Death toll from Kashmir clashes rises to 16
Press TV – July 10, 2016
Indian officials have updated the death toll from the ongoing unrest in the Himalayan state of Jammu and Kashmir, saying that 16 people are now confirmed dead following the clashes between protesters and riot police over the killing of a popular rebel leader.
One protester was shot dead on Sunday after riot police fired on infuriated and stone-hurling demonstrators, who defied a curfew aimed at suppressing the public uproar in the southern area of Pulwama, and six others succumbed to their wounds overnight, AP quoted an unnamed security official as saying.
A police officer also lost his life in the southern area of Anantnag, where angry demonstrators pushed his armored vehicle into a river.
Indian authorities have for the second day extended the curfew to the whole Kashmir valley, including the major city of Srinagar.
The clashes came after residents of Kashmir held a funeral for separatist Burhan Wani, the young leader of Hizbul Mujahideen (HM), who was killed on July 8 along with two other people during a brief gun battle with government forces.
During the past five years, Wani had become the iconic face of militancy in Kashmir, using social media to reach out to young people in the region.
Wani’s body was handed over to his family earlier on Saturday and the locals, who see the slain 22-year old as a hero, turned the mass funeral into a full-scale protest.
According to Indian police, anti-riot troops used live ammunition, pellet guns and tear gas to disperse the crowds and calm down the outrage. Authorities have also suspended mobile networks and the internet to prevent massive demonstrations.
Reports say that at least 200 people, including 90 government forces, were injured during the clashes.
The death of Wani sparked street protests across Kashmir throughout the night Friday. In a rare incident, mosques’ loudspeakers blared with “Azadi” (freedom from Indian rule) in most areas, including Srinagar, where people were ordered to remain indoors.
Major groups known for their resistance against Indian rule have declared three days of mourning.
Kashmir, a Himalayan region known for its beautiful landscapes, lies at the heart of more than 69 years of hostility between India and Pakistan. Both neighbors claim the region in full but have partial control over it. India controls two thirds of Kashmir while the remaining one third is under the Pakistani rule.
The neighbors agreed on a ceasefire in 2003, and launched a peace process the following year. Since then, there have been sporadic clashes, with both sides accusing the other of violating the ceasefire.
Thousands of people have been killed in the violence in Kashmir over the past two decades.
FBI Vacuums Up Local Law Enforcement Documents To Block Open Records Requests About Orlando Shooting
By Tim Cushing | TechDirt | July 7, 2016
The FBI has decided to insert itself into another public records battle. The agency has long been known to cc: itself to public records requests for Stingray documents, but this time it’s claiming any requests for local law enforcement documents related to the Orlando nightclub shooting need to be routed through it.
A June 20 letter from the FBI, attached to the City or Orlando’s lawsuit over withholding 911 calls and other records from 25 media outlets including the Orlando Sentinel, was also sent to the Seminole County Sheriff’s Office with instructions pertaining to how they should respond to records requests.
The letter requests that agencies deny inquiries and directs departments to “immediately notify the FBI of any requests your agency received” so “the FBI can seek to prevent disclosure through appropriate channels, as necessary.”
Notice the FBI says “prevent disclosure,” rather than, say, “assist in determining which documents can be released.” The letter [PDF] claims that all records generated by local law enforcement agencies are now the FBI’s by proxy and that the “investigative documents” exemption [Exemption 7(A)] prevents the release of all documents related to the shooting.
The FBI flat-out states all documents are [evidence and] belong to it.
The FBI considers information obtained from state and local law enforcement agencies in furtherance of its investigation to be evidence, or potential evidence.
Presto! Instant blanket exemption from disclosure at both federal and state level. The FBI takes care to point out which Florida Sunshine Law exemption local agencies can use to withhold documents from requesters.
There’s significant public interest in these documents, especially those related to EMS/police response to emergency calls. This obviously conflicts with the FBI’s determination that its ongoing investigation — which now apparently contains every document created by every responding law enforcement agency in Florida — should preempt any and all requests for documents via Florida open records laws.
Not for nothing have there been several efforts mounted to alter blanket exemptions like the one the FBI is using to insert itself into local level records requests. Unfortunately, it’s very likely the FBI’s wielding of this “open investigation” exemption will be granted deference by the federal court currently presiding over an open records lawsuit between the Orlando Sentinel and the City of Orlando, even though this fight never should have included a federal agency conducting its own concurrent investigation of the mass shooting.
Hillary Clinton’s Emails and the Crisis of Legitimacy
A Black Agenda Radio commentary by Glen Ford | July 6, 2016
Hillary Clinton has escaped indictment – as almost universally expected – for commingling her email communications as secretary of state with her personal business, including the global money laundering, bribery and extortion racket called the Clinton Foundation. The Clintons are capable of infinite corruption. That’s why they’re in politics: to protect the criminal enterprises of the truly rich people they serve, and to become rich, themselves. That is the nature of the system – and the system works; it provides impunity to the powerful.
FBI Director James Comey essentially admitted as much when he acknowledged that there was “evidence of potential violations of the statutes regarding the handling of classified information.” A reasonable person in Clinton’s position “should have known” that what she was doing was violating the law. But, he said, the FBI’s “judgment is that no reasonable prosecutor would bring such a case.” The public knows perfectly well that what Comey really means is that there’s no way he was going to keep the rulers of the United States from getting the president they want.
So, Hillary gets off, as did the warlord General David Petraeus and other insiders who were not fully prosecuted for clearly breaking the law. Yet, President Obama has shattered all historical records in treating whistleblowers as spies. Obama pushed for and got the power to detain people indefinitely without trial or charge, but is so tolerant of systemic criminality among Wall Street bankers that his own attorney general had to briefly admit that the Lords of Capital are “too big to jail.” So, on the one hand, the fundamental right to due process under the law has ceased to exist – yet, for the rich impunity has become all but absolute.
The rulers are caught in a crisis of legitimacy. Obscenely concentrated wealth has turned U.S. society into a Constitution-free zone for the wealthy, who behave as if they are a separate species. They have exhausted the tolerance even of white Americans, descendants of Europeans who came here hoping to become rich, but now despair of keeping their heads above water and are growing to despise the 1%.
Black folks are waking up – angry! – after two generations of relative quietude, pushing back against a police state that is coddled by Congress, upheld by the Supreme Court, and unchallenged by the executive branch. The system is leaking legitimacy like a sieve.
Donald Trump is seen as illegitimate by probably a majority of Americans, but so is Hillary Clinton. In some ways, Clinton is even more revolting. Most people that hate Trump can point to one or more of his specific policies or statements. However, people are just plain repulsed by Hillary Clinton. If pressed on why they find her so distasteful, folks say she is dishonest, not to be trusted – but usually offer no particulars. What they really feel, is that she is corrupt to the bone; that she personifies the Lie that the top of society tells to the bottom.
The crisis of legitimacy becomes acute when enough people say, “Who are you to hold power over me?”
Glen Ford can be contacted at Glen.Ford@BlackAgendaReport.com.
Post-Brexit, Is the EU Flaunting Its Undemocratic Tendencies?
By Joyce Nelson | CounterPunch | July 6, 2016
Stung by Brexit, the EU bureaucrats seem intent on showing just how undemocratic they can be. Here are two examples just in the last seven days.
The Glyphosate License
On June 24, EU member states again refused (for a third time this year) to approve a renewal of the license for the weed-killer glyphosate manufactured by Monsanto and other corporations involved in GMO crop cultivation. That should have meant that the license would expire by the end of June, and Monsanto’s Roundup and other glyphosate weed-killers would have to be withdrawn from Europe by the end of this year.
Instead, on June 29 the European Commission (EC) decided “unilaterally” to extend the glyphosate license for another 18 months. [1]
The decision “drew heavy criticism from the Greens in the European Parliament, who said the decision showed the Commission’s ‘disdain’ for the opposition by the public and EU governments to the controversial toxic herbicide.” [2] Belgian Green Member of the European Parliament Bart Staes said, “As perhaps the first EU decision after the UK referendum, it shows the [EC] executive is failing to learn the clear lesson that the EU needs to finally start listening to its citizens again.” [3]
Many were simply shocked that an unelected body of bureaucrats would cater so blatantly to the corporate sector’s last-minute lobbying.
The EC claims that, because of member nations’ indecision on the matter, its own decision about glyphosate was based on assessments made by the European Food Safety Authority (EFSA), prolonging the authorisation until a new scientific review is concluded before the end of 2017, but Greenpeace has called the EFSA study “a whitewash.” [4]
Lawrence Woodward, co-director of Beyond GM, has called the EC’s unilateral decision “reckless.” [5] It comes at the same time that dozens of individuals and organizations have signed an open “Letter from America,” urging European citizens, politicians and regulators to not adopt a “failing agricultural technology” and sharing examples of glyphosate and GMO repercussions across North America. [6]
CETA Ratification
At virtually the same time that the EC made this controversial decision on glyphosate, it made another that is even more undemocratic.
On June 28, a German news agency reported that European Commission President Jean-Claude Juncker told EU leaders the Commission is planning to push through a controversial free trade agreement between Canada and the EU – known as CETA, the Comprehensive Economic and Trade Agreement – without giving national parliaments any say in it. [7] According to the German press, Juncker argued that allowing national parliaments to vote on the agreement would “paralyze the process” and raise questions about the EU’s “credibility.” Juncker claimed that CETA “would fall within the exclusive competence of the EU executive” and therefore doesn’t need to be ratified by national parliaments within the 28-nation bloc, sources in Brussels told the Germany news agency DPA. [8]
Most EU members, however, view CETA as a “mixed” agreement, meaning “that each country would have to push the deal through their parliaments.” [9]
In late June 2016, the EC’s Juncker was reported as saying that he “personally couldn’t care less” whether lawmakers get to vote on CETA. [10]
Millions of Canadians and Europeans have fought against CETA for the past six years. Like the TPP and TTIP, it is a draconian agreement that would hand multinational corporations immense power to overrule elected local governments on numerous fronts. In Canada, CETA was supposed to be voted on by every Canadian provincial and territorial government before any ratification could take place, but in September 2014 (during the reign of Stephen Harper) the CETA deal was signed without there having been any public consultation whatsoever in Canada. The 2014 announcement was also the first time people in Canada and Europe were allowed to see the official text, which had been kept secret during the years of negotiations.
Unfortunately, Canada’s International Trade Minister Chrystia Freeland is enthused about what the EU is doing. According to The Globe and Mail newspaper (July 3), “The British vote to exit the European Union has refocused
Europe’s attention on the need to send a message to the world that liberalized trade is the path to greater prosperity, Ms. Freeland said.” [11]
She also explained that once the European Parliament approves CETA, “a great deal of the agreement would come into force immediately, more than 90 per cent,” she said, “those portions deemed to be within the European Union’s jurisdiction, those go into force right away.” [12]
Freeland told The Globe and Mail that concerns about CETA’s investor-state dispute settlement (ISDS) mechanism – which allows multinational corporations to sue governments over regulations that harm their future profits – had been addressed by a rewrite of the treaty’s investment chapter. [13] But according to Council of Canadians, those changes “actually make [the provisions] worse. The reforms enshrine extra rights for foreign investors that everyone else – including domestic investors – don’t have. They allow foreign corporations to circumvent a country’s own courts, giving them special status to challenge laws that apply equally to everyone through a [private] court system exclusively for their use.” [14]
Prime Minister Justin Trudeau will be in Europe this week for a NATO summit, and officials “say he will lobby hard for other European leaders not to stand in the way of [CETA’s] ratification.” [15]
The Pushback
Reportedly, the pushback in Europe has been immediate, with Germany and France wanting “their national parliaments to be involved” in CETA ratification. On July 5, Deutsche Welle reported that “Juncker appears to be backtracking,” and would propose at a July 5 EC meeting that CETA would require “both the approval of the European parliament and national legislatures.” [16]
The Globe and Mail reported on July 5 that Juncker’s “new recommendation… could call for applying those EU parts of the treaty while the ratification process [by national legislatures] is under way.” [17] That would mean (as Canada’s Chrystia Freeland had earlier explained) more than 90% of CETA could be approved by the EU as part of its “jurisdiction” and needing no national legislative approvals. Such a process would make a mockery of democratic rights on both sides of the Atlantic.
That appears to be what is happening.
Following the July 5 EC meeting in Strasbourg, France, the CBC reported: “Legal opinions advanced by the commission suggest that most of the agreement – perhaps as much as 95 per cent – falls comfortably with the European Union’s jurisdiction… ‘This is an agreement that Europe needs,’ EU trade commissioner Cecilia Malmstrom said in a statement. ‘The open issue of competence for such trade agreements will be for the European Court of Justice to clarify, in the near future. From a strict legal standpoint, the commission considers this agreement to fall under exclusive EU competence. However, the political situation in the council is clear, and we understand the need for proposing it as a ‘mixed’ agreement, in order to allow for a speedy signature’.” [18]
But as nations gear up to wrangle with the EU (in the European Court of Justice) over what parts of the CETA treaty fall within their jurisdiction, and what parts “fall under exclusive EU competence,” the EC could approve 95% of CETA before elected legislatures even vote.
The Council of Canadians warns on its website (July 5): “One important concern to note, ‘The commission may recommend provisionally applying the EU-parts of the Canada deal while full ratification is pending.’ The French newspaper Le Monde has previously reported that even if CETA is deemed to be a ‘mixed’ agreement, the deal could enter into force ‘provisionally’ even before EU member state parliaments vote on it. It notes, ‘If EU ministers agreed at the signing of the CETA on its provisional application, it could come into effect the following month. Such a decision would have serious implications. Symbolically, first because it would send the message that European governments finally [have] little regard for the views of parliamentarians and thus of European citizens strongly against the agreement’.” [19]
Council of Canadians National Chairperson Maude Barlow stated after the EC meeting in Strasbourg, “Like many Canadians, Europeans are worried about CETA’s attacks on democracy, its weakening of social and safety standards, its contribution to privatization and attacks on public services. After the Brexit vote, policy makers on both sides of the Atlantic would be better counseled to listen to voters, rather than pushing discredited [trade] solutions down people’s throats.” [20]
Global Justice Now director Nick Dearden has called CETA a “toxic deal” and says that the way the EC is acting “reinforces the widely held suspicion that the EU makes big decisions with harmful consequences for ordinary people with very little in the way of democratic process,” he said. “Rather than take a step back and question why there is hostility to the EU, they try to speed up this awful trade deal.” [21]
Union members, environmentalists, social activists and “fair trade” groups say CETA is just as dangerous as the proposed Transatlantic Trade and Investment Partnership (TTIP) deal between the EU and the U.S., which hands massive power to multinationals and is a direct threat to democracy on both sides of the Atlantic. The way the EC is handling CETA is a stark clue to what’s in store for TTIP.
Footnotes:
[1] “European Commission Extends Glyphosate License without Real Restrictions,” Sustainable Pulse, June 29, 2016.
[2] Frederic Simon, “EU muddling on glyphosate fuelled Brexit populism,” EurActiv.com, July 1, 2016.
[3] Quoted in ibid.
[4] Ibid.
[5] Katie Pohlman, “Neil Young: Say No to GMOs on ‘Behalf of All Living Things’,” EcoWatch, July 1, 2016.
[6] Quoted in ibid.
[7] “EU Commission Seeks to Push Through Free Trade Agreement with Canada (CETA) without Parliamentary Approval,” Deutsche Welle, June 28, 2016.
[8] Ibid.
[9] Reuters, “EU Commission to opt for simple approval for Canada deal: EU official,” June 28, 2016.
[10] “EU Commission: CETA should be approved by national parliaments,” Deutsche Welle, July 5, 2016.
[11] Robert Fife, “Despite Brexit vote, key EU powers vow to ratify CETA deal,” The Globe and Mail, July 3, 2016.
[12] Ibid.
[13] Ibid.
[14] Council of Canadians, “CETA changes make investor-state provisions worse,” February 3, 2016.
[15] Fife, op cit.
[16] “EU Commission: CETA should be approved by national parliaments,” Deutsche Welle, July 5, 2016.
[17] “EC set to scrap plans to fast-track CETA deal: report,” The Globe and Mail, July 5, 2016.
[18] “Canada gets clarity on how Europe will ratify trade deal,” CBC, July 5, 2016.
[19] Council of Canadians, “CETA to be considered a ‘mixed’ agreement, now more vulnerable to defeat,” July 5, 2016.
[20] Council of Canadians, “CETA vulnerable to defeat: Council of Canadians,” July 5, 2016.
[21] Lamiat Sabin “Brexit ‘Might Not Stop Awful Ceta’,” Morning Star, July 5, 2016.
Joyce Nelson is an award-winning Canadian freelance writer/researcher working on her sixth book.
Halfway to 2017: US Police Still Killing People at Alarming Rate
Sputnik – 06.07.2016
Halfway through 2016, police in the United States have killed over 550 people in the country.
According to the Guardian’s “The Counted” database of police killings, reporting 550 deaths as of July 5, 95 people were killed by police in the month of June. The Killed by Police (KBP) database has an even higher number, with 596 deaths documented, 100 of which were in June.
June was not the deadliest month according to counts, however. March and February topped that number, with the Guardian reporting 99 in each month and KBP reporting 102 in March and 104 in February.
The KBP totals vary from the Guardian’s, as they also count incidences of death in police custody, if those deaths are a result of injuries or circumstances caused by law enforcement. KBP is the first database of it’s kind, launched in 2013, by activists who have chosen to remain anonymous.
From the beginning of this year through June 30, the Guardian has logged 261 white people killed by police, a significantly higher number than other racial groups, as noted by Think Progress. However, black people and Native Americans are killed at a much higher rate, when population density is considered.
Meanwhile, a pro-police website called the Officer Down Memorial Page, is reporting that police deaths in the line of duty are down 17% from this time last year, with 52 officers killed while in uniform. That number includes non-criminal-activity deaths, including car and gun accidents.
Despite an ongoing wave of popular sentiment calling attention to police brutality and several new organizations, including Black Lives Matter, working to counter police abuse — as well as promises from the Department of Justice — not much has changed to stop the violence.
Trudeau Under Fire for ‘One Nation’ Statement in Quebec
Sputnik – 04.07.2016
Canadian Prime Minister Justin Trudeau was called on to retract his statement made on Canada Day calling the country “one nation”, as it insults Québécois.
Parti Québecois leader candidate Martine Ouellet said in a video posted her Facebook page Saturday that Canadian Prime Minister Justin Trudeau’s recent statement calling Canada “one nation” is “reinventing history”.
“It’s a direct insult to the Quebec nation, an insult to everything our heritage represents,” Ouellet wrote on Facebook.
On Canada Day, July 1st, Justin Trudeau said “today, we celebrate the day, exactly 149 years ago, when the people of this great land came together, and forged one nation, one country — Canada.”
Ouellet called for Trudeau to retract his statement and recognize Quebec as a nation.
Quebec, the largest and second most populated province of Canada, has a long record of struggle for independence that can be traced at least to 1960, when several diverse political groups coalesced in the formation of the Parti Québécois, which is now a primary mainstream political vehicle for the Quebec sovereignty movement.
Quebec’s current status allows it a high degree of autonomy, including its own property legislation, civil legislation, justice, healthcare and education regulation.
Justin Trudeau is known for his anti-separatism position. In 2006, then prime minister Stephen Harper introduced a motion calling on the House of Commons to recognize that “Québécois form a nation within a united Canada.” Trudeau, who was not an MP at the time of events, backed Gerard Michael Kennedy, a Liberal Party leader candidate who opposed the motion.
Trudeau had reportedly claimed that his father, the late prime minister, would never have supported recognition of Quebec as a nation.
Frexit: Debate Over EU Membership May Decide France’s Presidential Election
Sputnik – 04.07.2016
France has two candidates who are openly calling for exiting the European Union while another wants major overhauls sending chills down the backs of the status quo establishment.
Britain’s historic vote to abandon the European Union sparked renewed calls by French nationalist Marie Le Pen, a leading candidate for the country’s presidency, for Paris to step away from what she deemed an undemocratic and failed experiment.
The candidate took to the editorial pages of the Western press blasting the pro-EU establishment of Francois Hollande for fettering away the country’s sovereignty to an unknown cabal of bureaucrats in Brussels who can override any aspect of French law including the constitution.
Le Pen’s National Front Party is just one of many populist rightwing forces across Europe now clamoring to escape the European Union citing sometimes xenophobic concerns about the influx of Syrian refugees and a lack of political self-determination as their rallying cry against the crumbling EU.
Declared “Madame Frexit” the candidate has made her rallying call for French liberation the focal point of her candidacy promising to hold a referendum on EU membership within six months if she attains power in next year’s election.
“The People’s Spring is now inevitable!” declared Le Pen in a New York Times editorial. “The only question left to ask is whether Europe is ready to rid itself of its illusions, or if the return to reason will come with suffering.”
Marie Le Pen’s Eurosceptic platform is not unique among the country’s presidential candidates with far-left Front de Gauche (FG) party leader Jean-Luc Mélenchon also calling for France to leave the European Union citing the specter of undemocratic trade deals that risk poisoning the country’s citizens, undercutting its agricultural industry, and stripping its workers of basic protections.
Another presidential hopeful, Bruno Le Maire, a former secretary of state for European Affairs, has also demanded a referendum on redefining the European project but has not gone so far as to say that the European Union is broken beyond repair.
The emergence of two, possibly three leading presidential candidates in France demanding a so-called Frexit suggests that the issue will be front and center during the election season, but many analysts remain skeptical that any of these candidates will gain the traction needed to win.
However, recent public opinion polls show that selling the idea of the status quo may ultimately prove fatal to President Francois Hollande or former President Nicolas Sarkozy’s respective campaigns.
More than 60% of French voters view the EU unfavorably according to a recent Pew Research Center poll while another survey by the University of Edinburgh found that 33% would vote to leave versus 40% who would remain, while 22% are undecided.
The National Front’s position on French independence from the European Union grew following the Paris attacks, but the real litmus test may be how well Britain weathers the storm of their own referendum.
How the EU pushed France to reforms of labour law
Corporate Europe Observatory | June 27, 2016
The current struggle in France over labour law reforms is not just between the Government and trade unions – a European battle is waged. The attacks on social rights stem in no small part from the web of EU-rules dubbed ‘economic governance’, invented to impose austerity policies on member states.
Strikes and actions across France against reforms of the country’s labour protections, known as the El Khomri Law, demonstrate the immense unpopularity of the measures proposed by the French Government. Chiefly among them, to give preference to local agreements on wages and working conditions, when the conditions in those agreements are less favourable than the national norm inscribed in national law. This is an open attempt to undermine collective bargaining and roll back the influence of trade unions.
Ultimately, the French Government has formal responsibility for the weakening of labour protection. But there is no denying that the European Union is playing an important and perhaps decisive role in the attacks on labour rights. What we see is the EU throwing its rulebook in the French workers’ faces. Practically all the new rules on so-called ‘economic governance’ adopted following the eurocrisis have been applied, and make France look like an EU test-case. The European Commission, with the backing of the Council, has used the rules on member states’ deficits to exert pressure, threatening with sanctions, should the French Government not give in and seriously reform its labour laws. Simply put, France has been required flat out to ensure higher profitability for businesses by driving down wages.
How does all of this work?
Sanctions more likely today
First and foremost, the reforms in France are related to the country’s deficit. Like most other EU member states, the state’s finances looked pretty bad in the aftermath of the 2008 financial crisis. In 2009, a case was opened against France for breaching EU rules which stipulate that its deficit must be no higher than 3 per cent of GDP. If taken to the extreme, this ‘excessive deficit procedure’ can result in a fine of billions of euro, and – not least in the case of France – a severe loss of face to its EU partners.
The ‘excessive deficit procedure’ was given more teeth with the so-called ‘Six-Pack’ set of EU rules in 2011 – a key part of the austerity-focused economic governance package – which introduced a reverse majority vote in the Council: if the Commission does decide to fine a member state, like it has threatened to do to France, there will have to be a qualified majority against the measure from other member states to block it. Good reasons for the French Government to be slightly scared – and a weapon to be used in its attempt to convince parliamentarians. The likelihood of sanctions for not meeting the budget deficit targets is much bigger than in the past, when both Germany and France escaped humiliation. But how to meet the Commission’s strict targets, and how to behave to the satisfaction of the Commission, is what clearly links the El Khomri Law in France to the austerity regime being rolled out from Brussels.
Enabling demands of ‘structural reforms’
Being ‘in the procedure’, means you’re under close surveillance by the Commission, and with regular intervals, the case of the French deficit has been brought up at meetings with member states ministers, who have assessed if France (in this case) has made sufficient efforts to remedy the problem. Specific recommendations have been made, though until 2013 the labour law was hardly mentioned. The recommendations stuck to the development of the deficit, whether it went down at the required pace. But in 2013, there was a new tone in the Commission’s recommendations. France was asked to meet its deficit targets “by comprehensive structural reforms” in line with recommendations from the Council “in the context of the European Semester”. Structural reforms are no small matter. They are defined as changes that affect “the fundamental drivers of growth by liberalising labour, product and service markets”. Such ambitions were starting to be pushed on France at the European Semester.
But what is the European Semester? It is a procedure involving the Commission and the Council that ends with a set of recommendations for reforms to each and every member state, based on a proposal from the Commission. At the beginning in 2011, the recommendations were non-binding, but in 2013, a new set of rules went into force under the so-called Two-Pack, another part of the economic governance package intended to enforce austerity. One of the regulations of the two in the package was about measures to ensure deficits were corrected, and among other things, it made a link between the deficit procedure and the European Semester. If a member state is under the deficit procedure – like France – it would have to draw up an ‘Economic Partnership Programme’ that includes the recommendations from the Council –typically the kind of structural reforms that would have a clear impact. If the programme is not followed, then it will have a bearing on the Commission’s decision to initiate the final phase of the deficit procedure: sanctions in the form of a fine worth billions.
So, when the Two-Pack entered into force in early 2013, the tone of the messages to France on its deficit changed. France was now asked to implement “comprehensive structural reforms” of its labour law and the pension system. This had a bearing on how France would be treated under the deficit procedure and whether it would come in for sanctions, and for that reason, recommendations started looking more like demands.
In other words: whereas earlier country specific recommendations adopted under the European Semester were just that, with the Two-Pack from 2013, non-compliance could lead the Commission to take the next step towards sanctions.
“Slash wages now!”
There’s more.
In the early stages of the eurocrisis another procedure was introduced that was to work in parallel to the deficit procedure: the ‘Macroeconomic Imbalance Procedure’. This procedure allows the Commission to monitor the development of member states’ economies based on a predefined set of indicators. One of them – perhaps the most important one – measures how high the labour costs are developing (unit labour costs). If wages are not kept at bay, competitiveness suffers, and measures have to be taken, so the logic goes.
The ‘Macroeconomic Imbalance Procedure’ is also a potent weapon, as it can lead to a fine if a Eurozone member state crosses the line repeatedly and for a long time. And France has been in the crosshairs of the Commission for quite a while. Commission staff have investigated French labour law and identified what factors contribute “to limiting the ability of firms to negotiate downward wage adjustment”, and the French Government has been warned – as have many other member states – about developments in wages. In 2014, the Commission said “unit labour cost growth is relatively contained but shows no improvement in cost competitiveness. The profitability of private companies remains low, limiting deleveraging prospects and investment capacity.”
The calls for action to improve the profitability of private companies have been sent to France from Brussels on numerous occasions over the past couple of years, and have gained in strength. Thus far, the climax was in February 2015, when the Commission stepped up the procedure and singled out Bulgaria and France as the most pressing cases. The decision put France only a small step from the last stage of the imbalance procedure, the dreaded ‘excessive imbalance procedure’ which entails – exactly like the deficit procedure – a massive fine. If all fines are put together – from the deficit procedure and the imbalances procedure – they could amount to 0.5 per cent of GDP, or in the case of France, approximately €11 billion.
The final countdown
Such a prospect must be terrifying for the French Government, and in 2015, then, it would have to come up with something of substance to appease the European Commission and its partners in the Council. In March France was given two more years to bring its house in order, and if there was any doubt over the way to get there, the message to France in July was clear. Country Specific Recommendation number 6 to France under the European Semester, includes a call to “reform the labour law to provide more incentives for employers to hire on open-ended contracts. Facilitate take up of derogations at company and branch level from general legal provisions, in particular as regards working time arrangements.” In other words, the very reforms now at the centre of dispute with the El Khomri law.
The recommendation was copy-pasted from a Commission proposal; one that struck a chord among business lobby groups. In the annual ‘Reform Barometer’ of BusinessEurope, a procedure set up to influence the European Semester, the French employers association MEDEF was enthusiastic about the move, and dubbed it “extremely important” in its contribution to the Reform Barometer 2016.
End game
Who exactly has done what since the summer of 2015 is the subject of intense debate. French media outlet Mediapart suggests the German Government might have played a big role in designing the French reforms, while others believe the specifics were entirely homemade. In any case, there is no denying that the reforms were pushed heavily by the European Union, more specifically by the Commission and the Council. And the push was based on the web of rules on member states’ economic policies, sometimes called ‘economic governance’, that has been spun thread by thread since 2010. The strengthening of the deficit procedure, the European Semester, the Two-Pack, and the macroeconomic imbalance procedure have all been used for the purpose they were invented: to exert maximum pressure on member states to adopt austerity policies.
There are other similar examples in Europe at the moment. In Italy and Belgium too, you see the effect of the new tools handed over to the European Union since 2010. But France is special for its size and its power in the EU. The ongoing struggle in France can be seen as a major test case for European economic governance. If a big, powerful EU member state can be pushed to attack fundamental traits of its labour protection law, then the risk of new and stronger measures are much more likely in the future. Even if French workers are unaware of it, they’re fighting a European battle.
Female politicians (sometimes) receive more abuse than male counterparts, apart from when they don’t…

OffGuardian | June 29, 2016
The Guardian have tried their hand at statistical analysis again – after resounding failures the last two times, you have to at least salute their determination.
As part of their “web we want” initiative, the Guardian have published Max Kelsen’s extensive study of twitter “abuse” suffered by politicians. The study seeks to demonstrate and explain the “concerning” level of abuse, and manages to do neither. Instead it becomes just a tool for the Guardian to justify and renew their assault on the idea of internet free speech.
Methods and Data
The first point that needs to be addressed is how this study defines, and subsequently identifies, “abuse”:
Tweets were filtered into those that contained abusive words, and those that didn’t. While this will include false positives in the case of tweets primarily directed at one politician but containing abuse directed at another, these are in the minority.
Their method WILL produce false positives. Not “might produce”, “ will produce”; a very important distinction.
But don’t worry, these “false positives” are, they assure us, definitely “in the minority”. They never say how they know this, or how they could know, since no data is given. For all we – and possibly they – know the admitted “false positives” could make up literally 100% of their sample.
And it should be noted that these “false positives” could include total reversion of the intent of the tweet. For example the phrase “Hillary Clinton is not a bitch”, would be shuffled into the “abuse” pile simply for containing the word “bitch”.
Still, it’s not every statistics firm that would have the chutzpah to freely admit that anything up to 49% of their data may be totally and irrevocably flawed. So hats off Max Kelsen on that score anyway.
The study also suggests that the vast majority (75%+) of “abusive” tweets come from men, without in turn pointing out that Twitter never specifically asks for a user’s gender, and actually “assigns” it using an algorithm that famously skews male.
… but wait a minute:
The gender of tweeters was assigned where possible based on available information, such as bio information or the tweets themselves.
So twitter’s algorithm doesn’t actually matter, because this “analysis” didn’t even get that technical. No, they just looked at the accounts and sort of guessed. Brilliant.
None of which really matters, in the end, because their graphs reveal that – even including all those false positives – less than 2% of twitter posts are abusive.
Less than two percent. 98% of tweets are non-abusive.
That’s hardly a tickly cough, let alone the “epidemic” that the Guardian is so fond of describing. The study itself seems to recognise the minuteness of the alleged problem, saying this in their summary:
A key point to make is that data alone is not an accurate way to reflect the impact of abuse.
Again, it’s not every statistical study that would sum up: “OK, there’s not much data here… but it feels bigger than it looks”. Maybe this is some new, progressive mathematics – much like the Common Core syllabus in the US – where numbers are given increased weight based on how they make one feel.
The Agenda
It doesn’t take a skilled reader of subtext to see where this is going – the intent of the “Web We Want” section, coincidentally launched parallel to Yvette Cooper’s “Reclaim the Internet” campaign, has always been clear. They attack free speech under the guise of protecting the “oppressed” and the “bullied” – most of the time, this means women.
That slant is clear here. The headline reads:
From Julia Gillard to Hillary Clinton: online abuse of politicians around the world
…which implies there is disparity between men and women in the amount of abuse received. This early paragraph does the same:
The abuse of politicians online, particularly women, is perceived by some to come with the territory. But as high-profile cases flag the urgent need to clean up the web, the scope of the problem is now revealed in greater detail in work by a Brisbane-based social data company, Max Kelsen.
The bolded phrase above – “particularly women” – is an interesting one. Especially since, just a little way down the page, they reveal that the abuse is, in reality, evenly split between men and women over their samples.
Hillary Clinton receives more “abuse” than Bernie Sanders, and Julia Gillard was apparently abused more than Kevin Rudd… but Chris Christie received more abuse than Carly Fiorina, and Andy Burnham and Jeremy Corbyn both received nearly twice as much “abuse” as their female counterparts. In short: There’s no real difference between the genders.
You’d be forgiven, given the tone, for thinking the opposite – the article cites the Jess Philips claim of 600 threats in one night, repeats Yvette Coopers famous “threat” (which, to me, reads as an obviously rather tasteless joke), and then treats us to some pictures of Jo Cox’s mournful public, suggesting that controlling what people are allowed to say on the internet might have saved her life.
The study tells us to disregard the data, and focus on the “emotional impact” of the abuse. I would say disregard the data (or lack thereof), and instead focus on how the Guardian is choosing to present it.
Leaked FBI doc reveals secret policy of targeting journalists, sources
RT | July 1, 2016
FBI documents sought after in Freedom of Information Act requests for the last year are now available, thanks to a leak to the Intercept. They lay out secret rules for collecting phone records of journalists, bypassing normal judicial processes.
The documents, published Thursday, outline how FBI agents would utilize National Security Letters in obtaining journalists’ phone records. They date back to 2013, the same year the agency’s overseer, the US Department of Justice, amended its standards for subpoenaing for such records.
However, the newly leaked papers are marked “last updated October 2011,” and they seem to conflict with DOJ policy as well as reveal information that many say never should have been secret in the first place.
The FBI’s National Security Letters, or NSLs, are used like search warrants, but unlike a normal warrant, they are not signed off on by any judge or court. They are approved in-house without even a requirement to notify the target. For the purposes of these documents, that means not even the news organization employing the journalist would necessarily be informed. Furthermore, they nearly always come with some form of a gag order, preventing the target from talking about their NSL case.
Getting an NSL authorized typically requires the signatures of the FBI’s general counsel and its National Security Branch’s executive assistant director as well as other chain of command OK’s following the agent making the request, the Intercept reported. That is, as long as the NSL is deemed “relevant” to an investigation pertaining to national security.
Except in investigations over a leak, such as how these FBI documents came to be available, when the purpose of an NSL is “to identify confidential news media sources,” according to the documents, the general counsel and executive assistant director defer to the DOJ National Security Division’s assistant attorney general. To identify a leaker, however, the DOJ is not needed for NSL approval.
The Freedom of the Press Foundation sued the DOJ for a more complete release of these rules, since they had previously been divulged under ample redaction in 2011, along with the rest of the FBI’s Domestic Investigations and Operations Guide, or DIOG.
“These supposed rules are incredibly weak and almost nonexistent — as long as they have that second sign-off they’re basically good to go,” Trevor Timm, the executive director of the media advocacy group told the Intercept. “The FBI is entirely able to go after journalists and with only one extra hoop they have to jump through.”
FBI spokesman Christopher Allen gave little comment to the Intercept, only to say the agency was “very clear” that “the FBI cannot predicate investigative activity solely on the exercise of First Amendment rights.”
Press advocates have criticized President Obama’s administration harshly, as it has pursued more cases, including under the Espionage Act, against publishers, leakers and reporters than prior administrations.
In 2013, in response to backlash over its seizing the phone lines of the Associated Press and keeping tabs on Fox News’s James Rosen, the DOJ released new “Media Guidelines” that conveyed a tightening up of the practices. The information just leaked to the Intercept, though, “makes a mockery” of those guidelines, the Freedom of the Press Foundation wrote Thursday.
It is important to note that NSLs are covered by rules wholly separate from the DOJ’s media guidelines.
Efforts on Capitol Hill to loosen restrictions on NSLs have failed recently, but only by slim margins, and the fight does not seem to be letting up. An amendment to a Senate criminal justice funding bill failed last week by just two votes, while this past Monday, a similar amendment allowing the FBI to demand email header information, web browser history, social media account access and other metadata was blocked by Senator Ron Wyden (D-Oregon), Reuters reported.
Chagos islanders forcibly evicted by UK told they STILL can’t go home
RT | June 30, 2016
Chagos islanders forcibly removed from their homes by the British government to make way for a US military base have been told they are still barred from returning in a UK Supreme Court ruling.
Britain’s highest court said the islanders could not go back to their homeland because life on the archipelago in the middle of the Indian Ocean is too precarious, despite the fact over 4,000 US and UK military personnel live on the island Diego Garcia.
Since their forced eviction in the 1960s and 1970s, the islanders have campaigned for the right to return to their homes, supported by politicians such as Labour Party leader Jeremy Corbyn.
The Supreme Court ruling is the latest in a protracted legal battle against the UK government.
In 2000, the High Court ruled the Chagos islanders could return to all islands except Diego Garcia, the site of a large US military base. This was overturned in 2008 by a 3/2 majority.
Thursday’s ruling by the same majority is the latest setback in the islanders’ struggle for justice, however they have not been deterred by the decision.
“It is impossible to accept that other people can live and work on our birthplace while we are not able to,” said Chagos Refugee Group leader Louis Olivier Bancoult.
“We will not give up. Chagossians will be on Chagos very soon.
“It’s time for the UK government to put an end to all our suffering. We have not lost all the battle. It’s not the end of the road. Our case is a just case. We are asking for our dignity as people and fundamental rights as human beings.”
