Category: Human Rights

  • Chavez Stamp a Labor of Love

    It has been a whirlwind week for Latino activist Jack Nava, one that will culminate today after a mile-long march in honor of the late labor leader Cesar Chavez.

    At a small park in downtown Oxnard, the Ventura resident plans to recount his part in an eight-year campaign to persuade the U.S. Postal Service to issue a commemorative stamp featuring the United Farm Workers union co-founder.

    He will tell of helping to collect more than 25,000 signatures for the cause, circulating a homemade petition at college campuses, civil rights marches and other community events.

    And he will talk about swelling with pride last week at the ceremony he attended in downtown Los Angeles at which the 37-cent stamp was released to the public.

    “A lot of hard work went into this,” said the 65-year-old retired barber, who stooped in the fields long before the UFW helped secure such conveniences as toilets and drinking water for farm workers.

    “I didn’t read about Cesar Chavez in a book; I lived it and I know what he went through,” Nava said. “I thought he was a great man and I wanted to do something to help everybody remember him.”

    Unveiled in September, the stamp depicts a smiling Chavez against a backdrop of vineyards, symbolic of the strikes and boycotts Chavez organized to gain better working conditions for farm workers.

    The postal service receives tens of thousands of requests each year for commemorative stamps, but only a fraction make the cut. More than 75 million Chavez stamps were printed following a nationwide campaign spearheaded by the Glendale-based Cesar E. Chavez Foundation.

    Foundation spokeswoman Annie Brown said it was supporters such as Nava who made the idea a reality.

    “It wasn’t one person in particular responsible for pushing this through, but I think Jack Nava’s efforts are representative of what we’ve seen across the country,” Brown said. “What we find particularly encouraging is that 10 years after Cesar’s passing, people are still moved by his legacy to want to carry on and do these things.”

    Nava said he was first moved to do his part at a parade in East Los Angeles shortly after Chavez’s death in 1993. He marched in the parade holding a homemade sign asking whether there was any interest in a Chavez stamp.

    The positive reaction spurred his signature-gathering campaign.

    “I was one of the first to sign,” said Denis O’Leary, an El Rio schoolteacher and spokesman for the Cesar Chavez Celebration Committee. “It has been his mission to get the stamp. I give Jack all of the credit in the world.”

    In albums and portfolios, Nava has documented the drive with letters, photos and resolutions supporting the effort. Among Nava’s most precious documents is a 1995 letter from the postal service — sent in response to a letter of his — informing him that a Chavez stamp was under consideration.

    Nava continued gathering signatures and support until word came last year that the postal service would be issuing the stamp.

    “Man, I really couldn’t believe it,” said Nava, who spoke Friday about the effort to community leaders in Oxnard.

    “After all that work, after all of those times of having doors slammed in my face, it finally paid off.”

  • Justice for the Pictsweet Mushroom Workers

    This article is available in the magazine Hope Dance, online athttp://www.hopedance.org

    While many people experience co-worker squabbles and subtle inter-office politicking at their jobs, every day the pro-UFW workers at Pictsweet confront open hostilities across clearly delineated battle lines where those in red ‘La Union Hace La Fuerza’ shirts stand side by side in stark juxtaposition to workers in white ‘NO UFW’ t-shirts worn by the contras, as they pick and pack mushrooms together in suspended tension.

    Being a union supporter at the Ventura, CA Pictsweet plant takes courage, commitment and character. The environment is structured to discourage the determination of the union supporters unwilling to cower under management pressure. Two workers in particular, Lilia Orozco and Fidel Andrade, exemplify the spirit and mission of Cesar Chavez and of nonviolent resistance. These two know the power of truth and continue to speak out and organize despite tremendous personal costs, physical injuries and sustained opposition to their organizing efforts.

    Lilia fell and hit her head at work, sustaining a serious bruise and impaired vision. The management sent her to a company-approved physician who said on several occasions that she was healthy, and once that she was “crazy” for making claims that of vision problems. Lilia finally threatened to visit her own doctor, Dr. Manuel Lopez, Mayor of Oxnard. The company doctor re-examined her and found that her optic nerve was nearly severed and required immediate surgery lest she loose complete sight. An expensive operation ensued, and Lilia still battles Pictsweet for repayment of hospital bills.

    In June 2001, Fidel Andrade, husband and father of six, was fired after a supervisor accused him of physical assault. After a verbal confrontation, Augustine Villanueva threw mushrooms at Fidel’s basket and brandished his finger in Fidel’s face as a form of intimidation. Because Fidel moved Villanueva’s hand aside, Human Resources Manager Olmos decided to terminate Fidel’s employment based on the company rule of “no fighting in the workplace.”

    On January 10, 2002, Agricultural Labor Board Judge Douglas Gallop officially ruled in Fidel’s favor stating that he suffered discrimination on the basis of being an outspoken proponent of UFW representation and that Pictsweet must repay Fidel all back wages and benefits. Days later, lawyers from Bryan Cave LLP, the law firm retained by Pictsweet, filed a 31-point exception to the ruling. On June 4, 2002, a subsequent ruling by the ALRB upheld the January decision, reiterating that Fidel was a model worker, and only after becoming prominent in the unionization of Pictsweet employees was he singled out and fired, in violation of section 1153 (a) and (c) of the Agricultural Labor Relations Act.

    In a major legal victory for those working for a union contract at Pictsweet, the company has been censured for firing and retaliating against union supporters. In a major moral victory for the workers, this decision upholds Fidel’s truthful testimony about discrimination at Pictsweet and gives credence to the concerns which are at the heart of why the workers are struggling, namely a means of arbitration for workplace disputes and less potential for capricious firings! Yet despite these two ALRB rulings in January and June, Fidel has not received the mandatory remuneration of back wages and benefits from Pictsweet.

    The company maintains that the workers want to break Pictsweet, and that their intent is to harm the company. The workers disagree. “We are proud of our jobs,” reports Fidel Andrade. “We love our wok and take pride in it. We want a good working relationship with the management and we want to see the company prosper.” But not at the expense of human dignity.

    The workers want a raise. In the past fourteen years, the mushroom pickers have received penny-by-penny wage increases – but also increase in workload to compensate for the raises.

    The workers want safer working conditions. The metal air conditioning piping leaks and drips on workers. When the winter rains flood the buildings with knee-high water, the workers report that some choose to remove their shoes and wade barefoot, enduring splinters and risking their lives as electrical outlets are exposed at ground level. In the two-story building where the mushroom beds are located, there is only one fire escape at ground level, and there is no over-head lighting. Workers must wear helmets with insufficient bulbs to pick mushrooms in the pitch darkness, causing severe eyestrain.

    In March 2001, a large compost fire burned out of control at the Pictsweet site for days as hesitating management declined to report the environmentally devastating blaze for fear of the repercussions and community backlash. While Ventura County Public Health Department issued warnings foe several cities- and for the very young, the elderly, those with heart conditions and asthma- the management at Pictsweet neglected health considerations for its workers. Mushroom pickers worked indoors with only flimsy masks to protect their lungs as giant fans sucked the thick toxic smoke into the rooms, nearly suffocating them. The workers were told that if they left work that they might not get paid. Fidel Andrade was among the workers suffering from asthma who was forced financially to continue working despite the risk of physical harm. He was only thinking of his family, his commitment to caring for them and being able to make ends meet.

    The workers want a decent medical plan. They currently pay exorbitant deductibles- $150 per family member, per year- plus monthly deductibles, and they have no vision or dental.

    Finally, the workers want respect at their job. They want a means of addressing conflicts through arbitration. They want to be heard and understood. They want to be treated as more than beasts of burden by the management that sees them as expendable. They also want justice for the environment. As a result of the nuisance of contaminating the air during the compost fire, Pictsweet was fined $70,0000.00 by the Ventura Air Pollution Control District. Pursuant to the fire, they also were mandated water pollution monitoring systems and submit reports to the Water Quality Control Board, beginning July 2001. As of mid-January 2001, Pictsweet stood in violation for incompliance with that order.

    Since September 2000, the UFW has endorsed a boycott of Pictsweet products, gaining support from businesses like Vons, Ralph’s, Olive Garden and Red Lobster. However Pizza Hut (owned by mega-corporation Tricon) refuses to join the boycott.

    Pictsweet is a company which believes that its workers, its community and the surrounding water, air and land are its disposal for egregious abuse and misuse. As consumers, we have the power to exercise tremendous influence through our purchasing power and demand corporate accountability. Because the workers’ struggle is nonviolent, anyone- students, family, young people, business owners- can contribute to a more just work environment.

    Many communities already support the workers by donating money, by investing time in speaking with businesses who purchase Pictsweet products, and by organizing canned food drives for families hard-hit by the financial impact of their struggle with Pictsweet.

    Cesar Chavez, quoting one of his mother’s dichos, said that “He who holds the cow sons sins as much as he who kills her.” While we may not directly approve of worker maltreatment, we must not happily benefit from their oppression by continuing to purchase Pictsweet products, including mushrooms from Pizza Hut.
    *Leah C. Wells is a peace educator and freelance journalist. The United Farm Workers office may be contacted at (805) 486-9674.

  • Stop the US Foul Play

    Perverse as it may seem, we should be grateful to the Bush administration for its recent clumsy efforts to undermine the International Criminal Court just as it came into existence on July 1. The administration’s maladroit use of the United Nations Security Council to alter the terms of the Treaty of Rome, the founding document of the Court, should be a wake-up call for all those committed to building an international system based on a rule of law and all who care about maintaining the United Nations as a credible organization.

    First, any illusion that the present U.S. administration might have a smidgeon of respect for international treaties or multilateral co-operation should be finally dispelled. The disdain of the Americans is palpable; they’ll resort to crude means to wreck any form of international architecture with which they disagree.

    The argument they made in demanding immunity from the ICC — that this was simply a way of protecting their peacekeepers — was a false one, and they know it. As Paul Heinbecker, Canada’s permanent representative to the UN, pointed out, the United States has all the safeguards it needs — particularly the fact that the ICC is a jurisdiction of last resort.

    This means that if any crime were committed by an American, be it by a soldier stationed in Bosnia or by the Secretary of Defence in Washington, then the U.S. justice system — civilian courts or military tribunals — would be entitled to prosecute the case. The ICC only comes into play when a nation state is unwilling or incapable of exercising legal action against an act of genocide or a crime against humanity, as defined in the treaty.

    Unfortunately, this refutation of the Americans’ oft-stated objection never got the attention it deserved; too often, the media bought the false notion that this was a jurisdictional dispute. The antagonism of Washington’s current rulers toward the ICC, and their reason for disavowing the Clinton administration’s signature on the Rome Treaty, is that they do not want to be restrained by any limitation on their actions, including compliance with international criminal law.

    What’s particularly shocking about this attitude is that it flies in the face of all President George W. Bush’s aims as set out in his campaign against terrorism. We hear constantly that this is a great battle between forces of good and evil, of justice versus injustice. Yet rather than embrace a genuine, broadly supported effort to construct a global system of legal co-operation in investigating, capturing, prosecuting and incarcerating international criminals including terrorists, the Bush administration set out to emasculate such an institution.

    That was bad enough. But the Americans compounded the damage inflicted on the international multilateral system by their tactic of holding hostage the renewal of a peacekeeping mission in the Balkans and subverting the role of the Security Council. The so-called compromise arrived at by backroom deals among the permanent five members of the council is frankly a cave-in to U.S. demands.

    And it sets two very dangerous precedents. First is the use of blackmail on peacekeeping to achieve the purely self-interested objective of one of the council’s permanent members. Second, the compromise acquiesces to the Security Council’s questionable right to amend by interpretation a treaty arrived at in open discussion by representatives of more than 100 nation states in a founding convention. The compromise, giving a 12-month hoist to any application of treaty provisions, abrogates the original intent of the drafters. It does not protect the integrity of the Rome Statute, as claimed.

    Fortunately, that position is not going unchallenged. Our ambassador at the UN, supported by the Minister of Foreign Affairs and the Prime Minister, has led the fight to preserve the validity of the court. Mr. Heinbecker was able to obtain an open debate at the council and used that to expose U.S. myths and mobilize opposition to the original and more blatant initiative to achieve blanket immunity. It was Canadian diplomacy at its best.

    And it must be continued by our seeking to invoke the engagement of the UN General Assembly on this vital matter. The permanent five members have sought by a sneaky procedural device in the wording of the compromise resolution to keep the assembly out of the picture. But this position is not impregnable; it’s imperative that the assembly be seized of both the inherent threat to future peacekeeping missions and the erosion of the ICC that the council decision entails.

    In fact, there’s now an opportunity to institute even further reform. The time has come to begin working toward the democratization of the Security Council by insisting that all members be elected. The UN cannot be credible when its decisions are so dominated by a small, unaccountable elite of states that do not represent the full interests of the world — especially when the Security Council’s permanent members use their privileged position to eviscerate the Charter of the United Nations.

    While that monumental task is under way the role of the General Assembly needs to be asserted and enhanced.

    A good place to start is by building a capacity for peacekeeping that doesn’t rely on the Americans. One irony of their indignant stand against the ICC having jurisdiction over peacekeepers is that, of the 45,000 peacekeepers serving in UN missions, only 745 are supplied by the United States. Where the Americans do have an edge is in transport, logistics and intelligence-gathering. Canada should co-operate with the Europeans to develop those capacities, so that the next time the Americans want to play hardball, the rest of the world can tell them to take their ball and go home.

    The International Criminal Court needs careful stewardship, attention, resources and support during this critical start-up period. We know it faces an implacable foe in the present U.S. administration. This is all the more reason to redouble efforts to assure its effective launch and to continue campaigning to bring more members on board.

    Establishing the first new international institution of this new century dedicated to protecting people against violation of their basic rights is a remarkable achievement in the progress of humankind. Canada has played an important role from the time of the ICC’s inception. We were there last week to defend it against unwarranted attack. We now have the continuing task of helping to give it a firm foundation. Thank goodness for the wake-up call.
    *Lloyd Axworthy, Canada’s foreign affairs minister from 1996 to 2000, is director and CEO of the Liu Centre for the Study of Global Issues at the University of British Columbia.

    THE GLOBE AND MAIL
    Wednesday, July 17, 2002 – Print Edition, Page A13

  • Courage and Wisdom are Needed, Exceprt from the Christmas Message

    Fanatical hatred and the destructive power of evil struck the Western world this year with a shock that erodes our feelings of security and critically diminishes our sense of well-being. Human life is exceedingly vulnerable and modern society is very fragile, just exactly where it has created, with all of its luxury and cherished safety, a sense of impregnability.

    The lack of respect for life and death and the intolerance that feeds terrorism confront us with a world view that confounds us. God’s peace is ever foremost in all of the world’s religions. Respect for the sanctity of life is the cornerstone of every religion’s morality. Justice is everywhere recognized as the basis of human society. Solidarity is the universally accepted basis of coexistence.

    Despite this, history teaches us that no religion has been free of profanation and false preaching. Where ideologies and religious misinterpretations incite bigotry, promulgate hatred and stimulate aggression, tolerance ends. When the common good is desecrated and human rights are defiled, one must lay down clear limits. No concessions may be made with respect to the principles and norms of a state based on the rule of law.

    The principles of our democracy include, at a minimum, the recognition of diversity of convictions and respect for the beliefs of all. This means tolerance of the opinions and cultures of others. The maintenance of good relations requires that differences be recognized for what they are, and in the mutual search for balanced attitudes, the background of these differences be examined. No one may be absent from this dialogue.

    The problems of this world are so gigantic that some are paralysed by their own uncertainty. Courage and wisdom are needed to reach out above this sense of helplessness. Desire for vengeance against deeds of hatred offers no solution. An eye for an eye makes the world blind. If we wish to choose the other path, we will have to search for ways to break the spiral of animosity.

    To fight evil one must also recognize one’s own responsibility. The values for which we stand must be expressed in the way we think of, and how we deal with, our fellow humans.

    From the Christmas Message 2001 of HM Queen Beatrix of the Netherlands

  • Statement on the Bombing of Afghanistan

    (The following statement was made at a Press Conference of Prominent Canadians Calling for a Halt to the Bombing of Afghanistan in Toronto)

    The relentless bombing of Afghanistan, now in its 18th day, goes beyond the intent of United Nations Security Council Resolution 1368. When the Security Council gave its assent “to take all necessary steps” to respond to the September 11 attacks, it did not approve a bombing campaign that would kill innocent civilians in their Afghan villages, drive 70 percent of the people in Herat (population 800,000) out of their homes, kill 10 civilians yesterday on a bus at the city gates of Kandahar, and destroy a Red Cross warehouse among other unfortunate acts of what is drily called “collateral damage.”

    It may seem comforting to say that civilians are not targeted, but it is not “collateral damage” when thousands of refugees fleeing the bombs are jammed along the Afghanistan-Pakistan border in unspeakable conditions. UNICEF warns that the crisis “is threatening the lives of millions of women and children” and that “1.5 million children may not make it through the winter.” Christian Aid, which reported that 600 people have already died in the Dar-e-Suf region of northern Afghanistan due to starvation and related diseases, says needy people are being put at risk by government spin-doctors who are showing a callous disregard for life.

    The bombing of Afghanistan, one of the most desperate and vulnerable regions of the world, is producing an international catastrophe. The bombing is immoral, unproductive and only by the most dubious logic can it be said to possess even a shred of legality.

    As Article 51 of the U.N. Charter makes clear, it is the Security Council that has the authority and responsibility to maintain or restore international peace and security. Let me emphasize: the bombing coalition, in exceeding the exercise of the right of self-defence, which gave a legal cover to the bombing, has sidelined the legitimate authority of the Security Council to manage this crisis.

    It is said that the invocation for the first time of Article 5 of the NATO Charter provides the legal grounds for Canada to give its support to the military campaign. The Article provides the solidarity that an attack on one member will be considered an attack on all and thus NATO will take the responsive actions it deems necessary. But where has it been proven that the government of Afghanistan, despotic as it is, engineered or carried out the attacks on the World Trade Center and the Pentagon? It has yet to be confirmed that any of the 19 suspected hijackers comes from Afghanistan. Is the belief that Osama bin Laden, the terrorist leader, is in Afghanistan justification for imposing catastrophe on the whole populace?

    Continued bombing is not what the United Nations intended. The bombing must stop now – and Canada, to be faithful to its own values, must press the United States and its coalition partners to call a halt so that humanitarian aid can reach the desperate people of Afghanistan.

  • Call for Children to Help Children

    Dear Parents and Teachers:

    President Bush has asked each child in America to send one dollar to the White House to help Afghan children. However, the President is already spending billions of dollars to bomb Afghanistan. These bombs have hit villages, hospitals and a Red Cross relief storage building. They have already killed many Afghans, including children.

    Our government has provided some emergency food relief, but it is far from adequate. According to aid workers in Afghanistan, some 7.5 million Afghans may be threatened with starvation this winter unless the bombing is halted to allow food to reach the Afghan people.

    Recognizing that sending a dollar to President Bush’s effort will do very little to prevent mass starvation in Afghanistan this winter, we suggest that children send one dollar or more to the United Nations agency in charge of relief efforts for Afghan children at this address: UNICEF, 333 East 38th Street, New York, NY 10016.

    We also suggest that children write to President Bush to ask him to stop the bombing so that relief workers can get food through to the Afghan people to prevent millions of them, including children, from starving this winter.

    The President’s address is: 1600 Pennsylvania Avenue, Washington, DC 20509-1600. You can also email him at president@whitehouse.gov. Copies of emails can be sent to the Nuclear Age Peace Foundation at wagingpeace@napf.org.

    It is time for the children of the world to unite in calling for an end to all violence and for a global effort to provide food, shelter, clothing, health care and education for every person on the planet.

    We encourage you to share these ideas with your children, and to pass on this message.

  • This War is Illegal

    A well-kept secret about the U.S.-U.K. attack on Afghanistan is that it is clearly illegal. It violates international law and the express words of the United Nations Charter.

    Despite repeated reference to the right of self-defence under Article 51, the Charter simply does not apply here. Article 51 gives a state the right to repel an attack that is ongoing or imminent as a temporary measure until the UN Security Council can take steps necessary for international peace and security.

    The Security Council has already passed two resolutions condemning the Sept. 11 attacks and announcing a host of measures aimed at combating terrorism. These include measures for the legal suppression of terrorism and its financing, and for co-operation between states in security, intelligence, criminal investigations and proceedings relating to terrorism. The Security Council has set up a committee to monitor progress on the measures in the resolution and has given all states 90 days to report back to it.

    Neither resolution can remotely be said to authorize the use of military force. True, both, in their preambles, abstractly “affirm” the inherent right of self-defence, but they do so “in accordance with the Charter.” They do not say military action against Afghanistan would be within the right of self-defence. Nor could they. That’s because the right of unilateral self-defence does not include the right to retaliate once an attack has stopped.

    The right of self-defence in international law is like the right of self-defence in our own law: It allows you to defend yourself when the law is not around, but it does not allow you to take the law into your own hands.

    Since the United States and Britain have undertaken this attack without the explicit authorization of the Security Council, those who die from it will be victims of a crime against humanity, just like the victims of the Sept. 11 attacks.

    Even the Security Council is only permitted to authorize the use of force where “necessary to maintain and restore international peace and security.” Now it must be clear to everyone that the military attack on Afghanistan has nothing to do with preventing terrorism. This attack will be far more likely to provoke terrorism. Even the Bush administration concedes that the real war against terrorism is long term, a combination of improved security, intelligence and a rethinking of U.S. foreign alliances.

    Critics of the Bush approach have argued that any effective fight against terrorism would have to involve a re-evaluation of the way Washington conducts its affairs in the world. For example, the way it has promoted violence for short-term gain, as in Afghanistan when it supported the Taliban a decade ago, in Iraq when it supported Saddam Hussein against Iran, and Iran before that when it supported the Shah.

    The attack on Afghanistan is about vengeance and about showing how tough the Americans are. It is being done on the backs of people who have far less control over their government than even the poor souls who died on Sept. 11. It will inevitably result in many deaths of civilians, both from the bombing and from the disruption of aid in a country where millions are already at risk. The 37,000 rations dropped on Sunday were pure PR, and so are the claims of “surgical” strikes and the denials of civilian casualties. We’ve seen them before, in Kosovo for example, followed by lame excuses for the “accidents” that killed innocents.

    For all that has been said about how things have changed since Sept. 11, one thing that has not changed is U.S. disregard for international law. Its decade-long bombing campaign against Iraq and its 1999 bombing of Yugoslavia were both illegal. The U.S. does not even recognize the jurisdiction of the World Court. It withdrew from it in 1986 when the court condemned Washington for attacking Nicaragua, mining its harbours and funding the contras. In that case, the court rejected U.S. claims that it was acting under Article 51 in defence of Nicaragua’s neighbours.

    For its part, Canada cannot duck complicity in this lawlessness by relying on the “solidarity” clause of the NATO treaty, because that clause is made expressly subordinate to the UN Charter.

    But, you might ask, does legality matter in a case like this? You bet it does. Without the law, there is no limit to international violence but the power, ruthlessness and cunning of the perpetrators. Without the international legality of the UN system, the people of the world are sidelined in matters of our most vital interests.

    We are all at risk from what happens next. We must insist that Washington make the case for the necessity, rationality and proportionality of this attack in the light of day before the real international community.

    The bombing of Afghanistan is the legal and moral equivalent of what was done to the Americans on Sept. 11. We may come to remember that day, not for its human tragedy, but for the beginning of a headlong plunge into a violent, lawless world.

    *Michael Mandel, professor of law at Osgoode Hall Law School in Toronto, specializes in international criminal law.

  • Who Are the Terrorists

    The horrendous events of September 11, 2001 in the U.S. have set into motion unprecedented changes in the world. Terrorism is a scourge of our times and must be eliminated. But elimination of the terrorists themselves will be insufficient if we do not eliminate the causes of their violent actions. We believe these causes lie in the gross inequities that exist in our world, accelerated by the process of globalized capital and the U.S. policy of corporate welfare supported by its adherents in the industrialized world. Still another cause is the failure to create a Palestinian state in the troubled land of Israel and a mode of living side by side in peace. And a further cause is the antiquated kingdoms of the Middle East, coupled to U.S. dependency on their oil reserves in an atmosphere where oil and politics do not mix. Finally, there is the dedicated programs and policies of the U.S. for the ideological cleansing of the world, supported by their operationalized nuclear threat.

    To all of the above, the U.S. response was predictable: “Dead or Alive” – this is the kind of juvenile rhetoric one might expect from a Texas vigilante. “You are either with us or against us” – nothing is that simple except to a simpleton. This is, yet again, a juvenile statement by the robotic president of the United States, who confuses ends and means. One can agree with the ends of stopping the terrorists, whose acts are totally unacceptable. But we disagree with the means the global bully has chosen. Once again he has attempted coalition building outside the rightful role of the United Nations while side-stepping international law. There is a relevant article of the Charter of the United Nations which applies, i.e. Article 51.

    Article 51 Nothing in the present Charter shall impair the inherent right of individual or collective self-defence if an armed attack occurs against a Member of the United Nations, until the Security Council has taken measures necessary to maintain international peace and security. Measures taken by Members in the exercise of this right of self-defence shall be immediately reported to the Security Council and shall not in any way affect the authority and responsibility of the Security Council under the present Charter to take at any time such action as it deems necessary in order to maintain or restore international peace and security. Reading Article 51 carefully one can only conclude that the U.S. action is in contravention of the U.N. Charter as well as international law, for example the 1971 Montreal Sabotage Convention, of which it is a signatory, together with one hundred and seventy-three other states and which requires mediation through the International Court of Justice. But as the ultimate world bully, the U.S. dictates the terms of conflict resolution in a unilateral uncompromising way that suits its consistent interventionist position. In fact it deliberately bypasses the international security regime, including the United Nations, preferring NATO, a military organization it controls. The right to self-defence in Article 51 is similar to that of individual rights. It does not permit the individual to bypass the law, once they have defended themselves.

    It has been reliably reported, including in U.S. Congressional committee reports, that the U.S. has consistently supported terrorist groups all over the world. Throughout Central and South America it has helped to overthrow democratically-elected regimes in support of military juntas and dictators. It gave aid to terrorist groups in the Honduras army who murdered hundreds, including American nuns. It used the CIA to assassinate the democratically-elected Allende in Chile and his Chief of Staff, General Schneider. In fact the General’s son has lodged a case against Henry Kissinger who, together with Richard Nixon, ordered these murders. It poisoned the people of North Viet Nam with Agent Orange. Through its sanctions, some million Iraqis, many of them children, have died in the U.S.’s terror of hunger. In fact it has directly supported Asama bin Ladin in the war against the Soviet Union in Afghanistan, as well as by the terrorist Kosovo Liberation Army (KLA) in Kosovo and Macedonia. It has supported the extreme right in Greece, the Philippines, Chile, Iran, Panama, Indonesia, Angola, El Salvador, Nicaragua, Bolivia, Grenada, Cambodia, etc. In all of these actions not thousands but millions of civilians were killed. In its earlier history it carried out a genocidal war against its Native peoples, destroying their culture and seizing their lands. Then, on August 6th and 9th, 1945, it incinerated 200,000 civilians in Hiroshima and Nagasaki, followed by decades of radiation damage. And this was no more than a military experiment since Japan was prepared to surrender under acceptable conditions. Together with NATO, it committed war crimes in Serbia and Kosovo. It has refused to support a UN International Criminal Court, preferring to control the War Crimes Tribunal, its own creation. And the U.S. condoned the killing of a large proportion of the people of East Timor by the Indonesian military. Adding to this were the murders in Chile by Pinochet, involving thousands. The total of all these victims adds up to millions and the U.S. is largely culpable for their deaths.

    But there is still another kind of terrorism of which the U.S. is guilty. This is internal or structural terrorism derived from poverty, disease, murder, hunger and deprivation of all kinds. The U.S. has the highest rate of permanent poor among all the highly industrialized Western countries. Examining the arithmetic of structural terrorism, some 40 million Americans have no health coverage whatsoever, one in five children are born in and live in poverty. It has the highest infant mortality rate among nineteen industrialized countries. The U.S. is twenty-ninth in the world in population per physician (Cuba is eleventh in this category). The U.S. has the lowest life expectancy among the nineteen most industrialized nations. Twenty-one per cent of all Black Americans go to sleep hungry in “the land of the free and the home of the brave”. All of this adds up to lives of hopelessness, hunger and disease for many millions of Americans. The U.S. also has the highest murder rate among the highly industrialized countries, and the only one that has the legal right to bear arms and the only one with capital punishment. The inverse ratio between the latter two is hardly ever acknowledged. The hypocrisy of the U.S. about these matters knows no bounds, with a co-opted media indulging in a shameful cover-up.

    But the greatest terrorist threat in the history of humankind is embodied in the U.S.’s nuclear warfighting policies, plans and programs. We have established beyond any possible dispute that not only does the U.S. (and NATO) have a “first use” policy, but in fact the U.S. has operationalized plans to fight a nuclear war against Russia, considered to still be the major obstacle to the completion of the U.S.¹s global hegemony. In the Reagan administration, when this policy first evolved, a nuclear war with the Soviet Union was first operationalized despite the realization that it would lead to the death of twenty million Americans and one hundred million Russians. More recently, following the demise of the Soviet Union, the U.S. has operationalized plans to launch a devastating pre-emptive strike against Russia. The counterforce strike is directed against all Russian nuclear launchers – on land, on and under the sea and in the air. It is guided by an elaborate list of strategic targets embodied in a single integrated operational plan (SIOP). This includes Russia¹s command, control, communications and intelligence centres (C½I). Such a counterforce strike would kill fifteen million Russian civilians, an act of terrorism that dwarfs what happened to the U.S. on September 11, 2001 (see W.M. Arkin, “SIOP – forever immoral”; The Bulletin of the Atomic Scientists, Sept.-Oct., 2000, p.72). When we add the above fifteen million deaths to our calculations of murders, killings and assassinations, plus the internal structural terrorism described in the previous paragraphs, we can only conclude that the U.S. is the greatest terrorist nation in the world.

    But, not satisfied that some Russian missiles might escape destruction, the U.S. is committed to a national missile defense (NMD) system, despite the violation of the 1972 Anti-Ballistic Missile (ABM) treaty and the 1967 Outer Space treaty. Their intention is to rule the world from space, universalizing free enterprise and investment and completing the ideological cleansing of the world, converting it to universal capitalism. The U.S. would be the CEO of this global enterprise. Yet such an NMD system would be totally ineffective against the kind of attacks that took place on Sept. 11, 2001 or against chemical and biological warfare. George W. Bush and Company have asserted that their NMD system is designed against so-called “rogue states”. This is a transparent scam that has been discredited by authoritative figures.

    The coalition that Bush pressed into in his declared war against terrorism is not as solid as he had hoped. For one thing, Saudi Arabia balked at permitting the U.S. to launch its attack against the Taliban from its territory. “In this case, you are with us”, did not mean you are against us. This is how oil talks. His staunchest supporter is Tony Blair, who must have had a sex change and is really Margaret Thatcher. For Tony Blair to praise the courage and bravery of the early attacks on the Taliban is misguided, when most of the launches came from cruise missiles 1,000 miles away. The question of whether the U.S. is prepared to use nuclear weapons against the Taliban deserves a resounding affirmative. It is an essential part of their strategic posture. Russia and China have their own reasons for supporting the U.S., which will quickly collapse if Iraq is attacked, a plan now in place.

    Richard Perle, the superhawk and former adviser to Ronald Reagan, now to George Bush, was asked if the U.S. might use nuclear weapons in its “war on terrorism” (CNN, 7 Oct., 2001). His answer was both interesting and predictable. He said the U.S. should use whatever weapons are appropriate to win this war. This is a predictable response but has subtle undertones which are a clear affirmative.

    One positive fallout of the terrorist attacks on America is that the U.S. budget is in a state of chaos. Bush’s huge tax reductions, mainly for corporate welfare, are now revealed as a risk not worth taking. Also, given the budget crisis, it is unlikely that NMD will proceed as planned, i.e. by the U.S. dropping out of the ABM treaty before the end of the year. However, for the victims of September 11th there can be no benefits, only the terrible disbenefit of their grieving families.

    The predictable is occurring yet again. As reported in the London Observer of October 21, 2001, U.N. officials in Afghanistan have reported that a disaster is looming with 7.5 million Afghans threatened by starvation directly attributable to the bombing. The bombing seriously threatens delivery of the humanitarian supplies into Afghanistan. The British charity, Christian Aid, has reported that six hundred people have already died in the Dar-e-Suf region from starvation and related diseases. All of this is exacerbated by the three-year drought that has hit Afghanistan. None of this is reported in the U.S. media, which, as always, is managing consent with American terrorism. Finally, how can the U.S. lead a campaign based on common security when it is the leading obstacle to the radical reduction of nuclear weapons, let alone their elimination.

  • Neglecting Moral Approach to US and World Security

    From Mr David Krieger,

    Sir, Tony Blair, the UK prime minister, in his speech to the Labour party conference of October 2, invoked “the moral power of a world acting as a community” to combat terrorism. But to take a truly moral approach to US and global security, the US must heed seven urgent moral imperatives that we are still neglecting:

    First, to take far stronger measures to prevent future attacks rather than simply to avenge the acts of September 11, beginning with redressing US intelligence’s massive failure to detect the threat, despite ample warnings.

    Second, to assign top priority to preventing terrorist attacks with weapons of mass destruction, focusing resources on plausible threats of chemical, biological, radiological or nuclear weapons attacks, before funding costly missile defences against the implausible ones.

    Third, to deploy military protection now for all nuclear power plants and rapidly phase them out. Nuclear reactors are dormant radiological weapons in proximity to highly populated areas. Until shutdown, protect plants and spent fuel with troops and anti-aircraft weapons.

    Fourth, to bring the world’s nuclear weapons and fissile materials under control and move quickly towards eliminating these weapons. In the short term, reduce nuclear arsenals now to reliably controllable numbers to keep them out of terrorist hands.

    Fifth, to commit to multilateral action to bring terrorists to justice, expressly under UN auspices and existing international treaties on terrorism and sabotage. Try perpetrators for transnational crimes against humanity before an international tribunal established for this purpose.

    Sixth, to use US pre-eminence to uphold security and justice, not just for ourselves and industrialised allies but for the world, recognising that true security is co-operative and that life in the US is ultimately only as secure and decent as life on the planet.

    Last, to have the moral courage to reconsider US policy in light of the question: Why are Islamic extremists willing to die to murder us? Is it, as President George W. Bush said, hatred of freedom and democracy, or our Middle East policy?

    Until the 1960s, the Islamic world generally admired the US as a non-colonialist beacon of freedom and democracy. Subsequent US policies changed that. While terrorists cannot dictate US actions, neither can we fail to amend policies detrimental to our security simply for fear of appearing soft on terrorism.

    *David Krieger is President of the Nuclear Age Peace Foundation.

  • Are We at War?

    Robin Theurkauf’s husband died in the attack on the World Trade Center. Even as she grieves, she has issued this call to look beyond military options.

    My husband, Tom Theurkauf lost his life in the World Trade Center disaster. We all direct our grief in different ways, this is mine.

    I offer these thoughts both as a new widow and mother of three fatherless boys as well as a scholar of international law and politics.

    We used to know what war was. It was the opposite of peace. Wars took place between states each with armies in uniforms and a hierarchical command structure. States went to war over territory or more recently over ideology. It is a legal status. One must declare it. At war’s conclusion, we come to a peace agreement and return to a non-war condition.

    This seems different. The enemy stays in the shadows even as they live among us, organised in loosely connected cells. No state has declared war against us, at least in the familiar way. The action was designed to spread fear and hate and so we are not entirely sure what would be required to end this conflict.

    As we assemble a military platform in the Persian Gulf it is worth considering the fact that while political scientists know very few things with any confidence, there is substantial consensus on at least one relevant point. While this attack was intended to provoke, responding in kind will only escalate the violence. Further, if we succumb to the understandable impulse to injure as we have been injured and in the process create even newer widows and fatherless children, perhaps we will deserve what we get.

    Some have made the analogy to the attack on Pearl Harbour and in at least one way it is appropriate. In the aftermath of Pearl Harbour, thousands of young men volunteered to join the military. I can only imagine the success of radical Islam’s recruiters after our bombs fall on their heads.

    If not ‘war’, what words should we use? I think a better name is ‘international crime’. Restating the problems refocuses the solution.

    In the short term, the first priority should be to hunt down and arrest the criminals with the goal of achieving justice, not revenge. This is a task left not to the military but to investigative police forces, who can prepare for a trial.

    Ordinary Americans also can take steps to fight back against this evil. We can combat fear and hate in part by reaching out to Muslims in our communities and by patronising Arab businesses. This show of solidarity will in part thwart these criminals’ purpose of creating division in American communities.

    In the long term, eradicating terrorism will require the elimination not of a group of people but rather of a set of ideas. Paradoxically, eliminating the people will reinforce and further legitimise the ideas. Terrorist impulses ferment in cultures of poverty, oppression and ignorance. The elimination of those conditions and the active promotion of a universal respect for human rights must become a national security priority.

    Finally, the United States as a matter of policy must recognise and accept our vulnerability. In today’s hyper-militarised environment, no state can ensure security within its borders without the cooperation of others.

    The Bush administration’s unilateralism has been revealed to be hollow. Rather than infringe on our sovereignty, international institutions enhance our ability to perform the functions of national government, including the ability to fight international crime.

    Bombing Afghanistan today will not prevent tomorrow’s tragedy. We must look beyond military options for long term solutions.

    * Robin Therkauf is a lecturer in the political science department at Yale University. Professor Robin Therkauf lost her husband Tom in the attacks on the World Trade Centre on 11 September. She has spoken out against war and for justice, not vengeance.

    ****************************

    Interview on the Today programme, BBC Radio 4, Tuesday, 2 October 2001 Professor Robin Therkauf

    ‘What we need less of is war rhetoric and war against Afghanistan in particular, and to explore the possibility of a judicial solution…

    ‘The last thing I wanted was for more widows and fatherless children to be created in my name. It would only produce a backlash.

    ‘As the victim of violence, I’d never want this to happen to another woman again.’