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    Getting settled, illegally

    In the Occupied Territories Israel imposes ‘apartheid’ between Arabs and settlers. Frank Shouldice Trader Jack stands in the doorway of his souvenir shop in Manger Square in Bethlehem. Fifty yards from the Church of the Nativity it’s a prime location for selling knick-knacks and miniature religious crafts. Jack is not Bethlehem’s most famous son but he’s lived in historic times. A teenager when the Israeli State was created, he grew up watching Palestinians scatter worldwide as refugees, felt his country shrink to 12% of its original size, and now witnesses the bloody tumult of the second intifada pushing what’s left of Gaza and the West Bank over an economic and political precipice. “We need Israel and Israel needs us”. He wonders aloud: “it’s a two-State system but now they are taking the best land in our territory – do they not have enough?” A working pensioner in his mid-70s, he finds ordinary life is getting a lot harder. The water supply often cuts off without warning. He can’t take his car outside the Occupied Territories and needs a special permit to travel to Jerusalem, five miles away. All around him are Jewish settlements, the fruits of a key Israeli strategy since 1967. About half a million Israelis now call the Occupied Territories home. Most of them live on land confiscated from Palestinians. Both the UN Security Council (1979) and the International Court of Justice (2004) declared the settlements illegal. Israel’s Minister for Foreign Affairs, Avigdor Lieberman, does not concur. The Minister lives in Nokdim, a West Bank settlement not far from Jack’s souvenir shop. In marked contrast to shanty-like Arab hillside dwellings, the hilltop houses are modern and attractive. Settlers get financial incentives from the State to buy them. As if joining up the dots, these hilltops are connected by a highway system that is off-limits to Palestinians. The effect is to create a hermetically-sealed Statelet which, in turn, paralyses movement for non-Israelis. Gilo is a typical model, built on a hilltop heavily fortified by the Israel Defensive Forces (IDF). “They build them up there so they can dominate us”, shrugs a Palestinian mother. “Many settlements – Ariel, for example – let sewage run down the hill and destroy farmland belonging to Palestinians. That’s what they think of us”. Palestinian commerce has virtually collapsed. Tourists have been scared away. While Jack stands outside his empty shop, groups of unemployed young men sit around the vacant square, passing time. Waiters in an adjoining café idle in the doorway, fanning the breeze with unperused menus. Tonight, the 72-room Bethlehem Star Hotel is home to four guests. For Zoughbi Zoughbi, founder of the Wi’am Palestinian Conflict Resolution Centre, these are troubling times. A campaigner committed to non-violence, he believes the settlement programme is the greatest single obstacle to peace. But directly in front of his office looms another hurdle: the security wall. Also built on land appropriated from Palestinians, it stands eight metres high and runs for over 500 miles through the West Bank, protecting Jewish settlements, separating communities and in places ensuring cash crops like olives rot on the ground while the farmers who own the lands go bankrupt. “It is an apartheid wall”, says Zoughbi, glancing at the concrete horizon that greets him each morning. “It’s about annexation. It is used to confiscate more land and the best places for aquifers. It is also used to further divide and isolate Palestinian areas from each other”. Comparisons with the Berlin Wall are all too obvious but it is ironic that Israel should imitate so enthusiastically a policy dreamt up by a former German régime. The rationale is to reduce attacks by Palestinian militants; however another logic suggests that creating so much bitterness will provoke a violent backlash to reinforce the mindset that built the wall in the first place. In the name of national security, each consciously bewildering maze outside the Occupied Territories tapers into a crossing point. Arab residents, including women and children, clutch possessions through the babble of disorderly queues, routinely herded through a permit control-system, while armed guards bark orders from behind mirrored sunglasses. The scene conjures its own echoes of a Jewish past. “It is not easy”, concedes Boughbi, soft-selling a gospel of non-violence to growing legions of disenchanted Palestinians. “I am one of those who would like to deprive the Israelis of an enemy. Through its daily provocations Israel tries to push us to use greater violence, precisely because the Israeli government is well-equipped to deal with violence. It seems that [the] Israeli Government is threatened more by thoughts of peace and non-violence than by war”. And then there is Hebron. Nowhere else in the West Bank have Jewish settlers been placed among the Arab community. With a total population of about 160,000, Hebron is one of the West Bank’s primary cities. A busy marketplace fills the newer parts but what makes Hebron unique is the Old City, languishing in desolation. In a policy of aggressive displacement, over 200 Palestinian shops and houses have been shut down by military order, over a hundred more evacuated after its main drag Al-Shuhada was declared “a settler-only street”. The settler controversy here traces back to a 1929 pogrom when 67 Jews were murdered and Hebron’s minority Jewish community was driven out. The city passed through British, Egyptian and Jordanian hands until Israel assumed full control at the end of the Six Day War in 1967. Afterwards, former Israeli Prime Minister David Ben-Gurion told a BBC interviewer that “in the cause of peace Israel should take nothing in the conquered territories with the exception of Hebron – which is more Jewish even than Jerusalem”. Hebron’s religious significance relates to the Cave of Machpelah, burial site for Abraham, patriarch of Jews, Christian and Muslims. The Ibrahimi Mosque beside it now serves as the disputed focus for rival traditions. Jewish settlers ignored a prohibition on civilian settlements and set up the Kiryat Arba camp on the outskirts. In 1979, a small number

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    International Tax-Dodging

    Global aid to developing countries is less than the $160bn lost annually by them to tax dodging by multinationals. Sorley McCaughey Every year, the world’s poorest countries lose billions of dollars in potential revenue through the tax dodging of unscrupulous multinational companies (MNCs). For example, between 2005 and 2007, Ireland contributed €95million to Mozambique, but in the same period €18.21million was lost in tax dodging. Abusive transfer pricing and false invoicing alone cost them $160 billion each year, according to Christian Aid estimates. These figures dwarf the total amounts provided in global development aid each year, and far exceed any estimates of what would be required to attain the Millennium Development Goals. This is money that could be spent on basic services – health, education, infrastructure etc. Indeed it is money that, in the long-term, has the potential to move countries away from a reliance on aid to a more sustainable and predictable source of income – legitimate tax revenue. Abusive transfer pricing occurs when related companies – subsidiaries of the same parent company – deliberately inflate or deflate the value of transactions in order to minimise their tax liability in a country. For example, 5000 tonnes of bananas were exported to the US in 2009 at a price of $0.20/ kilo, when the arms’ length price (or agreed market price) was $0.85/kilo. False invoicing, for its part, occurs when two unrelated companies agree on a bogus price for a commodity being sold between them with the effect of minimising tax liability. The profit accrued can then be split between them. Apart from being morally reprehensible, this clearly flies in the face of the international development approach. But this is not just a development issue. There are implications for the Irish Government in terms of the coherence of their policy agenda. Irish Aid is committed to ensuring that the actions or policies of other institutions do not negatively impact on its work. When the international regulations that govern multinational activities (which the Irish Department of Finance has a role in formulating) facilitate this, the incoherence at government level is contributing negatively to the plight of millions of poor people around the globe. In addition, Irish people have a right to expect – particularly at a time when every cent is being watched- that their money that is being spent overseas is not being undermined by other government departments’ inaction. The volume of money lost is in itself enough reason to be concerned. But an effective taxation system also generates additional benefits. An efficient taxation system also promotes good governance. It promotes mutual accountability between those who are paying tax and the government. So what should be done? Civil society recommends three connected solutions to the situation. The first is a requirement for MNCs to report their profits on a country by country basis – not only a global consolidated profit figure. Such information would be invaluable to countries (and not just poor countries) in identifying where possible cases of abusive transfer pricing have occurred. Secondly, civil society is calling for tax information to be exchanged automatically between jurisdictions. Existing bilateral tax information exchange agreements have failed to achieve the transparency needed to identify those companies and individuals who hide money in offshore tax havens. The burden of proof on those countries requesting information is so great that even wealthy countries have found them to be ineffective. Only a global agreement on a multilateral automatic information exchange will deliver the transparency that poor countries need to start clawing back the billions they are owed in tax. Thirdly, and critically, it is crucial to respond to the capacity needs of countries’ tax authorities, oversight bodies such as parliaments, and audit institutions – to process and act on the information that becomes available to them. Irish Aid is already carrying out important work in this area, but more needs to be done in the international tax arena where key decisions around financial regulation are made. In a way, campaigners on this issue are riding a wave of opportunity brought about by the recession and the associated demands for greater financial transparency. There is a recognition now that the characteristics that have contributed to crippling the Irish economy – light touch regulation, a lack of financial transparency and tax arrangements skewed in favour of the wealthy – are the ones that have allowed unscrupulous companies to shift billions out of developing countries. It can no longer be acceptable for profit to be pursued without regard for the negative social consequences for millions of ordinary people around the world. The results of such behaviour are all too evident both in Ireland and the developing world.

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    No longer a wimp

    The EU uses ‘soft power” aggressively  – sometimes to the disadvantage of poor ‘partner countries’ such as those in Africa, the Carribean and the Pacific area Justin Frewen Drawn up in 1997, only a few years after the end of the Cold War, the European Commission’s report, Agenda 2000, manifests the EU’s intention to play an enhanced role in global affairs. This objective was to be achieved through ‘soft power’ combined with multilateral `partnership´ with other States and regions. The question then arises: does the EU really rely on its soft power and obtaining `consensus´ with partner States to promote its foreign policy objectives as it claims or is it only too willing to resort to a Big Brother approach and more coercive methods, particularly with weaker States? The concept of soft power was first developed in 1990 by the former Assistant Secretary of Defense and Dean of Harvard University, Joseph Nye, in his book Bound to Lead and further clarified later the same year in his article “Soft Power”. In effect, soft power consists of the capacity to “get what you want through attraction rather than coercion or payments” and depends on three types of resources: the State´s culture, its political values and its policies. These resources become effective when they appeal to others, are seen to have legitimacy and are morally authoritative. Soft power is therefore understood as a means to achieve international policy objectives through co-operation and partnership. While the staple of hard power is coercion, soft power relies on attraction. Although some commentators view hard power as more or less synonymous with military force, Nye includes economic power, depending on its manner of deployment. Economic sanctions and the application of commercial power to compel other States into adopting particular policies can consequently also be regarded as the exercise of hard power. For many analysts, the EU´s decision to promote its foreign-policy objectives through soft power is directly attributable to its negligible hard-power resources, particularly when compared with those of the US. They argue that the EU has been obliged to rely on negotiation, multilateral partnership and `contractual agreements´ to achieve its foreign policy aims. Probably. However, the EU´s impetus to pursuing international policy objectives through soft power fits nicely with its declared support for values such as human rights, the rule of law, good governance, `free´ trade and social justice. The EU employs a range of mechanisms to advance its foreign policy goals: A major pillar in this area consists in the provision of development and humanitarian aid. Including Member States’ contributions and overall EU development-assistance allocations, the EU is by far the largest provider of aid globally. However, although the EU has committed to allocating 0.7% of its budget to development assistance by 2015, it is highly unlikely this target will be achieved. The Common Foreign and Security Policy (CFSP) is used to enable the EU to speak and act in a unified manner on international issues. At the core of the CFSP is an official commitment to the use of soft power, by means of diplomacy. However, where necessary, recourse will be made to trade, aid and the provision of peacekeepers to resolve complicated conflicts and promote international understanding. The  EU also avails of a range of trade-related mechanisms to further specific policy goals. For example,  Generalised System of Preferences (GSP), provides preferential market access to `developing´ States, including duty-free and quota-free entry benefits for many of their exports. GSP plus extends this market access even further for vulnerable developing countries that have ratified and introduced critical international conventions on issues such as good governance, human rights, environmental protection and labour rights. Arguably the greatest attraction the EU has for other States is the prospect of preferential access to what is the largest single global market. The EU has thus made use of trade agreements to promote its foreign policy objectives. The EU enjoys trade agreements with virtually every State worldwide and they acquire considerable persuasive power when carrots such as preferential access to the EU market, inclusion in a free trade area or even potential membership of the EU are dangled at the negotiating table. These trade agreements have therefore become a formidable weapon in the EU´s foreign policy armoury. The efficacy of this approach, in promoting EU policy goals, is clear from even a cursory examination of the Stabilisation and Association Agreements that were entered into with countries in South-Eastern Europe (SEE). By inserting a range of conditions in these agreements in return for certain economic inducements, the EU was in a position to exercise influence over the policy-making processes of SEE States. The 2000 Cotonou Agreement between the EU and the African, Caribbean and Pacific (ACP) State countries is illuminating. Set up to replace the Lomé Agreements, which had been in force since 1976, Cotonou now includes 79 ACP countries and the 27 EU Member States. Under the four Lomé Agreements, the ACP were granted trading preferences with the EU that they did not have to reciprocate. However, the establishment of the World Trade Organisation (WTO) in 1995 led to calls for the Lomé Agreement to be revised to conform with WTO policies, primarily driven by the principle of reciprocity. At the same time, the demand to remove non-reciprocal preferential EU market access from the ACP coincided with the EU´s own foreign policy objectives, in particular the promotion of free trade and greater market access. In effect, the EU has used Cotonou to introduce trade liberalisation amongst the ACP faster and deeper than that required by the WTO. For the ACP, whose economies are comparatively fragile and therefore less able to compete on the international stage, the introduction of Cotonou has been far less favourably received. Under Cotonou, the ACP States’ non-reciprocal trade preferences   are to be replaced by Economic Partnership Agreements (EPAs). These EPAs will introduce reciprocal trade arrangements whereby ACP countries would no longer benefit from duty-free entry to EU markets for their products and services without similar

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    Bagram Prison: The new Guantanamo

    When Obama came to power last year, he pledged to close the prison at Guantanamo within one year, by January 2010. Not only did he fail to do that, but he has also maintained a second similar prison in Afghanistan, at Bagram Air Base, near Kabul.

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