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As January turned into February, the most important people in the world gathered themselves together in midtown Manhattan for the annual World Economic Forum. Normally held in Davos--the Swiss ski resort previously famous for being the site of Thomas Mann's The Magic Mountain--the meeting was shifted to New York this year as an act of solidarity with a city wounded on September 11.

Healing, though, wasn't much in evidence. To protect the 3,000 delegates--businesspeople, academics, journalists and random celebrities--the area around the Waldorf-Astoria was sealed off with metal fences, dump trucks filled with sand and 4,000 members of the NYPD. Of course, the intention was to keep out the thousands of activists who'd come to protest them, not to mention terrorists who might dream of taking out a good chunk of the global elite in one deadly action.

Thankfully, no mad bombers showed up. And though the protesters were kept well away from what was dubbed the Walled-Off-Astoria, their influence was nonetheless clearly felt. One attendee, Bill Gates, the richest person on earth, actually welcomed them, saying: "It's a healthy thing there are demonstrators in the streets. We need a discussion about whether the rich world is giving back what it should in the developing world. I think there is a legitimate question whether we are."

That Gates said something like that--leaving aside for a moment just what it means--is one sign of how the political environment has changed over the past few years. Another is the evolution of the WEF itself. The forum was founded in 1971 by Klaus Schwab, a Swiss professor of business, policy entrepreneur and social climber. At first it was a quiet and mostly European affair, with executives and a few intellectuals discussing the challenges of what was not yet called "globalization." But it grew over time, gaining visitors from North America and Asia, and by the 1990s had emerged as a de rigueur gathering of a global elite. In fact, it's been one of the ways by which that elite has constituted itself, learning to think, feel and act in common.

Corporate and financial bigwigs--who pay some $25,000 to come--dominate the guest list, but they also invite people who think for them, entertain them and publicize them, for whom the entrance fee is waived. Star academic economists were also on the list of invitees (bizarrely marked "confidential," so I had to swipe a copy), alongside some unexpected names: cultural theorist Homi Bhabha, columnist Arianna Huffington and model Naomi Campbell. And lots of religious figures, NGO officials and union leaders--who, to judge from their press conferences, didn't feel very well listened to. It seems not much communication goes on across the vocational lines; Berkeley economist Brad DeLong, a first-timer, theorized that "one reason that the princes of the corporate and political worlds are where they are is that they are very good at staying quiet when baited by intellectuals."

And DeLong was in the same room with them. Most journalists covering the event weren't so lucky. The WEF designated a handful of clubbable correspondents from places like the New York Times and CNBC as "participating press" and allowed them to mingle with the delegates at the Waldorf. But several hundred others, dubbed "the reporting press," were penned up in a couple of cramped "media centres" in a neighboring hotel. The terms are fascinating. Clearly the participating press participates in the inner workings of power and helps create its mystique. But the reporting press couldn't really report at all: We got to watch some of the sessions on closed-circuit TV (only the big, more formal ones--the intimate brainstorming sessions were strictly private), to read sanitized summaries distributed by the WEF staff and to view a few dignitaries at press conferences, which were generally too short to allow more than a few perfunctory questions.

Not only were we barred from newsworthy events--we weren't even told they were happening. In one of them, Treasury Secretary Paul O'Neill explained bluntly that the Bush Administration let Argentina sink into total crisis rather than engineer a bailout because "they just didn't reform," apparently forgetting that the country was once praised as a model of economic orthodoxy. In another, Colin Powell asserted the right of the United States to go after "evil regimes" as it sees fit--harsh language from the Administration's resident dove. Neither speech went down well with a good bit of the audience; anxiety at Washington's unilateralism was one of the recurrent themes among non-US delegates.

The gathering's mood was clearly troubled. Back in the 1990s, when the US economy was booming, trade barriers were falling and the New Economy was still new, the temper of the gatherings was reportedly pretty giddy. Now, the headlines are full of bad news--Enron, Argentina, recession, terrorism, protest. And the conference reflected it.

Businesspeople and academics mused on how to deal with new risks--you can't hedge against bioterrorism in the futures markets. Economists debated which letter would best describe the US economy--a V (sharp fall followed by a quick recovery), a U with a saggy right tail (long stagnation, weak recovery) or, most appropriate, a W (false recovery followed by a fresh downdraft). The consensus leaned away from the V toward the saggy U, with the W not to be ruled out.

But there were things more profound than the business cycle to worry about. As the Washington Post noted with apparent surprise, "The titles of workshops read like headlines in The Nation: 'Understanding Global Anger,' 'Bridging the Digital Divide' and 'The Politics of Apology.'" Most prominent among those concerned with poverty were the duo of Gates and his new friend Bono, the lead singer of U2. Bono--who identified himself on opening day as a "spoiled-rotten rock star" who loves cake, champagne and the world's poor--hammered at the need for debt relief. (It's easy to make fun of him, but activists are quick to point out that his influence is much to the good.) Gates kept reminding everyone that about 2 billion people live in miserable poverty. Of course, no one was rude enough to point out that Gates's personal fortune alone could retire the debts of about ten African countries.

It's hard to believe this is much more than talk, however. Addressing poverty and exclusion would require WEF attendees to surrender some of their wealth and power, and they're hardly prepared to do that. Stanley Fischer, formerly the second in command at the IMF and now a vice chairman of Citigroup, expressed "profound sympathy" for the people of Argentina but then worried about "political contagion"--the risk that other countries, seeing the crisis there, might reject economic orthodoxy.

Further insight into the WEF mindset was provided by Fischer's panelmate, South African Finance Minister Trevor Manuel. According to Manuel, during the (private) WEF discussions, "poverty was defined...as the absence of access to information," which would be news for anyone struggling to pay the rent. More urgently, he pointed out that "uprisings occur because ordinary people don't feel that they have voice and representation." To ward off that danger, policy-makers must worry about "equity"--which he carefully distinguished from "equality." When I asked him to expand on this distinction, Manuel said, "There are different conceptions of equality to start with. There's equality of opportunity and equality of outcome. But equity is about creating stakeholders. For example, both employers and employees have a stake in good labor practices." When I said that that sounded like it was more about changing perceptions rather than material reality, he said, "It's all those things. It's all those things." Manuel also revealed that the participants had "interesting, interesting debates on whether we should ask business, in the conduct of business, to act ethically or whether it's OK for business to be unethical in the conduct of business and then have some spare cash to do good with." No wonder people pay $25,000 to play this game.

And it's no wonder that on the closing day, a panel of union leaders--five out of some forty who were there, including AFL-CIO president John Sweeney--gave a very downbeat assessment of the forum's dedication to a real adjustment of policy. Sweeney, the most moderate of the group, said that the world economy doesn't have an image problem--its problems are structural. Others spoke of CEOs being "in denial," of hearing but not listening.

Unfortunately, though, there were very few union people--leaders or rank-and-filers--demonstrating in the streets that weekend. That would have made quite an impression on the great and good. But Gates's appreciation of the protesters points to what was doubtless the best thing about this year's forum: The 12,000 who marched through midtown Manhattan on February 2 proved that the so-called antiglobalization movement, a global movement if there ever was one, was not put out of business by September 11. It's alive and well--so alive and well that it set much of the WEF's agenda.

It may look as if domestic politics no longer exists in the new America--the one in which there is no money for anything besides guns and prisons but we don't care because we are all bowling together against the Axis of Evil. But that's not true. As long as there is a fertilized egg somewhere in this great land of ours, there will be domestic politics. George Bush may not be able to bring about the Kingdom of Heaven on Earth for the religious right, who gave him one in four of his votes. He may even realize that a serious victory for religious conservatives--significantly restricting the legality of abortion, say--would hurt the Republican Party, because California has more people than Utah. But he is doing what he can to keep the fundamentalists happy.

It must be frustrating for him--just when we're all supposed to pretend to love our differently faithed neighbor even if we know he's bound for hell, Christians keep saying weird things. First there was Jerry Falwell's remark that God let terrorists blow up the World Trade Center because he was fed up with "the pagans, and the abortionists, and the feminists, and the gays and the lesbians...[and] the ACLU"; Falwell apologized, only to express the same thought a bit more obliquely on November 11 at a Florida church: "If the church had been awake and performing that duty"--proselytizing the ungodly--"I can tell you that we wouldn't be in the mess we're in today." God, says Falwell, "even loves the Taliban"--it's just liberals he can't stand.

And then there's Attorney General John Ashcroft, who burqaed the semi-nude statue of the Spirit of Justice because he felt upstaged by her perky breast at press conferences, and who thinks calico cats are emissaries of the devil, when everyone knows it's black cats. Ashcroft is in trouble with Arab-Americans for offering this proof of the superiority of Christianity to Islam as quoted by conservative columnist Cal Thomas on his radio show on November 9 (and belatedly denied by a Justice Department spokeswoman): "Islam is a religion in which God requires you to send your son to die for him. Christianity is a faith in which God sends his son to die for you." Not to get too wound up in theology here, but if the Christian God sent his own son to die doesn't that make him, according to Ashcroft's definition, a Muslim?

Fortunately, the fertilized egg can be rolled onstage to distract us from such knotty questions. In keeping with the strategy of rebranding antichoice as prochild, the Bush Administration plans to use the CHIP program for poor children to provide healthcare to children "from conception to age nineteen," a neat way of defining zygotes as kids. The women in whom these fine young people are temporarily ensconced will remain uninsured--perhaps they can apply for federal funds by redefining themselves as ambulances or seeing-eye dogs. After all, somebody has to get those fetuses to the doctor's office. As for the 8 million uninsured postbirth children, not to mention the 27 million uninsured adults, who told them to leave the womb?

But wait, there's more. In a highly unusual move, the Justice Department has weighed in on the side of Ohio's "partial-birth abortion" ban, which has been on ice thanks to a federal court ruling that found it did not make enough allowance for a woman's health, as required by the 2000 Supreme Court decision in Carhart v. Nebraska. The Ohio law would permit the operation only to save her life or avoid "serious risk of the substantial and irreversible impairment of a major bodily function." Gee, what about considerable risk of moderate and long-term impairment of a bodily function of only middling importance? Should the Ohio state legislature (seventy-five men, twenty-four women) decide how much damage a woman should suffer on behalf of a fetus? Shouldn't she have something to say about it?

To please fanatical antichoicer Representative Chris Smith of New Jersey, Bush is holding back $34 million from UN family planning programs. To return the favor, Congressional Republicans have revived the Child Custody Protection Act, which would bar anyone but a parent from taking a minor across state lines for an abortion. The parental-notification-and-consent laws of a pregnant teen's home state would follow her wherever she goes, like killer bees, or the Furies--and unlike any other law.

Bush is also stacking with social conservatives commissions that have nothing to do with abortion per se but raise issues of sex, gender and reproduction. The cloning commission, called the Council on Bioethics (fourteen men, four women), is headed by bioethicist Leon Kass, a former opponent of in vitro fertilization who's associated with the American Enterprise Institute. There's room around the table for antichoice columnist Charles Krauthammer; antichoice law professor Mary Ann Glendon, the Vatican's representative at the UN conference on women, in Beijing; and social theorist Francis Fukuyama, who wrote in a New York Times Op-Ed that the thirty-years-overdue introduction of the pill in Japan in 1999 spelled the downfall of the Japanese family, because now women will just run wild. But there are only four research scientists, and no advocates for patients with diseases that the cloning of stem cells might someday help cure. Similarly, the newly reconfigured AIDS commission is said to be stacked with religious conservatives and will be headed by former Representative Tom Coburn, whose claim to fame is his rejection of condoms, which sometimes fail, in favor of "monogamy," which never does.

Finally, there's the nomination of Charles Pickering for the Court of Appeals for the Fifth Circuit. Rated unqualified by the Magnolia Bar Association of Mississippi. Pickering, an ardent segregationist when it counted, opposed the ERA, has been a lifelong opponent of legal abortion and won't discuss his antichoice record in Senate hearings. The Fifth Circuit includes Texas, Louisiana and Mississippi, states where the right to abortion is already compromised by conservative legislatures; in l999 Texas tied with Michigan for most new antichoice laws enacted (seven). Traditionally the federal courts offer hope of redress for victims of state laws--in this case, some of the poorest women in the country. What are the chances that Pickering will champion their rights and their health?

My money's on the fertilized egg.

Facing the anguish of their gay son, the Hardys became accidental activists.

From 1961 to 1966, the Reverend Martin Luther King Jr. wrote an annual essay for The Nation on the state of civil rights and race relations in America. In 1965, he wrote about the power of demonstrations and "legislation written in the streets."

On Saturday, February 2, approximately 12,000 demonstrators gathered in New York City to protest the meeting of the World Economic Forum.

The movement can seize the moral high ground and win support for change.

The challenge to global capitalism is more relevant now than before September 11.

In this most emotionally charged of times, I think that many of the moral issues we face are overlaid by an oft-expressed tension between the need for security and the full protections of human rights. It is always expressed as a tension, freedom as opposed to security. It is a false dichotomy but understandable, given how afraid we all are. And so we limit our sights to the need for good policy, good intelligence and strong, democratically inclined, diplomatically gifted leaders.

But I am also a lawyer, and a child of the civil rights era, which was, a bit like these times, a dangerous time, troubled by terrorizing outlaw behavior, a violent time. Yet what guided us, black and white, men and women, minority and majority, through that time was a determined appeal and, ultimately, adherence to principles of morality, justice and law. Dr. King's appeal to a transformative progressive society, to what he referred to as The Beloved Community, was of course an overtly theological argument, grounded in a love of all humanity. But it was also a metaphor, and that metaphor was grounded in a legal case, in a series of legal cases that held steadfastly to notions of fairness, equality and due process of law. The legal and political triumphs of the civil rights era remain a monument to America's best ideals.

Those times too were fraught with passion and grief. There were those who thought that Dr. King's work for racial equality was too radical, too deeply subversive, or unpatriotic. There were those who thought his opposition to American policy in Vietnam merited the response Love it or leave it. Similarly, there are those who have taken George W. Bush's oft-repeated statement--originally a warning to Iraq, as I recall--of "you're either with us or against us" and applied it broadly and inappropriately to men and women of conscience who express their concern that international conventions and norms of human rights be scrupulously applied in the battle against Al Qaeda.

Trust, don't ask, some have said. Say something positive or shut up. I worry a lot about the predominance of flat "either-or" dualisms that by their very syntax eliminate the middle ground so necessary to political debate. Love it or leave it. But Dr. King loved his country, and there was no "or" about it. He did not leave America but worked to impart a legacy that changed it and the world for the better. He appealed to a society that is committed to unity and yet vaunts individual freedom, including the freedom to dissent.

These tensions are often placed like roadblocks: security versus freedom, community versus dissent. That pervasive sense of opposition was a challenge for Americans in Dr. King's time, and it is a challenge for Americans now. And because the United States is a model others copy as well as a global force to be reckoned with, the citizens of the world are, one by one, having to resolve these tensions as well. As Dr. King said, "Civil rights"--or human rights I think he would add in today's global context--"civil rights is an eternal moral issue..."

Whatever the issue, whatever the time, we must resist a mindset that defines those who are "with us" as those who accept all policies as untouchable, all military action as automatically legitimate, all criticism as giving aid and comfort to the enemy. Otherwise we consign people who are engaged in the essence of democratic debate to the conceptual dustbin of those who are "against us." You're either on board as a team player or (according to the last few days of the New York Post alone) you're a brainless, overintellectualizing, group-thinking, anarchist, socialist, communist, stalinist, nihilistic, solipsistic, atheistic, politically correct, race-card-playing feminazi crackpot.

I sometimes wonder if we've forgotten who the enemy is.

But it is not unpatriotic to question and argue about our public policy; it's a duty of citizenship. It is not disrespectful to the Republic to ask, when our Defense Secretary says the men held in Guantánamo Bay are receiving better treatment than the Taliban ever gave their prisoners, what that means precisely. That they have not yet been beheaded? Or that the norms of the Geneva Convention and the Constitution are being rigorously observed?

I worry too about the degree to which we keep referring to these enemies as The Evil Ones or The Bad Guys--such odd terms, as though our leaders were speaking to very young children. By this, Al Qaeda is placed in an almost biblical narrative, ready to be smote and cast out. In this model, giving The Evil Ones so mundane a forum as a trial is literally "courting" the devil. While this sort of embedded language has certainly galvanized the people in a time of great crisis, I don't believe it's a useful long-term model for a democratic secular government trying to fight real political foes, particularly stateless enemies who are religious zealots in their own right. This sort of narrative obscures the adult reality that they are enemies, not viruses. They are humans, not demons. They are criminals, not satanic extraterrestrials. They may indeed be our New Age Goebbelses and Goerings, but we did not put Nazi war criminals in cages. We brought them to justice.

Given all this we will need all the thoughtful voices we can get to help our beleaguered leaders figure out a world that is growing more mobile, more diasporic, more riven by racism, xenophobia, anti-Semitism (and I mean anti-Semitism in the broad sense of prejudice against all Semitic peoples, including Jews, Arabs and some Asians), religious intolerance, economic disparity and struggles for land. Indeed, recent tensions are such that some are calling this a "clash of civilizations." This too is something we should be wary of. Organized crime syndicates--whether the Ku Klux Klan in the civil rights era or Al Qaeda now--do not a civilization make.

As we move into Black History Month, it is good to remember that Dr. King's message was far more complex than the naïve rosiness to which he's often reduced. He insisted on equal protection even for those we do not like. He insisted on due process of law even for those whom we have reason to fear. And he demanded that we respect the humanity even of those we despise.

Throwing the book at people is nothing new, but in our post-9/11 world the screws are tightening. Take San Francisco, whose District Attorney is Terence "Kayo" Hallinan, a progressive fellow. Indeed, in his 2000 re-election bid Hallinan survived years of abuse in the San Francisco Chronicle for supposedly being altogether too slack a prosecutor, with poor conviction rates and kindred offenses betokening softness on crime.

Yet this is the same Hallinan who's hit two gay AIDS activists with an escalating barrage of charges, currently amounting to forty-one alleged felonies and misdemeanors, all adding up to what he has stigmatized in the local press as "terrorism." That's a trigger word these days, as Sarah Jane Olson, a k a Kathleen Soliah, recently discovered when a judge put her away for twenty years to life for actions back in the 1970s.

Held in San Francisco County Jail since last November 28 are Michael Petrelis and David Pasquarelli. Neither man has been able to make bail, which Hallinan successfully requested to be set at $500,000 for Petrelis and $600,000 for Pasquarelli.

Why this astonishing bail? What it boils down to is that the two accused are dissidents notorious for raising all kinds of inconvenient, sometimes obscene hell about AIDS issues. They've long been detested by San Francisco's AIDS establishment, which Petrelis in particular has savaged as being disfigured by overpaid executives, ineffective HIV-prevention campaigns and all-round complacency and sloth.

They've taken kooky positions. Pasquarelli, for example, believes that HIV doesn't cause AIDS. Petrelis hasn't scrupled to form alliances with right-wingers in Congress when it suits his tactical book. Being attacked by them can be an unpleasant experience. Who wants to get phoned in the middle of the night and be asked whether your wife has got your syphilitic dick in her mouth?

The two were thrown in jail because of an escalating campaign they launched late last year amid calls for an expansion of quarantining laws across the country, prompted by fears of bioterrorism. Petrelis and Pasquarelli took after an SF public health official, Jeffrey Klausner, for seeming to endorse quarantining of people with AIDS. They also assailed the media, notably the San Francisco Chronicle, for relaying what the two claimed were inflated statistics about increases in the rates of syphilis and HIV in San Francisco. The higher the stats, the more dollars flow to various AIDS bureaucracies. The Chronicle claimed tremulously that not only had its reporters been showered with filthy nocturnal calls to their homes but that there had been a bomb threat against the paper.

On the basis of what has surfaced so far, the charges and bail are way out of kilter with the facts of the case. Their severity defies logical explanation, unless we acknowledge the loathing Petrelis and Pasquarelli inspire in San Francisco's respectable element and among some well-known organizers.

Take Kate Sorensen, an AIDS activist who herself was held on $1 million bail for leading demonstrations outside the 2000 Republican convention in Philadelphia. The DA there took her to trial on three felonies, though she was only convicted of a misdemeanor. Such experiences have not evoked any solidarity with the San Francisco pair. Wrote Sorensen recently, "I will fight for our right to demonstrate. I will fight for our right to free speech. I will fight this police state, but I will not fight for you."

This self-righteous stance was elicited by an open letter of concern addressing the prosecution of Petrelis and Pasquarelli. Organized by the radical gay civil libertarian Bill Dobbs of Queer Watch, the open letter (go to www.openletteronline.com and look under "Politics & Activism," then "Petrelis-Pasquarelli") has been signed by hundreds, including many well-known gay figures like Harvey Fierstein, Scott Tucker, Barbara Smith and Judy Greenspan. The letter questions the motivation for the charges and makes the scarcely extremist demand that the two get fair legal treatment and reasonable bail.

Moderate though the terms of the letter are, it has aroused much fury from the San Francisco gay establishment, whose animus against Petrelis and Pasquarelli was what apparently prompted Hallinan to have the pair charged and arrested in the first place. On November 15 Martin Delaney of Project Inform, Mike Shriver of the mayor's office and fifteen others published a letter in the Bay Area Reporter urging people to pressure Hallinan, demanding "full prosecution of Pasquarelli, Petrelis and their collaborators."

Petrelis and Pasquarelli have a potent posse howling for their heads. "They fucked with the wrong people," said a health official quoted in the San Francisco Examiner on January 23. The "wrong people" include a broad swath of liberals and leftists in and out of government, the AIDS establishment and media figures.

Time was when a decent death threat used to be a badge of honor in the Fourth Estate. Jimmy Breslin recently recalled to Dobbs his glorious "Son of Sam" days, when violent threats were so routine at the New York Daily News that the paper's switchboard operator was wont to ask callers whether they were registering "general death threats" or "specific death threats for Mr. Breslin."

Granted, Chronicle editor Phil Bronstein is a terror survivor of "Attack by Lizard in the LA Zoo," and his wife, Sharon Stone, is the marquee celebrity for one of Petrelis's targets, the American Foundation for AIDS Research, but Bronstein should remember that Daily News phone operator and get off his high horse.

Hallinan's got a radical past and even radical pretensions. He knows as well as anyone that conspiracy charges have long been used to smash protest. And he knows as well as anyone that militant protest is at the cutting edge of social conscience. It's easy to grandstand about the foul tactics, the obscenities, the all-round vulgarity of Pasquarelli and Petrelis, but should this add up to a demand that they be thrown into prison for years? Of course it shouldn't. Judge Parker Meeks Jr. should resist the entreaties of the posse and cut the preposterous bail drastically or release them on their own recognizance. Hallinan should get his sense of perspective back, and drop the drastic charges.

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