Americas
How the Military Controls America
Unlike corporations that sell to consumers, Lockheed Martin and the other top contractors to the U.S. Government are highly if not totally dependent upon sales to governments, for their profits, especially sales to their own government, which they control — they control their home market, which is the U.S. Government, and they use it to sell to its allied governments, all of which foreign governments constitute the export markets for their products and services. These corporations control the U.S. Government, and they control NATO. And, here is how they do it, which is essential to understand, in order to be able to make reliable sense of America’s foreign policies, such as which nations are ‘allies’ of the U.S. Government (such as Saudi Arabia and Israel), and which nations are its ‘enemies’ (such as Libya and Syria) — and are thus presumably suitable for America to invade, or else to overthrow by means of a coup. First, the nation’s head-of-state becomes demonized; then, the invasion or coup happens. And, that’s it. And here’s how.
Because America (unlike Russia) privatized the weapons-industry (and even privatizes to mercenaries some of its battlefield killing and dying), there are, in America, profits for investors to make in invasions and in military occupations of foreign countries; and the billionaires who control these corporations can and do — and, for their financial purposes, they must — buy Congress and the President, so as to keep those profits flowing to themselves. That’s the nature of the war-business, since its markets are governments — but not those governments that the aristocracy want to overthrow and replace. The foreign governments that are to be overthrown are not markets, but are instead targets. The bloodshed and misery go to those unfortunate lands. But if you control these corporations, then you need these invasions and occupations, and you certainly aren’t concerned about any of the victims, who (unlike those profits) are irrelevant to your business. In fact, to the exact contrary: killing people and destroying buildings etc., are what you sell — that’s what you (as a billionaire with a controlling interest in one of the 100 top contractors to the U.S. Government) are selling to your own government, and to all of the other governments that your country’s cooperative propaganda will characterize as being ‘enemies’ — Iraq, Afghanistan, Syria, Yemen, etc. — and definitely not as being ‘allies’, such as are being characterized these corporations’ foreign markets: Saudi Arabia, EU-NATO, Israel, etcetera. In fact, as regards your biggest foreign markets, they will be those ‘allies’; so, you (that is, the nation’s aristocracy, who own also the news-media etc.) defend them, and you want the U.S. military (the taxpayers and the troops) to support and defend them. It’s defending your market, even though you as the controlling owner of such a corporation aren’t paying the tab for it. The rest of the country is actually paying for all of it, so you’re “free-riding” the public, in this business. It’s the unique nature of the war-business, and a unique boon to its investors.
Thus, on 21 May 2017, U.S. President Donald Trump sold to the Saud family, who own Saudi Arabia, an all-time-record $350 billion of U.S. arms-makers’ products, which they’re now obligated to buy during the following ten years, with an up-front commitment of $100 billion during just the first year, so as to make even that one-year commitment an all-time record. This deal is by far the biggest part of Trump’s boost to American manufacturers — but it’s only to military manufacturers, the people who depend virtually 100% on sales to governments, specifically to ‘friendly’ governments: to ‘allies’, such as, in this case, to the Saud family.
In fact, the Sauds’ war against their neighbor Yemen is a good example of just how this sort of operation (profit to the billionaires, bloodshed and destruction to — in this case — the Yemenites) works:
Yemen’s war goes back to the “Arab Spring” revolution in Yemen, which overthrew the U.S.-and-Saud-backed President, former Colonel and then General, Saleh. Wikipedia says of him: “According to the UN Sanctions Panel, by 2012 Saleh has amassed fortune worth $32-60 billion hidden in at least twenty countries making him one of the richest people in the world. Saleh was gaining $2 billion a year from 1978 to 2012 mainly through illegal methods, such as embezzlement, extortion and theft of funds from Yemen’s fuel subsidy program.[75][76][77]” And, furthermore: “New York Times Middle Eastern correspondent Robert F. Worth described Saleh as reaching an understanding with powerful feudal ‘big sheikhs’ to become ‘part of a Mafia-style spoils system that substituted for governance’.[18] Worth accused Saleh of exceeding the aggrandizement of other Middle Eastern strongmen by managing to ‘rake off tens of billions of dollars in public funds for himself and his family’ despite the extreme poverty of his country.[19]” Saleh fled to Saudi Arabia. Yemen’s Army installed the Vice President, and former General, Hadi to succeed him. Then, there was a second revolution, and, on 21 January 2015, the Shia Houthi tribe took over, and the rabidly anti-Shia Saud family promptly started their bombing of Yemen, using American training, weaponry and tactical and refueling support. The U.S. Government — like its ally the Saud family — is rabidly anti-Shia. That’s to say: The U.S. aristocracy, like Saudi Arabia’s aristocracy (the royal family), is rabidly anti-Shia. But, whereas for the Sauds, this is motivated more by hate than by greed, it’s more greed than hate on the U.S. side, because at least ever since the U.S. coup in the leading Shia country, Iran, in 1953, it’s been purely about greed, specifically that of the oil (and other) companies who also (in addition to the armaments-firms) control U.S. foreign policies. (For example, international oil companies need to extract and sell oil from many countries. They’re highly dependent upon the military, though not nearly to the extent that the weapons-firms are.)
The most recent poll that has been taken of American public opinion regarding America’s arming and training Saudi forces to fly over and bomb Yemen was taken during November 2017, tabulated on 28 January 2018, and finally published a month later, on 28 February 2018. This “Nationwide Voter Survey – Report on Results – January 28, 2018” asked 1,000 scientifically sampled American voters, “Question: Congress is considering a bi-partisan bill to withdraw U.S. forces from the Saudi-led war in Yemen. Would you say that you support or oppose this bill?” It reported that, “Support” was 51.9%, “Oppose” was 21.5%, no opinion was 26.6%; and, so, 71% of the opinions were “Support”; only 29% were “Oppose.” That’s more than two-thirds supporting this bill to consider withdrawing U.S. forces from that war. But, when the vote was taken in the U.S. Senate, it was 55% opposing the bill, opposing, that is, consideration of the matter, and 44% supporting consideration of the matter (and not voting was 1% of the 100 Senators). 55% of Senators didn’t want the Senate to even consider the matter. Here’s how the issue had managed to get even that far:
On 4 December 2017, just weeks after that poll of Americans was taken, Russian Television headlined “Saleh’s death means a fresh hell beckons for Yemen”, and the U.S. Government’s participation in the bombing of Yemen then did increase. This event — the murder of Saleh — raised the Yemen war to broader public attention in the country that was supplying the bombs and the weapons to the Sauds.
On 28 February 2018, U.S. Senator Bernie Sanders was the lone sponsor of “S.J.Res.54 — 115th Congress (2017-2018)”: “This joint resolution directs the President to remove U.S. Armed Forces from hostilities in or affecting Yemen, except those engaged in operations directed at Al Qaeda, within 30 days unless: (1) the President requests and Congress authorizes a later date, or (2) a declaration of war or specific authorization for the use of the Armed Forces has been enacted.”
On March 19th, NBC bannered “Senators to force vote to redefine U.S. role in Yemen” — that was merely to force a vote in the Senate, not actually to vote on the issue itself. However, given how overwhelmingly America’s voters opposed America’s arming the Sauds to slaughter the Yemenese, this vote in the Senate to consider the measure was the gateway to each Senator’s being forced to go public about supporting this highly unpopular armament of the Saudis; and, so, if it had gotten that far (to a final vote on the issue itself), the arms-makers might lose the vote, because Senators would then be voting not ‘merely’ on a procedural matter, but on the actual issue itself. So, this vote was about the gateway, not about the destination.
The next day, Breitbart News headlined “Administration, Bipartisan Interventionist Establishment Kill Aisle-Crossing Effort to Rein In U.S. Military Involvement in Yemen” and presented a full and documented account, which opened: “The Senate resolution invoking the War Powers Act to demand the administration seek congressional authorization or withdraw American support from Saudi Arabia’s military operations in Yemen was defeated Tuesday by a vote of 55-44.” The peace-activist, David Swanson, headlined at Washingtonsblog, “Why 55 U.S. Senators Voted for Genocide in Yemen”, and he alleged that the vote would have been even more lopsided than 55% for the weapons-industry, if some of the Senators who voted among the 44 non-bloodthirsty ones hadn’t been in such close political races. The weapons-industry won’t hold against a Senator his/her voting against them if their vote won’t even be needed in order to win. Token-votes against them are acceptable. All that’s necessary is winning the minimum number of votes. Anything more than that is just icing on the cake.
So, this explains how the U.S. Government really ignores public opinion and only pretends to be a democracy. It’s done by fooling the public. On the issue of which countries are ‘allies’ and which are ‘enemies’, and other issues regarding national defense, all necessary means are applied in order to achieve, as Walter Lippmann in 1921 called it, “the manufacture of consent.” He wrote:
That the manufacture of consent is capable of great refinements no one, I think, denies. The process by which public opinions arise is certainly no less intricate than it has appeared in these pages, and the opportunities for manipulation open to anyone who understands the process are plain enough. The creation of consent is not a new art. It is a very old one which was supposed to have died out with the appearance of democracy. But it has not died out. It has, in fact, improved enormously in technic, because it is now based on analysis rather than on rule of thumb. And so, as a result of psychological research, coupled with the modern means of communication, the practice of democracy has turned a corner. A revolution is taking place, infinitely more significant than any shifting of economic power
The CIA virtually controls the ‘news’ media.
Furthermore, even corporations that aren’t on that list of top 100 U.S. Government contractors can be crucially dependent upon their income from the U.S. Government. For example, since 2014, Amazon Web Services has supplied to the U.S. Government (CIA, Pentagon, NSA, etc.) its cloud-computing services, which has since produced virtually all of Amazon’s profits (also see “Cloud Business Drives Amazon’s Profits”), though Amazon doesn’t even so much as show up on that list of 100 top contractors to the U.S. Government; so, this extremely profitable business is more important to Jeff Bezos (the owner also of the Washington Post) than all the rest of his investments put together are.
That’s a toxic combination: toxic not only for a government’s domestic policies, but especially for a government’s foreign policies — such as for identifying which nations are ‘allies’, and which nations are ‘enemies’. This type of mega-toxic combination can’t exist in a nation whose press isn’t being effectively controlled by the same general group that effectively controls the Government (in America, that’s the richest few, by means of their many paid agents), the Deep State. In America, one key to it is that the ‘Defense’ firms are privately owned.
POSTSCRIPT:
On March 24th, Zero Hedge headlined an opinion-article “The Death of Democracy” and Alasdair Macleod said that, “The Deep State is on course to take control of Congress. If this happens, it will be the next step in a global trend of side-lining democracy in the West, driven in large part by American foreign policy. It has led to governments everywhere increasing control over their people, in an inversion of democratic principles.”
Furthermore: “The Democratic Congressional Campaign Committee has identified 102 seats as ‘competitive’ in its red-to-blue campaign programme. Eighty of these seats are vulnerable Republicans, and 22 are seats where the incumbent is retiring. 57 of the 221 candidates standing for the Democratic nomination in these 102 districts are current or past agents of the military-intelligence complex. And of those 102 districts, 44 have one of these candidates, 11 have two, and one has three. Furthermore, there are indications that the financial backers of the Democratic Party are supporting this influx of intelligence operatives, and that they are well-funded.”
Macleod went on to say that they’ve already apparently taken over Trump: “There can be no doubt that the chaos in the White House since Trump’s victory has reflected a fight behind the scenes for control of foreign policy, homeland security and military spending. It has been about the CIA’s ultimately successful attempts to ensure Trump backtracked on relevant electoral promises and complies with its own agenda. So far, Trump has backed down on Russia, North Korea, Iran and on military spending, suggesting he is well on the way to becoming the Deep State’s lackey. It now seems the CIA wants to control the balance of power in Congress.”
His conclusion is: “If the US military-intelligence complex manages to pack out Congress, it will be the killer blow for any democracy remaining in America. It will clear the field for a secret state organisation, which has shown little or no regard for human life and the rule of law, to accelerate its warlike agenda. It will have unfettered access to the national finances to accelerate its programme of global aggression, and damn the consequences for anyone else.”
first published at strategic-culture.org
Americas
Bin Laden’s legacy probably surpasses his wildest dreams
At the very outset of the 21st century, Osama bin Laden wittingly or unwittingly positioned himself with the 9/11 attacks as one of its most important figures.
The attacks initially served to undermine multi-cultural policies in relatively ethnically and religiously homogeneous European societies, which struggled to with migration from other continents, ethnicities, and religious backgrounds. The legacy of the attacks has brought identity politics back to the fore not only in the West but also in Africa and Asia.
In doing so, the attacks reshaped global politics and attitudes towards large numbers of people fleeing political and economic collapse as the ‘other’ instead of viewing them as victims of misconceived Western policies that backfired in countries governed and mismanaged by corrupt politicians and political and economic structures.
“Identity wars and conflicts based on differences in ethnicity, culture, language or religion are, once ignited, the most powerful forces in human affairs… Alongside the return of great power competition, the eruption of identity politics is the single most consequential political feature of our time. This fateful combination does not bode well,” said scholar and Wall Street Journal columnist Walter Russell Mead.
Mr. Mead pointed to a host of identity-driven conflicts that fractured Syria, Yemen, Iraq and Lebanon; spawned Iranian Arab, Kurdish, Azeri and Baloch separatist movements, encouraged Russian revisionist nationalism in Ukraine and the Caucasus; enabled cultural genocide in northwest China and boosted populist and far-right sentiment in Europe and the United States.
Two decades after 9/11, the United States, drained by forever wars, appears less willing to stand up firmly for its values while, rising powers like China have little interest in what happens to multi-ethnic, multi-religious nations
“With all the deserved criticism and analysis of the American foreign policy of the past decades, we will live to regret the decline of American ambition,” said Sabina Cudic, a Bosnian parliamentarian worried about the threat of the Bosnia Herzegovinian federation fracturing into separate Bosnak, Serb and Croatian states.
The fallout resulting from changed attitudes was evident in the West’s recent failure to anticipate mass movement towards Kabul airport in the wake of the US withdrawal from Afghanistan and the Taliban takeover of the country. The West’s initial hesitancy to respond to the plight of those cooperating with Western forces and institutions in the last two decades compounded these failures.
It is almost as if Mr. Bin Laden anticipated US President Joe Biden’s stumble when he ordered Al Qaeda in 2010 to target then President Barak Obama on a visit to Afghanistan, but not Mr. Biden, his vice-president.
“The reason for concentrating on them is that Obama is the head of infidelity and killing him automatically will make Biden take over the presidency for the remainder of the term, as it is the norm over there. Biden is totally unprepared for that post, which will lead the US into a crisis,” Mr. Bin Laden predicted.
The West’s US-led failures while exiting Afghanistan undermined two decades ago of multiculturalism and open borders and further empowered populist and right-wing anti-migration and pro-nationalist forces in Europe as well as the United States, Asia and Africa, particularly against Muslims, Jews, and people of colour; and nationalism laced with supremacism.
Western democracies pay the price with the brutalization of debate and dialogue, the abandonment of civility and etiquette, and expressions of racist, Islamophobic and anti-Semitic attitudes becoming less socially taboo and more mainstream.
“Of all the endless costs of terrorism, the most important is the least tallied: what fighting it has cost our democracy. How like America it is not to recognize that the true threat was counterterrorism, not terrorism,” argues journalist and author Spencer Ackerman. Ackerman suggests in his latest book, ‘Reign of Terror: How the 9/11 Era Destabilized America and Produced Trump,’ that the global war on terrorism with its associated use of torture, mass surveillance, militarism and authoritarianism created an environment that catered to Bin Laden’s vision of undermining Western ideals and sewing disarray.
“The anti-Muslim discourse that arose in the wake of 9/11 was a vector through which open racism and open bigotry was smuggled back into the mainstream of American politics,” said Matt Duss, two-time presidential candidate Senator Bernie Sanders’s foreign policy adviser. “I think it normalized these sorts of claims about different groups of people, immigrants, Latinos, Asians, Black people, or others.”
Changed attitudes have made Western societies more vulnerable to intolerant, anti-pluralistic, and counter-revolutionary machinations by countries like the UAE and Saudi Arabia. Alarmed by the strength of political Islamic groups such as the Muslim Brotherhood in the wake of the 2011 popular Arab revolts, the Gulf states had little compunction about fuelling anti-Muslim sentiment in Western countries, including France and Austria, to counter Islamists and their backers, Turkey and Qatar.
Anti-Muslim sentiment is bolstered by the lack of support from Saudi Arabia and the UAE as well as much of the rest of the Muslim world for persecuted Muslim communities such as the Uighurs in China, the Rohingya in Myanmar and Bangladesh, and Muslims in India-administered Kashmir.
Saudi Arabia and the UAE promote their socially more flexible but autocratic versions of a moderate interpretation of Islam that preaches absolute obedience to the ruler. The two states’ use their interpretations to project themselves as leaders of moderation in the Muslim world in which they compete for religious soft power with one another as well as with Turkey, Qatar, Iran and Indonesia, the world’s most populous Muslim-majority country.
”The UAE’s narrative was purposefully designed to appeal to a Western, particularly American audience, in the aftermath of 9/11, the Islamist surge during the Arab Spring, and the rise of the Islamic State. Yet, for Abu Dhabi, its crusade against Islam in the political space has another, more sinister objective: depoliticising civil society while monopolising socio-political power and authority in the hands of the state,” asserted Gulf scholar Andreas Krieg. Mr. Krieg could just as well have been speaking about Saudi Arabia.
The irony is that the religious soft power rivals unwittingly reinforce each other’s efforts. Emirati and Saudi encouragement of Islamophobia in cooperation with populists and Europe’s far-right strengthens Iranian revolutionaries and Turkish President Recep Tayyip Erdogan. Mr. Erdogan projects himself as a pious leader who defends the rights of marginalized Diaspora communities that hail from ‘black’ Turks at home who have been disenfranchised by the Kemalist Turkish elite while Iran claims to represent the struggle of the downtrodden and disenfranchised.
The populists and right-wing nationalists in Europe and elsewhere are the perfect foil for Mr. Erdogan. In turn, Mr. Erdogan’s calls on the Turkish Diaspora to reject assimilation is fodder for the very groups Mr. Erdogan ostensibly opposes.
“Ultimately, these are two right-wing currents that profit from each other. Turkish nationalism coloured by Islamism on the one hand and anti-Islamic and anti-Turkish racism, which has spread throughout Europe and Austria in particular, on the other,” said political scientist Thomas Schmidinge. He was discussing the situation in Austria that serves as an example that repeats itself across Europe in which the UAE, Saudi Arabia, and Turkey wage covert campaigns against one another.
M. Bin Laden must have a grin on his face as the scene unfolds in Europe and the United States, irrespective of whether the former leader of Al-Qaeda is looking at the world from above or from down under. He may bemoan the plight of Muslims in much of the world but the disarray in the West is probably greater, in part thanks to his lethal handiwork, than he probably would have accomplished in his most imaginative dreams.
An earlier version of this story appeared on 911Legacies.com.
Americas
The FDA is Collapsing
Political pressure and anxiety over a fourth wave of the Coronavirus is now replacing clinical data and science. President Joe Biden’s overused talking point in stating ‘science will dictate the vaccines’ seems to be going by the wayside with the White House pressuring the Food and Drug Administration following a pre-emptive announcement to rollout the COVID-19 booster (third shot) on September 20.
The fallout from Biden’s booster push may be responsible for a major mutiny and increasing discord within the FDA. Two of the agency’s top regulators are out as increased pressure mounts to authorize vaccine booster shots and doses for young children under the age of 12.
The two regulators resigning are Marion Gruber, director of the FDA’s Office of Vaccines Research and Review (OVRR), and OVRR Deputy Director Phil Krause. Gruber has been with the FDA for more than 30 years, and Krause has been at the agency for more than a decade. Their departure is a huge loss for the agency with key roles in addressing critical vaccine-related issues and side-effects.
It may not end here with a festering rebellion within the agency who seem to be out of lockstep with the WH and the CDC over the premature decision to anoint a drug into the veins of young children who for vast majority are not at any risk of hospitalization when contracting the virus.
These key resignations may have likely been a culmination of events with the highly conspicuous, yet much heralded FDA approval of the Pfizer-BioNTech COVID-19 shot on August 23rd. With Biden, the CDC, and the media’s capricious tone on the remaining nail of hesitancy pried away to induce the unvaccinated to roll up their sleeves, the president and world leaders now have their stick to mandate vaccines for all federal government employees.
This momentum has resulted in large corporations, hospitals, the travel industry, and higher education leading the way in requiring their employees and students to be vaccinated in order to return to the workplace or school. The extension of the vaccine mandate has resulted in the momentum for vaccine passports to attend civic events, restaurants, riding public transportation, and moving about freely in the marketplace.
Not so quick.
When reviewing the FDA letters sent to Pfizer, the Biological License application was simply approving to call the COVID-19 drug with the brand name Comirnaty; and still requires nearly a dozen additional clinical studies over five years with annual grade reporting – specifically noting further analysis for the younger population. Comirnaty is not a fully approved drug; but rather an approval to manufacture the drug under a brand name and further clinical studies must take place to assess side effects of the drug over longer periods of time.
A second EUA letter from the FDA to Pfizer simply grants the stayed Emergency Use Authorization of an experimental drug now branded as Comirnaty and now permits injection of persons aged 12 through 15 years under emergency sanction. Pfizer must also include warnings of side effects related to pericarditis and myocarditis. Let’s be clear, this experimental vaccine is not fully approved for use as prescribed and perceived in the media; and the shots should not be mandated and legally forced while under further clinical reviews.
The FDA resignations of two leaders with a combined 20 years of service in reviewing vaccine-related issues may be in large part of their unwillingness to stand behind the decision to juice up additional injections for the third time and perhaps a fourth knowing immunity wanes quite quickly after the jab and those who are fully vaccinated are now falling victim to the virus.
A recent major study by the Mayo Clinic that reviewed thousands of PCR tests found the effectiveness of COVID-19 infections dropped in July to 42% for the Pfizer vaccine and 76% for the Moderna vaccine. The effectiveness of long-term protection with the vaccine can no longer be masked with the alarming rate of breakthrough cases as demonstrated in Provincetown, Massachusetts where three-quarters of 469 residents infected during a recent COVID-19 outbreak were fully vaccinated.
Some in the FDA may be alarmed over the recent analysis by Luc Montagnier, a world top virologist and Nobel Prize winner for his work in discovering HIV as the cause of AIDs. He says the world is silent about Antibody-Dependant Enhancement (ADE) where the vaccine is creating the variants by forcing the virus to find a way to stay alive and mutate or die. We just don’t know the extent of the vaccine’s ability to manipulate variants; and yet the tracking for third doses is being prepared.
Comparatively, the cautious responses by government to previous vaccines rollouts has been far different to the rush given to this vaccine. In contrast, when the US vaccinated 45 million for the swine flu in 1976, 53 people reportedly died after the shot, and the US government immediately halted the vaccination. According to the data from Vaccine Adverse Events Reporting System (VAERS), they have registered over ten thousand known COVID-19 vaccine related deaths. How many deaths go unreported? VAERS has also reported thousands of heart attacks, hospitalizations, tinnitus, and high rates of deep vein thrombosis associated with this vaccine, not to mention real concerns over possible fertility issues in women. In comparison, the Menveo vaccine for preventing meningitis had one known death following the vaccine over a 5-year period from 2010-2015.
In adding further concern on whether the employees embedded at the FDA are fully committed to the COVID-19 vaccines was the compelling response by Peter Marks, director of Center for Biologics Evaluation and Research at the FDA, when he was questioned by the Senate Health, Education, Labor and Pensions Committee on May 11 on what percentage of the employees in the FDA have been vaccinated. Marks said he could not tell the exact number but probably a little bit more than half, probably around 60 percent of his employees are vaccinated. Do they know something we don’t know?
Western democracies, specifically the United States, have refrained from an authoritarianism level of control or pressure similar to that of the Chinese communists on independent regulatory agencies. It is a dangerous precedent to see the FDA become weaponized by the political arm of government in their effort to coerce and force entire populations to inject emergency use medicines still subjected to long-term clinical studies.
If the government runs roughshod over the FDA with key voices of objection now removed, what guarantee does society have that other invasive treatments or unconstitutional compliance measures are not enforced in the future? We are already witnessing the fallout with the government’s nod to the private sector and institutions to implement mandatory vaccination and passports; along with social media platforms doing the bidding of government by censoring opposing positions and freedom of speech.
Vaccination efforts that penalize the non-compliant with social and economic limitations is inherently oppressive. Physicians, nurses, and those in the private sector who express opposing opinions or refuse this vaccine are being threatened with the loss of their license, suppressed, and their employment will be terminated. In short, the unvaccinated will be left behind in society.
Society is breaking down into a divisive us and them situation where the political and news media mantra has repeatedly stated this virus has become a pandemic of the unvaccinated, anti-vaxxers are responsible for the lockdowns, and in some cases being refused medical care and labeled as murders. The climate for persecution against the unvaccinated is becoming evident while the temperature for domestic unrest is rising.
History has shown time after time that government’s excessive state control by creating an environment where there is a lack of access to employment and a means to survive, a denial of freedom to move about in the community or travel, and imposed isolation can create the potential for civil unrest. While protest in a democracy is healthy, no one should advocate or participate in unruly unrest, however medical coercion is wrong and should be illegal in removing one’s ability to live, work, and provide.
With the high-profile resignations at the FDA, there is growing friction and mistrust between the regulators and the Biden administration’s third shot booster plan. The government’s resolve to push forward without the FDA’s full approval of the vaccines as a safe medicine for all ages of the population may result in a further mutiny among the FDA’s employees and the agency’s collapse under political pressure.
Americas
The Birth of the Texas Abortion Law: Analysing its Legality and Implications
Despite a new era of pro-choice feminism sweeping the world, Texas has passed the Senate Bill No. 8, bringing to life one of the restrictive abortion bans in the world. The law, pegged as the ‘foetal heartbeat bill’ disallows all abortions at the point of the ‘first detectable heartbeat’. In this post, I shall approach the law through two-prongs. First, I shall discuss the scientific and medical concerns associated with the bill. Then, I shall demonstrate how the law violates the internationally recognised human and reproductive rights of women, and disproportionately impacts specific groups of women.
What Does Science Say?
Science cannot conclusively establish when an embryo becomes a ‘human being’. Scholars have pointed out that there are as many as five different stages of development, each of which is a plausible beginning point for human life. What is clearly determinable, is the fourth stage, which is viability. Viability is defined as the stage when a foetus is able to survive outside the uterus successfully, with medical aid. This is the stage which was endorsed by the US Supreme Court in its decision in Roe v. Wade. With the currently available technology, this stage is achieved about 24 weeks into pregnancy. According to the existing precedent, abortion cannot be banned prior to this stage. Despite this, the Texas law adopts a contrary and unviable standard.
The Texas abortion Bill seems to be inspired from the misinformed Poterian thought that an abortion as early as six weeks into a pregnancy stops a beating heart. The very phrasing of the law, which aims to ban abortions after the ‘first detectable heartbeat’ is problematic. Such detection could happen as early as around six weeks into the pregnancy. However, the actual heart only begins to form around the eighth week of pregnancy and remains relatively unformed till the twentieth week. What is detected earlier is not a heartbeat, but electrical cardiac activity within the embryonic cells. It is also important to note that it is extremely possible for women to get past the six-week mark without being aware of their pregnancy. The new law shall restrict a woman’s abortion to approximately the time till six weeks of her pregnancy, and it is utterly misleading to make a pro-life argument on the basis of the ‘first detectable heartbeat’ standard.
Rights of the Women: An International Human Rights Perspective
Apart from being based on medical inconsistencies, the legislation channels an attack on the human rights of women. The right to privacy is a universally-recognised human right, enshrined under Article 17 of the International Covenant on Civil and Political Rights [ICCPR]. As noted by the Working Group on discrimination against women, a woman’s right to bodily autonomy and to make decisions about reproductive functions is central to her right to privacy. Even in V.D.A. v. Argentina, the United Nations Human Rights Committee [HRC] held that denying women access to abortion can be viewed as a violation of their right to privacy under the ICCPR. While the HRC has previously stated that States can adopt measures to regulate voluntary terminations of pregnancy, it also clarified that such measures should not affect the exercise of other rights under the Covenant by women. However, ensuring the right to privacy and bodily autonomy of women is to be viewed as a precondition to their enjoyment of all other rights. While the decisions of the HRC are not binding on state parties, it is argued that they must be considered in pursuance of good faith. Even if we turn a Nelson’s eye to such violations of a woman’s right to privacy for a moment, another problem quickly grabs our attention.
The legislation allows any person who ‘aids or abets’ a woman seek abortion in any capacity to be sued for a minimum amount of $10,000. Such a suit can be brought by any private citizen in Texas. This would incentivise citizen bounty hunters to unnecessarily interfere with a woman’s private bodily decision in order to make money. Article 12 of the Universal Declaration of Human Rights expressly bars such arbitrary interference with one’s privacy. Moreover, the Special Rapporteur on torture, and other cruel, inhuman, or degrading treatment or punishment expressly noted that extracting information from women seeking medical care or abortion for prosecution purposes shall amount to torture or ill-treatment under the United Nations Convention against Torture. By relying on citizens instead of state officers to enforce the law, the Legislature has made it complicated for the courts to strike down the legislation. Thus, the question before the Supreme Court recently was not whether the law is constitutional, but whether it can even be challenged in court. Subsequently, Texas has provided a model for other states to use the private citizen enforcement loophole, if they wish to sidestep judicial interference. To add salt to the injury, private citizens bringing a suit are not required to produce any evidence that the abortion took place after six weeks of pregnancy, and thus, legal abortions might also be subjected to such litigations.
Yet another issue with the Act is the disproportionate impact it will have on certain groups of women. Women in Texas can still seek abortions after six weeks in other states. However, this option shall not be equally accessible to all socio-economic groups. As a consequence, women from weaker economic backgrounds, women of colour, and undocumented women will face the brunt of this law. What is concerning is that it is precisely these women who form the majority of the cases of abortion. A 2019 study found that as much as 70% of the abortions in Texas were those provided to women of colour. Having to travel to another country to abort is not only non-affordable, but also against the rights of women. In the case of Whelan v. Ireland, the HRC held that compelling women to travel away from their home country to abort can amount to ‘cruel, inhuman or degrading treatment’ and shall be a violation of their right under Article 7 of the ICCPR.
What is even more disappointing is that the law does not create any exception for victims of rape. Since the brining of a lawsuit against anyone who aids or abets the abortion of such victims is so easy, rape crisis centres are concerned about whether they can continue to support survivors after an assault. Any support they provide might fall under the broad ambit of the word ‘aid’ within the Act, and hence open the possibility of them having to face a lawsuit. With the increasingly high number of rape cases reported in Texas every year, this will leave several survivors of rape with inadequate access to post-assault care.
The new legislation on several counts – from science to upholding the rights of women. Now that the Supreme Court has refused to interfere with the enactment of the law, one can only wonder how far-reaching the consequences shall be. If other states decide to continue on the same path set by Texas, then the reproductive rights of women which have been championed ever since Roe v. Wade shall suffer a huge blow.
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