Showing posts with label Privatization. Show all posts
Showing posts with label Privatization. Show all posts

Friday, November 2, 2007

Editor's Introduction - November 2007

“Disaster Capitalism: The New Economy of Catastrophe” by Naomi Klein. Harper's. October 2007.

An Annotation:

In this month’s Roundtable, our contributors discuss the suggestion that, once again, and in a new way, capitalism has run amok. Looking at the market response to political and natural disasters, Naomi Klein revisits a notion upon which both Karl Marx and Milton Friedman would agree: Capitalist markets create and deal with their own problems. However, the discrepancy that places these economic giants at odds is whether this mechanism constitutes the seeds of capitalism’s own destruction, or simply is a self-corrective and balancing feature of open markets. For Marx, capitalism is perpetually expanding, devouring everything in its path as it insatiably seeks new markets until reaching a crucial tipping point. For Friedman, capitalism, if it remains free to operate, will respond to systemic shocks in such a way that in the long run will re-establish equilibrium and allow for its continuity and growth. Klein uses her own contemporary lens of privatization under neoliberalism to address this question as she looks primarily at the response to Hurricane Katrina and the U.S. occupation of Iraq.

“The end result is the same kind of unapologetic partition between the included and the excluded, the protected and the damned…”


With startling, apocalyptic prose, Klein paints a stark picture of a broken government unable and unwilling to fulfill its basest responsibilities—be they security, health care or education. If the private sector performs duties traditionally reserved for the State, what is the cost? Klein, through her critique, intends to highlight the sidestepping of foundational principles of liberalism and human rights, such as transparency, accountability, and reciprocity. Underlying even these is the notion that all are equal before these principles; none are above the rule of law and none are below the safety net the State provides. Placing these obligations in the hands of corporations compromises the universal nature of the State and threatens to create a situation where these necessities are available only to the highest bidder.

“The companies at the heart of the disaster-capitalism complex increasingly regard both the state and nonprofits as competitors; from the corporate perspective, whenever governments or charities fulfill their traditional roles, they are denying contractors work that could be performed at a profit.”


The process Klein describes is one that begins with public money spent to hire private contractors, which results in transferring “common welfare” provision into the realm of commodification—the very tasks for which government is convened get outsourced and transformed into a product one must purchase. Not only does access to these services become more limited, but the nature and value inherent in them is irremediably altered. Whereas the human rights previously assigned to the State for universal protection are now subject to the dictates of the fluctuating market.

“All indications are that if we simply stay the current course, they [disasters] will keep coming with ever more ferocious intensity. Disaster generation can therefore be left to the market’s invisible hand.”

Is this phenomenon an outgrowth of capitalism itself or a directed political strategy? Put another way, does “Disaster Capitalism” exist by default or by design? Do we correctly point to the “Washington consensus” and the expansion of neoliberal economic ideology or would it be more accurate to identify a State that is compelled to go to outside providers to perform its most fundamental tasks because it is overburdened, overstretched and/or simply incapable? Naomi Klein’s article implies that the Disaster-Capitalism Complex is at the same time a natural progression with its roots in the Military-Industrial Complex, as well as a deliberate attempt to weaken government and maximize revenue for private interests.

Finally we must ask: What is at stake? Do these trends produce positive results for ordinary people? To return to our authoritative economists, while Milton Friedman would respond that this is indeed a positive direction in which to be moving as the market is better suited to meet the demands of “common welfare” than the state, Marx would describe this as yet another instantiation of economic power consolidation bent on securing massive profits at the expense of human freedom and well-being.

These issues and many more are addressed in this month’s installment of Human Rights & Human Welfare’s Roundtable.

~ The Editors

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Thursday, November 1, 2007

American Capitalism - Disasterous Consequences?

by Richard A. Falk

"Missing is the possibility of countervailing politics here and elsewhere, from above and below...Looking at world capitalism as a whole, the American economy is being displaced by more constructive forms of profit-making elsewhere in the world that are not linked to 'disaster capitalism.'"

Naomi Klein’s depiction of late-capitalism as feeding off a disaster-prone planet and state-system is provocative and illuminating, even if it seems to be itself a form of “shock and awe” journalism. The great cultural critic of the 1960s, Norman O. Brown, memorably said of psychoanalysis, “[o]nly the exaggerations are valuable,” and so it might be with this critique of the dark sides of recent tendencies in world economic activity. It is notable that the book version of Klein’s article bears the title The Shock Doctrine: The Rise of Disaster Capitalism, which itself can be read as a sly admission that her account is intended to portray one controversial facet of a much more complex economic reality. Also, it should be understood that most of the attention is paid to the American experience—which has certainly featured a preoccupation with disaster at home and abroad—looking at the combined impacts of 9/11 and Hurricane Katrina. Whether her assessment would be as relevant if the same questions were considered from a Chinese, Indian, Turkish, or French perspective seems quite doubtful.

Klein’s argument is that the private sector has recently flourished in those contexts where either natural disasters occurred or geopolitical obstacles have been experienced. Her stress is upon the word “recently” in order to sustain the position that we have entered a new phase in the evolution of world capitalism. It is certainly true that extreme weather has produced a series of events around the world during the last several years in a form that has required massive aid and reconstruction efforts, and that mega-corporate construction firms such as Halliburton and Bechtel have been better positioned than governments or foreign companies to organize responses. She also correctly notes that the challenge of responding to natural disasters bears resemblance to the challenges associated with occupation and reconstruction in Iraq.

It is almost certain that natural disasters will continue to offer opportunities to private firms for profitable undertakings in the years ahead, but hopefully the outlook is less clear in the area of geopolitical failure. The possibility exists that American political leaders will learn the hazard of seeking to intervene forcibly in foreign countries, and find less costly, more acceptable, and more effective means of pursuing its foreign policy goals. This is by no means assured. The Vietnam War did inhibit interventionist geopolitics for some years, but the so-called “Vietnam syndrome” was gradually overcome by some ambiguous military successes in the First Gulf War (1991) and the Kosovo War (1999), and by the ascendancy of neoconservative grand strategy during the Bush presidency. Klein does not really take into account whether there will be a new “Iraq syndrome” that will discourage recourse to counterinsurgency ventures in the years ahead, and how that might alter the overall profile of unfolding world capitalism.

Surely, Klein is correct to note that post-9/11 homeland security has been an area of robust and profitable economic expansion, and that there exists a correlation between profitability and insecurity within American society. In this respect there is a deeply troubling connection between a politics of fear pursued by the U.S. Government to obtain a mandate for limiting the freedoms of Americans and the private sector benefits that result from the surveillance and monitoring of the citizenry. Klein’s article is valuable in making us appreciate the linkages between the “war on terror” and private sector interests.

Klein also casts her discerning eye on the privatization of the security functions of the state, including even the conduct of wars. The notorious role of Blackwater in Iraq was definitely highlighted by Klein well before it became a matter of public concern in the United States and elsewhere. Her larger point is also well-taken, to the effect that the dominant state in the world, despite its huge military budget, is increasingly dependent on private contractors and mercenary soldiers to fill the gaping holes of its military occupation in Iraq.

Although Klein does not accuse the corporate beneficiaries of conspiring to produce disasters, she notes that they use their leverage with the government and the media to discourage steps that might move toward ecological and geopolitical stability. Again, this is a disturbing trend that when coupled with neoconservative political leadership seems to be leading the country down a catastrophe-laden path.

It is a bleak picture, but perhaps not as decisively so, as Klein would have us believe. Her outlook is expressed at the end of the article where she observes that the only possible counterweight to the disaster scenario is the “unlikely scenario that this latest boom could somehow be interrupted by an outbreak of climatic stability and geopolitical peace.” What is missing is an assessment of tensions within capitalism itself, as not all parts of the economy are dependent on disaster, especially if the future magnifies the disasters experienced in the last decade. Also missing is the possibility of countervailing politics here and elsewhere, from above and below, that is, by shifts in governmental policies and by populist pressures. Looking at world capitalism as a whole, the American economy is being displaced by more constructive forms of profit-making elsewhere in the world that are not linked to “disaster capitalism.” The dollar is declining, U.S. manufacturing is losing out to foreign competitors, trade and fiscal deficits are growing, the military budget is excessive and exacts damaging opportunity costs vis-à-vis restoring the American infrastructure, and investment flows are moving elsewhere.
In concluding, I believe that Klein has over-generalized her argument, insufficiently distinguishing the afflictions of American economic development from the overall condition of world capitalism. There are acute difficulties with world capitalism associated with terms of trade, widening disparities, insufficient social and environmental regulation, but these criticisms do not lend support to Klein’s contentions about “disaster capitalism.” Her framework would be more convincing if it explicitly limited the burden of her indictment to the American role in the world economy, and did not conflate the two. It is a common liberal fallacy to suppose that whatever happens to the United States happens to the world, which seems to me dangerously misleading in this setting because it fails to clarify the relationship between American economic and geopolitical decline (of which “disaster capitalism” is a symptom) and the global economy that is certainly affected by disaster, but not nearly to the same extent. For instance, European governments are more prepared to make sharp cuts in greenhouse gas emissions than is the United States. In this central respect, Naomi Klein should be thanked for starting a conversation, but others must steer it in different directions, if we are to avoid wallowing in despair.

Richard Falk is Albert G. Milbank Professor Emeritus of International Law at Princeton University and Visiting Distinguished Professor in Global and International Studies at the University of California, Santa Barbara. His most recent book, The Great Terror War (2003), considers the American response to September 11, including its relationship to the patriotic duties of American Citizens. In 2001 he served on a three person Human Rights Inquiry Commission for the Palestine Territories that was appointed by the United Nations, and previously, on the Independent International Commission on Kosovo. He is the author or coauthor of numerous books, including Human Rights Horizons; On Humane Governance: Toward a New Global Politics; Explorations at the Edge of Time; Revolutionaries and Functionaries; The Promise of World Order; Human Rights and State Sovereignty; A Study of Future Worlds; and This Endangered Planet. Falk also acted as counsel to Ethiopia and Liberia in the Southwest Africa Case before the International Court of Justice.

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If It Were Only that Simple

by Katherine Gockel

“The fact is that a combination of public, private and civil society efforts are usually employed in most of these situations. To lay most of the blame on privatization and business misrepresents reality.”

Reading “Disaster Capitalism,” one would think that the current dire situation in Iraq and the lingering effects of Hurricane Katrina are all because of an emphasis on “small” government, privatization, and partnerships with the business sector. If only it were that simple.

That is the problem with this article and those written by people who argue the “other side”—that big government is wasteful, stifles competition and harms U.S. competitiveness. The fact is that a combination of public, private and civil society efforts are usually employed in most of these situations. To lay most of the blame on privatization and business misrepresents reality. Corruption is also found in government and civil society, especially in the developing world.

Americans need to stop accepting oversimplified arguments. Telling the whole story is impossible. Yet, we should expect those writing for the public to at least offer more than one perspective and even provide examples that might contradict their argument so that better solutions can be developed.

This response article to Ms. Klein’s piece also will not tell the “whole story.” The various situations used as “evidence” for her argument are too complex to cover in 800 words. Rather, it will provide a different perspective on what has happened in Iraq and in the New Orleans’ school system for readers who might want to think more about the validity of the “disaster capitalism” argument.

To begin, the public and private sectors are not mutually exclusive and they never have been. Business people have entered politics and politicians have entered the business world. That is not necessarily a bad thing. Let us not forget that the Bill and Melinda Gates Foundation is an organization where many humanitarian professionals would love to work.

Yes, there are businesses with questionable practices. Especially those like Halliburton, which has been censured for overcharging the U.S. Government in Iraq. There are also politicians (from both major U.S. political parties), government officials, and non-governmental organization representatives who have demonstrated questionable and even unethical practices. There are also efforts by members of business, government, and civil society to make the globe a more inhabitable place for all people. More people are coming to accept that it is a combination of efforts from each of these sectors that leads to better and more sustainable solutions.

Let us not forget that questionable public policies brought Iraq to its current state of affairs; and not just those policies of the U.S. Government. The Iraqi Government and the various sects in Iraq are also responsible for the ongoing strife and insecurity that make development and reconstruction so difficult. Iran and other countries also have a role in this, as do groups advocating terrorist activities.

The political situation caused by internal Iraqi sectarianism is now deemed by many experts as being more critical than the security situation. In a dinner conversation last spring, a high-ranking Iraqi shared that every time something was built in Iraq, someone or some group destroyed it. So it is not as if people—from the public, private, and civil sectors—are not trying to help Iraq recover and develop. Rather, power struggles and use of violence by many players are impediments to progress. That situation cannot be blamed solely on the use of private contractors.

Yes, Americans and their allies are afforded greater security in Iraq than most Iraqis. But the picture painted in Ms. Klein’s article would have one think that people inside the Green Zone are not being shelled or attacked, which is not the case. The security situation for Americans is so dangerous that U.S. State Department employees do not want to serve in Iraq. Secretary Rice even had to implement a policy to ensure that posts in Iraq will be filled before any others.

Switching to the New Orleans school system example, again it was poor homeland security responses by local, state, and federal officials that let this natural disaster become a humanitarian crisis. Who can forget the pictures of rows of public school buses that were never used to transport New Orleans’s residents out of the city? Also, the choice to expand the number of charter schools in New Orleans was done in response to what was a previously failing school system. Those of us who have lived in Louisiana know that its educational system has always been poor. That is why so many people in the state send their children to private schools. No one knows how New Orleans’s experiment with charter schools will turn out. But is it not worth trying a new approach?

Overall, turning to the private sector to assist with disaster relief is not inherently bad. Many times the private sector can respond faster and more cost-effectively. But it also requires strong government oversight, which did not happen with many contractors in Iraq, and better administration of policies, which did not happen in New Orleans.

Let us also remember that the Bush administration was re-elected by American voters who knew that the Administration promoted tax cuts while financing two significant wars in Afghanistan and Iraq. Blaming the private sector and “disaster capitalism” for what is now taking place is just a way to pass the buck, literally and figuratively.

Katherine Gockel is a program officer in the Policy Analysis and Dialogue department. Gockel leads the foundation’s Middle East policy programming and also concentrates on the areas of counterterrorism and failing states. She holds an M.A. in global studies from the University of Denver where she focused on human security and economic development. She also holds an M.B.A. in marketing and a B.A. in communications. Gockel began her career in the business sector where she worked for and with organizations such as AT&T, Sun Microsystems, The National Nanotechnology Initiative, the Center for Teaching International Relations, and Ernst & Young Consulting.

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A Democratic Disaster

by Michael Goodhart

“The catalogue of outrages Klein supplies is enough to make even the local chamber of commerce president blush. Yet as I read her piece, I found myself angry not so much with the corporations as with my fellow citizens. How can we allow this to happen?”

Naomi Klein’s “Disaster Capitalism” paints a grim and compelling portrait of an emerging American dystopia: Large corporations making huge profits on non-bid contracts to handle the government’s response to natural and political disasters (like Katrina and Iraq). She envisions “a collective future of disaster apartheid, in which survival is determined primarily by one’s ability to pay.” The catalogue of outrages Klein supplies is enough to make even the local chamber of commerce president blush. Yet as I read her piece, I found myself angry not so much with the corporations as with my fellow citizens. How can we allow this to happen?

Klein’s essay should be read alongside Robert Reich’s musings on “How Capitalism is Killing Democracy,” in the September/October issue of Foreign Policy. According to Reich, “Democracy has become enfeebled largely because companies, in intensifying competition for global consumers and investors, have invested ever greater sums in lobbying, public relations, and even bribes and kickbacks” in seeking to change the rules of the game to their advantage (41). This cash-fueled competition prices most citizens out of politics. In effect, corporations are buying a political system that makes the rules under which “disaster capitalism” flourishes.

Yet the problem is not—or is not fundamentally—corporate greed. Reich reminds us that markets are designed to make us richer: Corporations exist to make a profit. That is what all of us expect and demand that they do when we act like investors, worriedly tracking the rise and fall of our IRAs, or as consumers, shopping for the best bargain. Democracy is supposed to distill and act for the common good. To Reich, the problem is that we do not do a good job in putting our role as citizens ahead of our role as investors and consumers.

“The challenge for citizens is to stop these economic entities from being the authors of the rules by which they live” (40). In other words, citizens must use the power of the ballot to check corporate excesses. Interestingly, the word “democracy” never appears in Klein’s essay, and “democratic” appears only once, with a capital D, in identifying Representative Henry Waxman of California. That is the main flaw in her argument. As repulsive as disaster capitalism is, it is first and foremost a failure of democracy—a failure of the citizens.

Klein seems to think that we are in a hole so deep that we will never climb out of it. But she never admits that we have dug the hole ourselves—or maybe contracted Bechtel to do it for us. Even Reich talks about citizens’ voices being “drown[ed] out” and society finding itself “unable” to respond to the social calamity of unbridled capitalism. Both apparently believe that somehow the corporations have gained an insurmountable advantage, that the writing is on the wall, that capitalism will run amok right until it runs over a cliff.

So in both of these stories, to varying degrees, capitalism is the villain, democracy the victim. This strikes me as utter nonsense. Of course, representative democracy is a flawed system: Money buys influence; the rules favor the haves over the have-nots. And, as Reich acknowledges, we face a tension between our public roles as citizens and our private roles as economic actors seeking to maximize our own personal welfare. But for all their problems, democratic institutions make it possible for the people to make and enforce the rules.

Thomas Frank, in his 2004 bestseller What’s the Matter with Kansas?, argues that people have been duped by right-wingers, distracting themselves with values issues while privatization, deregulation, and the rest of it get smuggled in under their noses. This might be true, but it hardly absolves democratic citizens of our responsibility for those economic policies or for others (like the Iraq war). If people are so lazy, ignorant, or uninterested that they have not noticed corporations plundering the treasury and impoverishing the nation, perhaps the old adage that people get the government they deserve is true after all.

Karl Marx wrote in The Communist Manifesto that the first step in the proletarian revolution is “to win the battle of democracy.” He saw that capitalism could never be tamed unless the people first used democratic political institutions to change the rules of the game. He would surely be saddened to learn that nearly 160 years later we have still not learned this lesson—or rather, that we have forgotten it. The post-war welfare states in Europe and North America are (were?) a testament to the power of the people to shape the system, to control capitalism without crippling it (they were also testament to an unjust global economic order, but that is another story).
Today capital again has the upper hand. Disaster capitalism, with all of its affronts, is clear evidence of that, as Klein shows. Yet perhaps the greatest outrage of all is that things have gotten so bad that democracy does not even seem to be worth mentioning.

Michael Goodhart is Associate Professor of Political Science and Women’s Studies at the University of Pittsburgh. His research focuses on democratic theory and human rights, especially in the context of globalization. He has published on these subjects in Human Rights Quarterly, Perspectives on Politics, the Journal of Human Rights, Polity, and elsewhere. Goodhart’s first book, Democracy as Human Rights: Freedom and Equality in the Age of Globalization, was published by Routledge in 2005. He is book review editor at Polity and a past president of the APSA organized section on human rights. For more information visit www.pitt.edu/~goodhart.

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The Personal Side of Disaster Capitalism

by Susan E. Waltz

“A human rights approach has to ensure fullest accountability for public response where lives may hang in the balance, whether by slow rescue (an act of omission), or by use of lethal force (an act of commission).”

Two weeks ago a tornado ripped through my small hometown in rural Michigan (population 3,500), unexpectedly providing fresh perspective on the phenomenon Naomi Klein has called “Disaster Capitalism.” While I was writing this commentary, work crews were out with chainsaws and chippers, cutting up the remains of fallen trees and clearing mountains of debris from roads and sidewalks.

Klein draws attention to the spread of privatized disaster relief, using the two catastrophes of Iraq and New Orleans as her primary examples. Her essay exposes a reality that is only slowly sinking in: Functions once considered at the core of governance responsibilities are increasingly being performed by private companies. Within the U.S., the Federal Emergency Management Agency (FEMA) was established in 1978 to provide direct disaster relief, but as Klein notes, Hurricane Katrina obliged FEMA to hire a contractor not simply to manage contracts, but to award them. Blackwater’s recent incident in Iraq, which left 17 Iraqi civilians dead, has at last focused attention on the expanding role of private military corporations. Klein’s article is threaded with alarm about the growing tendency to outsource disaster response or depend on private initiatives—but is this much ado about nothing?

As I reflect on Klein’s examples and look out on the clean-up efforts in my own disaster-struck community, I think the answer must be, “It depends” (it turns out that virtually all of the workmen who trampled through my backyard last week are employed by private industry under contract to utility companies or my little community. My town lives off of agriculture and light industry, and as a practical matter, it is hard to imagine how our tax dollars would be able to cover necessary services if all the equipment and personnel had to be on hand rather than on contract). Over the past two decades the U.S. has systematically privatized many erstwhile public services at every level of government—federal, state and local. In the interest of efficiency, and because private industry presumably does it “better,” government has been downsized and jobs that range from janitorial services to prison management have been outsourced. Klein’s account of this privatization focuses on the far edge of the phenomenon, where private contractors police the streets of New Orleans and perform military functions in Iraq. She leads us to, but never quite asks, the critical question: How far do we want this trend to go? Privatization and outsourcing attenuate the accountability of elected governance bodies. Are there some functions for which we do not want—and cannot ethically accept—reduced accountability?

Disaster preparations and decisions about disaster response inevitably involve utilitarian logic: What is feasible in view of available resources? What kinds of threats should receive priority preparations (and response)? Overall, how can the greatest good be achieved with the least expenditure of public resources?

From that starting point, a human rights perspective would weight the considerations in favor of fundamental human rights, beginning with the right to life itself. Even in the midst of disasters, every society—in proportion to its resources—has a rights-based duty to assure that everyone has access to basic, life-protecting emergency response, and above all, to see that no one is systematically excluded.

In addition, a human rights approach has to ensure fullest accountability for public response where lives may hang in the balance, whether by slow rescue (an act of omission), or by use of lethal force (an act of commission). It is one thing to outsource construction and maintenance. It is quite another to hire private police officers, or security guards, who may not in any substantial way be regulated by local authorities or even accountable to law and local ordinances. As an environmental contractor sent to remediate the effects of an electrical transformer that spilled its contents into my yard commented last week, “it all depends on who sets the rules, and who you’re ultimately working for.”

Susan Waltz is Professor at the University of Michigan’s Ford School of Public Policy. She has published extensively on the politics of human rights in North Africa and has recently completed a series of essays on small state participation in the negotiations of human rights standards. From 1996-1998 Dr. Waltz served as International Chairperson of Amnesty International.

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The End(s) of the State(?)

by Daniel J. Whelan

“What is the oddest consequence of all of this? It is that the logic of free-market privatization has solved the problem of the War on Terrorism by destroying the public, without which there can be no such thing as a “war” (except of the Hobbesian kind).”

Last February, New York Times columnist Paul Krugman wrote an op-ed that anticipated Klein’s article, in part. In his view, the Bush administration has been engaged in an effort to “Green-Zone” the United States government by gutting the professional civil service—dubbed as “the enemy” by the American Enterprise Institute—and replacing its ranks with political appointees who have little interest or experience in running a state, but quite a bit of interest in enriching the private sector with public largesse. Klein’s “Disaster Capitalism” takes Krugman’s theme and pumps up the volume ten-fold.

Undoubtedly Klein’s article unsettles many liberal-minded Americans whose inclinations tend toward suspicion of the market and privatization, “just because.” They react to the enormous amounts of money being siphoned off from the public treasury to serve those who find themselves doubly-engrossed as investors in companies that now perform public functions, and due to their favorable treatment by the Bush administration as high-income taxpayers. I believe, nevertheless, that we have a much deeper problem than fat-cats feeding liberally at the public trough.

That deeper concern is a move toward private control over public life, justified within a powerful rhetoric of meeting public ends (national security, for example). Klein warns us that private corporations have created “a state within a state,” or worse, that they are replacing the state altogether. Eventually, Klein suggests, only those who can pay (privately) will benefit from that which we have always considered as “public goods.” Those who cannot pay will be left with little recourse. The fantasy of free-marketers, of course, is that those who do without will simply live with the situation.

How can we evaluate this state of affairs in a way that gets around simple knee-jerk reactions to the growing “power” of the market at the public’s expense? I think we need to clarify the appropriate means and ends of public and private institutions—the state and civil society (including the market). Let us assume that ensuring national security, “promoting the general welfare,” or the building and maintenance of infrastructure (e.g., roads, bridges, and water systems) are appropriate ends of the state. They are appropriate because they are public, universal goods. How about the means for meeting those ends? We can think of means in terms of resources (money—that is, public funding garnered by taxation). We can also think of means in terms of who “does the work” of meeting public ends. Does it matter if this work is done in civil society—by private corporations, non-profits, and so forth? There might be good public reasons for contracting with organizations and companies that specialize in some manufacture or providing some service—such as the building of F-14s or conducting a research study on diabetes. So, while those “doing the work” may be outside the state, the contracts they assume make them an extension of the state. The public is protected by the terms of contracts that protect the integrity of the ends those enterprises and organizations fulfill. As long as this is done, and our public ends are met properly, the fact that the work might be carried out by private groups should not overly concern us from the standpoint of our public life.

In civil society (especially the market), the means-ends principle is that we use private means (our own money) to secure private, particularized ends. A modern market economy is based on meeting the differentiated needs or wants of individuals. Because individuals are self-determining, their needs and wants are neither common nor predetermined. Writers from Adam Smith to Amartya Sen have pointed out how, in this way, the market is intrinsic to the very notion of human freedom and individuality.

The problem that Klein has uncovered here is complicated, but worth thinking about. In “Disaster Capitalism,” we understand that the contractor has its own ends, which is to make a profit or, in the case of a non-profit organization, to do “good works.” And those ends are appropriately private. However, when Erik Prince, the CEO of Blackwater, claims that his “soldiers” are not mercenaries (because they are not “foreign”) and wraps the ends of his corporation in the flag (“we are loyal Americans”), we should be suspicious. Blackwater’s ends are to make a profit. Their means are to provide security services. But the market principle is confused in this relationship: If the private corporation exists to meet differentiated ends, how can it meet ends that are universal, such as security?

The answer is, they cannot. What we are seeing here is a movement to privatize public ends so they are no longer public, but use public means to achieve private results. Clearly this has implications for public life: We need to restore the integrity of the state to ensure our public ends are guaranteed. But I should note that private corporations and non-profits should equally be concerned for the integrity of civil society. Once public ends disappear, the concepts of “security” or “education” or “infrastructure” lose their meaning. Once public ends are privatized, there is no public. Once there is no public, there is no largesse from which to feed. The market—the “buyer” of private services—shrinks considerably. The state, once able to command vast resources to meet once-public but now-private ends, is gone.

What is the oddest consequence of all of this? It is that the logic of free-market privatization has solved the problem of the War on Terrorism by destroying the public, without which there can be no such thing as a “war” (except of the Hobbesian kind). We are left with little more than private individuals with private money protected by private mercenaries. We will have collapsed into enclaves. Not only will we have destroyed the state, we also will have destroyed the “free market” that the state made possible.

Daniel J. Whelan (Ph.D., DU, 2006) is currently Assistant Professor of Politics and International Relations at Hendrix College. He was founding editor (with Laura A. Hebert) of HRHW from 2001-2004, and Senior Editor from 2004-2007. He now serves on the HRHW Editorial Review Board. His doctoral dissertation, "Interdependent, Interrelated, and Indivisible Human Rights: A Political and Historical Investigation," was awarded the 2006 Best Dissertation citation by the Human Rights Section of the American Political Science Association.

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Sunday, July 1, 2007

Editor's Introduction - July 2007

“Outsourcing the War ” by Jeremy Scahill. The Nation. May 28, 2007.

An Annotation:

Among the many debates currently underway over the war in Iraq, recent research and investigation has brought to light the outsourcing of war to private security companies. These companies have been hired by the U.S. government to conduct missions, which military forces themselves will not and cannot do because of the risk involved. Individual contractors, under private chains of command, are neither given the training, nor held to the standard of the proper military, even though the U.S. government is ultimately responsible for payment. While the implications of this privatization for human rights and foreign affairs are profound, this trend is increasingly becoming the reality of modern warfare.

“More disturbing is what this means for our democracy: at a time when the administration seems unwilling to subject its war strategy to oversight by the Congress, we face the widespread use of private forces seemingly accountable to no effective system of oversight or law.”

Given what we know of the “fog of war,” accountability and centralized oversight are essential issues for any democracy when conducting war. Since there are laws of war, both domestically and internationally, freelance guns-for-hire represent a threat to these laws, which were developed for the purpose of making conflict as civil as possible. When the U.S. employs security forces that are not subject to these laws and the notions of humane warfare in which they are rooted, the symbolic and actual ramifications are enormous.

“In the current discussion in the Congress on this issue, what is seldom discussed is how this system, the privatization of war, has both encouraged and enabled the growth and creation of companies who have benefited and stand to gain even more from an escalation of the war.”

President Dwight Eisenhower, in 1961, prophetically warned against the dangers of associating the escalation of violent conflict too closely with profiteering. The “military-industrial complex,” of which he spoke, threatens democracy because the preparation for and waging of war is rewarded in the economic arena, thereby side-stepping the checks and balances of representative government. The fact that private firms are responsible for supplying all facets of war—from technology to armory and now troops—has a tremendous impact on future prospects for peace.

“As the country debates current and future Iraq policy, Congress owes it to the public to take down the curtain of secrecy surrounding these shadow forces that often act in the name and on the payroll of the people of this country.”

This notion of “shadow forces” patrolling Iraq, without a framework of accountability, has the potential to compromise the respect for human rights and the rule of law. Arranging the deals that bring together the U.S. military with contractor corporations, like Blackwater USA, is done around a boardroom table and not in a legislative assembly. These relationships are antithetical to the democratic values upon which the United States was founded and that are supposedly the subject of the struggle in Iraq.

Our panelists discuss these questions and more in this month’s Roundtable.

~ The Editors

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Mercenaries and Other Ways of Breaking the Law: Why Our Blood Should Boil

by Judith Blau

“[Blackwater] became involved in the war in Iraq purely for profit—not on behalf of Iraqi welfare, and not for peace. Its business is war and peace is not profitable.”

Among the many consequences of the terrorist attacks of 9/11, the absence of investigative journalism and critical reflection in the U.S. is, perhaps, the most troubling; though we are now seeing a reversal of this trend. Jeremy Scahill has been one of the brightest and best examples of this reversal, relentlessly pursuing a trail of wrongdoing involving the U.S. government and private corporations. In particular, he has reported (primarily in The Nation and in his new book Blackwater: The Rise of the World's Most Powerful Mercenary Army) on the nefarious activities of Blackwater, focusing on the corporation’s activities as a subcontractor for the military and other operations in Iraq (as well as on its projects within the U.S., as a subcontractor for reconstruction in New Orleans).

In his May 10, 2007 testimony to the House Appropriations Subcommittee on Defense, Scahill describes Blackwater as the major player in the escalating privatization of the war in Iraq. This privatization accompanies immense corporate profits, which have far-reaching, toxic effects. When war and conflict become the objects of wealth creation, the consequences are inevitably tragic. Blackwater is neither accountable to the American public, nor in any routine way to Congress, as its employees are not in the military chain of command. The corporation became involved in the war in Iraq purely for profit—not on behalf of Iraqi welfare, and not for peace. Its business is war and peace is not profitable.

It has been mostly journalists, not academicians, who have taken the lead in making the connections involving profit-making, multinational corporations and the war. Scahill has been joined by other journalists documenting privatization of U.S. military operations more generally, including a new book by Rasor and Bauman; an article by Adam Howard published in June 2007 in Alternet, documenting Blackwater’s role in transporting prisoners to jails in Poland and Romania for the purpose of torture; and Daniel J. Callahan and Marc P. Miles’ recent published account of the Blackwater lawsuit against the families of U.S. contractors brutally murdered, decapitated and hung from a bridge in Fallujah in March 2004 (Blackwater is suing for the purpose of stifling investigation into the incident). With persistence and focus these journalists have engaged and pursued such important stories in their work as investigatory reporters, while they also open up space for academics to pursue topics related to what President Dwight Eisenhower famously called “the military-industrial complex.”

While journalists have pursued these investigations into Blackwater by appealing to their readers’ sense of “Right” and “Wrong,” an alternative way of casting the journalists’ accounts is to highlight how international laws are being violated by the exposed practices. Let us start with international laws on mercenaries. The United States is not party to the 1979 Protocol 1 of the Geneva Convention, which defines mercenaries and cautions states against using them, nor has it ratified the 2001 International Convention against the Recruitment, Use, Financing and Training of Mercenarie, which unequivocally prohibits states from hiring mercenaries. But this turns out to be only the tip of the iceberg of U.S. roguishness.

This is nothing new, however, since the U.S. has a notorious reputation when it comes to multilateral agreements: the superpower has not ratified the Rome Statute or the Kyoto Protocol; and the U.S. has ratified few, if any of the fundamental conventions under he auspices of the International Labor Organization and the U.N. Environmental Programme. It is true that the U.S. has ratified a few of the human rights treaties, such as the International Covenant on Civil and Political Rights, but these ratifications mean nothing whatsoever since when the U.S. ratifies a U.N. human rights treaty it exempts itself from the provisions of the treaty. The legal language is “non-executing.”

Thus, contrary to rhetoric, the United States is not playing a facilitating or cooperative role in the international community when it comes to multilateral agreements; on the contrary, it serves as more of an obstacle to the advancement of global cooperation in matters of development, poverty reduction, sustainability, human rights, and peace. Never has cooperation been as important as the world is experiencing an unprecedented level of interconnectedness.

Jeremy Scahill’s investigative reports on Blackwell, mercenaries, and the privatization of war present three crucial implications from which academics can learn important lessons. First, Scahill and other journalists have taken on ambitious projects to educate the public and confront the U.S. government about its abandonment of the democratic principles on which our nation was founded. Second, that they have not yet addressed the issue within a broader, contemporary international context, there is a clear opportunity and need for such work to be done. Third, privatization plays out in other arenas besides the war in Iraq and it has done so with horrendous consequences to human populations: dumping practices in African countries that benefit U.S. agribusiness; the sweatshops of multinationals; international financial speculation; support of “big pharma;”structural adjustment programs; mega-dams built at the insistence of investors that trigger immense population dislocation; the imposition of genetically modified seeds on farmers; and on and on.

Mary Wollstonecraft offers us some useful language, still appropriate after more than two centuries. It is the “iron law of property,” she wrote in her 1790 letter to Edmund Burke (in Vindication of the Rights of Man), that is crushing “benevolence, friendship, generosity, and all those enduring charities which bind human hearts together.” Humans have, she writes in her vitriolic attack, “enduring, unconditional, and undisputed rights.” These rights—“birthrights”—belong equally to all, while property belongs only to the few. “My blood boils” is the metaphor she hurls at Burke. Boiling blood is not a bad thing for American academics to have these days.

Judith Blau has published three books on human rights with Alberto Moncada: Human Rights: Beyond the Liberal Vision (2005); Justice in the United States: Human Rights & the US Constitution (2006); and, Freedoms and Solidarities: In Pursuit of Human Rights (2007). She is Director of the Social and Economic Justice (interdisciplinary) Undergraduate Minor at the University of North Carolina, Chapel Hill. Blau and Moncada are now working on a volume on human rights that will be published by Paradigm. Outside of her academic work, Blau also serves as President of Sociologists without Borders.

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Can the Next American President Switch the Tracks?

by Harry Kreisler

“Like Rome and Great Britain in the heyday of their power, the U.S. confronts a choice between democracy and empire, for empire requires military power without constraint to police the globe while democracy requires accountability.”

For decades the Washington mantra has been privatization. As Secretary of Defense in Bush 41’s administration and as CEO of Haliburton, Dick Cheney was influential in the application of this idea to defense policy. Now as Vice President of the United States, he and his coterie of followers have taken the idea to a new level. According to Jeremy Scahill, the United States has reached a tipping point in waging the Iraq war, with dire consequences for defense policy, democratic accountability, and the global perception of who we are and what we stand for.

The success of the privatization idée fixe calls to mind Max Weber’s insight that “not ideas, but material and ideal interests, directly govern men’s conduct. Yet very frequently the ‘world images’ that have been created by ‘ideas’ have, like switchmen, determined the tracks along which action has been pushed by the dynamic of interest.”

Privatization is occurring in an international environment where, since the fall of the Soviet Union in 1991, America’s global power has been unmatched and unbalanced by any other major power or group of powers. In the last six years, under the guise of responding to an act of terror on American soil, the Bush administration has used this power to act unilaterally and with disdain, not only for international institutions, but also for the other branches of American government.

Like Rome and Great Britain in the heyday of their power, the U.S. confronts a choice between democracy and empire, for empire requires military power without constraint to police the globe while democracy requires accountability. This choice is analyzed in Chalmers Johnson’s book Nemesis and Cullen Murphy’s Are We Rome? The Fall of an Empire and the Fate of America. As the U.S. defines its role in the world, the privatization mantra and its implementation obscure the financial and moral costs of empire. In the hands of foreign policy mandarins, privatization skews America’s choice in favor of empire and away from democracy.

Can the next President, to use Max Weber’s metaphor, switch the track along which America is moving? Does dependency on private campaign financing make that impossible? Is the allure of empire impossible to resist?

With these contradictions at work, it seems appropriate to offer 10 questions and one scenario to focus the next President’s attention like a laser beam:

* What are the consequences of private contracting in the national security
arena?

* What is the process of selecting contractors and what are the terms being negotiated in the various contracts?

* What exactly are the functions being performed by military contractors,
especially in battle zones?

* What is the chain of command once the contract is negotiated?

* What rules of American and international law apply to contractors, especially
in military zones?

* Under what circumstances does a contractor become an autonomous force
in a zone of intervention?

* What are the patterns of recruitment within the military and from the military
to the private contractors? Who defines the rules? And what is the
movement of personnel from government to private sector?

* What is the involvement of private contractors in implementing the so-called “revolution in military affairs”?

* Who are the owners of the military contracting firms? Are these firms multinational? Where is their management located? How can we determine

when they are no longer American firms? And what is their impact on political campaigns?

* If military contractors are market-driven, what will prevent them from offering
their services to the highest bidder, and what would be the strategic
implication
of this result?

These questions become of particular importance given the following possible scenario: the Chinese government becomes a major shareholder of the military contractor Blackwater. The Chinese hire Blackwater to guard oil facilities and personnel in Sudan. Simultaneously, the U.N. imposes sanctions on the Sudan, and deploys a U.N. force to stop the genocide and the selling of Sudanese oil, with the U.S. providing logistical support. The Chinese, operating through Blackwater, decide to aid the Sudanese government by supplying intelligence to a group like the Janjiweed and military support to the Sudanese government as it repels the U.N. force. The Blackwater personnel, who are former American military, trained in the use of U.S. technology and strategy, serve Chinese interests. Consequently, the U.N. mission fails in a major blow to U.S. foreign policy. This type of situation is realistic and demonstrates the pitfalls of increased privatization in the military sector.

Unless the next President finds answers to such questions, suggested by the recent reporting on private contracting, American decline in the emerging multi-polar world will be hastened. In that environment, the new President, despite his/her campaign slogans, will not be able to “switch” tracks as U.S. power hurls forward on a fatal course mapped by privatization. Democratic accountability at home and international law abroad will be the early casualties. Then the President will surely confront Hamlet’s insight: “For ‘tis the sport to have the engineer hoist with his own petard” (Hamlet - Act 3. Scene IV).

Harry Kreisler is Executive Director of the Institute of International Studies at the University of California at Berkeley. In that role, he shapes, administers, and implements interdisciplinary academic and public affairs programs that analyze global issues. He is also creator, executive producer and host of Conversations with History, an interview program, broadcast nationally every Thursday evening on sattelite television, and on cable throughout California. Conversations with History is also a critically acclaimed online archive containing more than 360 one-hour interviews with distinguished men and women from all over the world who talk about their lives and their work. Harry Kreisler is also Executive Producer of Connecting Students to the World, a World Wide Web -based program that introduces students and retirees to leading figures in international affairs through online curricula, preparatory workshops, and Internet conversations.

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Private Military Industry and the Laws of War

by Mahmood Monshipouri

“War outsourcing has also created the corporate equivalent of Guantanamo Bay—a virtual rules-free zone in which perpetrators of torture are unlikely to be held accountable for breaking the law.”


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Rooting the Privatization of War in a Broader Political Context

by Ali Wyne

“It seems reasonable to suggest that the President’s hesitation to wage war will continue to diminish as the ability to pursue this course in a clandestine manner increases.”


On the issue of military outsourcing, I think that it would be valuable to place Jeremy Scahill’s research and critique in a broader context. In particular, his concern about private soldiers’ lack of accountability offers a point of departure for issuing two observations:

* The war in Iraq has been conducted in an unusually secretive manner; and
* The current American grand strategy has its roots in post-Cold War neoconservatism (based on the characterization that its proponents have offered, neoconservatism is a persuasion that inclines one to advocate the spread of American values and the advancement of American interests, relying heavily on force and unilateral assertion).

The United States intends to establish its largest system of military bases in Baghdad, an important fact that has elicited little attention in the mainstream media. Furthermore, it has recently come to light that President Bush has expressed interest in a “Korea model” for Iraq, whereby American troops would be stationed there indefinitely to provide security between the warring factions. The war has already inflamed international opposition against American foreign policy in the Middle East, and establishing a quasi-permanent power structure in the region’s heart is likely to exacerbate such sentiments. Even if one accepts the conventional wisdom that neoconservatism’s influence is receding, its consequences for American legitimacy and power are likely to be enduring.

Indeed, it bears mentioning that the Bush administration’s strategy in Iraq follows hawkish prescriptions that were formulated in the immediate aftermath of the Cold War. Even though neoconservatives had been agitating to imbue American foreign policy with a more assertive character during the Clinton administration, the relative calm of those eight years ensured that they could not. In a January 1998 letter to President Clinton, 18 of the Project for a New American Century’s (PNAC’s) founders urged him to address a “threat in the Middle East [that is] more serious than any we have known since the end of the Cold War” by demonstrating “a willingness to undertake military action as diplomacy.” The threat to which they were referring, of course, was Iraq.

While most individuals viewed the United States’ demilitarization during the 1990s as a natural response to Soviet implosion, PNAC warned that it represented complacency in the face of growing threats (in particular, they judged, those that emanated from the Middle East). When Clinton assumed office in 1993, defense spending accounted for 4.8 percent of our Gross Domestic Product; by 2000, that proportion had fallen to 3 percent. During that same time period, the number of American troops deployed overseas fell from 295,000 to 210,000. Citing this data, among other developments, PNAC’s leadership called for a restoration of America’s “eroded” military. While acknowledging that the 1990s were a period of unprecedented peace and prosperity for the United States, they warned that “no moment in international politics can be frozen in time; even a global Pax Americana will not preserve itself.”

These ideas found a sympathetic ear in President Bush, whose 2002 National Security Strategy reaffirmed America’s hegemonic imperative. It is encouraging to note that criticism of that document (and the policies to which it gave rise) transcends partisan divisions. Indeed, many in the intellectual establishment would concur with the assessment that it set forth “a neoimperial vision.”

While most Americans have become disenchanted with the prosecution of the global “war on terrorism,” they tend to believe that neoconservatives have suddenly emerged and “hijacked” the Bush administration’s decision-making processes. The reality is that many of today’s influential policymakers were equally, if not more, influential during the Reagan administration (which similarly proclaimed the necessity of democracy promotion).

This disconnect—between perception and reality—is one of the chief characteristics of war. However, it has reached an alarming level in the case of the Iraq war. In his testimony, Scahill remarks, “ I think it is a disturbing commentary that I have received phone calls from several Congress members asking me for government documents on war contractors and not the other way around.” If the sole organ that is authorized to declare war knows so little of the manner in which it is being conducted what must we conclude about the state of our national security?

If present trends persist, the privatization of war, of which Scahill and others are fearful, will likely continue. From 2001 to 2006, the defense revenue of the world’s top 10 defense companies doubled from $90 billion to $180 billion. As the security situations in Afghanistan and Iraq deteriorate, the demand for these companies’ services will rise. It seems reasonable to suggest that the President’s hesitation to wage war will continue to diminish as the ability to pursue this course in a clandestine manner increases. This prospect demands greater vigilance not only from our elected leaders in Congress, but also from ordinary citizens who profess their commitment to democracy.

Ali Wyne is a senior at the Massachusetts Institute of Technology, where he is pursuing dual degrees in Management and Political Science, as well as a minor in Economics. He serves as Vice-President of the Undergraduate Association, and as Editor-in-Chief of the MIT International Review, MIT’s first journal of international affairs. He will be contributing a chapter, “How World Opinion Challenges American Foreign Policy,” to a forthcoming volume, The Public Diplomacy Handbook (Routledge 2008). He maintains a blog on global problems and solutions, “The Struggle of Memory Against Forgetting.”

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