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Concerns US Priest Faces Jail For Refusing To Break Confession Seal

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The U.S. Supreme Court has declined to hear a petition from a Louisiana Catholic diocese that fears a civil lawsuit could force a priest to violate the seal of confession or go to jail.

The Diocese of Baton Rouge and diocesan priest Father Jeff Bayhi were disappointed by the decision, which the diocese said has “significant ramifications for religious freedom in Louisiana and beyond.”

“The diocese and Fr. Bayhi will continue their efforts to protect the guarantees of religious freedom set forth in our state and federal constitutions, and are confident that those efforts will, in due course, be successful,” the diocese said in a Jan. 20 statement.

The diocese and the priest are considering “a number of options” for other constitutional challenges in the case.

The U.S. Supreme Court has let stand the Louisiana Supreme Court’s May 2014 ruling that a court hearing is necessary to determine whether state law protects a priest’s conversation during confession with a minor about an alleged sexual abuser in the parish.

Catholic priests are bound to observe the seal of confession and cannot not reveal to anyone the contents of a confession or whether a confession took place. Priests who violate the seal are automatically excommunicated.

At issue is a civil lawsuit involving a woman who said that in 2008, when she was a minor, she told Fr. Bayhi that she was being abused by a parishioner. The alleged conversation with the priest took place during the Sacrament of Confession. The woman is now in her early 20s.

The young woman’s family is now suing the priest and the diocese for damages, saying they were negligent in allowing the abuse to continue, The Times-Picayune newspaper reports. The estate of the man who allegedly molested the woman is also named in the suit. The accused man died in 2009.

A trial court had denied the diocese’s motion to prevent any plaintiffs from testifying about any confessions that may have taken place between the then-minor and the priest. However, a state appeals court had ruled that the alleged confession was legally confidential and that the priest was not a mandatory reporter.

Later, the Louisiana Supreme Court overturned the appeals court. It said that a fact finding hearing should determine whether the priest had the duty to report alleged abuse under the state’s mandatory reporting law. It noted that Louisiana law requires any mandatory reporter to report suspected abuse “notwithstanding any claim of privileged communication.”

The Louisiana Supreme Court also ruled that under state law the priest-penitent privilege belongs to the penitent, not to the priest, and if the penitent waives the privilege then the priest “cannot raise it to protect himself.”

In September 2014, the diocese characterized the legal issue as something that “attacks the seal of confession” and an “attempt by the plaintiffs to have the court compel testimony from the priest.”
Thomas McKenna, the president of the San Diego-based group Catholic Action for Faith and Family, also expressed disappointment that the U.S. Supreme Court declined to give a hearing to the question.

“We had hoped that the Supreme Court would clarify the issue once and for all,” said McKenna, whose organization joined several other groups in filing legal briefs in support of the Baton Rouge diocese and the priest.

He suggested that the plaintiff attorneys modified their position in response to the briefs and began to voice uncertainty about whether they would call the priest to testify about anything he allegedly heard in confession.

“That’s a success,” McKenna said. “Because all these briefs were filed, they changed their tone, and that’s probably why the Supreme Court didn’t accept hearing the case right now.”

If the plaintiff attorneys do call the priest to testify, he said, “we would revisit the case again.”

However, McKenna warned that the case threatens to advance a significant change in American culture when respect for religious freedom is already on the wane.

“This is unprecedented in the history of our country,” he said, saying that a state supreme court has never before ruled that a priest would have to violate the seal of confession.

“We have a civil court calling a priest and disregarding his religious perspective, saying that this is a civil matter and we don’t care what your religion says. You have to tell us.”

“The state has no right to demand from him that he break his vow. That’s what’s very concerning and scary,” McKenna continued. “What you have is the state telling the religion that they have to re-structure and re-order its religion.”

McKenna encouraged Catholics to pray for Fr. Bayhi.

The post Concerns US Priest Faces Jail For Refusing To Break Confession Seal appeared first on Eurasia Review.


Fallacies Of War On Terror: Iran, Sectarianism And Extremist Ideology – Analysis

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By Riad Kahwaji*

The West and its Arab allies must bridge the gap dividing their respective interests vis-à-vis Iran if any tangible progress is to be made in the war on terrorism. Although Arab countries appear to be on the same side as Iran in the war against the radical groups in Iraq and Syria, Iranian deployment of fighters in Iraq and Syria and its support for Houthi rebels in the ongoing Yemeni conflict portrays the wider regional dimension of Iran’s bid for greater influence in the Middle East. Arab leaders continue to perceive Tehran as a serious threat to the regional balance of power, preventing any genuine progress in the ongoing war on terrorism that has taken on an ethno-sectarian dimension.

The, once secret, presence of Iranian fighters in Syria and Iraq is now acknowledged by officials in Tehran and Baghdad who refer to them as “Iranian military advisors.” Iran has sent in several thousand Shiite Revolutionary Guard fighters into Iraq and Syria to fight the predominantly Sunni radical groups. Even though the Western capitals may not have welcomed Iran in the fight on the Alliance’s side, they appear to tolerate it and have, however obliquely, provided air support for Iranian Revolutionary Guard troops fighting alongside Iraqi troops and Shiite militias on several occasions. Photos of the commander of the Al Quds Force of the Iranian Revolutionary Guards (IRGC), General Qassem Suleimani, on the frontlines in Iraq have been widely circulated on social media platforms and one of Suleimani’s senior officers, General Hamid Taqawi, was recently killed by an ISIS sniper in Iraq. Scores of IRGC fighters were killed in Syria fighting alongside the troops of the Syrian regime.

The Syrian revolution has, in the past 4 years, evolved into a sectarian war between the predominantly Sunni rebels and the mostly Alawite troops of the Syrian regime, Iran’s strategic all y. ISIS and Al Qaeda groups broke ranks with the Syrian rebels and the war in Syria has become a conflict between a multitude of players on various fronts, primarily between rebels and the Syrian regime, and between ISIS and both the moderate rebels and the Syrian regime. Al Qaeda-affiliated groups have also clashed with both ISIS and some of the moderate rebel groups associated with the West.

Arab officials from Saudi Arabia, Bahrain and the United Arab Emirates attending the Manama Dialogue last December repeatedly voiced their resentment for the presence of IRGC fighters in Iraq and Syria, and warned against the hidden agenda of Tehran in spreading its influence throughout the region. Western officials at the Manama Dialogue either ignored the Arab concerns or played them down, which proves there is a split between the allies on the role of Iran in the war on terrorism and how to deal with Shiite militiamen and IRGC fighters engaged in what is clearly a sectarian war in Iraq and Syria. Various reports have emerged out of Syria and Iraq about villages and towns being cleansed on a sectarian basis by Shiite fighters affiliated with Iran. Meanwhile, efforts by Washington to mobilize Arab Sunni tribes in Iraq against ISIS are yet to be implemented despite repeated statements by American and Iraqi officials about the importance of Sunni tribes in winning the war on the terrorist groups in Iraq and Syria.

Another major point of difference between the Western forces and their Arab allies is on how to deal with Syrian regime troops. While Arab countries plus Turkey have insisted that the only way to effectively fight and defeat ISIS in Syria is through weakening the Syrian regime’s military capabilities, Washington has so far refused to endorse any plan that would impose a no-fly zone or create safe zones in Syria that would allow moderate Syrian rebels to group and train to take on ISIS. Some U.S. officials who wished to remain anonymous stated that Washington wants to deny any action against Assad’s forces in order to avoid antagonizing Iran at a crucial phase of the nuclear talks with Tehran.

Over a year ago, Iran signed an interim agreement with the five permanent members of the U.N. Security Council plus Germany (G5+1) to impose some restrictions on its nuclear program in return for the partial lifting of economic sanctions on Iran. Washington is still hoping to reach a final agreement with Iran on its nuclear program despite the failure of recent attempts. U.S. President Barack Obama has reportedly sent a secret letter to Iranian Supreme Leader Ali Khamenei offering U.S. support to Iran in the war on terrorist group in return for Tehran’s concessions on the nuclear file. This proves a hidden agenda by Washington to collaborate with Iran in the war against Sunni radical groups without the knowledge of America’s Arab allies.

Arab Gulf countries are very suspicious of Western policies towards Iran. It appears that the West is allowing Iran to spread its influence in the region under the pretext of combating terrorism, while leaving the Iranian militarization of Shiites in the Arab world and beyond entirely unchecked.

The recent major advancements made by the Iranian-backed Houthi forces, which is made up of Zaidis (a Shiite-offshoot group) in Yemen and clashing with Sunni tribes has increased the anxiety of Arab Gulf countries. The spread of Iranian-backed Shiite militias in Iraq, Syria and Yemen have heightened sectarianism in the region. Moderate Arab countries which are endeavoring to contain the situation and subdue any local extremist elements and prevent them from joining ISIS or Al Qaeda, will find themselves losing this battle as Sunni communities become more self-mobilized and militarized. One recent example was the two Lebanese suicide bombers who detonated their explosives in an Alawite neighborhood coffee shop in Lebanon’s northern city of Tripoli. The attack was claimed by Al Qaeda-affiliated group in Syria. While it was not the first suicide attack in Lebanon, it was the fifth one by Lebanese militants. The Lebanese Sunni community was long regarded as a moderate one, but now things are changing largely due to the growing influence of Iranian-backed Shiite groups in the region.

In Yemen, Al Qaeda elements have gained strength in recent weeks as a result of the Houthi offensive and are likely to regain territories once lost to the military in the south as a result of the sectarian war sweeping the country and the growing disintegration of armed forces along sectarian lines. Thusly, it is highly likely that some, if not all, of the Sunni tribes of Yemen will ally with Al Qaeda to fight off the Houthis, which will eventually complicate the ongoing war on terrorism.

The current lack of a comprehensive strategy by the West and the split with their Arab allies on how to conduct this war will only strengthen both Iran and the extremist Sunni forces. While daily airstrikes by the International and Arab Alliance are slowly degrading the capabilities of ISIS, the ideology of the extremist group maintains its appeal and is able to recruit young men from thousands of miles away. While the Al Qaeda ideology strongly focuses on the threat of the Western Christian invaders, the ISIS ideology gives equal priority to the Persian-Shiite threat. A simple review of the ISIS language in their advanced propaganda machine reveals the level of emphasis given to what they refer to as Iranian “Safavid” and Shiite “Rawafed” threat. It is mentioned more than the Israeli threat and, at times, associated with it. Today, Iran is perceived by large swathes of the Sunni Arab world as a rising Western ally who is being allowed by the West to spread Shiite-Persian control of Arab-Sunni land.

The Arab Sunni masses hear their leaders speak about the Iranian threat as well as the threat of extremists. This is certainly creating confusion amongst the people on the street as they are trying to decide which group constitutes a greater threat: The extremist groups or the Shiite militias backed by Iran? Simple political logic dictates that Sunni extremist groups can only be defeated by moderate Sunni forces. Sending in Shiite militias to do the job is viewed with as much acrimony as sending in Western Christian forces. Also, political logic dictates that tackling a Sunni extremist group in a sectarian war environment, as is the case in Syria and Yemen requires first ending or subduing the civil war to enable the moderate Sunni or national forces to uproot the terrorists.

Continuing to ignore these facts will lead to a failed strategy in combating terrorism and subsequently a prolonged war with the extremists that will not be confined to the current battlefields of Syria, Iraq and Yemen, but will spill over across the Middle East and beyond. In short, Iran’s policy of exporting the revolution must be halted and Tehran must normalize ties with Arab Gulf countries in order for the Alliance to have a real chance of winning the war on terrorism. Anything short of this will lead to a long series of sectarian wars giving rise to the unabated spread of extremist groups.

*Riad Kahwaji, CEO, INEGMA

The post Fallacies Of War On Terror: Iran, Sectarianism And Extremist Ideology – Analysis appeared first on Eurasia Review.

Europe: What Went Wrong? – OpEd

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By Ronald J. Granieri*

Back in April 2012, I presented a paper at a meeting of the FPRI Study Group on America and the West with the catchy title, “Who Killed Europe?” Later published as an FPRI E-Note, that essay, written in the early stages of the Euro financial crisis, tried to disentangle the responsibility for Europe’s mounting problems. I ended with something of an evasion, concluding that, as in the denouement of Agatha Christie’s Murder on the Orient Express, pretty much everyone—from the allegedly profligate and irresponsible southern Europeans to the parsimonious and self-satisfied German, English, and French leaders of the EU, not to mention Europe’s supposed American ally and the international economic system generally—had a hand in the crime.

My reference to collective responsibility, however, was not intended to let everyone off the hook. Rather, by showing how many different ways European leaders, allies, and publics had damaged the European project I hoped to make a case for collective action to salvage it. It’s not just a matter of making the Greeks live within their means, or to get the Germans to loosen up about inflation.

Hoping for collective action was of course not the same as expecting it. I ended that talk with the consciously provocative assertion that “any effort to reverse the disintegration of Europe will require more than another series of technocratic fixes and high-level photo opportunities. It will require European leaders to consider where they want Europe to go, and to be honest with both themselves and their electorates about their vision. It will require them to take significant political risks. Which is why such a reversal is extremely unlikely.”

Well, more than two years have passed, and the news is only vaguely better. Although no one speaks of the breakup of the EU or even the collapse of the Euro in the same apocalyptic tones that dominated the discussion in 2012, Europe is still far from healthy. A tentative recovery has faded, and the Continent’s economies are facing a triple dip recession. Even the strong German economy is sputtering, while especially battered states such as Spain and Greece continue to face astronomical levels of unemployment, especially among the young, which threaten the future of their societies. Greek politicians and the public, chafing under the burdens of ECB-imposed austerity, have rebelled, forcing an early election in late January that has not only inspired discussion of substantial changes in Greek policy but also resurrected an unwelcome discussion of the “Grexit” from the common currency.

Meanwhile, last May’s European Parliament elections saw a rise in voting for protest and anti-EU parties. In Britain, Nigel Farage’s UK Independence Party showcased its ability to siphon votes away from David Cameron’s Tories. In France, Marine Le Pen’s xenophobic Front National scored more votes than any other party. In Germany, the Alternative für Deutschland continued its growth, which has since led to success in state elections. Most disturbing was the result in Hungary, where Viktor Orban’s Fidesz party, along with an even more disturbing far right Jobbik, signaled the increasing distance of frustrated Hungarian voters from the liberal political and economic models of the West.

Even if the anti-European parties themselves cannot agree on their concerns or their plans for improvement, the vote suggests a free-floating malaise in Europe, a lack of enthusiasm for the EU in general that does not necessarily lead to any specific policies, but is certainly not healthy.

Europe’s economic problems would be bad enough on their own, but they pale in comparison to the pressing problems of violence from without and within. Russian intervention in the Ukraine helped to turn a political revolt into a civil war, and threatens to cause an even greater regional conflagration. Meanwhile, the horrific attack by Islamic extremists on the staff of the French satirical weekly Charlie Hebdo both reminded Europeans of the ways that international conflict can reach into their greatest cities and rekindled still-tendentious debates about immigration, national identity, and religious pluralism. In both cases, the response of the European political class has been uneven. Although Europe has joined with the United States in imposing economic sanctions on Russia, the cacophony of voices in the various European capitals has raised serious questions about the long-term willingness and ability of European institutions to maintain a firm policy. Similarly, although European political leaders assert their commitment to freedom of expression and pluralism, the failure of those same leaders to make a clear and affirmative case for Europe has left the initiative with the nativists and nationalists, whose fear and loathing for their Muslim fellow citizens is matched only by their contempt for Brussels and all it represents for the European project.

European leaders continue to meet, and committees continue to discuss plans for this or that technical solution, while national leaders continue to rail against Brussels to serve local purposes. It’s business as usual. To quote General George Marshall from a different context, “the patient is sinking while the doctors deliberate.”

Even as I make that last comment, however, I am aware of the potential objections. Certain of my colleagues in the European studies business complain that American news media and politicians, out of either ignorance or malevolence, only report the bad news out of Europe. Things are actually great, they assure me, as long as you measure by the proper yardsticks. Life is still good in Europe, they say—the cafes are still open, the welfare state is still stable, and the educational system is still brilliant. Bookshelves groan with volumes praising everything from the elegance of French women to the superiority of French parenting. Europeans are still much more cultured, with better clothes, longer vacations, and better food than anyone on this side of the Atlantic.

The high politics of Europe may be dysfunctional, this argument runs, but that is not nearly the most important thing. That the EU or even the smaller subset of its larger states has not been able to act decisively in current diplomatic and military crises is not a sign of weakness, but of European cultural superiority over muscle-bound Americans with their fixation on hard power. For these fans of Europe, the organizational and material failures of the European Union, and even the complexities of geopolitics are irrelevant; Europe is just fine as it is.

Whenever I hear such arguments, I can only think of former German Foreign Minister Joschka Fischer’s response to Donald Rumsfeld’s case for the Iraq War in March 2003: “Sorry, but I’m not convinced.”

That Europe remains a nice place to live if you are a well-paid member of the educated elite I have no doubt. That European governments provide greater stability and public services than the United States I will also allow. Indeed, beneath the surface of politics, European institutions continue to operate, and plans for intensified European-American trade in the ambitious Transatlantic Trade and Investment Partnership (TTIP) also continue. But the failure of European institutions to build and maintain a political consensus in favor of their existence, continuing to rely instead on tired sufferance and acquiescence rather than enthusiasm for their continued existence, should give no one comfort. That would be true even if Europe had not compounded its internal weakness by proving itself incapable of acting with consistent and unified determination in favor of the values it claims to prize.

Indeed, even the supposed advantages of TTIP have been obscured by the utter failure of any of the governments to make a public case for it. Europeans may be full of self-confidence, but the European project continues to suffer from an identity crisis with no foreseeable end.  I think that is a terrible historical tragedy. European integration is a great adventure, a potential triumph for humanity that no one cares about, a story that few tell and none embrace.

My grim predictions may actually cheer some people on this side of the Atlantic as well as over there. Euroskeptics, especially in the Anglosphere, are so hostile to the current organization of Europe that they act as though it doesn’t matter if the EU fails. Indeed, some of them cheer on the failure, to prove that their continuous objections were true. Be they Nigel Farage or Marine Le Pen or Patrick Buchanan, they welcome the failure of Europe with the same enthusiasm they applaud Russian aggression in Crimea. The connection between the two is not accidental.

Others, less cynical and sinister, continue to imagine that the long-awaited collapse of Europe will open the door for a new celebration of national sovereignty. Thoughtful people speculate about some kind of renewed Anglo-American trade area, allowing their political distaste for European social democracy to undermine their belief in western civilization.

It is a spectacle that should shock and depress people of good will, because it did not have to be this way. Just as there is a tendency in some quarters to believe that Europe can withdraw from geopolitics and enjoy its high standard of living in peace, there is a tendency in some quarters to assume that Europe is stagnant and unimportant, not worth the effort to understand, and the United States should pivot in another direction, whatever that is supposed to mean. But Europe remains connected to the world whether its likes it or not, and Europe’s responsibility to play an active role in the world extends beyond merely protecting the flow of imports and the safety of vacation spots. Europe also remains the United States’ largest trading partner, with annual business activity in excess of $4 trillion. It is also a geographical entity vital for any projection of American power. As the United States pivots to and from the Middle East, Africa, or Asia, it still relies on Cold War bases across Europe.

These were the reasons for the resurgence of the European ideal in the 1950s. There was a time when the idea of European integration both fired the imaginations of the young and figured importantly in the realistic foreign policy scenarios of the powerful. Especially since the formation of the European Economic Community in 1957, European leaders and those who wanted to see Europe learn and recover from the catastrophes of the preceding century hoped that a prosperous and united Europe could play a major world role—as a model for post-modern governance and transnational cooperation, a source of support for democratic development around the world, and an example of successful multicultural social democracy.

On 19 September 1946, one European statesman, surveying the material and moral wreckage of two world wars, told an audience in Zurich:

[There] is a remedy which, if it were generally and spontaneously adopted, would as if by a miracle transform the whole scene, and would in a few years make all Europe, or the greater part of it, as free and as happy as Switzerland is today.

What is this sovereign remedy? It is to re-create the European Family, or as much of it as we can, and provide it with a structure under which it can dwell in peace, in safety and in freedom. We must build a kind of United States of Europe. In this way only will hundreds of millions of toilers be able to regain the simple joys and hopes which make life worth living.

The process is simple. All that is needed is the resolve of hundreds of millions of men and women to do right instead of wrong, and gain as their reward, blessing instead of cursing.

That statesman, of course, was Winston Churchill. The same man whose contemporary acolytes treat the very idea of European solidarity with contempt and distaste. Five years later, in a speech in London, NATO Supreme commander Dwight Eisenhower, no starry-eyed idealist he, told members of the English-Speaking Union, “Europe cannot attain the towering material stature possible to its people’s skills and sprit so long as it is divided by patchwork territorial fences… But with unity achieved, Europe could build adequate security and, at the same time, continue the march of human betterment that has characterized Western Civilization.” It is much harder to find anyone willing to speak in these terms today.

What went wrong?

This is a consciously big question, and my goal tonight is to provoke conversation, so I will beg your indulgence as I offer three interrelated developments that have contributed to Europe’s current malaise:

First, there has been a failure of political imagination and leadership. The successes of the European project in the first postwar decades depended on the relationship between a public eager for new ideas and leaders who were willing to express their idealistic support for the project. I have mentioned Churchill but even more important were leaders such as Konrad Adenauer, Alcide De Gasperi, Paul-Henri Spaak, and Robert Schuman, who combined idealism with political skill. Even General Charles de Gaulle, who was unafraid to criticize aspects of the European institutions, spoke eloquently to the French and world publics that economic integration was not enough, and about the need for Europe to organize and cooperate. One seeks in vain for such leaders today. Encouraged to focus on their domestic concerns, they have discovered that there is no ready-made constituency for Europe, and thus have decided that it is not worth the effort to try to build it. It is a chicken-and-egg problem: the public is apathetic at best, hostile at worst. It is possible that vigorous and imaginative leadership would encourage them to reconsider the project, but no leader is going to risk a backlash from an apathetic/hostile public by hectoring them on a subject which does not appeal to them, so there is no leadership, which guarantees that the apathy and hostility will grow, encouraged by those who seek short-term advantage in fanning those flames.

The best lack all conviction, while the worst

Are full of passionate intensity.

This failure of imagination feeds the second larger problem, which I would call the loss of geopolitical urgency in Europe. Statesmen such as de Gaulle and Adenauer argued that European cooperation was necessary because only a strong and unified Europe could speak with one voice in the world and defend European interests. Decades of peace, and the peaceful end of the Cold War have encouraged too many Europeans that old conceptions of international politics no longer matter. By the 21st century, that expresses itself in a jumble of attitudes that imagined that Europe’s lack of a clear political center or a unified geopolitical identity were strengths rather than weaknesses, signs that the Europeans eschewed hard power and preferred soft power, whatever those terms are supposed to mean. In their rush to overcome the nation-state, too many Europeans believed that they should abandon the concept of the state as a geopolitical actor altogether. One can see that beginning of this transition already in the 1960s, when hopes for tighter political and military integration among the Six were cast aside in favor of broadening membership in the EC, believing that improved economic cooperation would be a good in itself, while the Europeans believed that someone else would maintain their security. Indeed, the superpowers, busily attempting to reach an accommodation in and around Europe, each in their own way encouraged the Europeans to focus on economic issues and to avoid concerted political action, to avoid the emergence of a coherent and confident rival. Furthermore, the recognition that building such a unified Europe would require significant political and material effort sapped the willingness of the next generation of leaders to bother to risk it, returning us to the first point.

Which leads to the third major problem, which I call Europe’s technocratic temptation. This has always been part of the European project, going back to one of Europe’s founding fathers, Jean Monnet, an economic planner who believed that practical measures, beneath the political, would build Europe while no one was looking. Recognizing that there may be quiet but practical benefits to economic and trade cooperation, European leaders have constructed institutions that operate behind the scenes.

There have been successes to be sure—Europeans today enjoy the benefits of a vast area in which people, goods, and capital can move freely, in which increasingly uniform regulations allow for ease of educational and work exchanges and familiarity of products.

Ironically, though, this technocratic development of Europe has fed the first two-philosophical/structural problems. Europeans may enjoy the benefits of this technocratic Europe, but they feel no affection for it. Indeed, the sense that Europe is governed not by elected representatives but by faceless regulators and bureaucrats is one of the most common arguments used by Europe’s detractors. The crowning achievement of this technocratic impulse, the Euro, tells us all we need to know. A common currency has eased trade, encouraged tourism and investment, and given much of Europe a practical proof of unity. Yet is also can be portrayed as a tool of central bankers, an element of undemocratic dominance, insulated against popular control. Europe’s critics have mobilized all of those arguments through the past years of crisis. Without an integrated Europe with legitimate federal institutions, the Euro was a fair-weather union whose legitimacy has been called into question as soon as times got bad.

For Europe to pull together in the face of this crisis of legitimacy will require both creative leadership and a sense of political urgency. Yet right now we see neither. Instead, Europeans and their friends appear to be doubling down on everything that has gone wrong. As we speak, the EU and the USA are continuing negotiation on TTIP, a perfect example of the technocratic impulse. Even as leaders in those countries speak among themselves about how important TTIP can be to strengthening the Atlantic Community, no one has been willing to make a vigorous case with the public. Instead, negotiations held in secret have only come to light in dribs and drabs, usually by writers who are hostile to the project, which they portray as an elite conspiracy by the economically powerful to undermine national sovereignty. They can portray it that way because that’s what it is. If the leadership has neither the courage nor the creativity to make its case, someone else will.

Europe seeks in vain for a leader. Its most powerful states are wracked by their own problems.

Britain is a disaster. Always ambivalent about Europe, the British are again toying with talking about leaving, and the political Britain is a disaster.  Always ambivalent about Europe, the British are again toying with talking about leaving, and the political class has been unable or unwilling to make anything like a case for Europe. The same leadership that told the Scots things would be “better together” acts as though cutting themselves off from Europe would be a good idea. David Cameron can’t decide whether he wants to be craven or irresponsible on the subject of Europe, so has decided to be both, alienating even the one political ally that he needs most, Angela Merkel. Earlier this year, he invited Merkel to speak at Westminster and advocate for the European idea. Reforms are possible, Merkel said then, but only if all partners work together, which led to her central pitch. “We need a strong United Kingdom with a strong voice inside the EU,” she said. “If we have that we will be able to make the necessary changes for the benefit of all.” Now, thanks to continued Cameronian pandering to the Tory Right, the Prime Minister has pushed the Chancellor to the brink of abandoning the idea of Britain as part of Europe. One can only threaten such an action for so long before someone takes you up on it, after all.

France is worse, tied up in its own problems, made that much more complicated by the repercussions of the Charlie Hebdo massacre. Germany under Merkel is facing its own internal problems, including not only the threat of the AfD but the rise of the PEGIDA protest movement, which combines hatred of the European Union with its opposition to further immigration and its fear mongering about the “Islamization of the West.” This is even before you get further to other European states where the combination of weakness and interest shapes their reactions to issues from the Euro’s future to the possibility of maintaining sanctions on Russia.

One of the greatest temptations for any so-called expert commentator is to claim to stand between two terrible alternatives and offer the wise middle course. I cannot completely avoid that temptation myself, and beg your indulgence. But when I look today at the arguments made by both critics and fans of Europe, I despair. One hears the skeptics more, of course, especially in this country, and especially among those who consider themselves to be practical realists. They dismiss Europe as a chimera and praise the nation-state, even as individual European nation-states obviously cannot stand up to the continental challenges of China, Russia, India, and even the United States—none of which are nation-states on the classical European model. We do not have any leaders of the practical stature of the great Bavarian conservative statesman Franz Josef Strauss, who rejected “the idea that any European state—no matter its name, no matter how glorious its history, no matter how impressive its traditions—will be recognized in Moscow as an equal partner. One cannot ignore the laws of mathematics.”

But even Europe’s fans depress me. Europhilia is the love that dare not speak its name in politics, but those who want to praise Europe mistake its weakness for strength, its irresponsibility for wisdom. Europe has much to offer the world, but only if it is engaged enough to care and strong enough to take political risks. An irrelevant, self-satisfied, and insular Europe is no help to anyone. Europe is in danger of becoming nothing but a tourist attraction, much like its great Cathedrals: empty monuments to the faith and wisdom and creativity of generations past, echoing with the footsteps of those who neither understand nor care about what they see, gathering dust as memories fade, their meaning receding from the minds of the living with every passing day.

That is how things are. Europhiles who deny this are not doing themselves or Europe any favors. But Skeptics who celebrate it are contributing to digging their own grave. We can all do better; we need to do better. Europeans need to seize the opportunity to display the creativity and bravery of earlier generations, and Americans should encourage their allies to do that.

I want to make a special plea to those so-called conservatives in the United States who dismiss the European project and want to write the Continent off. We spent four decades during the Cold War claiming that the Atlantic community was bound together by shared history and shared values. I for one happen to think that was all true. If it was true then, it is still true now. Recognizing that historical fact has profound significance for how we act today. Of course the United States can and should have connections to other parts of the world, and indeed should promote greater understanding between and among all of the people of the globe. But honestly, if the United States and Europe simply throw up their hands and imagine that it is impossible to understand or be understood by the other, despite how much we have in common, how much we share, how exactly do we hope to develop constructive relationships with other, much more different cultures and societies?

If we, Europeans and Americans, fail to nurture our common ties, fail to recognize that what binds us is so much greater than what divides us, fail to do the hard work to understand and communicate with each other, then we will have betrayed a sacred cultural trust, the ideals of the West. What’s more, we will have sacrificed an inheritance of generations for a mess of diluted pottage made up of self-satisfied capitalism and exclusivist nationalism that will not nourish or sustain us. The hour is late, but there is time, if only those of us who believe in the West are willing to do the hard work of repairing the damage and building a new future for Europe.

About the author:
*Ron Granieri is the Executive Director of FPRI’s Center for the Study of the America and the West and host of Geopolitics with Granieri, a monthly interactive program at FPRI and on the web. He is also Director of Research at UPenn’s Lauder Institute. This essay is based on his remarks to FPRI’s Princeton Committee in November 2014 (and updated to deal with recent events).

Source:
This article was published by FPRI.

The post Europe: What Went Wrong? – OpEd appeared first on Eurasia Review.

Jeffrey Sterling: A Black Man And The CIA – OpEd

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The Espionage Act was a nearly 100 year-old historic relic until Barack Obama came to office. The legislation was used by his predecessors in only three whistle blower prosecutions after it was enacted in 1917. Obama has used it in seven prosecutions in six years in office and never for actual instances of espionage.

Jeffrey Sterling is a former CIA case officer who stands accused of giving classified information to New York Times reporter James Risen. Risen’s book State of War included a chapter detailing how the CIA attempted to disrupt Iran’s nuclear program. Sterling was arrested in 2011 but his trial was delayed by a four year-long effort to force Risen to name his sources.

Sterling became a CIA employee in 1993. He was the case officer in charge of a Russian born agent who passed flawed nuclear plans to the Iranian government. As often happens to black people, everything changed for Sterling when he filed a discrimination complaint in 2000. The CIA successfully argued in court that Sterling couldn’t prove his discrimination claim without revealing classified information. His top secret security clearance was revoked in retaliation and he was placed on administrative leave until his termination in 2002.

The attention on this case had focused on Risen and the Obama administration’s insistence that he reveal his sources. The prosecution admitted defeat when they suddenly announced they wouldn’t call Risen to testify, but what they gave with one hand they took with the other. They requested that the defense actually be prevented from calling Risen to testify. Fortunately the judge rejected that request, but Sterling’s troubles are far from over.

The odds are against any black person on trial in this country but Sterling is in particularly dangerous waters. One of his former CIA colleagues, John Kiriakou, is serving a two and a half year sentence for revealing information about torture at Guantanamo. So far he is the only person to have been prosecuted in regards to government-sanctioned torture. The architects of the program and the torturers themselves are all free men and women.

Whether Sterling is guilty or innocent of the charges filed against him is actually less important than the fact that he is in court at all and charged with violating the Espionage Act. All presidents complain about leaks and whistle blowing but the Obama administration has exceeded all of its predecessors in the level of its zeal.

They do maintain historical precedent in one regard. They continue the practice of selective prosecutions and going after the smaller fish only. The three most recent CIA directors, Leon Panetta, David Petraeus and John Brennan all leaked to the media at various moments they considered opportune. David Petraeus was forced to resign in 2012 following revelations of an affair with a woman who was also his biographer. He was not just accused of adultery but of sharing classified information with her.

Despite the serious nature of the accusation, Petraeus never lost his security clearance and, according to some media reports, continued to advise the Obama administration. Despite an FBI recommendation of federal prosecution, Dianne Feinstein, former chairwoman of the senate intelligence committee, says that Petraeus has “suffered enough” and should be let off the hook. No powerful person has vouched for Sterling.

Jeffrey Sterling has impressive credentials. He is an attorney and he learned the Farsi language in order to undertake his mission against the Iranian government. But he isn’t a general with medals on his chest and he isn’t white. In the end, he was done in by naivete, the destroyer of many a black person.

The purpose of the CIA is to further the interests of American foreign policy, which is never on the side of self-determination or sovereignty of other nations. The CIA has overthrown governments in Iran, Guatemala and Vietnam to name just three. Patrice Lumumba in Congo and Salvador Allende in Chile died because of CIA interventions in their countries. The CIA lied about WMD in Iraq in order to make the case for war and the inevitable mass death that came along with it.

The CIA’s crimes aren’t limited to destabilizing foreign governments. The CIA charter specifically prohibits surveillance within the United States but that rule has been violated many times since the organization was founded in 1947. Its “Operation Chaos” was dedicated to spying on peace activists in the 1960s. As recently as 2011, the CIA worked hand in hand with the NYPD to spy on Muslims in New York City.

Sterling lay down with dogs and got up with fleas. He is like many black people who make what appear to be good career choices by taking supposedly prestigious jobs. Inevitably the prestige doesn’t filter down to them and the missed promotions, salary inequities and various forms of mistreatment surface. The discrimination complaint is usually the last straw of suffering.

In Sterling’s case not only did it end his career but immediately made him a suspect in the leak investigation. Whether he passed information to Risen or not, Sterling is surely innocent of espionage. He is not however entirely innocent because his former employer is guilty of many crimes and Sterling was an accessory.

It is easy to feel the pull of racial solidarity when a black man is in a Virginia courtroom with his fate in the hands of an all white jury. Of course feelings of solidarity have given cover to the biggest criminal of all, the current president Barack Obama. Ironically, the bigger criminal will escape punishment. Barring some unforeseen stroke of luck, Sterling is on his way to jail. Obama is on his way to book deals, corporate speeches, and a lifetime of ease and big money. The cogs in the machine must never forget they are just that. They pay a huge price when they step out of line. Just ask Jeffrey Sterling.

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Quantitative Easing Necessary But Not Sufficient, Say Economists

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Business leaders and policy-makers gathered for the 45th World Economic Forum Annual Meeting in Davos-Klosters told participants that Europe needs quantitative easing but that monetary policy alone will not restore growth and jobs to the region.

“We’re all for quantitative easing in Europe, but it’s not enough,” Lawrence H. Summers, Charles W. Eliot University Professor, Harvard University, US, said. Summers said that quantitative easing was likely to be less effective in Europe than it was in the Unites States since Europe already has very low interest rates and European banks are less able to transmit monetary expansion to the wider economy. Summers urged Europe to embark on fiscal stimulus and said that “deflation and secular stagnation are the risks of our time”.

Gary D. Cohn, President and Chief Operating Officer, Goldman Sachs, USA, said that the US economy is strong but weakness elsewhere would make it hard for the Federal Reserve to raise interest rates. He said the dollar’s strength, which could have a chilling effect on the US economy, would also encourage US monetary authorities to keep rates low. “We’re in a currency war. One of the easier ways to stimulate your economy is to weaken your currency,” he said.

Ray Dalio, Chairman and Chief Investment Officer, Bridgewater Associates, USA, said that a weaker currency has to be part of the solution for Europe’s problems, given many European countries’ lack of competitiveness. “Forceful QE and forceful structural reforms, including currency adjustment, are what is needed,” he said. Dalio expressed concern that with interest rates at or near zero, central banks have lost their traditional method for stimulating economies. Fiscal policy now must work together with monetary policy to stimulate growth. “Monetary policy that helps fund deficits, that monetizes the deficits, is a path to consider.”

Dalio added that “Spain has done a wonderful job with structural reforms. It is a model.” He noted that the fastest growth often comes from countries that successfully implement structural reforms, such as China in the recent past.

Christine Lagarde, Managing Director, International Monetary Fund (IMF), Washington DC; World Economic Forum Foundation Board Member, also complimented Spain on its reforms. She said that Europe’s monetary union is still quite young but has nonetheless moved forward quickly. “Massive progress has been made in the last five years. More progress has to be made in terms of fiscal union and banking union.”

“I am confident that Europe can make it,” Ana Botín, Chairman, Banco Santander, Spain, said. She said Europe is now seeing a great deal of foreign investment, including in her own bank’s recent capital rise. Some European countries are successfully implementing structural reforms to increase competitiveness. Automobile factories in Spain are now more productive than those in Germany. “We are making progress,” she said. “It takes time for a region to unify.”

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Saudi Arabia: King Abdullah Dies, Crown Prince Salman New Ruler

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Saudi Arabia’s Custodian of the Two Holy Mosques King Abdullah bin Abdulaziz has died, according to state television reports. It is thought that King Abdullah was around 90.

According to Saudi state television reports, King Abdullah has passed away and his brother Salman bin Abdulaziz, reported to be around 79, has been named as king of Saudi Arabia.

King Salman has called on the family’s Allegiance Council to pay allegiance to Muqrin as his crown prince and heir.

King Abdullah had been admitted on Dec. 31. to King Abdul Aziz National Guard Medical City in the capital with pneumonia.

According to a statement, “His Highness Salman bin Abdulaziz Al Saud and all members of the family and the nation mourn the Custodian of the Two Holy Mosques King Abdullah bin Abdulaziz, who passed away at exactly 1 a.m. this morning (Friday).”

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Japan Attempts To Free Daesh Hostages In Last Attempt

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Tokyo is seeking help in the Middle East in a bid for the release of Japanese hostages held by the ISIL terrorists as a three-day ultimatum for a $200-million ransom enters day two.

Japanese Prime Minister Shinzo Abe said on Wednesday that the government was using “all diplomatic channels and routes possible… to ensure the release of the two people,” who recently appeared in an ISIL video in which a militant threatened to kill them demanding a ransom within 72 hours.

“We are fighting against time, and we’ll make an all-out effort,” said the Japanese premier after convening a cabinet meeting following his return from a six-day Middle East tour.

Abe said he was consulting with the leaders in the region as Vice-Foreign Minister Yasuhide Nakayama left the Japanese embassy in the Jordanian capital Amman for an unknown location in the city.

Jordanian media said later that he met with King Abdullah II.

The ISIL footage, which was posted online on Tuesday, showed the two kneeling captives in orange jumpsuits along with a knife-brandishing masked militant who demanded the ransom in return for the $200 million Abe had pledged earlier to support the campaign against the ISIL.

Original article

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Ethiopia: Media Being Decimated, Says HRW

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The Ethiopian government’s systematic repression of independent media has created a bleak landscape for free expression ahead of the May 2015 general elections, Human Rights Watch said in a report released today. In the past year, six privately owned publications closed after government harassment; at least 22 journalists, bloggers, and publishers were criminally charged, and more than 30 journalists fled the country in fear of being arrested under repressive laws.

The 76-page report, “‘Journalism is Not a Crime’: Violations of Media Freedom in Ethiopia,” details how the Ethiopian government has curtailed independent reporting since 2010. Human Rights Watch interviewed more than 70 current and exiled journalists between May 2013 and December 2014, and found patterns of government abuses against journalists that resulted in 19 being imprisoned for exercising their right to free expression, and that have forced at least 60 others into exile since 2010.

“Ethiopia’s government has systematically assaulted the country’s independent voices, treating the media as a threat rather than a valued source of information and analysis,” said Leslie Lefkow, deputy Africa director. “Ethiopia’s media should be playing a crucial role in the May elections, but instead many journalists fear that their next article could get them thrown in jail.”

Most of Ethiopia’s print, television, and radio outlets are state-controlled, and the few private print media often self-censor their coverage of politically sensitive issues for fear of being shut down.

The six independent print publications that closed in 2014 did so after a lengthy campaign of intimidation that included documentaries on state-run television that alleged the publications were linked to terrorist groups. The intimidation also included harassment and threats against staff, pressure on printers and distributors, regulatory delays, and eventually criminal charges against the editors. Dozens of staff members went into exile. Three of the owners were convicted under the criminal code and sentenced in absentia to more than three years in prison. The evidence the prosecution presented against them consisted of articles that criticized government policies.

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Saudi Arabia’s King Abdullah Dies

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Custodian of the Two Holy Mosques King Abdullah has died, state television reported early on Friday and Crown Prince Salman became king, it said in a statement attributed to the new ruler. He was 90.

King Salman has called on the family’s Allegiance Council to pay allegiance to Muqrin as his crown prince and heir.

King Abdullah ascended the throne on Aug. 1, 2005, following the death of King Fahd. During his reign, King Abdullah has been responsible for significant social, economic, cultural and political reforms. This includes empowering women politically, granting foreign scholarships to thousands of students, building economic cities and constructing specialized hospitals.

King Abdullah was hospitalised in December suffering from pneumonia.

He died on Friday “at 1:00 am (2200 GMT)” and would be buried later in the day following afternoon prayers, said the statement.

Salman had been representing the king at most recent public events because of the monarch’s poor health.
King Salman, 79, was named crown prince in June 2012 following the death of Prince Naif.

In March 2014, King Abdullah named Prince Muqrin as a second crown prince.

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How China Exploits Loophole In International Law In Pursuit of Hegemony in East Asia

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By James Kraska

Who “minds the gap” in the South China Sea? The gap, that is, created in international law concerning the use of coercion or aggressive force and the right of self-defense of victim states. China exploits this gap in the international law on the use of force to compel its neighbors to accept Chinese hegemony in East Asia. By using asymmetric maritime forces – principally fishing vessels and coast guard ships – China is slowly but surely absorbing the South China Sea and East China Sea into its domain. And it does so by exploiting a loophole in international law created by the International Court of Justice (ICJ) that makes it impossible for regional states to respond effectively. This legal dimension of the international politics of the maritime disputes in East Asia is not widely understood, but it is at the core of Chinese strategy in the region.

China’s Strategy

In pursuing its grand design, China must overcome resistance from three groups of antagonists. First, China has to overwhelm Japan and South Korea in the East China Sea and Yellow Sea. The plan: divide and conquer. Make sure Japan and Korea dislike each other more than they dislike China. So long as Japan and South Korea nurse historical grievances, China reaps the gain.

Second, Beijing must “Finlandize” the states surrounding the South China Sea by bringing the semi-enclosed body of water into its orbit. The plan: use a suite of carrots and sticks to bring its much weaker “frenemies” — Vietnam, the Philippines, Malaysia, Indonesia, and Brunei — into line. Likewise, the split in ASEAN plays to China’s advantage. This strategy is by itself a powerful approach, and the first 150 years of U.S. domination and division sowed in South America provides an excellent roadmap for a gangly imperialist.

Finally, Beijing has to position itself to prevent interference by the two major maritime powers from outside the region that could stop it. Only the United States and India are positioned to check China’s ambition. The plan: bring pressure to bear within the region without risking great power naval war. In particular, avoid a clear-cut incident that might trigger the U.S. security agreements with Japan, Korea, or the Philippines.[1] In pursuit of these three plans, China applies pressure across the spectrum of low-level coercion, but is careful not to cross the threshold of what is considered an “armed attack” in international law, and therefore trigger the right of individual and collective self-defense.

For example, beginning in 1999, China declared a seasonal “fishing ban” throughout the South China Sea, even though it has no legal competence to regulate fishing outside of its own 200 nautical mile excusive economic zone (EEZ). The farthest reaches of the Chinese ban stretch more than 1000 miles from the southern tip of Hainan Island. The fishing ban purports to manage fish stocks in the EEZs of Vietnam, the Philippines, Malaysia, Indonesia, and Brunei. Imagine if the United States began to control fishing vessels and oil platforms in Mexico’s EEZ.

China also has been relentless in promoting an historic right to the islands and features, and virtually all of the ocean area, of the entire South China Sea. The world is uniformly dismayed at China’s unflappable and indignant claim to “historic waters” in the South China Sea. Maritime claims are based on the rules set forth in the United Nations Convention on the Law of the Sea (LOSC), which China joined in 1996. Beijing’s expansive claims, however, are based on the 9- (now 10-) dashed line that was published by the Republic of China in 1947. Although a fundamental precept of the sources of international law is that the “later in time prevails,” China unabashedly touts the dash-line claim as trumping its legal obligations in the Law of the Sea Convention.[2]  China has also renewed historic claims in the East China Sea over the Senkaku Islands, and in the Yellow Sea. Maritime claims constitute China’s greatest “unforced error” in its nom de guerre as a “peacefully rising” great power.

China’s Tactics

Beijing deploys a staggering variety and number of civil law enforcement and civilian commercial vessels and aircraft to press its claims and intimidate other nations. Fishing trawlers and fishery enforcement vessels are the vanguard of this policy, resulting in routine clashes with maritime security patrols in neighboring EEZs.[3] Defense News referred to China’s swarms of fishing vessels as “proxy enforcers” that work in concert with the Chinese Coast Guard  and People’s Liberation Army Navy (PLAN) to “circle a disputed area of contention or create a barrier to prevent access” by the naval forces of its competitors. China Marine Surveillance ships, for example, have completely closed the entrance to the vast lagoon of Scarborough Shoal, located 125 nm West of the Philippines and inside the Philippine EEZ. Sometimes, these incidents turn deadly. In December 2011, for example, a Chinese fisherman killed a South Korean Coast Guardsman that attempted to impound the Chinese boat for illegal fishing .

Fishing vessel swarms are “rent-a-mobs” at sea, yet they pose a sensitive dilemma for other countries in the region. If the fishing vessels are challenged by neighboring states’ maritime law enforcement, it appears that the fishermen are subjected to heavy-handed action. This political element also stokes righteous nationalism in China. On the other hand, if coastal states acquiesce in the actions of the fishing vessels, they cede jurisdiction and sovereign rights in their EEZs.

China first began using fishing vessels as irregular forces in the 1990s against the islands of Matsu and Jinmen to put pressure on Taiwan during periods of political tension.[4] Today China uses these tactics against Japan in the East China Sea and in the South China Sea against the Philippines, Vietnam, and Malaysia. China also has used fishing vessel swarms against Korea in the Yellow Sea. In 2009, when China confronted the USNS Impeccable special mission ship as it conducted military surveys 75 nm from Hainan Island, it used a flotilla composed of a naval intelligence vessel, a fisheries patrol boat, an oceanographic ship and two small cargo ships or fishing trawlers. Some of the vessels appeared to be manned by Chinese Special Forces.[5]

In order to forge stronger unity of effort within the government, Beijing combined five separate agencies into a single Coast Guard in March 2013. The “Five Dragons” were the China Coast Guard of the Public Security Border Troops, the China Maritime Safety Administration of the Ministry of Transport, the China Marine Surveillance Agency of the State Oceanic Administration, the China Fisheries Law Enforcement Command of the Ministry of Agriculture, and the maritime force of the General Administration of Customs.

Last year, China added oil rigs to its stable of paramilitary maritime forces when the China National Offshore Oil Corporation (CNOOC) rig HD 981 was positioned near the Paracel Islands in Vietnam’s EEZ. The rig was guarded by a bevy of some 30 Chinese fishing vessels, paramilitary craft, and PLAN warships, until it withdrew months later. The oil rig incident was the lowest point in Sino-Vietnamese relations since 1979. Vietnamese forces were ejected from the Paracels by Chinese marines in a bloody 1974 invasion.

As the region awaits a ruling on the Philippine’s arbitration challenge to preserve its sovereign rights in its EEZ, China’s maritime misadventures in the region leverage a gaping hole in international humanitarian law created by the some of the world’s top jurists in the 1986 ICJ Case Concerning the Military and Paramilitary Activities in and Against Nicaragua (Nicaragua v. United States of America).

China “Minds the Gap” in International Law

In order for China’s strategy to work, it has to slowly coerce its neighbors into accepting Beijing’s hegemony, but avoid a military confrontation. China uses force through its coast guard, fishing vessels, and now oil rigs, to change the political and legal seascape in East Asia, but it studiously keeps PLAN ships over the horizon to sidestep the chance of war.

The Charter of the United Nations governs the law on the use of force in international affairs. The goal of the United Nations is to suppress “acts of aggression and other breaches of the peace.”[6] While the 1928 Kellogg-Briand Pact famously outlawed the conduct of “war,” and the agreement is now regarded as the height of interwar naiveté, the proscription in the U.N. Charter is even broader. Under article 2(4) of the Charter, “armed attack” (or more accurately, armed aggression  or aggression armee in the equally authentic French translation) is unlawful. Article 2(4) also states that the threat of the use of force is as much a violation as the use of force itself.

What may states do if they suffer armed attack or armed aggression? Article 51 of the Charter recognizes the inherent right of individual and collective self-defense of all states to respond to an attack. So far so good – any illegal use of force qualifies as an armed attack, and an armed attack triggers the right of self-defense of the injured state, right? Wrong, at least according to the International Court of Justice. The decision in the 1985 ICJ Nicaragua Case opened a “gap” between an armed attack by one state and the right of self-defense by the victim state.

The case arose from the wars in Central America in the 1980s. The Sandinista regime seized power in Nicaragua in 1979, and embarked on a Marxist campaign to “liberate” Honduras, El Salvador and Costa Rica. Nicaragua supported a splinter resistance movement in El Salvador with weapons, ammunition, money, training, intelligence, command and control, and provision of border sanctuaries. With this aid, guerrilla forces wrecked El Salvador’s economy and turned minority disaffection into a full-blown insurgency. The civilian population in the region suffered, and atrocities were committed on both sides.

To stabilize El Salvador, President Ronald Reagan signed National Security Decision Directive 17 on November 23, 1981. NSSD 17 authorized the CIA to build a force of Contra rebels to conduct covert action to overthrow the Sandinista regime in Nicaragua. Military assistance flowed to Honduras and El Salvador to help inoculate them against communist insurgents. The decision reflected one of the earliest programs of the Reagan Doctrine to oppose the spread of Soviet influence.

In 1984 the Government of Nicaragua brought suit against the United States before the ICJ, arguing that U.S. clandestine activities against it, including arming the Contra rebels and mining the ports of Nicaragua, were a violation of Nicaragua’s sovereignty. The United States countered that U.S. operations were a lawful exercise of the inherent right of individual and collective self-defense under article 51 of the U.N. Charter. President Duarte of El Salvador said to the media on July 27, 1984:

What I have said, from the Salvadoran standpoint, is that we have a problem of aggression by a nation called Nicaragua inside El Salvador, that these gentlemen are sending in weapons, training, people, transporting bullets and what not, and bringing all of that to El Salvador. I said that at this very minute they are using fishing boats as a disguise and are introducing weapons into El Salvador in boats at night.

In view of this situation, El Salvador must stop this somehow. The contras … are creating a sort of barrier that prevents the Nicaraguans from continuing to send them to El Salvador by land. What they have done instead is to send them by sea, and they are not getting them in through Monte Cristo, El Coco, and El Bepino.[7]

The Court rejected the U.S. and El Salvadoran claims of self-defense against an armed attack by Nicaragua. In an interim decision on the Case, the ICJ ruled by a vote of 15 to 0 that the United States should “immediately cease and refrain from any action restricting, blockading, or endangering access to Nicaraguan ports….” In its final ruling on the Merits, the ICJ held by a vote of 14 to 1 that Nicaragua’s right to sovereignty may not be jeopardized by U.S. paramilitary activities. Training, arming, equipping, and supplying the Contras was a violation of international law, and not a lawful measure of collective self-defense taken by the United States and its regional allies in response to Nicaraguan aggression.

The ICJ ruled lower-level coercion or intervention, such as “the sending by or on behalf of a state of armed bands, groups, irregulars, or mercenaries” into another country constitutes an “armed attack,” but the right of self-defense is triggered only if such intervention reaches the “scale and effects” or is of sufficient “gravity” tantamount to a regular invasion. There was no right to use self-defense against coercion or lower-level armed attack by irregulars or insurgents that does not rise to the threshold of gravity or scale and effects.

While both Nicaragua and the United States had funded guerrillas and engaged in acts that destabilized the region, the ICJ distinction turned on the concept of “effective control.” Nicaragua was found not to have “effective control” over the insurgents trying to overthrow governments in El Salvador and Honduras, whereas the United States was deemed to exercise “effective control” over the mining of Nicaraguan harbors and the Contras.

The Court denied El Salvador the opportunity to intervene in the Case, assuring a David vs. Goliath narrative. The ICJ also accepted the Sandinista’s version of the facts and ignored the armed aggression committed by Nicaragua against its neighbors.[8] Judge Schwebel, an American on the Court, issued the only dissent: “In short the Court appears to offer – quite gratuitously – a prescription for overthrow of weaker governments by predatory governments while denying potential victims … their only hope for survival.” The Case represents one of the greatest pieces of international judicial malpractice in history and it should not be surprising that the decision now supports Chinese maritime encroachment (as well as Russian shenanigans in its neighbors from Georgia to Ukraine to the Baltics – but that is a story for another day).

Whether the Nicaragua Case was driven by outcome-based decision making that required a U.S. loss, or a high-minded, but misguided effort at international social justice (as I have suggested here), the result is that a gap opened between armed aggression and the right of self-defense. By using lower-levels of coercion spread over numerous small acts, none of which are sufficient to trigger the right of self-defense, aggressors are rewarded. Being politically and legally cognizant of the Nicaragua Case, China is making strategic maritime gains at the expense of its neighbors without the risk of starting a war.

Furthermore, China’s strategic use of its fishing fleet as a component of “legal warfare” goes beyond exploiting the gap between the use of force and self-defense in jus ad bellum; it affects jus in bello as well. Fishing vessels likely would be used as belligerent platforms during any regional war. Some suspect China is outfitting thousands of its fishing vessels with sonar in order to integrate them into the PLAN’s anti-submarine warfare operations that would have to find and sink U.S. and allied submarines.

Ever since the landmark 1900 case Paquette Habana, which arose from U.S. seizure of Cuban fishing boats in the Spanish-American war, coastal fishing vessels and fishermen are exempt from target or capture during armed conflict. By placing sonar on its fishing vessels as a force multiplier for anti-submarine operations, Beijing instantly risks these ships being regarded as lawful targets in the event of conflict. But the optics of the U.S. Navy sinking Chinese fishing vessels is made-to-order propaganda. In any event, Sam Tangredi, a prominent defense strategist wonders how many of the limited number of torpedoes is the U.S. Navy willing to expend, given the enormous number of fishing vessels.

The reaction to all this might be – so what? Countries have long used asymmetric attacks that fly under the radar. What is different now is that irregular warfare is being used as a tool of the strong to change the regional security system, rather than the weak. Furthermore, the international legal aspects of the present situation inures to China’s advantage. Consequently, the systemic risks are that much greater and can only be compared with the campaign by the USSR to destabilize countries during the Cold War. Who says international law doesn’t matter?

 

About the author:
James Kraska is a Senior Fellow in FPRI’s Program on National Security. He serves as Professor of Oceans Law and Policy in the Stockton Center for the Study of International Law at the U.S. Naval War College; a Distinguished Fellow at the Law of the Sea Institute, University of California Berkeley School of Law; Senior Fellow at the Center for Oceans Law and Policy at the University of Virginia School of Law; and a Senior Fellow at the Center for Law and National Security at the University of Virginia School of Law.

Source:
This article was published by FPRI.

Notes:
[1] The United States has defense agreements with five Asian states: Thailand, the Philippines, Japan, South Korea, and Australia. Some of these defense agreements and the Taiwan Relations Act were the subject of an FPRI podcast last year, which can be accessed here: http://www.fpri.org/multimedia/2014/06/us-security-commitments-asias-cha…

[2] States that have historic fishing claims may seek access from the coastal state that manages those areas under article 62 of the Law of the Sea Convention.

[3] Lyle J. Goldstein, “Chinese fisheries enforcement: Environmental and strategic implications,” 40 Marine Policy 187 (2013).

[4] Wendell Minnick, Fishing Vessels in China Serve as Proxy Enforcers, Defense News, August 18, 2014, p. 15.

[5] Some of the “fishermen” appear to be entirely unconvincing subsistence fishermen – young, crew cut, athletic, continually at sea in Southeast Asia without tanned skin, and (!) unable to operate fishing equipment. This observation has been made to me by a former 2-star admiral in East Asia and a retired Chief of Navy from one of the states bordering the South China Sea.

[6] Article 1(1), Charter of the United Nations.

[7] Press Conference of President Duarte, Sam Salvador Radio Cadena YSKL (in Spanish) 1735 GMT 27 July 1984 in San Salvador (July 27, 1984) reprinted in FBIS Daily Reports Latin America, 1, 4 (July 30, 1984).

[8] See, e.g. John Norton Moore, The Secret War in Central America – Sandinista Assault on World Order (1987). John Norton Moore served as a Deputy Agent of the United States at the jurisdictional phase of the case. The United States did not participate in the Merits phase of the case. Full disclosure: I earned my research doctorate under John Norton Moore at University of Virginia School of Law, where I also serve as Senior Fellow. Professor Moore has written more extensively about the legal shortcomings in the case in John Norton Moore, Jus ad Bellum before the International Court of Justice, 52 Virginia Journal of International Law 903, 919-935 (Summer 2012).

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Fall In Crude Oil Prices: How Long Will The Boon Last For Modi? – Analysis

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By Sai Shakti*

Crude oil, which is an important factor in the global geo-politics, is seeing wide swings in the international market. From record highs, it has now fallen to record lows, surprising the world. Since June 2014, there has been a staggering 40% drop in the oil price — from $115 per barrel to below $50. Two main factors that determine the price of crude oil are, first, the basic economic principle of supply and demand and second, expectation — the amount of oil that could be purchased on the international market at a given point of time. Demand is also influenced by weather conditions. During winter, the demand spikes in the southern hemisphere and countries that use air conditioning have a significantly greater need during summer. Weakening of economies world over, an investment drought, growing efficiency of vehicles and a switch from oil to more sustainable sources of power have all resulted in sharp decline in demand.

The Organization of the Petroleum Exporting Countries (OPEC) is no longer the largest producer of crude oil. That title is now held by the USA, earlier a huge importer. Though the United States doesn’t export the oil they produce, they aren’t buying either. Considering they were a major buyer, 9-10 million barrels per day, it is no great surprise that the price has dropped as there is a lot more surplus oil available for sale. Countries like Iraq and Iran, which were pre occupied with internal conflict, have now become stable enough to start supplying again. The massive increase in oil prices earlier had resulted in large investments in oil exploration and drilling. All these factors led to a jump in the supply. But there was no reciprocate rise in demand. Rather, there was a slump in demand, forcing oil prices way down.

Surprisingly, the OPEC members have decided not to curb production to regulate supply. Perhaps, they choose not to act because a restoration in the price of oil would mainly benefit countries that they detest — like Russia and Iran. Saudi Arabia has $900 billion bank reserve and can easily bear the backlash of lower oil price. It remains to be seen if and when the fall in oil prices will stabilize and what the repercussions are for the various economies of the world.

Effects on India’s economy

Oil is critical to India as it imports almost two thirds of its need. This constitutes 37% of its total imports. A $1 drop in oil prices could approximately save 40 billion rupees. For India, the drop in oil prices currently looks like a blessing but there could be some downslides too in the long run. The lower oil prices should be a much needed boost to GDP growth as it will reduce the household real disposable income, increase money available for policies oriented towards growth and also substantially add to corporate profit margins due to lower input costs. This might also motivate the corporate sector to invest more in the economy. It is estimated that if the price of oil falls about $4 per barrel, it would on an average shrink the trade deficit by $3 billion. This adding to the fact that India’s trade deficit has already dropped to $7.5 billion, should help harden the rupee. It is a boon for the new Modi government and the timing, perhaps, could not be more ideal. The government will be able to mend the balance sheets and fulfil the huge mandate it has promised to the people much more easily.

This extra money and saving affords the central government the opportunity to keep its fiscal deficit well within the target of 4.1% of GDP. The drop has also allowed the government an opportunity to roll out some much needed and awaited fuel subsidy reforms, starting with scrapping the diesel subsidy which amounted to 0.3% GDP last year. The reduction in international crude oil prices will also sooth the effect of inflation to some extent, but whether it will be strong enough to make any significant effect remains to be seen.

All this may make this sound like exactly what India needed but there might well be a flip side. The previous year, ONGC and Oil India bought 10% in Mozambique gas for two and half billion dollars. Now with the fall in crude oil prices, analysts estimate the value going down by over 25%. All oil companies will take substantial hits. Oil assets take large investments to keep up their production and with the drop in the prices, their cash flow is bound to be lower. The rupee is estimated to fall against the dollar up to Rs.65. This would translate to burgeoning domestic companies paying much more for foreign loans they might have taken out.

Other possible downsides include the fact that countries with oil based economies will not be able to invest in India as their own purse strings would need to be tightened. Also the huge population of Indians in the Gulf could be affected if the Arab countries are hit.

India seems to be one of the few countries to be largely benefitted by the fall in oil price. But will the government take effective steps to utilise this opportune “bout of good fortune” and is it going to translate to real benefits for the common man? One can only hope that after a slew of bad times for the Indian economy, the Modi Government utilises this opportunity to its fullest and we reap the benefits of what is definitely a much needed “rain cloud” of luck in our otherwise stagnant economy.

*The writer is a Research Intern at Observer Research Foundation, Delhi

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Hindu Statesman Zed Offers Condolences On King Abdullah’s Death

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Hindu statesman Rajan Zed has offered condolences on the death of King Abdullah Bin-Abd-al-Aziz Al Saud, Saudi Arabia’s head of the state, who died on January 23 in a Riyadh hospital.

Zed, who is President of Universal Society of Hinduism, in a statement in Nevada (USA) today, said that they were saddened by the passing of King Abdullah, about 90.

Saudi Arabia's Custodian of the Two Holy Mosques King Abdullah

Saudi Arabia’s Custodian of the Two Holy Mosques King Abdullah. File photo.

Rajan Zed pointed out that King Abdullah was slowly but steadily introducing long awaited reforms in the highly conservative Kingdom of Saudi Arabia. During his regime, women were appointed to previously all-male and influential Shura Council; Saudi Arabia announced giving right to women to vote and run in future municipal elections, and allowed its women to compete in the Olympics for the first time; and a woman became editor-in-chief of a Saudi Arabia daily newspaper for the first time. Though largely symbolic measures, these were still quite significant by Saudi Arabia standards, Zed added.

Zed hoped that the new king Salman bin Abdulaziz Al Saud, 79, would continue on Abdullah’s reform path as relaxing restrictions on women and speech would further strengthen Saudi Arabia.

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Soccer Soft Power: A Double-Edged Sword – Analysis

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An avalanche of criticism of FC Bayern Muenchen, a leading soccer brand and Germany’s most successful club, for playing a commercially driven friendly against Saudi Arabia’s FC Al Hilal amid a crackdown on dissent in the kingdom, the public flogging of a blogger and the putting on trial in a court that deals with terrorism charges of two women for violating a ban on female driving highlights the increasing risk autocratic Gulf states run in employing the sport to polish tarnished images and project soft power.

The avalanche also spotlights mounting discontent among fans and some soccer executives with clubs’ willingness to ignore human rights violations by their host nations.

The criticism of Bayern Muenchen, one of the world’s richest clubs with an annual turnover of $580 million, forced the German club, which was reportedly paid $2.3 million for playing the match, to issue a statement that cloaked an apology in a defence of its decision to ignore the kingdom’s deteriorating, never stellar human rights record.

In response to the criticism, Bayern Muenchen chairman Karl Rummenigge said in a statement that “Bayern Munich condemns all forms of cruel punishment that are not consistent with human rights, as in the current case involving blogger Raif Badawi, a critic of Islam. It would have been better to clearly address this on the occasion of our match in Saudi Arabia. We are a football club and not political policy-makers, but naturally everyone, ourselves included, ultimately bears responsibility for compliance with human rights.”

Mr. Badawi, a Saudi blogger, was sentenced to ten years in prison and 1,000 lashes to be publicly administered 50 at a time over a period of 20 weeks for insulting Islam by criticizing the kingdom’s powerful clergy on his website, Free Saudi Liberals, which has since been shut down. Mr. Badawi was first lashed earlier this month. The second lashing was postponed on advice of a prison doctor.

Loujain al-Hathloul and Maysa al-Amoudi were referred at about the same time to a terrorism court for defying the ban on female drivers.

Mr. Rummenigge’s apology did not spare Bayern Muenchen further criticism. Theo Zwanziger, the executive committee member of world soccer body FIFA responsible for overseeing Qatari labour reforms following condemnation of the Gulf state and 2022 World Cup host’s working and living conditions for migrant workers, told the Frankfurter Algemeine Zeitung that “I have known for some time that at Bayern commerce beats ethics and, if in doubt, they will stand on the side of the purse. That’s a shame, but it doesn’t surprise me.”

German Social Democratic Party member of parliament Dagmar Freitag, speaking to the Sueddeutsche Zeitung, added that “sport has a strong voice, but it does not use it at the points where it makes sense and can be helpful. Footballers don’t have to be politicians but they should be aware of human rights conditions and could set examples.” Ozcan Mutlu, spokesman for the left-wing Greens, added that “there is no honour to have a friendly game in Riyadh when, so to speak, right next to the stadium the blogger Badawi is flogged 1,000 times and has his skin pulled off his back.”

Saudi Arabia has twice dabbled in the past year in projecting soft power through German soccer. Second tier German soccer club FSV Frankfurt, a year before the Bayern Muenchen incident, terminated a sponsorship agreement with state-owned airline Saudia because it refused to transport passengers who carry Israeli passports. FSV cancelled the agreement after German media accused the airline of anti-Semitism and Frankfurt municipal officials and prominent German Jews denounced it.

Adding insult to injury, FSV announced the same day of the cancellation a partnership with local club TuS Makkabi Frankfurt, a Jewish club that is historically part of the centrist wing of the Zionist movement. US critics had earlier called for the barring of Saudia from US airports. To be fair, Saudi Arabia recently announced that it would no longer bar Jews from gaining employment in the kingdom.

The Bayern Muenchen incident nevertheless indicates that fans and some international sports executives no longer are willing to turn a blind eye to violations of human rights or what some describe as reputation laundering. The greater sensitivity comes as the International Olympic Committee (IOC) introduced human and labour rights into contracts for future Olympic hosts. FIFA earlier acknowledged that those rights should be part of its hosting criteria. Human rights groups and others like Transparency International are moreover putting sports high on their agenda.

Controversy over Qatar’s restrictive labour regime has put it at the head of the activists’ firing line. Qatari difficulty with reforming the regime that puts workers at the mercy of their employers has raised the spectre that the Gulf state could be deprived of its World Cup hosting rights if it fails to match its lofty words with deeds. Mr. Zwanziger has suggested that a motion to take the tournament away from Qatar could be tabled at a FIFA congress in May if the Gulf state has not taken concrete steps by then.

To be fair, Qatar, unlike other Gulf states, has engaged with its critics and published charters for the rights of workers employed on World Cup-related contracts. Qatar’s difficulty is that the issue of labour rights sparks existential fears in a country whose citizenry accounts for a mere 12 percent of the population and fears that it could lose control of its state, culture and society. Qatar walks a tightrope in balancing the need to respond to international criticism quickly and a domestic situation that demands gradual change.

Bayern Muenchen came under fire not only for its Saudi friendly. Critics also did not take kindly to the fact that the club spent the week before the game in a training camp in Qatar. “Even if Bayern does not determine the politics in Saudi Arabia and Qatar, its presence there legitimises it,” a Bayern member tweeted under the Twitter handle @agitpopblog in an open letter to club officials.

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Hagel, Qatari Minister Discuss Regional, Security Issues

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US Defense Secretary Chuck Hagel spoke to Qatari Prime Minister and Minister of the Interior Abdallah bin Nasir Al Thani on Wedneday to discuss mutual regional and security issues, Pentagon Press Secretary Navy Rear Adm. John Kirby said.

In a statement summarizing the meeting, Kirby said Hagel thanked the prime minister for his efforts to advance the strategic partnership the United States and Qatar enjoy.

“Prime Minister Al Thani reaffirmed the strong relationship, noting that the two countries share many common interests,” he added.

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Nepal Misses Deadline For Promulgation Of New Constitution – Analysis

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By Dr. S. Chandrasekharan

As expected the dead line of Jan 22, 2015 for the promulgation of a new constitution is being missed. The political parties refused to compromise and made little headway in drafting a new constitution. One whole year was wasted.

Too late in the day and very close to the deadline the eight ruling two parties with two independents on January 20 tried to pass a resolution for a panel with a questionnaire on the issues that remain to be solved and get it voted through the assembly. Opposition groups mainly led by the Maoists of UCPN (M) of Dahal with the support of the two Madhesi Groups of Gachhaadhar and Upendra Yadav physically prevented the resolution from being passed.

Tuesday the 20th of January could be called the black day in the parliamentary history of Nepal and the display of hooliganism seen on that day in the Parliament was unprecedented. Chairs were thrown at the podium. Microphones were thrown at K.P.Oli chairman of the UML as well as on respectable UML parliamentarians like Bidya Bhandari and Rishikesh Pokharel. Even Prime minister Sushil Koirala was manhandled. 12 security Marshals were injured in the melee.

Responsibility for the violence perpetrated must be placed squarely on the Maoist leader Dahal who called for “physical obstruction” of the house to prevent the bill being passed. He now claims that his call was for “peaceful obstruction” and the media in Nepal is giving a spin to the whole issue that Dahal has since apologised! Violence was pre planned and Dahal as the senior leader of the opposition is responsible.

Instead of taking immediate action on the chair throwers who were many, the Speaker is said to have formed a task force to enquire into the cases of hooliganism. This is another instance of weakness displayed by an indecisive government.

One other instance that comes to my mind is the decision of the government to send the disputed issues once again to the CPDCC ( Constitutional Political Dialogue & Consensus Committee) headed by Baburam Bhattarai on the 8th of this month with a deadline of 5 days to solve the issues that had remained unsolved for one whole year! Baburam Bhattarai had already made up his mind and the issues were returned promptly on the 13th.

The Maoists then started street agitation from the 15th resulting in damage to many vehicles and shops that refused to close both in Kathmandu and elsewhere. The Maoists now joined by the Madhesi groups have threatened to “intensify” the agitation throughout the country. The government has sufficient forces at its disposal to handle the agitation. The people and the civil societies would certainly go for the support of the government if life and property are threatened.

Instead the Government seems to be worried about the “bandas” getting out of hand!

Many of the nine points raised by the opposition alliance led by Maoists could be resolved without much delay. These include the form of governance where the alliance wants a mixed form of governance, citizenship through mother, bicameral mixed system for federal and pradesh elections, separate constitutional court etc.

But the sticking point will continue be on State Structuring. The Maoist Alliance is still adamant on 10 provinces while the ruling parties are unwilling to deviate from the seven provinces they had proposed. To me, it appears that Dahal’s moves are tactical. It does not matter to the Maoists whether it is seven or ten but what matters to them is they could use this opportunity to consolidate their position both in the Terai and among Janajathis!

Another problem is going to arise on the 22nd when the UML chairman K.P.Oli will lay claim on the post of Prime Ministership. This was the understanding in the ruling coalition when Sushil Koirala took over earlier.

Of late, K.P.Oli is seen to be more of a stumbling block and his elevation as Prime Minister will be another setback for early promulgation of the new constitution. On the 15th of this month, he made a categorical statement that a “federal system separating the hills from Terai is unacceptable. Earlier on the 4th he said that the new provinces must integrate the mountain, the hill and the plains to generate and preserve the country’s larger identity! This means going back to the Panchayat days where the regions were configured vertically.

More problems and more agitations could therefore be expected this year if an unrelenting Oli is to take over as Prime Minister.

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Armenia’s Central Bank Increases Key Refinancing Rate To 9.5 Percent

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Armenia’s Central Bank raised its key refinancing rate to 9.5 percent from 8.5 percent during an emergency sitting of the monetary policy committee on Thursday, Jan 22, Reuters reports.

The bank’s regular meeting on interest rates is only scheduled for Feb.10.

Annual inflation stood at 4.6 percent in December, the Central Bank said, up from 2.6 percent the month before. Monthly inflation in December came in at 3.0 percent, compared to 1.3 percent in November.

The central bank raised its refinancing rate to 8.5 percent from 6.75 percent in December.

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Latvia Prime Minister Says Stable Growth Is Europe’s Guardian Angel

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Addressing the World Economic Forum in Davos during the panel discussion “Europe’s Twin Challenges: Growth and Stability”, Latvia’s Prime Minister Laimdota Straujuma emphasized that Europe’s economic growth is a must for stability.

“Stable growth is Europe’s guardian angel”, said L. Straujuma to participants of the Forum. She also admitted that a balance between growth and social security is the feature that is an integral part of Europe.

She presented Latvia’s experience in overcoming the economic crisis, during which we had to think about the implementation of painful structural reforms, while thinking about social security of people. “The whole of society accepted with understanding the need to implement these reforms. The common denominator was reached among the politicians of Latvia, social partners, entrepreneurs and local governments. Latvia managed to accomplish it, and now we are going ahead,” admitted the Prime Minister.

But all this is not enough to guarantee further successful growth of Europe. “Structural reforms still need to be continued in the EU Member States. They should be decisive and fast – speed is one of the key elements to attract investors,” expressed confidence the Prime Minister of Latvia.

L. Straujuma drew attention of participants to two key prerequisites for economic growth of Europe – investment in entrepreneurship and further liberalization of international trade.

Latvia as the presiding country of the Council of the European Union intends to set the necessary legal framework so that European Investment Plan or the so-called Juncker plan can start working. Likewise, under the Latvian Presidency, we plan to pave the way for the better conditions for investment attraction in Europe.

To ensure economic growth, Europe also needs stable trade partners all around the world. We should support further negotiations on the EU free trade agreements with Canada, U.S., and Japan.

Answering the question about the crisis in Ukraine and the EU sanctions against Russia, L. Straujuma reminded the position of Latvia – the presiding country of the Council of the European Union – the sanctions must not be repealed until there is an improvement in the situation in Ukraine. She encouraged all the participants to think about the fact that once the day of crisis settlement will come, and everyone has to be prepared for this day, because the state of Ukraine will have to be restored after current conflicts.

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Spain Sees Increase In Foreigners Registering With Social Security System

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The number of foreign citizens registered with the Spanish Social Security System stood at 1,552,639 in December, an increase of 0.21% on the previous month and an absolute increase of 3,241 average contributors. This is the first increase in the number of foreign NI contributors in Spain following five months of decline (since June 2014 when the number rose slightly by 0.09%).

The annual employment rate also rose by 0.6%, meaning that the Spanish Social Security system now has 9,333 more contributors than in 2013. Furthermore, this is the first time that employment among this group rose in December since 2007.

An increase in foreign NI contributors was seen under all regimes except the Special Regime for Seamen (-16%). A reduction here is usual in December as the fishing season closes on various species and sardine fishing remains closed. In turn, the General Regime grew by 0.25%, the Special Regime for Self-employed Workers grew by 0.28% and the Special Regime for Coal Workers grew by 0.38%.

The highest figures for foreign workers correspond to Romania (270,435), Morocco (191,362), China (92,557) and Ecuador (71,700). These countries are followed by Italy (64,446), Bolivia (59,191), the United Kingdom (53,950) and Colombia (52,569).

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Sri Lanka: Sirisena Pardons Fonseka

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Sri Lanka’s former Army Commander Sarath Fonseka has been fully pardoned by President Maithripala Sirisena.

The former Sri Lanka Army general who led the decisive war against the LTTE to end the terrorism in Sri Lanka was stripped off of his ranks and rights by the previous government.

Fonseka has been acquitted of all charges filed against him under the previous Government and has been granted complete amnesty by President Maithripala Sirisena.

President Sirisena pardoned the former General by the powers vested in him under Article 34 of the Constitution.

Accordingly, Fonseka’s rank will be restored and will be entitled to all military and social privileges without any legal barrier. He will be awarded back his medals and honors.

The former Army Commander, who played an integral role in ending the three-decade long war against the terrorist group Liberation Tigers of Tamil Eelam (LTTE), retired from the Army to contest as a common opposition presidential candidate against the former President Mahinda Rajapaksa at the 2010 presidential election.

Fonseka lost the presidential race to the incumbent President Mahinda Rajapaksa with a wide margin of 18 percent. Following his loss, he was arrested on 8 February 2010 by the military allegedly for conspiring to overthrow the government by staging a coup with the assistance of Army officers loyal to him.

The former General faced two court martial tribunals on several charges and he was stripped off the ranks and the pension by a verdict of the first court martial which found him guilty of participating in political activities while in active service.

Following his defeat in the Presidential Election he was elected to Parliament from Democratic National Alliance, the party he led, in the General Election in April 2010. He lost his parliamentary seat after he was sentenced to serve a three year prison sentence by the Military Court.

After serving more than 2 years in prison, Fonseka was released on 21 May 2012.

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Islamic State ‘Gifts’ Sowing Death Even After Leaving

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By Jean-Marc Mojon

A massage belt, a PlayStation controller, a gold ring — it sounds like a gift list, but the items the Islamic State group left in Iraq are rigged with explosives to kill.

The militants still sow death long after they depart, and as Iraqi Kurdish forces regain ground, they — and the civilians returning to their homes — face the threat of unexploded bombs and booby traps.

“These people were very imaginative, like devils,” said Marwan Sydo Hisn, a Kurdish bomb disposal expert currently based in Sinuni, a town in the northwestern Sinjar area that was recaptured from IS fighters in late December.

“Look at this one,” he said, thumbing through pictures on his smart phone. “We found this massage belt that they had stuffed with a small quantity of explosives, perfectly put back together and set up to explode on the next person to turn it on.”

One consisted of TNT concealed inside a TV set triggered by the use of a PlayStation controller. Another contraption was a gold ring conspicuously left lying on the floor and rigged to kill its finder. Some houses were webbed with trip wires and lines connecting bombs to doorknobs. “We have a list of 24 different types of devices they used in this area,” said Darwish Mussa Ali, another explosives expert.

He and his colleague Sydo are both from the Kurdish “asayesh” security service and are the only two experts tasked with clearing explosives from the entire northern side of Mount Sinjar, a 60-km ridge near the Syrian border.

They were dispatched from their base in Jalawla, at the southeastern end of the Kurds’ 1,000-km frontline with the militants.

“In 24 days, we found 410 devices amounting to more than five tonnes, mostly IEDs (improvised explosive devices),” Mussa said, referring to the homemade bombs laid on roadsides to target vehicles and hamper any military advance.

They received specialised training from American explosive ordnance disposal units before the 2011 US pullout from Iraq, but have very little equipment to perform their dangerous task. “We have no special armour, no robots, no scramblers for mobile communications, just our eyes, our experience and a pair of pliers,” Sydo said.

Most of his equipment fits in a blue cooler bag, where he also keeps a bundle of detonators, a box-cutter and tape. Their harvest is kept in a damp storage room adjacent to a grocer’s and protected only by an old iron rolling door on which the word “danger” is spray-painted in large yellow letters.

“Just walk where I walk,” said Hadi Khalaf Jirgo, a member of the Kurdish peshmerga security forces who has been assisting the pair. A cigarette dangled from his lips as he reeled out the wire for a controlled detonation of some of the roadside bombs they continue to find, sometimes at a rate of 30 a day.

The blast sent a cloud rising from a gully against the backdrop of Mont Sinjar’s snow-covered slopes. The area was wrested back from the militants about a month ago but military activity remains intense and civilians are returning faster than authorities can handle. In the first days after the northern side of Mount Sinjar was retaken, eight people were killed in three explosions, Sydo said.

The Iraqi Kurdistan Mine Action Agency lost four of its staff in a blast during a clearing operation in the nearby Zumar area in October.

IEDs are the leading cause of death among the more than 750 peshmerga killed since IS spearheaded a militant offensive that overran large areas north and west of Baghdad in June. IKMAA has stepped up its awareness effort with billboards telling civilians what to do when they find a suspicious object.

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