important to participate in the building of new ideas, to criticize the established order and Politikon: IAPSS Political Science Journal Vol. Nr.19, May 2013
Volume 19: April 2013
Academic year 2013-2014
Editor in Chief Rodrigo Vaz Catholic University of Portugal Portugal Editorial Team
Gabriela MARZONETTO, Argentina Universidad Nacional de Cuyo. Mendoza, Argentina Weronika MYCK, Poland University of London, London, UK Conrad REIN, Germany UCC; Cork, Ireland
Advisory Board Manuel Garreton, Chile,
João Carlos Espada, Portugal,
Carole Pateman, England,
Leonardo Morlino, Italy,
Phillippe Schmitter, USA
Politikon: IAPSS Political Science Journal Vol. Nr.19, May 2013
Content
Editorial Message...... 1 RODRIGO VAZ
Challenges, Cooperation and Paradoxes in the Coca Cocaine Complex...... 3 MARIA DE LOS ANGELES LASA
Rituals in Conflict Resolution: a helpful tool or a new medium?...... 15 ANNA BILOUS
Russia’s position towards the missile shield project...... 24 IRAKLI GELUK’ASHVILI
Political Dogma Stroll’s non political moral decision making...... 33 IBRAHIM NOORANI; KHURRAM SHAKIR; MUDDASIR HUSSAIN
Political Cosmogony: Three Matrices of Political Theology...... 45 DANIEL NUNES PEREIRA
The Maguindanao Massacre: A serious challenge to human security in the Philippines...... 55 FRANCE JEANNE L. SARMIENTO
Features of the International Regulation of Space Activities...... 69 ELENA SIDOROVA
Politikon:IAPSS Political Science Journal Vol. Nr.19, May 2013
Editorial Message
Dear Reader,
Let me start by welcoming you to yet another issue of POLITIKON. This issue’s publication consolidates the path we have taken in making POLITIKON a prestigious publication in Political Science and related disciplines, and in having the publication promote students and young talented scholars.
This issue marks a point of transformation for POLITIKON and, to some extent, for the whole Academic Department. A new layout has been introduced, which we hope to keep in future editions.
This is also the last issue put together by this Editorial Board which means that we say goodbye to Gabriela Marzonetto, Weronika Myck and Julio Aguirre, who leave the Editorial Board to engage in other challenges. This past Editorial Board was, along with me, responsible for getting POLITIKON back on track after a hiatus of two years and they have excelled in their work. To all of them, I would like to give my deepest thanks for their efforts and wish them very well on their future endeavours.
Out with the old, in with the new, and from last edition on, we will welcome the new IAPSS Publications Coordinator, Alexandru Volacu, and a new Editorial Board of POLITIKON.
Let me also use this space to let you know about our plans for the future of POLITIKON: we plan on having, in addition to this one, three more issues published by the end of the year: one by the end of June, consisting of a special issue dedicated to the contributions of the academic panels in Rome, and two others, by the end of September and December. This will be the first time that POLITIKON publishes 4 issues per year and we look forward to making this achievement come true.
Regarding Publications, I am currently working with Alexandru and I am quite happy to let you know that we are soon re-launching ‘A Different View’, a former IAPSS online monthly magazine, but this time in the form of a popular-scientific blog, where authors are welcome to post contributions on pressing global political issues and other related matters. You can find the call for applications on the IAPSS website, facebook page and on many other places online. We also plan to launch two new publications still this year – but more on that on the coming months.
For now, I will leave you with the excellent articles this issue’s authors have submitted. The topics covered are very heterogeneous and diverse, and I am sure you will find many that suit your likes. Should you have any questions, please feel free to contact me directly at [email protected].
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Politikon:IAPSS Political Science Journal Vol. Nr.19, May 2013
Enjoy,
Rodrigo Vaz
Editor in Chief
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Challenges, Cooperation and Paradoxes in the Coca Cocaine Complex MARIÁ DE LOS ÁNGELES LASA1, University of Camerino Italy
Abstract
he coca-cocaine complex in South America is one of the most serious threats to the region’s political, economic and social institutions. It has infected the public and private sectors with the virus of T corruption and violence, and it has brought about the intervention of extra-regional actors that have contributed to worsening the situation. In the fight against this threat since the 1970s, South American countries have had the support of the United States (US) and the European Union (EU) which, these being the world’s largest consumers of cocaine in the world, has become the source of a vicious paradox: the challenges for South American states arise not only from the coca-cocaine complex itself, but also from the cooperation of those world superpowers in the fight against it. This paper analyses both the cooperation among drug actors –an issue that has historically been overlooked–, and the previously mentioned paradox in the case of South American states and the EU.
1 Mariá de Los Ángeles Lasa, born in Argentina 1986 is a CUIA Scholar and Doctoral Fellow in Social Sciences on Work and Legality at the Department of Law and Politics, School of Advanced Studies, Università degli Studi di Camerino (Italy). She is currently Visiting Researcher at the Lozano Long Institute of Latin American Studies (College of Liberal Arts, University of Texas at Austin). She has published several articles on public corruption, drugs and organized crime in books and academic journals in Argentina, Italy, Mexico and Switzerland. Her interests include security studies, drug trafficking, counternarcotics policies, and violence and criminality in Latin America. She would like to thank her Ph.D. Advisor, Dr. Giovanna Ricci, for providing useful comments on her first drafts, Prof. Andrea Vartalitis, from the National University of Villa María (Argentina), for her advice and careful editing of the final English version of this paper. 3
Maria de Los Angeles Lasa Challenges, Cooperation and Paradoxes in the Coca Cocaine Complex
Introduction effects. In large doses it can lead to loss of coordination, collapse, blurred vision, oca leaves have been chewed by dizziness, anxiety, heart attacks, chest pain, Andean people for centuries “to help respiratory failure, strokes, seizures, combat hunger and to overcome headaches, abdominal pain, nausea, and Cfatigue and exhaustion caused by the paranoia (Mejía and Posada, 2010, 256). high altitude, as well as for traditional and Cocaine is the second most consumed illegal religious practices” (Dreyfus, 2001, 22). drug in the US (after marihuana) and the Since Pre-Columbian times the coca bush is third in most European countries after deeply rooted in the Andean culture, but its marihuana and heroin (Mejía and Posada, rich cultural dimension has no bearing on 2010, 256). From the perspective of the the harmful effects it has had on the rest of demand of drugs, in fact, the US is to have the world once it is transformed into the largest number of cocaine users cocaine. worldwide with more than 5 million users The coca plant is a medium-sized bush that aged between 15 to 64; followed by Western grows in tropical climate regions, “anywhere European countries with an estimated between 100 and 1.700 meters above sea number of 4 million users within the same level” (Mejía and Posada, 2010, 255). There age range (UNODC, 2011, 86). are more than 250 varieties of coca bushes that can be harvested from three to six times The coca-cocaine complex: a real threat per year for a period of 10 to 25 years to South American countries depending on the level of care it receives. Depending on the coca variety, the Specialized literature in the field of geographical region and the number of International Security Studies defines drug bushes cultivated per hectare, trafficking as both an emerging post-Cold War global problem and a national security 1 hectare planted with coca bushes problem (Cf. Belikow, 2003; Dreyfus, 2001). produces, on average, between 1,000 and Regarding South American countries, while 1,200 kilograms of fresh coca leaf per the first statement may be debatable for harvest. Between 1.1 and 1.4 kilograms of illicit cocaine production, traffic and cocaine can be produced from 1 kilogram of consumption has clearly been a threat to this coca leaf. Using an average of four harvests region long before the collapse of the per year (…), we arrive at a general bipolar world, the coca-cocaine complex is production estimate of between 5 and 6 definitely a national security problem in kilograms of cocaine per hectare per year.” South America.2 (Mejía and Posada, 2010, 255). According to the 2012 World Drug Report, the total number of hectares illegally cultivated with coca bush in 2010 was 2 Traditionally, South America has been divided into estimated in 149.200 (UNODC, 2012, 35). two major areas: the Andean Area and the Southern Produced with crystalline tropane alkaloid, a Cone. The Andean Region is composed of five chemical obtained from the leaves of the countries: Venezuela, Colombia, Ecuador, Peru and Bolivia. The southernmost area of the Americas coca bush, cocaine hydrochloride is a highly includes Argentina, Uruguay and Chile in its most addictive illegal drug. “It is either snorted or narrow concept, but sometimes Paraguay and the dissolved in water and injected,” (Mejía and south of Brazil are also included. They all share a Posada, 2010, 255) and its consumption common set of historical and political characteristics. triggers different physical effects. Guyana, Suriname and French Guyana are not included as part of the region “because these In moderate doses, it causes disturbance in countries and overseas dominions (in the case of heart rates, elevated blood pressure, dilated French Guyana) are generally considered part of the pupils, decreased appetite, irritability, and Caribbean from both a classical geopolitical point of argumentative behavior, among other view and from their role in drug trafficking” (Dreyfus, 2001, 66). Cf. Figure 1.
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According to Barry Buzan, national security neighbors, and considers that the major refers to the situation of freedom from threat is drug trafficking and its interaction harmful threats to a given state.3 This with the weak nature of South American includes freedom from military attack or countries (Dreyfus, 2001, 65). As can be coercion, from internal subversion, and seen, in Dreyfus’ work, production and freedom from the erosion of the political, consumption are collateral dimensions of economic and social values, which are drug trafficking and not problems as such, essential to the quality of life and human which means that many actors involved are development. As it can be seen, this concept not taken into account. On the other hand, goes beyond the Weberian concept of State, while Griffith includes money laundering in “defined in politico-institutional terms as a this equation, I think money laundering –as central government” (Dreyfus, 2001, 35). well as arms trafficking, human trafficking, Instead of considering the state and society forced labor, etc.– is itself a related criminal as two separate phenomena, the state is activity and should not be considered part of defined here as a complex socio-political the coca-cocaine complex. sovereign entity that includes territory, In my view, the real threat to South governing institutions and population. But American countries is the coca-cocaine more interestingly in Buzan’s approach, is complex with its three structural dimensions: that the concept of threat plays a major role. production, trafficking and consumption. Threat is defined in his work as a danger to First of all, I consider these dimensions to the attributes of the state. These threats can be structural because should any of them be be specific, in the sense that they may have a absent, we would not have the coca-cocaine clear focus and source (posed by a particular complex. Second, although other drugs are state or by a non-state actor); or they can be also being cultivated in different and diffuse threats arising from processes, rather important regions in South America, such as than from a particular actor, object, or opium, marijuana and heroin in Colombia, policy. Guatemala, Mexico, Peru and Venezuela, Iveland Lloyd Griffith, taking Buzan’s (UNODC, 2011, 59) and cannabis in Bolivia concept of threat, considers what he has and Paraguay, I argue that the major threat called “the drug problem” (Griffith, 1997, 5) to South American countries is the coca- to be the major threat to Caribbean states. cocaine complex, mainly for the reasons I This problem, the theorist asserts, is a summarize as follows: multidimensional dilemma with four areas: 1. 100% of the coca and cocaine production, consumption, trafficking and produced at an international level money laundering (Cf. Griffith, 1997, 13- originates in South America (UNODC, 22). On the other hand, Pablo Dreyfus, who 2011, 59). has also taken Buzan’s concept, has largely 2. Poppies in Colombia, for example, studied the spillover negative effects of started to be sowed by the same cocaine producer countries on their organizations devoted to the cultivation, manufacturing, distribution and sale of
3 This state-centric definition belongs to Buzan’s cocaine. In other words, the complex classical study People, States & Fear ([1988] 2009). In that gave origin to them is not the his most recent works, Buzan adopts a strong opium-heroine but the coca-cocaine constructivist perspective, so “security issues are complex. made security issues by acts of securitization”, a 3. Marijuana is widely available to the discourse that takes the form of presenting something as an existential threat to a referent object and the direct consumer, and it is evident that audience accepts it as such (Buzan, Wæver, and De the illegal organizations related to its Wilde, 1998, 21-22). With this new approach, Buzan commercialization have not been as abandons the idea that “security is about what is a destabilizing as those connected to the threat, and the analyst can tell whether something coca-cocaine complex. really is a security problem and for whom” (Buzan, Wæver, and De Wilde, 1998, 204). 5
Maria de Los Angeles Lasa Challenges, Cooperation and Paradoxes in the Coca Cocaine Complex
4. Neither the cultivation of cannabis rest of the world outside South nor the cultivation of poppies has America. suffered –like has been the case of the 3. Inside each diagram, state actors and cultivation of coca– the intervention in state-structure actors (states, armed and South America of extra-regional actors police forces); trans-state actors (IGOs); such as the US and, to a lesser extent, inter-state actors (MNCs and other the EU. corporations); non-state actors (criminal groups, paramilitary groups, guerrillas, Having made that clear, and considering, narcos, drug cartels, NGOs); and first, that the coca-cocaine complex is a individual actors (peasants and diffuse threat to the national security in individuals) have been included. South American countries since it is not posed by a particular actor; and, second, that In the following section I analyze the three dimensions of the coca-cocaine international cooperative interactions both complex only affect South American between non-state actors, such as narco countries, the present paper argues that: a) groups, as well as between state and trans- the coca-cocaine complex involves the state actors, such is the case between South interaction of regional and extra-regional American countries and the EU. actors; b) the coca-cocaine complex involves the interaction of states, trans-states, inter- Narco Cooperation vs. International states, non-states and individuals actors; and Cooperation c) the actors involved in the coca-cocaine complex have broadly two kinds of A definition of cooperation interactions: conflict and cooperation. In broad terms, international cooperation involves the interaction of individuals, Regional and extra-regional actors institutions, states and international involved organizations in the pursuit of a common goal of interests. On a general level, then, Identifying actors in any process is a crucial the term cooperation can be defined as “any task if we are to refer to some kind of act of working together to one end” interaction among them. Since this paper is (Siitonen, 1990, 11). Going deeper in the aimed at analyzing the cooperative analysis, however, one may observe that the interactions between some actors involved very concept of international cooperation is in the coca-cocaine complex, we should first relatively vague. identify them. In his article (1990), Siitonen suggests that Without being exhaustive, for the list is the first task to define international always open as the problem continues, the cooperation is to identify the international variety of actors involved in the coca- actors in question, and to determine their cocaine complex include the interaction cooperation criteria. After numerous between regional and extra-regional actors, considerations about the differences and among regional actors themselves and between cooperation and other goal oriented extra-regional actors themselves (see Figure actions (such as competition, assistance or 2). On this regard, some explanatory rivalry), his conclusion is that international comments are due. cooperation could be defined as “any form of social interaction between actors allowing 1. The interaction between actors can them to achieve voluntarily set common be either conflictive or cooperative, and goals by sharing certain resources together” all possible levels of conflict or (Siitonen, 1990, 13). And the author adds: cooperation in that continuum. “cooperation should not be seen as a 2. The term regional actors should be harmonious relationship where no conflicts understood as South American actors, and exist. On the contrary, cooperation may extra-regional actors, are actors from the
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involve hidden power struggles between the power of criminal formations relative to partners, and it may as well be a mode of national governments (Lee, 1995, 210). dominance of one partner over another” On the road from the South American (Siitonen, 1990, 13). Andes to the main consumption markets, Bearing in mind that there seems to be a hundreds of narco-actors intervene in the particular tendency in cooperation studies to process. As a result of this chain of illegal ignore the problems that arise from cooperation, in 2010 between 788 and 1,060 international cooperation, the definition tons of cocaine were produced and provided by Siitonen is optimal in two trafficked (UNODC, 2011, 36). senses. The first one is that it considers the The first step in the line of production of potential power struggles between cocaine is the cultivation of the coca leaf. cooperative partners. And the second one is Just in Colombia, the leading region with the that it states that cooperation “is a social largest extension of cultivated areas, during interaction between actors” (Siitonen, 1990, the 2001-2010 decade an estimated 60.000 to 13). Referring to actors alone, from my point 100.000 families were involved in this illicit of view, Siitonen includes in his definition agricultural activity (EMCDDA and not only states and international Europol, 2012, 15). “Many of them grow organizations, but non-sovereign actors too. coca for a living because the frontier areas This is a crucial aspect in the scope of this lack the infrastructure –especially paper, considering that, in the following transportation– needed for other, licit crops section, I argue that the challenges for South to be profitable, or because they do not have American states arise not only from the access to the resources needed to launch cooperation and conflict between non-state sustainable licit agricultural activities” actors, but also from efforts at legal (EMCDDA and Europol, 2012, 15). international cooperation. After this first stage in which the coca leaf is cultivated, the dynamics of production and Narco-cooperation trafficking already follow an organized Despite the fact that financial interests often process (Table 1). First, the same farmers lead to conflictive relations among them, who cultivate the coca leaf produce the coca cartels and narco-actors often engage in paste, which is nothing else but the coca leaf cooperation. This seems to be a forgotten with lime, ashes, cement or any similar dimension in cooperation studies, which is alkaline. Immediately after that, the farmers strange considering the ample evidence that sell the paste, which is going to be mixed demonstrates the existence of cooperation with kerosene, fuel or any other equivalent between South American narco-actors solvent in order to obtain the cocaine paste themselves, and South American narco- to be sold to the local dealers. Since the actors and criminal organizations based in cocaine paste is usually produced in Asia, Europe and Africa. precarious kitchen laboratories, it is often sold The cooperation between narco-actors to criminal organizations that have better usually involves “market rationalization, equipped facilities and the technical trafficking logistics, money laundering, and resources needed to turn the paste into drug-weapon, drug-cash, and drugs-drugs hydrochloride of cocaine. Currently, these exchanges” (Griffith, 1997, 18). As a result, organizations operate in countries like as Rensselaer Lee has noted, Argentina, Brazil and Venezuela, which have International narco-cooperation opens new more specialized human resources and easier markets for narcotics and other illegal access to chemicals such as potassium products, exploits economies of scale for permanganate or ephedrine (Dreyfus, 2001, selling in those markets, enhances organized 305-306). Once the process of production is crime’s penetration of legal economic and finished, the transportation of the final financial systems, and generally increases the product is coordinated for its distribution to
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Maria de Los Angeles Lasa Challenges, Cooperation and Paradoxes in the Coca Cocaine Complex
the main consumption centers: the US and Griffith has pointed out, there are two main Western European countries. reasons for this. The first reason is related to The moment of trafficking in the coca- domestic factors, “including party rivalry, cocaine complex is probably the most leadership chances, composition and control logistically organized among narco-actors. of the military, budgetary and economic The illegal load not only needs to pass conditions” (Griffith, 1997, 19). The second border controls, but it also needs to travel reason is to do with “differences among long distances through different ruling elites, which cause disparate geographical areas. For instance, in order to definitions of the nature and severity of have some cocaine loads delivered to South threats and, therefore, varies policies and America and Europe, the cocaine must go measures to deal with them” (Griffith, 1997, across the Atlantic Ocean by boat or by 19). plane, the distance to go being more than The War on Drugs led by the US, could be 10.000 kilometers. considered as the paradigmatic case of According to Europol, three main narco- collaboration that results in conflict. After maritime routes towards Europe have been all, the hard core of that counternarcotics identified: the northern route, which originates policy is a militarized solution to a non- in the Caribbean and whose final destination military problem. But the case of study is Portugal or Spain; the centre route, from considered here is that of the EU and some South America to Europe going through the South American states. Canary Islands; and the southern route, from In the mid 1990s, the Andean Community the South coming from Western Africa, and of Nations (CAN) and the EU started from there to Portugal and Spain. Along negotiations to fight against drugs jointly; these paths, the local narco-actors not only and so did the Rio Group and the EU. Since participate in the trafficking but also in the then, there have been important advances in selling in target markets (EMCDDA and coordination and cooperation in the fight Europol, 2012, 15). Some of them, against drug trafficking. A very important according to available evidence, are advancement has been the adoption of a “syndicates, Nigerian networks, and Sicilian Comprehensive Action Plan on Drugs (Panama, and Russian organizations” (Griffith, 1997, 1999) and the different declarations of 18). According to Europol, in the trafficking intention like the one signed in Quito in and selling chain in target markets, “criminal 2009 of Coordination and Cooperation Mechanism groups located in and around the on Drugs among Latin America, the Caribbean Netherlands and Belgium, some of them of and the European Union. Furthermore, in 2009, Colombian origin” (EMCDDA and the Cooperation in Anti-drugs Policies between Europol, 2012, 29) also operate. In the case Latin America and the European Union of the US, the cocaine that arrives there has (COPOLAD) started with the financial been handled by Central American gangs support of the European Commission of 6 and some of the nine drug cartels that million Euros. Besides, there exist programs currently control Mexico (Federico, 2011, which finance the alternative development 67-82). of coca leaf cultivation. By the end of 2009, the funds assigned to these projects were International cooperation: the case of approximately 360 million Euros South American states and the European (EMCDDA and Europol, 2012, 34). Union In spite of the progress of these cooperative International cooperation offers the best efforts through their institutionalization, the prospect for dealing with the coca-cocaine goals of the abovementioned agreements complex, especially since all state and non- reflect the priorities of the anti-narcotics state actors “face resource limitations” policy of the EU: reducing the demand and (Griffith, 1997, 19). However, collaboration among states can also result in conflict. As
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supply of cocaine4. It is highly positive that taken, the traffickers adjust and find these programs have not been militarized, new ways to supply the European like in the case of the cooperation given by market: ‘The traffickers are more the US. In this sense, as has been noted by intelligent than we are, and they change the International Crisis Group, routes quickly’ (International Crisis Group, 2008, 9). In Europe, US and US-led counter-drug policies in Latin America are often perceived While South America receives financial as efforts to exert influence on domestic support to work on the reduction of the politics in Latin America and as drug demand and supply, the real problems counterproductive attempts to reduce the to be faced are infinitely worse: criminal scale of the drug problem by concentrating groups, victims of violence, impoverished on fighting supply in the source and transit farmers, weakened governments, corrupted countries. (...) The EU does, however, police officers, destroyed ecosystems and prioritize reducing supply through consumers of discarded garbage of cocaine. interdiction and law enforcement, in Genuine cooperation should respond to the particular at its borders and within the needs in each region, and not only taking Union, and curbing demand at home into account the needs of European through prevention, treatment and countries. Disregarding this urgency in Latin rehabilitation programs (International Crisis America is actually undoing all the efforts Group, 2008, 9). made to fight against the coca-cocaine complex. Nevertheless, it is evident that there exists an
important gap between Europe and South IV. Concluding remarks America in terms of diagnosing the problem;
a gap that turns anti-drug policies ineffective The negative effects of the intended and inefficient to fight against the coca- cooperation from the two most important cocaine complex, and therefore result extra-regional actors in the fight against beneficial to narco-actors. drugs in South America, i.e. the US and The realities of drug production and Europe, are quite evident. The militarized trafficking in Latin America and limited cooperation of the US in the region has demand reduction progress in Europe, provoked a rise in the violation of human (…) show that EU policy is falling short rights; more corruption of the military and of its goals. The emphasis on supply police forces; the weakening of democracy reduction through law enforcement and in the Andean countries; and the interdiction within the EU and its recrudescence of political violence5, among immediate neighborhood has not others. On the other hand, the unidirectional significantly interrupted the cocaine cooperation of the EU has concentrated on flow. A European Commission official responding to the flux of drug supply and acknowledged that once routes and demand which affects Europe, neglecting methods have been detected and action the real and serious problems that South America has to face. 4 The basic premises of EU policy are contained in In the meantime, narco-actors are advancing in the EU Drugs Strategy (2005-2012) and the EU Action their foul pursuits and, although it would be Plan on Drugs (2005-2008), which seek to coordinate too risky to affirm that narco-cooperation has the actions of the 27 Member States and facilitate international dialogue. Cf. European Council, “EU drugs strategy for the period 2005-2012.” Accessed September 23, 2012. Available at 5 On the negative effects of the War on Drugs led by http://www.emcdda.europa.eu/html.cfm/index1016 the US, it is highly recommended to consult the 11EN.html “EU Action Plan on Drugs 2005-2008.” numerous studies financed by the Washington Office Accessed November 14, 2012. Available at on Latin America (WOLA). Among them, those http://www.emcdda.europa.eu/html.cfm/index1036 directed by Coletta A. Youngers and Eileen Rosin 0EN.html deserve special attention (Youngers and Rosin, 2005). 9
Maria de Los Angeles Lasa Challenges, Cooperation and Paradoxes in the Coca Cocaine Complex been more effective than international cooperation among legal actors, there is not enough evidence to assert that it has not. This brings me back to the paradox that inspired this paper: the challenges for South American states arise not only from the coca-cocaine complex itself, but also from the efforts made to fight against it. Nevertheless, and while the history of the coca-cocaine complex in South America is the history of paradoxes and misconceptions of what the real nature of this scourge is and where the real problems lie, history can be changed… but understanding comes first.
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Tables and figures
Table 1: Stages in the process of elaboration of cocaine and its by-products Coca leaf + Alkaline (lime, cement, etc.) = Coca Paste Coca Paste + Kerosene and sulphuricacid = Cocaine base paste Sodium bicarbonate and acid, Crack Cocaine base acetone, ether, etc. + = paste Potassium permanganate, Cocaine washed or cocaine sulphuric acid and ammonia base Acetone, hydrocloridic acid and Cocaine base + = Hydrochloride of cocaine potassium permanganate Hydrochloride Sodium bicarbonate and acid, + = Crack (of highest quality) of cocaine acetone, ether, etc.
Source: Carrió, Cinquierrui, and Martello, 2006, 7.
Figure 1: The Andean Region and the Southern Cone in South America
The following map shows two areas: the Andean Region and the Southern Cone. Venezuela, Colombia, Ecuador, Peru and Bolivia are highlighted in dark grey; while Chile, Argentina and Uruguay (Southern Cone) are highlighted in light grey. Paraguay and Brazil have been signaled with a lighter shade of grey because depending on the criteria applied, they can be considered – or not– as part of the Southern Cone. Source: personal elaboration.
Maria de Los Angeles Lasa Challenges, Cooperation and Paradoxes in the Coca Cocaine Complex
Figure 2: Regional and extra-regional actors involved in the continuum conflict- cooperation within the coca-cocaine complete
Z1: Narcos Z6: Individuals EXTRA-REGIONAL ACTORS
Z2: Criminal groups Z7: IGOs
Z3: States Z8: NGOs Z : Police forces Z : MNCs 4 9 Z5: Armed forces Z10: Other corporations Z1 Z2 Z10 REGIONAL ACTORS Z3
Z Z9 4
Z5 Z8 Z 6 Z7
X X4 X X 3 5 2 X6 X1 X7
X14 X8
X13 X9
X12 X10 X11
X1: Peasants X8: Armed forces X2: Guerrillas X9: Police Forces
X3: Drug cartels X10: IGOs X4: Narcos X11: NGOs X5: Paramilitary groups X12: MNCs X6: Criminal groups X13: Other Corporations X7: States X14: Individuals
NOTE: This graphic, of personal elaboration, was inspired in that developed by Ivelaw L. Griffith to explain the conflict interactions in what he considers the Geonarcotics milieu (Griffith, 1997, 17).
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References Griffith, Ivelaw L. Drugs and Security in the Caribbean. Sovereignty Under Siege. Belikow, Juan. Temas emergentes: terrorismo, Pennsylvania: Penn State Press, 1997. narcotráfico, tráfico ilegal de personas, crimen organizado. Paper presented at the VI International Crisis Group. “Latin American Encuentro Nacional de Estudios Drugs II: Improving Policy and Estratégicos, Buenos Aires, Argentina, Reducing Harm”, Latin America November 3-5, 2003. Report N° 26, 14 March 2008. Accessed October 15, 2012. Buzan, Barry. People, States & Fear. An http://www.crisisgroup.org/~/media Agenda for International Security Studies in /Files/latin- the post-Cold War Era. Colchester: america/_latin_american_drugs_ii__i ECPR Press, 2009. mproving_policy_and_reducing_harm _final.pdf Buzan, Barry., Wæver, Ole., and De Wilde, Jaap. Security: A New Framework for Lee, Rensselaer W. III. “Dimensions of the Analysis. Boulder (CO): Lynne South American Cocaine Industry.” Rienner, 1998. Journal of Interamerican Studies and World Affairs 30 (1988): 87-103. Carrió, Elisa., Cinquierrui, Sebastián., and Martello, Walter. “Paco, la punta del Lee, Rensselaer W. III. “Global Reach: The iceberg”, Afirmación para una Threat of International Drug República Igualitaria, September 2006. Trafficking”, Current History 94 (1995): Accessed October 15, 2012. 207-211. http://www.cinquerrui.com.ar/Archiv o/documentos/INFORME%20PAC Mejía, Daniel., and Posada, Carlos E. O.pdf “Cocaine production and trafficking: What Do We Know?” In Innocent Dreyfus, Pablo. “Border Spillover: Drug Bystanders. Developing Countries and the Trafficking and National Security in War on Drugs, edited by Philip Keefer South America.” Ph.D. diss., and Norman Loayza, 253-300. Université de Genève, 2001. Accessed Basingstoke: Palgrave MacMilland & September 28, 2012. The World Bank, 2010. http://doc.rero.ch/record/2861/files /DreyfusP-these.pdf Siitonen, Lauri. “Political theories of development cooperation. A Study of European Monitoring Centre for Drugs and Theories of International Drug Addiction (EMCDDA) and Cooperation”, Institute of Europol, “Cocaine: A European Development Studies, University of Union perspective in the global Helsinki, 1990. Accessed September context”, April 2010. Accessed 29, 2012. September 23, 2012. http://www.wider.unu.edu/publicatio http://www.emcdda.europa.eu/html.c ns/working- fm/index101611EN.html papers/previous/en_GB/wp-86/
Transnational Institute. “El paco bajo la Federico, Mauro. País narco. Tráfico de drogas lupa. El mercado de la pasta base de en Argentina: del tránsito a la producción cocaína en el Cono Sur”, Documentos propia. Buenos Aires: Sudamericana, de Debate Drogas y Conflicto N° 14, 2011. Buenos Aires, 2006.
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Maria de Los Angeles Lasa Challenges, Cooperation and Paradoxes in the Coca Cocaine Complex
UNODC. “World Drug Report 2011”, http://www.unodc.org/documents/d Division for Policy Analysis and ata-and- Public Affairs. Accessed October 4, analysis/WDR2012/WDR_2012_web 2012. _small.pdf http://www.unodc.org/documents/d ata-and- Younger, Coletta and Rosin, Eileen. Drugs analysis/WDR2011/World_Drug_Re and Democracy in Latin America. Boulder port_2011_ebook.pdf (CO): Lynne Rienner, 2005.
UNODC. “World Drug Report 2012”, Division for Policy Analysis and Public Affairs. Accessed October 4, 2012.
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Rituals in Conflict Resolution: A Helpful Tool or a New Turn? ANNA BILOUS1, University of Kent, UK, Jagiellonian University, Poland
Abstract
hile the essay will be mostly concentrated on the role of rituals in resolution of conflicts and promoting negotiations and the impact ritual theory can have on conflict resolution as a discipline, it W will also try to address these general questions on substantial issues of conflict resolution development. The essay defends that the study of rituals can substantially deepen the understanding of conflict and conflict resolution in world politics. Therefore, the paper argues that the body of ritual helps to uncover practical ways of tackling the contradiction between universalism and relativism in conflict settlement/transformation. As a unique tool of social order restoration, ritual studies open a new perspective on conflict resolution and, in accordance with a deep conviction of an author? Which one?, give an opportunity to address the critic posed towards conflict resolution as a discipline.
1 Anna Bilous, 24, is a graduate who has recently obtained an MA in European Governance at the University of Kent and the Jagiellonian University. She has previously received her Bachelor and Master in "Political Science" at the Kyiv National Taras Shevchenko University in 2009 and 2011 respectively. Anna’s latest Master thesis was dedicated to the problem of accountability in democracy promotion in third countries and currently interns at Camfed. Her interests include democratic transition, development studies, conflict resolution and political philosophy.
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Relevant Debates on Conflict Resolutions Western-minded. Understanding this problem the author eated debates on contemporary brings attention to the fact that the main conflict resolution2 as a discipline are matter in here is that conflict resolution is Hconnected with tensions between developed within Western schools of social conflict settlement and conflict sciences and is based on the practice of transformation, communitarian and international institutions built by Western universalistic ideas as well as the ones countries. This leads to a situation when between cultural relativism and human conflicts are intentionally or subconsciously universalism (Ramsbotham, Woodhouse, handled in the way that should be Miall, 2011). In this respect, the main understandable for Western system of problem lies in ontological and power relations and structures. At the same epistemological roots of conflict resolution. time, Western countries do what they can do As Polly Walker puts it: “The discipline of – the actions they undertake represent the conflict resolution perpetuates ontological logic that lies upon Western model(s) of violence, the suppression and silencing of states, institutions as well as traditions of Indigenous ways of conceptualizing and resolving conflicts. experiencing the world.” (2004) The issue of After Briefly outlining the differences interpreting conflict resolution as a western- between Western and non-Western centred discipline is still a highly perceptions of conflict resolution it is controversial topic. From one perspective, a important to mention few points. As Abu- human nature can be considered as universal Nimer puts it, the Western model of conflict in its predisposition to conflict and in its resolution is characterised by a direct need to have a certain level of safety, so that method of interaction and communication it is understandable why there should be focused on tangible interests (1996: page). some common mechanisms for achieving Even thought conflict resolution as a field the progress towards the establishment of of activity and a discipline was modified peaceful and safe life-world in different after the condemnations in simplifying societies. At the same time, another conflict resolution to certain steps and approach to this issue considers that conflict measures, in Western approaches the generic resolution covers wide range of conflicts belief in rationalised practises is still quite worldwide and addresses conflicts to remarkable. At the same time, in other promote peace working within remarkable cultural settings conflict can be seen not number of cultural settings. Obviously, an from a perspective of the utilitarian need to involvement into various cultural situations solve it, but as a constant change of social provokes changes and developments in order, as a natural phenomenon that exists conflict resolution, so that it is hardly as a part of just order, as a performance, etc. possible to agree the discipline is entirely Threfore, The main idea of the article in itself is a proposition to approach 2 Being aware about the debates surrounding the contradictions between Western and non- concept of ‘conflict resolution’, here and after in the Western perceptions of conflict resolution paper the notions ‘conflict transformation’, ‘conflict settlement’ and ‘conflict resolution’ are from the perspective of ritual theory. The predominantly used interchangeably.
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rationale that lies behind it is that it helps change of different periods in personal or both (1) to illustrate alternative approaches social life (life-crisis rituals) (2004). Among to conflict resolution and (2) to show how the biggest developments of van Gennep's understanding of rituals in terms of conflict theory is the outline of ritual process' stages resolution can help to integrate different according to which ritual phases include views on conflict and conflict resolution. separation, transition and incorporation (Van Gennep, 2004, 11). An anthropologist Victor Turner develops on this creating a comprehensive structuralist perspective on Ritual studies as a way to address rituals (1969). In his early works he describes problem how rituals create structure and anti- structure through separation, liminality, and In modern social sciences, definitions of reincorporation (idem: 94-131) while later he ritual are so diverse that there is hardly a way emphasises the dynamic dimension of ritual to summarise all the approaches. This telling that it is “a world in becoming, not a created a situation when contemporary world in being” (Turner, 1974, 24). researchers simply resign from the idea of A communicative approach in the ritual catching the essence of ritual (Bell 2009, theory applied by Clifford Geertz presents 138-169; Huesken and Neubert 2011). In ritual as a special language which creates its frames of the essay, the main attention is own symbols and helps communities to dedicated to functionalists and structuralists communicate empowering their own cultural approach towards rituals avoiding the codes (2000). Such an interpretation of ritual implications made by scholars of Cambridge broadens our perception of intercultural myth and ritual school in order to generalise communication and ways to bring up the developments of ritual theory that are compromise in conflict situations. applicable in field of conflict resolution. While rituals definitely play an integrative It is worth noting that the concept of ritual role in the society, as it was shown by itself appeared in social sciences in the end researchers mentioned above, they also may of the XIX century, even though its provide an arena for conflicting groups to etymology has a long history and is derived consolidate against others. Peter Winn from Latin “ritus”. Adopting a functionalists makes an important point in this respect: the perspective on ritual Emile Durkheim in his impact of ritual, according to Winn, Elementary Forms of Religious Life pointed out depends on the definition of the ritual integrative characteristics of rituals such as action itself and not on the intensions of an ability to bring people together, to remind participants (1996, 552-553). This makes them of their commonality and their past, to ritualistic practices safer because of their give them a feeling of belonging to the traditional roots. Indeed, ritual prescribes society and to discipline them. For participants certain roles and prescribes their Durkheim, rituals constitute a cognitive behaviours. In this sense, ritual creates a means of interpreting the social world, dramatic performance the outcome of rendering it intelligible by organizing which is presupposed from the beginning. people's knowledge of the past and present Using the words of Peter Winn, ritual is and their capacity to imagine the future. “characterised by standardized, repetitive Arnold van Gennep, in his work Rites of interpersonal symbolic actions patterned Passagesees, rituals as practices symbolize the according to social customs, which involve 17
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constant form over time, and which does not guarantee that after its influence or orient human affairs” (Winn, empowerment conflict will be resolved, but 1996, 553). While such perspective on rituals it empowers traditional methods to bring gives us a clear basis for distinguishing people together and create a new social rituals from other actions in terms of reality. conflict, it also creates an unwarranted Taking into account previously mentioned impression that ritual is doomed to success. influence of rituals on conflict resolution, The later supposition is supported by one the need for rituals in this field is related to more group of ritual theorists. If previously the fact it is seen by conflict parties as a mentioned researchers of ritual interpret this natural way to solve problems, so that it phenomena taking into account its gives additional legitimacy to new meaningful nature, Frist Staal in Rules developments on the way to ascertainable Without Meaning. Ritual, Mantras and the peace. The framework given by the ritual is Human Sciences points out that the main not rationally built, but culturally inherited characteristic of rituals is that it has “no and this creates its own variations on the meaning, goal or aim” (Staal, 1993, 131). way to re-establishing social order. This researcher considers that rituals are connected with symbolic value in Western After the outline of theoretical basis of the writings just because Western thought comes study of rituals the article resorts to practical from Christian tradition of understanding examples that were traced in the field of sacred ritual as a symbolic act. As a conflict resolution. It is important to note consequence of such state of things that in current publications discovering the meaning? becomes a substitute for religion. role of ritual in conflicts there is a tendency “In ritual activity, the activity itself is all that to see rituals as appropriate tools for counts,” - mentions the author (Staal, 1993, reconciliation of conflict after the stage of 133). Staal derives these conclusions from negotiations is over and the war itself is his assumption that the result of the ritual is already solved. While such approach gives an well known even before the start of the opportunity to see a clear application of the ritual. In practice, when used in conflict theory of ritual developed by structuralist resolution, rituals prove the opposite as it is Turner, most probably the most popular argued by the scientists researching on the theory among scholars in the field, it does grassroots functioning of ritual in conflict. not cover the whole variety of rituals' Stemming from field studies in conflict application conflict resolution. ???Article zones provided by Sharon Lang, Carolyn proposes to illustrate the role of ritual in Nordstrom, DoronPely, Lisa Schirch and conflict resolution with two examples – the other scholars, it becomes evident that ritual case of Mozambique cleansing rituals and gives certain frames to resolve conflict on the Palestinian negotiations ritual (sulha). – different stages. Ritualistic practises address the abstract doesn’t make any reference to different types of conflicts and they can be the case studies. In the abstract or in the involved on the stage of negotiations, as well introduction, you should explain better your as after the visible conflict is over. argument and how you develop it. Nevertheless, rituals only frame people’s behaviours and emotions reflecting beliefs Mozambique: healing the wounds of war. In her and structures functioning in the society. It book Another Kind of War Story Carolyn
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Nordstrom uncovers anthropological (Davidheiser, 2006). Only after the ritual is dimensions of war telling about ways how over, ex-soldier can return to the family and people deal with conflicts in Mozambique communicate with other people without any and how normal life is brought to people's danger. Unmaking violence, according to interactions after the war period has ended Carolyn Nordstrom, is “not a citizen's (Nordstrom, 1997). option, but a social obligation” The case of Mozambique can be seen as an (Nordstrom,1998, 116). Such rituals propose appropriate illustration to Victor Turner's an alternative framework to oppose the theory of ritual. Rituals give Mozambican violence with the usage of collective people an opportunity to create a separate knowledge and traditions (Nordstrom & reality which goes far beyond material Martin, 1992). Such practices correspond to concerns of everyday life. According to the the structure of the society and help people belief of tribes living on territories of to overcome the conflict because they are Mozambique, spirits of the dead live integrated to the people’s worldview. together with the community, so that they can help and influence lives of people. This Palestine: establishing negotiations. Informal creates a situation when after years and years negotiations in the Middle East tradition of of war when soldiers return home it is conflict resolution called sulha provide supposed they are highly dangerous for the factual support to the communicative theory family as they carry the responsibility for of ritual. Sulha is used for settlement of actions undertaken during war period. It is different levels and types of conflicts thought that spirits of killed people can creating basic preconditions for negotiations damage ex-soldiers lives as well as lives of on a wide variety of issues. The main their family members. However this can function of this ritual is to bring conflicting seem ridiculous for Western people, it is parties together through a set of actions hard not to trace an objective side of such taking a communal approach linking concerns: in Western societies the aftermath psychological and political dimensions of of war is also a problem for soldiers conflict resolution (Pely, 2008). However, involved in armed actions and it creates well- the process of sulha seems to be a simplified known pressures on ex-soldiers so that it model of behaviour which gives parties pre- makes cases of successful return to their prepared roles, in fact it is much more “normal” life without additional therapy is complicated. almost impossible. While in Western The success of the ritual is not guaranteed societies the reaction towards such situation by the start of the negotiations. The first is to go to the specialist and to talk about step is made when the Sulha Committee problems trying to overcome them through composed of respected men among the reflection, in other traditions there is a community-members. The second step communal approach towards salvation of includes a set of actions which each party this problem. In Mozambique, they refer to has to perform in order to start sulha traditional ritual where person is healed by process. Practically, it resembles a theatre special procedures made by a spirit medium where parties are forced to start moving or by the oldest and the most respected towards a compromise by traditions. After family member. This person usually gives to this phase of sulha is over, the Sulha the ex-soldier some tea made of special Committee during disputes discusses what herbs and washes away his guilt in a river additional mechanisms should be used to 19
Anna Bilous Rituals in Conflict Resolution
keep the safety during the ritual process. by main philosophical schools, namely After that the main negotiations are carried critical theory (Michel Foucault, Jurgen within the Committee which cooperates Habermas, Mandy Turner) and post- with all parties of the conflict and finally has structural theory (Mark Hoffman, Oliver to decide on a decision that has to be Richmond) (Ramsbotham, Woodhouse, imposed. Parties do respect the decision of Miall 2011, 35-62, 396-413). the Sulha Committee and follow it because, Western ontology and epistemology are in case they do not, they will loose respect different from non-Western and there is no towards them within the community. Sulha need for conflict resolution to search for the ritual proves that, carefully used, rituals can way out of this situation by finding common allow to restore honour and dignity of values and building unified ontological and parties participating in conflict while epistemological frame that would allow provoking reconciliation in the wider different cultural practices to be employed. community (Gellman &Vuinovich, 2008). To a certain extent, this question was arisen by Carolyn Nordstrom: “Talking about If to compare, the main difference between creativity and imagination is not easy within indigenous ritual practices in conflict the confines of Western epistemology. … resolution and Western models of The actual processes of the creation of self negotiations is that, in case of rituals, the and world are poorly understood” whole procedure corresponds to the (Nordstrom 1998, 110). The key solution structure of the society and answers more can be to broaden the frames of conflict complex set of relations between parties. resolution as a discipline and to enrich it Western models of negotiations, on the with analysis of practices used for the contrary, are aimed to give set ‘roles’ to all settlement of conflicts in different historical the parties of the conflict adopting a periods applied in various civilisations. There generalised scheme of conflict resolution on is a huge entirety of knowledge about each particular case without taking into conflict resolution in this perspective that is account cultural differences. The main currently used only within other disciplines. conclusion from both examples of ritual The author argues that there is a rationale application in conflict resolution mentioned standing behind a creation of a special can be that culture is crucial for renewing research field focusing on this sort of mutual understanding, and ensuring the questions within conflict resolution as a basic human right to dignity in and after discipline. conflicts. This implies that potentially ritual As illustrated by the ritual theory, there is a can become an efficient component of need to study phenomena existing in conflict conflict resolution executed by third parties. resolution in different countries, nations, ethnic groups, etc. which are mainly approached by researchers from other disciplines within conflict resolution. Implications for Conflict Resolution Currently, conflict resolution is lacking systemic (re)examination of knowledge The question addressed by the essay is how existing in other sciences from the ritual theory can change conflict resolution perspective of its applicability in giving a comprehensive reply to critics posed contemporary theory and practice of
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conflict resolution. As it was traced on the rituals as culturally inherited ways of example of ritual theory, studies of rituals settlement/transformation of conflicts. are not represented in conflict resolution on a sufficient level. Practically, the massive References knowledge gathered by theorists of ritual is not integrated into conflict resolution. This Belikow, Juan. Temas emergentes: terrorismo, results in a lack of comprehensive theory of narcotráfico, tráfico ilegal de personas, crimen conflict resolution which would address organizado. Paper presented at the VI Encuentro Nacional de Estudios critique in searching for 'universal panaceas'
or 'universalising assumptions'. Abu-Nimer, M. (1996) “Conflict resolution approaches: Western and Middle Conclusions Eastern lessons and possibilities.” In The American Journal of Economics The article explored the main theories of and Sociology, Volume 55, №1 rituals in their connection to the conflict Baker, J. (2000) The Labyrinth – A resolution. Discovering the applicability of Transforming Ritual. YTC publishers, those theories, the article provided examples London. of rituals' usage in world politics. The conclusions drawn from this have provided Bell, C. (2009) Ritual: Perspectives and the evidence that rituals should be seen by Dimensions. Oxford University Press, theorists and practitioners of conflict New-York.
resolution not only as existing on a level of Bergen, J. (2005) Reading Ritual: Leviticus in conflict reconciliation, but implicitly present Postmodern Culture. T&T Clark on different stages of conflict International, London. transformation. The power of ritual in conflict resolution is seen in the essay as Boal, A. (1985)Theater of the Oppressed. depending on its ability to create, order and New York: Theater Communications structure human social institutions. Group.
Moreover, in a broader sense, ritual is always Bocock,R. (1974)Ritual in industrial society: A dealing with social order and social relations, sociological analysis of ritualism. so that it is highly important to study rituals London: Allen and Unwin. from the perspective of conflict resolution, especially in non-Western societies where Buc, P. (2001)The dangers of ritual: Between they have more evident influence on social early medieval texts and social structures and disputes. scientific theory. Princeton: Princeton University Press. Moving towards a more generic conclusion, the essay has shown that the theory of ritual Corkill, D. (2000) «Symbol and Ritual in the can influence the perspectives of New Spain: The Transition to understanding conflict resolution as a Democracy after Franco by Laura discipline. With certain limitations it can DesforEdles» In: The Modern help this field to address serious critics from Language Review, Vol. 95, No. 1 (Jan., 2000), pp. 246-247. Modern the side of critical and post-structuralists' Humanities Research Association. theory. The main challenges conflict Accessed: 28/10/2011. resolution is currently facing as a discipline can be addressed by the understanding of 21
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Crocker, C. A. (2007)Leashing the dogs of Communication Approach to war: conflict management in a divided Consubstantiality.» In Mediation world. Washington, D.C.: United Quarterly 12: 37-54 States Institute of Peace Press Lukes, S. (1975) Political Ritual and Social Davidheizer, M. (2006) «Rituals and Conflict Integration. In Sociology, The Journal Transformation: An Anthropological of British Sociological Association. Analysis of the Ceremonial Vol. 9, № 2: 289-308. Dimensions of Dispute Processing.» Beyond Intractability. Ed. Guy Nordstrom, C. (1997) A Different Kind of Burgess and Heidi Burgess. Conflict War Story. University of Pennsylvania Information Consortium, University Press. of Colorado, Boulder, Colorado, USA. Accessed: 20/10/2011 Nordstrom, C. (1998) «Terror Warfare and
Fischer, J. «Symbol in Mediation.» In: Nordstrom, C. and Martin, J. (1992) The Mediation Quarterly 18 № 1: 87 - 107. Paths to Domination, Resistance, and Accessed 18/11/2011. Terror. University of California Press.
Geertz, C. (2000) The Interpretation of Schirch, L. (2004) Ritual and Symbol in Cultures. New York: Basic Books. Peacebuilding. Bloomfield, CT: Kumarian. Gluckman, M. (1971) Politics, Law, and Ritual in Tribal Society. Oxford Staal, F. (1993) Rules without meaning. University Press. Ritual, Mantras and the Human Sciences. N.Y.: Peter Lang Publishing. Gulliver, P. H. (1979) Disputes and Negotiations: A Cross-Cultural Turner, V. W. (1967) The Forest of Perspective. New York: Academic Symbols: Aspects of Ndembu Ritual. Press. Ithaca, N.Y.: Cornell University Press. Turner, V. W. (1969) The Ritual Process: DesforEdles, L. (1998) Symbol and Ritual in Structure and Anti-Structure. Chicago: the New Spain: The Transition to Aldine. Democracy after Franco. Cambridge: Cambridge University Press. Turner, V. W. (1974) Dramas, fields and metaphors: Symbolic action in human Jennings, S. Theatre, ritual and society. Ithaca: Cornell University transformation: the SenoiTemiars. Press. London: Routledga, 1995. Tylor, E. B. (2010) Primitive Culture: Kertzer, D. (1988) Ritual, Politics and Researches Into the Development of Power. Yale University Press, New Mythology, Philosophy, Religion, Art, Haven and London. and Custom. New-York: Cambridge University Press. Kiely, L. S. and Crary, D. R. (1986) «Effective Mediation - A
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Vallas, K. (2007) Reclaiming the Theory of Ritual: Recent Debates, New Perspectives. Paper presented on the Annual Meeting of Political Science Association. New York City.
Walker, P. O. (2011) "Decolonizing conflict resolution: addressing the ontological violence of Westernization." The American Indian Quarterly. 2004. HighBeam Research. Available at: http://www.highbeam.com/doc/1G1 -132163757.html. Accessed 11/10/2011
Winn, P. A. (1996) Legal Ritual in Readings in Ritual Studies/ ed. by Grimes, Ronald L. Precentice-Hall, Inc
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Irakli Geluk’Ashvili Russias Position Towards the Shield Project
Russias Position towards the Shield Project in Terms of the Neoclassical Realism IRAKLI GELUK’ASHVILI1, UQAM, Canada
Abstract
he Russian foreign policy (or the reaction of Russia on any phenomena) has been often analyzed only in terms of the balance of power, leaving aside the importance and scope of subjective and T internal factors on its conduct. This article aims to demonstrate that Russia’s position towards the European missile shield reflects internal factors, as well as some subjective factors, which reflect the perceptions of Russian political leaders. More precisely, by analyzing Russia's position vis-à-vis the missile shield, we argue that subjective factors, such as leaders' perceptions, play a key role in the conduct of the Russian foreign and security policy. that the ontological and epistemological foundations of a neoclassical realist approach can help us to establish a logical and conscious process in our analysis. This can be explained in part by the fact that neoclassical realism focuses on internal factors to explain foreign policy.
1 Irakli Geluk’Ashvili, 33, is a graduate who received his Bachelor in "Public management" at UQAM in 2009 (Canada). In 2011, he obtained a MA in Public and International Affairs at University of Ottawa (Canada). He has written his Master Thesis on the Russia-NATO relations. Currently he is a PhD candidate in Political science at UQAM (Canada). His research interests include Russian foreign policy, post-soviet space and causes of conflicts. The author expresses his gratitude to Professor Jacques Lévesque, University of Quebec at Montreal, for his comments at the initial stage of work on this article.
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Introduction How can we explain Russia’s position toward European missile shield? What uring the summit that took place on factors are most likely to help us understand the 20th and 21st of May 2012 in Russia’s position? This article aims to DChicago, the North Atlantic Treaty demonstrate that Russia’s position towards Organization (NATO) announced that the the missile shield reflects internal factors, as missile defense system would have an well as some subjective factors, which reflect interim capability. According to the the perceptions of Russian political leaders. Secretary-General of NATO, Anders Fogh More precisely, by analyzing Russia's Rasmussen, the missile shield will allow the position vis-à-vis the missile shield, I argue Atlantic Alliance to defend against threats that subjective factors, such as leaders' originating outside the Euro-Atlantic area. perceptions, play a key role in the conduct of Rasmussen also said that the missile shield the Russian foreign and security policy. It does not target Russia, and if necessary, is seems that the ontological and capable of intercepting missiles from Iran. epistemological foundations of a neoclassical Vladimir Putin surprised everyone by realist approach can help us to establish a announcing his absence at the G8 summit at logical and conscious process in our analysis. Camp David, held just days before the This can be explained in part by the fact that NATO summit, sending in his place his neoclassical realism focuses on internal Prime Minister and former President Dmitry factors to explain foreign policy. Medvedev. According to official Russian First, we will briefly present the neoclassical sources, Putin could not attend the meeting realist approach. Then, we present the due to his busy schedule after the internal and external Russian contexts when presidential elections of March 2012. the intention to install the missile shield was However, we can assume that it was also a announced by the Americans. Finally, in the sign of his disapproval regarding the neoclassical realist framework, we will European missile shield. operationalize the following concepts: The perception of Russian leaders of the perceptions of Russian leaders of the relative international system, and the role that this power of their state and of the balance of shield would play in the international system power, and the impact of ideology on the would not match up with U.S. perceptions design of Russian foreign policy and of the international system. The Russians reformulation of the “grand strategy." could neither understand nor accept the statements of Americans trying to ensure the Neoclassical realism Russian political elite that the shield was Neoclassical realism is primarily a theory of intended only to protect European allies foreign policy. According to neoclassical from possible attacks from "rogue" states. realists, the scope and ambition of States’ The announcement of this shield was foreign policies are determined by their therefore a very negative turning point in relative power, but this impact of power Russia-U.S. relations. The Russian response capabilities on foreign policy is indirect and was firm. This project was considered to be complex, because systemic pressures must a growing threat from NATO. Russia has be interpreted by intervening variables at the announced a series of military intimidation unit level, such as leader’s perceptions and tactics to counter the Alliance’s influence in the State structure (Taliaferro and al 2009, Europe. 5). Consequently, States (or their leaders) are 25
Irakli Geluk’Ashvili Russias Position Towards the Shield Project
mainly guided by their perception of their to pursue the objectives of the national relative power, and the power distribution interest. becomes subjective (Macleod and O'Meara 2010, 126). Background According to the neoclassical realism, Before beginning our analysis, to anarchy gives states wider latitude in contextualize and acknowledge the Russian defining their security interests, while the situation (on intern and external levels) when relative distribution of power sets the the U.S. decision on a missile-defense parameters for grand strategy (Taliaferro and system was put on the table. We can al 2009, 7). Thus, the neoclassical realism distinguish five phases of Russia’s research focuses primarily on intermediate variables for its place in the international system since (all factors within a State: its institutions, its the collapse of the Soviet Union (Levesque relations with society, the beliefs of its 2012, 1). The first-phase ran from 1991 to leaders, the importance of ideologies, etc.) autumn, 1993. The second was 1994 – 2001. and how these variables determine the The third phase began after the September foreign policy (the dependent variable). 11th attacks and ended in 2003. The fourth Neoclassical realists see the balance of began in the end of 2004 and ended with the power rather "as a desirable solution” based Russia-Georgia War of August 2008. The on the perception of the relative distribution fifth phase began in 2009 with the Obama of power in the international system Administration and his attempt to reset U.S. (Macleod and O'Meara 2010, 126). Russia relations (Levesque 2012, 1-2). Neoclassical realism identifies State’s As Levesque noted, between 1992 and 1993, extraction capacity and resource Russian foreign policy was fully and mobilization as a crucial variable between unconditionally aligned with the U.S. the systemic imperatives and foreign and positions (2012, 2). This first phase was security policies. Taliaferro and others have largely fueled by illusions and unrealistic pointed outthat, apart from institutions, expects toward the West. However, very ideational factors such as ideology and quickly Yeltsin and his team began to lose nationalism can play an important role in the popularity. The first adjustments were extraction and mobilization of society's already starting to appear in 1993. The resources (Taliaferro and al 2009, 38). Thus, second phase was characterized by greater the ideology is one of the determinants of inconsistency and Russia’s long struggle State’s power, which can facilitate, but also against NATO enlargement in Eastern hinder the efforts of political leaders to Europe. As Mankoff noted, this was when extract and mobilize resources from Russian leaders recognized that Russia's domestic society. This profoundly depends integration to the West and its institutions from the content of the ideology and the was neither possible nor desirable, at least in nature which political elites and the public the short and medium terms (2012, 5). understand the ideas about the State’s role Thus, at the end of second phase, when vis-à-vis the society. The concept of "grand Vladimir Putin succeeded Boris Yeltsin in strategy", according to neoclassical realists, is 2000, he inherited a range of problems such the level where systemic and unit factors as an unstable institutional environment, a converge. Therefore, the grand strategy climate of demoralization, the deterioration involves a process within the States in order of Russia's relations with the West, the
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diminishing role of Russia in world policies, that their goal was to defend not only the etc. (Lo 2002, 157). As Bobo Lo noted, United States but also its European allies Russia’s weakness manifested in four against missile attacks from "rogue states" primary areas: the search for a new identity (referring to Iran and North Korea). In June (the place of Russia in the post bipolar 2002, the United States abandoned world), a dysfunctional political system, the unilaterally the ABM Treaty, and in rampant corruption and the inability to December of the same year, they announced choose concrete policy priorities (2003, 10). the deployment of interceptors and radars Thus, Putin faced huge challenges in the from 2004. However, even if Russians saw development of a consensual vision of these events as very negative, they still national identity to reform a chaotic political continued to cooperate with the Americans. system and to stop the decline of Russia's Shortly after his re-election in March 2004, international position (Lo 2003, 29). In Putin was confronted with a series of a new addition, 1999 and 2000 were marked by not challenges, both nationally (intensification of just the rise of xenophobia in the Russian terrorist activities in the North Caucasus) society, but also by the growth of anti- and internationally (the Orange Revolution American and anti-Caucasian sentiment in in Ukraine, preceded by the Rose Revolution connection with the events in Kosovo, in Georgia, the destabilization of Central Chechnya and Moscow (as a result of Asia, the expansion of the American military Moscow terrorist attacks). infrastructure near the Russia’s borders, The 9/11 terrorist attacks were seen as an etc.). The United States also intensified opportunity for Putin to establish a truly contacts with the former Soviet States— strategic partnership with the United States. Georgia and Ukraine—that expressed their He was the first head of state to express his intention to join NATO. solidarityto George W. Bush. At the same In 2005, Putin adopted a vision of time, the Russians expressed their desire to "assertion" in foreign policy. Moscow no support the Americans in Afghanistan. In longer believed in the defense cooperation fact, Putin was obsessed with "international with Western countries and insisted on the terrorism" based on radical Islam. For him, acceptance of Russia's interests in world it was the main cause of the inability to win politics (Tsygankov 2010). the war in Chechnya (Levesque 2012, 8). Putin has therefore focused on the international instability (terrorism) and potential economic opportunities. He has Russian leaders' perceptions of the begun to move closer to the West. relative power of the Russian State and However, to the great displeasure of the balance of power Russians, Bush formally supported the The two concepts—relative power and the further enlargement of NATO in the Baltic balance of power—are closely interrelated States in November 2001. Then, in and depend largely upon perceptions of December, he announced that the United political leaders. In this sub-section, we will States would withdraw from the ABM try to answer the two following questions: Treaty to focus on Central Europe and start How do Russian political leaders (political the construction of the missile shield against elite who head the Russian Federation) long-range missiles. From the beginning of perceive the relative power of Russia? And this initiative, the United States indicated consequently, how these leaders perceive the 27
Irakli Geluk’Ashvili Russias Position Towards the Shield Project
international system and the role of Russia in Western ambitions (especially American) in this system? Eastern Europe. The analysis of governmental documents As Tsygankov has noted, Russia felt and Russian leaders’ speeches could provide humiliated because it had to swallow the important insights for understanding the Kosovo war, the enlargement of NATO, the current views on the perception of the post- U.S. unilateral withdrawal from the ABM bipolar international system and Russia’s Treaty, the U.S. military presence in Central place in this system. Asia (the area considered to be Russia’s Putin's speech at the Munich Conference on backyard), the invasion of Iraq and the Security Policy in early 2007 was a turning proposed deployment of a missile shield in point in Russia's relations with the United Central Europe. After the Russian-Georgian States and other Western countries. At this War, Medvedev stated that "we will not conference, Putin has clearly shown how he tolerate humiliation any more, and we are saw the international system. During his not joking" (Tsygankov, 2010: 226). speech he criticized the conception of an Russian leaders' concerns about a missile American "unipolar world," noting that: shield centered around three key elements “The United States go out of their national (Caves & Bunn, 2007: 5-6). Firstly, borders in all areas and it is very dangerous. according to the Russians, this missile shield Nobody feels safe because nobody can find posed a threat to Russia, upsetting Russia’s refuge behind international law" (RTN, strategic stability and causing an arms race. 2007). He also criticized the Bush Secondly, in the case of missile shield Administration for supporting the missile deployment, Russians plan to respond by shield project. At this conference, Putin has targeting Europe with ballistic nuclear sent a clear message by stressing that missiles, and by withdrawing from the Russia's relations with the West have been Intermediate-Range Nuclear Forces Treaty compromised because of America’s (1987), which would allow Russia into destabilising politics (Tsygankov, 2010: 171). Western Europe to target its missiles SS-20 At the Bucharest Summit in April 2008, (Shirinov, 2008: 98; Caves and Bunn, 2007: Russia was able to block the delivery of the 6). Thirdly, according to the Russian Membership Action Plan (MAP) for officials, the Americans had not sufficiently Georgia and Ukraine. Medvedev, as the new informed and did not consult Russians Russian president, criticized the security about the missile shield plan. According to system of the OSCE and NATO. In the Russians, these defense interceptors can addition, he has said that Russia was be turned into offensive weapons (Shirinov, "extremely disappointed" that the United 2008: 98), so they fear that the missile may States signed an agreement to deploy a have a "potential first strike" against Russia missile shield in Central Europe. Meanwhile, (Felgenhauer, 2009). In the end, the the Russians had already tested new missiles Russians accused the Americans of being capable of penetrating the missile defense non-compliant with the principles of system and announced their intention of re- international law as the United States took equipping the new ballistic missiles. In fact, the decision to withdraw unilaterally from seeing no positive response from NATO the ABM Treaty. and the United States, Russia adopted a To sum up, the Russians had several reasons series of measures in order to counter to be wary of the Americans. In the context
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of their history with the U.S., they see the are closely interrelated. We will try to installation of a missile shield in Central identify how threat perceptions through Europe as a campaign to degrade the strategic ideas have "facilitated" the capacities of Russian nuclear strategic extraction of resources from domestic deterrence. Russian leaders’ suspicions society and developed a "grand strategy." regarding NATO are partly fueled by a long Various geo-political schools emerged after period during which the two sides were the collapse of the Soviet Union, whose enemies. NATO, with its shifts in policy objectives were to examine the role and since 1991, has greatly contributed to identity of Russia in the post-Cold War Russian suspicions. In addition, under world. Lo argues that ideology in post-Soviet George W. Bush, in response to Russian Russia remains a powerful factor in the attempts at rapprochement in the early formulation of domestic and foreign policy. 2000s, the Americans responded with However, he notes that every ideology attempts to extend their influence in the brings a unique perspective to the debate on former Soviet space and support the new foreign policy (Lo 2002, 40). We can waves of the NATO enlargement. In the distinguish the three main geo-political end, the Russian political elite were currents of thoughts with its sub-schools: convinced that the Americans had also Westernism, Eurasianism and Centrism. supported color revolutions in some former First, Westernizers argued that Russia is Soviet republics (Georgia, Ukraine, primarily a European country associated Kyrgyzstan), undermining the Russian with the Western world and its institutions. influence in the region. In this context, the According to them, the only condition to unilateral withdrawal from the ABM Treaty adequately respond to different political and and the project of the missile shield in economic challenges is the ability to Central Europe is seen as a new attempt to collaborate with Western countries, as well increase U.S. influence in the post-Soviet as integrate Western institutions. This school space. of thought thus shows a perception of the Therefore, the Russian political leaders West as the only viable and progressive perceive the relative power of Russia civilization in the world (Tsygankov 2003, diminished and threatened by foreign forces. 107). According to them, the Iranian threat does ////Contemporary Eurasianism (unlike the not exist and over time the number of Eurasianism of the early twentieth century) interceptors can grow, that will create a is a mixture of different ideas of identity in global missile defense system, thus response to a range of emotional and strengthening the position of the United intellectual needs. There is the specificity States as hegemony in a unipolar world. and exclusivity of Russia as a country both European and Asian, the importance of its Impact of ideology and the "grand geographical size, its mission, etc. In general, strategy" Eurasianists see the West (and particularly In this section, we will analyze Russia’s the United States) as the main threat to position from two other concepts: the role Russia’s cultural identity. They believe that of ideology in the extraction and Russia should take advantage of its mobilization of resources from society and geographical position and mobilize its the development of a "grand strategy." resources in order to face the “Atlantist” These two concepts, as in the previous case, world widely associated with the United 29
Irakli Geluk’Ashvili Russias Position Towards the Shield Project
States. In summary, contemporary lacked the resources to compete with new Eurasianism was designed as a "recipe" for major players (the EU, China, etc.), and the reconstruction of a Soviet-style Russia, especially with the United States, which in terms of its borders and its authoritarian began to pursue their own goals in the post- political system (Mankoff 2009, 65). In other Soviet space (Morozova 2009, 672-3). As a hand, it allows the participation of Russia in result, Putin has opted for a more pragmatic almost of all major issues of world politics and moderate policies while adopting (Lo 2002, 18-19). elements of each current of thought in order The last major geo-political current is to consolidate Russia’s position. “Centrism.” This school of thought has Westernizers saw the opportunity to get emerged as a reaction to the pro-Western closer to the West, and Eurasianists saw the liberalism conducted under the Yeltsin- opportunity to see Russia as a great power. Kozyrev tandem and focuses mainly on the Basically, the desire to become a great power new liberal era. According to the centrists, was seen as a necessary condition to defend given its geographical location, Russia must national interests in interactions with other play the role of bridge between the Western states. Thus, as Miller noted, the main policy and non-Western world. Centrists do not objective was to restore Russia's great power necessarily see the West as hostile and are status, even if the ideology behind these willing to cooperate with anyone who objectives was not always clear. The key was supports the balance of international power to recognize the necessity of their existence and the role of Russia in this balance as a factor of orientation and legitimation (Tsygankov 2010, 95). (Miller 2011, 18-9). In sum, after the collapse of the Soviet The missile shield project contradicted the Union, the political elite began to search for Russian ideational inspirations, undermining a new identity and a place for the "new" Russia’s desire to once again become a great Russia. Westernizers’ failed attempts to power and play a major role in world develop a strategic partnership with the politics. In summation, the external threats West and its institutions during the 1990s to Russia were determined by the Russian have increased the mistrust among the leaders’ perceptions of the post-Cold War Russian political class and the general public. international system and the relative power For example, according to the 2006 polls, of the Russian state (as we saw in the approximately 50 percent of Russians previous section). This conception of believed that NATO was a threat to Russia, threats, in turn, has pushed the Russian compared to the 2005 rate of about 40 leaders to adopt a new “grand strategy”, percent. In 2008, approximately 59 percent which was a mixture of various strategic of respondents saw as negative the ideas borrowed from different ideologies. As possibility of NATO enlargement to an ideational factor of extraction and Ukraine and Georgia (Korrespondent 2008). mobilization of society's resources, the Eurasianism, which is considered as a major ideology has facilitated the Russian ideology, has been reduced to certain government's position in that it largely elements of its "geo-politics." As noted by reflects the opinion of the general public. Natalia Morozova, Russia had neither the Indeed, the political elites and the general capacity nor the desire to exercise Soviet- public distrusted Western institutions and style control over the post-Soviet space. It favored the Putin’s method of undertaking.
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distrustful attitude towards the West, Conclusion particularly toward NATO. During Yeltsin’s We made an analysis of Russia’s position first presidential term, part of the general toward the European missile shield from the public was convinced that Russian foreign neoclassical realist approach. Each of the policy was dictated from Washington. This variables that we analyzed gave us a different has largely influenced the change and perspective. We explained the position of continued the pattern of foreign policy Russia based on perceptions of Russian under Putin. leaders, including how they perceive the relative power of their state and the
international system. We also showed the References scope of ideology and position of the general public towards this ideology. Belikow, Juan. Temas emergentes: terrorismo, At the end of our analysis, we can draw narcotráfico, tráfico ilegal de personas, crimen certain core conclusions corresponding to organizado. Paper presented at the VI the objective set in the introduction of this Encuentro Nacional de Estudios article. First, Russia’s position towards the missile shield depends largely on internal and Bassin, Mark (1991), « Russia between Europe and Asia: The Ideological subjective variables. Therefore, in the eyes of Construction of Geographical Space”, Russian leaders, the installation of a missile Slavic Review, Vol. 50, No. 1, pp. 1- shield in Central Europe implies both a 17. threat to Russian security and the desire of the West to undermine Russian influence in Caves, P. John &Bunn, Elaine (2007), Europe. They viewed the international « Russia’s Cold War Perspective on system as dominated by the United States, Missile Défense in Europe », Points de vue, Fondation de la recherché where they act unilaterally without taking stratégique, 11p. ? into account the interests of other states. http://www.frstrategie.org/barreFRS NATO is seen as the U.S.’s strategic and /publications/pv/defenseAntimissile/ military instrument. pv_20070503_eng.pdf As an ideational factor of the extraction and (accessedSeptember 21, 2012). mobilization of society's resources, the Felgenhauer, Pavel (2009), « Russians See impact of ideology was significant and U.S. Missile Defense in Poland Posing favored the Russian government’s stance Nuclear Threat”, Consil on foreign against the installation of the missile shield. relations, Interview, March 18, 2009, In fact, looking at the unsuccessful attempts [] : http://www.cfr.org/missile- of "Westernizers" in the early 1990s to defense/russians-see-us-missile- approach the West and its institutions, the defense-poland-posing-nuclear- Russian political elite and the general public threat/p18813 (accessed September 1st, 2012). were convinced that it was better to rely on
their internal resources. It thus was agreed Korrespondent (2008), “Rossianeuverenij, that the way to achieve this goal was to chtovstuplenie v become a great power and gain respect from NATOnegativnoskajetsianaUkrainu”, the other powers. Korespondent, 17 april, In the end, since the collapse of the USSR, () :http://korrespondent.net/russia/4 the general public has shown a more 37219-rossiyane-uvereny-chto- 31
Irakli Geluk’Ashvili Russias Position Towards the Shield Project
vstuplenie-v-nato-negativno- vladimir_poutine_attaque_les_etats- skazhetsya-na-ukraine (accessed unis.html (accessed April 15, 2011). October 1st, 2012). Shirinov, Rashad (2008), “US Missile Lévesque, Jacques (2012), “Balancing US defense Shield and Russia: Second Hegemony in World Affairs; Russia’s Cold War as a Farce”, Caucasian relations with China: a twenty years Review of International Affairs, Vol. 2 perspective”. (2) – Spring 2008, pp. 94-100.
Lo, Bobo (2002), “Russian foreign policy in Taliaferro , W. Jeffrey (2009), « Neoclassical the post-Soviet era: reality, illusion and realism and resource extraction: State mythmaking”, Houndmills, New building for future war” InLobell, E. York, Palgrave, 223 Steven, Ripsman, M. Norrin, Taliaferro, W. Jeffrey (dir.) (2009), Lo, Bobo (2003), “Vladimir Putin and the “Neoclassical Realism, the State, and Evolution of Russian Foreign Policy”, Foreign Policy”, New York, The Royal Institute of International Cambridge University Press, 299 Affairs, Chatham House, London, 165 Taliaferro , W. Jeffrey et al. (2009), Macleod, Alex &O’Meara, Dan (ed.)(2010), « Introduction : Neoclassical realism, « Théories des relations the state, and foreign policy » internationales : Contestations et InLobell, E. Steven, Ripsman, M. résistances », 2e édition revue et Norrin, Taliaferro, W. Jeffrey (dir.) augmentée. Montréal: AthénaÉditions, (2009), “Neoclassical Realism, the 661 State, and Foreign Policy”, New York, Cambridge University Press, 299 Mankoff, J. (2012), « Russian Foreign Policy: the Return of Great Power Politics”, Tsygankov, A. P. (2003), “Mastering Space Rowman& Littlefield, 2e éd. 345 in Eurasia: Russia’s Geopolitical Thinking after the Soviet Break-Up”, Miller, F. Robert (2011), “Goal Rationality in Communist and Post-Communist the Formulation and Conduct of Studies, vol.36 (1) : 101-127. Soviet and Russian Foreign Policy”, Australian and New Zealand Journal Tsygankov, A. P. (2010), “Russia's Foreign of European Studies, Vol.2(2)/3(1), Policy: Change and Continuity in pp. 10-25. National Identity”, New York: Rowman and Littlefield Publishers, Morozova, Natalia (2009), “Geopolitics, 2nd edition, 292 Eurasianism and Russian Foreign Policy under Putin”, Geopolitics, No.14, 2009, pp. 667–686.
RTN, „Conférence de Munich : Vladimir Poutine attaque les États-Unis‟, 10.02.2007 [en ligne]:http://rtn.ch/rtn/actualite/inter nationale/000conference_de_munich_
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Political Dogma strolls Non Political Moral Decision Making Processes: A Quantitative Analysis of Ideological Decision Making of Liberals and Conservatives in Western Europe
IBRAHIM NOORANI1, Benazir Bhutto Shaheed University KHURRAM SHAKIR2, Benazir Bhutto Shaheed University MUDDASIR HUSSAIN3, Benazir Bhutto Shaheed University
Abstract
thical enigma kernelling concerns about actions against concerns about consequences have been dealt by philosophers and psychologists to measure “universal” moral intuitions. Although these enigmas E contain no evident political content, we decipher that liberals are more likely than conservatives to be concerned about consequences, whereas conservatives are more likely than liberals to be concerned about actions. This denouement is exhibited in two large, heterogeneous samples and across several different moral dilemmas. In addition, manipulations of dilemma averseness and order of presentation suggest that this political difference is due in part to different sensitivities to emotional reactions in moral decision-making: Conservatives are very much inclined to “go with the gut” and let affective responses guide moral judgments, while liberals are more likely to deliberate about optimal consequences. In this article, extracting a sample from Western Europe, we report evidence that political differences can be found in moral decisions about issues that have no evident political content. In particular, we find that conservatives are more likely than liberals to attend to the action itself when deciding whether something is right or wrong, whereas liberals are more likely than conservatives to attend to the consequences of the action. Further, we report preliminary evidence that this is partly explained by the kernel of truth from the parodies – conservatives are more likely than liberals to “go with the gut” by using their affective responses to guide moral judgment.
This research was supported by our friend and colleague Ms. Fahdila Azam (Lecturer, Department of Economics, BBSU) who helped me in the application of two-level hierarchical logistic regression models. We are also indebted to Ms. Maria Abdeali (Research Fellow, Department of Experimental Psychology, Oxford University, UK) for her sincere efforts in the collection of data used in this research.
1 Ibrahim Noorani, is a Lecturer at the Department of Public Administration at the Benazir Bhutto Shaheed University (BBSU), Lyari, Karachi
2 Khurram Shakir, is a Lecturer at the Department of Public Administration at the Benazir Bhutto Shaheed University (BBSU), Lyari, Karachi
3 Muddasir Hussain, is a Lecturer at the Department of Public Administration at the Benazir Bhutto Shaheed University (BBSU), Lyari, Karachi 33
Noorani, Shakir, Hussain Political Dogma strolls Non Political Moral Decision Making
Introduction answer these questions normatively. More recently, behavioural and cognitive scientists onservative is traditionally viewed as have taken them under consideration to an individual who is reluctant to accept deliver a semantic account of the practices C change in favour of preserving the involved in ethical and moral decision- status quo and traditional values and making. This empirical vestige denotes that customs, whereas Liberal is a person who is when people choose inaction (i.e., they deemed tolerant of different views, refuse to kill one person) these discretions standards of behaviour and the belief in are based largely on “hot” affective reactions equality for all (Encarta Word English of aversion to the action itself, whereas Dictionary). Various psychological studies consequentialist responses (i.e., killing one to have been done in order to understand the save many) are reached via “cold” processes different conservative and liberal mindsets. of deliberative reasoning (Cushman, Young, Stephen Colbert’s parody of American & Hauser, 2006; Greene, Sommerville, conservatism takes aim at right-wing claims Nystrom, Darley, & Cohen, 2001; Greene et to intuitive moral clarity about right and al., 2009). wrong actions, regardless of situation or consequences: “Since the beginning of my Despite having no explicit political content, show I’ve led a crusade against facts. Too there are doctrinal reasons to expect often, they upset the truth that’s in your gut” ideological differences in approaches to (The Colbert Report, January 9, 2007). The these enigmas. John Stuart Mill, after all, is mirror-image parody of liberals presents the father of both liberalism and them as irresolute moral flip-floppers, utilitarianism. Conservatives often express changing their moral convictions to suit the contempt for moral relativism and situation and its likely consequences. situational ethics, preferring rules that are Although political differences in what binding and eternal (Hunter, 1991; Sowell, partisans morally care about are well-known 2002), and may thus be more likely than (Feather, 1979; Feldman, 2003; Graham, moderates or liberals to object to actions Haidt, & Nosek, 2009), these parodies violating such rules. Liberals, on the other suggest that political ideology may influence hand, may be more likely to question the how people make moral decisions, regardless justification of rules and endorse civil of what those decisions are about. disobedience or other forms of morally- Some ethical enigmas force a choice motivated law-breaking (Kohlberg [1969] between a morally aversive (or even gut- called this a hallmark of post-conventional wrenching) action and a dormancy that thinking). Also, liberals are more likely to produces even worse consequences. For embrace efforts to make delicate instance, is it morally permissible to kill one adjustments to laws and traditions in order person (action) in order to save the lives of to maximize overall utility (Muller, 1997). many who would otherwise perish (consequence)? Philosophers (Foot, 1967) Having the hot/cold findings discussed and legal theorists (Thompson, 1986) have above, however, it is possible that employed such hypothetical enigmas to ideological differences in responses to these
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enigmas could be due to differential use of order. If conservative moral judgments are affect in moral decision-making. For more sensitive to affective reactions, then instance, conservatives may be more inclined the strong affective response to the more to reject consequence- optimizing actions aversive action may be more likely to linger because of their intuitive aversion to them, and influence subsequent judgment of the not because of a deliberate endorsement of less aversive version of the same dilemma. deontological principles. This is predicted For example, seeing the organ transplant based on earlier work showing ideological version first should make the fumes version differences in tolerance of ambiguity, needs seem more aversive, especially for for cognition and cognitive closure, and conservatives. disgust sensitivity (see Jost, Federico, & Napier, 2009, for a review). We investigated Material and Methods whether conservatives would be more inclined to focus on actions, and liberals on Participants consequences. We were also interested in Participants were 656 visitors (48% female, whether any differences we found might be median age 30) to the YourMorals.org due to differential reliance on affective website; 473 were from the UK, 70 from reactions. We gave several different moral Germany, 48 from France and 39 from dilemmas to a large and demographically other countries of the EU. Political identity diverse sample. Each dilemma had two was self-reported on a 10-point scale that versions that were presented sequentially. included a 7-point liberal- conservative Dilemmas varied widely in terms of settings, continuum plus 3 additional options. There actions proposed, and overall averseness, yet were 356 liberals (three scale points, from each set of dilemmas had the same logical slightly to extremely liberal), 80 moderates, structure. One version required an aversive and 101 conservatives (three scale points). action to prevent negative consequences All analyses retained the seven-point (e.g., killing one patient in a hospital and strongly liberal to strongly conservative using the organs from that patient to save scaling. The 54 “libertarian,” 27 “other,” and the lives of four others), while another 38 “don’t know/not political” were version had the same costs and benefit but excluded, leaving a sample of 501. required a less aversive action (e.g., redirecting deadly fumes in a hospital, killing Procedure one patient to save four others). In each case, we expected that conservatives would Participants self-selected to take a study be more likely than liberals and moderates to described as “Moral Dilemmas – What is the prioritize the action in moral judgment, right thing to do in difficult situations?” rejecting the action as morally impermissible Participants were instructed to go through 6 despite its utilitarian justification. moral dilemmas and were asked a question about the right thing to do in each case. To test whether a difference in sensitivity to They were shown two different versions of affective reactions is the potential each dilemma with exact same consequences mechanism for ideological differences in but requiring different actions. Participants moral reasoning, we presented the more and were randomly assigned to condition: either less aversive versions of each dilemma the more aversive version of each dilemma together, and manipulated their presentation (previously called the “personal” version 35
Noorani, Shakir, Hussain Political Dogma strolls Non Political Moral Decision Making
[Greene et al., 2001]) always came before the conservatives about actions. To test the overall less aversive (“impersonal”) version, or the influence of political ideology, we tested a less aversive version always came before the model with ideology (z-scored) as the only more aversive version. The order of the six level-2 predictor. There was a main effect of dilemma pairs was randomized for each ideology, such that conservatives were more participant. The dilemmas were adapted inclined than liberals to reject the action from Greene et al. (2001), and modified so despite its prevention of worse that the two versions were the same except consequences, B = .17, t(417) = 3.11, p = for the action required. The titles of the .002. Ideology remained a significant unique dilemmas – "Trolley," "Doctor," "Father," predictor of responses (B = .13, t (413) = "Vaccine," "Safari," and "Lifeboat" – and 2.24, p < .05) when gender (0 = male, 1 = names describing the unique action (e.g., female) as well as age, religious attendance, “Doctor Dilemma – Fumes Version”) were and education level (all z-scored) were added visible to highlight the similarity within each as level-2 predictors. pair. Participants answered “Is it morally appropriate for you to [do action] in order to 1Conservatives were significantly less [prevent some other danger]?” with a inclined to make consequentialist decisions dichotomous Yes/No response. Then they in four of the six dilemmas when examined answered “How certain are you about your separately. Relations to politics and means answer?” with a 7-point scale from for each dilemma in each political ideology “extremely uncertain” to “extremely on responses to these moral dilemmas was certain.” Full text of all dilemmas can be replicated even when only one condition are found in the supplements. provided in Table 1. In a separate data collection (N = 4981), the main effect of Results condition are provided in Table 1. In a separate data collection (N = 4981), the Data were analyzed using two-level main effect of version of each dilemma was hierarchical logistic regression models, with given to each participant (see online within- person factors (the dilemma’s supplements). averseness and its order, i.e., whether it was Less aversive moral dilemmas were rejected more presented before or after the other version when they followed the more aversive versions. In a of the same dilemma) at Level 1 and model that included Averseness (-1 = less between-person factors (self reported aversive, 1 = more aversive), Order (-1= demographics) at Level 2. The outcome first, 1 = second), and the Averseness X measure was whether the participant deemed Order interaction as level-1 predictors, there the action to be morally appropriate or not were significant effects of Averseness, B = (Yes/No); more “Yes” responses indicated .81, t (5535) = 24.11, p < .001 (people were greater concerns about the consequences of more likely to say “No” to the more aversive inaction within the dilemmas, and more dilemmas) and Order, B = .10, t (5535) = “No” responses indicated greater concerns 2.88, p = .005 (people were more likely to about the actions required to attain those say “No” when the dilemma came second). consequences. There was also a significant Averseness X Order interaction, B = -.14, t (5535) = 2.38, Liberals were more concerned about consequences, p = .02, indicating that the effect of Order
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was stronger for the less aversive dilemmas (765) =1.20, p = .23) showed a significant than it was for the more aversive dilemmas. Averseness X Order interaction, but Running separate models for each dilemma conservatives did, B = -.31, t (1074) = 2.43, type revealed an effect of Order for less p = .02. We further decomposed this aversive dilemmas, B = .23, t (2763) = 4.16, interaction for conservatives, testing the p < .001: People were more likely to reject effect of order separately for less aversive the less aversive actions when they followed and more aversive dilemmas. the more aversive actions. In contrast, Conservatives were more likely to reject the following the less aversive versions had no less aversive actions when they followed, effect on responses to the more aversive rather than preceded, the more aversive versions, B = -.03, t (2772) = -.43, p = .67, actions, B = .45, t (534) = 3.80, p < .001. suggesting that the order effects found were Conversely, following the less aversive not simply driven by consistency pressures. versions had no effect on responses to the This replicates findings using the trolley more aversive versions, B = -.09, t (540) = dilemma (Lombrozo, 2009; Petrinovich & .63, p = .53. This suggests that the negative O’Neill, 1996; Schwitzgebel & Cushman, affect induced by the more aversive 2010), one of the six we used, in a diverse dilemmas lingered and influenced the less sample and across multiple dilemmas. aversive versions shown afterward, but only 1Each of these covariates was also a significant predictor of for conservatives. responses to the moral dilemmas: being female (B = .50, 1 p < .001), older (B = .20, p = .001, more religious (B = .20, p Discussion = .001) and more educated (B = .14, p < .05) all predicted greater rejection of the actions. First proof is extracted from the two large samples which denote that conservatives are Averseness lingered for conservatives, but not for more likely than liberals to respond to liberals or moderates. To test whether the ethical enigmas based on the actions strength of the order effect for less aversive required, and liberals are more likely than dilemmas varied by political ideology (i.e., conservatives to respond based on the whether politics moderated the Averseness consequences of inaction. The effect was X Order interaction) we tested a model with consistent across a diverse set of dilemmas Averseness, Order, and their interaction as including a variety of roles, situations, level-1 predictors and politics as a level-2 actions, and tradeoffs. Interactions with this predictor. The main effects of Averseness, effect provided antecedent evidence that the Politics, and Order, as well as the political differences were due in part to Averseness X Order interaction remained conservatives’ greater sensitivity to affect in significant. In addition, there was a their moral decision-making. Conservatives significant Averseness X Order X Politics were more affected by the order interaction, B = -.12, t (5531) = 2.05, p = manipulation: seeing the more aversive .04. To decompose this 3-way interaction, versions first made them more likely to also we tested separate models for liberals, reject the less aversive actions. Seeing the moderates, and conservatives. This allowed less aversive version of scenarios first did us to determine how the Averseness X not have an effect on subsequent judgments Order interaction varied across the three of more aversive versions, suggesting that groups. Neither liberals (B = - .09, t (3688) results were not driven simply by a desire to = 1.18, p = .24) nor moderates (B = -.22, t be consistent. The gut-level reaction to an 37
Noorani, Shakir, Hussain Political Dogma strolls Non Political Moral Decision Making
action like removing someone’s organs normatively optimal in decision research against their will lingers, and makes a less (Baron & Spranca, 1997; Sunstein, 2005), aversive action like redirecting deadly fumes this has been disputed (Bennis, Medin, & seem morally inappropriate as well – but Bartels, 2010). Liberal consequentialism can only for conservatives. be taken as a sign of wise and thoughtful deliberation in moral matters, or as irresolute It is noteworthy that seeing the more flip-flopper in the face of changing aversive dilemma first increased rejections of circumstances. Conservatives’ action- the subsequent less aversive action, but focused stands can be taken as decisiveness seeing the less aversive dilemma first had no and strong moral character, or as arrogant effect on responses to the subsequent more ignorance of the consequences of behaviour. aversive version. The palpable affective Just as liberal and conservative moral reaction to aversive scenarios (e.g., removing education approaches make normative someone’s organs against their will) may just appeals to different sets of moral values be too strong to allow for cold consequence- (Graham, Haidt, & Rimm-Kaufman, 2008), weighing calculations (e.g., four lives > one liberals and conservatives may also differ in life), even in a subsequent decision involving opinions about which approach to moral a less aversive action. This asymmetry in decision-making is normatively better. The order effects supports the idea of affective descriptive results of our study cannot primacy in moral judgment (Haidt, 2001): normatively tell us which ideological group the aversion remained with participants, is more virtuous, but they do suggest that while the rational deliberation did not. individual difference approaches can Conservatives’ responses to the less aversive contribute to our understanding of the dilemmas in general – and following the processes of moral judgment and decision- more aversive ones in particular – support making. Contrary to Universalist claims our hypothesis that conservatives’ moral (Hauser, 2006), individuals do systematically judgments are more sensitive to intuitive vary in their responses to these abstract and affective reactions than are liberals’. hypothetical dilemmas. This systematic However, our inference about the role of variation may account for why some affect is indirect. Though previous research conservatives consider themselves more demonstrating that more aversive dilemmas virtuous, due to their moral consistency, elicit stronger affective reactions (Greene et. while some liberals consider themselves al, 2001; 2009) supports our inference, a more virtuous, due to their moral rationality. valuable next step would be to replicate Further studies combining individual these results while measuring affective difference and experimental approaches will reactions more directly (e.g., with shed light on both the nature of political physiological measures). ideology and the mechanisms of moral decision-making. As a first step, the present 5. Conclusion findings indicate that conservatives are more likely to focus on actions (and liberals on These descriptive moral decision-making consequences) in moral tradeoffs, and differences do not necessarily imply any suggest that this is partially due to the particular normative conclusions. Although stronger role that affects plays in moral consequentialism has been cast as conservative moral decision-making.
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of calculation and moral rules. These findings can be highly useful and have Perspectives on Psychological significant implications for fields including Science, 5, 187-202. political science, moral psychology, and Cushman, F.A., Young, L., & Hauser, decision science. They call into question M.D. (2006). The role of conscious popular perceptions of liberals as “bleeding reasoning and intuition in moral hearts,” more affected than conservatives by judgment. Psychological Science, 17, feelings in their moral and policy opinions 1082–1089. (Farwell & Weiner, 2000). The findings also suggest that partisans may differ even in Farwell, L. & Weiner, B. (2000). Bleeding their initial approaches to novel issues, with hearts and the heartless: Popular those on the left focusing more on likely perceptions of liberal and conservative ideologies. Personality consequences and those on the right and Social Psychology Bulletin, 26, focusing more on immediate reactions about 845-852. the rightness or wrongness of an action regardless of the consequences. The fact that Feather, N. (1979). Value correlates of the differences were found using non- conservatism. Journal of Personality political dilemmas suggests that moral and Social Psychology, 36, 1617- disagreements between ideological 1630.
opponents involve not only different Feldman, S. (2003). Values, ideology, and prioritizations of moral concerns (e.g., the structure of political attitudes. In equality vs. social order), but different D. O. Sears, L. Huddy, & R. Jervis processes of moral decision-making. (Eds.), Oxford handbook of political However, due to its artificiality these psychology (pp. 477–508). Oxford, dilemmas are non-representative of everyday United Kingdom: Oxford University morality (Pincoffs, 1986), and thus future Press. work is needed to determine how accurately Foot, P. (1967). The problem of abortion such political deviations synthesize to other and the doctrine of double effect. domains of ethical discretions. Oxford Review, 5, 5- 15.
Graham, J., Haidt, J., & Nosek, B.A. (2009). Liberals and conservatives rely on different sets of moral foundations. Journal of Personality and Social Psychology, 96, 1029- 1046.
Graham, J., Haidt, J., & Rimm-Kaufman, References S.E. (2008). Ideology and intuition in moral education. European Journal Baron, J., & Spranca, M. (1997). Protected of Developmental Science, 2, 269- values. Organizational Behaviour 286. and Human Decision Processes, 70,
1-16. Greene, J.D. (2007). The secret joke of Kant's soul. In W. Sinnott- Bennis, W.M., Medin, D.L., & Bartels, Armstrong, Ed., Moral Psychology, D.M. (2010). The costs and benefits 39
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Vol. 3: The Neuroscience of Chicago: Rand McNally, pp. 347- Morality: Emotion, Disease, and 480. Development. Cambridge, MA: MIT Press, pp. 35-80. Lombrozo, T. (2009). The role of moral commitments in moral judgment. Greene, J.D., Cushman, F.A., Stewart. Cognitive Science, 33, 273-286. L.E., Lowenberg, K., Nystrom, L.E., and Cohen, J.D. (2009) Pushing Muller, J. Z., Ed. (1997). Conservatism. moral buttons: The interaction Princeton, NJ: Princeton University between personal force and intention Press. in moral judgment. Cognition, 111 , 364-371. Petrinovich, L. & O’Neill, P. (1996). Influence of wording and framing Greene, J.D., Sommerville, R.B., Nystrom, effects on moral intuitions. Ethology L.E., Darley, J.M., & Cohen, J.D. and Sociobiology, 17, 145-171. (2001). An fMRI investigation of emotional engagement in moral Pincoffs, E. L. (1986). Quandaries and judgment. Science, 293, 2105-2108. virtues: Against reductivism in ethics . Lawrence, Kansas: University of Haidt, J. (2001). The emotional dog and its Kansas Press. rational tail: A social intuitionist approach to moral judgment. Schwitzgebel, E. and Cushman, F.A. Psychological Review, 108, 814-834. (2010). Expertise in moral reasoning? Order effects on moral Hauser, M.D. (2006). Moral minds: How judgment in professional nature designed our universal sense philosophers and non-philosophers. of right and wrong. New York: Manuscript under review. Harper Collins. Sowell, T. (2002). A conflict of visions: Jost, J.T., Federico, C.M. & Napier, J.L. The ideological origins of political (2009). Political ideology: Its struggles. New York: Basic Books. structure, functions, and elective affinities. Annual Review of Sunstein, C. R. (2005). Moral heuristics. Psychology,60, 307-333. Behavioral and Brain Sciences, 28, 531-542. Kohlberg, L. (1969). Stage and sequence: The cognitive-developmental Thomson, J.J. (1986). Rights, restitution, approach to socialization. I n D. A. and risk: Essays in moral theory. Goslin, Ed., Handbook of Cambridge, MA: Harvard University socialization theory and research. Press.
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Appendix 1. Table 1.
Relation to political orientation and percentage of participants endorsing the required action for each moral dilemma
Relation to Endorsement Dilemma Politics (r) More Aversive Less Aversive version version
Shown First Shown Second Shown First Shown Second Doctor .10* .04 .03 .77 .57 Father .18** .06 .09 .15 .09 Lifeboat .07 .25 .22 .66 .60 Safari .10* .37 .35 .52 .41 Trolley .11* .12 .17 .81 .65 Vaccine .07 .35 .39 .45 .37
Note. Relations to politics collapsed across averseness and order of presentation; positive numbers indicate liberals more likely to endorse. * = p < .05, ** = p < .01.
2. Text of moral dilemmas.
(More aversive version of each is shown first, less aversive second.)
Doctor Dilemma – Transplant Version: You are a doctor working in a hospital. You have four patients, each of whom is about to die due to a failing organ of some kind. You have another patient who is healthy. The only way that you can avoid the deaths of the first four patients is to transplant four of this woman's organs (against her will) into the bodies of the other four patients. If you do this, the woman will die, but the other four patients will live. Is it morally appropriate for you to perform this transplant in order to save four of your patients? [No/Yes]
Doctor Dilemma – Fumes Version: You are a doctor working in a hospital. Due to an accident in the building next door, there are deadly fumes rising up through the hospital's ventilation system. In a certain room of the hospital are four of your patients. In another room there is one of your patients. If you do nothing the fumes will rise up into the room containing the four patients and cause their deaths. The only way to avoid the deaths of these patients is to hit a switch that will cause the fumes to bypass the room containing the four patients. As a result of doing this the fumes will enter the room containing the single patient (against her will). If you do this, the woman will die, but the other four patients will live. Is it morally appropriate for you to hit the switch in order to save four of your patients? [No/Yes]
Father Dilemma - Pillow Version:
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Noorani, Shakir, Hussain Political Dogma strolls Non Political Moral Decision Making
You are in hospital lounge waiting to visit a sick friend. A young man sitting next to you explains that his father is very ill. The doctors believe that he has a week to live at most. He explains further that his father has a substantial life insurance policy that expires at midnight. If his father dies before midnight, this young man will receive a very large sum of money. He says that the money would mean a great deal to him and his family, and that no good will come from his father's living a few more days. After talking with him you can tell this man is in desperate need of the money to feed his family. The man asks you to go up to his father's room and smother his father with a pillow. Is it morally appropriate for you to kill this man's father in order to get money for the man and his family? [No/Yes]
Father Dilemma – Circuit Breaker Version: You are in hospital lounge waiting to visit a sick friend. A young man sitting next to you explains that his father is very ill. The doctors believe that he has a week to live at most. He explains further that his father has a substantial life insurance policy that expires at midnight. If his father dies before midnight, this young man will receive a very large sum of money. He says that the money would mean a great deal to him and his family, and that no good will come from his father's living a few more days. After talking with him you can tell this man is in desperate need of the money to feed his family. The man asks you to go to the hospital basement and pull a circuit out of the circuit breaker, shutting off his father’s life support machines. Is it appropriate for you to kill this man's father in order to get money for the man and his family? [No/Yes]
Lifeboat Dilemma - Throw Overboard Version: You are on a cruise ship when there is a fire on board, and the ship has to be abandoned. The lifeboats are carrying many more people than they were designed to carry. The lifeboat you're in is sitting dangerously low in the water – a few inches lower and it will sink. The seas start to get rough, and the boat begins to fill with water. It seems to you that there is only one way to stop the boat from sinking, and that is to start throwing other passengers overboard, starting with old people who are too weak to resist. Is it morally appropriate for you to throw some of your fellow passengers overboard in order to save yourself and the other lifeboat passengers? [No/Yes]
Lifeboat Dilemma - Rope Version: You are on a cruise ship when there is a fire on board, and the ship has to be abandoned. The lifeboats are carrying many more people than they were designed to carry. The lifeboat you're in is sitting dangerously low in the water – a few inches lower and it will sink. The seas start to get rough, and the boat begins to fill with water. A group of old people are in the water and ask you to throw them a rope so they can come aboard the lifeboat. It seems to you that the boat will sink if it takes on any more passengers. Is it morally appropriate for you to refuse to throw the rope in order to save yourself and the other lifeboat passengers? [No/Yes]
Safari Dilemma - Torture Version: You are part of a group of ecologists who live in a remote stretch of jungle. The entire group, which includes eight children, has been taken hostage by a group of paramilitary terrorists. One of the terrorists takes a liking to you. He informs you that his leader intends to kill you and the rest of the hostages the following morning. He is willing to help you and the children escape, but as an act of good faith he wants you to torture and kill one of your fellow
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hostages whom he does not like, if you refuse his offer all the hostages including the children and yourself will die. If you accept his offer then the others will die in the morning but you and the eight children will escape. Is it morally appropriate for you to torture and kill one of your fellow hostages in order to escape from the terrorists and save the lives of the eight children? [No/Yes]
Safari Dilemma - Help Version: You are part of a group of ecologists who live in a remote stretch of jungle. The entire group, which includes eight children, has been taken hostage by a group of paramilitary terrorists. One of the terrorists takes a liking to you. He informs you that his leader intends to kill you and the rest of the hostages the following morning. He is willing to help you and the children escape, but as an act of good faith he wants you to help him kill one of your fellow hostages whom he does not like. You are to tell the man to meet you in a remote location to plan an escape, and when he goes there this terrorist will kill him, if you refuse his offer all the hostages including the children and yourself will die. If you accept his offer then the others will die in the morning but you and the eight children will escape. Is it morally appropriate for you to help him kill one of your fellow hostages in order to escape from the terrorists and save the lives of the eight children? [No/Yes]
Trolley Dilemma – Push Version: A runaway trolley is heading down the tracks toward five workmen who will be killed if the trolley proceeds on its present course. You are on a footbridge over the tracks, in between the approaching trolley and the five workmen. Next to you on this footbridge is a stranger who happens to be very large. If you do nothing the trolley will proceed, causing the deaths of the five workmen. The only way to save the lives of these workmen is to push this stranger off the bridge and onto the tracks below, where his large body will stop the trolley, causing his death. Is it morally appropriate for you to push the stranger onto the tracks in order to save the five workmen? [No/Yes]
Trolley Dilemma – Switch Version: A runaway trolley is heading down the tracks toward five workmen who will be killed if the trolley proceeds on its present course. On the tracks extending to the right is a single railway workman. You are standing on a footbridge over the tracks, in between the approaching trolley and the five workmen. Next to you on this footbridge is a switch that can redirect the trolley. If you do nothing the trolley will proceed, causing the deaths of the five workmen. The only way to save the lives of these workmen is to hit the switch, which will cause the trolley to proceed to the right, causing the death of the single workman. Is it morally appropriate for you to hit the switch in order to save the five workmen? [No/Yes]
Vaccine - Self Version: A viral epidemic has spread across the globe, killing millions of people. You work for the Bureau of Health, a government agency that has developed two substances. Your organization knows that one of them will be a useful vaccine, but you don't know which one. You also know that the other one is likely to be deadly to most people. Once you figure out which substance is the vaccine you can use it to save millions of lives. The only way to identify the vaccine is for you yourself to secretly test the substances on a minimum of 200 patients in the Bureau of Health facilities, against their will. It is expected that approximately
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half of the patients will slowly and painfully die from this testing. You will need to sneak in and personally inject the patients with the substances one by one, killing 100 of them. Once testing is complete the effects of the substances will be identified, and you will be able to start saving lives with your vaccine. Is it morally appropriate for you to personally kill 100 patients with a deadly injection in order to identify a vaccine that will save millions of lives? [No/Yes]
Vaccine - Organization Version: A viral epidemic has spread across the globe, killing millions of people. You work for the Bureau of Health, a government agency that has developed two substances. Your organization knows that one of them will be a useful vaccine, but you don't know which one. You also know that the other one is likely to be deadly to most people. Once you figure out which substance is the vaccine you can use it to save millions of lives. The only way to identify the vaccine is to secretly test the substances on a minimum of 200 patients in the Bureau of Health facilities, against their will. It is expected that approximately half of the patients will slowly and painfully die from this testing. Once testing is complete the effects of the substances will be identified, and you will be able to start saving lives with your vaccine. Is it morally appropriate for you to direct your organization to begin the testing, killing 100 patients with a deadly injection in order to identify a vaccine that will save millions of lives? [No/Yes]
Mining – Shoot Version: You are part of a four-person mining expedition. There is a cave-in and the four of you are trapped in the mine. A rock has crushed the legs of one of your crew members and he will die without medical attention. You've established radio contact with the rescue team and learned it will be 36 hours before the first drill can reach the space you are trapped in. You are able to calculate that this space has just enough oxygen for three people to survive for 36 hours, but definitely not enough for four people. The only way to save the other crew members is to shoot the injured crew member so that there will be just enough oxygen for the rest of the crew to survive Is it morally appropriate to kill the injured crew member in order to save the lives of the remaining crew members? [No/Yes]
Mining – Refuse Aid Version: You are part of a four-person mining expedition. There is a cave-in and the four of you are trapped in the mine. A rock has crushed the legs of one of your crew members and he will die without medical attention. You've established radio contact with the rescue team and learned it will be 36 hours before the first drill can reach the space you are trapped in. You are able to calculate that this space has just enough oxygen for three people to survive for 36 hours, but definitely not enough for four people. The only way to save the other crew members is to refuse medical aid to the injured crew member so that there will be just enough oxygen for the rest of the crew to survive. Is it morally appropriate to allow the injured crew member to die in order to save the lives of the remaining crew members? [No/Yes]
Note. Vaccine dilemmas used only in main study; Mining dilemmas used only in replication study. Certainty question asked after dichotomous moral decision question.
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Political Cosmogony: Three Matrices of Political Theology DANIEL NUNES PEREIRA1, Universidade Federal Fluminense, Brasil
Abstract
his essay intends to draw parallels between theories concerning the origins of the State and religion. The similarities are evident in three different matrices, namely, the Myth, the Domination and the T Unconscious, studied, respectively, by Phenomenology, Sociology and Psychoanalysis, whereupon, from the perspective of Political Philosophy, the importance of rituals and signs is investigated. Furthermore, this essay undertakes to understand to what extent State and political organization can be parallelized to various cosmogonic and theogonic myths.
1 Daniel Nunes Pereira, 26, is M.A candidate in Political Science and L.L.M. candidate in Sociology & Jurisprudence, both at Universidade Federal Fluminense (UFF) in Brazil. He received his Bachelor in Jurisprudence at Universidade Federal Fluminense in 2010, and on the same year attended at CPE in European History at the Universiteit Utrecht (UU) in Netherlands. His interests and fields of research include Political Theology, Philosophy of Law, Political Philosophy and Psychoanalysis.
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Daniel Nunes Pereira Political Cosmogony: Three Matrices of Political Theology
Introduction philosophy with other disciplines in the humanities field on the subject of religion. eligion and politics seem to be The purpose is to overview politics as a field inextricably jointed since the dawn of of action of religious thought and also the R humanity, with occasional moments metaphysical belief. It is proposed, in which this relationship has been deepened therefore, treading the analytical framework or weakened, but never nonexistent. Even in of a deep history of political knowledge as a heightened Modernity2 (eventually an area of various beliefs, which are some identified as Post modernity) although kinds of disruptions in society and its perceived as autonomous spheres of human epiphenomena, religion being the midst or action (Bourdieu, 2004), politics and religion purpose (or maybe both) of this activity. are mixed and still permeate the main This analytical perspective stems from a conflicts of the contemporary world. There multidisciplinary concept about the object of is an accumulation of evidence regarding the the proposed study, whose subject matter religious reference in "civilian life." For allows us to carry out a theoretical- interpreters of social and political life, and methodological approach that combines also for groups involved in policy-making, political sciences three spheres of the overlapping of religion and politics understanding inscribed on the study of seems to be an insurmountable obstacle religion, the Myth, the Domination and the nowadays, given its factual indeterminacy Unconscious. and inexorable controversies tied to the Given this transversality of religion, subjects involved. and the reverberations in other spheres of In order to analyze the origins of such human life, it proposed, on this essay, that relation, regarded at the very dawn of social these three instances are not mutually organization, the present essay shall perform exclusive, but can accumulate each other to a mapping of discussions in political form a holistic understanding of the issues arising from the relations between religion
and politics. They are, respectively, versions 2 At the Academy commonplace there is much of Phenomenology, Sociology and concerning upon the so called "Crisis of Psychoanalysis. Modernity", but one can wonder if there really ever was a single monolithic period named so, or if many scattered geographically and temporally Myth across the globe – so, addressing the present essay, one has to ask, 'Which Modernity ?' (Berman, 2010, 15-37). Nevertheless, taking for The first possible way to understand granted the so-called " Crisis of Modernity ", there the intersection between politics and religion is a large discrediting upon the great metanarratives anchored in values such as the is through phenomenology, in order to see primacy of Reason and Universal Progress. parallels in the constitution of both Attached to this argument there is the phenomena. As a method derived from understanding that the ancient symbolic forms, philosophy, phenomenology has its under which society organized its collection of interpretation standards, are now eroded. epistemological justification under the Moreover, it is understood that, according to acknowledgement of its object of research, Giddens (1991), despite, despite the existence of the phenomenon, or its emersion on the the mentioned crisis, there is some radicalization world of experience. The phenomenon, of the trends and ambivalences always present in modern design. regardless of its nature, is therefore the
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research field of phenomenology. It is the inability to reach the other, and, perhaps understood thus not being exclusive for most important , the fact of human philosophy, since the phenomenological consciousness holding the ability to submit method has its use towards other objects of an intelligence beyond itself. Moreover, even research. in such understanding, there is also depth of The search for the deeper meaning of human beings, which reportedly remains in the religious event presumes the existence of its religious dimension, tuned when expressed meanings in these experiences. something touches the individual The phenomenological method, applied to unconditionally. This depth of the human the analysis of religion3, seeks to achieve its being actually lies in the absurdity of his original purpose, to promote the existence, and his inability to deal with it phenomenological reduction, because, gives vent to alleged manifestations of the through this procedure, it is possible to sacred, the exercise of imagination and the capture the symbolic structures of the consequent creation of so-called myths. The universal religious phenomenon, id est, it "sacred" is therefore meant towards returns to the primal phenomenology of endurance and resignation in the face of an Husserl (1976). existence that has the power to annihilate us, and manifest itself not only in everyday The phenomenology of religion is things, but through these everyday things, concerned invariably and essentially in according to Eliade (2010: 17). This unveiling the structures of religious condition, hereby called hierophany (irruption phenomena and their meanings. To of the sacred), begets some kind of (alleged) undertake this task phenomenology applies a religious whiff, in which all nature can morphological-synchronic method (Eliade, manifest itself as a cosmic sacrality. 2010), not excusing, however, to use historical and diachronic perspective. Under the event of hierophany, myths Through this endeavor, some similarities are generated and structured by spatio- between the phenomena of State and temporal ruptures. Religions generally religion are unraveled. understand the time and space as The religious thought is the result of a heterogeneous categories, since there is a sense of transcendence and power that is in sacred and a profane temporality. On it lies ie the human being, and this generates, in turn, the passage of Chaos for Cosmo, , the the mythological narratives. So, the question rupture of time and space is intended to explain the organization of the world. This is ‘how transcendence is born’? According to Peter Sloterdijk (2009, 20-24) there is, temporal and spatial marking relates inseparably with the rite, which repeats and amongst the genesis of transcendence, some kind of unfamiliarity with some theatricalizes the cosmogonic myth. transgenerationally slow happenings, and According to Mircea Eliade, also the lack of awareness of violent events, Cosmogony manifest itself in two ways: the first inserts the cosmos in a cycle, with 3 The pioneers in the use of the phenomenological endless creations and destructions of method to analyze religion were Rudolf Otto (1917) and Gerardus van der Leeuw (1933). Husserl existence, which is related to the first himself, although hinted about the use of farming communities and their observations phenomenology to study religion, not developed of the seasons and the cyclical crops; the his studies in this direction (Sheehan, 1979, 312- second considers the existence of the 334). 47
Daniel Nunes Pereira Political Cosmogony: Three Matrices of Political Theology
cosmos as linear, with a sole beginning and concepts of the modern doctrine of the state end. This second way of understanding the are secularized theological concepts" Cosmogony is particularly interesting to this (Schmitt 2005, 36). essay, being typical of monotheistic and The myth of the creation of the State millenarian religions. is not far from religious narratives, the core The moment of creation is considered narrative, an ineffable power that brings a " strong, pure and sacred time " (Eliade, order to chaos, is repeated. Within the state 2010, 71), and is dramatized through of Nature, Bellum Omnia Contra Omnes repeated rites, serving to explain the world, (Hobbes, 2005, 610), exudes the creative but also to justify and illustrate the entire power of the cosmos. Just as the universe social structure . This mythical moment is emerges from the corpse of Tiamat, the state usually preceded by chaos, or some figure emerges from chaos in the State of Nature. that represents it, and the power to win or a Marduk, Allah or Elohim arises from the sacred being is embodied in the very human volition to end the chaos, to end the Cosmogony. For example, in Babylonian state of war. Therefore, it is clear such mythology the god Marduk, after defeating comparison between the beginning of the dragon Tiamat4, gives rise to the Cosmos everything, narrated by the myths and the with the dismembered body of the monster, beginning of the state itself. There is, and creates the man with the blood of the wherefore, under a semiotic analysis, some demon Kingu. In the Judeo-Christian congruence between the Mythos of the State tradition there is less literary wealth, but the signs and religious rites (Cassirer, 1976, 53). meaning is the same as Elohim / Yahweh The emergence of the Myth of the exercises his supposedly unlimited power to state is an attempt to explain the origin and create the heavens and the earth ex nihilo. In meaning of political space in which we live. general, the relation 'Monster of the deep This phenomenon may be natural, facing the divine force ordinator’, is similar sometimes oral or sometimes present in to what Schmitt wrote about the State traditional historiography (as in the sovereignly always ready to face the real Scandinavian countries and its references to possibility of the enemy. For the author, an Viking sagas) or, in other cases, is officially 'optimistic' reasoning of human nature originated in ideological state apparatus itself tends to lead to the abolition of political or some relevant social group (as in the case logic. There is actually a link between of the Aeneid). In both cases, the Myth of political theories and theological tenets the State, as well as religious cosmogony, about sin (Schmitt 2005, 43). Sin assumes a serves to instill in citizens a sense of awe benevolent creator, as well as the 'enemy' before something unspeakable, a “mysterium presupposes the Sovereign. Under a tremendum et fascinans”. The State, therefore, Schmittian proposition "All significant through its creation of myths and its
consequent ritualization exudes an 4 This primordial Dragon tends to be referred to also as Sea Snake (Fotenrose 1980, 153), the same overwhelming potency before the symbolizes cosmic dark waters reported in individuals under a quasi numinous Genesis, which, in turn, symbolizes the amorphous, experience. Therefore the importance of the what is yet to be shaped . The very primordial symbolism of the state is clear, since it abyss faced by Yahweh is named Rahab, which is mentioned as a sea dragon the Book of Isaiah and approximates citizens towards the in Jewish folklore.
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ontological foundations of political space specific modes of action at each stage and where they live. religion (Weber, 2004, 279). The notion of supernatural powers Domination strengthens its abstraction when the separation between concept and object, The Weberian theory, in general, deals symbol and object meaning occurs. This with the possible logic of human action in progress consists in a new phase of some spheres of social life, specifically, evolutionary conceptions of the world, the science, politics and religion, the latter two symbolism. Thus, there is an increase of of which we will consider for the present rationalization of worldviews. Advances study. In this context it is understood that systematization because it creates a notion of causality through magical acts being that for human phenomena can be understood if there is comprehension of the meanings that certain actions is an expected effect, good or individuals employ their actions. For this bad. Furthermore, the separation between purpose is used a method different from the physical body (material) and soul (or that used for understanding the explanation spirit) is already a step in the hierarchy of of natural phenomena, its goal is to Idea of the world (Weber, 2004, 357). understand the meaning of actions. In this The rationalization of religious life conception external actions of the agent are increased ethical demands and increased the not the sources of normative judgments, political power of religion, the church since the rules occur "through codes that became the sole producer of meaning to life free human agents, as individuals or and was endowed with the ability to regulate collectivities, enact for themselves." (Levine, social life and establish norms and collective 1997, 170). values. The predominant role of religion in When trying to understand the sources social life grows justified on the argument of rationality, Weber identifies the magical- that priests represent the divine will (Weber, religious thought as the oldest producer of 2004, 294). meaning to life. Magic and religion give Pierre Bourdieu (2004, 87-89), meaning to weltanschauungen5 and thus guiding commenting on the work of Weber, points human action. Weber notes a development towards the capacity of religion for process in rationality, which takes place domination by promoting privilege of along the complexification of religion. certain classes over others. Such domination Weber focuses on religion as one of the is through the ethical premises of religion driving forces of rationalization axes. The filled with ideological content. Thought this religious evolution6 consists in a understanding, for the privileged classes transformation of worldviews that imply religion gives a sense of dignity that attaches to the conviction of its own excellence and 5 Plural for Weltanschauung, a comprehensive perfection on the conduct of its life. world view (or worldview) , a cognitive orientation of an individual or society. On Weber, the state consists of a 6 The word "evolution" in the analysis of Weber's political group that submits a human theory should not be understood as congruent to the one used by Charles Darwin and Karl Marx, community under its domination within si ce there is ’t a ulti ate teleological or some territory, there remains the possibility historical-functional purification sense (Colliot- of its exercise of physical coercion. The Thelène, 1990 31). 49
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guarantors grounds of legitimacy of the State means of obtaining legitimacy in politics, are domination, tradition, charisma, legality, since religion, even in the secularized world, fear and hope. Two of these categorical has the power to exert ideological power instances concern the relation between over men. Corroborating his argument, religion and politics, namely, Tradition and Collins argues that in the Weberian theory, Charisma. The tradition aims to legitimise concerning the process of rationalization, the domination by unthinking habit, ie, lies religion has been a forerunner in the use of the justification that "things are like they symbols that produced emotions and have always been". In the modern West represented it in the community. There was, patrimonialism and monarchies fall into the therefore, an important process of social traditional mode of domination. The organization. In parallel we see that politics authority that exercises domination is itself has its ritual aspect and is linked to supported by a traditional loyalty. In the case forms of religiosity. “Politics in an important of the legitimacy of domination through sense is ritual. If it is too much to say politics Charisma, there is a plebiscitary leader that is really religion, it is scarcely going too far gets the democratic direction or influence of to say that at the dynamic level they are the state using his charismatic gifts. virtually identical” (Collins, 1986, 213). Although Tradition and Charisma are Moreover, Collins stressed the need to constantly associated with religion and produce a moral policy itself, ie, the idea of social solidarity, for the legitimacy of the priesthood, most commentators of Weber’s work have alleged claimed upon practical leadership of the State, should not depend incompatibility between religion and politics, solely on physical coercion, although this especially by understanding that, at least in always remains legally and legitimately Christianity, the Church's ethical available. So the policy has always needed to assumptions clash with the means of use also tools that produce a favorable legitimation the State. ideology to the stability of the existing order. It is possible, however, to interpret The Collins’ interpretation on Weberian political sociology is, in its Weber’s work differently in this sense, as does Randall Collins (Collins, 1986). This fundamental aspect, the evidence that the interpreter argues thar the Weberian theory State, in its own formation, in order to concerning the relation between politics and legitimize itself within its borderlands must religion is not confined to the tension have the ability to produce emotional addressed above, since there are political meanings to people, with the purpose to practice within religious organizations and internalize some kind of ideological the use of religion by secular politics as a regulation so efficient as the threat of physical coercion. form of legitimation. “It is, rather, that religion, as an institution, has its own In conclusion, under this sociological politics. As Weber stress, during much of matrix, both religion and politics are a history, religion was so much better source of rationality, according to Weber. organized for politics than the secular realm Political ideologies, like religion, generate (...) that secular power-seekers were worldviews and determine modes of action. necessarily draw into religious orbit" However, it is possible that a certain (Collins, 1986, 13). Moreover, in Weber, as rationalization of religion ethics differs from Collins argues, religion can be used as a the rationalization of the state policy. Unlike
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the religious rationalization can converge them by some kind of state-owned with the rationalization of politics, therefore, aggression (Freud, 2010a, 86), vis-à-vis with Church and State aimed the same Weberian theory, the State prohibits the understanding of the existence and the same individual infractions, but not aiming to ethos of regulation of bahaviors. Under this abolish violence , but verily to monopolize union there is a project of maintenance of it. the dominant order, which proves, in theory, Regarding the topic of authority in that the essential phenomena of domination relation to the monopoly of violence and are anchored in the methods of human nature, Freud seems to be influenced rationalization practiced throughout history. by Edmund Burke (Stanlis, 1993, 42) and Hobbes (2005, 549). In this sense, Freud The Unconscious admits the positivity of the social restrictions that relieve us from slavery of passions. In Considering the common genesis of this mainstay, Freud seeks the origin of politics and religion in certain perspectives political society, especially the idea of the of Phenomenology and Sociology, remains Social Contract. Alongside with Hobbes, to analyze the contribution of Locke and Rousseau, the Social Contract for Psychoanalysis, or as the two instances here Freud explains the unique legitimacy of questioned emerged concurrently as human political society, which corresponds to the mental processes. irrational desire of man to restore the father authority. After the death of his primitive Politics, in psychoanalytic theory, is father, appears on man a "longing for something that happens in the psyche of father"7 (Freud, 2010b, 18, 23-24). The individuals, hence the basic psychology on government does not arise from a social Freud is both individual and social, contract, but a counterrevolutionary "outsourcing" of fantasies and desires. The response that emerges after the fall of the interest on the social is based on the patriarchal primeval government and individual. Freudian psychoanalysis is part of represents the desire of the majority of the liberal tradition of defending the citizens, understood as brothers, so it is not individual. a manifestation of prudence of a group. The Impacted with the impoverishment of myths of the social contract, in life to the detriment of technological psychoanalytic universe, can be advancements, as World War I had shown comprehended as a reaffirmation of the will him, Freud tries to understand the of the father above the impulses of conventional concept of death and its rebellious children. reverberations in society. There would be at The idea that the suppression of our the outbreak of war some evidence that our instincts is the backbone of our civilization unconscious acts in homicidal manners, even lies at the intersection between the Freud´s for insignificant reasons. The father of analyses on politics and religion. This means psychoanalysis would say that men have not descended so down below during the war, 7 The original term is "Vatersehnsucht", the French actually they were never as high as they edition (hereby used) employs the expression thought they were. Thus, Freud argued, man "désirance pour le père", loosely translated here as renounces his aggressive instincts replacing "longing for father" in accordance with the standard English editions. 51
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that the individual renounces some of his individual that allows the revival of the attributes, namely, his feeling of phantasmatic relationship with his Father omnipotence and aggressive tendencies of (then elevated to the rank of god and king). his personality. The resignations result in the In this ambivalent relationship affectionate common cultural heritage of material and hostile feelings blend into the individual, possessions and ideals. The civilisational perpetuating the Oedipal structure, making achievements were sanctioned by religion, so the relationship between politics and religion that each individual renunciation of inevitably complicated since it is overlapping instinctual satisfaction is a sacrificial offering other neuroses (Lévi-Strauss, 1955, 433). to the deity (Freud, 1907, 173). The touch point between and the Conclusion genesis of religion and politics lies in the primordial crime because, unlike the Religion lies inexorably intertwined neurotic, whose thoughts can be considered with politics, such that certain relations as a substitute for an act, primitive men, generate social and psychological attitudes devoid of inhibition, transform thought into that may or may not become formally action. For these reasons, Freud concludes religious. Thus, the underlying religious that it is possible to say that in the category is provided by the striking analogy beginning, before the word was the Act. This between the behavior of the individual to inaugural act involves at its core the need to the deity and behavior towards society. A explain how the filial guilt remained critically important aspect is the sense of operative over many generations, both in dependency (Simmel, 1997, 110). religious and political narrative, since the The religious individual is not defined hypothesis of archaic heritage ensures the solely through the social objects that transmission of the effects of father's manifest themselves compact and focused. murder. This phylogenetic hypothesis, The religious dimension is a human whereupon the memory traces were transversal phenomenon that works in an inherited through generations, becomes active or latent way, explicit or implicit essential to maintain the link between the dimension, throughout the thickness of the murder of the primal father and the social, cultural and psychological, according universality of the Oedipus complex (Freud, to procedures specific to each of the 1994, 101). In each individual story it is civilizations (Simmel, 1997: 13). The possible to hearken the echoes of that first metaphysical dimension, the one that and original history of mankind (Freud, transcends the individual, is contained on 1994, 103). human religiosity, however, subjective The primal parricide, the guilt and religiosity does not guarantee the existence ambivalence from this act become the prop of a realm beyond metaphysics (Simmel, that enables to elucidate the origin of 1997: 14). religion and politics. The religious For all the above, hereby lies an phenomenon, as well as contractualist overview of how religion can be identified as comprehension of politics, are deemed on a phenomenon that originates with the very the prospect of neurosis and Oedipus origin of the state and its administration complex. Religion and politics, from the bias of neurosis, provide resources to the
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(politics) under the headquarters of Myth, Colliot-Thelène, Catherine. 1990. Max Weber Domination and The Unconscious. et L’histoire. Paris: Presses Universitaires de France. This original congruence between politics and religion is a symptom of the Eliade, Mircea. 2010. O Sagrado e o Profano - existence of a hopeless gap in the form of A Essência das Religiões. São Paulo: God, which is present in each individual. Martins Fontes. The very existence of this vacuum is an Fotenrose, Joseph. 1980. Python: a study of evidence of the epistemic necessity of any Delphic myth and its origins. Los Angeles: ‘nearly theistic’ belief, an assignment of University of California Press. every explanations to some deity , which historically may be replaced by political Freud, Sigmund. 1907. Obsessive actions and experience within the State. This description religious practices. London: The Hogarth Press. of human nature outlines a dramatic existential narrative, a hopelessly painful Freud, Sigmund. 1994. The Interpretation of portrayal of the mankind’s condition torn Dreams. New York: Modern Lybrary between two realities co-dependent and Edition. mysterious that cannot be defined, namely, Freud, Sigmund. 2010a. O Mal Estar na existence and transcendence (Jaspers, 1994, Civilização, Novas Conferências 173-178). Transcendence gains importance Introdutórias à Psicanalise e outros when the world known by empiricism and Textos – Obras Completas Vol. 18. science does not seem to be self-sufficient São Paulo: Companhia das Letras. and does not explain itself. So when our efforts fail to make the world of experience Freud, Sigmund. 2010b. L’Avenir D’une Illusion. Paris: Presses Universitaires de knowable through reason, logic and science, France. lies the space for obscurantism to penetrate the locus of the state, accruing some of the Giddens, Anthony. 1991. As consequências da more unfortunate examples of civilisational Modernidade. São Paulo: Editora excesses through the twentieth century. UNESP. Hobbes, Thomas. 2005. Leviathan oder Stoff, References Form und Gewalt eines kirchlichen und staatlichen Gemeinwesens. Hambur: Berman, Marshall. 2010. All That is Solid Meiner Verlag. Melts Into The Air – The Experience of Modernity. London/New York: Verso. Husserl, Edmund. 1976. La Crise dês Science Européenes et La Phénoménologie Bourdieu, Pierre. 2004. “Uma interpretação Transcendantale. Paris: Éditions da sociologia da religião de Max Gallimard. Weber”. In: A economia das trocas simbólicas. São Paulo: Editora Jaspers, Karl. 1994. “Philosophical Faith and Perspectiva. Revelation”. In. German Essays on Religion, ed. Edward T. Oakes. New Cassirer, Ernst. 1976. O Mito do Estado. Rio York: The Continuum Publishing de Janeiro: Zahar Editores. Company.
Collins, Randall. 1986. Weberian Sociological Leeuw, Gerardus Van Der. 1933. Theory. Cambridge: Cambridge Phänomenologie der Religion. Tu bingen : Univiversity Press. Verlag von J. C. B. Mohr. 53
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Levine, Donald. 1997. Visões da Tradição Sociológica. Rio de Janeiro: Jorge Zahar Editores.
Lévi-Strauss, Claude. 1955. “The Structural Study of Myth” In. The Journal of American Folklore - Myth: A Symposium. Vol. 68, N. 270. (October-December): 428-444. Jstor (January 19, 2013)
Otto, Ruldof. 1917. Das Heilige: Über das Irrationale in der Idee des Göttlichen und sein Verhältnis zum Rationalen. Breslau: Trewendt & Granie.
Schmitt, Carl. 2005. Political Theology. Chicago. MIT Press.
Sheehan, Thomas. 1979. “Heidegger´s Introduction to the Phenomenology of Religion 1920- 1921”. In. The Personalist, LX, 3. 312-334.
Simmel, Georg. 1997. Essays on Religion. Yale: Yale University Press.
Sloterdijk, Peter. 2009. A Loucura de Deus – do combate dos três monoteísmos. Lisboa: Relógio D'Água.
Stanlis, Peter J. 1993. Edmund Burke, The Enlightment and Revolution. New Brunswick: Tranaction.
Weber, Max. 2004. Economia e Sociedade. Vol. 1. Brasília. Editora UnB.
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The Maguindanao Massacre: A Serious Challenge to Human Security in the Philippines FRANCE JEANNE L SARMIENTO1, De la Salle University, Manila
Abstract
o previous outbreak of election-related violence in the Philippines could compare to the events that N took place in the province of Maguindanao on 23 November 2009, resulting in the death of fifty- seven (57) people. This paper assesses the tragic events dubbed as the “Maguindanao Massacre” by the Philippine press in terms of its repercussions on human security in Maguindanao province, using the seven categories of human security as defined under the 1994 Human Development Report of the United Nations Development Programme (UNDP). Future developments to this on-going saga need to be closely monitored and analyzed as part of the citizenry's responsibility to be vigilant, to ensure that any further threats to human security in the Philippines could be promptly addressed.
1 France Jeanne L Sarmiento, 43, received her Master's Degree in Demography at the University of the Philippines in 1993. She obtained an MBA at the Ateneo de Manila University in 2000, and her Bachelor of Laws degree at Arellano University in 2007. She currently teaches at the De La Salle University in Manila, Philippines, where she is also pursuing her PhD in Development Studies. Her interests include development studies, business management, and alternative dispute resolution.
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Introduction capital, Shariff Aguak, brought to a isolated and hilly area in Barangay Salman (about he international community was thirty minutes' drive from the checkpoint), shocked by the tragedy that took and murdered in cold blood. Afterward, a T place in the Philippines on 23 mechanical construction machine November 2009. News of the massacre of (“backhoe”) owned by the local government fifty-eight (58) people1 in the town of Shariff was used to dig a mass grave for the victims, Aguak in the province of Maguindanao in and to crush and bury the vehicles used by the Philippines was the worst recorded the convoy, but said activities were instance of election-related violence2. interrupted by military troops responding to Reports on the “Maguindanao Massacre,” as a distress call, presumed to be from one of the tragedy is called, disclose that the root the members of the ill-fated convoy. cause of the conflict was a political rivalry In the aftermath of the events of 23 between two families: the Ampatuans, who November 2009, seven (7) members of the held the majority of elective positions in the Ampatuan clan were arrested, including province; and the Mangudadatus, who Maguindanao governor Andal Ampatuan, sought to challenge the incumbent governor Sr., who was confined at the military hospital of Maguindanao in the scheduled national in Camp Panacan in Davao City5, and and local elections on 10 May 2010. Autonomous Region in Muslim Mindanao Few people outside Maguindanao knew of (ARMM) governor Zaldy Ampatuan, who the fierce rivalry between the Ampatuan and was detained at the headquarters of the Mangudadatu clans, but when the tragedy Central Mindanao police's Criminal struck, the story behind the events came to Investigation and Detection Group (CIDG) light: incumbent Buluan Vice-Mayor Esmael in General Santos City6. The province of Mangudadatu wanted to run for Maguindanao has been placed under martial Maguindanao governor against the law by President Gloria Macapagal-Arroyo Ampatuan clan, who was grooming Datu by virtue of Proclamation No. 1959 on 05 Unsay mayor Andal Ampatuan, Jr., the son December 2009, which was subsequently of incumbent Maguindanao governor Andal lifted on 13 December 20097. Twenty-five Ampatuan Sr., to take over the position of counts of murder were brought against governor. Because of alleged threats to Andal Ampatuan, Jr., and rebellion charges Mangudadatu's life, he sent his wife and two were filed against the other members of the sisters3, two female lawyers and other Ampatuan clan. Subsequently, the Supreme women supporters, along with thirty (30) Court granted a motion filed by the journalists, to file his certificate of candidacy Department of Justice to transfer the venue in his behalf. In the time-honored tradition of the trial for both the murder and rebellion of the Muslim people, women were cases from Cotabato City to Quezon City8. accorded great respect and were not harmed The massacre, together with the foregoing even at the height of the fiercest rido4. attendant events, constitute a serious However, the convoy of vehicles of challenge to human security in the country, Mangudadatu's supporters were ambushed not only because of the manner in which the at a police checkpoint en route to the office loss of lives occurred, but also because of of the Commission on Elections the motivations of those who carried out the (COMELEC) located at the provincial
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massacre, as well as the repercussions and grew from the rise of economic and consequences of their actions. environmental agendas in international relations in the 1970s and 1980s (Buzan, et The Evolution of the Concept of Human al., 1998: 2). The end of the Cold War has Security prompted a particularly lively debate over Security is a contested concept, with the meaning of security – on the one hand, controversies surrounding its meaning being the “traditional” view of security, with its especially pronounced during times of emphasis on confronting anarchy and historical change (Tow and Trood, in Tow, achieving national security through the use et al., 2000: 13). The concept of security has of military power, and on the other hand the been “interpreted narrowly” as “security of “radical” view, which often incorporates territory from external aggression”, or as economic, societal and environmental “protection of national interests in foreign dimensions into their agenda (Tow and policy” or as “global security from the threat Trood, in Tow, et al., 2000: 1). of a nuclear holocaust”, all of which have In the 1990s, the two dominant been related more to nation-states than to strands of foreign policy – economic people (UNDP, 1994: 22). The emphasis on development and military security – became “national” security focuses on the need of intertwined (King and Murray, 2001: 585), nation-states to survive (and to thrive) and gradually evolved into a “globalist” through the use of military and political school of thought, which argued that an power through the exercise of diplomacy, “international society” that integrates and if necessary, through waging war. communication, cultural and societal However, in recent years, attempts have concerns is emerging to transcend state- been made to “widen the security agenda” centric relations, from which the concept of through the inclusion of economic, human security evolved (Tow and Trood, in environmental and societal issues (Buzan, et Tow, et al., 2000: 19). Human security is al., 1998: 1). Concerns on a wide range of about the security of individuals rather than matters, from failed governance and the security of states, and it combines both international criminal networks to pandemic human rights and human development disease, increasing environmental hazards (Kaldor, 2007: 182). The difference between and natural resource management are being the traditional concept of security and seen as new threats to internal security human security may be summarized as (Colleta, in Chen, et al., 2003: 215). follows: The debate between the “wide” versus “narrow” approach to security studies
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Table 1. Traditional Security and Human Security Type of security Referent object Responsibility to Possible threats protect Traditional security The state The integrity of the Interstate war state Nuclear proliferation Revolution Human security The individual The integrity of the Disease individual Poverty Natural disaster Violence Landmines Human rights abuses
Source: Owen, Taylor (2004). “Challenges and opportunities for defining human security”. Disarmament Forum, III, 15-24.
Human security involves a plethora of issues (Glasius, 2008: 32). The Report states that centered around people, and not merely “(h)uman security can be said to have two focusing on the defense of nation-states, as main aspects”, which are as follows: the traditional concept of security emphasized in the past. A people-centered “...first, safety from such concept of security is concerned with two chronic threats as hunger, great freedoms: freedom from fear, and disease and repression. And freedom from want9. The primary concerns second, it means protection of human security are life and dignity, from sudden and hurtful specifically the legitimate concerns of disruptions in the patterns of ordinary people in their daily lives, such as daily life – whether in protection from the threat of disease, homes, in jobs or in hunger, unemployment, crime, social communities” (1994: 23). conflict, political repression and environmental hazards (UNDP, 1994: 22). Likewise, the Report offers a very simple The 1994 Human Development Report measure of human security: “In the final introduced many of the associations that analysis, human security is a child who did have become central to our understanding of not die, a disease that did not spread, a job human security: the opposition to state that was not cut, an ethnic tension that did security, the argument that human security is not explode in violence, a dissident who was indivisible (and therefore the global rich not silenced” (UNDP, 1994: 22). have not just a moral but also a practical The Commission of Human Security interest in the security of the poor), and the (CHS), in view of the objective “to protect return to Roosevelt’s classic ‘freedom from the vital core of all human lives in ways that fear/freedom from want’ formula to capture enhance human freedoms and human the two primary elements of human security
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fulfillment” (2003: 4), defined human physical and economic access to basic food, security as follows: which means that people have “entitlement” to food, either by growing it for themselves, “Human security means by buying it or by taking advantage of a protecting fundamental public food distribution system (UNDP, freedoms – freedoms that 1994: 27). Health security involves access to are the essence of life. It basic health care and health services, as well means protecting people as interconnected surveillance systems to from critical (severe) and identify disease outbreaks at all levels, while pervasive (widespread) environmental security means undertaking threats and situations. It sustainable practices that take into account means using processes that natural resource and environmental build on people’s strengths degradation (such as deforestation, and aspirations. It means desertification), as well as early warning and creating political, social, response mechanisms for natural hazards environmental, economic, and/or man-made disasters at all levels (UN military and cultural systems Human Security Unit, 2009: 16). that together give people the Personal security involves the building blocks of survival, protection of human life from threats of livelihood and dignity”10. sudden, unpredictable violence coming from the following sources: the state (physical Subsequently, the concept of human security torture), other states (war), other groups of developed in two directions: one is the so- people (ethnic tension), individuals or gangs called “narrow approach”11, which against other individuals or gangs (crime, emphasizes the security of the individual in street violence), threats directed against the face of political violence; while the women (rape, domestic violence), threats second is the UNDP approach, which directed at children based on their emphasizes the interrelation of different vulnerability and dependence (child abuse), types of security and the importance of and threats to self (suicide, drug use) development as a security strategy (Kaldor, (UNDP, 1994). Community security 2007: 183). The UNDP approach identifies involves protection of ethnic groups and the threats to human security under seven community identity from oppressive main categories: economic security, food traditional practices, harsh treatment security, health security, environmental towards women, or discrimination against security, personal security, community ethnic/indigenous/refugee groups; and security and political security (UNDP, 1994: political security means protection of human 24-25). rights from military dictatorships and abuse, Economic security involves access to basic and from political or state repression, income through employment (whether wage torture, ill treatment, unlawful detention and employment in the public or private sector, imprisonment (UN Human Security Unit, or through self-employment), including the 2009: 16). existence of government-financed social From an operational perspective, safety nets as may be necessary (UN Human human security aims to address complex Security Unit, 2009: 16). Food security situations of insecurity through means that all people at all times have both collaborative, responsive and sustainable 59
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measures that are people-centered, of deliberate human action, which resulted multisectoral, comprehensive, context- both in loss of lives, and untold emotional specific, and prevention-oriented (UN and psychological repercussions, to those Human Security Unit, 2009: 12). People- who have been directly and indirectly centered measures need to be “inclusive and involved. participatory” so that individuals and In terms of economic security, the communities can define their needs and National Statistical Coordination Board vulnerabilities as well as their available (NSCB) figures as of 2009 (the latest resources and “ indigenous coping available year) show the poverty incidence in mechanisms”, while multisectoral measures Maguindanao at nearly half of all families in “promot(e) dialogue among key actors from the province (44.9 percent in 2006 and different sectors/fields” for purposes of 44.6% in 2009), a marked increase from 41.9 “coherence and coordination” in assessing percent in 2003 and 41.6% in 1997, making “positive and negative externalities” of the the province “the third poorest in the “overall human security situation of the country, coming after Zamboanga del affected communities” (UN Human Security Norte” (Jimeno, 2008) and Agusan del Sur Unit, 2009: 12). (NSCB, 2009). In the aftermath of the 23 Comprehensive measures are aimed November 2009 massacre, it is unlikely that at addressing a “ wide spectrum of threats, the economic situation in the province will vulnerabilities and capacities” by analyzing improve, unless massive amounts of the role of “ actors and sectors not financial aid are poured into the provincial previously considered relevant to the success coffers. However, even if this measure is of a policy/programmme/project” to come undertaken, it will take time before the up with “multi-sectoral/multi-actor effects of economic aid could be felt, responses”; context-specific measures assuming that the funds will be strictly used “identif(y) the concrete needs of the affected for the benefit of the people and not communities and enables the development subjected to graft and corruption. of more appropriate solutions that are In terms of food security, the embedded in local realities, capacities and poverty rate of the province, coupled with coping mechanisms”; and prevention- the measured increase in ARMM's inflation oriented measures “identif(y) risks, threats rate from 2.1 percent in September 2009 to and hazards, and addresses their root 2.8 percent in October 2009, and the causes” and “focuses on preventive decrease in the purchasing power of the responses through a protection and peso in the region from P0.57 for every peso empowerment framework” (UN Human in October 2008 to P0.55 for every peso in Security Unit, 2009: 12). October 200912, all point to a poor prognosis for the people's access to basic food. Assessment of Human Security in In terms of health security, statistics Maguindanao from the 2000 Family and Income Using the seven categories of human Expenditures Survey (FIES) show the security as standards to assess the situation ranking of the province of Maguindanao out of the province of Maguindanao in light of of the seventy-nine (79) provinces of the the massacre, Table 2 shows how human Philippines in terms of certain indicators, as security was seriously compromised because shown in Table 3. As the data shows, 30.1
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percent of the population of Maguindanao population have access to a toilet, ranking have access to a health facility, which ranks Maguindanao as 71st out of 79 provinces the province as 62nd out of 79, thus putting it with respect to sanitary facilities. at the bottom one-fourth in the national rankings. Likewise, 60.3 percent of the
Table 2. Assessment of the Human Security Situation in Maguindanao Province TYPE OF STATUS BASED ON STATUS BASED ON SECURITY SITUATION IMMEDIATELY CURRENT CONDITIONSb AFTER MASSACRE Economic Low (poverty incidence in nearly Low (poverty incidence in almost Security half [44.9%] of all families, based half of all families [44.6%], based on 2006 NSCB Official Poverty on 2009 NSCB Official Poverty Statistics) Statistics) Food Security Low (nearly one-fifth of all families Low (although food threshold is [18.5%] unable to meet food unmet by less than one-fifth of all threshold [income needed to feed a families [14.3%], this figure is still family of 5], nearly double the nearly double the national average national average [8.7%] as of the [7.9%] as of the 2009 NSCB 2006 NSCB Official Poverty Official Poverty Statistics) Statistics) Health Security Low (only about half of all families Low (no new data since 2008c) have access to safe drinking water, and less than two-thirds have access to sanitary toilet facilities) Environmental Low (limited access to land and Low (continued limited access to Security other natural resources due to the land and other natural resources [a Ampatuan clan's control over most complete inventory of the of the province's assets) Ampatuan clan's assets in the province is still incompleted]) Personal Low (“war zone” environment due Low (“war zone” environment still Security to incidents of violence and prevails due to incidents of proclamation of martial law) violence; the May 2013 national and local elections could be a potential cause of further violent acts) Community Low (threat of violence from Low (threat of violence from Security private armies [“civilian volunteer private army still exists, as members organizations”] under the control of of the Ampatuan clan still hold Ampatuan family members holding public office) public office) Political Low (gruesome death of massacre Low (death of key witness to the Security victims; reports of warrantless massacre due to violent attack 61
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arrests of citizens following the within the province) imposition of martial lawa)
Data source: National Statistical Coordination Board (NSCB), 2009 Official Poverty Statistics (published on 07 June 2012).
Notes: a. Based on newspaper reports, but were not subjected to an official inquiry, due to the lifting of martial law eight (8) days later. b. As of the third year anniversary of the Maguindanao Massacre on 23 November 2012. c. Based on data reported by Lee (2008) and shown as Table 3. d. Source: Philippine Center for Investigative Journalism (PCIJ), 2012, “Ampatuans own 500 hectares but assets inventory incomplete,” accessed online at http://pcij.org/stories/ampatuans-own-500-hectares-but-assets-inventory-incomplete/.
Table 3. National Ranking of Maguindanao According to Minimum Basic Needs Proportion of Families with: Percent (%) National Ranking (out of 79 Provinces) Survival Access to Safe Drinking Water 52.8 70 Sanitary Toilet 60.3 71 Electricity 60.8 57 Access to Health Facility 30.1 62 Security House made of strong materials 49.6 57 Own/owner-like possession of house/lot 58.5 63 Enabling Children aged 6-12 in elementary grade 85.8 72 Children aged 13-16 in high school 62.4 73 Working children aged 5-17 18.0 57
Source: Lee, Romeo B. (2008). “Delivering Maternal Health Care Services in an Internal Conflict Setting in Maguindanao, Philippines”. Reproductive Health Matters, 16 (31): 65–74.
and even in... Dasmariñas Village in Makati, In terms of environmental security, the according to records in the Manila Regional people of Maguindanao have long been Trial Court Branch 22, where there is a deprived of access to land for agriculture pending civil forfeiture case against the and related resources, because it appears that Ampatuan properties”13. In particular, Andal the Ampatuan clan own “close to five Ampatuan, Sr. has been said to have “a million square meters of property scattered reputation for persuading others to sell him throughout Maguindanao, Cotabato, Davao, their lands for a price much favorable to
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him, especially since he became governor of schools are empty due to the strong military Maguindanao”, wherein he “offered (a presence in the provincial capital of Shariff landowner) a price (one) could not refuse”14. Aguak. Since the declaration of martial law, The lack of both personal and community government employees at the Office of the security in Maguindanao is closely related to Regional Governor in Cotabato City were the ever-present threat of violence in the only allowed to return to work on 09 area, as some members of the civilian December 200917. volunteer organizations (CVOs) suspected In terms of political security, the to be involved in the massacre continue to Maguindanao massacre can be considered remain at large, and also due to the strong one of the worst cases of human rights presence of the Armed Forces of the abuse in the country, involving the torture Philippines (APF). Although Major General and killing of unarmed women and Raymundo Ferrer, the martial law journalists. The 57 victims died in the administrator in Maguindanao during the exercise of their constitutional rights (i.e., period 05-13 December 2009, has repeatedly the right to run for public office and support assured the populace that the military will the candidate of one's choice, as well as the not abuse its authority during the period of freedom of speech and expression of imposition of martial law in the province, political views) at the hands of people who hundreds of residents have reportedly left have been entrusted to serve the public by areas with strong military presence to avoid virtue of the office they held. being rounded up by state security forces15. Ernesto Ordoñez analyzed the Likewise, the province exhibits a volatile Maguindanao Massacre using the saying, peace and order situation, highlighting the “power corrupts, absolute power corrupts incidence of violence due to encounters absolutely” and Nobel Prize laureate Aung between state troops and rebel forces, as San Suu Kyi's version of that saying: “it is well as blood feuds among clans, or rido. A not power that corrupts, but fear – fear of household conflict survey conducted in 2002 losing power corrupts those who wield it, (and verified in 2005) shows that citizens are and fear of the scourge of power corrupts actually more concerned about the those who are subject to it” (2009: B6), and prevalence of clan conflict and its negative concluded, impact on their communities than the conflict between the state and rebel groups “...it can be said that the fear in Mindanao (Torres III, 2007: 9). The of losing power prompted causes of rido are contextually varied, and those in power to (crush) the while the triggers of the conflicts can range opposition. And what better from petty offenses like theft and jesting to way to do this than to more serious crimes like homicide, the massacre those who dare Mindanao Rido Study show that land oppose them. Under these disputes and political rivalries are the most conditions, corruption common causes of rido (Torres III, 2007: flourished. But there was 12). Likewise, the presence of military troops another fear that contributed in Maguindanao due to the declaration of to the growth and martial law heightens the atmosphere of fear pervasiveness of corruption among the citizenry. News reports16 indicate in Maguindanao. It is said that government offices, businesses and that evil flourishes because 63
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good men do nothing. No against the detained members of the one opposed the corruption Ampatuan clan. However, on 29 March they saw. These people were 2010, the Quezon City Regional Trial Court seized by the second fear...: (RTC)19, dismissed the rebellion charges for the fear of the scourge of lack of evidence. The PNP had been power. And when someone compiling the witness accounts of the dare opposed those in massacre from persons who have been co- power, they are subjected in accused in the case, and have subsequently an extreme way to this agreed to become state witnesses against the scourge through the cruel Ampatuans; but, a key witness (Suwaib and inhuman (acts) we all Upham, known by the alias “Jesse”, alleged condemn today”18. to be one of the gunmen during the massacre) was “shot dead by a lone attacker The Saga Continues in Parang town, Maguindanao”20. To date, Events related to the ongoing efforts to police continue to gather evidence relating resolve the Maguindanao Massacre continue to the massacre. In their search of the to happen from day to day, and unavoidably Ampatuans' residences, what they have alter the political landscape of the discovered defies the imagination: enough Philippines. On 09 December 2009, the weapons and ammunition to arm a battalion House of Representatives and the Senate of soldiers, as well as mansions and vehicles convened a joint session to question the that testify to an extravagant lifestyle. Efforts President's representatives (i.e., former to camouflage the extent of the Ampatuan officials Executive Secretary Eduardo clan's acquisitions during their control of Ermita, Acting Justice Secretary Agnes Maguindanao became apparent when it was Devanadera, APF Chief of Staff General discovered that their own lawyer supposedly Victor Ibrado, and Philippine National purchased eight properties they allegedly Police [PNP] Chief of Staff General Jesus owned21. These discoveries are all the more Verzosa) regarding the rationale of the reprehensible considering the poverty and declaration of martial law in Maguindanao privation of the Ampatuans' constituents. province and to vote on the validity of The resolution of this current threat to Proclamation No. 1959. Several petitions human security in the country is far from have been filed with the Supreme Court over. In January 2011, the Court of Appeals questioning the constitutionality of the said denied Zaldy Ampatuan's plea to be proclamation. However, these challenges to excluded from the charge sheet of the President Gloria Macapagal-Arroyo's multiple murder case, and Andal Ampatuan, proclamation were forestalled when she Sr. was arraigned in June 2011, both lifted martial law in the province on 13 developments occurring more than a year December 2009. These actions further since the massacre22. And on 27 November damaged her already troubled political 2012, shortly after the third year anniversary career. In addition, her detractors continued of the massacre, the backhoe operator who to criticize her administration regarding the acted on Andal Ampatuan, Jr.'s orders to handling of the investigation of the case. bury the victims' bodies was arrested23. The Department of Justice (DOJ) An important takeaway from these events is filed multiple murder and rebellion charges that the government's actions may either
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threaten human security or provide remedies 8 According to a chronology of to such threats. There is a need to closely events compiled by the Philippine Daily monitor subsequent developments, to Inquirer newspaper. Accessed online at continuously assess these developments and http://newsinfo.inquirer.net/311355/timeli relate them to previous events, and most ne-maguindanao-massacre on 15 January importantly, to remain vigilant so as to 2013. ensure that any further threats to human 9 Taken from United States security could be promptly addressed. President Franklin Roosevelt's Annual Address to Congress – The “Four Freedoms”, 06 January 1941. 10 Commission on Human Security, Notes 2003: 4. 11 1 The number of victims was officially The “narrow” concept of human reported as fifty-seven, since the body of security focuses on violent threats to Reynaldo Momay, a photojournalist from individuals or, as UN Secretary-General General Santos City, was never found. Kofi Annan puts it, “the protection of However, the DOJ formally recognized him communities and individuals from internal as the 58th victim of the Maguindanao violence” (Commission on Human Security, Massacre on 26 September 2012. 2005: VIII). 12 2 Based on media reports from 23 Statistics sourced from the November 2009 to 11 December 2009. National Statistics Office (NSO) website. Utmost efforts have been made to integrate Accessed online at as many documented events as possible – http://www.census.gov.ph/data/quickstat/ from the time the massacre was reported, up qs150911.html on 11 December 2009. 13 to the most recent news within January 2013 Lingao, Ed, “Ampatuans own 500 – into this paper. hectares but assets inventory incomplete”. 3 It was subsequently revealed that Accessed online at Esmael Mangudadatu's wife, Genalyn, and http://pcij.org/stories/ampatuans-own-500- one of his sisters, had been pregnant at the hectares-but-assets-inventory-incomplete/ time of their deaths. on 15 January 2013. 14 4 Blood feud or war between clans. Ibid. 15 5 Inquirer Mindanao and Norman Ramos, Marlon. “Today marks a Bordadora, “Rebellion raps vs 7 Ampatuans new beginning”, Philippine Daily Inquirer, but murder charges still priority”, Philippine 08 December 2009. Accessed online at Daily Inquirer, 10 December 2009. http://archive.inquirer.net/view.php?db=1 6 Ibid. &story_id=240765 on 11 December 2012. 16 7 Effective as of 9:00 P.M., 13 Television, newspaper and radio December 2009, per update report of ABS- reports between 06-08 December 2009. 17 CBN News. Accessed online at Señase, Charlie. “ARMM http://www.abs- employees return to work without gov”, cbnnews.com/nation/12/12/09/arroyo- Philippine Daily Inquirer, 09 December lifts-martial-law-proclamation-maguindanao 2009. Accessed online at on 15 January 2013. http://archive.inquirer.net/view.php?db=1 &story_id=241047 on 11 December 2009.
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18 Ordoñez, Ernesto. “Maguindanao Massachusetts: Harvard University massacre and fear”, p. B6, Philippine Daily Press. Inquirer, 11 December 2009. Commission on Human Security (2003). 19 According to Philippine Daily Human security now: final report Inquirer's timeline of the Maguindanao (online edition). Accessed at Massacre. Accessed online at http://www.humansecurity- http://newsinfo.inquirer.net/311355/timeli chs.org/finalreport/index.html. ne-maguindanao-massacre on 15 January 2013. Glasius, Marlies. (2008). “Human security 20 Ibid. from paradigm shift to 21 Lingao, Ed, “Andal Jr. sells 8 big operationalization: job description for a properties; 72 Ampatuans running in 2013”. human security worker”. Security Accessed online at Dialogue, 39 (1): 31-54. http://pcij.org/stories/andal-jr-sells-8-big- properties72-ampatuans-running-in-2013/ Human Security Centre. Human security on 15 January 2013. report 2005: war and peace in the 21st 22 According to the chronology of century (online edition). Accessed at events compiled by the Philippine Daily http://www.humansecurityreport.info/i Inquirer. Accessed online at ndex.php?option=content&task=view& http://newsinfo.inquirer.net/311355/timeli id=28&Itemid=63. ne-maguindanao-massacre on 15 January 2013. Inquirer Mindanao and Norman Bordadora, 23 According to GMA Network's “Rebellion raps vs 7 Ampatuans but timeline of the Maguindanao Massacre. murder charges still priority”, pp. A1, Accessed online at A15, Philippine Daily Inquirer, 10 http://www.gmanetwork.com/news/magui December 2009. ndanaomassacre on 15 January 2013. Jimeno, Jaileen F. (2008). Millennium development goals: Maguindanao, RP fall behind key indicators for education. References Online article at the Philippine Center for Investigative Journalism (PCIJ) Buzan, Barry, Ole Wæver, Jaap de Wilde. website. Accessed online at (1998). Security: a new framework for http://www.pcij.org/stories/2008/edu analysis. Boulder, Colorado: Lynne cation.html on 11 December 2009. Rienner Publishers, Inc. Kaldor, Mary. (2007). Human security: Colletta, Nat J. (2003) “Human security, reflections on globalization and poverty and conflict: reform of intervention. Cambridge, UK: Polity international financial institutions”, in Press. Chen, Lincoln, Sakiko Fukuda-Parr and Ellen Seidensticker (eds.), Human King, Gary and Christopher J. L. Murray insecurity in a global world. Cambridge, (2001). “Rethinking human security”.
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Political Science Quarterly, 116 (4): 585- December 2009. Accessed online at 610. http://archive.inquirer.net/view.php?d b=1&story_id=240765 on 11 Lee, Romeo B. (2008). “Delivering maternal December 2009. health care services in an internal conflict setting in Maguindanao, Señase, Charlie. “ARMM employees return Philippines”. Reproductive Health Matters, to work without gov”, Philippine Daily 16 (31): 65-74. Inquirer, 09 December 2009. Accessed online at Lingao, Ed. (2012a). “Andal Jr. sells 8 big http://archive.inquirer.net/view.php?d properties; 72 Ampatuans running in b=1&story_id=241047 on 11 2013”. Accessed online at December 2009. http://pcij.org/stories/andal-jr-sells-8- big-properties72-ampatuans-running-in- Sheehan, Thomas. 1979. “Heidegger´s 2013/ on 15 January 2013. Introduction to the Phenomenology of Religion 1920- 1921”. In. The ______. (2012b). “Ampatuans own 500 Personalist, LX, 3. 312-334. hectares but assets inventory Torres III, Wilfredo Magno (ed). (2007). incomplete”. Accessed online at http://pcij.org/stories/ampatuans- Rido: clan feuding and conflict own-500-hectares-but-assets-inventory- management in Mindanao. Makati City, incomplete/ on 15 January 2013. Philippines: The Asia Foundation.
Tow, William T. and Russell Trood. (2000). Ordoñez, Ernesto. “Maguindanao massacre and fear”, p. B6, Philippine Daily Inquirer, “Linkages between traditional security 11 December 2009. and human security”, in Tow, William T., Ramesh Thakur and In-Taek Hyun Owen, Taylor. (2004). “Challenges and opportunities for defining human (eds.), Asia's emerging regional order: reconciling traditional and human security”. Disarmament Forum, III, 15-24. security. Tokyo, Japan: United Nations National Statistical Coordination Board. University Press. (2012). 2009 Philippine Poverty Statistics for the Basic Sectors. Accessed United Nations Development Programme. online at (1994). Human Development Report http://www.nscb.gov.ph/poverty/2009 1994 (online edition). Accessed at /tables_basic.asp on 15 January 2013. http://hdr.undp.org/en/reports/global /hdr1994/ National Statistics Office (NSO) Quickstats on Maguindanao province. Accessed United Nations Human Security Unit, online at Office for the Coordination of http://www.census.gov.ph/data/quicks Humanitarian Affairs. (2009). Human tat/qs150911.html on 11 December security in theory and practice: 2009. application of the human security concept and the United Nations trust fund for human security (online Ramos, Marlon. “Today marks a new edition). Accessed at beginning”, Philippine Daily Inquirer, 08 67
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http://hdr.undp.org/en/media/HS_Ha ndbook_2009.pdf
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Features of the International Regulation of Space Activities ELENA SIDOROVA1, Center for Comprehensive European and International Studies, Moscow
Abstract
o identify key prerequisites for the formation of the international system of space activities regulation, T there are analyzed the paper starts with the analysis of four distinctive space security theories. The author compares and contrasts special features relating to the international space activities regulation in the 20th century with the contemporary ones. Apart from the military side of the issue, there is tackled the problem of international private space activities regulation. Three development stages of private space activities are defined. The overall obsolescence of the present international legal system of space activities regulation is proven.
1 Elena Sidorova, 20, is a fourth year student majoring in International Relations at the National Research University Higher School of Economics in Moscow. She writes her Bachelor Thesis on the political role of the Jewish Diaspora in the USA. She currently works as a Junior Researcher at the Center for Comprehensive European and International Studies in Moscow. Her academic interests include U.S.-Russia relations, history of international relations, international law, political psychology and political philosophy.
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Elena Sidorova Features of the International Regulation of Space Activities
Introduction co-management system per sample of the Antarctic Treaty of 1959, which was he international Space activities are in considered the first arms control the limelight of political science now, international agreement signed during the T as they were in 1960s and 1980s. Cold War and a very sound diplomatic There are several reasons for this. First, after expression of the scientific and operational the end of the Space Race between the USA cooperation achieved "on the ice". and the Soviet Union, joint space Eventually, neither track was chosen because exploration projects had been initiated, but of the absence of mutual consent between later on did not get sufficient further the USA and the Soviet Union (Bogaturov, development. Second, the process of missile 2011: 143). technologies proliferation goes on, with the Initially, the necessity to work out number of member states of the so called international legal norms of space activities “Space Club” increasing. Third, in the was related to the space security issue. The beginning of the XXI century a new term “space security” appeared for the first confrontation among the great powers for time in the academic literature in 1950s. In the leadership in exploring the Moon, solar 1950-1980s four theories of space security system planets and near space occurred. were put forward. Fourth, pioneering concepts of military The first one is called the space space development were put forward, nationalism theory. It was introduced by H. primarily in the field of missile defense Kahn, D. Kash, D.L. Harvey, L.C. Ciccority, systems with the use of space-based M. von Bencke and E.C. Dolman in 1950s. detection systems and space-based missile These scholars alleged that governments had defense interceptors. Fifth, apart from the an exclusive right to protect their space military side of the issue, competition both assets and that international treaties did not among countries and big companies for guarantee protection of one state from dominating the space services market has military space activities of the other state. been intensifying more and more over last Much attention within this theoretical two decades. All things considered, space approach was given to the possibility of attracts lots of actors of the international space militarization, on the one hand, and system and to make space activities more technological limitation and juridical accurate and efficient, the legal status of restriction of this process, on the other space, space activities and space objects has (Bogaturov, 2011:144). Space nationalism to be clearly defined. theory was a success in the USA in 1980s When the Space Race began, the because it corresponded to the Strategic USA and the Soviet Union, as the only Defense Initiative (SDI) introduced and owners of space technologies, decided to supported by Ronald Reagan’s divide space between themselves on the administration. basis of the Treaty of Tordesillas of 1494 The second space security theory between Spain and Portugal. This treaty was called by its creators (A.C. Clarke, W. divided the newly discovered lands outside Ley, F. Gibney and G. Feldman) the global Europe between the two countries along the institutionalism theory. It implies that meridian 370 leagues west of the Cape Verde independent actions of states aimed at Islands. Another option was to introduce the protecting their space assets may lead to
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space militarization. That’s why the only way theory does not refer anyhow to to guarantee a peaceful nature of space international space regulation. Instead, it activities is to establish specific international only describes different possible political institutions that would have a legal right to outcomes of international cooperation manage space activities (Bogaturov, among two or more parties interested in 2011:144). As global institutionalism theory performing this or that space activity, claims, international regulation of the cosmic without providing any legal framework for space should be benchmarked against their actions (Bogaturov, 2011:146). international regulation of the Antarctic and En masse, the concept of space oceanic space; the structure and contents of security, irrespective of all the attempts to United Nations Convention on the Law of provide distinctive ways and methods for the Sea of 1982 could be an ideal model for formulating international legal norms of an international space treaty appropriate for space activities, does not refer neither to the the whole international community. reasons for which international space The third space security theory – the regulation was introduced, nor contents, technological determinism theory - was theoretical meaning and practical originated by V. Basiuk, N.P. Ruzic, W.A. significance of the international space law. Frutkin and H.E. York in 1970s. Unlike the Today none of the four theories of space first two theories, this one admits that, under security dominates, but insteadach theory existing 1970s international order, it was can be applied under certain circumstances impossible to grant control over space to this or that case. activities to international organizations, only The real need to work out sovereign states had a legal right to manage international legal norms of space activities space activities. At the same time, occurred in late 1950s, when the USA and technological determinism theory the Soviet Union succeeded in running their acknowledges the fact that an international first space programs. Almost simultaneous body is needed to monitor space activities. success of both superpowers in space But such an international organization can potentially could lead, on the one hand, to perform only supervisory, non-binding possible declaration of sovereignty of any functions; it can only make country over distinctive segments of space recommendations that do not have any and, on the other hand, to possible launch of mandatory power (Bogaturov, 2011:145). the weapons of mass destruction (WMD) to The fourth theory is the one of social space and militarization of circumterrestrial interactionism. It emerged in 1980s space (Arbatov & Dvorkin, 2009:60). addressing the issue of space policy Prior to starting elaboration of implementation mechanisms. The authors of international space laws, were established a this theory (R.E. Neushtadt, E.R. May, S. series of international organizations and Kull, D.W. Larson) touched upon a political United Nations Committees on the use of side of decision making process relating to space. Thus, in 1950 there was founded the space activities. If the global institutionalism International Aeronautics Federation, in theory treats the possibility to work out 1958 - the Committee on Space Research, in international legal norms of space activities 1959 – the United Nations Committee on as a crucial step towards creating the Peaceful Use of Outer Space, in 1961 - the international regime of space activities United Nations Office for Outer Space management, the social interactionism Affairs. These international organizations 71
Elena Sidorova Features of the International Regulation of Space Activities
and UN Committees were not granted the started at the XVIII session of the United right to work out universal legal norms Nations Security Council in 1963. The relating to the use of space. Furthermore, participants of the negotiations reassured of their activities contradicted one another. But their decision to abandon the idea of the mere fact of establishing such launching WMD into space, placing WMD international bodies was extremely on any celestial body and in space. It is quite important, as it contributed a lot to maintain hard to guess whether these restrictions a status-quo in international space security represented the goodwill of the space (Bogaturov, 2011:149). In other words, even superpowers or they were the recognition of if irreconcilable contradictions between the technical inability to initiate such projects at USA and the Soviet Union over the that moment. Anyway, on the basis of the leadership in space remained, the negotiations, the USA, the Soviet Union and involvement of the international community the United Kingdom signed in 1967 the in the issue via the newly established legal Treaty on Principles Governing the entities to some extent eliminated the risk of Activities of States in the Exploration and open military confrontation in space, which Use of Outer Space, including the Moon and could endanger the whole mankind, between Other Celestial Bodies (Outer Space Treaty). the two parties. It introduced some crucial restrictions on The adoption of the United Nations space activities. Space exploration and space General Assembly Resolution № 1721 usage in the interests of the whole mankind, (XVI) on International Co-operation in the complete equality of all the countries in Peaceful Uses of Outer Space in 1961 gained space, freedom of scientific explorations in momentum to further development of space and full compliance with the norms of international space law. This document the international law, including the UN addressed the principles of the peaceful use Charter, were enunciated as basic principles of space, the necessity to register spacecraft of the treaty. In addition, the document launched from the Earth and correspondent prohibited appropriation of space, the Moon institutions responsible for launching, the and other celestial bodies by any country; requirement to codify international space launching WMD into space, placing WMD activities. These regulations were voluntary on any celestial body and in space; deliberate to follow for the countries that adopted the contamination and pollution of space. The resolution. Later on, the regulations set up in parties to the treaty undertook the the UN GA Resolution № 1721 were responsibility to use space peacefully, to included in the Limited Test Ban Treaty recognize astronauts as envoys of the signed and ratified by the USA, the Soviet mankind in space, to apply to the principles Union and the United Kingdom in 1963. of collaboration and mutual help during Under the treaty, it was introduced the space exploration missions. compulsory ban on launching nuclear Outer Space Treaty solved a whole weapons into space. It is widely considered set of problems accumulated by that that this particular limitation confirmed the moment. Prima facie, U.S.-Soviet space race real possibility to put supranational was put into legal framework. Countries regulation of space activities in practice. openly announced their will not to declare Negotiations on the elaboration of a sovereignty over celestial bodies (this universal agreement on space activities principle started to be widely used much
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later, when the technical progress made it To enlarge the regulations of the Rescue possible to send man-tended missions to the Agreement, in 1972 there was adopted the Moon and to realize orbital manned flights). Convention on International Liability for The treaty eliminated the direct threat of Damage Caused by Space Objects (Liability launching WMD into space and complicated Convention), which made it incumbent the execution of the works undertaken by upon the countries to repair damage done to the USA and the Soviet Union on the spaceship in accordance with the principles creation of the missile defense system(s) of international law and the principle of with the use of space-based detection justice. In 1976 the United Nations General systems and space-based missile defense Assembly Convention on Registration of interceptors (Fenenko, 2008:27). Objects Launched into Outer Space However, Outer Space Treaty (Registration Convention) came into effect. contained several legal gaps that allowed This document introduced the norms countries to evade the law. For instance, the relating to the mandatory provision of document did not include a ban on information about space objects, gave legal launching conventional weapons into space. force to the UN GA Resolution № 1721, Nothing was mentioned about the regulation and developed the international register of of commercial space activities. The status of operating spacecraft. disputable space segments, such as Despite looking promising, geostationary and polar Earth orbits, was international legal documents of 1968-1976 not identified (Fenenko, 2008, 28). The did not manage to form a new regime of hugest hiatus in the treaty was the absence security granting to international space of the definition of the term “space”. The activities. The situation has changed in late International Aeronautics Federation 1970s, when the Soviet Union, Argentina marked the border between air space and and Poland worked out the project of the cosmic space at a height of 100 km starting international agreement on the legal status of from the sea level in 1955. This definition the Moon. On its basis itwas signed the was not legally binding. The USA, in turn, United Nations General Assembly set their own demarcation line between air Agreement Governing the Activities of space and cosmic space in accordance with States on the Moon and Other Celestial the type of the aircraft in use. Bodies (the Moon Treaty) in 1979. The Under such circumstances, the need Moon was declared the general heritage of to close the gaps of Outer Space Treaty the mankind. Moreover, the agreement says became a key prerogative for the specialists that all the activities on the Moon are on international space law. Such an intention performed on behalf of all the human explains the adoption of several international beings. In fact, this claim was the attempt to space treaties in late 1960s and 1970s. In create the international regime of the Moon 1968 there was signed the United Nations exploitation and potential benefits sharing. General Assembly Agreement on the Rescue The agreement came in for criticism on the of Astronauts, the Return of Astronauts and part of the USA. Ronald Reagan’s the Return of Objects Launched into Outer administration affirmed that the document Space (Rescue Agreement). This document contradicted the principles of Outer Space fixed the commitment of the countries to Treaty of 1967, which fixed the neutral render assistance to astronauts and set up status of celestial bodies and did not allow norms of the return of wrecked spacecraft. any country to declare ownership rights over 73
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them. Also the USA called into question the the USA refused to discuss this issue. clause concerning redistribution of the Moreover, in 2002, George Bush’s recourses extracted from the Moon in the administration withdrew from the Soviet- interests of the mankind. From the American Anti-Ballistic Missile Treaty of American perspective, the Moon resourses 1972 and said America did not intend to be could not belong to anybody, or otherwise involved into any international joint project could be shared only by the space relating to the prevention of space superpowers, rather than be redistributed militarization. After 9/11 terrorist attacks, among the countries that did not perform the USA intensified cooperation with its their own space activities (Bogaturov, NATO allies and started to develop the 2011:151-152). In 1984 the USA refused to missile defense system without the ratify the Moon Treaty. The Soviet Union participation of Russia (Bogaturov, eventually followed the example of the USA. 2011:153). Ultimately, the treaty came into force only in So far, the latest attempt to impose 13 countries, among which there were no mandatory legal norms of space activities space superpowers. regulation on sovereign states was With the crash of the Soviet Union undertaken in 2007, when Russia and China in 1991, the USA became the only leader in presented to the juridical subcommittee of space, especially in the military space sphere. the United Nations Committee on Peaceful However, because of extremely high costs of Uses of Outer Space the draft on the space activities, the USA, Russia and the prohibition of placing in space any warlike European Union formed a cooperative equipment, launching into space any system of space exploration. In late 1990s it weapons and any using any force against became clear that the International Space space objects. On 7 August 2007 UN Station (ISS) was the only successful COPUOS approved the draft. The treaty international joint project. No further was planned to be made open for signing at development was given to international the annual United Nations Conference on Moon, solar system planets and near space Disarmament in February 2008. But the exploration projects (Fenenko, 2008, 30). In USA refused to sign the treaty on the pretext 1999, when Bill Clinton’s administration that it contradicted the American national announced its intention to modify the interest in securing its space assets. The U.S. Soviet-American Anti-Ballistic Missile Treaty Department of State forwarded to the UN a of 1972, a new wave of debates around series of amendments to the draft. There international space law occurred. was found no consent among counties either Prevention of space militarization over the text of the draft or the was the main issue under discussion. The amendments, that’s why the treaty was not Russian president Vladimir Putin made a made open for signing at all. statement on the necessity to minimize the Today international space law deals risk of space militarization at the United equally with the military side of the issue and Nations General Assembly meeting on 6 the commercial one. Space tourism and September 2000. He proposed to sign the private spaceflight require the international international treaty that would ban launching law of outer space to alter and to become warlike equipment into space. Putin’s more adaptive to the revolutionary announcement was welcomed by China, but development of this new economic sphere.
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Private space activities have activities functioning (Von der Dunk, 2011, undergone three development stages (Von 147). der Dunk, 2011, 146). At the first stage, the Space tourism and private spaceflight categories of shareholders and stakeholders represent the third development stage. As a in space activities were very limited. legal category, space tourism is a quite vague Governments and their space agencies were notion. It underlines only motivation accountable for launching, operating and (people are engaged in this activity for controlling space objects. The role of private pleasure and entertainment, rather than for companies was merely nominal. They were scientific or training purposes) as a key allowed only to be manufacturers of indicator that distinguishes space tourism spaceship for public entities, downstream from traditional spaceflight. In addition, customers of space-based applications and space tourism can be divided into orbital providers of subsidiary services for the one and suborbital one. The first orbital benefit of the governments. For this reason, touristic spaceflight took place in April 2001, Outer Space Treaty of 1967, Rescue when Dennis Tito arrived with a one-week Agreement of 1968, Liability Convention of visit to the Russian module of the ISS at a 1972 and Registration Convention of 1976 ticket price of 20 million U.S. dollars. Since focused exclusively on the rights and that time at least seven private orbital obligations of state space agencies, rather touristic space trips have been taken on a than private enterprises (Von der Dunk, private basis. Nevertheless, in legal terms 2011:146). one cannot define orbital touristic The second stage of private space spaceflight as a purely private enterprise at activities development demanded from least for technical reasons. If the private private entities to start to independently character of passengers is out of question, render launch services and operate space still only public spacecraft are technically objects. From the legal perspective, this viable to travel to the ISS, which is also a implied that governments got obliged to public destination itself (Von der Dunk, exercise jurisdiction over private companies 2011, 147). In turn, the suborbital touristic and to make them meet the requirements of spaceflight implies a few-hour trip to the liability and responsibility in accordance with edge of outer space and back. Such a ride international space law. To achieve this goal, legally falls into the category of private space many countries, primarily the USA tourism beyond any doubt, as spacecraft in (Commercial Space Launch Act of 1984) use are completely financed, owned and and Russia (Law of the Russian Federation operated by private companies (such as on Space Activities № 5663-1 of 1993), Virgin Galactic, XCOR and Rocketplane) decided to enact national space laws, and the motivation (that is for pleasure) is national licensing systems and national absolutely clear. The term “private supervision mechanisms in order to ensure spaceflight” has a broader meaning, since that private space activities were under such a flight can be taken not exclusively for control both of the government and touristic purposes. Most generally, lawyers international space law. At that moment the define private spaceflight as suborbital combination of international space treaties spaceflight, whose primary task is to offer and national space legislation and regulation individuals the opportunity to fly on board was sufficient for proper private space private spaceship to a place of destination (or from one place to another). To save a 75
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considerable amount of time, in the process tourism that make undubious distinction of such a trip an individual can enter, between a space crew and space flight traverse and leave the edge of outer space. participants (Commercial Space Law In future some companies (e.g. Bigelow Amendments Act of 2004; Human Space Aerospace) even plan to build, launch and Flight Requirements for Crew and Space operate space hotels, which are likely to be Flight Participants: Final Rule of 2006). The legally defined as private destinations in American initiative is rather comprehensible, outer space (Von der Dunk, 2011, 148). as it specifies the type and the grade of On the whole, because of the state responsibility each individual on board orientation of current international space bears. Consequently, it would be reasonable law, the legal status of private operators and is this idea was made applicable at the their activities is defined primarily through supranational level. national legislation. The development of All in all, the majority of methods of private space activities goes much faster than space activities regulation, which continue to the development of international space law. be widely used today, were worked out It seems very unlikely that in the nearest either by American or Soviet lawyers in the future the state-orientated model will be second part of the XX century. For many substituted by the state-plus-private-sector years the agenda of space activities orientated one. However, technical advances regulation has been defined by key clauses of may soon demand from international space Outer Space Treaty of 1967. Theoretically, law to set up necessary universal legal international space legal documents signed framework for private space activities. in 1970s-1990s dealt with the issue of Among most disputable issues at the maintenance of the space co-management international level in this case will be the system between the USA and the Soviet ones of certification, space traffic Union and with the issue of prevention of management, authorization, control, space militarization. Practically, they registration and liability arrangements (Von answered the purpose of closing legal gaps der Dunk, 2011, 152). of Outer Space Treaty of 1967. In 1990s- Apart from the above mentioned 2000s the situation on the world arena has controversial issues, there remains another changed. America’s achievement of the serious legal gap: the concept of “astronaut”, undoubtful leadership in space put an end to as defined in international space treaties, the balanced system of international space does not fit well with contemporary co-management. Private space activities proposals for commercial space tourism. By development confirmed that the now, astronauts have been described in all international legal system of space activities the international space documents as highly regulation based on Outer Space Treaty of trained state-employed professionals with a 1967 and subsequent international legal specific range of duties and responsibilities, documents became completely obsolete. rather than as ordinary untrained people Today the paucity of mutual understanding (clients of private space companies). With among countries over space issues is a huge the development of space tourism the ambit problem. If the international community of the term “astronaut” becomes unclear does not return to the negotiation table and (Lyall, 2010, 1614-1615). The USA has does not elaborate contemporary already imposed national rules for space international space laws, negative
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consequences might be expected. On the one hand, these consequences may have economic implications, such as intensification of competition over commercial activities in space, shifting of liability for outer space private and commercial activities from state to private companies or vice versa. On the other hand, such consequences may lead to higher risks in global space security, fragmentation and segmentation of space, appropriation of space objects, which is likely to be achieved through open military confrontation. The renewal of international legal documents should be run in full accordance with international principles of law. The involvement of international bodies into this process, primarily the United Nations Organization, is required.
References
Arbatov, A. & Dvorkin, V. (2009) Outer Space: Weapons, Diplomacy and Security. Moscow: ROSSPAN.
Bogutarov, A. (2011) International Relations of the Russian Federation in New Political Spaces. Moscow: URSS.
Fenenko, A. (2008) Space Race and International Security. International Trends, Vol. 6, №3 (18), pp. 26-41.
Lyall, F. (2010) Who is an Astronaut? The Inadequacy of Current International Law. Acta Astronautica, Vol. 66, pp. 1613-1617.
Von der Dunk, F. (2011) Space Tourism, Private Spaceflight and the Law: Key Aspects. Space Policy, Vol. 27, pp. 146-152.
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