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August 27, 2011

An Iconic Image of Government Failure

This is what it looks like when government fails to protect its citizens:

(source)

More than a quarter of people living in New Orleans in August of 2005 lived below the poverty line.  Many of the poor in New Orleans stayed at home to weather the storm.  Why?

Twenty-seven percent of New Orleanians didn’t own a car, making evacuation even more difficult and expensive than it would otherwise be.

People without the means to leave are also the most likely to rely on the television, as opposed to the radio or internet, for news.   TV news began warning people how bad the storm would be only 48 hours before it hit; some people, then, had only 48 hours to process this information and make plans.

Poor people are more likely than middle and upper class people to never leave where they grew up.  This means that they were much less likely to have a network of people outside of New Orleans with whom they could stay, at the same time that they were least able to afford a motel room.

For those who were on government assistance, living check-to-check, it was the end of the month.  Their checks were due to arrive three days after the hurricane.  It was also back-to-school time and many were extra cash poor because they had extra expenses for their children.

A study of New Orleanians rescued and evacuated to Houston (Quigley, 2006), described by political scientist Caroline Heldman, found that:

…14% were physically disabled, 23% stayed in New Orleans to care for a physically disabled person, and 25% were suffering from a chronic disease…  Also,

• 55% did not have a car or a way to evacuate
• 68% had neither money in the bank nor a useable credit card
• 57% had total household incomes of less than $20,000 in the prior year
• 76% had children under 18 with them in the shelter
• 77% had a high school education or less
• 93% were black
• 67% were employed full or part-time before the hurricane

The city failed to get information to their most vulnerable residents in time and they failed to facilitate their evacuation.  The empty buses in flood water, buses that could have been filled with evacuees prior to the storm, is a testament to this failure.

source

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Libya without Qaddafi: Decoding an Uncertain Future

Richard Falk

There is so much spin surrounding the Transitional National Council victory in Libya that it is difficult to interpret the outcome, and perhaps premature to do so at this point considering that the fighting continues and the African Union has withheld diplomatic recognition on principled grounds. Almost everything about the future of Libya has been left unresolved, beyond the victory of the rebel forces as massively assisted by NATO air strikes as well as a variety of forms of covert assistance given to the anti-regime Libyans on the battlefield. Of course, in the foreground is the overthrow of a hated and abusive dictator who seemed more the outgrowth of the surrealist imagination than a normal political leader who managed to rule his country for more than 42 years, and raised the material standards of the Libyan people beyond that of other societies in the region.

It does seem that the great majority of the Libyan people shared with others in the region a thirst for political freedom. The initial uprising seems definitely inspired by the Arab Spring. But unlike the other populist challenges to authoritarian Arab states, in Libya the anti-regime forces abandoned nonviolent tactics at early stage and became an armed uprising. This raised some doubts and widespread fears about the onset of a civil war in the country, but it also brought forth a variety of explanations about the murderous behavior of the regime that left its opponents no alternative.

Now with Qaddafi gone as leader, if not yet captured or killed, a new central concern emerges. What will the morning after bring to Libya? At the moment it is a matter of wildly divergent speculation as the unknowns are so predominant. There are a few observations that clarify the main alternatives. More favorably than in Egypt or Tunisia, this populist uprising possesses a revolutionary potential. It has seems poised to dismantle the old order altogether and start the work of building new structures of governance from the ground up. The fact that the TNC resisted many calls for reaching an accommodation or compromise with the Qaddafi regime gives the new leadership what appears to be a clean slate with which to enact a reform agenda that will be shaped to benefit the people of the country rather than foreign patrons. This opportunity contrasts with the messy morning after in Egypt and Tunisia where the remnants of the old order remain in place. In Cairo numerous demonstrators were sent to jail, and reportedly tortured, after new demonstrations were held in Tahrir Square led by those fearful that their political aspirations were being destroyed by the same old bureaucracy that had provided Mubarak with his oppressive structures of authority that made the country safe for neoliberal exploitation and unsafe for constitutional democracy. Let’s hope that the TNC can sustain Libyan unity and commit itself to the building of a democratic constitutional order and an equitable economy step by step. It will not be easy as Libya has no constitutional experience with citizen participation, an independent judiciary, or the rule of law. Beyond this, political parties, non-state controlled media, and civil society were absent from Libya during the Qaddafi era.

And then there is the big possible problem of NATO’s undefined post-Qaddafi role. The air war inflicted widespread damage throughout the country, and already NATO entrepreneurial interests are staking their claims, and TNC spokespersons have indicated that those who lent their cause support will be rewarded in appreciation. Fortunately, NATO does not purport to be an occupying force, but the United States and the principal European countries that took part in the war are pulling strings to release billions of dollars of assets of the Libyan state that were frozen in compliance with Security Council Resolution 1973 and various national directives, and may well be playing a major advising role behind the scenes. Will this dynamic of enabling the new leadership to achieve a finance recovery and reconstruction in Libya come as part of a package containing undisclosed political conditions and economic expectations? There are signs that oil companies and their government sponsors are scrambling to get an inside track in the current fluid situation. It does not require paranoia about imperialist geopolitics to take note of the fact that the two major military interventions in the Arab world within the last decade were both situated in significant oil producing countries whose leadership rejected integration into a world order in which global energy policy was under the firm control of the market interests of international capital. And, oh yes, the other likely target of major Western military action is Iran, and it too ‘happens’ to be a major oil producer. Let us recall that the UN failed to respond in oil-free Rwanda in 1994 when a small expansion of a peacekeeping presence already in the country might have saved hundred of thousands from an unfolding genocidal onslaught. In the realm of world politics, it may be worth observing, coincidences rarely happen.

There are also significant unresolved issues associated with the precedent set by the UN in authorizing a limited protective intervention that when acted upon ignored the guidelines set forth by the drafters of the Security Council resolution. The actual scope and ill-disguised purpose of the intervention shortly after it became an operational reality in Libya was to tip the balance in a civil war and achieve regime change. Such goals were never acknowledged by the pro-intervening governments in the course of the extensive and sharp Security Council debate, and had they been, it is almost certain that two permanent members, China and Russia, given their reluctance to approve of any use of force in the Libyan situation, would have blocked UN action by casting a veto. The UN is confronted by a dilemma. Either it refuses to succumb to geopolitical pressures as was the case when it withheld approval from the United States plan to attack Iraq in 2003, and steps aside while a so-called ‘coalition of the willing’ is hastily formed to carry out an attack, or they grant some kind of limited authority that is cynically overridden by the far more expansive goals of the intervening governments as has been the case in Libya. Either way respect for the authority of the UN is eroded, and the historical agency of geopolitics is confirmed.

In the Libyan case, the evaluation of the UN role is likely to depend on what happens in the country during the weeks and months ahead. If a humane and orderly transition takes place in the country, and national resources are used to benefit the people of Libya and not foreign economic interests, the intervention will be effectively marketed as a victory for humane governance and a demonstration that the international community can engage in humanitarian intervention in an effective and principled manner. If the country descends into chaos as the Libyan victors fight among themselves for the political and economic spoils or take revenge on those associated with the Qaddafi regime, the intervention will be retrospectively discredited. This will happen also if the country becomes one more neoliberal fiefdom in which the majority of the population struggles to subsist while tiny elites sitting in Tripoli and Benghazi collaborate with foreign financial and corporate interests while skimming billions off the top for themselves.

This assessment of the intervention as a precedent is based on considering only its consequences. As such, it does not take into account the importance of maintaining as a matter of principle, the integrity of UN authorizations of military force both in relation to the UN Charter and with respect to confining the military undertaking to the strict limits of what was authorized. I will consider in a companion essay this issue of sustaining constitutionalism and the rule of law when the Security Council authorizes military action.

source

Richard Falk


Richard Falk is an international law and international relations scholar who taught at Princeton University for forty years. Since 2002 he has lived in Santa Barbara, California, and taught at the local campus of the University of California in Global and International Studies and since 2005 chaired the Board of the Nuclear Age Peace Foundation. He initiated this blog partly in celebration of his 80th birthday.

Locked Up and Left Behind: Hurricane Irene and the Prisoners on New York’s Rikers Island

August 26, 2011

by Jean Casella and James Ridgeway

“We are not evacuating Rikers Island,” Mayor Michael Bloomberg said in a news conference this afternoon. Bloomberg annouced a host  of extreme measures being taken by New York City in preparation for the arrival of Hurricane Irene, including a shutdown of the public transit system and the unprecedented mandatory evacuation of some 250,000 people from low-lying areas. But in response to a reporter’s question, the mayor stated in no uncertain terms (and with more than a hint of annoyance) that one group of New Yorkers on vulnerable ground will be staying put.

 

New York City is surrounded by small islands and barrier beaches, and a glance at the city’s evacuation map reveals all of them to be in Zone A (already under a mandatory evacuation order) or Zone B–all, that is, save one. Rikers Island, which lies in the waters between Queens and the Bronx, is not highlighted at all, meaning it is not to be evacuated under any circumstances.

According to the New York City Department of Corrections’ own website, more than three-quarters of Rikers Island’s 400 acres are built on landfill–which is generally thought to be more vulnerable to natural disasters. Its ten jails have a capacity of close to 17,000 inmates, and normally house at least 12,000, including juveniles and large numbers of prisoners with mental illness–not to mention pre-trial detainees who have yet to be convicted of any crime. There are also hundreds of corrections officers at work on the island.

We were not able to reach anyone at the NYC DOC for comment–but the New York Times‘s City Room blog reported: “According to the city’s Department of Correction, no hypothetical evacuation plan for the roughly 12,000 inmates that the facility may house on a given day even exists. Contingencies do exist for smaller-scale relocations from one facility to another.”

For a warning of what can happen to prisoners in a hurricane we need only look back at Katrina, and the horrific conditions endured by inmates at Orleans Parish Prison in New Orleans. According to a report produced by the ACLU:

[A] culture of neglect was evident in the days before Katrina, when the sheriff declared that the prisoners would remain “where they belong,” despite the mayor’s decision to declare the city’s first-ever mandatory evacuation. OPP even accepted prisoners, including juveniles as young as 10, from other facilities to ride out the storm.

As floodwaters rose in the OPP buildings, power was lost, and entire buildings were plunged into darkness. Deputies left their posts wholesale, leaving behind prisoners in locked cells, some standing in sewage-tainted water up to their chests …

Prisoners went days without food, water and ventilation, and deputies admit that they received no emergency training and were entirely unaware of any evacuation plan. Even some prison guards were left locked in at their posts to fend for themselves, unable to provide assistance to prisoners in need.

source

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