Archive for November 11th, 2008

Psychologists screening detainees in Iraq for “threat” to occupation

An article from last June’s Financial Times by Andrew Wood, a Fellow at the Harvard Law School human rights program, calls attention to a use of psychologists in Iraq detention facilities as part of their detainee screening and reeducation program. This use raises different ethical issues than does the use in interrogations. Here are the relevant excerpts on psychologists:

A document produced by a contractor of religious services in the detention centres suggests that the imams and psychologists working with detainees make recommendations to the MNFRC board based on three factors: whether a detainee presents “no security threat”, a “psychological threat” or an “ideological threat”.

But who constitutes an ideological threat – and how would you know?

How to “flip” a radical

Because Stone hopes to treat the root causes of the insurgency, incoming detainees are put through a week-long screening by psychologists, education specialists and imams. The detainees answer questions about their education, religious background and psychological state. Most questions are benign. Will he watch television? Does he smoke? “If he has a beard, it’s a data point,” Stone says.

And:

General Petraeus recently announced that the US would significantly reduce the number of detainees it holds in Iraq. They are currently being released at a rate of 40 per day, while new detentions are made at about 25 a day. The military, meanwhile, has never defined “imminent security threat”, the UN standard required for detention. Other than Stone’s modest reforms, nothing seems to indicate rigorous due process. A document produced by a contractor of religious services in the detention centres suggests that the imams and psychologists working with detainees make recommendations to the MNFRC board based on three factors: whether a detainee presents “no security threat”, a “psychological threat” or an “ideological threat”.

Here is the complete article:

The business end

By Andrew K. Woods

Friday Jun 27 2008

The top half of Major General Douglas Stone’s head is covered with black hair, slicked back a la Gordon Gecko, a businessman’s coif that suggests money or power or both. The bottom half is a ring of grey, shaved in a severe military fade. It is a dual-use cut: in a suit he is all business; with a helmet on, he is a Marine Commander.

Seated in the back of a black hawk helicopter, shrouded in kevlar body armour and desert fatigues, he appears the marine. To his right sits his personal security detail, a grave-looking fellow with a Bowie knife and two shotgun rounds strapped to his flak jacket. To his left sits a leather attache case.

The land below is barren, save the occasional train of camels, and the only indication that we’ve entered Iraqi airspace is the sound of the gunner locking and loading his heavy machinegun. After 25 miles of dust and wind, a large structure becomes visible in the distance. The helicopter approaches a huge 400-acre grid of wire, containers and stadium lights, and circles it twice, tilting nearly 90 degrees as it turns, giving Stone a wide-angle view of Camp Bucca, America’s largest detention centre in Iraq.

Surveying the structure, Stone could be the mayor of a small city. And in a sense, he is. Camp Bucca, which is named after a New York City fireman who died on September 11 2001, is said to be Iraq’s 63rd-largest community. It is the third-largest forward operating base in Iraq, and the only place south of Baghdad with continuous electrical power. “I’m told it’s bigger than 78 per cent of all American cities,” Stone says with pride. He is the Commanding General of Task Force 134 (Detainee Operations), charged with overseeing the coalition’s 19,000 detainees here at Camp Bucca, and another 3,000 held at Camp Cropper near Baghdad. By comparison, the US holds 630 detainees at Bagram Air Force base in Afghanistan and 275 at Guantanamo Bay.

An imperial city like this – guarded by an occupying army whose legitimacy has been in the balance since the prison abuse scandal at Abu Ghraib in 2004 – is an unlikely place to test the claim that a more humane military is a more effective one. But, then, Stone is an unlikely commander. A Marine reservist who made a fortune in Silicon Valley before taking a doctorate in public administration, he is now fanatical about winning what he calls “the battlefield of the mind”.

Since arriving in Iraq, he has instituted significant changes to coalition detention centres, including new review boards which explain to detainees why they are being held and what they can do about it; a pledge-and-guarantor programme whereby soon-to-be-released detainees swear in front of a judge that they will not return to the fight; increased family visits to the prisons; education programmes, including maths, Arabic and English classes; vocational training programmes; and religious discussion classes, where privately hired sheikhs discuss the Koran with detainees.

The reforms may seem obvious as a matter of law, or common sense, but they represent a significant shift from the US military’s previous detention regime in Iraq, under which increasing numbers of detainees were warehoused and riots were commonplace.

Seen from above, the 20-odd compounds of the Bucca camp have a clinical stillness that befits what goes on below: what Stone calls his massive “social experiment”, and what his critics call the world’s largest religious re-education camp.

The “war of ideas” revived

The headquarters of Task Force 134 is set apart from the rest of what is now called “camp victory” on the outskirts of Baghdad, 300 miles northwest of Camp Bucca. General Stone’s office is spare, save a bookshelf lined with volumes about counterinsurgency and the rule of law. Above his desk, Stone has tacked a piece of crayon-lettered fan mail from an American boy: “Dear soldier,” it reads, “I hope you win and this is what I want you to do punch them and kick them and whack them with your gun and thorw boms [sic] at them and win!!!”

Stone admires the boy’s singular focus. It was his own obsession with victory, after all, that drove him to leave the military in 1978, just five years after graduating from the Naval Academy, to work as David Packard’s assistant at the fast-growing Hewlett-Packard. It was why he says he walked away from an IBM vice-presidency several years later to start his own small tech company, risking the mortgage on his California home in the process. And it was what led him to fly across the world last year to run a detention system no one else wanted to touch. Stone lives to win.

The boy’s letter also seems to doubt the logic of soft power brandished by an invading army. Stone himself brags that he has “a high tolerance, a very high tolerance” for killing. “Don’t get me wrong,” he says. “You have to have violence. The moderate mosques had extremist imams. Those extremist imams are now with Allah.”

Stone’s great innovation, however, is that the US and its allies must limit indiscriminate killings – and detainee mistreatment – as a matter of public diplomacy rather than principle. This theory is a military doctrine that offers rare common ground for human rights advocates and hard-nosed generals, and it is one Stone has been working on for a while.

In the 1990s, after he graduated from Stanford Graduate School of Business, and at the same time that he “bounced in and out of” several tech firms and acquired hundreds of acres of northern California’s wine country, Stone was working towards a doctorate in public administration at the University of Southern California. His dissertation is a study of international non-government networks, which he said would wield power by relying on “information operations and perception management … to attract rather than coerce”. By then a Lieutenant Colonel in the Marine Corps reserves, Stone received his doctorate two weeks before September 11. In the wake of those attacks, many American pundits stressed the importance of winning the “war of ideas”. The “terror war” would be fought “on the plane of theories, arguments, books, magazines, conferences, and lectures”, wrote the social historian and neo-conservative Paul Berman. “It was going to be a war about the ‘cultural influences’ that penetrate the Islamic mind … it was going to be, in the end, a war of persuasion.”

But all of that faded once attention turned to Iraq, and the US announced it would invade regardless of its ability to persuade. Military strategists turned their focus to kinetic battle tactics and the complexities of the Ba’athist hierarchy. Only after a full-blown insurgency had taken root and the crimes of Abu Ghraib had come to light did strategy discussions return to soft power. The military drafted a new counterinsurgency manual, and while it did not spell out detailed detention policies, it did emphasise the harms of wrongful detention, noting that in Algeria and in Northern Ireland, mass detentions had stoked the flames of local insurgencies.

At the time of the Iraq invasion, Stone was serving in Pakistan as deputy to General John Abizaid, Commander of US Central Command. It was in Pakistan that Stone began his self-described quest to understand “the Islamic mind”. In late 2006, when he heard that he would be in charge of detention policy in Iraq, he approached the RAND Corporation, a policy think tank, for ideas on detention. He left for Baghdad with a briefcase full of proposals to turn military detention from a liability into a “strategic asset”. He arrived in mid-May of 2007 to a detention camp in flames.

Riots had erupted in several compounds at Camp Bucca, where as many as 10,000 detainees were slinging rocks at the guards, tearing down their tents and using the canvas to feed the conflagration. The detainees donned signs that read “Death to American MPs” and threatened to storm the fence and kill their captors if their demands weren’t met.

Since Camp Bucca was built in 2003, riots have been commonplace. The staff holds leadership training in a room whose walls display photographs, masks and rock-trophies from previous uprisings. YouTube even features clips of Bucca’s early revolts. But the guards say they had never seen anything like the riot that broke out that May, and Stone, who had been brought in to clean up a mess, was hesitant to create another one. (An investigation was still under way into the events that led guards to shoot and kill four detainees to quell a riot that rocked five compounds in January 2005.) “We had a panic meeting here, and someone came up with the idea to electrify the fence. I mean, that’s where we were,” Stone says.

He gathered his leadership team and asked a basic question: why are they rioting? “Sir, they’re rioting because they believe that we’re holding them hostage,” a soldier responded.

A UN Security Council resolution authorises coalition forces to detain any person they deem an “imperative security threat”, which means that detention can be indefinite, and without charge. The US army emphasises that detainees are not technically prisoners – the Iraqi government holds another 25,000 men and women accused of, and sometimes charged with, insurgent and criminal activity – but the detainees live behind bars all the same. Few have been convicted of crimes, let alone been given a trial.

Stone launched several programmes to quell the detainees’ anger and, according to the military’s data, 2007 was a good year for Detainee Ops. Since Stone took charge, the number of significant acts of violence between detainees or against guards is down 80 per cent, in spite of a prison population that has doubled since “the surge” of US troops. Detainee recidivism rates from 2003 to 2006 ranged from 7 to 9 per cent. By contrast, since September 2007, coalition forces have released almost 8,000 men (just 14 of all coalition detainees are women), of whom, Stone says, only 24 have been recaptured – a recidivism rate of less than a quarter of 1 per cent.

Stone’s numbers, like data about the success of the surge, can be hard to read. One explanation for the reduction in recidivism is that there is simply less fight to return to outside the camp. Or perhaps the reduced recidivism rates point to a hardening of detainees: those who have been released may be better at evading capture, thanks to their time in detention, networking with expert insurgents.

But by most accounts, conditions in the camps have improved significantly in the last year. When I asked a UN human rights officer in Baghdad what he thought about the conditions of the US-run detention centres, he described them as “five-star”. A far bigger concern, he said, are the Iraqi prisons, where overcrowding and abuse are the norm for the approximately 25,000 convicts and detainees. Joanne Mariner, the terrorism and counter-terrorism programme director at Human Rights Watch, said Stone’s reforms are “not just a public relations campaign … it’s not taking you on the Potemkin village tour while they’re torturing people in the backroom, no”.

Or: it is a public relations campaign, and that’s the point. Better detainee treatment is by itself good information operations, just as mistreatment at Abu Ghraib was bad information operations that provided ideological ammo for a young insurgency. But if Stone’s programmes are a step in the right direction in terms of how the US treats its detainees in the so-called war on terror – and they seem to be – a dark cloud hangs over the project: occupation. It may not matter how well an invading army treats its prisoners, if it holds them for years on end – the average stay lasts 300 days – in the desert without trial.

A model tale of detention

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When families come to visit relatives who have been detained at either Camp Bucca or Camp Cropper they are given a cartoon picture book that explains the detention process through the story of “Ahmed”, a fictional detainee. The first frame shows a smiling brown figure sitting in the forest. The next frames show insurgents handing cash to Ahmed – and then an explosion occurs. Ahmed is next seen kneeling, handcuffed and blindfolded. Soldiers take him to Camp Cropper and the caption reads, “Ahmed receives a yellow uniform”. He is seen studying in class and working in a factory before his release. In the final frame, he is free again, and smiling.

Euphoric as it sounds, this is the way Task Force 134 was originally envisioned. Several policy planners say, off the record, that detention was always thought of as the cornerstone of a new civil society in Iraq. Because they suspected that the rule of law was corrupted under Saddam, American planners decided they would have to rebuild the country’s legal system from the ground up. Detention was seen as a good incubator for “rule of law programmes” – a training ground for Iraqi judges and lawyers, and thereby a means of manufacturing civil society.

None of that materialised. By the time the Abu Ghraib scandal broke in April 2004, detention was a shambles and cycles of rioting and repression were the norm. While Abu Ghraib provoked better oversight – at least of soldiers’ cameras – detention’s basic contours remained static, but the number of detainees was rising fast.

Less than a third of the detainees take part in the classes. But the number of detainees given access to job placement programmes is increasing, and before they leave detention, every detainee will have the option of going through the educational programmes designed by Stone’s team. This is, as Stone’s staff points out, basic corrections work. And yet, now that the programmes are in place amid a much-disputed occupation, they feel surreal.

In January this year, the guards at Camp Bucca held a ribbon-cutting ceremony for a school that was built with the help of the detainees. Before sharing a celebratory chai with the detainees, Sheikh Abdul Sattar, a contractor working for the coalition, told the pupils that the first word Mohammed received from God was “read”. “So you must do your best to learn everything, and if you are ignorant of something – shame, shame,” he said. The detainees were seated in neat rows, with armed guards standing alongside them, arms crossed, batons at hand.

This was a proud moment for Stone’s staff, and seemingly so for some of the detainees who had a hand in building the school. But was it a “win”? Stone seems to have increased the quality of life in the detention camps, and he appears to act within the bounds of international law, but doing so allows the military to avoid scrutiny about the tens of thousands of men detained without trial. It is astonishing, in fact, how little attention Camp Bucca has received.

When the surge in US troops began in early 2007, a key strategy seems to have been to scoop up huge numbers of Iraqis, causing the coalition’s prison population to double. To this day, says Joanne Mariner of Human Rights Watch, “the American default option remains detaining [all] military-age men who are located somewhere an operation or attack has taken place”. And while Stone has made basic improvements to the review procedure, including allowing detainees to be present for their hearings, there is still a heavy reliance on secret evidence to which the detainee has no access. Many of the detainees were brought in originally on a tip from someone who was probably feeding information to the Americans for political advantage. Says Mariner: “You may be detained based on secret testimony … but if you knew who [the accuser] was, you could say ‘that’s my personal enemy.’”

Detainee status is reviewed every six months, in what is known as a Multi-National Force Review Committee (MNFRC) review board. In a trailer at Camp Bucca, with track panelling and a generator grumbling outside, detainees are asked simple questions such as “do you know why you are here?” On a recent visit to three separate reviews, I saw soldiers on the board rifling through a file that the detainees could not see, whispering to each other, then asking questions that seemed designed to catch the detainee lying. When one detainee professed innocence, the members of the review board looked pained, and pointed to the file.

The board has three options for each detainee: release; continued detention; or continued detention with enrolment in educational classes, which signals a likelihood of eventual release. Stone says he is trying to process as many detainees as possible; already the MNFRC boards see an average of 160 cases a day. The goal, Stone says, is to get as many of the detainees into the educational programmes as possible, and he estimates that at least a quarter of the current detainees should be released as soon as they complete the education programmes. “If Gitmo [Guantanamo] is a bad example, and Afghanistan potentially a bad example, then the one thing we shouldn’t do is hold on to detainees,” he says.

Not everyone agrees. Prominent military analysts Max Boot and Bing West have suggested that the current detention levels are not high enough, given that Iraq has a lower incarceration rate than the US, despite being far more violent. Stone balked when asked about differences of opinion within the military establishment, but it is widely known that he has clashed with former Lieutenant General Raymond Odierno, who will soon take over from General David Petraeus as commanding general of Multi-National Forces in Iraq. Odierno is known for his brutal battle tactics – made notorious in Thomas Ricks’s 2006 book Fiasco – and he admits that, in the heat of the battle, his men have made mistakes as to who and how they detain. For almost a year, Odierno and Stone sat on opposite ends of the detention system, with Odierno in charge of who went in and Stone in charge of who went out. One side saw increased detention as a necessary short-term solution to insurgent violence (and perhaps a good way to finesse the surge’s numbers); the other side saw minimal detention as crucial to the occupation’s legitimacy.

The latter argument seems to have prevailed – General Petraeus recently announced that the US would significantly reduce the number of detainees it holds in Iraq. They are currently being released at a rate of 40 per day, while new detentions are made at about 25 a day. The military, meanwhile, has never defined “imminent security threat”, the UN standard required for detention. Other than Stone’s modest reforms, nothing seems to indicate rigorous due process. A document produced by a contractor of religious services in the detention centres suggests that the imams and psychologists working with detainees make recommendations to the MNFRC board based on three factors: whether a detainee presents “no security threat”, a “psychological threat” or an “ideological threat”.

But who constitutes an ideological threat – and how would you know?

How to “flip” a radical

Because Stone hopes to treat the root causes of the insurgency, incoming detainees are put through a week-long screening by psychologists, education specialists and imams. The detainees answer questions about their education, religious background and psychological state. Most questions are benign. Will he watch television? Does he smoke? “If he has a beard, it’s a data point,” Stone says.

Each compound has its own team of what Stone calls “sociological observers of behaviour” – contractors brought in to work with “counterinsurgency teams” who have infiltrated the compounds and who report back to Stone about the psychological, religious, class and tribal identities of the detainees. Stone is primarily looking for those he calls “the irreconcilables”, the radically ideological prisoners whom he says he cannot change. Once identified, these detainees are moved to a red or yellow compound so they do not “infect” the detainees in the green (moderate) compounds.

Stone says the best way to find out who is an extremist – or Takfir, as he calls them – is the religious discussion group. “It allows us to determine the guys that don’t really give a shit about the Koran in the first place – they’re using it as a discipline. Those guys are beginning to fall into the category of irreconcilables, and that’s helpful to me. I want to know who they are. They’re like rotten eggs, you know, hiding in the Easter basket. So we scoop them out,” he says, his hands raking through the air, “and what we see is a flattening” – a calm in the behaviour of the remaining detainees.

The Islamic discussion programme is headed by Sheikh Abdul Sattar, who works for Operational Support & Services, a subcontractor of Russian and East European Partnerships Inc., which specialises in “intercultural communications”. On leave from his Sunni mosque in Baghdad, Sheikh Sattar spent a recent afternoon sitting with a dozen detainees, answering questions about “offences”, deeds prohibited by the Koran. The discussion was run without guards. “Don’t let them deceive you,” Sattar told the students. “You should take from the mouth of Prophet Mohammed.”

For questions of religious interpretation, Stone’s staff has developed a directory of radical refrains, along with responses to each from what they say are moderate passages of text. The directory of moderate arguments was put together, Stone says with no small amount of pride, by “former al-Qaeda guys who now work for me,” because “they know the messages”.

Sattar and Stone are hoping to create what they call “moderate missiles”. When someone is identified as a cleric in training, the intelligence teams try to “flip” him. If he flips, Stone says, “I’ve got a moderate imam in the future.” Stone’s analysts estimate the average Iraqi has a social network of at least 100 people, which is comparatively quite dense – meaning that the stakes in a war of ideas are high. “I like talking to 24,000 people,” Stone says, “because 24,000 people will talk to 2.4 million people. That’s viral marketing. And viral marketing works.” He adds: “There are one billion in the Ummah [the Islamic diaspora] who are watching Baghdad.”

But that will be a tough sell. An October 2007 poll by the Pew organisation shows Muslims are increasingly hostile towards the US. And, as some officials acknowledge off the record, the US’s credibility to wage a war of persuasion is hamstrung by the presence of its army in Baghdad and what is seen as its general aggression towards Islam.

Khaled Abou El Fadl, a professor of Islamic law at the University of California, Los Angeles, notes that Egyptian Islamic scholars have not yet commented on Stone’s programmes, so their credibility among Islamic intellectuals is not yet in question. But once the news spreads, he says, “it will be just another powerful piece of evidence that this is an ideological war – that this is not about the threat of terrorism to the US, but about literally trying to create an Islam that is acceptable to certain power elites in the US or the west.”

Abou El Fadl notes that Osama bin Laden has said that the war of ideas is a modern, Judaeo-Christian crusade against Islam, and “frankly, when we do this, it starts sounding like he has a really good point.”

Back in his office, Stone hands over a sheaf of papers and says, “Here – there are two copies of this in the world.” It is the translation his team has just completed of what they claim to be the world’s most moderate Hadith – teachings of the Prophet Mohammed. “What if, at the end of the day, my guys go out and actually teach a moderate Hadith?” Stone asks. “Well they are – in two mosques!”

He adds: “Now, I can’t say where, ’cause they’d be killed.”

Jessica Stern, the academic director of the Programme on Terrorism and the Law at Harvard Law School, says Stone is relying too heavily on an unlikely example – Singapore, where “religious re-education” of some members of the radical group Jemaah Islamiyah “is reported to have been effective”. Singapore is utterly unlike Iraq, with the latter’s backdrop a contested military occupation. “The vast majority of insurgents in Iraq are not motivated by religious extremism,” Stern says. Stone’s own data confirms this, supporting competing theories about the motivations of so-called insurgents in Iraq. Some of the coalition’s detainees seem to be motivated by fanatical and corrupt interpretations of the Koran; an equal number – about a third – seem to be motivated by underemployment and poverty; some are forced into fighting by criminal gangs; and some – about a quarter of the detainees – are fighting to drive out a military occupier. This would suggest that a Koranic-centred programme would miss the mark for many of the detainees. But Major Matthew Morgan of Task Force 134 says that all of the detainees slated for release will have gone through the religious discussion programme, suggesting that the programme is practically a prerequisite for release. And those who are, in fact, motivated by Islam are considered “irreconcilable”, making them unlikely to be released.

When the Iraqis take over

What happens to the programmes, and the detainees, will depend on what the government of Iraq makes of them when it takes the reins. American control over detention expires after 2008, though a bilateral agreement between the US and Iraq is in development to extend that deadline. Meanwhile, Stone is training more than 2,000 Iraqi correctional officers at Bucca and Cropper, where 1,000 Iraqi guards already work. That is hardly enough to take over from the 9,000 men and women who work for Task Force 134 alongside nearly 600 contractors.

The process of handing over authority for the detainees to the Iraqi government offers an early glimpse of how difficult it will be for US forces to extricate themselves from the country. Manfred Nowak, the UN Special Rapporteur on Torture, says that the transfer of detainees to Iraqi control may be a violation of international law. Refoulement, or transferring people to places where they face a risk of torture, is prohibited by Article 3 of the Convention Against Torture, which the US has signed and ratified. The US has said that transferring people within country from a Multi-National Forces facility to an Iraqi facility would not fall under the non-refoulement principle, but Nowak says this legal interpretation “is definitely wrong”.

Meanwhile construction is under way in Ramadi and Taji for hybrid detention centres that will, as early as September, serve as halfway houses for detainees being put through the education programmes and released back into society. Stone says he hopes that by putting the detention centres closer to the battlefield, the forces making detentions will be more discriminating. But the same critiques of Camps Cropper – inadequate due process, ineffective and potentially offensive de-radicalisation methods – will still apply: in addition to education and job training, Stone’s plans suggest a “daily viewing of anti-sectarian, moderate media”, as a step in their reintegration with society; REEP Inc., the contractor running Stone’s religious programmes, just won a competitive contract for managing the re-integration programmes until 2010.

Robert Gates, the US secretary of defence, said in a recent speech that military success in Iraq is now “less a matter of imposing one’s will and more a function of shaping behaviour – of friends, adversaries and, most importantly, the people in between”.

But to critics of the Iraq war, this approach and Stone’s programmes in particular, are utterly marred by the occupation’s illegitimacy. Chalmers Johnson, a scholar of American empire and professor emeritus at the University of California, San Diego, told me that even “a glib general with a doctorate from USC” could not stop the inevitable unravelling of a huge military expeditionary force “in a country and a culture that none of our leaders has even an elementary familiarity with, to teach a version of Islam that serves our immediate political interests”.

Abou El Fadl, at UCLA, says that Stone ultimately belongs to a long tradition of “good, solid military men who found themselves doing something they’re not equipped to do at all”.

Stone remains the optimist: “Remember, I came out of Silicon Valley, where if you had a six-month lead on your competition, you win. You deprive them of cash, you have more cash … you get an installed base that’s bigger, you take their installed base away,” he says, using the financial term for operating system users.

“That’s thematically what I’m thinking about, you know,” he says, now jabbing his fingers at Pakistanis screaming on the cover of a news magazine. “How do I get this installed base to turn?”

………………………..

Andrew K. Woods is Hauser fellow and lecturer at the Harvard Law School human rights programme.

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Postscript

Since this interview was conducted Major General Douglas Stone has handed over command of Task Force 134 to Rear Admiral Garland P. Wright. Stone will get a third star and become head of Marine Forces Reserve and Marine Forces North later this year, based in New Orleans.

November 11th, 2008

Cohn: Obama Spells New Hope for Human Rights

Marjorie Cohn joins those suggesting what Obama should do to further human rights, going beyond torture and civil liberties. Here is the first of what she says will be a series of articles:

Obama Spells New Hope for Human Rights

By Marjorie Cohn

Celebrations of Barack Obama’s election as President of the United States erupted in countries around the world. From Europe to Africa to the Middle East, people were jubilant. After suffering though eight years of an administration that violated more human rights than any other in U.S. history, Obama spells hope for a new day.

While George W. Bush was President, I wrote Cowboy Republic: Six Ways the Bush Gang Has Defied the Law, which chronicled his war of aggression, policy of torture, illegal killings, unlawful Guantánamo detentions, and secret spying on Americans. When the book was published, it seemed unimaginable that we could elect a President who would turn those policies around. But the election of Obama holds that potential.

This is the first in a series of articles in which I will suggest how the Obama administration can start undoing some of the damage Bush wrought, by ratifying three of the major human rights treaties and the Rome Statute for the International Criminal Court.

Although the U.S. government frequently criticizes other countries for their human rights transgressions, the United States has been one of the most flagrant violators. We have refused to ratify the International Covenant on Economic, Social and Cultural Rights (ICESCR); the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW); and the Convention on the Rights of the Child (CRC). And while the United States worked with other countries for 50 years to create the International Criminal Court, it has failed to ratify that treaty as well. When we ratify a treaty, it becomes part of U.S. law under the Supremacy Clause of the Constitution.

In this article, I will explain why the United States should ratify the ICESCR, which is particularly relevant now that we are in the midst of the most serious economic crisis since the Great Depression.

In 1941, President Franklin D. Roosevelt, whose New Deal helped lift us out of the Depression, gave his famous Four Freedoms Speech, focused on freedom of speech and expression, freedom to worship, freedom from want, and freedom from fear. Roosevelt fleshed out the freedom from want and fear principles in his Economic Bill of Rights. It contained equality of opportunity, the right to a job and a decent wage, the end of special privileges for the few, universal civil liberties, and guaranteed old-age pensions, unemployment insurance and medical care.

FDR’s bill of rights formed the basis for the Universal Declaration of Human Rights, which Eleanor Roosevelt helped draft, and which the U.N. General Assembly adopted in 1949. The Declaration embraced two types of human rights: civil and political rights on the one hand; and economic, social and cultural rights on the other.

These rights were codified in two binding treaties: the International Covenant on Civil and Political Rights (ICCPR), and the International Covenant on Economic, Social and Cultural Rights (ICESCR).

The United States ratified the ICCPR in 1992. But it has refused to commit itself to the protection of economic, social and cultural rights. Since the Reagan administration, there has been a policy to define human rights in terms of civil and political rights, but to dismiss economic, social and cultural rights as akin to social welfare, or socialism.

Indeed, the United States’ inhumane policy toward Cuba exemplifies this dichotomy. The U.S. government has criticized civil and political rights in Cuba while disregarding Cubans’ superior access to universal housing, health care, education and public accommodations, and its guarantee of paid maternity leave and equal pay rates.

The refusal to enshrine rights such as employment, education, food, housing, and health care in U.S. law is the reason the United States has not ratified the ICESCR. This treaty contains the right to work in just and favorable conditions, to an adequate standard of living, to the highest attainable standards of physical and mental health, to education, to housing, and to enjoyment of the benefits of cultural freedom and scientific progress. It also guarantees equal rights for men and women, the right to work, the right to form and join trade unions, the right to social security and social insurance, and protection and assistance to the family.

In the United States, more than 10 million people are unemployed, 2 to 3 million families are homeless each year, and 46 million have no health care benefits. Untold numbers lost their retirement savings when the stock market crashed. Obama has pledged to give the rebuilding of our economy top priority after he is sworn in as President. He promised to create jobs and to ensure that all Americans are covered by health insurance. When Obama said he would cut taxes for 95 percent of the people but end the tax cuts for the rich, he was criticized for wanting to “spread the wealth.” But Obama’s plan is fully consistent with our progressive income tax system. After the election, 15,000 physicians called for a single-payer health care plan, which Obama and Congress should seriously consider.

The United States’ flouting of the United Nations in its unilateral war on Iraq, and torture of prisoners in Afghanistan, Guantánamo Bay, Cuba, and Iraq, has engendered widespread condemnation in the international community. Yale Law School Dean Harold Koh, citing Professor Louis Henkin, summarized the hypocrisy of the United States in the area of human rights as follows: “In the cathedral of human rights, the U.S. is more like a flying buttress than a pillar – choosing to stand outside the international structure supporting the international human rights system but without being willing to subject its own conduct to the scrutiny of the system.”

We should encourage President Obama to send the ICESCR to the Senate for advice and consent to ratification. Becoming a party to that treaty will help not only the people in this country; it will also engender respect for the United States around the world.

November 11th, 2008

Human rights groups to Europe: Accept Guantanamo detainees

One of the major problems in closing Guantanamo is that no one will take many of the detainees who the U.S. admits are not a danger but who are in danger if they are sent back home. A coalition of human rights groups has asked European countries to take and care for these individuals:

Human Rights Groups Call on European Governments to Offer Humanitarian Protection to Guantanamo Detainees

(Berlin, November 10, 2008) — Five leading human rights groups today call on European governments to provide humanitarian protection to Guantánamo detainees who will not be charged with any crime but cannot be returned to their countries of origin for fear of torture or other serious human rights violations. European governments should agree to accept them into their countries and ensure they are provided with adequate support.

Amnesty International, the Center for Constitutional Rights, Human Rights Watch, Reprieve and the International Federation for Human Rights urge governments to work with the new US administration to take this important step in order to facilitate the closure of the detention facility at Guantánamo.

“We must find a solution to the 50 men imprisoned at Guantánamo simply because they have nowhere to go,” said Emi MacLean, Staff Attorney at the Center for Constitutional Rights. “The US government has twice previously tried to send our client, Abdul Ra’ouf Al Qassim to Libya even though it is undisputed that he would likely be tortured, or disappeared into Libyan jails, if returned. His survival depends on the simple humanitarian gesture of another country opening their doors to him.”

“Everyone appears to rightly agree that Guantánamo must be closed, and President-elect Obama has said that he will close it,” said Daniel Gorevan, Counter Terror with Justice Campaign Manager at Amnesty International. “Clearly, other governments can help make this happen by offering protection to individuals who cannot be released to their own countries. This would have a double effect: helping to end the ordeal of an individual unlawfully held in violation of his human rights, and helping end the international human rights scandal that is Guantánamo.”

“This is a key opportunity for both sides of the Atlantic to move beyond the misguided acts of the ‘war on terror’: rendition, secret detention, and torture,” said Cori Crider, Staff Attorney at Reprieve.  “President-elect Obama says he will close Guantánamo — the question is when and how. One of Reprieve’s clients was sent back to Tunisia, drugged, hit, and threatened with the rape of his wife and daughter. Another is fighting, even now, to stay in Guantánamo because Tunisia threatened him with ‘water torture in the barrel.’ The US still asserts total authority to send him back. Europe can send a powerful message by reaching out to Obama and providing a safe alternative for these few people.”

“President-elect Obama has committed to closing Guantánamo, but he is going to need Europe’s help,” said Joanne Mariner, Terrorism and Counterterrorism Director at Human Rights Watch. “European governments could provide much-needed assistance by agreeing to take in some of the detainees who cannot be sent back home.”

“FIDH and CCR mobilised 77 members of the European Parliament who issued a joint call to EU member States to offer relocation for Guantanamo detainees. As an important strategic partner of the US, the EU should help the Administration relocate these men,” said Souhayr Belhassen, FIDH President.

Background

It is the primary responsibility of the United States to find solutions for all those held at Guantánamo, as it was the USA that brought them to the detention facility and is holding them there unlawfully. If the USA is not planning to charge and try them in ordinary US courts, and cannot release them to their own countries safely, it should immediately offer them an opportunity to be released into the USA.

It is also clear, however, that governments in Europe and elsewhere can and should play a vital role in providing such individuals with humanitarian protection in the form of a safe place to get on with their lives after years of suffering. The involvement of European governments will be instrumental in reaching a solution to this problem — a solution that is critical to the international aim of closing Guantánamo.

Around 50 of the detainees currently held in Guantánamo cannot lawfully be sent back to their countries of origin because they would face a real risk of human rights violations such as torture or other ill-treatment. They come from countries including China, Libya, Russia, Tunisia, and Uzbekistan.

The human rights groups made their call after a two-day closed strategic workshop in Berlin, convened by the NGOs with other international actors active on the issue of humanitarian protection.

Statements of Support from International Actors

“We are at a critical juncture. It is now possible to anticipate the closing of Guantanamo, the end to the US practice of executive detention, and the re-affirmation of fundamental human rights principles, including the prohibition of torture in all circumstances. But European engagement and support will be essential to get there. One step that European governments should take is to accept into their borders the small number of men at Guantanamo who cannot be repatriated safely. Guantanamo cannot be closed until these men have a country which will accept them, and where their lives and liberty are not in jeopardy.”
Manfred Nowak, UN Special Rapporteur on Torture

“I urge European governments to open their doors to a small number of men who fear persecution or torture if transferred to their home countries. Such assistance is both the right thing to do, and of critical importance in our attempts to push for the immediate closure of Guantanamo Bay.”
Thomas Hammerberg, Human Rights Commissioner of the Council of Europe

“The efforts must be renewed now with European governments and the U.S. government working to close Guantanamo and offer protection to those unable to be returned safely to their own countries.  The efforts of human rights NGOs are coming at the best moment, in order to use the next months in the most positive way.”
Anne-Marie Lizin, Special Representative on Guantanamo for the Parliamentary Assembly of the Organization for Security and Cooperation in Europe (OSCE), and Vice-President of the Parliamentary Assembly of the OSCE.

November 11th, 2008

Change or continuity in intelligence policy?

The Wall Street Journal has a depressing story. Among the thoughts in here:

The new president could take a similar approach to revising the rules for CIA interrogations, said one current government official familiar with the transition. Upon review, Mr. Obama may decide he wants to keep the road open in certain cases for the CIA to use techniques not approved by the military, but with much greater oversight.

Let’s hope they’re totally wrong:

Intelligence Policy to Stay Largely Intact

By Siobhan Gorman

WASHINGTON — President-elect Barack Obama is unlikely to radically overhaul controversial Bush administration intelligence policies, advisers say, an approach that is almost certain to create tension within the Democratic Party.

Civil-liberties groups were among those outraged that the White House sanctioned the use of harsh intelligence techniques — which some consider torture — by the Central Intelligence Agency, and expanded domestic spy powers. These groups are demanding quick action to reverse these policies.

Mr. Obama is being advised largely by a group of intelligence professionals, including some who have supported Republicans, and centrist former officials in the Clinton administration. They say he is likely to fill key intelligence posts with pragmatists.

“He’s going to take a very centrist approach to these issues,” said Roger Cressey, a former counterterrorism official in the Clinton and Bush administrations. “Whenever an administration swings too far on the spectrum left or right, we end up getting ourselves in big trouble.”

On the campaign trail, Mr. Obama criticized many of President George W. Bush’s counterterrorism policies. He condemned Mr. Bush for promoting “excessive secrecy, indefinite detention, warrantless wiretapping and ‘enhanced interrogation techniques’ like simulated drowning that qualify as torture through any careful measure of the law or appeal to human decency.”

As a candidate, Mr. Obama said the CIA’s interrogation program should adhere to the same rules that apply to the military, which would prohibit the use of techniques such as waterboarding. He has also said the program should be investigated.

Yet he more recently voted for a White House-backed law to expand eavesdropping powers for the National Security Agency. Mr. Obama said he opposed providing legal immunity to telecommunications companies that aided warrantless surveillance, but ultimately voted for the bill, which included an immunity provision.

The new president could take a similar approach to revising the rules for CIA interrogations, said one current government official familiar with the transition. Upon review, Mr. Obama may decide he wants to keep the road open in certain cases for the CIA to use techniques not approved by the military, but with much greater oversight.

The intelligence-transition team is led by former National Counterterrorism Center chief John Brennan and former CIA intelligence-analysis director Jami Miscik, say officials close to the matter. Mr. Brennan is viewed as a potential candidate for a top intelligence post. Ms. Miscik left amid a slew of departures from the CIA under then-Director Porter Goss.

Advisers caution that few decisions will be made until the team gets a better picture of how the Bush administration actually goes about gathering intelligence, including covert programs, and there could be a greater shift after a full review.

The Obama team plans to review secret and public executive orders and recent Justice Department guidelines that eased restrictions on domestic intelligence collection. “They’ll be looking at existing executive orders, then making sure from Jan. 20 on there’s going to be appropriate executive-branch oversight of intelligence functions,” Mr. Brennan said in an interview shortly before Election Day.

The early transition effort is winning praise from moderate Democrats. “He’s surrounded himself with excellent people — an excellent bipartisan group,” said Rep. Jane Harman, a California Democrat who is chairwoman of the House homeland-security subcommittee on intelligence.

Civil-liberties and human-rights advocates, who helped Mr. Obama win election, are seeking both a reversal of Bush administration policies and expanded investigations into possible illegal actions when the administration sought to track down terrorists after the attacks of Sept. 11, 2001.

“We need to understand what happened,” said Caroline Fredrickson, director of the American Civil Liberties Union’s Washington office.

Most of those being discussed as candidates for director of national intelligence and director of the CIA have staked out a middle ground between safeguarding civil liberties and aggressively pursuing nontraditional adversaries.

Mr. Brennan is a leading contender for one of the two jobs, say some advisers. He declined to comment on personnel matters. Gen. James L. Jones, a former North Atlantic Treaty Organization commander; Thomas Fingar, the chief of analysis for the intelligence director; Joan A. Dempsey, who served in top intelligence and Pentagon posts; former Rep. Tim Roemer of Indiana, who served on the 9/11 Commission; and Ms. Harman have also been mentioned. Ms. Harman has also been cited as a potential secretary of homeland security.

“I’m very flattered that some folks somewhere think I would be qualified for a number of positions,” she said. “But I’m also looking forward to an eighth term in Congress working on many of these issues.”

None of the others could be reached for comment.

Another option for Mr. Obama would be to retain current intelligence Director Mike McConnell, who has said he would stay on for a reasonable time until a successor is named. CIA Director Michael V. Hayden also is open to considering an extension of his time in office, according to a senior intelligence official.

However, Mr. Obama voted against Mr. Hayden’s nomination as CIA director to signal his frustration with the administration’s warrantless-surveillance program, which Mr. Hayden helped launch as National Security Agency director.

November 11th, 2008

For fun

For cat lovers:

[H/t Andrew Sullivan.]

November 11th, 2008

Closing Guantanamo, plus…

Meteor Blades at Daily Kos says:

Closing Guantanamo Would Be a Good Start, But …

By Meteor Blades

It’s dead certain that Barack Obama will not close Guantánamo Bay on “Day One” as the American Civil Liberties Union and other groups are pressing him to do. Unless the effort to shut down the detention center there began right now with the Cheney-Bush administration’s assistance, it would be logistically impossible. Who would be released, and where to? Who would be tried, and in what venue, under what rules? It does appears from news reports, however, that a freshly inaugurated President Obama may well give the order to close the center on his first day in office. That would be one more reason to cheer on January 20.

But Gitmo is only the most high-profile of the prisons set up to hold suspected terrorists after the 2001 attacks. And while it is essential that the restoration of the rule of law include emptying the cells on that portion of permanently leased Cuban soil, there is, as I argued Sunday in Dear President-Elect Obama, far more to do than merely close Gitmo. Other prisons, including the one in Bagram, Afghanistan, which is considered by many observers to be worse than Guantánamo, should be on the table, too. Plus the secret prisons in Thailand, Morocco, and possibly Diego Garcia. Are they empty, as claimed? And what about rendition, that euphemism for political kidnapping, behavior that would have Americans demanding a declaration of war if any government sent its agents to do it in the United States? What will be done with that?

For the moment, however, Guantánamo appears to be all that’s on the table. The Associated Press reports that the President-Elect’s team is moving quickly to set up a means of dealing with the estimated 250 detainees at the detention center:

Under the plan being drawn up by Obama’s advisers, some detainees would be released and others would be charged in U.S. courts, where they would receive constitutional rights and open trials. But, underscoring the difficult decisions Obama must make to fulfill his pledge of shutting down Guantanamo, the plan could require creation of a new legal system to handle the classified information inherent in some of the most sensitive cases. …

Advisers participating directly in the planning spoke on condition of anonymity because the plans are not final.

“The plan could require creation of a new legal system…” Require? It should come as no surprise that this might be the approach of the Obama administration. As Senator, Obama voted against the obscene Military Commissions Act two years ago, and noted in a putdown of the proposed law:

I’ve heard, for example, the argument that it should be military courts, and not federal judges, who should make decisions on these detainees. I actually agree with that. The problem is that the structure of the military proceedings has been poorly thought through. Indeed, the regulations that are supposed to be governing administrative hearings for these detainees, which should have been issued months ago, still haven’t been issued. Instead, we have rushed through a bill that stands a good chance of being challenged once again in the Supreme Court.

Sure enough, the Court ruled last summer in Boumediene v. Bush that the MCA unconstitutionally suspended habeas corpus for the detainees. That marked the fourth case in which the Supreme Court made mincemeat of the Cheney-Bush administration’s efforts to make the detainees unpersons in a supposedly jurisdictionless bit of real estate fully operated but not owned by the United States.

Some critics, include me among them, see no reason to establish a new legal system to deal with the detainees.

“I think that creating a new alternative court system in response to the abject failure of Guantánamo would be a profound mistake,” Jonathan Hafetz, an American Civil Liberties Union attorney who represents detainees, said Monday. “We do not need a new court system. The last eight years are a testament to the problems of trying to create new systems.”

Glenn Greenwald interviewed ACLU Executive Director Anthony Romero today. Much of the interview was about Guantánamo and trials of the detainees. It’s worth clicking through to read the whole interview. Here’s an excerpt:

Now, let me ask you specifically about closing Guantanamo, because that I do think is probably most conducive to being done through unilateral presidential action, since it was done in the first place…

AR: Shut it down, and shut down the military commissions, because it won’t be good enough if you shut down Guantanamo, and then transfer the detainees and charge them under these trials, and use the same screwed-up rules of the military commission at Fort Bragg or Fort Myers or anywhere else. You’ve got to shut down the existing military commissions as well.

GG: Let me ask you about a couple criticisms that are going to be raised quite loudly in the event that he doesn’t come to do that. One of which I think is easily dispensed with that I’m interested in your response, which is, that we simply transfer several hundred highly complex cases to the federal judiciary, that it’s going to overwhelm administratively the courts which are already overburdened and crowd out the ability of other defendants and certainly civil litigants to be heard in the federal court. What’s your response to that?

AR: Well, I think we have very smart administrators in the federal system who can find a way to deal with them and divide them up among the different circuits, making sure that those who have comparable facts and arguments can be dispensed with as a group. And look, the legal system shouldn’t be quick or easy. We’re talking about people’s most fundamental liberties, and the fact is court and judges and trials take time. And that’s because the stakes are so high. I don’t want a quick dirty system that dispenses with people’s rights in a too expedient and a too quick a manner.

The fact is, the government is going to have to bear the burden of proof. Can you try these individuals in a criminal court, or a military commission under the Uniform Code of Military Justice, and come forward with the proof that will stand up in courts of law that are governed by the Constitution, and if it can’t, you’ve got to release them. That’s our system. The burden of proof is on the government if you’re going to take away someone’s most fundamental right of freedom and liberty, to show the proof and to demonstrate it to a neutral and an objective judge, and possibly a jury, if it’s a criminal case, a jury of one’s peers, beyond a reasonable doubt. That is the law.

What the Military Commissions Act did was to rewrite the rules of that law. And so, I think frankly the burden is on the government, and it’s had eight years to collect the information on these guys, and if they don’t have it now, they probably ain’t going to have it in the next two or three years. So you’ve got to bite the bullet and if you don’t have the evidence to prosecute them in good American courts of law governed by the Constitution, then the solution is to let them go.

Whatever the differences we progressives may have over resolving this matter, what a joy finally to be discussing the proper way to correct this grotesque violation of human and civil rights carried out in our names.

November 11th, 2008


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