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    Big Pharma’s Big Free Lunch

    A vast majority of the planet’s population had every reason to welcome the Biden administration’s belated backing of a proposed patent waiver for COVID-19 vaccines. To anyone not invested in the pharmaceutical industry or not named Bill Gates, it was a no-brainer. Economist David Adler and Dr. Mamka Anyona, writing for The Guardian, convincingly argue that “the system of pharmaceutical patents is a killing machine.”

    The good news coming from the White House predictably triggered bad news on Wall Street. CNBC reported that within hours, share prices of major vaccine producing pharmaceutical companies “including Moderna, BioNTech and Pfizer, dropped sharply.” The alarm may have been exaggerated. “Johnson & Johnson shed a modest 0.4%,” and closed higher at the end of the week. Pfizer and the others had also gained ground by Friday.

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    The brief Wall Street plummet was enough to provoke the ire of Stephen J. Ubi, president of the Pharmaceutical Research and Manufacturers of America, ready to demonstrate the bad faith everyone might expect from a powerful industrial lobbyist. “In the midst of a deadly pandemic,” he explained indignantly, “the Biden Administration has taken an unprecedented step that will undermine our global response to the pandemic and compromise safety. This decision will sow confusion between public and private partners, further weaken already strained supply chains and foster the proliferation of counterfeit vaccines.”

    Today’s Daily Devil’s Dictionary definition:

    Public and private partners:

    A euphemism invented to hide the practice of getting taxpayers (the public) to pay for research that will guarantee future profits for commercial firms (private partners) by gifting them a monopoly permitting exorbitant margins on sales to the public, whose tax dollars funded the research

    Contextual Note

    The pharmaceutical industry will tend to judge any political decision made in the name of human health and the prosperity of all as an act of “sowing confusion.” In our ultra-rationalist economy, profit has become the sole measure of value. Compromising profit is evil, and, as Milton Friedman endlessly repeated, “There’s no such thing as a free lunch.” Calling into question the pricing strategies of private companies in the supposed free market is considered a dangerous heresy.

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    When a government puts up money and resources to stimulate research, guarantees massive purchase orders and transfers the intellectual property to private companies, the companies that benefit don’t consider it “a free lunch.” There’s a reason for this: A lunch at an expensive restaurant in New York may set you back $100 or more. A Coney Island hot dog costs less than $5. But the kind of transfer of wealth from the public to the private sector is routinely measured in billions, if not tens of billions.

    The current system of research funding and pharmaceutical production has admittedly produced a certain form of consumer abundance. But the driver of the system even in ordinary times is the management of scarcity and human misery. There seems to be an iron-clad rule that many take to be a law of nature: The misery of the many serves the prosperity of the few. The enduring good fortune of the wealthy enterprises ensures their capacity to partially respond to the needs of the many — but only partially, thanks to the sacrosanct scarcity principle.

    Ubi begins his complaint by reminding us that we are “In the midst of a deadly pandemic.” He doesn’t bother to mention that the pandemic might have been controlled months ago if, from the start, we had followed the advice of those who preached in favor of coordinated research and “patent pools.” As Alexander Zaitchik explained in his New Republic article on the crucial role Bill Gates played in defending patents, there was a brief moment when the World Health Organization and health professionals were ready to coordinate global research by suspending considerations of private interest and monopolistic profit in response to an impending global threat. That, alas, was seen as stealing Big Pharma’s lunch and violating the consecrated principle of public-private partnerships.

    When the pandemic began to spin out of anyone’s control, US President Donald Trump and French President Emmanuel Macron proudly declared war against the virus. In a veritable world war against a truly evil enemy, with the well-being of every nation’s citizens at stake, reasonable people might expect private interests to give way to the public good. Not in today’s economy. The public sector has accepted its structural dependence on the private sector’s greed to accomplish even its most modest goals. Instead of pooling their efforts, the world’s nations acted as if every other nation was a rival, if not an enemy. Call it the triumph of the spirit of competition.

    Historical Note

    Ubi complains that the Biden administration took “an unprecedented step.” That is simply untrue. The Defense Production Act (DPA), passed in 1950 during the Korean War, authorized “the federal government to shape the domestic industrial base so that, when called upon, it is capable of providing essential materials and goods needed for the national defense.” According to The New York Times, the DPA “has been invoked hundreds of thousands of times” in recent years to ensure the procurement needs of the military. Is global health a less deserving cause than equipping an aircraft carrier?

    Waiving the patents, according to Ubi “will undermine our global response to the pandemic and compromise safety.” Some might see this as a threat. That actually makes sense, since threats are an item in every effective manager’s toolbox. But it becomes the equivalent of blackmail. In all likelihood, the Big Pharma behemoths would refuse to cooperate with the transfer of technology and know-how at a time when all processes need to be accelerated to achieve a lasting effect. They are the ones who possess the clout required to “undermine our global response” and “compromise safety.”

    Most astonishing is Ubi’s claim that the “decision will sow confusion between public and private partners.” Although President Biden’s initiative is only a modest step forward, the waiver would be a welcome occasion to begin to clarify what a presumed “partnership” means. For the public, it could signal the breakthrough some believe they see in Biden’s stance. For the first time in at least two decades, the idea of putting a valuation on the public contribution and translating it into intellectual property rights becomes conceivable.

    Embed from Getty Images

    In the recent past, public investment in all kinds of innovation has been quietly transferred at a fixed price to private interests. In most cases, the price takes little account of actual cost and even less of commercial value. This is as true of Silicon Valley as it is of Big Pharma. The richest billionaires have benefitted from more than a few free lunches.

    Ubi fears that the waiver will “further weaken already strained supply chains.” A year ago, the question of supply chains emerged as a major issue as the wealthy nations discovered they no longer had easy access to the masks, PPE and medical supplies needed to respond to the pandemic. In a competitive globalized world, nearly every nation suddenly found itself at a disadvantage. Ubi is right to signal “strained supply chains.” But the whole point of the waiver is to reduce supply chain bottlenecks at a moment of crisis.

    Ubi’s final point concerns his fear of “counterfeit vaccines.” But liberating intellectual property reduces the attraction of counterfeits, an effect associated with the protected monopoly of exclusive brands. Illicit imitations of every type of commodity will continue to be an issue for local or national law enforcement. The medical profession is far more capable than retail stores to combat counterfeiting.

    The CNBC article concludes with warnings about “China’s ability to piggyback on U.S. innovation to further its vaccine diplomacy aims.” It mentions Russia as well. The idea of cooperation appears nowhere in its reasoning. That is what’s expected from a media whose sole focus is on what affects the stock market. It cites The Washington Post editorial board’s echo of Bill Gates’s self-interested reasoning. With such well-funded resistance in the financial and political world, the likelihood of a serious change of outlook seems limited. DC lobbyists, generously funded politicians and conformist media clearly have more power than the American people and far more than the seven billion people that populate nations not called the United States.

    *[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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    Immigration Is the Solution for the Falling US Birth Rate

    Germany faces a major crisis. The German birth rate is considerably below what’s needed to replace the population. German seniors, meanwhile, are living longer and drawing more on state resources for their pensions and health care. There are basically two ways out of this demographic crisis.

    First of all, Germany could boost its birth rate. The German state provides generous family leave and child-care policies — not to mention the famous Kindergelt, the direct monthly payments of child benefits — and the fertility rate has indeed edged up over the years from 1.24 children per woman in 1994 to 1.57 today. But the trend in industrialized countries suggests that it will be difficult to push the rate much higher. The closest to the replacement rate of 2.1 children that any European Union country gets is France at 1.88.

    The second way out of Germany’s crisis would be through immigration. The country could throw open its doors to people from all over the world to take unwanted and unfilled jobs, pay taxes and support the increasingly aging population.

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    That is exactly what Germany did. The government of Angela Merkel, in 2015 and 2016, accepted over a million refugees from the Middle East and North Africa. Germany now has the fifth largest population of refugees in the world (after Turkey, Colombia, Pakistan and Uganda).

    This headline-grabbing decision, five years later, has been a remarkable success. The million refugees have prospered, reports the Center for Global Development:

    “Today, about half have found a job, paid training, or internship. On arrival, only about one percent declared having good or very good German language skills. By 2018, that figure had increased to 44 percent. … Such successful integration also has impacted the local German population. For example, between 2008 and 2015, the number of employees in companies founded by migrants grew by 50 percent (to 1.5 million). It has also mobilized civil society. A survey by the Allensbach Institute for Public Opinion Research suggests that 55 percent of Germans have contributed to the integration of refugees since 2015.”

    In 2015, nearly everyone in the media — German, European, international — referred to the millions of desperate people trying to get into Europe as an “immigration crisis.” They should have given it a different label: the immigration solution to Europe’s demographic crisis. Germany wisely chose to take advantage of this opportunity, while the countries of Eastern Europe, by and large, have embraced demographic suicide.

    The naysayers had a field day back in 2015 with their predictions of political failure for Merkel and social chaos for Germany. Today, Germany continues to be the strongest European economy. It has struggled during the COVID-19 pandemic but is now rapidly scaling up its vaccinations. And the anti-immigrant backlash, represented by the far-right Alternative for Germany, has ebbed, with the popularity of the party falling to 11% in recent polls. Meanwhile, with its liberal platform on immigration, the Green Party has surged to 25% and may well win the elections in September.

    It’s useful to bear the German experience in mind as the United States once again tackles its own “immigration crisis.”

    Immigrants Are a Gift

    The United States has been the exception to the demographic rule for industrialized countries. The US fertility rate, at 1.73, is also well below replacement. But because of a constant stream of immigrants, America has managed to grow at a healthy clip.

    Embed from Getty Images

    That began to change in the 2010s. According to the latest census numbers, the US grew at the second-slowest rate over the last decade since the founding of the country. The culprits were a declining fertility rate — the birthrate has declined 19% since peaking in 2007 — and a reduction in the number of immigrants. The impact of the pandemic — in terms of mortality, long-term disability and anxiety over economic insecurity — will only make matters worse.

    America has always depended on immigrants and undocumented workers. That dependency has only grown more acute over the years. Let’s take a look at four critical sectors.

    Between half and three-quarters of the farmworkers who ensure a supply of food to the American population are undocumented workers, and many of the rest are recent immigrants. The pandemic hit farmworkers and food manufacturing workers hard, and even the Trump administration had to acknowledge them as essential workers in reducing their risk of deportation (though not providing them additional protection against infection).

    Even before the pandemic hit, the food sector faced a shortage of workers. “In a 2017 survey of farmers by the California Farm Bureau, 55 percent reported labor shortages, and the figure was nearly 70 percent for those who depend on seasonal workers,” according to The New York Times. Meanwhile, Congress (read: Republicans in the Senate) has failed to provide a legal framework for what remains an essential workforce, pandemic or no pandemic, though the recent Farm Workforce Modernization Act has a shot of passing with bipartisan support to provide a million undocumented farmworkers with legal status.

    The health-care sector similarly depends on immigrants. Of the nearly 15 million people working in the health sector, about 18% are immigrants. COVID-19 is going to exact a heavy toll on this sector, though. According to a recent Washington Post poll, one in three health-care workers are thinking about exiting the profession: “Many talked about the betrayal and hypocrisy they feel from the public they have sacrificed so much to save—their clapping and hero-worship one day, then refusal to wear masks and take basic precautions the next, even if it would spare health workers the trauma of losing yet another patient.”

    Even without pandemic-related job changes, the United States has been looking at a major upcoming nursing shortage: over a million new registered nurses are needed by 2022. Nursing schools are just not keeping up with the demand created by retirement.

    Manufacturing, challenged by foreign competition and outsourcing, has infamously declined in the United States. Despite the spread of automation, this sector too needs more workers. There are currently 500,000 job openings, and one recent report estimates 2.1 million unfilled manufacturing jobs by 2030.

    Then there’s domestic work, one of the fastest-growing sectors of the US economy. Home health aides, child-care providers, housecleaners: the vast majority are women and more than one-third are foreign-born. “By 2026, care jobs will constitute one of the fastest growing professions in the country, and we will need more caregivers and nannies than we have ever needed before,” writes the National Domestic Workers Alliance. “Home-based elder care is already the single fastest growing occupation in our entire economy due to the rapidly growing aging population.”

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    Home health aides directly take care of aging Americans. But the United States needs younger workers across all professions to keep alive federal programs like Social Security that support aging Americans. The cohort of people aged 55 to 64 grew by 70% between 2000 and 2016 while the working-age population expanded by only 15%. That’s bad news for people looking to retire in the future on their Social Security benefits.

    Fortunately, immigrants have come to the rescue. They are overwhelmingly working age and have a higher participation rate in the labor force than the native-born. Their contributions to Social Security help keep the system afloat. The undocumented have been even more generous, providing an estimated $12 billion to the Social Security system through payroll taxes in 2010 alone (without much hope of ever drawing from the system themselves).

    Even with these contributions, however, Social Security is still expected to face a major funding shortfall by 2035 under current projections. One answer: more immigrants. If this story were a fairy tale, the immigrant would be the goose that lays the golden egg. Immigrants didn’t just build America. They are essential to the health and prosperity of the country today. Immigrants are the gift that keeps on giving.

    Whenever a goose starts laying golden eggs, however, someone invariably starts talking about wringing the poor animal’s neck and impoverishing everyone involved.

    The Politics of Immigration

    The Republican Party remade itself into an anti-immigrant force before Donald Trump entered the political scene. Tea Party insurgents called for closing the border with Mexico. David Brat, an unknown economist, ousted House Majority Leader Eric Cantor in a 2014 Virginia race by hammering at the immigration issue. Trump, however, took immigration and ran with it, promising to build a new wall along the southern border, shut down travel from predominantly Muslim countries and make it nearly impossible for refugees and asylum-seekers to find haven in the United States.

    Because of Trump’s success in turning his extreme positions into federal policy, immigration largely disappeared as an electoral issue in 2020. The Republican Party focused instead on economic attacks (Joe Biden as a “socialist”) and cultural broadsides (the perennial racist and misogynist dog whistles).

    But with the Democrats back in the White House and in control of Congress, immigration will likely become again a major campaign issue in the midterm elections. The economy is on an upswing, the pandemic is waning and the Biden administration has been competent and relatively scandal-free. Without an actual platform of their own since they decided to turn their party into a personality cult, the Republicans will inevitably characterize the influx of people over the border as a “crisis” and the president’s “biggest failure.”

    The numbers at the border have indeed increased, with the influx for April near a 20-year high. Despite the Republican Party criticisms, these numbers are not the result of Biden administration policies. The number of people apprehended at the border, for instance, spiked in 2018, under Trump, at more than 850,000, which obviously had nothing to do with President Biden.

    The surge so far this year is largely seasonal, a result of pent-up demand from the COVID-19 border closures and a function of all the applicants stranded south of the border by Trump’s “Remain in Mexico” policy. The numbers already appear to be plateauing. And the number of unaccompanied minors being held in Border Patrol facilities dropped dramatically in the last week.

    Embed from Getty Images

    The Biden administration has reversed many of Trump’s policies, canceling funding for the border wall, reversing the “Muslim travel ban” and dismantling the “Remain in Mexico” program. Without any fanfare, the president also allowed the ban on guest-worker visas to expire at the end of March. Pictures of joyful family reunifications at the border are now replacing Trump-era images of children separated from the parents.

    The administration has also pledged to address the root causes of migration by funding initiatives in Central America that will reduce violence and corruption, stabilize economies and address humanitarian crises. That, of course, is easier said than done given the authoritarian leadership in El Salvador, Guatemala and Honduras. Tasked with tackling this issue, Vice-President Kamala Harris is well aware of the folly of funneling aid into corrupt governments, and she is reportedly lining up civil society representatives to meet on upcoming visits to the region. A long-term strategy of fostering political and economic transformation in the region, however, won’t win any points with Republicans or most voters in the United States in the short term.

    The recent kerfuffle around refugee policy illustrates the political stakes. As a candidate, Biden promised to bring US policies on refugees and asylum in line with international standards and raise the annual ceiling to more or less the level of the Obama years. Because of a failure to file the necessary paperwork, however, the number of refugees admitted into the United States in the first months of the Biden administration remained extremely low. Because refugees are often conflated in the public mind with immigrants — and the administration’s immigration policy was getting poor marks in the polls — the president tried to get away with suppressing the number of incoming refugees. Challenged by members of his own party, Biden again reversed himself, returning to the previous promise of a cap for the remainder of this year of 62,500 and an annual ceiling of 125,000 for 2022.

    The back-and-forth on refugee policy is an unusual deviation from an otherwise consistent set of policies coming from the administration. It’s a sign that immigration will continue to be subject to finger-in-the-wind calculations rather than rational debate. It’s a shame that it will require enormous political courage to embrace policies that are in the best interest of the United States, whether from the point of view of the labor force, the sustainability of the social welfare system or the livelihoods of the newest residents of the country.

    Republicans, with their steadfast commitment to political divisiveness and firearms, love to shoot themselves in the foot. There’s no reason for the rest of the country to follow suit. Maybe a delegation of Syrian-Germans can come to America on a speaking tour to explain how a “crisis” is really an opportunity.

    *[This article was originally published by FPIF.]

    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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    After Long Wavering, a Waiver

    During last year’s presidential election campaign, candidate Joe Biden promised “absolutely” and “positively” to support the waiver of US patents to permit the unencumbered manufacture of COVID-19 vaccines in the rest of the world. Once Biden was elected, the words “absolutely” and “positively” apparently lost some of their absoluteness and positivity, becoming synonyms of “possibly” and “hopefully.” The hesitation ended on Wednesday when the US committed to back the idea of a temporary patent waiver.

    The New York Times legitimately called Biden’s unexpected agreement with a principle promoted by more than 100 countries “a breakthrough,” after noting that until Wednesday the US had been “a major holdout at the World Trade Organization over a proposal to suspend intellectual property protections in an effort to ramp up vaccine production.” Biden’s representative to the WTO, Katherine Tai, nevertheless emphasized that this dramatic reversal should be thought of as exceptional: “This is a global health crisis, and the extraordinary circumstances of the Covid-19 pandemic call for extraordinary measures. The administration believes strongly in intellectual property protections, but in service of ending this pandemic, supports the waiver of those protections for Covid-19 vaccines.”

    For a Few Billion Dollars More

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    Digging a little deeper into the perspective for change, Michael Safi at The Guardian offered the Biden administration “two cheers” rather than the three The Times appears to believe it deserves. This follows from Tai’s realistic assessment of how things are likely to play out: “Those negotiations will take time given the consensus-based nature of the institution and the complexity of the issues involved.”

    Today’s Daily Devil’s Dictionary definition:

    Consensus-based:

    Designed to protect vested interests, even in the face of a majority and the logic of history and health itself

    Contextual Note

    Times reporters Thomas Kaplan and Sheryl Gay Stolberg remain faithful to the patented meliorist approach the paper applies to nearly all policies conducted by a Democratic president. They emphasize the constructive process now underway at the WTO in a piece that echoes The Beatles song, “Getting Better All the Time.” The Biden administration seems to be telling the world: I’m changing my scene and doing the best that I can.

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    In contrast, the coverage by The Washington Post (owned by Amazon’s founder, Jeff Bezos) spends most of its ink suggesting the proposed waiver probably is fundamentally a flawed idea, leaving the impression that not much if anything will come of it. According to its pessimistic take, “Tai cautioned that the discussions to proceed with negotiations over the waiver’s text would ‘take time.’ Current and former officials said that a final agreement could differ significantly from the proposed waiver, which India and South Africa first introduced in October, and that deliberations could fall apart entirely.”

    CNN more prudently highlights the fact that the US proposal “is preliminary and will not guarantee the global patent rules are lifted right away. But the Biden administration’s signal of support amounts to a major step that aid groups and Democrats had been pressing for.” It nevertheless appears to offer Biden his third cheer when it explains that the president “ultimately decided to support the waiver in line with his campaign pledge.” It quotes US Surgeon General Vivek Murthy’s claim that Biden “put people over patents.” 

    But CNN points clearly to the true obstacle: “Members of the WTO must unanimously decide whether to loosen the restrictions. And while the US had been a hold out, other countries — including the European Union and Switzerland — have also resisted the step.” In other words, Biden may have killed two birds with one stone. By letting Europeans do the dirty work, he could save his standing with Big Pharma — surely the main reason for his hesitation — while appearing to stay true to the progressive principle of putting people over patents. Interestingly, France’s President Emmanuel Macron may be playing the same game.

    Historical Note

    The Guardian reminds its readers that the proposal is limited to “waiving patents on Covid vaccines — but not on treatments or other technology used to fight the disease.” Whereas the US media presented the question as one of moral duty versus economic interest, both The Guardian and Al Jazeera point to the practical question implied by the waiver: “If approved, the waiver would theoretically allow drugmakers around the world to produce coronavirus jabs without the risk of being sued for breaking IP rules.” For the developing world, feeling free from an imminent attack by corporate lawyers is indeed a kind of liberation.

    In other words, the proposed waiver would leave the world a long way from the optimistic scenario originally evoked by health experts and scientists in early 2020 that Alexander Zaitchik described in his exposé of Bill Gates’ influence on the WTO: “Battle-scarred veterans of the medicines-access and open-science movements hoped the immensity of the pandemic would override a global drug system based on proprietary science and market monopolies.” The idea at the time was to mobilize everyone and maximize resources. This implied patent pooling.

    The health professionals facing the outbreak of COVID-19 understood both the scope of its threat and the dangers of an insufficiently coordinated organization to counter it. They also knew what the consequences of patent protection might turn out to be. The adoption of the agreement Trade-Related Aspects of Intellectual Property Rights (TRIPS) in 1995 and TRIPS-plus in 1999 marked a landmark moment in the trend economists and politicians have celebrated with the term “globalization.” The specific rules applying to pharmaceuticals have been in place since 2005. In 2015, the website Infojustice highlighted the fact that the TRIPS agreement had established a regime in which “patents grant the patent holder a monopoly on the market that allows the blocking of price-lowering generic competition and the raising of prices which restricts affordable access to medicines.”

    The history of the past two decades has demonstrated to the global south the risk existing patent laws represent for their health and welfare. In 2015, the United Nations Office of the High Commissioner for Human Rights drew “attention to the potential detrimental impact these treaties and agreements … may have on the enjoyment of human rights as enshrined in legally binding instruments, whether civil, cultural, economic, political or social. Our concerns relate to the rights to life, food, water and sanitation, health, housing, education, science and culture, improved labour standards, an independent judiciary, a clean environment and the right not to be subjected to forced resettlement.” 

    Embed from Getty Images

    COVID-19 changed everyone’s perception. So long as the world was not faced by a politically toxic pandemic, the developed world was free to use its superior wealth and force to impose its rules on the rest of humanity. Any serious campaign to understand the fundamental asymmetry that was continually and silently aggravating the gap between the rich and poor nations was easily stifled. Thomas Piketty could write erudite books about the gap and what was driving it. But most people in the West had bought into the belief system promoted by New York Times columnist and best-selling author Thomas Friedman, conveying the message that thanks to globalization and American technology, the world was now flat.

    In an ideal scenario, the Biden administration will now begin to put pressure on Europe and Switzerland to emulate America’s courage in backing the proposed waiver. It will also pressure US vaccine providers to share their technology and know-how with the rest of humanity by convincing them to show not just their leadership but also their commitment to human health above profit. With or without patent protection, there is no danger of their becoming unprofitable, not with the power they have and an ever-expanding marketplace for health. But what we are witnessing, as they resist even temporary waivers, is the rentier’s obsession with automatically induced maximum profit making the question of health benefits a secondary consideration.

    In the months to come, the world will be attentively observing the political and economic games now being played out. At some point, COVID-19 will begin to fade away. The world will then face the fear of the next contagion and perhaps begin seriously to struggle with a strategy to counter the effects of climate change. Awareness of the stakes is already much higher than in the past. It is time for the political class to begin assessing the risk that represents for their own future.

    *[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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    Israel Must Accept ICC Jurisdiction Over Palestine

    On February 5, the International Criminal Court (ICC) ruled that it has jurisdiction over the Palestinian territories occupied by Israel since 1967. Seven years after the 2014 Gaza conflict, in which war crimes were committed by both Israel and armed Palestinian groups according to the United Nations, ICC Prosecutor Fatou Bensouda confirmed a formal investigation into the situation in Palestine, which Human Rights Watch (HRW) has been calling for since 2016. On April 27, HRW released a 213-page report detailing Israel’s “crimes of apartheid and persecution.” An ICC investigation is a crucial step toward regional peace, which cannot be achieved without accountability and transitional justice.

    However, amidst the process of diplomatic normalization with Arab states, Israel is compromising the prospects of peace by refusing to take responsibility for the injustices committed against Palestinian civilians, including children. To achieve peace in the Middle East, and particularly with the Palestinians, Israel must recognize the ICC’s jurisdiction and be held accountable for any war crimes committed.

    The ICC Has Stepped on a Political Minefield in Palestine

    READ MORE

    Israeli Prime Minister Benjamin Netanyahu labeled the ICC ruling as “pure anti-Semitism” and claimed that the court is a “political” body rather than a judicial one. He said that the ICC should be investigating Syria and Iran instead. This is but one example of the pattern of deflection displayed by the Israeli state when confronted with the reality of the war crimes committed during its occupation of Palestinian territories.

    Netanyahu’s claims that the ICC decision is politicized or anti-Semitic are an unfounded effort at deflection and denial. First, though Syria and Iran have not been prosecuted by the ICC, these regimes are subject to a wide range of US and UN-sponsored sanctions, as well as political isolation, to which Israel is unlikely to be subjected. In a sense, these countries are already being “punished.” Second, holding Syria and Iran accountable for their own crimes and investigating possible Israeli war crimes are not mutually exclusive processes. Finally, the ICC ruling did not exclusively target Israel or its defense force, the IDF; Palestinian Hamas was also named as a potential perpetrator of war crimes and will be investigated as such.

    This deflection strategy is not an unusual response to ICC investigations. It parallels the US attempt to thwart ICC investigations of American military misconduct in Afghanistan, which is similarly delaying the Afghan peace process.

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    Accountability matters, not only for Palestinians who have been denied their human rights during the conflict but also for the Israeli-Palestinian peace process and for cooperation in the region more broadly. The climate of impunity enjoyed by Israel only fuels the frustration of Palestinians and, worse, makes the rhetoric of groups such as Hamas more compelling. Peacebuilding experts have also long argued that accountability is central to a successful peace process. For example, the indictments of Charles Taylor of Liberia and Radovan Karadzic of Bosnia strongly contributed to peaceful outcomes in both countries.

    Before Israel can be held accountable, it must first recognize ICC jurisdiction. However, given the Israeli government’s continued push for annexation and the US sanctions against the ICC, this scenario is unlikely. Nonetheless, any form of accountability would be a positive start and an important step toward peace. Accountability can take many forms, ranging from state recognition of injustice to judicial punishment of individual perpetrators.

    Any accountability process should also include Palestinians at the table. It is time for the Israeli leadership to spearhead the peace process — not through other Arab states, but through an honest accountability process with Palestinians. The best starting point would be for Israel to recognize ICC jurisdiction.

    *[Fair Observer is a media partner of 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

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    Who’s Afraid of Directed Energy Attacks?

    As if the Biden administration was lacking in pretexts to start a new war with Russia, Donald Trump’s former Acting Defense Secretary Christopher Miller has stepped up to lead a campaign more reminiscent of a tale from the “Twilight Zone” than the USA’s strategic rivalry with the Soviet Union in the Cold War. In the space of a week, CNN has published two lengthy articles on the topic. Politico picked it up with this provocative headline: “‘It’s an act of war’: Trump’s acting Pentagon chief urges Biden to tackle directed-energy attacks.” Miller’s new casus belli has a name: a “directed-energy attack,” sometimes referred to as “the Havana syndrome.”

    Reading through the variety of testimony from all sides concerning this act of war, the one thing that appears to be missing in the various accounts is an inkling of the substance known as “facts.” There appear to be crimes, though even that isn’t clear, and there are suspects, which is even less clear. Suspicion reigns while facts remain hidden. Politico invokes “suspected directed-energy attacks on U.S. government personnel worldwide.” CNN begins one article with this sentence: “A briefing on suspected energy attacks on US intelligence officers turned contentious last week.”

    For the moment, there are no energy attacks, merely “suspected” attacks. This is a news story hoping that facts will emerge to substantiate it. In such cases, it may be wise for the reader to begin by suspecting those who are telling the story. Who doesn’t remember the Bush administration’s suspicion that Saddam Hussein possessed weapons of mass destruction? The government, dutifully seconded by The New York Times and other respectable outlets, dared to present that suspicion as a fact. The Bush administration even put Colin Powell to stage at the United Nations General Assembly with a tawdry dog-and-pony show. Alas, the world soon learned there were no facts.

    For a Few Billion Dollars More

    READ MORE

    This time around, to its credit, The Times has ignored CNN’s scoop. That alone makes the story not only sound suspicious but suspect. The Times has, after all, been known to deliberately ignore real news items it doesn’t want the public to know or simply think about. Politico seems to believe that former Trump appointee Christopher Miller knows what he’s talking about. Their reporters, Lara Seligman and Andrew Desiderio, appear impressed by the fact that Miller only had to listen to one witness to penetrate the mystery: “As soon as the official described his symptoms, Miller knew right away that they had been caused by a directed-energy weapon.”

    Before his appointment in the waning months of the Trump administration, Miller had occupied the post of director of the National Counterterrorism Center and was a longtime stalwart of the Defense Department as well as a defense contractor. He’s no softy. He began his career as a Green Beret. As a soldier, government official and private contractor, he understands the interest of playing the bureaucracy for strategic advantage. That knowledge helps to explain his goal with the media, which Politico describes as the wish “to create a bureaucratic momentum to get the interagency to take this more seriously.”

    Today’s Daily Devil’s Dictionary definition:

    Bureaucratic momentum:

    The conserved force or energy of an otherwise inert body that, if it manages to move, its impetus will in most cases propel it in anything but the right direction

    Contextual Note

    It should be noted that in the lead-up to the notorious January 6 storming of the Capitol, Miller has been blamed for “placing some extremely unusual limits on National Guard forces for that event.” Why would CNN, after spending the last four years vehemently denouncing everything to do with Donald Trump, suddenly take such an interest in a Trump loyalist who shows obvious signs of being a self-interested member of the military-industrial complex? Could it be simply the fact that he “suspects” Russia? Or could it be CNN’s own loyalty to the military-industrial complex?

    The “Havana syndrome” has been making headlines since 2016, even though it was scientifically debunked once in early 2019. Whether that debunking truly accounts for the various reported cases remains an open question. There is enough ambiguity stemming from the various reports to incite a discerning reporter to remain attentive to developments. But developments generally require facts.

    Embed from Getty Images

    A closer look at the language they use reveals just how vapid and baseless CNN’s and Politico’s narrative appear to be. CNN begins its April 29 article by evoking “mysterious, invisible attacks that have led to debilitating symptoms.” Fear is clearly in the air, but not much else. Beyond the fact that suspicions abound, we learn from CNN’s May 4 article that “senators demanded more information about the mysterious incidents from the CIA and accountability for how the agency has handled them.” 

    In other words, nobody knows much, and whatever knowledge exists has probably been mishandled or manipulated. This might appear to be the perfect occasion for the journalists to dig deeper into the bureaucratic processes. It could helpfully reveal how dysfunctional the system is. Instead, they have chosen to skim the surface and paint the story as an intriguing mystery. 

    What Shakespeare’s Prospero once called “the baseless fabric of this vision” continues as we learn that “the Pentagon and other agencies probing the matter have reached no clear conclusions.” We are immediately invited to believe that an attack that “might have taken place so close to the White House is particularly alarming.” What “might have taken place” is far more interesting than facts, as borne out in the following sentence: “Rumors have long swirled around Washington about similar incidents within the United States.” What would CNN do without rumors? CNN then reminds us that we know nothing since “investigators have not determined whether the puzzling incidents at home are connected to those that have occurred abroad or who may be behind them.”

    The logic continues with the enlightening piece of information that “it was possible Russia was behind the attacks, but they did not have enough information to say for sure.” As Sherlock Holmes once said, “When you have eliminated all which is impossible, then whatever remains, however improbable, must be the truth.” Russia’s agency is not impossible, so it must be the truth.

    The article continues with more non-knowledge, such as this: “Intelligence and defense officials have been reluctant to speak publicly about the strange incidents.” In the May 4 article, this vital uncertainty is revealed: “The briefers — who were members of the CIA task force looking into the attacks — did not provide a clear timeline of when certain information had been discovered and why it was only being shared with the senators then.”

    At least Politico believes that certainty will inevitably emerge. It notes Miller’s concern for the fate of American personnel overseas: “If this plays out and somebody is attacking Americans [even] with a nonlethal weapon … we owe it to our folks that are out there. We owe it to them to get to the bottom of this.” As far as journalism goes, we have hit rock bottom.

    Historical Note

    This reporting tells us much more about the recent evolution of the news media in the US than it does about the events it purports to describe. Why in the space of a week did CNN’s Kylie Atwood and Jeremy Herb dedicate two extensive stories to a tale of paranoia that even The New York Times — certainly as committed to Russiagate as CNN — chose to ignore?

    Many commentators have held forth recently on the slow but apparently accelerating degradation of the news business in the US in recent decades. Matt Taibbi, who worked for over a decade as an investigative journalist has been among the most outspoken on the still-unfolding disaster at the core of US journalism. He points to the obvious root of the evil, stating that “the financial incentives encourage it.”

    CNN’s and Politico’s coverage of this pseudo-event demonstrates one of the corollaries of Taibbi’s axiom concerning financial incentive. Fear and mystery — whether focused on direct-energy weapons or UFOs — are far more compelling for readers and viewers than facts and lucid analysis. Such stories also encourage serial reporting, recycling the same content over and over again. At least there’s less and less mystery concerning that basic truth about how the media operates.

    *[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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    Where India Went Wrong

    In just over a month, India has gone from boasting about its vaccine diplomacy to becoming the global epicenter of the COVID-19 pandemic. As this author explained in a previous article, many have questioned whether India’s vaccine diplomacy was a bold masterstroke or an unwise distraction.

    Before the start of the second wave of COVID-19 infections in March, the pandemic seemed to be under control in India. In September 2020, the country recorded an average of 95,000 daily cases of COVID-19 during the peak of the first wave. By January 2021, that figure had dropped to under 20,000.

    At the same time, the United States went from around 35,000 confirmed cases per day in September to a peak of over 300,000 in January. At the start of the year, the United Kingdom was in the midst of a deadly second wave of infections, which reached over 60,000 cases a day. At that time, Britain was battling a more contagious strain of COVID-19 known as the “Kent variant,” which is named after the region where it was first discovered in England. Countries in Europe and around the world raced to halt flights to and from the UK in a bid to control the spread of the new strain, which they feared would soon go beyond the British isles.

    India’s Health-Care System Is in Shambles

    READ MORE

    To put these figures in perspective, the UK population is 66.6 million, the US is 328 million and India is around 1.36 billion. That means at the start of 2021, the infection ratio per 100,000 people in India was far lower than in the UK and the US.

    Lax Safety Measures

    As a result, Indians thought the country was beyond the worst of the pandemic. In March, Harsh Vardhan, the Indian health minister, said the country had entered the “endgame” of the health crisis. This led to a false sense of hope, which made the public and the central and state governments complacent. Restrictions that were brought in to curb the spread of the coronavirus were quickly eased. Life had almost returned to normal in January with the opening up of nightclubs, restaurants, hotels, tourist locations and public transport.

    At the same time, elections were announced in five states, including West Bengal, which the ruling Bharatiya Janata Party (BJP) had set its sights on winning. All political parties and their supporters held rallies with tens of thousands of people in attendance. The Hindu festival of Kumbh Mela attracted millions of people who took a dip in the Ganges, a river considered sacred in Hinduism. Nearly 60,000 spectators were also allowed to enter stadiums to watch cricket matches. All of these events took place with lax safety measures in place, with no social distancing or wearing of masks.

    Embed from Getty Images

    In hindsight, India did not anticipate a second wave of COVID-19. It lifted the lid on public restrictions at a time when countries such as the UK were battling a winter wave of infections. As mainland Europe realized, it was inevitable that the more contagious strain of COVID-19 discovered in the UK would spread. India failed to realize this despite repeated warnings.

    Now, India is battling its own second wave. The country has repeatedly broken the record for the daily number of confirmed cases of COVID-19. On May 2, India recorded more than 400,000 new daily infections. The actual number of cases is believed to be far higher due to a shortage of testing kits and people getting tested. Many Indians are not getting checked because they have no symptoms but are contagious or they are worried about testing positive for the virus. States like Bihar, West Bengal and Maharashtra have been accused of manipulating and underreporting the number of positive cases and deaths from COVID-19 to avoid criticism over inefficient governance. Worryingly, epidemiologists believe that India has not yet hit the peak of the second wave and that the worst is yet to come.

    No Improvement to Health Care

    It has been argued by many that the pandemic will not come to an end until it is under control everywhere. This is because “viruses naturally mutate over time.” There are currently thousands of mutations of the coronavirus around the world, but only a few of them are variants of concern for scientists. As more people contract the virus and spread it to others, it is inevitable that different strains will emerge. This is why despite the successful vaccination rollout in countries like Israel, the UK and the US, authorities have been cautious as they reopen economies and reduce restrictions for the public. The fear is that some variants, such as the one discovered in South Africa, will evade the existing vaccines and render them less effective.

    India has discovered a worrying COVID-19 variant of its own that is officially called B.1.617. This new strain — which is also known as the “double mutant” due to two mutations coming together in the same variant — accounts for 61% of infections in Maharashtra, a major epicenter for infections. It is unclear whether the Indian variant is driving the second wave, but it is believed to be more transmissible than previous strains of the virus. This is in addition to fear over the UK strain, which has spread to more than 50 countries.

    Complacency by the central and state governments has made the health care system crumble as Indians desperately seek medical assistance. When the pandemic first hit India in March 2020, authorities failed to strengthen the infrastructure at hospitals. As of 2018, the Indian government spent only 3.54% of GDP on health care. Other emerging economies such as Brazil and South Africa spent 9.51% and 8.25%, respectively. In India, there is only one doctor per 1,445 people, which is far lower than the figure the World Health Organization recommends. At public hospitals, there were only 0.7 beds available per 1,000 people.

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    In July 2020, state governments opted to build temporary centers for COVID-19 patients instead of buying additional beds for existing hospitals and allocating more resources. These centers were barely used. Due to their high maintenance costs, they were dismantled a couple of months before the second wave hit. Now, as hospitals face a short supply of beds and a high demand for them, some state governments are considering whether to rebuild the makeshift centers.

    In March 2020, Modi allocated 150 billion rupees ($2.03 billion) to strengthen the infrastructure of health care in India. The government purchased personal protective equipment (PPE) and an additional 60,000 ventilators. Yet as of last fall, just under 24,000 of the ventilators had been installed in hospitals across the country. Both public and private hospitals are currently short of beds, ventilators and oxygen in many major cities.

    As COVID-19 infections sweep the country, social media networks have been flooded with posts calling for help. Friends and families of those suffering from the virus have desperately sought to find available beds in hospitals, oxygen supplies or medication to combat COVID-19. Disturbing reports of people dying after being unable to access treatment have been heard all over the country. Ambulances and other vehicles with COVID-19 victims inside them have lined up outside hospitals that no longer have space available. Many hospitals have reported that patients they were treating died as the oxygen supply ran out. Outside crematoriums, the number of dead bodies is mounting.

    The Government’s “Vaccine Diplomacy”

    With the situation worsening, the BJP-led government has been criticized by Indian courts for focusing on state election campaigns instead of taking preemptive action to combat the second wave. Aside from easing restrictions too quickly and not reinforcing the health care system in time, many states face shortages of COVID-19 vaccines. In January, Prime Minister Narendra Modi claimed to have rolled out the “world’s largest vaccination drive,” aiming to get jabs in the arms of 300 million people by July. At the time of writing, only 2% of the Indian population — 29 million — has been fully vaccinated with two doses. This is compared to 23% in the UK and 30% in the US, both of which focused on vaccinating their most vulnerable citizens first to drive down new infections and deaths.

    India had other things in mind. It sought to distribute doses worldwide as part of its vaccine diplomacy. With the world’s largest manufacturer of vaccines, India has so far exported 66 million doses to 95 countries. Yet, earlier this year, the Modi government implemented an initiative to donate free batches in an attempt to boost the country’s soft power when the pandemic was seemingly under control. Many observers questioned whether the move was necessary instead of focusing on vaccinating Indians themselves. Toward the end of March, as infections increased and vaccines decreased, the Modi government realized that its decision to export millions of doses was premature. It decided to halt the export of doses and instead vaccinate Indians over the age of 45. Yet the damage had already been done due to poor planning by the BJP-led government.

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    Meanwhile, state administrations in Maharashtra, Delhi and Andhra Pradesh that are not ruled by the BJP have claimed they are running short of vaccines. Critics have accused Modi of playing politics with vaccine distribution as states with BJP governments, such as Gujarat, were given almost the same number of vaccine doses as Maharashtra, which has a population double that of Gujarat. The health minister has denied that regions were short of supplies and instead blamed state governments for the poor rollout of vaccines.

    In order to counter criticism over its inefficient planning, the central government announced on April 19 that all citizens above 18 would be able to get vaccinated from May 1; it had previously focused on health and frontline workers and those over 45. By opening the door for all adults, an additional 600 million citizens are now eligible. Yet with vaccines in short supply, some states have postponed the rollout. The website through which citizens can book a jab crashed minutes after it went live for the new age group.

    The government has approved additional funds for vaccine manufacturers to ramp up production. However, the increased production is unlikely to be available for a few months as vaccines go through a lengthy process of packaging and safety checks. To make up for this shortage, the government has fast-tracked the approval process for foreign-produced vaccines. These include Johnson and Johnson from Belgium and Sputnik V from Russia, which cost more than domestically-produced ones.

    Public Image

    In an attempt to maintain his public image, Modi addressed the nation on April 20. Indians needed assurances and demanded answers, but the prime minister offered none. He neither informed the public about plans to tackle the crisis, nor did he give any reasons about why the country is facing a horrific second wave. This is despite him previously boasting that India’s handling of the pandemic had been exemplary and should a model for the world. It seems the central government is content with placing the blame on state administrations and the public instead of admitting that it made mistakes.

    Earlier this week, the BJP failed to win in the state of West Bengal despite heavy election campaigning. It seems that Indians are beginning to realize that Modi’s preoccupation with his public image, and his need to win votes, is costing the country dearly. In fact, the obsession with elections on the part of Indian politicians has contributed to the second wave of COVID-19 infections. India can only hope that Modi and other politicians shift their focus from politics to health care before it is too late.

    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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    Russia Ramps Up Pressure Against Kremlin Critics

    Visibly weakened following a hunger strike in prison yet full of his usual verve, Alexei Navalny appeared before a court via videoconference on April 29 to appeal his fine for the defamation of a World War II veteran just as branches of his Anti-Corruption Foundation (FBK) were being shuttered across Russia. This is but the latest installment of the Kremlin’s campaign to increase pressure on Russia’s civil society and opposition.

    On August 20, 2020, Navalny was hospitalized in the Siberian city of Omsk after falling ill during a flight to Moscow following what appeared to be a poisoning attempt. After a standoff with the Russian authorities, Navalny was finally airlifted to a hospital in Berlin, where his poisoning was officially confirmed. The substance was identified as the nerve agent Novichok, a Soviet-era chemical weapon. The use of Novichok inspired calls for further investigations from international figures and (mostly Western) governments.

    A joint investigation by Bellingcat, CNN, Der Spiegel and the Insider “has discovered voluminous telecom and travel data that implicates” the FSB in Navalny’s poisoning. As the report states, “the August 2020 poisoning in the Siberian city of Tomsk appears to have happened after years of surveillance, which began in 2017 shortly after Navalny first announced his intention to run for president of Russia.” Moreover, Bellingcat released a recording in which Konstantin Kudryavtsev, an FSB officer, unintentionally confesses the details of the operation to Navalny himself, who phoned Kudryavtsev under the disguise of a high-ranking security official.

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    Once he recovered in Germany, Navalny flew back to Russia on January 17, but was detained immediately after landing. Following his arrest, he was charged with breaking the probationary terms of a previous prison sentence, which required Navalny to periodically report to Russian authorities. Navalny was sentenced to two years and eight months in jail, triggering a public outcry and mass protests across Russia.

    In prison and in failing health, on March 31, Navalny began a hunger strike demanding medical treatment by independent doctors. On April 23, he ended the hunger strike on its 24th day after consultation with non-prison medical staff. However, despite the bad publicity and an international outcry the case has engendered, the Kremlin remains unmoved by growing calls for the release of President Vladimir Putin’s potential political adversary.

    Fault Lines

    The poisoning of Alexei Navalny has once again highlighted the cracks in relations between Russia and the West. Last year, the National Security Council stated that it will “work with allies and the international community to hold those in Russia accountable, wherever the evidence leads, and restrict funds for their malign activities.” In response to Russia’s use of Novichok, the United States enacted additional economic sanctions, in addition to steps taken against Moscow for its interference in the 2016 presidential election. Officially announced by the State Department on March 2, these sanctions bring together Washington and the European Union in their condemnation of the attempted assassination and imprisonment of one of Russia’s key opposition figures.

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    As stated by US Secretary of State Antony J. Blinken, “The U.S. government has exercised its authorities to send a clear signal that Russia’s use of chemical weapons and abuse of human rights have severe consequences. Any use of chemical weapons is unacceptable and contravenes international norms.” The actions taken by Washington include an expansion of previous sanctions under the US Chemical and Biological Weapons Control and Warfare Elimination Act of 1991 as well as measures in accordance with Executive Order 13382, which target proliferators of weapons of mass destruction. In addition, the Countering America’s Adversaries Through Sanctions Act has been used against various Russian individuals and adversaries with connection to Russia’s chemical weapons program as well as defense and intelligence sectors.

    The United States is not the only country expressing its disapproval for the actions of the Russian government. Last year, after German officials said they had “unequivocal proof” of Navalny’s poisoning with Novichok, Chancellor Angela Merkel insisted that there are “serious questions that only the Russian government can and must answer.” Similarly, after laboratories in France and Sweden confirmed the use of the nerve agent, French President Emmanuel Macron released a statement urging President Putin to provide information on the “attempted murder.”

    In the United Kingdom, Prime Minister Boris Johnson also expressed his concern. The attempted poisoning of Navalny has parallels with the attack on the Russian double agent Sergei Skripal and his daughter in Salisbury, England, in 2018. Then, Novichok first came to international prominence but also failed to kill the intended victim. Johnson publicly condemned Navalny’s sentencing in February, joining Merkel, Macron, the European Parliament and the US in calling for his immediate release.

    The Kremlin Stands its Ground

    The Kremlin denies the allegations that it was behind the attack on Navalny. In his most recent annual address to the nation, President Putin reprimanded the West for its treatment of Russia and warned of possible consequences. The warnings centered around crossing a red line drawn by Moscow and came right after the US announced its newest round of sanctions. As Putin stated in the address, “Russia has its own interests, which we will defend in line with the international law. If somebody refuses to understand this obvious thing, is reluctant to conduct a dialogue and chooses a selfish and arrogant tone, Russia will always find a way to defend its position.”

    Additionally, the Russian president revived the accusation of a US-backed plot to assassinate Alexander Lukashenko, the besieged Belarusian leader who largely owes his tenuous position to Kremlin support in face of mass protests following a disputed election last year. However, no concrete evidence of either the plot itself or any involvement of Western governments has presented itself despite the claims made by Lukashenko himself. Although Navalny was not explicitly mentioned during Putin’s address, implications were made that the country’s opposition movement is part of the Western strategy to destabilize Russia — a familiar refrain in the Kremlin.

    The sanctions imposed by the United States are similar to past rounds put in place after the poisoning of the Skripals, demonstrating a continuity with previous disputes and attesting to the fact that the Kremlin’s behavior is largely unaltered by international outrage. Similarly unsuccessful have been the calls by leading academics, scholars and Nobel laureates both in and outside Russia urging the Kremlin to end its practices of persecuting political opponents.

    While ignoring international pressure, the Kremlin is ramping up domestic repression. One target is Navalny’s FBK, which prosecutors labeled as an extremist organization and ordered it to shut down. On April 30, Ivan Pavlov, a human rights lawyer representing Navalny’s foundation, was detained by the FSB. According to his organization, Komanda 29 (Team 29), Pavlov was charged with the “disclosure of materials of the preliminary investigation.”

    Independent media has also been increasingly targeted. Meduza, which has been publishing out of Latvia since its editor-in-chief left Russia in 2014, has recently been designated as a foreign agent. Radio Free Europe / Radio Liberty, an independent nonprofit corporation that receives funding from US Congress, has also been threatened. Roskomnadzor, Russia’s media regulator, has fined RFE/RL up to $1 million for hundreds of violations of the foreign agent law.

    Meanwhile, Washington has stated that discussions are still ongoing for a possible meeting between presidents Biden and Putin, which may be a good opportunity for the new occupant of the White House to turn up the pressure on Moscow. All in all, neither Alexei Navalny’s popularity nor Vladimir Putin’s increasing authoritarianism are likely to catalyze immediate systemic changes either in the power dynamics in Moscow or vis-à-vis the West.

    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 France’s 2022 Election Become a Political Volcano?

    In just 12 months, French voters will be invited to judge Emmanuel Macron’s five years in office as president of the Fifth Republic. Most pundits in the media lazily assume it will boil down to a second-round repeat of the 2017 contest: Macron versus the right-wing firebrand, Marine Le Pen. Macron has the theoretical advantage of being the incumbent, but Le Pen has the practical advantage of challenging this largely unconvincing office-bearer. The French are seriously disappointed with Macron’s politics, much as they were with the two previous one-term presidents, Nicolas Sarkozy and François Hollande.  

    Reporting on the still-glowing embers of the famous but now dormant gilets jeunes movement that rocked France two years ago, Le Monde’s Marie Pouzadoux cites political scientist and professor at the Institute of Political Studies in Paris, Pascal Perrineau, who has been following the yellow vest phenomenon since it started. He sees it as a deeply-rooted protest movement capable of re-emerging at any moment. After an initial loss of momentum during Macron’s so-called “great debate,” the outbreak of COVID-19 and restrictions on public assembly put the movement into a state of suspended animation. 

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    Surveying the current political climate at the approach of next year’s presidential election, Pouzadoux notes that “the executive has in fact drawn ‘no lesson’ from this protest movement or from the demands raised during the ‘great debate’ that followed it.” Perrineau offers this account of the state of play: “Today, the yawning gap between certain categories of the people and the elites continues to widen, while discontent and mistrust are maintained by the vertical management of power.”

    Perrineau sees a growing “climate of heterogeneous anger” that will open “an immense space” for Marine Le Pen in next year’s election. This is simply because, like Donald Trump in 2016, Le Pen represents the kind of anti-establishment gamble the voters, faced with an unpalatable choice, may now be ready to make. But, unlike the US, France’s tradition of protest and revolution opens another option. Perrineau senses the possible emergence of an inclusive protest movement that he calls “eruptive and emotional,” capable of effectuating what he calls “giletjaunisation” — the “’yellowvesting’ of French society.”

    Today’s Daily Devil’s Dictionary definition:

    Eruptive and emotive:

    The equivalent in the world of politics of the trendy term “disruptive innovation” in the economy, presaging a paradigm change that no one anticipated

    Contextual Note

    France’s political landscape has been in a state of utter disarray for at least the past decade. It was that disarray that allowed Macron to sneak through the cracks and humiliate the powerful political parties that had comfortably shared or alternated authority during the six decades of the Fifth Republic. But France was not alone. The US and the UK in particular have seen a similar disarray among the electorate. Yet despite the radical cultural and psychological upheaval, traditional parties have maintained their domination and managed to confirm, however uncomfortably, their authority.

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    Unlike Occupy Wall Street or the Tea Party in the US, the yellow vest movement never really disappeared into the folds of history. Another commentator cited in the article, political science professor Frédéric Gonthier, believes a remobilization of the movement is plausible, though no one is ready to forecast what form it might take.

    Most commentators agree that, while the gilets jaunes brand still has legs, it is unlikely that whatever revolt may emerge in 2022 will be a simple repetition of the 2018 scenario, unfolding under the same banner. Much depends on how the denouement of the COVID-19 crisis plays out. But that is exactly what the political elite fears today. On Monday, France ended its third phase of lockdown in a year and will continue its policy of curfew into June. What may happen when the population is once again free to assemble and protest without restriction no one can guess today. The election period itself will be rife with confusion as the different personalities in the still identifiable parties begin to vie for influence.

    Pouzadoux concludes her article with a quote attributed to Macron’s administration: “You must wait till the sea recedes to discover the disaster left on the beach.” Some may remember, thanks to recent experience, that the sea never recedes faster or further than at the approach of a tsunami.

    Historical Note

    Most people are aware that France’s Fifth Republic has outlived its life cycle and its historical logic. Someday soon, a Sixth Republic will emerge. 2022 is a year to watch. In purely electoral terms, it is bound to be messy. If the second-round presidential contest turns out to be a repeat of 2017, no matter who wins, there will be an increase in possibly uncontrollable eruptive emotion.

    Neither Macron nor Le Pen has a solid political base, an absolute necessity for any semblance of political stability given the institutions of the Fifth Republic. Macron has managed to hold on this long simply because the presidential system dictates that the electorate has no choice other than revolt. But he has failed to establish his authority in the eyes of the populace. The French are unlikely to support another five years of the clever outlier who sneaks past the confused peloton to win the race. It’s the rules of the race that will be challenged. Should Le Pen win, the confusion would be greater since she has no hope of gaining the parliamentary majority a president needs to even begin governing.  

    Everyone will remember 2020 as the year a pandemic upset the world order. Future historians may call 2021 a year of transitional hesitation for the entire clueless planet, as leaders attempt to redefine “the new normal” without the slightest idea of what a revised version of normality might look like. Will the two-year reign of terror by COVID-19 end before the start of 2022? France’s reign of terror in 1793 lasted only a year but spawned Napoleon and the eventual reconfiguration of Europe. It ushered in the Industrial Revolution led by a hyperaggressive British Empire that would triumph before being undone by internal European rivalries a century later.

    While US President Joe Biden attempts to reaffirm his personal vision of empire as he boldly asserts that the US is “in competition with China and other countries to win the 21st century,” the “other countries” of the world — starting with US’s ally in Asia, India — are wondering whether it makes sense to frame the challenge ahead as a competition between dominant powers seeking to control the global economy in their selfish interest. The Biden administration now appears poised to defend the sacrosanct intellectual property of pharmaceutical companies that has aggravated beyond description the COVID-19 crisis in India and the rest of the developing world.

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    The race to dominance among Europe’s rival nations two centuries ago triggered an as yet unfinished series of global disasters. These include the deployment of nuclear weapons against civilian populations in Japan and now dire, uncontrollable threats to human health and social stability as a consequence of climate change, all of which can be attributed to our civilization’s obsession with competition.

    One event worth watching in Europe this year, ahead of the French presidential election of 2022, is the state of play in Germany, where federal elections to elect the 20th Bundestag will take place in September. Recent polls show a potential lead for the Green party. If confirmed, this would overturn several decades of post-unification history. More significantly, as The Guardian’s Philip Oltermann reports in reference to the possibility of Annalena Baerbock’s party emerging as the leader of a new coalition, this eventual seismic event is attributable to the failure of imagination and vision of the traditional political elite.

    “The underlying theme of her campaign so far,” Oltermann writes, “is that Germany is more innovative than its political class — a claim that got a boost last week when the country’s constitutional court ruled that the government’s climate targets do not go far enough.”

    Addressing climate change requires a movement emerging from the people in a spirit of cooperation, not competition. Biden, Macron and Le Pen all represent the commitment to some form of aggressive nationalistic competition. Could eruptive emotion end up serving the cause of global harmony? The adepts of competition are not about to give up their battle.

    *[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