Who says this is a do-nothing Congress? Sure, it can't agree on expanding the childcare tax credit or approve an increase in the minimum wage. Yet, as Congress prepares to adjourn, legislators were rushing to protect and expand tax subsidies for some of the largest, most profitable corporations in the world. Under current law, US exporters can set up largely paper presences in foreign tax havens like Barbados. The exporters can then exempt between 15 and 30 percent of their export income from taxes by routing products through these entities, called Foreign Sales Corporations. In a recent case filed by the European Union, however, the World Trade Organization ruled that the FSC tax break was an illegal subsidy.
Precedent has shown the United States more than willing to bend to the will of the WTO. For example, when the WTO ruled against an Endangered Species Act protecting sea turtles, the United States quickly eased its regulations. Yet when a multibillion-dollar tax incentive is at stake, Washington falls all over itself to protect corporate welfare.
Immediately after the WTO ruling against FSCs, the Clinton Administration, a few members of Congress and the business community began meeting in secret to work out a bill that eliminates FSC in name only while actually expanding export subsidies for a total cost to taxpayers of about $4 billion a year. The beneficiaries? General Electric, Boeing, Raytheon, Cisco Systems, Archer Daniels Midland and others. The House approved this bill with only forty minutes of debate and no amendments allowed, by a vote of 315 to 109. The bill was held up in the Senate because some objected to the tax break for arms manufacturers and subsidies for tobacco exports. Despite the objections, the bill is expected to be tacked onto a must-pass budget bill and signed by the President.
The proponents of this giveaway claim it will promote US jobs. However, the Congressional Budget Office, whose director was appointed by Republicans, has written, "Export subsidies do not increase the overall level of domestic investment and domestic employment.... In the long run, export subsidies increase imports as much as exports." The nonpartisan Congressional Research Service reached a similar conclusion.
It gets worse. The tax break may actually subsidize moving US jobs overseas. There is no requirement that a substantial portion of a product covered by the subsidies be made with US content or with US labor. An Administration official said that an eligible product could have "little or no US content" and still qualify.
Not only is the legislation not economically justifiable, it is not likely to comply with the WTO ruling. The EU has already stated that the changes aren't adequate, and it intends to seek authority to retaliate by imposing 100 percent tariffs on some $4 billion worth of US goods.
I am not a fan of the WTO. It is an unaccountable, secretive, undemocratic bureaucracy that looks out for the interests of multinational corporations and investors at the expense of human rights, labor standards, national sovereignty and the environment. But by pointing out that export subsidies like FSCs are corporate welfare, the WTO has done US taxpayers a favor. It has once again highlighted the fact that US trade policy is written by and for corporations, with no concern for workers, human rights or environmental protection.
The fundamentals in the Middle East have changed so drastically--unalterably--that the recent agreement at Sharm el Sheik was just a strip of gauze on a gaping wound. The complacent assumption of many in Israel and the United States that the "peace process" was moving irreversibly forward has been drastically shaken.
An enormous gulf opened between the two peoples sharing the same land. A troubled Israeli columnist wrote in Yediot Ahronot, "It was only two weeks ago that we were buying furniture in Ramallah, gambling in Jericho, importing vegetables from the West Bank villages and reading about the Palestinians' intention to build six new duty-free malls for Israelis along the border with the autonomous areas." (Note the one-sided view of Palestine as a consumers' haven.) "Where was this [anger] concealed so that we didn't see it?" The answer came from a Palestinian social worker: "For fifty years, we have lived together, yet I do not believe the Jews really know anything about us.... Young men cannot find work. Nearly half of all Arabs in Nazareth live below the poverty line.... Why is anyone amazed that everything has exploded?"
How could any reasonable person not have believed that the visit of Ariel Sharon, escorted by 1,000 policemen, to the Temple Mount--also known as the Dome of the Rock, a Muslim holy site--would provoke the Palestinians? As Gideon Levy wrote in Haaretz, Sharon did not care if he offended the Palestinians--"he went up ignoring their existence completely. He went up for internal political reasons, without giving a thought to how his behavior might affect them." Sharon is loathed by Palestinians for the brutal war in Lebanon and for loudly championing the policy of pushing ever more settlements into their space.
It is true that Sharon's visit was not the "real" cause of the riots. They were ignited by long-smoldering outrage over the failure of the Oslo process to deliver any tangible benefits to Palestinians. One of the greatest of the longstanding provocations, along with the humiliating Israeli military presence, is the ongoing encroachment of Jewish settlements on Palestinian space, which has continued unabated under the Barak government.
In the short term the violence must be stopped; in the longer term, all sides--but particularly the United States and Israel--must absorb the lessons of this round of violence before they go about trying to restart peace talks. The Israelis must face the fact that it is wildly unrealistic to maintain sovereignty over East Jerusalem, overwhelmingly inhabited by Palestinians determined to contest that sovereignty. The United States must face the fact that it has failed to convince the Palestinians that it can be a fair and honest broker (about $5 billion annually in military and economic aid to Israel, an occupying power, has always made that claim rather hollow). Arafat concluded that trilateral negotiations (Israel, the United States, the Palestinians) left him isolated, called on to make compromises that would be politically fatal to him. The Arabs' insistence on Secretary General Kofi Annan's participation in the Sharm el Sheik talks signaled the need for an expanded UN role in the region. The European Union, Jordan, Egypt and other Arab states must play a greater part as well.
To regain its credibility as broker, the United States should involve the UN, the EU and the Palestinians in the preparation of its report on the causes of the violence. Israel must cease its reliance on military force, which exacerbates tensions and keeps youthful Palestinians raging in the streets. Arafat has a role in cooling the violence, but he cannot do it until religious fanatics on both sides are reined in. Beyond that, two estranged peoples must somehow be reconciled. With time, the wound can be healed. It must be.
You may find reading Akhil Sharma's debut novel akin to having your head held underwater. Attendant with feelings of a relentless, choking panic, though, will be an almost preternatural awareness of the details suffusing the experience.
In Sharma's An Obedient Father, a stunning work that is both personal and political, you hear a man say, "Misery often makes me want to look away from the present and leads me to nostalgia." The misery of the present is born out of the political trials of India in the early eighties. The escape that the narrator wishes for is driven by yearning for a rural past: "As I swallowed my heart medicine in the blue dark of the common room, I imagined walking through Beri's sugarcane fields and sitting beneath a mango tree. I wanted to be a child again, with the future a wide, still river in the afternoon." What makes this nostalgia for an unsullied past both poignant and problematic is that it is the desire of a man who cannot escape the memory of the newspapers soaking up the blood beneath his daughter's thighs each night after he has raped her.
The protagonist, Ram Karan, is a corrupt official in the Education Department in Delhi. He is a widower living with his newly widowed daughter, Anita, and his young granddaughter. Anita is the child he raped repeatedly twenty years earlier. Most of the book is in Karan's voice.
The experience of an intimacy so often violent, of being a witness to what is routinely hidden but is here plainly visible, is a result of the quality of the narrator's voice. Lucid and perverse, like the solipsistic narrator of Nabokov's Lolita, the confessions of Sharma's antihero are sharp, even empathetic, and loathsome. (Recall Nabokov's H.H.: "I had possessed her--and she never knew it. All right. But would it not tell sometime later? Had I not tampered with her fate by involving her image in my voluptas? Oh, it was, and remains, a source of great and terrible wonder.")
The social backdrop of the novel is also enriched by the tussle for the Delhi seat between a dying Congress Party and an emergent, right-wing Bharatiya Janata Party. Karan is the money man, the bribe-collector, for one of the candidates in the parliamentary election. The petty political intrigues and their murderous fallouts provide a distraction from the less public drama that is played out inside the three-member Karan home.
It is to Sharma's great credit as a novelist that I was as often horrified by Karan's abuses and compulsive degradations as I was held captive by his pellucid dissection of shame that exposes a geography of self-delusion and national wrongdoing. There can be no doubt that Ram Karan is evil, but because he almost always is given voice, he also remains in some measure human.
This is the book's most disturbing feature but also its most powerful triumph. As a result, An Obedient Father poses a serious challenge to a reviewer who is tempted to take refuge in the easiest, moralizing dismissal of this unusual novel. There is reason to be dismayed by its brutality, and not everyone can savor its black humor; but it cannot be denied that the maddening narrative voice is as darkly hypnotic as those found in the pages of Dostoyevsky.
Sharma also pulls off the trick of showing that a collective political degradation is intertwined seamlessly with personal turpitude. Indira Gandhi's dictatorial "emergency," imposed twenty-five years ago, suspended civil rights and gave a free hand to an inner circle of politicos in Delhi. The emergency didn't tamper only with democratic institutions; its depredations made more base our responses to those weaker than we are. Sharma's novel bears the scars of that trauma and its aftermath on Karan, but also on his daughter: "Money would make everything negotiable.... The more years Indira Gandhi spent in office, the more my income grew, for more and more things fell under the government's aegis and we civil servants were the gatekeepers. I bought a toaster, a blender, a refrigerator, and a television. Anita went through higher secondary and into college. She grew up shy and easily panicked, but there was nothing that marked her as damaged."
If Kafka's K. located power in the distant castle, Sharma shows us mercilessly that such castles are our homes, so to speak, in our bedrooms. In fact, when you overhear Ram Karan's confessions about his political sins to his daughter each evening after the English news, you also realize that the political is a deflection from the interrogation of the personal. Karan understands this well: "I thought that providing her with something to rage about openly would be a way to keep us from the topic of what I had done to her."
Incest has enjoyed a popular run in Indian fiction recently. An Obedient Father is perhaps the novel that, some might say, Arundhati Roy had wanted to write when she wrote The God of Small Things. It is certainly the novel that Raj Kamal Jha came close to writing when in The Blue Bedspread he plumbed the dark ambiguities of abuse and incest. Sharma's novel is part of a brilliant coming of age in Indian fiction.
The dust jacket of the book informs us that its author is an investment banker who lives in Manhattan. He was born in India but grew up in Edison, New Jersey, studied at Princeton and later Stanford. He has won two O. Henry awards for his short fiction and worked as a scriptwriter for Steven Spielberg.What is most remarkable about this profile is not the youth (he's 29) or even the impressive array of accomplishments; rather, it is the fact that a writer who has lived most of his life outside India is able to write about life in Delhi with such sensitivity and flair. The brothels of Delhi's GB Road, the roads and shops of Kamla Nagar, the alleys of Old Delhi, in the changing light and temperature of the seasons, all come alive in this book's pages. Even the evocation of Karan's childhood in a village before India's independence is exact and intriguing:
I remembered that when my mother and I waited by the side of the road for a bus, I would tell my mother to move back, not because I was worried about her safety, but because this was one of the few ways I had to show my love.... Violence was common. Grown men used to rub kerosene on a bitch's nipples and watch it bite itself to death.
Does this sharpness of outline in the book, its confidence in its own voice and descriptions, put an end to the debate about the authenticity of Indian expatriate writers? An Obedient Father demonstrates that magical realism à la Salman Rushdie is not the indispensable tool of the Indian writer living abroad and, second, that unmagical realism à la Rohinton Mistry is insignificant if it does not scratch away at wounds that are covered over by the scabs of silence.
Unlike Rushdie and Mistry, both of whom have written about Indira Gandhi's emergency, Sharma produces nothing that could have been culled from the pages of a newspaper. Neither magical nor dull, his writing transgresses the borders of earlier, celebrated fictions, and he makes connections that are both vivid and dislocating: "Every night I had dreams of humiliation, of people catching me with Anita. When I saw a rooster picking at a pile of dung, I wondered what he was eating. Around this time I also began imagining sucking the penises of powerful men."
We learn early about Karan's death, but there is little consolation in this. The ironies of the victimizer becoming a victim, at the novel's end, are plainly discernible. Yet such ironies are overshadowed by the more gloomy evidence of damaged lives and their unsettled grief. And after Karan's death, I missed his eye for detail. I could not let go of the thought that of all the people in the room when Anita informs her extended family of what happened in her past, Karan is the only one who notices that everyone, in their desire to help, had ignored Anita's own desires. (Nabokov's H.H. was similarly cognizant of deeper absences: "I stood listening to that musical vibration from my lofty slope, to those flashes of separate cries with a kind of demure murmur for background, and then I knew that the hopelessly poignant thing was not Lolita's absence from my side, but the absence of her voice from that concord.")
I tried to think again about one of Karan's earlier statements: "All the things that might mark me as unusual and explain what I did to Anita were present in other people." Did I not see the signs in my own life?
I was returning to college one summer from my hometown in Bihar, India. The train stopped at Aligarh. We were running late and it was hot outside. I looked up from my reading when an old man appeared and began to claim in a loud voice that he was Jawaharlal Nehru. The train began to move. There were many new passengers, daily commuters with their bags and their loads of merchandise. Some of them began joking with the old man. The Aligarh passengers, all men, settled down to a game of cards. They asked the old man a question or two and then teased him. Like many others in the compartment, I was amused by this teasing.
The old man, sensing that he was being mocked, shouted louder; one of the men slapped him from the upper berth and told him to be quiet. The old man was wearing a white cotton cap, as Nehru did in photographs. The cap had been knocked down. The old man picked it up and turned on the others with filthy abuses.
This was all the provocation the men needed. All down the narrow pathway between the berths, violent blows rained on the old man, who swore and spat viciously. His head began to bleed. One man gave his rubber slipper to the old man and asked him to use it to sweep the floor. "Do that, Jawaharlal," he said. When the old man tried to use the slipper to hit back, the man pulled his dhoti, leaving the old man naked from the waist down.
My fellow passengers, many of whom had been sitting till then, crowded around the old man and tore off his shirt. They kicked his genitals. Someone on a nearby berth asked that this be stopped, but this appeal had no effect.
There was a stink coming from the corner in which the old man had been pushed. As I said, it was very hot outside, and it was hot in the compartment too. I did not want to move. I thought of the old man when I got to my hostel and was preparing to sleep, but I don't think I've thought of him for any length of time ever again till I was reading An Obedient Father. That memory of derangement and violence was evoked by the book, no doubt, but also evoked was the claustrophobia of our closed lives, our bitterness and the collective nakedness ringing with abuse.
If Western Europe is to be independent it must defend its welfare state.
Marvin Kalb, executive director of the Washington office of Harvard's Shorenstein Center on the Press, Politics, and Public Policy, diagnoses an anti-Israel tilt in the US media, in which "the Israelis have come through a miraculous alchemical formula to become the giants and everyone else is the David.'' What planet is this man living on?
Just look at the numbers. Nearly 100 Palestinians have been killed and more than 2,500 injured, compared with just five Israeli Jews. The Palestinians attack with stones, Molotov cocktails and the extremely rare automatic weapon. Unlike nations that quell riots by their own people with tear gas and rubber bullets, the Israelis respond with live ammunition: antitank rockets, helicopter gunships and armor-piercing missiles. Armed Jewish vigilantes have undertaken murderous rampages against unarmed Arab citizens, shooting them in cold blood. The UN Security Council condemns Israel's "excessive use of force."
Yet aside from the Palestinians invited to speak explicitly for their own cause, the mainstream US media condemn the Palestinians and exonerate Israel with Soviet-like consensus. Editorial pages are unanimous in apportioning the blame exclusively to Yasir Arafat rather than the war criminal Ariel Sharon, who provoked the riots to advance his political career. Sharon was puffed up in extremely sympathetic interviews by Lally Weymouth published in the Washington Post and Newsweek, and held forth as well on the Wall Street Journal Op-Ed page. Meanwhile, the members of the punditocracy who appeared during the weekend of Barak's ultimatum spoke as if channeling American Jewish Committee talking points.
While Hillary Clinton and Rick Lazio battled one another to shower the Palestinians with higher and higher degrees of contempt in their second debate, the only American voices heard to speak to the larger context of the conflict were the twin electoral outliers, Ralph Nader and Pat Buchanan. Given his history of anti-Semitism and hatred of Israel, the former Crossfire host has forfeited any credibility he once had on the issue. Nader's criticism of Sharon, which he expressed on CBS's Face the Nation, was therefore far more valuable, especially in light of the relative scarcity of such voices on network television.
More typical, however, are the views of Charles Krauthammer, who has apparently contracted the same mental and emotional affliction that drove poor Abe Rosenthal insane. The pundit actually compared the phenomenon of Palestinian riots and rock-throwing to the Nazi invasion of Poland. Complaining of overly sympathetic coverage of Palestinian "frustration"--"frustration with what?" Krauthammer demanded in mock horror, as if the average Palestinian refugee lived next door in Chevy Chase--Krauthammer termed Israel's dovish leaders "feckless" for seeking an accommodation to create a nation where Jewish soldiers are no longer in a position to gun down unarmed 12-year-old boys.
Sure Arafat is a corrupt, untrustworthy leader, and I wish he had somehow found the courage to risk his own neck and embrace Barak's surprising concessions at Camp David, if only as a foundation stone in a much longer peace process. The concessions were, unfortunately, the best offer the Palestinians are likely to get for some time. But it's not Arafat's indecision or Palestinian rock-throwing that lies at the root of the current conflict. Rather, as the Israeli lawyer Allegra Pacheco wrote on the Times Op-Ed page, it is the fact that "the proponents of the agreement, including the Clinton Administration, never fully informed the Palestinian people that the [Oslo] accord did not offer any guarantee of Palestinian self-determination, full equality and an end to the military occupation." Since Oslo, Pacheco notes, the quality of life in the West Bank and Gaza has declined from terrible to nearly unbearable. Owing to the lack of good will on both sides, what is being constructed from Oslo is less peace than apartheid.
I have walked across open sewage in Palestinian refugee camps surrounded by children begging for candy. I have been served tea at the home of a Palestinian family whose 13-year-old son was killed days earlier by the Israeli Defense Force as a suspect in a murder that turned out to be the work of a crazed Jewish fanatic. I have stood in the rubble of Palestinian houses that the Israelis bulldozed as a warning to those who would continue to protest. Seven years ago, I stood on the White House lawn and listened, tearfully, to Yitzhak Rabin say "enough" to the killing on both sides. Alas, it was not enough. And given the realities on the ground, for every Israeli who loses a son or daughter, so too will scores of Palestinians.
It would behoove those in the media who hold forth on this issue to address themselves for once to its larger context. It is Israel that is oppressing the Palestinians, and it is the Palestinians who are doing virtually all the dying. True, Ehud Barak has taken massive political risks by offering concessions that go well beyond the Israeli consensus. He is a brave leader and an authentic soldier for peace. But given the magnitude of the physical, psychological and sociological costs of the Palestinian "catastrophe," Barak's best is simply not good enough. The only chance for lasting peace will come when Israel agrees to share Jerusalem with a full Palestinian partner, granting equal rights to citizens of both nations; with Israeli rule in the West and Palestinian rule in the East.
Perhaps it's too much to ask a victorious people to offer genuine justice and material sacrifice to the nation it has vanquished on the battlefield--particularly when the hatred of the defeated nation continues unabated. But the Palestinians will accept nothing less.
I'm a Jew with deep emotional ties to Israel and strong sympathies with the Labor/Zionist project. My own words fill me with foreboding. But if it must come to war, then let us at least be honest about it. Like Ariel Sharon's 1982 invasion of Lebanon, it will be a war that Israel has chosen because it could not countenance the alternatives. And it will be the Palestinians who, once again, will endure the lion's share of the suffering.
It took them thirteen years to ditch
Old Slobodan Milosevic.
Now people see a new day dawn,
But notice that he's still not gone.
New York City
The Nation acknowledges that military and civilian trials in Peru violate due process of law in terrorism cases, that thousands of innocent people have been convicted and that thousands remain in prison in Peru today after political trials. Presumably it agrees that DINCOTE, the Peruvian antiterrorism police responsible for those convictions, are about as restrained and trustworthy as the elite national police that served Pinochet in Chile, the military governments in Argentina and Guatemala in the seventies and eighties and similar other police states.
Why then did The Nation choose to use its resources and invest its credibility to challenge Lori Berenson's innocence by relying on what are allegedly DINCOTE documents [Jonathan Levi and Liz Mineo, "The Lori Berenson Papers," Sept. 4/11]? The Nation was told that Peru planned to nullify Lori's military tribunal conviction and sentence to life imprisonment on the basis of a petition she filed in December 1999, and that The Nation was being used by DINCOTE to support charges against Lori for a new show trial.
Jonathan Levi misleads his readers by implying that the Berensons and I questioned only the authenticity of the records. If he will listen to the tape he made of our interview, he will hear it was the reliability of the papers, not merely their authenticity, that we challenged. We told The Nation that DINCOTE leaked the papers, "never before seen by the public but obtained by The Nation," precisely to spread false information about Lori in its pages, which reach so many of Lori's supporters, at the very time Peru would nullify Lori's military trial and begin yet another propaganda campaign against her in a new show trial in civilian courts, a trial that is itself illegal and not capable of fairness. The military tribunal, after a nine-month delay, nullified Lori's conviction and began the new proceedings just as the Nation cover story with its picture of Lori was being distributed.
The article accepts as gospel the false DINCOTE allegations of fact even where Lori has had the rare opportunity to state the opposite. The article refers repeatedly to Lori's "testimony," "deposition," "transcripts," suggesting there exist exact verifiable statements by Lori. But there are no transcripts, depositions or verbatim testimony, there is only what Levi claims a DINCOTE file they will not disclose contains. Who believes DINCOTE? Nor is it accurate to say that the papers "shed new light." All the false claims about Lori have been leaked to the press and printed repeatedly.
Levi has refused to permit the Berensons, or me, to see the papers he has. This places him in the same position as DINCOTE, which he concedes refused to provide copies of the documents "even to her lawyers," and in the same position as the Fujimori government, which has refused to provide any documents to the Berensons, Lori's counsel or the Inter-American Commission on Human Rights. Levi said he is "especially afraid with the trial coming up" to provide Lori a copy of the documents, because that would "have us working for the defense." Incredible. He is working for DINCOTE. He claims to have "sources intimately familiar with [its] workings." We ask only for a copy of the false papers with which Levi challenges Lori's innocence, not the source for the papers.
Aside from the moral outrage of promoting DINCOTE propaganda, the Nation article is patently cheap and demeaning to Lori Berenson. In a single sentence, asserting how "most ordinary Peruvians" feel about Lori, Levi writes that she "is a Beauty who slouches...toward Latin America, only to turn into a terrorist Beast, eyes wide open." Why the triple play on a fairy tale, a Didion book title and a prurient movie? Why the repeated references and allusions to sex? Above all, why is Levi, who has never met Lori, compelled to deny the possibility that she acted from inner qualities of goodness, even greatness, as he observes heroines in "classical tragedy" to do? Instead, he argues that she is doing the reverse: "She seems to be translating her fall into a theatrical grandeur." Lori has spent nearly five years in life-threatening prison conditions without a trial by any civilized standard on false charges in complete isolation, where any effort at "theatrical grandeur" can be seen by no one. All while the controlled press in Peru demonize her daily and The Nation serves DINCOTE's cause here in the United States.
Levi seems to know little about Peru, or Lori's case, except what DINCOTE and people within its sphere of influence told him. Lori's Peruvian lawyer in the military trial, who has not represented her for years, despite Levi's assertion that he still does, "although he is not as active as he once was," was never present during her nearly nine days of intense interrogation and sleep deprivation when Lori was alone in the tender hands of DINCOTE. On the day the statement DINCOTE prepared was given to her to sign, he saw Lori for the first time but was never able to talk with her in private before, during or thereafter. From time to time he has made statements harmful to Lori for whatever reason, which Levi joins the Peruvian press in repeating with glee.
The utter emptiness of the effort to support some level of guilt is found in Levi's repeated references to the one exposure to the Peruvian press just before her sentencing that was forced on Lori, in which she courageously and angrily spoke with passion about her concerns for the poor and about the absence of social justice in Peru. She also expressed the opinion that the MRTA is a revolutionary movement, not a terrorist group. Can the expression of a single opinion in less than twenty words be a crime? Levi thinks so. He refers to the "contempt in that face" from the film clips, although he has never seen her face. Lori was very angry for good reasons. Peru claims her words are the crime translated as "apology." It carries a lengthy prison term. Levi distinguishes the fate of an Italian woman who was convicted like Lori--but according to them on "more hard evidence"--and who was released after seventeen months, based on her claim of innocence, but Lori has always insisted she was innocent. Apparently he never saw the film clips of the Italian woman, who appeared far more agitated than Lori.
Levi called the Berensons to congratulate them when they heard Lori would get a new trial. But surely even he knows such a trial will not be fair. We can ignore the outrageous and repetitious claims of DINCOTE against Lori carried in The Nation. They are false. Lori will tell the truth if she is forced into a public show trial, and the truth will keep her free in spirit and someday make her free in body.
It is more difficult to ignore the role of The Nation in using its pages to support false DINCOTE propaganda planted to poison US opinion about Lori. A majority of Congress has demanded Lori's release from prison because Lori's parents, despite all the propaganda from Peru and the "Washington Peru policy," have persuaded them Lori is innocent. The Nation has not helped truth find its way out.
Perhaps the Nation Institute will now investigate how this happened.
LEVI & MINEO REPLY
New York City; Cambridge, Mass.
It's sad to watch such a historic defender of human rights as former Attorney General Ramsey Clark so willfully misread our report on his client, Lori Berenson. This misreading starts even before our story begins. Throughout his letter Clark attributes the article solely to Jonathan Levi. In fact, the byline was shared by Levi and Liz Mineo. Clark writes: "Levi seems to know little about Peru or Lori's case." Mineo, a full partner in the research and writing of the piece, was not only born in Lima but lived there for more than thirty-five years and worked (as her bio indicated) as an investigative reporter for a variety of newspapers and magazines, including El Comercio, a newspaper that the Berensons have lauded for its fair coverage of their daughter's case.
Clark makes some strong claims about our journalistic integrity and the motivations behind our story, but he fails to provide any evidence to support them. We reported in the article that Berenson's own lawyer in Peru, Grimaldo Achahui, signed the DINCOTE record of her interrogation and later confirmed its authenticity. Clark attempts to disparage Achahui by declaring that he "has not represented [Lori] for years" and that "he has made statements harmful to Lori." In fact, his last action on her behalf was filing Berenson's appeal to the Inter-American Court of Human Rights in 1999, and as recently as August the Berensons themselves referred to Achahui as Lori's Peruvian lawyer. The only statements of his that we repeat pertain to his verification of Lori's testimony to DINCOTE and his opinion that her sentence was unfair.
Clark writes, "The article accepts as gospel the false DINCOTE allegations of fact...." Perhaps Clark missed the following sentence: "The story that emerges from the documents is one of unusually hasty police surveillance, negligent interrogation and reckless reliance on one witness whose testimony was neither challenged nor corroborated. The documents give a crude demonstration of how hyperinflation can be applied to a police charge, raising Berenson, in its final pages, from the obscurity of a minor suspect to the limelight of a major leader of the MRTA." Our aim was to examine all received truths about the case. To that end, we conducted interviews with dozens of people in Peru, including former and current members of DINCOTE as well as former and current members of the MRTA and educated observers within the diplomatic and business community. Nowhere did we represent the DINCOTE documents as the record of a fair and balanced judicial process. Although we described discrepancies between Berenson's story as it appears in the documents and other available evidence, we also clearly showed grave inconsistencies in the government's case against her.
It is Clark who displays a striking ignorance of Fujimori's Peru. Although anti-regime journalists (including Mineo and many of her former colleagues) have been harassed and threatened by the government, they continue to operate with vigor. Like journalists everywhere, they routinely use anonymous government sources in their work. We came upon the documents in question through sources within DINCOTE who, in our judgment and that of other independent journalists in Peru, were reliable.
Moreover, contrary to Clark's implication, our article, which was published five days before the announcement that the military charges against Berenson had been dismissed, fairly represented the Berensons' fear that their daughter would be retried in civilian court on the charge of collaboration with terrorism, which carries a sentence of twenty years. (She had previously received a life sentence for "treason against the fatherland and conspiracy to overthrow Congress.")
Clark seems most angry that, after our article appeared, we would not show him the documents. An associate of Clark's asked for the documents on a Monday because Lori was due to be examined by the civilian judge on Wednesday. Once the new legal process had begun, we would have risked compromising our credibility as journalists by showing Clark or his associates the documents. We believe that the Peruvian court was wrong to withhold these documents from Berenson and her attorneys. But one does not have to be a lawyer to understand the difference between a judge and a journalist.
In Clark's view, since we were not willing to work for him and the Berensons, we must be working for DINCOTE. It is a charge that is beneath Clark, a veteran of the struggle during the dark cold war days of this country, when loyalty was painted red or white, and if you weren't on our side you were on theirs. Although we feel great sympathy for Mark and Rhoda Berenson and can only hope that our parents might fight so tirelessly and energetically if we found ourselves in Lori's position, we react with an appalled sadness to Clark's slander.
THE EDITORS REPLY
We stand by Jonathan Levi and Liz Mineo's careful reporting for this magazine on the Lori Berenson case. We also share Ramsey Clark's belief that justice is not possible for Berenson in Peru and that she should be released, a view we expressed in an editorial accompanying Levi and Mineo's article and another just after her new civilian trial was announced. The only "truth" we presumed to reveal was that the investigation of her case, her trial and conviction were deeply unfair and the government's evidence against her hopelessly tainted. Therefore, our recommendation was not for her case to be reopened but for human rights advocates to step up pressure on the regime to free her and all those unjustly convicted of terrorism in Peru.
I read with interest the timely report on Lori Berenson, which coincided with the Peruvian government's decision to grant her a retrial. This decision, welcome as it may be by human rights activists and the Berenson family and friends, is, however, seen by large sectors of the Peruvian public as a cynical attempt by a beleaguered government nationally and internationally perceived as illegitimate to improve its relations with the United States. While it makes sense for Berenson's family and well-wishers to portray her at best as totally innocent and at worst as a useful idiot, the documentation provided by The Nation points to a much more conscious collaboration with a guerrilla group intent on forcibly deposing a foreign government. In the United States too, long sentences have been imposed on foreigners convicted of aiding in the planning and/or perpetration of acts of terrorism. The World Trade Center case comes to mind.
As a Peruvian, I find the methods used by my government against the guerrillas excessive and often more criminal than the groups it was fighting. The time has come to re-evaluate many of those actions, in both the military and the legal realms. As scandalous as the lack of due process that led to Berenson's incarceration was, it would be equally scandalous for her to be set free simply because she is a well-represented American at a time when freeing her becomes expedient to the Peruvian and US governments, while hundreds or thousands of others remain indefinitely in jail, sentenced under similar conditions and including the truly innocent.
New York City
That Lori Berenson was denied fair jurisprudence and that our government has not secured her release are both clear. But Jonathan Levi and Liz Mineo's attempts to paint a personal portrait of Lori Berenson (through evidence that may have been completely fabricated or through her "militant" attitude during her press statement, where she was instructed to yell to be heard) miss the point. In an instance of gross human and civil rights violations, it is entirely inappropriate to look for kernels of rationale based on the victim's behavior. That Lori is innocent isn't even the issue here--would you deem it appropriate to examine the behavior of a Jewish storekeeper in Nazi-era Germany in order to find a shred of justification in his subsequent gassing at Auschwitz? Lori's imprisonment, her health problems and the outrageous treatment she has suffered by the Peruvian courts are the issues. I don't care if she's a country club Republican or an Uzi-toting terrorist's moll. She's a human being and an American, and she must come home.
In Serbia people power has swept out another tyrant. In the aftermath the Yugoslav federation's new president, Vojislav Kostunica, the constitutional scholar of strong nationalist leanings who led the surprisingly velvet revolution, faced the tough job of renewing a government that stank of rot from the top down. Opposition leader Zoran Djindjic summed up the fast-changing post-Slobo status quo: "We've done two-thirds of the job, but we used the power of the streets more than the power of the institutions and more the power of the people than of political organizations. Now it's up to us to turn what people chose with their energy into reality."
The task of institutionalizing the revolution presented the new federal president with daunting problems. His moves to oust the pro-Milosevic officials in the Serbian government--the still-loyal secret police, the military, corrupt factory managers, bureaucrats and legislators--and install honest civil servants were complicated by resistance from leaders of the old regime and some generals. But he still had the powerful force of unleashed democratic energy behind him. Given Kostunica's nationalistic sentiments, however, which permeate the Serbian Orthodox Church hierarchy and other institutions to which he claims some fealty, there is a danger of the recrudescence of chauvinistic patriotism, which Milosevic stirred up during his reign and to which elements of the populace remain vulnerable. We can hope at this point that Kostunica will work to keep these emotions within bounds.
Kostunica must also deal with restive Montenegro, which harbors secessionist dreams and, unhappy over the current Constitution, boycotted the elections. And he must confront the issue of the future of Kosovo, whose people suffered greatly at Serbian hands. Hundreds of Albanian political prisoners are in Serbian jails, and Kostunica has the power to pardon them. His attitude toward municipal elections in Kosovo, set for October 24, is crucial. These elections were seen as an important step in UN efforts to establish workable institutions in the province--and by many as part of an irreversible process of readying Kosovo for independence.
The West must give Kostunica and his new-fledged democracy strong support, both diplomatic and economic, including lifting sanctions. Billions of dollars are needed to rebuild the economy that the Milosevic regime ransacked and that sanctions crippled, and to repair the infrastructure damage inflicted by NATO bombs.
That does not, however, mean putting on indefinite hold the reckoning with Milosevic and his henchmen before the war crimes tribunal in The Hague. The meting out of justice to indicted war criminals must continue, but the West should give Kostunica running room while persuading him to cooperate with the tribunal.
The Contact Group, led by the United States, France, Britain and Germany, must begin thinking seriously about a broader international diplomatic process to resolve many of the outstanding questions and conflicts of the entire region and to give the Balkans a secure place in the European "house." The Serbs' yearning to be integrated into Europe was a strong motive behind their overthrow of Milosevic.
The crimes of Serbia's leaders, its army and its paramilitaries cannot be forgotten, but the NATO air war left a residue of bitterness among the people. Now, Yugoslav democracy needs to be nourished. The hope of better lives can sustain the Serbs in the arduous task of reconstruction they face in the years ahead.
Although most Israelis, even those who consider themselves members of the left, are blaming Yasir Arafat for escalating the current violence, some are trying to voice a different position. They have organized a number of small protests calling for Israel's withdrawal from the West Bank and Gaza Strip and against the shooting of demonstrators.
In addition, about fifty Israeli scholars and community leaders--Jews and Arabs--have published a petition in Israel's daily Haaretz stating that war must and can be avoided. The petition was initiated by sociologist Baruch Kimmerling. Signers include Ruchama Marton, the founder of the Israeli Physicians for Human Rights; Dalia Kirstein, director of the Center for the Rights of the Individual; and Gila Svirsky, former director of the Israeli and Palestinian feminist group Bat Shalom. Also signing were literary figures David Grossman, Yitschak Laor, Yigal Shwartz and Orly Lubin; economist Arieh Arnon; and three Palestinian citizens of Israel who teach at Ben-Gurion University, Ismael Abu-Saad, Thabet Abu Rass and Ahmad Saadi. The petition demands:
§ An immediate and unilateral Israeli commitment to evacuating the provocative settlements and zones that are to be included in the Palestinian state--including those in the Gaza Strip, Hebron and the Jordan Valley.
§ That Israel accept Palestinian sovereignty over all Arab neighborhoods and mosques inside Jerusalem, while Israel will maintain sovereignty over the Western Wall. The city, within this framework, will be completely open to all residents.
§ That Israel declare a strong commitment to insuring equal rights in every area to all Palestinian and other citizens of the state of Israel, and that it stop shooting at demonstrators.
§ A release and exchange of all prisoners on all sides.
We believe that only the acceptance of this package and the immediate cessation of all violence by all populations on all sides can serve as the basis for rebuilding trust among Jews, Palestinians and the Arab world.
Misreported and flawed from the start, the Oslo peace process has entered its terminal phase of violent confrontation, disproportionately massive Israeli repression, widespread Palestinian rebellion and great loss of life, mainly Palestinian. Ariel Sharon's September 28 visit to Haram al Sharif could not have occurred without Ehud Barak's concurrence; how else could Sharon have appeared there with at least a thousand soldiers guarding him? Barak's approval rating rose from 20 to 50 percent after the visit, and the stage seems set for a national unity government ready to be still more violent and repressive.
The portents of this disarray, however, were there from the 1993 start, as I duly noted in The Nation (September 20, 1993). Labor and Likud leaders alike made no secret of the fact that Oslo was designed to segregate the Palestinians in noncontiguous, economically unviable enclaves, surrounded by Israeli-controlled borders, with settlements and settlement roads punctuating and essentially violating the territories' integrity. Expropriations and house demolitions proceeded inexorably through the Rabin, Peres, Netanyahu and Barak administrations, along with the expansion and multiplication of settlements (200,000 Israeli Jews added to Jerusalem, 200,000 more in Gaza and the West Bank), military occupation continuing and every tiny step taken toward Palestinian sovereignty--including agreements to withdraw in minuscule, agreed-upon phases--stymied, delayed, canceled at Israel's will.
This method was politically and strategically absurd. Occupied East Jerusalem was placed out of bounds by a bellicose Israeli campaign to decree the intractably divided city off-limits to West Bank and Gaza Palestinians and to claim it as Israel's "eternal, undivided capital." The 4 million Palestinian refugees--now the largest and longest existing such population anywhere--were told that they could forget about return or compensation. With his own corrupt and repressive regime supported by both Israel's Mossad and the CIA, Yasir Arafat continued to rely on US mediation, even though the US negotiating team was dominated by former Israeli lobby officials and a President whose ideas about the Middle East showed no understanding of the Arab-Islamic world. Compliant but isolated and unpopular Arab chiefs (especially Egypt's Hosni Mubarak) were humiliatingly compelled to toe the American line, thereby further diminishing their eroded credibility at home. Israel's priorities were always put first. No attempt was made to address the injustice done when the Palestinians were dispossessed in 1948.
Back of the peace process were two unchanging Israeli/American presuppositions, both of them derived from a startling incomprehension of reality. The first was that after enough punishment and beating, Palestinians would give up, accept the compromises Arafat did in fact accept and call the whole Palestinian cause off, thereafter excusing Israel for everything it has done. Thus, the "peace process" gave no considered attention to immense Palestinian losses of land and goods, or to the links between past dislocation and present statelessness, while as a nuclear power with a formidable military, Israel continued to claim the status of victim and demand restitution for genocidal anti-Semitism in Europe. There has still been no official acknowledgment of Israel's (by now amply documented) responsibility for the tragedy of 1948. But one can't force people to forget, especially when the daily reality is seen by all Arabs as reproducing the original injustice.
Second, after seven years of steadily worsening economic and social conditions for Palestinians everywhere, Israeli and US policy-makers persisted in trumpeting their successes, excluding the United Nations and other interested parties, bending the partisan media to their wills, distorting the actuality into ephemeral victories for "peace." With the entire Arab world up in arms over Israeli helicopter gunships and tanks demolishing Palestinian civilian buildings, with almost 100 fatalities and almost 2,000 wounded, including many children, and with Palestinian Israelis rising up against their treatment as third-class citizens, the misaligned and skewed status quo is falling apart. Isolated in the UN and unloved everywhere in the Arab world as Israel's unconditional champion, the United States and its lame-duck President have little to contribute.
Neither does the Arab and Israeli leadership, even though they are likely to cobble up another interim agreement. Extraordinary has been the virtual silence of the Zionist peace camp in the United States, Europe and Israel. The slaughter of Palestinian youths goes on while they back Israeli brutality or express disappointment at Palestinian ingratitude. Worst of all are the US media, cowed by the fearsome Israeli lobby, with commentators and anchors spinning distorted reports about "crossfire" and "Palestinian violence" that eliminate the fact that Israel is in military occupation and that Palestinians are fighting it, not "laying siege to Israel," as Madeleine Albright put it. While the United States celebrates the Serbian people's victory over Milosevic, Clinton and his aides refuse to see the Palestinian insurgency as the same kind of struggle against injustice.
My guess is that some of the new Palestinian intifada is directed at Arafat, who has led his people astray with phony promises and maintains a battery of corrupt officials holding down commercial monopolies even as they negotiate incompetently and weakly on his behalf. Sixty percent of the public budget is disbursed by Arafat to bureaucracy and security, only 2 percent to the infrastructure. Three years ago his own accountants admitted to an annual $400 million in disappeared funds. His international patrons accept this in the name of the "peace process," certainly the most hated phrase in the Palestinian lexicon today.
An alternative peace plan and leadership is slowly emerging among leading Israeli, West Bank, Gaza and diaspora Palestinians, a thousand of whom have signed a set of declarations that have great popular support: no return to the Oslo framework; no compromise on the original UN Resolutions (242, 338 and 194) on the basis of which the Madrid Conference was convened in 1991; removal of all settlements and military roads; evacuation of all the territories annexed or occupied in 1967; boycott of Israeli goods and services. A new sense may actually be dawning that only a mass movement against Israeli apartheid (similar to South Africa's) will work. Certainly it is wrong for Barak and Albright to hold Arafat responsible for what he no longer fully controls. Rather than dismiss the new framework being proposed, Israel's supporters would be wise to remember that the question of Palestine concerns an entire people, not an aging and discredited leader. Besides, peace in Palestine/Israel can be made only between equals once the military occupation has ended. No Palestinian, not even Arafat, can really accept anything less.