I get a kick out of the breathless news that keeps flowing
around the NSA's spying on Germany. We're
supposed to be surprised or shocked that the U.S. would hack Chancellor Angela
Merkel's phone. Ooohhh! Say it isn't so! How could the land of the free and the home
of the brave, the house on the hill, the greatest power on Earth, stoop so low
as to reduce itself to petty tricks that despotic tyrants use? Thomas Oppermann, the parliamentary leader of
the Social Democrats reassured Germans that he, "expect(s) this issue to
be thoroughly clarified." Rest
well, Germans. You're about to be
bamboozled by political double-speak and the truth will not set you free! That's for two reasons. First, you'll never be told the truth. And second, you've never been free and that's
not about to change. And the 31 year old
German who was just arrested - like our dear Edward Snowden - will either be vilified
(if he's dumb enough to have played his whole hand) or relegated to anonymous
containment (if he's smart enough to keep better dirt on both the U.S. and
Germany than what's been leaked to date). Never mind though, Merkel and Spy-In-Chief
Obama were on the heavily tapped phone yesterday talking about Ukraine. I'm sure the Russians were listening.
I'm a bit surprised at how cheaply intelligence is being
sold these days. According to Bild,
this spy only pulled in about 25,000 euros for his trove of documents. You can't even get a good German car for that
to say nothing about the grand old days when spying could get you matching
Jaguars! Like everything else in this
damn digital world, Moore's Law is sucking all the premium out of espionage. In a few more years, James Bond will have to
take the Metro and stay at Holiday Inn Express.
And while we're watching Spy vs. Spy play out across the Atlantic,
we're ignoring a much greater crime unfold. Now I know that many of you are tired of
hearing about this one but I'm going to keep writing until you pay attention
and rise up to take a public stand on a great injustice of our times.
I don't know how many times the Corporatocracy has been
codified into the laws of a country in direct violation of its Constitution but
a recent set of events in Papua New Guinea have once again risen to
international media attention (everywhere but where investors look or
care). In the 1992 Mining Act of the
Independent State of Papua New Guinea, the laws of the country were expressly
forced (by Australian advisors and their Corporate Patrons) to exclude the U.N.
and Australian government authorized
Bougainville Copper Agreement Act of 1967. On June 6, 1967, the Australian company -
Bougainville Copper Pty. Limited (owned by Rio Tinto) - negotiated with the
"Territory of Papua New Guinea" (read Australian colonial appointed government)
to steal the copper and gold from Bougainville.
Steal. Isn't that a harsh
characterization? Absolutely not. At no point was there ANY market competition
or compensation for the right to develop the resources. At no point was there ANY objective education
of the people from whom the land would be taken to explain what they would
receive and what the mine would cost. And
now, 47 years later, NO AUSTRALIAN, MULTI-LATERAL agency, Securities
Enforcement Agency, or any other authority is standing in the way of a
repeating of the exact same unconscionable acts being carried out by BCL and
Rio Tinto today.
On June 25, Bloomberg's David Stringer wrote an article
stating that "Proposed Laws May Impact Bougainville Lease." Bloomberg - a news firm for which I have
enormous respect - carelessly reported that Bougainville Copper Ltd (BOC)
"controls a number of mining rights on Bougainville, including over the site
of the former Panguna mine…," never mentioning the fact that these rights
expired with the license over a year ago. David's in Melbourne. His "responsible editors" - Jason
Rogers, Andrew Hobbs and Madelene Pearson - failed to insure that the reporting
was based on facts appealing instead to the overt misrepresentations of the
company and its hired guns.
If one reads the denial of Appeal in the case brought by
citizens of Bougainville against Rio Tinto (Sarie v. Rio Tinto Plc, 02-56256, U.S. Court of Appeals for
the Ninth Circuit ) one can
readily see how far we've come from fairness and the rule of law. The Court, ruling against the Plaintiffs
concluded that "only Plaintiff's claims of genocide and war crimes fall
with the limited federal jurisdiction of the Act" (Alien Tort Statute) and
that unfortunately, the extraterritorial nature of this genocide and war crimes
activity tied the Court's hands from being able to adjudicate the case. In addition, Rio Tinto contended that they
couldn't be held liable because they were a corporation and that the Alien Tort
Statute only applies to people. The
Court (both majority and in dissent) found that it would be too imperialistic
to use the Courts of the U.S. as the arbiter of genocide and war crimes. I find that an ironic standard given the fact
that U.S. investors, U.S. pensions, and U.S. tax authorities have no problem in
benefiting from the activities of Rio Tinto.
When it comes to their revenue and investment income, we have jurisdiction
- when it comes to morality and war crimes - not so much.
Rio Tinto and BCL are now working to coerce the
Autonomous Government of Bougainville into granting them a de facto supra-legal status in the proposed new mining Act. During this same time, the citizens of Papua
New Guinea and the residents of Bougainville are watching as their government
does nothing to pursue the legitimate economic claims due the people -
compensation from as far back as 1989 which could be used to actually enable
the citizens to have self-determination. Over PNGK 140 million was earned by investing
the people's money held by BCL in Rio Tinto's investments. The Autonomous Government and the National
Government in PNG are not doing anything to insure that this fact is known. Rather they're letting their brand get sullied
by well-meaning but misinformed media outlets who are letting BCL and Rio Tinto
drive the message.
This is not right.
You can do something about it. If
you've got a 401(k) chances are you are invested in Rio Tinto. Let them know that you're not interested in
profiting from a Company that has to buy government officials, write laws to
subvert citizens' interests, and obfuscate economic benefits so profits can be
stolen. And if you can't find their
investor relations address, stop investing. It's even a greater offense to anonymously
support genocide and war crimes while pretending to be helpless in its face.
We should worry about what's happening in NSA spy
rings. We should be concerned about the
fact that we can't win if we haven't bribed the refs. That's poor form and bad sportsmanship. But its worse when we've got the facts right
in front of our faces and do nothing! That's
a real crime against humanity. Your own!