Tribunal finds Monsanto an abuser of human rights and environment

The corporation most determined to acquire control of the world’s food supply, a behemoth determined to bend the world’s farmers to its will, douse the world with pesticides and place genetically modified organisms on everyone’s dinner plate, Monsanto Company has long operated beyond effective control.

Although in no position to alter that status by itself, the International Monsanto Tribunal believes it could set an example of how international law could be used to counter the immense power of the company. The idea behind the tribunal, convened seven months ago, is that an international panel of legal professionals and practicing judges would provide victims and their legal counsel with arguments and legal grounds for further lawsuits in courts of law.

The tribunal, consisting of five international judges, has found Monsanto guilty. The tribunal is not a court of law and it has no power to enforce any judgment. The decision is a moral one, albeit grounded, the tribunal says, in international human rights and humanitarian law. The main conclusion drawn by the tribunal, which handed down its ruling on April 18, is this:

“The judges conclude that Monsanto has engaged in practices which have negatively impacted the right to a healthy environment, the right to food and the right to health. On top of that Monsanto’s conduct is negatively affecting the right to freedom indispensable for scientific research. … International law should be improved for better protection of the environment and include the crime of ecocide. The Tribunal concludes that if such a crime of ecocide were recognized in international criminal law, the activities of Monsanto could possibly constitute a crime of ecocide.”

Those are certainly damning words. But they are based on interpretations of customary international law, specifically the International Covenant on Civil and Political Rights of December 1966; the International Covenant on Economic, Social and Cultural Rights of December 1966; the Convention on the Rights of the Child of November 1989; and the Convention on the Elimination of All Forms of Discrimination Against Women of December 1979. Each of these treaties has been signed by more than 160 countries.

Monsanto was given the opportunity to participate in the tribunal, which took place in The Hague, but declined to do so. (In response to the tribunal’s decision, a Monsanto spokeswoman said the company “stand[s] committed to real dialogue with those who are genuinely interested in sustainable agriculture; human rights to food, health and a safe environment; who we are and what we do. The original event was staged by a select group of anti-agriculture technology and anti-Monsanto critics who played organizers, judge and jury. It denied existing scientific evidence and judicial outcomes on several topics; and was organized with a pre-determined outcomes. The opinion — characterized by the Tribunal panel itself as advisory only — was the anticipated next communication from this group.”)

Criticized around the world

Monsanto has come under sustained criticism from not only the organizers of the tribunal, but from a wide range of people around the world. Research questioning the safety of glyphosate has been published in dozens of articles in peer-reviewed journals. Numerous groups and researchers, who have no involvement with the tribunal, have issued reports and written books condemning Monsanto products and practices. Moreover, people will be participating in the annual March on Monsanto on May 20 in hundreds of cities in dozens of countries around the world.

Glyphosate is the active ingredient in Monsanto’s massively profitable Roundup herbicide; the company in turns sells agricultural products genetically engineered to be resistant to Roundup. Monsanto is a heavy promoter of food containing genetically modified organisms. Standard contracts with seed companies forbid farmers from saving seeds, requiring them to buy new genetically engineered seeds from the company every year and the herbicide to which the seed has been engineered to be resistant.

March Against Monsanto Vancouver, 2013 (photo by Rosalee Yagihara, Vancouver)

GMOs are inadequately studied and laws requiring GMO labeling of foods are fiercely opposed by Monsanto and other multi-national agribusinesses. GMO labeling is required by 64 countries, including Australia, Japan, New Zealand and all 28 EU countries. And Monsanto has relentlessly pursued a strategy of patenting seeds (as do other agribusinesses) as part of its effort to control farmers and every aspect of agriculture.

The International Monsanto Tribunal was specifically tasked with answering six questions regarding Monsanto’s behavior. Issuing its findings in a 60-page document, the answer was firmly negative on four questions, provisionally negative on a fifth while no decision was rendered on the remaining question due to a lack of relevant evidence. More than 30 witnesses and legal experts testified in the tribunal’s hearings, representing 17 countries on six continents.

Answering questions about Monsanto’s practices

Question 1: Did the firm Monsanto act in conformity with the right to a safe, clean, healthy and sustainable environment, as recognized in international human rights law?

The tribunal’s answer: “Monsanto has engaged in practices that have serious and negative environmental impacts. These impacts have affected countless individuals and communities in many countries, as well as the health of the environment itself, with its consequent impacts on plants and animals and biodiversity.” The tribunal cited the aggressive marketing of Roundup, which affects human health, soil health, aquatic ecosystems, micro-organism diversity and the rights of Indigenous peoples.

Question 2: Did Monsanto act in conformity with the right to food, as recognized in international treaties?

The tribunal answered, “Monsanto’s activities have negatively affected food availability for individuals and communities. Monsanto has interfered with the ability of individuals and communities to feed themselves directly from productive land. Monsanto’s activities have caused and are causing damages to the soil, water and generally to the environment, thereby reducing the productive possibilities for the production of adequate food.” The tribunal said communal agriculture and forests are “being devastated by the spread of genetically engineered seeds that use large amounts of herbicides like glyphosate” while restricting food choice, imposing GMO seeds, causing genetic contamination and threatening food sovereignty.

Question 3: Did Monsanto act in conformity with the right to the highest attainable standard of health, as recognized in international treaties?

The tribunal’s answer: “According to the testimonies, Monsanto’s activities have not only negatively affected the physical health of individuals and communities. Monsanto’s conduct has also interfered with the mental health of countless individuals and communities around the world. Moreover, Monsanto’s activities have had a negative impact on the realization of the underlying factors of the right to health, including access to adequate and safe food and water, as well as the enjoyment of a healthy environment.” The tribunal cited the company’s manufacturing of PCBs and other toxic products, the widespread use of glyphosate (the key ingredient in its Roundup herbicide) and the promotion of GMOs despite the lack of scientific consensus as to their safety.

Question 4: Did Monsanto act in conformity with the freedom indispensable for scientific research, as recognized in international treaties?

The tribunal answered, “Monsanto’s conduct has negatively affected the freedom indispensable for scientific research. … The abuse of the freedom indispensable for scientific research is aggravated by the health and environmental risks posed by Monsanto’s conduct.” In support of that conclusion, the tribunal referred to widespread allegations that Monsanto discredits scientific research that raises questions about its products, allegations that the company pressures and sometimes bribes public officials to approve its products, and allegations that Monsanto uses intimidation tactics against critics.

Question 5: Could Monsanto be held complicit in the commission of a war crime, as defined in Article 8(2) of the Statute of the International Criminal Court, by providing materials to the United States Army in the context of operation “Ranch Hand” launched in Vietnam in 1962?

The tribunal believes the use of Agent Orange by the U.S. armed forces in the Vietnam War “could have fallen under the notion of war crimes” and that the U.S. government “knew or should have known that the use of Agent Orange would cause widespread damage to human health and the environment.” The tribunal, however, said it could not make any definitive finding on Monsanto’s complicity because “no relevant evidence” was provided to it, although it suggests further investigation into the company’s knowledge would be warranted.

Question 6: Could the past and present activities of Monsanto constitute a crime of ecocide, understood as causing serious damage or destroying the environment, so as to significantly and durably alter the global commons or ecosystem services upon which certain human groups rely?

“Ecocide” is not recognized in international criminal law, but the tribunal concluded that if it were, “the activities of Monsanto could possibly constitute a crime of ecocide as causing substantive and lasting damages to biodiversity and ecosystems, affecting the life and the health of human populations.” To support this charge, the tribunal cited the use of its pesticides in “Plan Colombia” (a program that imposes the U.S. military in Colombia as part of the U.S. “war on drugs”); the large-scale use of agrochemicals in industrial agriculture; the engineering, production, introduction and release of genetically engineered crops; and “severe contamination” of plant diversity, soils and water.

Human rights versus corporate rights

Monsanto does not act in a vacuum, nor is it a unique repository of aberrational behavior. The company operates in the global capitalist system. In this system, human rights are subordinated to corporate “rights” to maximize profits regardless of cost.

The current global corporate trade regime bestows increasing rights to multi-national enterprises without any corresponding rights to people or the environment. The ability of governments to establish or maintain laws and regulations safeguarding labor, environmental or health are increasingly restrained as corporations have the right to submit their claims to investor-state dispute settlement (ISDS) arbitration panels with no democratic oversight or appeal. Examining this larger perspective, the tribunal wrote:

“Fundamentally, it is essential in the Tribunal’s view that human and environmental rights be accorded primacy in any conflict with trade or investments rights. Indeed this primacy has been recognized by the international community in the Vienna Conference on Human Rights of 1993, which affirmed that “[h]uman rights and fundamental freedoms are the birthright of all human beings; their protection promotion is the first responsibility of government.”

That concept of human rights, however, is in conflict with the mandates of capitalism — including the relentless competitive pressures that make “grow or die” an imperative. The domination of markets by a small number of behemoths is the inevitable product of that ceaseless competition, behemoths that by virtue of their immense size and command of capital can and do exert dominance over government and civil society. Among agribusinesses, Monsanto happens to be the company that is most ruthless at navigating and further developing these ongoing systemic trends, just as Wal-Mart is the company that is the leader among retailers forcing the moving of production to the lowest-wage countries and exploiting workforces.

One corporation (or any group of corporations) controlling the world’s food supply should be relegated to a fantastic dystopia belonging to the realm of science fiction, not a real possibility in the real world. Everything is reduced to a commodity under capitalism, even life itself. We really can’t do better than this?

Austerity never ends: Economists say wages are too high

No, you can’t really make this stuff up: Orthodox economists continue to tell us that the reason for ongoing economic stagnation is that wages and unemployment benefits are too high. Yes, that’s right. You haven’t suffered enough.

Given that orthodox economics (or “neoclassical” or Chicago School, if you prefer alternate labels) exists as a propaganda tool to justify all manner of capitalist excesses and inequality, it’s not actually surprising that such snake oil continues to be peddled with a straight face. Never mind the years of stagnant wages, the decades of wages trailing productivity ever further, housing costs rising far more sharply than inflation, and the increased use of debt just to stay afloat.

(Photo by Gargolla)

If you would just work for less, all would be well. The basic reason for that belief is an admission that, in a capitalist economy, wages are a commodity. (That really means human beings are commodities, but we can only expect so much truth here.) This underlying belief is succinctly summarized by this commentary offered by the conservative Library of Economics and Liberty:

“Unemployment is just a labor surplus; since wages are the price of labor, the fundamental cause of unemployment has to be excessive wages.”

But capitalism is supposed to be a perfect system, always moving toward equilibrium, according to capitalist dogma. So there should be no unemployment. There obviously is, so what’s the culprit? You’ve likely already guessed — it’s the government’s fault. The self-proclaimed capitalist tool, Forbes magazine, claims that wages aren’t increasing because “pent-up wage cuts didn’t happen” following the 2008 global economic meltdown and so poor downtrodden corporations have no choice but to keep wages from rising to make up for those cuts that should have been imposed. If only government policies wouldn’t interfere with the magic of the market, all would be well, Forbes asserts:

“To summarize, government regulation and policy are very much linked to the enduring presence of wage stickiness and slow wage growth since the Great Recession.”

There’s ideology, and then there’s the real world

You can even win a Nobel Prize for these beliefs. The Nobel Prize for economics isn’t actually a Nobel Prize (officially, it is an add-on called the “The Sveriges Riksbank Prize in Economic Sciences in Memory of Alfred Nobel”), but, still, it’s widely considered one and it’s the highest honor an economist can receive. It almost invariably goes to a conservative economist who upholds orthodox ideology. One recent recipient is Thomas Sargent. Although he formally received his prize for other work, Dr. Sargent is known for writings in which he argues that unemployment benefits are too generous, and if such benefits were reduced, there would be “incentive” for people to go back to work.

Here in the real world, there are many more candidates than jobs that pay a living wage, and unemployment benefits are insufficient to live on. Depending on the state, unemployment benefits amount to 30 to 50 percent of lost wages in the United States — hardly enough to live comfortably on, and it’s cut off after 26 weeks. British benefits are capped at £73.10, and it can be less if you have savings you have yet to tap. Nobody is living large on that amount.

Continental European unemployment coverage is better, and, interestingly, some of the countries with the highest levels of benefits, such as Denmark, Norway and Finland, have among the lowest unemployment rates, although those benefits have eroded in recent years. Nonetheless, social safety nets in general lead to unemployment, Dr. Sargent believes. In an interview with Swedish Television, he said workers ought to be prepared for having low unemployment compensation in order to get the right incentives to search for jobs.

“Sargent, with Swedish economist Lars Ljungqvist, found that high, long-lasting unemployment benefits in Europe have caused many European workers who lost their jobs to stay unemployed for years and, thereby, erode their human capital. This makes them less employable in the long run. The fact that the U.S. government extended unemployment benefits in many U.S. states to 99 weeks, said Sargent in the 2010 interview … ‘fills me with dread.’ ”

Those extended terms of unemployment have since been rescinded, so he can hopefully now sleep at night. Related to supposedly overly generous social safety nets, is the idea that working people stubbornly refuse to accept wage cuts. This is not entirely true, as the effects of the North American Free Trade Agreement demonstrate. NAFTA has caused a persistent decline in wages for displaced workers and manufacturers routinely threaten to shut down and/or move their facilities in response to unionization drives since NAFTA came into force. But, remember, we’re dealing with ideology here, not practical reality. Two years ago, the San Francisco branch of the Federal Reserve issued a report that blamed ongoing economic weakness on wages not falling enough. The paper claimed:

“One explanation for this pattern is the hesitancy of employers to reduce wages and the reluctance of workers to accept wage cuts, even during recessions, a behavior known as downward nominal wage rigidity.”

Cutting wages won’t be a panacea

Falling wages might provide a short-term boost to corporate profits, but the reduced purchasing power of working people would soon cause people to buy less. That is disastrous in advanced capitalist countries, where consumer spending generally accounts for anywhere from 60 to 70 percent of gross domestic product.

Lars Syll, a heterodox economist and self-described critic of market fundamentalism writing on the Real-World Economics Review Blog, put this plainly:

“The aggregate effects of wage cuts would, as shown by Keynes, be catastrophical. They would start a cumulative spiral of lower prices that would make the real debts of individuals and firms increase since the nominal debts wouldn’t be affected by the general price and wage decrease. In an economy that more and more has come to rest on increased debt and borrowing this would be the entrance-gate to a debt deflation crises with decreasing investments and higher unemployment. In short, it would make depression knock on the door.”

A food line in Toronto in 1931; falling wages didn’t work out during the Great Depression.

Falling wages were a reality during the Great Depression, but that didn’t help matters. By 1933 in the United States, manufacturing wages fell 34 percent and unemployment rose to about 25 percent. The Canadian economy contracted by more than 40 percent and unemployment reached 30 percent in 1933. Collapses in wages did not bring better times; only the massive government spending to wage World War II put an end to the Depression.

Moreover, already existing low wages come at a high cost. A 2015 study by the researchers at the University of California Berkeley Center for Labor Research and Education found that public benefits given to people who have jobs but can’t live on their meager wages cost the public more than $150 billion annually in the United States — more than half of total public-assistance spending by federal and state governments. Wal-Mart alone costs taxpayers an estimated $6 billion per year subsidizing the retailer’s low pay and paltry benefits at the same time it pays out similar amounts in dividends, half of which go to the Walton family.

Working harder for less

As all of you doing the jobs of two or three people at your place of employment have undoubtedly noticed, more work is not being rewarded with more pay. The average U.S. household earns about $18,000 less than it would had wages kept pace with productivity gains, and the average Canadian household is short at least $10,000 per year because of pay lagging productivity gains. Workers across Europe, including in Britain, Germany and Spain, have also seen pay lag productivity.

The upward flow of money not only causes more inequality but further concentrates power in the hands of plutocrats. As David Ruccio summarized in a separate Real-World Economics Review Blog post:

“If you put the two trends together—increased individual income inequality and increased corporate savings—what we’re witnessing then is increasing private control over the social surplus. Wealthy individuals and large corporations are able to capture and decide on their own what to do with the surplus, with all the social ramifications associated with their decisions to invest where and when they want—or not to invest, and thus to accumulate cash, repay debt, and repurchase their own equity shares.

And proposals to decrease tax rates for wealthy individuals and corporations will only increase that private control.”

And that is the context to keep in mind when one reads fairy tales such as this from the far right Mises Institute:

“Ending poverty and giving people additional income are praiseworthy goals, but there are no free lunches in this world. And trying to force prosperity through a minimum wage simply creates a whole host of negative and unintended consequences especially for those who are the most vulnerable.”

The value of the minimum wage in the U.S. is about two-thirds of what it was when it reached its inflation-adjusted peak in 1968. The Canadian minimum wage is worth about a dollar less than its peak in 1976. Australia’s minimum wage is well below what it was worth in 1985.

Even in these bare bottom-line terms, a higher minimum wage is hardly a “free lunch.” It is still less so when we realize that jobs don’t come from the great benevolence of bosses nor are profits conjured out of thin air by the genius of capitalists. Employers generate profits by paying employees much less than the value of what they produce. Increased exploitation through work speedups, increased workloads and benefits reductions mean that capitalists are taking a bigger share of the value of what you produce.

And here we come to the real meaning of “freedom” that capitalists and their publicists so love to extol. “Freedom” for industrialists and financiers is freedom to rule over, control and exploit others; “justice” is the unfettered ability to enjoy this freedom, a justice reflected in legal structures. Working people are “free” to compete in a race to the bottom set up by capitalists. The world’s central banks have printed and spent $8 trillion (€7.4 trillion) to buy bonds, mostly those issued by their own governments. Imagine what that spending could have done if that money had been given to people or used for productive social spending instead of a free lunch for financial speculators.

The toll of pollution: How many lives vs. how much profit?

Frequently lost in the arguments over financial costs and benefits when it comes to pollution is the cost to human health. Not only illness and respiratory problems but premature death. To put it bluntly: How many human lives should we exchange for corporate profit?

Two new studies by the World Health Organization should force us to confront these issues head on. This is no small matter — the two WHO studies estimate that polluted environments cause 1.7 million children age five or younger to die per year.

Spent shale from a Shale oil extraction process (photo by U.S. Argonne National Laboratory)

Indoor and outdoor air pollution, second-hand smoke, unsafe water, lack of sanitation, and inadequate hygiene all contribute to these 1.7 million annual deaths, accounting for more than one-quarter of all deaths of children age five or younger globally. A summary notes:

“[W]hen infants and pre-schoolers are exposed to indoor and outdoor air pollution and second-hand smoke they have an increased risk of pneumonia in childhood, and a lifelong increased risk of chronic respiratory diseases, such as asthma. Exposure to air pollution may also increase their lifelong risk of heart disease, stroke and cancer.”

One of the two reports, Don’t pollute my future! The impact of the environment on children’s health, notes that most of humanity lives in environmentally stressed areas:

“92% of the global population, including billions of children, live in areas with ambient air pollution levels that exceed WHO limits. Over three billion people are exposed to household air pollution from the use of solid fuels. Air pollution causes approximately 600,000 deaths in children under five years annually and increases the risk for respiratory infections, asthma, adverse neonatal conditions and congenital anomalies. Air pollution accounts for over 50% of the overall disease burden of pneumonia which is among the leading causes of global child mortality. Growing evidence suggests that air pollution adversely affects cognitive development in children and early exposures might induce development of chronic disease in adulthood.” [page 3]

These types of calculations on health and mortality are absent from debates on environmental regulations. And not only is the human toll missing from cost/benefit analyses, but this pollution is actually subsidized.

Trump administration’s assault on the environment

These World Health Organization reports were published in the same month that the Trump administration mounted a full-scale assault on the U.S. environment. Not only has the Trump administration proposed draconian cuts to the Environmental Protection Agency and signaled its intention to rescind air-pollution rules for motor vehicles scheduled to come into force between 2022 and 2025, it has issued an executive order requiring a “review [of] existing regulations that potentially burden the development or use of domestically produced energy resources and appropriately suspend, revise, or rescind those that unduly burden the development of domestic energy resources.”

One of the targets of this order is the Clean Power Plan, which requires a 32 percent reduction in carbon dioxide emissions from existing power plants by 2030, compared to 2005 emission rates. The standard, implemented by the Obama administration, was already seen as inadequate. The increased danger raised by President Donald Trump’s order was succinctly summed up by this headline on a Weather Underground article written by Jeff Masters: “Trump’s Executive Order Threatens to Wreck Earth as a Livable Planet for Humans.”

Threats don’t get much graver than that, do they?

Given the gigantic size of the United States economy and the pollution thrown into the atmosphere, this is of serious concern to the entire world. The World Resources Institute estimates that the U.S. accounts for almost 15 percent of Earth’s current greenhouse-gas emissions, second only to China’s 20 percent. Russia and the U.S. emit more than twice the global average on a per capita basis, as does Canada, which, due to its heavy reliance on fossil fuel extraction, has the world’s largest per-person greenhouse-gas footprint.

When greenhouse-gas emissions are calculated on a cumulative basis, then the responsibility of the global North comes into sharper focus: The United States has accounted for 27 percent of all greenhouse gases emitted since 1850, and the countries of the European Union contributed another 25 percent.

Carbon dioxide is the biggest single contributor to global warming — which is why the U.S. Environmental Protection Agency had sought to regulate carbon dioxide emissions as a pollutant — but methane is also a significant contributor. The EPA in 2016 issued an order requiring that owners and operators of oil and gas facilities provide data needed to help it determine how to best reduce methane and other harmful emissions. But the Trump administration has withdrawn the order to provide data.

Not everything can be reversed at the stroke a pen, however. The larger attack on the Clean Power Plan will likely take years to carry out, Dr. Masters wrote:

“The Clean Power Plan will be difficult to undo quickly. The plan was finalized by EPA in 2015, and is currently being reviewed in the U.S. Court of Appeals for the District of Columbia Circuit. Under the new executive order, the Department of Justice will ask the court to suspend the case until the EPA can review and write a new version of the rule. (Before that happens, the court may still rule on the Plan as written, which will influence how the EPA can rewrite the rule.) Once the case is removed from the court, the EPA will have to legally withdraw the existing rule and propose a new rule to take its place, a process that could take years, as the new rule will have to be justified in court, and would likely be challenged in court by environmental groups.”

Hundreds of thousands of lives in the balance

Nonetheless, a fightback is essential. Lives are literally at stake, in large numbers, if regulations safeguarding air quality are reversed. The EPA estimates that 160,000 premature deaths were prevented in 2010 by the Clean Air Act, and estimates that 230,000 lives will be saved and 120,000 emergency-room visits saved in 2020 if the act is left intact. The EPA said the benefits of the act “exceeds costs by a factor of more than 30 to one.” This study, at least for the moment, hasn’t been expunged from the Internet by the Trump administration.

A separate study by the Massachusetts Institute of Technology (MIT) estimates that air pollution causes 200,000 early deaths each year in the United States alone. The two biggest contributors to that death toll, the MIT report found, are emissions from road transportation and power generation, which together account for just more than half the total. One of the study’s authors, MIT professor Steven Barrett, said a person who dies from an air pollution-related cause typically dies about a decade earlier than he or she otherwise might have.

The Canadian government estimates that a 10 percent reduction in particulate-matter and ozone levels would result in a net social welfare benefit for Canadians of more than $4 billion. A separate study estimates that the cost to Canadian health care from air pollution will total $250 billion by 2031 without significant reductions.

Grangemouth oil refinery at sunset (photo by Steve Garvie, Dunfermline, Fife, Scotland)

This exercise can be repeated around the world. A 2015 World Health Organization study estimates that indoor and outdoor air pollution costs European economies as much as €1.2 trillion annually in deaths and diseases. This includes £54 billion and 29,000 deaths per year in Britain. For Australia, the cost from air pollution was estimated at $5.8 billion in 2010, a doubling in only five years.

Globally, air pollution could lead to nine million premature deaths and US$2.6 trillion in economic damage from the costs of sick days, medical bills and reduced agricultural output by 2060, according to an Organisation for Economic Cooperation and Development study.

Only a drastic reduction in emissions can reverse these costs in human health and the mounting dangers of global warming.

We’ll have to go well beyond current plans

Cap-and-trade schemes, promoted by North American liberals and European social democrats, simply don’t work. The European Union system, for example, issued so many free certificates that the price of pollution is a small fraction of the target price, and attempts by environmentalists to reduce the number of certifications are consistently rebuffed. Moreover, cap-and-trade plans often allow “offsets,” whereby companies can buy emission credits from outside the program to “offset” emissions above the allowable level, allowing polluters to substitute unverifiable reductions elsewhere for real reductions locally.

Nor are renewable energy sources, as vital as they are to any rational future, a substitute for reducing energy usage. Renewable energy is not necessarily clean nor without contributions to global warming. Wind power and biomass, for example, have their own problems. The primary source of bioenergy is wood, which portends an increase in logging, counter to winning a struggle against global warming. Denmark and Britain are among the biggest users of biomass but must import wood to sustain that. The turbines used to produce electricity from wind increasingly are built with the “rare earth” element neodymium, which requires a highly toxic process to produce. Production of rare earths are environmentally destructive; increasing their extraction means more pollution and toxic waste.

The argument here certainly isn’t that a switch from fossil fuels to renewable energy as quickly as practical isn’t necessary; of course such a switch needs to be made. But if reversing pollution and greenhouse-gas emissions is the goal, then renewables are at most a partial measure.

Haze from forest fires in St. Mary Valley, Glacier National Park in August 2015, during the hottest and driest summer in Pacific Northwest history. (photo by Pete Dolack)

The Paris Climate Summit ended with a surprise decision by the world’s governments to limit the rise of the global average temperature to 1.5 degrees Celsius above the pre-industrial revolution average instead of the previously intended limit of 2 degrees. The difficulty here, however, is that even if every national goal were met, the Earth’s temperature would rise 2.2 to 3.4 degrees by 2100 with more to come, and the Paris summit contains no mechanism to enforce these goals.

Adding to the difficulty of reducing fossil fuel usage sufficiently to meet the Paris summit’s goals (and which would also reduce the damage to human health) is the astounding total of subsidies for them. A 2015 study that attempted to quantify the size of these subsidies on a global basis estimated them at US$5.6 trillion! That includes not only direct government subsidies through tax breaks and other programs, but damage to the environment — these are not inconsequential as the costs of air pollution and global warming transferred to society account for nearly two-thirds of that total.

“Fracking” (hydraulic fracturing) of rock to blast out natural gas alone accounts for billions of dollars of damages through contaminated water, health problems from the chemicals used in the process, air pollution, methane that contributes to global warming, disruption to agriculture and damage to roads from trucks. That the cost of those is transferred to society is another mammoth subsidy to the energy industry.

Overshooting Earth’s carrying capacity

The most recent estimate of planetary consumption is that humanity is using the equivalent of 1.6 Earths per year. By 2030, at present rates of increase, we’ll be consuming two Earths — that is, twice the capacity of our planet to sustain.

Then there is the matter of global warming. Two scientific studies issued in 2015 suggest that so much carbon dioxide already has been thrown in the air that humanity may have already committed itself to a six-meter rise in sea level. A separate 2015 study, prepared by 18 scientists, found that the Earth is crossing several “planetary boundaries” that together will render the planet much less hospitable.

What is the price of making Earth uninhabitable? No amount of strip-mining the Moon or the asteroid belt will reverse mass die-offs on Earth.

Illusions that “green capitalism” will save us really must be abandoned. Beyond that capitalism requires constant growth (infinite growth is impossible on a finite planet) and discourages corporate responsibility because enterprises can offload their responsibilities onto society, every incentive is for more production. Adding to that, capitalist economics discounts the future so much that future life is seen as nearly worthless. Thus, in this type of accounting, there is no cost for future pollution.

Authors Richard York, Brett Clark and John Bellamy Foster put this plainly in a thoughtful May 2009 article in Monthly Review. They wrote:

“Where [orthodox economists] primarily differ is not on their views of the science behind climate change but on their value assumptions about the propriety of shifting burdens to future generations. This lays bare the ideology embedded in orthodox neoclassical economics, a field which regularly presents itself as using objective, even naturalistic, methods for modeling the economy. However, past all of the equations and technical jargon, the dominant economic paradigm is built on a value system that prizes capital accumulation in the short-term, while de-valuing everything else in the present and everything altogether in the future.”

As for the present day, capitalist enterprises aren’t going to guarantee jobs to workers displaced from energy-extraction industries, and if those workers don’t have any viable alternatives, it can’t be expected they will do anything other than join their bosses in fighting for their industry. Thus any rational plan to drastically shrink fossil fuel extraction has to be able to provide alternative jobs. Nor do the costs in human lives discussed above factor into capitalist economic calculations.

The drastic changes that are necessary to reverse the human and environmental tolls of pollution will come with a hefty price tag. But the cost of continuing business as usual is much higher — a price our descendants will pay if we don’t move to an economic system that values life rather than only profits.

World Bank declares itself above the law

The World Bank has for decades left a trail of human misery. Destruction of the environment, massive human rights abuses and mass displacement have been ignored in the name of “development” that works to intensify neoliberal inequality. In response to legal attempts to hold it to account, the World Bank has declared itself above the law.

At least one U.S. trial court has already agreed that the bank can’t be touched, and thus the latest lawsuit filed against it, attempting to obtain some measure of justice for displaced Honduran farmers, faces a steep challenge. Regardless of the ultimate outcome of legal proceedings, however, millions of people around the world have paid horrific prices for the relentless pursuit of profit.

A trail of evictions, displacements, gross human rights violations (including rape, murder and torture), widespread destruction of forests, financing of greenhouse-gas-belching fossil-fuel projects, and destruction of water and food sources has followed the World Bank.

Honduras (photo by Zack Clark)

The latest attempt at accountability is a lawsuit filed in the U.S. federal court in Washington by EarthRights International, a human rights and environmental non-governmental organization, charging that the World Bank has turned a blind eye to systematic abuses associated with palm-oil plantations in Honduras that it has financed. The lawsuit, Juana Doe v. International Finance Corporation, alleges that

“Since the mid-1990s, the International Finance Corporation [a division of the World Bank] has invested millions of dollars in Honduran palm-oil companies owned by the late Miguel Facussé. Those companies — which exist today as Dinant — have been at the center of a decades-long and bloody land-grabbing campaign in the Bajo Aguán region of Honduras.

For nearly two decades, farmer cooperatives have challenged Dinant’s claims to sixteen palm-oil plantations … that it has held in the Bajo Aguán region. On information and belief, Dinant’s former owner, Miguel Facussé, took that land from the farmer cooperatives through fraud, coercion, and actual or threatened violence. The farmer cooperatives have engaged in lawsuits, political advocacy, and peaceful protests to challenge Dinant’s control and use of the land. And Dinant has responded to such efforts with violence and aggression.”

Bank’s own staff cites failures

EarthRights International alleges that the World Bank has “repeatedly and consistently provided critical funding to Dinant, knowing that Dinant was waging a campaign of violence, terror, and dispossession against farmers, and that their money would be used to aid the commission of gross human rights abuses.” The lawsuit filing cites “U.S. government sources” to allege that more than 100 farmers have been killed since 2009.

The suit also says that the International Finance Corporation’s own ombudsman said the World Bank division “failed to spot or deliberately ignored the serious social, political and human rights context.” These failures arose “from staff incentives ‘to overlook, fail to articulate, or even conceal potential environmental, social and conflict risk’ and ‘to get money out the door.’ ” Despite this internal report, the suit says, the World Bank continued to provide financing and that the ombudsman has “no authority to remedy abuses.”

(World Bank representatives did not respond to a request for comment. Although not directly a party to the lawsuit, Dinant describes the allegations as “absurd.” In a statement on its web site, the company said “All allegations that Dinant is — or ever has been — engaged in systematic violence against members of the community are without foundation.”)

Three Gorges Dam, a project funded by the World Bank that displaced 1.3 million people (photo by Christoph Filnkössl)

EarthRights International’s lawsuit faces an uphill challenge due to an earlier suit filed by it on behalf of Indian farmers and fisherpeople being thrown out by the same court when it ruled that the World Bank is immune from legal challenge. The bank provided $450 million for a power plant that the plaintiffs said degraded the environment and destroyed livelihoods. The court agreed with the World Bank’s contention that it has immunity under the International Organizations Immunities Act. (The dismissal has been appealed.)

The International Organizations Immunities Act provides that “International organizations, their property and their assets, wherever located, and by whomsoever held, shall enjoy the same immunity from suit and every form of judicial process as is enjoyed by foreign governments.” The World Bank has been declared the equivalent of a sovereign state, and in this context is placed above any law as if it possesses diplomatic immunity.

This law is applied selectively; lawsuits against Cuba are not only allowed but consistently won by plaintiffs. These are not necessarily the strongest of cases, such as participants in the Bay of Pigs invasion winning judgments and a woman who was married to a Cuban who went back to Cuba winning $27 million because the court found that her marriage made her a “victim of terrorism”!

More than 3 million people displaced

Despite its immunity, a passport may not be needed to enter a World Bank office, but can it be argued that the lending organization uses its immense power wisely? That would be a very difficult case to make.

A 2015 report by the International Consortium of Investigative Journalists found that 3.4 million people were physically or economically displaced by projects funded by the World Bank. Land was taken, people were forced from their homes and their livelihoods damaged. Some of the other findings of the report, on which more than 50 journalists from 21 countries worked:

  • From 2009 to 2013, the World Bank pumped $50 billion into projects graded the highest risk for “irreversible or unprecedented” social or environmental impacts — more than twice as much as the previous five-year span.
  • The bank regularly fails to live up to its own policies that purport to protect people harmed by projects it finances.
  • The World Bank and its International Finance Corporation lending arm have financed governments and companies accused of human rights violations such as rape, murder and torture. In some cases, they continued to bankroll these borrowers after evidence of abuses emerged.
  • Ethiopian authorities diverted millions of dollars from a World Bank-supported project to fund a violent campaign of mass evictions, according to former officials who carried out the forced resettlement program.

One of the articles that is a part of this investigative report said the bank routinely ignores its own rules that require detailed resettlement plans and that employees face strong pressure to approve big infrastructure projects. The report says:

“The World Bank often neglects to properly review projects ahead of time to make sure communities are protected, and frequently has no idea what happens to people after they are removed. In many cases, it has continued to do business with governments that have abused their citizens, sending a signal that borrowers have little to fear if they violate the bank’s rules, according to current and former bank employees.

‘There was often no intent on the part of the governments to comply — and there was often no intent on the part of the bank’s management to enforce,’ said Navin Rai, a former World Bank official who oversaw the bank’s protections for indigenous peoples from 2000 to 2012. ‘That was how the game was played.’ …

Current and former bank employees say the work of enforcing these standards has often been undercut by internal pressures to win approval for big, splashy projects. Many bank managers, insiders say, define success by the number of deals they fund. They often push back against requirements that add complications and costs.”

Funding that facilitates global warming

Incredibly, one of the outcomes of the Paris Climate Summit was for leaders of the G7 countries to issue a communiqué that they would seek to raise funds “from private investors, development finance institutions and multilateral development banks.” These leaders propose the World Bank be used to fight global warming despite it being a major contributor to projects that increase greenhouse-gas emissions, including providing billions of dollars to finance new coal plants around the world. The bank even had the monumental hypocrisy to issue a report in 2012 that called for slowing global warming while ignoring its own role.

It is hoped you, dear reader, won’t fall off your chair in shock, but the World Bank’s role in facilitating global warming has since only increased.

What happens to rain forests when the market is allowed to decide. (Photo of Montane Rainforest in Ecuador by Gunnar Brehm)

Financing projects that facilitate global warming had already been on the rise. A study prepared by the Institute for Policy Studies and four other organizations found that World Bank lending for coal, oil and gas reached $3 billion in 2008 — a sixfold increase from 2004. In the same year, only $476 million went toward renewable energy sources. Oil Change International (citing somewhat lower dollar figures) estimates that World Bank funding for fossil fuels doubled from 2011 to 2015.

Destructive logging projects across the Global South funded by the World Bank accelerated in the 1990s. Despite a January 2000 internal report finding that its lending practices had not curbed deforestation or reduced poverty, Southeast Asia saw a continuation of illegal logging and land concessions, and untimely deaths of local people blowing the whistle, as has Africa.

Similar to its report on curbing global warming that ignores its own role, the World Bank shamelessly issued a 2012 report calling for international law enforcement measures against illegal logging. Perhaps what is illegal are only those operations not funded by the bank?

Loans to pay debt create more debt, repeat

Ideology plays a critical role here. International lending organizations, such as the World Bank and International Monetary Fund, consistently impose austerity. The IMF’s loans, earmarked for loans to governments to pay debts or stabilize currencies, always come with the same requirements to privatize public assets (which can be sold far below market value to multi-national corporations waiting to pounce); cut social safety nets; drastically reduce the scope of government services; eliminate regulations; and open economies wide to multi-national capital, even if that means the destruction of local industry and agriculture. This results in more debt, which then gives multi-national corporations and the IMF, which enforces those corporate interests, still more leverage to impose more control, including heightened ability to weaken environmental and labor laws.

The World Bank compliments this by funding massive infrastructure projects that tend to enormously profit deep-pocketed international investors but ignore the effects on local people and the environment.

The World Bank employs a large contingent of scientists and technicians, which give it a veneer of authority as it pursues a policy of relentless corporate plunder. Noting that the bank possesses “an enormous research and knowledge generation capacity,” The environmental and social-justice organization ASEED Europe reports:

“The World Bank is the institution with one of the largest research budgets globally and has no rival in the field of development economics. … A number of researchers and scholars have questioned the reliability of the World Bank-commissioned research. Alice Amsdem, a top scholar on East Asian economies, argues that since the World Bank continually fails to scientifically prove its conclusions, its policy justifications are ‘quintessentially political and ideological.’ Regarding the World Development Report (WDR) series, for example, Nicholas Stern, an Oxford professor in economics and former World Bank chief economist says that many of the numbers used by the Bank come from highly dubious sources, or have been constructed in ways which leaves one sceptical as to whether they can be helpfully applied.” (citations omitted)

Capitalist ideology rests on the concept of “markets” being so efficient that they should be allowed to work without human intervention. But what is a market? Under capitalism, it is nothing more than the aggregate interests of the most powerful and largest financiers and industrialists. No wonder that “markets” “decide” that neoliberal austerity must be ruthlessly imposed — it is those at the top of vast corporate institutions who benefit from the decisions that the World Bank, and similar institutions, consistently make.

Markets do not sit in the clouds, beyond human control, as some perfect mechanism. They impose the will of those with the most who can not ever have enough. Markets are not ordained by some higher power — everything of human creation can be undone by human hands. Our current world system is no exception.

How do we build a movement?

Politely walking into pens set up by police, shaking our signs and gently dispersing will not build a movement serious about root-and-branch change. Even the more militant demonstrations, in which people — gasp! — actually take the streets in defiance of authorities, both legal and NGO, are far from sufficient.

This is not to say that we shouldn’t demonstrate. Nor is it to say that demonstrations aren’t important and necessary. They are. Demonstrations are important (including the semi-official large-scale walks in which government officials are moved to participate) because they signal popular anger, activate people by showing others that there are millions who think similarly, and serve as a potentially invaluable organizing tool.

Rally on Nevsky Prospekt in St. Petersburg after the February Revolution of 1917 (Source: State museum of political history of Russia)

But demonstrations don’t, and can’t, change anything by themselves. They don’t touch the system and threaten no one in power. This is especially so when they are “one-off” events. Remember that it was only two autumns ago that an estimated 400,000 people marched through the streets of New York City in defense of the environment. There were street actions in the financial district the next day, ones that were permitted to go on for much the day because it would have been too embarrassing for the gentrification mayor, Bill de Blasio, the Obama of New York, to have openly suppressed it one day after he marched in the big Sunday stroll.

But, then — nothing. The energy generated by the march evaporated; it might as well not have happened. It didn’t help that march organizers raised no demands, much less attempted to connect global warming and environmental destruction with economic issues. Organizing a march simply to generate media attention is a dead-end strategy.

A steady crescendo of demonstrations and marches certainly are part of any serious movement. But petitioning leaders to do better for working people yields meager gains. There are structural issues here: When Bill Clinton, Barack Obama, Jean Chrétien, Tony Blair, Gordon Brown, Francois Hollande, Gerhard Schröder, José Luis Rodríguez Zapatero, Matteo Renzi and Alexis Tsipras follow the same path, then a condemnation of personality doesn’t provide explanations.

There are no saviors. We will have to save ourselves. And we won’t save ourselves without organization or commitment.

Fighting on all fronts

An unused tool does nothing. A tool used properly multiplies force. A serious movement needs a full toolbox and not simply one tool.

Such a toolbox can only be wielded by cohesive organizations welding together movements in broad alliances that provide scope for people with specific issues and oppressions to advance their goals simultaneous with rooting these in larger understandings of the structural causes of them and the systemic crises that must be tackled. The days of telling people that you need to wait your turn and, anyway, your oppression will be solved once we have a revolution need to be definitively over. On the other hand, splintering into a myriad of groups working only on specific issues in isolation from one another is a guarantee of ineffectiveness.

Nor is it necessary to choose between “identity politics” and “class politics.” We need to fight on all fronts, using both what is relevant from past struggles and new tactics and strategies reflecting contemporary understandings arising out of current conditions. Nor should it be an obligation to accept or reject organizational structures simply because they are old or new. There are vast gradations between those who believe we should just replicate whatever Vladimir Lenin did and those who believe we should spend three hours a night in open-air assemblies.

Women’s March of January 21, 2017, in Chicago (photo by Jonathan Eyler-Werve)

Practice without theory amounts to running around in circles with no effectiveness. Theory without practice is arm-chair pontificating. Only a synthesis of theory and practice can propel a movement forward to effective action. That synthesis does not fall out of the sky.

Theory derives from examining our experiences, both in our everyday lives and in movement work, and developing ideas out of these in opposition to the dominant propaganda — ideas that can be translated into concrete actions. Effective action, in turn, is impossible without organization.

In her thoughtful paper, “Ideas for the Struggle,” Marta Harnecker writes that the example of successful revolutions demonstrates that a “political instrument” capable of a national struggle and based on current, concrete conditions is essential. She argues that people who believe that strong organizations are something to be avoided because many parties of the past engaged in authoritarian or manipulative political practices should not be trapped in the past. She writes:

“I believe it is fundamental for us to overcome this subjective barrier and understand that when we refer to a political instrument, we are not thinking about any political instrument; we are dealing with a political instrument adjusted to the new times, an instrument that we must build together. … We are talking about understanding politics as the art of constructing a social and political force capable of changing the correlation of force in favor of the popular movement, to make possible in the future what today appears impossible. We have to think of politics as the art of constructing forces. We have to overcome the old and deeply-rooted mistake of trying to build a political force without building a social force.”

Changing the world means taking power

We can ignore the state all we want; the state will not ignore us if we mount any challenge to present-day orthodoxy. Nor will the new age concept of “changing ourselves” lead to any social change. If we want a better world, that entails eventually taking power. As Vivek Chibber recently put it at the “Global Resistance in the Neoliberal University” conference: “A politics that doesn’t try to take power isn’t politics — it’s just talking.”

The task, however, not only is immense but must be conducted on multiple levels, Ms. Harnecker writes:

“[W]e must develop a process of popular construction opposed to capitalism in the territories and spaces won by the left, that seeks to break with the profit logic and the relations this imposes and tries to instill solidarity-based humanist logics. We must promote struggles that are not limited to simple economic demands — although these need to be included — but that advance the development of a more global, social project that encourages authentic levels of power from the grassroots.”

And what form should a “political instrument” take? These need not take any specific form — and in pluralistic societies are likely to encompass multiple forms. Yet if building an effective movement that is sustainable, institutionalizes memory through integrating past experiences and aims toward a transformation of society, a party is necessary, argues Jodi Dean. In her 2016 book Crowds and Party, she argues that Leftists who want to create a better world have to get past their criticisms of the party form, and not become trapped in their own self-critique or allow critiques of specific parties to become a universal rejection of the party form.

This argument is made in the context of analyzing why Occupy so quickly dissipated. The birth of a movement such as Occupy should represent a beginning, not an end. A spontaneous outburst of popular action, such as Occupy, is often seen as an end in itself. Such spontaneity needs a permanent form for meeting the challenge of maintaining a movement. Professor Dean argues that those who mistake an opening for the end,

“treat organization, administration, and legislation as a failure of revolution, a return of impermissible domination and hierarchy rather than as effects and arrangements of power, rather than as attributes of the success of a political intervention. The politics of the beautiful moment is no politics at all. Politics combines the opening with direction, with the insertion of the crowd disruption into a sequence or process that pushes one way or another. There is no politics until a meaning is announced and the struggle over this meaning begins.”

New forms of organization

This does not mean a party is the only organizational form. Nor does it have to mean that a single party will, or can, express the full range of demands of a broad movement or represent all shades of opinion, especially given the divide that will likely persist for some time between those who begin with a goal of fundamental transformation and those who advocate reforms. Given the pluralism of most countries, including all advanced capitalist countries (not to mention the complexity of modern life), the formation of multiple parties should be seen as healthy.

A successful movement will inevitably be a coalition; the political expressions of this should be coalitions as well. Popular-front types of organization, movement coalitions organized to achieve specific goals while allowing participating groups to express their particular perspectives, are forms likely to be necessary to create the sufficient scale of activists needed to effect advances.

A multitude of popular organizations, reflecting not only the differing sites of struggle but the necessarily different types of struggle, will come into being. These need not be permanent, although some will be. Self-organized councils or assemblies of workers sustaining an enterprise occupation or sit-in strike is but one form; neighborhood organizations uniting into bodies representing larger spaces of geography, advocacy groups and the creation of liberated zones are among others.

New types of unions could be still another form. Staughton Lynd, in his recently updated book Solidarity Unionism: Rebuilding the Labor Movement from Below, argues that present-day unions are “institutional dinosaurs, resembling nothing so much as the corporations we are striving to replace.” He advocates shop-floor committees that organize around grievances and problems rather than negotiating contracts and that use direct action, even in opposition to union leaders, and “parallel central labor bodies” that organize workers in a geographic region, across industries. New labor organizations should be built on solidarity, he writes:

“[B]y building organizations based on solidarity, rather than on bureaucratic chain-of-command, we build organizations that by their very existence help to bring a new kind of society into being.”

As with any other organization created to address specific problems, sustaining effectiveness will be impossible without linking the specific problems to other issues and in turn linking related issues to larger structural critiques. The enormous institutional advantages that industrialists and financiers possess through their ability to exert decisive influence over governments, their domination of the mass media, the disposal of police and military forces at their service, and ability to infuse their preferred ideologies through a web of institutions present enormous challenges. This is a hegemony that must be broken, and won’t be broken until a critical mass of people come to understand the excuses that buttress all this for the self-serving ideology that it is.

Breaking hegemony through alternative examples

Laurence Cox and Alf Gunvald Nilsen, in their 2014 book We Make Our Own History: Marxism and Social Movements in the Twilight of Neoliberalism, argue that the work of breaking this hegemony necessitates defeating the state, breaking up at least some power relations and instituting new ones, but doing so through the masses, not a vanguard.

Mural paintings in honor of Jecar Neghme of Chile’s MIR in the place where he was killed by the Pinochet government. (Credit: Ciberprofe)

As no movement, organization or leader has a monopoly of ideas, Professors Cox and Nilsen envision a “movement of movements”: The coming together of independent movements without the intention of submitting to the leadership of any single party or of privileging narrow definitions of working class interests. This necessitates not only learning from one another to increase the body of knowledge that can be drawn upon but also learning from the past. They write:

“These situations share a potential for human self-development to flourish beyond the normal limits set by exploitation, oppression, ignorance and isolation, creating institutions driven by human need rather than by profit and power. … These ‘everyday utopias’ do not need to be installed from above by decree; what they do need is a breaking of power relations within communities, workplaces, state institutions and globally, which stand in their way.”

Nothing of human creation lasts forever. Capitalism, despite the frantic scribblings of apologists for inequality, is no more immune from this than previous forms of economic and social relations. What will replace it is up to all of us. Given that infinite growth is impossible on a finite planet, that hard-won reforms are temporary in a system of massive and pervasive power imbalances, that no permanent solutions are available in a system that is dependent on its most powerful institutions (large corporations) being able to offload all responsibility for pollution and other social problems on society, and that inequality, endless growth, global warming and pollution are necessary byproducts for the system to function at all, limits will be reached.

If this is the last century of capitalism, what will replace it? It could be something worse — some combination of high-tech fascism imposed on feudal arrangements in which a minuscule minority uses extreme force to hoard the world’s dwindling resources for itself is not only not out of the question, but the likely response of a capitalist elite that will stop at nothing to maintain itself. In the continued absence of organized resistance across borders, that may well be the future. Or a better world can be created, through organized struggle, that is based on fulfilling human need within environmentally sustainable practices in which everybody has a say in how their enterprise functions and in larger political and social decisions.

One day, people have had enough

These words are being written on the 100th anniversary of the start of the February Revolution in Russia. Let’s take a moment to reflect on that momentous event, which toppled an absolute monarch who ruled as a direct representative of God and whose every word was indisputable law. A monarchy that had no hesitation in shooting down protestors in the hundreds or thousands, where the overwhelming majority lived in unspeakable poverty and illiteracy.

Women protest in St. Petersburg on International Women’s Day, 1917

More than 300,000 Petrograd workers took part in strikes during the seven weeks immediately preceding the February Revolution, during which time three major demonstrations were planned, and mutinies spread throughout the army. The tsarist régime responded with lockouts of factory workers, shootings of strikers by the police and army, and mass arrests.

But on one day in 1917 (March 8 in the Gregorian calendar not yet in use in Russia), tens of thousands of women textile workers in Petrograd (as St. Petersburg was then called) walked out. The women walked to nearby metal factories, told the men there to join them on strike, and both groups inspired workers in other factories to walk out. More struck the next day. The day after that, a general strike was under way in Petrograd, with demonstrators shouting anti-war and anti-monarchy slogans. Within a week, the tsar abdicated.

Years of tireless work paid off. As I wrote in my book It’s Not Over: Learning From the Socialist Experiment:

“One more strike, one additional action following hundreds of actions, one action that on the day it began did not seem noticeably different from previous actions, put the revolution in motion. Why this one? It is impossible to say. Perhaps all that can be said is that on that particular day, enough Russians, or at least enough Petrograd women and men, were sufficiently exasperated to do something about it. The February Revolution is an excellent example of the necessity of continuing to struggle: It is usually impossible to predict which spark will be the one to catch fire. The revolutionaries were surprised by the revolution, and perhaps that could not have been otherwise. But the revolution would not have happened without their work.”

Russians had ceased to believe the ideologies that kept their society in place. Similarly, our task today is to explode the mythologies that undergird our current world. This is a big task, but one that is indispensable, Henry Giroux writes:

“Central to a viable notion of ideological and structural transformation is a refusal of the mainstream politics of disconnect. In its place is a plea for broader social movements and a more comprehensive understanding of politics in order to connect the dots between, for instance, police brutality and mass incarceration, on the one hand, and the diverse crises producing massive poverty, the destruction of the welfare state, and the assaults on the environment, workers, young people and women. …

[P]rogressives must address the crucial challenge of producing cultural apparatuses such as alternative media, think tanks and social services in order to provide models of education that enhance the ability of individuals to make informed judgments, discriminate between evidence based arguments and opinions, and to provide theoretical and political frameworks for rethinking the relationship between the self and others based on notions of compassion, justice, and solidarity.”

And as a reminder that we need to take care of each other, because struggle is such hard work, it’s appropriate to offer a quote from Mark Fisher, who recently left this world all too prematurely:

“Emancipatory politics must always destroy the appearance of a ‘natural order,’ must reveal what is presented as necessary and inevitable to be a mere contingency, just as it must make what was previously deemed to be impossible seem attainable.”

Good words to remember, even if many of us won’t be around long enough to see a better world come into being. Struggle we must, regardless. I don’t wish for the following words to be reduced to cliché because they are uttered so often (including by me), but the choice for the future remains socialism or barbarism. Let us be worthy of our task.

The bait and switch of public-private partnerships

This being the age of public relations, the genteel term “public-private partnership” is used instead of corporate plunder. A “partnership” such deals may be, but it isn’t the public who gets the benefits.

We’ll be hearing more about so-called “public-private partnerships” in coming weeks because the new U.S. president, Donald Trump, is promoting these as the basis for a promised $1 trillion in new infrastructure investments. But the new administration has also promised cuts to public spending. How to square this circle? It’s not difficult to discern when we recall the main policy of the Trump administration is to hand out massive tax cuts to big business and the wealthy, and provide them with subsidies.

Public-private partnerships are one of the surest ways of shoveling money into the gaping maws of corporate wallets, used, with varying names, by neoliberal governments around the world, particularly in Europe and North America. The result has been disastrous — public services and infrastructure maintenance is consistently more expensive after privatization. Cuts to wages for workers who remain on the job and increased use of low-wage subcontractors are additional features of these privatizations.

Chicago at night (photo by Lol19)

Chicago at night (photo by Lol19)

The rationale for these partnerships is, similar to other neoliberal prescriptions, ideological — the private sector is supposedly always more efficient than government. A private company’s profit incentive will supposedly see to it that costs are kept under control, thereby saving money for taxpayers and transferring risk to the contractor. In the real world, however, this works much differently. A government signs a long-term contract with a private enterprise to build and/or maintain infrastructure, under which the costs are borne by the contractor but the revenue goes to the contractor as well.

The contractor, of course, expects a profit from the arrangement. The government doesn’t — and thus corporate expectation of profits requires that revenues be increased and expenses must be cut. Less services and fewer employees means more profit for the contractor, and because the contractor is a private enterprise there’s no longer public accountability.

Public-private partnerships are nothing more than a variation on straightforward schemes to sell off public assets below cost, with working people having to pay more for reduced quality of service. A survey of these partnerships across Europe and North America will demonstrate this clearly, but first a quick look at the Trump administration’s plans.

Corporate subsidies, not $1 trillion in new spending

The use of the word “plans” is rather loose here. No more than the barest outline of a plan has been articulated. The only direct mention of his intentions to jump-start investment in infrastructure is found in President Trump’s campaign web site. In full, it states the plan “Leverages public-private partnerships, and private investments through tax incentives, to spur $1 trillion in infrastructure investment over ten years. It is revenue neutral.” The administration’s official White House web site’s sole mention of infrastructure is an announcement approving the Keystone XL and Dakota Access pipelines without environmental reviews, and an intention to expedite environmental reviews for “high priority infrastructure projects.”

Wilbur Ross, an investment banker who buys companies and then takes away pensions and medical benefits so he can flip his companies for a big short-term profit, and who is President Trump’s pick for commerce secretary, along with a conservative economics professor, Peter Navarro, have recommended the Trump administration allocate $137 billion in tax credits for private investors who underwrite infrastructure projects. The two estimate that over 10 years the credits could spur $1 trillion in investment. So the new administration won’t actually spend $1 trillion to fix the country’s badly decaying infrastructure; it hopes to encourage private capital to do so through tax cuts.

The Sea-to-Sky Highway in British Columbia (photo by D. Vincent Alongi)

The Sea-to-Sky Highway in British Columbia (photo by D. Vincent Alongi)

There is a catch here — private capital is only going to invest if a steady profit can be extracted. Writing in the New Republic, David Dayen put this plainly:

“Private operators will only undertake projects if they promise a revenue stream. You may end up with another bridge in New York City or another road in Los Angeles, which can be monetized. But someplace that actually needs infrastructure investment is more dicey without user fees. So the only way to entice private-sector actors into rebuilding Flint, Michigan’s water system, for example, is to give them a cut of the profits in perpetuity. That’s what Chicago did when it sold off 36,000 parking meters to a Wall Street-led investor group. Users now pay exorbitant fees to park in Chicago, and city government is helpless to alter the rates.”

The Trump plan appears to go beyond even the ordinary terms of public-private partnerships because it would transfer money to developers with no guarantee at all that net new investments are made, according to an Economic Policy Institute analysis. The EPI report asks several questions:

“[I]t appears to be a plan to give tax credits to private financiers and developers, period. The lack of details here are daunting and incredibly important. For starters, we don’t know if the tax credit would be restricted to new investment, or if investors in already existing [public-private partnerships] are eligible for the credit. If private investors in already existing PPP arrangements are eligible, how do we ensure these tax credits actually induce net new investments rather than just transferring taxpayer largesse on operators of already-existing projects? Who decides which projects need to be built? How will the Trump administration provide needed infrastructure investments that are unlikely to be profitable for private providers (such as building lead-free water pipes in Flint, MI)? If we assume tax credits will be restricted (on paper, anyhow) to just new investment, how do we know the money is not just providing a windfall to already planned projects rather than inducing a net increase in how much infrastructure investment occurs?”

Critiques of this scheme can readily be found on the Right as well. For example, Douglas Holtz-Eakin, a former head of the Congressional Budget Office and economic adviser to John McCain’s 2008 presidential campaign, told The Associated Press, “I don’t think that is a model that is going be viewed as successful or that you can use it for all of the infrastructure needs that the U.S. has.”

Corporations plunder, people pay in Britain

Britain’s version of public-private partnerships are called “private finance initiatives.” A scheme concocted by the Conservative Party and enthusiastically adopted by the New Labour of Tony Blair and Gordon Brown, the results are disastrous. A 2015 report in The Independent reveals that the British government owes more than £222 billion to banks and businesses as a result of private finance initiatives. Jonathan Owen reports:

“The startling figure – described by experts as a ‘financial disaster’ – has been calculated as part of an Independent on Sunday analysis of Treasury data on more than 720 PFIs. The analysis has been verified by the National Audit Office. The headline debt is based on ‘unitary charges’ which start this month and will continue for 35 years. They include fees for services rendered, such as maintenance and cleaning, as well as the repayment of loans underwritten by banks and investment companies.

Responding to the findings, [British Trades Union Congress] General Secretary Frances O’Grady said: ‘Crippling PFI debts are exacerbating the funding crisis across our public services, most obviously in our National Health Service.’ ”

Under private finance initiatives, a consortium of private-sector banks and construction firms finance, own, operate and lease the formerly public property back to the U.K. taxpayer over a period of 30 to 35 years. By no means do taxpayers receive value for these deals — and the total cost will likely rise far above the initial £222 billion cost. According to The Independent:

“The system has yielded assets valued at £56.5bn. But Britain will pay more than five times that amount under the terms of the PFIs used to create them, and in some cases be left with nothing to show for it, because the PFI agreed to is effectively a leasing agreement. Some £88bn has already been spent, and even if the projected cost between now and 2049/50 does not change, the total PFI bill will be in excess of £310bn. This is more than four times the budget deficit used to justify austerity cuts to government budgets and local services.”

The private firms can even flip their contracts for a faster payday. Four companies given 25-year contracts to build and maintain schools doubled their money by selling their shares in the schemes less than five years into the deals for a composite profit of £300 million. Clearly, these contracts were given at well below reasonable cost.

City of London expanding (Photo by Will Fox)

City of London expanding (Photo by Will Fox)

One of the most prominent privatization disasters was a £30 billion deal for Metronet to upgrade and maintain London’s subway system. The company failed, leaving taxpayers with a £2 billion bill because Transport for London, the government entity responsible for overseeing the subway, guaranteed 95 percent of the debt the private companies had taken out. Then there is the example of England’s water systems, directly sold off. The largest, Thames Water, was acquired by a consortium led by the Australian bank Macquarie Group. This has been disastrous for rate payers but most profitable to the bank. An Open University study found that, in four of the five years studied, the consortium took out more money from the company than it made in post-tax profits, while fees increased and service declined.

As for the original sale itself, the water companies were sold on the cheap. Although details of the business can be discussed by “stakeholders,” the authors conclude, the privatization itself remains outside political debate, placing a “ring-fence” around the issues surrounding the privatization, such as the “politics of packaging and selling households as a captive revenue stream.” The public has no choice when the water provider is a monopoly and thus no say in rates.

Incredibly, Prime Minister Theresa May and the Tories intend to sell off more public services to Macquarie-led consortiums.

Corporations plunder, people pay across Europe

Privatization of water systems has not gone better in continental Europe. Cities in Germany and France, including Paris, have taken back their water after selling systems to corporations. The city of Paris’ contracts with Veolia Environment and Suez Environment, expired in 2010; during the preceding 25 years water prices there had doubled, after accounting for inflation, according to a paper prepared by David Hall, a University of Greenwich researcher. Despite the costs of taking back the water system, the city saved €35 million in the first year and was able to reduce water charges by eight percent. Higher prices and reduced services have been the norm for privatized systems across France, according to Professor Hall’s study.

German cities have also “re-municipalized” basic utilities. One example is the German city of Bergkamen (population about 50,000), which reversed its privatization of energy, water and other services. As a result of returning those to the public sector, the city now earns €3 million a year from the municipal companies set up to provide services, while reducing costs by as much as 30 percent.

The Grand Palais in Paris (photo by Thesupermat)

The Grand Palais in Paris (photo by Thesupermat)

Water is big business. Suez and Veolia both reported profits of more than €400 million for 2015. Not unrelated to this is the increasing prominence of bottled water. Bottled water is dominated by three of the world’s biggest companies: Coca-Cola (Dasani), PepsiCo (Aquafina) and Nestlé (Poland Springs, Deer Park, Arrowhead and others). So it’s perhaps not surprising that Nestlé Chairman Peter Brabeck-Letmathe infamously issued a video in which he declared the idea that water is a human right “extreme” and that water should instead have a “market value.”

One privatization that has not been reversed, however, is Goldman Sachs’ takeover of Denmark’s state-owned energy company Dong Energy. Despite strong popular opposition, the Danish government sold an 18 percent share in Dong Energy to Goldman Sachs in 2014 while giving the investment bank a veto over strategic decisions, essentially handing it control. The bank was also given the right to sell back its shares for a guaranteed profit. Goldman Sachs has turned a huge profit already — two years after buying its share, Dong began selling shares on the stock market, and initial trading established a value for the company twice as high as it was valued for purposes of selling the shares to Goldman. In other words, Goldman’s shares doubled in value in just two years — a $1.7 billion gain.

Danes have paid for this partial privatization in other ways as well. Taking advantage of the control granted it, Goldman demanded lower payments to Danish subcontractors and replaced some subcontractors who refused to use lower-paid workers.

Corporations plunder, people pay in Canada

Canada’s version of public-private partnerships has followed the same script. A report by the Canadian Centre for Policy Alternatives flatly declared that

“In every single project approved so far as a P3 in Ontario, the costs would have been lower through traditional procurement if they had not inflated by these calculations of the value of ‘risk.’ The calculations of risk could just as well have been pulled out of thin air — and they are not small amounts.”

Not that Ontario is alone here. Among the examples the Centre provides are a hospital, Brampton Civic, that cost the public $200 million more than if it had been publicly financed and built directly by Ontario; the Sea-to-Sky Highway in British Columbia that will cost taxpayers $220 million more than if it had been financed and operated publicly; bailouts of the companies operating the city of Ottawa’s recreational arenas; and a Université de Québec à Montréal project that doubled the cost to $400 million.

A separate study by University of Toronto researchers of 28 Ontario public-private partnerships found they cost an average of 16 percent more than conventional contracts.

Corporations plunder, people pay in the United States

In the United States, a long-time goal of the Republican Party has been to privatize the Postal Service. To facilitate this, a congressional bill signed into law in 2006 required the Postal Service to pre-fund its pension costs for the next 75 years in only 10 years. This is unheard of; certainly no private business would or could do such a thing. This preposterous requirement saddled the Postal Service with a $16 billion deficit. The goal here is to weaken the post office in order to manufacture a case that the government is incapable of running it.

The city of Chicago has found that there are many bad consequences of public-private partnerships beyond the monetary. In 2008, Chicago gave a 75-year lease on its parking meters to Morgan Stanley for $1 billion. Shortly afterward, the city’s inspector general concluded the value of the meter lease was $2 billion. Parking rates skyrocketed, and the terms of the lease protecting Morgan Stanley’s investment created new annual costs for the city, according to a Next City report.

Haze from forest fires in St. Mary Valley, Glacier National Park. Republicans are targeting national parks for sale, too. (photo by Pete Dolack)

Haze from forest fires in St. Mary Valley, Glacier National Park. Republicans are targeting national parks for sale, too. (photo by Pete Dolack)

That report noted that plans for express bus lanes, protected bike lanes and street changes to enhance pedestrian safety are complicated by the fact that each of these projects requires removing metered parking spaces. Removing meters requires the city to make penalty payments to Morgan Stanley. Even removals for street repairs requires compensation; the Next City report notes that the city lost a $61 million lawsuit filed by the investment bank because of street closures.

Nor have water systems been exempt from privatization schemes. A study by Food & Water Watch found that:

  • Investor-owned utilities typically charge 33 percent more for water and 63 percent more for sewer service than local government utilities.
  • After privatization, water rates increase at about three times the rate of inflation, with an average increase of 18 percent every other year.
  • Corporate profits, dividends and income taxes can add 20 to 30 percent to operation and maintenance costs.

Pure ideology drives these privatization schemes. The Federal Reserve poured $4.1 trillion into buying bonds, which did little more than inflate a stock-market bubble, while the investment needs to rebuild U.S. water systems, schools and dams, plus cleaning up Superfund sites and eliminating student debt, are less at a combined $3.4 trillion. What if that Federal Reserve money had gone to those instead?

“Public investment to create private profit”

Given its billionaire leadership, the Trump administration’s plans for public-private partnerships will not lead to better results, and may well be even worse. Michael Hudson recently summarized what is likely coming in this way:

“Mr. Trump wants to turn the U.S. economy into the kind of real estate development that has made him so rich in New York. It will make his fellow developers rich, and it will make the banks that finance this infrastructure rich, but the people are going to have to pay for it in a much higher cost for transportation, much higher cost for all the infrastructure that he’s proposing. So I think you could call Trump’s plan ‘public investment to create private profit.’ That’s really his plan in a summary, it looks to me.”

This makes no sense as public policy. But it is consistent with the desire of capitalists to continually extract higher profits from any and all human activity. Similar to governments handing over their sovereignty to multi-national corporations in so-called “free trade” deals that facilitate the movement of production to locales with ever lower wages and weaker laws, public-private partnerships represent a plundering of the public sector for private profit, and government surrender of public goods. All this is a reflection of the imbalance of power in capitalist countries.

This is “the market” in action — and the market is nothing more than the aggregate interests of the most powerful industrialists and financiers. It also reflects that as capitalist markets mature and capital runs out of places into which to expand, ongoing competitive pressures will drive corporate leaderships to reduce expenses (particularly wages) and move into new lines of business. Taking over what had been the public sector is one way of achieving this, especially if public goods can be bought below fair market value and guarantees of profits extracted.

The ruthless logic of capitalism is that a commodity goes to those who can pay the most, regardless of whether it is something essential to human life.

TPP is not dead: It’s now called the Trade In Services Agreement

One can hear the cry ringing through the boardrooms of capital: “Free trade is dead! Long live free trade!”

Think the ideas behind the Trans-Pacific Partnership or the so-called “free trade” regime are buried? Sadly, no. Definitely, no. Some of the countries involved in negotiating the TPP seeking to find ways to resurrect it in some new form — but that isn’t the most distressing news. What’s worse is the TPP remains alive in a new form with even worse rules. Meet the Trade In Services Agreement, even more secret than the Trans-Pacific Partnership. And more dangerous.

The Trade In Services Agreement (TISA), currently being negotiated among 50 countries, if passed would prohibit regulations on the financial industry, eliminate laws to safeguard online or digital privacy, render illegal any “buy local” rules at any level of government, effectively dismantle any public advantages to be derived from state-owned enterprises and eliminate net neutrality.

TISA negotiations began in April 2013 and have gone through 21 rounds. Silence has been the rule for these talks, and we only know what’s in it because of leaks, earlier ones published by WikiLeaks and now a new cache published January 29 by Bilaterals.org.

Earlier draft versions of TISA’s language would prohibit any restrictions on the size, expansion or entry of financial companies and a ban on new regulations, including a specific ban on any law that separates commercial and investment banking, such as the equivalent of the U.S. Glass-Steagall Act. It would also ban any restrictions on the transfer of any data collected, including across borders; place social security systems at risk of privatization or elimination; and put an end to Internet privacy and net neutrality. It hasn’t gotten any more acceptable.

Photo by Annette Dubois

Photo by Annette Dubois

TISA is the backup plan in case the TPP and the Transatlantic Trade and Investment Partnership don’t come to fruition. Perhaps fearful that the recent spotlight put on “free trade” deals might derail TISA as it derailed TPP, the governmental trade offices negotiating it have not announced the next negotiating date. The closest toward any meaningful information found was the Australian government’s bland statement that the “Parties agreed to reconvene in 2017.”

The cover story for why TISA is being negotiated is that it would uphold the right to hire the accountant or engineer of your choice, but in reality is intended to enable the financial industry and Internet companies to run roughshod over countries around the world. And while “liberalization” of professional services is being promoted, the definition of “services” is being expanded in order to stretch the category to encompass manufacturing. Deborah James of the Center for Economy and Policy Research laid out the breathtaking scope of this proposal:

“Corporations no longer consider setting up a plant and producing goods to be simply ‘manufacturing goods.’ This activity is now is broken down into research and development services, design services, legal services, real estate services, architecture services, engineering services, construction services, energy services, employment contracting services, consulting services, manufacturing services, adult education services, payroll services, maintenance services, refuse disposal services, warehousing services, data management services, telecommunications services, audiovisual services, banking services, accounting services, insurance services, transportation services, distribution services, marketing services, retail services, postal and expedited delivery services, and after-sales servicing, to name a few. Going further, a shoe or watch that measures steps or sleep could be a fitness monitoring service, not a good. A driverless car could be a transport service, not an automobile. Google and Facebook could be information services and communication services, respectively.”

Why is it you are kept in the dark?

Before we get to the details of the text itself, let’s take a quick look at how the world’s governments, on behalf of multi-national capital, are letting their citizens know what they are up to. Or, to be more accurate, what they are not telling you. Many governments have not bothered to update their official pages extolling TISA in months.

The European Union is negotiating TISA on behalf of its 28 member countries, along with, among others, the United States, Canada, Mexico, Australia, New Zealand, Japan, South Korea, Taiwan, Chile, Colombia, Peru, Norway, Switzerland, Pakistan and Turkey.

In the United States, the new Trump administration has yet to say a word about it. The Office of the U.S. Trade Representative web site’s page on TISA still says “TiSA is part of the Obama Administration’s ongoing effort to create economic opportunity for U.S. workers and businesses by expanding trade opportunities.” Uh-huh. President Donald Trump is not against “free trade” deals; he simply claims he can do it better. The Trump administration has issued blustery calls for “fair deals” and braggadocio puffing up Donald Trump’s supposed negotiating prowess. A typical White House passage reads, “To carry out his strategy, the President is appointing the toughest and smartest to his trade team, ensuring that Americans have the best negotiators possible. For too long, trade deals have been negotiated by, and for, members of the Washington establishment.”

overlap-of-trade-dealsMore typical of the TISA negotiators is the latest report from the European Commission, which summarized the latest round, held last November, this way: “Parties made good progress in working towards an agreed text and finding pathways towards solving the most controversial outstanding issues at both Chief Negotiators and Heads of Delegation levels.” The Canadian government’s last update is from last June and declares “Parties conducted a stocktaking session to assess the level of progress on all issues.”

Traveling across the Pacific brings no more useful information. Australia’s government offers this information-free update: “Parties agreed to a comprehensive stocktake of the negotiations, identifying progress made and areas which require ongoing technical work.” New Zealand’s government can’t even be bothered to provide updates, instead offering only discredited, boilerplate public-relations puffery similar to other trade offices.

The one hint that TISA negotiations are experiencing difficulty that could be found through an extensive online search is this passage in a U.S. Congressional Research Service report dated January 3, 2017: “Recognizing that outstanding issues remain and the U.S. position under a new administration is unclear, the parties canceled the planned December 2016 meeting but are meeting to determine how best to move forward in 2017.” Given that the new administration is moving as fast as possible to eliminate the tepid Dodd-Frank Act financial-industry reforms, it would seem TISA’s provisions to dismantle financial regulation globally would not be a problem at all.

But that these talks are not progressing at the present time does not mean the world can relax. It took years of cross-border organizing and popular education to stop the TPP, and this effort will have to replicated if TISA is to be halted.

The details are the devils already known

Commentary accompanying Bilaterals.org’s publication of several TISA chapters stresses that the Trans-Pacific Partnership, despite its apparent defeat, is nonetheless being used as the model for the Trade In Services Agreement. Thus we are at risk of the TPP becoming the “new norm”:

“Several proposed texts from the failed Trans-Pacific Partnership (TPP) agreement have been transferred to TiSA — including state-owned enterprises; rights to hold data offshore (including financial data); e-commerce; and prohibitions on performance requirements for foreign investors. While these texts originated with the United States, they appear to be supported by other parties to the TPP, even though those governments were reluctant to agree to them in the TPP and will no longer be bound by that agreement. That suggests the TPP may become the new norm even though it has only been ratified in two of the 12 countries, and that was done on the basis of U.S. participation that no longer applies. TPP cannot be allowed to become the new ‘default’ position for these flawed agreements.”

Some of the most extreme measures have been dropped (at least for now) and much of the text is not agreed. Nonetheless, there is nothing to cheer about, Bilaterals.org reports.

“The effectiveness of opposition to TiSA has led governments to conclude that they cannot sell some of the more extreme proposals, which have thus been dropped from previous leaked texts. But the fetters on the rights and responsibilities of governments to regulate in the interests of their citizens from what remains would still go further than any single other agreement. There are no improvements on the inadequate protections for health, environment, privacy, workers, human rights, or economic development. And there is nothing to prevent developing countries becoming even more vulnerable and dependent in an already unequal and unfair global economy.”

Hypocritically, TISA would prohibit developing countries from adopting measures that countries like the United States used to facilitate its industrial development when it was an emerging country in the 19th century. In an analysis for WikiLeaks, Sanya Reid Smith of the Third World Network, an international coalition specializing in development issues, wrote:

“[T]he proposals in this text restrict the ability of developing countries to use the development paths taken by many of the developed TISA countries. Some experts call this developed countries ‘kicking away the ladder’ after they have climbed up, to prevent developing countries from developing the same way. … In TISA, the USA is proposing restrictions on host countries being able to require senior managers be citizens of the host country. Yet when it was a capital importer, the USA had the opposite law: its 1885 contract labour law prohibited the import of foreign workers, i.e. the USA required senior managers (and all other staff) be Americans, which increased the chances of skills being passed to locals.”

Letting banks decide what’s good for you

These proposals are more extreme than language in existing bilateral trade agreements. Many of TISA’s provisions are lifted from TPP, but some go beyond the latter’s already extreme proposals For example, not even the TPP contemplated the entire elimination of regulations of any kind against the financial industry. Article 14 of TISA’s annex on financial services, which had contained the most explicit language prohibiting regulation, has been removed, but Article 9 still contains language requiring no limitations beyond those applying to domestic financial firms. In other words, a smaller country would be required to allow a giant bank from a bigger country to take over its entire banking system.

Incredibly, regulations against financial derivatives yet to be invented would be illegal. A Public Citizen analysis states:

“TISA would require governments to allow any new financial products and services — including ones not yet invented — to be sold within their territories. The TISA Annex on Financial Services clearly states that TISA governments ‘shall permit’ foreign-owned firms to introduce any new financial product or service, so long as it does not require a new law or a change to an existing law.”

As another example, the financial-services annex (in article 21) would require that any government that offers financial products through its postal service lessen the quality of its products so that those are no better than what private corporations offer. Article 1 of the financial-services annex states that “activities forming part of a statutory system of social security or public retirement plans” are specifically covered by TISA, as are “activities conducted by a central bank or monetary authority or by any other public entity in pursuit of monetary or exchange-rate policies.”

That social security or other public retirement systems are covered is cause for much alarm because they could be judged to be “illegally competing” with private financial enterprises. It is conceivable that central banks could be constrained from actions intended to shore up economies during a future financial crisis if banks decide such measures “constrain” their massive profiteering off the crisis.

The countries negotiating TISA.

The countries negotiating TISA.

Article 10 of the annex continues to explicitly ban restrictions on the transfer of information in “electronic or other form” of any “financial service supplier.” In other words, EU laws guarding privacy that stop U.S.-based Internet companies from taking data outside the EU to circumvent those privacy laws would be null and void. Laws instituting privacy protections would be verboten before they could be enacted. These rules, if enacted, could also provide a boon to companies like Uber whose modus operandi is to circumvent local laws. The Bilaterals.org analysis accompanying the leaks notes:

“The main thrust of TiSA comes through the e-commerce, telecommunications, financial services and localisation rules and countries’ commitments to allow unfettered cross-border supply of services. Together they would empower the global platforms who hold big data, like Google, without effective privacy protections, and tech companies like Uber, who have become notorious for evading national regulation, paying minimal tax and exploiting so-called self-employed workers. Given the backlash against global deals for global corporations TiSA will simply add fuel to the bonfire.”

Who interprets the rule is crucial

The language of TISA, like all “free trade” agreements, is dry and legalistic. How these rules are interpreted is what ultimately matters. TISA contains standard language requiring arbitration by judges possessing “requisite knowledge”; that language means that the usual lineup of corporate lawyers who represent corporations in these tribunals will switch hats to sit in judgment. The tribunals used to settle these “investor-state disputes” are held in secret with no accountability and no appeal.

The intention of “free trade” agreements is to elevate corporations to the level of governments. In reality, they raise corporations above the level of governments because only “investors” can sue; governments and people can’t. “Investors” can sue governments to overturn any law or regulation that they claim will hurt profits or even potential future profits. On top of this, a government ordinarily has to pay millions of dollars in costs even in the rare instances when they win one of these cases.

Each “free trade” agreement has a key provision elevating corporations above governments that codifies the “equal treatment” of business interests in accordance with international law and enables corporations to sue over any regulation or other government act that violates “investor rights,” which means any regulation or law that might prevent the corporation from extracting the maximum possible profit. Under these provisions, taxation and regulation constitute “indirect expropriation” mandating compensation — a reduction in the value of an asset is sufficient to establish expropriation rather than a physical taking of property as required under customary law. Tribunal decisions become precedents for further expansions of investor “rights” and thus constitute the “evolving standard of investor rights” required under “free trade” agreements. TISA contains the usual passages requiring “equal treatment.”

At bottom, “free trade” deals have little to do with trade and much to do with imposing corporate wish lists through undemocratic means, including the elimination of any meaningful regulations for labor, safety, health or the environment. TISA is another route to imposing more of this agenda. And the TPP itself isn’t necessarily dead — both Chile and New Zealand are holding discussions with other TPP countries to salvage some of the deal. Chile has invited TPP countries, plus China, to a March summit and the New Zealand trade minister is visiting Australia, Japan, Mexico and Singapore.

Working people around the world scored a major victory in stopping the TPP, at least in its current form. The activists who achieved this deserve much credit. But there is far more to do. Capital never rests; nor can we. Here we have class warfare in naked fashion, and there is no doubt on which side the capitalist world’s governments lie.