A collage of images, featuring most prominently a person holding a sign reading "no justice no peace"

Category: International

Duties / Economics / International / Migration / Old Blog

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Migrant Domestic Workers in Lebanon: An unjust system, how should individuals act?

In Lebanon the law covering the work of migrant domestic workers (MDWs) is deeply unjust. The situation of MDWs in Lebanon and the Middle East has been described to be a “little better than slavery”. That the law and practice should be reformed is clear. Whether this will happen any time in the near future is much less clear. What I want to focus on in this blog post is the question of how individuals who object to the law and practice should act.
A brief background: There are an estimated 200,000 MDWs employed by Lebanese families. The vast majority are women from Sri Lanka, Ethiopia, the Philippines and Nepal. MDWs are employed on short-term contracts. They are admitted into Lebanon on work visas that link them to a specific employer (a sponsor) and obliges them to live at the home of their employer. Their contracts are not covered by Lebanese labour law. This means they are excluded from entitlement to the Lebanese minimum wage guarantees, maximum number of working hours, vacation days and any compensation for unfair termination of contract. The contracts the migrants sign in their home countries with recruitment agencies are not recognized in Lebanon. Upon arrival they sign a contractual agreement (in Arabic), binding them to a specific employer (sponsor) often with different terms than the contract they signed home. The fact that their stay in the country is tied to their employer means they have practically no room for negotiating the terms of the contract. The government has recently imposed a standard contract for employing MDWs but it is far from being fairand is in any case poorly enforced. The facts are that there is a high incidence of abuse against MDWs. This ranges from “mistreatment by recruiters, non-payment or delayed payment of wages, forced confinement to the workplace, a refusal to provide any time off for the worker, forced labor, and verbal and physical abuse”. 
                                                       Source: Al-Akhbar (http://english.al-akhbar.com/node/18752)
The question: International organizations and more recently local NGOshave been advocating and proposing reforms. Meanwhile, what should individuals do?  They should take a clear stance in favor of the reforms, support NGO initiatives and awareness campaigns and combat attitudes of racism. That much seems obvious. A more difficult question, I find, is whether individuals ought to
  (A) refrain from employing MDWs as long as the practice is unjust; or 
  (B) employ MDWs while individually applying the terms and conditions that a fair law would  require.
On reason in favor of (A) is that employing MDWs counts as contributing to sustaining an unjust practice. One can easily avoid participating in the system as there is no sense in which refraining from employing an MDW imposes an unreasonable cost on individuals. Additionally, even if one could improve the conditions through individual arrangements with the MDW herself/himself (the vast majority of MDWs in Lebanon are women), one has no control over the other dehumanizing factors starting with the recruitment procedures in their home countries. Moreover, it is not only the contractual framework that is unjust. The justice system offers little protection, and a biased media and widespread racism make it the case that MDWs are highly vulnerable to mistreatment and abuse. I find this position rather convincing, but I also have the worry that it seems to be the easy way out.
I also think there are strong arguments in favour of (B). One can point out that the vast majority of MDWs migrate to escape severe poverty and send most of their earnings back home (remittances were estimated at $90million dollars in the first half of 2009; and remittances make up a high shareof the GDP of some countries).[1]Surely, it is better to offer them employment under fair conditions, notwithstanding the objections above, especially when noting that they are going to seek employment in Lebanon anyhow? The difficulty with this line of argument, however, lies in the host of tricky questions it raises. To mention only some, should one ensure that her prospective employee was not coerced (or misinformed) into taking up the job in her home country?  If so, when does the cost of doing so become unreasonable? What counts for a fair wage and working conditions? Is that the country’s minimum wage? What if someone cannot afford paying the fair wage? Does that mean one should opt for (A)?
These questions raise a difficulty for the following reason: if the rationale behind choosing (B) over (A) is that (B) improves on some person’s conditions and as such reduces the harm whereas (A) merely allows the harm to happen, then any improvement on the current conditions, no matter how small, would justify (B). This seems problematic. My intuition, is that one should try to maximally provide what ideal conditions would require. Take the example of wages for instance. I am assuming that determining what counts as a fair wage, whether equal or higher than the minimum wage, is not very complicated. Now, if the ideal wage exceeds what one is willing to pay for the service of an MDW, then one should not necessarily opt for (A) but rather pay the maximum amount beyond which the service is no longer attractive. This would imply, I presume, that people with higher incomes should pay higher wages. The assumption here, of course, is that individuals are genuinely interested in making the right ethical choice.
I am not sure I can fully defend the above intuition. Therefore, I would like to hear your views on this. I find the choice between (A) and (B) difficult, and this is a dilemma faced by many friends and family members home.
 
[1] Still trying to find more recent figures!

International / Migration / Old Blog

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Which way will Europe go in May 2014? Is free-movement the key to the elections and a just Europe?

In the aftermath of the euro-crisis, there is an increased awareness (both in the hallways of the EU parliament and amongst the citizens of Europe) that what is most needed is some type of political union. It is my contention that the greatest threat to such a political union and any sense of solidarity between the many people and nations that make up Europe is the attack on free movement that first arose from several national right-wing parties. Preventing free movement is a top priority for all these parties: Marie Le Pen’s National Front in France, UK’s UKIP Party, Geert Wilder’s PVV party in the Netherlands, Norway’s Defense League, Sweden’s Democrats, Hungary’s Justice and Life Party, Bulgaria’s Attack Party, Austria’s Freedom Party, the Greek neo-fascist Golden Dawn party, Germany’s new anti-euro party (AfD), and closer to home the Flemish NVA Party led by Bart de Wever. All are expected to have record high turnout in May 2014; several are also trying to join forces to form an anti-European and anti-migration coalition. Their rhetoric that the euro-crisis and the rising unemployment figures are all due to the free-movement policies is immensely successful, so much so that it is being adopted by many more center and left-leaning parties. Within Europe, their discourse attacks the most recent members of the EU, those from Bulgaria and Romania. From beyond the borders of the EU, their discourse is one of a defense of the so-called Judeo-Christian tradition that grounds Western and European civilization. Tragically, both of these positions often boils down to a form of Islamophobia as the implicit assumption is that free-movement has allowed for Muslims (the Jews of the 21st century) to invade Europe. This point is even more acute this week with Monday being International Holocaust Remembrance Day.
If they have their way in May 2014, Europe will shift so far to the right that it will, like Humpty Dumpty, have a great big fall. The solution is that the voting public needs to realize that immigrants, and

third-party nationals, are the solution and not the problem. Here are three reasons why Europe needs to further open the borders, rather than further restrict movement.

  
    1.     The economic expense of restricting free movement is excessive. David Cameron, among other leading European politicians, is trying to keep this evidence from the public until after the elections. It is not only a historical truth that Europe could not have survived without immigration; it is the current economic reality of all major European nations as demonstrated by Phillipe Legrain (LSE). The other economic cost is the rising budget of Frontex, the EU’s border management agency. While it’s official budget was only €86 million (in 2013), this is only the administrative costs as all the equipment costs (which are well into the billions) are taken directly from the national budgets of the poorest European countries (who are required by EU policy) to ‘control’ their borders.
2.     The ethical price is too high to pay. As Nina Perkowski documents there have been almost 20 000 deaths from those trying to get into Fortress Europe. This scandalous number does not include the many, including the elderly, children and pregnant women, who have been seriously injured, imprisoned or exiled all for wanting nothing more than a better life for themselves or their loved ones.  
3.     The controlling of these borders, especially as implemented by Frontex since Eurosur (a pan-European surveillance system) went live in December of 2013, has broken many basic human rights and thus blatantly ignored the Charter of Fundamental Rights of the European Union. These include the overcrowded and unhygienic conditions in supposedly temporary prison cells, the ‘alleged’ use of torture, etc. 
(for the interactive map see: http://frontex.europa.eu/trends-and-routes/migratory-routes-map)
If the above three reasons to open Europe’s borders don’t convince you, perhaps the political or pragmatic truth will. As long as pro-European parties continue to adopt the anti-immigration rhetoric of the right and deny the importance of open borders, there is very little hope of either economic or political solidarity in Europe. Political solidarity in a democratic and just polity cannot be constructed upon a Schmittian friend/enemy distinction; the ‘us’ cannot only exist as long as there is a ‘them’ to define it.
What do you think? What way will Europe go? Is there another issue that you think will be more pivotal than free movement?

Distribution / Economics / International / Old Blog

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Ethical trading as profit sharing: An alternative perspective on the terms of international market transactions

The increase in cross-border trade around the world during recent decades has been accompanied by a growing concern with the terms under which international market transactions occur. The claim that these terms are often morally problematic has come to play a prominent role in theoretical debates as well as in political initiatives such as the Fairtrade movement. While it is not always clear what the exact normative basis for this claim is taken to be, defenses most commonly focus on the low absolutelevels of welfare enjoyed by trading parties in developing countries. My aim in this contribution is to suggest that this focus tends to ignore what appears to be a justified independent concern with the relativedistribution of the economic benefits that result from international market transactions.
According to what appears to be the predominant perspective, the terms of international market transactions are morally problematic if they leave one of the trading parties badly off in certain absolute terms – for example, if the price that producers of coffee or other agricultural commodities are being offered is insufficient to provide for even their basic needs. Common as it is, this perspective faces a well-rehearsed objection. First, badly off as a party may be in absolute terms, she typically derives an economic benefit from the transaction; and second, it is not obvious why the mere act of engaging in a mutually beneficial exchange with a party that happens to be badly off should be taken to give rise to a particular (role-specific) responsibility for that party’s absolute level of welfare.
For the present purpose, I am going to set aside the question of whether this objection is successful or whether transacting parties can indeed be held responsible for each other’s absolute welfare. Instead, I am going to present an alternative perspective on the evaluation of the terms of market transactions that is immune to the mentioned objection and that seems to be neglected in current debates. According to this perspective, trading parties have a responsibility to transact at a price that ensures that each of them receive a fair share of the economic benefits that result from a transaction.
In rough terms, the argument in support of this view takes the following shape. International market transactions represent a form of mutually advantageous cooperation: they are typically beneficial for both parties involved, and the realization of each party’s benefit depends on the other party’s material contribution to the exchange. At the same time, trading parties generally face a range of possible mutually advantageous prices. The limits of this range are defined by the respective price at which an exchange would cease to be beneficial to each party, such that the choice of the price at which the transaction ultimately takes place determines the size of the benefit that each party derives from the transaction. Given the cooperative character of market transactions, parties ought to be disposed to transact at a price that ensures a fair amount of benefit to each of them.
This second perspective imposes clear constraints on the morally permissible terms of international market transactions even if we assume that parties have no responsibility for each other’s absolute welfare. In one way, the demand of a fair distribution of transactional benefits is more limited than the initial perspective described above. Conceptually, the demand is constrained by the range of mutually advantageous prices in a given situation, and it may well be that no price on this range is sufficient to fully provide for a party’s basic needs. There is another way, however, in which fairness in the distribution of transactional benefits is significantly more demanding. According to the first perspective, there would appear to be no moral constraint on the profit that a party may make as a result of a transaction above and beyond what is required to guarantee that each party enjoys the relevant absolute level of welfare. To stay with the example, provided that her foreign suppliers are sufficiently well-off, a European coffee importer would be morally free to make whatever profit she is able to obtain in the market. Any such profit, however, is a reflection of the price at which the initial transaction took place and thus subject to a fair distribution of transactional benefits. Following the perspective I have described, then, rather than focusing on absolute levels of welfare, we should think about ethical trading in terms of profit sharing.

Duties / International / Old Blog / Punishment / Rights

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Should Snowden go back to America?

Source: Wikimedia Commons http://en.wikipedia.org/wiki/File:Edward_Snowden-2.jpg  

“Mr Snowden violated US law. He should return to the US and face justice,” argued a senior White House advisor. That attitude reflects the reaction of many in the American and British security establishment to Snowden’s leaking of classified documents detailing the mass surveillance programs of the US and British governments. Currently Snowden has temporary asylum in Russia, which is due to expire at the end of July 2014 (though I’m still hoping Germany might do the right thing and offer him asylum). There are however I think broadly three reasons that could be given for why Snowden should instead go back to America and face trial, only one of which has I think has some plausibility, though I think its overridden by other considerations.
First, some might argue that Snowden should go back and face trial because he harmed national security. This is the kind of argument made by the security services themselves and their political allies. The head of Britain’s MI6 for example said that the UK’s enemies were “rubbing their hands with glee” at Snowden’s revelations about spying practices. I think this kind of argument is entirely wrong. Not only should we be sceptical that national security, as it conceived by the US and UK authorities, is something to be protected. But as Glenn Greenwald shows in his excellent replies to this BBC interview the supposed harm done to national security is unproven, and most likely untrue. ‘Terrorist’ groups for example already know that everything they do is subject to intense monitoring by the security services. It is also an attempt to distract from how these surveillance programs have invaded the privacy of innocent people. Furthermore, we should always question official claims of harm done to national security if those same officials deny the public access to the information required to evaluate those claims.

Glenn Greenwald on BBC Newsnight
A second kind of argument doesn’t claim that Snowden did anything wrong but argues that if you carry out an act of civil disobedience you should be prepared to bear the legal consequences of it. It is often thought that even if breaking an individual law (such as leaking classified documents) can be justified for conscientious reasons, you are still have an obligation to the overall legal and political system. This means that you should stand trial as a way to show both your disagreement with the specific law and your commitment to that system. But as Kimberley Brownlee points out it is not clear that willingness to accept punishment is really an essential part of civil disobedience. In many cases of civil disobedience there does not seem to be any obligation to the overall legal and political system because that system is so unjust. This is definitely true of the US during the period of the civil rights movement (often thought a defining case of civil disobedience) and it is, I would argue, still true of the US today. The enormous levels of economic inequality, the extensive and institutionalised racial and gender injustices, and the military and economic actions of the US across the world, mean that citizens (such as Snowden) do not I think have an obligation to the US legal and political system.
A more plausible version of the previous argument is that Snowden should go back because this makes it more likely that people will take his views more seriously and challenge the surveillance programs of the state. This is essentially a strategic argument about what is most likely to convince people. A frequent reaction in the American press has for example to point to Snowden’s supposed ‘hypocrisy’ in asking for asylum from an authoritarian regime like Russia (it is frequently forgotten that Snowden was forced to stay in Russia because the US withdrew his passport). Returning to America, it could be argued, would make it easier to counteract this kind of argument and make the case against state surveillance.

While I think this is the most plausible argument (because we desperately need a campaign against the surveillance of the state) I don’t think its decisive. Its not clear to me that if Snowden would go back that it would make that much difference to the debate. There is an enmeshed security and media establishment in the US (and the UK) that is dedicated to the destruction of his credibility. Furthermore we have to consider how terribly the US has treated other similar whistle-blowers, such as Chelsea Manning. She was subjected to 11 months of solitary confinement, which the UN special rapporteur on torture described as “cruel, inhuman and degrading treatment” that “could constitute torture”, and she has now been sentenced to 35 years in prison. Given that Snowden could expect similar treatment I think he is justified in staying as far away as he can.

Democracy / Governance / International / Old Blog / Rights

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Should the UK be granted a referendum on membership in the European Union?

My answer to the question posed in the thread title is a ncaa tentative ‘no’.  My answer is tentative partly because I usually bestow considerable value on democratic choice and partly because I remain worried that my natural negative reaction to all Tory policy might cloud my judgement.  But, to the best I can exempt myself from this partiality, I do think that the ‘no’ answer is correct.  Here is my reasoning.

In the literature on secession, there wholesale mlb jerseys are two broad positions.  On the one hand, some think there is a direct or primary right to secede.  That is, groups always have a right to choose to leave an existing state provided that they, as a group, meet some criteria.  The usual criteria are (a) being a ‘people’ with a shared set of cultural traditions or heritage distinct from those cheap jerseys of the wider nation of which they are presently a part or (b) democratic election (e.g., by majority vote).  On the other hand, some think that there is ‘only’ a default or secondary right to secede.  Groups have this right of only if their present government mistreats them in certain ways.  Here, the right to secede is like the right to revolution.  It is ‘activated’ if governments abuse citizens’ most basic rights, by, for example, torturing them or imprisoning them for their political beliefs.
My view is that secession cannot be a primary right.  It seems to me too permissive to allow groups such broad discretion on leaving an existing state.  In certain cases, this would permit patently unjust possibilities, such as the white South Africans responding to the end of Apartheid by voting to form an independent nation.  More generally, we surely think that there are limits on what a people can choose.  People do not have a right to disenfranchise part of the existing population of a nation on matters that concern them all, so why should they have a right to vote for border changes that would have the same effect?
Thus, my sense is that any right to secede from a political association must exist only on the condition that been the political association surpasses a certain threshold of injustice.  If this line of reasoning is applied to the case of the EU, the UK clearly does not have a right to vote on its membership.
I guess that there are two possible objections to this view.  First, it might be argued that the EU is nfl beyond a threshold of injustice.  I find it difficult to see wholesale mlb jerseys how such a position could be substantiated.  Indeed, given some of its decisions, such as voting rights for prisoners, I am inclined to think it propagates less injustice than the UK.  But, at any rate, it clearly does not fall foul of grave human rights abuse or anything that would permit rebellion.  Second, it might be argued that there is a difference between seceding from a state and seceding from a supranational organisation.  I cannot say that I disagree with this thought, but I do not think that the difference will be sufficient to challenge my central claim.  Whatever the differences, the EU wholesale jerseys is a political association with binding rules of membership subject to demands of justice.  The parallels are not so far from much decentralised federal structures like Switzerland.  So, just as I believe the people of Zug do not have a right to choose independence from the Confœderatio, I do not think the UK should be granted a referendum on European Union membership.