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Brunei Has Never Executed Anyone And This is Unlikely to Change

By Adam Garrie | Eurasia Future | 2019-04-07

Since 2014, the small south east Asian Sultanate of Brunei has been amending its penal code to reflect letter and spirit of Islamic law. Crucially, the Islamic law that forms the basis of the revised penal code will only apply to instances involving Muslims. This means that non-Muslim tourists in Brunei will still be subject to the same British penal law that Brunei had erstwhile enforced throughout its territory since becoming an independent state in 1984.

Most notably, because the British penal laws of many post-colonial states were never amended to reflect contemporary developments in the UK itself, countries like Brunei prohibited homosexual relations not due to Islamic law but due to post-colonial British laws. It was only in 1967 that homosexual relations were made legal in England and Wales. In 1980, homosexual relationships were made legal in Scotland whilst in 1982 the same became law in Northern Ireland. Even today, the UK’s legal system is not monolithic when it comes to the issue of same-sex rights under the law. Most notably, whilst same-sex marriage is legal in Great Britain, it remains illegal in Northern Ireland.

It is against this context that one must view contemporary legislative developments in Brunei. It is likewise true that just as Brunei inherited Britain’s laws regarding homosexuality, the country also inherited British laws regarding capital punishment. In fact, the last time that someone was executed on the soil of Brunei it was whilst the Sultanate was under British rule. This hanging took place in 1957 and there has not been a single execution in Brunei since. This means that in the history of Brunei as a post-colonial independent state, the death penalty has never been used and there is no reason to believe this will change.

It is a further misnomer that Brunei revised its penal code to specifically target homosexuals. The year-by-year shift from a British corpus of criminal law to an Islamic one has been one that covers all areas of the law. It just so happens that the Islamic legal view on homosexual relations has caught the eye of the international media whilst other elements of Brunei’s revised penal code have not. That being said, the illegality of same-sex relations is not new in Brunei, the issue has simply gone from one that was governed by a largely Victorian British conception of justice to one governed by a strict Islamic conception of justice.

For all intents and purposes however, the situation on the ground in Brunei will not change. Just as technically homosexuality remains illegal in Singapore although the law is openly not enforced, in Brunei there will not be any acts of violence against homosexuals in the small Sultanate whose indigenous population is a mere 428,697 people.

These are the facts – facts which have been woefully misinterpreted by so-called responsible media outlets.

April 7, 2019 Posted by | Civil Liberties, Islamophobia, Mainstream Media, Warmongering | , , | Leave a comment

The Trans-Pacific Sellout

Guaranteed profits—at any price

By Jason Hirthler | Dissident Voice | April 26, 2015

Last Tuesday, President Barack Obama told beltway bullhorn Chris Matthews that Senator Elizabeth Warren was “wrong” about the Trans-Pacific Partnership (TPP), the largest trade deal in American history, linking United States and Australia, Brunei, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore and Vietnam in a pervasive and binding treaty. The president was referring to Warren’s claim that the trade treaty will license corporations to sue governments, and her contention that this was, to put it mildly, a bad idea.

Warren isn’t wrong, Obama is. And he knows it. The entire TPP, as understood, is based on a single overarching idea: that regulation must not hinder profiteering. This is a fundamentally anti-democratic concept that—if implemented—would effectively eliminate the power of a demos to make its own law. The final authority on any law’s validity would rest elsewhere, beyond the reach of popular sovereignty. From the TPP point-of-view, democracy is just another barrier to trade, and the corporate forces behind the draft treaty are intent on removing that barrier. Simple as that.

That’s why the entire deal has been negotiated in conclave, deliberately beyond the public purview, since the president and his trade representatives know that exposing the deal to the unforgiving light of popular scrutiny would doom it to failure. That’s why the president, like his mentor President Clinton, has lobbied hard for Trade Promotion Authority, or Fast Track, which reduces the Congressional role in the passage of the bill to a ‘yea’ or ‘nay.’

Cracks have begun to show in the formidable cloak behind which the deal has been structured. A coalition of advocacy groups advanced on the U.S. Trade Representatives office this week. Wikileaks has obtained and released chapters from the draft document. Senator Harry Reid declared his position on Fast Track as “… not only no, but hell no.” Warren has proved to be a persistent thorn in the side of White House efforts to smooth over troubling issues with the deal. But the monied interests that rule the beltway have all pressed for passage. And as a Fast Track draft makes its way through Congress, stakes are high. The TPP is, in the apt estimation of political activist Jim Hightower, a “corporate coup d’état.”

Not for the first time, the president and his Republican enemies are yoked by the bipartisan appeal of privilege against this faltering fence of protest. The marriage of convenience was described in last Friday’s sub-head to a New York Times article on TPP: “G.O.P. Is Allied With President Against His Own Party.”

All The Usual Suspects

Who else supports the TPP? Aside from this odd confection of neoliberals, the corporations that rule the beltway feverishly back the TPP. From the leak of Sony digital data we learn that it and its media peers have enthusiastically pressed for the passage of the deal. Sony is joined by major agricultural beneficiaries (Monsanto), mining companies like Infinito Gold, currently suing Costa Rica to keep an ecology-harming mine pit active, as well as pharmaceutical coalitions negotiating stiff intellectual property rights unpopular even in Congress, and various other technology and consumer goods groups. And don’t forget nicotine kingpins like Philip Morris.

Obama reinforces the corporate line: “We have the opportunity to open even more new markets to goods and services backed by three proud words: Made in America.” Perhaps he isn’t aware that our leading export is the workforce that once took pride in that moniker. We’ve exported five million manufacturing jobs since 1994, largely thanks to NAFTA, the model on which the TPP is built. The TPP will only continue that sad trend. The only jobs not being offshored are the ones that can’t be: bartenders and waitresses and health care assistants. That’s the Obama economy: a surfeit of low-wage service jobs filled by debt-saddled degree holders. As Paul Craig Roberts argued in The Failure of Laissez Faire Capitalism, between 2007 and 2014, some eight million students would graduate from American universities and likely seek jobs in the United States. A mere one million degree-requiring jobs would await them. The irony of Obama’s statement is that the TPP would actually move to strip the use of labels like, “Buy American,” since they unduly advocate for local goods.

In truth, the authors of the treaty already know all this. The bill concedes as much, with Democrats building in some throwaway provisions of unspecified aid to workers whose jobs have been offshored, and a tax credit to ostensibly help those ex-workers purchase health insurance. Cold comfort for the jobless, as they are exhorted by the gutless paladins of globalization to ‘toughen up’ and deal with the harsh realities of a globalized economy. As neoliberal stooge Thomas Friedman has said, companies in the glorious global marketplace never hire before they ask, “Can this person add value every hour, every day — more than a worker in India, a robot or a computer?” Of course, the answer is invariably no, so the job goes to Bangladesh or a robot. No moral equation ever enters the picture. Just market discipline for the vulnerable and ingenious efforts by a captive state to shelter capital from the market dynamics it would force on others.

The Investment Chapter

Despite Obama’s disingenuous clichés about “… fully enforceable protections for workers’ rights, the environment and a free and open Internet,” the trade deal makes it clear that labor law and environmental law are both barriers to profitability. We know this thanks to Wikileaks, which once again proved its inestimable value by acquiring and releasing another chapter from the cloak-and-dagger negotiations. This time it was the investment chapter, in which so much of the treaty’s raison d’etre is expressed.

As Public Citizen points out in its lengthy analysis of the chapter, any domestic policy that infringes on an investor’s “right” to a regulatory framework that conforms to their “expectations,” is grounds for a suit. Namely, the suit may be pressed to “the extent to which the government action interferes with distinct, reasonable investment-backed expectations.”

Here’s what the TPP says about such legislation as it relates to investor expectations:

For greater certainty, whether an investor’s investment-backed expectations are reasonable depends, to the extent relevant, on factors such as whether the government provided the investor with binding written assurances and the nature and extent of governmental regulation or the potential for government regulation in the relevant sector.

Try putting that tax on financial transactions. Forget it. Barrier to a reasonable return. Don’t believe it? Just read the TPP investment protocols that would ban capital controls, which is what a financial tax is considered to be by TPP proponents. Try passing that environmental legislation. Not a chance. Hindrance to maximum shareholder value. Just ask Germany how it felt when a Swiss company sued it for shutting down its nuclear industry after Fukushima. Try enacting that youth safety law banning tobacco advertising. Sorry. Needless barrier to profits. Just ask Australia, which is being sued by Philip Morris for trying to protect kids from tar and nicotine.

Public Citizen has tabulated that, “The TPP would newly empower about 9,000 foreign-owned firms in the United States to launch ISDS cases against the U.S. government, while empowering more than 18,000 additional U.S.-owned firms to launch ISDS cases against other signatory governments.” It found that “foreign investors launched at least 50 ISDS claims each year from 2011 through 2013, and another 42 claims in 2014.” If these numbers seem small, recall that for a crucial piece of labor legislation to be struck down, only one firm need win in arbitration in order to financially hamstring a government and set a precedent that would likely ice the reformist urge of future legislatures.

As noted earlier, the text also appears to suggest to ban the practice of promoting domestic goods over foreign—another hurdle to shareholder value. This would effectively prohibit a country from implementing an import-substitution economy without threat of being sued. Governments would be relieved of tools, like tariffs, historically used to protect fledgling native industries. This is exactly what IMF prescriptions often produce—agricultural reforms, for instance, that wipe out native crop production and substitute for it the production of, say, cheap Arabica coffee beans, for export to the global north. Meanwhile, that producer nation must then accept costly IMF lending regimes to pay to import food it might have grown itself.

Of course, it is rarely mentioned that protectionism is how the United States and Britain both built their industrial economies. Or that removing competitor market protections is how they’ve exploited developing economies ever since. The TPP would effectively lock in globalization. It’s a wedge that forces markets open to foreign trade—the textual equivalent of Commodore Perry sailing his gunships into Tokyo Harbor.

ISDS Tribunals

The bill’s backers point to language in which natural resources, human and animal life, and public welfare are all dutifully addressed in the document. The leaked chapter explicitly says that it is not intended to prevent laws relating to these core concerns from being implemented. So then, what’s the problem? The problem is that these tepid inclusions lack the teeth of sanctions or punitive fines. They are mere rhetorical asides designed to help corporate Democrats rationalize their support of the TPP. If lawmakers really cared about the public welfare, they’d move to strip the treaty of its various qualifiers that privilege trade over domestic law. By all means, implement your labor protection, but just ensure “… that such measures are not applied in an arbitrary or unjustifiable manner, or do not constitute a disguised restriction on international trade or investment.”

If lawmakers cared about national sovereignty, they wouldn’t outsource dispute settlement to unelected arbitration panels, more fittingly referred to as, “tribunals.” (Think of scrofulous democracy hunched in the dock, peppered with unanswerable legalese by a corporate lawyer, a surreal twist on the Nuremberg Trials.) Just have a glance at Section B of the investment chapter. Suits will be handled using the Investor-State Dispute Settlement (ISDS) model, itself predicated on the tribunal precedent. And in the event a government lost a suit or settled one, legal costs would be picked up by taxpayers, having been fleeced by an unelected committee whose laws it has no recourse to challenge.

Perhaps investor protections like ISDS were once intended to encourage cross-border investment by affording companies a modicum of reassurance that their investments would be safeguarded by international trade law. But the ISDS has been used for far more than that. The ISDS tribunals have a lovely track record of success (first implemented in a treaty between Germany and Pakistan in 1959). Here’s Public Citizen:

Under U.S. “free trade” agreements (FTAs) alone, foreign firms have already pocketed more than $440 million in taxpayer money via investor-state cases. This includes cases against natural resource policies, environmental protections, health and safety measures and more. ISDS tribunals have ordered more than $3.6 billion in compensation to investors under all U.S. FTAs and Bilateral Investment Treaties (BITs). More than $38 billion remains in pending ISDS claims under these pacts, nearly all of which relate to environmental, energy, financial regulation, public health, land use and transportation policies.

New Era, New Priorities

Now the ISDS is a chisel being used to destroy the regulatory function of governments. All of this is being negotiated by corporate trade representatives and their government lackeys, which appear to have no qualms about the deleterious effects the TPP will have on the general population. But then the corporations these suits represent have long since discarded any sense of patriotic duty to their native nation-states, and with it any obligation to regulate their activities to protect vulnerable citizenries. That loyalty has been replaced by a pitiless commitment to profits. In America, there may have been a time when “what was good for Ford was good for America,” as memorably put by Henry Ford. But not anymore. Now what’s good for shareholders is good for Ford. This was best articulated a couple of years ago by former Exxon CEO Lee Raymond, who bluntly reminded an interviewer, “I’m not a U.S. company, and I don’t make decisions based on what’s good for the U.S.” Those decisions usually include offshoring, liberalizing the labor market, practicing labor arbitrage, relocating production to “business friendly climates” with lax regulatory structures, the most vulpine forms of tax evasion, and so on—all practices that ultimately harm the American worker.

Apple says it feels no obligation to solve America’s problems nor, one would assume, any gratitude to the U.S. taxpayer for funding essential research that Apple brilliantly combined in the iPod and iPhone. Former Labor Secretary Robert Reich finally admits corporations don’t want Americans to make higher wages. The U.S. Chamber of Commerce encourages shipping American jobs abroad. World Bank chiefs point to the economic logic of sending toxic waste to developing nations. Wherever you look, there seems to be little if any concern for citizenry.

The Financial Times refers to ISDS as, “investor protection.” But what it really is, is a profitability guarantee, a legal bulwark against democracy expressed as regulation. Forgive me for thinking that navigating a fluid legislative environment was a standard investment risk. Evidently the champions of free trade can’t be bothered to practice it. Still the White House croons that it has our best interests at heart. If that were true, it would release the full text, launch public charettes to debate its finer points, or perhaps just stage a referendum asking the American people to forfeit their hard-won sovereignty. No such thing will ever happen, of course. As it turns out, democracy is the price of corporate plunder. After all, the greatest risk of all is that the mob might vote the wrong way. And, as the language of the TPP makes explicitly obvious, there are some risks that should be avoided at all costs.

Jason Hirthler can be reached at: jasonhirthler@gmail.com.

April 26, 2015 Posted by | Civil Liberties, Economics, Progressive Hypocrite | , , , , , , , , , , , , , , | 3 Comments