It’s possible that I shall make an ass of myself. But in that case one can always get out of it with a little dialectic. I have, of course, so worded my proposition as to be right either way (K.Marx, Letter to F.Engels on the Indian Mutiny)
Wednesday, January 19, 2022
ITUC concerned at Tunisia's 'autocratic' anti-union repression The International Trade Union Confederation (ITUC) has voiced concern over a wave of repression in Tunisia following a 'coup' by President Saied, with trade unions tuning into another target for authorities.
President Kais Saied has displayed 'autocratic behaviour',
A global trade union hit out at Tunisia and its president, Kais Saied, on Tuesday over the alleged mistreatment of unionised workers, amid rising joblessness and impoverishment.
President Saied removed the country's premier and dissolved parliament on 25 July, before bypassing most of the constitution - actions that have been branded a "coup" by opponents.
Tunisian authorities now appear to be quashing the country's unionised workers.
State TV staff, on strike over the government's unwillingness to renew a collective bargaining deal, faced interrogation from police officers on Thursday, according to the International Trade Union Confederation (ITUC).
The worldwide union body said that certain staff were subsequently made to broadcast shows in an attempt to end the strike action.
The ITUC revealed its "serious concern over acts of anti-union repression by the authorities under the control of Tunisian President Kais Saied".
General Secretary Sharan Burrow argued: "The hope that sprang from Tunisia's revolution is being dashed by the autocratic behaviour of the president.
"Having refused repeated requests from the trade union centre UGTT [Tunisian General Labour Union] to work together on the problems facing the country, he has resorted to violent repression.
Burrow said that the Tunisian union played a key role in the North African country's 2011 revolution and will continue to support workers.
"The ITUC stands with the UGTT and its members and will do all we can to support them, to stop the repression and to ensure that the country does not simply bend to the diktats of the IMF, which would only increase poverty and unemployment," Borrow added.
The ITUC added that assaults, tear gas and other forms of violence were used against protesters on Friday as the nation marked the anniversary of an uprising which ousted long-time dictator Zine Al-Abidine ben Ali.
The organisation said multiple people were "brutally arrested" with some still being held and "facing charges".
Absurd ‘antisemitism’ charge against Emma Watson has exposed witchhunt strategy of Israel supporters
The good news of the Emma Watson's smearing is that this time even establishment types questioned Israel advocates' strategy of accusing Palestine's supporters of antisemitism-- and may even have noticed the anti-Palestinian bigotry that animates it.
It’s an obvious point, but the obvious bears repeating. The absurd accusations of antisemitism against actress Emma Watson last week for expressing solidarity for Palestinians have backfired against Israeli leaders and in one bright flash helped to discredit an ancient tried-and-true strategy of the Israel lobby: maligning critics of Israel’s policies as antisemites.
Israel’s supporters have been effective for years at muzzling critics by doing just that. The good news of the Emma Watson’s smearing is that this time even establishment types raised an eyebrow over the strategy– and may even have noticed the anti-Palestinian bigotry that animates it.
So we should embrace the Emma Watson moment, as another landmark in the march to the mainstream of Palestinian solidarity.
Back to the episode: On January 2, Watson published a rather anodyne declaration of Solidarity with Palestinians with an image of a demonstration from last May, and Israeli ambassador Gilan Erdan lectured her about supporting “evil” and former Israeli ambassador Danny Danon called her an antisemite.
It was overreach. CNN published criticisms of the antisemitism allegation, including from MSNBC journalist Ayman Mohyeldin.
Leah Greenberg, co-executive director of Indivisible, a US-based progressive political campaign organization, responded to Danon on Twitter. “A perfect demonstration of the utterly cynical and bad-faith weaponization of antisemitism to shut down basic expressions of solidarity with the Palestinian people…”
MSNBC host and former CNN journalist Ayman Mohyeldin was another who commented. “No joke, we are at the point where merely posting a vague picture referencing solidarity with Palestinians on Instagram gets you labeled as an antisemite,” he tweeted.
Miriam Margolyes, a Jewish actor who appeared in the Harry Potter movies that made Watson famous, also supported Emma Watson’s stance and called out the bad faith.
“The Israeli treatment of Palestinians is disgraceful. Anti-semitism is not at issue,” Margolyes, who was born to a secular Jewish family in Oxford, said, adding: “What matters is opposing cruelty, speaking out for compassion.”
“Criticizing Israel is not in itself, an anti-Semitic stance. Conflating the two is a form of disguised censorship,” she concluded.
Some Israel supporters recognized the damage of the attacks.
J Street’s political director expressed support for Emma Watson and accused her critics of “throwing around false accusations of antisemitism.” The Jerusalem Post editorial board rushed in to defend Emma Watson. “Fight Real Antisemitism, Not Emma Watson.”
[W]e also should not confuse real threats against Jews and a Hollywood actor’s poor social media choices. Antisemitism is a real threat that requires real action to confront it. Don’t confuse the two.
Though the Jerusalem Post also tried to shore up the Anti Defamation League’s witchhunt against Palestinian solidarity on campus.
ADL experts identified what they said was “a pattern of anti-Israel groups and activists blatantly demonizing pro-Israel and Zionist students,” and on occasion espousing antisemitic tropes, such as those alleging Jewish or Zionist power and control over the media and political affairs.
Several others have noted the Palestinian solidarity movement’s victory here.
The anti-Semitism smears are beginning to lose their potency…. Danon’s vicious attack on Watson was a bit of a self-own. It gave the game away: Israeli and pro-Israeli allegations of “anti-Semitism” are 99.99% of the time entirely fabricated, simply as a way to attack and undermine Palestinians and their supporters in the West. The bald-faced nature of the lie this time meant that some slightly more “mainstream” public figures felt able to defend Watson — in a way that they probably would not have done for Jeremy Corbyn, for example
Em Hilton, a British Jewish activist in London/Tel Aviv, echoed that view, writing in the British Tribune that Watson’s post shows that Palestinian solidarity is becoming “a part of the mainstream political discourse.” And Danon’s response was equally important.
[I]t showed that allegations of antisemitism levelled at those who have done nothing other than express solidarity with Palestinians are as malicious as they are absurd. We should hope that that fact sticks in the collective memory when the next set of accusations rolls around.
Hilton went on to link Danon’s post to anti-Palestinianism and the legal lies that politicians tell about the BDS campaign.
Danon’s post might have been absurd in its sheer and immediate overreach, but it was a logical extension of a process that seeks to render the very existence of Palestinians antisemitic, let alone displays of solidarity with them. This process has been at the heart of the strategy pursued by apologists of Israeli occupation for years…
Deeming Palestinian identity, imagery, history, and heritage an existential threat to Jews is used to shield Israel from any kind of meaningful scrutiny or accountability for its brutal human rights abuses.
Our publisher Scott Roth made the point in his weekly newsletter. These are the rules: “unless the main thrust of one’s message re Palestinians is that they only have themselves to blame for their own predicament then you are necessarily discounting Israel’s (the Jewish State) position on the conflict and ergo you are antisemitic. This is the thrust of what Israel’s ambassador to the UN, as well as his predecessor, are saying in response to Watson’s original tweet. Do they ever tire of this? Does it ever get old to hurl scurrilous charges reflexively whenever someone highlights Palestinian humanity?”
Well, yes, it is getting old. People are seeing around the corner of the antisemitism charge, to the anti-Palestinian bigotry that’s behind it. Consciousness is rising slowly but surely.
h/t James North and Adam Horowitz, and Dave Reed.
What Gabriel Boric’s victory in Chile will mean for Palestine
Chile's new president, Gabriel Boric, supports BDS and has promised to take an aggressive stance in defense of Palestinian human rights.
But will he be able to shift Chilean foreign policy?
GABRIEL BORIC GIVING HIS VICTORY SPEECH AT 2021 CHILE
PRESIDENTIAL ELECTION, DECEMBER 19, 2021
(PHOTO: FOTOGRAFOENCAMPANA/WIKIMEDIA)
When Chile announced the results of its presidential elections, Israel and its supporters were not at all pleased with the result. Gabriel Boric, Chile’s pro-Palestine, left-wing contender for the presidency, emerged victorious over the right-wing, pro-Israel Jose Antonio Kast.
A former student leader, 35-year-old Boric rose to prominence during the 2011 mobilizations for free, quality education in Chile. In 2013, Boric was elected to parliament as an independent candidate representing the Magallanes region. Running against Kast in the 2021 presidential elections, his rallying cry to bury neoliberalism reflected the nationwide uprisings against outgoing president Sebastian Pinera.
Boric is also a vociferous critic of Israel and supports the Boycott, Divestment and Sanctions Movement (BDS). In October 2021, after committing to support a bill to sanction goods from Israeli settlements, Boric pledged to take a stronger stance in defense of Palestinian human rights.
In the end Boric defeated Kast by a vote of 56-44 percent signaling that Chilean voters are ready to make a break from the past.
Chile and Palestine share similarities in terms of their struggle with neoliberal violence. Both indigenous populations – the Mapuche of Chile, and Palestinians – face the horrors of Israeli military weapons and surveillance technology. However, the question at this point is whether Boric will align with international consensus over the two-state compromise or maintain his support for Palestinian liberation.
Israel responds to Boric
In the Israeli press Boric is being described as antisemitic for his earlier pro-Palestine activism, including direct challenges to the Jewish community in Israel which is largely supportive of the Zionist colonial policies. His links to Daniel Jadue, a Chilean-Palestinian who was also a candidate for the 2021 presidential elections and who is very outspoken against Zionism, have also been raised as objectionable by Israeli media.
Emilio Dabed, a Palestinian-Chilean lawyer who also holds a doctorate in political science and who specializes in constitutional matters, international law and human rights, spoke to Mondoweiss about how Israel’s propaganda is manipulating Boric’s stance, and also shed light on the complexities of Chilean foreign policy towards Israel and Palestine.
“Boric has been accused of antisemitism because he has expressed the view that Israel should withdraw from the occupied Palestinian territory, with his detractors implying that calling for the application of international law is unjust or could amount to antisemitism. Also, in an open letter to Boric by prominent Jewish women in Chile, the elected president was criticized for holding ‘Jews responsible for policies of a government in power in Israel.’ But Israeli propaganda and its supporters insist that Israel represents all Jews, and accuse all Palestinians of being antisemites for criticizing the policies of the state of Israel,” Dabed explained.
“Moreover, the President of the Jewish community in Chile has also criticized Boric for supporting BDS, a non-violent, international law-based initiative to force Israel to abide by its international legal obligations. From the perspective of Israel and Israel’s supporters, calling for the respect of international law is almost a crime, supporting Palestinian rights is antisemitic, and the establishment of a just peace in Palestine is a danger threatening them.”
And yet the doomsday headlines in the Israeli media about Chile electing a pro-Palestine president almost entirely gloss over the fact that Israel would have preferred Kast to win the election, despite the fact that his father, German-born Michael Kast, was a Nazi Party member and whose family was involved in the dictatorship of Augusto Pinochet.
Chilean author and investigative journalist Javier Rebolledo, whose research about the Pinochet dictatorship brought many previously guarded secrets to public scrutiny, states in his book “A La Sombra de Los Cuervos” (In the Shadow of the Crows) that both Kast’s father, as well as one of his brothers, Cristian Kast, were involved with the National Intelligence Directorate (DINA). Kast’s brother, Miguel Kast, was one of the Chicago Boys – the group of economists trained by Milton Friedman who were tasked with the neoliberal experiment in Chile. He was also appointed by Pinochet as Minister of Labor and later President of Chile’s Central Bank.
During the 2017 presidential campaign in Chile, Kast shone a spotlight on himself with his staunch support for Pinochet. “If Pinochet were still alive, he would vote for me,” he boasted. He also proclaimed himself against the closure of the Punta Peuco luxury prison, where former DINA agents and torturers are serving their sentences. Kast’s 2017 campaign was funded by Pinochet supporters, among them the daughter of former DINA agent Marcelo Castro Mendoza.
Israeli media confirmed that out of 111 Chileans in Israel, 73 voted for Kast. Speaking about Boric’s electoral triumph, Gabriel Colodro, the president of Israel’s Chilean community, stated, “There is concern for the Jewish community [in Chile], but we wish him success.”
Historic erasure
Israel’s response to the Chilean election is reflective of its own colonial enterprise, and the international diplomatic support it is used to receiving. Israel’s ties to the Pinochet dictatorship, to which it sold weapons when the US decided it was time to distance itself from the crimes against humanity it had funded in Chile, are also part of the legacy between both countries which continues to today.
Both Israel and Chile from the dictatorship onwards, at least until the latter’s previous presidency, thrived upon ignoring the past.
Dabed maps out the impact of this erasure by Israel, and how this played out in terms of the Jewish community’s choice of Kast in the 2021 presidential elections in Chile.
“What the Israeli response to Boric’s election reveals, once again, is the schizophrenic nature of Israeli politics and its supporters. They have created a parallel reality pretending to desire peace but continuing the colonization of Palestine, and the exploitation and oppression of Palestinians. On the other hand, their politics is the reflection of the negative ethics that they have adopted. Negative ethics and politics in the sense that their objective is the negation of the existence of Palestinians, the negation of their rights, the erasure and negation of their history, the negation of the human nature of Palestinians.”
This erasure was also demonstrated by the Chilean community in Israel in its preference for Kast. “The same negative politics operates within a part of the Jewish community in Chile as shown by their choice in the Chilean elections. They mostly voted for Kast. The Chilean community in Israel, for instance, voted almost 70% for Kast, negating the crimes of Pinochet’s dictatorship that Kast supported and still defends, negating the torture, the assassinations, the disappearances of political dissidents during the dictatorship, all of which were carried out with assistance and training from the Israeli state to Pinochet’s security forces,” Dabed explained.
What to expect from the Boric government
Despite Israel attempting to depict the new Chilean presidency as dangerous in terms of its diplomatic relations, Boric will be navigating old and new political terrain, both in terms of Chile’s own turbulent history since the dictatorship and the transition to democracy, as well as its foreign policy.
Chile is home to the largest, and well-organized, Palestinian community in Latin America. Its activism in terms of BDS continues to grow and has influenced Chilean politics. For example, in November 2018 the Chilean congress passed a resolution calling upon the government to review its agreements with Israel and to provide Chileans with information about Israel’s colonial expansion in order to make an informed decision about doing business with Israel or visiting the colonial state.
To view earlier pro-Palestine activism as a game-changer in Chile’s foreign policy, however, is a simplistic view.
“Boric is a young leftist politician who will be confronted during his government by the anti-democratic Chilean right-wing; the same that helped to overthrow the socialist government of Salvador Allende almost 50 years ago, and the establishment of the Pinochet’s dictatorship that they defend until today. In these circumstances it would be very dangerous for Boric to completely alienate the Jewish community of Chile which, by and large, is very influential, supports right-wing politics and voted for Kast. Given the radical changes that Boric has promised and the support that he would need to put them forward, I do not think he would risk more confrontation,” Dabed explained.
“I do not think there will be important changes in the Chilean foreign policy. Regardless of political leanings, Chilean governments have retained the same foreign policy regarding Palestine/Israel. It repeats the mantra established by the international community about the fact that it supports a two-state solution for the conflict. It does so, even when we all know that this strategy has not led Palestinians anywhere. Negotiations for a two-state solution have become the name for maintaining the colonial status quo subjecting Palestinians until today. This discourse has allowed Israel to ignore its commitments during the Oslo negotiations in the sense of exchanging land for peace, and to reach its objective of conquering the land and imposing peace terms that consolidate their colonial project.”
However, Boric’s impact in terms of activism and politics should not be discarded. While the two-state diplomacy dominates political discourse, Chile now has a president that is outwardly aligned with the Palestinian cause, and Chile is well-placed to influence the regional political debate about the Israeli colonization of Palestine.
Dabed concludes, “I also think that Boric coming to power represents tremendous support for Palestinians and the Palestinian community in Chile. Even though he may not change Chilean foreign policy in this respect, he and his team and supporters are aware of the Palestinian colonial condition, they oppose it, and they are not shy in expressing these views. Not only Boric, but many others in his circle know the injustices and crimes that Palestinians are subjected to by the Israeli state, and they are prepared, I hope, to make at least discursive changes in the way Palestine/Israel is viewed and spoken about, and this is not without importance. This could lead to the creation of initiatives at the international level that could bring Palestinian back to the public debate, after so many years of silence in the mainstream media and international forums.”
FREE PALESTINE The Negev uprising and the lie of co-existing with the occupation
January 18, 2022
Arab Israelis shout slogans as they stage a protest in the mostly Arab city of Umm al-Fahm in northern Israel in solidarity with Bedouin communites in the Negev Desert on January 14, 2022 [AHMAD GHARABLI/AFP via Getty Images]
The recent events at the Negev, which were punctuated by popular Palestinian confrontations with the occupation army, in which men and women alike participated in the steadfastness of the Palestinian people on their land in the occupied Negev, brought back to our memory the scenes of Palestinian steadfastness in the Sheikh Jarrah neighbourhood of occupied Jerusalem, and the events of the Al-Aqsa Intifada. It was also reminiscent of the Intifada of the Stones, and the events of Land Day, in which the Palestinian people rose up in defence of the land of Palestine, and in rejection of the occupation's plans to uproot the Palestinians from their land and expel them from their homes as part of a settlement plan that has been ongoing for the past century. However, it has still been unsuccessful in persuading the Palestinians to emigrate from their land voluntarily.
The recent razing operations carried out by the extremist right-wing occupation government, which targeted the Naqa area, east of the city of Tel El-Saba in the occupied Negev, under the pretext of forestation of barren lands, is an extension of the occupation state's anti-Palestinian policy. This policy consists of repression, arrests, raiding homes and assaulting innocent people, with the aim of pushing the Palestinians to surrender – and, thus, not confront the racism of the occupation, or thwarts its ongoing settlement plans in the occupied Negev region.
The successive occupation governments refuse to recognise the right of the Palestinians of the Negev to live in their villages, which are over 45 in number. They are also being deprived of infrastructure and electricity and the occupation is forcing them to live in a crowded manner in a very tight area of the Negev land, which makes up over half of the geography of historical Palestine. It is practicing a racist policy that contradicts the claims of the occupation governments that the Israeli state is an oasis of democracy and a model for coexistence between the Palestinians and the Occupation.
The occupation government's attempts to control, by armed force, the six Palestinian villages in the Naqa area, east of Beersheba, and its insistence on expelling its more than 30,000 Palestinian residents confirms, once again, the impossibility of coexistence with the occupation's racism and the continuous policies of Judaisation of the Palestinian land. It also exposes the falsehood of the claims made by some who believed that, if they offered political support to the extremist Bennett-Lapid government, in return the occupation would agree to establish an infrastructure for the Palestinians in the occupied Negev. The recent events in the Negev confirmed that the Palestinian supporters of the extremist occupation governments live in illusions far from reality.
Israel is trying to steal more Palestinian land in the Negev – Cartoon [Sabaaneh/Middle East Monitor]
The scenes of steadfastness that we all followed through the uprising of our people in the occupied Negev in the face of the occupation army, the solidarity vigils in support of this national movement in Gaza, Umm Al-Fahm, Haifa, Jaffa and Nazareth, and the statements of support issued by the Palestinian forces in support of the Negev uprising, confirms the unity of our Palestinian people in confronting the occupation. It also proves that resistance, in all of its forms, including popular and armed resistance, is a national means around which the Palestinian people are rallying, and they now see comprehensive confrontation as the only way to uproot the occupation from the land of Palestine.
Although the Fatah movement issued a statement rejecting the occupation's aggression against the people of the Negev, it is worth noting that the PA and PLO, along with their official bodies which are meant to represent the Palestinian people, have remained silent in the face of the heated events in the occupied Negev, as if these events do not concern them. It is as if they are afraid to denounce the extremist actions of the Bennett-Lapid government for fear of the government depriving them of the economic privileges enjoyed by its leaders from occupied Ramallah.
In conclusion, we declare our solidarity with our people in the occupied Negev, and we consider their support a national duty that should be performed by all Palestinians. The Palestinian people, wherever they are, are being targeted for expulsion by the Zionist occupation governments. The victory of our people in the Negev in this confrontation that was imposed on them by force is a victory for all Palestinians and the Palestinian cause.
The views expressed in this article belong to the author and do not necessarily reflect the editorial policy of Middle East Monitor.
Israel arrests dozens of Palestinians, including children, in Negev
The 41 latest arrests bring the total number of Palestinians arrested in the Negev to more than 130 since Monday last week, according to one activist. More than 130 Palestinians have reportedly been arrested in the Negev since Monday last week [Menahem KAHANA/AFP/Getty]
Israel arrested dozens of its Palestinian citizens in the flashpoint Negev ("Naqab") Desert region on Tuesday following protests over forced displacement.
Children were among the 41 Palestinians taken into custody in the region, where local families are facing displacement from their land to allow a forest to be planted.
Youths were detained across the Negev and police raided several villages, including Tel Al-Saba, the Arabic-language news site Arab 48 reported, citing witnesses.
At Tel Al-Saba, 12 people were taken into custody, according to the Al-Jarmaq news outlet.
It follows Israeli police disrupting locals' demonstrations against the threatened destruction in Sawah village.
The 41 latest arrests bring the total number of Palestinian Bedouins arrested in the Negev to more than 130 since Monday last week, according to Negev-based activist Riya Al'Sanah.
There are 55 Palestinians, including 11 children, who are still detained, she added.
Lawyers from the Negev and beyond have offered free legal assistance to those arrested.
They have claimed Palestinians are being kept in poor conditions and questioned the fairness of the judicial process.
"Despite being Israeli citizens, who should, in theory, have access to fair legal proceedings, it is clear that detainees are facing structural and systematic racism and discrimination embedded in the Israeli legal system," lawyer Shahda ibn Bari said.
Another, Marwan Abu Frieh asserted: "What's happening in the courts resembles what takes place during interrogations at police stations and detention centers.
"Detention extensions are carried out without any legal justification."
He said a child aged 14 has had his extension prolonged on three occasions "without justification", adding that "judgments are seemingly handed down without due consideration of facts".
Meanwhile, the Higher Steering Committee for Arabs in the Naqab (HSCAN) slammed Israel's police, accusing them of perpetrating abuses against protesters in the region, the Arabi 21 news website said.
Many Palestinians have been reportedly wounded by Israeli security forces since protests began last week.
Demonstrations will be held by the HSCAN every day to secure the freedom of those being held.
The body has also urged religious leaders to act, including by discussing the Negev's plight at Friday prayers.
Israeli General calls for a repeat of 1948 massacre against Palestinians in Negev
January 18, 2022
Israeli police arrest a Bedouin man in the village of Al-Atrash
in the Negev desert on 13 January 2022
[MENAHEM KAHANA/AFP/Getty Images]
January 18, 2022
An Israeli General has urged for a repeat of the 1948 military massacre that resulted in Israel's occupation of the Naqab Desert, also known as the Negev, and the forceful expulsion of tens of thousands of Palestinian residents.
Major General Yom-Tov Samiah, who served as commander of the Southern Zone in the Israeli Army during the Second Intifada, wrote on Twitter: "Operation 'Yoav' will soon return to liberate the Negev. Luckily General Shaike Gavish, who led the operation at the time is alive. He will pass on some lessons."
Operation Yoav was one of the two large-scale operations launched by the army in October 1948, which opened a road to the Negev.
Nearly 120,000 Palestinians, including the elderly, women and children resided in the area; however, following Israel's massacre, only 30,000 Palestinians were left.
"If we continue at this rate of loss of control we will have to retake the Negev and Galilee. Civil war is on the doorstep," added Major General Yom-Tov Samiah.
Many Negev Bedouin, Arab residents who have Israeli citizenship, live in unrecognised townships scattered across the southern desert. Hundreds of local Arabs demonstrated in the Negev in recent days in protest of the confiscation of their lands by the Jewish National Fund, an organisation that collects money from Jews around the world to seize Palestinian property.
The police used sound bombs, rubber bullets and tear gas to disperse people, causing several injuries, according to the statement.
Arab citizens in the Negev region are estimated at around 300,000, living on 5 per cent of their land, 95 per cent of which they say has been confiscated by Israel since 1948.
Enbridge and Michigan renew Line 5 hostilities in court By James McCarten | January 18th 2022
An aboveground section of Enbridge's Line 5 at the Mackinaw City, Mich., pump station. THE CANADIAN PRESS/John Flesher
WASHINGTON — Enbridge Inc. and the state of Michigan are renewing their legal hostilities over the future of the controversial Line 5 pipeline — and their latest court battle looks an awful lot like the last one.
Attorney General Dana Nessel and Gov. Gretchen Whitmer were dealt a setback last November when District Court Judge Janet Neff granted Enbridge's request that the case be removed to federal court, a decision that prompted Michigan to abandon that particular challenge.
Instead, the state is focusing its efforts on a separate but similar circuit court action filed in 2019 that spent last year in a state of suspended animation, and which Enbridge is once again arguing should be heard by a federal judge because it comprises an important foreign policy question.
Too late, Nessel argues in her latest tract of court documents, filed Friday with the very same judge who heard the original arguments.
"The present action was pending in state court for nearly two and a half years before (Enbridge) removed it to this court," she says. Federal law makes it clear that cases can only be removed to federal jurisdiction within 30 days of a complaint being filed, the documents note.
"It is more than two years too late, and federal courts do not condone this type of gamesmanship and abuse of the removal statutes."
By Nessel's logic, Enbridge knew perfectly well it could have petitioned to have the case removed when it was originally filed but opted not to do so until now — a "remarkably dilatory" act based on an argument that "defies the facts, the law and basic common sense."
Enbridge has yet to file a response to Nessel's latest brief. However, the company has repeatedly indicated it has no plans to shut down Line 5 voluntarily and will continue to fight in court to keep it running.
The overarching question — whether a dispute over the lawful operation of an international, cross-border pipeline should be heard by a federal judge or at the state court level — is a carbon copy of the battle the two sides fought in front of Neff for the better part of last year.
The clash first erupted in November 2020, when Whitmer abruptly revoked the 68-year-old easement that had long allowed Calgary-based Enbridge to operate the line. She cited the risk of environmental catastrophe in the Straits of Mackinac, where Line 5 crosses the Great Lakes.
"If Enbridge's gamesmanship is successful, it would allow Enbridge to circumvent Michigan's ability to protect the Great Lakes and to tie the case up in federal court by months, if not years, leaving the Great Lakes in great danger." #Line5
The pipeline ferries upwards of 540,000 barrels per day of crude oil and natural gas liquids across the Canada-U.S. border and the Great Lakes by way of a twin line that runs along the lake bed beneath the straits linking Lake Michigan and Lake Huron.
Proponents call Line 5 a vital and indispensable source of energy, especially propane, for several Midwestern states, including Michigan and Ohio. It is also a key source of feedstock for critical refineries on the northern side of the border, including those that supply jet fuel to some of Canada's busiest airports.
Enbridge and its allies, including the federal Liberal government, insist that the pipeline is too vital an energy artery to both countries for it to be suddenly shut down, and the question of its continued safe operation is one to be settled between Ottawa and the White House.
Central to that argument is a 1977 bilateral treaty that was conceived to avoid disruptions to the cross-border flow of energy, one that proved to be a key element in Enbridge's strategy to convince Neff that the controversy should be adjucated by a federal judge.
Canada said late last year that planning was "well underway" for bilateral treaty talks between Canada and the United States in the dispute over the pipeline, although the timeline for formal negotiations has never been publicly disclosed.
Last year, lawyers for the federal government also filed a statement in court expressing support for Enbridge's argument, known in legal parlance as an amicus brief. It was not immediately clear Tuesday whether Ottawa expects to do so again.
The White House has acknowledged that the U.S. Army Corps of Engineers is conducting an environmental assessment on Enbridge's plans to encase the underwater portion of the twin pipeline in a deep, fortified underground tunnel. But they have so far resisted pressure to get involved in the dispute itself.
Critics want the line shut down, arguing it's only a matter of time before an anchor strike or technical failure triggers a catastrophic environmental disaster in one of the area's most important watersheds. Michigan has every right to take whatever steps are necessary to protect it, the National Wildlife Federation said in a statement.
"This motion is critical because if successful, it will allow the state courts to consider for the first time whether the risks of a rupture of Line 5 in the Great Lakes justify the continued operation of the pipeline," said federation attorney Andy Buchsbaum.
"If Enbridge's gamesmanship is successful, it would allow Enbridge to circumvent Michigan's ability to protect the Great Lakes and to tie the case up in federal court by months, if not years, leaving the Great Lakes in great danger."
This report by The Canadian Press was first published Jan. 18, 2022.
Russia threatened a “military-technical” response for unmet demands. What could that mean?
By Pavel Podvig | January 18, 2022 BULLETIN OF ATOMIC SCIENTISTS
Russian military pilot in 2016. Credit: Министерство обороны Российской Федерации. License CC BY 4.0. Accessed via Wikimedia Commons.
Russia recently presented the United States and NATO with two draft treaties that outlined Moscow’s vision of “ironclad” security guarantees for itself. The only elements of surprise of the demands were their urgency and the fact that they were made against the backdrop of what appears to be a significant concentration of military hardware in western Russia. Otherwise, the draft treaties’ key points are not entirely new. And their forceful nature appears to have produced a high-level meeting between US and Russian diplomats followed by a session of the NATO-Russia Council and a discussion at the Organization for Security and Cooperation in Europe. Given Moscow’s ongoing frustration with feeling unheard, that was no small thing. But none of these meetings produced a tangible result. And the chasm between the parties’ positions on nearly every issue is unlikely to be bridged soon.
Nominally, the conversation is not yet over as Moscow awaits a formal counterproposal from the United States and NATO. But the response is unlikely to satisfy the Kremlin. NATO will not withdraw back to its 1997 borders, and a pledge to stop the expansion is politically impossible, even if it is the actual policy. Western diplomats expressed interest in discussing elements of the proposal, such as limits on military exercises and missile deployment. Yet Russia insists that its drafts cannot be divided into separate pieces. Take them whole or leave them.
Moscow may be opening with a deliberately tough negotiating position. Yet one cannot rule out that this is the firm last word. If the attempt to extract the guarantees fail, Russia said it is prepared to “take appropriate military-technical reciprocal measures” in response to the West’s “unfriendly steps.” Russian officials have been guarded about the specifics, keeping everyone guessing as to what these measures could be. Many of Moscow’s options involve difficult political choices or risky or costly investments and therefore are likely impractical. But one option—deploying an intermediate-range ballistic missile that would be able to reach Europe—appears possible and dangerous, even if eventually counterproductive.
Speaking of things that are unlikely to work, Russia could certainly increase its military presence in Europe. But doubling the number of missile brigades or dramatically increasing its naval presence in the Baltic, for example, would be just a quantitative increase. Besides, building up forces takes time and significant resources.
In terms of a qualitative change, Russia could announce the deployment of intermediate-range cruise missiles, which it pledged not to deploy in Europe as long as the United States did not as well. But that might require Russia to acknowledge having worked on missiles in conflict with the Intermediate-Range Nuclear Forces Treaty (INF). While this is not entirely impossible, Moscow is unlikely to want to admit that it bears at least some responsibility for the treaty’s demise.
Moscow may be counting on a surprise along the lines of the nuclear-powered underwater drone or nuclear-powered global cruise missile it unveiled in March 2018. But outdoing those “wonder weapons” is difficult. Something hypersonic would probably be noticed, but it appears that all systems of this kind that would be relevant in the context of Europe, such as the Tsirkon cruise missile or the Kinzhal air-based ballistic missile, are known quantities.
Russia would certainly draw attention if it took measures related to non-strategic nuclear weapons, but its room for a dramatic maneuver in this area is also limited. In theory, it could abandon its long-standing policy of storing all of its non-strategic weapons in centralized storage facilities and declare that it is moving to deploy. This sort of measure would be symbolically important but is unlikely to change the reality on the ground much. Assuming that all of the country’s weapons today are stored in the twelve national-level facilities, such a deployment would only mean that weapons would be sent to twenty or so base-level storage sites located closer to operational units. Russia’s nuclear weapon deployment procedures simply do not have an option of missile launchers roaming around with nuclear warheads attached or aircraft going on patrol with actual nuclear weapons. Sea-based weapons might be an exception, but the United States and NATO are likely to have taken that possibility into account anyway. So, the effect of this move would be minimal.
Russia could take a rather dramatic step of deploying nuclear weapons abroad, but this seems largely theoretical. The country has always made a point that all its nuclear weapons are located on its national territory and urged the United States to move all its weapons home as well. In the heat of a dispute, the Kremlin could probably sacrifice this principle, but cooler heads would hopefully realize that abandoning a long-standing position for uncertain gains is not a good trade.
This leaves Russia with an option that does not seem to require making difficult political choices or risky investment in exotic weapons. Or much of an investment at all, for that matter. That is, Russia could deploy an intermediate-range ballistic missile that would be able to reach all of Europe. Now that the INF Treaty is no longer in force, such a missile is not limited by any agreement. That missile would be what was known as RS-26 Rubezh—apparently a ballistic missile that uses only two first stages of the intercontinental RS-24 Yars. This missile was tested between 2011 and 2015, at which point it was very close to deployment, but Russia pulled it out at the last moment. If it reappears, it would be declared a new missile, of course, to avoid a conflict with the New Strategic Arms Reduction Treaty. And it would play more or less the same role SS-20 did about four decades ago—a nuclear-armed ballistic missile that could threaten all of Europe.
Unlike back then, however, the United States and its NATO allies would have limited abilities to respond in kind. The alliance already announced that it has “no intention to deploy land-based nuclear missiles in Europe”—a promise it will most certainly keep as deploying new nuclear weapons in Europe is not politically feasible. Russia, of course, would publicly object (as it already has) if the alliance were to deploy non-nuclear missiles as well, but it would also know that such a threat is incomparable.
Still, Russia is unlikely to prevail in this dispute. Yes, European NATO states could find themselves in a rather difficult situation, but Russian security is also unlikely to improve. If there is any lesson from the Euromissile crisis in the 1980s, it is that there are no winners in a confrontation.
Popular Western opinion suggests that the Soviet Union was brought to the negotiating table and forced to sign the INF Treaty (that eliminated SS-20) by the firm NATO response and the deployment of Pershing II and ground-launched cruise missiles in Europe. By this line of reasoning, NATO might solve the problem by reminding Russia why the Soviet Union signed the treaty in the first place. But that is a wrong reading of history. Yes, the Soviet Union did worry about Pershings, but Europeans worried about them too (and about SS-20 of course). Eliminating these missiles was not a calculation of some balance of warheads or the time these missiles would take to reach their target. The INF Treaty was a practical, shared expression of the dangers of the confrontation and the willingness to leave it behind.
Today does not even closely resemble the end of the Cold War. But the opposing sides may share an understanding of the risks posed by new missiles in Europe, whether nuclear or not. Russia’s proposal to ban these missiles has been on the table for some time. The United States appears to have finally read it and shown some tentative signs of interest during the recent talks. A joint effort to unbundle it from the rest of Russia’s package would not be easy but is worth trying. No one wants to see a Russian “military-technical measure” that includes new missiles in Europe.
Ukraine: Russia amasses 127,000 troops in 'almost complete' buildup
Moscow's military buildup includes air and sea components and its ally Belarus "should be considered as a full-fledged theater of operations," says Kiev's new intelligence assessment, according to CNN.
Belarus says Russian troops are in the country for joint military drills only. (AFP)
Russia has reportedly deployed more than 127,000 troops and "almost completed" its buildup, Ukraine has said, raising fears of an imminent invasion of the eastern European country.
"The full strength of RF AF (Russian Federation's Armed Forces) land group at the Ukrainian direction — (is) over 106,000 personnel. Together with the sea and air component, the total number of personnel is over 127,000 servicemen," US broadcaster CNN reported citing Ukraine Defence Ministry's latest intelligence assessment.
The assessment said the current situation in the region is "difficult" and added that it believes Moscow is "trying to split and weaken the European Union and NATO."
Ukraine's assessment also said that Russia was using its ally Belarus to "expand aggression" against Kiev.
"The territory of Belarus should be considered as a full-fledged theater of operations that Russia can use to expand aggression against Ukraine," the intelligence document added.
On Tuesday, the US also upped its threat assessment, saying Russia is ready to attack Ukraine at "any point."
"We're now at a stage where Russia could at any point launch an attack on Ukraine," Press Secretary Jen Psaki told reporters.
"I would say that's starker than we have been."
Psaki's characterisation of the situation around Ukraine came as Secretary of State Antony Blinken was scheduled to meet Russian Foreign Minister Sergey Lavrov on Friday in Geneva.
Meanwhile, a senior US State Department official said Russian troops being deployed in Belarus for what Moscow and Minsk say will be joint military exercises are raising concerns that they "potentially" could be used to attack neighbouring Ukraine.
The US is also worried that draft constitutional reforms in Belarus could lead to the deployment of Russian nuclear weapons in the country, a senior State Department official told reporters.
Serving The Purpose: Diplomacy Versus War In Latest US–Russia Talks – Analysis
The contrasting coverage of the US–Russia talks in the international media is probably an indication that it is too early to consign diplomacy to the dustbin. The western media is awash with a ‘gloom and doom’ analysis, suggesting that hostilities are about to break out. Russian media, on the other hand, are not yet beating the drums of war and are focussing on the possible contours of an agreement and its possible time frame.
The emergence of two different stories in the Western and Russian media is reflective of the divergent approaches the two parties have to the talks.
The West see the talks primarily as a road to de-escalation of the situation around Ukraine, while rejecting Russia’s demands for security guarantees on NATO expansion, limits to deployment of offensive missiles in its neighbourhood, and reducing US and NATO military infrastructure in Eastern Europe to 1997 levels.
Russia, on the other hand, sees the talks primarily as negotiations on these security guarantees, while the situation around Ukraine is secondary. It will keep upping the ante as a means to keep pressure on the US to stay engaged with Russia.
At first glance, the Russian insistence on written guarantees, preferably in Treaty form, on its demands may appear to be an insurmountable obstacle. But a closer look at the substance of the demands shows that there is scope for finding the middle ground.
Any realistic assessment of the situation in Europe would show that NATO membership for Ukraine or Georgia is not on the anvil in any foreseeable future. Neither the US nor Europe has the stomach to fight a war over Ukraine or Georgia given that Russia has existential security concerns in these areas as well the military and political will to defend these interests, whereas the US and its allies have neither any overwhelming security interests nor the political will to go to war with Russia over these territories.
Russia also probably understands that it would be impossible for the US or its allies to sign documents dismissing Ukraine’s or Georgia’s NATO membership, or to allow Russia a veto on future memberships. Moscow also understands that it would be impossible to get such an agreement ratified by the current US Congress given the divisions in Washington.
As for missile deployments, the US has encouragingly declared that it is willing to discuss this issue with Russia. In any case, the sticking point is likely not to be the question of US missiles in Ukraine or Georgia as this does not appear to be a critical goal for Washington. As prominent Russian analyst Dmitry Trenin suggests, the hypothetical appearance of US missiles near Kharkhiv (a major city in Ukraine) will be tantamount to Russia arming its nuclear submarines navigating near US shores with hypersonic missiles. In other words, this will not be a problematic issue to resolve.
What could put a wrinkle into the negotiations is the placement of US missiles in Romania and Poland, but this could probably be tackled by restarting regular arms control parleys, which could also deal with the issue of regulating deployment of large forces and military exercises in border areas.
A few thousand US or NATO personnel posted in some Eastern European areas, including the Baltic states should not in theory pose an existential threat to Russian security. This suggests, as Trenin says, that the requirement for restoring the 1997 levels of NATO deployment is a negotiable demand. It could also be a demand that the Russian side would be ready to withdraw to show its flexibility.
But while there is still scope for an agreement between Russia and the West, it must be understood that Russia would be looking for agreements primarily with the United States and not NATO or the EU, who in Russia’s view are secondary actors subservient to the US.
Second, that Russia’s demands are strategic and long-term and should not be dismissed out of hand. Russia probably has a Plan B on how to escalate the crisis using what the Kremlin calls “military-technical means”. These are probably deployments of missiles and other platforms across the globe that would increase insecurities in the West, including the US; something the West couldn’t afford to ignore and would require countermeasures.
Such escalations would run the risk of getting out of hand. “The gap in perceptions is so broad that a new and dangerous escalation could be necessary to make the parties open up their imagination and search for agreements,” Fyodor Lukyanov, the head of the Moscow-based Council for Foreign and Defence Policies said. Here it would be useful to remember that any war between the US and Russia is unwinnable by either side.
But before the world faces nuclear annihilation, it may face an unprecedented economic crisis brought on by the danger of war. The imminence of war would not leave markets unaffected; they would crash. In fact, this is something that Russian Deputy Minister Ryabkov mentioned recently in response to a question.
Meanwhile, Yevgeny Buzhinsky, a retired lieutenant general and a regular Russian television commentator, told the New York Times that Russia would win any war with Ukraine in short order through devastating airstrikes. “There will be no columns of tanks,” General Buzhinsky said in the interview. “They will just destroy all the Ukrainian infrastructure from the air, just like you do it.”
Additionally, analyst Gilbert Doctorow notes in his blog that Russia’s capacity to decimate the Ukrainian military infrastructure without deploying a single soldier on Ukrainian soil would render wasted the Western billions poured into modernising and arming the Ukrainian armed forces as well as end any NATO plans to deploy forces in Ukraine.
All in all, it is a better prospect to have an understanding between the West and Russia on the nature of the security changes required in Europe rather than have to follow these arrangements without an agreement. So far from beating the drums of war, it appears the omens are suggesting that the role of serious diplomacy is only beginning but the road ahead is long and tortuous.
The views expressed above belong to the author(s).
US President Joe Biden speaks on telephone with Russia's President Vladimir Putin. Photo Credit: The White House
Tuesday, January 18, 2022
Powerful clouds of methane spotted over
China's coal mines
Workers sorting coal at a mine in Datong, Shanxi province, on Nov 3, 2021. Clouds of methane were detected coming from mines in the province. PHOTO: AFP
BEIJING (BLOOMBERG) - A satellite detected clouds of the super-potent greenhouse gas methane coming from China's main coal-producing region, drawing attention to a lesser-known global warming consequence of the country's reliance on the dirtiest fossil fuel.
The emissions likely came from multiple mines in China's north-eastern Shanxi province, which produces more than 10 per cent of the world's coal.
One plume spotted on Dec 21 had an estimated emissions rate of 68 metric tons of methane an hour, while another seen on Dec. 4 probably had a rate of 53 tons an hour, according to geoanalytics firm Kayrros SAS.
If both releases lasted an hour, together they would have had the same short-term climate warming impact as the annual emissions from about 6,000 UK cars.
They were the second and third worst cases of methane pollution identified by satellite in China last year that Kayrros attributed to the nation's coal sector.
Unlike leaks and releases from natural gas and oil operations, methane emissions from coal mines tend to be steady and continuous. That's because workers vent mine gas from underground shafts as a safety precaution - getting rid of flammable gas to reduce the risk of explosions.
In regions like Shanxi, where there are hundreds of emissions sources located close to each other, its more difficult to detect and quantify emissions compared with oil and gas ultra-emitters in remote areas.
Like many other countries, including the US and Canada, China doesn't always require companies to report when they release methane.
Shanxi's Department of Ecology and Environmental and a spokesperson for the provincial government didn't respond to requests for comment.
The Ministry of Ecology and Environment, which regulates provincial and regional emissions, and the National Development and Reform Commission, which oversees energy companies, didn't reply to questions.
Methane can be captured as it seeps from underground mines and sold or used to generate power.
If it's released without being combusted, the potent greenhouse gas traps 84 times more heat in its first 20 years in the atmosphere than carbon dioxide.
Scientists are only just beginning to use satellite data to estimate how much methane is coming from coal-mining operations around the world.
In November, Dutch researchers said their analysis of coal mines in Australia's Bowen Basin suggested that there may be "large under reporting of methane emissions in the national inventory."
China is the world's largest producer and consumer of coal, and the sector is the nation's biggest opportunity to cut methane emissions, according to a United Nations assessment.
There are signs that Beijing plans to tackle the issue more aggressively. The country's latest five-year plan includes its first-ever pledge to reduce methane.
While China declined to join an international effort to curb methane led by the US and EU, it has said it's working on a plan to contain emissions.
The global methane pledge is non-binding and doesn't assign specific reductions to countries.
President Xi Jinping has also said the country reduce coal use starting in 2026, on its way to a broader goal of reaching peak greenhouse gas emissions by the end of the decade and carbon neutrality by 2060.
Has China's push to ban 'effeminate' and 'sissy' men claimed its first victim? The tragic case of Zhou Peng
A picture of 26-old-photographer Zhou Peng who disappeared on his birthday, and was found dead in early December 2021.
Weibo
The death in late November 2021 of a 26-year-old Chinese photographer who took his own life has reignited debate about the mental health and bullying implications of China's push for boys and men to be masculine and not "sissy or effeminate".
When he died, Zhou Peng, a bona fide social media celebrity, left an apparent suicide note more than 5,000 words long on his Weibo account before apparently jumping into the sea in Zhejiang province in eastern China.
"This will be the last time I introduce myself…" he opened, before describing himself as being a "left behind" good boy with good manners. He described the bullying he endured at school due to his physical appearance and referred to "verbal abuse, marginalisation and threats".
"Boys are supposed to be naughty, fight, and swear, and boys who are too quiet and polite are effeminate," he wrote. "I was called 'sissy' at school. I might have appeared somewhat like a girl when I was younger, but I dressed 'normally' and didn't attempt to imitate girls."
Despite the lengthy catalogue of abuse and bullying he described, Zhou said: "My death has nothing to do with anyone."
A few days later, in early December, police reported they had found his body and said they had ruled out foul play
Zhou's history of abuse and trauma started before China's recent drive to make its young men more macho and masculine and stamp out effeminate or gender diverse identities.
However, many of his friends said they had no idea he had experienced bullying, nor were they aware of the lasting and damaging impact it continued to have on him into adulthood, reported The Beijing News.
Zhou's death came just months after China announced bans on "sissy" and "effeminate" men in the entertainment industry, along with plans made in early 2021 to boost traditional masculinity in schools.
The University of Nottingham's Dr Hongwei Bao, an expert in gender, sexuality and identity, said the suicide was a sign that recent pronouncements by authorities were having a direct impact on people's mental health.
"This will definitely affect people's well-being and mental health negatively, especially for young people from gender and sexual minorities. They know the society is against alternative gender expressions and even the state is openly supporting and tolerating this," he told the South China Morning Post.
"They cannot turn to teachers, doctors or social workers for help because many of these professionals will also have their prejudices."
Bao said social media was another part of the problem and was often more dangerous for vulnerable people than the offline world.
"On social media platforms, this can feel all too overwhelming, as abuses can come from anyone at any time and from anywhere.
"It gives the impression that the whole world is against them and there is no escape. Bullying is bad enough and online bullying is extremely harmful," he said.
Even less direct government crackdowns, such as reining in big tech companies, have had the unintended consequence of affecting people who found safety nets on platforms that have embraced diverse sexual and gender identities, said Dr Shuaishuai Wang, a lecturer in New Media and Digital Culture at the University of Amsterdam.
"These sites allowed content called boys' love, online fiction that depicts a romance between two men, to flourish. Large online fan groups, including both women and gay men, emerge around these boys' love dramas," he said.
Bao says that, at a time of rising nationalism and tensions with the West where everyone in China is increasingly on edge and watching each other for signs of disloyalty, there is growing pressure to conform to gender norms.
"This type of traditional masculinity often has a nationalist, patriotic and jingoistic overtone: people who do not conform to gender norms can be seen as 'not Chinese' or 'not patriotic' enough," he said.
"This is deeply problematic. After all, there are as many ways to be Chinese as there are ways to express one's gender and sexuality — an open and diverse society can accommodate all of them."
Bao said we can find hypermasculinity in many countries that are trying to project political strength on the international stage, but "unfortunately, this manifests itself as the bullying of young people with soft masculinity and the silencing of gender and sexual minorities."
Many comments online expressed concern about how many more people like Zhou would feel isolated and be placed at risk as the current policies continued. A quick browse of Chinese social media revealed many comments from people struggling with their own trauma.
"After reading, my tears fell, and I looked so much like him. How many times have I struggled and needed help from others? Thankfully, I managed to survive," wrote one person on Weibo.
Another person said: "I have also been bullied on campus. No one can help me. I will never forget this feeling in my life!"
In Zhou's final Weibo post, he urged parents and others to support people who did not fit into the mainstream.
"Stranger, please remember that you are worthy of being loved!" he wrote. "People like me, but please love us a little more. We never lack the spirit and motivation to fight for a better life."
SINGAPORE HELPLINES
Samaritans of Singapore: 1800-221-4444
Singapore Association for Mental Health: 1800-283-7019
Care Corner Counselling Centre (Mandarin): 1800-353-5800
Institute of Mental Health's Mental Health Helpline: 6389-2222
Silver Ribbon: 6386-1928
Shan You Counselling Centre (Mandarin): 6741-0078
Fei Yue’s Online Counselling Service: www.eC2.sg
Tinkle Friend (for primary school children): 1800-2744-788