Monday, June 27, 2022


Secret six-week trial opens in B.C. Supreme Court in Vancouver

Keith Fraser - 
Vancouver Sun
June 27,2022


B.C. Supreme Court in downtown Vancouver.

A trial that is expected to run for six weeks but is shrouded in secrecy began Monday at the B.C. Supreme Court in Vancouver.

The secret trial is happening in the wake of a recent story in the National Post detailing a concerning rise in the number of discretionary publication bans being sought in Canadian courts.

The case at the Vancouver Law Courts is referred to on the court docket as “Named Persons V. Attorney-General of Canada,” but very little else about the civil matter is readily available.

When a reporter arrived at the courtroom shortly before the trial was to begin, the doors were open and there was a small number of lawyers present.

One of the lawyers, who declined to be identified, said there was a publication ban on the case and noted that the court file had been sealed, but did not provide details of the ban and added that the matter would have to be addressed by the trial judge, B.C. Supreme Court Chief Justice Christopher Hinkson.

But before the arrival of Hinkson, B.C.’s top trial court judge, a court clerk handed a typed notice to the sheriff, who advised the reporter that the case was going in-camera, or behind closed doors. The reporter left the courtroom.

A clerk in the civil registry confirmed that the file was sealed and declined to provide any details of the case, including the names of counsel involved in the matter.

Later, a Postmedia lawyer was told much the same thing when he made inquiries about the sealing order at the registry.

The doors to the courtroom remained closed after the lunch break. No one answered a knock on the door. The notice, which said, “This courtroom is closed to the public”, remained attached to the door of the courtroom.

Retired judge Bruce Cohen, who acts as a spokesman for the superior courts, said that he had made inquiries into the reason why the case had gone in-camera, but there was no information available to him that he could pass on.

The federal justice department, which handles media inquiries concerning the Attorney-General of Canada, had no immediate response to a request for details about the case.

Canadian courts are presumed to be open to the public, but in some circumstances either legislation or a court can require a proceeding be held in-camera.

The National Post story outlined data from four provinces, including B.C., that indicated a 25-per-cent increase in the number of discretionary publication bans sought for civil and criminal cases over the past two years.

Other data from the B.C. attorney-general’s ministry indicated a substantial rise in discretionary bans actually imposed in B.C. Supreme Court and the Provincial Court over the past 10 years.

Mark Bantey, a longtime media lawyer in Montreal, said Monday that he wasn’t sure how it works in B.C. courts, but that if the Vancouver file was sealed, the media should be able to find out why it was sealed, when it was sealed, and if the media were given an opportunity to challenge the sealing order.

“Because if the media weren’t given an opportunity to challenge the sealing order, you should be able to intervene and challenge it.”

Bantey, who has represented national and local media, said that it was “highly exceptional” for a trial to be closed to the public, but that it does occur in some cases.


https://www.thoughtco.com/court-of-star-chamber-1789073

2018-03-13 · The Star Chamber was so named for the star pattern on the ceiling of the room where its meetings were held, at Westminster Palace. Origins of the Star Chamber: The Star Chamber evolved from the medieval king's council.


Taliban call for unfreezing of bank funds after deadly earthquake

Aid groups said that, in the past, Taliban authorities tried to divert aid to areas and people that supported their views.

A Taliban helicopter takes off after bringing aid to the site of an earthquake in Gayan, Afghanistan on June 23, 2022 [Ali Khara/Reuters]

Published On 25 Jun 2022

Afghanistan’s Taliban administration has called on international governments to roll back sanctions and lift a freeze on the country’s central bank assets as the country deals with the aftermath of an earthquake that killed more than 1,000 people and has left thousands homeless this week.

While humanitarian aid has continued to flow to Afghanistan, funds needed for the country’s longer-term development were halted when the Taliban seized control of the country last August.

Since then, billions of dollars in Afghan central bank reserves remain frozen overseas amid international sanctions on the Taliban government that has hampered the domestic banking sector and left the country’s new rulers with few reserves.

“The Islamic Emirate is asking the world to give the Afghans their most basic right, which is their right to life and that is through lifting the sanctions and unfreezing our assets and also giving assistance,” Abdul Qahar Balkhi, foreign affairs ministry spokesman, told Reuters in an interview.

Balkhi said Afghans’ right to life-saving funds should be the priority.

The earthquake that struck the east of the country early on Wednesday damaged or destroyed 10,000 homes and also injured about 2,000 people, straining the country’s fragile health system and posing a major test for the Taliban government.


Taliban pledge no interference with aid


Aid organisations have complained that, in the past, Taliban authorities had tried to divert aid to areas and people that supported their views – or even seized goods to distribute themselves and claim the credit.


Khan Mohammad Ahmad, a senior Taliban official in hard-hit Paktika province, said international organisations helping relief efforts would not be interfered with.

“Whether it is WFP, UNICEF or any other organisation … the international community or the United Nations … they will do the distribution by themselves,” Khan said.

“The responsible people from the Islamic Emirate are here … our members will be always with them [to help],” he added, referring to the Taliban’s new name for Afghanistan.

Afghan men examine the damage to their houses after a recent earthquake in Gayan, Afghanistan on June 23, 2022 [Reuters]

Emergency response teams stretched

Afghanistan is frequently hit by earthquakes, especially in the Hindu Kush mountain range, near the junction of the Eurasian and Indian tectonic plates.

Delivering aid has been made more difficult because the quake struck areas already suffering the effects of heavy rain, causing rockfalls and mudslides that wiped out hamlets perched precariously on mountain slopes.

Communications have also been hit with mobile phone towers and power lines toppled.

Officials say nearly 10,000 houses were destroyed, an alarming number in an area where the average household size is more than 20 people.

Even before the Taliban takeover, Afghanistan’s emergency response teams were stretched to deal with the natural disasters that frequently strike the country.

But with only a handful of airworthy planes and helicopters left since they returned to power, the Taliban’s response to the latest catastrophe is further limited.

How the melting Arctic could lead to huge riches—but also a world war

NY Post
June 25, 2022 

Santa’s getting company.

Fast-melting sea ice has opened a potential new Arctic shipping lane across the North Pole, which will give powerful nations easier access to the frozen zone’s vast riches — but has also sparked fears of war.

The Arctic Council predicts that, during the summers, sea ice will be gone by 2040 — allowing for a major new seasonal passageway. This Transpolar Sea Route (TSR) would be the fastest way to get around the region and could spur a spike in mining, drilling and trade over the next quarter-century.

Territorial stakes are yet to be sorted out. The US, Russia and six other countries — Canada, Denmark, Finland, Sweden, Iceland and Norway — are jockeying for claims to the surrounding area’s oil, gas and rare-earth minerals and metals: precious resources needed to power computers, phones, electric cars and satellites. China, meanwhile, is claiming “near Arctic” status so it, too, can benefit from the wealth of the region.
NY Post/Mike Guillen

“Today is a pivotal moment that is going to reshape the energy market and the supply chain,” said Rebekah Koffler, an intelligence analyst and author of “Putin’s Playbook: Russia’s Secret Plan to Defeat America.”

“The Arctic is going to be the future battlefield for economic dominance and possession of natural resources.”

The new passage, which runs about 2,000 nautical miles and was first crossed in 2012, currently is navigable only with high-level icebreaker ships.

But should melting ice make it more easily crossable, the TSR would offer lower costs and delivery times, particularly to Europe and Asia. It is hoped that tankers and cargo carriers will be able to sail over the top of the earth using the TSR in summer, saving more travel time than the two main coastline-hugging waterways that currently link the Arctic to southern ports.

“You could see a ship being sent right over the North Pole as early as 2035,” said Marc Lanteigne, an Arctic researcher in Norway. “Floating sea ice is still a hazard, but the degree of danger gets lower and lower each year.”Melting ice caps are giving transport ships new options into crossing directly over the North Pole, a route that was too difficult before. Beyond geopolitical implications, the control of some $1 trillion in metals and minerals is at stake.AFP/Getty Images
Vladimir Putin’s Russia and the United States under President Biden are among nine nations squaring off for control of the Arctic, where fast-rising temperatures could make the now-ice-covered region ship-navigable each summer as soon as 2040.Getty Images (3)

But the new passage could also escalate tensions between nations.

Last month, Russian President Vladimir Putin said his country will “knock out the teeth” of any foreign adversary that challenges its sovereignty over any territory it claims. While he didn’t specifically name the Arctic, Russia is currently massing a formidable array of military weapons in the region — including the Poseidon 2M39, a stealth nuclear-powered torpedo dubbed the “super-weapon.”

Days after Putin’s comments, President Biden warned that the climate change could “generate potential conflict in terms of dominating the Arctic.”

“The distance between Russia and NATO countries in the Arctic has been reduced to about 100 miles,” added Koffler. “And everyone is posturing for dominance. The US Army says we’re going to dominate the region, but the Russians have their own strategy. They’re screaming that they’re going to be the only non-NATO country in the Arctic Group. And China has joined the fight. They’re trying to tap into the Arctic as a major shipping route.”

For now, crossing the Arctic still requires an icebreaker like this Russian behemoth, the first to ferry natural gas across in 2018.Kyodo News Stills via Getty Images

Until now, commercial shippers from the US, Canada and western Europe have relied on the Northwest Passage (NWP), which was opened widely in 2007. The Northern Sea Route (NSR), which started in 2017, is dominated by Russia.

Up for grabs is greater access to a region that holds 13% of the world’s untapped oil and 30% of its drillable natural gas, according to the US Geological Survey.

There’s also an estimated $1 trillion in metals and minerals, ranging from gold and silver to beryllium, cadmium and lithium — all in great demand due to the explosive growth of personal electronics and electric-battery cars.

While shipping, mining, drilling and fishing rights have been established along the Arctic coastal waterways for each country, none have been set for the wider Arctic. And it’s led to bitter disputes.
Russian President Vladimir Putin said his country will “knock out the teeth” of any foreign adversary that challenges its sovereignty over any territory it claims.AP

In 2015, the Russians told a UN commission that everything is theirs, including all international waters from the continental shelf to the North Pole. Greenland has made a similar claim. Canada has rejected those arguments. Meanwhile, the US and Canada are at odds over who controls the NWP.

In any case, the UN doesn’t have the power to decide who gets what. It says that valid but overlapping stakes must be sorted out between competing nations.

Meanwhile, deposits in the Arctic have already enriched all Northern nations — and Russia most of all.

Moscow’s offshore drilling along the Yamal Peninsula, which is brimming with petroleum and natural gas below the seafloor, has delivered the biggest profits in the region.

President Biden warned that the rapidly thawing terrain could “generate potential conflict in terms of dominating the Arctic as it melts.”
AFP via Getty Images

“For the Russians, the Arctic is their lifeblood,” said Capt. David “Duke” Snider, a former Canadian Coast Guard director who now runs Martech Polar Consulting, which helps ships navigate the Arctic.

Canada, meanwhile, cashes in with its Mary River mine on Baffin Island, which has plumbed one of the world’s biggest troves of iron ore since 2015. The Red Dog zinc mine in northwest Alaska — owned by a group of local Native American nations — has churned out $5 billion in gross profits since 2005.

Russia also has a leg up with its fleet of 50 icebreakers, including one of the best: the Vladimir Rusanov, which made news when it became the first ship to cross the NSR with a hull full of liquefied natural gas in 2018.

“It’s absolutely state of the art,” Snider said.
NY Post/Mike Guillen

He noted that the US has just one such ship in the area — the Michael A Healy, a diesel-powered, 420-foot cutter and the largest ship in the US Coast Guard’s fleet.

There’s a reason former president Donald Trump in 2019 floated the idea of buying Greenland from Denmark (not that it was for sale). Greenland has enormous quantities of metals and minerals, including gemstones and neodymium, a rare-earth metal and powerful magnet used in hard drives, hybrid vehicles and aircraft.

Scores of potential mine sites have been identified across Greenland, the world’s largest island, though extracting the resources is another matter. It requires heavy equipment, roads, bridges, deep water ports and other infrastructure. Only about 56,000 people live in the country.

“It’s not so much a matter of finding what’s there; it’s getting it out,” said Lanteigne.

Capt. David “Duke” Snider, a former Canadian Coast Guard director, said the area’s dwindling sea ice is, in some ways, making transportation more treacherous.
Captain Duke Snider

Greenland, which was once ruled by Denmark as a colony, is now self-governed, with its own parliamentary lawmakers and a prime minister, liberal-leaning Mute Bourup Egede, who was elected in 2021.

But Denmark controls its foreign policy and defense, and funds two-thirds of its annual revenue, about $620 million. In 2013, Greenland’s parliament ended a 25-year mining ban on uranium and other minerals, allowing Denmark, or other countries it approves, to expand speculation for rare elements on the landmass.
The Arctic Circle remains harsh, remote and bone-chillingly cold, as well as dark from early October to early March. AFP/Getty Images

Still, the Arctic Circle remains harsh, remote and bone-chillingly cold, as well as dark from early October to early March.

And though it’s warming faster than anywhere on earth, the area’s dwindling sea ice is, in some ways, making transportation more treacherous, according to Snider.

He says that ice bridges that once held back “multiyear” ice — hard, thick masses built up over many consecutive years — are now collapsing, bringing dense, calved-off hunks of ice into waters where they’ve never been seen before.

“Hitting one is like running into a brick wall,” Snider said.
Currently, freezing temperatures that trap ships, sky-high insurance and icebreaker escorts can delay cargo ships for weeks.AP

Wildly unpredictable weather poses another threat.

“An early winter freeze can trap ships,” he said, noting that 14 Russian vessels got stuck in sea ice on the NSR near the Siberian coast last year, with one trapped for a month. “You hear these predictions of people zooming around the Arctic. It’s just not happening.”

The added costs of travel through frozen seas — weather-induced delays, sky-high insurance, icebreaker escorts — have limited trips through the NSR to about 30 per year and NWP voyages to about a dozen, he said. The 25% increase in Arctic shipping between 2013 and 2019 mostly involved local runs ferrying goods to small towns, not transcontinental crossings, Snider said.
The Russians and Americans once shared information about the migration of Arctic mammals, but since the invasion of Ukraine, communication has stopped, one biologist told The Post. AP

Meanwhile, Putin’s invasion of Ukraine has put a deep freeze on what had long been a friendly, information-sharing rapport between American and Russian researchers, according to Carin Ashjian, a biologist and researcher with the Woods Hole Oceanographic Institution.

The two sides once worked together informally, exchanging data on topics like melting ice and the migration of fish and mammals, but Russian scientists have stopped communicating and are no longer attending international conferences and other gatherings, where relationships were built, she said.

“We’re just not able to see each other now,” Ashjian said.

If the Media can probe Shireen Abu Akleh’s Death, Why Not the Murder of Other Palestinians?

An Israeli sniper shot the Al-Jazeera journalist, according to four US news organisations. But the only investigation the Biden administration will heed is an Israeli one

The New York Times published this week the conclusion of its investigation into the killing of the Palestinian-American journalist Shireen Abu Akleh.

It was the fourth major US news organisation to look in detail at what happened to Abu Akleh during an Israeli army raid into the Palestinian city of Jenin last month.

The New York Times found a high probability she had been killed by an Israeli sniper, confirming the findings of earlier investigations by the Associated Press, CNN and the Washington Post. Like the other publications, the Times based its findings on video footage, witness testimonies and acoustic analysis.

“The bullet that killed Ms Abu Akleh was fired from the approximate location of the Israeli military convoy [in Jenin], most likely by a soldier from an elite unit,” the Times concluded. A total of 16 shots were fired at the group of journalists that included Abu Akleh.

Last month, CNN said the evidence it unearthed suggested the veteran Al Jazeera journalist had been killed in a “targeted attack by Israeli forces”. Similar conclusions have been reached by human rights groups that have studied the evidence, including Israel’s respected occupation watchdog, B’Tselem.

A major blow

These probes are a major blow to Israel, coming from reputed media organisations that are usually seen as highly sympathetic to Israel rather than the Palestinians.

They have kept the killing of the journalist in the headlines when Israel had hoped interest would quickly wane – as is the case with the overwhelming majority of Palestinian deaths.

The investigations have made it much harder for Israel to obscure both its responsibility for Abu Akleh’s killing and the intention behind it. The bullet that killed her was fired with the apparent goal of executing her, hitting a narrow, exposed area of flesh between her helmet and a flak jacket marked “Press”.

And the various probes have highlighted once again how unwilling Israel is to hold its soldiers to account for committing crimes if the victim is Palestinian.

Instead, Israel has had to twist and turn in defending its failure to identify the culprit. It initially refused to investigate, claiming a Palestinian gunman, not one of its soldiers, shot Abu Akleh during the military raid.

All the media investigations show that to be untrue.

Then Israel suggested that she might have been hit by the crossfire from an Israeli soldier being fired on by Palestinian gunmen. But all the investigations have shown that Palestinian fighters were nowhere near Abu Akleh when she was shot. She was, however, clearly visible to a unit of Israeli soldiers.

More recently, Israel has tried to shift the blame onto the Palestinian Authority, saying it has not cooperated by handing over the bullet that killed Abu Akleh or by agreeing to hold a joint investigation. As ever, Israel behaves as if the party accused of the crime should be the one to oversee the investigation.

The Palestinian Authority rightly refuses requests for cooperation, arguing that they are being made in bad faith. Israel would exploit any joint investigation to concoct “a new lie, a new narrative”, the PA observes.

A meaningful question

In reality, Israel already knows exactly which of its snipers pulled the trigger. The only meaningful question at this stage is, why? Was the shooting committed by a hot-headed soldier, or was it an execution carried out on orders from above? Was the intention to target Abu Akleh specifically, or did it not matter which of the group of journalists she was among was hit?

Israel, however, isn’t the only party discomfited by the media’s repeated investigations.

They have also served to embarrass Joe Biden’s administration. Antony Blinken, the US secretary of state, has called for an “independent, credible investigation”, while his department has underscored the need for a “thorough and independent investigation”.

The New York Times and the other major media outlets have all proved that just such an investigation can be carried out. And yet the silence from the US administration at their shared findings is deafening.

There are two further, possibly less obvious conclusions the rest of us should draw from these efforts to identify who was responsible for killing Abu Akleh.

The first relates to the exceptional nature of the investigations conducted by the US media. Concern at the killing of a Palestinian is far from the norm. In this case, it appears to have been prompted by an unusual coincidence of facts: that Abu Akleh was a high-profile, internationally respected journalist and that she had US citizenship.

In other words, she was seen not just as any ordinary Palestinian, or even as a Palestinian journalist, but as one of the western media’s own.

Total impunity

In murdering Abu Akleh, Israel reminded journalists at the New York Times, AP, CNN and the Washington Post that the lives of their correspondents covering Israel and Palestine are in more danger than they possibly appreciate. In killing her, Israel crossed a red line for the western media – one premised on self-interest and self-preservation.

There are parallels with the media’s special treatment of the killing of Saudi journalist Jamal Khashoggi – and for similar reasons. Khashoggi, who was working for the Washington Post, was murdered and his body dismembered during a visit to the Saudi embassy in Turkey.

As with Israel, Saudi Arabia‘s leadership has an appalling human rights record and is not hesitant to jail and kill its opponents. But Khashoggi’s murder provoked unprecedented outrage from the media – outrage that Saudi Arabia’s many other victims have never warranted.

The fact is the US media could have conducted similar investigations into any number of Palestinian deaths at the hands of the Israeli security services, not just Abu Akleh’s, and they would have reached similar conclusions. But they have consistently avoided doing so.

There is a danger inherent in focusing exclusively on Abu Akleh’s killing, just as there was with focusing exclusively on Khashoggi’s. Each has the effect of making it look as though their deaths are exceptional events requiring exceptional investigation – when they are each an example of a longstanding pattern of regime lawlessness and human rights abuses.

The special focus subtly reinforces too the impression that Palestinian accounts of Israeli abuses, even when the supporting evidence is overwhelming, cannot be trusted.

The veteran Israeli journalist Gideon Levy has run a weekly column, the Twilight Zone, in the Haaretz newspaper for years in which he investigates the killing or serious wounding of Palestinians – often people whose names have never appeared in the western media.

Invariably he finds that Israel’s military lies – sometimes flagrantly – about the circumstances in which Palestinians have been killed, or it initiates an inconclusive, stone-walling investigation.

The lies are needed because the truth would show something consistently ugly about Israel’s decades of military occupation: that Israeli soldiers often kill unarmed Palestinians in cold blood; or that they recklessly shoot Palestinian bystanders; or that they execute armed Palestinian fighters when no one’s life is in danger.

The common thread in Levy’s reports is the complete impunity of Israeli soldiers, whatever their actions.

Pilloried in public

But there is a further conclusion to be drawn. Blinken and the Biden administration keep insisting on a thorough, independent, credible and transparent investigation, and say it is important to “follow the facts, wherever they lead”.

But who do they expect to carry out such an investigation?

The White House, of course, reflexively discounts the findings of the Palestinian Authority’s investigation that Abu Akleh was deliberately shot by Israeli soldiers. It acts as if the investigations conducted by these four large media organisations do not qualify. Meanwhile, the administration itself shows precisely zero interest in conducting an investigation, despite pressure from Congress to involve the FBI.

Would Blinken prefer that the United Nations take on the task? Presumably not, given how the US and Israel responded to the last major independent investigation by the UN, one into Israel’s month-long attack on Gaza at the end of 2008. Israel refused to cooperate.

Richard Goldstone, a distinguished South African jurist, led a panel of experts who concluded that Israel had committed a series of war crimes during its attack, known as Cast Lead, as had Palestinian militias.

The UN panel’s report found that Israel had adopted a policy that intentionally targeted Palestinian civilians, the vast majority of the 1,400 Palestinians killed in Cast Lead.

Both the US and Israel worked strenuously to bury the report. Goldstone, who is Jewish, found himself publicly shamed and isolated by Jewish communities in the US and South Africa. He was even barred from attending his grandson’s bar mitzvah. Eventually, he appeared to succumb to the pressure campaign, expressing regret over the report.

No one in Washington came to Goldstone’s defence over the UN’s thorough, independent, credible and transparent investigation. Quite the reverse: he was publicly pilloried. The US administration thereby sent a message to other experts that investigating “independently” and “credibly” is certain only to bring ignominy on their heads if it exposes Israel’s war crimes.

Israel’s hands ‘tied’

Or maybe Blinken would prefer that the International Criminal Court at the Hague investigate.

And yet the US demonstrated the degree to which it appreciates full, independent, credible and transparent investigations by that body two years ago, when the ICC tried to turn the spotlight on to US war crimes in Afghanistan and Israel’s in the occupied Palestinian territories.

In response, Biden’s predecessor, Donald Trump, imposed sanctions on the court, denying staff entry to the US and threatening to seize its assets. The threat extended to anyone offering “material support” to the court – language more normally used in the context of terrorism.

The reality, as all parties understand, is that only an investigation overseen by Israel could ever count as “thorough, independent, credible and transparent” to the US.

The subtext is that an investigation cannot hope to reach the bar of “credible, independent and transparent”, as far as Washington is concerned, until the Palestinian Authority agrees to hold a joint inquiry with Israel.

But both Israel and the US know full well that the Palestinian leadership will never agree to such “cooperation” – because Israel’s role would not be to arrive at the truth but to engineer a cover-up.

The demand for a “credible, independent and transparent” investigation is the US administration’s code for an investigation that will never take place. It is the diplomatic equivalent of the pot of gold at the end of the rainbow.

But more importantly, it is the kind of impossible investigation that, conveniently for the US and Israel, they can blame the PA for obstructing. As long as the Palestinians refuse to “cooperate”, Israel’s hands are supposedly tied.

Abu Akleh’s murder has not just revealed the fact that Israeli soldiers kill Palestinians, any Palestinian, with impunity.

It has revealed too that the Biden administration is not troubled by the killing, or by the impunity of the soldier who executed her. All that bothers the White House is the irritant of having to create the impression it cares about the truth and the impression that Israel is doing its best to investigate.

Until the matter can be swept aside, it will be a little harder for each to get on with business as usual: for the US to give Israel full-throated financial, diplomatic and military support; and for Israel to continue its incremental, decades-long work of seizing control of the Palestinians’ entire, historic homeland.

But at least for each of them, with Abu Akleh gone, there is one less fearless witness to expose quite how hollow their moral posturing is.

• First published in Middle East Eye


Jonathan Cook, based in Nazareth, Israel is a winner of the Martha Gellhorn Special Prize for Journalism. His latest books are Israel and the Clash of Civilisations: Iraq, Iran and the Plan to Remake the Middle East (Pluto Press) and Disappearing Palestine: Israel's Experiments in Human Despair (Zed Books). Read other articles by Jonathan, or visit Jonathan's website.

In the Crevices Between Submission and Revolution: Disguised and Public Resistance in Caste, Slave, and Feudal Societies Part I

PART I

Orientation

Simplistic notions of Domination and Resistance: Polarized Dualities

When we examine the relations between those in power and those who are subordinate, a typical way of framing these relationships is as a duality. On one hand, those in power are ruling using various power bases such as force, coercion, and/or charisma. The impact of these power bases keeps people passive. In fact, some claim that powerless people come to agree they deserve to be in the position they are in. At the other extreme are open insurrections where the powerless temporarily rebel or even enact a revolution to overthrow those in power. The problem is that there are no in-between stages or a spectrum between pure submission on the one hand and revolution on the other.

From force to coercion

The ultimate basis of domination in complex state societies is force. However, the use of constant force only works in times of conquest or open rebellions. When domination acquires a kind of social continuity, other forms of dominance are set in motion. James C. Scott, in his book Domination and the Arts of Resistance uses his experience as a sheep herder to compare the situation of sheep penned in by an electric fence with the dominant relations in human society.

If sheep are pastured in a field surrounded by a powerful electric fence, they will at first blunder into it and experience the painful shock. Once conditioned to the fence, the sheep will graze at a respectful distance. Occasionally, after working on the fence, I have forgotten to switch on the power again for days at a time, during which the sheep continue to avoid it. The fence continues to have the same associations for them despite the fact that the invisible power has been cut. (48)

In human affairs, this captures the movement from the use of force to coercion or the threat of force. However, the analogy breaks down when we compare the difference between the motivations and actions of sheep and humans.

With sheep we may only assume a constant desire to get to the pasture beyond the fence – it is generally greener on the other side of the fence since they will have grazed everything on their side. With tenants or sharecroppers, we may assume both a constant testing through poaching, pilfering…and a cultural capacity for collective anger and revenge. The point is that the symbols of power, provided that their potency was once experienced may continue to exert influence after they may have lost most or all of their effective power. (48)

The problem with social scientific understandings of power dynamics is that there is not much explanation of what is in between submission and revolution. But James C. Scott argues that rarely can we see a case where an individual slave, untouchable, or serf is being either entirely submissive or entirely insubordinate. In between submission/acceptance and open revolution there are other states of power.

Barrington Moore widens the spectrum between complete submission and revolution by arguing there are two other grades of resistance before the third stage of revolution:

  • lower classes criticize some of the dominant stratum for having violated the norms by which they claim to rule;
  • the lower classes accuse the entire stratum of failing to observe the principles of its rule; and,
  • the lower classes repudiate the very principles by which the dominant stratum justifies its dominance. This would be to identify with alternatives to the dominant system.

Scott argues that the historical evidence clearly shows that subordinate groups have been capable of revolutionary thought that repudiates existing forms of domination. However, subordinate groups are not born with revolutionary consciousness. They prefer squatting to a defiant land invasion. They prefer evasion of taxes to a tax riot. They would prefer poaching or pilfering to direct appropriation. It is only when these behind-the-scenes measures fail that they might be open to more drastic measures. Scott argues that there is a whole spectrum of resistance that occurs before even the first of Moore’s three gradients, as we shall see shortly.

My presentation of Scott’s work has five parts. In this introductory section, I will discuss three theories of submission, “thick”, “thin” and “paper thin” states of submission. Then I will probe into Scott’s three dimensions of submission including material, status and ideological dimensions. In the second section I will cover what Scott calls the “public transcript“ which is dominated by elites. These forms include things like parades and coronations and control of language. There are also forms of resistance such as the gathering of crowds and how terrifying they were to elites because they were public gatherings of subordinates without authorization. Interpersonal forms of resistance include mocking body language and verbal language including voice intonation and sarcasm. This will conclude Part I of this article.

In Part II I describe Scott’s notion of the hidden transcript. Hidden transcripts require secret social sites in which to discuss, rehearse and resist elites. Elites attempt to minimize this hidden transcript by taking away social sites and attempting to atomize individuals. In the second section of Part II, I discuss two forms of resistance that come out of the hidden transcript. One is social-psychological strategies and the other is the cultural strategies of resistance. In the last section of Part II, I describe Scott’s analysis of how the process of resistance turns into open insubordination. This is the electrifying time when the hidden transcript goes public. The general movement of both articles goes from the public transcript controlled by elites, to hidden transcripts controlled by subordinates to a return to the public transcript, this time controlled by subordinates who are now becoming insubordinate.

Theories of submission

When the upper class has power in everyday life, force is not used directly to keep the lower classes continuing to produce a surplus but by enacting a public display of their submission though speech, gesture and manners. How do we make sense of how this can happen? For liberal pluralists, the absence of significant protest or radical opposition is taken as a sign of lower-class satisfaction with the existing order. James C. Scott disagrees.

Thick and thin forms of submission

At the other extreme of the political spectrum, “fundamentalist” Marxists contend that on a deep level, perhaps on an unconscious level, the lower classes are aware that their position is unjust and in revolutionary situations will discover what has been buried inside them. According to them, in revolutionary situations the lower classes will become a “class-for-itself”. How do these Marxists explain the consciousness of the lower classes in non-revolutionary situations? They contend that in these times the working class has been convinced that the upper-class justifications for their power are legitimate – and they actively believe in those values. They consent to their position. This is what Marx called “false consciousness” or class-in-itself mind-set. Scott labels these Marxist depictions of the lower classes as “thick forms of consciousness.” This means that as people become socialized, the mask that they wear to do their job and reproduce hierarchical relations grows slowly onto their face and over the long-haul the face becomes the mask.

I find this term “fundamentalist” useful to describe a scholastic approach of some Marxists to socio-historical issues which rely too heavily on original texts to explain new events in the world and resist dialectical incorporation of new research which has emerged since the text was  written. In addition, there is a denial of the fact that some of Marx’s predictions were simply wrong.

Both liberals and fundamental Marxists agree that the lower classes in their normal conditions are satisfied or have “bought” the existence of class society. More skeptical of this are those left-wing critics who think the lower classes are unhappy with their situation but they think it is natural and inevitable. Instead of being satisfied or yielding consent, they are resigned to their situation. Scott calls this theory “thin” forms of lower-class submission. This is close to what Gaventa calls intimidation or the rule of anticipated reactions. This means the lower classes elect not to challenge elites because they anticipate the sanctions that will be brought against them. It is an estimate of the hopeless odds which discourage a challenge. Zygmunt Bauman sees power relations as being kept intact because alternatives to the current structure are excluded. He says “The dominant culture consists of transforming everything which is not inevitable into the improbable.” Here there is still a mask but it is thinner. The lower classes are less “snowed”.                                                           

Scott’s super-thin forms of submission

From Scott’s research, he thinks there is little evidence for the ideological incorporation of the lower classes and much evidence that the dominant ideology gives support and cohesion to the upper class rather than the lower classes, similar to pep rallies.  For Scott, what both thin and thick forms of consciousness don’t explain is how social change could ever originate from below. Instead, he argues that all these theories miss the disguised and public forms of resistance which are the subject of this essay. Scott says that these “in-between” forms of resistance are predominant in caste, feudal, and, slave societies.

Besides historical study, Scott draws from social reactance theory. Social reactance theory works on the assumption that there is a human desire for freedom and autonomy. When subordinates feel that their subordination is freely chosen, they are most likely to comply. When subordination is perceived as not freely chosen, there is resistance. In persuasive communication studies, when threats are added to a persuasive communication, they reduce the degree of attitude change. In fact, threatened choice alternatively tends to become more attractive. For Scott, there is little chance that acting with a mask will appreciably affect the face of the actor. If it does, there is a better chance the face behind the mask will, in reaction, grow to look less like the mask, rather than more like it. Nevertheless, Scott specifies 3 conditions under which a “paper thin” mask metaphor may be apt:

  • when there is a good chance a good many subordinates will eventually come to occupy positions of power. This encourages patience, emulation and explains why age graded systems of domination have such durability; and
  • when subordinates are completely atomized, kept under close observation and have no opportunity to talk things over or engage in either public or disguised resistance. This might occur when subordinate groups are divided by geography, culture and language.
  • When there is a promise of being set free in return for a record of service and compliance. 

Scott’s work is the study of forms of resistance which exist in everyday life and are not revolutionary but exist as a kind of guerrilla warfare. His studies are drawn from pre-capitalist hierarchical societies including the reports of slaves, serfs, and untouchables. He ignores the specific differences between slave systems in North America or South America as well as differences between agricultural civilizations in China and India and European feudalism. He claims that his analysis has less relevance to forms of domination in industrial capitalist countries such as scientific techniques, bureaucratic rules or capitalist forces of supply and demand. Scott’s work is an attempt to track how struggles of lords and serfs, slave owners and slaves, Brahmins and untouchables are played out under coercive, rather than force conditions in everyday life.

Scott’s three-dimensional theory of subordination and resistance: material (technological and economic) status and ideological

James Scott divides the political economy of domination and submission into three dimensions: material domination and material resistance; status domination and status resistance; and ideological domination and ideological resistance. Please see Table 2 for an overview of how these dimensions play themselves out in dominance and resistance situations. Material domination includes the appropriation of grain, taxes, and labor by agricultural elites. Status domination consists of forcing subordinates to enact their subordination through ritual humiliations, etiquette, demeanor, gestures, verbal language such as “my lord,” or “your highness”. Soft speech levels include who speaks first to whom, codes of eating, dressing, bathing, cultural taste, and who gives way to whom in public.

Status indignities form a social-psychological bridge between the subordinates’ material condition and cultural ideological justifications for why they are in the state they are in. Status indignities are the subjective and inter-subjective experience of being poor and landless. For example, they are in psychological despair because they cannot afford to feed guests on the feast of Ramadan; they are upset by wealthy people who pass him on the village path without uttering a greeting; he cannot bury his parents properly or their daughter will marry late, if at all because she lacks a dowry. The worst indignities are suffered by audiences of those who form the social source for one’s sense of self-esteem – that is closest friends, families, and neighbors. Ideological domination includes whatever religious justifications exist for why the upper classes deserve to be in the position they are in. Scott calls all three dimensions the “public transcript”.

Material resistance is divided into two types, public resistance and disguised resistance (cells 2 and 3 of table 2.) Public material resistance is what you might suspect. The usual tactics used by subordinate groups in reformist or revolutionary situations include petitions, demonstrations, boycotts, strikes, and land invasions. Public status resistance includes insubordinate gestures, postures, and open desecration of status symbols. This might include the victim’s pleasure at seeing superiors dressed down by their superiors. Once this occurs, things are never the same. Public ideological resistance includes counter ideologies which propagate equality, such as liberalism or socialism. They might also include religious heresies of spiritual equality.

The three dimensions of public dominance correspond to what most sociologists and theories of power address. Scott might call this “high politics”. Formal political organization is the realm of elites where resolutions, declarations, and laws are enacted by politicians used in written records, news stories, and law suits.  In countries with a liberal industrial capitalist orientation, an exclusive concern with open political action will capture and normalize some forms of resistance such as petitions, demonstrations, boycotts and group organizing to make them ineffective. Political liberties of speech and association have lowered the risks and difficulty of open political expression.

But in conservative, dictatorship, industrial capitalist societies or in the slave, caste, and feudal societies most people are subjects, not citizens. If high politics is considered to be all of what politics is, then it appears that subordinate groups in these societies lack a political life, unless they engage in strikes, rebellions, or revolutions  – that is, “resistant” politics (second cell).

“Infrapolitics” is the circumspect struggle waged daily by subordinate groups and is like infrared rays, beyond the visible end of the spectrum. If formal political organization is the realm of elites, infrapolitics is the realm of informal leadership of nonelites, of conversation and oral discourse. “Infrapolitics” provides much of the cultural and structural underpinning for the more visible political resistance that may come later. Infrapolitics is a kind of guerrilla warfare where one side advances to see if its tactics survive or are attacked and if so, with what strength? This is the subject of Scott’s work. He argues that to focus on the visible coastline of high politics misses the continent of infrapolitics.

Forms of disguised infrapolitics fall into three dimensions, material disguised resistance, status disguised resistance and ideological disguised resistance. Together all three are called “the hidden transcript.” Scott’s interest is in the status and ideological dimensions rather than the material dimension of infrapolitics because the material dimension has already been covered by Marxist fundamentalism.

Direct resistance by disguised resisters includes masked appropriations of food or land and anonymous threats. Practices of material disguised resistance include poaching, squatting, desertion, evasions, or fraudulent declarations of the amount of land farmed. In addition, direct resistance can include simple failures to declare land, underpayment, delivery of paddy spoiled by moisture or contaminated with rocks and mud, and foot-dragging. The lower classes can use gullibility and ignorance that are elite stereotypes of them such. These may include “laziness” to do less work and resist taxes, land dues, conscription and grain appropriation. In playing dumb, subordinates make creative use of the stereotypes intended to stigmatize them. Refusal to understand is also a form of class struggle.

Status disguised resistance includes what subordinates say and do with each other behind closed doors to counter status insults. This includes rituals of aggression, tales of revenge, gossip, rumor, and the creation of autonomous social sites. Gossip and rumor are designed to have a double meaning. This applies also to folk tales, jokes, songs, rituals, codes, and euphemisms.

Ideological, disguised resistance includes the development of dissident subcultures, millennial religions, myths of social banditry, and the return of the good king, carnival and world-upside down arts and crafts, which was also very powerful. Ideological disguised resistance also has a double meaning such as jokes, euphemisms, and the Br’er Rabbit stories of slaves. Altogether, there are six forms of resistance, three forms of public resistance, and three forms of disguised resistance. The table below helps to differentiate them.

The Public Transcript of Domination and Resistance

The public transcript is the open interaction between subordinates and those who dominate them. The public transcript is the self-portrait of the dominant elites as they would have themselves seen. This can take the form of collective performances such as public displays with little interpersonal interaction and interpersonal performances where there is actual dialogue.

Dominance performances: parades and coronations

Formal ceremonies such as parades, inaugurations, processions, and coronations celebrate and dramatize the rule of dominators. They are choreographed in such a way as to prevent surprises. All parades imply a hierarchical order, a precise gradation of status, with the king at the head and the lowliest at the rear. They are authoritarian gatherings. In formal ceremonies, subordinates only gather when they are authorized.

Rather like iron filings aligned by a powerful magnet, subordinates are gathered in an arrangement and for purposes determined by their superiors…

In a parade, there are no horizontal links among subordinates. Without the hierarchy and authority that knits them into a unit they appear as  mere atoms with no social existence….subordinates are nothing but potatoes in a sack (61-62)

Who are these performances for? At first guess, you might think that coronations serve the purpose of displaying to their subordinates the might and coordination of the dominant. But according to Scott, they are not very successful in doing this. He claims that this domination performances is a kind of self-hypnosis within ruling groups to buck up their courage. The authorities want to create appearance of unanimity among ruling groups. This is why it is very important that ruling classes suppress members of their own class from disagreeing publicly.

Public Transcripts of Domination: Interpersonal

Deferential behavior by subordinates in public interactions includes encouraging smiles, appreciative laughter and conformity in facial expression and gesture. Gender differences in language are interesting here. For example, women use tag questions and a rising tone at the end of a declarative sentence, including the use of hyper-polite tones, linguistic hedges, stammering, and no public joking. (Scott says it is interesting to consider that there are few women comedians.) Subordination and domination are built into the different usages in terms of bodily functions. Scott sites the following examples: “Whereas commoners bathe, the Sultan sprinkles himself; while commoners walk, the Sultan progresses (assuming a smooth, gliding motion); while commoners sleep, the Sultan reclines.” In slave societies, slaves are referred to as boys, whereas whites are referenced as “mister”.

The upper classes also use euphemisms, that is verbal language, gestures, architecture, ritual actions, and public ceremonies to obscure the ultimate force-basis use of rule. For example, in terms of language,  “pacification” is used instead of “armed attack and occupation”; “calming” for “confinement by straightjacket”; “capital punishment” for “state execution”; “re-education camps” for “prison for political opponents”; and “trade in ebony wood” for “traffic in slaves”. Scott says when bosses fire workers they say “we had to let them go”, as if workers in question were mercifully released like dogs straining on their leashes.

On the other hand, the practices of their opponents are vilified and presented in categories which delegitimize their opposition. Authorities deny rebels the status of public discourse and try to assimilate their acts into a category that minimizes the political challenge by calling them bandits and criminals, hooligans, or mentally deranged. Religious practices that challenge the corrupt practices of the authorities are labeled heresy, Satanism, or witchcraft.

Public transcripts of resistance: crowds

An unauthorized gathering was potentially threatening. It is so threatening to the upper classes that they call such gatherings “mobs” or “rabble”. In other words, they think people run amok because they have no authorities ruling over them. A gathering is an unauthorized coordination of subordinates by subordinates.

In an agricultural bureaucratic state in the East or a feudal society in the West, the presentation of a petition to the ruler to redress peasant grievances was itself a capital crime.  Gatherings of five or more slaves without the presence of a white observer were forbidden. The authorities were uneasy about the holidays because they lacked the structure of work and brought together large numbers of slaves. This is why there was a law in France in 1838 forbidding public discussion between work peers.

Pubic transcripts of resistance: interpersonal

Those in subordinate positions may refuse to enact submissive facial gestures, make way for elites on the street, or addressing them with mock intonations or exaggerated submissiveness, refusal to laugh at jokes of the upper classes.

Public transcripts of resistance: ideological

Holding the elites’ feet to the fire

Elites cannot do just as they please. Because much of their power is legitimized, they must at least make a passable attempt to perform some valuable social functions. This requires that it must:

  • specify the claims to legitimacy it makes;
  • develop discursive affirmations it stages for the public transcript;
  • identify aspects of power relations it will seek to hide (its dirty linen);
  • specify the acts and gestures that will undermine its claim to legitimacy;
  • tolerate critiques that are possible within its frame of reference; and,
  • identify the ideas and actions that will represent a repudiation of profanation of the form of domination in its entirety.

Elites are vulnerable to attack if these conditions are compromised.

For example, in feudalism, honor, noblesseoblige, bravery, and expansive generosity are expected from the aristocrats. The feudal contract would be negated by any conduct that violated these affirmations such as cowardice, petty bargaining, stinginess, the presence of runaway serfs, and failure to physically protect serfs. In the case of the Brahmins, elites would need to possess superior karma, vital ritual services, refinement in manner, presiding at key rites of birth, and observance of taboos are expected.

Return of the Just King

Very often the lower classes play off the king against the aristocracy. It is the king who represents the true interests of the serfs, untouchables, or slaves against the abuses of the nobles. Scott argues that, Lenin notwithstanding, there is simply no evidence that the myth of the Czar promoted political passivity among the peasantry. Furthermore, there is a fair amount of evidence that the myth facilitated peasant resistance. When petitions to the Czar failed, instead of turning on the Czar, serfs then suspected that an imposter, a false czar was on the throne. Under the reign of Catherine II, there were at least 26 pretenders. Pugachev, the leader of one of the greatest peasant rebellions, owed his success in part to his claim to be Czar Peter III. The myth of the czar could transmute the peasantry’s violent resistance to oppression to any act of loyalty to the Crown.

Fundamentalist Marxists, using thick forms of subordinate consciousness, claim that the myth of the kind czar is an ideological creation of the monarchy, then appropriated and reinterpreted by the peasantry. Scott argues that these myths were the joint product of a historic struggle rather like a ferocious argument in which the basic terms – simple peasant, benevolent czar – are shared but in which interpretations follow wildly divergent paths in accordance with vital interests.

Throughout Europe and southeast Asia there are long traditions of the return of a just king. Indian untouchables have imagined that Orthodox Hinduism has hidden sacred texts proving their equality. Slaves have imagined a day when they would be free and slave owners punished for their tyranny. Contrary to Gramsci, radicalism may be less likely to arise among disadvantaged groups who fail to take the dominant ideology seriously because they haven’t yet constructed an alternative.

Summary

Subordination requires a credible performance of humility and deference, while domination requires a performance of haughtiness and mastery. Transgresses of script have more serious consequences for subordinates, and subordinates are closer observers of the dominant because there is more to lose. The same is true for women in relation to men and children and in relation to their parents. People in dominant positions think characteristics of subordinates are inborn, rather than staged for them.

Coming Attractions

Up to now all the resistance offered by subordinates does not include any systematic interpersonal discussion by them. There must be a specific social gathering site, usually in secret, where subordinates can speak freely. Secondly, those subordinates must be trustworthy, often members of the same slave master family, kin or neighbors, and have very specific working conditions as we shall see in Part II. We will explore two forms of disguise. Disguising the message and disguising the messenger. What is the place of myth and folktales? Are these stories diversions from revolution or rehearsals for it? Is smashing statues or reversing roles in carnival cathartic releases which then make people more docile or do they provide people with a structure for systematic revolt? Finally, what are the conditions when the hidden transcript of resistance finally turns into a public transcript of insubordination or revolution?

All of this will be covered in Part II.

• First published at Socialist Planning Beyond Capitalism

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Bruce Lerro has taught for 25 years as an adjunct college professor of psychology at Golden Gate University, Dominican University and Diablo Valley College in the San Francisco Bay Area. He has applied a Vygotskian socio-historical perspective to his three books found on Amazon. Read other articles by Bruce, or visit Bruce's website.