PNN English

PATENTING MEDICINES IS CRUEL - V. C. Nanda

2007-11-01T05:59:00.000-07:00

Indian Med. Assoc. Bull. of Sept. 14, 04 carried the story of a suit filed by David Franklin (an insider) against Pfizer on the charge of suppression of a 1998 study of results regarding the drug Gabapentin. It had shown that the drug did not work for the advertised Bipolar Disorder. This was sought to be done by lavishing perks on doctors, giving generous fees to thought leaders, using ghostwriters, and planting people to ask favourable questions. The study report had also mentioned that a 16 year old committed suicide while taking this drug. The company paid $ 240 million as criminal fine and another 152 million as fine to State & Federal Healthcare. ............... .More

The Impact of Globalisation on Indian Economic Development By Amit Bhaduri

2007-10-31T20:50:00.000-07:00

(Dr. John Matthai Lecture, 2006: Calicut University)

I am deeply honoured to have been invited to deliver a lecture in the Frontier Lecture series on this occasion. I share with you the privilege to celebrate the memory of one of the most talented and distinguished economists who shaped to a considerable extent the economic thinking of India immediately after independence. Dr. John Matthai did it in many capacities, as a finance minister, as chairman of independent commission, and as a writer and as a life long teacher. What is more, he did it all with rare dedication, to the sole purpose of India's progress. Nothing stood in the way of his determined dedication. He was as happy to take up the responsibility as a finance minister as to give it up when he differed. The office did not interest him, only the bigger cause did. It appears we no longer have many persons of such integrity in public life. So while I am privileged to celebrate with you the memory of this exceptional intellectual, ....................... More

Public Statement On The Gujarat Carnage 2002

2007-10-30T06:35:00.000-07:00

The recent Tehelka expose of the "Gujarat riots" of 2002, demonstrate very starkly that these were neither "spontaneous" nor "riots", but were in fact mass murder, loot and mayhem orchestrated and organized by the top echelons of the Gujarat units of the VHP, the Bajrang Dal, and the BJP with the full connivance and complicity of the Gujarat government headed by Narendra Modi. The Tehelka tapes show senior functionaries of these organizations and of the government bragging and confessing to their having committed and participated in committing heinous crimes like brutal mass murder, rape, burning, looting etc. Many of them claim and boast about how Narendra Modi explicitly encouraged the carnage and told the killers and rioters that they were being given a free rein of three days. These people also claim how several senior police officials not only aided and abetted these killers by their actions and inaction but in many cases themselves participated in the carnage.

These senior functionaries who boast about having committed these crimes also claim how Modi provided shelter to these people and even got inconvenient judges changed to ensure that these mass murderers got out on bail. They also boast about having successfully subverted the integrity of the Nanavati Commission. In short, the tapes reveal a horrific state of affairs in Gujarat, which seems to have gone beyond the pale of the rule of law, and the most basic norms of humanity. That it has become a State where the government is not being carried on in accordance with the Constitution.
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It has become imperative that a special investigating team be immediately constituted to investigate the involvement of Narendra Modi and other senior functionaries in his government and the police in the killings, their abetment and the shelter and help given to the criminals. This SIT can be constituted by the Supreme Court and should be monitored on a regular basis and asked to compete their investigation within a few months. This would be one of the most important investigations ever undertaken in this country.

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But most immediately, the persons shown on tape confessing to having committed crimes must be immediately arrested and those of them who are serving officials, must be placed under suspension. If the State government shows any hesitation in doing this, that will only reinforce the overwhelming evidence of their complicity in the Carnage.

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The pending cases of Naroda Patia, Gulbarga society etc. which have been stayed by the Supreme Court, pending hearing of the applications for their transfer outside Gujarat for the last 4 years, must be immediately taken up by the court, ordered to be expeditiously reinvestigated by an independent agency and cases tried expeditiously.

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We therefore call upon the Central government and the Supreme Court, whose duty it is to enforce the rule of law and protect the Constitution, to immediately take the above steps. We also call upon all right thinking people of Gujarat to come out in support of these demands. What is at stake is not merely the survival of Constitutional values and the rule of law but the survival of civilisation itself in this country.

Signed by:
Admiral R.H.Tahiliani (Former Navy Chief, Chairman Transparency International,India)
S.P. Shukla (Former Finance Secy, GOI)
Shanti Bhushan (Former Law Minister)
Muchkund Dubey (Former Foreign Secretary, GOI)
Ramaswamy Iyer (Former Water Resources Secy, GOI)
E.A.S. Sarma (Former Power Secretary, GOI)
B. George Verghese (Senior Journalist)
Madhu Bhaduri (Former Ambassador, GOI)
Medha Patkar (Social Activist)
Aruna Roy (Social Activist, Former member NAC)
Arundhati Roy (Writer, Social Activist)
Arvind Kejriwal (RTI Activist, Magsaysay awardee)
Sandeep Pande (Social Activist, Magsaysay awardee)
Major Gen. S.G. Vombatkere (Retd. Mysore)
Prof. Amit Bhaduri (Former Professor of Economics, JNU)
Prof. K.M.Shrimali (Department of History, Delhi University)
Arun Kumar (Professor Economics, JNU)
Prof. Girijesh Pant (School of International Studies, JNU)
Prof. Pramod Yadava (Professor, Dean, School of Life Sciences JNU)
Prof. Sujata Patel (Dept. of Sociology, University of Pune)
Prof. Achin Vinayak (Professor, Third World Academy)
Nasir Tayabji (Director, Centre for Jawaharlal Nehru Studies, Jamia Milia Islamia)
Jean Dreze (Visiting Professor, Allahabad University)
Arshad Alam (Centre for Jawaharlal Nehru Studies, Jamia Milia Islamia)
Shailesh Gandhi (Convenor, NCPRI)
Vikram Lal (Director, Common Cause)
Shabnam Hashmi (Social Activist, ANHAD)
Dunu Roy (Social Activist and Director, Hazard Centre)
Ravi Chopra (Director, People's Science Institute)
N. Bhaskar Rao (Director, Centre for media studies)
Dr. Ajay Mehra (Director, Centre for public affairs)
Manoj Mitta (Journalist)
Sundeep Dougal (Journalist)
Ajit Bhattacharjee (Journalist)
Sudhirendra Sharma (Journalist)
Smitu Kothari (Dir. Centre for Intercultural Resources, Co-Founder Lokayan)
Himanshu Thakkar (Centre for Water Policy)
Nandini Oza (Social Activist, M.P.)
Ashish Kothari (Founder Member Kalpavriksh)
Vinod Raina (Founder Eklavya)
Rohit Prajapati (Social Activist, Baroda)
Trupti Shah (Social Activist, Baroda)
S. Srinivasan (Baroda)
Sanjay Kak (Filmmaker)
Arshad Amanullah (Documentary Filmmaker)
Nikhil Dey (Social Activist)
Ashok Rao (Secy. National Confederation of Officers Association)
Kamini Jaiswal (Lawyer)
Prashant Bhushan (Public Interest Lawyer)

Climate change and social oppression leading to suicides in Bundelkhand – Study By Pragya Vats

2007-10-15T20:18:00.001-07:00

Almost the entire Bundelkhand region except Jhansi has been covered under National Rural Employment Guarantee Scheme – a government program aimed not only to provide rural employment but also at restoring infrastructures in villages by undertaking water conservation, repair and upkeep of village tanks among other things. But so far, there are many blocks where not a single household has received 100 days of work or unemployment allowance.

"When the scheme was launched, people hoped that it will bring some relief to their problems," said Sanjay Singh of Paramarth, ActionAid's local partner, "Either people have no job cards or no jobs."

Pointing out the problems with the implementation of the scheme Singh said:

"Those who got job under the scheme barely had 20 days of work; even wages of many workers have not been paid for many months". ........Read More

New heights in outsourcing

2007-10-15T10:35:00.000-07:00

West starts exporting its elderly to India for care
Families in the developed countries struggling to pay the spiralling costs of care for their elderly relatives would soon have a new cheaper option: outsourcing to India.

Extreme though the idea may sound, one man has already made the move successfully with his parents, and the concept is being regarded with interest by care charities.
Steve Herzfeld, a 56 year old American, was caring for his elderly parents for three years when, at his wit’s end over finances, he decided to relocate them to India in November 2006.
The three of them rented a house in Puducherry. With the help of a friend, Mr. Herzfeld organised a team of six to nurse, massage and care for his parents.
They pay £1,000 a month for the house, bills and medication–leaving them with money to put aside for a rainyday. Had they stayed in the US they would have faced nursing-home fees three times that amount. Mr. Herzfeld’s parents would not have been able to afford such charges–and any way, he could not face the prospect of putting them in a home.

Frances Herzfeld, 89, was suffering from advanced Parkinson’s disease and Ernest Herzfeld, 93, has Alzheimer’s. Mr. (Steve) Herzfeld had retrained as a nursing assistant, not so much to nurse them himself but to know enough to manage their care. However, by late 2006, he knew they were so fragile they could not continue as they were. In the Florida nursing home he found for his mother, he knew she would spend her time “in a wheelchair, with four or five others in a room, while a nurse read the paper all day.”
Mr. Herzfeld is a disciple of Maharishi Mahesh Yogi, founder of the Transcendental Meditation programme and since 1982 has been taking part in a long-term research project using advanced yoga techniques. The Maharishi encourages disciples to care for their family, so Mr. Herzfeld has taken time out to do this.

When a friend suggested the idea of relocating to India–for its far lower nursing costs and the promise of some quality of life for his parents-Mr. Herzfeld could see a lot of merit in the apparently outlandish idea. He had spent five years in India before, knew the country well and also could count on considerable help from his friend. So they moved to Puducherry.
Frances died in May, but Mr. Herzfeld still feels the move was worthwhile. “The big benefit was seeing my parents still had some dignity in their life,” he says.

However, he would only recommend that others took the same route if they had family or friends there or had lived in India before. “I don’t want to encourage people to do it when they could be very unhappy,” he says. “This is an environment that some Westerners thrive in and others don’t like particularly.”
Finding English speaking staff has been difficult, as most of them can get better paid jobs abroad.
Nonethless, wages for a nurse amount to about £125 a month and drugs cost a fifth of what they do in the US. Instead of using every cent to pay for care, the father and son are now actually able to put some away.
Despite his own reservations, Mr. Herzfeld is clearly a poineer and others–potentially millions-may want to follow him to warmer climes and more affordable care.
Nevertheless, there may be more pressure soon from a demanding baby-boomer generation of pensioners that is prepared to question authority and traditional stances.
U.K. property consultant King Sturge advises on the nursing home sector and senior associate Anthony Oldfield says: “There is scope in the next five years or so for British nursing home companies whose names are well known in the UK to expand abroad.”

When the issue starts being debated, it will have to be an international discussion, not a national one. Within Europe, pensioners are tending to move from northern countries–such as the UK and Germany–to the south, to Spain, Greece and Italy.
The Norwegian Ministry of Health already organises “health trips” for people with rheumatism and skin problems to Spain, Turkey and Montenegro. Sooner or later, this will need to be addressed on a European or global level. The world population of 80-plus year olds is set to soar from 90 million now to 400 million by 2050, according to the World Demographic Association.

In Puducherry, Mr. Herzfeld has been surprised to receive e-mails from people who want to pack their ageing spouses off to India on their own.
But while there is no infrastructure for that now, Mr. Steve (who has studied accountancy) says : “It appears to me that there is a potential industry here–in areas that are nice and quiet, with less pollution. You could staff them, even build rooms for family members to live in and provide Western comfort levels.”
{Courtesy : The Hindu, 31 August 2007}

WORLD BANK GOES UNDER SCANNER AT PEOPLE'S TRIBUNAL

2007-10-15T10:25:00.000-07:00

In his deposition to the jury Supreme Court Advocate Prashant Bhushan presented evidence on how, since 1991, most of the key influential economic policy makers in India, including members of the planning commission, secretaries of the Finance Ministry and Economic Advisors to the Government have been people who have had stints at the World Bank. ‘They have moved seamlessly between the World Bank and the Government of India as if the latter were just a division of the former’, he said. Bhushan singled out the case of the current czar of economic policy Montek Singh Ahluwalia who spent the first 11 years of his career at the World Bank. Since then he has been Commerce Secretary, Finance Secretary and now Deputy Chairman of the Planning Commission. ‘There are several dozen such instances and it should be of little surprise that the Bank has been able to easily impose its ideology and policies in India’, added Bhushan.

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A Letter To Justice Iyer

2007-10-15T10:15:00.000-07:00

{Eminent jurist Justice VR Krishna Aiyer, issued a statement on Septmeber 3, 2007 which was published by The Hindu of September 4 with the title "Krishna Aiyer Welcomes Reliance Promis". The Content of the news item appeared to us as favouring Relinace Fresh. So we wrote a letter to Justice Aiyer. The letter and the reply given by Justice Aiyer are being published here. Editor}
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These are Crocodile Tears

2007-10-15T10:12:00.000-07:00

A news item appeared in various news papers including The Gaurdian of London and 'The Hindu' of India which evoked good sense of readers but simultaneously put them in a quandary. First see the news.
On August 23, in a public meeting to celebrate 200th anniversary of slave trade abolition, mayor of London Ken Livingstone with his eyes full of tears beged pardon on behalf of citizens of capital for atrocities committed on Black Slaves.

London mayor virtually wept while describing to the memorial meeting the atrocities committed on slaves transported from African continent during colonial period US human right activist and black leader Rev. Jasse Jackson had to console the mayor.
Anyone who will read this news, will say it is never too late. If progeny of those who did outragious deeds and committed untold atrocities not only on Africaners but also on Asians and Indians, for centuries realises its blunderous mistakes, pardon them and forget the history. Let a new chapter of relation begins.

However, has the mind of white man's child really changed, his heart reformed? The events occuring in our country and the world indicate otherwise. The tears of Ken seems to us the tears of a erocodile. Why?
Because, on these very same days a team of Englishmen is visiting India to commemorate what their encestors did in 1857. After having quelled our First War of Independence, Britishers massacred nearly 10 million unarmed people in North and Central India in 1857. Rememberance of these atrocities still causes quiver in our hearts. In our Allahabad, people were hanged on the trees and dead bodies were left there for days in the middle of the town. The visiting Englishmen have not come here to apologise for those crimes. Instead, they are here to offer floral tributes to those who committed that crime. If they were only to remember their encestors they could come at any time. But they have come at a time when whole nation is observing 150th aniversiry of our First War of Independence. Is it not like sprinkling salt on burn sore. London's Mayor should have stopped these Englishman from visiting India at this sensitive juncture.

But this is a minor event. These are the same Englishman who with Americans have killed millions in Iraq. Nearly 4.2 million Iraq families are rendered homeless and forced to go to other countries as refugee. These are the same Englishman who faught with Iraq people in 1991 too, and afterward forced UN to impose economic sanctions on Iraq which claimed another 8 lakhs children due to paucity of essential drugs. All the allegations put against Iraq were later found to be utterly baseless and false. The atrocities committed on Iraq are in no way less than those committed on slaves.

In fact the mindset of Englishmen, Europeans or Americans is not basically different from what it was at the time of slave trade. Two things are deeply sattled in their nimdset. First is, that all those who live outside Europe or America are uncivilised or barbarian and whitemen have a burdon to make them civilised. Second , all resources and money outside of Europe must come under their control. Earlier they attacked, their armies looted. Although they have changed their outer manners, inner spirit is still unchanged. Jasse Jackson rightly observes "they have stopped using ropes and bullets. Instead, they use World Bank, IMF (and WTO)." Aims are the same. Earlier it was state colonialism now it is corporate colonialism. These old colonialists make only 15% population of the world, but they consume 85% resources of the world. Where these resource will come from? Countries like us will sustain their affluence. By showing to us crocodile tears and false sympathy, they have entered into and are eating the vitals like industry, servieces and agriculture of our economy.

We mistook their motives. Even people like Raja Ram Mohan Rai believed english language a boon to the country. What we got in return was slavery and hunger. Today, in the same manner country's so called elite believe corporate system to be a boon to the country. However, they do'nt know what mistake they are committing. Country man, specially the youth should not, however, make the mistake.

Workshops to be organised by Swaraj Vidyapeeth

2007-10-15T10:07:00.000-07:00

Workshops to be organised by Swaraj Vidyapeeth

1. Banglore

From December 24 to 30, 2007
Director : Prof. E. P. Menon, Phone 080 – 22269862
Topic : Globalisation : A critique and possibilities beyond present day order

2. Allahabad
Topics :  Indo-US Nuclear Deal Indo-US Knowledge Initiative on Agricultural Research, Education and Training SEZs Corporate/Contract Farming Retail Market and Corporate Houses Cooperative movement Vs Corporatisation.

Venue : IERT (Near Prayag Rly Station), Allahabad
From October 12 to October 15, 2007

Apart from above two big workshops, several small one day workshops are also to be held in Chandigarh, Jabalpur, Chitrakoot, Lucknow, Ballia, Hazaribag. The dates for these workshops are to be decided after consultation with concerned local Co-workers.

National Assets are for Sale ! By Dr. Krishna Swaroop Anandi

2007-10-15T09:46:00.000-07:00

Public sector enterprises, once termed as ‘Modern Temples of India’ by Jawahar Lal Nehru, are now putting up their surplus (?) land for sale. This is being done in order to ameliorate them from chronic sickness. The following is the list of a few public sector enterprises which are readying themselves for the sale of their commercial land properties at prime locations in the country in order to revive themselves–
The government has already sold some of the commercial land properties of public sector undertakings like National Textile Corporation (NTC), Hindustan Antibiotics, HMT and Praga Tools Limited. It is now in the process of further sale of the surplus (?) commercial land properties of these companies. Out of the 26 public sector enterprises for which the government has approved the revival package, more than 15 enterprises have surplus real estates including commercial land properties, buildings,office spaces, hospitals, schools, etc.

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Industrial Areas on a Decline

2007-10-15T09:30:00.000-07:00

Some 120 years ago, a few dynamic and innovative entrepreneurs of Ludhiana started manufacturing different types of sewing machines for the region spreading up to Lahore. Now a days, this glorious industry of Ludhiana is on a decline due to the Taiwanese, Japanese and Chinese machines.

Chinese manufacturers are resorting to all sorts of unfair and foul trade practices with a view to uproot our sewing machine industry. “I was shocked to see my brand name V. Ratna and Company on Chinese machines during my trip to China as a part of a 30 member delegation”, said a Ludhiana based sewing machines manufacturer.

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Where Corporations put their money? By Peter Gillepsie

2007-10-14T21:02:00.000-07:00

For multinational corporations, OFCs provide opportunities for “profit laundering”, carrying out transactions that assign profits and losses on paper according to where taxes can be minimised. Profit laundering is frequently done through offshore shell companies that have no function other than holding corporate assets.

To conceal profits a company might transfer the ownership of patents, copyrights or other intangibles to offshore shell companies and collect royalties in a low-tax jurisdiction. Earlier this year, the pharmaceutical company Merck was assessed $2.3 billion in US back taxes for transferring its drug patents to a Bermuda shell company and then deducting from its taxes the royalties it paid itself. High technology companies such as Microsoft are engaged in similar strategies. Read More..........

Developing nations sidelined for IMF top job By Emad Mekay

2007-10-14T20:51:00.000-07:00

The statement by the Group of 24 (G24), which operates as an association of minority shareholders in the IMF and the World Bank and which has previously complained about the lack of democracy at the IMF, was also seen as one of the clearest signals of distrust in how the IMF is being run.
It came as sources at the IMF tell IPS that highly qualified candidates from developing nations are hesitating to apply for the managing director position because they see the process as skewed in favour of the European candidate, Dominique Strauss-Kahn. They say that the near-unanimous agreement among European finance ministers to back Strauss-Kahn makes the successful outcome of his nomination a done deal.

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The growing abuse of transfer pricing by MNCs By Kavaljit Singh

2007-10-14T20:36:00.000-07:00

Not only do MNCs reap higher profits by manipulating transfer pricing: there is also a substantial loss of tax revenue to countries, particularly developing ones, that rely more on corporate income tax to finance their development programmes. Besides, governments are already under pressume to lower taxes as a means of attracting investment or retaining a corporation’s operations in their country. This leads to a heavier tax burden on ordinary citizens for financing social and developmental programmes. Although several instances of fictitious transfer pricing have come to public notice in recent years, there are no reliable estimates of the loss of tax revenue globally. The Indian tax authorities are expecting to garner an additional US$111 million each year from with the help of new regulations on transfer pricing introduced in 2001.

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Where Corporations put their money? By Peter Gillepsie

2007-10-14T09:39:00.000-07:00

Offshore tax havens - now known by the more polite term “offshore financial centres” or OFCs–are today a deeply entrenched part of the global financial system. There are more than 70 OFCs in places such as the Cayman Islands, the Bahamas, Barbados, Jersey, the Isle of Man, Manaco, Cyprus, Luxembourg, Macao and a number of South Pacific Islands. Most but not all are small island states. Some of the banking facilities based in these tax havens are little more than a computer in a closet, but most are subsidiaries of mainstream banks headquartered in London,Zurich, New York and Toronto.
OFCs levy little or no tax on property, and provide minimal rules related to licensing and incorporation. Financial institutions and corporations can conduct their business without having a physical presence in these jurisdictions. Most importantly, OFCs guarantee anonymity so that their clients are beyond the scrutiny of tax authorities and regulators in their countries of residence.
These characteristics have attracted corporations and wealthy individuals to move their assets offshore. In the early 1990s, the Bank for International Settlements estimated that total offshore cash holdings were five times the sum available to the world’s central banks. In its 1998 World Wealth Report, Merrill Lynch estimated that one-third of the wealth of the world’s richest individuals, or US $11 trillion, was held offshore. Between 50% and 60% of all global trade is conducted through OFCs, and half the global monetary stock is estimated to pass through OFCs at somepoint.

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Developing nations sidelined for IMF top job By Emad Mekay

2007-10-14T09:35:00.000-07:00

{Developing country members of the International Monetary Fund (IMF) have reiterated the call for openness and transparency in deciding on the next Fund chief, as concerns persist that the selection process is skewed in favour of the European candidate}
A coalition of developing countries at the International Monetary Fund issued a tacit warning on 23 July that the highly political process of selecting the next IMF chief may be intimidating non-European countries from putting forth candidates, and further discrediting the institution.
The statement by the Group of 24 (G24), which operates as an association of minority shareholders in the IMF and the World Bank and which has previously complained about the lack of democracy at the IMF, was also seen as one of the clearest signals of distrust in how the IMF is being run.

It came as sources at the IMF tell IPS that highly qualified candidates from developing nations are hesitating to apply for the managing director position because they see the process as skewed in favour of the European candidate, Dominique Strauss-Kahn. They say that the near-unanimous agreement among European finance ministers to back Strauss-Kahn makes the successful outcome of his nomination a done deal.
A source inside the Fund, who wished to remain anonymous, says that South African Finance Minister Trevor Manuel is a favourite of some countries, even though he has not publicly expressed interest. They have confided that they do not want to put his name forward before receiving guarantees that transparency and democracy pledges by rich nations will be honoured.

Sources say that Manuel would be a highly competitive candidate given his long-term tenure as chairman of the Joint Development Committee which coordinates activities of the IMF and the World Bank, and his credibility in dealing with many of the issues facing poor nations.
The 24 member Board of Executive Directors that helps run the day-to-day affairs of the Washington based IMF recently asserted that the selection of the next managing director would be transparent and democratic and that all 185 members of the Fund were free to nominate candidates. The board vowed that this time around, it would be a merit-based process with clear criteria, no geographic preference, and the objective of selecting the managing director by consensus rather than by a simple majority of votes. But on 10 July, the European nations, who together have the largest bloc of votes on the board, quickly rallied behind the French candidate, former finance minister Strauss-Kahn, effectively declaring that they will not even consider others.
“A strong commitment to an open, transparent and multilateral selection process will greatly enhance the legitimacy and effectiveness of the next Managing Director and of the institution at a time when the IMF is confronted with fundamental challenges to its relevance and viability,” said the statement.

Under an unwritten agreement with the United States, European countries choose the head of the IMF in return for Washington naming the president of the Fund’s sister institution, the World Bank. The G24 has consistently called for a change of this practice.
Civil society groups, think-tanks, some economists and developing nations have long urged a followup of recommendations made in April 2001 by a joint World Bank-IMF working group on how to choose the managing director. The recommendations called for opening up the process. But although the two institutions’ executive boards adopted the recommendations as guidance for the future, they were never implemented.

US gave huge industrial subsidies, while now proposing WTO ban By Samuel Bollier and Robert Weisaman

2007-10-14T09:31:00.000-07:00

{While the US seeks a WTO ban on certain types of industrial subsidies, there exists within its own borders an entrenched culture of corporate-welfare provision.}
The United States in June brazenly proposed to expand the list of subsidies prohibited under the WTO’s Agreement on Subsidies and Countervailing Measures.
Many developing countries reacted angrily, Firstly, they complained, the US sought to deprive developing nations of many of the toolsit used to facilitate its own industrialization.Secondly, the US did not propose to eliminate the heavy agricultural subsidies on which it still relies.
These objections to the US proposal were meritorious, but they overlooked the ongoing pervasiveness of subsidization in the US economy, including some fo the very practices the US seeks to prohibit through the WTO–but which it certainly does not intend to abandon for its own economy.
The US proposal would prohibit government payments or loans to, or investments in, failing companies. Over the last several decades, however, the US has frequently undertaken such measures for industries or companies in distress.
Most notably, to the wake of 9/11, the US Congress approved $15 billion in cash and loans to 55 airline companies, prime among them American, Delta and United Airlines. This consisted of $5 billion of aid and $10 billion in guaranteed loans. The Air Transportation Stablization Board was created to issue these loans.After its bankruptcy and subsequent bailout, US Airways demanded that the Pension Benefit Guarantee Corporation (PBGC), a government run corporation, help pay the pensions of its workers.The matter remains unresolved.
This was not a unique case.Since 1970, the US government has bailed out numerous firms.
Double standards
More generally, the US may fairly be accused of double standards at the WTO for urging a prohibition on certain categories of give aways, subidies of different kinds within its own borders.
To highlight just a few example–
• The 1872 Mining Act allows companies to buy federal landat the giveaway price of $5 on acre for mining purposes and does not require any royalties on the profits obtained from extracting these minerals. Thanks to the 1872 Mining Act, the government–and the tax payers–are being robbed of billions of dollars of wealth that is extracted from land that is legally theirs.
Another example–
• The US provides hundreds of millions of dollars in loans and loan guarantees to exporters and US firms investing overseas through the Export-Import Bank and the Overseas Private Investment Corporation. These benefits are typically conferred on health companies, but they provide massive subsidies by instituting the US government as an enforce for overseas partners financial obligations.
There has evolved in IV Washington, DC aculture of corporate-welfare provisions or found as to make almost unimaginable US demands that other countries eliminate industrial subsidies.
It is true that whileWashington has a long history of bailing out companies in distress, the vast majority of US corporate welfare goes to companies that are in fine financial shape. But doesn’t this make such subsidies less rather than more defensible ?

“Doha is dead”, time to rethink a new model of trade By Kanaga Raja

2007-10-14T09:22:00.000-07:00

On 17 July, the day the modalities texts were issued, more than 90 civil society groups from developed and developing countries urged trade ministers to “declare the Doha Round... dead” and pave the way for a new, development and environment-centred global trade regime.
Over 90 civil society organisations from all over the world have sent a letter to their trade ministers calling on them to acknowledge the failure of the Doha Round and to institute a two-year moratorium to provide the time and space necessary to rethink the model and process of global trade negotiations.

The call by the civil society groups came just as the chairs of the agriculture and non-agricultural market access (NAMA) negotiations at theWTO issued their revised draft modalities texts on 17 July.

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Cola’s new mantra : ‘grab and grow’

2007-10-14T09:12:00.000-07:00

June 7, 2007

“One thing I should have done was to appear in India three years ago and say : ‘Cut it out. These products are the safest in the world, bar none and your tests are wrong”, PepsiCo CEO and global chief Indra Nooyi told US-based magazine Business Week in an interview. It is a typical example of the alienated state of a colonised mind that India-born Houston citizen Nooyi possesses. Working for promotion of the interests of an American company, she not only scolded science which is universal, but also questioned the credibility, reliability and authenticity of Indian scientific laboratories.
Before the pesticides-in-cola controversy, the Supreme Court had pulled up PepsiCo in December 2002 for damaging environment by painting advertisements on rocks in the Himalayan mountains. Afterwards, the company was condemned worldwide for depleting ground water for its various bottling plants in India. It is worth mentioning here that she was CFO of PepsiCo at that time.
PepsiCo India Holdings Private Limited asked the government to delete the 1997 clause which requires it to divest to Indian shareholders 49 per cent equity in bottling operations acquired from independent local bottlers within five years from the date of acquisition. The company sought the deletion of this clause with the argument that the existing policy allows 100 per cent FDI in food processing.

June 9, 2007
PepsiCo International said it would build a snacks production plant in the Russian town of Azov and invest $ 170 million over 5 years in the project.

June 18, 2007
In the backdrop of pesticides in cola controversy, Pepsi India decided to stamp a quality assurance seal of ‘One Quality Worldwide’ across all its product labels of carbonated beverages, non-carbs, flavours, sports drink Gatorada, aquafina water and snack foods. It is yet another gimmic of PepsiCo to try to win the confidance of consumers who have abandoned its products questioning their quality. Since the pesticide controversy, the company has been running counter campaigns including advertisements in the mass media. One of the adds even showed Rajeev Bakshi, the then chairman, talking about the products being safe.
Taking cue from its ‘Red Lounge’ experience of the US and Singapore, Coca-Cola is moving beyond just delivering bottles at retail points into the lounge bandwagon. It aims at providing a one-time stop destination for the youth to hang out, which offers a variety of attraction such as watching TV on a giant CD screen, playing video games, surfing the net and chatting.

June 27, 2007
Coca-Cola India awarded a Rs. 84 crore contract to Jain Irrigation System for supplying mango pulp for Mazza. Jain Irrigation recently acquired the Israeli firm–Nandan.

July 1, 2007
PepsiCo Inc’s chairperson and CEO Indra K. Nooyi, an old hand in mergers and acquisitions, mergers gave the mantra of ‘Grab and Grow’ to the India team. Since the company generates worldwide $ 5 billion surplus cash every year, their is no limit on the number of acquisitions. She told the India office to push hand for buyouts in milk-based beverages, juices and convenience food this year. She had expanded the PepsiCo’s empire by leading the company’s team that acquired Quake Oats in a $ 13.8 billion deal - as well as Tropican Juices.

July 2, 2007
In a story entitled ‘Coke develops thirst for sustainability’, Jenny Wiggins wrote, “Anti-Coke websites claim the business model of the world’s leading soft drinks group involves ‘waste, pollution and questionable nutrition’... A survey in March on Coke Europe by Dutch management school Vleric Leuven Ghent found more than 40 per cent people canvassed thought the soft drinkss group was not making a positive contribution to society.”
{Compilation : Dr. Anandi}

Easier divestment norms may soon greet MNCs

2007-10-14T09:10:00.000-07:00

In a move that could ease entry of foreign companies into India, the government may review the policy of imposing a disinvestment clause on foreign companies in key sectors such as petroleum, food processing and chemicals. The finance ministry is taking up the matter and will invite comments from various ministries before changing the policy.
The food processing ministry will comments on the recent issue of mandatory disinvestment in bottling operations for Pepsi. British Gas faced a similar problem but was later exempted from divestment from FIPB.
Pepsi had urged the Foreign Investment Promotion Board (DIPP) to waive off the mandatory divestment condition in the company’s bottling plants in India. The company has to shed 49% equity this year in Kools Drinks Beverages, a company it acquired in 2002. The company has bottling operations in Punjab, parts of Haryana as well as Himachal Pradesh. Pepsi had given an assurance to the government in 1997 that it would divest 49% in its bottling operations in 10 years. In 2002 the FIPB forced coca cola to divest 49% in its bottling operations despite repeated requests from the multinational. Coke referred to huge losses as the reason for not going in for an initial public offering (IPO) and finally opted for a private placement. Subsequently, the Atlanta-based Company bought back the shares from domestic investors.
Last month, the Foreign Investment Promotion board (FIPB) rejected a plea from Pharma major Colorcon to waive the mandatory dilution of its shareholding to 74% in its Indian venture. FIPB took a strong stand on Colorcon since the company was supposed to carry out the equity dilution by 2004. Though three years have gone by, no equity dilution has been carried out. Since the deadline has been missed, the board has decided to ask RBI to take action against the Pharma Company. Colorcon did not seek more time to comply with the condition.
Last year, in the case of British Gas, the FIPB had provided exemption from the mandatory divestment clause. The company was given the nod for holding a 50% equity in Mahanagar Gas (MGL) in December 2006.
The company had requested FIPB to grant a year’s extension for continuing with its existing equity stake of 50% in MGL. Even though the Petroleum Ministry did not support the extension of one year for continuing the foreign equity holding, the FIPB had approved the extension.
{The Economic Times, 1 August 2007}

Country–specific centres to act as FDI magnets

2007-10-14T08:52:00.000-07:00

The government plans to float a joint venture company with private sector to set up country specific investment promotion centres in India and abroad. The move aims at involving industry in attracting FDI. As per a proposal prepared by the Department of Industrial Policy and Promotion (DIPP), apex industry chambers would be asked to set up a society / trust or a company in collaboration with the Centre. This would then set up separate offices in the country and abroad where all information pertaining to investment in the country would be provided. Various clearances would be handled by such windows to facilitate faster FDI clearances.
Under the new scheme, 10 country-specific windows focussing on investment promotion from the US, Japan, Taiwan, UK, Germany, Singapore, France, South Korea, Switzerland and Italy would be set up. Industry chambers would also be associated in the functioning of these windows before actually becoming stakeholders at a later stage. The new scheme would merge the existing two schemes–Undertaking Investment Promotion Activities and International Co-operation; and Joint Venture Asia Enterprise.

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Corporate invasion is in full swing, only people's power can overthrow it

2007-10-14T08:47:00.000-07:00

The nation is under attack from multinational corporations. They are occupying space every where displacing the people and the state. Our life, livelihood and freedom are at stake. Governments are lying prostrate at the feet of corporate colonialism Wherever the masses are up in arms against it, the entire state machinary comes down heavily on them with a view to crush their voice and upsurge. Foreign companies and forces are operating here with no police or military force of their own. Instead, governments are working as their loyal security guards. Corporate invasion is manifold, from all sides and on all fronts.
During 15-16 years of corporate-led global economic regime, specially under the dictates of World Bank, IMF and WTO, the multinational corporations took over country's industrial, service and finance sectors and are now engaged with full vigour to do the same with agriculture and retail also, the two most vital and largest job-providing sectors in Indian economy. The agriculture is under severe attack on four fronts. First, multicrop fertile farmland is being acquired on a large scale for setting up mega industrial projects and Special Economic Zones (SEZs) for the benefit of corporate giants. Second, free export-import of foodgrains and other farm produce is destroying the fabric of our rural and agrarian econmy and life. Government policies are designed so as to subsidise agri-business corporations at the cost of the lives of our farmers, who are thus forced to committ suicide. Third, agriculture has become unremunerative and loss-making as supply of inputs like seeds, fertilisers, pesticides, etc. are in the hands of big corporations, government subsidies are negetive, and minimum support prices of agricultural commodities are much below the total costs incurred therein. Fourth, in the name of launching second green revolution, India and US joint agreement—Indo-US Knowledge Initiative in Agricultural Research, Education and Training will completely hand-over entire farming to multinational corporations displacing millions and millions of farmers, and farm-related workers.
Retail is next to agriculture. Wal-Marti sation of Indian retail business is on the anvil. Retail provides bread to 40 million households and now their very survival is threatened due to the entry of domestic and foreign big corporate houses in this sector. Government is making conducive environment for them.
The state has succumbed to them but the people have not. It is really a healthy sign that people everywhere are opposing on their own the establishment of corporate enclaves. They are spontaneously getting united and are providing leadership to protest movements. More or less, they have identified their first immediate enemy-multinational corporation Multinationals should be forced to realise that it is now not safe to continue their operations here. This is possible if these grass-roots protest movements consolidete and converge into a nationwide mass movement against corporate colonialism. They have the tested and tried weapons-weapons of non-cooperation and civil disobedience. Farmers, small retailers and youths should come forward and take the lead in this new freedom movement.

SEZs to empower corporations and pauperise millions and millions By Dr. Devendra Prasad Pandey

2007-10-14T07:57:00.000-07:00

The mass protest against SEZs gains momentum as the list of SEZs gets longer. The menace of huge displacement and the government’s pathetic record on rehabilitation imparts urgency to the situation. Faced with stiff resistance mounted by the local populations, farmers, agricultural labourers and villagers, some people have started saying that fertile cropland should not be divested for industrialisation and whenever possible, SEZs should come up on wasteland and not on very good farmland. Land is a state subject and the state governments are acquiring huge tracts of agricultural land from the farmers under the pretext of ‘public interest’, using the colonial Land Acquisition Act, 1894.
India has 55.2 million ha of wasteland (Down to Earth, Nov. 15, 2006). Acquiring wasteland for SEZs has been touted as an acceptable compromise, but several questions need to be answered because wastelands seem to be in high demand. As per the Planning Commission report 11 million ha is needed for Jatropha plantation. As per the Confederation of Indian Industry estimates 36 million ha is needed for the paper and pulp industry.

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NUCLEAR DEAL – LESS DISCUSSED CONCERNS By V.C. NANDA

2007-10-14T07:45:00.000-07:00

The world is well aware of the risks inherent in reactor accidents. This is why nowhere, with the exception of France have any new reactors been set up in the last thirty years. Any possible rethinking must have been hastily put at rest by the disaster at Chernobyl, located in Russia – a developed nuclear technology country. The accident in the three mile island also in ‘developed’ U.S.A. appears to have been forgotten, as the place was uninhabited. But a public sector nuclear weapon plant near Denver in USA was closed in 1989 on orders of Environment Protection Agency (EPA) after discovery of radioactive leak. Thousands of workers are fighting the government for compensation and health care reimbursement. With the government taking advantage of cleverly worded legislation only some of them have thus for received help. A report in New York Times of June 13, 2007, mentioning that 67 of them have so far died has revived unpleasant memories. No wonder USA prefers gas based energy production to new nuclear reactors. Switzerland through a referendum has decided against nuclear reactors.
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Gandhi, Religion and Indian Nationalism By Ram Puniyani

2007-10-14T07:22:00.000-07:00

Even before coming to India, the Mahatma had sharpened his philosophyand political methods. When he returned from South Africa, India was in the grip of religiosity and broad masses were part of the churning process due to the on going social changes. Broadly they were not yet major part of freedom movement. Gandhi on one hand had the exposure toliberal British political system and on the other had experienced there pressive South African regime, which was practicing apartheid. InIndia the social changes were slow to come by. The elite through different political formations dominated political process at that point of time. We had Indian National Congress, mainly espousing Indian nationalism, where the elite were the main participants. In Muslim League and Hindu Mahasabha, the landlords and princes were the core participants, later they were joined in by those few who came from the background of modern education. They were not from the landed gentry but they did develop political ideologies suiting the interests of feudal classes. Gandhi's decision, to launch non-cooperation movement, and to involve broad layers of society, alienated some ofelites from within Congress. Those from communal organizations werenot concerned about freedom movement anyway. Some from the Congress left in due course of time to join the communal formations. Gandhi was firm on the involvement of whole nation in the process of national movement.
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ARE GENETICALLY ENGINEERED CROPS THE ANSWER TO INDIA’S AGRARIAN CRISIS By Suman Sahai

2007-10-14T05:58:00.000-07:00

The principal reasons for farmer indebtedness were identified as the growing cost of cultivation owing to higher input prices and higher cost for labor which increased the requirement for cash in the farm families. On the other hand, prices for agriculture products were plummeting.

The combination of high cost of production, low market price and non availability of easy credit to meet the cash requirements of the farm family led to an astronomic debt burden that the farmers could not cope with. In addition to the agriculture loans, the farmers’ debt burden became heavier because of personal loans taken for social needs like marriages and education.
The study found that the crisis becomes acute when the farmers have exhausted their credit with banks (when such were available), and have turned to the private money lenders who charge usurious rates of up to 60 per cent per annum. These cannot be repaid given the adverse economics of production costs.

Heavy rural indebtedness is the result of diminishing investment in agriculture which has reduced credit availability to cultivators. Allocation to agriculture and allied sectors from the total outlay for the Five-Year Plans has fallen from 14.9% during the First Plan to 5.2% during the Tenth Plan.

Apart from the crisis of available credit, crop failures have risen, especially in the last four to five years during which period farmers had moved increasingly to cash crops. This happened even when the monsoons were good. The crop failures were found correlated with heavy outlay on agrichemical inputs , use of hybrid seeds and genetically engineered cotton. According to the TISS report, the crisis in Vidarbha was more pronounced in the rainfed areas than in the irrigated areas, indicating the limiting role that the availability of water is beginning to play in agricultural productivity in all parts of India.
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TRIPS and Bio Diversity: A gender perspective By Suman Sahai

2007-10-14T05:44:00.000-07:00

Communities often have well-defined gender roles in plant and seed selection and storage. Traditionally women in Asia often use a variety of indigenous plants, trees and animals, and they have a direct stake in conservation. The Neem tree, for example, is used as a bactericidal agent in agriculture, in the household for storing food and to prevent infections. Women tend to take a lead role in preserving and conserving croplands, forests and other natural resources for perpetual use. Men are more likely to be involved in converting these resources into cash. Women are also often the traditional caretakers of genetic and species diversity in agriculture. Their knowledge of growing conditions and nutritional characteristics of various species skills them in seed selection and plant breeding. In many societies, it is women who are mainly responsible for this, as well as for seed exchange and preservation of local bio diversity, often gathering fruits and medicinal plants from forests for immediate use or for sale at local markets.

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US Farm Bill 2007: Cat among pigeons By Devinder Sharma

2007-10-05T05:44:00.000-07:00

As a child I had always wondered as to why pigeons shut its eyes when it sees a cat. After all, how naïve or stupid depending on how you perceive the act, can the pigeons be to think that a visible threat to its life, which is as sure as death, can be simply warded-off by keeping eyes wide shut.

I gave up as I grew. But now I realise that the educated elite, especially if they happen to be macro-economists or trade negotiators are a step ahead of pigeons. The only difference being that while pigeons meet a gory end, whereas the trade negotiators and economists are clever enough to escape by ensuring that the axe falls on the poor and marginalized. No wonder, as the trade negotiators from 150 member countries of World Trade Organisation (WTO) assemble at Geneva to resume negotiations, I am told the 'mood' seems to be upbeat and 'just right'. There are enough indications that developing country negotiators will brush aside all threats to agriculture and industrial sector and instead join the rich and ...............Read More

WITHER JUDICIAL ACCOUNTABILITY? THE CASE OF JUSTICE SABHARWAL: DISQUIETING FACTS, DISTURBING IMPLICATIONS

2007-10-05T03:16:00.000-07:00

Minakshi
PNN: 3, Aug. The issue of accountability of the higher judiciary has long been troubling all sections of society so at a press conference held in Press Club of India the former Law minister Shanti Bhushan and sr. advocate Supreme court Prashant Bhushan among others highlighted a grave case of judicial misconduct at the Apex of Indian Judiciary on behalf of campaign for Judicial Accountability and Reforms.

Prashant Bhushan exposed that on 16'" February 2006, the then Chief Justice of India, Y.K. Sabharwal passed a detailed order setting into motion the process of sealing of properties in designated residential areas of Delhi, being used for commercial purposes, forcing to buy or rent premises in shopping malls and commercial complexes.. ..........Read More

JUSTICE SABHARWAL’S DEFENCE BECOMES MURKIER: STIFLING PUBLIC EXPOSURE BY USING CONTEMPT POWERS

2007-10-05T03:01:00.000-07:00

Justice Sabharwal finally broke his silence in a signed piece in the Times of India. His defence proceeds by ignoring and sidestepping the inconvenient and emphasizing the irrelevant if it can evoke sympathy. To examine the adequacy of his defence, we need to see his defence against the gravamen of each charge against him.

Charge No. 1. That his son’s companies had shifted their registered offices to his official residence.

Justice Sabharwal’s response: That as soon as he came to know he ordered his son’s to shift it back.

Our Rejoinder: This is False. In April 2007, in a recorded interview with the Midday reporter M.K. Tayal he feigned total ignorance of the shifting of the offices to his official residence. Copy of the CD containing the said conversation is attached hereto as Annexure I. In fact, the registered offices were shifted back from his official residence to his Punjabi Bagh residence exactly on the day that the BPTP mall developers became his sons partners, making it very risky to continue at his official residence. Copies of the document showing the date of induction of Kabul Chawla, the promoter and owner of BPTP in Pawan Impex Pvt. Ltd., one of the companies of Jutstice Sabharwal’s sons, and Form no. 18 showing the shifting of the registered office from the official residence of Justice Sabharwal to his family residence on 23rd October 2004 are attached hereto as Annexure II (Colly).......... . Read More

World Bank Prescriptions and Structural Changes in Higher Education in India By Dr. Madhu Prasad

2007-10-05T02:37:00.000-07:00

The crisis in higher education is endemic. Higher education requires to be greatly expanded – currently only about 10% of the relevant age group is engaged in higher studies. From 1950-51 to 2004-05, the number of universities increased from 28 to 348, colleges from 578 to 17,625. Although enrolment in higher education has registered a steep hike from 0.17 million to 10.48 million, in comparison the Chinese higher education system caters to nearly 23 million students. It is estimated that India needs at least 3,000 more post secondary institutions with an enrolment capacity of not less than 10,000 students to meet the increasing demand for higher learning. [Bhargava, P. (2006) `Knowledge and National Developement’, paper presented at the National Seminar on the Education Commission organized by NUEPA. New Delhi Dec. 2006] .............Read More

‘TRIBUNAL CHARGES BANK WITH SERIOUS VIOLATIONS OF DEMOCRACY, HUMAN RIGHTS AND SOVEREIGNTY’

2007-10-05T02:31:00.000-07:00

World Bank Officials Refuse to be Held Accountable

New Delhi: The four day Independent Peoples Tribunal (IPT) on the World Bank in India concluded here today hearing numerous depositions indicting the Bank’s policy and project interventions in India. Over six hundred people from communities, social movements, research institutes, NGOs and universities attended the proceedings. The Tribunal, supported by the Jawaharlal University’s Teachers Association and Students’ Union was held in the university premises.

The IPT invited the World Bank two weeks ago and while they did agree to make a presentation responding to some of the evidence, they failed to show up despite provision of adequate space and time by the organisers. They stated on their website that they had taken this decision because they are not accountable to the Tribunal process. We must record our shock at their blatant disregard of any need to be accountable to civil society and to a Jury comprising retired justices of the Supreme and High Courts as well as leading writers, academics, religious leaders and activists. .........Read More

Preliminary Findings by the Jury of the Independent People’s Tribunal on the World Bank Group in India

2007-10-05T02:15:00.000-07:00

We, the twelve jury members, have listened to four days of testimony and depositions from affected people, experts and academics from some 60 grass roots, civil society groups and communities from all over India. The presentations covered 26 different sectors of economic and social development, ranging in scope from the macro-economic impact of wide ranging economic policies to testimony from representatives of communities said to have been harmed and impoverished by specific World Bank financed projects. Our members include former justices of the Indian Supreme Court and High Courts, lawyers, writers, scientists, economists, religious leaders, and former Indian government officials. We note that the World Bank Delhi office received an invitation to attend the Tribunal two weeks in advance, but did not wish to participate in the proceedings..........Read More

The IMF, The World Bank, and Structural Adjustment

2007-10-05T01:56:00.000-07:00

What are the IMF and World Bank?
The IMF and World Bank are controlled by the wealthy governments of the world, led by the U.S., the U.K., Japan, Germany, France, Canada, and Italy – the "Group of 7," which holds over 40% of the votes on their boards. Their function is to impose economic austerity policies in the countries of the so-called “Third World” or “global South” and the “transition economies” of the former Soviet bloc.

Once countries build up large external debts, as most of those in Africa, Asia, Latin America, and the Caribbean have, they cannot get credit or cash anywhere else and are forced to go to these international institutions and accept whatever conditions are demanded of them. None of the countries has emerged from their debt problems; indeed most countries now have much higher levels of debt than when they first accepted IMF/World Bank “assistance.” .........Read More

THE REVOLVING DOOR OF THE WORLD BANK

2007-10-05T01:48:00.000-07:00

Suborning policy and decision makers by its pocketbook
By Prashant Bhushan

Joseph Stiglitz, the Nobel laureate and former Chief Economist of the World Bank in his frank critique of the World Bank and IMF, “Globalisation and its discontents”, notes that “The institutions are dominated not just by the wealthiest industrial countries but also by commercial and financial interests in those countries, and the policies of the institutions naturally reflect this”. This, he says, happens because the World Bank and other Multi-lateral financial institutions are controlled by the wealthy countries. For the WB/IMF, these countries are represented by their Finance Ministers and Central Bank Governors. He goes on to say, “The Finance Ministers and Central Bank governors typically have close ties with the financial community; they come from financial firms, and after their period in government service, that is where they return. These individuals naturally see the world through the eyes of the financial community. The decisions of any institution naturally reflect the perspectives and interests of those who make the decisions; not surprisingly, the policies of the international financial institutions are all too often closely aligned with the commercial ........Read More

STATEMENT ON CONTEMPT OF COURT AND JUDICIAL ACCOUNTABILITY IN THE CONTEXT OF CASE AGAINST MIDDAY.

2007-10-05T01:39:00.000-07:00

The Delhi High Court has held the editors, publisher and cartoonist of Midday guilty of contempt of Court. What was their crime? That they carried investigative reports about how the former Chief Justice of India, Justice Y.K. Sabharwal passed orders for sealing lakhs of commercial establishments operating from residential areas, while his sons had got into partnerships with Shopping Mall and commercial complex developers who stood to benefit from his sealing orders. The stories were based essentially on documents obtained from the website of the department of Company affairs. The matter was thereafter investigated by eminent members of the Campaign for Judicial Accountability and reforms who issued a very serious and damaging Press Release about the judicial misconduct involved in Justice Sabharwal dealing with the sealing cases (where he had a conflict of interest) and on the need to investigate the aspect of his having conspired with the Mall and Commercial complex developers to pass the sealing orders, particularly in the context of the manner in which Justice Sabharwal came to deal with the sealing case, the timing of his orders, and the cementing of partnerships between his sons and the commercial complex developers. Though Justice Sabharwal has responded to the charges, the Campaign for Judicial Accountablity has issued a rejoinder which shows that the matter needs to be thoroughly investigated. Eminent judges like Justices V.R. Krishna Iyer and J.S. Verma have endorsed the need to have a thorough investigation into the charges.

The Delhi High Court has held the Midday staff guilty of Contempt without disputing the factual accuracy of the their reports, only on the basis that such reports about a former Chief Justice functioning in his judicial capacity, where he was also sitting with other judges, brings the entire judiciary into disrepute and therefore amounts to Contempt. This view if accepted, would make the amendment in the Contempt of Courts Act, making truth a defence, irrelevant, and more importantly, make it impossible to ever bring judicial corruption to public view. We are firmly of the view that preventing exposure of Judicial corruption by using the threat of contempt will only bring the judiciary to greater contempt and disrepute in the eyes of the common people.

We believe that Midday was only doing its duty, namely reporting on the facts of an important case which is a part of freedom of expression and which is crucial for the healthy functioning of democracy anywhere in the world.

We therefore urge the Court to immediately recall the orders against Midday. We believe since a prima facie case has been established against Justice Sabharwal, there needs to be a thorough investigation, and further follow up action as required. Only that will restore public confidence in the judiciary. This is a great moment for the judiciary to establish its credentials as being impartial and show to the public that it stands apart from the other institutions of society that are under a cloud of corruption and declining credibility in the eyes of the public.

Punishing the staff of Midday who performed a valuable public service by investigating and exposing the matter, will not only be unjust, but will send an improper signal to the media and the citizens in general that the judiciary is aiding in covering up wrong doing within its ranks. If that be the ultimate decision of the High Court in this matter, then we the signatories of this statement by supporting the action of Midday in publishing the report are equally guilty of supporting the Freedom of Press which the Court has punished.

We also appeal to the public at large and members of the judicial fraternity in particular to come out in support of the Freedom of Press and an immediate stop to the misuse of contempt of court proceedings to curtail such freedom.

SIGNED BY:
Admiral R.H. Tahiliani (former Naval Chief and Chairman of Transparency International, India)
S.P. Shukla (Former Finance Secretary, and Member Planning Commission, Govt of India)
Ramaswamy Iyer (former Water Resources Secretary, Govt of India)
Romilla Thapar (Historian)
Aruna Roy (Founder MKSS and former Member, N.A.C.)
Medha Patkar (Founder Narmada Bachao Andolan)
Arundhati Roy (Writer)
Vandana Shiva (Environmental campaigner, founder Navdanya)
Swami Agnivesh (Social reformer)
Rajendra Singh (Water Campaigner, Magsaysay awardee)
Tarun Tejpal (Editor, Tehelka)
Madhu Bhaduri (IFS, Former Ambassador of India)
Amit Bhaduri (Former Professor of Economics, JNU)
Arun Kumar (Professor Economics, JNU)
Praful Bidwai (Journalist)
Shailesh Gandhi (Convenor, National Campaign for People’s Right to Info)
Nikhil De (Social Activist and RTI Campaigner)
Arvind Kejriwal (RTI Campaigner, Magsaysay awardee)

World Bank on trial

2007-10-05T01:25:00.000-07:00

On September 21, 2007, hundreds of people will assemble in New Delhi to put the World Bank Group on trial. In four days of parallel sessions in front of more than a dozen judges, people from all walks of life will air their grievances against one of the world's most powerful institutions. In convening an Independent People's Tribunal on the World Bank Group in India, they are attempting to do more than simply chalk up another protest against injustice. The People's Tribunal is also a shrewd political strategy, aimed at renewing a silenced debate over neo-liberalism and economic policy. But most profoundly, it is a direct assault on one of the Bank's (and the elites') most powerful tools: the monopoly of knowledge. By bringing into the limelight the testimony and personal experiences of the poor, adivasis, Dalits, women, and other marginalised people, it is in direct conflict with the World Bank's own means of understanding economic and social policy. That challenge is not one the World Bank can afford to ignore. ..........Read More

A Tale of Two Reports

2007-10-04T11:02:00.000-07:00

Institutionalisation of Communal Biases-Ram Puniyani
In the wake of the punishments being mated out to the culprits of Mumbai blasts of 1993, the logical demand of punishing the guilty of92-93 Mumbai carnage came up from different sections of society. Manya delegations met the political leadership to urge for implementationof Shrikrishna Commission report. This report impeccably pointed outthe role of different leaders, from Shiv Sena-BJP and even some fromCongress in the Mumbai riots. ...........Read More