Seth Tekper, Ghanaian Minister of Finance |
Weak government revenues heighten the risk of delayed
payments to contractors and further tax increases in various sectors, including
banking, telecommunications, mining, hotels, and oil and gas, as well as the
possibility of civil unrest over the removal of fuel subsidies. The Ghanaian
government is struggling to bring down its deficit and inflation, and stem the
depreciation of its currency, the cedi. The country's deteriorating economic
situation is likely to spill over into 2014. Sporadic protests and tax
increases are likely, including extension of the 5% stabilisation levy beyond
the 18-month period.
According to the Ghanaian central bank's most recent
forecast, export revenues are likely to fall in the last quarter of 2013 in the
face of weak global commodity prices. Government revenues declined by 17% below
the USD5.7-billion target as a result of falling gold and cocoa prices, and
weak domestic revenue collection. Production at the Jubilee Oil Field, which
currently stands at 110,000 barrels per day against a budget target of 83,000
barrels per day, has not been enough to offset the revenue decline. In October
2013, Finance Minister Seth Terkper raised concerns that weak commodity prices
would undermine the government's ability to cut the budget deficit to 9% of GDP
and stem inflation, which is rising above 10%.
The country's public-sector wage bill, which supports over
500,000 workers on the government payroll, has increased from around 35% of
domestic revenue collection in 2008 to 73% in August 2013. The shortfall in
revenue is likely to spill over into the first quarter of 2014 as government
expenditure remains elevated and current fiscal consolidation plans face
challenges. The government's measures to boost revenue in 2014 increase the
risk of higher taxation, payment delays to contractors, and lifting of
subsidies, as well as of freezing public salary increases, with the latter two
moves likely to drive strikes, sit-ins, and street protests.
Non-payment
risks
Ghana's stock of public debt increased to GHC43.9 billion (USD20 billion 49.5% of GDP) at the end of August 2013, up from GHC35.1 billion in December 2012. Of this, the domestic component amounted to GHC24 billion, compared to GHC18.5 billion in December 2012. External debt stood at USD10.2 billion, up from USD8.8 billion in December 2012. However, Finance Minister Seth Tekper contends that the country's external debt is not out of control, saying that "since its recalculation or rebasing, the nominal GDP has risen from USD17.5 billion to almost USD40 billion". The minister's statement suggests that Ghana is far from experiencing fiscal distress. Nonetheless, servicing the debts is likely to put further pressure on budget.
Ghana's stock of public debt increased to GHC43.9 billion (USD20 billion 49.5% of GDP) at the end of August 2013, up from GHC35.1 billion in December 2012. Of this, the domestic component amounted to GHC24 billion, compared to GHC18.5 billion in December 2012. External debt stood at USD10.2 billion, up from USD8.8 billion in December 2012. However, Finance Minister Seth Tekper contends that the country's external debt is not out of control, saying that "since its recalculation or rebasing, the nominal GDP has risen from USD17.5 billion to almost USD40 billion". The minister's statement suggests that Ghana is far from experiencing fiscal distress. Nonetheless, servicing the debts is likely to put further pressure on budget.
Reasons for the growing deficit include a high public wage
bill, weak export revenue, interest costs, and declining tax revenue, with the
central bank reporting a 15.4% projected decline in revenues between July 2012
and August 2013. Growing corruption in the public sector in particular the tax and customs
departments is considered a factor
undermining tax collection. The government continues to overrun wages, interest
costs, and arrears, and has already stated it is likely to exceed the 9% budget
deficit target. On 17 October 2013, Information Minister Felix Ofosu Kwakye disclosed
that the country's wage bill would likely climb by 22.22% to USD4.13 billion by
December 2013. As at August 2013, the government's foreign reserves could cover
2.7 months of imports.
The government expects foreign reserves to increase with the
USD1.2-billion loan by COCOBOD and the USD750-million Eurobond. Against the
backdrop of the current liquidity issues, which are likely to persist until the
first quarter 2014, the level of non-payment risks, especially to government
contractors, remains very high. In June 2013, construction work on the Atuabo
gas plant was suspended due to a payment delay of over USD400 million to
contractors. The risk of outright default on debt payments by the government is
very low. Furthermore, it is likely to impose stringent measures to curtail
profit repatriation and transactions in hard currencies to curtail the pressure
on the cedi. In the past, the telecom sector was singled out by the government
due to its weekly foreign-exchange remittances.
Taxation
risks
The need to reduce the budget deficit and finance capital-intensive infrastructure projects has led to calls for higher taxes, the curtailment of the government's recurrent expenditures, and the intensification of tax collection. In July 2013, the government reintroduced a 5% fiscal stabilisation levy for 18 months on the profits of companies in the banking, insurance, breweries, mining, and communications sectors. A 20% import tax was imposed on the sale of mobile telephones, and an extra 8% withholding tax on rental income was also re-introduced. The government renamed its Communication Service Tax as excise tax in a compromise for scrapping a proposal to tax all incoming international calls.
The need to reduce the budget deficit and finance capital-intensive infrastructure projects has led to calls for higher taxes, the curtailment of the government's recurrent expenditures, and the intensification of tax collection. In July 2013, the government reintroduced a 5% fiscal stabilisation levy for 18 months on the profits of companies in the banking, insurance, breweries, mining, and communications sectors. A 20% import tax was imposed on the sale of mobile telephones, and an extra 8% withholding tax on rental income was also re-introduced. The government renamed its Communication Service Tax as excise tax in a compromise for scrapping a proposal to tax all incoming international calls.
The government is likely to introduce further taxes and
excise duties in 2014. Oil firms are expected to face higher tax demands,
except for riskier projects further offshore. The government has started to
employ ring-fencing strategies in the oil sector where costs in one contract
area are not allowed to be offset against profits from another in determining
chargeable income for tax administration purposes. However, in the mining
sector, weak global commodity prices and the reintroduction of the 5% fiscal
stabilisation levy are likely to lead to further delay (or put on hold
indefinitely) plans for a proposed 10% windfall profit tax on mining firms.
Foreign firms are likely to face greater scrutiny to increase their tax
contributions. The government has insisted that tax evaders will be fined or
have their operating licences withdrawn, though we assess the former to be more
likely.
Civil
unrest
On 29 October 2013, the Trade Union Congress (TUC) of Ghana announced plans to hold public-sector-wide strike action on 18 November if the government refused to reverse the recent increases in utility tariffs. The government averted a TUC-led strike by reinstating some subsidies and reducing fuel prices by 20% in February 2013.
On 29 October 2013, the Trade Union Congress (TUC) of Ghana announced plans to hold public-sector-wide strike action on 18 November if the government refused to reverse the recent increases in utility tariffs. The government averted a TUC-led strike by reinstating some subsidies and reducing fuel prices by 20% in February 2013.
The TUC is made up of about 18 affiliate unions, including
the Public Services Workers Union (PSWU), the Mine Workers Union (MWU), and the
Maritime and Dockworkers Union (MDU).The risk of strikes in the mining and
maritime sectors is low as the MWU and MDU are unlikely to join the call for
action by the TUC. The sectors most likely to be affected by strikes are
education, health, railways, and local government. Many of these sectors
embarked on strikes earlier this year to press home demands for the payment of
allowances and arrears. In September 2013, members of the Teachers and
Educational Workers' Union (TEWU) embarked on a four-week indefinite strike,
which was suspended for two weeks following intervention by the National
Security Co-ordinator and the Vice-Chancellors of the Universities.
The likelihood of the TUC strike action taking place on 18
November has increased following the stalling of negotiations between unions
and the government. A mitigating factor is the fragmented nature of the TUC's
leadership amid accusations that its leadership has been engaged in fighting a
proxy war between the ruling party and the main opposition. The government has
been accused of being complicit in attempts to break the ranks of the unions by
buying off their leadership.
Outlook
and Implications
In the six-month outlook, it is highly unlikely that the government will be able to reduce the budget deficit to 9% and inflation to single digits. The government's challenging financial situation is likely to stretch into the first half of 2014 as global commodity prices continue to stagnate. Weak government revenues create risks of delayed payments and further tax increases in various sectors, including banking, telecommunications, mining, hotels, and oil and gas. It is very likely that the government will extend the 5% stabilisation levy beyond the 18-month period.
In the six-month outlook, it is highly unlikely that the government will be able to reduce the budget deficit to 9% and inflation to single digits. The government's challenging financial situation is likely to stretch into the first half of 2014 as global commodity prices continue to stagnate. Weak government revenues create risks of delayed payments and further tax increases in various sectors, including banking, telecommunications, mining, hotels, and oil and gas. It is very likely that the government will extend the 5% stabilisation levy beyond the 18-month period.
The government's attempt to cut the public-sector payroll is
likely to drive public protests by organised labour groups. The current state
of public finances leaves the government with little or no room to make any
concession to organised labour as this will further deepen the
fast-deteriorating budget deficit position. Moreover, a review of workers'
salaries and general working conditions will be conducted in January 2014 and
it is likely that there will be a call for public-sector wage increases to
counter rising inflation.
In the event of any strike action, it is likely to be largely
peaceful in the form of sit-in and marches. Traffic disruptions are likely in
the case of peaceful marches on the main streets of the central business
district area of Accra. The risk of these peaceful protests degenerating into
rioting will increase if union members loyal to the opposition take over the
organisation of public marches. Protests in front of government ministries pose
a risk of riot police dispersing protestors using teargas and batons, while
running street battles between riot police and protestors will expose
bystanders to collateral harm from protestors' projectiles and teargas
canisters. However, the risk of rioting exceeding one day and causing
disruption to cargo and significant property damage is moderate.
Editorial
WELCOME TO THE CLUB
The
Insight welcomes Dr Paa Kwesi Nduom into the ranks of those fighting to save
the Achimota Forest from the hands of environmental wreckers.
Dr
Nduom like us insists that Achimota Forest must remain a forest and nothing
more.
The
Insight also takes note of the very positive comments made by Nana Akomea,
former communications Director of the New Patriotic Party (NPP) urging
Government to abandon plans to destroy the forest.
We are particularly shocked that this reckless
move to destroy the Achimota Forest is led by none other than the Forestry
Commission itself.
The
time has come for all Ghanaians to stand up against all the forces which appear
hell bent on destroying the environment.
There
can be no compromise in the struggle to save the Achimota Forest.
We
salute Dr Nduom for joining our ranks.
GOVERNMENT HALTS WINDFALL TAX
Gold Bars |
By
Maxwell Ofori
The
Government of Ghana has buckled under pressure by mining companies and decided
that it will no longer impose the windfall tax.
In the 2013 budget, the Government announced
that it would levy a 10 per cent tax on profits of mining companies by the end
of the year.
However, the mining firms warned that the
imposition of the tax would discourage future investments.
Ghana earns only five percent of the total
value of gold exported from its shores.
At
the time, government insisted that the tax is one of several steps to rake in
more revenue from the profits of the mining companies.
The companies say the definition of windfall
profits is unclear and worry that they are being over taxed.
Dr Edward Larbi-Siaw, Tax policy advisor at
the Ministry of Finance told “Joy Business” that Government beat a retreat
because of “concerns by players in the industry”.
He
said “When there is no windfall you can’t tax”
“May
be the mines beat us to it, in fact I went a to a certain meeting when they
were arguing that our windfall profit tax is structured that even if you make a
loss you will pay then I said but what’s the meaning of windfall profit, there
is nothing like a loss?” he said
NDUOM IS ANGRY
Dr Papa Kwesi Nduom |
Public
anger at the decision of the Forestry Commission to transform the Achimota
Forest into an amusement park is growing and the latest to join the fray is Dr
Paa Kwesi Ndoum, former Presidential candidate of the Progressive People Party
(CPP).
Dr
Nduom’s anger follows the disclosure that the Forestry Commission intends to
spend US$322, 434 million on the building of the amusement centre.
It will have a prayer centre, restaurants, a
shopping mall, car parks, a drive safari, commercial enclaves and a culture
village.
The Insight which first broke the story said
the project has received the endorsement of the Minister of Lands and Natural
Resources.
In
a letter to President John Dramani Mahama, Dr Nduom said the “Achimota Forest
must remain a forest”.
The
Achimota Forest is the only forest belt in Accra and its destruction would
adversely affect the geography of the capital city and its surroundings.
Nana Akomea, former Communications Director of
the New Patriotic Party (NPP) has also condemned the move.
Speaking
on “Good Morning Ghana”, he said the government ought to take firm steps to
protect the environment.
Iran’s Nuclear Talks: Theater of the Absurd
Iranian President Hasan Rouhani |
By Soraya Sepahpour-Ulrich
For
the umpteenth time, Iran and the P5+1 are holding talks to ‘resolve’ the
impasse in dealing with Iran’s nuclear program. And for the
umpteenth time, the absurdity of these meetings is reflected in the futile,
repetitious, meaningless dialogue amidst threats and ultimatums.
Feigned
smiles and optimism add to the theatrics. While theatrics are part
and parcel of US foreign policy, surely one must wonder why the rest
participate in this absurd political drama.
The
current negotiations, as with past talks, place a great deal of emphasis on
Iran’s enrichment activities giving the impression that enrichment is at the crux
of the matter. It is, as far as Iran goes, but this is not the whole
narrative. There is far more at stake in the outcome of these talks
- America’s power to shape and implement international treaties according
to its whim.
Leading
up to the latest round of negotiations, Undersecretary of State Wendy Sherman
claimed that ““… it has always been the U.S. position that that article IV of
the Nuclear Nonproliferation Treaty does not speak about the right of
enrichment at all [and] doesn’t speak to enrichment, period.” (Eminent
scholars have successfully argued that Iran has the right to enrich uranium under the
Treaty). This has not always been America’s ‘position’.
There
is clear indication of a direct correlation between America’s ‘position’ on
Article IV and the degree to which a nation is willing to comply with American
demands. In this case, during the rule of the Shah, one of America’s
pet dictators, Iran had the right not recognized today. During the
administration of President Ford National Security Decision Memorandum (NSDM) 292, dated April 22, 1975, stated that the U.S. shall “Permit U.S. materials to be
fabricated into fuel in Iran for use in its own reactors and for pass-through
to third countries with whom we have Agreement.”
A
year later, the United States went from giving its permission to enrich to
demanding that Iran do so. In NSDM 324, dated April 20, 1976, President Ford authorized
the U.S. negotiating team to “Seek a strong political commitment from Iran to
pursue the multinational/binational reprocessing plant concept, according the
U.S. the opportunity to participate in the project.” The
United States was looking to make a profit from Iran’s nuclear enrichment
activities.
However,
the 1979 Iranian Revolution put an end to American plans and aspirations.
Iranians sent a clear message: Iran would no longer seek America’s “permission”
to declare its rights under international treaties. Iran’s
insistence on reclaiming its sovereignty led to a decision by the United States
to stop Iran’s nuclear program in its tracks (and overthrow the
regime). It failed.
These
negotiations are not about Iran, but they are centered on Iran. The
outcome of these talks is equally important to all countries, specifically to
Russia and China –and to a lesser degree, Europe. For the first time
since the end of the Cold War, there is a perception of a shift away from the
unipolar world. At this fateful juncture, should America prevail in
hijacking international law to suit its policies of the day (dictated by
Israel), then all nations will be subjugated – including Russia and China.
Russia rises as world leader
Russian President Vladimir Putin |
By Timothy Bancroft-Hinchey
Many
are the references in the speeches of US Presidents about the need to
"lead the world", an arrogant and intrusive approach from those
elected by a percentage of their own people and nobody else. Yet today, what
has America's "leadership" led to, where has it led the USA and its
allies, what is its standing in the hearts and minds of the international
community?
The
Helsinki Final Act, or Helsinki Declaration, of 1975, was perhaps the visible
face of the stance of the Union of Soviet Socialist Republics, looking for
friendly relations with the West while it brought generations and millions of
oppressed persons education, healthcare and decent public services, freeing
them from the yoke of imperialist tyranny.
By
1989, the USSR was spending on average 250 billion dollars - a quarter of a
trillion USD - on development projects overseas, implementing policies which
guaranteed the right to basic services in countries where imperialism and
colonialist policies had syphoned off the resources, placing corrupt political
figures in power so as to guarantee the one-way direction of resource flow -
outwards.
Scroll
back seventy years, when the Russian Revolution was for the first time bringing
backward societies into the front line of industrial development, guaranteeing
housing, for free, free public utilities, free or heavily subsidized
communications, subsidized public transportation, free primary and secondary
education, free higher education, free healthcare, free dental treatment, zero
unemployment, safety on the streets, security of the State, social mobility,
indexed pensions, guaranteed basic foodstuffs, leisure time activities, free
sports facilities, free cultural facilities... and back then we could already
see the true mettle of the west.
The
psyche of the United States of America, its poodle-in-chief, the UK and in turn
the ex-colonies of London, principally Australia and the sickening clique of
sycophants which crawl around, licking Washington's legs and feet - namely
France and to varying degrees the NATO pack - is in essence Anglo-Saxonic, is
based upon wanderlust, imposition of cultural values in a top-down,
holier-than-thou approach which saw the same nations drawing lines on maps.
No
sooner had the Soviet Revolution taken shape than there they were, interfering
in the Russian Civil War, arming White Russians, fomenting bloodshed, in the
most shocking act of intrusion. They lost because the Soviet peoples wanted the
Revolution. Nobody asked them in 1989-1991 if they wanted to action the clause
in the Soviet Constitution which gave the nations the option to withdraw
voluntarily from the Union as the political leadership unilaterally tried an
experiment - monetarist market economics.
With
this experiment came calls to break up the Warsaw Pact, promises being
delivered in a cynical fashion by NATO member state leaders that NATO would not
encroach eastwards if the Warsaw Pact was folded. It was, and NATO did. To
Poland, to the Czech Republic, to Slovakia, to Romania, to Bulgaria, to the
Baltic States, forming a ring around Russian territory, a vice around Russia's
throat. True, any concentration of NATO troops would be obliterated by a salvo
of missiles so thick that it would blot out the Sun and a further salvo would
send the States allowing such troops to build up on its territory back to the
Paleolithic Era. However, the point is that NATO lied.
Like
all liars, NATO has something to hide. It was patently obvious back in 1919, it
has been patently obvious since then with its numerous imperialistic ventures,
installation of Fascist repressive regimes, labeling progressive policies as
dangerous when we see today that a "dangerous" label from NATO is in
fact a humanitarian medal because those it derides have the best social
political records.
With
the USSR, there was a counter-weight to NATO's evil; after 1989-1991, there was
a twenty-year gap while Russia found its feet. Now with Vladimir Putin back at
the helm, we see Russia today is calling the shots, while Washington flounders
in the excrement of its own policy-making - Iraq, today a failed state and far
worse off than it was under President Hussein, ditto Libya, where Muammar
al-Qathafi was to receive a UN prize in 2011 and which was leading the human
development indices for Africa.
The
Taleban was to all intents and purposes a failed CIA experiment, Operation
Condor turned Latin America against the United States of America, Cuba comes
across as the poor little good guy, successfully implementing socially
progressive policies and even exporting excellent education and healthcare
policies abroad despite an inhumane economic blockade imposed by the worst perpetrator
of human rights records on the island - the USA and its Guantanamo Bay torture
camp.
Yet
this comes after the CIA torture flights, it comes after Abu Ghraib and it
comes with Syria, where the west's support for terrorists has destabilized vast
swathes of territory, where the west's darling "rebels" have
committed the most shocking human rights abuses, including decapitation of
children and where the west's darling terrorists have used chemical weaponry,
trying to blame this on president Assad.
The
fact that the FUKUS Axis (France-UK-US) jumped to conclusions so early after
months of trying to incriminate President Assad, and the fact that Russia so
masterfully managed to stop NATO's next little war, speaks volumes about where
Washington and its poodles, and Moscow, stand today in the hearts and minds of
the international community.
The
former come across as greedy, interfering warmongers without one iota of moral
values, underlining their collective history of massacres of innocent people
striving only to preserve their freedom, and the latter comes across as a
balanced and responsible member of the international community, backed up by
the BRIC block and countless other member states of the UNO increasingly sick
and tired of Paris, London and Washington, the FUKUS Axis.
Today
we can understand that the Cold War was about the West trying to paint a grey
picture of the USSR, yet in this the West has failed miserably. Soviet values
and ideals - fraternity, peace, respect for sovereignty, development over
deployment - live on and the social and economic system which was successfully
implemented over seventy years shines like a beacon for today's repressed
societies, struggling to put food on the table, struggling to pay energy bills,
struggling to find a house, struggling to maintain a job, while the super-rich
clique of corporate elitists rub their hands in glee at their ever-increasing
profit margins.
This
was predicted, seventy years ago. How long will it take for the people of the
world to discover than an alternative exists, one that has been tried and
tested and one which, by and large, can work?
Syria: From Fermenting
Uprising to Delivering Polio
"Oh
what a tangled web we weave, when first we practice to deceive." (Sir
Walter Scott, 1771-1832.)
In
Syria, now, apart from funding weapons to a reported thousand different
factions of foreign terrorists from perhaps eighty plus countries, NATO, the
US, UK and their Middle East cohorts have seemingly delivered polio.
Prior
to interruption by the devastating uprising - designed largely from within the
US Embassy in Damascus (i) before Ambassador Robert Ford fled across the border
for a flight to the safety of Maryland - Syria had one of the highest polio
vaccination rates in the region, with the World Health Organization estimating
that eighty three percent of children were vaccinated. By 2012, a year in to
the engineered destabilization, the figure had dropped to fifty two percent.
Prior
to the current outbreak announced this week, affecting, so far, a reported
twenty two children: "The last virologically-confirmed indigenous case was
reported on 29 March 1995, although a virologically-confirmed case was also
reported in November 1999. Genetic sequencing confirmed its relation to a virus
strain circulating in India and it was considered an importation. No polio
cases have been confirmed in the Syrian Arab Republic since then", stated
the WHO.(ii)
The
Gates Foundation records that: "Polio remains endemic in just three
countries - Nigeria, Pakistan and Afghanistan." The Global Eradication Initiative
notes that: "Afghanistan and neighboring Pakistan repeatedly re-infect one
other, with Afghanistan appearing to receive a higher share of the poliovirus
importations."(iii)
CIA
organized a fake vaccination programme in and around the town of Abbottabad
where Osama bin Laden was believed living with his family, prior to his US
assassination in May 2011 (if it was, in fact, him - many questions remain.)
The
fake programme was aimed at obtaining DNA from bin Laden family members. A
senior Pakistani doctor, Shakil Afridi was recruited to: "organise the
vaccine drive in Abbottabad, even starting the 'project in a poorer part of
town to make it look more authentic, according to Pakistani and US officials
and local residents."(iv)
Understandably,
subsequently, not alone in Pakistan, but regionally, people are reticent to
trust those introducing unknown substances to the bodies of their children.
"Trust me, I'm a doctor" has a bit of catching up to do in the
inoculation confidence building arena.
The
resultant tragedy is not alone a set back to eradicating a devastating illness,
but that suspicion is such that, according to the WHO, eighteen people
connected to the vaccination programme were killed and seven injured, between
July 2012 and May 2013, in an ongoing tragedy. Yet when Alfridi was sentenced
to thirty three years in jail by a Pakistani Court, the US was so enraged that
$33 million was withheld in aid to Pakistan.
Pakistani
fighters in increasing numbers are now reported as traveling to Syria: "The
network sending Pakistani Sunni fighters to Syria is jointly run by the
Tehrik-i-Taliban (TTP) and the banned sectarian group Lashkar-i-Jhangvi,both of
which are affiliated with al-Qa'ida. ... Abdul Rashid Abbasi, a close associate
of TTP chief Hakimullah Mehsud, said ... fighters already in Syria are
under the command-and-control structure of al-Qa'ida in Syria."(v)
Moreover, they are believed to be in the East of Syria, where the polio has
been identified. (Polio can be "carried" from affected areas, by
those who never actually develop the disease.)
It
is also surely a redundancy to point out (again) that if the above carefully
researched and referenced article is correct, NATO, the US-UK regime and their
allies are funding that great collective bogeyman al-Qa'ida.
However,
back to the polio outbreak: "High-ranking sources from the World Health
Organisation here say indications are that the polio outbreak reported from
Syria can be traced to Pakistan", states The Hindu, adding that the
conclusive test results will not be returned until early next week. (vi)
Further:
"Before this, the virus from Pakistan was found in Egypt, Palestine and
Israel, according to the WHO. Pakistan was responsible for the international
spread in 2011 and the virus from Pakistan caused an outbreak in western China,
according to the WHO."
Syria
is attempting a further inoculation outreach, in near impossible circumstances
on the ground, further appallingly hampered by a crippling embargo which
affects the entire health system.
Sometimes
it truly seems as if the demented Armageddonists and George W. Bush's
"Crusaders" have shaped a "New World Order" which has
regressed to the Four Horsemen of the Apoclaypse: Conquest, War, Famine and
Death.
How America was lost
US President Hussein Obama (R) with his mentor George Bush (L) |
By
Paul Craig Roberts
"No
legal issue arises when the United States responds to a challenge to its power,
position, and prestige.” Dean Acheson , 1962, speaking to the American Society
of International Law.
Dean
Acheson declared 51 years ago that power, position, and prestige are the
ingredients of national security and that national security trumps law. In the
United States democracy takes a back seat to “national security,” a prerogative
of the executive branch of government.
National
security is where the executive branch hides its crimes against law, both
domestic and international, its crimes against the Constitution, its crimes
against innocent citizens both at home and abroad, and its secret agendas that
it knows that the American public would never support.
“National
security” is the cloak that the executive branch uses to make certain that the
US government is unaccountable.
Without accountable government there is no civil liberty and no
democracy except for the sham voting that existed in the Soviet Union and now
exists in the US.
There
have been periods in US history, such as President Lincoln’s war to prevent
secession, World War I, and World War II, when accountable government was
impaired. These were short episodes of the Constitution’s violation, and the
Constitution was reinstated in the aftermath of the wars. However, since the
Clinton regime, the accountability of government has been declining for more
than two decades, longer than the three wars combined.
In
law there is the concept of adverse possession, popularly known as “squatters’
rights.” A non-owner who succeeds in occupying a piece of property or some one
else’s right for a certain time without being evicted enjoys the ownership
title conveyed to him. The reasoning is that by not defending his rights, the
owner showed his disinterest and in effect gave his rights away.
Americans
have not defended their rights conveyed by the US Constitution for the duration
of the terms of three presidents. The Clinton regime was not held accountable
for its illegal attack on Serbia. The Bush regime was not held accountable for
its illegal invasions of Afghanistan and Iraq. The Obama regime was not held
accountable for its renewed attack on Afghanistan and its illegal attacks on
Libya, Pakistan, and Yemen, and by its proxies on Syria.
We
also have other strictly illegal and unconstitutional acts of government for
which the government has not been held accountable. The Bush regimes’ acts of
torture, indefinite detention, and warrantless spying, and the Obama regime’s
acts of indefinite detention, warrantless spying, and murder of US citizens
without due process. As the Obama regime lies through its teeth, we have no way
of knowing whether torture is still practiced.
If
these numerous criminal acts of the US government spread over the terms of
three presidents pass into history as unchallenged events, the US government
will have acquired squatters’ rights in lawlessness. The US Constitution will
be, as President George W. Bush is reported to have declared, “a scrap of
paper.”
Lawlessness is the hallmark of tyranny enforced by the police
state. In a police state law is not a protector of rights but a weapon in the
hands of government. [see Roberts & Stratton, The Tyranny of Good
Intentions] The accused has no recourse to the accusation, which does not
require evidence presented to a court. The accused is guilty by accusation
alone and can be shot in the back of the head, as under Stalin, or blown up by
a drone missile, as under Obama.
As
a person aware of the long struggle against the tyrannical state, I have been
amazed and disheartened by the acceptance not only by the insouciant American
public, but also by law schools, bar associations, media, Congress and the
Supreme Court of the executive branch’s claim to be above both law and the US
Constitution.
As
Lawrence Stratton and I show in our book about how the law was lost, liberals
and conservatives chasing after their favorite devils, such as child abusers
and drug pushers, and prosecutors, judges, and police devoted to conviction and
not to justice, have gradually eroded over time the concept of law as a
protection of the innocent, With the atmosphere of threat created by 9/11, the
final destruction of the protective features of law was quickly achieved in the
name of making us safe from terrorists.
The
fact that we are no longer safe from our own government did not register.
This
is how liberty was lost, and America with it.
Can
liberty be regained? Probably not, but there is a chance if Americans have the
necessary strength of character. The chance comes from the now known fact that
the neoconservative Bush/Cheney regime took America and its puppet states to
war in Afghanistan and Iraq entirely on the basis of lies. As all evidence
proves, these wars were not the results of mistaken intelligence. They were the
products of intentional lies.
The
weapons inspectors told the Bush regime that there were no weapons of mass
destruction in Iraq. Despite this known fact, the Bush regime sent Secretary of
State Colin Powell to the UN with fabricated evidence to convince the world
that Saddam Hussein had “weapons of mass destruction” and was a threat to the
world. Even if such weapons had existed in Iraq, many countries have them, including
the US and Israel, and the presence of weapons does not under the Nuremberg
Laws justify unprovoked aggression against the possessor. Under the Nuremberg
Laws, unprovoked military aggression is a war crime, not the possession of
weapons that many countries have. The war crime was committed by the US and its
“coalition of the willing,” not by Saddam Hussein.
As
for the invasion of Afghanistan, we know from the last video of Osama bin Laden
in October 2001, attested by experts to be the last appearance of a man dying
of renal failure and other diseases, that he declared that he had no
responsibility for 9/11 and that Americans should look to their own government.
We know as a reported fact that the Afghan Taliban offered to turn over Osama
bin Laden to Washington if the Bush regime would provide the evidence that
indicated bin Laden was responsible. The Bush regime refused to hand over the
(non-existent) evidence and, with support of the corrupt and cowardly Congress
and the presstitute media, attacked Afghanistan without any legal
justification. Remember, the FBI has stated publicly that it has no evidence
that Osama bin Laden was responsible for 9/11 and that that is why the crimes
for which the FBI wanted bin Laden did not include responsibility for the 9/11
attack.
The
war propaganda campaign was well prepared. Yellow ribbon decals were handed out
for cars proclaiming “support the troops.” In other words, anyone who raises
the obvious questions is not supporting the troops. Still today insouciant
Americans sport these decals on their cars unaware that what they are
supporting are the murder of foreign women, children and village elders, the
death and physical and mental maiming of American soldiers, and the worldwide
destruction of the reputation of the United States, with America’s main rival,
China, now calling for a “de-Americanized world.”
A
country with a population as insouciant as Americans is a country in which the
government can do as it pleases.
Now
that we have complete proof that the criminal Bush regime took our country to
wars in Afghanistan and Iraq solely on the basis of intentional lies, how can
the legal institutions, the courts, the American people possibly tolerate the
Obama regime’s ignoring of the obvious crimes? How can America simply accept
Obama’s statement that we mustn’t look back, only move ahead? If the US
government, which has committed the worst crimes of our generation, cannot be
held accountable and punished, how can federal, state, and local courts fill up
American prisons with people who smoked pot and with people who did not
sufficiently grovel before the police state.
Doubtless,
the Obama regime, should it obey the law and prosecute the Bush regime’s
crimes, would have to worry about being prosecuted for its own crimes, which
are just as terrible. Nevertheless, I believe that the Obama regime could
survive if it put all the blame on the Bush regime, prosecuted the Bush
criminals, and desisted from the illegal actions that it currently supports.
This would save the Constitution and US civil liberty, but it would require the
White House to take the risk that by enforcing US law, US law might be enforced
against its own illegal and unconstitutional acts by a succeeding regime.
The
Bush/Cheney/John Yoo neoconservative regime having got rid of US law, no doubt
the Obama regime thinks it is best to leave the situation as it is, rid of
law.
Without
accountability, America is finished. Not only will Americans live in a police
state with no civil liberties, but the rest of the world is already looking at
America with a jaundiced eye. The US is being reconstituted as an authoritarian
state. All it takes is one failure of accountability for the police state to
become entrenched, and we have had numerous failures of accountability. Does
anyone really believe that some future government is going to make restitution
to persecuted truth-tellers, such as Bradley Manning, Julian Assange, and
Edward Snowdon, as was done for Japanese Americans?
Now
that we know for a certain fact that the invasions of Afghanistan and Iraq were
based on propaganda and lies, Congress and the world media should demand to
know what was the real secret agenda. What are the real reasons for which
Afghanistan and Iraq were invaded?
No truthful explanation for these wars exists.
Paul
O’Neill, the Bush regime’s first Treasury Secretary, is on public record
stating that at the very first cabinet meeting, long prior to 9/11, the agenda
was a US attack on Iraq.
In
other words, the Bush regime’s attack on Iraq had nothing whatsoever to do with
9/11.
What
was the Bush regime’s secret agenda, kept secret by the Obama regime, that
required an illegal, war criminal, attack on a sovereign country, an action for
which officials of Hitler’s government were executed? What is the real purpose
of Washington’s wars?
It
is totally and completely obvious that the wars have nothing to do with
protecting Americans from terrorism. If anything, the wars stir up and create
terrorists. The wars create hatred of America that never previously existed.
Despite this, America is free of terrorists attacks except for the ones
orchestrated by the FBI. What the fabricated “terror threat” has done is to
create a thorough-going domestic police state that is unaccountable.
Americans
need to understand that they have lost their country. The rest of the world
needs to recognize that Washington is not merely the most complete police state
since Stalinism, but also a threat to the entire world. The hubris and
arrogance of Washington, combined with Washington’s huge supply of weapons of
mass destruction, make Washington the greatest threat that has ever existed to
all life on the planet. Washington is the enemy of all humanity.
Thanks for commenting ! Associate Tax and Legal advisors in Ghana Associate Tax and Legal advisors in Ghana .
ReplyDelete