The COVID-19
pharmacare pay-the-rich programs, worth billions of dollars and
resulting in fortunes for certain individuals in control and ownership
of Big Pharma, prove that any form of pharmacare must be all-sided or
it will inevitably become yet another corrupt pay-the-rich
scheme for privileged global oligarchs cynically using a necessary
social program as cover. To endure and be effective in the long run and
not be used to strengthen the oligarchs of Big Pharma, pharmacare must
encompass the development, research, production and delivery of
pharmaceuticals with the aim to serve the people, economy and society
and not the global rich. This requires human-centred public enterprises
to organize the necessary research and develop, produce and deliver
pharmaceuticals to the people without any aspect being infected with
the imperialist aim of private maximum profit.
A
true pharmacare program and health care system generally are required
not only for individuals but for the economy and society to function
and develop. The pandemic shows how crucial it has become to have
social conditions that defend and produce a healthy population. If not,
as has been revealed, parts of the economy and even the whole can grind
to a halt. For workers to be readily available to work, the health of
the people amidst a universal free health care system must be built and
maintained.
The pandemic proves that to sustain the
investments necessary for a proper health care system, including
pharmacare and seniors' care, the value they produce in the form of
healthy workers has to be realized in a proper exchange within the
economy. All big corporations in the economy of a certain size must pay
for this value, which in fact they require for their existence. These
large corporations must be held responsible to realize (pay for) the
value evident in healthy workers and the capacity to work they bring to
them and the overall economy. Healthy and educated workers are the
essential human factor to produce new value, without which the economy
and society would collapse. The imperialist oligarchs in control refuse
to admit this self-evident truth, and will continue to do so unless
deprived of their ability to deprive the working people of what belongs
to the people by right.
The Pfizer/BioNTech/Fosun global
cartel has made billions of dollars in profit from the pharmacare
programs of various governments during the COVID-19 pandemic. The
cartel consisting of Pfizer from the U.S., BioNTech from Germany and
Fosun International from China is reporting billions of dollars in
actual and potential gross income from the Pfizer COVID-19 vaccine. The
vaccine is a joint development, production and distribution venture of
the three monopolies.[1]
Governments
are using a form of pharmacare to administer the vaccine to their
populations free of charge to individuals. For example, the Government
of Canada has contracted the Pfizer cartel to deliver millions
of
doses of the vaccine at unspecified prices per dose generally believed
to vary between $20 to $30.
The
Pfizer/BioNTech/Fosun cartel hatched a plan called "Project Lightspeed"
to produce a COVID-19 vaccine and distribute it on a global scale in
mid-January 2020. This was just days after the SARS-Cov-2 genetic
sequence was first made public and almost two months before the World
Health Organization declared the virus outbreak a pandemic.
The
Pfizer cartel's direct sales of the COVID-19 vaccine to governments
through pay-the-rich pharmacare programs represent 98 per cent of the
2.5 billion doses that Pfizer/BioNTech will produce this
year. The
cartel has pledged to contribute only 40 million doses or two
per cent of its production to Covax, a multilateral partnership aimed
at supplying vaccines to poor countries. Clare Wenham, a health policy
expert at the London School of Economics denounced this amount as "a
drop in the ocean" of what is urgently needed.
Case
of Pfizer/BioNTech/Fosun Global Cartel
The
Pfizer section of the cartel said COVID-19 vaccine sales for itself
during the first three months of 2021 realized $3.5 billion in gross
income. Pfizer expects its gross income from the vaccine for this year
alone to balloon to $26 billion. In addition, it reported several
hundreds of millions of dollars in income from 2020, as governments
began ordering the vaccine. Pfizer says the profit margin from COVID-19
vaccine sales should be around 20 per cent of its gross income.
Pfizer's declared
expropriation of added-value (profit) from
its total realized gross income from all its sales in 2020 was $9.6
billion on a gross income of $41.908 billion. This reveals how
profitable global health care has become for the cartels, especially
when coupled with a form of pay-the-rich pharmacare. In addition to
this private profit for the global owners, the Pfizer CEO was given $21
million as a so-called salary for 2020.
The
BioNTech section of the cartel has "locked in" $11.8 billion in sales
of the vaccine to this point mostly to European government COVID-19
pharmacare programs. The European Union alone has initially agreed to
buy 1.8 billion Pfizer doses from the cartel without disclosing the
price. Fosun says it has orders for 100 million doses in China on the
books. The Pfizer cartel projects to produce and sell billions of doses
of the COVID-19 vaccine in 2021 alone and continue in the coming years
with "booster shots," including a modified version that only requires
normal refrigeration not super low freezing as with the current one.
Intellectual Property Rights Within Liberal Democratic System
The
oligarchs in control of Big Pharma oppose making the thought material
surrounding the development of the COVID-19 mRNA vaccine known to all
so it can be reproduced throughout the world for the benefit of all
humanity. They insist the thought material dealing with mRNA is their
private property coming from the heads of their scientists and should
be used to profit the owners of the cartel as they paid for the
necessary research to develop the vaccine.
March 11, 2021.
Demonstration in Cambridge,
England
Within
the situation and modern world, to think of advances in science as
someone's private property and not the treasured public property of all
humanity is not only backward indeed but untenable. Propagandists for
imperialism declare that the right of property ownership is the
foundation for life itself but it is proving to be the opposite --
their so-called liberal democratic system which makes sure narrow
private interests prosper is the purveyor of death and destruction all
over the world.
The Pfizer cartel opposes any
weakening of its private ownership of the thought material that it
declares its scientists have developed as this would negatively affect
its aim of making maximum profit. Writing in the New York Times,
Rebecca Robbins and Peter S. Goodman point out the hypocrisy of this
view. Pfizer's cartel partner BioNTech, they write, has "received
substantial support from the German government in developing their
joint vaccine. And taxpayer-funded research aided both companies -- the
(U.S.) National Institutes of Health (NIH) patented technology helped
make so-called messenger RNA vaccines possible. BioNTech has a
licensing agreement with the NIH, and Pfizer is piggybacking on that
license."[2]
The concept that in 2021 an individual or group can come up
with an idea, innovation or invention that does not require the
accumulated thought material of the ages and the collective
participation of the people and resources of society is irrational. In
today's world, scientific developments are social in the same manner
the economy and life generally are social. Private ownership of ideas
or thought material is in contradiction with the reality of modern
social life. No recent invention or development in medicine, IT,
digitalization, robotics or Artificial Intelligence would have been
possible a century ago let alone during the previous peasant era of
petty production. Scientific developments today are the result of mass
public education and the accumulated thought material of the ages,
especially since science began to take a solid and consistent public
theoretical form in the late eighteenth century and left behind forever
its previous dominant empirical character.
Lost in
all the hoopla surrounding vaccines as the silver bullet to defeat the
COVID-19 pandemic is a discussion of the possibilities to overwhelm or
isolate the virus not only with pharmaceutical intervention but by
taking action against its spread in particular to the most vulnerable
throughout the world.
The
condition for the global spread of the virus is the imperialist system
of states and their neo-liberal globalization and the past thirty years
of the ruling oligarchs' anti-social neo-liberal destruction of society
and its social programs and norms. The pandemic is further exposing how
untenable this situation has become and can only be resolved by
establishing human-centred public enterprises capable of research and
development and delivery of pharmaceuticals needed by the people. This
modern approach would eliminate the making of maximum private profit
for remedies and vaccines which is now blocking the mass distribution
of vaccines to deal with COVID-19. As long as this is in the hands of
the imperialist cartels the world cannot be made safe.
Globalization
has taken place at lightning speed to serve the cartels and their mania
for maximum profit. In doing so they are incapable of dealing with the
consequences of their actions. The fight for lives is the fight for
rights and this is the alternative to what the governments in the
service of the rich are doing with their pay-the-rich schemes and
anti-social offensive.
March 11, 2021. Boston, Massachusetts protest.
Notes
1.
Pfizer Inc. is a U.S. global cartel headquartered in
New York. It develops and produces medicines and vaccines for
immunology, oncology, cardiology, endocrinology, and neurology. In
2020, the company had seven drugs or products that each realized more
than $1 billion in gross income. Pfizer reported a total gross income
of $41.908 billion for 2020 and private ownership of assets valued at
$178.983 billion. In 2020, the company bought the capacity to work of
78,500 workers of which 29,400 worked in the United States.
BioNTech SE is a German
biotechnology company that develops and manufactures active
immunotherapies for patient-specific approaches to the treatment of
diseases. It declared a gross income of 121.5 million euros in 2019
with
private ownership of assets valued at 797.7 million euros. It purchased
the
capacity to work of 1,323 workers in 2019.
Fosun International Limited is
a Chinese global cartel headquartered in Shanghai. The cartel has
operations in 16 countries engaged in every sector of the modern
socialized economy, including entertainment as majority owner and
operator of Cirque du Soleil. Fosun had a declared gross income of
$20.7 billion in 2019 on total private ownership of assets valued at
$102.6 billion while buying the capacity to work of 71,000
workers. (Wikipedia)
2.
The
National Institutes of Health (NIH) is the primary agency of the United
States government responsible for biomedical and public health
research. It was founded in the late 1880s and is now part of the
United States Department of Health and Human Services. The NIH conducts
its own scientific research through its Intramural Research
Program and provides major biomedical research funding to
private
non-NIH
research facilities through its Extramural Research Program.
As of 2013, the Intramural Research Program
had 1,200 principal investigators and more than 4,000 postdoctoral
fellows in basic, translational, and clinical research, being the
largest biomedical research institution in the world. Translational
research includes two areas of translation.
One is the process of applying discoveries generated during research in
the laboratory and in preclinical studies to the development of trials
and studies in humans.
As of 2003, the
extramural arm of the NIH provided 28 per cent of biomedical research
funding spent annually in the U.S., or about $26.4 billion. (Wikipedia)
(With files from New York Times
article: Pfizer Reaps Hundreds of Millions in Profits from COVID
Vaccine.)
There are infrastructure projects across the
country that cast long shadows over public spending on infrastructure.
These infrastructure projects essentially enrich a
handful of private developers, landowners and financiers. They are the
people who decide, control and profit from infrastructure projects. The
corruption is so thick it even raises questions
about the necessity of the projects in the first place.
The
necessity for infrastructure in a modern economy is self evident, which
in effect is why corruption appears to be so easy to cover up with
high-sounding phrases, for example, nowadays especially by claiming
that something is "green." Industrial mass production demands a level
of productivity in energy and water consumption, sewage disposal and
transportation that only big expensive projects can deliver. And it
seems, the larger the project the greater the sleaze.
Lenin,
in 1916, exposed the imperialist practice of enriching land
developers and banks by extending mass transit to the far reaches of
sprawling cities: "Speculation in land situated in
the suburbs of rapidly growing big towns is a particularly profitable
operation for finance capital. The monopoly of the banks merges here
with the monopoly of ground-rent and with
monopoly of the means of communication, since the rise in the price of
land and the possibility of selling it profitably in lots, etc., is
mainly dependent on good means of communication
with the centre of the town; and these means of communication are in
the hands of large companies which are connected with these same banks
through the holding system and the
distribution of seats on the boards."[1]
How the infrastructure is conceived, decided, controlled,
financed,
organized, built, maintained and managed from inception to ongoing use
is the crux of the matter. Within the present
situation, a ruling oligarchy decides and controls these matters and
manipulates public opinion to accept the decision. The people do not
control or decide any aspect of the development
even though it directly affects their lives, the economy and the social
and natural environment. The ruling elite suggest no alternative is
possible except to pay the rich, generating cynicism
and distrust and casting a pall over society as nation-building is
turned upside down, degenerating into criminal nation-wrecking. Of
course this is not the final word on the matter for, as
with everything, the people are quite capable of turning the situation
around in a new direction that serves their interests and builds the
New and leaves the filth behind.
Stories
of the corruption and sleaze tend to serve scandal politics against the
government of the day and feed the liberal illusion that a sleazy
government can be replaced by one which
is not sleazy. No better case exists than that of Ontario to prove that
this is not the case. Subsequent governments, no matter the political
stripe of the party in power, have been corrupt on
very grand scales. It is the system of party government which is
corrupt and requires replacement with a system that elects citizens to
the legislature and these citizens elect their
government and hold it to account. They must not permit narrow private
interests to influence the direction of the economy, government
projects, policies or regulations.
In the case of
infrastructure projects in Ontario, the corruption is
so blatant it is little wonder Premier Doug Ford is crying at press
conferences pretending he cares about the people. If
it stinks and gleams like rotting fish, it most probably is rotten.
Time to stop paying the rich and clean out the filthy stable through
democratic renewal and a new direction for the
economy!
For the example of the corruption involved
in the construction of Highway 413 in Ontario click here.
Together Let's Build the
New!
Note
1.
V.I. Lenin, Chapter
3: Finance Capital and the Financial Oligarchy, Imperialism, the Highest Stage of
Capitalism.
Manitoba
Bill 57, Protection of
Critical Infrastructure Act
March 23, 2021. Protest
against Bill 57 outside Manitoba legislature.
On March 15, the
Manitoba government of Premier Brian Pallister announced that it is
"distributing new legislation that would prevent interference with
critical infrastructure while respecting the right to freedom of
assembly and expression." The expression "distributing new legislation"
hides the fact that Bill 57, the Protection of Critical
Infrastructure Act,
passed first reading at the Manitoba
Legislature in November 2020 and was only made public four-and-a-half
months later. Eighteen other bills that passed first reading at the
same time were also published months later. Federally, bills are
printed within hours after passing first reading.
This in
itself shows how the neo-liberal government executives have destroyed
parliaments and legislatures as places to debate legislation and other
issues that affect the people. Now debate on Bill 57 has been delayed
until the fall after the NDP used a procedural rule of the Manitoba
Legislature which allows the official opposition to delay a number of
bills to the next session.
Bill 57 prepares the
ground for all-out criminalization of the people fighting for their
rights. The bill states that the owner or operator of what is
considered critical infrastructure may bring an application to the
court for an order establishing a critical infrastructure protection
zone if the owner believes there is interference with the construction
or operation of the infrastructure. Once the court makes the order,
individuals or corporations that disobey the order are subjected to
fines and individuals are also subject to imprisonment.
The
bill defines "critical infrastructure" as just about everything under
the sun, from pipelines and railways to hospitals, personal care homes
and "facilities required for the delivery of government services to the
public or for the effective functioning of the Legislature." It says:
"Infrastructure is critical infrastructure if the use or presence of
the infrastructure makes a significant contribution to the health,
safety, security or economic well-being of Manitobans."
October
26, 2020. Alberta health care workers walk out in defence of their
rights and picket Royal Alexandria Hospital in Edmonton.
Justice
Minister Cameron Friesen justified the legislation in a March 15
communiqué: "We must also ensure Manitobans have access to
uncompromised supplies and services, and can pursue their livelihoods
unencumbered." However, the legislation does not protect the services
that are provided or should be provided via the infrastructure. That is
not the aim of the bill. The fact is that people may die in the
hospitals because workers do not have the conditions to provide the
needed care, legislatures may pass bills and regulations that
jeopardize workers' and peoples' health and safety, and rail workers
may die on the job because of overall unsafe conditions. The purpose of
the bill is to step up the anti-social offensive against the people and
make the people's resistance illegal.
The bill can
be invoked with a claim of "interference" with critical infrastructure,
for instance by workers, youth and Indigenous peoples protesting
against the violation of their rights and demanding justice in the
vicinity of the infrastructure or on the land where the infrastructure
is located. The bill denies the causes for which people are holding
their actions. It is another mechanism to impose the dictate of the
narrow private interests which own and operate the infrastructure or
the government executives that run it on behalf of narrow private
interests, under the hoax of protecting infrastructure that makes a
significant contribution to the well-being of Manitobans.
The
fact that the bill includes the land on which the infrastructure
operates as part of the infrastructure itself clearly shows that a main
target of the legislation is the Indigenous peoples who, with their
supporters, are defending their lands and hereditary and treaty rights.
Clearly, the bill was triggered by the determination to crush protests
such as the nationwide protests, including rail blockades, in support
of the Wet'suwet'en land defenders who blocked construction of a gas
pipeline through the BC First Nation's hereditary territory, affirming
their right to say No!
February 10, 2020. Winnipeg action opposes RCMP invasion of
Wet'suwet'en territory.
The hereditary and treaty
rights of Indigenous land defenders and their supporters are denied
through the bill, while the "right" of global private interests to
operate as they please, without the consent of the people and in
violation of their rights, is enshrined in the law. The Kenney
government passed similar legislation in 2020. This is called
politicizing private interests and criminalizing public interests.
The fact that this bill extends the concept of critical
infrastructure to include health care institutions and government
shows that the intent is to criminalize the fight of the people for
their rights in all aspects of life. This must not pass!
The
entire bill is an intolerable attack on peoples' right to express their
conscience and determine the direction of economic and political
affairs to make them serve the needs and interests of the people and
not those of the rich.
It shows the inability of
the government of Manitoba to provide any convincing argument for its
pay-the-rich agenda and anti-social offensive. To resort to suppression
and criminalization underscores how impotent it actually is.
Manitobans have a proud
history of fighting for rights and no self-respecting Manitoban will
submit to such things. The government is showing how weak it is.
Manitobans consider that speaking out against what the government is
doing is a must, as organizations representing the interests of
farmers, Indigenous people and university faculty are already doing.
Manitoba
Organization of Faculty Associations
The
Manitoba Organization of Faculty Associations writes in a March
statement that Bill
57 is plagiarized from an American Corporate Lobby Group called the
American Legislative Exchange Council (ALEC). They state "ALEC works
behind the
scenes to provide fill-in-the-blanks legislation to Republican
legislators to promote their corporate, right-wing agenda: making
government as small and taxes as low as possible, bringing in
anti-union right-to-work acts, voter suppression laws and even
stand-your-ground NRA pro-gun legislation....
"Bill
57, the Protection of
Critical Infrastructure Act finds
its original source in Oklahoma House Bills 1123 and 2128. These were
aimed at curbing mass protest by Indigenous communities in the wake of
the Standing Rock pipeline protest in North Dakota. The Pallister
government has introduced this legislation as their own without
attributing the real source: the ALEC model bill crafted out of the
Oklahoma legislation. [...]"
National Farmers
Union in Manitoba Upholds
Critical Democratic Rights
The
National Farmers Union (NFU) in Manitoba issued a statement on March 9
which opposes Bill 57, the Protection of Critical
Infrastructure Act "on the grounds of both substance and
process." It says amongst other things:
"Bill 57
was introduced after Alberta passed its Critical
Infrastructure Defence Act in 2020 and there is little doubt
that it will follow its lead in terms of its content as well. The
Alberta law empowers the government to impose punitive fines or
imprison protesters for trespass or interference with big business. The
Alberta law allows the government to expand what it means by 'critical
infrastructure' by simply passing a Cabinet order. Alberta's law
protects the interests of large corporations that are wealthy and
powerful, and seeks to intimidate or punish citizens and communities
who have few means other than peaceful protest to bring attention to
their issues and demand a hearing.
"There are many
examples in Manitoba's history where the kind of protest Bill 57 seeks
to prevent has led to important advances. From the Metis under Riel in
1870, the 1919 Winnipeg General Strike, to the Black Lives Matter
protests in 2020, Manitoba has been shaped by citizens standing up for
their rights. Bill 57 would silence democratic voices and see
Manitoba's future defined by the interests of corporations instead.
"The NFU is dedicated to the protection of the lands and
waters that sustain Canadian quality of life and stands in solidarity
with those engaged in this work. The NFU's historic successes advancing
farmers' interests are based on the right to peaceful protest. This
bill would infringe on our right to continue to do so. Non-violent
peaceful protest has been an important means of influence for farmers
in Canada, and it is a right of farmers to be able to express their
opinions in this way. Our democratic rights are critical to our
relationship with governments. This government's complete disregard for
transparency regarding Bill 57 is discouraging and unacceptable in a
democracy. For all these reasons, the NFU calls on the Manitoba
Government to withdraw Bill 57."
Manitoba
Indigenous Organizations Speak Out
Indigenous
organizations in Manitoba have been speaking out against Bill 57.
Addressing local media on March 16, the day after the legislation was
presented, Grand Chief Jerry Daniels of the Southern Chiefs
Organization said, "We have to challenge it at every aspect. ... The
province and the federal government have been stacking the deck against
First Nations for a long, long time."
Referring to
the penalties in the bill, he said, "It's an intimidation tactic." He
said the legislation is "a strategy, obviously, to silence the voices
and the views of First Nations people who have been excluded for a very
long time from infrastructure strategy and investments in terms of our
partnership on a government-to-government basis ..."
At
a mass rally at the legislature on March 23, Lisa Currier, Coordinator
with Idle No More Northern Manitoba, one of the organizers of the rally
said, "[Bill] 57 would silence our voices and just make us conveniently
protest over there in the corner far away from where the heart of the
issue is." She made the point that the bill violates Indigenous rights
including those recognized in the Constitution with regard to
Indigenous title to the land. "Section 2.3 of Bill 57 says that any
lands that critical infrastructure sits on becomes part of the critical
infrastructure and that sounds like land ownership to me."
Bill 57, the Protection
of Critical Infrastructure Act begins
with the recitals to the bill, a series of "whereases" which present
the Bill as not extremist, but a balance between freedom of expression
and assembly, and protection of critical infrastructure from
interference:
"WHEREAS there exists a
constitutional
right to freedom of assembly and freedom of expression, which includes
the right to assemble in public places for the purpose of democratic
discourse;
"AND WHEREAS throughout Manitoba there
exists critical infrastructure the use of which contributes
significantly to the health, safety, security and economic well-being
of Manitobans;
"AND WHEREAS it is in the interest
of
all Manitobans that critical infrastructure be protected from
interference while respecting the right to assemble for the purpose of
democratic discourse; [...]"
What the whole bill
actually establishes is the process through which the fight of the
people in defence of their rights is to be criminalized by the state
under the hoax that it "interferes" with what is called critical
infrastructure. The word "interference" is not provided with a
definition. The bill suggests that anybody who, through their actions,
prevents an owner or an operator of critical infrastructure from
building or operating it commits interference.
Vacuous
Definition of Critical Infrastructure
The bill
gives the following definition of critical
infrastructure: "Infrastructure is critical infrastructure if
the use or presence of the infrastructure makes a significant
contribution to the health, safety, security or economic well-being of
Manitobans."
To ensure that the issue of the land
is
front and centre in this process of criminalization, the bill states:
"For the purposes of this Act, land or premises on which critical
infrastructure is located is considered to form part of the critical
infrastructure."
Spurious Process for the
Protection of Critical Infrastructure
The process
for protecting critical infrastructure from
interference begins with the owner or operator of critical
infrastructure applying to the court for an order establishing a
critical infrastructure protection zone, when the owner or the operator
"believes" that people are interfering with "the construction,
operation, use, maintenance or repair of the infrastructure."
The court must hear the application on an urgent basis. If it
rules that the infrastructure is critical infrastructure, that its
"construction, operation, use, maintenance or repair" is being
"interfered with, hindered or delayed," and that an order is necessary
to free the infrastructure from interference, the court issues an order
establishing a critical infrastructure protection zone on an urgent
basis. The bill also provides that the court may issue such an order
without an application for an order by the owner or operator if the
court "is satisfied that it would be impractical for an applicant" to
apply for such an order.
The court order designates
an area surrounding the critical infrastructure as a critical
infrastructure protection zone and prohibits anyone from entering the
zone, prohibits or restricts specified conduct within the zone, and
prohibits interference with any access required to bring people or
materials into the zone.
Designating an Area Where
People May Congregate
A part of the bill
claims to protect the "constitutional
right to freedom of assembly and freedom of expression, which includes
the right to assemble in public places for the purpose of democratic
discourse." It is an example of the use of the courts to defend private
property rights in the name of deciding on behalf of the people all the
limitations which the ruling class considers to be reasonable. The
clear aim is to make sure that the role of the people is reduced to one
of lobbying governments or employers in a manner which puts no pressure
on them and in fact facilitates depriving the people of saying what can
and cannot go on on matters which affect their lives.
The
bill states that the court that makes the order to create a critical
infrastructure protection zone may designate an area near or within
the protection zone where people may congregate "for the purpose of
exercising their rights to freedom of assembly and freedom of
expression." The court has to be satisfied that the designation is
necessary for those rights to be protected and that it does not create
a safety problem for anyone.
The hypocrisy is such
that to protect the claim of the ruling class that the courts are
neutral and serve everyone equally, the bill states that the court
"must have regard to the need for the area to be on public property, as
close to the critical infrastructure as practicable, and visible to
members of the public."
The bill contains nothing
about forcing governments to define the public interest in a manner
which does not serve narrow private interests and to abide by what the
people decide.
Offence, Penalties and Seizure
Powers Designed to Create a Lot of Political Prisoners
The bill sets penalties for individuals
found guilty of contravening the court order or helping or counselling
another person to do so. The penalty is a fine of up to $5,000 or
imprisonment for up to 30 days, or both. For a corporation, the penalty
is a fine of up to $25,000. When the contravention of the order lasts
more than one day, the person is guilty of a separate offence for each
day.
The bill also establishes seizure powers. It
says: "A peace officer who discovers an offence being committed under
this Act may seize any motor vehicle, trailer or other thing that is
used as an instrument in the commission of the offence or is evidence
of the offence."
The bill also entitles the Court
to suspend the person's driver's licence for up to one year or
disqualify the person from holding a driver's licence for up to one
year when the person found guilty of contravening the Act has used a
motor vehicle or trailer in their action. The Explanatory Notes state:
"Items used in the commission of the offence, such as motor vehicles or
trailers used to establish a blockade, may be seized and forfeited on
conviction."
Schedule Concentrates Arbitrary
Powers in Government
For
good measure, under the schedule which lists infrastructure considered
critical, the bill hands over full arbitrary powers to the Manitoba
government to decide as it goes along. The bill states that the
Manitoba government may also, by regulations, designate other
infrastructure as critical infrastructure.
The
Schedule sets out 10 categories of critical infrastructure: agriculture
and
food production; communications; finance; government; health care;
justice and public safety; oil, gas and electricity; transportation;
waste disposal; and water, sewer and drainage.
The
list is much broader than the list that is included in the Alberta
government's Bill 1, the Critical
Infrastructure Defence Act,
which was
passed in May 2020. Bill 1 however contained the provision that
anything could be defined as “critical
infrastructure,”
including “a building, structure, device or other thing
prescribed by the regulations.” Regulations have yet to be
published.
To
give a rough idea of what is called critical infrastructure in the
Manitoba bill, under agriculture and food production, it includes,
among others, animal feed processing and packaging facilities, animal
processing facilities, food processing facilities and even grocery
stores and other stores that sell food products.
Under
health care, it includes ambulance and patient transport services,
hospitals and medical clinics, and personal care homes.
Under
government, it includes "facilities required for the delivery of
government services to the public or for the effective functioning of
the Legislature."
It is clear that the government
has in mind criminalizing peoples' actions at places such as meat
packing plants, hospitals and other health establishments, at the
Legislature and other places where people denounce the anti-social
offensive and the refusal to protect people against COVID-19. Workers,
Indigenous land defenders and others who oppose the dictate of the
rail, oil and gas monopolies and defend their rights and their future,
as well as youth and farmers organizing actions will all be targets.
The whole bill is an intolerable attack on peoples' right to
express their conscience and determine the direction of economic and
political affairs to make them serve the needs and interests of the
people and not those of the rich.
Federal
Government's Attempt to Escape Its Responsibilities to
Indigenous Peoples
The Trudeau
Liberals are pushing through Bill C-15 An Act respecting the
United Nations Declaration on the Rights of Indigenous Peoples.
Bill C-15, like
everything else the Trudeau Liberals have done in the name of truth and
reconciliation, is based on a lie. Far from committing Canada to
recognizing Indigenous peoples' rights, Bill C-15
aims to put a UN seal of approval to the ongoing refusal of the
Canadian state to honour Indigenous peoples as sovereign nations and
honour their hereditary and treaty rights.
The
Liberals would like this law passed before the next election so
that they can claim to be following through with "truth and
reconciliation." With the help of the NDP they moved
one step closer to that goal, imposing closure on debate of bill C-15
on April 15 and sending it for study by the Parliamentary Committee on
Indigenous and Northern Affairs. The
Committee completed its study within a week and adopted the Bill with
two amendments after hearing from a small group of witnesses, the vast
majority of whom urged swift passage of
the bill. Clearly the major concerns of many of the more than 47
written submissions, particularly from First Nations questioning the
legitimacy of Bill C-15 or urging more time for study
of the Bill, were swept aside.
The monopoly media
is facilitating this agenda to convince Canadians
the Indigenous peoples are on board with Bill C-15. In fact, just as
with the Liberal government's so-called
"consultations" on Bill C-15, it is only the hand-picked few who are
featured. As Indigenous peoples have become aware there has been
increasing and militant resistance to Bill C-15.
On
April 1, for example, the Association of Iroquois and Allied Indians
(AIAI) assisted by the Green Party, held a press conference denouncing
the attempts by the Trudeau Liberals to
push this legislation forward. Grand Chief Joel Adams of the AIAI said:
"It's bad enough they are trying to decide what's best without
consulting with us, which is an insult in itself, but
now they are using UNDRIP as an excuse to push their agenda in trying
to take away the rights of all Indigenous Peoples. They are rushing to
get this pushed through legislation with the
least amount of consultation as possible so they can make the argument
that it has Indigenous support when in fact a large number of
communities were not consulted or made aware that
this could be a reality."
The 2007 UN Declaration
on the Rights of Indigenous Peoples (UNDRIP)
was a hard-fought decades-long struggle for the Indigenous peoples of
Canada and the world. The aim was to
provide a legal platform from which Indigenous peoples could launch
campaigns to advance the fight for their rights within colonial
oppressor states like Canada. At the UN, Canada, the
U.S., Australia and New Zealand -- the four nations with the most
horrific record of genocide against Indigenous peoples -- did
everything they could to sabotage the efforts of Indigenous
peoples from Canada and around the world as they strove to assert their
right to be on the agenda of all humanity at the UN. The main thrust of
this campaign, often led by Canada, was to
ensure that the right to sovereignty of Indigenous peoples in Canada
and internationally would not be guaranteed in the Declaration.
Dr Hayden King, an Anishinaabe scholar and Executive Director
of the
Yellowhead Institute at Ryerson University, elaborated on this in a
2019 article entitled "UNDRIP's Fundamental Flaw." Dr. King
poses
the question of how
Indigenous rights can be affirmed when the UNDRIP was "created with
intrinsic power structures intact -- leaving the
state with ultimate control." He noted that "During discussions,
English-speaking states frequently objected to the draft declaration,
re-writing over a dozen articles and even removing some.
These changes were made despite boycotts and hunger strikes by
Indigenous delegates at the United Nations."
The
most damaging changes were made to the last article, Article 46.
"The original text stated, 'Nothing in this Declaration may be
interpreted as implying for any State, people, group
or person any right to engage in any activity or to perform any act
contrary to the Charter of the United Nations,' while the revised
Article 46(1) added 'any action which would dismember
or impair, totally or in part, the territorial integrity or political
unity of sovereign and independent States.'"
In
this way Canada, the U.S., Australia and New Zealand
systematically changed the thrust and intent of the original 1994
UNDRIP draft presented by the Working Group for
Indigenous People which put the right to Indigenous sovereignty and
self-determination in first place. Even with these changes, Canada, the
U.S., Australia and New Zealand all voted
against the Declaration when it was adopted by an overwhelming majority
(144 countries in favour with 11 abstentions) of the General Assembly
in September 2007.
With its nay vote, the Canadian
state, with the Harper Conservatives
in power, showed its refusal to even recognize the Indigenous peoples.
Bill C-15 is an attempt by the Trudeau
Liberals to codify in Canadian law under the figleaf of UN approval,
Canada's continuing effort to contain the rights of Indigenous peoples
within the 19th century colonial framework,
which runs roughshod over the hereditary and treaty rights of the
Indigenous peoples. It is extremely self-serving on the part of the
Trudeau Liberals.
One only has to
look at what happened in BC after the NDP government of John Horgan
passed Bill 41, the Declaration on the Rights of Indigenous
Peoples Act,
in November
2019. Some of the people who helped pass the legislation are being
recruited now to speak in favour of Bill C-15. Yet Horgan had no
compunction to criminalize the Wet'suwet'en Land
Defenders and call for RCMP paramilitary assaults against them when
they stood up to defend their hereditary and land rights against the
Coastal Gas Pipeline. That was less than two
months after BC "recognized" UNDRIP. Similarly, despite ongoing
opposition by Indigenous peoples and their allies, tens of millions of
dollars have been handed over to private
monopolies in subsidies to continue construction of the Site-C Dam in
BC on Indigenous land, hunting and sacred sites. So much for how UNDRIP
is being "upheld" in Canada.
Bill C-15 is based on
a lie. Charmaine White Face, an Oglala Sioux
spokesperson and elder, issued a statement on April 16 on behalf of the
Indigenous Activists Networks, denouncing
the attempts by Canada to pass Bill C-15. She underscored that the
UNDRIP of 2007 "is NOT the Declaration approved by Indigenous Peoples
and to say that Bill C-15 will affirm the
rights of Indigenous Peoples is spurious and will be harmful to Canada.
She noted that to claim "Bill C-15 will affirm the rights of Indigenous
Peoples is not true. The UNDRIP was
changed to satisfy colonizing governments' continued pursuit for
control over Indigenous Peoples and resources." She underlined that
Canada could stand for the truth and base its laws on
the 1994 draft of UNDRIP, which the Indigenous peoples of the world
drafted and approved and which also had the approval of two UN
Committees. She warned that to proceed with Bill
C-15 would be dishonest and damaging to Canada.
The
more the opposition to Bill C-15 from the Indigenous Rights and
Title holders grows, the more the Trudeau Liberals are going to be
isolated and desperate. The struggle against
Bill C-15 brings to the fore the constitutional crisis in Canada and
need for a modern democratic Canada, a free and voluntary union, with a
modern constitution that upholds the hereditary
rights and title of Indigenous peoples of Turtle Island. Bill C-15
should be withdrawn and Canada's relations with Indigenous peoples must
be based on mutual respect and equality,
recognizing their inalienable right to sovereignty and
self-determination.
Withdraw
Bill C-15!
No to Canada's
Self-Serving Definition of the UNDRIP!
Uphold the Hereditary
Rights of Indigenous Peoples!
(With
files from Yellowhead Institute, Indigenous Activists Networks,
Government of Canada)
On April 20, the Haudenosaunee Confederacy Chiefs Council held a
press conference outside the Onondaga Longhouse on Six Nations of the
Grand River to
declare an immediate moratorium on any further development in the
Haldimand Tract. This is land the Crown, which usurped Indigenous
territories in the first place, "bequeathed" the Six Nations of the
Grand River in 1784 as compensation for the loss of their territories
and for being military allies of the British during the American
Revolutionary War. What was roughly 384,451
hectares along the Grand River has been reduced
to less than five per cent of its original size through land grabs by
governments for urban development, and other illegal and underhanded
means.
Speaking on behalf of the Haudenosaunee
Chiefs Council, Deyohowe:to
(Roger Silversmith), Snipe Clan Chief of the Cayuga Nation stated among
other things:
"According
to our law, the land is not private property that can be owned by any
individual. In our world view the land is a right to be held in common
for the benefit of all. The land is a sacred trust placed in our care
for the sake of the coming generations," the Chief said. "Land is meant
to be shared among, and by, the people." "It is not for permanent
empire building," he added.
He
highlighted the immense challenges faced by the Haudenosaunee for more
than 200 years to affirm their land rights: "Our ancestors faced
overwhelming odds and relentless pressure to give up our lands.
Unscrupulous practices were used to coerce our ancestors into selling
the land. At other times outright fraud took place as acknowledged in
the Royal Proclamation of 1763."
Deyohowe:to
emphasized that the Haudenosaunee live by the Great Law
of Peace and agreements made by the Crown based on the Two-Row Wampum,
the Silver Covenant Chain of
Peace and Friendship, and that sharing or leasing the land is based on
these agreements, another example of the Dish with One Spoon principle.
"We seek justice in our longstanding land
rights issue, we seek an accurate account of the use and investment of
the funds held by the Crown on our behalf, and the land transactions of
the Crown involving our lands. For nearly
200 years our Chiefs have been asking for such an accounting and
justice. Generations of elders have passed away with these matters
unresolved and it is time to end the injustice. We want
the land that is ours. We are not interested in approving fraudulent
dispossessions of the past. We are not interested in selling land,"
Deyohowe:to stated.
The Chief pointed out, "Our
faith in the Canadian people is strong,
as we feel that the majority of Canadians also want to see justice in
these matters. However their elected
representatives and public servants have failed to act effectively to
address and resolve these matters. It is time to lift the cloud of
denial and wipe away the politics that darken their vision
of our future. It is time we are heard clearly. It is time our case is
heard with utmost respect."
"Today
we are putting a moratorium on development on the Haldimand
Tract. No development can proceed on the Haldimand Tract without the
consent of the Haudenosaunee. The
moratorium builds on our land rights statement to end the exploitation
of the land and resources along the Tract," Deyohowe:to affirmed. In
concluding their press statement, the Haudenosaunee Confederacy Chiefs
and Clan Mothers affirmed their support for "the efforts and stand
behind our people who are protecting our land rights." This is a
powerful public statement of support for the land defenders at 1492
Landback Lane, who have stood their ground for the last 10 months
defending unceded lands against the Foxgrove Developments' housing
project on Six Nations territory.
"We want the
Crown to keep its obligation to the treaties to ensure
that all Crown governments, federal, provincial and municipal, are
partners in those obligations," Deyohowe:to said.
"We want an honourable relationship with the Crown, and a peaceful
resolution to these longstanding issues."
All
Out to Support the Haudenosaunee Moratorium on Development
on the Haldimand Tract! Canada Must Respect Nation-to-Nation
Relations with the Haudenosaunee! Uphold the Sovereignty of
the Six Nations!
October 16, 2020. Support action in Halifax for Mi'kmaw moderate
livelihood fishery.
On
April 30, the Assembly of Nova Scotia Mi'kmaw Chiefs issued a media
release denouncing the seizure of 37 lobster traps from a Potlotek
First Nation Netukulimk Livelihood harvester earlier in the day by
Fisheries and Oceans Canada (DFO), the
first day of the lobster fishing season.
The
press release points out that the Potlotek First Nations harvester "was
authorized by his community and was fishing pursuant to his community's
Netukulimk Livelihood Fishery Plan." Chief Gerald Toney, the Fisheries
Lead for the Assembly added, "Not only was the harvester in full
accordance with community's regulations, but the harvester was also
fishing within DFO's dictated commercial season." Chief Toney called
the seizure of the traps a "shameful and illegal act." Chief Wilbert
Marshall of the Potlotek First Nation stated that the seizure of the
harvester's means of a livelihood was "a failure of the Government of
Canada to accommodate our Rights and a failure to uphold the Honour of
the Crown."
"The Potlotek Plan is the same as the
plan fished last fall, with minor changes, but Potlotek First Nation
has been fully transparent with DFO in the development and sharing of
their plan to implement their Treaty Right to fish and sell fish for a
moderate livelihood, as recognized by the Supreme Court of Canada," the
press release emphasizes.
As a sovereign Indigenous
Nation, the Mi'kmaw have the right to self-determination in all their
affairs including matters concerning their means of a livelihood in
accordance with the Peace and Friendship Treaties signed with the Crown
prior to 1779. The refusal of the Canadian state through the DFO acting
on behalf of the Crown to recognize this fact is a block to harmonious
relations between the Mi'kmaw and Canada. The use of force to seize the
lobster traps and other equipment of the Mi'kmaq fishers and to charge
Mi'kmaq harvesters shows exactly how the Trudeau Liberals
self-servingly intend to "uphold" the United Nations Declaration on
the Rights of the Indigenous Peoples in Canada through Bill C-15 which
is now
being pushed through parliament.
Ongoing attempts
to criminalize the Mi'kmaw, and treat them as wards of the Crown will
not succeed. Not only will the Mi'kmaw continue to assert their
sovereignty and hereditary rights to fish and other matters which
cannot be given or taken away, but the entire Canadian people stand
behind them and their just demands.
Hands
Off the Mi'kmaq Fishers! Return Their Stolen Traps!
Respect the Sovereignty of the Mi'kmaw and All Indigenous Peoples!
Two court cases of import to Sudbury and
Northern Ontario took place over the past few days. One has been
proceeding
with the speed of molasses in January, the other
is proceeding with the speed of a deadly bullet.
On
April 28, the Ontario Court of Appeal concluded its hearing of
the Government of Ontario's appeal of the Stage 1 decision in the 1850
Robinson Treaties annuities case. This case
involves an augmentation clause in the Treaties whereby the Crown
agreed to increase the annuity if the Crown could do so without a loss.
The annuity was last increased in 1875 to
$4/person/year. In 2014, the twenty-one First Nations party to the
Robinson Treaties took Canada and Ontario to court to gain an
augmentation in the annuity. In December 2018, Justice
Patricia Hennessy of the Ontario Superior Court released her decision
in Stage 1, ruling in favour of the First Nation plaintiffs. The court
found, among other things, that "the Crown has a
mandatory and reviewable obligation to increase the Treaties' annuities
when the economic circumstances warrant, and that the economic
circumstances will trigger an increase if the net
Crown resource-based revenues permit the Crown to increase the
annuities without incurring a loss." It is this decision that the
Ontario Government is appealing. The case is proceeding to a
Stage 2 appeal later this year, after which the judges will render
their verdict.
On April 29 and 30, the Ontario
Superior Court of Justice heard an
application by Laurentian University for an extension in creditor
protection under the Companies' Creditors
Arrangement Act
(CCAA). Under the CCAA, Laurentian has cancelled 69 programs and
terminated almost 200 employees, forced concessions from its unionized
employees and broken
the 60-year-old contracts between Laurentian and its affiliated
Universities. The Court authorized Laurentian to enter into Stage 2 of
the CCAA process which involves selling off land,
buildings and other assets said not to be essential to Laurentian's
core activities.
So, in the case in which the
Indigenous peoples would benefit and
the Canadian state and the financial oligarchy would provide
compensation, the hearing of the case is taking many
years and no restitution is being made while the case is being
appealed. In the other case, where the Canadian state and the financial
oligarchy would benefit and the members of the
Laurentian community, Indigenous peoples, Francophones, Sudbury and
Northern Ontario have much to lose, decisions are rapidly made and
implemented in such a way that an appeal
becomes pointless. Laurentian is being wrecked by the CCAA.
Such
is Canadian justice in the twenty-first century.
For the
Robinson Huron Treaty Litigation Fund Press Release May 3, 2021 click here.
On May 4,
just days before the Trudeau
Liberal government's May 6 launch of its "new pathway" to permanent
residence, the Migrant Rights Network released a
report entitled "Exclusion, Disappointment, Chaos and Exploitation."
The report is based on a survey it conducted with 3,000 of its
migrant members over a two-week period following the government's April
14 announcement about the new short-term
immigration pilot program "for over 90,000 essential workers and
international graduates" presently residing in Canada.
The
focus of the "new pathway" is on temporary workers employed in
hospitals and long-term care homes and on the frontlines of other
essential sectors, as well as international
graduates of Canadian educational institutions.
Eligibility
requirements include having at least one year of
Canadian work experience in a health care profession or another
"pre-approved essential occupation." International graduates
"must have completed an eligible Canadian post-secondary program within
the last four years, and no earlier than January 2017."
Besides
the pathway being closed to the "1.18 million undocumented
residents, refugees, students and migrants in Quebec," another "45.4
per cent of migrant workers" and "34.5 per
cent of international graduates" who completed the survey are also
excluded from the new program. An additional "48.27 per cent of
international graduates and 45.4 per cent of migrant
workers do not have the language test results required to apply for
this first-come, first-served program."
The Migrant
Rights Network is calling on Prime Minister Trudeau "to
ensure permanent resident status for all migrant and undocumented
people in the country, and ensure that all
working class migrants that arrive in the future do so with permanent
resident status."
It is also demanding that the
current program be expanded "to
include everyone without permanent status," that "all caps and the
six-month window" be removed, and that "residents of
Quebec" be allowed to apply. It also wants the "requirements for an
English language test, educational credentials, current employment, and
valid immigration status" removed. "Any other
inadmissibility requirements must also be removed," it states, "and the
application fees waived for low-wage workers."
The temporary
immigration "pathways" for
migrant workers and students announced by Minister of Immigration,
Refugees and Citizenship Marco Mendicino on
April 14 is a refusal by the government of Canada to put an end to its
discriminatory immigration practices. Spearheaded by migrant rights
organizations, Canadians have been demanding
substantive change and renewal of Canada's immigration practices but
the government has ignored these calls of Status for All.
More
than 450 labour and social justice organizations called on the
Minister and Prime Minister earlier this year to implement a
single-tier immigration system, with equality and rights
for all, where all migrant workers, students, refugees and undocumented
people in the country are given full immigration status without
exception.
Mendicino's "pathways to immigration"
sidesteps any serious reform based on recognizing the rights of all.
The Trudeau Liberals are quick to say that the pandemic has
revealed
inequalities in our society. This is clearly the case with 850,000
temporary study and work permits being issued in
Canada every year to people whose contribution to Canada is called
"essential." Yet Canada's immigration practices make it impossible for
the vast majority to attain full immigration status
as landed immigrants.
But now when the pandemic
disrupts the immigration targets set
according to the self-serving interests of the rich, then with big
smiles Minister Mendicino announces "we want you to
stay." Without any sense of shame the Minister declares that from May
to November this year Canada is opening 90,000 permanent resident spots
to migrant workers and students currently
living and working here: 20,000 for temporary foreign workers in health
care; 30,000 for those in other selected essential occupations; and the
remaining 40,000 for international students
who graduated from a Canadian institution.
Everything about
this "pathways to immigration" window is
discriminatory, just a temporary loosening of Canada's discriminatory
immigration practices. It is only for this year. Migrant
workers and students arriving next year or the year after to perform
the same essential duties and to study, will be out of luck.
"Pathways
to immigration" excludes tens of thousands of undocumented
residents who are employed openly through this corrupt system in health
care and other essential occupations --
but with no rights whatsoever.
Many who work in
agriculture, food production, construction and
other essential sectors have no chance because they don't meet the
"official language" proficiency requirements. Others
won't apply because the limited definition of family members they can
sponsor excludes their parents and other family members whom they
support at home through temporary work
programs here.
It is a disgrace. Canadians have
higher standards of equality and
human rights than this! Canada needs to renew its immigration practices
on the basis of affirming the rights of all,
equally, without any discrimination.
An April 20
press release from the Migrant
Rights Network informs that the federal government's 2021 Budget
"continues Canada's trajectory of temporary
migration, where the majority of new arrivals each year are on
temporary study, work or refugee permits without equal rights or
services."
We are informed that $168.3 million has
been set aside for "paying
for the management and the fallout of temporary immigration streams,
and almost a billion dollars for border
enforcement rather than ensuring full and permanent immigration status
for all." Its announcement "of a childcare program does not ensure
permanent resident status on arrival for the tens
of thousands of low-waged, racialized migrant women who take care of
children. There is no recovery without full equality and that requires
full and permanent immigration status for
all."
And even though the federal government
acknowledges that migrants
were responsible for 75 per cent of Canada's net GDP growth in 2019, it
fails to "ensure equal rights for
migrants."
The Budget "re-commits the federal
government to recently announced
time-limited and exclusionary pathways to permanent residence" as the
program "excludes undocumented
migrants, refugees, students in programs less than two years long,
those that are currently unemployed, those without valid work
authorization, those that cannot pass language exams, and
those in many essential industries."
As for the
government's intention to propose amendments to the Immigration
and Refugee Protection Act
to provide the Minister of Immigration, Refugees and Citizenship with
even more authority to determine who becomes a permanent resident, the
organization points out that over the last decade "incredible power has
been centralized in the Minister's hands
resulting in the proliferation of so-called Pilot Programs, creating
more and more temporary immigration streams and "pathways" to permanent
residency that few people can access. It is
time to overhaul the Immigration and Refugee Protection Act
to ensure permanent resident status for all migrants, including on
arrival."
The federal government's Budget proposal
of $656.1 million over five
years and $123.8 million ongoing to the Canada Border Services Agency
(CBSA) to modernize the borders means
that those funds "will likely result in increased immigration
enforcement, more integration with U.S. Border control but will not
ensure oversight of CBSA."
An amount of $57.6
million has been set aside to extend the
Mandatory Isolation Support for the Temporary Foreign Worker Program to
help employers offset costs associated with
temporary foreign workers fulfilling isolation requirements upon
entering Canada. However, "[s]ince the beginning of the pandemic," the
Migrant Rights Network points out, "increased
subsidies for employers have failed to improve quarantine conditions
for migrant workers." Instead, "[m]igrants need permanent resident
status to access and enforce rights."
Even though
$54.9 million has been allocated to Employment and
Social Development Canada and Immigration, Refugees and Citizenship
Canada to increase inspections, they "cannot
even share the fact or results of an inspection with the workers whose
complaints triggered those inspections in the first place," let alone
ensure that "they are compensated in instances of
abuse."
As for the $6.3 million to be set aside to
support faster processing
and improved service delivery of open work permits for vulnerable
workers: "Most migrants cannot apply for these
permits because of onerous application procedures which require access
to legal advice and documentation."
With regard to
the proposed $428.9 million investment, with $398.5
million in remaining amortization, to develop and deliver a new digital
platform for immigration processing, the
advocacy group notes: "The problems with the immigration system are not
just about technology. Processing backlogs and long wait times are the
result of the many unjust and impossible
requirements migrants must meet in order to access permanent residency."
As for the planned $49.5 million to support community-based
organizations in the provision of migrant worker programs and services,
the organization notes: "This funding aims to
provide rights information to migrants without permanent resident
status that migrant groups have called a "waste of resources." The
problem, it points out, "is not that migrants don't have
information about their rights, it's that they are either excluded from
rights or cannot assert those they do have without risking termination
and deportation, because of their temporary
immigration status."
A march from Montreal to Ottawa
is planned July 18 to 25 in support of the demand of status for all
migrant workers and action from the Trudeau government. The theme of
the actions is "Trudeau, we're tired of waiting, we're on our way!"
This action and others were announced at a press conference
March 27 hosted by Solidarity Across Borders that was addressed as well
by representatives of Le Front d'action populaire en
réaménagement urbain (FRAPRU), La Coalition
étudiante pour un virage environnemental et social (CEVES),
Caring for Social Justice Collective, La
Fédération des femmes du Québec and
Conseil central du Montréal métropolitain de la
CSN.
The march and other actions are being
organized to build support for an ongoing, comprehensive regularization
program for all migrants with precarious status. Speakers called on
workers, women, Indigenous peoples, youth and people from all walks of
life to step up mass actions in support of the demand for full
immigration status for migrant workers and students in Canada, in
defence of human dignity and the rights of all.
A
press release issued by Solidarity Across Borders announcing the press
conference points out "The COVID-19 pandemic has pushed migrants
without permanent status into ever deeper precarity while
simultaneously shining a public spotlight on the place they hold in
Canadian society as both essential to the capitalist economy and
disposable. The pan-Canadian Migrant Rights Network has taken the lead
in mobilizing support across Quebec and Canada for status for all, a
position echoed in recent months by Louise Arbour, the City of
Montreal, and Amnistie internationale Canada francophone."
Recent
changes to immigration rules continue to deny access to permanent
resident status to the vast majority of migrant workers in Canada,
including farm workers who are returning to Canada now for the 2021
season. The ruling elite continues to divide workers and deny rights to
migrant workers in order to justify their super-exploitation. Migrant
workers are part of the Canadian working class and the work done by
farm workers, workers in health care, the service sector, warehousing,
food processing, transportation and other sectors has been recognized
as essential. There is no justification for dividing the working class
into those with status and those without. The necessity for governments
to guarantee the rights of all is urgent and immediate.
TML
Monthly
fully supports the march on Ottawa and other actions in defence of the
rights of migrant workers and will provide more information on the
actions as it becomes available.
March
7, 2021. On the eve of the trial of Derek Chauvin for the murder of
George Floyd, 1,000 people marched through downtown Minneapolis,
Minnesota with a
scroll bearing more than 470 names of people killed by Minneapolis
police.
A lot is spoken about U.S.
President Joe Biden's first one hundred
days in office. All kinds of opinions are given about what he has or
has not accomplished.
What is significant, however, is what is kept hidden -- which is that
he is committing crimes against humanity, both within the United States
and all over the world, in the name of human
rights, democracy, the environment and peace. In other words, his
mission is to perpetuate fraud on a grand scale so as to shield the
rule of a small elite by making sure the majority are not
able to seize the initiative at this time to turn things around in
their favour.
In his first 100 days Biden has said
he is supporting racial
justice, democracy, climate action and peace. The claims are
intentional deception which is precisely what constitutes fraud.
The intention is to hide the continuing U.S. crimes both at home and
abroad, be they more police racist killings, or actions which
negatively target immigrants and refugees, seeking to
perpetuate the war against Afghanistan, foment tensions against China,
Korea, Iran and Syria, step up the criminal blockade to bring down
Cuba, and more.
Fraud is the means used to divert
the people's movements from
realizing their own aims to have greater control and accountability and
to guarantee the rights of all will be protected.
Fraud is also the means used to get everyone to accept the president as
the source of change and rely on the presidency for everything.
The
Derek Chauvin guilty verdict for the murder of George Floyd was
rendered on April 20. It was won because of the persistence of the
movement across the U.S. demanding justice.
The ruling elite could give no argument to get Chauvin off the hook for
his crime. But according to Biden it is thanks to the justice system
that Chauvin was found guilty. This is fraud!
Biden spoke both before and after the conviction to give himself
anti-racist credentials. Trying to associate himself with the demands
of the movement concerning the need for significant
change, he mentioned the need to confront "systemic racism and the
racial disparities that exist in policing and in our criminal justice
system more broadly," and "the knee on the neck of
justice for Black Americans." He then called on everyone to rely on the
president and his Department of Justice to solve the problems. To show
he means it, on the day after the conviction
the Justice Department launched an investigation into the Minneapolis
police department to determine if there is a "pattern or practice of
unconstitutional or unlawful policing." He also
stressed that the president worked closely with the Minnesota attorney
general in prosecuting the Chauvin case.
The
reputation of the Justice Department is such that nobody is
confused about the fraudulent role it plays. Across the U.S. people
call it the Injustice Department. Neither Biden nor the
news media that perpetuate his disinformation mention, and purposely,
that police in the U.S. have killed at least 64 civilians just since
the Chauvin trial began in March, with the killings of
Daunte Wright (aged 20), Adam Toledo (13), and Ma'Khia Bryant (16),
recent
examples. There is an intentional pattern of racist state violence and
killings targeting African Americans. Yet
according to the Biden administration, the very forces responsible for
the crimes, with the Injustice Department prime among them, are to be
relied on to solve the problem.
April 14, 2021. Demonstration in Minneapolis suburb following the
police killing of Daunte Wright on April 11, 2021.
This
example, among all the others, plainly illustrates the nature
of fraud -- that those most responsible for the crimes committed are
also the ones with the power to decide who is
committing the crimes and who is punished.
When it
comes to accountability, Biden repeats the nonsense that the
problem is that of a few "bad apples:" "(M)ost men and women who wear
the badge serve their communities
honourably." During the Chauvin trial the Minnesota attorney general
gave the same argument. The trial was not about policing, but about
Chauvin, he said. "This is not an anti-police
prosecution, it's a pro-police prosecution." This stand is directly
aimed at the hundreds and thousands of people who are defending rights
by demanding fundamental change to policing
itself.
Biden has also chosen not to speak to a
report issued April 27 by
the International Commission of Inquiry on Systemic Racist Police
Violence in the United States, which concluded that
there is "a continuing pattern of gross and reliably attested
violations of human rights and fundamental freedoms. The Commissioners
find a pattern and practice of racist police violence in
the U.S. in the context of a history of oppression dating back to the
extermination of First Nations peoples, the enslavement of Africans,
the militarization of U.S. society, and the continued
perpetuation of structural racism."
The
Commission of Inquiry also provided concrete steps the president can
take, such as supporting "legislation aimed at divesting federal
resources from incarceration and policing,"
demilitarization and removing the immunity police now have for their
crimes. It calls for the U.S. executive and legislative branches to
"acknowledge that the transatlantic trade in Africans,
enslavement, colonization and colonialism were Crimes against Humanity"
that require reparations, including "a formal apology, health
initiatives, educational opportunities, an African
knowledge program, psychological rehabilitation, technology transfer,
financial support, and debt cancellation."
Biden
has acknowledged neither the report nor its recommendations.
Instead, he talks about the work "we do every day to change hearts and
minds." This is the same vacuous
justification given to defend the criminal U.S. occupation of
Afghanistan. He goes out of his way to target the broad and persistent
actions demanding justice and calling for the people to
decide matters like policing, crime and punishment and war and peace,
saying that "peaceful" protest is acceptable but violent "agitators and
extremists" cannot be allowed to succeed.
This
brings out a problem the Biden presidency is facing which is
that the arguments given to justify what cannot be justified are very
weak, without any substance whatsoever. The
entire world has witnessed and continues to witness practically every
day the unfettered violence and brutality used by police agencies at
all levels against protests in various cities all over
the country, while federal police forces decide what is and is not
"violent." Millions support the protests but what to think about them
and how to judge them is not in their hands. The
purposeful campaign of disinformation about the racist assaults against
Blacks, Hispanics and Asians and the story that the president is
concerned and doing something about the matter
constitute fraud.
Biden is also silent about the
fact that 34 states have introduced
81 anti-protest bills during the 2021 legislative session -- more than
twice that in any other year. In Florida such a bill
has become law. It criminalizes protests that obstruct traffic, makes
defacing monuments a felony, blocks bail, and makes "mob intimidation"
a crime. "Mob intimidation" is defined as three
or more people acting with intent to force another to take their
viewpoints.
Systematically, from the federal
government on down, it is
resistance that is criminalized while those most accountable for crimes
are protected and given the power to judge those
crimes and decide what is to be done. It is precisely this matter of
concern about who decides and defines such issues as security and
policing that is being raised by the broad mass
protests. The persistence of the people's movement for rights and
justice indicates that the people will continue to rely on their own
efforts, not the fraud of the Biden presidency which
insists that safeguarding the U.S. constitutional order is the way
forward.
March 15, 2021. Action in Chicago, Illinois demands U.S. get out of
Haiti
Another example of the fraud the Biden
presidency is perpetrating
concerns matters related to migration and refugees. President Biden has
said the U.S. is intervening at the border with
Mexico and in Guatemala, Honduras and El Salvador on a humanitarian
basis. Conditions on the ground however show he has not only continued
but even increased large numbers of
deportations, not only to those countries but to Haiti as well.
Immigration and Customs Enforcement and Border Patrol have continued to
impose brutal and illegal conditions, not only
against the many thousands of children at the border but also against
the large number of people seeking asylum.
The
claim is made that yet more U.S. intervention in these countries will
address the "root causes" of immigration. These interventions include
by-passing government officials to build
relations directly with "civil society, from social issue groups to
members of the private sector, members of the media." It includes
funding of various kinds which have long been used to
disrupt and destroy the economies and governance of these countries in
a manner that favours integration into the U.S. war machine. For
example, $125 million was given from USAID,
notorious for ruining economies, and $104 million went to "protect"
people in the region. Part of the "humanitarian aid" also comes from
the Pentagon, which will provide $26 million "to
increase its partnership activities in the region" -- meaning further
integrating military forces in these countries under U.S. command while
also more broadly militarizing life. The U.S.
Department of Agriculture will provide $25 million to "strengthen the
Guatemalan agricultural sector and facilitate access to financing," and
$30 million to "expand access to daily meals
and literacy activities to school children."
The
long history of U.S. intervention of this type is responsible
for ruining the economies of these countries in the first place and for
fomenting coups and aggressions and propping up
corrupt regimes. The fraud is the claim that these funds are for
humanitarian purposes, not to further integrate and control the peoples
of Central America so as to disrupt their resistance,
including their united efforts with the people of the U.S. to end all
such interference and provide for relations of mutual support and
benefit.
May 1, 2021. As in other cities demonstration in Washington DC, focuses
on the rights of immigrants and those without status.
Matters of immigration are also connected to U.S. war plans.
Greater control of Mexico and Canada and their integration into a North
America of the U.S. Imperialists is being
extended to the countries of Central America and the Caribbean as well.
President Biden has chosen the anniversary of 9/11 this coming
September to withdraw U.S. troops from Afghanistan. In his address to
Congress on April 28, Biden said, "We went to
Afghanistan to get the terrorists who attacked us on 9/11," which
clarifies nothing about either why the U.S. really invaded Afghanistan
or how it or Afghanistan have fared since the
invasion. He just lamely says that "the United States will remain
vigilant about the threat from terrorist groups that have metastasized
around the world. We will continue to monitor and
disrupt any threat to us that emerges from Afghanistan." He
specifically names "Yemen, Syria, Somalia, and other places in Africa
and the Middle East and beyond," as threats.
The
anniversary of 9/11 is being invoked to win the "hearts and
minds" of the people and cover up that the U.S. war against Afghanistan
is a criminal war of aggression. As well, while
Biden says troops will be withdrawn, nothing is known about the
Pentagon's at least 18,000 private military contractors present in that
country. No one is to be held accountable for the
collective punishment of the people of Afghanistan for a crime they did
not commit, for the broad and continuing genocide and U.S. interference.
The demand of the anti-war movement in the United States is
for all
U.S. troops to be brought home and for all foreign U.S. military bases
to be dismantled as a critical step to
safeguard peace in the world. But for Biden, U.S. aggression and
intervention of all kinds are a means to "position us to win the
competition for the 21st Century" and to have "a Union
more perfect. More prosperous. More just. As one people. One nation.
One America."
As
the people and their demands have made clear, there are two Americas
contending for the future. One, represented by Biden, is the America
which is committing untold crimes to
maintain the existing social relations which ensure the rich remain in
power and the state is structured to ensure war, inequality and
injustice. The other America is that comprised of the
people fighting to bring into being new relations and structures that
favour their interests, that protect and guarantee their rights at home
and those of the peoples of all countries
abroad.
Limiting the struggles being waged by the
peoples to the confines
dictated by the perpetrators of the crimes against them is not part of
the people's equation. Their struggles are not to
be limited by joining Biden's calls to preserve the existing
constitutional order which ensures more crimes against humanity. The
people of the U.S are joining those of the world in
standing as one humanity, with one struggle for the right of the
peoples to govern and decide, for international relations of mutual
respect and benefit.
The New rejects the fraud
being committed by the Old, the fraud of
U.S.-style democracy and its need for war measures to protect the U.S.
as the indispensable nation that opposes
autocracy and protects freedom. The people's movement persists in
demanding decision-making of, by and for the peoples.
Biden has become the spokesman for fraud, saying "Our Constitution
opens with the words, 'We the People.' It's time we remembered that We
the People are the government."
Across the United
States, the people are arising and giving their
response: We the people is we the majority, we the propertyless, we who
will persist in fighting for a future where we
decide.
(Photos:
VOR, Daviss, Shawn in Arizona, T.P. Quang, Black Alliance for
PEace, Cosecha NY, NAKASEC)
On April 27, the International
Commission of Inquiry on Systemic Racist Police Violence in the United
States held a press conference where it released the final 188-page
report of its investigations into the U.S. for its violations of human
rights of its citizens and residents of African descent, concluding
these crimes warrant prosecution under international law.
The
International Commission of Inquiry was organized by the National
Conference of Black Lawyers, the International Association of
Democratic Lawyers, and the National Lawyers Guild. The Commission was
comprised of 12 legal experts from 11 countries -- Antigua and Barbuda,
Barbados, Costa Rica, France, India, Jamaica, Japan, Nigeria, Pakistan,
South Africa, the UK -- and four rapporteurs from the U.S.
The
Executive Summary of the Commission's report states its purpose is to
"examine whether widespread and systematic racist violence in policing
against people of African descent in the United States of America
(U.S.) has resulted in a continuing pattern of gross and reliably
attested violations of human rights and fundamental freedoms. The
Commissioners find a pattern and practice of racist police violence in
the U.S. in the context of a history of oppression dating back to the
extermination of First Nations peoples, the enslavement of Africans,
the militarization of U.S. society, and the continued perpetuation of
structural racism."
The Commission held public
hearings from January 18 to February 6, 2021. The Executive Summary
explains that "All cases selected for the hearings involved the
egregious and unjustified killing or maiming of individuals of African
descent in the U.S., including: (1) the killing of unarmed individuals
who posed no threat of death or serious bodily harm; (2) the killing of
individuals fleeing the police who posed no serious threat of death or
serious bodily harm to the officers they were fleeing or others; (3)
the use of, or threat to use, physical or psychological intimidation to
extract confessions; and (4) the maiming of individuals fleeing the
police and/or who posed no serious threat of death or serious bodily
harm to others." Of the 44 Black people whose cases were reviewed in
the hearings, all but one was killed by police.
In
the "Summary of Findings and Recommendations" in the Executive Summary,
the Commissioners state that they "find violations of the rights to:
life, security, freedom from torture, freedom from discrimination,
mental health, access to remedies for violations, fair trial and
presumption of innocence, and to be treated with humanity and respect.
The Commissioners find violations of the State's duty to provide
medical care to detained persons; to ensure investigations of
extrajudicial killings that are independent, competent, thorough and
effective; and to provide prosecution of suspects and punishment of
perpetrators to ensure that perpetrators are held accountable. The
Commissioners find that U.S. laws and police practices do not comply
with the international standards on the use of force, which require
legal basis, legitimate objective, necessity, precautions,
proportionality, protection of life, non-discrimination, and
accountability."
The Commissioners point out the
"disproportionate use of excessive force by police led to the deaths of
the 43 Black people in the cases they examined" through the use of
restraints, firearms and Tasers, and that they "similarly find a
pattern of unlawful and excessive force employed against people of
African descent by chokeholds and compression asphyxiation, by kneeling
or standing on the victim, by cuffing the victim face down and by
applying pressure to the victim's head and neck."
The
Commissioners also highlighted "that the use of force against
unarmed people of African descent during traffic and investigatory
stops is driven by racial stereotypes and racial biases resulting in
U.S. law enforcement agencies routinely targeting people of African
descent for questioning, arrest and detention based on racist
associations between Blackness and criminality." They similarly noted a
pattern for "race-based street stops, otherwise known as
'stop-and-frisk,' [...] a form of 'order maintenance' policing that
drives not only racially disparate rates of arrests, but also often
triggers the use of deadly force by police. [...] The continual
harassment of Black people via stop-and-frisk is reminiscent of the
socially accepted practice during the era of the slave patrols, when
every white person had the right to control the movements and
activities of Black people." They also highlighted how the police carry
out wrong-doing with impunity and with collusion from other parts of
the legal system that compounds the violation of rights.
Based
on their investigations, "The Commissioners find a prima
facie case of Crimes against Humanity warranting an
investigation by the International Criminal Court (ICC). The crimes
under the Rome Statute include: Murder, Severe Deprivation of Physical
Liberty, Torture, Persecution of people of African descent, and other
Inhumane Acts, which occurred in the context of a widespread or
systematic attack directed against the civilian population of Black
people in the U.S."
The Commission goes on to call
on the UN High Commissioner for Human Rights "to support the
following in her report mandated by the UN Human Rights Council (UNHRC)
in its
Resolution 43/1:
"a. Constitution by the UNHRC of
an independent Commission of Inquiry mandated to conduct full
investigation into incidents of police violence against people of
African descent in the United States and to determine, in particular,
whether the level of violence constitutes gross violation of human
rights and whether crimes under international criminal law have been
and continue to be committed;
"b. In order to
establish a continuous process to monitor systemic racist police
violence in the United States, the appointment by the UNHRC of an
Independent Expert on Systemic Racist Police Violence in the United
States;
"c. Call for the demilitarization of law
enforcement throughout the United States; and
"d.
Call for an end to impunity and for accountability of police officials
resorting to racist violence and unjustified force before independent
civilian review boards and in criminal and civil proceedings of the
justice system in the United States."
Further, "The
Commissioners call on the Office of the Prosecutor of the International
Criminal Court, upon receipt of the report of the Commission of
Inquiry, to initiate an investigation into Crimes against Humanity
(Article 7), pursuant to her/his powers under Rome Statute, Article 15."
Given that the U.S. has thus far refused to ratify the Rome
Statute to become a party to the ICC, to avoid being held to account
for its crimes at home and abroad and protect its military forces from
prosecution, "The Commissioners call on the
Executive Branch of the U.S. Government to:
"a.
Accept the jurisdiction of the ICC in relation to the U.S. under
Article 12 with respect to any and all Crimes against Humanity as
defined in the Rome Statute;
"b. Sign the Rome
Statute of the ICC and transmit it to the U.S. Senate for consent to
ratification;
"c. Remove the non-self-executing
language in the ratification of the International Covenant on Civil and
Political Rights and/or pass full implementing legislation of this
treaty, including the provisions in Article 20, which prohibits
propaganda for war and speech that promotes hatred of racial or
religious groups or incites discrimination or violence against people
of racial or religious groups;
"d. Fully enforce
the International Convention on the Elimination of All Forms of Racial
Discrimination, and the Convention Against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment, which the U.S. has
ratified;
"e. Ratify all other international human
rights treaties, as well as regional treaties;
"f.
Support legislation aimed at divesting federal resources from
incarceration and policing as well as ending the criminal legal
system-driven harms that have disproportionately criminalized Black and
Brown communities, LGBTQIA people, Indigenous people, and disabled
people, and instead, utilizing funding initiatives, and invest in new
non-punitive and non-carceral approaches to community safety;
"g. Create an effective and robust system of combating
institutionalized racism within all law enforcement agencies, to be
monitored by an independently elected body, in consultation with civil
society organizations committed to principles of civil liberties and
non-discrimination;
"h. Remove the personal
immunity that protects individual police officers from civil lawsuits
filed by members of the public, and impose a clear duty on police
officers to de-escalate all encounters before force is used; and
"i. Develop policies and support for legislation to
demilitarize policing throughout the United States and accomplish a
complete overhaul of current policies and training practices including,
but not limited to: (i) outlawing use of force except in conformity
with UN Guidance on Less Lethal Weapons in Law Enforcement during
arrest, custody and assembly based on: precaution, necessity, and
proportionality; (ii) outlawing chokeholds and outlawing other subduing
tactics that cut off breathing or blood circulation; (iii) outlawing
excessive use of Tasers; (iv) prohibiting no-knock warrants; and (vi)
outlawing use of force except in conformity with UN Basic Principles on
the Use of Force and Firearms by Law Enforcement Officials [...]"
In their final two recommendations, the Commissioners
highlight the need for the U.S. government to provide reparations for
its role in the historical crimes associated with the enslavement of
African peoples:
"The Commissioners recommend that
the U.S. executive and legislative branches acknowledge that the
transatlantic trade in Africans, enslavement, colonization and
colonialism were Crimes against Humanity and are among the major
sources and manifestations of racism, racial discrimination,
Afrophobia, xenophobia and related intolerance. Past injustices and
crimes against people of African descent in the U.S. must be addressed
with reparatory justice.
"The Commissioners also
recommend that the U.S. Congress establish a commission to examine
enslavement and racial discrimination in the colonies and the U.S. from
1619 to the present and recommend appropriate remedies. The
Commissioners urge the U.S. to consider seriously applying analogous
elements contained in the Caribbean Community's Ten-Point Action Plan
on Reparations, which includes a formal apology, health initiatives,
educational opportunities, an African knowledge program, psychological
rehabilitation, technology transfer, financial support, and debt
cancellation."
April 19, 2021. Demonstration in Minneapolis the day before the jury
gave its verdict in the Derek Chauvin trial.
On
April 20, former Minneapolis cop Derek
Chauvin was convicted on all charges in the brutal public lynching of
George Floyd. For the Floyd family, the
conviction offered some solace that the courts did not allow Floyd's
life to be taken with impunity. For many of us, however, it was a
hollow "victory," not only because prisons don't solve
our problems, but because we know police don't either. [...]
Past
precedent shows there would have been no reckoning, even a
limited and flawed reckoning, had there not been the massive protests
that swept this country in the wake of Floyd's
murder.
Now, at the same time that the criminal
legal system is
congratulating itself for sending Chauvin to prison, the very protests
that brought the case to national attention are being
criminalized.
This
week, after making the racist assertion that Minneapolis officials
allowed protesters to "run wild" in the streets, Gov. Ron DeSantis
signed an ominous bill that seeks to essentially
criminalize protest in the state of Florida, clearly targeting protests
under the banner of Black Lives Matter. It is a dangerous harbinger of
what may be in store for other parts of the
country. Indeed, the New York Times reports that
"GOP
lawmakers in 34 states have introduced 81 anti-protest bills during the
2021 legislative session -- more than twice as many
proposals as in any other year."
The bottom line is
that, while all eyes are on Minnesota, Florida
House Bill 1, dubbed the "anti-riot" bill, and the other looming bills
like it, have the potential to have a far greater
impact on movements to combat racialized state violence than the
Chauvin conviction.
Let me first speak to the
limits and contradictions of the verdict
in Minneapolis. Chauvin murdered Floyd in broad daylight in front of
witnesses and it was recorded. This was an
egregious case of wanton violence, and fortunately the jury agreed. But
what is the takeaway? That the criminal legal system has overcome 400
years of systemic, deep-seated racism by
holding a single police officer accountable for the kind of racist
violence that has become all too routine? That is the wrong conclusion.
It is not only ahistorical and shortsighted, but it
gives a distorted sense of progress.
To let one
cop, albeit a racist and violent one, be the scapegoat
for a systemic set of problems is to deny the systemic nature of those
very problems. Daunte Wright's mother was
prescient and eloquent when she said, "Justice would bring our son home
to us," and "there's never going to be justice for us." She went on to
say that there can and should be
accountability for her son's murder at the hands of yet another
Minnesota police officer. However, she understood that the demand for
justice requires something much more.
All of that
said, two things are important to remember. Cops should
certainly not get special exemptions for heinous acts of violence, even
if they become common. Secondly, however,
locking up one cop won't bring back our murdered children, neighbours,
friends and loved ones, nor will it prevent future violence.
What is necessary
is fundamental systemic change. We have to listen
to those calling for moving away from policing as we know it and making
prisons obsolete. That should be our
goal, as congresswoman Rashida Tlaib has courageously argued. We should
be moving resources away from policing and toward community services,
mental health services, jobs and
projects that prevent violence, de-escalate violent situations and save
lives.
The new Florida anti-protest law puts a
formidable obstacle in the
path to this kind of systemic change by subverting the movements that
have been the principal catalysts for change.
The law criminalizes protests that obstruct traffic and makes defacing
monuments a felony. It also punishes local governments that decline to
be heavy-handed in suppressing protests,
mandating that local officials will be charged for damages done in such
protests. It calls for six-month mandatory sentencing for any protester
who commits assault upon a police officer. Of
course, there are many cases where protesters are being beaten and
their deflection of blows gets conveniently labelled as "assault."
The law also uses the language of "mob intimidation," which is
defined vaguely as three or more people acting with intent to force
another to take their viewpoints. It is unimaginable
how such a law could be fairly enforced. Conceivably, a political
argument on a street corner could be cause for arrest. If this is not
censorship, I don't know what is.
Another
particularly disturbing feature of the bill is that it
prevents people from being bailed out of jail until their first court
appearance, which essentially mandates detention of
protesters prior to a conviction for any crime. This is reminiscent of
the detention without charge policies that characterized dictatorships
around the world and regimes like the former
apartheid system in South Africa. As others have pointed out, many of
the behaviours stipulated in the law are already in criminal statutes,
and is therefore redundant, but designed to
intimidate and deter activists.
It is important
that we make these linkages between the Florida law
and the skewed framing of the Derek Chauvin trial. The only reason
there is a trial in Hennepin County, Minnesota,
for the heinous murder of George Floyd in broad daylight is because
there were loud and persistent protests in the streets of this country.
Had there not been protests, there would have
likely been an "accidental death" report. No investigation and no trial.
In fact, the initial press release from the police, before
videos
surfaced, was a complete cover-up. So, the Florida law prevents an
important mechanism for achieving a modicum of
justice, which is the right of citizens and residents to protest.
The challenge to social movements, then, is to be ever
courageous
and creative in speaking truth to power, no matter what censoring
measures those in power attempt to impose in
Florida and beyond. As Minneapolis Black Visions Collective leader
Kandace Montgomery insists, "The fight for justice is far from over."
May 1, 2021. Banner in May Day demonstration in Bolivia stands with
Cuban people against
the U.S. blockade.
People around the world, even
in areas hardest
hit by the pandemic and its economic consequences as a result of the
gross irresponsibility of neo-liberal
governments, are not just continuing but escalating their fights for
rights on different fronts. Oppressed peoples in Latin America and the
Caribbean, an area with a combined population
approaching 659 million, stand second to none in this regard.
The heroism of the Cuban people stands out in this regard as
they
complete the trials for two vaccines. They have created these
through their own efforts even as they not only manage to sustain
themselves in the face of an ever more cruel U.S. blockade designed to
make them
surrender, but open new prospects for their independent stand in
defence
of the right to be. Their humanitarian internationalism stands in sharp
contrast to the imperialist bullying, threats and monopoly over the use
of force exercised by the United States only ninety miles away.
The fights being waged by the Haitian people stand out as
well, as
do those of the Colombian people who are rising in unprecedented
numbers to join a national strike taking place throughout the country
since April 28. Sharp political battles are being
waged by the working people and youth of these two countries, some
paying with their lives at the hands of official
police and military forces or criminal gangs and paid assassins used by
the ruling elite and their state to carry out a dirty war of terror
against the people's forces.
The governments of
both Haiti and Colombia are known to work hand in
hand with and, in many cases, take their marching orders from the U.S.
embassies in their countries. The police
forces of both Haiti and Colombia have received training from Canadian
police.
TML Monthly is providing
updates on these actions and those
of other peoples in the region fighting for peace, democracy and
justice and in defence of their sovereignty and
independence.
(With files
from news agencies and local TML correspondents)
The
people of Haiti have for several
months been waging a non-stop fight to rid themselves of an
illegitimate foreign-backed dictator who refused to relinquish power
when his term expired, but has carried on ruling by decree, persecuting
his opponents and engaging in one unconstitutional act after another to
prevent the people from expressing their democratic will. The Haitian
people's actions in defence of their rights are all the more heroic
because they are standing up to an entire "multilateral" arsenal of
imperialist subversion and violence aimed at preventing them from
empowering themselves as the masters of their own destiny.
Their
determination to put an end to the death squad democracy that the U.S.
and its Core Group (Canada, France, Germany, Spain,
Brazil, the European Union and representatives of the United Nations
and
the Organization of American States) have imposed on Haiti is
profoundly
patriotic and anti-imperialist. The Haitian people's struggle for
freedom, democracy and human rights in today's conditions shows they
are worthy sons and daughters of the formerly enslaved people who,
through their own revolutionary efforts, defeated successive European
powers and were the first to throw off both slavery and colonial rule
over 200 years ago.
Banner in May 2021 protest in Haiti: "We Want to Live! We Have a Right
to Live"
The people of Colombia have risen in what is
at this point a full blown uprising against the anti-people,
neo-liberal, pro-war agenda of the government of Iván
Duque and his mentor, the nefarious former president and alleged death
squad patron, Álvaro Uribe. The uprising began on April 28
as a one-day
national strike. It was called mainly by
trade unions and social movements to demand Duque withdraw his
government's neo-liberal restructuring plan, starting with the
cancellation of regressive new tax measures. These would place
the heaviest burden on millions of working and impoverished Colombians
whose backs are already against the wall, having been left largely on
their own to try and survive a badly
managed pandemic and its devastating economic consequences.
For
daring to take their demands to the streets and squares of their
towns and cities, participants in the strike were met from day one with
violence and deadly force, with eight killed on
April 28. Most were young and were shot to death, presumably by members
of the hated riot squad or other police. While youth and students make
up the main force in the streets, there
are many social movements and others involved as well -- working people
and professionals from different sectors, including informal workers,
political organizations, artists, musicians and
others. Members of the Indigenous Guard who play a similar role in
their traditional territories have taken on the role of protecting the
marches and demonstrations.
Many
cities are
militarized, with tanks and other armed vehicles on
the streets and helicopters flying low over certain
neighbourhoods. Colombia's third largest city
Cali quickly became a virtual theatre of war and epicentre of the
state's terror operation with the Army's top commander personally in
charge of it. According to the non-governmental organizations Indepaz
and Temblores that are tracking the events, 47 people -- 2 women and 45
men – were killed between April 28 and May 8, with 35 of the
deaths occurring in Cali. Of the 47 deaths, 39 are alleged to
have been the result of police violence. This included at least
one person
shot while taking part peacefully in a candlelight vigil for victims
of police violence, and others who were apparently randomly shot from a
passing car. United Nations human rights monitors wearing vests to
identify themselves as such also reported being shot at by police in
Cali, saying they managed to avoid getting hit. Cell phone videos taken
by alarmed bystanders showed a group of men in civilian clothes jumping
out of the back of an unmarked truck and firing handguns as they ran
toward a group of people who appeared to be taking part in a
demonstration. Other videos showed a disgusted man standing by
the
truck holding up a jacket with "Police" written across the back, the
vehicle registration, as well as handcuffs and other tools of the trade
found inside after its windows were smashed open. This left police
little choice but to admit later that it was their truck and their
men.
May 6, 2021. University students take part in the protests.
The police
terror operation and use of agents-provocateurs and
infiltrators to carry out the vandalism and killings the government
wanted to pin on the youth to justify its criminal
treatment of them, did not bring the results it wanted. Rather than
succumbing to fear and division and leaving the fight to another day,
the youth stood firm, their courage and the justness
of their stands inspiring the workers, social movements, intellectuals
and others to continue the fight as well.
Feeling
the heat, Duque withdrew the IMF-inspired tax reform, saying
he was not shelving it but would reintroduce it with some
modifications. The next day, his Finance Minister -- the
architect of the reform -- resigned with his whole team.
None
of this has led to the protests being called off however,
especially with police continuing to arbitrarily arrest and kill people
for exercising their democratic right to protest, and with cities still
militarized. Instead, the youth, as well as social movements and
workers' organizations that make up the National Strike Committee
have stepped up and broadened their demands. They are now focusing not
only on the tax reform but calling for the cancellation of the
government's
plans to sell off public assets, further privatize health care and
other public services and introduce changes to the country's pension
system and labour laws. These are all part of a blueprint for
restructuring the
state in order to free up and generate more resources to use for paying
the rich by fleecing the people, in what is already one of the most
unequal countries in the world in terms of income.
Other
demands are:
- for a mass vaccination program and more rational management of the
pandemic
- free education
- implementation of the 2016 Peace
Agreement instead of obstructing it;
-
that the state do its duty and act to put an end to the intolerable
situation in the countryside where targeted killings and massacres of
social leaders
and former guerrilla members occur with impunity almost daily;[1] and
- that the hated riot squad (ESMAD) to be disbanded.
Many
youth say they have lost their fear and intend to keep
demonstrating until the state terror campaign of police brutality and
killings is stopped, and assurance is given that all those
responsible for the killings, injuries, arbitrary and irregular
arrests, detentions, beatings, torture and the sexual abuse of
protesters and other innocent people, including those who gave the
orders, are held to account and punished for their crimes.
"President Duque, Stop the Massacre!" (@annan_tkg)
With denunciations and calls for his resignation coming from
many quarters, Duque
seems to be looking for a way out out of his labyrinth by meeting with
what he calls
different "social sectors" and the National Strike
Committee without having
to deal with the youth. The youth are the driving force of the protests
now, as well
as the main victims of the unspeakable
atrocities associated with the military and police operation he ordered
and continues to defend[2].
The
United Nations, other multilateral organizations and governments,
including some close allies of Colombia have issued statements, most
zeroing in on the excessive or "disproportionate" use of force against
protesters and the importance of citizens' right to protest being
respected. Colombian Senator Iván Cepeda has indicated that
he
and a number of organizations that have been tracking the events plan
to launch a petition before the International Criminal Court asking
that President Iván Duque, former President Alvaro Uribe,
Minister of Defence Diego Molano, the Commander of the Army General
Eduardo Zapateiro and Head of the Police General José Luis
Vargas be held responsible for the crimes against humanity committed
during the strike.
Support has flowed from inside
Colombia and around the world in
different ways for those who have persisted in fighting for the demands
of the people in Colombia. Pickets and rallies
hailing their resistance and calling for an end to the police
repression and violence, with those responsible held to account
criminally, have been held in many countries including in several
Canadian cities.
TML Monthly
stands with the youth and people of Colombia courageously fighting for
their democratic rights and for an end to police violence and the state
terrorism that has drowned their country in blood for decades. All
those responsible, including at the highest levels of the state and
government, must be held accountable and punished for their crimes.
May 8, 2021. Rally in New
York City in solidarity with the Colombian people.
Note
1. Since the Peace Agreement was
signed in 2016, there have been 270
former FARC-EP members and some 1,200 social leaders murdered.
2. As of May 9 the organizations Temblores and
Indepaz, which are
documenting incidences of police violence and related events, report
that since April 28, 47 people have been killed,
39 allegedly as a result of police violence. Among them are four
minors,
with the vast majority of others whose age is known between 18 and 36
years of age. There have been 28 reported
eye injuries, 12 cases of women being sexually assaulted and 963
arbitrary arrests. The whereabouts of 438 people is unknown. Many of
those arrested and released said they were not taken
to police stations for processing but to irregular locations where they
were held incommunicado, without the required judicial oversight. Many
said they were beaten and subjected to threats,
torture or other cruel, inhuman, and degrading treatment at those
sites, often by people who did not seem to be police officers and were
not wearing uniforms.
(With
files from TeleSUR, El Tiempo. Photo: @ericay, reproducao twitter,
dealinrugs)
May 6, 2021. Montreal
demonstration in solidarity with Colombian people.
In
order
to further pay the rich, the Colombian government used the COVID-19
crisis to try to institute a tax reform, further increasing the
suffering of working people, along with reinforcing numerous other
neo-liberal measures, as so many other governments are doing at this
time. However, the Colombian people decided that they would have none
of it and that the pandemic would not prevent them from expressing
their opposition.
On April 28, they took to the
streets in millions across the country. The government responded with
armed force, which only increased their anger and determination to
defend their interests and their lives. After six days of a national
strike, the government was forced to withdraw its tax reform proposal.
But
the people recognized that that was not the only problem
they faced. They were standing against the paramilitary murders of
social leaders and former guerrilla combatants reintegrating into
civilian life since the signing of the peace agreement. They were
marching for peace and for the right to demonstrate. They were marching
to defend health care and education as a right for all. And they were
marching to demand justice in the face of the cold-blooded murders of
the
youth who were standing in the front ranks of this battle.
Colombians
resident in Montreal and Quebec declared that they may be absent from
their country of birth but their homeland and the fate of their
families and friends there is very present in their hearts and their
minds.
They have stepped forward, with the youth in
the forefront here too, along with other democratic and progressive
forces, to support the people in Colombia, condemn the crimes of the
Colombian government against the peaceful demonstrators, and are
calling on
the Quebec and Canadian governments to condemn the violence against
their people.
On Wednesday afternoon, May 5,
upwards of 100 people gathered in front of the Colombian consulate
where they spoke out for over an hour-and-a-half, expressing their
anger over the situation in Colombia and their determination to support
the resistance. Every participant was encouraged to raise their voice,
including activists from the Haitian diaspora and the Marxist Leninist
Party of Quebec.
Montreal,
May 5, 2021
The
next day at 5:00 pm, people
began gathering in front of the Maison Radio Canada to continue their
efforts to inform other Quebeckers and Canadians about the situation
their compatriots are facing in Colombia. Well over 500 people with
their flags, banners and placards, including members of Colombian
communities from Trois-Rivières and other towns, shouted
slogans, spoke out, signed a petition destined for the Canadian
government against the violence of the Duque government, sang and
danced, expressing their irresistible spirit of resistance.
Montreal, May 6, 2021.
The Quebec National Assembly unanimously passed a resolution
on May 6 condemning the violence against the demonstrators. It was also
decided that this resolution would be forwarded to the Prime
Minister of Canada and the Minister of Foreign Affairs.
One
of the demands of the movement is that the Quebec and Canadian
governments speak out against the murderous repression of the
demonstrations and demand that the Colombian Government respect their
demands for social reforms. However, there are few illusions that these
governments will do more than issue some statement against the violence
because of the interests of the rich whose investments they defend in
Colombia.
Nonetheless,
resistance to injustice is a right and a duty. Increasing numbers of
working people in Canada and Quebec are coming forward to support the
right of the Colombian people to defend their dignity and their
well-being.
Webinar
on Colombia Tuesday, May 18
-- 6:30-8:00 pm UK; 1:30-3:00 pm
EDT To register for Zoom
meeting, click here Facebook Organized
by: Justice for Colombia
Speakers
Diego
Martínez: human rights lawyer and legal
advisor to the FARC Reinaldo
Villalba: human
rights lawyer at
Corporación Colectivo de Abogados
José Alvear Restrepo Alirio Uribe:
human rights lawyer and ex-Member of Congress Professor Sara
Chandler QC (Hon): Chair, Colombia Caravana Hasan Dodwell:
Director, Justice for Colombia Sue Willman:
Chair, Law Society Human Rights Committee Chaired by
Clare Mellor: Director, Thompsons Solicitors
The
transitional justice system and judicial independence are under a
barrage of attacks in Colombia. The transitional justice system is part
of the final peace agreement signed between the Colombian government
and the FARC-EP in 2016, to render justice for the victims of the civil
war, and its functioning is being undermined by current and former
government members. This meeting will hear the latest update from
Colombian lawyers who put their lives on the line in defence of peace
and human rights.
May 8, 2021. Bolivian Movement Toward Socialism (MAS) government, led
by President Luis Arce, marks six months in office.
The Bolivian people -- both those living at
home and in the diaspora -- are active, as is their new government,
working to consolidate the gains of last October's
electoral victory that swept out of office the foreign-backed coup
forces that had usurped power for a year. The Movement Toward
Socialism (MAS) government led by President Luis
Arce is today forging ahead, restoring important nation-building
projects and public services which were shelved, defunded or privatized
by the illegitimate coup government of Jeanine
Añez.
One
of the new government's early actions was to return a
loan of over U.S.$340 million incurred illegally and with unacceptable
conditions from the International Monetary Fund. It
has also resumed the independent, anti-imperialist foreign policy
instituted by the government of Evo Morales. It has withdrawn from the
illegitimate Canada-led, U.S-inspired Lima Group formed to
attack
Venezuela, returned to the Bolivarian Alliance for the
Peoples of Our America -- People's Trade Treaty (ALBA-TCP) that
champions Latin American and Caribbean integration,
and joined a coalition of 17 countries calling themselves the "Group of
Friends in Defense of the Charter of the United Nations" that promotes
legal means instead of force for settling
problems internationally and upholding the aims and principles
enshrined in the UN Charter. It also acted swiftly to undo the effects
of the exclusionary and discriminatory practices of the
racist oligarchy's short-lived coup government, aimed at humiliating
Bolivia's majority Indigenous population, a proud and important base of
the MAS. The government has also acted to
bring to justice those responsible for the massacres and repression
carried out at Huayllani, Senkata and Sacaba in the early days of the
coup as well as the torture and political
imprisonment of anti-coup protesters and MAS leaders and others.
Currently former Senator Jeanine Añez, some former
ministers of her
"de facto" government and commanders of the military and police who led
the mutiny that allowed the coup to
succeed, and certain others who engaged in egregious human rights
abuses as part of the revenge-taking unleashed by the coup forces are
in jail or under house arrest, awaiting trial or under
investigation for various criminal offenses. This has provoked a hue
and cry about "political persecution" from their patrons in the U.S.
State Department, its henchman at the OAS who
incited the coup, a few colonial voices from Old Europe and some racist
oligarchs in Bolivia smarting from their defeat but still intent on
seizing power.
The demands of victims' families are
not calls for revenge, but for
those who murdered or injured their loved ones for their known or
presumed political views, and those who gave the
orders, to be punished.
According to the national
ombudsperson's office there were 35 people
killed, 533 injured, and over 1,500 arrested or detained in the days
surrounding the coup. Government officials
and/or their family members had their houses ransacked and burned by
violent mobs, while Evo Morales and Luis Arce were subjected to
ridiculous trumped up charges of sedition and
terrorism. They and some others accepted offers of asylum in other
countries until it was safe to return to Bolivia. Some were offered
asylum but, blocked from going to the airport,
were forced to remain inside the Mexican embassy for a year under
threat of
arrest should they so much as step outside. Still others were wrongly
jailed for months.
Today, Bolivians are very
active, organizing and speaking out inside
the country and internationally, holding webinars, online discussions
and engaging on social media to make sure the demand for justice is
broadly taken up so those who committed crimes against the people,
including those who gave the orders, are punished. Their slogans, "It's
not political persecution, it's justice!" and "It's not revenge, it's
justice" and "It was a coup" express the consciousness of the people
and their demands in response to the noise about "political
persecution." It is precisely political persecution and revenge-taking
that were hallmarks of the short, corrupt rule of Añez and
company.
The response to the accusations of the
U.S., the OAS and others was
a speedy one, not only from the organized patriotic Bolivian people,
but from a long list of statespersons, former presidents, foreign
ministers and other personalities who joined them in calling for a stop
to this ill-intentioned, illegitimate meddling in Bolivia's sovereign
affairs.
By remaining vigilant in
defence of their nation-building project
and affirming the rights of all members of the Plurinational State of
Bolivia, without exception, the people of Bolivia
are contributing to the further development of the liberating social
and cultural revolution they embarked on 15 years ago.
An
important electoral event takes place in Chile on May 15-16. Citizens
will elect the 155 members who will make up the Constitutional
Convention they overwhelmingly approved in a referendum held last year.
Those elected will work together to draft a new constitution to replace
the anti-people neo-liberal one left over from the days of the fascist
Pinochet dictatorship.
The Chilean people, with youth and students in the lead, fought
long and hard for 150 days in 2019 against the punishing neo-liberal
policies of the government of President Sebastian Piñera, to
the
point of almost bringing him down. They demonstrated bravely,
undeterred by the non-stop brutality of state security forces. Serious
eye injuries were sustained by 300 youth from police deliberately
firing pellet guns at their eyes. Police also killed 34 people. It was
the persistent fight of these fearless youth, supported by other
sections of the people, that opened the door for a new constitution to
be written, and for it to be done by citizens elected by their peers
solely for that purpose.
Ever since Chileans overwhelmingly voted in favour of that proposal,
rejecting one that called for sitting members of the national
legislature to make up half of the constituent body, they have been
organizing as best they can under the difficult conditions of a
punishing economic crisis and a dramatic sanitary crisis. They are
organizing to get enough
democratic voices elected to ensure the success of the work of the
Constitutional Convention in guaranteeing all Chileans the
fundamental rights, freedoms and benefits they have fought long
and hard for. An "exit referendum" will be held in 2022 in which
citizens will be asked to approve or reject the new constitution they
have drafted.
On
March 8, a Supreme Court Minister nullified all the charges and
sentences issued for convictions obtained as part of a corrupt lawfare
operation mounted against former President Luis Inácio Lula
da Silva, representing the serial violation of his rights over several
years, including the 19 months he spent in prison from April 2018 to
November 2019. Lula was exonerated
after the judge admitted as evidence a trove of damning leaked
conversations from the social media platform Telegram
revealing ongoing collusion among the "Operation Car
Wash" (Lava Jato) prosecutor who pressed multiple corruption charges
against Lula, celebrity judge Sergio Moro who convicted him without
evidence, and certain Supreme Court judges who also were part of the
conspiracy. Their conversations on the Telegram app revealed that the
charges against Lula were based on forged or coerced plea bargain
testimonies by jailed businessmen who all changed their stories
multiple times to obtain partial illicit asset retention, greatly
reduced sentences and transfer to house arrest. Also confirmed was the
fact that the Brazilians illegally worked hand in hand with U.S.
government authorities, as Lula's defence team had long alleged,
proving that the whole thing was an elaborate scheme to set up the
former president and take him out of the 2018 presidential race he was
on track to win. This is what opened the door for the election of Jair
Bolsonaro whose chaotic rule has left his government divided and
plunged Brazil into crisis, with not a few accusing him of genocide for
his criminal refusal to take measures to control the spread of the
pandemic in the country.
On April 15 an eight to
three Supreme
Court decision ratified the annulment of all Lula's sentences, fully
restoring his political rights. Lula is now free to run again for
elected office should he choose to do so, and has let it be known that
he is willing to present himself as the Workers' Party candidate in
next year's
presidential election. Voter intention polls taken shortly after he
made that known suggest he would once again be favoured to win. The
prospect of using the 2022 election to return Brazil to the path of
sovereignty and nation-building instead of submission to the U.S. and
nation-wrecking is bound to inspire many others as well, as it does
Lula, to ensure that fight is fought so it is won.
(With files from Brasil Wire. Photo: Brasil
Livre.)
Upcoming Supplement
May Day Around the World
May Day events at the
Delhi border protests in India celebrate the unity of the farmers
and workers against the three agricultural laws.
Coming
soon! Visit cpcml.ca
(To
access articles individually click on the black headline.)