Posts tagged Africa

War on the Informal Sector (Cont’d)

  • Neutron Bomb Urbanism, from Stealth of Nations by Robert Neuwirth: in which Babatunde Fashola, arbitrary but energetic State Governor of Lagos, Nigeria, possessed of a gleaming vision and infrastructure and housing projects for Lagos, cordons off and destroys 10,000 people’s homes in the shantytown neighborhood of Badia East. This comes on the heels of his government’s destruction of homes and displacement of more than one million people in largely unannounced, government slum clearances [sic]. The same government has also demolished squatter communities in Makoko, razed street markets and criminalized street selling in the name of his gleaming visions and the socioeconomic cleansing that will scour his city of poor people’s homes, lives and livelihoods.

  • You will be assimilated: State of Illinois vs. Technological Progress and Human-Scale Trade, from Cameron Scott at SocialTimes. The company behind the Square credit-card processor — one of the single most beneficial developments in years for small-scale sellers, ranging from storefront small businesses to informal hawkers and yard sales (I use it myself for ALL Distro tabling events — is being targeted with a cease-and-desist order and a threat of massive overkill fines from the State of Illinois, because they offer an unlicensed alternative to existing businesses for transmitting money under the State of Illinois. Since they haven’t complied with the right paperwork for a state license that they couldn’t possibly have known they needed, based on the State Government of Illinois’ arbitrary declaration that it will classify them in the category of transmitting money rather than a merchant payment processor, the State of Illinois will now shake them down for a no-doubt expensive and certainly legally burdensome licensing settlement, or else it will assess a fine of $1,000 per transaction, $1,000 per day, and 4× the transaction amount for continuing to process credit card payments for individuals and small businesses. As usual, the state’s mad insistence on compliance at all costs, with a maddeningly complex, largely arbitrary and in practice completely unpredictable set of bureaucratic requirements, means an assault on any disruptive technology or low-overhead upstart, even those that maintain a superficially respectable corporate front; the only way to survive is to call in yet more lawyers, fill out more forms, and to sink yet more time and money into making yourself indistinguishable from every other financial business in operation. Before the Law stands a doorkeeper, and you must be made to see that he is mighty; after all, the clash-of-the-titans competition between oligopolistic bureaucratically managed, government regulated finance industry has of course served us all so well that its business model must be locked in and secured against upstart alternative business models, at every opportunity, no matter the cost to low-overhead alternatives and infrastructure and services that community businesses and human-scale commerce have come to depend on.

Also.

Patents kill, part IV

Here’s some passages from a great letter to the editor of the Daily Herarld (Sint Maarten, Dutch Caribbean), by my friend and fellow C4SSer Nathan Goodman.

Deadly Contradictions: Patent Privilege vs. Saving Lives

In his 2013 State of the Union address, US President Barack Obama claims that the U.S. will help end extreme poverty by saving the world’s children from preventable deaths, and by realizing the promise of an AIDS-free generation, which is within our reach. Sounds good, right? Unfortunately, the president directly contradicted these goals earlier in his speech by pushing the Trans-Pacific Partnership (TPP).

The TPP is typically presented as a free trade agreement, but there’s one type of trade barrier it proposes to strengthen: Intellectual property. Patents and other forms of intellectual property restrict trade by granting monopolies on the sharing of an idea or the manufacture of a product. Intellectual property makes it illegal to use your own personal property to manufacture a product and sell it on the market once the state has defined the very idea of that product as someone else’s property.

Intellectual property harms consumers by raising prices. For some goods this is just an economic cost. But when it comes to medicine, the price increases associated with pharmaceutical patents cost lives.

As Judit Rius Sanjuan of Doctors Without Borders says, Policies that restrict competition thwart our ability to improve the lives of millions with affordable, lifesaving treatments. . . . The Trans-Pacific Partnership would expand these already deadly patent monopolies, further restricting access to lifesaving medicines. Tido von Schoen-Angerer of Doctors Without Borders wrote in 2011 that leaked papers reveal a number of U.S. objectives: to make it impossible to challenge a patent before it is granted; to lower the bar required to get a patent (so that even drugs that are merely new forms of existing medicines, and don’t show a therapeutic improvement, can be protected by monopolies); and to push for new forms of intellectual property enforcement that give customs officials excessive powers to impound generic medicines suspected of breaching IP. Each of these provisions would use government force to prevent poor people from accessing medicine.

It’s clear that entrenching patent monopolies contradicts Obama’s stated goals of saving the world’s children from preventable deaths and realizing the promise of an AIDS-free generation. . . . Contradictions like this are nothing new for the state. While politicians repeatedly promise to protect public health, they have long used coercive power to raise medical costs, sacrificing public health for private profits. The state has long justified its power with the language of the public good, all while wielding that power to protect privilege.

If we really care about “saving the world’s children from preventable deaths” and “realizing the promise of an AIDS-free generation,” we must end this murderous collusion between state and corporate power.

We must smash the state and its deadly contradictions.

— Nathan Goodman, Deadly Contradictions: Patent Privilege vs. Saving Lives, in The Daily Herald (February 18, 2013)

Read the whole thing. Many thanks to Nathan for a great letter on an important point.

Patents kill people. They mean that the pharmaceutical cartel can call up the armed bully-boys of almost every government in the world in order to enforce artificially high prices for their top money-makers; and that means that State violence is being used to prevent affordable, life-saving drugs from reaching the desparate and the poor. The multilateral so-called free trade agreements of the past couple decades — NAFTA, CAFTA, the WTO, and now the TPP — selectively cut back on traditional industrial protectionism, but they simultaneously dramatically expand the scale, scope, and deadly reach of intellectual protectionism.

To hell with that. Intellectual property and patent privileges are not about incentivizing or encouraging or opportunities. Patents about pure, invasive force: invading other people’s property to force them to render long-term rents to corporate monopolists, long after the inventors have brought their ideas to market and long after they’ve stopped putting any particular work into what they are claiming to be theirs. A necessary corollary is that it also means invading those who offer incremental innovations based on the work that the patent holders control, unless those innovations comply with a very narrow set of guidelines for authorized use. They are tyrannical embargoes on creative intelligence, and prohibitions on the natural capacity to peacefully imitate, emulate and bring competing goods to market. Patnet holders have no right to do that, and they sure don’t have the right to do it at the expense of innocent people’s lives. A free society needs a free culture, free knowledge and free technology. Patents kill and freedom saves people’s lives. This is as dead simple as it gets. To hell with state monopolies; to hell with state capitalism.

Also.

Patents kill, part III

I’ve said it before, and I’ll say it again. Patents kill people.

Patent restrictions, inflicted in the name of intellectual property, are in reality nothing more than government-granted monopolies — granted in a deliberate effort to lock down ideas, which are, by nature, non-rivalrous resources, discoverable and available to all without conflict, deprivation or exclusion. This effort to monopolize access to human knowledge, and to extract monopoly profits for a term of years, can operate only by forbidding anyone else to peacefully produce — to imitate, duplicate, independently develop, or make improvements on the margin, to new technology and potentially life-saving discoveries. It has nothing to do with protecting property, and everything to do with protecting corporate power at the expense of massive invasions on property — on the equal liberty of generic competitors to make use of their own resources, computers, labs, chemicals and plants to produce and to market similar wares. In the industries dominated by patent privilege, incumbent trans-national corporations, like Roche and GlaxoSmithKline, ransom their fattened profits from legally-secured captive markets, and do it ultimately at the expense, not just of would-be competitors, but also at the expense of those who depend on patent-encumbered technologies for their well-being, their health, or their lives. When this is done to relatively privileged people and useful or enjoyable technologies, this is a crude form of protectionism, and an exploitative burden for the benefit of entrenched capitalists. When it is done to the poorest, most marginalized, and most desperate people, it is an obscene and lethal crime. And that’s what’s happened — just what’s happend — with pharmaceutical corporations’ protected monopolies on antiretroviral drugs for HIV in Africa. Patents kill. They killed millions in the last two decades alone, that open competition and lower prices could have saved. And this crime against humanity was inflicted knowingly, deliberately, not just by Big Pharma — they had no power to stop generics; they couldn’t have done it alone — but by the concerted effort of the United States government, the E.U. governments, the World Trade Organization, and WTO-controlled client states throughout the developing world. Due to the TRIPS protocols on international patents and copyrights — negotiated in the Uruguay Round of GATT and enforced through the World Trade Organization — neo-liberal trade agreements became the key mechanism for a deliberate international governmental campaign to protect the industrial structure of corporate capitalism, even though it meant suppressing the production and trade of affordable HIV drugs in the global South, and even though this inevitably meant millions of preventable deaths.

AMY GOODMAN: We’re broadcasting from the Sundance Film Festival in Park City, Utah. . . . As we turn now to another film about what some have described as the crime of the century. The new documentary, Fire in the Blood, explores how major pharmaceutical companies, including Pfizer and GlaxoSmithKline, as well as the United States, prevented tens of millions of people in the developing world from receiving affordable generic AIDS drugs. Millions died as a result. This is a part of the trailer of Fire in the Blood.

DR. PETER MUGYENYI: Over two million people were reported to have died in that year alone.

YUSUF HAMIED: The whole of Africa was being taken for a ride.

BILL CLINTON: It’s fine for people in rich countries to say this is what it ought to be. They don’t have to live in these little villages and watch people die like flies.

DR. PETER MUGYENYI: Where are the drugs? The drugs are where the disease is not.

DONALD McNEIL: You fight our patent monopolies, we will make sure you die.

NELSON MANDELA: As long as drugs are not available to everybody, he will not take them.

JAMES LOVE: It was just kind of a crisis of humanity. People just weren’t really human for a moment.

AMY GOODMAN: That’s an excerpt of Fire in the Blood, the film tracing how Big Pharma refused to allow countries to break patents and allow for the importation of cheap generic AIDS drugs. The problem continues today, as the World Trade Organization continues to block the importation of generic drugs in many countries because of a trade deal known as the TRIPS Agreement. Fire in the Blood just had its North American premiere here at the Sundance Film Festival.

For more, we’re joined by two guests: Dylan Mohan Gray, director of Fire in the Blood, based in Mumbai, India, and Dr. Peter Mugyenyi, a Ugandan AIDS doctor featured in the film, recognized as one of the world’s foremost specialists and researchers in the field of HIV/AIDS. He played a key role in founding Uganda’s HIV/AIDS Joint Clinical Research Centre, and is author of a new book, Genocide by Denial: How Profiteering from HIV/AIDS Killed Millions.

We welcome you both to Democracy Now! Dylan, let’s begin with you, why you made this film.

DYLAN MOHAN GRAY: Well, basically, I think the story sort of came to me by accident, to be honest. I was working on a film in Sri Lanka in 2004, and I had a day off and just happened to read an article in The Economist, of all things, which—it struck me as very interesting, because it was about one of the characters in our film, Dr. Yusuf Hamied, who’s an Indian generic drug maker, and it was talking about how he was bringing in low-cost antiretroviral medications to Africa. Yet it seemed something interesting was going on beneath the surface. It seemed like this was obviously, you know, to my mind, a very good thing that he was doing, but they were going out of their way, I felt, to attack him, but it wasn’t clear why. So, it piqued my interest. And, you know, not long later, I had the opportunity to meet Dr. Hamied. And through him, I met several of the other people that became contributors to the film.

And I used to be in the academic world, and, you know, the historian in me was just completely shocked and scandalized that, A, I didn’t know more about the story, and, B, that there was so little written about it or, you know, there were no comprehensive accounts of what had happened—you know, something that had killed 10, 12 million people, and it seemed to have happened almost without a record. So, you know, the impetus to make the film, primarily, was actually to create a record, a memorial and a chronicle of what happened. And as you say, I mean, we consider this to be the crime of the century.

AMY GOODMAN: Dr. Mugyenyi is featured in the film. And it’s an honor to have you here with us—

DR. PETER MUGYENYI: Thank you.

AMY GOODMAN: —before you head back home to Uganda, where you had been imprisoned, jailed, as you tried to bring generic drugs into Uganda, to get these drugs at a cheaper amount. Explain what Dr. Hamied did, this—I mean, what Cipla, the head of Cipla did, this drug company, how he challenged the rest of the world in saying he would cut the prices of AIDS drugs from—what was it? The amount that people would have to pay for the triple cocktail, before and after Hamied?

DR. PETER MUGYENYI: Well, there was a misinformation, worldwide misinformation, that AIDS drugs were too expensive to manufacture. The second misinformation that was there was that Africans would not be able to use these drugs, that it was impossible to use these drugs in the African condition. Dr. Hamied called the bluff of all of those who were propagating this false information that cost so many lives of people.

AMY GOODMAN: How?

DR. PETER MUGYENYI: Well, he just literally announced that it is not true that these drugs can only be manufactured at such an exorbitant cost. He demonstrated that they could be demonstrated at relatively affordable cost, which would save millions of lives because of affordability. So it was the issue of affordability and access where Hamied came in and acted.

AMY GOODMAN: So before him, drug companies were charging like $15,000 for a year for one patient to get a triple cocktail for the year. And he cut that price to less than a dollar a day? $15,000 to $350 for the year?

DR. PETER MUGYENYI: Yes, and that action was incredible. For the first time, millions of people who were dying stopped dying in Africa, because they started accessing life-saving drugs.

AMY GOODMAN: Why did you end up in jail in Uganda?

DR. PETER MUGYENYI: Well, it was—I was arrested, but I was rescued because Uganda government was concerned about the plight of the citizens who were dying in such a big number. So an emergency meeting that rescued me from arrest took place in front of the government ministers, and at that meeting I made it clear: I said to the meeting that, Look, your relatives are dying of AIDS. Your citizens are dying of AIDS. I’m a doctor working among the AIDS patients, and I have no tools to save my patients’ lives. All I have done is to import affordable drugs, which will increase access. These drugs are at the airport. They are under your care. You can block them from coming in, but as far as I’m concerned, I have done my job of bringing life-saving drugs to Uganda. And I think they understood. And every one of them had relatives who were suffering from AIDS, or at least a friend whom they knew who had died from AIDS. And so, this was—it was not very difficult to convince them that this action was necessary, and I needed to be out saving lives with drugs instead of being arrested.

AMY GOODMAN: Another of the heroes in the fight to bring life-saving drugs to HIV/AIDS patients is Zackie Achmat of South Africa’s Treatment Action Campaign. In 1999, Achmat, who is HIV-positive, went on a treatment strike in solidarity with others who couldn’t afford medication. He’s featured in Fire in the Blood.

ZAKIE ACHMAT: If my sisters or brothers or cousins had HIV or had AIDS and needed medicines, they wouldn’t have been able to get it. And I grew up in a house where your mom would say, If all the kids can’t have chocolate, one is not going to have it.

NARRATOR: Having made up his mind, Zackie Achmat announced that he would boycott antiretrovirals until the South African government made them available to everyone.

AMY GOODMAN: Dylan Mohan Gray, talk about the significance of Zackie Achmat and what the whole issue of patents is about in these U.S. companies.

DYLAN MOHAN GRAY: Well, Zackie Achmat, as you said, is one of the great heroes of this story. And I think the boycott that he undertook, very much with a sort of a Gandhian impetus in mind, you know, it was a very deliberate action that he took. And as he says in the film, you know, he grew up in a family where his mother said, if one child couldn’t have chocolate, then none of the children were going to get it. And that’s a very simple way of looking at it, but that’s something I think we can all identify with. He grew up, you know, struggling against apartheid in South Africa, a very strong sense of solidarity with his fellow man. And, you know, he could easily have accessed the drugs, because he was an internationally known activist, but he said, No, I’m not going to do it. And he came very close to death by taking that decision. And I think, you know, it had a very, very big impact on waking people, especially in the Western world, up to the reality of the situation in sub-Saharan Africa. So, you know, the gamble paid off, so to speak.

AMY GOODMAN: Say that last part.

DYLAN MOHAN GRAY: I said the gamble paid off. I feel like his gamble that he took—I mean, he risked his life—but in a sense, the gamble paid off, because the impact of what he did, you know, had repercussions throughout the world and woke a lot of people up to the situation of access to medicine in Africa.

AMY GOODMAN: Explain how the patents work.

DYLAN MOHAN GRAY: A patent is a government-granted monopoly or a grant of exclusivity which is given to companies, generally, or individuals, with the idea that by giving a period of the exclusivity, one would incentivize investment. So, what typically happens with pharmaceutical companies is they will purchase technology from others, whether it be universities or small biotech companies or other small innovative outfits, and they will then commercialize these products. And because they will have a monopoly for a period of time, usually a minimum of 20 years, they will be able to set the price at any level they wish. And we have the former vice president of Pfizer in our film, who says very openly the concept is to maximize revenue. It has nothing to do with the cost of research and development.

AMY GOODMAN: Dr. Mugyenyi, what needs to happen right now, in these last 30 seconds?

DR. PETER MUGYENYI: Well, what needs to happen is the realization that an inequitable, unethical situation exists with the related TRIPS Agreement, and that lives, millions of lives, are at stake unless this TRIPS Agreement and patents issue are addressed—not to hurt business, but to make sure that they do not hurt patients and result in a bloodbath, that we have seen in the case of HIV/AIDS.

AMY GOODMAN: I want to thank you both very much for being with us, Dr. Peter Mugyenyi from Uganda and Dylan Mohan Gray, director of the new film that has just premiered here at the Sundance Film Festival, Fire in the Blood.

I’m glad this movie has come out — it’s important, and it’s important that people are talking about this. My one reservation is that, when I watched this clip, it took some serious jaw-clenching not to scream out loud when the filmmakers brought William Jefferson Clinton, political philanthropist and ex-President of the United States, on screen to moralize and to lecture us about the HIV crisis in Africa. Of course the crisis is appalling, and the result of policies which are deeply immoral. But whose policies? Just who do they think negotiated and signed TRIPS? The AIDS crisis is a crime inflicted on Africa by governments, and at the head of the most powerful government inflicting it were President Clinton, his administration, and his successors. He and they have blood on their hands.

Patents kill people. They mean that the pharmaceutical cartel can call up the armed bully-boys of almost every government in the world in order to enforce artificially high prices for their top money-makers; and that means that State violence is being used to prevent affordable, life-saving drugs from reaching the desparate and the poor. The multilateral so-called free trade agreements of the past couple decades — NAFTA, CAFTA, the WTO — are slowly cutting back on traditional industrial protectionism while dramatically expanding the scale, scope, and deadly reach of intellectual protectionism.

To hell with that. Intellectual property is not about incentivizing or encouraging or opportunities. It’s about force: invading other people’s property to force them to render long-term rents to corporate monopolists, long after they have stopped putting any particular work into what they are claiming to be theirs. A necessary corollary is that it also means invading those who offer innovations based on the work that they control, unless those innovations comply with a very narrow set of guidelines for authorized use. They have no right to do that, and they sure don’t have the right to do it at the expense of innocent people’s lives. A free society needs a free culture, free knowledge and free technology. Patents kill and freedom saves people’s lives. This is as dead simple as it gets. To hell with state monopolies; to hell with state capitalism.

Also.

Military targets

The news has been full of headlines about the United States killing Osama bin Laden. I don’t have anything in particular to add to what’s already been said on that. But what you may have missed in the rush is that last weekend they actually went for a twofer and tried to kill Muammar Gadhafi too. They didn’t manage to do that, but they did kill his 29 year old son, Saif al-Arab Gadhafi. They did this by having NATO war-planes fire two missiles into a family home. This is what all the news stories talk about.[1] They also killed three of his grandchildren. This is almost never put in the headlines and almost always tacked on as a single sentence with an Also, by the way…. It took about half an hour of searching, but the one story I found with anything to say about the grandchildren — the majority of the victims of this strike — is this article by Richard Boudreaux from the Wall Street Journal. Two of the grandchildren they killed were toddlers, a two-year-old girl, and a two-year-old boy. The other was a baby girl only 5 months old.

Libyan officials called the airstrikes an assassination attempt on Col. Gadhafi, who they said was in the compound but escaped harm, and an attack on a residential neighborhood of Tripoli. The leader’s 29-year-old son, Saif al-Arab Gadhafi, was reported killed while hosting a family gathering. Two of his nieces, aged 5 months and 2 years; a 2-year-old nephew, and an adult friend also died in the blasts, the officials said.

— Richard Boudreaux, Gadhafi Strikes Port After Kin Killed, in the Wall Street Journal, May 2, 2011

Lieutenant General Charles Bouchard, Commander of NATO’s Military Operations, Said In A Statement that All NATO’s are military in nature. He said that NATO is fulfilling its U.N. mandate to stop and prevent attacks against civilians with precision and care. He said that We regret all loss of life, especially the innocent civilians being harmed as a result of this ongoing conflict.

Here is the military target that Lieutenant General Charles Bouchard had blown up with a missile.

Neighbors said the bombed compound, across town from the Libyan leader’s main residential complex at Bab al-Aziziya, has belonged to the Gadhafi family for decades. Saif al-Arab, the sixth of the colonel’s seven sons, lived there, but it was also used by his parents and other relatives, neighbors said. Its walled grounds encompass two residences; two other buildings, one used as a den and the other as a kitchen; and an empty stable.

Two missiles struck the compound, one stopping the kitchen clock 45 seconds after 8:08 p.m. Several pots of food—pasta, rice, fish, stuffed peppers—had been cooking on an electric stove.

— Richard Boudreaux, Gadhafi Strikes Port After Kin Killed, in the Wall Street Journal, May 2, 2011

The target was a family home in a residential neighborhood. One member of the family happens to be a thug and a mass murderer, and if he died, it’d be as righteous a kill as any in this world. But 2 year olds and babies being set down to dinner have nothing to do with that. But they, not he were the ones who died, in the infinite precision of blowing up houses with air-to-surface missiles, so that NATO could fulfil its U.N. mandate to stop and prevent systematic attacks on the Libyan population and populated areas.

They said that was a precision strike against a known command and control building. They said that they intend to step up strikes against broadcasting facilities and command centers in the capital. They are so sorry, they regret so much, and they are going to do it again, and again, and again.

Somewhere out there, at the bottom of the chain of command, there is a soldier from America or Europe who pulled the trigger and fired a missile into a house full of people on the off chance that it might kill a politically-significant target. He killed a baby and two toddlers instead. He must be so proud.

When he comes back home, people will clap him on the back and tell him Thank you for your service and those of us who suggest that there is nothing noble or courageous about shooting missiles into residential neighborhoods and murdering babies will be told what a bunch of naifs, or ingrates, or wretches we are if we blame those who were just following orders, instead of supporting the troops.

Meanwhile, at the top of the chain of command, there is an immensely powerful gang of generals and heads of state, calling the shots and signing off on the plans to launch missiles on mission after mission like this one, knowing perfectly well that these kinds of aerial assaults, the policy and the tactics that they have chosen to prosecute their chosen wars, constantly and predictably mean killing many times more civilians, families, and children than people allegedly targeted by the mission. They call for this over and over again, in the off chance that one day the massacre will also manage to kill off somebody who matters. All so that that Progressive President Barack Obama can give a press conference and pound a podium and say My fellow Americans to announce another landmark triumph for Justice and American Forces. Those of us who mention all the friends and kinfolks and babies and bystanders they killed in this cynical policy of massacres are accused of being sensationalists, perhaps not even engaged in adult conversation. Those of us who say that governments shouldn’t be launching this kind of aerial assault, given how many innocents it inevitably kills, will be told that we just don’t care enough to try and stop a repressive regime from slaughtering Libyan civilians.

It took me a while to write about this because everything about it it makes me so angry, and so miserable.

See also:

  1. [1]Cf. CNN: One of Gadhafi’s sons killed in NATO airstrike, BBC: Nato strike “kills Saif al-Arab Gaddafi,” Libya says, AP: Libyan spokesman says Moammar Gadhafi survives NATO missile strike that kills his youngest son, etc.↩

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