Archive | April, 2020

Triple Jeopardy: Refugees/Migrants/Palestinian Prisoners

25 Apr

Triple Jeopardy: Refugees/Migrants/Palestinian Prisoners

 

[Prefatory Note: This post was published in a somewhat altered form in Transcend MediaService on April 20, 2020 under the title “Triple Jeopardy and the Plight of Palestinian Prisoners.]

 

Double Jeopardy for Refugees/Migrants

Recently reflecting on the plight of refugees fleeing war zones in the Middle East and migrants from sub-Saharan Africa and Central America I was struck by the analogy to ‘double jeopardy.’ As widely understood, double jeopardy is a procedural rule of criminal law that prohibits prosecution by a state of an individual more than once for the same crime. It is deservedly treated as a human right that protects persons from being harassed after judicial acquittal by repeated allegations of the same alleged crime. The International Covenant on Civil and Political Rights (1966) in Article 14(7) defines double jeopardy: “No one shall be liable to be tried or punished again for an offense for which he has already been finally convicted or acquitted in accordance with the law and penal procedure of each country.” (There are exceptions for acquittals tainted by fraud, confessions by the accused, and the wording of the rule should be corrected for its gender bias implying that it is only ‘men’ who could be victimized by vindictive re-prosecution).

 

For some years, the images of violent border security associated with keeping masses of needy refugees or migrants from crossing international boundaries to reach more peaceful or affluent countries in Europe or North America is what prompted me to sense an analogy to the kind of ordeal that exists when someone wins an acquittal after a long, emotionally and economically costly trial, and is then confronted by a new indictment for essentially the  same supposed criminal offense. In a well-administered democracy, the double jeopardy rule is taken for granted, and prevents such injustices from happening. But what of the world of refugees and migrants?

 

What made the double jeopardy comparison apt for me were these haunting images of doubling down on punishment of those who were not only innocent, but already victimized by circumstances beyond their control, and then again punished for acts that deserve empathy and accommodation, not punishment, if humanitarian values were extended to  refugees/migrants. My existential premise, borne out by some experience, is that persons almost never leave their place of birth and family residence without overwhelming provocation, and are especially hesitant to use their small saving and meager borrowings to embark on a voyage to a distant land with a different language and culture. Most of us, even if dissatisfied with conditions in our native land or our personal circumstances will still not voluntarily depart from the familiarities of family and friends, and of language, traditions, and nationality. Only circumstances of grave danger such as presented by ravaged combat zones or resulting from grinding poverty found in societies that confront residents and entire communities with gray horizons of hopelessness that offer neither safety nor security, can induce most persons to so uproot themselves. In other words, the motivation underlying the emotional reality of the overwhelming majority of refugees and migrants is one of desperation, of grasping at straws and escaping doom. Of course, the small nomadic elites of adventurers, exiles, and expatriates are examples of persons leaving their home countries not from necessity, but in pursuit of the exotic and the paradisiac.

 

This sad depiction of the decision to flee to safety or to search for economic security is then generally accompanied by a treacherous and harrowing journey that often drains the traveler of his or her small savings. Many trips end with death and illness for many in the group, or perilous trips across stormy seas or barren deserts, only to be confronted by a coercive ‘no’ in the form of barbed wire, walls, detention centers, and even live ammunition if and when the destination is reached. To be placed in detention centers with long waits may be the best that can be hoped for by such forsaken souls, often including young children, that experience the depths of insecurity in their homeland, and also along the way that reaches a negative climax when and if the national goal is ever reached.

 

I am not suggesting that this refugee/migrant experience is double jeopardy in a legal sense, but it seems to possess the same ingredients of the unjust repetition of indictment and prosecution, itself punitive, that is prohibited as a part of civilized behavior in a society responsive to the rule of law, and protective of human rights. It is a kind of morally grounded, culturally and spiritually debasing, and often life-threatening duplication of criminal prosecution without any account being taken of human dignity and fundamental innocence of those being victimized, or the ordeal of struggling against a criminal allegation.

 

And yet, moral outrage or a call for compassion does not acknowledge the complexity of the issues raised. Unlike the individuals accused of the same crime a second time, the refugee/migrant does not, as such, pose real threats to the countries that are being expected to act as benign hosts or to extend hospitality to strangers in need. This is notto say that a country does not have the right to deny entry to those with criminal records or contagious diseases, provided due process is accorded, and similarly have authority to insist that those who enter do legally.

 

We live in a state-centric world where international boundaries define the outer limits of community, which has not changed fundamentally no matter how much we hear cosmopolitan sermonizing and ecologically persuasive calls for planetary identity. In such a framework, the citizenry of a country feel threatened in various ways by the influx of large numbers of strangers, especially if their racial and cultural characteristics clash with that of the country asked to show hospitality or grant asylum. The reality of this resistance is producing extremisms of scapegoating and xenophobia, which make moderates search for compromises in the form of requiring lawful entry, quotas, job training, and language and civilizational educational resources. Given the scale of the challenge, and the unlikely emergence of greater receptivity, the main line of an effective and humane response structure should be a large investment in overcoming the conditions in foreign countries that give rise to massive displacement and large numbers of persons desperate to find more sustainable life conditions. Overcoming double jeopardy in these settings depends on a self-interested globalization of responsibility for achieving peace and security, as well as lifting the curse of poverty, and this requires the drastic reform of the way the benefits of neoliberal globalization are distributed much more equitably than in the past.       

 

 

Triple Jeopardy for Palestinian Prisoners at a Time of Pandemic

 

This metaphor for layers of unjust suffering initially occurred to me while preparing a ZOOM presentation on the abuse of Palestinian prisoners in the context of the health dangers associated with the COVID-19 challenge. Such dangers were present for Palestinians under pre-pandemic conditions, but greatly aggravated by Israeli failures to mitigate the additional and aggravated risks that come from keeping around 5,000 Palestinian prisoners in overcrowded prisons where some of the guards and security personnel were reported as testing positive for the virus yet continued to interact with prisoners without prescribed personal protective gear (PPE), and where insufficient hospital and medical capabilities existed in the event that the disease started to spread. This overall sub-par situation was further accentuated in relation to an. estimated 172 child prisoners, many elderly and disabled prisoners, and almost all inmates incarcerated for nonviolent security offenses that should never have been criminalized because of falling within the scope of a right of resistance possessed by persons living under an apartheid regime, which is itself a serious violation of international criminal law. The right to resist Israeli apartheid, at least within the limits of international law regulating violence by reference to choice of targets and other considerations. Israel has not accepted WHO guidelines or a variety of humanitarian appeals by respected NGOs to release at least ‘low-risk’ prisoners as well as those with ‘underlying conditions,’ children, and the elderly.

 

Taking these considerations into account the ‘triple jeopardy’ framing seems justified to underscore the layers of injustice endured by Palestinian prisoners at this time. As the Palestinian writer, Ramzy Baroud, writes, “..all of Palestine has been in a state of ‘lockdown’ since the late 1940s when Israel became a state and the Palestinian homeland was erased by Zionist colonialists with the support of Western benefactors.” To drive the point home, Baroud adds, “In Palestine, we don’t call our imprisonment a lockdown, but a ‘military occupation’ and apartheid.” [See Baroud, “A Palestinian Guide to Surviving a Quarantine: On Faith, Humour, and ‘Dutch Candy,’” Middle East Monitor, April 5, 2020]. In effect, Baroud is insisting that all Palestinians are enduring an unjust ‘imprisonment’ that has lasted for more than 71 years with no signs of abatement, and is itself a punishment of individuals of a certain ethnicity for the ‘crime’ of existing.

 

On this basis, the criminalization of resistance, including nonviolent and symbolic forms, extending even to poem and poets (for example, Dareen Tatour, and her crime, the poem “Resist, my people, resist them”), has resulted in harsh confinement in Israeli prisons, including reliance on such legally dubious mechanisms as ‘administrative detention’ (imprisoning without charges or any due process for extended periods) and the unlawful transfer of prisoners from detention in Occupied Palestine to prisons in Israel [behind the green line], andd out of reach of family members). In effect, the imprisoning of any Palestinian in Israeli jails is Double Jeopardy because it puts Palestinians already punishment by lockdown, displacement, and dispossession behind bars because they dared to assert their right of resistance.

 

The allegation of Triple Jeopardy arises from the failure to suspend or mitigate prison condition in light of the Coronavirus Pandemic, and the related failure to take responsible steps to protect those so confined from contracting a highly contagious and potentially lethal disease. A virtual death sentence hangs over every single Palestinian prisoner for as long as the pandemic lasts, and poses especially acute risks with respect to particularly vulnerable categories of Palestinians living in prisons.

 

 

 Toward Solutions?

 It is not possible to set forth detailed proposals to overcome double and triple jeopardy as depicted. I will only indicate the vectors that point in a direction sensitive to practical and normative aspects of the challenge.

 For Double Jeopardy: seek to accommodate an ethos of hospitality and empathy with a major commitment at the UN and by national governments to take steps to remove the conditions of mass desperation prompting large numbers to leave their homelands, an undertaking ideally funded by a globally administered tax on luxury goods, financial transactions, fossil fuels, and transnational air travel.

 For Triple Jeopardy: release all Palestinian political prisoners immediately, with a sense of urgency, and commit to ending apartheid as the essential step toward a sustainable and just peace based on the equality of rights of Jews and Palestinians.

 

 

 

 

World Order and Covid-19 Pandemic

19 Apr

[PREFATORY NOTE: THE POST BELOW IS A SLIGHTLY MODIFIED TEXT OF AN INTERVIEW CONDUCTED BY DANIEL FALCONE, AND PUBLISHED ON APRIL. 17, 2020 IN COUTERPUNCH.]

World Order and the Sars-Co2-Virus

 Daniel Falcone: Carlos Delclós, a sociologist based in Barcelona has highlighted the need for bottom up responses for social solidarity in Spain when compared to the unity declarations put forth by the monarchy. Further, journalist Ben Ehrenreich cites that while there are severe problems with the government, remnants of a democratic spirit and mutual aid keep optimism and hope alive within their system of universalized healthcare. Can you comment on the greater European response to pandemic?

 

Richard Falk: I am aware of the greater strength and role of cooperative movements in European countries, a residue of the socialist movements of the prior century, that give rise to more spontaneous approaches on local levels to immediate threats to well-being, exhibiting both less trust and less dependence on governmental undertakings.

 

Furthermore, European health systems are more evolved, fewer people left out, and more sense of public responsibility, although some deficiencies also emerged. Italy and Spain lacked sufficient governmental capabilities to cope humanely with the challenge of a pandemic, although the epicenter was initially in Lombardy, the richest part of the country.

 

Given the urbanization and social complexity accompanying modernity, the need for intelligent, imaginative, and humane governance is a necessity in times of societal crisis, and its absence magnifies suffering.

 

Daniel Falcone: The World Bank is reporting that Sub-Saharan Africa is experiencing a drastic economic downturn and the first in more than a couple of decades. Can you explain the unfolding in this region, which is fairly under reported by western democracies?

 

Richard FalkSub-Saharan Africa is still heavily dependent on the exports of resources rather than on the provision of services and high-end manufacturing, and as a result is exceedingly vulnerable to changes in the adverse terms of trade that arise whenever “deglobalization” trends are present. It would seem that the rise of ultra-nationalism, as highlighted by “Trumpist” economic nationalism, have negative impacts on sub-Saharan African development prospects.

 

 

Daniel Falcone: Recently, I spoke with John Feffer of Foreign Policy in Focus and he explained how the pandemic has impacted globalization in regards to a “slowbalization.” He has commented on additional dimensions of this elsewhere. Could you elaborate on the anti-globalization and ultra-nationalist worldview wave that autocrats around the world are riding currently? This looks as dangerous as the pandemic.

 

Richard Falk: There is no little doubt a rise of autocrats, elected and non-elected, in what seemed entrenched democracies (U.S., UK, India, Brazil), in faux democracies (Russia, Hungary, Egypt), and monarchies (Saudi Arabia, UAE, Morocco). This authoritarian surge, which came initially as a surprise to most of us, superseded expectations associated with the end of the Cold War that were triumphantly interpreted as an ideological victory for the West and its values, and especially for the American political economy.

George H.W. Bush, president at the time of the Soviet collapse, proclaimed ‘a new world order’ in which the geopolitical hegemony of the U.S. now was unopposed, and would no longer be challenged in global arenas. This meant that the UN could function as intended on the basis of consensus in a world without ideological rivalry, which allowed the UN to sponsor the Iraq War of 1992 designed to restore Kuwaiti sovereignty by compelling Iraq to abandon conquest and annexation.

 

Then Bill Clinton came along promoting a foreign policy based on a doctrine of ‘enlargement,’ shorthand for predicting and promoting the spread of democracies. It was accompanied by the optimistic belief that an era of peace and prosperity would follow the further spread of democratically governed states. It was widely believed that democracies do not go to war against one another and capitalism is the best engine of growth the world has ever known. From such perspectives the post-Cold War world was envisioned as becoming increasingly both peaceful and prosperous.

Such a worldview was supportive of regime-changing interventions, especially in the Middle East, to get rid of the more strategically troublesome remnants of autocratic regimes and reflected the prevailing enthusiasm about the growth potential of neoliberal globalization, an approach long championed by the neoconservative movement.

 

To become operational such a policy outlook needed both the 9/11 attacks to re-securitize American foreign policy and the neoconservative presidency of George W. Bush. The decisive test of this proactive outlook occurred in the Iraq War of 2003. Expressing this jubilant mood, Bush II introduced a government report on national security in 2002 with an assertion of faith in the singularity and superiority of the American form of governance that went largely unchallenged at the time. He contended that market-oriented constitutionalism (as exemplified by the USA) had demonstrated to the world that its form of democracy (elections plus capitalism) was the only legitimate way to organize the political life of a sovereign state in the new century.

 

So, the haunting question remains, ‘what went wrong’? The most obvious explanation rests on the alienating impacts of neoliberal globalization that seemed to heap its rewards on the very, very rich while leading to stagnation or worse for the multitudes.

 

This structural explanation of the rise of autocracy is certainly a large part of the story as predatory capitalism in this period gave rise to gross inequality on all levels of social order, symbolized by the 26 richest individuals controlling more than half of the world’s wealth. Another part of this story, less frequently acknowledged, is that the socialist alternative to capitalism was successfully discredited by falsely representing the Soviet political and economic failure as a decisive and sufficient test case of the viability of a socialist alternative.

 

This ideological supremacy of neoliberal capitalism facilitated two regressive developments: first, leading neoliberal globalization to privilege capital over people, or put differently, to choose economic efficiency over human well-being. Secondly, creating a political consciousness that fed the illusion that there were no tenable alternatives to the existing mode of political economy, completely ignoring the kind of autocratic state capitalism that flourished so remarkably in China in an ideological atmosphere that presented itself as fulfilling the hopes and dreams of socialism, experiencing a remarkable modernizing facelift under the leadership of Deng Xiaoping that had did not rest its claims on the virtues of democracy.

 

For most of the world, the Chinese phenomenon, while mesmerizing, was seen as not generalizable beyond China, or at least not beyond Asia. In such a setting there was a very unhealthy political situation—the dominant practices and policies of neoliberal globalization were not delivering material benefits to most people living in democratic societies, and the excesses of this stage of capitalism were left unchallenged, and hence unmitigated, by socialist challenges that had since Marx led the most adept masters of capital to seek accommodation with the laboring classes and create an image of an ethical capitalism that was inclusive of the great majority of people in their respective national societies.

 

With that humanistic imperative of ideological rivalry pushed aside, the path was cleared for the emergence of demagogues, and those who found scapegoats to blame for the widespread distress among the public, especially foreigners. This new kind of political appeal produces a blind kind of trust in the leader, however misleading the diagnosis, and feeds a nationalist frenzy at the very time that the world needs recognition of a cooperative global order to address such challenges as climate change. It is not without irony, that the U.S., which had long lectured the world on the many virtues of democracy, should voluntarily succumb to the autocratic ‘charms’ of Donald Trump.

 

It is notable to take account of the existence of some dissenters from ‘slowbalization,’ the most prominent is Richard Haass, former government official and currently President of the Council of Foreign Relations. He anticipates a recovery process that involves an ‘acceleration’ of pre-pandemic trends, including a concerted effort to restore the neoliberal world order with especial emphasis on its orientation toward limitless growth based on technological innovation and capital efficiency, but revamped in the precarious context of continuing American decline, which includes an absence of the kind leadership required to address global problems through multilateralism.

 

In the background of the Haass view of the post-pandemic world is an intensifying geopolitical rivalry producing conflict and increasing dangers of strategic warfare, presumably featuring a standoff between the U.S. and China.

Henry Kissinger, a stalwart of the triumphalist outlook that followed the Soviet collapse, is more hopeful than Haass, projecting the period after the pandemic subsides as a call for the reassertion of robust American leadership on the global policy stage. He believes that the openness of trade and the transnational mobility of people depend on the renewal of confidence in the neoliberal world order that proved so successful after World War II, and was constructed on the basis of Enlightenment values emphasizing the fusion of political stability, confidence in science and technology, and market-driven economic growth

 

In the background of the restoration of the pre-pandemic ‘normal’ is the ecological illiteracy of supposing that maximizing economic growth via globalization, or otherwise, can proceed without respect for the limits on carrying capacity of the earth. Frank Snowden, the widely respected expert on epidemiology in an illuminating interview (Il Manifesto, Global Edition, April 11, 2020) suggesting that COVID-19 virus and earlier flu epidemics (SARS, MERS, Ebola, avian flu) can all be traced to zoonotic transfers of the virus from animals to humans, expressing spillovers that he argues are bound to occur when animal habitats are encroached upon by spreading urbanization and industrialization.

 

A more reconstructive post-pandemic approach would strive for ‘a new normal,’ which combined the health imperative of sensible preparedness and universal coverage with an ecological sophistication that sought to mitigate inequalities among peoples and societies by addressing poverty as a health issue, including the recognition that diseases are more lethal in relation to vulnerable peoples, who suffer as victims and victimize others by becoming agents of contagion.

Daniel Falcone: After the dust settles from the pandemic, if it does, can you attempt a forecast of how global powers will align or realign?

Dealignment’ is more likely than ‘realignment.’ I am assuming here that either that the nationalist retreat from neoliberal globalization will continue or there will be strong moves, hard to forecast, in the direction of regional and global cooperation in key sectors of policy, with international institutions given important coordinating roles. In either alternative alliance, diplomacy seems not likely to reemerge in any manner comparable to what it was in the prior century. Trump has already significantly weakened the Western alliance structure, and except for the forays of “coercive diplomacy” contra Iran (in concert with Saudi Arabia, Israel), seems to have adopted a unilateralist foreign policy course supplemented by transactional bilateralism in which the interaction seeks win/lose outcomes based on hard power disparities.

 

Reverting to Haass and Kisssinger, it is worth noting that the pessimistic assessments of Haass are explicitly linked to his anticipation of the post-pandemic world order as resembling what happened in the decades after World War I, that is, the Great Depression, the rise of fascism, and a second world war. Kissinger, although habitually associated with a fatalistic view of the international scene, somehow strikes more hopeful notes by advocating and somewhat anticipating a post-pandemic recovery that resembles the dynamics of world order following World War II with the U.S. playing its former leadership role by recognizing the opportunities and needs for a more cooperative approach to global problems.

 

Daniel Falcone: Are there any chances for United States reform at a local or even an institutional level that can offset the political capital maintained by autocrats both here and around the world? Are we in fact, a “failed state?”

You raise an interesting question. A response must start with the disappointing observation that the 2020 election is between Trump and Biden, a familiar political figure who shaped his career around the bipartisan Cold War consensus of militarism, neoliberalism, and pro-Israeli absolutism. This orientation is what I have called elsewhere ‘the three pillars of American foreign policy’ that only Sanders dared challenge (and paid the price) as one sees what was done to his frontrunner status by the guardians of the established order. Sanders’ response that he lost the primary campaign, but his movement will go on fighting, is suggestive of the gap between the establishment world of political parties and his movement consisting of various societal domains of people that seems openly hostile to the bipartisan consensus, the deep state, and the special interest lobbies that continue to dominate not only the governing process, but also the electoral process

What is worth noticing is that even Trump despite his bombastic claims during the 2016 presidential campaign has as president paid his dues to the bipartisanship in foreign policy with his enlarged military budget, tax cuts for the richest and rollback of regulatory interferences with predatory capitalism, and the greenest light ever given to Israeli expansionism and one-statism. His only halfhearted departure from bipartisanship has been the downplaying of Euro-American alliance geopolitics.

Possibly, the autocratic edge of American politics would be dulled by a Biden presidency by more moderate judicial appointments and some effort to address gross inequalities, student debt, infrastructure, and an improved health system that encompasses the whole society. Yet, it would seem absurd to expect more from Biden, given that his principal message is ideational, a promise to restore national unity by reaching out so far as to include so-called ‘moderate’ Romney Republicans, who have never struck me as moderate except in comparison to their alt-right Republican leadership of the Trump era.

Biden’s unity message is also code language for restoring the bipartisan consensus in an overt form that would counter some of the ultra-nationalist retreat from globalization. In foreign policy we could expect a shift in tone from ‘America First’ to ‘NATO First’ as a way of differentiating his approach from that of Trump and of reaffirming faith in the Western alliance as once again the centerpiece of American foreign policy. It would be foolhardy to expect Biden after a centrist lifetime political career to pursue a progressive social and ecological agenda, yet without such an agenda we can be thankful to Biden for ending the reign of Trump while renewing our severe worries about the social and ecological shortcomings of the American governance experience given 21st century urgencies.

 

 

A Prayer in the Time of Pandemic

8 Apr

A Prayer in the Time of Pandemic

 

Affirming spirituality as the power over life and death I aspire to achieve

this spirituality that is nothing other than the blending of love and mystery

cherishing wonder at a precarious precipice, respecting knowledge

prayer seemed a weakening of spirit, a reaching out to the void, pretending

that there was someone there ready to respond, a metaphysical crutch in times of need

evading the loneliness of being when that other in our dreams is silent when and if we awake

we need not, must not, give up hope against hope, as nadezdha mandelstam never did

we need not, must not, cling to promises that can’t be kept, pretending as paul did when

praising abraham as he “believed against hope in hope” taking the greatest risk

put more simply, still falsely, in hebrews 11:1-“Now faith is the assurance of things hoped for, the conviction of things

not seen,” the assurance invented to banish uncertainty burglarizes

truth, demeaning faith as mere submission to authority, as refusal to live life fully, as refusal of the enchantments of

uncertainty, instead of continuing up mountains to heights where justice dwells, climbing as the air thins, sustained by

love by starlight truly certain and real

 

yet we can lean to see and understand anew, pushed by the crisis of the earth to open eyes more widely, prayer will be

loosened from moorings of church and state, only then becoming truly sacred: so realized, prayer becomes fervent

hope, not needing to be uttered as if a cry of desperation no longer needing assurances or false promises, prayer

becomes love and attentiveness a stone thrown from land far out falling beyond sight in an ocean of uncertainty

 

yet not lacking courage to stare at bodies piling up in churches, morgues overflowing, funerals on hold, statistics

replacing stories so that suffering stays abstract, leaders standing stiffly almost at a loss for words for the first time

ever, yet uttering prime time moonshine language as addressing sheep, confusing optimism with hope, curbing

science and scientists, treating misinformation, market-driven and gut-generated as knowledge, even wisdom

 

yet we go on listening restlessly waiting for a few words exhibiting love uncertainty, losing patience with what we hear

nightly we turn inward for knowledge for wisdom for love and outward for love for friendship invisible communities all

over the planet bonded by these fervent hopes are gathering the strength to be ready for whatever comes tomorrow

and stand by this prayer

In Time of Pandemic Praise for the UN

3 Apr

 

IN TIIME OF PANDEMIC PRAISE FOR THE UN:

The UN Secretary General Promotes Global and Human interests

(Diirector General of WHO Guides Us)

 

Points of Departure

In recent years, the UN has seemed weak, almost irrelevant to many of the most disturbing global developments. It failed to stop genocide in Rwanda (1994) and Myanmar (2017-19), it has failed over several decades to end Israeli apartheid that is victimizing the Palestinian people and find peace for Israelis and Palestinians, it authorized a limited humanitarian protective use of force in Libya that immediately turned into an unauthorized and unlawful regime-changing intervention by NATO in Libya that brought ongoing chaos to the country, it has unacceptably stayed on the sidelines throughout Syrian and Yemeni ordeals as strife, massive civilian displacement, intervention, along with repeated crimes against humanity, were making a mockery of international humanitarian law, and it watched while disastrous fires burned out of control in the Amazon rainforest and Australia.

 

The UN is not an autonomous organization, and cannot be faulted for its failures, but its members can. The UN is essentially a political club run for the almost exclusive benefit of its member sovereign states, themselves largely controlled by its most powerful members. This control is exercised by way of funding, voting procedures, and informal modes of exerting influence within the Organization. The UN Charter provides a constitutional framework, which if it could engender compliance, would produce major, desirable, and fundamental global reforms, but the Charter says one thing, while international relations continue to operate according to the logic of militarism and geopolitics.  As well, there are some internal tensions written into the Charter, which contains unworkable procedures for taking account of changes in international life, including amending the text. This has given the UN a partially frozen image responsive to the realities of 1945, but increasing out of sync with the world of today.

 

During the Cold War the inability of the UN to fulfill its promises with respect to peace and security were largely explained by reference to paralyzing encounters between ‘the free world’ and ‘the Soviet bloc.’ Yet, after the collapse of the Soviet Union when a new consensus emerged among Permanent Members of the Security (P-5) not much changed. Many governments showed that they wanted to uphold sovereignty rights rather than be held internationally accountable according to standards set by human rights treaties or by reference to international law. The United States, in particular, insisted on freedom of geopolitical maneuver for itself and its allies, while pushing hard for accountability when dealing with adversaries. It became clear that a weak UN was consistent with the political priorities of almost all of its members, some sovereignty-oriented, a few geopolitically-oriented. At the same multilateralism, based on mutual benefit and global bargains gave the UN a useful role in facilitating global cooperation for the first fifty or so years of it existence, yet surprisingly not in the last 25 years up to the present.

 

These structural explanations of UN weakness were reinforced by cyclical political changes in the governing style of many important states. The rise of ultra-nationalist reactions to the failures of neoliberal globalization as post-Cold War and post-industrial capitalism revealed its predatory characteristics if not somewhat tamed by countervailing forces accentuated the state-centric framework of international relations that was implicitly hostile to any sources of authority external to the national political order. The kind of political leaders that were elected in dominant countries (U.S., UK, Brazil, India, Japan) exemplified this inward autocratic turn that was particularly opposed to global governance that accorded prominence to the United Nations. It reinforced autocratic trends in middle power democracies (Philippines, Turkey), as well as the embrace of ultra-nationalism by important non-democratic autocracies (Russia, China, Saudi Arabia, Egypt).

 

 

The UN Speaks for the Peoples of the World

 

Against such a background, it might come as a surprise that the UN has played an important role since a crisis awareness unfolded as the COVID-19 challenge became global in scope and severe in depth. The first sign of UN significance was the extent to which governments, the media, and the public looked to and depended upon the World Health Organization (WHO) for information and guidance. Although the WHO was not one of the political organs whose work is generally regarded as indicative of the success or failure of the UN as a world organization, it was ‘a specialized agency’ within the UN System that long had gathered and disseminated information about health issues, and performing vital roles for countries that lacked sophisticated national health services of their own.

 

What the COVID-19 experience made clear was the importance of information to virtually every person and governmental body on the planet, and the degree to which the WHO and its Director General were quickly established as a valued source of reliable and trustworthy information. The geopolitical rivalry between the U.S. and China, as well as a variety of conspiracy theories explaining the outbreak of the disease cloud our understanding of origins and nature of threat, and what to do about it. This sense of confusion is heightened by lots of huckstering claims being made on behalf of exotic products that purport to strengthen immune systems and resistance to the disease, as well as calls to adopt untested preventive tactics and unconventional treatments. Given such considerations, establishing public trust and informational reliability become paramount goals, and WHO and Tedros Adhanan Grebreyerus, its Director General, have risen to the occasion, gaining media credibility and worldwide respect.

 

The dramatic highpoint of WHO came on March 11th when this expert UN body officially declared that the Coronavirus disease causing a worldwide health crisis was a pandemic. Such a declaration was quickly adopted by governments, media, and publics around the world, escalating preventive efforts in the form of lockdowns, travel restrictions, self-isolation, and social distancing overnight. It was a tribute to the quasi-authoritative status on such matters that WHO achieved along with the recognition that no other comparable source of guidance or pronouncement existed in the world. What is more, the WHO determination came after a persuasive show of reluctance to alarm the world prematurely by invoking the incendiary word ‘pandemic.’ In retrospect, it is obvious that pandemic is to health what genocide is to human rights. Where the language of pandemic is appropriate, it is crucial to have such conditions authoritatively identified, and where conditions do not warrant arousing global alarm it is as important to refrain from inflammatory language. Also, relevant is that despite the diversity of perspectives in the world, no serious effort has been made to challenge the WHO’s pronouncement. This is an impressive defiance of the ultra-nationalist mood that has previously dominated policymaking in the last five or so years, and exhibited distrust and disrespect for the UN and its pronouncements.

 

A second reason that the UN has achieved an enhanced reputation during this period is that the voice of António Guterres, the UN Secretary General, has seemed to articulate proposals that transcend statist and geopolitical orientations, and take their cue from ideas about the wellbeing of humanity, as well as in support of global interests, rather than put manifest nationalistic approaches involving exclusions, walls, and militarized boundaries. So far national and geopolitical leaders have responded to the Guterres call for the suspension of economic sanctions or even more radically, for ‘a global ceasefire’ with silence. Geopolitical actors, especially the U.S. are unwlling to acknowledge the inappropriateness of maintaining sanctions and coercive diplomacy during the pandemic, but neither are such governments likely to criticize the Secretary General openly for speaking out, although arguably his reselection for a second term may have been placed in doubt. In this sense, Guterres has given renewed credibility to the idea that the head of the UN is the world’s leading moral authority figure, a position previously probably most widely accorded to Pope Francis, but with less global outreach as speaking on behalf of the Catholic Church.

 

What this pandemic has already made clear to many persons is the need for a normative global discourse when it comes to health, which as suggested here, means trust, reliability, and comprehensive and useful information, as well as moral leadership that is not being provided by either states or geopolitical actors. The UN stepped forward to fill this discursive gap in a manner that has already had an impact. Of course, whether a health crisis of pandemic proportions is a stepping stone to normative globalism on other issues can be hoped for, but is far from assured. In fact, there are reasons to be skeptical. Despite the magnitude of the pandemic crisis, the most geopolitical tinged organ of the UN, the Security Council, has not even spoken out to date, much less responsibly performed its cardinal role as guardian of the peace and security of the peoples of the world. If global governance reflected rationality and humane values, rather than hegemonic and nationalistic values, this Coronavirus authoritative discourse at the UN should be directly transferable to climate change, the overall ecological agenda, and fashioning a humane response to migrations flows. Such UN learning and adaptations outside the health domain seems doubtful at this point as doing so would amount to mounting successful challenges to the geopolitical discourse that has controlled the UN since its inception.

 

 If for Health, Why Not Climate Cnage, Biodiversity, Migration?

It had been previously evident that global cooperation was needed to address climate change and related ecological issues, and the UN did provide auspices for the Paris Climate Change Agreement in 2015, which has lagged subsequently, being a casualty of ultra-nationalist dismissal of global policy priorities and Trump’s withdrawal of the United States from further participation in the agreement, the leading per capita source of carbon emissions. There is no doubt that the pandemic has demonstrated the pragmatic benefits of a cooperative approach, as opposed to reliance on competitive national interest approaches to addressing problems causing serious harm and threats of truly global scope. The same benefits of cooperation evident in relation to a pandemic exist with respect to climate change and biodiversity, and to some extent more dramatically, as the dangers of such scientifically established trends are more knowable and menacing, while becoming less reversible than are singular events such as an outbreak of the COVID-19 disease.

 

Despite this, health is more amenable to a global approach than climate change or biodiversity even though the latter concerns possess a global reach that is beyond reasonable doubt. Perhaps the most salient difference relates to time/space characteristics. The pandemic is here and now, with people dying the world over on a daily basis digitally portrayed in real time, while the impacts of climate change and biodiversity, although certainly having present impacts, are perceived as being largely situated in the future or in mostly geographically remote and limited locales, thus remaining abstract and without mobilizing capability to aarouse the general public, and for this reason tend to become controversial, scorned and rejected by those whose material interests or religious outlook might suffer from timely adjustment. Perhaps, even more explanatory than reference to the interests at stake, is the related issue of the psychological relevance of concreteness. A Coronavirus infection threatens with lethal immediacy the body of every individual inhabiting the planet, and by now most persons know someone who has suffered from the disease. COVID-19 is not a matter of a dispersed threat such as arises from global warming or the seemingly remote threat that arises from the destruction of rainforests or a lessening of biodiversity. Finally, the authority of the UN with respect to health does not encroach upon traditional spheres of territorial sovereignty as is the case with peace and security and with the regulation of private and public sector activity that does harm to the environment. Even the Paris Agreement did not attempt to regulate military causes of carbon dissemination or impose remedies for non-compliance with national pledges to reduce carbon emissions.

 

Concluding Observations

In conclusion, there is much to learn from the pandemic even at this early stage, and possibly, as time passes a more impressive learning curve will become evident in reaction to the spread and prolonged character of this health crisis. There is little doubt that many governments will learn the lessons of the last war, and be better prepared with respect to the availability of adequate medical facilities to address future large-scale epidemics, including pandemics. And maybe, if civil society activism is alert to the opportunity, some spillover effects will occur leading to a renewed readiness of governments to cooperate for the sake of promoting global interests and protecting global public goods, and in the process reinvigorating the UN as a necessary site of authority, information, cooperation, and institutional legitimacy. It is also quite possible that the UN will be quickly remarginalized as private sector and governmental energies are focused on economy recovery in forms that benefit big constellations of capital and finance.

 

One additional cautionary observation seems appropriate. What the WHO and the SG of the UN have so far done during the health crisis, while worthy of headlines, posed no direct challenge to sovereignty or geopolitics. It is discursive with no behavioral or direct policy claims, although investing the crisis with the stature of a pandemic did have distinct, and perhaps profound effects, on national responses and public awareness. The grounds for low expectations is strengthened by the failure of the Security Council to step forward with initiatives or even commentary. The Security Council’s discursive silence is rather startling under the circumstances, failing even to encourage recourse to global mechanisms fostering regional and global cooperative responses. The fact that this most statist dimension of the UN had nothing to offer in the face of a global emergency of unprecedented globality and severity offer a guide to what the UN can and cannot do. Such a failure is less that of the UN as an institutional matrix than it is of the nature of geopolitically managed global governance, which has used the Security Council as a subsidiary instrument of control. Furthermore, health has an apolitical essence that is associated with the widespread belief in the sacredness of life, and thus offers resistance to the kind of cost/benefit thinking that is much weaker when the concerns are about economic activity or the sovereignty and security priorities of militarized states.