October 2010
Vol 10, No 10
FAITH, SHARED WISDOM AND INTERNATIONAL LAW Due to its importance, we carry below in its entirety, the ‘action plan’ adopted by the participants of the `Faith Shared Wisdom and International Law Consultation`, held recently in Kuala Lumpur with the hope that you, the reader, will share and discuss its content with others in your community. - Editor A Consultation of some sixty religious scholars, legal experts and leading thinkers and policy makers was held on the theme Faith, Shared Wisdom and International Law in Kuala Lumpur during October 3rd–7th 2010. It was jointly convened by the International Movement for a Just World (Kuala Lumpur), the Weeramantry International Centre for Peace Education and Research (Colombo), the Centre for Dialogue, La Trobe University (Melbourne), and the Sri Ramanuja Mission Trust (Chennai). The Consultation agreed on a Global Action Plan which draws its inspiration from the moral wisdom shared by the world’s religious and ethical traditions, including indigenous spiritualities. The endeavour to find common ethical ground holds the key to constructing a more peaceful and ecologically sustainable world order – a task that must be approached with new thinking and great urgency. Central to this task, is the conceptual and practical integration of this shared
wisdom into international law. The Consultation, convened with the generous support of the Malaysian Government, believes that finding common ethical ground can help overcome mistrust and suspicion, weaken religious and political extremism, and pave the way for collaboration in a dangerously divided world. This Consultation particularly welcomes the statement by the Prime Minister of Malaysia who in a recent speech at the UN General Assembly on 27 September gave unwavering and continuing support
for the United Nations and the multilateral principles based on International Law which it embodies. The Prime Minister also made timely and effective comment about those “who intensified the divide between broad Muslim world and those in the West. The real issue is not between Muslims and non-Muslims but between the moderates and extremists of all religions be it Islam, Christianity and Judaism. Across all religions we have inadvertently allowed the ugly voices of the periphery to drown out the many voices of reason and common sense”. We applaud those remarks. They encapsulate much of the reason behind the holding of this Consultation. U NPRECEDENTED
CHALLENGES FACING
HUMANITY
This Consultation meets at a time of particular urgency unparalleled in the history of the human race. While the world has negotiated difficult and dangerous times in past years, there are today new causes for concern. The Turn to next page
STATEMENTS
ARTICLES
UN R EPORT R EAFFIRMS THE TRUTH A BOUT THE F LOTILLA ATTACK ............The UN report on the Israeli
By Kavaljit Singh ...................................... page 6
assault on Freedom Flotilla of 22 September 2010 prepared by three international experts has categorically declared that, “the May 31 incident, in which nine Turkish activists were killed was unlawful.”.................... P 6
ISRAEL’S DECLINING SPERM QUALITY TIED TO DEPLETED URANIUM EXPOSURE
CAPITAL CONTROLS GAIN CREDENCE G ET R ID SUNGLASSES!
OF
P INK
C OLOURED
By Nurman Nowak ................................... page 7
By Tim King .............................................. page 9
ASEAN:H UMAN R IGHTS CORPORATE RESPONSIBILITY
AND
By Chandra Muzaffar .............................. page 10
2 I N T E R N AT I O N A L
MOVEMENT
continued from page 1 proliferation of nuclear weapons has spread apace. Eight or nine countries have nuclear arsenals including one of the poorest countries in the world. 40 countries have the technology to build nuclear weapons and the knowledge for the construction of nuclear weapons is becoming more readily available as each year passes. There are a limited number of advanced countries who could have fully armed missiles available for launch within a matter of months. The nonproliferation treaty has not been applied equally. Friends of nuclear states have been allowed to develop weapons while others have been sanctioned by the international community even though they have acted within the permissible bounds of the non-proliferation treaty. Others have ignored that treaty and the restraints that it imposes.
Unless steps are taken to abolish nuclear weapons nuclear war is inevitable. A limited conflict in South Asia between India and Pakistan would no only kill countless millions of people, but would devastate the environment and have severe consequences for the impoverished masses in the entire region. There is also a dangerous situation on the Korean Peninsula and because of Israel’s nuclear weapons and the fears that Iran seeks to develop them. The danger of a nuclear conflict grows in part because the war in Afghanistan has serious consequences for Pakistan where there is instability and the possibility that extremists could gain control of her nuclear arsenals. Such a nuclear war would end the planet as we know it. Secondly, again for the first time in the human race we have the capacity to destroy the planet slowly. Scientific evidence for global warming is beyond legitimate dispute. Unless developed and developing countries take significant steps to change the paradigm by which they live, global warming over time will do the work that a nuclear war could do in a matter of days. With these challenges in mind, the Consultation broke into working groups to address the relevant issues.
FOR
A
JUST
WORLD
BUILDING A MORE PEACEFUL WORLD Against the background of the 140 wars since the end of World War 2 and the danger of nuclear war as set out at this Consultation, it becomes essential to consider the core principles which are overwhelmingly important to humanity if peace and security are to be achieved. The Consultation concerned itself with building a more peaceful world based on justice. The core principles and recommendations enunciated below seek to strengthen those elements of the United Nations whose purpose is to outlaw war and to put practical and humanitarian limits on the conduct of war. These re-emphasize and strengthen articles limiting the legality of war, the conduct of war and, strengthen provisions designed to prevent war. Core Principles 1. Every human being must be treated humanely. We should treat others as we would wish them to treat us. 2. This principle rests on the view that every person is possessed of an inherent and inalienable dignity. Therefore, every person should be treated equally, without discrimination on the basis of age, sex, race, skin colour, physical or mental ability, language, religion, political opinion, ethnicity or national origin. 3. Every person has the right to live in safety and to the free development of their personality, insofar as they do not injure the rights of others. 4. It follows that no person has the right to harm, kill, torture, or injure another. The Illegality of War 5. The use of force is outlawed unless explicitly sanctioned by the United Nations or unless a country is under attack and must defend itself. 6. No nation or people has the right to wage war with another. No government should wage war in order to gain economic wealth, to acquire natural resources or to win power and empire. 7. The commission by any nation or people of genocide, war crimes, crimes against humanity, ethnic cleansing, crimes of aggression or terrorist attack is absolutely prohibited. 8. Preventive war is unacceptable
LEAD ARTICLE and contrary to International Law and the United Nations Charter. 9. When acting in self-defence, a sovereign government must respond to an actual or imminent attack only in a manner that is necessary and proportionate. Reprisal is impermissible. War must always be the last resort. 10. In exceptional circumstances, it may be permissible for the community of nations to act together in defence of peoples subject to or at risk of genocide, war crimes, crimes against humanity or ethnic cleansing. No such action may be taken, unless explicitly sanctioned by the United Nations. 11. The aim of national governments and the United Nations should be the achievement of a just and lasting peace among peoples. Occupation by one nation of another is contrary to International Law. 12. Weapons of mass destruction including nuclear, chemical or biological weapons should be prohibited. Nuclear powers should all affirm their support for the abolition of nuclear weapons. They are no longer relevant to the defence of any country. Until abolition occurs all nuclear powers should declare that they will never use nuclear weapons against a non-nuclear armed state and that they will never be the first to use nuclear weapons and should desist in any further development of nuclear arms. 13. Peace and security for all nations will not be achieved unless all nations great and small are prepared to comply with International Law. Prevention of War 14. In all conflicts, contending parties must make every endeavour to resolve their dispute by negotiation, mediation, arbitration, judicial settlement or resort to representative international organizations. The United Nations should: 15. Take every possible step to prevent the conditions from which threats to international peace and security may arise. State failure, whether through political corruption, economic collapse or civil war, should be anticipated and avoided. 16. Ensure that states at risk of failure are provided with the economic, social, political and technical assistance they continued next page
3 I N T E R N AT I O N A L M O V E M E N T
continued from page 2 require to attain minimum standards of stability and prosperity. 17. Ensure that global economic inequality and hence poverty is reduced to such an extent that all peoples may have the opportunity to create and inhabit viable, autonomous and decent states and societies. 18. Ensure that environmental degradation causing resource scarcity, population movements, pollution and widespread economic distress is prevented.
The Role of Religion 19. Different religious faiths, their institutions and leaders have an important role to play in the prevention of conflict at the local, national and international level. They should be active at each of these levels in combining forces to avoid and resolve political, social and military conflict. THE FUTURE OF HUMANITY AND THE GLOBAL ENVIRONMENT The Consultation emphasized humanity’s relationship with and dependence upon the preservation of the planet. It reasserted the importance of effective national and international action to overcome pressing environmental problems including global warming. The primary reason for our environmental crisis arises from our own behavioral patterns. Sections of society have become obsessed with conspicuous consumption, which demands an increasing and never ending supply of goods and services that can only be produced at the cost of environmental degradation. What is needed is the individual and collective transformation of human consciousness. The religious and ethical traditions have a major part to play in stimulating this transformation. Our legal and political processes need to enshrine responsibilities centred on a different ethical standpoint. Key moral insights include the following: a. Economic and social arrangements should rest not on the notion of the selfcentred, self-interested individual but on the needs of the entire human family, closely interconnected with the whole of
FOR A JUST WORLD
LEAD ARTICLE
nature; b. Humanity is in a position of trusteeship of the environment and not in a position of ownership or dominance c. The entire environment is part of a structure and no part of it can be damaged without damage to the entirety d. Given the interconnectedness of all life, nature and all its elements have rights of their own e. Earth’s resources belong to all and must be equitably shared f. Human greed should be restrained and unjust enrichment must be avoided
of environmental degradation should proceed by giving due attention to equity, and in particular to the needs and entitlements of the poorer third of humanity d. Decision making at both national and international level should give a voice to all the peoples of the world and to future generations
j. A balance must be struck between the imperatives of development and the concept of sustainability.
e. The budgetary strategies of local and national governments as well as of international institutions must now have as an urgent priority substantial and ongoing support for: (i) conservation measures with the aim of redesigning our transport systems and the structure of our cities as well as our patterns of consumption; (ii) much greater efficiency in the use of all energy fuels, water and other scarce resources; (iii) the rapid development of renewable sources of energy (including solar, wind, geothermal and ocean energy). The international community should set the target of renewable energy sources supplying 40 per cent of total energy needs by 2030
In line with this shared ethical wisdom: a. The profit strategies of business and pragmatic politics must be constrained by the findings of scientists, the inspiration of poets and artists, and the wisdom of sages, thinkers and scholars
f. Local, national and international institutions must incorporate environmental knowledge and awareness at all levels of education from early childhood through to primary, secondary, and higher education as well as all forms of community education
b. The objectives of economic growth must be tempered by the need to arrest and reverse the presently dangerous levels of environmental degradation – GDP centred economic growth must give way to ecologically sustainable development
g. Legal and political discourse as well as our educational and media programs must make effective use of our diverse religious, spiritual and ethical systems, and importantly our indigenous traditions, to develop rituals, practices and celebrations that acknowledge the interdependence of all life
g. The present generation should show a deep concern for the welfare of future generations h. Pollution of earth, air, space and water constitutes damage to future generations and must be avoided i. Animal life is entitled to special protection and the extinction of species should be prevented
c. The urgent need to arrest and reverse the presently dangerous levels
continued next page
4 I N T E R N AT I O N A L
MOVEMENT
FOR
A
JUST
WORLD
continued from page 3
world ethic. Such a Forum could then submit its recommendations to the UN Secretary-General as well as to national governments and civil society organisations;
h. All major development projects must be regulated, nationally and internationally, so that full account is taken of their impact on both neighbouring and distant communities as well as on future generations. The Consultation recognizes that while important steps must be taken by all countries, different steps, different standards will need to be applied between developed and developing countries. The Consultation’s recommendations depend upon two basic principles. The first quite simply is the necessary principle to protect, to preserve and enhance the environment and planet itself. The second principle concerns the question of equity, a question ignored in Copenhagen. This Consultation recognizes that while important steps must be taken by all countries, different steps, different standards will need to be applied in developing countries. It is not only the total pollution produced by a country that must be taken into account in achieving a just outcome, but also the pollution per capita which is highly relevant to the way the human race tackles this particular problem. INTEGRATING A COMMON WORLD ETHIC INTO THE W ORK OF I NTERNATIONAL INSTITUTIONS The Consultation believes that the values and principles that form part of a common world ethic should be more effectively integrated into the work of the UN system and major international legal institutions. Integrating values and principles will require significant reforms to leading organs and agencies of the United Nations. To this end religious and other ethically based institutions should work with legal and political authorities with the following aims in mind: a. To develop a higher level of public understanding and awareness of commonalities in values between the major religious and ethical traditions, while fully respecting religious, ethnic and cultural diversity b. Where differences exist, to serve as mediating agents and so maximize the
LEAD ARTICLE
prospects of agreement on constructive ways of handling the most pressing challenges currently confronting humanity c. To scrutinize the present institutions and instruments of international law with a view to identifying shortcomings in the incorporation of shared values into both customary and treaty law d. To work with national governments with a view to monitoring actual violations (as well as anticipating potential violations) of international agreements, or failure to ratify and fully implement such agreements. More effective mechanisms of engagement are needed between legal and political authorities on the one hand and religious and civil society organizations on the other. This can be done in diverse and complementary ways: a) by making more extensive use of the educative role UN agencies and programs (including UNESCO, the United Nations University and the Alliance for Civilizations), inviting them to highlight the relevance of a shared ethic and wisdom to the international legal order, and to bring this to the attention of national education ministries and other educational institutions; b) by requesting UNDP to consider funding such an educational project c) by helping to establish a World Forum of eminent persons, comprising religious scholars, legal experts and former political leaders which would consider ways in which international law bodies could more systematically incorporate the agreed values and principles that form part of a common
d) by asking the International Law Commission to undertake a scoping study which would consider the extent to which existing international law bodies and international instruments have incorporated key values and principles that form part of a shared ethic, and to recommend to the UN General Assembly ways in which this could be more effectively achieved; e) by requesting national governments to identify ministries which would liaise through the UN with a view to exploring ways in which common ethical principles and shared wisdom could be more carefully integrated into international and domestic legal provisions. These are just a few possible initiatives which should be read in conjunction with the many other imaginative proposals put forward by the Consultation. The Implementation Committee will need to give serious consideration to these proposals as it begins to flesh out a program of effective consultation, coordination and action. GLOBAL ACTION PLAN The Consultation seeks to define a common ethic and to suggest how this can be more effectively integrated into the work of the United Nations, including its various agencies, other international global and regional institutions, and relevant legal institutions, such as courts and tribunals. In this regard the Consultation notes the work of many groups who have addressed the idea of a commonly accepted global ethic. In particular, the Consultation supports the draft Universal Declaration of Human Responsibilities proposed by the InterAction Council including its preamble. The draft comprises 19 Principles which speak of integrity, honesty and fairness, and the dignity of every person. It enshrines the golden rule “what you do not wish to be done to yourself, do not do to others�. continued next page
5 I N T E R N AT I O N A L
MOVEMENT
continued from page 4 While it is a draft it remains the most concise exposition of core values common to all religions. It has been endorsed by many different political and religious leaders including those from Germany, Netherlands, Thailand, Costa Rica, United Kingdom, United States, Mexico, France, Spain, Singapore, Japan, Canada, Australia, Nigeria, Brazil, apart from many members of the InterAction Council.
The Consultation recommends that the Secretary General acts to advance acceptance of a statement of shared ethical values and that the document be introduced into the General Assembly for debate and adoption. That would lead to a Universal Declaration of Human Responsibilities that would stand beside the Universal Declaration of Human Rights. While this document would be a statement of high principle, we would strongly recommend the United Nations and its organs should follow the path adopted after the Universal Declaration of Human Rights was accepted in 1948 and draft Conventions relevant to its various aspects would be open for ratification and which would then have the force of law. There is an opportunity for religious leaders to take a leading role. Too often nations or political leaders have used alleged or perceived differences between religions to create fear and even to justify conflict. This underscores the importance of ethical political leadership which would set the moral tone and tenor of society. Major divisions have arisen between religious groups. The commonly accepted ethical standard, once adopted by the United Nations, would make it extraordinarily difficult for politicians and for governments to use religion for base political purposes. The Consultation has noted with great appreciation the remarks of the Grand Mufti of Syria who has recaptured with clarity and in the strongest way, the basic values common to all religions. The Consultation strongly endorses his call for understanding and acceptance of diversity without discrimination.
FOR
A
JUST
WORLD
LEAD ARTICLE
The Consultation therefore, requests the Secretary General to:
Responsibilities as a High Principle at the international level.
1. Use and advance the recommendations of this Consultation to strengthen the United Nations and the Security Council’s search for the preservation of peace and for the outlawing of war.
The Implementation Committee will determine a time-frame for the GAP which will be implemented in phases. It will spell out institutional mechanisms and will include provisions for personnel and for a budget.
2. Use the full force of his office to achieve acceptance of the shared core values and responsibilities supported by the world’s religions as enunciated with clarity in the draft Universal Declaration of Human Responsibilities prepared over 20 years by the InterAction Council. The Consultation urges the draft Universal Declaration of Human Responsibilities be introduced into the General Assembly for acceptance and adoption.
Among the institutions and groups that the GAP will focus upon are the following:-
3. Having in mind the urgency created by the possibility of nuclear war and of global warming, initiate substantial steps consistent with recommendations of this Consultation to protect the environment and the planet for the benefit of all people. 4. Use the authority of his office to encourage all countries to heed this call; to recognize the urgency of the situation caused by uncontrolled nuclear proliferation and its linkages with the environment; and advance urgent and effective action. NEXT STEPS The participants in this Consultation take ownership of the document with the sense of responsibility to implement in letter and spirit the Global Action Plan. The Global Action Plan will be executed by a Secretariat under the oversight of the Implementation Committee. It will include programs of research, publication, education, consultation and advocacy relating to gaining acceptance of the incorporation of universal spiritual and moral principles into the corpus of international law; strengthening the role of values and norms derived from our philosophical traditions in the policies of the United Nations and other organizations; and campaigning for the endorsement of the Universal Declaration of Human
1) The United Nations General Assembly, the Security Council, UNESCO, UNDP. 2) Regional organizations, including ASEAN, the African Union and the European Union. 3) Governments sympathetic to the aims and objectives of the GAP. 4) Religious and cultural institutions and personalities at national, regional and international levels. 5) Educational institutions in various countries. 6) Youth movements operating at all three levels: national, regional and international. 7) Indigenous movements and other marginalized communities 8) Women’s organizations 9) Civil society groups committed to peace, justice and environmental protection. 10) Professional associations of lawyers, doctors, and academics. 11) Businesses and corporations at national and international levels. To implement the GAP, the Implementation Committee will, as a matter of priority, identify a university that has intellectual affinity with the GAP and which is prepared to cooperate with the Implementation Committee. The Implementation Committee will seek the support of the country in which the university is located, and other governments, to reinforce this effort. The funds required will be mobilized from both public and private sector institutions. One of the first tasks of the Implementation Committee will be to establish a comprehensive directory of institutions, organizations and individuals that we can work with in furtherance of our goals. 7 October 2010
6 I N T E R N AT I O N A L
MOVEMENT
FOR
A
JUST
S T A T E M E N T
WORLD
STATEMENT UN REPORT REAFFIRMS The UN report on the Israeli assault on Freedom Flotilla of 22 September 2010 prepared by three international experts has categorically declared that, “the May 31 incident, in which nine Turkish activists were killed was unlawful.” The Report was prepared by Judge Karl T. Hudson-Phillips, Q.C., retired Judge of the International Criminal Court and former Attorney General of Trinidad and Tobago, Sir Desmond de Silva, Q.C. of the United Kingdom, former Chief Prosecutor of the United Nations-backed Special Court for Sierra Leone and Ms. Mary Shanthi Dairiam of Malaysia, founding member of the Board of Directors of the International Women’s Rights Action Watch Asia Pacific and former member of the Committee on the Elimination of Discrimination against Women. Formation of a panel consisting of these three international experts, assigned by the U.N. Human Rights Council to investigate the assault, was important because the Committee reflected wide diversity of opinion. The panel has found evidence of Israel using “an unacceptable level of brutality” and of committing “grave violations of human rights law and international humanitarian law”. Israel refused to cooperate with the
THE
TRUTH ABOUT
UN panel. It launched its own probe into the assault it said was carried out to enforce a naval blockade on Gaza, and that its troops opened fire in selfdefence against activists wielding knives and clubs. Now the Israeli Prime Minister Benjamin Netanyahu has said that the, “United Nations Report on the Gaza flotilla raid is biased and distorted” and the group responsible for the Report was “obsessed with targeting Israel.” In a statement posted on its web site, the Israeli Foreign Ministry reaffirmed Israel’s shunning of the U.N. Human Rights Council which it denounced as “biased, politicised and extremist,” citing a Council report of last year that condemned an earlier Gaza war. Under the Oslo Accords, it was agreed that the territorial waters off Gaza would be included in the territorial jurisdiction of the Palestinian Authority. But Israel has been demonstrating its military muscle not only by curtailing the Palestinian Authority’s jurisdiction, but also by undermining the international community. It has isolated the people of Gaza, has punished them with phosphorous bombs, denied them most essential life-giving supplies, and when international humanitarian organizations responded to the desperate calls from the people of Gaza, Israel has once
THE
FLOTILLA ATTACK
again demonstrated its ugly face. How long will Israel continue to fool the international community with false cries of protecting its security? How long will the world powers endure this uncivilized behavior? Israel through its clout over the international media is trying to suggest that Turkey is responsible for the flotilla incident. This is perhaps because all except one American of Turkish descent that died in the incident were Turkish nationals. But one must not forget that the hundreds of activists that boarded the flotilla belonged to many nationalities including Irish Nobel Laureate Mairead Maguire. Israel seems to have deliberately targeted a Turkish ship with a certain agenda of its own. The international community must now demonstrate that it is not Turkey alone but the whole of humanity that is behind the people of Gaza. The people of the world will not tolerate the injustice committed against the people of Gaza. They will not accept unruly Israeli behaviour any more. Dr. Abdullah Al-Ahsan, Vice-President, International Movement for a Just World (JUST). 28 September, 2010.
ARTICLES CAPITAL CONTROLS GAIN CREDENCE By Kavaljit Singh Capital controls are back in fashion. In June 2010, South Korea and Indonesia announced several policy measures to regulate potentially destabilising capital flows, which could pose a threat to their economies and financial systems.
its central bank deployed measures to control short-term capital inflows. In October 2009, Brazil announced a 2 per cent tax on foreign purchases of fixed income securities and stocks. Taiwan also restricted overseas investors from buying time deposits.
South Korea announced a series of currency controls in June to protect its economy from external shocks. Indonesia quickly followed suit when
The policy measures introduced by South Korea’s central bank have three major components: restrictions on currency derivatives trades; enhanced
restrictions on the use of bank loans in foreign currency; and, further tightening of the existing regulations on foreign currency liquidity ratio of domestic banks. The new restrictions on currency derivatives trades include nondeliverable currency forwards, crosscurrency swaps and forwards. New ceilings have been imposed on domestic continued next page
7 I N T E R N AT I O N A L
MOVEMENT
continued from page 6 banks and branches of foreign banks dealing with forex forwards and derivatives.
Objective of Control The overarching aim of currency controls in South Korea is to limit the risks arising out of sharp reversals in capital flows. Despite its strong economic fundamentals, South Korea witnessed sudden and large capital outflows due to de-leveraging during the global financial crisis. It has been reported that almost $65 billion left the country in the five months after the collapse of Lehman Brothers in September 2008. Another objective of these policy measures is to curb the country’s rapidly growing short-term foreign debt. At $154 billion, its short-term external debt accounts for as much as 57 per cent of its foreign exchange reserves. A sudden shift in global market sentiment can trigger large reversals in short-term capital flows, thereby precipitating a financial crisis of one sort or another. Bank Indonesia, the country’s central bank, announced a one-month minimum holding period on Sertifikat Bank Indonesia (SBIs). During the onemonth period, ownership of SBIs cannot be transferred. Issued by the central bank, the onemonth SBIs are the favourite debt instruments among foreign and local investors because of their high yield (an interest rate of 6.5 per cent in early June 2010) and greater liquidity than other debt instruments. The central bank will also increase the maturity range of its debt instruments
FOR
A
JUST
WORLD
A R T I C L E S
to encourage investors to park their money for longer periods. These new curbs are in response to growing concerns over short-term capital inflows. Indonesia’s relatively better economic performance has attracted large capital inflows in the form of portfolio investments, since early 2009.
mainstream theory suggests that controls are distortionary, rent-seeking and ineffective, several successful economies have used them in the past. China and India, two major Asian economies and “success stories” of economic globalisation, still use capital controls today.
Consequently, Indonesia’s stock market index was up 85 per cent in 2009, the best performer in the entire Southeast Asian region. The rupiah rose 17 per cent against the dollar last year.
Post-crisis, there is a renewed interest in capital controls. It is increasingly being accepted in international policy circles that due to the limited effectiveness of other measures, such as higher international reserves, capital controls could protect and insulate the domestic economy from volatile capital flows.
Asset Price Bubble However, the Indonesian authorities remain concerned that its economy might be destabilised if foreign investors decide to pull their money out quickly. Analysts believe that these new measures may deter hot money inflows into the country and monetary policy may become more effective. Despite recovering faster than developed countries, many emerging markets are finding it difficult to cope with large capital inflows. Apart from currency appreciation pressures, the fears of inflation and asset bubbles are very strong in many emerging markets. The signs of asset price bubbles are more pronounced in Asia as the region’s economic growth will continue to outperform the rest of the world. As a result, the authorities are adopting a cautious approach towards hot money flows and considering a variety of policy measures (from taxing specific sectors to capital controls) to regulate such flows. Use Of Capital Controls Contrary to popular perception, capital controls have been extensively used by both the developed and developing countries in the past. Although
Even the IMF these days endorses the use of capital controls, albeit temporarily, and subject to exceptional circumstances. In the present uncertain times, imposition of capital controls becomes imperative since the regulatory mechanisms to deal with capital flows are national whereas the financial markets operate on a global scale. Yet, it would be incorrect to view capital controls as a panacea to all the ills plaguing the present-day global financial system. The imposition of controls by South Korea and Indonesia assume greater significance because both countries are members of G-20. It remains to be seen how the G-20 responds to the use of capital controls. Will it take a collective stand on the issue? 18 September, 2010 Kavaljit Singh is Director, Public Interest Research Centre, New Delhi (www.madhyam.org.in). Source: Countercurrents.org. Originally published in thehindubusinessline.com
GET RID OF PINK COLOURED SUNGLASSES! By Nurman Nowak Understanding Malaysian politics can be a struggle for European observers. How is it possible, that a country on the edge of becoming a first world nation, still deals with racial issues? The racial issue states an anachronism for many Europeans, a paradox of
progress. Why is it so difficult for the west to understand the nation building process of Malaysia and its political setting? There is a German quote, saying that ignorant people see the world through ‘pink coloured sunglasses’, meaning they just see what they want
to see and have no sense of empathy. This is what actually happens if one is referring to Malaysia and its political setting. Calling it racist, without taking any effort to highlight the historical and cultural backgrounds and the feelings of people involved. continued next page
8 I N T E R N AT I O N A L
MOVEMENT
continued from page 7
Let us replace the sunglasses with spectacles and start with some simple analyzing of basic terms. Let’s take for instance a term often used in Malaysian politics, the word ‘race’. Malaysians and Europeans associate the word with something different. European chauvinism and racism To understand the European problem with the term ‘race’ it is necessary to know the background of its usage and its transition of meaning in the past. The actual word ‘race’ derives from the Spanish term ‘rraça’ which simply meant ‘from good or bad origin’ in the 15th century and referred to horses or aristocratic families. In the following decades this word was adopted by other languages and it was soon to be used to classify human collectives. At first the term was used to refer to a ‘Christian race’ in contrast to the Jews, Pagans and later Muslims. After the recapture of the Iberian peninsula by the Spaniards in 1492 the Andalusian Jews and Muslims were forced to adopt the Christian faith. In fact, most converts still practiced their previous faith secretly and were accused of doing so. Thus, beside the purity of faith, the purity of blood became an issue and soon the word ‘race’ referred to origin, which, in the case of Andalusia, was either Christian, Jewish or Muslim. The emergence of colonialism in the 15th and 16th century and the values of the Age of Enlightenment led to the development of the so-called ‘race theory’. The thinkers of the Enlightenment were convinced that there is a structured order in nature which led to the concept of ‘scala naturae’, an imagination of a natural hierarchy in which homo sapient is the most superior species and monkeys being the most superior animals. The black African was considered as the link between fauna and the species homo sapient. In this context many scholars of the Age of Enlightenment categorized the human species on behalf of their skin colour, type of hair or character into races and concluded that one race is superior or inferior to another, thus making race a biological category.
FOR
A
JUST
WORLD
In the 19th century Darwin’s theory of evolution accelerated this thinking in biological categories, leading to the concept of race-struggle. The heyday of race-struggle hysteria peaked in National Socialist Germany between 1933-1945, causing an ideology of aggressive racism and an attempt to conquer Eastern Europe, to wipe out its Jewish population and to enslave the original Slavic population. The aim was the founding of the so called ‘thousand year old reich’ with German-Aryan supremacy in Europe. In the Reich itself laws to protect ‘German blood and German honour’ were implemented and inter-marriages and sexual encounters between different races were prohibited and persecuted brutally. Paradigm shift after World War 2 The experience of the holocaust and the encounters with the cruelty of colonial regimes caused a major paradigm shift in Europe and in a dogma of unquestionable premises. The 60s student revolts in France, Germany, Japan and other western countries as well as the civil rights movement led by Martin Luther King in the USA are a result of a new set of values which is emphasizing the individual and a humanistic worldview, finally causing a sensibility on issues concerning social problems, including racism and on how to deal with social outcasts like homosexuals, disabled people etc. Scientific attempts were made to disprove the race theory. Geneticists found out that gene-codes among individuals of a group who share a similar appearance have broader varieties compared to individuals with a different appearance. Thus, the term ‘race’ as a biological categorization of humans is scientifically wrong. Therefore the term ‘ethnic group’ is more accurate when referring to a group of people with a similar appearance and similar cultural background. Since the 1960s societies in Europe are in transition and have lost their homogeneous setting due to an influx of immigrants from other parts of the world. In many European countries campaigns are launched to tackle stereotype thinking and to reduce prejudices to maintain social peace and
A R T I C L E S promote integration. Somehow it’s leading to a form of exaggerated political correctness. For example the term ‘negro’ is absolutely unacceptable in contemporary German media. Instead the term ‘maximum pigmented’ is used in official forms and ‘German with African root’ is the term used in the media. Even the word foreigner is considered as judging when referring to non-Germans. The official language refers to these individuals as ‘person with migration background’. This phenomenon is not unique to Germany; it is a phenomenon in entire Europe. This is where Europeans got their ‘pink coloured sunglasses’ from. It has to be seen in the context of the emergence of a humanistic, individualistic worldview which became an ideological dogma. ‘Race’ in Malaysia Let’s come back to Malaysia. Prior to the British colonial regime, racism or thinking in racial categories as a biological term was alien to Southeast Asia. In the Malay language a word for ‘race’ as a biological category is missing. The term ‘bangsa’ is used to refer to ethnic groups, nations or people, but is not equivalent to ‘race’. It was the Europeans, especially the British, who imported the idea of human ‘races’. Just skim over Frank Swettenham’s script ‘the Real Malay’ and notice his judgment on the culture of the original Malay during the heyday of British colonialism and link it to their ‘divide and rule’ policy. The ideological foundation in the shaping of race-based economic functions and roles like Malay farmers (the noble savage), Chinese tin miners or businessmen and Indian estate workers has to be seen in the context of the European concept of inferior and superior races. Even though a consciousness of otherness and a identification with economic roles among the societies on the Malay Peninsula emerged, there was never an understanding of being inferior or superior compared to another ethnic group, either Malay, Chinese or Indian. Malay nationalism developed not in a chauvinist manner. continued next page
9 I N T E R N AT I O N A L
MOVEMENT
continued from page 8
It emerged because there was a feeling that Malay culture is facing extinction after the proposal of the Malayan Union. In fact, the proposal of the Malayan Union was the first encounter of Malays with Europeans wearing the ‘pink coloured sunglasses’. Conclusion The Western difficulty in dealing with the Malaysian ‘race-issue’ is caused by a major misunderstanding which goes beyond the semantics of the actual term. There is some kind of Western chauvinism in the context of norms andvalues. The Western encounter with its historical failures implemented a chauvinist dogma which
FOR
A
JUST
WORLD
is shaping the worldview of many Western observers. The Malaysian race issue is questioningthe dogmatic premise of the (formal and legal) equality of races (or, as we know now, ethnic groups). This premise is seen as universal and therefore unquestionable. In Malaysia the legal equality of races is relativised by the premise of economic power. Chinese (from a Malay perspective immigrant)economic supremacy which emerged from the colonial divide and rule policy placed them in a powerful position and threatened the political power of the local Malay rulers (‘ketuanan melayu’). This fact is ignored by western observers due to their dogmatic premise of equality, or
A R T I C L E S in other words, their ‘pink sunglasses’. In favour of a broader understanding, not just in the Malaysian race-issue, a plea of empathy should be sent to Western critics and observers who always emphasise the premises of their ideological dogma which emerged in a different culture and history. One should leave his ‘pink coloured sunglasses’ at home and honestly try to understand other cultures. 8 October, 2010
Nurman Nowak was an intern with JUST from August until September 2010. Currently, he is pursuing his degree in Asia Studies at the University of Bonn, Germany.
ISRAEL’S DECLINING SPERM QUALITY TIED TO DEPLETED URANIUM EXPOSURE By Tim King Israel’s population is facing a dire threat: a drastic depopulation, from the use of weapons that leave behind Depleted Uranium (DU). Depleted Uranium leads to the word Omnicidal, as DU kills everything in the food chain, everywhere the wind blows. Experts say the dramatic drop in Israel’s sperm count could eliminate their ability to reproduce. Research by an Israeli doctor shows a significant drop in sperm count level and sperm motility among young Israeli soldiers in recent years. Sperm motility is the ability of sperm to move properly toward an egg. It is attributed to the inhalation of DU aerosolized nano-particles; the dirty results of extra powerful weapons used by Israel and the U.S. All of that military might as it turns out, could set the stage for a massive Israeli act of population suicide. A study by Dr. Ronit HaimovKokhman released in November, showed a 40-percent decline in the concentration of sperm cells in Israeli sperm donors from 2004 to 2008, compared to samples taken between 1995 and 1999. Sperm banks in Israel are now reportedly turning away as many as two-thirds of potential donors, due to
the low-quality sperm. In the past, around one-third of the potential donors were turned away. According to Ofri Ilani’s article in Haaretz, Study: Quality of Israeli sperm down 40% in past decade: “The research confirmed that in 10 years, the average concentration of sperm among donors declined from 106 million cells per cubic centimeter to 67 million per cubic centimeter. The rate of sperm motility has also declined: from 79 to 67 percent, although the profile of donors did not change over that period; they are still young, healthy and do not smoke.” Haimov-Kokhman says the problem is not entirely unique; the quality of sperm has also declined in a number of Western countries. But in Israel he says, it has been particularly rapid. “If we keep going at this rate, a decline of 3 million cubic centimeters of sperm cells per year, we’ll reach an average of 20 million in 2030. The World Heath Organization defines this as fertility impairment.” Questionitnow.com said this about the reported thousands of tons of nuclear waste in the form of armor piercing rounds, referred to as “depleted uranium” or “DU”, in the invasion of Iraq:
“The United States and Britain have gravely endangered not only the Iraqis and their own troops, but the entire world. In the first invasion, at least 320 tons of DU were exploded into Iraq, at least 1500 tons were blasted in the second illegal invasion.” They cite Professor Malcolm Hopper of the University of Sunderland in the U.K., whose extensive studies of health effects on British and U.S. soldiers who served in the Gulf War, shows as many as 21,000 U.S. Gulf War veterans have died, “due not just to DU exposure but to the astounding amounts of organophosphate (OP) poisoning from various toxins (or supposedly anti-toxins) given to the troops as ‘preventive’ medicine.” This human and environmental disaster was reviewed by Bob Nichols, a correspondent with SFBayView who specializes in nuclear issues with an emphasis on the atmospheric contamination from Depleted Uranium. In the article PTSD, Infertility and Other Consequences of War, he discusses how Israel is likely to be depopulated soon. “Israel falls within the region that has been dosed with depleted uranium [DU] [various kinds of munitions] in the West Asian theatre of continued next page
10 I N T E R N AT I O N A L
MOVEMENT
continued from page 9
war. DU kills people at genetic level.” A report by Dr. Ronit HaimovKokhman, which was debated in the Knesset, is cited in the report by Ofri Ilani. Arun Shrivastava, a writer with the Centre for Research on Globalization, says this has been known for some time. “Admiral Bhagwat and I made our presentations at GNDU, Amritsar, in April 2008, social workers among the audience came up and narrated some events that actually provide hard enough evidence of DU contamination the entire North-western India. There was a significant presence of top officers from the Indian Army.” He says they are keenly aware of this silent weapon. “The security forces know what the American and NATO soldiers have done to South and West Asians.” According to Shrivastava, contamination of the total Indian population stands at over 300 million; the total West and South Asian population affected stands at least 900 million, possibly more than a billion. “None of these would complete their normal life. None of us will. This entire region will be depopulated which iswhat the PTBs have in mind and they have set in motion processes that can’t be stopped. No way,” Shrivastava said. There is little question that this information has tremendous significance for the people of Palestine and Gaza, although these unfortunate people might end up the same way as the Israelis. Reports from other West Asian
FOR
A
JUST
WORLD
countries are identical, Shrivastava says, “Both US and NATO forces have committed genocide right in Asia. Our civilizations may never be the same, may not be viable.” It is important to note how overlooked this significant world problem truly is, and how indicting it turns out to be. Shrivastava says it is also important to remember that the DU is a result of military activity that is illegal under international law. “Please note that the use of WMD is war crime. There are cases pending under ICCA against three US Presidents and two British PMs and their entire cabinet. DU weapons are WMDs; they are weapons of indiscriminate destruction and environmental contamination....IN PERPETUITY.” As Nichols states in his article, uranium oxide gas weapons are called “genocidal weapons.” “They maim and kill millions of people, their animals and their land. The actual targets by the U.S. Expeditionary Forces are the populations of Central Asia and the Middle East, about a billion people.” He reminds us that more than a million American servicemembers, thousands of contractors, and others, like journalists have had their boots on the ground in Iraq and Afghanistan over the past several years, not to mention the thousands of people from other nations. “The medical disability rate is over 60 percent and ‘PTSD’ is a common diagnosis. Soldiers from the U. K., Germany and Italy report similar medical problems as well.”
ASEAN: HUMAN RIGHTS
AND
A R T I C L E S According to figures cited in his article, a milligram (mg) of uranium oxide poison gas is roughly equal in size to one of the periods at the end of these sentences. When this is absorbed by Marines and soldiers, through their skin, no limit exists in regard to their exposure. It could range from to one milligram to a thousand. Rosalie Bertell, Ph.D., GNSH said, “Each tiny milligram shoots about 1,251,000 powerful radioactive bullets a day with a range of about 20 cells of the human body for thousands or even billions of years.” Dr. Bertell currently serves on a number of Pentagon radiation committees; she has been in this role for decades. The worst part is that all of it has taken place under protest by activists, scientists, and defense experts. There has been no doubt in the minds of those who know, but their words have gone unheeded. Orders to use these internationally illegal weapons are made by presidential order in U.S. war zones. Serious information at a serious time in history. It would truly be ironic if Israel’s military machine, so ruthlessly applied over the years on the Arab people, would render the population without the ability to reproduce. 14 April,2010 Tim King is a former U.S. Marine with twenty years of experience on the west coast as a television news producer, photojournalist, reporter and assignment editor. th both the U.S. Army and the Marines. Source: Countercurrents.org
CORPORATE RESPONSIBILITY
By Chandra Muzaffar What is the relationship between corporations and human rights? On 3rd December 1984, a chemical plant owned by Union Carbide Corporation from the United States located in Bhopal, India, leaked, emitting a gas called methyl isocyanate (MIC) which, according to some estimates, killed 8,000 people within a few weeks. Another 8,000 have died since from gas-related diseases. Bhopal, the greatest industrial catastrophe in history, is a grim reminder of the
disastrous impact of corporate neglect of safety standards upon the most fundamental of all human rights — the right to life. Though safety and maintenance standards have improved since Bhopal, corporate violation of human rights continues to happen in various parts of the world. Factories owned by multinational textile and footwear companies in Indonesia pay such pitiable wages to their workers that they are barely able to survive. In the
Philippines, 22.9% of the 33 million employed Filipino workers in 2006 received very low wages and worked for long hours in unsafe working conditions. Vietnam is another country where very low wages, long working hours, and dangerous working environments, have earned the ire of human rights groups. Even in a middleincome nation like Malaysia, categories of workers remain un-unionized, and continued next page
11 I N T E R N AT I O N A L
MOVEMENT
continued from page 10 are thus denied a basic human right. Why are the human rights of workers not respected to the fullest in all these ASEAN states? The corporations that operate in these states, whether domestic or international, it is obvious, are more concerned about maximizing their profits than about protecting the rights of their workers. But that is not the only explanation. Domestic companies in many instances do not have the revenue to enable them to protect the socio-economic well-being of their employees. Besides, laws that protect the health and safety of workers, or ensure their political and civil liberties are woefully inadequate in a number of ASEAN societies. Even when they exist, they are not effectively enforced. On top of it, in order to lure foreign Multi-National Corporations (MNCs) to invest in their countries, ASEAN governments have been rather soft on these MNCs when it comes to worker wages, conditions of work, health and safety standards, skill and technology transfers, re-investment in worker training and education programs, and of course, the repatriation of profits. Given the global economic decline, rising unemployment levels in the Western economies in particular, the depletion of non-renewable resources such as oil, and the contraction in global investments and global trade, it is not inconceivable that ASEAN governments, in their haste to attract both international and domestic capital, may further curb and curtail the human rights of the ASEAN worker. Human rights advocates should be cognizant of this possibility. In a situation like this, what are the solutions that human rights advocates can put forward? For convenience sake, these solutions will have to be categorized into ‘national’ and ‘regional’ and ‘international’.
National. 1) Improve the standard of living of the majority by strengthening the agrarian base of society; expanding and reinforcing small and medium-sized enterprises; investing heavily in research and development; encouraging innovation and creativity; discovering new sources of wealth; and
FOR
A
JUST
WORLD
eliminating corruption, leakages, wastage, and extravagance. 2) As society as a whole becomes more prosperous, introduce legislation that would require corporations to increase wages of workers significantly; enhance their working conditions, including their health and safety; provide more opportunities for education and skill acquisition; and focus upon saving schemes and retirement benefits for workers. 3) Encourage NGOs, media, think tanks and universities to monitor corporations to ensure that they comply with laws and policies that demand that they protect and enhance the human rights of their workers. Regional. 1) National efforts aimed at reducing poverty should be buttressed by regional initiatives that seek to raise the standard of living of the majority by directing intra-regional investments in education, training, health-care, and infrastructure to the vulnerable and the marginalized in ASEAN. 2) Establish an ASEAN monitoring mechanism that will examine the policies and practices of a corporation from a certain ASEAN state that is operating in another ASEAN state to ensure that it protects the rights and dignity of the workers under its care. This monitoring mechanism will also look at the activities of a corporation that has ASEAN wide investments. 3) Regional NGOs and other bodies committed to workers’ rights will cooperate with the ASEAN monitoring mechanism. International. 1) National and regional efforts at reducing poverty and bridging the gap between those who have a lot and those who have a little, should be augmented by a global endeavor to eradicate both absolute and relative poverty. Towards this end, the global financial system should be reformed to curb speculation and capital volatility; global trade should be made fairer from the standpoint of the Global South; and the rules pertaining to intellectual property rights should be made more equitable, to enable the
A R T I C L E S Global South to benefit from, and contribute towards, scientific development 2) A Center should be established — or rather re-established — in the United Nations under the aegis of the UN General Assembly, to monitor all MNCs with the aim of ensuring that they protect and uphold the economic, social, cultural, civil and political rights of all those who work for them in whatever capacity. At the very least, these rights should include health and occupational safety, and prohibition of the employment of children under a certain age. The Center will replace the Special Representative of the UN Secretary-General on Business and Human Rights appointed in 2005. The Center’s long-term goal should be to create an environment whereby MNCs would automatically adhere to the highest standards of corporate social responsibility. 3) The Center on MNCs will cooperate with the proposed ASEAN monitoring mechanism and with NGOs at national, regional and international levels concerned about the dignity of the worker. The institutional arrangements that we have put forward here will not achieve their laudable goals unless there is a significant change in the mindset of those who own, control and manage corporations and businesses. As long as “maximizing profits” is their credo, one cannot expect the well-being of the worker, his rights and his dignity, to be accorded importance. And yet it was not always like this. There was a time when the businessman, the trader, made his profits, and yet cared about those who worked for him as if they were his own family, cherished his relationship with his fellowmen, helped the community in whatever way he could, and most of all, remained ever conscious of his role as a trustee on earth, answerable to the Almighty. 22 September, 2010 Dr Chandra Muzaffar is President of the International Movement for a Just World (JUST). Source: The above is a synopsis of a presentation made at the The ASEAN Intergovernmental Commission on Human Rights (AICHR) meeting held in Kuala Lumpur from 20-24 September 2010.
P.O BOX 288 Jalan Sultan 46730 Petaling Jaya Selangor Darul Ehsan MALAYSIA www.just-international.org
TERBITAN BERKALA
The International Movement for a Just World is a nonprofit international citizens’ organisation which seeks to create public awareness about injustices within the existing global system. It also attempts to develop a deeper understanding of the struggle for social justice and human dignity at the global level, guided by universal spiritual and moral values. In furtherance of these objectives, JUST has undertaken a number of activities including conducting research, publishing books and monographs, organising conferences and seminars, networking with groups and individuals and participating in public campaigns. JUST has friends and supporters in more than 130 countries and cooperates actively with other organisations which are committed to similar objectives in different parts of the world.
INTERNATIONAL MOVEMENT FOR A JUST WORLD (JUST)
Bayaran Pos Jelas Postage Paid Pejabat Pos Besar Kuala Lumpur Malaysia No. WP 1385
About the International Movement for a Just World (JUST)
It would be much appreciated if you could share this copy of the JUST Commentary with a friend or relative. Better still invite him/her to write to JUST so that we can put his/her name on our Commentary mailing list.
Please donate to JUST by Postal Order or Cheque addressed to: International Movement for a Just World P.O. Box 288, Jalan Sultan, 46730, Petaling Jaya, Selangor Darul Ehsan, Malaysia or direct to our bank account: Malayan Banking Berhad, Damansara Utama Branch, 62-66 Jalan SS 21/35, Damansara Utama, 47400, Petaling Jaya, Selangor Darul Ehsan, MALAYSIA Account No. 5141 9633 1748 Donations from outside Malaysia should be made by Telegraphic Transfer or Bank Draft in USD$