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    Failing to Protect the Independence of the European Commission

    I have always believed that the independence of members of the European Commission (EC) was a keystone of successful European integration. Commissioners are obliged by their oath of office to seek a European solution to problems, rather than just seek a balance between conflicting national interests. They have done so ever since 1958. This is why European integration has succeeded, while integration efforts on other continents have failed under the weight of national egoism.

    As the European Union grows, the independence of commissioners from national politics has become ever more important. Some believe the European Commission is too large. From an efficiency point of view, they have a point. But Ireland, among others, has insisted that despite this, each member state should have one of its nationals as a member of the commission at all times.

    No Credible Alternative to the US Grand Strategy in Europe

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    But if the one-commissioner-per-member-state rule is to be upheld as the EU enlarges, commissioners from all states — large and small — must demonstrate that they put European interest first and are not subject to the vagaries and passions of politics in their country of origin. In other words, European commissioners must be independent. All member states must be seen to respect this.

    This is why I am deeply troubled by the attitude taken by the Irish government, and then by President Ursula von der Leyen of the European Commission, to call for Phil Hogan to resign as EU trade commissioner. Both of them failed in their understanding of the European Union and of one of its vital interests — namely the visible independence of members of the European Commission from the politics of any EU state, large or small.

    I was genuinely shocked by what happened. Late in the evening of August 22, leaders of the Irish government called on Hogan to “consider his position.” That means to resign. They piled on the pressure thereafter, with a further statement on August 23 containing a political determination that he had broken the government’s quarantine rules to combat the spread of COVID-19 after returning to Ireland from Belgium. Hogan resigned on August 26. That was his decision and one he was entitled to make.

    Lessons From This Precedent

    But there are profound lessons to be learned by President von der Leyen — and by the European Commission as a whole — as to how and to whom commissioners should be held accountable, and a need to understand what this precedent means for the future political independence of commissioners from their home governments. Separately, there are also questions to be asked about the internal management of and the collegiality of the EC.

    I will set out my concerns here, drawing on the words of the EU treaty, which I helped draft as a member of the Convention on the Future of Europe.

    On August 26, von der Leyen clearly withdrew any active support from Commissioner Hogan and unquestioningly accepted the line of the Irish government. This influenced him to resign from his position. In this action, I contend that the president did not fulfill all of her responsibilities under the treaties. I know she faced genuine political difficulty. But the treaties were framed to deal with fraught political situations while preserving the independence of the EC and due process.

    Embed from Getty Images

    The European Commission is the guardian of EU treaties and should be seen to defend the rules laid down in the treaties under all circumstances, even when it is politically difficult. Article 245 of the treaty requires member states to respect the independence of commissioners. Ireland is bound by that article, after having ratified it in a referendum. One should note that Article 245 refers to respecting the independence of commissioners individually, not just to the EC as a whole.

    It is for the Irish government to say whether publicly demanding a commissioner’s resignation for an alleged breach of Irish rules is compatible with the Irish government’s treaty obligation under Article 245. But it had other options,

    If a commissioner is visiting a member state for any reason, he or she is subject to the laws of that state on the same basis as any other citizen. A visiting commissioner would not be above the law, nor would they be below it either. If they breached the law, due process in the courts ought to be applied — as with any citizen. This is what would have happened if the visiting commissioner was from any country other than Ireland and had experienced the difficulties that Hogan did, and due process would have been followed.

    The statements of the Irish government, and the unsatisfactory explanations by Hogan, created political problems for von der Leyen. She had to do something, but not necessarily what she did. Yet there were options available to her, which she inexplicably failed to use or consider.

    Rules Ignored

    Commissioners are subject to a code of conduct. Under that code, there is an ethics committee to determine if its guidelines have been breached. If the matter is urgent, there is provision for a time limit to be set for a report by the committee. Nonetheless, a reference to the ethics committee would have allowed for due process and a calm and fair hearing. More importantly, using this process would also have asserted the independence of the European Commission as an institution.

    The code says that it is to be applied “in good faith and with due consideration of the proportionality principle,” and it allows for a reprimand that does not warrant asking the commissioner to resign. Due to the course followed, we will never know if there was any breach of the code at all by Hogan.

    President von der Leyen’s failure to use these mechanisms seems to be a serious failure to defend due process and proportionality and to protect the independence of individual commissioners, as was required by the treaty. The EC and the European Parliament should inquire into why she did not do so. There are consequences now for the viability of the code of conduct if it is not to be used in a case like this.

    Criteria Not Applied

    Was what Phil Hogan did a resigning matter anyway? Article 247 allows for only two grounds for asking a commissioner to resign. These are that he or she is “no longer being able to fulfil the conditions for the performance of [their] duties” or “has been guilty of serious misconduct.” I do not think either condition was met in Hogan’s case.

    Hogan would have been fully capable of carrying out his duties while the ethics committee did its work. Instead, his position is now effectively vacant.

    Most people I have spoken to do not think the breaches committed by Hogan — while foolish — amounted to “serious misconduct” within the meaning of Article 247. Failure to recollect all the details of a private visit over two weeks, or to issue a sufficient apology quickly enough, may be political failing, but they hardly rise to the level of “serious misconduct.” Any deliberate and knowing breach of quarantine measures should have been dealt with in Irish courts without fuss.

    In any event, von der Leyen would have been far wiser to have gotten an objective view on all of this from the ethics committee before allowing Hogan to resign.

    Why Did the European Commission Not Meet?

    Another issue is the president’s failure to call an EC meeting if she was considering that a commissioner should resign. Under Article 247, it is the EC — not the president alone — that can make a commissioner resign, and even then it must be approved by the European Court of Justice. These safeguards were put in the treaty to protect the independence of the European Commission. They were ignored in this case.

    The subsequent weakening of the institutional independence of the commission is very damaging to European integration and to the interests of smaller EU states. This should be of concern to the European Parliament.

    The views expressed in this article are the author’s own and do not necessarily reflect Fair Observer’s editorial policy. More

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    Who formally declares the winner of the U.S. presidential election?

    With the U.S. presidential election rapidly approaching at a time of extraordinary political and social disruption, the possibility of an unclear or contested result is coming under scrutiny.
    Unlike many other countries, where the president or prime minister is chosen by direct popular vote, in the U.S., a candidate may win the popular vote and still not be elected to the nation’s highest office. The U.S. also differs from most other democracies in that it has no independent electoral commission to certify the final vote count.
    So who actually confirms the winner?
    Step #1: Before Election Day
    American democracy has many elected officials – state, local and national – and many processes for getting into office.
    I have been working on election campaigns since I was eight years old, when my dad ran for school board and I went door to door asking people to vote for him. I’ve also worked on local, congressional, senate and presidential races and now direct an academic research center on politics.
    What’s striking is that every race is different, from deadlines and filing process to certification. Here, I’ll focus here on the presidential race.
    The unusual and complicated presidential election certification process in the U.S. entwines all 50 states and the District of Columbia, the Senate, House of Representatives, the National Archives and the Office of the Federal Register. It also involves the Electoral College – a uniquely American institution that convenes in 51 separate locations once every four years to pick the president.
    Certified presidential election results are stored in perpetuity at the National Archives. UpstateNYer via Wikimedia Commons, CC BY-SA
    This four-month process was custom designed as a compromise by the Founding Fathers, who did not believe the American people should directly choose the president and vice president but did not want to give Congress the power of selection, either.
    The Constitution declares that American presidential elections occur on the first Tuesday in November, every four years. But the federal election process actually begins in October, when the Archivist of the United States – a presidential appointee responsible for maintaining the government’s most important official documents – sends a letter to the governor of each state.
    The document outlines their responsibilities regarding the Electoral College, which is not a place but a process by which electors – people who are chosen by their party – vote for their party’s presidential candidate.
    The machinery of the Electoral College is complicated, but in short Americans vote for electors and the electors vote for the president. Then, the winner is declared – right?
    Read more: How is the American President elected?
    Step #2: After Election Day
    Not quite.
    Once a final tally of voters’ in-person, mail-in and provisional ballots has been concluded, all 50 governors prepare their state’s Certificate of Ascertainment, a document listing their electors for the competing candidates.
    Each state completes that process at its own rate. This year, because of the pandemic, finalizing the electoral vote count will likely take a lot longer. Once completed, copies of the Certificate of Ascertainment are then submitted to the U.S. Archivist.
    After the governor submits names to the Archivist, each state’s Electoral College electors meet in the state capital – D.C.‘s meet in D.C. – to formally cast their votes for president and vice president on the first Monday after the second Wednesday in December. This year, that’s Dec. 14, 2020.
    In ways that vary state by state, each state’s electors then prepares six Certificates of Vote, which are sent by registered mail to the President of the U.S. Senate and the Archivist of the United States. The remaining four certificates are sent to state officials.
    That fulfills the Electoral College’s duties until the next presidential election.
    Colorado members of the Electoral College sign their Certificate of Vote, Dec.19, 2016, in Denver. Joe Amon/The Denver Post via Getty Images
    Step #3: Congress meets
    On Jan. 6, Congress convenes to count the electoral votes and certify the winner of the election.
    Because the sitting vice president also serves as president of the Senate, Mike Pence will preside over this count in 2021, just as Vice President Joe Biden did in January 2017 when Donald Trump officially became president-elect. Each state, called upon in alphabetical order, files its votes.
    This process is in some respects ceremonial, because by January the media has declared a winner and usually a concession speech has been given. But, officially, it is the moment of truth.
    At the end of the Senate’s electoral vote count, the vice president announces the results and asks if there are any objections. In 2001 Democratic House representatives tried for 20 minutes to block Florida’s highly contested electoral votes for George W. Bush.
    [embedded content] On Jan. 6, 2001, as George W. Bush was certified as President of the United States, members of the Congressional Black Caucus tried in vain to object to the election result.
    That effort failed, because objections must be signed by both a member of the House and the Senate before being voted on by both chambers of Congress. It fell to Vice President Al Gore, as president of the Senate, to declare Bush – his Republican opponent – the winner of the 2000 election.
    After the Senate certifies the election results, all the Certificates of Ascertainment and Certificates of Vote then become available for public review at the Office of the Federal Registrar for one year, then transferred to the National Archives for the permanent record. Those who question the outcome of a U.S. election, in other words, can actually double-check the tabulations themselves.
    [Deep knowledge, daily. Sign up for The Conversation’s newsletter.]
    In the extraordinary event that no candidate wins in the Electoral College, the House of Representatives meets to elect the next president. This is how John Quincy Adams became president in 1824.
    Established almost 250 years ago, this complex process is a foundation of American democracy. Many have questioned whether this antiquated system truly represents the will of the people in modern America.
    But for 2020, it remains the process that will decide the presidential race. More

  • in

    Who formally declares the winner of the US presidential election?

    With the U.S. presidential election rapidly approaching at a time of extraordinary political and social disruption, the possibility of an unclear or contested result is coming under scrutiny.
    Unlike many other countries, where the president or prime minister is chosen by direct popular vote, in the U.S., a candidate may win the popular vote and still not be elected to the nation’s highest office. The U.S. also differs from most other democracies in that it has no independent electoral commission to certify the final vote count.
    So who actually confirms the winner?
    Step #1: Before Election Day
    American democracy has many elected officials – state, local and national – and many processes for getting into office.
    I have been working on election campaigns since I was eight years old, when my dad ran for school board and I went door to door asking people to vote for him. I’ve also worked on local, congressional, senate and presidential races and now direct an academic research center on politics.
    What’s striking is that every race is different, from deadlines and filing process to certification. Here, I’ll focus here on the presidential race.
    The unusual and complicated presidential election certification process in the U.S. entwines all 50 states and the District of Columbia, the Senate, House of Representatives, the National Archives and the Office of the Federal Register. It also involves the Electoral College – a uniquely American institution that convenes in 51 separate locations once every four years to pick the president.
    Certified presidential election results are stored in perpetuity at the National Archives. UpstateNYer via Wikimedia Commons, CC BY-SA
    This four-month process was custom designed as a compromise by the Founding Fathers, who did not believe the American people should directly choose the president and vice president but did not want to give Congress the power of selection, either.
    The Constitution declares that American presidential elections occur on the first Tuesday in November, every four years. But the federal election process actually begins in October, when the Archivist of the United States – a presidential appointee responsible for maintaining the government’s most important official documents – sends a letter to the governor of each state.
    The document outlines their responsibilities regarding the Electoral College, which is not a place but a process by which electors – people who are chosen by their party – vote for their party’s presidential candidate.
    The machinery of the Electoral College is complicated, but in short Americans vote for electors and the electors vote for the president. Then, the winner is declared – right?
    Read more: How is the American President elected?
    Step #2: After Election Day
    Not quite.
    Once a final tally of voters’ in-person, mail-in and provisional ballots has been concluded, all 50 governors prepare their state’s Certificate of Ascertainment, a document listing their electors for the competing candidates.
    Each state completes that process at its own rate. This year, because of the pandemic, finalizing the electoral vote count will likely take a lot longer. Once completed, copies of the Certificate of Ascertainment are then submitted to the U.S. Archivist.
    After the governor submits names to the Archivist, each state’s Electoral College electors meet in the state capital – D.C.‘s meet in D.C. – to formally cast their votes for president and vice president on the first Monday after the second Wednesday in December. This year, that’s Dec. 14, 2020.
    In ways that vary state by state, each state’s electors then prepares six Certificates of Vote, which are sent by registered mail to the President of the U.S. Senate and the Archivist of the United States. The remaining four certificates are sent to state officials.
    That fulfills the Electoral College’s duties until the next presidential election.
    Colorado members of the Electoral College sign their Certificate of Vote, Dec. 19, 2016, in Denver. Joe Amon/The Denver Post via Getty Images
    Step #3: Congress meets
    On Jan. 6, Congress convenes to count the electoral votes and certify the winner of the election.
    Because the sitting vice president also serves as president of the Senate, Mike Pence will preside over this count in 2021, just as Vice President Joe Biden did in January 2017 when Donald Trump officially became president-elect. Each state, called upon in alphabetical order, files its votes.
    This process is in some respects ceremonial, because by January the media has declared a winner and usually a concession speech has been given. But, officially, it is the moment of truth.
    At the end of the Senate’s electoral vote count, the vice president announces the results and asks if there are any objections. In 2001 Democratic House representatives tried for 20 minutes to block Florida’s highly contested electoral votes for George W. Bush.
    [embedded content] On Jan. 6, 2001, as George W. Bush was certified as President of the United States, members of the Congressional Black Caucus tried in vain to object to the election result.
    That effort failed, because objections must be signed by both a member of the House and the Senate before being voted on by both chambers of Congress. It fell to Vice President Al Gore, as president of the Senate, to declare Bush – his Republican opponent – the winner of the 2000 election.
    After the Senate certifies the election results, all the Certificates of Ascertainment and Certificates of Vote then become available for public review at the Office of the Federal Registrar for one year, then transferred to the National Archives for the permanent record. Those who question the outcome of a U.S. election, in other words, can actually double-check the tabulations themselves.
    [Deep knowledge, daily. Sign up for The Conversation’s newsletter.]
    In the extraordinary event that no candidate wins in the Electoral College, the House of Representatives meets to elect the next president. This is how John Quincy Adams became president in 1824.
    Established almost 250 years ago, this complex process is a foundation of American democracy. Many have questioned whether this antiquated system truly represents the will of the people in modern America.
    But for 2020, it remains the process that will decide the presidential race. More

  • in

    Donald Trump: A President Against His People

    In less than two months from now, Americans would have elected their next president. One can only hope that they have elected their 46th president, not reelected their 45th for another four-year term. Electing Donald Trump was nothing short of shooting oneself in the foot with a .45-caliber pistol. Reelecting him will amount to taking that pistol to the head and pulling the trigger.

    In four years, this man has caused countless harm to everyone possible, save rich white Americans and even richer American corporations. He has worked hard to reclaim whiteness in America, having done everything possible to ensure that to be American is synonymous with being white. He has characterized Mexicans as rapists and Central American refugees as criminals. Blinded by his xenophobic views, he promised his supporters a beautiful wall on the southern border that would be paid for by Mexico. Employing his executive powers to keep Muslims away from American soil, his exclusionary immigration policies have been openly Islamophobic from the first days of his presidency.

    Donald Trump’s War With the Troops

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    As president, Trump had the opportunity to make a positive impact on innumerable aspects of the lives of its citizens. Unfortunately, anything he turned his attention to — whether it’s education, health care, taxation, immigration, trade agreements or the environment — he managed to make worse. It requires an extraordinary amount of ineptitude and incompetence to accomplish what Trump has in his four years. He has done enough damage to the country — and the world at large — to vie for the unenviable top spot as the worst president in the history of the United States of America.

    Enduring the final year of his presidency, I had thought that it is impossible to be surprised or outraged any longer by whatever the man says or does. I was proven wrong. Trump’s handling of the COVID-19 pandemic has made his previous transgressions seem like a walk in the park. On September 9, he acknowledged that he had intentionally downplayed the seriousness of the pandemic. The White House response was a pathetic effort to mitigate the fallout from the information contained in the upcoming book by The Washington Post’s veteran journalist Bob Woodward.

    The COVID-19 death toll in the US is just shy of 200,000, from over 6.5 million cases — the highest in the world. That Trump never cared for the welfare and well-being of his fellow countrypeople was amply clear from his policies and actions over these past four years. That he could turn a blind eye to the calamitous effects of the pandemic and lie to the nation about it likens him to a modern-day emperor, mocking the suffering of his subjects, not much different from Nero who fiddled while Rome burned.

    Trump’s bungling response to the pandemic makes him culpable for this exorbitant death toll, which could have been averted had he acted swiftly and decisively, with a plan of action based on scientific findings. Instead of encouraging responsible social behavior from the country, he mocked science with his refusal to wear a mask, by consuming hydroxychloroquine as a shield against the coronavirus and misleading the American public by not only not impressing upon it the gravity of the pandemic but, as we now know, willfully underplaying the dangers of COVID-19. Trump’s callous and reprehensible behavior during the pandemic not only taints his legacy with the unnecessary loss of life, but it also cements his position as the worst president of the country with an insurmountable lead over Andrew Jackson and quite possibly anyone else in the future.

    America is a nation that loves to bookmark in history the wars its presidents spearheaded during their tenure. Lyndon Johnson is remembered for launching his war on crime in 1965, Ronald Reagan for his war on drugs in 1982. Today, both those wars have resulted in more than 2.3 million incarcerated Americans, with a disproportionate amount of them being black and people of color. George W. Bush is identified with the war on terror that he commenced soon after the 9/11 attacks in 2001.

    By contrast, what Trump has managed to do in his four years at America’s helm is wage a full-scale war on humanity. Sadly, Republican politicians have been abetting this war by kowtowing to the president. A vote for Donald Trump this November is an endorsement of his war on humanity and actively lending support to it.

    The views expressed in this article are the author’s own and do not necessarily reflect Fair Observer’s editorial policy. More

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    How Alexei Navalny Created Russia’s Main Opposition Platform

    On September 2, German authorities stated that Russian opposition politician Alexei Navalny had been poisoned with a nerve agent from the Novichok group. Since August 22, Navalny has been treated at the Charité university hospital in Berlin, where he was transported from Russia in an induced coma.

    Navalny is best-known for his anti-corruption initiatives, particularly the Anti-Corruption Foundation, which is commonly known under its Russian abbreviation FBK. Since its inception in 2011, FBK has evolved into an important independent investigative media outlet funded by over 15,000 recurring donations from Russian citizens. Although Navalny is not allowed on Russian state-run television, FBK’s video investigations have been watched hundreds of million times on Navalny’s YouTube channel.

    In July, Navalny was forced to dissolve FBK after a libel lawsuit filed by Yevgeny Prigozhin, a US-sanctioned Russian billionaire accused of interference in the 2016 US presidential elections. Prigozhin is seeking 88 million rubles ($1.4 million) from FBK, Navalny and Lyubov Sobol, FBK’s lawyer and a prominent opposition activist. Despite FBK’s liquidation, its team continued to work as usual, and on August 18-20 was filming a new investigation in Tomsk, where Navalny is believed to have been poisoned.

    Breaking Through the Information Blockade

    Navalny’s anti-corruption crusade began in 2008, when he purchased a small number of shares in Russian publicly-traded oil and gas companies, including the majority state-owned Gazprom and Rosneft, and became an activist shareholder. He started publishing investigations into the opaque operations of these companies on LiveJournal, formerly a popular blogging platform in Russia.

    Launched in 2011, FBK initially published its reports on Navalny’s LiveJournal page. In 2015, it published its first investigative documentary on Navalny’s YouTube channel, previously used for promoting his Moscow mayoral candidacy in 2013. In the ground-breaking documentary, FBK accused Russia’s then-Prosecutor General Yury Chaika and his two sons of large-scale corruption, money laundering and links to organized crime figures.

    Russia’s Denials of Navalny’s Poisoning Fall on Deaf Ears

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    Since then, FBK has regularly published its investigations on YouTube, pointing out the lavish lifestyles of Russian officials and visualizing complex ownership schemes of their businesses and properties. FBK’s videos were particularly appreciated for their humorous presentation, impressive drone footage of luxury properties and high-quality animations. By keeping the content entertaining and accessible while describing complex fraudulent schemes, Navalny managed to expand his follower base to include people from across the country and its social classes.

    In 2017, FBK published its best-known documentary, exposing the alleged corrupt activities of Russia’s then prime minister and former president, Dmitry Medvedev. The video was viewed over 36 million times as of September 2020. Shortly after the release of this investigation, Navalny’s YouTube channel gained one million subscribers, and Navalny announced the launch of a second YouTube channel, Navalny Live, intended for live streaming.

    In June 2017, TIME magazine included Navalny in its list of the 25 most influential people on the internet for “breaking through the Kremlin’s information blockade.” Navalny’s two YouTube channels became an influential alternative to state-run television and a vital source of information for many Russians. By September 2020, the two channels accumulated 4 million and 2 million subscribers, respectively.

    Transparency and Accountability

    FBK is widely credited for its scrupulous work with public records, which is the main source of information for its investigative documentaries. FBK has been actively challenging the common misconception that Russia is an opaque jurisdiction with poor record-keeping. Indeed, Russian authorities collect and publish a wealth of regularly updated data that is readily available free of charge or for a relatively small fee.

    FBK’s investigations are often based on information from Russia’s official land registry and corporate records as well as wealth declarations published by government officials. Based on open source information, in April 2019, FBK concluded that Russia’s longstanding minister of finance, Anton Siluanov, owned a plot of land in the elite Rublevka district outside Moscow and that, taking into account his declared income over the past 10 years, he could not possibly afford it.

    Similarly, FBK discovered that a neighboring plot of land is owned by an anonymous “natural person,” according to the official land registry. FBK claimed that the land is owned by the Russian Deputy Minister of Defence Ruslan Tsalikov; the size of the plot was exactly the same as the plot of land Tsalikov mentioned in his wealth declaration. Once again, FBK concluded that Tsalikov would not have been able to buy land in Rublevka considering his declared earnings. Both the finance and defense ministries confirmed ownership of the land but denied FBK’s allegations of illicit enrichment.

    Despite the overall transparency of the official Russian registries, names of senior public officials from Russia’s military and space sectors, and even their relatives, have been increasingly removed from the land registry filings on unclear legal grounds. For example, in November 2019, FBK stated that the 81-year-old father-in-law of Dmitry Rogozin, the head of Roscosmos (Russia’s space agency), disappeared from the land registry. His name was substituted by the “natural person” entry. FBK claims that he owns expensive properties on behalf of Rogozin. Rogozin has not responded to FBK’s allegations.

    Various global NGOs and think tanks, including Transparency International, have continuously classified Russia as a country with a high level of corruption. Russian government officials are often involved in illicit enrichment schemes, such as kickbacks, or conceal ownership of businesses and properties through their close associates or offshore shell companies. As demonstrated by FBK’s investigations into Tsalikov and Rogozin’s properties, officials tend to try to hide ownership by erasing their names from the official registries.

    Even though FBK can identify individual cases of illicit enrichment, Russia currently lacks the necessary mechanisms to investigate such allegations. Article 20 of the UN Convention Against Corruption defines illicit enrichment as a “significant increase in the assets of a public official that he or she cannot reasonably explain in relation to his or her lawful income.” While Russia ratified the convention in 2006, it refused to include Article 20. Due to this omission, FBK’s anti-corruption investigations have little to no legal consequences within Russia. Against this backdrop, Navalny has repeatedly claimed that political changes are necessary to end endemic corruption in Russia.

    Smart Voting Against United Russia

    As Russia’s leading opposition figure, Navalny has never concealed that FBK’s investigations are intended as a call for political action. His most recent investigations, including the one filmed in Tomsk, support his political campaign against candidates from the ruling United Russia party on the eve of the regional elections on September 13.

    This campaign is part of the so-called smart voting initiative, which is Navalny’s wider strategy to challenge the protracted rule of President Vladimir Putin and United Russia. The central election commission has refused to register Navalny or any other FBK employee as a candidate in elections since 2013, when Navalny came second in Moscow’s mayoral election with 27% of the vote. To challenge the situation, Navalny’s team used its reach to coordinate opposition voters to strategically and effectively beat United Russia candidates in hundreds of local and regional elections. In practice, this means voting collectively for the strongest non-United Russia candidate in any given district, regardless of his or her political affiliation or personal qualities.

    Embed from Getty Images

    In September last year, smart voting generated impressive results: Nearly half of the elected members of the Moscow city council — 20 of 45 members — had been recommended by the platform. During the campaign, FBK’s investigations into the source of wealth of prominent United Russia members in Moscow proved to be a vital agitation tool, given that Navalny or FBK have no access to popular state-run media outlets. According to a research paper published in March this year by Russian political analysts Ivan Bolshakov and Vladimir Perevalov, Navalny’s smart voting, on average, improved the results of opposition candidates by 5.6% in last September’s Moscow city council elections. For instance, FBK accused Andrey Metelsky, United Russia’s branch head in Moscow, of concealing his multimillion-dollar business empire by controlling it through his 75-year-old mother. Following the 2019 campaign, Metelsky lost his district to a candidate suggested by Navalny’s smart voting. Prior to that, Metelsky had continuously held office since 2001.

    According to the Charité hospital, on September 8, Navalny has been taken out of an induced coma and is reported to be responding to speech. His recovery will probably take a long time, and long-term after-effects cannot be ruled out. But it is worth noting that Navalny’s projects seem to be working smoothly even in his absence: The latest investigation, released on September 9, has already garnered nearly 3 million views. Acting under constant pressure from Russian authorities, Navalny and FBK focused on establishing autonomous operations that do not overly rely on any single person.

    On the eve of the 2019 elections, Navalny spent a month in jail for violating Russia’s strict protest laws, while his allies continued to shoot FBK documentaries and campaigned for smart voting. The smart voting platform has already provided its recommendations for the upcoming local and regional elections scheduled for September 13 and intends to do so for the 2021 state Duma elections.

    The views expressed in this article are the author’s own and do not necessarily reflect Fair Observer’s editorial policy. More

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    The Mechanics of Discontent Visible in Berlin

    The vacuum of leadership and the visible missteps throughout much of the Western world have turned developed nations into a fertile ground for what some people see as the resurgence of modern versions of fascism. Until the past few months, such a statement would have sounded provocative at best, delusional at worst. But the evidence confronts us every day and the most sober, level-headed among us cannot avoid the suspicion that, thanks to a raging and still mysterious pandemic, we are living on some kind of political brink that could end up with the overturning of the existing social order.

    Katrin Bennhold, the Berlin bureau chief of The New York Times, reports on an event that, because it took place in Berlin, will fatally evoke ominous overtones for the average reader. The article bears the title, “Far Right Germans Try to Storm Reichstag as Virus Protests Escalate.”

    The Mad Complicity of Trump, Pompeo and the Media

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    At one point, Bennhold quotes an expert on far-right extremism, Matthias Quent, who offers his description of the motley crew participating in the event, which took place on August 29. “We have everything from Hare Krishna fans to Adolf Hitler fans on the streets. It’s a very disparate crowd but what unites people is an angry discontent with the establishment. It’s a mix of populist and egoist outrage,” he says.

    Here is today’s 3D definition:

    Egoist outrage:

    The ultimate expression of political revolt in individualistic Western societies where the ego has become the absolute reference and authority that founds every individual’s moral judgment

    Contextual Note

    With its title highlighting the dramatic action of the storming of the Reichstag, The New York Times may deliberately be making a mountain out of a molehill. It could be seen as a typical journalistic gambit of scaremongering to hook the reader, followed by more reassuring, level-headed analysis. The story contrasts, for example, with DW’s article on the same event that avoids pushing the idea of a neo-Nazi threat. Instead, it concentrates on the political and legal choices available to the immense majority of Germany’s people and its authorities seeking counter the attempts of the neo-Nazi right who are attempting to use the current health crisis to disrupt German politics.

    Beyond the headline, once it gets into the body of the story, The Times article itself gives a reasonably objective account of the event and its possible consequences. The quote by Quent confirms that the discontent behind the demonstration had little to do with building a neo-Nazi political force. The “populist and egoist outrage,” he mentions, should be interpreted as an unfocused cry of despair of a mostly younger generation that reflects a vague sense of decline in the authority of institutions and an absence of a political vision for the future.

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    Quent offers a particularly reassuring take that contradicts the implicit evocation of a return of Nazi stormtroopers. “In Germany, like many other European countries, we see that far-right parties are losing ground, that there is growing trust in incumbent governments. In the short term the pandemic can’t be exploited by far-right parties.” That doesn’t mean the protesters believe that today’s political institutions are doing a great job and should be encouraged to continue on their merry way.

    But Quent calls the outrage “egoist,” implying that it may simply be a symptom of the reigning individualism in contemporary German culture. The article also tells us that “Chancellor Angela Merkel’s government is enjoying high levels of trust and popularity, and the great majority of Germans approve of its virus control measures.” If all of that is true, the sensationalism associated with imagining a neo-Nazi resurgence begins to disappear.

    Because this is The New York Times, we know that the article was written for Americans who are always eager to know which foreign threat they need to be afraid of. Bennhold accordingly gets Quent to admit that the fly is in the ointment and things could quite possibly flare up again. “If the economy deteriorates further and unemployment rises,” she quotes him as saying, “that equation may change. Already, the AfD and more extreme far-right groups are trying to capitalize on the discontent as they begin positioning themselves for what may be a much uglier political scene some months from now.”

    Bennhold dutifully reminds us of this important point: “Even before the pandemic hit Germany, far-right extremism and far-right terrorism had been officially identified as the biggest danger to the country’s democracy.” She then offers several paragraphs of evidence that neo-Nazis have been infiltrating the police before concluding the article with a quote by Germany’s President Frank-Walter Steinmeier: “Far-right extremism has deep roots in our society. It is a serious danger.”

    In other words, The Times is up to the task of making sure that Germany lives up to the disturbing image Americans have of it.

    Historical Note

    Among the reminders of recent history included in the article, Katrin Bennhold offers an update for those who are still trying to digest the scary events from five years ago when the crisis caused by massive refugee immigration mostly from the Middle East seriously destabilized Germany and much of Europe. That paranoia, itself a direct consequence of the disastrous American wars in the Middle East, very directly contributed to the success of the Brexit vote in 2016 that was largely motivated by fear of extra-European immigration.

    Bennhold elaborates: “The migrant wave helped propel the AfD into Parliament in the last election, but the issue has lost much of its political potency, as the resettlement has been broadly deemed a success. And with its own lawmakers and voters deeply split over the country’s coronavirus measures, the party has seen its share of the vote dip below 10 percent in recent polls.”

    Most Americans, including most readers of The New York Times, were probably not aware of the fact Bennhold dryly reports today that all’s well that ends well or, more specifically, “the resettlement has been broadly deemed a success.” In 2018, Bennhold herself wasn’t very sure. In an article she co-authored with Max Fisher, they asked at the time, “Has the German migrant fight been resolved?” And the curt answer they gave was simply, “Maybe, but probably not.”

    This is the eternal problem with the news, even for a serious outlet like The New York Times. Crises sell in the sense of motivating the publication to write them up and spare no details in describing the extent of the damage as the crisis is unfolding. But when a crisis is resolved, totally or partially, unless it is the result of a sudden dramatic gesture, the news outlet will find other crises flaring up that are more urgent to cover. This is especially true when a policy devised to address a crisis is “deemed a success.” All journalists know that “deeming” is never newsworthy. Storming the Reichstag is.

    *[In the age of Oscar Wilde and Mark Twain, another American wit, the journalist Ambrose Bierce, produced a series of satirical definitions of commonly used terms, throwing light on their hidden meanings in real discourse. Bierce eventually collected and published them as a book, The Devil’s Dictionary, in 1911. We have shamelessly appropriated his title in the interest of continuing his wholesome pedagogical effort to enlighten generations of readers of the news. Read more of The Daily Devil’s Dictionary on Fair Observer.]

    The views expressed in this article are the author’s own and do not necessarily reflect Fair Observer’s editorial policy. More

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    The Solution to India’s China Problem: A Free Tibet

    India has had a wound around its Himalayan neck ever since it suffered a humiliating defeat to China in 1962. The recent clash between Indian and China soldiers in Galwan Valley on June 15 has only rubbed salt into that wound.

    It has come to this because when China invaded neighboring Tibet in 1950, India was in thrall to the newly-established communist regime under Mao Zedong after a bloody revolution. Ignoring its civilizational relationship with Tibet, India hoped to gain from the emerging power of the People’s Republic of China and thus celebrated “Hindi-Chini bhai bhai,” a popular slogan of the time that translates to “Indians and Chinese are brothers.”

    Han and Hindu Nationalism Come Face to Face

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    After 1962, the Chinese military stood on the doorstep of India across thousands of kilometers in the Himalayas. Proverbially, this border was guarded by only 60 Indian policemen before China’s conquest of Tibet. Pertinently, India never had a border with China before 1950.

    Refuge in India

    If Tibet had remained a free and independent country, today it would have been the 10th largest nation with 2.5 million square kilometers of land. The Tibetan Plateau hosts 46,000 glaciers, nearly one-fourth of the world’s total number. It is a source of numerous rivers, including some of the most mighty ones such as the Indus, Brahmaputra, Mekong and Yangtze. It is shocking that such a vast reservoir of water and natural resources in Asia has been occupied by China and it is even more shocking that it barely gets a mention today.

    Ancient Buddhist culture has been preserved in Tibet over many centuries. In the Indian public psyche, Kailash Mansarovar was part of India. Tibetans used to visit Buddhist pilgrimage sites in India at Sarnath, Bodhgaya, Nalanda and Amravati. The India–Tibet border was irrelevant and people used to cross it freely. Today, that border has two armies facing each other and people no longer cross it.

    After the Dalai Lama took refuge in India in 1959, around 100,000 Tibetans have come to India. Most of them live in the Himalayan regions and the state of Karnataka. The Tibetan seat of power is in Dharamshala, Himachal Pradesh, where the Dalai Lama has set up abode. The Tibetan parliament and government are also based there. Although many Tibetans still dream of a free Tibet, India‘s desire for closer ties with China in the past has led New Delhi to shy away from supporting Tibetan independence. As a refugee in India, the Dalai Lama has spoken of autonomy and adhered to India‘s “One-China” policy.

    In 70 years of Chinese occupation, more than 1 million Tibetans have been killed, 6,000 monasteries destroyed and Tibet’s cultural identity attacked. The Chinese have also proceeded to exploit Tibet’s natural resources. They have cleared forests, bombed mountains and practice strip mining for gold, copper, lithium and other rare earth elements.

    Long Ignored

    The international community has ignored the genocide and exploitation Tibet has experienced over the last seven decades. Powerful nations have made their peace with China for geopolitical and economic reasons. In the process, Tibetans have suffered a lot.

    Embed from Getty Images

    Globalization has led over 160 countries trading with China. Western “liberal democrats” blindly accept the “One-China” policy and recognize Tibet as a part of China. Freed of any external pressure, China has become more oppressive in Tibet. Even possessing the Dalai Lama’s photo could land a Tibetan in jail on charges of separatism. Although Tibetan youth do not retaliate like their counterparts in Palestine or Kashmir, they have resorted to self-immolation as a form of protest against Chinese occupation.

    Tibetans still believe that freedom is possible. Until six decades ago, Confucianism and Buddhism were the strongest influences on Chinese society. Communism attacked these twin pillars. Capitalism has shaken them further. Today, the only religion consumerist China worships is money. Yet, as the Chinese are discovering, life is more than money. Tibetans are convinced that China will never be able to conquer their spirit and that they are free until their spirit is free.

    During visits of Chinese leaders, Indian police customarily arrest all Tibetan activists to appease China. Yet young Tibetans take their inspiration from India’s struggle for independence from British rule. Few remember that until 1942, most Indians did not believe they would see freedom in their lifetime. Mahatma Gandhi’s Quit India Movement struggled to gain mass support. Within five years, India became independent because the British Empire collapsed under its own weight. Tibetans believe the same will happen to the modern Chinese empire.

    Chinese Domination

    China has not only occupied Tibet but also Uighur East Turkestan, a Muslim-majority region covering 1.8 million square kilometers now known as Xinjiang. It also occupies 1.2 million square kilometers of southern Mongolia and 84,000 square kilometers of Manchuria. By some calculations, 60% of China’s 9.6 million square kilometers is occupied territory. China’s expansionist designs continue. The “Belt and Road Initiative” is China’s plan to dominate world trade.

    The Chinese Communist Party (CCP) controls all aspects of life in the country. The administration, the judiciary, the legislature, the media and the military are all controlled by the CCP. The party fosters a personality cult around Mao despite his responsibility for the death of millions of people. His portrait still adorns Tiananmen Square, a place made immemorable by the brutal slaughter of unarmed students by armed tanks. That 1989 massacre still stands obliterated from history textbooks and even the internet in China.

    Territorial encroachments and China’s support for Pakistan demonstrate that Beijing has no respect for India’s territorial integrity. There is no reason for India to respect China’s territorial integrity. Beijing is facing international isolation because of the COVID-19 outbreak. From Japan to Bhutan, China’s neighbors are nervous about its expansionism. The time has come for India to stand up to China. It must scrap the “One-China” policy and support Tibet’s nonviolent movement for independence.

    *[An earlier version of this article was published by The Indian Express.]

    The views expressed in this article are the author’s own and do not necessarily reflect Fair Observer’s editorial policy. More

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    Will Chile Listen to Its People?

    The country with the highest per capita infection rate of COVID-19 is in South America — but it isn’t Brazil. Chile, despite its high incomes and access to resources, has struggled to keep the pandemic under control and suffers from infection rates higher than the United States, which currently leads with the highest number of total coronavirus cases in the world. What the pandemic has done is highlight one of Chile’s biggest problems — income inequality.      

    Mortality rates in Santiago’s public hospitals are twice that of the nation’s private hospitals. However, those with fewer resources in Chile have been marginalized from the elites in the nation’s capital long before the virus. A highly privatized economy has allowed many to fall through the cracks, bringing millions of Chileans to the streets in protest in 2019. To close this gap, economic, social and educational reforms are required.

    What Is Driving the Protests in Latin America?

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    The Chilean government is aware of the discontent among its citizens. In 2006, 800,000 students took to the streets, with subsequent protests in 2008 and 2011 in response to the rising costs of higher education. Then, in October last year, a 4% subway fare increase sparked nationwide protests that brought over a million Chileans to the streets of Santiago, the largest protest in the country’s history. The 2019 protests have resulted in at least 30 deaths and 11,000 injured. Human rights organizations have reported incidents of torture, sexual abuse and assault by Chilean security forces.

    Most Unequal

    The government of President Sebastian Pinera has responded with various reforms, such as a middle-class stimulus package, early access to pensions as well as a promise of a vote on a new constitution. Chile’s current constitution was written in 1980, during the 17-year military dictatorship of General Augusto Pinochet, furthering the need for a new democratic framework. The Chilean government must make good on its promises if it is to shake its place as the most unequal among the Organization of Economic Co-operation and Development (OECD) countries.

    The virus has disproportionately affected Chile’s poorest citizens, who often live in densely populated areas and do not have the luxury of working from home. Speaking to The Guardian, a university professor commented, “What are people in poor rural communities supposed to do with online yoga and cooking classes?” Chile must reach into its savings and provide immediate relief for those who are struggling. A stimulus package that benefits low-income populations should be implemented immediately.

    In the long term, Chile must reverse its stance on fiscal prudence. Savings can help mitigate recession, but Chile’s conservative fiscal management is its Achilles’ heel. Chile offers very few social services, ranking second only to Mexico in social spending among OECD countries. Even water is a private commodity. However, Chile has taken actions that indicate less austere policies may be coming. The lower house of parliament voted to allow Chileans to dip into their private pensions to provide immediate COVID-19 relief. President Pinera announced a 1$.5-billion middle-class stimulus as well. This is a positive step, but more funds must be directed to the country’s poorest citizens.

    “One Bread per Person”

    Looking to the long term, educational reform must be prioritized. Public schools in Chile are underfunded, while private education is often unaffordable. Average annual college tuition in Chile is $7,600 — approximately half of the median income and among the highest in the world; only American private universities and British universities have higher tuition rates adjusted for income.

    There have been efforts to reduce public university costs, such as when the gratuidad system was introduced in 2016. While the program mitigated university costs for low-income students, it has reduced funding for public universities. For public universities to be competitive with their private counterparts, funding is critical. Not only is an improved education system perhaps the most important factor in reducing inequality, but it is something that Chileans have been asking of their government for over 15 years.

    Feeling pressure from its citizens, Chile has pushed forward an agreement to vote on a new constitution in October. Polling showed last year that three-quarters of Chileans supported the protesters, with 87% backing the demand for constitutional reform. Camila Meza, a 28-year-old publicist living in Santiago, agrees with the need for a new constitution: “The need for a new constitution is paramount. One that allows for a more efficient response to issues of citizen interest, such as education and guaranteed health care.”

    A government directly addressing public needs amidst protest is not a given. But there should be optimism for a better, more stable Chile. It is important for the country to push forward with the drafting of a new constitution. Otherwise, the capacity for further violence and unrest will remain. The late Chilean poet Nicanor Parra said it best: “There are two pieces of bread. You eat two. I eat none. Average consumption: one bread per person.” 

    *[Fair Observer is a media partner of the Young Professionals in Foreign Policy.]

    The views expressed in this article are the author’s own and do not necessarily reflect Fair Observer’s editorial policy. More