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This is not about profits and
patents; it's about poverty and a devastating disease." That
statement did not come from AIDS activists struggling to provide
sub-Saharan Africa's 25 million HIV-positive people with access to
life-extending medications. It came from the executive vice president
of Bristol-Myers Squibb, which recently announced it would slash
prices on its two AIDS drugs and forgo patents on one of them. A week
earlier, Merck & Co. said it would lower prices on its two AIDS
drugs not just in Africa but, pending review, in other heavily
affected countries as well.

What's going on is not a
change of heart on the part of "Big Pharma"--which John le
Carré describes in this issue as a group of
"multibillion-dollar multinational corporations that view the
exploitation of the world's sick and dying as a sacred duty to their
shareholders." Far from being a humanitarian action, the price
reductions represent an attempt to preserve patent rights by
diffusing international pressure for generic manufacturing.
Revealingly, neither BMS nor Merck has withdrawn from a suit against
the South African government brought by thirty-nine pharmaceuticals
seeking to prohibit importation of generic drugs, which they claim
would violate their patents.

The Indian generic
manufacturer Cipla announced in February that it would sell the
entire AIDS triple-therapy combination at $350 per person, per year,
and other generic manufacturers, in Thailand and Brazil, currently
offer AIDS drugs at a fraction of multinational prices. By
comparison, the Wall Street Journal reported that a
combination of AIDS drugs from BMS and Merck would cost between $865
and $965 per person, per year. If those prices were multiplied by the
number of AIDS patients in, say, Zimbabwe, a relatively prosperous
country by African standards, the total would come to about 20
percent of its GDP. And that sum doesn't include the investments in
healthcare infrastructure needed to distribute and monitor the drugs'
use.

But even if poor African countries could somehow find
the money to pay the high patent-protected prices of the drug giants
(the $26.6 billion a year it would cost to provide all Africa with
AIDS drugs is no more than about a third of what Bush's tax plan
would give to America's wealthiest 1 percent), that would not be the
end of their problems. Rather, such a course would lock them into
exclusive trade agreements with multinationals and put them at the
continual mercy of Western foreign aid budgets. As new treatments are
developed, Africa would have to negotiate new price reductions,
country by country, company by company.

If the solutions
lie with generic manufacturing (not just for AIDS medications but for
a slew of vital drugs for malaria and other ills), then circumventing
existing international patent regulations is a necessity. The trial
in South Africa over compulsory licensing is one crucial test of the
viability of this option. Another potential plan would be for the
National Institutes of Health to give patents owned by the US
government on publicly funded AIDS drugs to the World Health
Organization, thereby licensing it to oversee generic manufacturing.
Why not, in fact, let governments underwrite the entire cost of drug
research--rather than, as now, underwriting substantial amounts of
the research, which drug companies then exploit--and do away with
patents altogether?

Whatever the recourse, and despite the
well-publicized gestures by multinational pharmaceutical companies,
the solutions to Africa's AIDS epidemic lie in sustainable
competitive drug production, not momentary self-interested
charity.

Ariel Sharon's election as Israeli Prime Minister insures a prolonged pause in progress toward Israeli-Palestinian peace. While awaiting his successor, politicians and commentators could occupy their time constructively by adopting a new "language of peace." Dangerously misleading terminology remains a major obstacle to a resolution of the conflict.

It is normal practice for parties to a dispute to use language that favors them. In this regard, Israel has been spectacularly successful in imposing its terminology not simply on Israeli and American consciousness but even on many Arab parties and commentators. It has done so not simply in obvious ways like use of the terms "terrorism," "security" and "Judea and Samaria" but also in more subtle ways.

There is much talk of "concessions" being demanded from and offered by Israel. This word suggests the surrender of some legitimate right or position. In fact, while Israel demands numerous concessions from Palestine, Palestine is not seeking any concessions from Israel. What it is insisting upon is "compliance"--compliance with agreements already signed, compliance with international law and compliance with relevant UN resolutions--nothing more and nothing less. Compliance is not a concession. It is an obligation, both legally and morally.

The concept of "compliance" is well entrenched in Iraq's case. Partial Iraqi compliance with UN resolutions is rarely hailed as a "concession"--"painful," "far-reaching," "unprecedented" or otherwise. In Iraq's case, anything less than full compliance is deemed "defiance"--at least by the United States. Notwithstanding Israel's eventual full compliance on its Egyptian, Jordanian and Lebanese borders, most Israelis still believe, with the encouragement of successive US administrations, that peace with Palestine can be achieved without compliance. This is most unlikely--but how many more, on both sides, will die before the logic of "compliance" replaces the false generosity of "concessions"?

The Palestinian territories conquered by Israel in 1967 are frequently referred to as "disputed." They are not. They are "occupied," illegally so. While sovereignty over expanded East Jerusalem is explicitly contested, none of the world's other 192 sovereign states have recognized Israel's sovereignty claim, and Palestinian sovereignty over the Gaza Strip and the rest of the West Bank is, in both literal and legal senses, uncontested.

Israel has never even purported to annex these territories. Since November 15, 1988, when Palestinian independence and statehood were formally proclaimed, the only state asserting sovereignty over those portions of historical Palestine that Israel occupied in 1967 (aside from expanded East Jerusalem) has been the State of Palestine.

Commentators on all sides speak of Israel "ceding" territory to Palestine or to "the Palestinians." This word suggests a transfer of land by its legitimate owner. Israel can withdraw from occupied Palestinian lands, but the only land it could legitimately cede would be land inside its internationally recognized, pre-1967 borders (a possibility discussed in pre-election peace negotiations). Indeed, Israel continues to insist that Palestine cede to Israel indisputably Palestinian lands forming part of the meager 22 percent of historical Palestine that Israel did not conquer until 1967. How fair, reasonable and genuinely peace-seeking is this?

Misleading language has been particularly destructive with respect to Jerusalem. For years, Israeli politicians have repeated like a mantra that "Jerusalem must remain united under Israeli sovereignty." Understandably, most Israelis believe that Israel currently possesses sovereignty over Jerusalem. It does not. It possesses only administrative control. While a country can acquire administrative control by force of arms, it can acquire sovereignty (the state-level equivalent of title or ownership) only with the consent of the international community.

The position of the international community is clear and categorical: Israel is in military occupation of East Jerusalem (including the Old City, site of the Haram al-Sharif/Temple Mount) and has only de facto authority over West Jerusalem. The refusal of virtually all countries (even including the United States) to recognize West Jerusalem as Israel's capital vividly demonstrates the refusal of the international community to concede, yet, that any part of the city is Israel's sovereign territory.

There can thus be no question of Israel "relinquishing" or "transferring" sovereignty over any part of Jerusalem. Indeed, the only way that Israel will ever acquire sovereignty over any part of the city is by agreeing with Palestine on a basis for either sharing or dividing it (or doing a bit of both) that is recognized as fair and accepted by the international community.

This distinction is of fundamental intellectual and psychological importance for Israeli public opinion. There is a world of difference between being perceived as the Israeli leader who achieved Jewish sovereignty over Jerusalem for the first time in 2,000 years and being perceived as the one who relinquished some degree of Jewish sovereignty over the city.

One word that has been too rarely used in connection with the "peace process" is "justice." For obvious reasons, it is never used by Israeli or American politicians as a component of the "peace" they envision. Yet a true and lasting peace, as opposed to a mere temporary cessation of hostilities, is inconceivable unless some measure of justice is achieved. It is high time for all involved to recognize and speak clearly about these fundamental realities. Peace may depend on it.

The air now quivers with gloomy assessments of the secrets "compromised" by the FBI's Robert Hanssen, a senior official who stands accused of working for the Russians since 1985. If you believe the FBI affidavit against him filed in federal court, Hanssen betrayed spies working for the United States, some of whom were then executed. Among many other feats, he allegedly ratted on "an entire technical program of enormous value, expense and importance to the United States," which turns out to have been the construction of a tunnel under the new Soviet Embassy in Washington. He also trundled documents by the cartload to "dead drops" in various suburbs around Washington.

It's amusing to listen to the US counterintelligence officials now scorning Hanssen for lack of "tradecraft" in using the same drop week after week. These are the same counterintelligence officials who remained incurious across the decades about the tinny clang of empty drawers in their top secret filing cabinets, all contents removed on a daily basis by Hanssen and the CIA's Aldrich Ames, who deemed the use of copy machines too laborious. In just one assignment, the CIA later calculated, Ames gave the KGB a stack of documents estimated to be fifteen to twenty feet high. Hanssen was slack about "tradecraft" because he knew just how remote the possibility of discovery was. The only risk he couldn't accurately assess was the one that brought him down--betrayal by a Russian official privy to the material he was sending to Moscow.

The record of proven failure by US intelligence agencies is long and dismal. To take two of the most notorious derelictions, the CIA failed to predict the Sino-Soviet split and failed to notice that the Soviet Union was falling apart, a lapse the agency later tried to blame on Ames. In the mid-1990s Director of Central Intelligence John Deutch testified to Congress that "taken as a whole" Ames's activities "facilitated the Soviet, and later the Russian, effort to engage in 'perception management operations' by feeding carefully selected information to the United States through agents whom they were controlling without our knowledge.... one of the primary purposes of the perception management program was to convince us that the Soviets remained a superpower and that their military R&D program was robust."

So here was Deutch (himself scandalously pardoned by Clinton after personally perpetrating some of the most egregious security lapses in the CIA's history) claiming that treachery by its man Ames was the reason the CIA failed to notice that the Soviet Union was falling apart. Following that line of analysis, Ames could have entered a plea of innocence on the grounds that in helping the Soviet Union exaggerate its might he was only following official agency policy. One of the prime functions of the CIA in the cold war years was to inflate the military capabilities of the Soviet Union, thereby assisting military contractors and their allies in Congress and the Pentagon in the extraction of money to build more weapons to counter these entirely imaginary Soviet threats.

Back in the mid-1970s CIA Director George H.W. Bush found that the regular CIA analysts were making insufficiently alarmist assessments of Soviet might and promptly installed Team B, a group replete with trained exaggerators, who contrived the lies necessary to justify the soaring Pentagon procurement budgets of the Reagan eighties.

Reviewing this torrent of lies at the start of the 1980s, my brother Andrew Cockburn wrote The Threat, a pitilessly accurate estimate of Soviet military potential based on interviews with sources recruited by Andrew's tradecraft, some of said sources being Russian immigrants, many of them living in Brighton Beach, New York. He described how the US civil and, more serious, military intelligence organizations were grotesquely miscalculating the Soviet defense budget and routinely faking the capabilities of its weapons.

Military experts pooh-poohed Andrew's findings, as did many of the liberal Pentagon watchdogs, who found it too offensively simple to say that Soviet weapons were badly made and overseen by semi-mutinous drunks. But as history was soon to show, Andrew had it right. Against the entire US budget for spying on the Soviet Union's military potential you could set the money necessary to buy The Threat and come out with superior information.

Real secrets, excitedly relayed to one another by the mighty, don't concern weapons but gossip: the exact capabilities of Dick Cheney's heart, the precise amount of cocaine sold by George Bush at Yale and so forth. This was the kind of stuff J. Edgar Hoover kept in his office safe. The nation's real intelligence work is being done by the National Enquirer. We could cut off the CIA's and FBI's intelligence budgets and improve the security of this nation at once.

A final parable, about another US intelligence debacle: failure to predict Egypt's attack on Israel in the Yom Kippur war in October of 1973. A CIA analyst called Fred Fear had noticed earlier that year that the Egyptians were buying a lot of bridging equipment from the Russians. Assessing the nature and amount of this equipment, Fear figured out where the bridges would be deployed across the Suez Canal and how many troops could get across them. He wrote a report, with maps, predicting the Egyptian attack. His superiors ignored it until the onslaught took place. Then they hauled it out, tore off the maps and sent them to the White House, labeled as "current intelligence."

While the Egyptians were planning the Yom Kippur assault, they discovered that the Israelis had built a defensive sand wall. Tests disclosed that the best way to breach this wall would be with high-pressure hoses. So they ordered the necessary fire hoses from a firm in West Germany, putting out the cover story that Sadat was promising a fire engine to every Egyptian village. Then a strike in the West German hose factory held up production into the fall of 1973. As the days ticked away, the desperate Egyptians finally deployed all Egyptian cargo planes to Frankfurt to pick up the fire hoses. The planes crammed the airfield. Frankfurt is a notorious hub for intelligence agencies. None of them noticed.

Wrong issue, wrong enemy, wrong country.

About a year and a half ago I received a book from Bosnia. Its title was I Begged Them to Kill Me. It was a collection of some forty accounts by Muslim women who were raped, mostly by Serbian soldiers and paramilitaries in 1992. During the past ten years several collections of the same kind have been published, but this one was different because the raped women themselves, organized into the Association of Camp Inmates-Canton Sarajevo, collected and published it. They had decided to spread the information about what had happened to them without the help of journalists or experts, or even a professional editor.

This book, bearing all the signs of amateurism, is nonetheless an important and moving document of suffering we thought we had heard and known all about. The anonymous women speak of the unspeakable--of rape, torture, enslavement, forced pregnancy, the selling of women as slaves. This is a very special book to me. The women from the association sent it to me with a dedication because of my book S: A Novel About the Balkans, which also deals with mass rape. I admire their decision to publish their accounts in the belief that their truth deserved to be heard.

Women who were raped before them, in Germany, China and Korea during the two world wars, rarely spoke about it in public. It was not to be mentioned but to be forgotten. Indeed, it was forgotten. However, the raped women in Bosnia believed in the possibility of justice through the International Criminal Tribunal for Yugoslavia in The Hague, established by the UN Security Council in 1993. And they understood that justice could not be done without their help. In the book, all of the violated women say they would volunteer as witnesses in that court, and many did. Not in a local court but the international one--because they know very well that the culprits will not be brought to court in their own country. Who would arrest them? Who would put them on trial? What kind of sentences would they get? They had only "had fun."

Agreeing to testify as witnesses in The Hague was a brave, even heroic step for the raped Bosnian women. To the world they had to say, "Yes, I was raped!" They had to live with that confession afterward--with their children and husbands, their brothers and fathers, their community. And this is not liberal Berlin or Stockholm, marked by decades of women's emancipation.

Without these brave women, what would have happened? What would have happened in the trial of Dragoljub Kunarac, Radomir Kovac and Zoran Vukovic, three men from Foca who, on February 22, received sentences in The Hague of from twelve to twenty-eight years in prison? Most likely they would be living free in Foca, every day passing by the Partizan Sports Hall where they kept their Muslim prisoners, then by the houses where they kept enslaved women. They would sit in a cafe smoking cigarettes and drinking brandy, telling anecdotes from the war. If any of their victims happened to pass by, they would point at her with their finger and laugh. Indeed, if these women had kept their "shame" to themselves, the three men would not have entered history. Now they are the first men ever to be sentenced exclusively for sexual crimes defined as crimes against humanity--systematic mass rape, sexual enslavement and torture of women and girls during war. This was only possible thanks to the Bosnian women who did not shut up. Perhaps this time it was impossible not to speak--there were too many women violated (a UN report put the number at 20,000, but that is only an estimate). There were also too many journalists around, too many experts and humanitarian workers, people willing to listen and to help.

No matter what made them speak, the women from the book and the other violated Bosnian women are the real heroes of this historical trial, the women who were not supposed to speak. That was exactly what the three men from Foca were counting on--their silence. I wish I had been in the courtroom when the three men received their sentences. What was in their eyes? Disbelief? Despair? Never could they have imagined that any of those women would have the courage to stand up and face them in court. The men must have thought it was a joke when they heard that they were going to be on trial for rape. OK, perhaps they were rude sometimes if the imprisoned women were not obedient. So what? Never could they have imagined that they would get such heavy sentences. After all, they did not even kill anybody. And among those who did kill, there were some who got much lighter sentences. How is that possible? they must have wondered. I wish I had seen that discrepancy on their faces, a discrepancy between what they believed they did (and what perhaps they might have thought was wrong but certainly not a crime)--and what was deemed a crime against humanity by the international court.

When I asked the women from the Association of Camp Inmates-Canton Sarajevo how I could help them, they asked if I could give them a fax machine. They have nothing, not even their own office. A fax machine would mean a lot to them. Not only to spread information but to enable them to fight to be recognized as war victims in their own society, and to get at least some social aid. There is symbolism in their request: They are still not willing to shut up. Recently I received a thank-you letter from them, via fax. They are grateful for the machine, they wrote. But I and millions of other women are grateful to them because they spoke up and changed something for us, too.

During his closing weeks in office, Bill Clinton refused a plea, signed by many leading lawyers and civil libertarians, that he declare a moratorium on capital punishment. The moratorium enjoys quite extensive support among Republicans and is gaining ground with public opinion; its imposition would undoubtedly have given a vital second chance to defendants and convicts who are in dire need of it. Clinton waved the petition away. So I think we can safely dispense with the argument being put forward by some of his usual apologists--that his sale of indulgences in The Pardoner's Tale was motivated by his own fellow feeling for those trapped in the criminal justice system. His fellow feeling is for fellow crooks, now as ever.

Paris

Will Paris become the first large city in France (indeed, the first major city or national capital anywhere in the world) to elect an openly gay candidate as mayor--the Socialist Bertrand Delanoë? Beyond that question, highly symbolic for same-sexers everywhere, the two-stage Paris elections, which take place on March 11 and 18, will have far-reaching consequences. If the left succeeds in winning the City of Light for the first time ever, that could presage a national victory in France's presidential and legislative elections, to be held in May 2002.

The right has maintained hegemony in Paris since the first municipal elections in 1977, when Jacques Chirac--then president of the neo-Gaullist RPR--led the right to victory. He remained mayor of Paris until his election as President in 1995, when he dictated the selection of his successor--the current mayor, Jean Tiberi, Chirac's first deputy mayor for nearly two decades.

But the unbroken succession in this city, dominated for the past twenty-four years by la droite chiraquienne (the Chirac conservative majority), has suddenly and dramatically deteriorated following an avalanche of financial and electoral scandals. Mayor Tiberi is at the center of accusations concerning, among other things, the secret financing of political parties through a highly organized system of corrupt rakeoffs and kickbacks on contracts, filling the electoral rolls with phantom voters, illegally allocating low-rent apartments in city-owned housing (reserved for the economically disadvantaged) to political cronies and the families of elected officials and giving hundreds of no-show municipal jobs to full-time workers for the RPR and its campaigns. These scandals now threaten to undo Chirac himself, a danger underscored by the recent arrest of Chirac's former municipal chief of staff.

Aside from the scandals, the right's management of the city has also been sharply criticized. Paris is in danger of becoming a city-museum: Rents have skyrocketed, and the lack of subsidized housing for low- and middle-income families has forced many of them to move to less costly suburban developments with onerous commutes. While tourism continues to increase, Paris has serious air pollution and has not modernized or improved its public transportation or its noncommercial recreation facilities (especially for the young, hardest hit by unemployment).

All this means the left has an excellent chance of winning the municipal elections. Its leading candidate, Dominique Strauss-Kahn (number two in Prime Minister Lionel Jospin's government and the man in charge of the French economy), was forced to withdraw and lost his ministry after being tainted by yet another money scandal. After much internecine maneuvering, Jospin's Socialist Party finally settled on Delanoë. A little-known senator at the time of his designation, with a reputation as an unimaginative apparatchik and Jospin loyalist, Delanoë chose to make his homosexuality public during a 1998 television appearance. His matter-of-fact manner in coming out made few waves at the time, but since then he has enjoyed the media's favor, and--thanks to the Ubuesque situation in which Paris's right finds itself--his popularity has steadily increased in the opinion polls. And he has secured the endorsement of all the smaller parties in Jospin's "plural left" coalition, including the Communists (except for the Greens, who are nonetheless expected to support Delanoë in the second round of municipal voting). Within the city's sizable gay population, Delanoë has broad support, all the more so because, in contrast to his right-wing opponents, he has been a supporter of the pact of civil solidarity (PACS) for unmarried couples. Passed by the left-controlled National Assembly in 1999, the PACS recognizes and gives a large number of social and fiscal rights to domestic partnerships, whether homo- or heterosexual.

The conservative RPR, recognizing that Tiberi was politically bankrupt, dropped him as its mayoral candidate in favor of Philippe Séguin, a former party president and minister under Chirac. But even though Séguin is an RPR heavyweight with a reputation for intellectual honesty, his rigidity and independence (in the past he's feuded with Chirac) render him unsuited for the kinds of concessions necessary to unify the fractious Paris right. Meanwhile Mayor Tiberi, despite being disavowed by the RPR, has maintained his candidacy for re-election as an independent and is running a slate of candidates for City Council. In addition, the two extreme-right parties are running their own slates.

Delanoë's ambitious campaign proposals include making Paris "a model of democracy" (through the creation of neighborhood and youth councils and an official forum for civic organizations, the institution of referendums by petition and, above all, a guarantee of "real financial transparency" in government); building 5,000 new low-income and student housing units a year; ending the policy of "autos first" by building a new tramway to encircle Paris, creating 300 kilometers of new bus lanes, more car-free zones for pedestrians, cyclists and roller skaters, and improved river transport on the Seine; providing more daycare centers and facilities for the aged and handicapped; and doubling the city's cultural budget. He also promises halfway houses for gay kids rejected by their parents, giving gay organizations equal access to the subsidies the city already provides to civic groups, creating a new gay archive/research center and waging aggressive city-sponsored campaigns against antigay discrimination and AIDS.

However, even if Delanoë wins, as now seems probable, giving Paris back its former demographic mixture and improving its quality of life--especially for those of modest means--won't be easy, given a city budget that has been fiscally unsound for many years. Moreover, Delanoë's personal shortcomings continue to raise doubts, including on the left: Can a party workhorse with no management experience, nominated almost by default for his mayoral post, innovatively lead the first city of France?

Still, changing the political control of Paris--and ending what Le Nouvel Observateur has dubbed "the corrupt Chirac-Tiberi system"--is a top priority, one that could lead to the right's (and Chirac's) defeat next year. And if this permits one of the world's greatest cities to elect a mayor who is openly gay, why not gamble on his success? Frédéric Martel

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