[LAAMN] Paul Krugman: Hawks and Hypocrites, George Bush Accidently Vots for Obama [No Kidding]

2012-11-12 Thread Ed Pearl
http://www.nytimes.com/2012/11/12/opinion/krugman-hawks-and-hypocrites.html?
partner=rssnyt
http://www.nytimes.com/2012/11/12/opinion/krugman-hawks-and-hypocrites.html
?partner=rssnytemc=rss emc=rss
 
Hawks and Hypocrites
 
Paul Krugman:
NY Times Op-Ed: 11/12/2012
 
Back in 2010, self-styled deficit hawks - better described as deficit scolds
- took over much of our political discourse. At a time of mass unemployment
and record-low borrowing costs, a time when economic theory said we needed
more, not less, deficit spending, the scolds convinced most of our political
class that deficits rather than jobs should be our top economic priority.
And now that the election is over, they're trying to pick up where they left
off. 
 
They should be told to go away. 

It's not just the fact that the deficit scolds have been wrong about
everything so far. Recent events have also demonstrated clearly what was
already apparent to careful observers: the deficit-scold movement was never
really about the deficit. Instead, it was about using deficit fears to shred
the social safety net. And letting that happen wouldn't just be bad policy;
it would be a betrayal of the Americans who just re-elected a
health-reformer president and voted in some of the most progressive senators
ever. 

About the hypocrisy of the hawks: as I said, it has been evident for years.
Consider the early-2011 award for fiscal responsibility that three of the
leading deficit-scold organizations gave to none other than Paul Ryan. Then
as now, Mr. Ryan's alleged plans to reduce the deficit were obvious
flimflam, since he was proposing huge tax cuts for the wealthy and
corporations while refusing to specify how these cuts would be offset. But
in the eyes of the deficit scolds, his plan to dismantle Medicare and his
savage cuts to Medicaid apparently qualified him as a fiscal icon. 

And how did the deficit scolds react when Mitt Romney served up similar
flimflam, with Mr. Ryan as his running mate? Well, the Peter G. Peterson
Foundation is deficit-scold central; Peterson funding lies behind much of
the movement. Sure enough, David Walker, the foundation's former C.E.O. and
arguably the most visible deficit scold in America, endorsed the Romney/Ryan
ticket. 

And then there's the matter of the fiscal cliff. 

Contrary to the way it's often portrayed, the looming prospect of spending
cuts and tax increases isn't a fiscal crisis. It is, instead, a political
crisis brought on by the G.O.P.'s attempt to take the economy hostage. And
just to be clear, the danger for next year is not that the deficit will be
too large but that it will be too small, and hence plunge America back into
recession. 

Deficit scolds are having a hard time with this issue. How can they warn us
not to go over the fiscal cliff without seeming to contradict their own
rhetoric about the evils of deficits? 

This wouldn't be hard if they had been making a more honest case on the
budget: the truth is that deficits are actually a good thing when the
economy is deeply depressed, so deficit reduction should wait until the
economy is stronger. As John Maynard Keynes said three-quarters of a century
ago, The boom, not the slump, is the right time for austerity. But since
the deficit scolds have in fact been demanding that we make deficits the
priority even when the economy is depressed, they can't go there. 

So what we get instead, for example in a white paper on the fiscal cliff
from the Committee for a Responsible Federal Budget, is a garbled set of
complaints: The adjustment is too fast (why?), or it's the wrong kind of
deficit reduction, for reasons not made clear. Or maybe they are made clear,
after all. For even as it rails against deficits, the white paper argues
against raising tax rates and even suggests cutting them. 

So the deficit scolds, while posing as the nation's noble fiscal defenders,
have in practice shown themselves both hypocritical and incoherent. They
don't deserve to have a central role in policy discussion; they really don't
even deserve a seat at the table. And they certainly don't deserve to have
one of their own appointed as Treasury secretary. 

I don't know how seriously to take the buzz about appointing Erskine Bowles
to replace Timothy Geithner. But in case there's any reality to it, let's
recall his record. Mr. Bowles, like others in the deficit-scold community,
has indulged in scare tactics, warning of an imminent fiscal crisis that
keeps not coming. Meanwhile, the report he co-wrote was supposed to be
focused on deficit reduction - yet, true to form, it called for lower rather
than higher tax rates, and as a guiding principle no less. Appointing him,
or anyone like him, would be both a bad idea and a slap in the face to the
people who returned President Obama to office. 

Look, we should be having a serious discussion about America's fiscal
future. But a serious discussion is exactly what we haven't been having
these past couple years - because the discourse was 

[LAAMN] The Petreus Resignation

2012-11-12 Thread Romi Elnagar
General David Petreus has resigned after evidence of an extramarital affair 
surfaced. A highly regarded, efficient military officer has been brought low by 
behavior that is as old as time.


This reinforces The Empire's narrative that their soldiers are honorable me.  
To be sure, most of them do not piss on dead civilians, torture live ones, or 
rape women and children, as has been documented.

But the army itself is an army of invasion and occupation, and General Petreus 
was part of its leadership.  The civilians who commanded him are as guilty of 
war crimes as Adolf Hitler.  Like Rommel, Petreus may be a good soldier and a 
good man.  I would bet hard currency that he deeply regrets his affair with Ms. 
Broadwell, not only because it was wrong, hurting his family and his career, 
but also because she seems to have been somewhat unhinged.  Certainly, he did 
the honorable thing, which unfortunately puts him in a distinct minority.  
Colin Powell should have resigned when it was shown that he had lied to the 
whole world about Iraq.  (And BTW, that lie led directly to the army and 
Petreus being sent there, of course.)  Other people in the military should be 
resigning when it is shown that there men have engaged in the lower level war 
crimes I mentioned at the beginning of this article.

That General Petreus was an officer in an army that invaded a sovereign nation 
that had NOT attacked the U.S. is clear.  At the time he received his orders to 
carry out actions in Iraq, he certainly must have believed the propaganda about 
Saddam Huseein, but later when his army found no WMD, what did he do?  Did he 
resign?

And that army  of which he was part also used weapons like Depleted Uranium, 
which is arguably prohibited by international law, and white phosphorus, which 
is clearly prohibited, also make everyone who used it vulnerable to charges of 
war crimes.  The dreadful and brutal occupation of Fallujah, which has been 
pretty much hushed up by the U.S. media, was also carried out by the U.S. 
military.  Are we to suppose that Petreus didn't know anything about it? At the 
time (2003), he was engaged in fighting south of Baghdad (Fallujah is west of 
the capital.) In 2009, he was quoted as saying that what turned Fallujah around 
was the local populace rejecting al-Qaeda.  
http://www.cbsnews.com/8301-502243_162-3232352.html

That Petreus resigned, whether voluntarily or under some sort of duress which 
we as yet know nothing about, was sad for him and his family.  It was entirely 
a mess of his own doing, though, and for that, our sympathy should be somewhat 
limited.  That he was an officer of an army of occupation, both in Iraq and 
Afghanistan, stretches my sympathy to the breaking point.  The people who 
deserve our sympathy are the hundreds of thousands of innocent civilians who 
died in that war, and the thousands of veterans who committed no war crimes 
voluntarily, yet languish in military hospitals or whose bones rot in 
graveyards.


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[LAAMN] Fwd: RAC-LA Celebrating 5 Years of Organizing the Members of the MacArthur Park Community

2012-11-12 Thread John A Imani
-- Forwarded message --
From: John A Imani johnaima...@gmail.com
Date: Mon, Nov 12, 2012 at 10:28 AM
Subject: RAC-LA Celebrating 5 Years of Organizing the Members of the
MacArthur Park Community
To: rac-lasupport...@lists.riseup.net


Comrades,

The Revolutionary Autonomous Communities-Los Angeles--formed in the wake of
the Police Riot in MacArthur Park on May Day 2007--was initiated as a
response to demonstrate that the right of human laborers to go where ever
it is that we might find work w/o regard to man-made inventions such as
borders.

On May Day 2007 the LAPD took a position that should one demonstrate for
this (and other) human rights then that one (and all who do so) will be
attacked by the armed power of the state.  The radicals who formed RAC-LA,
in opposition to this, did so with the express intention of organizing not
only paper-less migrants but the lowest economic rung of the working class,
the homeless, the hungry, the work-less, the lowest paid members of our
class so as to:

1.) provide mutual aid with and to each other through RAC's 'Programa
Comida', our 'Food Program' which weekly provides fresh vegetables and
fruits free of charge to now over 200 of those in need; and,

2.) lay the plans and develop a model of revolutionary resistance that
ought serve as an example of new ways of thinking, new methods of work.

Below our announcement, you will find a political-economic description of
the methods and manners of RAC-LA's organization.

Join us Sunday Nov 18th to celebrate 5 years of the efforts towards
achieving these goals.

JAI
RAC-LA




RAC-LA’s Participation in The Circuits of Production

*1st Circuit*
*Planning*

*(First Circulation Circuit)*

*
*

 */ \*

 *4**th**Circuit
2**nd** Circuit*

*   Consumption
Production*

*  a. individual*

*  b. productive
*

*
*

* \   /*

*3rd Circuit*
*Allocation and Distribution*

*(Second Circulation Circuit) *


 The circuits of capitalist production, indeed those of any and all modes
of production (e.g. slavery, feudalism, socialism, communism, even
hunter-gathering) consist of 1.) Planning; 2.) Production; 3.) Allocation
and Distribution; and, 4.) Consumption. In Planning, decisions are made as
to what things are to be produced and therefore what factors of production
(materials, tools and labor), necessary to produce them, have to be
allocated (in capitalism this means purchased) and arrayed before
production can begin. In the circuit of Production, these factors are
combined so as to fabricate or grow or mine, etc. the desired objects. In
distribution, the items are apportioned to their end-users (in capitalism
this means sold to the end-users). And, in consumption the end-users make
use of them either for direct consumption as consumers or indirect
consumption, that is productive consumption, by making these goods
available as factors for the allocation decisions made in circuit 1 as
means of production.

Though RAC-LA hardly represents the might, mass and complexity of the
coming socialist commonwealth, it does have, albeit in microcosm, similar
economic problems in each of its circuits that it too must solve.


 *The First Circulation Circuit-The Factors Market*

In order to understand RAC-LA’s participation in its own Circuit 1, the
planning of production, it is necessary to understand the product that is
being produced. That product is not this or that fruit nor these or those
vegetables, rather it is the bundles of food themselves which are composed
of the fruits and vegetables. Up until this time, as we have now acquired a
small garden space, RAC-LA has not itself manufactured nor farmed any item
save T-shirts. Instead, what is planned and what is done is the assembling
of the packages that for 4 ½ years we have distributed to an average of
more than 175 people every Sunday in MacArthur Park in Los Angeles. Items
that, while still healthy and nutritious, might bear some blemish that make
them un-saleable but not un-consumable. These items form the raw material
for RAC-LA workers’ production, in our Circuit 2, of bundles that contain
items that we have salvaged from being tossed. The first phase of RAC-LA’s
planning therefore consists therefore of allocation of its labor-powers to
make the pick-ups. Now, as there are no waged-workers who might do this,
nor are there bosses who might have ordered these last to do so, this is
and has been accomplished by the free and voluntary acceptance of these
tasks by comrades who take upon themselves particular assignments. Should,
for any reason, the comrade who is scheduled for a pick-up is unable to
perform, her place is immediately taken by another comrade. This voluntary
association will implicitly color much of what follows 

[LAAMN] ACLU-SC Pasadena/Foothills Foreclosure Forum Returns November 13

2012-11-12 Thread Dick_Sharon P
ORECLOSURE CRISIS #2
EDUCATIONAL FORUM: WHAT PROGRESS HAVE WE MADE LOCALLY, STATEWIDE, AND
NATIONALLY?
Representatives from Occupy Fights Foreclosure, LA Housing Authority,
and Occupy Pasadena will answer.
When: Tuesday, 13 November 2012, 7 p.m. to 9 p.m.

Where: Neighborhood Church, 301 No. Orange Grove Bouldevard, Pasadena

Who:
* Lori Gay, LA Neighborhood Housing Authority
* Suzanne O'Keeffe, Occupy Fights Foreclosures
* Ruth Sarnoff, Occupy Fights Foreclosures
Free event, open to the public
Contact: aclupasad...@yahoo.com
  [aclu foreclosure forum]  http://www.laprogressive.com/?p=72284



[Non-text portions of this message have been removed]





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Re: [LAAMN] The Petreus Resignation

2012-11-12 Thread scotpeden
Indefinite detention, torture, assassination of any and or all peoples.

NO SWEAT!

But in puritanical USA, have sex with someone not your wife?

End of career for anyone in our elite system! (not so for the 99%).

Wow, you should be able to talk to people outside of the Island Nation
USA, and hear/see how they laugh at us. The rest of the worlds leaders
openly have Mistresses, or even if they don't, it's not a big deal, but
murders and assassins, killers of mothers fathers and little kids can be
dethroned for sex outside of wedlock has to terrify the BeJesus out of the
rest of the world, what psychos would have those problems?

Oh yeah, the ones with ALL THE CHEMICAL WEAPONS OF MASS DESTRUCTION IN THE
WORLD AND 90% OF ALL NUCLEAR WEAPONS IN THE WORLD.

Laugh quietly at us or someone might determine you don't have enough
Democracy or Civilization.

We practice Government Issue, when your no longer of any use, discard and
destroy, so no one else can use you either.

Scott

 General David Petreus has resigned after evidence of an extramarital
 affair surfaced. A highly regarded, efficient military officer has been
 brought low by behavior that is as old as time.


 This reinforces The Empire's narrative that their soldiers are honorable
 me.  To be sure, most of them do not piss on dead civilians, torture live
 ones, or rape women and children, as has been documented.

 But the army itself is an army of invasion and occupation, and General
 Petreus was part of its leadership.  The civilians who commanded him are
 as guilty of war crimes as Adolf Hitler.  Like Rommel, Petreus may be a
 good soldier and a good man.  I would bet hard currency that he deeply
 regrets his affair with Ms. Broadwell, not only because it was wrong,
 hurting his family and his career, but also because she seems to have been
 somewhat unhinged.  Certainly, he did the honorable thing, which
 unfortunately puts him in a distinct minority.  Colin Powell should have
 resigned when it was shown that he had lied to the whole world about
 Iraq.  (And BTW, that lie led directly to the army and Petreus being sent
 there, of course.)  Other people in the military should be resigning when
 it is shown that there men have engaged in the lower level war crimes I
 mentioned at the beginning of this article.

 That General Petreus was an officer in an army that invaded a sovereign
 nation that had NOT attacked the U.S. is clear.  At the time he received
 his orders to carry out actions in Iraq, he certainly must have believed
 the propaganda about Saddam Huseein, but later when his army found no WMD,
 what did he do?  Did he resign?

 And that army  of which he was part also used weapons like Depleted
 Uranium, which is arguably prohibited by international law, and white
 phosphorus, which is clearly prohibited, also make everyone who used it
 vulnerable to charges of war crimes.  The dreadful and brutal occupation
 of Fallujah, which has been pretty much hushed up by the U.S. media, was
 also carried out by the U.S. military.  Are we to suppose that Petreus
 didn't know anything about it? At the time (2003), he was engaged in
 fighting south of Baghdad (Fallujah is west of the capital.) In 2009, he
 was quoted as saying that what turned Fallujah around was the local
 populace rejecting al-Qaeda. 
 http://www.cbsnews.com/8301-502243_162-3232352.html

 That Petreus resigned, whether voluntarily or under some sort of duress
 which we as yet know nothing about, was sad for him and his family.  It
 was entirely a mess of his own doing, though, and for that, our sympathy
 should be somewhat limited.  That he was an officer of an army of
 occupation, both in Iraq and Afghanistan, stretches my sympathy to the
 breaking point.  The people who deserve our sympathy are the hundreds of
 thousands of innocent civilians who died in that war, and the thousands of
 veterans who committed no war crimes voluntarily, yet languish in military
 hospitals or whose bones rot in graveyards.


 [Non-text portions of this message have been removed]










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[LAAMN] Economist-Russell Means Obit

2012-11-12 Thread John A Imani
Russell Means Russell Means, an American-Indian activist, died on October
22nd, aged 72

Nov 10th 2012 | from the print edition

  DRIVING one day through the Diné lands in New Mexico—not “Navajo”, a
white man’s word—Russell Means suddenly stopped the car. His wife wondered
why. He had stopped to look at a shepherd among the scrubby hills, walking
with his flock. No one told that man where to go or what to do. He was
living with the land. Even better, he was praying, for that was what
Indians did when they listened. And best of all, he was a free man.
Silently, fervently, Mr Means saluted him.

His own God-given sovereignty blazed inside him, igniting the Indian-rights
movement he led for several decades. He was pure Oglala Lakota, born in the
sacred Black Hills of South Dakota, and with the build of a chief,
strapping and tall. His hard, dark eyes seemed to stare from another
century, re-running ancient battles; his handsome face was crossed with
scars, though these were less ritual marks than the souvenirs of bar-room
brawls in Sioux Falls or San Francisco. The long braids (never cut, for
hair carried memories), the beads, the leather: everything cried out his
heritage. But being Indian, he fiercely said, didn’t mean dressing in
feathers like a bird and going to a pow-wow for a couple of hours. No
Indian was authentic if he wasn’t as free as his ancestors had been.

He was far, very far, from that. The ramshackle Pine Ridge reservation, his
birthplace, was still “prisoner-of-war camp 344” in Pentagon records. The
Bureau of Indian Affairs (BIA), which oversaw such slums, was a den of
corruption and incompetence. The modern tribal governments were mere
puppets and collaborators. Indians everywhere (never “Native Americans”,
another colonisers’ word) had been robbed, corralled and turned into cowed,
self-loathing lemmings in white schools. Every treaty made by the white man
with the Indians had been broken. America was “the biggest liar in the
world”.

He defied the lies in small ways and large. Not for him a driving licence
or a fishing permit; the land he drove on, the river he fished in, belonged
to his people anyway. For 21 years he paid no income tax. He refused to
carry an Indian ID card. He ran on an activist platform for tribal, state
and national office (for the Libertarian Party, in 1987), though never
successfully. All this time he was the leading member of the American
Indian Movement (AIM), as charismatic as he was divisive. The movement had
turned him, at 29, away from a drifter’s life and towards a cause.

At AIM he organised a succession of publicity stunts, including the
occupation of Alcatraz Island; the seizing of a replica *Mayflower* in
Boston Harbour on Thanksgiving Day, 1970; a prayer-vigil on top of Mount
Rushmore, on Lakota holy land; and the occupation and trashing of the BIA’s
Washington offices in 1972. All were tasters for the most daring stunt of
all, the occupation in 1973 of the hamlet of Wounded Knee on the Pine Ridge
reservation, where in 1890 around 300 Lakota had been killed by the
American army. Chilled and starving, but steeled by the free-walking
spirits of the dead, Mr Means and 200 others held out, through blizzards
and machinegun fire, against massed federal guardsmen for 71 days. He tried
to dictate the terms of the surrender; the Nixon administration naturally
reneged on them.

*An arrow to the sun*

Most of the time he was angry, an anger so intense that it was almost
uncontrollable. His drinking did not help. Violence dogged him. Enemies,
probably agents of the BIA, tried to shoot him. He got into fights, had
spells in jail, married and then neglected several women in the style of
the head-buck wandering male. His years in AIM were chaotic; he resigned
six times before the movement split. While other groups, blacks and women,
surged ahead, America’s Indians went nowhere much. In 2007 Mr Means and
several others withdrew from the United States to form the Republic of
Lakota, covering thousands of square miles in five states. Not even
brother-Sioux would recognise it; but their freedom was too firmly
mortgaged to white men.

He lamented that his people had no natural allies: not Marxists, for they
were rationalists who reduced men to machines; not Christians, for their
notion of God was incompatible; not even blacks, for their experiences of
repression were too different. The revolution he wanted was unlike anyone
else’s. It was the revolution of the medicine wheel, the sacred hoop of
life, in which all things ended as they began: in which the world was
turned slowly but beautifully backwards, towards the freedom in Nature the
ancestors knew.

He himself, though, went westwards, to Hollywood. In “The Last of the
Mohicans” and Disney’s “Pocahontas” in the 1990s he played the sort of
wise, far-seeing chief he should have been, had everything been different.
He became the standard Indian, sympathetic enough, but speaking the white
man’s script under the white man’s 

[LAAMN] Romney and his funders going for the WIN!

2012-11-12 Thread scotpeden
http://www.thenation.com/article/171048/super-storm-sandy-peoples-shock#

http://readersupportednews.org/opinion2/271-38/14495-focus-shameless-disaster-capitalism

Author and activist Naomi Klein. (photo: CharlieRose.com)

Shameless Disaster Capitalism
By Naomi Klein, The Nation
12 November 12


Yes that's right: this catastrophe very likely created by climate change-a
crisis born of the colossal regulatory failure to prevent corporations
from treating the atmosphere as their open sewer-is just one more
opportunity for more deregulation.

he following article first appeared in the Nation. For more great content
from the Nation, sign up for their email newsletters here.

Less than three days after Sandy made landfall on the East Coast of the
United States, Iain Murray of the Competitive Enterprise Institute blamed
New Yorkers' resistance to big-box stores for the misery they were about
to endure. Writing on Forbes.com, he explained that the city's refusal to
embrace Walmart will likely make the recovery much harder: Mom-and-pop
stores simply can't do what big stores can in these circumstances, he
wrote.

And the preemptive scapegoating didn't stop there. He also warned that if
the pace of reconstruction turned out to be sluggish (as it so often is)
then pro-union rules such as the Davis-Bacon Act would be to blame, a
reference to the statute that requires workers on public-works projects to
be paid not the minimum wage, but the prevailing wage in the region.

The same day, Frank Rapoport, a lawyer representing several billion-dollar
construction and real estate contractors, jumped in to suggest that many
of those public works projects shouldn't be public at all. Instead,
cash-strapped governments should turn to public private partnerships,
known as P3s. That means roads, bridges and tunnels being rebuilt by
private companies, which, for instance, could install tolls and keep the
profits.

Up until now, the only thing stopping them has been the law-specifically
the absence of laws in New York State and New Jersey that enable these
sorts of deals. But Rapoport is convinced that the combination of broke
governments and needy people will provide just the catalyst needed to
break the deadlock. There were some bridges that were washed out in New
Jersey that need structural replacement, and it's going to be very
expensive, he told The Nation. And so the government may well not have
the money to build it the right way. And that's when you turn to a P3.

Ray Lehmann, co-founder of the R Street Institute, a mouthpiece for the
insurance lobby (formerly a division of the climate-denying Heartland
Institute), had another public prize in his sights. In a Wall Street
Journal article about Sandy, he was quoted arguing for the eventual full
privatization of the National Flood Insurance Program, the federal
initiative that provides affordable protection from some natural
disasters-and which private insurers see as unfair competition.

But the prize for shameless disaster capitalism surely goes to right-wing
economist Russell S. Sobel, writing in a New York Times online forum.
Sobel suggested that, in hard-hit areas, FEMA should create free trade
zones-in which all normal regulations, licensing and taxes [are]
suspended. This corporate free-for-all would, apparently, better provide
the goods and services victims need.

Yes that's right: this catastrophe very likely created by climate change-a
crisis born of the colossal regulatory failure to prevent corporations
from treating the atmosphere as their open sewer-is just one more
opportunity for more deregulation. And the fact that this storm has
demonstrated that poor and working-class people are far more vulnerable to
the climate crisis shows that this is clearly the right moment to strip
those people of what few labor protections they have left, as well as to
privatize the meager public services available to them. Most of all, when
faced with an extraordinarily costly crisis born of corporate greed, hand
out tax holidays to corporations.

Is there anyone who can still feign surprise at this stuff? The flurry of
attempts to use Sandy's destructive power as a cash grab is just the
latest chapter in the very long story I have called The Shock Doctrine.
And it is but the tiniest glimpse into the ways large corporations are
seeking to reap enormous profits from climate chaos.

One example: between 2008 and 2010, at least 261 patents were filed or
issued related to climate-ready crops-seeds supposedly able to withstand
extreme conditions like droughts and floods; of these patents close to 80
percent were controlled by just six agribusiness giants, including
Monsanto and Syngenta. With history as our teacher, we know that small
farmers will go into debt trying to buy these new miracle seeds, and that
many will lose their land.

When these displaced farmers move to cities seeking work, they will find
other peasants, indigenous people and artisanal fishing people who lost
their lands 

[LAAMN] South Africa-The Strike Wave and New Workers' Organisations: Breaking out of Old Compromises

2012-11-12 Thread Cort Greene
The Strike Wave and New Workers' Organisations: Breaking out of Old
Compromises
By Leonard Gentle http://sacsis.org.za/s/stories.php?iUser=49 · 12 Nov
2012

Over the past weekend, the striking mineworkers of Amplats gathered at a
mass rally in Rustenburg and howled their defiance of a series of
ultimatums issued by the company. At De Doorns, farm workers are on a
wildcat strike - the latest of a series that has become a feature of the
South African landscape over the last three months, knocking Mangaung off
the front pages. Something is stirring from below…and it is time we got
beyond the fear and trepidation that have become the stock response in the
media.

After the Marikana massacre President Jacob Zuma appointed the Farlam
Commission and also convened an emergency Social Dialogue meeting of
Business, Labour and Government in October. The partners released a
statement calling on strikers to return to work and for the police to
defend law and order and noted that “the wave of unprotected
strikes…[could]…undermine the legal framework of bargaining.”

So far the Farlam Commission has heard evidence of a police conspiracy,
intimidation of witnesses, and a hotline line between Cyril Ramaphosa,
Lonmin and the police. But with the strike wave continuing is it not also
time to ask: Where did this much-vaunted “legal framework of bargaining”
come from? And how virtuous, from the perspective of democracy and social
justice, has that system been?

South Africa’s Labour Relations Act (LRA), Basic Conditions of Employment
Act (BCEA) and their associated institutions of the Commission for
Conciliation, Mediation and Arbitration (CCMA), the Sector Education
Training Authorities (SETAs) and National Economic, Development and Labour
Council (NEDLAC) came out of a series of engagements around the National
Economic Forum, the Labour Market Commission and the National Training
Board between 1990 and 1995. Like the World Trade Centre negotiations at
Kempton Park, which shaped South African political compromises, there was a
similar set of trade-offs being enacted within the labour market sphere
between Labour (essentially COSATU) and Big Business.

Under apartheid industrial relations legislation had been based on the
racial alliance between Big Business and white workers, and the suppression
of black workers. White workers could form trade unions and use their
muscle to establish minimum wages, industrial councils to have industry
negotiations and have systems of labour protection and training through
apprenticeship and training boards.

For black workers, however, strikes were illegal and they were excluded
from labour protection and industrial councils.

However the illegal strike wave amongst black workers outside Durban in
1973 saw black workers defy the labour laws and eventually set up strong
unions and forge Recognition Agreements with large employers. New unions,
like the Metal and Allied Workers’ Union, even broke into the Industrial
Council system, eventually forcing the apartheid state, in 1979, to amend
the LRA to grant African workers the right to form trade unions and to
compel employers to deduct membership dues.

By the time the labour market negotiations began in the early 1990’s,
COSATU wanted the state to legislate a legal duty to bargain on the part of
employers, impose centralised bargaining and demanded that the new
democratic state should provide a high degree of social protection for
workers. Big Business, in turn, wanted maximum labour flexibility, little
state intervention and little social protection.

These opposing views appeared irreconcilable.

The deal breaker was to take labour legislation out of the sphere of
criminal sanction and state enforceability completely. Instead the state,
and Big Business and Big Labour agreed to a system of what came to be
called “voice regulation” and “social partnership”.

So strikes and employer lockouts, unfair labour practices, unfair
dismissals and incorrect wages, etc. would no longer be illegal but subject
to discussion and rational persuasion through institutions like the CCMA.
If your employer summarily sacked you or underpaid you, you couldn’t get a
labour inspector to reinstate you or have your employer compelled by law to
honour a contract, you went to the CCMA where you could get a mediator to
try and reach a compromise solution.

Similarly, while there was no compulsion on the part of an employer to
negotiate, you could invoke the power of your strong union to make life
difficult in time for such a recalcitrant employer. And you could strike,
albeit only on what was deemed to be a matter of interest (as opposed to
unfair dismissal, which is deemed to be a conflict of right, over which you
couldn’t strike but had to refer to the CCMA for mediation and/or
arbitration). So the labour movement got its plethora of rights, but which
were dependent on their real organised power to exercise, because the state
was not going to be involved. But Big