EDITORIAL : THE BUSINESS DAY, SOUTH AFRICA

         

 

Manuel may be the man for the job

INTERNATIONAL Monetary Fund (IMF) MD Dominique Strauss-Kahn must be presumed innocent of the allegation of sexual assault levelled at him in New York until he has been proven guilty.

But that is unlikely to be a quick or easy process, and he will not be practically capable of performing his duties with such serious charges hanging over his head. His term is as good as over as of the weekend, whether he is guilty as charged or completely innocent.

Mr Strauss-Kahn’s departure is unlikely to mark any serious shifts in the work of the IMF, which was due to appoint a replacement for him when his five-year term ends next year. It would be unwise for the IMF board to wait too long to appoint a replacement given its importance at this juncture of world history.

The organisation’s relevance was questionable before 2008, when its "Washington consensus" prescription of fiscal austerity combined with free market reforms had proven less than successful in many emerging economies. But since the global credit crisis, the IMF has played a crucial role in stabilising the international financial system and preventing vulnerable economies from succumbing to the liquidity shortage.

Mr Strauss-Kahn’s arrest coincides with renewed global market volatility prompted by doubts over the European Union’s ability to cope with the sovereign debt and banking crises of the so-called Pigs countries — Portugal, Ireland, Greece and Spain. Under his guidance, the IMF provided emergency assistance to the euro zone and remains an important cog in the sensitive machinery that has so far kept the union from falling apart.

Europe is likely to receive less attention from any successor to Mr Strauss-Kahn, as his focus on the region was criticised by the US, Canada and even some emerging economies among the IMF’s 187 member countries. The IMF so far has contributed a third of the huge bail-out packages pumped into troubled euro-zone economies, and their currency wobbled yesterday on the news of its MD’s arrest.

A sudden enforced change of personnel at the top could not have been worse timed, especially since deputy MD John Lipsky announced just days ago that he would be stepping down when his term of office ends in August. Mr Lipsky has now been appointed acting MD, but although his is an experienced hand to have on the tiller of international finance, it is unclear for how long he will be able to do the job. He is unlikely to push through any major new initiatives in that capacity.

The established informal arrangement in the IMF is that the MD is European and his or her deputy American, although pressure has been building for this archaic practice to change. Mr Strauss-Kahn lobbied hard and successfully to give emerging economies a bigger voice in the IMF. The talk in IMF circles has been that he would be succeeded by an Asian as a nod to the region’s rise as a world economic power, but no obvious candidate has emerged.

Former UK prime minister and finance minister Gordon Brown has been touted as a possible contender, but he is unlikely to even be in the running as he doesn’t have the backing of his own government. Enter Trevor Manuel . Speculation has swirled for years that he could be a potential IMF MD, and the timing would certainly be right. SA’s former finance minister has in effect been sidelined in his job as head of the National Planning Commission and his profile within the ruling party has been tarnished further by a bitter political row after he spoke out against what he saw as racism within the administration.

Mr Manuel has the right credentials for the job as he has chaired the IMF’s development committee and its governance reform committee. His departure would be another step up for SA’s global role following its inclusion in the Group of 20 and the Brics — the emerging market bloc that groups Brazil, Russia, India and China.

Reasons to be cheerful

AS THE local government election campaign winds down today, ahead of the voting tomorrow, we South Africans should count our blessings. In the north, Africa has been burning. In the west and the centre, elections are held with bated breath and, often, violence. The result of a disputed election in Cote d’Ivoire led to hundreds, if not thousands, of deaths.

But here our election has been largely good humoured and well fought. This is even more remarkable given the hint of the beginning of real change in the air — there’s a prospect of the Democratic Alliance (DA) getting more than 20% of the vote, and of the ruling and dominant African National Congress (ANC) slipping below 60%.

A hint, though, that’s all. But apart from the deliberately violent rhetoric of Julius Malema, the country is strong, and appears even to be enjoying itself.

This is obviously all good. South Africans have a much clearer understanding by now of the power of their vote and of the power of political competition to force parties to serve them better. Cape Town is well run because the ANC is on the ruling DA’s tail. Port Elizabeth, we bet, will be better run by the ANC (if it holds on there tomorrow) because the DA will be such a close second.

Equally, our politics appears to be maturing. The point has been made a number of times that delivery of services (albeit toilets) has at times crowded racial issues off the stage. That will grow as fewer voters have a personal memory of apartheid. The effect will be to force politicians and parties out of their comfort zones much more quickly than they would like. SA in 10 years’ time promises to be a much more thoughtful, considered place if only because rash promises, swirling language and constantly reaching for the past will mean less and less to more and more of us.

That is not to say leadership will not matter. It will be everything. Sooner rather than later the ANC will shed the collective way it makes decisions. It is too slow and too easily manipulated. People respond best to politics they can follow. Much of what happens in the big parties is too murky to decipher.

That said, we hope the country has a good day tomorrow. There are more than enough reasons to be cheerful as, together, we vote.

FINANCIAL TIMES: Not a victimless crime

RAJ Rajaratnam’s conviction for insider trading is an important victory against financial crime. It must be hoped that the trial marks a step towards a tougher prosecutorial regime.

RAJ Rajaratnam’s conviction for insider trading is an important victory against financial crime. It must be hoped that the trial marks a step towards a tougher prosecutorial regime.

Impunity is not the only danger. Just as perilous is a widespread impression that even if insider trading is illegal, there is nothing clearly wrong about it — that it is a victimless crime. The more market participants find Mr Rajaratnam’s behaviour in line with acceptable market practice — "everyone does it" — the less finance companies can be counted on to do their part in preventing it.

So it is necessary to state the wrong that insider trading does: it abuses access to information to take illegitimate advantage of other investors with no such access. Beyond cheating others out of gains, insider traders harm everyone by undermining trust in, and thus the efficiency of, financial markets.

Yet reactions to the verdict have been mixed: some think the effort demonstrated by prosecutors reassures wrongdoers that the chance of being caught is small. Not so: Rajaratnam’s case — especially the use of wiretaps — raises the cost of hiding insider trading from investigators as well as the expected cost of being caught.

More of this good work is needed. A wider use of wiretapping and, in the UK, longer sentences would both be welcome. London, March 16

AS THE local government election campaign winds down today, ahead of the voting tomorrow, we South Africans should count our blessings.

EDITORIAL : THE EL UNIVERSAL, COLOMBIA

         

Una semana de cultura juvenil

La mayor virtud del Festival Mucho Más Mayo, que empezó ayer en Cartagena, es que logra vincular a los jóvenes con las celebraciones del Bicentenario de la Independencia, no sólo como espectadores pasivos sino como protagonistas principales.

La muestra de manifestaciones artísticas y culturales que están surgiendo de todos los sectores de la ciudad, a través de las cuales la juventud imagina y construye el modelo urbano con el que sueña, es una oportunidad excelente para que los mayores comprueben que hay una fuerza creativa comprometida con su identidad y con la tarea de hacer una Cartagena amable, incluyente y diversa.

También es la evidencia concluyente de que sólo un pequeño porcentaje de nuestros jóvenes se ha descarriado en pandillas agresivas o en grupos ilegales de barrio, mientras se forma en las técnicas criminales más crueles.

La amplitud de las propuestas culturales que veremos esta semana demuestra que la gran mayoría de los adolescentes y jóvenes cartageneros se preocupa por cimentar su esencia vital y por contribuir a que la ciudad crezca y se desarrolle dándole oportunidades iguales a todos sus habitantes.

Por supuesto, no son propuestas que repiten los estilos y las viejas escuelas artísticas ya desgastadas por el uso y el abuso, sino maneras originales de entender el hecho cultural, valiéndose de los ritmos musicales que los jóvenes escuchan y de símbolos de inclusión que por primera vez se exhiben y se gritan sin vergüenza ni temor.

El Festival se desarrolla en cuatro ejes temáticos: el Bicentenario de la Independencia de Cartagena; la ciudad diversa y con variadas identidades; el papel de los jóvenes en la construcción de una ciudadanía integral; y el uso de los espacios públicos como sitios de encuentro para compartir experiencias culturales o simplemente instantes de vida.

Presentaciones musicales y de teatro, exposiciones artísticas dinámicas al aire libre, foros y discusiones abiertas, conferencias, lecturas y recitales de poesía, talleres creativos y expresiones simbólicas imaginadas y ejecutadas por los propios jóvenes hacen parte de un programa extenso que en su mayor parte se cumplirá en espacios al aire libre, plazas y parques, para consolidar una apropiación cultural urbana.

Vale la pena que todos los cartageneros asistan a estas actividades y que participen con entusiasmo y decisión en ellas, porque los jóvenes entenderán ese respaldo como una preocupación auténtica por sus pensamientos, su lenguaje y sus sueños, y ese sería el mejor espaldarazo a una vida edificante y creativa.

Es la primera vez que se muestran en Cartagena, en tanta cantidad y con tanta amplitud las iniciativas artísticas y culturales de los jóvenes locales, que claman por un espacio suficientemente grande para expresarse a cabalidad en su esencia y en sus identidades.

Y es satisfactorio que sea desde nuestra historia, nuestra herencia de 200 años, que se lance este grito sereno, pero nítido y fuerte, que exige reconocimiento, atención, apoyo e integración para recorrer el camino del progreso y la construcción de la ciudad soñada.

Exhortamos de manera vehemente a propios y visitantes a que acudan a los sitios donde se han programado actividades esta semana y ofrezcan su aplauso sincero y jubiloso como premio a estos jóvenes que quieren contribuir al desarrollo local, desarrollando al mismo tiempo sus iniciativas de creación.

EDITORIAL : THE NIGERIAN TRIBUNE, NIGERIA

RESTORING PEACE IN IVORY COAST

THE revivification of conflict among the forces loyal to President Alassane Outtara of Ivory Coast has again reinforced the fear of some political analysts that the capture of the erstwhile president of Ivory Coast, Laurent Gbagbo, may not after all, symbolise the termination of the four-month post-electoral crisis in that country.

FROM reports, forces loyal to President Outtara recently exchanged gunfire in the main city of Abidjan. The incident, according to sources, took place between the invisible commandos group led by Ibrahim Coulibaly which controls areas of Abidjan, and the troops brought from the North of the country.

THE Ouattara forces — a group of rebel army called the New Forces, had, for a decade, controlled the northern half of the country and were joined by Coulibaly, former rebel commander, to gain control of the northern parts of Abidjan, just a few weeks before Mr Gbagbo was captured.

WHILE Mr Coulibaly claimed to have been demeaned by the new government’s non-recognition of his prominent input towards the downfall of Mr Gbagbo, the government, in turn, accused his forces of being responsible for Abidjan’s widespread  crimes such as looting of businesses, extorting money from motorists and perpetration of other sundry offences.

ASIDE from the Abidjan imbroglio, there were reports of heavy exchange of gunfire in the south-western part of San Pedro in another internal feud among Ouattara forces. Added to the crises in Ivory Coast, is the report of a sudden re-emergence of pro-Gbagbo militia in the western district of Yopougon. Although the fighting has officially ended with the capture of Gbagbo, the pockets of  skirmishes among the militia and even the government army, no doubt, constitute a veritable hindrance not only to humanitarian needs of the people but also to the political and economic stability of the country.

THE United Nations (UN) relief officials confirmed that the ongoing infighting has exacerbated the already bad security status in some places in the country, creating immense difficulties in accessing essential health, education, and sanitation services, thus increasing the vulnerability of the populace to infectious diseases.

“A greater proportion of the population has been directly or indirectly affected by the crisis which started last year. These population should be assisted without further delay to enable them to live in acceptable conditions and regain their dignity.” The United Nations (UN) Humanitarian Coordinator in Ivory Coast, Ndolamb Ngokwey said.

OUATTARA obviously has an arduous task ahead of  him at this momentous period in the annals of Ivory Coast. The strategy for managing a post-election carnage of this proportion is surely a serious business. He needs to be transparently conciliatory, compromising and forgiving, considering the multifarious interests that are prominent on the country’s political scene. He should quickly engage in what the political scientists will call a closed diplomacy. Public grandstanding in Ivory Coast without commensurate result will only inflame the fragile and combustible political situation in the country.

THE African Union (AU) and Economic Community of West African States (ECOWAS) which have remained in a state of passivity since the beginning of this crisis, should now seize the chance of the unfortunate situation in Ivory Coast to redeem their image by being their true pbrothers’ keepers to the beleaguered nation. This is the traditional African virtue.

Of course the whole world already watched the perambulatory stance of these two bodies, on the grievous predicament of Ivory Coast, with a gaping shock.

AN urgent African summit should be convened to evaluate the enormity of infrastructural ruin in Ivory Coast towards contributing to its socio-economic restoration. A situation where African problems are always left in the hands of the Western world as demonstrated by the recent $160 million appeal fund by the Western world and United Nations (UN) agencies, do not show AU as a body that is populated by nations that can respond quickly to the agony of their neighbours.

THE military arm of ECOWAS should be reconstituted and be given a clear mandate to enforce peace in Ivory Coast. The current surge of militia forces in the country may lead to its balkanisation and definite descent into fiefdoms, thus sprouting out another Somalia in Africa.

IVORY Coast currently suffers from acute shortage of food. Over a million estimated displaced persons within the country need urgent supply of food and other agricultural materials to allow them plant staple crops now, in order to prevent a worse food scarcity in the long run. This is one area where the AU should quickly come out to assist the country. Despite the security situation that remains visibly precarious, the FAO has procured seeds, tools and fertilizer for an estimated 12,000 farming households in both Ivory

Coast and Liberia which is hosting over 150,000 refugees. AU must complement  Western organisations that have responded spontaneously to the crisis of an African nation. A friend in need is a friend indeed.

A genuine socio-economic stability can only be achieved in an atmosphere of concord, freedom and hope.

EDITORIAL : THE DAILY OUTLOOK, AFGANISTAN

             

 

Signing Strategic Cooperation

This year, the gradual military withdrawal will be started; while Taliban led militants have remained potentially dangerous to Afghan government. Many maintain Afghan security forces are still incapable to deal with armed anti-government opposition and overtake prevailing security crisis. They are still in due need of larger military training, skills to hold operation in guerilla types of war, increasing information about explosive materials, modern military technologies, and utilization of heavy weaponries, and other necessary skills, to cope with the situation unitarily.

However, Afghan security forces have become much better; there are worrisome concerns about their unilateral operations capability against insurgency. Such worries are further sparked by grim incidents like that of assault inside defense ministry last month that killed 2 people and injured many more.

Additionally, weeks ago Taliban militants announced their re-launch of their spring offensive assault, which was followed by assassination of Al-Qaeda leader, Osama bin Laden, who had financed them since their very existence in Afghanistan. In this juncture, Taliban warnings increased further and vowed to avenge from Afghan government and its foreign allies, particularly US. Ostensibly, their operational strength, however, decreased but will remain as a potential danger to peace and security.

Therefore, in such circumstances, Afghan people and government alike are in need of strong partnership to guarantee their protection and democratic achievements made during past ten years. In lack of such a strategic partner, there is likely that political chaos once again re-emerges and spoils institutions and values for which billions of dollars were spent and thousands of civil and militaries were sacrificed both by international community as well as by Afghan people, right after complete military withdrawal.

To ensure stability, the country needs a strong strategic supporter. Who can be better then US who has been deeply engaged and willing to stay in the country for its vested interests it has?
Current U.S. and Afghanistan, however their essentialities of their objective might be different, but they have visible shared interests, which are enough to be the cause of enactment of a long-term strategic cooperation. Frequently, the issue has been put ahead, and Afghan high-ranking officials, intellectuals, and civil society have largely supported the notion, though there is still ambiguity about the contents of such strategic pact.

But our neighbors have directly or indirectly have showed their irritation with signing of such strategic cooperation between Kabul and Washington. Some of the neighboring countries are deeply worried about legitimacy of long-term presence of US. Afghan officials have not given green signal to her neighbors avoiding such bilateral relation with Washington, and sufficed in ensuring such relation will not endanger their interests in the country. On Monday, May 16, the national security advisor to president, Dr. Spanta clearly stated that signing strategic agreement with US does not need any permission from neighboring countries, because Afghanistan was independent country.

Widening Gap is Vivid Demonstration of Distrust in Government

It is clear-cut that the continued support of the people is vital for any government. The government must not ignore to keep the people happy by implementing laws and providing services to them and any sort of discontent will lead to fall in the legitimacy of the government. The gap between the people and government is a sign of dissatisfaction of the people with the performance of the government. On Sunday, May 15, 2011, Meshrano Jirga members expressed concerns about the widening gap between the government and people due to non-implementation of laws in the country.

Senators concur with Abdul Hanan Haqyoon, saying the increasing gap between the government and people was the legacy of what he said "wrong and incompetent leadership of the country." The senator said, "People are unhappy with lawlessness that includes taking bribes, having contacts and others illegal activities in government departments." In fact, it is a vivid demonstration of distrust in the government has failed to bring any tangible changes to the lives of Afghan people. It is to be mentioned that not only government's failure to enforce the laws but also its inability to map out a clear vision for the future course of the country has led to this distance between the government and its people that continue to suffer from the consequences of these failures. They have begun to worry that their country is not moving in the right direction. The third area where the government has failed to respond to public expectations and demands is delivering services.

Afghanistan has been receiving international aid for the last ten years but the effectiveness of this aid is seriously question because there is no considerable change in the reconstruction and development fields. It is important that the government makes sure that it is heeding public opinion and their continued support. The yawning gap between the people and government should provide a food for thought and it is indicative of the fact that the government's policies continue to be ineffective and it is an evaluation of the government's flawed policies pursued over a decade, particularly in recent years. The government must respond to peoples' demands and should include their feedbacks in its policies before the gap becomes too wide to bridge and close, which will lead to the fall of the government itself.

Acting Ministers Completing Two Years!

The acting ministers have now completed almost two years remaining firm to their seats despite serious objections from various circles. Objections, because the President of Afghanistan can only appoint acting ministers when there is an emergency condition in the country or there is no parliament to approve the nominees as ministers or some other serious resembling obstacles. In such cases the tenure of an acting minister can be one month. Now that the acting ministers are very close to complete two years on their seats, it has become quite obvious that the government itself is not taking the issue as 'serious.' It seems like president Karzai administration is leaving behind an awful history of handling issues.

It is not the fault of the seven acting ministers to hold their positions for such a long period but President's and the previous parliament's. These acting ministers were among the nominees who were introduced by President on December 25, 2009 and June 26, 2010 but were rejected by the previous parliament. Amazing was this, that nominees belonging to majority were accepted and those belonging to minorities were rejected. This was followed by serious criticism from public as the judgment of the parliament was completely based on bias and prejudice. Since last year, President Karzai has tried to keep his attention diverted from this issue which is not in the benefit of country.

Last week the current parliament notified the President to introduce the remaining members of his cabinet. The parliament has sent several notification in the past too and this conceived the final, MPs maintain. It is yet to be seen that when the nominees will be send to parliament by President. Will faces be repeated? And, will parliament decide right this time? Not forget that, this is the same parliament that took more than a month to elect its speakers. Many believe decisions on major national issues would come out of this parliament after many troublesome discussions as its significant number of member is formed by people having biased kind of thinking.

EDITORIAL : THE KHALEEJ TIMES, UAE

 

 

A new ‘Nakba’?

The day of ‘Nakba’ or catastrophe as referred to by Palestinians to mark May 15 — the day of Israel’s declaration of statehood — has been marked by bloodshed as firing by Israeli troops killed at least 13 protesters.

Would these deaths be a turning point for the decades-old conflict that has seen Israel encroaching more and more on Palestinian territories? Moreover, its dogged refusal to meet peace efforts even half way has resulted in a bitter stalemate that can only be resolved if Tel Aviv implements a halt to its illegal settlements.  Further, in line with the earlier peace agreements, Israel’s withdrawal to the pre-1967 borders along with the recognition of an independent Palestinian state are the parameters of the Saudi King Abdullah bin Abdulaziz peace plan that gained wide international support. It was also a plan Israel agreed to when initiated. In return, Israel was to get due recognition by all Arab states along with a normalcy in relations.

While this may sound ideal on paper, it has failed to materialise because of Israel throwing in the spanner on every conceivable point.  Owing to intense Israeli lobbying, even Washington that initially threw its weight behind the settlements issue in favour of the Palestinians was forced to retreat positions.

Larger number of Palestinians may have died before at the hands of Israeli forces but the recent deaths come at a critical juncture. Wedged in between states that are currently undergoing political instability and growing unrest, the Palestinians may have at last caught on the idea of the Arab Spring.  This may well prove Israel’s nemesis if the Palestinian leadership is successful in mobilising peaceful protests for the implementation of a peaceful two-state solution. The question is if such a tactical move can be peacefully integrated in the efforts aiming at 
Palestinian statehood. 

Faced with a large number of Palestinians on the borders with Syria, Lebanon and Egypt, Israel’s overtly forceful and unwarranted response reflects sheer nervousness and panic. Israeli Prime Minister Benjamin Netanyahu was quick to blame Iran and Syrian leadership for the provocation in order to deflect attention from Syria and to exploit Palestinian nationalist feelings in the light of the unrest sweeping the region. Ironically, he vowed to defend the Israeli borders and sovereignty. Of course, these are the same borders that Israel has illegally extended and enforced in other 
states’ territories.

The question is will Israel be able to fend an onslaught from all sides if Palestinians will to bring on the struggle for a separate state on the lines of the pre-1967 borders themselves? With what justification will Tel Aviv or its allies support the use of force against peaceful protests. It is time Israel submits to the winds of change sweeping across the region for it still retains a chance to make peace before it’s too late.

Opting for talks in Libya

The crisis in Libya has not been addressed in totality. Talks between Libyan authorities and the United Nations representative on Sunday were, however, a good omen.

This not only underscored the importance of diplomacy, but also the indispensability of getting back to the table. Though nothing concrete came out of those talks, it could at least have come as another avenue for reaching the embattled leadership in Tripoli. The seriousness on the part of the world body to explore new options for deescalating the crisis in North Africa was evident from the personal phone call that UN Secretary-General Ban Ki-moon made to Libyan Prime Minister Baghdadi Al Mahmoudi. The very fact that the premier has solicited UN intervention to defuse the crisis is a positive development. Libya’s earnest request to the UN chief to prevail over the NATO forces who, according to him, seem to be more concerned with bombardment business than ensuring solution of the dispute at hand. This is a serious comment on the part of a senior Libyan leader and cannot be brushed aside, intrinsically.

It is, however, not clear what the rebel factions have told the UN envoy that met him in Benghazi. Rebel forces, which have set up a provisional government headquarters in the east, are reportedly lobbying for seeking the arrest warrants of Muammar Gaddafi from the International Criminal Court for his alleged crimes against humanity. If this is what the opposition figures had discussed with the UN point man, then it goes without saying that resolution of the dispute is 
far from over.

Such legal-diplomatic issues will further compound the situation, plunging the war-weary country in more bloodshed and violence. It has to be taken into account that Gaddafi is neither a spent force nor Libya a signatory of the Rome Statue that established the ICC. In such a scenario, it is incomprehensive to believe that extra-legal factors would be able to cow down the entrenched dictator. The focus of discourse should be on how to restore peace and tranquility in the country — and not on vendetta in the political realms. The over-stretched NATO mission has literally divided the country, turning it into a safe haven for warlords and greedy oil-barons. The ball is back in the UN court to shift the focus, altogether.

 

EDITORIAL : THE AZZAMAN, IRAQ

Missile attacks target U.S. and Iraqi government offices in Baghdad

There has been a surge in missile attacks on specific targets in Baghdad. On Sunday, nine Katyusha rockets were fired at various targets in the capital, and five of them hit the heavily fortified Green Zone.

Reports said at least one person was killed and 10 others injured in these attacks. There were no reports of casualties in the heavy security Green Zone where major U.S. and Iraqi government offices are situated.

Katyusha rockets were also reported to have fallen in Bab al-Sharqi and Jadiriya in the heart of Baghdad.

No one has claimed responsibility for the attacks which have surged amid reports that the government of Prime Minister Noori al-Maliki is trying to garner support for an extension of the presence of U.S. occupation troops in the country beyond their scheduled withdrawal by year’s end.

More rockets were reported to have fallen on U.S. military barracks in the southern Province of al-Qadissiya of which Diwaniya is the capital. Sirens in the barracks wailed but the troops gave no details of casualties or damage though columns of smoke were seen rising from the camp.

A U.S. military vehicle was destroyed by a an improvised explosive device in the southern city of Basra. The vehicle was part of a patrol convoy.

U.S. troops cordoned the area and refused to reveal whether there any casualties.

Meanwhile, violence targeting Iraqi civilians continued in the country. Gunmen in police uniform stormed a house in a Baghdad neighborhood, killing three of its inhabitants.

There were more bomb attacks on other areas of Baghdad over the weekend, some of them targeting police officers.

Initial reports say at least 10 police officers have been injured in the attacks.

EDITORIAL : THE DAILY NATIONAL POST, CANADA

Harper's Supreme opportunity

With the retirement of Supreme Court of Canada Justices Louise Charron and Ian Binnie announced on May 13, Canada's high court will boast two vacancies in the near future. And with three more justices on track to hit the court's mandatory retirement age of 75 over the next few years, Stephen Harper will have a total of five spots to fill over the lifetime of the current government. Add to that the two appointments that Mr. Harper already made in 2006 and 2008 (one of whom, Marshall Rothstein, will have to be replaced by 2015), and by the end of Mr. Harper's term, six of nine sitting judges likely will have been appointed under his watch. These judges will influence public policy for decades, rendering decisions not only on appellate cases that come up through lower courts, but also on direct government references, such as the 1998 secession reference made by the Liberal government under Jean Chrétien.

Whom will Mr. Harper put on Canada's top court? If his previous nominations provide a guide, judges who have at least a decade of service to give, who enjoy a good reputation among their colleagues and who don't subscribe to judicial activism -from either the right or the left end of the political spectrum.

Which is as it should be: The high court should not be a political instrument of the government of the day. As Justice Rothstein put it during the hearings into his appointment in 2006, judges should "apply the law, not depart from it and not invent it." When courts are "forced" into policy decisions by the Charter of Rights and Freedoms, as they inevitably will be, they must take "the least intrusive approach," and when asked to overturn democratically passed laws, "approach the matter with some restraint."

Much of our social landscape has been shaped by court decisions -such as the 1988 decision in R. vs. Morgentaler that struck down the country's existing abortion law, the series of decisions that led to the legalization of gay marriage in the middle part of the last decade, the de facto proscription of the death penalty and the decriminalization of marijuana for medical use. Until the Conservatives came to power, in fact, our federal government actually encouraged aggrieved groups in society to pursue judge-made law through the publicly subsidized Court Challenges Program. But with the Charter turning 30 next year, the pendulum has swung back in the other direction -in part because so many contentious social issues already have been litigated (though a few, such as prostitution and polygamy, remain to be settled). Indeed, conservatives might worry less about the Supreme Court and more about quasi-judicial bodies such as human rights tribunals, which employ laxer evidentiary requirements and mete out more activist judgments than do regular courts.

In terms of the process by which judges are appointed to the high court, our Constitution allows the prime minister to name them at his or her discretion. But to his credit, Mr. Harper is making efforts to open up the process. He has pledged to make his next appointments from a pool of candidates recommended by senior lawyers, the attorney-general for the appointee's province of origin and the general public. These will be culled by a selection panel made up of five Members of Parliament -including three Conservatives, one NDP and one Liberal MP -who will provide an unranked short list of six qualified candidates to the Prime Minister and the Minister of Justice for their consideration. The selected candidates will then appear at a public hearing to answer MPs' questions.

Unlike in the United States, however, where members of Congress are allowed to vote on nominees, MPs would still have no say over the candidates' appointments. No matter what is revealed at the hearings, they will not have the chance to pronounce themselves, or veto the prime minister's choices. While the process represents an improvement over the way the Liberals did business -which consisted of simply announcing the PM's pick as a fait accompli -it still lacks the rigour of the appointments process south of the border, where candidates for the top job must answer questions in public. Moreover, as we saw in the case of Mr. Harper's second appointee, Thomas Cromwell, it can be abandoned entirely for the sake of political expediency.

Mr. Harper has an unprecedented opportunity to shape a thoughtful, prudent and experienced court, one which respects both the rights of litigants and the limits of judicial power. We hope that the Prime Minister chooses his appointees wisely, and that he does so through a transparent process that allows both MPs and the Canadian public to understand the legal philosophy of the men and women who sit on our top court.

EDITORIAL : THE TEHRAN TIMES, IRAN

Persian Press Review

Tehran Times Political Desk

This column features excerpts from news articles, editorials, commentaries, and interviews of the leading Iranian newspapers and websites.

Monday’s headlines

IRAN: President says we will not permit the West to shape regional uprisings

JAVAN: Thanks to Leadership Iran will face no deadlock, Ahmadinejad says

JAME JAM: Police 110 will become independent

HAMSHAHRI: Zionist regime on siege of world’s anger

TAFAHOM: President appoints caretaker welfare, industries ministers

HEMAYAT: Price of subsidized milk will possibly increase

KHORASAN: People complain of 50 to 1000 percent rise in postal service prices

DONYA EGHTESAD: International Monetary Fund managing director arrested

SHARQ: Commerce minister finally announces prices of some goods have increased

Leading articles

MELLATEMA in a news analysis says President Ahmadinejad dismissed Oil Minister Masoud Mirkazemi along with two other ministers, whose portfolios are expected to be merged with other departments as part of a cabinet streamlining. Then on Sunday, he appointed caretakers for the industries and welfare ministries, but he did not name anyone for the Oil Ministry which is to be merged with the Energy Ministry. Of course, the writer says, changing ministers is not unusual but the ministry with no minister or caretaker is very unusual. At this juncture that the price of oil is around $100 per barrel and 80 percent of the country’s income is dependent on oil, and Iran has taken over the presidency of OPEC the management of the oil industry is highly important. Before his dismissal Masoud Mirkazemi was OPEC chief as well. Mohammad Ali Khatibi, Iran's representative to OPEC, says now we are waiting to see the ambiguities about the presidency of OPEC are cleared up and expect the president to appoint caretaker oil minister. The writer says according to the law the president can assume the leadership of the Oil ministry and OPEC, however, it is unprecedented that a president takes over the OPEC presidency.

In interviews with HEMAYAT, parliamentarians air views about the dismissal of oil, industries, and welfare ministers. MP Ali Aghazadeh, a member of Majlis National Security and Foreign Policy Committee, says the dismissal of the ministers was a hasty measure. Aghazadeh says the president should have thought more over the decision, although his decision was not illegal. MP Fazel Mousavi also says the dismissal of the ministers was not in the best interests of the country. Mousavi says “we should act more tactfully” especially as we are implementing the subsidy reform plan and Persian Gulf Arab countries have formed an alliance against Iran. MP Hussein Naqavi Husseini also says the dismissal of the ministries falls within the ambit of the president but the move was not proper. He added the decision will cause a “hard economic situation”, particularly now that Iran has taken over the presidency of OPEC.

EDITORIAL : THE TRIPOLI POST, LIBYA

Unity is Not Compromise: Towards a Real Palestinian Strategy

As the ‘Palestine Papers’ demonstrated, the major obstacle to real, lasting and just peace in Palestine is the Israeli leadership’s unwillingness to accept anything less than full domination over the Palestinians. Not only do Israeli leaders refuse to partake in any serious peace talks, they also refuse to agree on universally accepted notions, for example, the law. On November 13, 2007, then Israeli foreign Tzipi Livni told chief Palestinian negotiator Saeb Erekat that she despised the very notion of law. According to the Palestine Papers, published by Al Jazeera and the Guardian, Livni said: ‘I was the Minister of Justice. I am a lawyer…But I am against law - international law in particular. Law in general.’ Livni is often contrasted with current rightwing Israeli leader Benjamin Netanyahu, and has been described as a ‘dove’ when compared to him. This unfounded reputation caused many broken hearts when Netanyahu became prime minister of Israel in March 2009, as chances for real peace supposedly diminished. Such Israeli obduracy was a prime reason for Palestinians to unify their ranks. The signing of the Hamas-Fatah unity agreement in Cairo on April 27 was indeed a befitting response to Israel’s incessant attempts at dividing the Palestinians. Palestinian unity must not be co-opted into the peace charade, however. It should not become a condition Palestinians are required to fulfil in order to demonstrate their worthiness for Israeli-US-styled peace. Such rationale, now gleefully argued by many, would not explain why ordinary Palestinians celebrated throughout the occupied territories. What compelled the celebrations was a common understanding that political unity was necessary to confront that very Israeli intransigence, and that the use of democratic and truly representative political institutions could achieve such goals as liberation, sovereignty and the right of return for Palestinian refugees. Following the official signing of the unity deal, Daniel Levy wrote for the UK’s Guardian: ‘It makes sense to speculate that a course correction by Israel's leaders towards greater realism, pragmatism and compromise might emerge in response to a more challenging, strategic and – one would hope – non-violent Palestinian adversary.’ (April 28). Others have made similar points, arguing that Palestinian political unity will force Israel to compromise. Hamas and Fatah could together prevent Netanyahu’s government from expanding settlements, and also prevent further exploitation of disunity by challenging the idea that Israel has no peace partner with which an agreement can be reached and honored. This argument, as thoughtful or well-intended as it may be, actually seems to ignore recurring historical events. Israel’s colonial program underway in occupied East Jerusalem and the West Bank has never been affected by Palestinian discord or unity. The real problem lies in Israel’s entrenched belief that only absolute military domination over the Palestinians could guarantee Israel’s position in what Livni described as a ‘rough neighborhood’. However, Palestinian leaders, especially in the two main parties, Hamas and Fatah, already know this. Fatah has been through nearly twenty years of frivolous negotiations, and Hamas has, through all this time, watched Fatah concede, both politically and territorially, without gaining any significant peace dividends in return. Thus, it’s a foretold conclusion that giving Israel yet another break to change its ways, as proposed by Hamas’ politburo chief Khaled Mashaal, will bring nothing new to the table. To avoid being viewed as compromising, Mashaal made his remarks in the form of a threat. During a meeting with young leaders of the Egyptian revolution on May 10, Mashall stated that Hamas was ‘willing to give Israel a one-year extension on recognising a Palestinian state within the 1967 borders with Jerusalem as its capital.’ If Israel failed to do this, the movement would be forced to bring additional ‘cards to the pack of resistance’. Hamas’ leader made it clear, however, that the additional cards wouldn’t necessarily indicate a declaration a war on Israel. Giving Israel another year – enough time to confiscate more Palestinian land and to build thousands of new illegal housing units in its ever expanding settlements – is hardly the political strategy that Palestinians expect from the Hamas-Fatah unity. In fact, neither Hamas nor Fatah have a political mandate to make such sweeping political compromises - especially as Palestinians are very familiar with Israel’s lack of tendency to reciprocate. In fact, Israel is likely to escalate, both politically and militarily, to counter whatever strategy Hamas and Fatah have in mind. Palestinian leaders need to use caution before making such offerings, especially as the next phase in the Palestinian struggle for freedom and rights is likely to be a very challenging one. The Arab revolution is sounding the alarms in Tel Aviv that Israel’s ‘rough neighborhood’ is getting even rougher. Israel’s political contingency is at an all-time high, as united Palestinian parties will be pushing for international recognition of an independent state at the United Nations next September. More, the US is likely to curtail its omnipresent role as the propeller of the ‘peace process’, following the resignation of the Obama administration’s special envoy for Middle East peace. The announcement of former Sen. George Mitchell’s resignation after two years of fruitless talks, in conjunction with the mobilization of the pro-Israel lobby in Washington, suggest that the coming months will see much arm-twisting - if not outright coercion - of the Palestinian leadership. Fatah should not interpret unity as a mandate to carry on with its failed policy of the past. And Hamas should take care not to repeat the kind of textbook mistakes Palestinians have repeatedly committed, even if the reward might be greater legitimacy or inconsequential recognitions. Palestinians didn’t celebrate unity out of love for Hamas or Fatah. Rather they were eager to see a sound Palestinian strategy that could revitalize Palestinian energies everywhere towards one common goal: freedom. The freedom Palestinians want is based on Palestinian political constants, enshrined in international law. Any deviation from such understanding for limited political and factional gains will turn the prevailing sense of joy into grief, and celebrations into protests.

EDITORIAL : THE BANGKOK POST, THAILAND

New solutions against pirates

Hard on the heels of yet another US government putdown, the technology peddlers have slapped Thailand over its perceived piracy of intellectual copyright. The new report is by the Business Software Alliance (BSA). It covers the world, focusing country by country on what the BSA has concluded are the violators of copyright law. It turns out that in the jaundiced view of BSA, we are pretty well all criminals - our countries, our industries and ourselves. By using pirated software, the report claims, violators around the world are costing software companies $58.8 billion - with Thailand accounting for a goodly share of that.

The commercial claim of intellectual property (IP) losses followed closely on the heels of the annual report by the US Trade Representative on commercial piracy around the world. The US report covers all alleged IP violations worldwide, but puts the blame on national governments. Washington reckoned once again that Thailand was one of the world's "dirty dozen" of worst violators. Under the terms of so-called Section 301 laws in the US, such a horrendous rating could bring trade sanctions against Thailand and the other alleged IP pirates, although in fact no such action ever has been taken.

These reports make headlines because they are sensational. Unfortunately, they are unhelpful. They neither properly report the problems surrounding IP rights, nor offer realistic or helpful solutions. For example, the US government's report has constantly changed the criticism and shifted the goalposts. A few years ago, Thailand was strongly criticised for the amount of pirated software in government offices. The chief complaint against the country this year is that it has not passed a law forbidding the use of smartphones to record movies off the screens of Bangkok cineplexes.

It is clear what the US government is up to. Hollywood movie peddlers have found copies of such recordings on the internet and complained to Washington, which has dutifully made the industry's wishes a matter of national policy. In fact, though, a law against making tiny, almost unviewable copies of movies inside cinemas would have no perceptible result. It is impossible to imagine police scouring the movie theatres of Bangkok trying to find the villains involved in such a task.

Further demeaning of the US Trade Representative's report, if any were needed, lies in the BSA report released on its heels. According to the BSA, the single biggest software pirate in the world - more than 12 times bigger than Thailand's alleged $777 million - is the United States. Of course, the US Trade Representative does not count the US piracy problem as any problem at all, let alone the world's largest. In addition, the US rates Canada as one of the "dirty dozen" as well, proving that even having a clean record is no defence.

In the US view, the only way to address IP piracy, including copyright and trademark violations, is to enact more laws with more imprisonment. If a shop sells pirated software - so goes the argument - close down the mall. But filling more jail cells is hardly a solution.

Industry groups, instead of spending millions on biased reports, would do better to run campaigns to encourage consumers and companies to buy and use legitimate software, music, movie videos and more. The benefits of the software industry are apparent to all - even the BSA says so. Therefore, if might be more useful for the BSA to help struggling software authors and firms than fund police crackdowns on small-time software pirates.

EDITORIAL : THE INDEPENDENT, IRELAND

         

 

The fall and fall of an IMF high flier

ONCE Dominique Strauss-Kahn was arrested in New York and charged with attempted rape, other criminal sexual acts and unlawful imprisonment, two things became apparent.

He could not survive as managing director of the International Monetary Fund, and his chances of becoming President of France had evaporated. But there is a third point, of worldwide importance and of special concern in Ireland, in the common currency zone and in the EU as a whole.

Yesterday Mr Strauss-Kahn was due to meet Chancellor Angela Merkel of Germany and attend a meeting of the EU finance ministers. These facts alone give some indication of his role in the global financial system.

He took over as head of the IMF in 2007. Some years before, he had been minister of economics, finance and industry in France. In that powerful ministry he was reckoned a towering success. In the IMF, he showed himself an activist and a man of imagination and influence, praised by the Nobel Prize winner Joseph Stiglitz -- a critic of the organisation -- as "a sagacious leader".

He proclaimed that his mission was not only the traditional one, to achieve financial stability, but to promote growth and employment. But throughout his reign he had to struggle in the face of the world financial crisis. His successor -- whose identity and country of origin remain in doubt -- will have no easy task filling his shoes.

But at a human level, this affair is more than a sensation of historic proportions. It is a tragedy.

His own country has reacted with emotions ranging from outrage to embarrassment . The charges against him are among the most serious imaginable. And memories have been refreshed of other real or alleged incidents, one involving a consensual but nevertheless disgraceful relationship with a subordinate.

It is impossible to guess the truth of such allegations, or the allegation that has landed him in an American prison, and it would be improper to try. Indeed, it may be that there is no foundation for the accusation. Many in France, including political opponents, have denounced the whole affair -- with or without evidence -- as a "set-up".

Whatever the truth, France will have to re-elect President Nicolas Sarkozy or find a different successor. And the IMF will have to battle on.

Let us all enjoy these historic few days

HOW will we spend the next three days? It would be pleasing to think that we could crowd the streets to see Queen Elizabeth passing by, preferably in a Cinderella-style carriage, and hope for a regal wave.

Sadly, the image is far removed from reality. Those who prefer to live in the past -- a past which often exists only in their gloomy imaginations -- are a tiny minority, but the security forces have to take their threats seriously.

As an unfortunate result, the royal visit and the hopeful and generous relationship between Ireland and Britain which it celebrates will bring on to the streets few joyous citizens but 8,000 gardai, 2,000 soldiers and 150 armed British police.

And most of us will suffer bouts of nervousness, finding the thought that "something might go wrong" beyond bearing. We should approach this magnificent occasion in a different frame of mind.

Monarchs and other eminent persons often have to endure, and put the best face on, periods of boredom. In Ireland, of all places, Elizabeth II need not be bored. She has a lifetime's curiosity to satisfy. And this little old lady with an encyclopaedic knowledge of bloodstock is always content when surrounded by horses.

There is every reason to expect that she will enjoy herself. We her hosts should put aside our misgivings, try to ignore the threats and the sealed manhole covers, and enjoy ourselves too.

EDITORIAL : THE AUSTRALIAN, AUSTRALIA

Syria playing dangerous game

ONLY the naive believe the deadly clashes along Israel's borders on so-called Nakba Day (in the Palestinian lexicon Catastrophe Day, the day Israel was founded) are a signal that the spirit of defiance and confrontation that has challenged regimes across the Arab world is now inspiring Palestinians to greater militancy.

There is some of that, to be sure. Palestinians desperate to advance their cause could hardly remain untouched by the images of demonstrators boldly rising up to achieve change in Egypt, Tunisia and elsewhere. But the choreography of what happened on Sunday suggests a more complex dimension to the clashes that occurred as Israeli soldiers opened fire on thousands of Palestinians marching from Syria, Lebanon, Gaza and the West Bank.

Central to that choreography is Syria and the Baathist regime of President Bashar al-Assad, which is seriously under threat from demonstrators, together with its close ally Iran and Hezbollah, the catspaw they jointly created to control South Lebanon. For 37 years, the truce between Israel and Syria, where about 500,000 Palestinians live, has kept the border between the two countries remarkably quiet. The Syrian army has placed the border off limits to outsiders. Similarly, nothing in South Lebanon -- where there are another 500,000 Palestinian refugees -- moves without the permission of Hezbollah. That these two borders should suddenly be the scene of the co-ordinated demonstrations and violence witnessed on Sunday suggests Mr Assad, as he brutally seeks to survive, is now playing his long-anticipated Israeli card. He is cynically telling countries pressuring him to reform his odious regime that if they persist in trying to force change, he can cause serious problems for Israel.

The extent of his manipulation is shown by the fact there were no demonstrations across the border with Jordan, where two million Palestinians live. Jordanian authorities intervened to stop marches towards the border.

Mr Assad is playing a dangerous game. Israeli Prime Minister Benjamin Netanyahu understandably has made it clear he will do whatever it takes to protect the country's borders.

The Syrian dictator should be left in no doubt that his diversionary tactics will not work. There is no alternative for him but to negotiate with those seeking change in Syria. The sooner he realises that and stops his nefarious activities, the better. 

NBN could hit taxpayers twice

EVIDENCE at a federal parliamentary committee in Sydney yesterday highlighted a growing crisis enveloping the $36 billion NBN project.

The committee shed light on two failures in oversight by Communications Minister Stephen Conroy. The Australian previously has revealed that NBN Co chief Michael Quigley held a senior role at French communications giant Alcatel during a period it was found to have been involved in corrupt practices. Despite this being on the public record, the minister was not aware of it at the time of Mr Quigley's NBN appointment. Mr Quigley is not accused of acting improperly and we have reported his explanation that the corruption investigators did not see a need to interview him. However, our investigations exposed blatant factual errors in his claim that the corruption occurred in areas of Alcatel outside of his responsibility. Yesterday, Mr Quigley admitted he had in fact had oversight of the operations in at least one of the South American nations where the bribery occurred. He corrected the record and "unreservedly" apologised for his error.

The committee also took up the revelations from opposition spokesman Malcolm Turnbull, reported in our pages at the weekend. Despite planning to pay Telstra $9 billion compensation for decommissioning its copper wire phone network, NBN Co has not insisted on maintaining rights to that network. In other words, if a future government, Liberal or Labor, sees sense in switching from fibre-to-the-home to fibre-to-the-node technology in some areas, it will have to negotiate with Telstra to regain access to the copper wire network. In the likely event this occurs, taxpayers will pay Telstra to decommission the network and pay again to recommission it. Mr Quigley agreed that FTTN would be cheaper in some situations, with the potential to save billions of dollars. But NBN Co had not made any allowances for this possibility because the government demanded an FTTH model. Mr Quigley said he would not investigate the potential cost savings of a hybrid-model unless instructed by his shareholder, the government. Taxpayers are entitled to be angry that none of this was considered at the start of the nation's largest infrastructure project. The lack of a rigorous cost-benefit analysis is more troubling by the day. 

Gender equality ruling increases wages pressure

YESTERDAY'S Fair Work Australia decision is a significant and potentially worrisome landmark in Australia's equal pay history.

The Australian, of course, supports equal pay between men and women for work of equal value but until yesterday most Australians had every right to think that is what we already enjoyed in this country. This decision appears to give unions a significant victory in widening the equal pay agenda. It certainly will add to wage costs in the community services sector but could also lead to more widespread wage pressures.

Younger Australians might find it hard to comprehend how only a generation or two ago women were paid considerably less than men for doing exactly the same work and were forced to resign their public service jobs when they married. Landmark wage cases in the late 1960s and early 70s, together with the Sex Discrimination Act of 1984, consigned this form of discrimination to history.

But the import of yesterday's case arguing for pay equality between social and community services (SACS) workers and their counterparts in the public service is that it finds a whole sector of the workforce has missed out on pay equality because the majority of its workers are female. SACS workers typically work for government-funded community organisations providing such services as childcare, disability support, women's refuges and employment training. On average, they are paid significantly less than their public service counterparts. The Fair Work tribunal found: "We consider gender has been important in creating the gap between pay in the SACS industry and pay in comparable state and local government employment." Rather than looking at individual jobs and ensuring men and women receive equal pay for their work of equal value, this case examined a whole female-dominated sector and sought equality with comparable sectors where, presumably, gender was not an issue. There was no attempt to make comparisons with similar male-dominated sectors.

The decision rejected the unions' claim to immediately make up the pay gap but nonetheless found the gap must be narrowed. It has instructed unions and employers to negotiate options for addressing the differential and it will further consider progress in August. The cost impacts on governments and government-funded organisations could be quite serious, depending on the degree to which the pay gap is closed and over what time. The tribunal noted these cost pressures could jeopardise employment and compromise services but it was also critical of governments for failing to provide estimates of likely overall costs.

Unions, predictably, are welcoming the decision as a historic victory, but some employer groups are warning it could create major problems even if applied only in the community services sector. The broader implications, if this ruling sets a precedent across other gender-biased sectors such as retail or hospitality, could be more significant. This occurs at a difficult time for the economy when state and federal budgets need to be trimmed and there are already strong wage and inflationary pressures. Unions and employers should continue to be mindful of equality but they must also not lose sight of preserving jobs. 

EDITORIAL : THE NEW STRAITS TIMES, MALAYSIA

A place for baby

WHEN OrphanCare first mooted the idea of setting up a baby hatch at its centre early last year, the idea was greeted with howls of protest from various sectors of society, including the government. A baby hatch would encourage promiscuous behaviour, it was argued, because it made abandoning illegitimate babies easier. Now, nearly one year after its launch, OrphanCare intends to install more hatches nationwide, including at government hospitals.

Of the 30 babies that OrphanCare has welcomed in the past year, only one was actually deposited in the hatch. The rest were brought into the centre itself by either their mothers or both parents, who came in and spoke to the centre's staff. That these parents gave up their babies in face-to-face meetings during the centre's opening hours, and not with the surreptitious anonymity of dropping the baby in the hatch in the middle of the night, is significant. It suggests that what these parents wanted was a place in which they could ensure that the baby could be left in good hands, but which at the same time guaranteed that this could be done quietly, safely and confidentially. So, although there was a hatch available, its function was actually symbolic, to say: "We do not judge you."

In this, the baby hatch is indeed a success because it prevents these babies from being dumped in dustbins and toilets, and ending up dead. Significantly, above OrphanCare's hatch is the sign "Baby Hatch" in English, which has come to mean "Drop baby here". But its Malay translation is "Pelindung Bayi", which means "baby shelter" or "baby protector" -- a description that truly reflects the hatch's purpose.

These abandoned babies will, hopefully, be adopted by couples who want and can afford to look after them. But even so, a state in which unwanted babies are created then abandoned by their parents is never the ideal. More than ever now, there is a desperate need for sexual reproductive health education. Counselling and access to family planning methods must not be limited to wedded couples. Having sex, getting pregnant and having a baby and all the attendant responsibilities that come with that should be a conscious, mature and informed choice, not an accident born of ignorance. Regardless of society's moralistic stance on illegitimate conception, it must not shy away from the fact that as many as one out of every 10 babies born last year was illegitimate. It must instead aim to absolve these children from the sins of their parents once they are born.

EDITORIAL : THE DAILY TRIBUNE, THE PHILIPPINES

 

 

Mob rule builds up anew

 

The voluminous Sandiganbayan decision approving the plea bargain agreement between former military comptroller Maj. Gen. Carlos Garcia and the prosecutors said a lot about Noynoy and his allies’ lack of respect for legal procedures as they would rather appeal to the emotions of the public when it comes to delicate legal issues.

Solicitor General Jose Anselmo Cadiz was also on the Sandiganbayan’s back since the start of its deliberation on the Garcia case, seeking its intervention in the case which was handled from the start by the prosecutors in the Office of the Ombudsman.

The Sandiganbayan rejected the appeal of Cadiz to represent the government in the case.

Among the charges raised by the Sandiganbayan against Cadiz was his and the Office of the Solicitor General (OSG)’s efforts to preempt the decision on the Garcia agreement and his resorting to “fallacy” in claiming the graft court did not follow legal requirements or guidelines in the plea bargaining.

It said that Cadiz had made up his mind on the Sandiganbayan’s defects even before it has written the decision on the plea bargain deal.

“The actuation of the OSG can be likened to a baseball umpire who before the pitcher could throw the ball has, in a quivering voice, already shouted strike,” the Sandiganbayan complained.

It also indicated that the OSG also raised the issue that the plea bargain deal appears to be a compromise for the convenience of Garcia.

“This statement being not supported by a shred of explanation is one of the instances where the OSG resorted to an appeal to the emotions,” according to the Sandiganbayan.

The moment the ruling was made public, Noynoy and his wards were imputing foul motives behind the approval of the agreement.

The Sandiganbayan was also persistent in asserting that state prosecutors, using the case prepared by Noynoy ally, former Ombudsman Simeon Marcelo, was not able to prove the guilt of Garcia beyond reasonable doubt.

The Sandiganbayan also noted that the only evidence that the prosecution relied on to pursue the plunder case against Garcia was the handwritten sworn testimony of his wife Clarita Garcia as well as the testimony of state auditor Heidi Mendoza.

The anti-graft court noted that by this failure, the case was bound to be either dismissed by the court on its own initiative or dismissed through a demurrer to evidence filed by Garcia that would eventually result in his acquittal.

What was not proven conclusively was Garcia’s alleged amassing of P303 million despite the pieces of evidence presented by Garcia’s wife and Mendoza.

In sum, the Sandiganbayan said the weak case presented before it was a compelling factor for its approval of the Ombudsman’s agreement with Garcia to save the government from ending up with an empty bag over the defective plunder case against the former general.

It was a classic example of the value of a bird on a hand against two in the bush, which Marcelo’s weak case would have automatically let loose.

Noynoy recently ordered Cadiz to appeal the decision on the Garcia case and possibly elevate it to the Supreme Court, which may prove to be yet another instance of Noynoy and his allies going into another demonization campaign against the high court to get the justices to rule the way Noynoy wants it ruled, which is the SC overturning the Sandiganbayan decision.

In time, the conflict between the judiciary and Noynoy and his band of Yellows would come to a head with the likely and predictable face off happening between nearly the whole leadership of the judiciary, including the SC justices being pitted against Noynoy and his Yellow mob.

It would be a battle between emotion and rule of law.

Woe to the nation if Noynoy and his mob prevail.

EDITORIAL : THE NEW YORK TIMES, USA

A Conflict Without End

Osama bin Laden had been dead only a few days when House Republicans began their efforts to expand, rather than contract, the war on terror. Not content with the president’s wide-ranging powers to pursue the archcriminals of Sept. 11, 2001, Republicans want to authorize the military to pursue virtually anyone suspected of terrorism, anywhere on earth, from now to the end of time.

This wildly expansive authorization would, in essence, make the war on terror a permanent and limitless aspect of life on earth, along with its huge potential for abuse.

The Authorization for Use of Military Force, approved by Congress a week after Sept. 11, 2001, gives the president the power to go after anyone who committed or aided in the 9/11 attacks, or who harbored such people, to prevent acts of terrorism. It was this document that authorized the war in Afghanistan and the raid on Bin Laden’s compound.

A new bill, approved last week by the House Armed Services Committee and heading for the floor this month, would go much further. It would allow military attacks against not just Al Qaeda and the Taliban but also any “associated forces that are engaged in hostilities against the United States.” That deliberately vague phrase could include anyone who doesn’t like America, even if they are not connected in any way with the 2001 attacks. It could even apply to domestic threats.

It allows the president to detain “belligerents” until the “termination of hostilities,” presumably at a camp like the one in Guantánamo Bay, Cuba. Since it does not give a plausible scenario of how those hostilities could be considered over, it raises the possibility of endless detention for anyone who gets on the wrong side of a future administration.

The bill, part of the National Defense Authorization Act, was introduced by the committee chairman, Howard McKeon of California, who said it simply aligns old legal authorities with current threats. We’ve heard that before, about wiretapping and torture, and it was always untrue.

These powers are not needed, for current threats, or any other threat. President Obama has not asked for them (though, unfortunately, the administration has used a similar definition of the enemy in legal papers). Under the existing powers, or perhaps ignoring them, President George W. Bush abused his authority for many years with excessive detentions and illegal wiretapping. Those kinds of abuses could range even more widely with this open-ended authorization.

As more than 30 House Democrats protested to Mr. McKeon, a declaration of “global war against nameless individuals, organizations, and nations” could “grant the president near unfettered authority to initiate military action around the world without further Congressional approval.” If a future administration wanted to attack Iran unilaterally, it could do so without having to consult with Congress.

This measure is unnecessary. The Bush administration demonstrated how dangerous it could be. The Democrats were right to demand the House conduct hearings on the measure, which was approved with little scrutiny. If it passes, the Senate should amend it out of existence, and President Obama should make clear he will veto it. 

The Value of Comparison

Before you take a drug or undergo a medical procedure, wouldn’t you want to be sure it is the most effective and, if possible, the least costly available?

That is the idea behind so-called comparative effective research that is part of the health care reform law. Unfortunately, in the effort to win Republican support (support that never materialized), the bill’s sponsors agreed to bar Medicare from using comparative studies to determine which treatments to pay for. Critics charged it would mean more bureaucratic interference and a step toward socialized medicine.

The shortsightedness of that thinking was made clear last month when results were released of a government-sponsored study comparing two drug treatments for macular degeneration, which is the leading cause of vision loss and blindness in older Americans.

Both drugs are made by Genentech. Even so, there is a vast difference in their cost and, until now, uncertainty about their relative effectiveness.

Avastin was developed first to treat advanced cancer by blocking the formation of blood vessels that feed tumors. Genentech went on to develop Lucentis to block the blood vessel growth that is responsible for age-related macular degeneration.

Clinical trials sponsored by Genentech showed that Lucentis is highly effective in preserving and improving vision. The cost per monthly dose, however, was set by the company at $2,000. Enterprising eye doctors quickly realized they could get similar results by using Avastin in small doses. Avastin can cost thousands of dollars a month for the quantities used to treat cancer, but the doses suitable for injection into the eye cost about $50 a month.

Genentech did its best to head off the threat to its profitability by offering rebates to doctors who prescribed Lucentis in large quantities and by engaging in various tactics to thwart the use of low-dose Avastin. It had only limited success. In 2008, Medicare paid for 480,000 injections of Avastin to treat macular degeneration — at a cost of $20 million. And it paid for 337,000 injections of Lucentis, at a cost of $537 million.

Until now, however, there was no scientific proof about whether Avastin was as effective as Lucentis. The National Eye Institute sponsored a two-year clinical trial whose first-year results were published in late April. It suggests that the cheaper Avastin is just as effective as Lucentis at preventing vision loss. More people taking Avastin were hospitalized, an adverse effect that needs further exploration, but there were no significant differences in the rate of deaths, heart attacks and strokes.

If these findings and the drug’s safety are confirmed in the second year, Medicare could save hundreds of millions of dollars annually if doctors used Avastin. But, as the system now works, Medicare cannot push doctors to switch. That means that taxpayers will likely continue to pay a lot more for a treatment that is no more effective. That makes no sense for anybody, except the drug maker.

Another Misguided Idea From the Gun Lobby 

The Environmental Protection Agency declined to block the use of lead in hunting and fishing last year. It was the wrong call. To ensure that the agency doesn’t come to its senses, the National Rifle Association — assisted, as usual, by Congress — is pushing legislation that would bar the E.P.A. from restricting the sale of lead shot and bullets or lead sinkers.

The Senate bill’s name — the Hunting, Fishing, and Recreational Shooting Protection Act — is a sign of how backward the Senate gets it. What needs protecting is wildlife that ingests the lead, including migratory waterfowl and birds of prey, notably California condors. Humans need protection, too. According to the Centers for Disease Control and Prevention, people show higher levels of lead in their blood after eating game killed with lead shot or bullets.

There are perfectly acceptable, nontoxic substitutes. Fishermen and hunters have been voluntarily adopting bismuth shot, copper bullets, and nonlead sinkers. Several states have set up exchange programs to encourage hunters to turn in lead-based shells for nonlead shells. In the past few years, 25 states have proposed bills to eliminate lead shot. They have regularly gone down to defeat thanks to deceptive campaigns that portray the effort as anti-gun, anti-hunting or anti-fishing.

Banning lead poses no threat to hunters or fishermen. It is a way of making sure they kill only the prey they seek without inadvertently killing other creatures as well. Congress should ignore the N.R.A.’s importunings and reject this latest misguided legislation. And the E.P.A. should issue the ban.

The Gateses as ‘Living Sitters’

The new portrait of Bill and Melinda Gates commissioned by the National Portrait Gallery in Washington depicts the leaders of the giant foundation bearing their name, and its work, with a respectful familiarity. Sitting on the arm of a chair with his arms crossed, Bill Gates appears supremely self-assured. Sitting slightly in front, Melinda looks confident. Over her shoulder is a video monitor showing two African girls and displaying “ALL LIVES HAVE EQUAL VALUE.” That is the credo of their foundation that addresses huge problems in American education, global health and other areas.  

Until 2001, the gallery’s policy was to acquire a portrait of someone not a president only after the person had been dead for 10 years. Then-Director Marc Pachter decided portraits of prominent “living sitters” would interest the public. The gallery has since acquired many, but the new portrait of the Gateses, to be unveiled on Tuesday, is one of the first to be commissioned and completed.

The painting is the first the gallery has commissioned from Jon Friedman, who has won acclaim for his superb portraits hanging elsewhere of accomplished scientists like the Nobel laureates David Baltimore and Harold Varmus, of whom preliminary sketches hang at the gallery.

His work is so sharply realistic that it’s remarkable how little time he is usually allowed to spend with his subjects. In the past, artists counted on months of posing. Almost no one is that available today.

With the Gateses, he was granted just an hour. They chatted about dilemmas of education reform and the malarial parasite. While they spoke, Mr. Friedman took digital photos. Using tools of the Microsoft era (a computer, visual-processing software), he later cut and pasted photos of his subjects in different poses, creating a digital collage. After filling in the background with the two girls, he made a final digital composition to use as his model. Then he began to paint, capturing the Gateses as if he had worked with them for months. The result is quietly inspiring and surprisingly affecting.