The Asian Peoples’ Movement on Debt and Development joined climate campaigners in June in The Philippines’ financial district to sound the alarm on several Asian companies for their continued financing of fossil fuels amid the climate emergency / Twitter/AsianPeoplesMovement
The Asian Clean Energy Forum (ACEF) 2021, a meeting of hundreds of civil society organizations and others interested in clean energy policy, was underway on June 15 in Manila, The Philippines, when one session came to a halt.
An Asian-led network of over 250 civil society organizations from around the world called NGO Forum on ADB decided to disengage from a session it was co-hosting alongside the Asian Development Bank (ADB). The session in question was about ADB’s draft energy policy. ADB is a multilateral bank that finances development projects, specifically involving fossil fuel energy across Asia.
“The focus of the ACEF discussions were topics like energy transition and of course these are important,” said Lidy Nacpil, coordinator of the Asian Peoples’ Movement on Debt and Development (APMDD), a member organization of the NGO Forum on ADB. “But we believe their approach to transition is not fast enough and not ambitious enough considering what we need to prevent climate catastrophe.”
In May 2020, the ADB released a draft of its energy policy. Titled “Energy Policy: Supporting Low Carbon Transition in Asia and the Pacific,” the document is a revision of the bank’s 2009 energy policy. The draft signals a shift away from coal financing, but it allows for financing of natural gas projects. And so, given a nod for continued financing of fossil fuel projects in an era of climate change, ADB’s energy policy has been criticized. Whether the bank will actually engage with such criticism though is another question.
“ADB has opened up consultations with civil society groups, but the meetings for these consultations are very brief,” Nacpil said. “There isn’t enough space for dialogue and debate about important passages in the energy draft, like the usage of false solutions like carbon capture and storage.”
Scientists have criticized technologies like carbon capture and storage for being “expensive, energy intensive, risky and unproven.”
The reasons for disengaging from the clean-energy forum included the lack of transparency, inclusivity and meaningful consultation with civil society in the ADB energy-policy review process. For many civil society organizations from across central, southern and southeast Asia, they did not experience anything but a one-sided push aimed at informing rather than engaging with participants.
NGO Forum on ADB added the ADB Sustainable Development and Climate Change Department (SDCC) has not provided any information about the timeline for consultations or the process by which inputs provided by groups like NGO forum on ADB will be taken into account before the draft is finalized.
This reporter sent questions to Bruno Carrasco, director general and chief compliance officer of the ADB SDCC regarding the lack of transparency and a need for Engagement, but received no comment.
Grassroots Voices Left Out
“The name ‘Asian Clean Energy Forum’ is a misnomer. ACEF is neither Asian nor clean,” said Vidya Dinker, national president of the Indian Social Action Forum (INSAF) and coordinator of Growthwatch, a research and advocacy group in India. INSAF is another member of NGO Forum on ADB. “It’s a networking event for ADB to reach out to people who they think will broaden their reach and business.”
In a press briefing held on June 18, Hasan Mehedi from the Coastal Livelihood and Environmental Action Network (CLEAN) Bangladesh, said, “ADB is continuing to finance fossil fuels including Liquified Fossil Gas and Waste to Energy while global scientific communities warn about any further investment for fossil fuels.” But Mehedi said ADB has yet to reach out to the project-affected communities on the ground. “Without consulting the affected communities and local civil society, how can ADB finalize such an important policy which has a direct impact on local communities and on the environment?”
Nacpil noted a need to “overhaul” ADB as an institution. The reasons, she explained, includes “neoliberal paradigm and strategies,” “undemocratic governance system” and the “use of loans as leverage to reshape Asian economies, according to its private sector and market driven growth framework.”
In a statement submitted as part of the Fossil Free ADB campaign, APMDD said “financing of fossil fuel projects has largely been in the form of loans. In addition to the grave impacts and implications of its fossil fuel financing on people, communities and on the climate, we are also deeply concerned that ADB’s fossil fuel financing has also exacerbated the debt burdens of its member countries. It is only fitting that the ADB Energy Policy Review also address the loans involved in its fossil fuel financing.”
The Fossil Free ADB campaign is aimed at ensuring a “no fossil fuels” ADB energy policy. It is organized by a group of civil society organizations, researchers and activists, including NGO Forum on ADB, Asian Peoples’ Movement on Debt and Development (APMDD), 350.org and the Consortium for Energy, Environment and Demilitarization.
The Therma Visayas Energy Project is a 340-megawatt (MW) coal-fired power plant operating since 2019 in Cebu Province, Philippines.
APMDD called on ADB to adopt a policy and take action that will address accountability for impacts of ADB-financed coal projects and ways to ease the debt burden created by ADB lending, especially lending to harmful projects.
“In their draft energy policy, they acknowledge coal projects have been problematic and that’s why we need to shift to clean energy now,” Nacpil explained. “But they are not taking into consideration the economic impacts of the projects they have funded, the kind of financial burden these projects have brought to countries.”
Rayyan Hassan, executive director of NGO Forum on ADB, said that with ADB’s coal ban having yet to be implemented, it is logical to consider calls for decommissioning old plants and the loans associated with them. Examples of such plants include the Masinloc and Visayas thermal power plants in The Philippines, the Tata Mundra coal plant in India, and Jamshoro coal plant in Pakistan.
In response to questions about debt relief, Dr. Yongping Zhai, chief of the energy sector group at ADB said that for ADB, “offering any form of debt relief to any of its borrowing member countries will compromise its preferred creditor status, which underpins ADB’s strong credit ratings. Our strong credit rating is critical for ADB to offer low-cost funding to all borrowing member countries, in support of their development efforts.”
“Yongping Zhai is speaking as a banker, not a development banker who is concerned about member countries’ debt burdens,” Dinker said.
As of now, the draft energy policy does not specify if any debt relief will be provided in relation to fossil fuel projects. It remains to be seen if this undergoes a change as deliberations with civil society groups and activists move ahead. The draft is up for submission to ADB’s board of directors later this year.
Rishika Pardikar is a freelance journalist in Bangalore, India.
A Saharawi refugee camp in the Tindouf province of Algeria / credit: European Commission DG ECHO
Editor’s Note: The following represents the writer’s analysis about a disputed area known as “Western Sahara” and was produced byGlobetrotter.
In November 2020, the Moroccan government sent its military to the Guerguerat area, a buffer zone between the territory claimed by the Kingdom of Morocco and the Sahrawi Arab Democratic Republic (SADR). The Guerguerat border post is at the very southern edge of Western Sahara along the road that goes to Mauritania. The presence of Moroccan troops “in the Buffer Strip in the Guerguerat area” violated the 1991 ceasefire agreed upon by the Moroccan monarchy and the Polisario Front of the Sahrawi. That ceasefire deal was crafted with the assumption that the United Nations would hold a referendum in Western Sahara to decide on its fate; no such referendum has been held, and the region has existed in stasis for three decades now.
Map of the disputed Western Sahara, with a red pin marking the location of Guerguerat, a town on the border with Mauritania / credit: Google
In mid-January 2022, the United Nations sent its Personal Envoy for Western Sahara, Staffan de Mistura, to Morocco, Algeria and Mauritania to begin a new dialogue “toward a constructive resumption of the political process on Western Sahara.” De Mistura was previously deputed to solve the crises of U.S. wars in Afghanistan, Iraq and Syria; none of his missions have ended well and have mostly been lost causes. The UN has appointed five personal envoys for Western Sahara so far—including De Mistura—beginning with former U.S. Secretary of State James Baker III, who served from 1997 to 2004. De Mistura, meanwhile, succeeded former German President Horst Köhler, who resigned in 2019. Köhler’s main achievement was to bring the four main parties—Morocco, the Polisario Front, Algeria and Mauritania—to a first roundtable discussion in Geneva in December 2018: this roundtable process resulted in a few gains, where all participants agreed on “cooperation and regional integration,” but no further progress seems to have been made to resolve the issues in the region since then. When the UN put forward De Mistura’s nomination to this post, Morocco had initially resisted his appointment. But under pressure from the West, Morocco finally accepted his appointment in October 2021, with Moroccan Foreign Minister Nasser Bourita welcoming him to Rabat on January 14. De Mistura also met the Polisario Front representative to the UN in New York on November 6, 2021, before meeting other representatives in Tindouf, Algeria, at Sahrawi refugee camps in January. There is very little expectation that these meetings will result in any productive solution in the region.
Abraham Accords
In August 2020, the United States government engineered a major diplomatic feat called the Abraham Accords. The United States secured a deal with Morocco and the United Arab Emirates to agree to a rapprochement with Israel in return for the United States making arms sales to these countries, as well as for the United States legitimizing Morocco’s annexation of Western Sahara. The arms deals were of considerable amounts—$23 billion worth of weapons to the UAE and $1 billion worth of drones and munitions to Morocco. For Morocco, the main prize was that the United States—breaking decades of precedent—decided to back its claim to the vast territory of Western Sahara. The United States is now the only Western country to recognize Morocco’s claim to sovereignty over Western Sahara.
When President Joe Biden took office in January 2021, it was expected that he might review parts of the Abraham Accords. However, U.S. Secretary of State Antony Blinken made it clear during his meeting with Bourita in November 2021 that the U.S. government would continue to maintain the position taken by the previous Trump administration that Morocco has sovereignty over Western Sahara. The United States, meanwhile, has continued with its arms sales to Morocco, but has suspended weapons sales to the United Arab Emirates.
Phosphates
By the end of November 2021, the government of Morocco announced that it had earned $6.45 billion from the export of phosphate from the kingdom and from the occupied territory of Western Sahara. If you add up the phosphate reserves in this entire region, it amounts to 72 percent of the entire phosphate reserves in the world (the second-highest percentage of these reserves is in China, which has around 6 percent). Phosphate, along with nitrogen, makes synthetic fertilizer, a key element in modern food production. While nitrogen is recoverable from the air, phosphates, found in the soil, are a finite reserve. This gives Morocco a tight grip over world food production. There is no doubt that the occupation of Western Sahara is not merely about national pride, but it is largely about the presence of a vast number of resources—especially phosphates—that can be found in the territory.
Detailed map of Western Sahara, showing borders with Morocco, Algeria and Mauritania / credit: Kmusser, based primarily on the Digital Chart of the World, with UN map and commercial atlases (Rand McNally, Google, Encarta, and National Geographic) used as references
In 1975, a UN delegation that visited Western Sahara noted that “eventually the territory will be among the largest exporters of phosphate in the world.” While Western Sahara’s phosphate reserves are less than those of Morocco, the Moroccan state-owned firm OCP SA has been mining the phosphate in Western Sahara and manufacturing phosphate fertilizer for great profit. The most spectacular mine in Western Sahara is in Bou Craa, from which 10 percent of OCP SA’s profits come; Bou Craa, which is known as “the world’s longest conveyor belt system,” carries the phosphate rock more than 60 miles to the port at El Aaiún. In 2002, the UN’s Under-Secretary General for Legal Affairs at that time, Hans Corell, noted in a letter to the president of the UN Security Council that “if further exploration and exploitation activities were to proceed in disregard of the interests and wishes of the people of Western Sahara, they would be in violation of the principles of international law applicable to mineral resource activities in Non-Self-Governing Territories.” An international campaign to prevent the extraction of the “conflict phosphate” from Western Sahara by Morocco has led many firms around the world to stop buying phosphate from OCP SA. Nutrien, the largest fertilizer manufacturer in the United States that used Moroccan phosphates, decided to stop imports from Morocco in 2018. That same year, the South African court challenged the right of ships carrying phosphate from the region to dock in their ports, ruling that “the Moroccan shippers of the product had no legal right to it.”
Only three known companies continue to buy conflict phosphate mined in Western Sahara: Two from New Zealand (Ballance Agri-Nutrients Limited and Ravensdown) and one from India (Paradeep Phosphates Limited).
Human Rights
After the 1991 ceasefire, the UN set up a Mission for the Referendum in Western Sahara (MINURSO). This is the only UN peacekeeping force that does not have a mandate to report on human rights. The UN made this concession to appease the Kingdom of Morocco. The Moroccan government has tried to intervene several times when the UN team in Western Sahara attempted to make the slightest noise about the human rights violations in the region. In March 2016, the kingdom expelled MINURSO staff because then-UN Secretary-General Ban Ki-moon referred to the Moroccan presence in Western Sahara as an “occupation.”
Pressure from the United States is going to ensure that the only realistic outcome of negotiations is for continued Moroccan control of Western Sahara. All parties involved in the conflict are readying for battle. Far from peace, the Abraham Accords are going to accelerate a return to war in this part of Africa.
Top, left to right: Mumia Abu Jamal, Julian Assange and Alex Saab. Bottom, left to right: Leonard Peltier, Rev. Joy Powell and Veronza Bowers / photo illustration: Multipolarista
Editor’s Note: This article originally appeared in Multipolarista.
The United States constantly accuses its adversaries of holding political prisoners, while insisting it has none of its own. But for its entire history, the U.S. government has used incarceration of its political opponents as a tool to crush dissent and advance the interests of economic elites.
Well-known cases are those entrapped or framed in U.S. national security state sting operations, or imprisoned with extreme sentences for a minor offense because of their political activism, such as Black revolutionary George Jackson.
Each period of struggle by the working class and oppressed peoples against ruling-class control results in some activists locked up for their revolutionary work. “Political prisoner” has often meant those revolutionaries jailed for fighting their national oppression, as is the case with a great number of Black Panthers.
In contrast, a century ago, most political prisoners in the United States were Marxists, labor organizers, and anti-war activists, such as Joe Hill, Eugene Debs, and Big Bill Haywood.
Today, the U.S. national security state considers its most dangerous enemies those who expose its crimes at home and abroad.
There are also many thousands of incarcerated people who never received a fair trial, or were innocent of the crimes they have been jailed for. A high percentage of them are non-white, peoples subject to second-class citizenship in the United States. A number are executed, such as Troy Davis, or spend their whole lives in prison.
While the United States represents just over 4 percent of the world’s population, it holds approximately 20 percent of its prisoners. Black people are imprisoned at five times the rate of whites.
The following list of political prisoners currently detained by the U.S. government categorizes them into seven groups:
national security state employees and reporters locked up for publicizing blatant government criminality
representatives of foreign governments that Washington seeks to overthrow who were imprisoned for “violating” illegal unilateral U.S. sanctions
Black, Indigenous, and Latinx revolutionaries fighting for the rights of their peoples
Arabs and Muslims targeted after 9/11
prisoners detained in the Guantánamo torture center without charges
women locked up for defending themselves against violent attacks
environmental activists
1. Journalists and National Security State Employees Exposing Illegal U.S. Surveillance Operations and War Crimes
A number of whistleblowers in the United States have previously been imprisoned or are wanted. These have included:
Julian Assange is a renowned journalist and editor of WikiLeaks who was arrested in 2019 in the Ecuadorian embassy in London, where he had political asylum since 2012. In April 2022, a British judge ordered Assange extradited to the United States to face up to 175 years in prison for publishing truthful information about the wars in Iraq and Afghanistan. The United States has indicted Assange under the Espionage Act, even though he published the same information as did the New York Times and Washington Post.
Researcher Mark Weisbrot explained in 2017, “Julian Assange is a political prisoner. … His crime, and that of WikiLeaks, has been the practice of journalism, and particularly in defense of human rights and civil liberties. … Assange and WikiLeaks’ real offense was to expose the crimes of the most powerful people in the world.”
Daniel Hale has been imprisoned since 2019. He was sentenced to 45 months for releasing documents showing U.S. military drone strikes in Afghanistan largely killed innocent people. Hale participated in the drone program while in the Air Force and NSA from 2009 to 2013, and later became an outspoken critic and a defender of whistle blowers.
Hale is believed to have been the source material for The Drone Papers. The documentary National Bird documents whistleblowers in the U.S. drone assassination program. For his truth-telling, Hale received the Sam Adams Award for Integrity in Intelligence and the Blueprint for Free Speech International Whistleblowing Prize. Chris Hedges has written about his case.
Joshua Schulte, a former hacker employed by the CIA, was blamed for releasing two billion pages of secret CIA data, known as Vault 7, to WikiLeaks. Vault 7 programs were CIA techniques used to compromise Wifi networks, hack into Skype, defeat anti-virus software, hack Apple and Android smartphones in overseas spying operations, turn internet-connected televisions into listening devices, and commandeer the guidance systems in cars.
Schulte has been imprisoned since 2018 and faces up to 80 years, in brutal conditions similar to those endured by Assange today.
Ana Belén Montes was a Defense Intelligence Agency (DIA) analyst who alerted Cuba of U.S. plans of aggression. She was arrested in 2001, pleaded guilty to conspiracy to commit espionage, and was held in solitary confinement in Fort Worth, Texas for most of her 21 years behind bars.
Montes told the judge, “I consider that the policy of our government towards Cuba is cruel and unjust, deeply unfriendly; I considered myself morally obligated to help the Island defend itself from our efforts to impose our values and our political system on it. We have displayed intolerance and contempt for Cuba for four decades. We have never respected Cuba’s right to define its own destiny, its own ideals of equality and justice. I do not understand how we continue to try to dictate. … how Cuba should select its leaders, who its leaders should not be and what laws are the most appropriate for that nation. Why don’t we let them decide how they want to conduct their internal affairs.”
2. Foreigners Imprisoned for ‘Violating’ Illegal U.S. Sanctions on Their Countries
Mun Chol Myong is a North Korean was extradited and imprisoned in the United States on March 20, 2021. Mun was arrested in Malaysia in May 2019 after a Washington, DC judge issued a warrant for his arrest. His supposed “crime” of conspiracy and money laundering in fact consisted of supplying needed goods to the DPRK by circumventing U.S. sanctions on the country.
A top Justice Department official claimed foreigners who have never been in the United States can be extradited to it for violating domestic laws. The United States has enforced a blockade against North Korea since 1950, the start of the U.S. war on Korea, designed to cripple its economic and social development.
Alex Saab, a Venezuelan diplomat, was jailed on June 12, 2020 in Cabo Verde on orders of the United States. He was then seized by U.S. agents and brought to a Miami prison on October 16, 2021.
As a diplomat, Saab has immunity from detention based on the UN Vienna Convention of 1961. The UN Human Rights Commission and other international human rights defenders have denounced his extradition. The National Lawyers Guild calls for Saab’s immediate release.
Simón Trinidad (Ricardo Palmera) was a long-time leader in mass movements for social change in Colombia, and is a top negotiator for the Revolutionary Armed Forces of Colombia (FARC). In 2003, he was sent to Ecuador to make contact with UN official James Lemoyne, as part of efforts to revive peace talks with the Colombian government, and begin communication on the exchange of prisoners of war.
He was captured in Ecuador in 2004 and then extradited to the U.S. on charges of narco-trafficking and kidnapping, and subjected to four separate trials, due to repeated mistrials. Ultimately, he was sentenced to 60 years at the Florence “Supermax” prison in Colorado.
Meng Wanzhou, the chief financial officer and deputy chair of the board of Chinese tech giant Huawei, was imprisoned in Canada in 2018 on a U.S. extradition request, after Washington accused her company of misleading British bank HSBC over its business dealings in Iran, thereby violating its illegal unilateral sanctions. Meng was released in September 2021.
3. Fighters for Their People’s National Oppression Against Second-Class Citizenship
Many Black political prisoners in the United States were targets of the police state’s Counter Intelligence Program (COINTELPRO) in the 1960s and ’70s, when the FBI sought to destroy the movement for Black freedom.
As journalist Glen Ford explained, “If you attempt to lead Black people on an independent political path, the U.S. state will seek to neutralize you, imprison you, or kill you. If you exercise your right to defend yourself, and your people, from the oppressive arm of the state, they make you into an outlaw, and hunt you down.”
The FBI said it goals in COINTELPRO were to “expose, disrupt, misdirect, discredit, or otherwise neutralize,” adding that “no opportunity must be missed to exploit through counterintelligence techniques … for maximum effectiveness … and a final goal should be to prevent the long range growth of militant black organizations, especially among youth.”
This police state operation against Black liberation resulted in at least 38 Black Panther Party members being killed, including Fred Hampton and Mark Clark, with hundreds more imprisoned on frame-up charges for their armed self-defense actions, several for more than 45 years.
Mumia Abu-Jamal is the most prominent former Black Panther political prisoner. In 1981, COINTELPRO style, he was sentenced to death for the murder of a Philadelphia cop. Judge Albert Sabo, who ruled in his case and in his appeals, was heard by a court reporter to state “I’m going to help them fry the ni**er.” Black jurors were excluded. Witnesses were bribed and threatened to lie on the stand. Documents were hidden in the state prosecutor’s office.
Leonard Peltier was an activist in the American Indian Movement (AIM) whose goal was to organize Indigenous communities to stand up for their rights. Sentenced to life as a result of a COINTELPRO operation, he has been imprisoned for 46 years for killing two FBI agents. Peltier participated in the AIM encampments on the Pine Ridge Reservation, where a 1975 shootout instigated by the FBI occurred.
Some 64 Native Americans, most with ties to AIM, were murdered. Their deaths went uninvestigated by the FBI. Evidence exonerating Peltier in the FBI case was withheld by the FBI. In his appeals, the government admitted it had no evidence he killed the two FBI agents, suppressed evidence proving this, and fabricated other “evidence.”
The other AIM members tried for the killings were exonerated in trial by reason of self-defense. One prosecutor admitted, “Your honor, we do not know who killed those agents. Further, we don’t know what participation, if any, Mr. Peltier had in it.”
Amnesty International, Nelson Mandela, Desmond Tutu, the American Association of Jurists, and 54 Congresspeople, among many others, have called for his freedom. The film “Incident at Ogala,” produced by Robert Redford, and the best-selling book “In the Spirit of Crazy Horse: The Story of Leonard Peltier and the FBI’s War on the American Indian Movement” made the case widely known. More information can be found at the websites whoisleonardpeltier.info and Peltier’s Prison Writings.
Mutulu Shakur, of the Republic of New Afrika movement, participated in presentations to the UN on discrimination experienced by Black communities, and by 1970 a target of the FBI’s COINTELPRO infiltration. He helped free Assata Shakur from prison in 1979, and she now has a bounty on her head.
In 1988 he was convicted of conspiracy related to a 1981 robbery where a guard and two police officers were killed, and sentenced to 60 years. At no time did the evidence show that Mutulu Shakur killed anyone.
He was also convicted for aiding in the prison escape of Assata Shakur, who has asylum in Cuba.
At two trials the evidence indicated others were responsible for the deaths (one became a government witness in return for a sentencing deal). The remaining defendants were acquitted for the murder allegations. More information can be found at mutulushakur.com and the Jericho Movement.
Jamil Abdullah al-Amin (H. Rap Brown) was chairman of Student Nonviolent Coordinating Committee (SNCC) and a Black Panther leader. FBI boss J. Edgar Hoover himself named H. Rap Brown – along with Stokely Carmichael, Elijah Muhammad, and Maxwell Stanford – as targets of COINTELPRO.
In a October 1971 standoff with police, he was shot and seized, and spent five years in Attica prison. From 1992 to 1997, the FBI closely surveilled Al-Amin, generating pages of 44,000 documents. In 2000, two sheriffs came to Al-Amin’s store with a warrant for failure to appear in court for a case later thrown out. Both were shot and one killed. Al-Amin was sentenced to life without parole, even though Otis Jackson confessed to the shootings. More information is available at whathappened2rap.com.
Veronza Bowers was an organizer in the Black Panther Party in the late 1960s. He has been imprisoned for 49 years for the murder of a U.S. park ranger, on the word of two government informers. There were no eye witnesses and no other independent evidence. See more at veronza.org and prisonersolidarity.com.
Ed Poindexter and Mondo we Langa (who died in prison in 2016) were leaders of the Black Panthers in Omaha, Nebraska in the 1960s, and targets of COINTELPRO. Both men were given life sentences on charges of killing a policeman. They were convicted on the testimony of a teenager who was beaten by the police and threatened with the electric chair if he did not incriminate Poindexter and Mondo.
Amnesty International has identified them as “prisoners of conscience.” Poindexter has been imprisoned for 52 years. The book “FRAMED: J. Edgar Hoover, Cointelpro and the Omaha Two story” and the documentary “Ed Poindexter & Mondo We Langa” offer more information.
Kamau Sadiki (Freddie Hilton), was a member of the Black Panther Party and Black Liberation Army, and close to Assata Shakur. He has been imprisoned since 2002, for a 1971 murder of a police officer. Back in 1971, two witnesses failed to identify Kamau from a line-up, and there was no physical evidence that implicated Sadiki, so the case was closed.
In 2002 Kamau was re-arrested and sentenced to life imprisonment for the killing – only after he refused to work with the government to induce Assata Shakur to leave Cuba for another country, where they could seize her. See more at freekamau.com.
Joy Powell organized protests against police brutality and corruption, demanding accountability for its victims, which led her to be targeted by the Rochester Police Department. In 2006, Powell was convicted by an all-white jury and sentenced to 16 years for burglary and assault. No evidence or eyewitnesses linked her to the crime.
Alvaro Luna Hernandez (Xinachtli) is a Texas activist for Chicano rights and against police brutality. He was continually targeted by the police, who in 1996 attempted to arrest him on a spurious robbery charge that was later dismissed. The police used violence to arrest him, and Hernandez was sentenced to 50 years in prison on trumped up charges of threatening a sheriff while resisting arrest. More information can be found at freealvaro.net and prisonersolidarity.com.
more than half of all alleged terrorism cases involved the use of paid informants who were usually responsible for concocting the plots in collusion with the FBI. Sensationalistic media coverage of the most high-profile cases almost never made mention of the fact that these terrorist conspiracies were the work of FBI informants.
…
the FBI has built a network of more than 15,000 registered informants whose primary purpose is to infiltrate Muslim communities to create and facilitate phony terrorist plots so that the bureau can then claim it is winning the War on Terror … the FBI engaged in a witch hunt, convicting hundreds of Muslims on pretext terrorism charges, even though the government knew that the defendants were not in communication with international terrorists, had not injured a single person or piece of property, and had no means to carry out a terrorist attack even if they wanted to.
For the government to tell the truth about the convictions would have undercut their own prosecutions, and exposed hundreds of Muslim convictions for the sham they were. No matter how innocent the government knew the defendants to be, it apparently decided that they had to publicly treat the defendants as the worst of the worst, or lose the fear factor which they had used so effectively to enact harsher laws.
Holy Land 5: Shukri Abu-Baker and Ghassan Elashi of the Holy Land Foundation were each sentenced in 2008 to 65 years in prison. Three others were sentenced to 13-20 years: Mufid Abdulqader, Mohammad El-Mezain (released and deported to Turkey in 2022) and Abdulrahman Odeh (released in 2020). All were imprisoned for giving more than $12 million to charitable groups in Palestine which funded hospitals and schools and fed the poor and orphans.
The U.S. government said these groups were controlled by Hamas, which it lists as a terrorist organization, even though it is the elected government of Gaza. Some of these charitable groups still received U.S. funds through USAID as late as 2006.
Testimony was given in the case by an Israeli government agent whose identity and evidence was kept secret from the defense. This marked the first time in U.S. legal history that testimony has been allowed from an expert witness with no identity, therefore making them immune from perjury. The book “Injustice: The Story of the Holy Land Foundation Five” details the case.
Aafia Siddiqui is a U.S.-educated Pakistani neuroscientist who came to the United States in 1990, then returned to Pakistan with her family in 2002. In 2003, she was kidnapped by U.S. and Pakistani agents and held in Bagram Air Base through 2008. She was convicted of attempted murder of her U.S. interrogators in Afghanistan in 2008—though she was the person shot—and sentenced to 86 years in prison in Fort Worth, Texas. The weapon she allegedly fired in the interrogation room did not have her fingerprints, nor was there evidence the gun was fired.
Four British parliamentarians wrote to President Barack Obama that “there was an utter lack of concrete evidence tying Dr Siddiqui to the weapon she allegedly fired at a U.S. officer,” and that she should be freed immediately. Former Attorney General Ramsey Clark described Aafia’s plight as the “worst case of individual injustice I have ever witnessed.” More information is available at aafia.org and aafiamovement.com.
5. Arab/Muslim Prisoners Tortured and Locked Up Without Trial at Guantanamo
Since 2002, a total of 779 Muslim men and boys as young as 10 have been seized and held at Guantánamo, a military base in Cuban territory that is illegally occupied by the United States.
Washington claimed the prisoners are outside U.S. and international law, and thus do not have the rights of POWs. Nearly all of the prisoners were held without charge or trial. Many were tortured to produce a compliant “learned helplessness” – the goal of former U.S. slave-breaking.
Some detainees were even tortured to death. In 2003, 23 prisoners attempted suicide in a mass protest against their abuse.
The torture was directed by two psychologists, James E Mitchell and Bruce Jessen.
By any definition of political prisoner, most political prisoners in Cuba are at the U.S. military-torture center at Guantanamo.
Today there are still 36 prisoners, only 11 of whom have been charged with war crimes, while just two have been convicted – and by “military commissions,” which Amnesty International declared do not meet fair trial standards.
Another 20 have been approved for release but remain locked up. Five detainees are “forever prisoners,” held without charge or trial, but not to be released. The websites closeguantanamo.org and witnessagainsttorture.com and films The Report and The Mauritanian provide more information.
6. Women Fighting Patriarchal Sexist Violence
Nearly three in 10 women in the United States have endured male physical violence or stalking by a partner. Nearly one in five women are raped in their lifetime. Almost four women are killed a day by a male partner.
Half of all women murdered are killed by men they know intimately, yet hundreds of women are in prison for killing their abuser in self-defense.
The U.S. legal system treats these as individual cases, not for what it is: the systematic patriarchal violence against women as an oppressed group.
Marissa Alexander, a Black women from Florida, was sentenced to 20 years in 2013 for firing a warning shot inside her home to ward off her brutal husband, against whom she had an order of protection. Her affirmation that Florida’s “Stand Your Ground” law applied to her because she was defending herself was rejected. The same year, George Zimmerman was found not guilty of murdering Trayvon Martin based on that same law. National protests finally freed her in 2017.
Fran Thompson was an environmental activist in Nebraska. She has been in jail for 30 years for murder, sentenced to life without parole. She had defended herself, killing a man who was threatening to sexually assault her after he broke into her home. She was also targeted because of her environmental work, and was not allowed to plea self-defense.
Thompson had taken on the prosecutor and local government during her activism, having organized against two big projects, an egg factory and a nuclear waste facility, which would have brought the county big profits.
Maddesyn George has been imprisoned since July 2020. She was given a 6.5-year sentence for defending herself from sexual assault by a white man. She is a member of the Colville Confederated Tribes.
A number of environmental activists, animal rights supporters, and water protectors have challenged corporate abuses and have been jailed.
During the original so-called Green Scare, in the 1990s to early 2000s, the U.S. government sought to squash animal rights and environmental activism, acting in the interest of corporations that profit from damaging the earth.
A more recent series of jailings have specifically targeted people protesting against pipeline construction.
The following are political prisoners:
Joseph Mahmoud Dibee, a member of Earth Liberation Front and Animal Liberation Front was arrested in 2018 for his participation in setting fire to a slaughterhouse. Between 1995 and 2001, a group of Earth Liberation Front and Animal Liberation Front supporters caused more than $45 million in damages in a series of arsons. Dibee is imprisoned awaiting sentencing.
Marius Mason (formerly Marie Mason), a member of the Earth Liberation Front, was arrested in 2008 for an attack on a lab building at Michigan State University that was creating genetically modified organisms, with funding from mega-corporation Monsanto, the producer of Agent Orange.
Mason was also sentenced for damage to commercial logging equipment. No one was harmed by these actions. Mason’s 22 year-sentence is the longest yet for any of the Green Scare cases of those committing crimes against property of corporations.
Jessica Reznicek, of the Catholic Workers Movement, took action in 2016 to stop the environmentally destructive Dakota Access Pipeline by dismantling construction equipment and pipeline valves and setting fire to construction machinery. She would have been handed three years, but was sentenced to eight, with the added sentence for terrorism, even though no person was physically harmed.
Reznicek’s actions against private property were “calculated to influence or affect the conduct of government,” meaning a person who takes direct action against an energy company can be treated as an enemy of the state. Reznicek explained, “What we did do was fight a private corporation that has run rampant across our country seizing land and polluting our nation’s water supply.”
The United States Government Has Political Prisoners
This list belies the myth that the United States has no political prisoners.
Political prisoners have no shared ideology. Standing for justice does not necessarily mean that one defends their political views; it means that one demands their freedom because they have been unjustly incarcerated.
Many hundreds of thousands of people have been unjustly incarcerated in the United States, but in these cases, it is clear that they were detained because of their political beliefs and activism, and that by definition makes them political prisoners.
Editor’s Note: This article was produced by Globetrotter.
U.S. Secretary of State Antony Blinken and other members of the Biden Cabinet are fond of proclaiming the “rules-based international order” (RBIO) or “rules-based order” every chance they get: in press conferences, on interviews, in articles, at international fora, for breakfast, lunch, dinner, and cocktails. Along with the terms “human rights” and “democracy,” the RBIO is routinely used to claim a moral high ground against countries that they accuse of not following this RBIO, and wielded as a cudgel to attack, criticize, accuse, and delegitimate countries in their crosshairs as rogue outliers to an international order.
This cudgel is now used most commonly against China and Russia. Oddly enough, whenever the United States asserts this “rules-based order” that China (and other “revisionist powers”/enemy states) are violating, the United States never seems to clarify which “rules” are being violated, but simply releases a miasma of generic accusation, leaving the stench of racism and xenophobia to do the rest.
This is because there is a fundamental contradiction at the heart of the RBIO.
The RBIO isn’t “rules-based,” it isn’t “international,” and it confounds any sense of “order,” let alone justice. It is, at bottom, the naked exercise of U.S. imperial power and supremacy, dressed up in the invisible finery of an embroidered fiction. The RBIO is a fraudulent impersonation of international law and justice.
There are many layers to this misnomer, to be deconstructed piece by piece.
‘RBIO’ in Contrast With ‘International Law’
First, the RBIO is not “international” in any sense of the word.
There actually is a consensual rules-based international order, a compendium of agreed-upon rules and treaties that the international community has negotiated, agreed to, and signed up for. It’s called simply “international law.” This refers to the body of decisions, precedents, agreements, and multilateral treaties held together under the umbrella of the Charter of the United Nations and the multiple institutions, policies, and protocols attached to it. Although imperfect, incomplete, evolving, it still constitutes the legal foundation of the body of international order and the orderly laws that underpin it: this is what constitutes international law. The basic foundation of the UN Charter is national sovereignty—that states have a right to exist, and are equal in relations. This is not what the United States is referring to.
When the United States uses the term RBIO, rather than the existing term “international law,” it does so because it wants to impersonate international law while diverting to a unilateral, invented, fictitious order that it alone creates and decides—often with the complicity of other imperial, Western, and transatlantic states. It also does this because, quite simply, the United States does not want to be constrained by international law and actually is an international scofflaw in many cases.
The United States as International Outlaw
For example, the United States refuses to sign or to ratify foundational international laws and treaties that the vast majority of countries in the world have signed, such as the Rome Statute of the International Criminal Court (ICC), CEDAW (the Convention on the Elimination of All Forms of Discrimination Against Women), ICESCR (the International Covenant on Economic, Social, and Cultural Rights), CRC (the Convention on the Rights of the Child), ICRMW (the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families), UNCLOS (the UN Convention on the Law of the Sea), PAROS (the Prevention of an Arms Race in Outer Space), the Ottawa Treaty (the Anti-Personnel Landmines Convention), and the majority of labor conventions of the ILO (International Labor Organization). In fact, the United States harbors sweatshops, legalizes child labor (for example, in migrant farm labor), and engages in slave labor (in prisons and immigration detention centers). Even the U.S. State Department’s own 2021 Trafficking in Persons Report acknowledges severe problems in the U.S. of trafficking and forced labor in agriculture, food service, manufacture, domestic service, sex work, and hospitality, with U.S. government officials and military involved in the trafficking of persons domestically and abroad. Ironically, the United States tries to hold other countries accountable to laws that it itself refuses to ratify. For example, the United States tries to assert UNCLOS in the South China Sea while refusing—for decades—to ratify it and ignoring its rules, precedents, and conclusions in its own territorial waters.
There are also a slew of international treaties the United States has signed, but simply violates anyway: examples include the Chemical Weapons Convention, the Biological Weapons Convention, UN treaties prohibiting torture, rendition, and kidnapping, and of course, war of aggression, considered “the supreme international crime”—a crime that the United States engages in routinely at least once a decade, not to mention routine drone attacks, which are in violation of international law. Most recently, the AUKUS agreement signed between the United States and Australia violates the Nuclear Non-Proliferation Treaty (NPT) by exploiting a blind spot of the International Atomic Energy Agency (IAEA).
There are also a multitude of treaties that the United States has signed but then arbitrarily withdrawn from anyway. These include the Joint Comprehensive Plan of Action (JCPOA) with Iran, the Agreed Framework and the Six-Party Talks with North Korea, the Geneva Conventions, the Intermediate-Range Nuclear Forces (INF) Treaty, and many others.
There are also approximately 368 treaties signed between the Indigenous nations and the U.S. government; every single one of them has been violated or ignored.
There are also unilateral fictions that the United States has created, such as “Freedom of Navigation Operations” (FONOPs): this is gunboat diplomacy, a military show of force, masquerading as an easement claim. FONOPs are a concept with no basis in international law—“innocent passage” is the accepted law under UNCLOS—and it is the United States and its allies who are violating international laws when they exercise these FONOPs. Air Defense Identification Zones (ADIZs) are likewise notions that have no recognition in international law—the accepted concept is “sovereign airspace”—but the United States routinely claims that China is violating Taiwan’s ADIZ or airspace—which covers three provinces of mainland China. These are some examples of the absurd fictions that the United States invents to assert that enemy states like China are violating the RBIO. This is weaponized fiction.
The United States also takes great pains to undermine international structures and institutions; for example, not liking the decisions of the World Trade Organization (WTO), it has disabled the WTO’s Investor-State Dispute Settlement (ISDS) mechanism; it has undermined—and threatened—the ICC (by passing the American Servicemembers Protection Act [ASPA], also known as the Hague Invasion Act), and more recently, sanctioned the ICC prosecutor and her family members; it thumbs its nose at the International Court of Justice (ICJ) and its decisions, and generally is opposed to any international institution that restricts its unbridled, unilateral exercise of power. Former U.S. Ambassador to the UN John Bolton, in blunt candor, asserted that there is “no such thing as the United Nations,” but this unhinged ideology is quietly manifested in the day-to-day actions of the United States throughout successive U.S. administrations.
Whose Rules? The United States Applies Its Laws Internationally
On the flip side of this disdain for agreed-upon international law and institutions is the United States’ belief that its own laws should have universal jurisdiction.
The United States considers laws passed by its corrupt, plutocratic legislature—hardly international or democratic by any stretch of the imagination—to apply to the rest of the world. These include unilateral sanctions against numerous countries (approximately one-third of the world’s population is impacted by U.S. sanctions), using the instruments of the Office of Foreign Assets Control (OFAC), the U.S. legislature and courts, as well as currency and exchange systems (SWIFT). These unilateral sanctions are a violation of international law and humanitarian law, as well as perversions of common sense and decency—millions have perished under these illegal sanctions. To add insult to injury, the United States routinely bullies other countries to comply with these unilateral sanctions, threatening secondary sanctions against countries and corporations that do not follow these U.S.-imposed illegal sanctions. This is part of the general pattern of the exercise of U.S. long-arm jurisdiction; examples abound: the depraved arrest, imprisonment, and torture of journalist and WikiLeaks publisher Julian Assange—an Australian national—for violating U.S. espionage laws; the absurd kidnapping of Huawei executive Meng Wanzhou (a Chinese national) on Canadian soil, for violating illegal U.S. sanctions on Iran (which Canada does not itself uphold); and many other examples, too many to enumerate.
This long-arm bullying is often exercised through a network of kangaroo courts within the United States, which arrogate to themselves unitary, plenipotentiary international powers to police the citizens of other countries. Not surprisingly, the United States also applies its own laws in a similarly corrupt way within its own borders, with its own gulag system fed through these kangaroo courts. The most dramatic examples of the corruption of these courts can be noted in the routine exoneration of police-inflicted murders of civilians, except under the most extreme protest and activism; and absurd judgments, such as the prosecution of Steven Donziger by a Chevron-linked corporate law firm; or the exoneration of Kyle Rittenhouse by a judge allowing the accused to run the juror lottery. Note, however, the system itself is set up for conviction: over 99 percent of federal cases that go to court result in conviction; most do not even go to trial: 90 percent of U.S. federal indictments are settled by defendants pleading “guilty” or “no contest” to charges filed against them. The idea that there is any impartial notion of justice is belied by the fact that fair and adequate legal representation is unaffordable for most defendants; that appointed public defenders are so overstretched that they often spend literally minutes on each case, simply counseling defendants to plead guilty—which most do—and individuals, in the rare cases where they do win, are often bankrupted and psychically destroyed by a system that has unlimited resources and finances to beat down its victims. This corrupt system of oppression, despite its obvious injustices and iniquities, is exacerbated within vast gray areas of the justice system where even counsel, appeal, scrutiny, or oversight does not apply, and where a single individual may be judge, jury, and executioner. These include, for example, certain parole and probation systems, review boards within prisons, debt collection systems, immigration proceedings, asset forfeiture systems, and many other quasi-judicial systems of oppression.
Generally, these violations and injustices are excused or erased by the international and national media, which are complicit in maintaining an illusion of impartial, high-standards justice in the United States. This is an illusion without substance: the U.S. legal system, like the U.S. health care system or the U.S. educational system, is essentially a failed system that is designed to work only for the rich and powerful. It delivers substandard, so-called care, if not outright abuse, harm, violence, and death, to the vast majority of people who have the misfortune to enter its sausage-making chambers.
Routine Exemptions, Deadly Disorder
Nevertheless, from time to time, dramatic incidents of the United States flaunting the international “rules-based order”—i.e., international law by the United States—occasionally make headlines (before being rapidly silenced).
One type of recurring violation is the abuse of diplomatic immunity. This type of case is mundane and repetitious: a U.S. (or Western-allied) government employee kills or harms native citizens; the United States immediately claims diplomatic immunity. Sometimes the perpetrator is drunk, out of control, or paranoid; often they are spies or contractors. For example, according to recent reports, Anne Sacoolas seems to have been a drunk U.S. spy who killed a British teenager in 2019. She was spirited away immediately as a diplomat.
Raymond Allen Davis was a U.S. contractor, possibly acting CIA station chief, who shot dead two people in the street in Pakistan. Another person was killed by a vehicle picking up Davis to take him away from the crime scene. Davis was spirited out of the country, no explanations were given, and the murders were erased from media consciousness.
This mindset of exceptionalism and impunity is not anecdotal, but manifests on a general, structural scale in the numerous one-sided U.S. status of forces agreements (SOFAs) in the countries where the United States has troops stationed. These give a blanket immunity similar to diplomatic immunity: the violating U.S. soldier or contractor cannot be arrested and rendered to domestic courts unless the United States chooses to waive immunity; U.S. extraterritorial exemption/immunity can be applied despite cases of murder, mayhem, violence, torture, rape, theft, sexual trafficking, and a host of other sins.
This type of exceptionalism also applies to national health policies and international health regulations. For example, multiple COVID-19 outbreaks have been traced to U.S. violations of domestic public health measures—screening, testing, contract tracing, and isolation—in many territories or countries (especially island regions) where the United States has military bases. For example, several major COVID outbreaks in Okinawa have been traced to U.S. troops entering the island without following local health protocols.
The United States takes the cake for hypocrisy, however, when, in several COVID lawsuits, it accused China—without evidence—of violating UN/World Health Organization (WHO) International Health Regulations by failing to notify the United States and the rest of the world in a timely manner about the outbreak of COVID-19. This is entirely refuted by the facts and the well-established timelines: no other country has worked as assiduously and as rapidly in investigating, ascertaining, and then notifying the world of the initial outbreak, as well as sharing necessary information to control it. The United States, however, has carved out a pandemic-sized exemption from reporting any infectious diseases to the WHO if it deems it necessary for its national security interests. Ironically, this exemption is carved out for the single institution most likely to propagate it—the U.S. military: “any notification that would undermine the ability of the U.S. Armed Forces to operate effectively in pursuit of U.S. national security interests would not be considered practical.”
When the United States disingenuously uses the term RBIO, or rules-based international order, it may be playing at international law, but once its applications are unpacked and defused, it becomes clear that it is a weaponized fiction that the United States uses to attack its enemies and competitors.
If “hypocrisy is a tribute that vice pays to virtue,” the RBIO is the vicious first tribute that the United States sends to its law-abiding opponents to undermine international order, no less dangerous for its falsehood.
K.J. Noh is a journalist, political analyst, writer and teacher specializing in the geopolitics of the Asia-Pacific region.
