JPI Spring 2015
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Table of Contents<br />
Letter from the Editor | Madeleine Wykstra 1<br />
<strong>JPI</strong> <strong>Spring</strong> <strong>2015</strong> Editorial Board 2<br />
Sexual Citizenship and EU Conditionality | Séhzad M. Sooklall 3<br />
Does Official Development Assistance Contribute to Long- Term Growth and Stability in<br />
Afghanistan? | David Esmati 22<br />
From Operation Serval to Barkhane: Understanding France’s Increased Involvement in Africa<br />
in the Context of Françafrique and Post- colonialism | Carmen Cuesta Roca 32<br />
China’s Economic Espionage: Stealing, not Destroying | Reema Hibrawi 41<br />
The Anti-Communist Myth: A Critical Examination of Aggregate U.S. Foreign Policy<br />
Analysis of the Cold War | Dylan Heyden 48<br />
An Appraisal of the Joint Development Approach to the South China Sea Dispute:<br />
Prospects and Challenges | Guan Hui Lee 56<br />
Is Sustained Economic Growth in Russia’s Future? | Joel Alexander 66<br />
Iraq: State Or National Collapse? | Paul Mutter 79<br />
Power to the Babushkas? Reconsidering the Relationship between Russian Politics<br />
and the Elderly | Ilaria Parogni 90<br />
From Multi-Party to Two-Party System: The Applicability of Duverger’s Law and<br />
the Taiwanese Election Reform | Pei-Yu Wei 101<br />
Empowering Women or Hollow Words? Gender References in Peace Agreements |<br />
Lori Perkovich 111<br />
A New Cold War in the Arttic? | Roma Parhad 123<br />
Faculty Spotlight: A Conversation with Professor Michael Williams |<br />
Interviewed by Jordan Clifford 130
Letter from the Editor | <strong>Spring</strong> <strong>2015</strong><br />
It is with great pleasure that I present the Journal of Political Inquiry’s <strong>Spring</strong> <strong>2015</strong> publication.<br />
This issue is the product of a diverse, talented, and ambitious team of writers and editors. It features<br />
student authors from several different New York University graduate programs. These students<br />
invested commendable time and energy into their respective articles, and that effort shows in the<br />
quality of their work.<br />
The <strong>Spring</strong> <strong>2015</strong> issue, of course, would not have been possible without the valiant efforts of our<br />
managing editors, who worked tirelessly to prepare these articles for publication. The Journal is also<br />
fortunate to have had an exceptional team of students serve on the editorial board this year. In<br />
addition, our operations team should be commended for expanding <strong>JPI</strong>’s readership and<br />
participation to many different programs at GSAS and NYU.<br />
This has been a transformative year for <strong>JPI</strong>. We sought to expand the Journal’s presence and its<br />
substance, and we have succeeded in doing both. As you know, <strong>JPI</strong> is a student-cultivated, studentled<br />
publication. Its success this year was made possible by students who recognize the value in<br />
exchanging ideas, skills, and perspectives outside of the classroom. The Fall 2014 and <strong>Spring</strong> <strong>2015</strong><br />
publications speak to our collective ambition and initiative, and the value we see in producing<br />
something with our peers, for our peers.<br />
In my Fall 2014 letter, I wrote that we must “take advantage of our time together in graduate<br />
school, and the pool of talent that comprises our own student body.” The hundreds of hours spent<br />
in putting together <strong>JPI</strong>’s Fall 2014 and <strong>Spring</strong> <strong>2015</strong> issues have allowed us to do just that, and we<br />
are collectively better for it. Although <strong>JPI</strong> will continue evolving and growing under each new<br />
editorial board, the students who worked so hard to bring new life to <strong>JPI</strong> this year have left their<br />
own indelible mark. I thank them for their dedication—and I thank you, the readers, for your<br />
support of our efforts.<br />
Wishing you all a happy and successful summer,<br />
Madeleine Wykstra<br />
Editor-in-Chief<br />
Madeleine is a second-year MA candidate at New York University. She graduated summa cum laude from the<br />
State University of New York at Purchase, with a BA in political science and a minor in economics.<br />
Previously, Madeleine served as an editor for the Center for Constitutional Transitions at NYU Law School,<br />
and as an editorial intern for the Carnegie Council for Ethics in International Affairs. Her research interests<br />
include multilateral responses to intrastate conflict, the emergence and development of transnational<br />
regulatory standards, and the design of administrative mechanisms to improve natural resource revenue<br />
management in developing countries. She will begin a JD program at Berkeley School of Law in the fall.<br />
1 <strong>Spring</strong> <strong>2015</strong> 1
Editorial Board<br />
Editor-in- Chief<br />
Madeleine Wykstra<br />
Managing Editors<br />
Jie Zhan<br />
Roma Parhad<br />
Ásdís Ólafsdóttir<br />
Xing Lu<br />
Mireia Triguero Roura<br />
Dylan Heyden<br />
Guan Hui Lee<br />
Hannah Thomas<br />
Ji Min Kiim<br />
Joseph Lavicka<br />
Khobaib Osailan<br />
Marcela Villacob<br />
Editors<br />
Paul Mutter<br />
Pei-Yu Wei<br />
Wenjun Zeng<br />
Won Min Seo<br />
Zehra Rehman<br />
Jordan Clifford<br />
Ramiro Fúnez<br />
Special thanks to our honorary guest editor Elizabeth Bennett<br />
2 <strong>Spring</strong> <strong>2015</strong> 2
Sexual Citizenship and<br />
EU Conditionality<br />
Can Supranational<br />
Organizations Facilitate the<br />
Advancement of Sexual<br />
Minorities?<br />
The Case of Former Yugoslav<br />
Republics and EU Accession<br />
Séhzad M. Sooklall<br />
Citizenship is transcending traditional<br />
European states’ borders. More<br />
than a half billion Europeans are<br />
now citizens of both the European Union<br />
(EU) and one of the 28 member states. 1<br />
Article 20 of The Treaty on the<br />
Functioning of the European Union states<br />
that “every person holding the nationality<br />
of a Member State shall be a citizen of the<br />
Union” and that “citizenship of the Union<br />
shall be additional to and not replace<br />
national citizenship.” 2 Do the rights and<br />
protections afforded by member states<br />
necessarily mirror the ones afforded at the<br />
supranational level? Is one set of<br />
citizenship rights more desirable than the<br />
other?<br />
Several factors must be considered:<br />
does the citizen in question constitute part<br />
1 Dimitry Kochenov, “The Present and the Future<br />
of EU Citizenship: A Bird’s Eye View of the Legal<br />
Debate,” Jean Monnet Working Papers (NYU Law<br />
School) No.2/12 (2012): 3,<br />
http://dx.doi.org/10.2139/ssrn.2063200.<br />
2 The Member States, “Consolidated version of the<br />
Treaty on the Functioning of the European Union,”<br />
Official Journal of the European Union (2012),<br />
http://eur-lex.europa.eu/legalcontent/EN/TXT/?uri=CELEX:12012E/TXT.<br />
of the minority or majority in terms of the<br />
power structure of that state, and very<br />
importantly, to which member state does<br />
the citizen belong? In the process of EU<br />
enlargement, applicant countries have to<br />
harmonize their national legislation with<br />
the acquis communautaire before entry into<br />
the union. 3 This paper explores whether<br />
conditionality to EU membership has<br />
served as an effective instrument for<br />
positive change in the lives of sexual<br />
minorities in the applicant countries. More<br />
specifically, this paper will focus on the<br />
former Yugoslav republics of Serbia and<br />
Montenegro, which are currently in the<br />
negotiation phase for EU accession, and<br />
Croatia, which was admitted to the union<br />
in July 2013. 4<br />
This paper will begin with the<br />
introduction of relevant context, including<br />
operational definitions. It will be followed<br />
by a review of Contested Terrain of Sexual<br />
Citizenship: EU Accession and the Changing<br />
Position of Sexual Minorities in the Post-Yugoslav<br />
context, by Katja Kahlina. It will then<br />
compare EU accession of the former<br />
Yugoslav republics and the resulting<br />
impact on sexual minorities with recent<br />
events in France in regards to same sex<br />
marriage legalization. This comparative and<br />
interpretive analysis finds that although<br />
advancement of sexual citizenship in<br />
France was not imposed by the European<br />
Union, riots and anti-gay violence still<br />
3 Katja Kahlina, “Contested Terrain of Sexual<br />
Citizenship: EU Accession and the Changing<br />
Position of Sexual Minorities in the Post-Yugoslav<br />
Context,” University of Edinburgh School of Law: The<br />
Europeanisation of Citizenship in the Successor States of the<br />
Former Yugoslavia (CITSEE) Working Paper Series No.<br />
2013/33 (2013): 23,<br />
http://papers.ssrn.com/sol3/papers.cfm?abstract_i<br />
d=2388884.<br />
4 “EU Enlargement: Check Current Status,”<br />
European Commission, last modified April 16, <strong>2015</strong>,<br />
http://ec.europa.eu/enlargement/countries/checkcurrent-status/index_en.htm.<br />
3 <strong>Spring</strong> <strong>2015</strong> 3
erupted in Paris just as they did in<br />
Belgrade, Zagreb and Montenegro, which<br />
suggests that causality for anti-gay<br />
sentiment might not necessarily be rooted<br />
in EU conditionality but is likely a<br />
symptom of generalized homophobia. This<br />
paper presents the argument that the<br />
advancement of sexual minority rights<br />
comes at a cost regardless of whether it is<br />
endogenously or exogenously promulgated<br />
, and often with vitriol and protests<br />
targeted toward the very same minority<br />
groups expected to benefit from changes in<br />
the law. However, because the gains in<br />
legal status come with increased rights and<br />
remedies, it is a worthy and significant goal<br />
to pursue in spite of the costs.<br />
The paper concludes by posing<br />
relevant questions concerning the power of<br />
supranational organizations, and whether<br />
such organizations can facilitate the<br />
advancement of sexual minority rights.<br />
Taking the EU as a model, can other<br />
supranational organizations (World Trade<br />
Organization or the World Bank) impose<br />
membership requirements that ask not only<br />
for the respect of sexual minority rights via<br />
declaratory instruments but also impose<br />
strict enforcement, regulatory and<br />
disciplinary regimes for violating such<br />
rights?<br />
BACKGROUND<br />
Gender equality and nondiscrimination<br />
on the basis of sex, racial or<br />
ethnic origin, religion or belief, disability,<br />
age and sexual orientation are amongst the<br />
founding values of the European Union. 5<br />
Therefore, citizens of member states and,<br />
5 European Commission, “The EU Explained:<br />
Justice, Fundamental Rights and Equality,”<br />
Luxembourg: Publications Office of the European Union<br />
(2014): 4,<br />
http://europa.eu/pol/pdf/flipbook/en/justice_en.<br />
pdf.<br />
by extension, citizens of the supranational<br />
European Union are afforded equal rights<br />
regardless of gender or sexual orientation.<br />
A supranational organization lies<br />
somewhere between a confederation and a<br />
federation, but it does not fall exclusively<br />
into either category because there are<br />
several characteristics that are unique to<br />
this type of union. 6 For example, while<br />
competence is divided between the EU and<br />
the individual states, sovereignty remains<br />
exclusively within the realm of the member<br />
states. 7 Kiljunen 8 makes the point that EU<br />
legislation takes precedence over national<br />
laws in areas where the EU has been<br />
accorded competence, 9 just as U.S. federal<br />
law and the constitution take precedence<br />
over state law only in matters where the<br />
federal government has been granted such<br />
powers by the Constitution.<br />
The important concept here is that<br />
a supranational organization is a collective<br />
body of states acting through a central<br />
power in matters delegated to it by the<br />
individual states. The states defer to the<br />
supranational rule in the matters delegated<br />
to that union. The EU started as an<br />
economic union, but gradually expanded its<br />
scope. Social, political and human rights<br />
eventually made their way into the acquis<br />
communautaire. The acquis communautaire is<br />
defined as the “[c]ommon foundation of<br />
rights and obligations which binds together<br />
6 Kimmo Kiljunen, “The European Constitution in<br />
the Making,” Centre for European Policy Studies (2004):<br />
22,<br />
7 Ibid.<br />
8 “Composition: Representatives of the National<br />
Parliaments,” The European Convention, last visited<br />
April 16, 2014, http://europeanconvention.europa.eu/EN/Static/Static6cf8.html?la<br />
ng=EN&Content=Parlement_Nat. Kimmo<br />
Kiljunen is a former member of the Finnish<br />
Parliament and member of the European<br />
Convention that drafted a constitution for the EU.<br />
9 Kiljunen, “The European Constitution in the<br />
Making,” 19.<br />
4 <strong>Spring</strong> <strong>2015</strong> 4
the Member States of the European<br />
Union.” 10 It is derived from the French<br />
verb acquérir, which means to acquire, and<br />
therefore conjointly means that which the<br />
community has already acquired. This<br />
concept is important here because new<br />
members seeking to enter the union have<br />
to harmonize their national laws to grant<br />
those acquired European rights to their<br />
citizens as well. Hence, as the rights of<br />
sexual minorities became part of the<br />
European acquis in the 2000s, 11 the<br />
applicant countries from The Socialist<br />
Federal Republic of Yugoslavia (SFRY)<br />
had to enact non-discrimination legislation<br />
to protect sexual minorities.<br />
The SFRY was a federation of six<br />
socialist republics: Bosnia and<br />
Herzegovina, Croatia, Macedonia,<br />
Montenegro, Serbia, and Slovenia, which<br />
disintegrated in the 1990s as a result of a<br />
number of regional ethnic conflicts. These<br />
countries are pertinent because they<br />
constitute the majority of applicants<br />
currently negotiating for EU accession. 12<br />
While Croatia successfully acceded to the<br />
union in 2013, Serbia and Montenegro are<br />
still undergoing the negotiating phase. 13<br />
Moreover, these three countries are<br />
relevant to this study because despite their<br />
geographic proximity, they have distinctive<br />
narratives and imaginaries in EU accession.<br />
10 “Community Acqui,” EuroVoc: Multilingual<br />
Thesaurus of the European Union, last visited April 16,<br />
2014,<br />
http://eurovoc.europa.eu/drupal/?q=request&uri=<br />
http://eurovoc.europa.eu/210682.<br />
11 Council of the European Union, “Council<br />
Directive 2000/78/EC of 27 November 2000<br />
Establishing a General Framework for Equal<br />
Treatment in Employment and Occupation,” Official<br />
Journal of the European Communities (2000), http://eurlex.europa.eu/legalcontent/EN/TXT/PDF/?uri=CELEX:32000L007<br />
8&rid=2.<br />
12 “EU Enlargement: Check Current Status,”<br />
European Commission.<br />
13 Ibid.<br />
This is especially seen vis-à-vis EU<br />
conditionality toward harmonization of<br />
sexual minority rights. 14<br />
LITERATURE REVIEW<br />
This analysis examines Kahlina’s<br />
paper in great depth because of her seminal<br />
work on the issue of sexual minority rights<br />
in the context of former Yugoslav<br />
republics’ accession to the EU. As a<br />
current and popular topic in human rights,<br />
there is however limited scholarship<br />
specifically on the issue of LGBT rights in<br />
the context of Western Balkan states. This<br />
paper not only builds on the work laid out<br />
by Kahlina but also offers a different<br />
perspective and analysis using secondary<br />
sources.<br />
Kahlina, in Contested Terrain of<br />
Sexual Citizenship: EU Accession and the<br />
Changing Position of Sexual Minorities in the<br />
Post-Yugoslav Context, explores the point<br />
brought forth by feminist and sexuality<br />
studies scholars that citizenship rights and<br />
duties are accorded differently on the basis<br />
of gender and sexuality. 15 The author<br />
submits that because citizenship is granted<br />
largely on the basis of ancestry, which is<br />
inevitably linked to reproductive and<br />
monogamous sexuality, society has an<br />
inherent bias toward heterosexuality. 16<br />
Throughout her paper, Kahlina discusses<br />
the tensions between nationalism, nationbuilding,<br />
and the transnational processes of<br />
EU accession and how these impacted<br />
sexual citizenship in the former Yugoslav<br />
republics. 17<br />
It is important to clarify Kahlina’s<br />
conceptions of “sexual citizenship” and<br />
“sexual minority.” Lister as quoted in<br />
14 Kahlina, “Contested Terrain of Sexual<br />
Citizenship,” 11.<br />
15 Ibid., 1.<br />
16 Ibid., 1-2.<br />
17 Ibid., 1.<br />
5 <strong>Spring</strong> <strong>2015</strong> 5
Kahlina referred to sexual citizenship as<br />
“the ways in which sexuality is implicated<br />
in the scope of rights that form the basis of<br />
citizenship, such as civil, social, and cultural<br />
rights, and which determine the unequal<br />
citizenship status of sexual minorities, i.e.<br />
of those individuals whose sexual practices<br />
do not comply with the heterosexual<br />
norm.” 18 This paper will attempt to answer if<br />
the bundle of rights afforded to the sexual<br />
minority can be equalized to those of the<br />
majority in the EU. Kahlina presents the<br />
concept of “sexual minority” not in a<br />
quantitative sense but rather in terms of<br />
the power structure. 19 Alcoff and Mohanty<br />
as quoted in Kahlina posit the concept of<br />
minority within a “framework [that] signifies<br />
the non-hegemonic position that is formed<br />
on the grounds of its unequal relation to<br />
the dominant group.” 20 Following this<br />
definition, sexual minorities would consist<br />
of the group of people who have unequal<br />
power in comparison to the dominant<br />
group of heterosexuals in society.<br />
Kahlina submits that although<br />
sexual minority rights were already part of<br />
the EU legal discourse in the 2000s, they<br />
did not play a prominent role in the 2004<br />
and 2007 enlargements. 21 However, greater<br />
18 Ruth Lister, “Sexual Citizenship.” In Handbook of<br />
Citizenship Studies, eds. Engin F. Isin and Bryan S.<br />
Turner, 191-209. London: SAGE Publications Ltd.,<br />
2002. doi: 10.4135/9781848608276.n12, quoted in<br />
Kahlina, “Contested Terrain of Sexual Citizenship,”<br />
2.<br />
19 Kahlina, “Contested Terrain of Sexual<br />
Citizenship,” 5.<br />
20 Linda Martín Alcoff and Satya P. Mohanty,<br />
“Reconsidering Identity Politics: An Introduction.”<br />
In Identity Politics Reconsidered, eds. Satya P. Mohanty,<br />
Linda Martín Alcoff, and Michael Hames-Garcia, 1-<br />
9. Gordonsville, VA, USA: Palgrave Macmillan,<br />
2006. Accessed May 1, <strong>2015</strong>. ProQuest ebrary,<br />
quoted in Kahlina, “Contested Terrain of Sexual<br />
Citizenship,” 5.<br />
21 Kahlina, “Contested Terrain of Sexual<br />
Citizenship,” 9. The 2004 and 2007 enlargements<br />
emphasis was placed on sexual citizenship<br />
beginning with the accession of Croatia,<br />
Montenegro, and Serbia in the late 2000s. 22<br />
The author points to the European<br />
Commission Progress Report for Croatia and<br />
Article 33 of the EP Resolution 2012 on the<br />
European integration process of Serbia<br />
calling on the respective countries to do<br />
more against homophobia and to conform<br />
with European standards when it comes to<br />
protection of sexual minorities. 23 Kahlina<br />
purports that those stricter standards were<br />
imposed because of EU bias against the<br />
Western Balkan states, which were<br />
depicted as “backward,” “not civilized<br />
enough” and “not ‘European’ enough.” 24<br />
On the other hand, it could be<br />
argued that the EU’s motivation was<br />
sincerely founded upon a desire to create a<br />
more unified community that shared<br />
similar human rights values among other<br />
things. In Citizenship and the Problem of<br />
Community, Lynn A. Staeheli explains that<br />
citizenship is closely linked to community.<br />
She argues that “community is where<br />
contests are waged over membership and<br />
the political subjects and subjectivities that<br />
‘belong’ in a political community …<br />
[community] is a site in which power<br />
relationships are both expressed and<br />
solidified through citizenship formation.” 25<br />
Staehli suggests that citizenship is a<br />
struggle or contest to belong to a particular<br />
polity.<br />
included the following countries: Hungary, Poland,<br />
Romania, Slovakia, Latvia, Estonia, Lithuania,<br />
Bulgaria, Czech Republic and Slovenia. “EUROPA:<br />
The History of the European Union,” European<br />
Union, last visited April 16, 2014,<br />
http://europa.eu/about-eu/eu-history/2000-<br />
2009/index_en.htm.<br />
22 Kahlina, “Contested Terrain of Sexual<br />
Citizenship,” 9.<br />
23 Ibid., 9-10.<br />
24 Ibid., 10.<br />
25 Lynn Staeheli, “Citizenship and the Problem of<br />
Community,” Political Geography 5, 7 (2008): 27.<br />
6 <strong>Spring</strong> <strong>2015</strong> 6
In studying how different<br />
communities in the Western Balkan states<br />
were imagined, Kahlina paid close<br />
attention to the sharp distinctions in the<br />
national imaginaries of the respective<br />
states. 26 Following the dissolution of the<br />
former Yugoslav federation, the previously<br />
repressed sense of ethnic belonging came<br />
to the forefront in the states once again. 27<br />
Kahlina finds that this concept of national<br />
imaginary built around ethnic identity is<br />
significant in the study of EU accession. In<br />
Croatia, for example, being more<br />
“European” was considered more desirable<br />
than being “Balkan,” which was the reverse<br />
in Serbia. 28 These distinctive discourses<br />
eventually led to different paths toward EU<br />
accession in the respective states. Building<br />
on national imaginaries can be a powerful<br />
tool for social change. Western<br />
democracies often pride themselves on<br />
issues such as inclusion of minorities,<br />
tolerance, and human rights. It is a way to<br />
mark their difference from the others. 29<br />
National imaginaries translate into<br />
legal realities. Kahlina explains that<br />
conceptions of nation, gender and sexuality<br />
define the citizenship status of sexual<br />
minorities because they not only relate in a<br />
cultural context but also in the allocation of<br />
rights through family codes, citizenship and<br />
immigration acts, and labor and health<br />
26 Kahlina, “Contested Terrain of Sexual<br />
Citizenship,” 11-12.<br />
27 Thomas Hylland Eriksen, Social Identity, Intergroup<br />
Conflict, and Conflict Reduction, eds. Richard D.<br />
Ashmore, Lee Jussim & David Wilder (2001), 47-<br />
51.<br />
28 Kahlina, “Contested Terrain of Sexual<br />
Citizenship,” 11.<br />
29 Fred Joseph LeBlanc, “Sporting<br />
Homonationalism: Russian Homophobia,<br />
Imaginative Geographies & the 2014 Sochi<br />
Olympic Games” (presentation, Sociology<br />
Association of Aotearoa New Zealand, Annual<br />
Conference December 2013)<br />
https://otago.academia.edu/FredLeBlanc/Confere<br />
nce-Presentations.<br />
insurance laws. 30 Kahlina, however, stops<br />
short from endorsing the concept of<br />
Europeanization of the Western Balkan<br />
states as a definite and progressive change<br />
in the national imaginaries that results in<br />
greater inclusion of sexual minorities. She<br />
suggests that importing Western European<br />
standards has also provided ammunition to<br />
conservative and nationalist groups to<br />
disenfranchise and discriminate against<br />
sexual minority groups, implying that there<br />
was no clear advancement of sexual<br />
minority rights as a result of the Western<br />
Balkan states’ legislative harmonization<br />
with EU requirements. Kahlina therefore<br />
suggests that the EU was not necessarily an<br />
unambiguous liberator of the oppressed<br />
sexual minorities in the former Yugoslav<br />
republics. She specifically cautions against<br />
the assumption that a Europeanization<br />
movement would become a protector of<br />
local LGBT populations. 31<br />
In fact, changes in the legal code<br />
that decriminalized homosexuality did not<br />
occur at the same time across the former<br />
Yugoslav states, Kahlina argues. It was not<br />
a single Europeanization wave that swept<br />
decriminalization of homosexuality<br />
through Yugoslavia at a particular point in<br />
time. Decriminalization of homosexuality<br />
actually began in 1977, long before EU<br />
accession, at a time when criminal law<br />
shifted from federal to the state level—<br />
Slovenia, Croatia, and Montenegro, and the<br />
Province of Vojvodina decriminalized in<br />
1977 but Serbia waited until 1994. 32 Serbia<br />
was actually one of the last countries in the<br />
Eastern European block to address the<br />
issue of homosexuality altogether. In fact,<br />
it took 15 years after the 1994<br />
30 Kahlina, “Contested Terrain of Sexual<br />
Citizenship,” 4.<br />
31 Ibid., 5.<br />
32 Douglas Sanders, “Getting Lesbian and Gay<br />
Issues on the International Human Rights Agenda,”<br />
Human Rights Quarterly 67, 71 (1996): 18.<br />
7 <strong>Spring</strong> <strong>2015</strong> 7
decriminalization for the country to enact<br />
the first law banning discrimination based<br />
on sexual orientation, and it would not be<br />
until 2009 that the first non-violent gay<br />
pride parade took place. 33 The relative<br />
speed of change in Serbia is arguably<br />
slower compared to the neighboring<br />
countries, and the possible reasons behind<br />
this particular Serbian exception will be<br />
examined below.<br />
As SFRY broke up in 1992,<br />
Ragazzi and Sťiks explain, the successor<br />
states used their “founding documents,<br />
constitutions and citizenship laws as<br />
effective tools to accelerate nation-building<br />
and to ‘ethnically engineer’ their<br />
populations to the advantage of the<br />
majority ethnic group.” 34 The authors<br />
argued that the new citizenship laws both<br />
“deterritorialised inclusion and targeted<br />
exclusion” because in Croatia, for example,<br />
Croatian ethnicity at its core was used “not<br />
only to homogenise the national<br />
population through the exclusion of non-<br />
Croats, but also to include all ethnic Croats<br />
in a single national group, regardless of<br />
their place or country of residence.” 35<br />
In Negotiating Interests: Women and<br />
Nationalism in Serbia and Croatia, 1990-1997,<br />
Lilly and Irvine submit that nationalist<br />
ideologies in Serbia and Croatia reflect the<br />
concept of nation as a patriarchal family,<br />
assigning the role of the father in the<br />
public sphere as soldiers and workers, and<br />
positioning women to the private sphere as<br />
“reproducers and socializers of future<br />
citizens” teaching them the nation’s<br />
33 Bojana Dunjić-Kostić et al., “Knowledge: A<br />
Possible Tool in Shaping Medical Professionals’<br />
Attitudes Towards Homosexuality,” Psychiatria<br />
Danubina 24, 2 (2012): 143-144.<br />
34 Francesco Ragazzi & Igor Štiks, Citizenship Policies<br />
in the New Europe, eds. Rainer Bauböck, Bernhard<br />
Perchinig & Wiebke Sievers (2009), 339.<br />
35 Ibid.<br />
“history, traditions, culture, and values.” 36<br />
As such, women are framed as not only<br />
carriers of the genetic material of the ethnic<br />
group but also as transmitters of the<br />
cultural ethnicity. Heterosexuality emerged<br />
as the dominant and only legitimate form<br />
of sexual relationship, which de facto<br />
delegitimized other sexualities for the sake<br />
of the nation—this of course paved the<br />
way for exclusionary laws that made<br />
citizenship particularly difficult for sexual, 37<br />
and arguably, other minority groups.<br />
After the first decade of the<br />
breakup of the SFRY, Jović explains that a<br />
new consensus emerged towards<br />
Europeanization—notions of nationalism<br />
in Croatia were not necessarily being<br />
rejected but on the contrary, they were<br />
being secured by ensuring continuity of the<br />
nation through membership in powerful<br />
institutions such as the NATO and the<br />
EU. 38 It was a means to ensure Croatia’s<br />
survival as an independent state would not<br />
be challenged. 39 Kahlina posits that the<br />
defining or redefining of what it is to be<br />
Croatian or Serbian probably started<br />
around the same time as a result of the<br />
socio-political and symbolic processes of<br />
EU accession. 40 The question of what it is<br />
to be European was therefore posed, and,<br />
as a result, the place for sexual and other<br />
minorities also became part of the<br />
discourse. Ultimately, the question<br />
becomes whether these new aspiring EU<br />
states would become more like the<br />
36 Carol S. Lilly & Jill A. Irvine, “Negotiating<br />
Interests: Women and Nationalism in Serbia and<br />
Croatia, 1990-1997,” Eastern European Politics and<br />
Societies, 16 (2002): 112.<br />
37 Kahlina, “Contested Terrain of Sexual<br />
Citizenship,” 7-8.<br />
38 Dejan Jović, The Western Balkans and the EU: ‘The<br />
Hour of Europe’, ed. Jacques Rupnik (Institute for<br />
Security Studies European Union, 2011), 40-41.<br />
39 Ibid.<br />
40 Kahlina, “Contested Terrain of Sexual<br />
Citizenship,” 9.<br />
8 <strong>Spring</strong> <strong>2015</strong> 8
Western European nations, where<br />
difference and inclusiveness is a matter of<br />
national pride, or if they would follow a<br />
different trajectory.<br />
Croatia applied for EU<br />
membership in 2003, followed by<br />
Montenegro in 2008 and Serbia in 2009,<br />
and last year, in 2013, Croatia’s application<br />
was approved making it the 28 th member of<br />
the Union. 41 Montenegro and Serbia are<br />
still in the negotiation phase. 42 Kahlina<br />
posits that although desire to join the EU<br />
was “largely present” in the former<br />
Yugoslav republics, legal improvements for<br />
sexual minorities were however “portrayed<br />
as part of European values and EU<br />
conditionality . . . [which] in turn<br />
influenced the joining of homophobic,<br />
nationalist, religious, and anti-EU<br />
discourses in the mobilization against the<br />
transformation of sexual citizenship.” 43<br />
Sexual minority rights did not come<br />
as a pre-condition for accession until the<br />
2000s. 44 Kochenov points out that<br />
discrimination against sexual minorities was<br />
not raised as an issue until Council Directive<br />
2000/78/EC, which stated that<br />
“[d]iscrimination based on . . . sexual<br />
orientation may undermine the<br />
achievement of the objectives of the EC<br />
Treaty,” 45 and Kahlina points out that the<br />
issue similarly was not raised until the year<br />
2000 in the Charter of Fundamental Rights of<br />
41 “EU Enlargement: Check Current Status,”<br />
European Commission.<br />
42 Ibid.<br />
43 Kahlina, “Contested Terrain of Sexual<br />
Citizenship,” 9.<br />
44 Ibid.<br />
45 Dimitry Kochenov, “Democracy and Human<br />
Rights - Not for Gay People?: EU Eastern<br />
Enlargement and its Impact on the Protection of<br />
the Rights of Sexual Minorities,” Texan Wesleyan<br />
Law Review 13, 2 (2007): 487,<br />
http://papers.ssrn.com/sol3/papers.cfm?abstract_i<br />
d=1022307.<br />
the European Union. 46 It is noteworthy that in<br />
2000 the following member states, part of<br />
the original 15, still did not have antidiscrimination<br />
laws protecting the<br />
employment rights of sexual minorities :<br />
United Kingdom, Germany, Italy, Belgium,<br />
Greece, Portugal and Austria. 47 They<br />
passed such legislations in 2003. 48<br />
But after Council Directive<br />
2000/78/EC and the Charter of Fundamental<br />
Rights of the European Union in 2000 and the<br />
subsequent legislative harmonization in the<br />
above EU member states, nondiscrimination<br />
on the basis of sexual<br />
orientation became a more pronounced<br />
European value. Therefore, countries that<br />
wanted to become more European or that<br />
had aspirations to join the EU, Kahlina<br />
suggests, probably started viewing<br />
movements toward liberal pluralism more<br />
favorably. 49 This can be argued in the case<br />
of Croatia where, following the dissolution<br />
of SFRY, strong anti-Balkanist sentiment<br />
46 Kahlina, “Contested Terrain of Sexual<br />
Citizenship,” 9. The charter specifies “[a]ny<br />
discrimination based on any ground such as sex,<br />
race, colour, ethnic or social origin, genetic features,<br />
language, religion or belief, political or any other<br />
opinion, membership of a national minority,<br />
property, birth, disability, age or sexual orientation<br />
shall be prohibited.” European Convention,<br />
“Charter of Fundamental Rights of the European<br />
Union,” Official Journal of the European Communities<br />
(2000) (emphasis added),<br />
http://www.europarl.europa.eu/charter/pdf/text_e<br />
n.pdf.<br />
47 Robert Wintemute, “Sexual Orientation and<br />
Gender Identity Discrimination: The Case Law of<br />
the European Court of Human Rights and the<br />
Court of Justice of the European Union,” ILGA-<br />
Europe (2013): 1, http://www.ilgaeurope.org/content/download/19297/124445/vers<br />
ion/4/file/Council+of+Europe+(Comm+for+HR<br />
)+2013-10-21.pdf. Notable exceptions in the list of<br />
the original 15, which passed such antidiscrimination<br />
provisions prior 2000 include France<br />
in 1985, and Denmark and Sweden in 1987. Ibid.<br />
48 Ibid.<br />
49 Kahlina, “Contested Terrain of Sexual<br />
Citizenship,” 11.<br />
9 <strong>Spring</strong> <strong>2015</strong> 9
fueled the country, and because Croatians<br />
saw themselves more as Europeans they<br />
perceived EU accession as their grand<br />
return to Europe. They therefore became<br />
more accommodating to the imported<br />
European non-discrimination values—a<br />
cause which united both right and left wing<br />
politicians of the country. 50 Therefore from<br />
a Croatian perspective, it made sense to<br />
return to Europe given their selfperception,<br />
and they also understood it was<br />
in their security interest to become part of<br />
the EU and NATO.<br />
Kahlina argues that the same was<br />
not necessarily true for Serbia, however,<br />
and that Montenegro found itself<br />
somewhere in the middle of these two<br />
extremes. 51 Montenegrins did not view the<br />
Europe and Balkan notions as mutually<br />
opposing, and like Croatia, Montenegrin<br />
politicians, both left and right, were united<br />
behind the cause of EU accession. 52 These<br />
different perceptions of local attitudes<br />
toward Europe and the Balkans ultimately<br />
had an impact on the feasibility of the<br />
adoption of the imported European values.<br />
Whether the adoption of these<br />
imported European values is genuine and<br />
effective is another story, but what remains<br />
true and enduring is that mechanisms,<br />
structures, policies, and institutions<br />
required in the acceding countries can and<br />
will ultimately have an important impact in<br />
the facilitation and genuine integration of<br />
such values in civil society. Antidiscrimination<br />
laws and institutions that<br />
should monitor their implementation are<br />
now an inevitable part of the obligations<br />
imposed in the EU accession process. 53<br />
The EU, through its delegations and<br />
monitoring instruments in the acceding<br />
countries, can serve as an important<br />
50 Ibid.<br />
51 Ibid., 11-12.<br />
52 Ibid., 12.<br />
53 Ibid.<br />
promoter for the advancement of sexual<br />
minority rights in the respective states.<br />
These delegations paid particularly close<br />
attention to the Gay Pride Marches<br />
because they were seen as an important<br />
and visible “marker of democratization and<br />
human rights promotion,” argues<br />
Kahlina. 54<br />
In State-Sponsored Homophobia and the<br />
Denial of the Right of Assembly in Central and<br />
Eastern Europe: The “Boomerang” and the<br />
“Ricochet” between European Organizations and<br />
Civil Society to Uphold Human Rights,<br />
Holzhacker argues that gay pride marches<br />
are more than just symbolic public displays.<br />
These marches “communicate specific<br />
political and societal demands to elites,<br />
including social acceptance, the need for<br />
equality and antidiscrimination laws, as well<br />
as the recognition of same-sex partnerships<br />
and marriage.” 55 Holzhacker goes so far as<br />
to say that not providing adequate<br />
protection to participants or banning the<br />
gay pride marches altogether is a form of<br />
state-sponsored homophobia. The author<br />
argues that “such state action serves to<br />
legitimize homophobia in the broader<br />
society; cues other actors, such as<br />
employers, to engage in discriminatory<br />
behavior, and emboldens those who use<br />
verbal and violent attacks in the streets<br />
against [LGBT] persons who wish to<br />
exercise their right of assembly to bring<br />
about social and legal change.” 56<br />
Although gay pride marches may<br />
attract greater opposition, they are one of<br />
the few visual indicators available to the<br />
EU delegations and human rights watchers.<br />
54 Ibid., 15-16.<br />
55 Ronald Holzhacker, “State-Sponsored<br />
Homophobia and the Denial of the Right of<br />
Assembly in Central and Eastern Europe: The<br />
“Boomerang” and the “Ricochet” between<br />
European Organizations and Civil Society to<br />
Uphold Human Rights,” Law & Policy 1, 3 (2012):<br />
35.<br />
56 Ibid., 2.<br />
10 <strong>Spring</strong> <strong>2015</strong> 10
Also, these marches are not just symbolic<br />
because they are also the very embodiment<br />
of the human right of assembly, codified in<br />
articles 10 and 11 of the Declaration of<br />
Rights of Man and Citizen (1789), the First<br />
Amendment to the U.S. Constitution, and<br />
in various regional European human rights<br />
treaties, notably article 11 of the European<br />
Convention on Human Rights (ECHR)<br />
and article 12 of the Charter of<br />
Fundamental Rights of the European<br />
Union. 57 Gay Pride embodies the political<br />
right of assembly. If the right of assembly<br />
cannot be protected, it is improbable that<br />
other rights such as protection from<br />
discrimination or even marriage equality<br />
could ever be achieved. For this reason, it<br />
is an important symbol that can be used by<br />
delegations to measure the extent of<br />
protection afforded to sexual minorities.<br />
The first Pride March in Belgrade<br />
took place in 2001, but was cut short<br />
because of the eruption of violent<br />
protests. 58 Instead of arranging for greater<br />
police protection, the second Pride March<br />
organized eight years later in 2009 was<br />
cancelled by city authorities out of fear that<br />
the march would erupt into widespread<br />
violence. 59 A year later, in 2010, the<br />
Belgrade Pride under the watchful eye of<br />
the head of the EU mission in Serbia,<br />
Vincent Degert, who said it was a moment<br />
to “celebrate the values of tolerance,<br />
freedom of expression and assembly," was<br />
again met with violent protests culminating<br />
in more than 100 people being injured,<br />
mostly police, and around another 100<br />
people being arrested. 60 The Pride March<br />
57 Ibid., 3.<br />
58 Mark Lowen, “Gay March Plan Tests Serb<br />
Feelings,” BBC News, last modified September 19,<br />
2009,<br />
http://news.bbc.co.uk/2/hi/europe/8263116.stm.<br />
59 Ibid.<br />
60 Mark Lowen, “Scores Arrested in Belgrade after<br />
Anti-gay Riot,” BBC News, last modified October<br />
was again cancelled in 2011, 2012, and<br />
2013 by the government citing fears of<br />
violent protests, which raised concerns at<br />
the European Commission when<br />
considering Serbian membership to the<br />
EU. 61<br />
Serbian resistance to inclusion of<br />
sexual minorities have come under various<br />
pretexts. Kahlina brings forth the issue of<br />
White Plague in Serbia, which is a term used<br />
to describe the decreasing birthrates and<br />
resulting insufficient reproduction of<br />
ethnically pure Serb-citizens. 62 The White<br />
Plague is closely linked to the concept of<br />
lineage and became a dominant theme<br />
following the breakup of SFRY in the<br />
1990s. 63 Per this framework, “nonreproductive<br />
practices and nonheterosexual<br />
identities were perceived as a<br />
direct threat to the nation . . . [and were to]<br />
be excluded from belonging to the national<br />
community.” 64 Kahlina points out how<br />
some activists organized anti-Pride protests<br />
called Family Pride under the White Plague<br />
theme, which framed the future existence<br />
of the pure Serbian nation as being<br />
compromised by an aggressive movement<br />
of the LGBT community. 65<br />
Pride Marches in the other<br />
acceding countries did not go without<br />
disruption either, but they were less violent<br />
than Belgrade’s. Zagreb held its first Pride<br />
10, 2010, http://www.bbc.co.uk/news/worldeurope-11507253.<br />
61 Julia Druelle, “La Serbie Interdit la Gay Pride<br />
pour la Troisième Année Consécutive” [Serbia Bans<br />
Gay Pride for the Third Consecutive Year], Le<br />
Monde, last modified September 28, 2013,<br />
http://www.lemonde.fr/europe/article/2013/09/2<br />
8/la-serbie-interdit-la-gay-pride-pour-la-troisiemeannee-consecutive_3486625_3214.html.<br />
62 Kahlina, “Contested Terrain of Sexual<br />
Citizenship,” 21.<br />
63 Ibid.<br />
64 Ibid.<br />
65 Ibid.<br />
11 <strong>Spring</strong> <strong>2015</strong> 11
in 2002, 66 and Montenegro did not have its<br />
first march until 2013. 67 Right of assembly<br />
is a core European value and human right,<br />
and Serbia’s consecutive cancellations of<br />
the Gay Pride marches have raised serious<br />
concerns at the EU. The Swedish Minister<br />
for European Affairs, Birgitta Ohlsson,<br />
stated in 2012 that the recent Gay Pride<br />
bans has damaged Serbia’s membership<br />
bid, and she also stressed that membership<br />
in the union comes with “commitment to<br />
human rights, commitment to minority<br />
rights, commitment to freedom of speech,<br />
commitment to freedom of assembly.<br />
These are the core values of the union.<br />
LGBT-rights are human rights.” 68<br />
Similarly, commenting on the<br />
violence at the first Split Pride in Croatia in<br />
2011, the Dutch EU MP Marije<br />
Cornelissen, who participated in the<br />
parade, explained that the violence in Split<br />
showed that “Croatia still ha[d] a lot to do<br />
to properly protect human rights” and to<br />
firmly combat homophobia. 69 Stella<br />
Ronner Grubačić, Ambassador of the<br />
Kingdom of the Netherlands in Croatia,<br />
went even further and stated that the EU<br />
should more closely monitor Croatia in<br />
66 “Croatian Gays Join First 'Pride' March,” BBC<br />
News, last modified June 29, 2002,<br />
http://news.bbc.co.uk/2/hi/europe/2074653.stm.<br />
67 “Monténégro: Incidents en Marge de la Première<br />
Gay Pride” [Montenegro: Incidents at the First Gay<br />
Pride], Le Parisien, last modified October 20, 2013,<br />
http://www.leparisien.fr/flash-actualitemonde/montenegro-incidents-en-marge-de-lapremiere-gay-pride-20-10-2013-3243477.php.<br />
68 “Cancelled Pride Festival Damages Serbia’s EU<br />
Membership Bid,” Alliance of Liberals and Democrats<br />
for Europe Party, last modified October 8, 2012,<br />
http://www.aldeparty.eu/en/news/cancelled-pridefestival-damages-serbias-eu-membership-bid.<br />
69 “Unsafe Pride Event in Croatia Casts Shadow<br />
over Accession Prospects,” The European Parliament's<br />
Intergroup on LGBT Rights, last modified June 13,<br />
2011, http://www.lgbt-ep.eu/press-releases/unsafepride-event-in-croatia-casts-shadow-over-accessionprospects.<br />
relation to the accession process following<br />
the violent protests at the 2011 march. 70 It<br />
is likely that these marches were serving as<br />
important social indicators to EU officials<br />
in evaluating whether the acceding<br />
countries were indeed endorsing and<br />
practicing European values of inclusion<br />
and respect for minority rights.<br />
ANALYSIS<br />
Kahlina’s paper maintains a<br />
conservative approach in giving the EU<br />
accession process credit for advancing<br />
sexual citizenship in the former Yugoslav<br />
republics. In contrast, this paper will<br />
examine the significance of EU-inspired<br />
legislative reform. Regardless of whether<br />
endogenously or exogenously promulgated,<br />
such reforms are arguably always<br />
accompanied with local strife, and in the<br />
end, either path, local or supranational, can<br />
ultimately lead to significant advances in<br />
sexual minority rights. The important point<br />
to analyze here is : (1) whether setting the<br />
law in a hierarchical manner in a<br />
supranational context can be effective in<br />
transforming sexual citizenship and<br />
assuring equal rights, or (2) whether the<br />
advancement of sexual minorities come<br />
from the groundswell support of the<br />
individual peoples constituting a nation.<br />
Kahlina suggests a cautious<br />
approach in examining the effectiveness of<br />
a supranational approach in advancing<br />
sexual minority rights, but it can be argued<br />
that both approaches, supranational and<br />
local, acting individually or in concert with<br />
each other, can lead to significant gains in<br />
the cause of sexual citizenship. However,<br />
70 “Gay Pride u Zagrebu: Nova Kušnja Tolerancije<br />
u Hrvatskoj” [Gay Pride in Zagreb: New Test of<br />
Tolerance in Croatia], Deutsche Welle, last modified<br />
June 18, 2011, http://www.dw.de/gay-pride-u-<br />
zagrebu-nova-kušnja-tolerancije-u-hrvatskoj/a-<br />
15170887.<br />
12 <strong>Spring</strong> <strong>2015</strong> 12
to become most transformative, these<br />
battles should probably be fought both at<br />
the supranational law level and at the local<br />
level by civil society organizations. Often<br />
times, it is via the engagement of the local<br />
NGOs using supranational law to pressure<br />
their governments that advancement in<br />
sexual citizenship can be most effectively<br />
attained. 71 However, this analysis finds that,<br />
even alone, EU-inspired legislative reform<br />
can become an effective instrument to<br />
ensure equal citizenship rights.<br />
It is also quite possible that the EU<br />
process is not the actual cause of the<br />
mobilization of religious and nationalist<br />
groups against local gay communities, but<br />
the very nature of the legal reforms<br />
themselves. Whether via the<br />
instrumentation of the EU or that of any<br />
other institution at the local, national,<br />
regional, supranational or even<br />
international level, the advancement for<br />
equal rights has almost always been<br />
accompanied by violent protests of the<br />
powerful ruling majorities, regardless of the<br />
impetus for reform.<br />
Considering France, a progressive<br />
country in Western Europe and founding<br />
member of the EU, for example, it<br />
legalized same sex marriage just in May<br />
2013 – this legislative act came into<br />
existence only after months of severe and<br />
violent protests by the hundreds of<br />
thousands in the streets of Paris. 72 The<br />
71 Kahlina, “Contested Terrain of Sexual<br />
Citizenship,” 13-14. Montenegro, for example, has<br />
been slow in implementing legal protections for the<br />
LGBT community, and one of the reasons could be<br />
although in the midst of pre-existing supranational<br />
law, there was low pressure from local activists,<br />
who became more organized and visible only<br />
recently.<br />
72 Steven Erlanger, “Hollande Signs French Gay<br />
Marriage Law,” New York Times, last modified May<br />
8, 2013,<br />
http://www.nytimes.com/2013/05/19/world/euro<br />
pe/hollande-signs-french-gay-marriagemain<br />
right wing party of former President<br />
Nicolas Sarkozy, the Union pour un<br />
Mouvement Populaire [Union for a<br />
Popular Movement] was opposed to the<br />
same-sex marriage law. 73 The radical right<br />
wing parties, the Front National 74 and the<br />
Parti Chrétien-Démocrate [Christian<br />
Democrat] were also against it. 75 In<br />
addition, almost all religious groups in<br />
France united against the proposed law. 76<br />
On November 17, 2012, there were 70,000<br />
activists, according to police, and 200,000,<br />
as reported by protest organizers, in Paris<br />
rallying against same sex marriage – the<br />
same month that the draft bill was<br />
submitted in Parliament. 77 On January 13,<br />
2013, there were 340,000, according to the<br />
police, and 1 million, per organizers,<br />
law.html?_r=1&.<br />
73 Laura Smith-Spark, “French Lawmakers Approve<br />
Same-Sex Marriage Bill,” CNN.com, last modified<br />
April 24, 2013,<br />
http://edition.cnn.com/2013/04/23/world/europe<br />
/france-same-sex-vote.<br />
74 “Contre le “Mariage Pour Tous”, Marine Le Pen<br />
en Appelle au Principe de Précaution” [Marine Le<br />
Pen Against Marriage for Everyone], 20 Minutes, last<br />
modified January 27, 2013,<br />
http://www.20minutes.fr/ledirect/1088305/contre<br />
-mariage-tous-marine-pen-appelle-principeprecaution.<br />
75 Alexandre Lemarié, “Christine Boutin: “Il y a des<br />
Lois Supérieures à la Loi de la République””<br />
[Christine Boutin: There are Superior Laws than the<br />
Laws of the Republic], Le Monde, last modified May<br />
20, 2013,<br />
http://www.lemonde.fr/politique/article/2013/05<br />
/20/christine-boutin-il-y-a-des-lois-superieures-a-laloi-de-la-republique_3378882_823448.html.<br />
76 Bernadette Sauvaget, “Les Cathos sur la Voie du<br />
Veto” [Catholics on the Path to Veto], Libération,<br />
last modified May 10, 2012,<br />
http://www.liberation.fr/societe/2012/05/10/lescathos-sur-la-voie-du-veto_817881.<br />
77 “Mariage Gay: Entre 70,000 et 200,000<br />
Opposants ont défilé à Paris” [Gay Marriage:<br />
Between 70,000 to 200,000 Opponents Marched in<br />
Paris], Le Parisien, last modified November 17, 2012,<br />
http://www.leparisien.fr/societe/mariage-gay-les-<br />
opposants-se-rassemblent-a-paris-et-en-province-<br />
17-11-2012-2329543.php.<br />
13 <strong>Spring</strong> <strong>2015</strong> 13
assembled in Paris against same sex<br />
marriage. 78<br />
In addition to protests on the<br />
streets, homophobic violence also tripled<br />
during the time the law was under<br />
consideration. 79 In 2013, in less than a sixmonth<br />
period, the number of homophobic<br />
violence reported to the nonprofit SOS<br />
Homophobie had already equaled the 2012<br />
record, which was in itself already 27<br />
percent higher than the previous year. 80 In<br />
April 2013, a month before the enactment<br />
of same-sex marriage in France, SOS<br />
Homophobie confirmed in a communiqué<br />
that it was a receiving about 10 reports of<br />
homophobic violence a day, which was<br />
three times the level of the year before. 81 A<br />
different organization, Refuge, which hosts<br />
young gays and lesbians between 15 and 25<br />
years old rejected by their families, also saw<br />
a tripling in the number of phone calls they<br />
were receiving. 82 Refuge confirmed that<br />
since December of 2012 when the debate<br />
on same-sex marriage had just started in<br />
Parliament, the number of phone calls<br />
reached around 400 to 450 a month in<br />
78 “Opposition au Mariage Gay: Le Récit de la<br />
Journée de Manifestation” [Opposition to Gay<br />
Marriage: A Day of Protest], Le Parisien, last<br />
modified January 13, 2013,<br />
http://www.leparisien.fr/societe/en-direct-lesopposants-au-mariage-gay-defilent-deja-en-outremer-13-01-2013-2476941.php.<br />
79 “Homophobie: Un Nouveau “Record””<br />
[Homophobia: A New “Record”], Marianne, last<br />
modified September 4, 2013,<br />
http://www.marianne.net/Homophobie-unnouveau-record_a231754.html.<br />
80 Ibid.<br />
81 Michaël Szadkowski & François Béguin, “Des<br />
Associations Dénoncent la "Radicalisation" des<br />
Actes Homophobes” [LGBT Organizations<br />
Denounce Rise in Radical Homophobic Acts], Le<br />
Monde, last modified April 9, 2013,<br />
http://www.lemonde.fr/societe/article/2013/04/0<br />
8/des-associations-denoncent-une-radicalisationdes-actes-homophobes_3156119_3224.html#.<br />
82 Ibid.<br />
comparison to just around 150 calls a<br />
month before the debate. 83<br />
Nicolas Noguier, president and<br />
founder of Refuge, explained that he does<br />
not think that there is as a radical increase<br />
in homophobic violence in France as much<br />
as there is a revelation of the existing hidden<br />
homophobia. 84 Noguier argued that the<br />
marriage debate in fact only highlighted or<br />
provoked a public expression of existing<br />
homophobia. He emphasized that the<br />
debate around marriage equality had<br />
ultimately allowed for the “liberation of<br />
this homophobic expression” which had to<br />
be put out in the open anyway. 85 For<br />
Noguier, the new marriage equality law was<br />
“necessary,” but it was accompanied by<br />
“important collateral damage” as well. 86<br />
The sociocultural and geopolitical<br />
dynamics in France and the former<br />
Yugoslav republics are worlds apart, and<br />
yet in both cases advances in sexual<br />
minority rights have yielded similar<br />
aggressive protests and opposition. If equal<br />
citizenship rights were truly a Western<br />
European concept, how are such rights<br />
also vehemently opposed when it came<br />
down to the legalization of same-sex<br />
marriage in France in 2013? Could it be<br />
that public debates on equal citizenship<br />
and the visibility of gay pride marches are<br />
not the cause but the revelation of existing<br />
homophobia, as explained above by<br />
Noguier? In colloquial language, are public<br />
debates around same-sex marriage in<br />
France or Gay Prides in the former<br />
Yugoslav republics bringing homophobia<br />
out of the closet but not necessarily causing<br />
it?<br />
Regardless of whether these<br />
debates are the cause or the revelation of<br />
homophobia, stating the law of the land or<br />
83 Ibid.<br />
84 Ibid.<br />
85 Ibid.<br />
86 Ibid.<br />
14 <strong>Spring</strong> <strong>2015</strong> 14
egion in favor of equal rights can<br />
ultimately lead to significant gains for<br />
minority communities, even if such legal<br />
changes also spur violent opposition. The<br />
net effect seems positive in the end. Taking<br />
the United States for example, after the<br />
landmark U.S. Supreme Court case, Brown<br />
v. Board of Education, which held that racially<br />
segregated educational facilities were<br />
inherently unequal, in spite of the massive<br />
and violent resistance organized across the<br />
Southern states, the ultimate impact of<br />
Brown was groundbreaking for the civil<br />
rights movement and for the integration of<br />
African Americans in civil society. In June<br />
2013, the Supreme Court in United States v.<br />
Windsor held that the federal government<br />
could not discriminate against same-sex<br />
couples and that the Defense of Marriage<br />
Act was unconstitutional. 87 The Windsor<br />
decision led to a number of cases in lower<br />
courts around the country on the issue of<br />
same-sex marriage prohibitions. The<br />
important point to note here is the<br />
implications of an overarching law, which<br />
states or smaller jurisdictions have to<br />
subsequently follow. Whether it is U.S.<br />
federal law determined by the Supreme<br />
Court or EU supranational law, stating<br />
87 Alison M. Smith, “Same-Sex Marriage: A Legal<br />
Background after United States v. Windsor,”<br />
Congressional Research Service, (2014): 1,<br />
https://fas.org/sgp/crs/misc/R43481.pdf. As of<br />
October 2014, there were already 18 states:<br />
California, Connecticut, Colorado, Delaware,<br />
Hawaii, Illinois, Iowa, Maine, Maryland,<br />
Massachusetts, Minnesota, New Hampshire, New<br />
Jersey, New Mexico, New York, Rhode Island,<br />
Vermont, Washington, and the District of<br />
Columbia that allow for same-sex marriage.<br />
Following Windsor, federal district courts in Utah,<br />
Oklahoma, Virginia, Michigan, and Texas have<br />
struck down same sex marriage bans in those states.<br />
Id. at 5. In Kentucky and Ohio, federal district<br />
courts held that they are to recognize same-sex<br />
marriages validly entered in other jurisdictions. Id. at<br />
7. All these rulings have been stayed pending<br />
appeal. Id.<br />
equal status of minorities in the eyes of the<br />
law goes a long way not only in advancing<br />
their legal status but also leads to a greater<br />
fulfillment of the promise of citizenship.<br />
This is illustrated by the gradual integration<br />
of African Americans in “white-only”<br />
public schools or the grant of marriage<br />
rights to gays and lesbians, at least at the<br />
Federal level for the time being.<br />
EU accession is an attractive<br />
economic and national security goal, and<br />
tying membership conditions with equal<br />
rights and non-discrimination against<br />
sexual minorities ultimately promises more<br />
good than harm. Opposition against full<br />
citizenship rights for sexual minorities<br />
happens in other places where EU<br />
accession is not a factor at all, from<br />
Uganda to progressive France. Reforming<br />
the law and establishing institutions to<br />
monitor implementation of these laws as a<br />
condition of membership can be an<br />
effective instrument to ensure full<br />
citizenship rights for sexual minorities.<br />
Today, all three states: Croatia, Serbia and<br />
Montenegro have anti-discrimination acts<br />
that explicitly condemn discrimination<br />
against sexual minorities, and they have<br />
also set up instruments to report and<br />
monitor any such discrimination. 88<br />
88 Kahlina, “Contested Terrain of Sexual<br />
Citizenship,” 12-14. The following offices have<br />
been set up: in Croatia, there is an Ombudsperson<br />
for Gender Equality; in Serbia, a Commissioner for<br />
the Protection of Equality, and there is an office for<br />
the Protector of Human Rights and Freedoms of<br />
Montenegro. Other legal changes also took effect in<br />
the former Yugoslav republics – a Same-Sex<br />
Partnership Act was passed in Croatia although it<br />
provided only a few limited rights to same-sex<br />
couples instead full marriage rights. Before the<br />
Zakon o suzbijanju diskriminacije [Anti- discrimination<br />
Act] in 2008, which explicitly banned discrimination<br />
on the basis of sexual orientation, gender identity<br />
and gender expression, the Croatian Parliament had<br />
already incorporated anti-discrimination stipulations<br />
in a number of acts covering social, economic and<br />
political life, namely: the Zakon o radu [Labor Act],<br />
15 <strong>Spring</strong> <strong>2015</strong> 15
These legal changes were often<br />
presented by local politicians as<br />
exogenously imposed requirements on<br />
states applying for membership to the<br />
EU. 89 However, regardless of the EUscapegoating,<br />
the fact remains that these<br />
countries are passing laws to protect sexual<br />
minorities on a number of civic, social and<br />
political fronts. Positioning the move<br />
toward equal citizenship for gays and<br />
lesbians as EU-imposed does not take away<br />
from the very fact that in the end: equality<br />
in the eyes of the law for such minorities is<br />
achieved. Becoming equal in the eyes of<br />
the law is no small feat. If the law of the<br />
land of an EU member country is to hold<br />
any meaning—it follows that justice and<br />
remedies should become eventually<br />
accessible and achievable.<br />
The Ombudsperson for Gender<br />
Equality in Croatia indeed plays an<br />
important role in monitoring the<br />
implementation of the Anti-discrimination<br />
Act. The office is responsible for the<br />
investigation of individual complaints and<br />
to provide assistance to petitioners about<br />
discrimination based on sex, marital or<br />
the Zakon o medijima [Media Law], the Zakon o sportu<br />
[Sport Act], and the Zakon o znanosti i visokom<br />
obrazovanju [Science and Higher Education Act]<br />
among others. Similarly in Serbia, before passing<br />
the Zakon o zabrani diskriminacije [Anti-discrimination<br />
Act] in 2009, explicitly forbidding discrimination on<br />
the basis of gender identity and sexual orientation,<br />
the country also enacted stipulations banning<br />
discrimination against sexual minorities in a number<br />
of laws, namely: the Zakon o javnom informisanju<br />
[Public Informing Act], the Zakon o radu [Labor<br />
Act], the Zakon o visokom obrazovanju [Higher<br />
Education Act], and the Zakon of Radiodifuziji<br />
[Broadcasting Act]. The Montenegrin government<br />
on the other hand passed the Zakon o zabrani<br />
diskriminacije [Anti-discrimination Act] in 2010,<br />
which included sexual orientation and gender<br />
identity as protected classes, and they also passed<br />
the Zakon o radu [Labor Act] and the Zakon o<br />
medijima [Media Law], also geared toward increasing<br />
protection for sexual minorities.<br />
89 Ibid.<br />
family status and sexual orientation. 90 In its<br />
2012 Annual Report, the office reported a<br />
slight increase in complaints based on<br />
sexual orientation. 91 The slight yearly<br />
increases could suggest growing visibility<br />
and reliability of the institution as an<br />
effective instrument to channel<br />
discrimination complaints. 92<br />
The Commissioner for Protection<br />
of Equality in Serbia explained in its 2012<br />
Abridged Report that discrimination based<br />
on sexual orientation is still widespread in<br />
the country. 93 In 2012, there were only<br />
eight discrimination complaints on the<br />
90 Ombudsperson for Gender Equality, “Annual<br />
Report 2012,” Republic of Croatia (2013): 8,<br />
http://www.prs.hr/attachments/article/858/IZVJ<br />
ESCE%202012%20-%20ENG2-KB.pdf.<br />
91 Ibid., 10. There were 39 cases (10.6 %) in 2012<br />
compared to 16 cases (8.5%) in 2011, 12 cases<br />
(5.8%) in 2010, and 9 cases (4.4%) in 2009<br />
92 Ombudswoman for Gender Equality, “Annual<br />
Report for 2011,” Republic of Croatia (2012): 10,<br />
http://www.prs.hr/attachments/article/107/Summ<br />
ary%20of%20Annual%20Report%20for%202011%<br />
20web.pdf. In its 2011 Annual Report, the office<br />
mentioned that there was 22 criminal charges for<br />
hate crimes against LGBT people and 103<br />
misdemeanor charges against 62 people after the<br />
Split Pride in June 2011. Ibid. And using her<br />
authority under Anti-Discrimination Law, the<br />
Ombudswoman also intervened in four judicial<br />
proceedings in 2011 concerning discrimination<br />
claims based on sexual orientation: one case before<br />
the Municipal Court, one before the Administrative<br />
Court, and two before the Supreme Court. Ibid. In<br />
its 2011 report, the Ombudsperson for Gender<br />
Equality also made recommendations in a number<br />
of areas from education curriculum in public<br />
schools to the training of judges, prosecutors and<br />
law enforcement officials concerning discrimination<br />
issues against LGBT persons, and finally the report<br />
also asked for the development of a new legal<br />
framework that would appropriately protect LGBT<br />
persons in accordance with obligations vis-à-vis the<br />
EU and the Council of Europe. Ibid., 24.<br />
93 Commissioner for the Protection of Equality,<br />
“Abridged Report for 2012,” Republic of<br />
Serbia (2013): 43,<br />
http://www.ravnopravnost.gov.rs/jdownloads/files<br />
/engleski-web.pdf.<br />
16 <strong>Spring</strong> <strong>2015</strong> 16
asis of sexual orientation, accounting for<br />
only 2 percent of all claims. 94 Of the eight<br />
complaints, discrimination was found only<br />
in one case. 95 The report pointed out that<br />
such a small number suggests that cases<br />
were not being sufficiently reported. 96 The<br />
Protector of Human Rights and Freedoms<br />
of Montenegro handled 64 cases in 2012,<br />
and only three were discrimination claims<br />
based on sexual orientation and gender<br />
identity. 97 Although the 2012 Annual<br />
Report says that progress has been made in<br />
regards to the rights of LGBT persons, 98<br />
still per the same report, as of 2012, only<br />
one person in Montenegro had publicly<br />
declared himself as an LGBT person. 99<br />
However, the report also points out that<br />
adoption of the Strategy of Improvement<br />
of the Quality of Life of LGBT Persons<br />
2013-2018, which ensures freedom of<br />
assembly at public events like the Gay<br />
Pride along with a new law on same-sex<br />
unions would help contribute to the<br />
advancement of sexual minorities in<br />
Montenegro. 100<br />
94 Ibid., 15-16.<br />
95 Ibid., 44.<br />
96 Ibid. The report also expressed its concern over<br />
the consecutive cancellations of the Belgrade Pride<br />
in 2011 and 2012. Ibid., 43. Finally, the report<br />
concluded with recommendations for the education<br />
curriculum in public schools and training of law<br />
enforcement, judges, and prosecutors in regards to<br />
discrimination issues, among others. Ibid., 64-66.<br />
The report noted that the recommendation made in<br />
the previous year in regards to amending the<br />
Criminal Code to provide adequate punishment for<br />
hate crimes, including those based sexual<br />
orientation of the victim, had been implemented.<br />
Ibid., 64.<br />
97 Protector of Human Rights and Freedoms of<br />
Montenegro, “Annual Report 2012,” Government of<br />
Montenegro (2013): 82,<br />
http://www.ombudsman.co.me/docs/izvjestaji/19<br />
112013_Final_Izvjestaj.pdf.<br />
98 Ibid., 106.<br />
99 Ibid.<br />
100 Ibid.<br />
A brief review of the work<br />
implemented by these newly installed<br />
organizations shows that although they<br />
have only achieved modest success, these<br />
Western Balkan states are moving in the<br />
right direction with increasing political<br />
support. In fact, local politicians have been<br />
able to use EU conditionality to externalize<br />
the reasoning behind enacting unpopular<br />
anti-discrimination laws. Therefore, in<br />
many instances, EU conditionality has<br />
enabled local politicians to undertake risky<br />
political maneuvers that would have<br />
otherwise been impossible given the<br />
cultural context. 101<br />
Hence, although change could be<br />
more effective when it comes directly from<br />
a grassroots level, these supranationallyinspired<br />
organizations can and do play an<br />
important role in strengthening local civil<br />
society organizations by ensuring and<br />
advocating for their freedoms of assembly<br />
and speech. In addition, creating a<br />
supranational standard for equal rights is<br />
no de minimis feat either. The accompanying<br />
changes in the national legal codes will<br />
have a lasting impact and will also provide<br />
additional and alternative recourse at the<br />
supranational judicial bodies. In the end,<br />
having supranational anti-discrimination<br />
laws is of great significance.<br />
Yet some of these new laws don’t<br />
go as far as they should—like the Same-Sex<br />
Partnership Act in Croatia, which provides<br />
only three stipulations: “the right to<br />
common property, the right to be sustained<br />
by the partner, and prohibition of<br />
discrimination on the grounds of same-sex<br />
relationship and homosexual<br />
orientation.” 102 Nevertheless, it is<br />
uncontestably a move in the right direction<br />
in comparison to the previous legal regime<br />
that was in place.<br />
101 Kahlina, “Contested Terrain of Sexual<br />
Citizenship,” 20.<br />
102 Ibid., 12.<br />
17 <strong>Spring</strong> <strong>2015</strong> 17
Finally, in the post-Yugoslav space,<br />
could EU conditionality be the actual<br />
culprit for the increased violence against<br />
sexual minorities? Not necessarily so—<br />
because such violent acts did peak up even<br />
in the absence of EU conditionality as a<br />
factor in other spaces, like same-sex<br />
marriage legislation in France. The<br />
common denominator in these cases seems<br />
to be increased visibility and public debates<br />
around issues of equal citizenship, and it is<br />
this common denominator that radicalizes<br />
and galvanizes the anti-gay movements,<br />
and that is regardless of the source of these<br />
debates—whether local, national or<br />
supranational. Same-sex marriage in France<br />
and EU conditionality requiring protection<br />
of sexual minorities in the former Yugoslav<br />
republics both essentially led to massive<br />
demonstrations, protests and violence<br />
against LGBT communities. Arguably, it is<br />
not the origin or the source of these<br />
debates that causes such unrest and<br />
detrimental effects on gay communities,<br />
but rather it is the very nature of these<br />
debates. Equal citizenship rights whether at<br />
the behest of national or supranational laws<br />
both tend to radicalize the opponents of<br />
such causes.<br />
CONCLUSION<br />
The eternal debate in human rights<br />
scholarship is often fixated on the issue of<br />
cultural relativism. Inevitably, cultural<br />
perceptions of human dignity often varies<br />
from society to society, but the main<br />
question raised in this paper is that – can<br />
the law serve as an effective instrument to<br />
set a universal standard on some basic<br />
rights afforded to Mankind? More<br />
specifically, this paper looks to the<br />
European Union and posits whether the<br />
law of the supranational union can serve as<br />
a positive force in effecting change or is it a<br />
detriment in the advancement of sexual<br />
minority rights? Kahlina argues that the<br />
EU should not be confounded as an<br />
unambiguous liberator and that sexual<br />
minority groups have suffered<br />
consequences emanating from EUimposed<br />
legal changes. On the other hand,<br />
this paper presented a comparative and<br />
interpretive analysis, which argued that<br />
because similar backlashes occurred in the<br />
French context during the endogenous<br />
legalization process of same-sex marriage<br />
in 2013, causality for anti-gay sentiment is<br />
not necessarily because legal reform is<br />
exogenously promulgated by supranational<br />
bodies but is rather an expression of<br />
heteronormative preference in many<br />
societies.<br />
Strides toward augmenting<br />
citizenship rights for minorities often come<br />
at a cost and are usually part of a slow and<br />
incremental process. The battle for equal<br />
citizenship continues today in the EUacceding<br />
countries and across the world,<br />
from Uganda to the United States.<br />
Whether the movement for equal<br />
citizenship is spurred at a grassroots level<br />
or by an external supranational body does<br />
not necessarily determine the rate of<br />
acceptance of such causes. Despite being<br />
an imperfect tool, EU conditionality can<br />
actually serve as an effective instrument to<br />
broaden the scope of rights of sexual<br />
minorities in the acceding countries. In just<br />
the space of eleven years, the Croatian<br />
capital city of Zagreb has transformed:<br />
while the first Zagreb Pride in 2002 was<br />
mostly remembered for the violent protests<br />
against the marchers, numbering around<br />
200, 103 the 2013 Zagreb Pride had around<br />
15,000 participants, and it went on without<br />
disruption. 104<br />
103 “Croatian Gays Join First 'Pride' March,” BBC<br />
News.<br />
104 “ALDE Party Vice President joins Ljubljana<br />
Pride,” Alliance of Liberals and Democrats for Europe<br />
Party, last modified June 15, 2013,<br />
18 <strong>Spring</strong> <strong>2015</strong> 18
Although Kahlina does not<br />
unequivocally state that EU-inspired<br />
reforms in regards to LGBT rights has<br />
been completely counterproductive, she<br />
nevertheless argues against representing the<br />
EU as an “unambiguously liberating force”<br />
and that EU accession in fact facilitated<br />
turning “sexual citizenship into a contested<br />
terrain where the struggles between the<br />
competing visions of ‘Europeanness,’<br />
national identity, and tradition take<br />
place.” 105 While the second part of this<br />
conclusion could be quite plausible,<br />
especially in regards to the debate on<br />
‘Europeanness,’ national identity, and<br />
tradition being probably partly encouraged<br />
by the LGBT rights movement, however,<br />
the impressively liberating force of the EU<br />
accession process should nevertheless also<br />
be recognized. It is not as ambiguous as<br />
the author professes.<br />
The accession process has firstly<br />
put forward a legal guarantee for sexual<br />
minorities that enables them to utilize their<br />
rights to peaceful assembly and freedom of<br />
speech. Over the first decade of the new<br />
millennium, this legal right has been<br />
translated into tangible changes for sexual<br />
minorities in the acceding countries. By<br />
asking for guarantees of a safe space for<br />
the LGBT community, EU accession has<br />
contributed by giving to this group a<br />
chance to give expression to its rights and<br />
identity. Thus, the EU-inspired legal rights<br />
have created a gateway for both the antigay<br />
and LGBT groups to bring this cultural<br />
conflict into the sphere of public debate.<br />
Now Zagreb, Belgrade, Podgorica and<br />
others can speak, both for and against,<br />
openly about these issues just like they do<br />
in Paris. Before the EU-inspired reforms,<br />
these debates were largely taboo, which is<br />
http://www.aldeparty.eu/en/news/alde-party-vicepresident-joins-ljubljana-pride.<br />
105 Kahlina, “Contested Terrain of Sexual<br />
Citizenship,” 24.<br />
counterproductive to the LGBT rights<br />
movement. And from this perspective,<br />
even catalyzing protest against new laws is<br />
also a good thing in itself because it’s part<br />
of the public debate on something that was<br />
previously unmentionable.<br />
By allowing this issue to come out<br />
in public, even in the midst of violent<br />
protests, different stakeholders are given<br />
the opportunity to debate the merits and<br />
prioritization of the values that define their<br />
societies. What does it mean to be Serbian<br />
and European? Is this about a clash of<br />
values—is equal dignity, respect and rights<br />
of every human being, irrespective of one’s<br />
sexual orientation, exclusively a Western<br />
value or is it a universal human value? Like<br />
the Former Secretary of State Hillary<br />
Rodham Clinton once said: calling gay<br />
rights as such is by no means “creating new<br />
or special rights” for the LGBT people, it<br />
is only a way of “honoring rights that<br />
people always had.” 106 She went on to say<br />
that “[l]ike being a woman, like being a<br />
racial, religious, tribal, or ethnic minority,<br />
being LGBT does not make you less<br />
human. And that is why gay rights are<br />
human rights, and human rights are gay<br />
rights.” 107<br />
EU accession enables these<br />
societies to bring this kind of debate out in<br />
the open because in existing legal and<br />
social relations, inequality had already been<br />
institutionalized and unexamined. The law<br />
plays a unique role here as it makes an<br />
explicit and public promise that the<br />
legitimate authorities will act within<br />
particular boundaries 108 and allow this<br />
106 Hillary Rodham Clinton, Secretary of State,<br />
“Remarks in Recognition of International Human<br />
Rights Day,” U.S. Department of State, last modified<br />
December 6, 2011,<br />
http://www.state.gov/secretary/20092013clinton/r<br />
m/2011/12/178368.htm.<br />
107 Ibid.<br />
108 Holzhacker, “State-Sponsored Homophobia,” 5.<br />
19 <strong>Spring</strong> <strong>2015</strong> 19
debate to take place. As such, stakeholders<br />
in the EU-acceding states are given the<br />
opportunity to negotiate whether these<br />
legal reforms are consistent with their<br />
national values. Law reflects community<br />
morality, and the importance of change in<br />
law cannot be underestimated because it’s<br />
also a testament of the changing values in<br />
society, which here is concluded via a<br />
negotiation process that is guaranteed in<br />
the EU space. Hence, in that sense, EU<br />
accession has in fact been an awesome<br />
liberator by allowing sexual minority<br />
groups to bring this debate out in the open.<br />
If a country wants to be member of<br />
an institution, it has to follow certain rules.<br />
And thus imposing non-discrimination<br />
provisions as a condition of entry into<br />
exclusive economic partnerships, like the<br />
EU, can be an effective way to ensure<br />
equal citizenship across the membership.<br />
This is more effective than non-binding<br />
resolutions, conventions and charters on<br />
human rights because of the legal<br />
enforcement and remedies available within<br />
the EU-acceding states and at the<br />
supranational judicial level.<br />
Although not currently on the<br />
agenda, the question could ultimately be<br />
posed as to whether the international<br />
landscape would look any different if we<br />
impose human rights provisions as a<br />
condition of membership into vital<br />
economic organizations like the WTO,<br />
IMF or World Bank? Although such<br />
organizations pursue a wholly different<br />
aim, could requiring strict adherence to<br />
human rights provisions from members,<br />
with sanctioning mechanisms in place,<br />
actually change the world for the better? In<br />
fact, the World Bank is currently reviewing<br />
its “lending policies to make sure that no<br />
loan assists discrimination” and has<br />
currently put on hold a $90m loan to<br />
Uganda after the country enacted one of<br />
the most severe and cruel anti-gay laws. 109<br />
While many argue that the poor are the<br />
ones who ultimately suffer from such cuts<br />
and not the politicians, a more appropriate<br />
strategy is not to cut all aid but rather to<br />
redirect the funds to international aid<br />
agencies and local NGOs like Britain<br />
currently does. 110<br />
Attaching economic sanctions to<br />
human rights violations can send a very<br />
strong signal to the world community.<br />
Redirecting funds to local NGOs and<br />
international aid agencies can paralyze, or<br />
at the very least take some power away<br />
from, local governments that are engaging<br />
in the persecution of minority groups.<br />
Imposing non-discrimination requirements<br />
at a supranational level is already having an<br />
impact on the advancement of sexual<br />
citizenship in the EU. The challenge of this<br />
century is for our world leaders to make<br />
the bold linkage between human rights and<br />
membership in supranational economic<br />
organizations. After two world wars, the<br />
Universal Declaration of Human Rights<br />
(UDHR) was adopted– the world<br />
community was united in its resolve that<br />
everyone was entitled to the rights and<br />
freedoms in that declaration, irrespective of<br />
one’s belonging to a minority group.<br />
However, we see that the translation of the<br />
UDHR into actually securing the rights of<br />
minorities in member countries is not<br />
109 “The World Bank: Right Cause, Wrong Battle,”<br />
The Economist, last modified April 12, 2014,<br />
http://www.economist.com/news/leaders/216006<br />
84-why-world-banks-focus-gay-rights-misguidedright-cause-wrong-battle.<br />
110 Alex Whiting, “Western Donors Cut Aid to<br />
Uganda in Response to Anti-Gay Law,” Thomson<br />
Reuters Foundation, last modified February 26,<br />
2014, http://www.trust.org/item/20140226160032-<br />
td4jl/. In addition to the World Bank, the following<br />
countries, Denmark, The Netherlands, Norway,<br />
United States, Austria and Sweden, have also<br />
followed the same strategy by cutting or threatening<br />
to cut direct economic aid to the Ugandan<br />
government because of its anti-gay laws.<br />
20 <strong>Spring</strong> <strong>2015</strong> 20
necessarily effectual. But, the EU as an<br />
economic union, on the other hand, has<br />
succeeded not only in keeping Europe safe<br />
after two world wars, it has also actively<br />
augmented the rights of its citizens. Nondiscrimination<br />
on the basis of sexual<br />
orientation is de jure the current state of<br />
affairs in the EU member countries. It is<br />
this sort of economic union and<br />
interdependence that’s leading to a new<br />
order in world affairs. Rather than<br />
continually adopting human rights nonbinding<br />
resolutions, societies should maybe<br />
move toward an economic, social and legal<br />
belonging strategy, as magnificently<br />
employed by the EU.<br />
SÉHZAD M.<br />
SOOKLALL is a<br />
graduating law<br />
student at Yeshiva<br />
University Benjamin<br />
N. Cardozo School of<br />
Law and a concurrent<br />
Master of Arts in<br />
Politics candidate at<br />
New York University.<br />
Séhzad completed his<br />
first year law school<br />
curriculum at Tulane<br />
University after graduating summa cum laude<br />
from Louisiana State University in Baton Rouge<br />
with a Bachelor of Arts in Mass Communication<br />
and a minor in International Studies.<br />
Additionally, he also holds a Master of Public<br />
Administration from the LSU College of<br />
Business. Séhzad would like to thank the<br />
following people—foremost his parents,<br />
Sahejakoom and Farozia Sooklall; his American<br />
parents, John and Annette Douthat; his uncle,<br />
Kader Parahoo, and his professors and<br />
supervisors: Dr. Carole L. Jurkiewicz, Josephine<br />
Mason Ellis, Morgan Russell, Sheri P. Rosenberg,<br />
Julia Harrington Reddy, Kammae Owens, and<br />
Hafida Lahiouel. Finally, Séhzad would like to<br />
thank these very important people for their<br />
constant love, support, and friendship: Thomas<br />
Kyle Bridges, Kathlyn Van Buskirk, and Barbara<br />
Douthat Chatelain.<br />
21 <strong>Spring</strong> <strong>2015</strong> 21
Does Official<br />
Development Assistance<br />
Contribute to Long-<br />
Term Growth and<br />
Stability in Afghanistan?<br />
David Esmati<br />
Since 2001, the United States and the<br />
international community have pledged<br />
$90 billion towards reconstructing<br />
Afghanistan’s infrastructure, education<br />
system, healthcare,and public institutions.<br />
With more than half of the disbursed aid<br />
spent on military and peacekeeping<br />
operations, the $57 billion in official<br />
development assistance (ODA) already<br />
disbursed represents only a fraction of the $90<br />
billion promised. Although the international<br />
community has explicitly made economic<br />
development a priority, the use of disbursed<br />
aid for security purposes proves otherwise. In<br />
order to analyze the impact of the ODA<br />
pledged so far, this article seeks to address the<br />
question: Does official development assistance<br />
contribute to stable economic and political institutions<br />
that can sustain economic activity and long-term<br />
economic growth in Afghanistan?<br />
Donor countries reassure the<br />
international community that their aid will<br />
positively impact the lives of millions of<br />
Afghans. According to the report released by<br />
the International Crisis Group, “[a]ccess to<br />
education has improved, with 6.2 million<br />
children attending school, 85 percent of all<br />
Afghans now have access to some form of<br />
healthcare, compared to 9 percent in 2002.” 1<br />
1 “Human Rights in Afghanistan,” Aid and Conflict in<br />
Afghanistan 210 (2011), The International Crisis<br />
Group, August 4, 2011, accessed October 13, 2013.<br />
However, the bulk of this aid is spent on<br />
security operations: the United States alone is<br />
spending $36 billion a year on security-related<br />
issues, resulting in $57 received per capita per<br />
Afghan citizen. 2 By relying on NGOs and<br />
foreign contractor companies, the donor<br />
community does not directly disburse ODA<br />
to the central government of Afghanistan, but<br />
rather directs the bulk of the aid to private<br />
contractors. Consequently, the Afghan people<br />
are not the beneficiaries of ODA. Instead,<br />
NGOs and contractors conducting projects<br />
are utilized on behalf of foreign donors. As a<br />
result, the pledged aid does not address the<br />
long-term development of Afghanistan’s<br />
economy. It does not address the lack of<br />
public institutions and the enforcement of the<br />
rule of law. The international community has<br />
failed to “adequately support state institutions<br />
such as parliament and the judiciary, that<br />
could provide a check on the power of the<br />
executive.” 3 ODA provided directly to<br />
domestic public institutions would lead to<br />
better development outcomes in Afghanistan.<br />
Long-term economic growth is a realistic<br />
outcome only when ODA ownership shifts<br />
from that of the recipient to the host country.<br />
The technical assistance provided by the<br />
international community coupled with state<br />
ownership of ODA contributes to an<br />
educated labor force in the long-term.<br />
http://www.crisisgroup.org/en/regions/asia/southasia<br />
/afghanistan/210aid-and-conflict-in-afghanistan.aspx.<br />
2 Matt Waldman, “Falling Short: Aid Effectiveness in<br />
Afghanistan,” Oxfam, March 2008, accessed on<br />
October 13, 2013.<br />
https://www.oxfam.org/sites/www.oxfam.org/files/A<br />
CBAR_aid_effectiveness_paper_0803.pdf.<br />
3 “Human Rights in Afghanistan,” The International<br />
Crisis Group.<br />
22 <strong>Spring</strong> <strong>2015</strong> 22
UNDERSTANDING OFFICIAL<br />
DEVELOPMENT ASSISTANCE<br />
There is a lack of consensus on the<br />
role of official development assistance.<br />
Daron Acemoglu and James Robinson, in<br />
Economic Backwardness in Political Review, stress<br />
that development aid primarily benefits the<br />
political elite, those individuals close to the<br />
governing body. 4 These individuals are ready<br />
to incur any costs to stay in power and<br />
sometimes “may block technological and<br />
institutional development” to do so. 5 This<br />
argument emphasizes the “political<br />
replacement effect,” in which those in power<br />
or close to the governing body want to<br />
maintain the status quo due to the<br />
destabilization of the existing system. 6 The<br />
fear of losing power forces the ruling class to<br />
decide whether they will adopt technologies<br />
and institutional changes that would<br />
undermine their control or not. Similarly, their<br />
model suggests that interest groups or<br />
monopolists seek to protect their interests by<br />
taking advantage of weak government<br />
institutions, and a lack of rule of law<br />
enforcement.<br />
Claudia R. Williamson highlights, in<br />
Exploring the Failure of Foreign Aid: The Role of<br />
Incentives and Information, the purpose of foreign<br />
aid and its implications for both the donor<br />
and the receiving state. She points out that<br />
“despite a large amount of time and resources<br />
devoted to development assistance, two<br />
competing theories have emerged: public<br />
interest versus the public choice perspective.” 7<br />
4 Daron Acemoglu, and James A. Robinson,<br />
“Economic Backwardness in Political Perspective,”<br />
American Political Science Review, February 2006, accessed<br />
on October 13, 2014.<br />
http%3A%2F%2Feconomics.mit.edu%2Ffiles%2F447<br />
1.<br />
5 Ibid.<br />
6 Ibid.<br />
7 Claudia R. Williamson, “Exploring the Failure of<br />
Foreign Aid: The Role of Incentives and Information,”<br />
The Review of Austrian Economics 23, no. 1 (2010),<br />
accessed October 13, 2013.<br />
Public interest theory, “argues that foreign aid<br />
is necessary to fill a financing or investment<br />
gap, and this will in turn lift countries out of a<br />
so-called poverty trap.” 8 The public choice<br />
theory “contends that foreign aid is ineffective<br />
and possibly damaging to recipient<br />
countries.” 9 The public interest theory holds<br />
that those involved with the distribution of<br />
aid seek to advance their narrow institutional<br />
interests. Williamson highlights three forms of<br />
aid channels that result from such special<br />
interest incentives. “Tied aid” is a regimen<br />
that “requires recipients to purchase a certain<br />
percentage of goods from the donor country,<br />
often overcharging recipients from being able<br />
to purchase goods cheaper elsewhere.” 10 For<br />
the U.S., this means about 75% of all aid<br />
spending has to go to back to U.S. companies.<br />
Food aid is another channel that<br />
Williamson highlights as a way for donors to<br />
benefit from the exchange at the expense of<br />
the recipients. The aid is “mainly in-kind<br />
provision of foods that typically could be<br />
purchased much cheaper in recipient local<br />
markets.” 11 As for technical assistance, she<br />
holds that it is often not beneficial for the<br />
host country because “donors usually require<br />
these technicians to be from the donor<br />
country.” 12 Instead of training the local and<br />
national capacity of the developing country,<br />
the recipient of the aid must make do with<br />
consultants who may or may not understand<br />
the political and cultural landscape of the<br />
region. And should the programs fail to meet<br />
their goals, a donor may act “as a budget<br />
maximizing bureaucracy calling for increases<br />
in foreign aid in order to increase its own<br />
budget and thus increase its agency” rather<br />
than adjust the programs. 13<br />
http://dri.fas.nyu.edu/docs/IO/12361/WilliamsonRA<br />
EAid.pdf.<br />
8 Ibid.<br />
9 Ibid.<br />
10 Ibid., 5.<br />
11 Ibid.<br />
12 Ibid.<br />
13 Ibid.<br />
23 <strong>Spring</strong> <strong>2015</strong> 23
Simply redirecting the aid to domestic<br />
institutions may not solve the problem.<br />
Actors within the recipient country, like the<br />
NGOs and special interest groups from the<br />
international arena, may have their own<br />
political agendas. Much of the disbursed aid<br />
goes to corrupt institutions. “Under the guise<br />
of official development assistance,” foreign<br />
aid “is aiding the ability of dictators to remain<br />
in power.” 14 As a result, the Good Samaritan<br />
dilemma emerges, in which the “recipients<br />
believe that future poverty will increase the<br />
likelihood of more foreign aid, aid could<br />
actually worsen incentives to invest” while<br />
“citizens now face an even stronger incentive<br />
to consume and become dependent on the<br />
donors.” 15 Accordingly, foreign aid has little<br />
to no effect on infrastructure and long-term<br />
development efforts. Acemoglu, Robinson,<br />
and Williamson all imply that foreign aid<br />
compromises state’s institutions and the rule<br />
of law. Since the involvement of foreign aid<br />
introduces external actors in the form of<br />
consultants and special interest groups, the<br />
competing interests of multiple actors does<br />
not allow for the state to follow policies that<br />
best address the economic needs of the<br />
people and the state as a whole.<br />
On the other hand, NGOs and<br />
international organizations have indeed<br />
contributed significantly to the development<br />
of Afghanistan. This was made possible in<br />
part by the Paris Declaration on Aid<br />
Effectiveness. It is a practical, action-oriented<br />
roadmap to improve the quality of aid and its<br />
impact on development. It ensures that<br />
recipient countries utilize their own strategies<br />
to better outline their needs, whilst improving<br />
the overall quality of public institutions. With<br />
the help of NGOs and other international<br />
organizations that adhere to the Paris<br />
Declaration principles, developing countries<br />
have been able to better coordinate efforts to<br />
avoid duplicating services. Less developed<br />
14 Ibid., 6.<br />
15 Ibid., 6.<br />
countries such as Afghanistan have been able<br />
to increase their standard of living and<br />
improve national healthcare partly due to such<br />
efforts.<br />
Nonetheless, in his book The End of<br />
Poverty, Jeffrey Sachs explains that the reason<br />
certain countries are rich and others are poor<br />
is because of multitude of barriers preventing<br />
the poor from climbing the economic<br />
ladder. 16 These barriers include: poverty and<br />
fiscal traps, physical geography, weak<br />
institutions and governance failure, cultural<br />
and trade barriers, lack of innovation, and the<br />
demographic trap. All of these factors<br />
demonstrate the intense complexity of<br />
obstacles that threaten to preclude economic<br />
development efforts in the world’s poorest<br />
countries. This further delineates the<br />
importance—but also the limits—of foreign<br />
aid. The proper implementation of<br />
development aid initiatives is of critical<br />
importance when domestic institutions and<br />
NGOs alike seek to navigate the abovereferenced<br />
challenges to socioeconomic<br />
development in poor countries.<br />
THE FRAMEWORK OF AID TO<br />
AFGHANISTAN<br />
With multiple channels of aid opening<br />
up to assist the Afghan Interim Authority in<br />
winter 2001, the international community, at<br />
the January 2002 Conference on the<br />
Reconstruction of Afghanistan in Tokyo,<br />
“pledged more than $4.5 billion in aid for the<br />
next five years, increasing to $9.7 billion for<br />
2001-2003.” 17<br />
16 Jeffrey Sachs, The End of Poverty: Economic Possibilities<br />
for Our Time (New York: Penguin, 2005).<br />
17 “Human Rights in Afghanistan,” The International<br />
Crisis Group.<br />
24 <strong>Spring</strong> <strong>2015</strong> 24
Subsequently, in April 2004 at the<br />
Berlin Conference, “the international<br />
community increased its commitment to $8.2<br />
billion over three years.” 18 At the same time,<br />
U.S. non-military pledges rose from $250<br />
million in FY2003 to $720 million in<br />
FY2004. 19 At the 2006 London Conference in<br />
2006, donor countries pledged a further $10.5<br />
billion, and then $21 billion at the Paris<br />
Conference two years later. 20 Since 2002, the<br />
external assistance flowing into Afghanistan<br />
increased exponentially but without proper<br />
justification of how and where the ODA was<br />
needed and spent. The rise in ODA as a<br />
percentage of Afghanistan’s GDP conveyed<br />
the notion that the Afghan Central<br />
Government had successfully implemented<br />
programs to address the economic challenges.<br />
However, the overall amount of ODA<br />
given to Afghanistan has failed to distinguish<br />
between humanitarian, rehabilitation, and<br />
reconstruction needs. “[A]s a result, by 2006,<br />
roughly one-third of funds were directed<br />
towards humanitarian assistance rather than<br />
reconstruction or development projects that<br />
would have helped rebuild and revive a<br />
18 Ibid.<br />
19 Ibid.<br />
20 Ibid.<br />
devastated infrastructure and economy and<br />
the state’s capacity to deliver basic services.” 21<br />
And since the U.S. led the international<br />
community in providing both military and<br />
humanitarian or economic assistance, most of<br />
the aid was channeled through local proxies.<br />
These proxies included local warlords, special<br />
interest groups, and NGOs with connections<br />
to the inner circle of the Afghan presidential<br />
office. By concentrating power into the hands<br />
of these few, political figures received the aid<br />
and then channeled it to the most politically<br />
rewarding destinations.<br />
Moreover, the establishment of nonmilitary<br />
structures to channel funds<br />
throughout the 34 provinces of Afghanistan<br />
has created a loophole in which contractors<br />
and government officials have been able to<br />
operate without proper oversight from the<br />
international community. Since one of the<br />
primary objectives of international assistance<br />
is to make sure Afghanistan does not unravel<br />
into a series of fiefdoms, the conjoining of<br />
military and humanitarian assistance led to the<br />
creation of the Provincial Reconstruction<br />
Teams (PRT). The PRT program was<br />
established to “assist the Islamic Republic of<br />
Afghanistan to extend its authority in order to<br />
facilitate the development of a stable and<br />
secure environment in the identified area of<br />
operation, and enable Security Sector Reform<br />
and reconstruction efforts.” 22 The funding of<br />
these teams is solely up to its eleven donor<br />
countries. Therefore, the level of coordination<br />
between the Afghan government and its<br />
donors is often weak and heavily influenced<br />
by the political relationships with the donor<br />
country. Coupled with weak oversight, a<br />
majority of the PRT projects have produced<br />
poor results due to subcontracting or the<br />
transfer of large-scale projects to unqualified<br />
individuals. Because of this, the PRTs “have<br />
slowed the emergence and development of<br />
state institutions at local level, which<br />
21 Ibid.<br />
22 Ibid.<br />
25 <strong>Spring</strong> <strong>2015</strong> 25
jeopardizes the broader prospects for medium<br />
to long term state-building.” 23<br />
This also “hinders efforts to increase<br />
Afghan ownership of the development<br />
process,” when ownership of aid plays a key<br />
role in the long-term economic growth of a<br />
state. Stated as the central element of the Paris<br />
Declaration on Aid Effectiveness, “national<br />
ownership is critical to achieving development<br />
results.” 24 Hence, the Afghan government<br />
stresses the ownership of ODA, yet more<br />
than “two-thirds of foreign assistance<br />
bypasses the Afghan government.” 25 One<br />
consequence of this lack of ownership is that<br />
it “limits ability of ministries to recruit and<br />
retain qualified staff as they are attracted by<br />
higher salaries with donors or donor-funded<br />
projects.” 26 With majority of the funds being<br />
channeled through the external budget,<br />
instead of the “core” budget, the Afghan<br />
national government cannot build the human<br />
capacity needed to strengthen and maintain<br />
public institutions.<br />
MISUSE OF AID BY BOTH DONORS<br />
AND RECIPIENTS<br />
At the state level, international<br />
assistance to Afghanistan has yet to produce<br />
sustainable economic results. Lack of<br />
government accountability is still a major<br />
concern for citizens and international NGOs.<br />
According to an Integrity Watch Afghanistan<br />
(IWA) survey, “one in seven adults paid a<br />
bribe in 2010, 28 percent were to obtain a<br />
public service, including health and<br />
education.” 27 At the international level, NGOs<br />
and private contractor workers have taken<br />
advantage of weak regulatory institutions and<br />
a lack of legal enforcement. They have funded<br />
23 Waldman, “Falling Short: Aid Effectiveness in<br />
Afghanistan.”<br />
24 Ibid.<br />
25 Ibid.<br />
26 Ibid.<br />
27 “Human Rights in Afghanistan,” The International<br />
Crisis Group.<br />
many state-building projects that are not<br />
properly assessed or do not meet state<br />
requirements. With the addition of high<br />
oversight budgets, the lack of oversight<br />
resulted in contract workers receiving<br />
disproportionately high salaries. For example,<br />
282 foreign advisors (including 120<br />
contractors) within the Afghan Interior<br />
Ministry are “absorbing a total of $36 million<br />
a year,” and “international staff reportedly<br />
outnumber the Afghans they advise by 45 to<br />
fourteen” in the ministry’s logistics arm. 28<br />
There is a self-perpetuating cycle here.<br />
Donor countries rely heavily on private<br />
contractors and NGOs to implement the<br />
majority of the ODA. In return, these groups<br />
exercise oversight of donor-funded projects<br />
since the Afghan government lacks the<br />
capacity to monitor all development<br />
assistance. Between 2007 and 2009, “USAID<br />
obligated 53 percent of its construction funds<br />
($2 billion of $3.8 billion)” to just two<br />
American contractors: the Louis Berger<br />
Group and Development Alternatives. 29 The<br />
overcharging and misuse of billions of dollars<br />
in administrative fees and personnel<br />
compensation has failed to produce public<br />
benefits and strengthen the rule of law. These<br />
projects, initially given to international<br />
construction firms have been subcontracted<br />
to either Afghan or other private firms in<br />
return for a percentage of the overall budget.<br />
In some large contracts, there were multiple<br />
layers of subcontractors, in each case taking a<br />
10-20% profit.<br />
Contractors and NGOs requiring<br />
substantial administrative fees coupled with<br />
billions of dollars in subcontracting profits are<br />
wasting much of the ODA requisitioned to<br />
complete national projects throughout<br />
Afghanistan. The Kabul Bank fraud, for<br />
example, highlights the “susceptibility of<br />
international assistance and the need for<br />
vigilant oversight in a corrupt and insecure<br />
28 Ibid.<br />
29 Ibid.<br />
26 <strong>Spring</strong> <strong>2015</strong> 26
environment.” 30 Providing both logistical and<br />
technical assistance to USAID, Deloitte<br />
Consulting was the lead organization in<br />
capacity building and supervision at<br />
Afghanistan’s Central Bank. However,<br />
Deloitte “failed to warn authorities” about the<br />
rampant corruption with the Kabul Bank. 31<br />
The reconstruction of the Khair Khana<br />
maternity hospital in Kabul is a striking<br />
example of the misuse of aid. In order to<br />
double the hospital’s capacity, the Italian<br />
government contracted UNFPA with $2.2<br />
million for the work. It was first<br />
subcontracted to the UN Office for Project<br />
Services (UNOPS), then an Italian contractor,<br />
and, finally, a local construction firm. This<br />
arrangement ultimately consumed about half<br />
of the project’s finances, and what was left<br />
was spent on poor quality building materials<br />
that posed a health hazard. 32 A further<br />
example of this sort of problem is the<br />
[continued on page ]<br />
30 Ibid.<br />
31 Ibid.<br />
32 Waldman, “Falling Short: Aid Effectiveness in<br />
Afghanistan.”<br />
27 <strong>Spring</strong> <strong>2015</strong> 27
Total planned and committed government and donor spending per capita, per province in<br />
2007<br />
Data Source: Oxfam. Afghan Ministry of Finance<br />
Completed, ongoing, planned and funded PRT spending per capita, per province<br />
Data Source: Oxfam. ISAF, May 2007<br />
28 <strong>Spring</strong> <strong>2015</strong> 28
construction of a short stretch of the road in<br />
the province of Badakhshan, linking the town<br />
center to the area airstrip. In an unfortunately<br />
familiar pattern, the road “was subcontracted<br />
to a private company by USAID for just<br />
under half a million dollars,” then “again<br />
subcontracted to an Afghan private<br />
construction company for a cost of just<br />
$250,000.” 33<br />
AFGHANISTAN CASE STUDY<br />
The disbursement of aid plays a vital role in<br />
impacting the lives of the Afghan people. In<br />
order to analyze whether official development<br />
assistance contributed to the economic<br />
growth throughout the provinces of<br />
Afghanistan, the study will assess the Afghan<br />
central government’s implementation of<br />
ODA separately from the international donor<br />
community.<br />
The difference in the amount of<br />
spending per capita throughout the provinces,<br />
as illustrated in both of the charts above,<br />
signifies the difference between the Afghan<br />
government and the international<br />
communities’ priorities in the provinces that<br />
need the most assistance. The security<br />
spending does not significantly help because it<br />
is spent in ways that only exacerbate<br />
unaccountability and donor preferences over<br />
local needs and rule of law. The amount of<br />
spending per capita by the PRTs in each of<br />
the 34 provinces, primarily led by<br />
international donors and private contractors,<br />
takes into account military and administrative<br />
costs for the total amount of spending.<br />
The regional disparity in ODA shows<br />
that the international community is looking to<br />
fund provinces that are the least militarily<br />
secure in the short term. The main focus of<br />
the PRTs and international assistance is in the<br />
south and southeast regions of Afghanistan,<br />
33 Ibid.<br />
areas where the Taliban’s insurgency is<br />
strongest. Provinces with the smallest<br />
populations, such as Badghis and Uruzgan,<br />
received the highest amount of PRT<br />
assistance. Meanwhile, the central<br />
government’s core budget spending mainly<br />
focuses on centralizing power in the<br />
provinces closest to Kabul. Although they<br />
emphasize development efforts in areas that<br />
are the least secure, they do not neglect<br />
provinces in the northern parts of the country<br />
to the same degree as international donors do.<br />
For example, the Afghan national government<br />
spent more in the provinces of Faryab and<br />
Badakhshan, installing irrigation systems and<br />
building agriculture infrastructure to help the<br />
local farmers of the region. The PRTs and the<br />
international community spent well below $50<br />
per capita in the same provinces. The<br />
northern provinces of Afghanistan have fertile<br />
soil and a climate more suitable for<br />
agriculture. By providing farmers the technical<br />
aid they need to maintain their crops yearround,<br />
the Afghan government’s technical<br />
assistance encourages the growth of the<br />
agriculture sector of the economy.<br />
The emphasis on quick impact<br />
projects led by the PRTs has not been<br />
accompanied by a strengthening of the<br />
Afghan government’s capacity to sustain the<br />
goals of these projects over time. The limited<br />
provincial development funds “undercut the<br />
government’s credibility, since districts or<br />
provinces might attract aid but have no funds<br />
to sustain projects once they are transferred to<br />
local authorities,” leading to the perception<br />
among Afghans that these projects are just<br />
another tool being used by external forces to<br />
impose control over them. 34 The multiple<br />
channels of funding are creating a rift between<br />
the provinces and the central government,<br />
both fiscally and ideologically. Shortsighted<br />
34 “Human Rights in Afghanistan,” The International<br />
Crisis Group.<br />
29 <strong>Spring</strong> <strong>2015</strong> 29
development efforts have been difficult to<br />
sustain due to the PRTs and international<br />
communities’ biased funding mechanisms.<br />
Consequently, once the drawdown of foreign<br />
contractors, advisors, and security personnel<br />
began in December of 2014, provincial<br />
leaders lacked adequate funding to maintain<br />
development projects. The lack of skilled<br />
native talent overall, and within government<br />
offices in particular, due to the<br />
overrepresentation of foreigners and skewed<br />
hiring practices of locals is contribution to the<br />
unraveling of more than ten years of ODA to<br />
Afghanistan.<br />
FINDINGS AND CONCLUSION<br />
After spending $57 billion on<br />
humanitarian assistance over the past fourteen<br />
years in Afghanistan, the international<br />
community is looking for answers as to why<br />
Afghanistan’s dependence on aid has not<br />
fallen at a rate the World Bank and the<br />
international donor community had hoped it<br />
would. Afghanistan now more than ever,<br />
needs economic and technical assistance to<br />
ensure that it does not collapse into the same<br />
state it was a decade ago. The Taliban have<br />
once again started to rise in the southern<br />
provinces of Afghanistan. Furthermore, it is<br />
crucial to note that since the international<br />
community led the majority of the<br />
development efforts, the infrastructure has<br />
been built for their own security purposes, not<br />
civil reconstruction. As the younger<br />
generation of Afghans start to take advantage<br />
of the greatly expanded education system, the<br />
need for a coherent economic development<br />
effort is vital to reduce high unemployment.<br />
In the case of Afghanistan,<br />
Williamson’s “public choice perspective” can<br />
best describe the effort to rebuild<br />
Afghanistan’s weak and dependent economy.<br />
Weak rule of law and the lack of<br />
accountability have created an environment<br />
for private contractors and NGOs to reap<br />
millions of dollars in profits from ODA<br />
without creating sustainable infrastructure. As<br />
a result, national public works projects that<br />
can benefit millions of Afghans have been<br />
poorly managed and in some cases have not<br />
even been implemented. Weak oversight<br />
coupled with high corruption have led to<br />
backdoor deals between the political elite and<br />
the international donor community,<br />
marginalizing Afghan citizens in dire need of<br />
humanitarian assistance. The Karzai<br />
Administration has been under scrutiny by the<br />
World Bank, IMF, and the United States for<br />
taking advantage of Afghanistan’s weak<br />
financial regulatory bodies by using millions<br />
of dollars of foreign aid for personal gains. 35<br />
Ownership of ODA plays a significant<br />
role in the long-term economic growth of<br />
Afghanistan. Since most of the aid bypasses<br />
the Afghan government and is directly<br />
disbursed to private firms and NGOs,<br />
provincial governments and the central<br />
administration cannot build the capacity they<br />
need to operate with the proper funding to<br />
attract and train native talent. Instead of using<br />
contractors and NGOs, both the Afghan<br />
government and international aid agencies<br />
must take greater advantage of the local talent,<br />
and work to cultivate it. By doing so, national<br />
projects will be far more effective and<br />
sustainable because the morale of the people<br />
will change from that of being a recipient state<br />
to that of a developing state.<br />
The ODA given to Afghanistan has<br />
been utilized for short-term gains in security<br />
and economic development: as a result,<br />
neither has been advanced in the long run.<br />
Long-term security and economic growth in<br />
Afghanistan are most likely to occur when the<br />
international community accepts that the<br />
Afghan people have a greater part to play in<br />
development efforts.<br />
35 James Risen, “Karzai’s Kin Use Ties to Gain Power<br />
in Afghanistan,” The New York Times, October 5, 2010,<br />
accessed on October 13, 2013.<br />
http://www.nytimes.com/2010/10/06/world/asia/06<br />
karzai.html?pagewanted=all&_r=0.<br />
30 <strong>Spring</strong> <strong>2015</strong> 30
DAVID ESMATI is a<br />
second year M.A.<br />
student in International<br />
Relations. He earned his<br />
B.A. degree in<br />
International Relations<br />
Honors from the Wilf<br />
Family Department of<br />
Politics at New York<br />
University. He is interested in international security<br />
issues, Afghanistan-Pakistan, sustainable<br />
development, financing for development and postconflict<br />
recovery. His past work experience in<br />
related fields includes work with The Permanent<br />
Mission of Afghanistan to the United Nations, The<br />
United States Mission to the United Nations, NGOs<br />
and think tanks.<br />
31 <strong>Spring</strong> <strong>2015</strong> 31
From Operation Serval<br />
to Barkhane<br />
Understanding France’s<br />
Increased Involvement in<br />
Africa in the Context of<br />
Françafrique and Postcolonialism<br />
Carmen Cuesta Roca<br />
François Hollande did not enter office<br />
amid expectations that he would<br />
become a foreign policy president.<br />
His 2012 presidential campaign carefully<br />
focused on domestic issues. Much like<br />
Nicolas Sarkozy and many of his<br />
predecessors, Hollande had declared, “I will<br />
break away from Françafrique by proposing a<br />
relationship based on equality, trust, and<br />
solidarity.” 1 After his election on May 6,<br />
2012, Hollande took steps to fulfill this<br />
promise. He became the first president of<br />
the Fifth Republic not to have an “Africa<br />
cell” 2 and appointed as his Africa adviser<br />
Hélène Le Gal, a diplomat with previous<br />
experience in East Africa and far removed<br />
from the old networks of France’s former<br />
colonies.<br />
Fast forward to January 2013. Four<br />
thousand French troops were deployed to<br />
Mali as part of Operation Serval, following<br />
the United Nations Security Council<br />
Resolution 2085 in December 2012 and an<br />
official request from the Malian interim<br />
government for French assistance. 3 That<br />
1 “Engagement 58,” Parti Socialiste, February 2, 2012,<br />
accessed December 1, 2014, http://www.partisocialiste.fr/articles/engagement-58.<br />
2 Founded during the Charles de Gaulle<br />
administration, this is a location where the President<br />
and his advisors take decisions on military support<br />
for African countries or for the ruling governments.<br />
3 United Nations, “Security Council Authorizes<br />
Deployment of African-Led International Support<br />
Mission in Mali for Initial Year-Long Period<br />
Meetings Coverage and Press Releases,” UN News<br />
same year, Hollande sent French troops to<br />
the Central African Republic (CAR) to curb<br />
ethno-religious warfare. During a visit to<br />
three African nations in the summer of<br />
2014, the French president announced<br />
Operation Barkhane, a reorganization of<br />
troops in the region into a counter-terrorism<br />
force of 3,000 soldiers.<br />
In light of this, what is one to make<br />
of Hollande’s promise to break with<br />
tradition concerning France’s African<br />
policy? To what extent has he actively<br />
pursued the fulfillment of this promise, and<br />
does continued French involvement in<br />
Africa constitute success or failure in this<br />
regard? France has a complex relationship<br />
with Africa, and these ties cannot be easily<br />
cut. This paper does not seek to provide a<br />
critique of President Hollande’s policy<br />
toward France’s former African colonies.<br />
Rather, it uses the current president’s<br />
decisions and behavior to explain why<br />
France will not be able to distance itself<br />
from its former colonies anytime soon.<br />
It is first necessary to outline a brief<br />
history of France’s involvement in Africa,<br />
with an emphasis on the exclusivity of<br />
France’s relationship with its former<br />
colonies and the period of “decolonization.”<br />
Interpretations of the term Françafrique (a<br />
French word used to described the special<br />
relationship between France and Africa) will<br />
be assessed, with particular attention paid to<br />
its neocolonial connotations, as well as an<br />
assessment of its utility and relevance as a<br />
tool of analysis. With this in mind, an<br />
examination of the French intervention in<br />
Mali will follow, with a focus on the<br />
Françafrique debate that has surrounded the<br />
conflict. Does the French intervention in<br />
Mali constitute change or continuity in<br />
terms of France’s colonial past? Why has<br />
this intervention, unlike others, been<br />
received with such popular support in<br />
France and Mali alike? The recent<br />
announcement of Operation Barkhane has<br />
also raised many questions concerning<br />
France’s involvement in Africa. This paper<br />
Center, December 20, 2012.<br />
www.un.org/press/en/2012/sc10870.doc.htm.<br />
32 <strong>Spring</strong> <strong>2015</strong> 32
will analyze different interpretations of this<br />
operation, while highlighting a fundamental<br />
aspect of the relationship between France<br />
and her former colonies: debt. In assessing<br />
Hollande’s decisions on African policy since<br />
his election in 2012, this paper examines<br />
France’s special relationship with its former<br />
colonies and explores the reasons why it<br />
continues to be difficult for France to break<br />
away from a Françafrique-style relationship<br />
with its colonies.<br />
A BRIEF HISTORY OF FRANCE IN<br />
AFRICA<br />
Historically, France has deep<br />
economic and political relations with Africa<br />
that date back to the 17 th Century. A<br />
distinction can be made between the First<br />
colonial empire, which had been mostly lost<br />
by 1814, and the Second colonial empire,<br />
whose beginning and end are marked by the<br />
takeover and independence of Algeria in<br />
1830 and 1862, respectively. This division is<br />
made because by 1814 France had lost most<br />
of the colonies gained in earlier years. The<br />
Berlin Conference of 1884 marked the<br />
beginning of organized conquest of the<br />
region, and aimed at regulating European<br />
colonization and trade in Africa. The<br />
federation of French West Africa (Afrique<br />
occidentale francaise) was established in 1904,<br />
and soon after in 1910, the federation of<br />
French Equatorial Africa (Afrique équatoriale<br />
francaise) was created. These federations<br />
grouped a number of French colonies<br />
together under the same authority in an<br />
effort to coordinate French colonization on<br />
the African continent. Countries today that<br />
were affected by this re-organization<br />
include: Benin, Burkina Faso, Cameroon,<br />
Central African Republic, Chad, Congo,<br />
Cote d’Ivoire, Gabon, Guinea, Libya, Mali,<br />
Mauritania, Niger, Senegal, and Togo.<br />
It is important to note that France’s<br />
involvement with its colonies was very<br />
different from other European powers’<br />
involvement in Africa. Britain’s colonial<br />
policy was primarily based on economic<br />
exploitation of its colonies, but France had a<br />
distinct mission. Metropolitan France<br />
additionally pursued a cultural and political<br />
assimilation policy that ignored regional<br />
cultures. This was done in a bid to enhance<br />
France’s international influence by<br />
extending to Africa the French values of<br />
human rights. This is the defining notion of<br />
France’s unique relationship with its<br />
colonies: “The British saw its colonies as<br />
foreign lands, the French saw them as a part<br />
of France, therefore France imposed its<br />
culture on Africa.” 4 This distinction still<br />
lingers today, and it adds a layer of<br />
complexity to the relationship between<br />
France and her former African colonies.<br />
The Brazzaville Conference of 1944<br />
marked a pivotal point in this relationship.<br />
Held in the capital of French Equatorial<br />
Africa, the conference assembled many<br />
prominent African leaders to discuss the<br />
revision of France’s relationship with its<br />
colonies. Many view this erroneously as the<br />
beginning of decolonization, when the<br />
reality is that, for Charles de Gaulle and<br />
other leading officials, the “aim of the<br />
conference was, on the contrary, to<br />
consolidate the colonial system definitively<br />
by renovating it.” 5 Even at this point,<br />
however, the idea of independence for<br />
African states was rejected among the<br />
French. As De Gaulle stated, “The aims of<br />
France's civilizing mission preclude any<br />
thought of autonomy or any possibility of<br />
development outside the French empire.<br />
Self-government must be rejected—even in<br />
the more distant future.” 6<br />
Yet, from the 1950s to the 1970s,<br />
independence became a reality for many<br />
French colonies. Many of these<br />
independences were achieved around the<br />
same time as each other and without<br />
4 Abdurrahim Siradag, “Understanding French<br />
Foreign and Security Policy towards Africa:<br />
Pragmatism or Altruism”, Afro Eurasian Studies, 3, no.<br />
1 (<strong>Spring</strong> 2014): 100.<br />
5 Yves Person, “French West Africa and<br />
Decolonization,” in The Transfer of Power in Africa:<br />
Decolonization, 1940-1960, ed. Prosser Gifford and<br />
Louis William Roger (New Haven: Yale University<br />
Press, 1982), 144.<br />
6 Donald A. Low, Britain and Indian Nationalism: The<br />
Imprint of Ambiguity 1929-1942, (Cambridge:<br />
Cambridge University Press, 1997), 16.<br />
33 <strong>Spring</strong> <strong>2015</strong> 33
considerable violence (with the exception of<br />
Cameroon). As such, France has continued<br />
to maintain its economic and political<br />
relations with its former colonies.<br />
Importantly, France has a special strategic<br />
security partnership with the African<br />
countries. At the time of independence, the<br />
French government created African national<br />
armies that would serve as branches of the<br />
French army overseas. 7 It was in this<br />
context that a number of bilateral security<br />
agreements were signed with each newly<br />
independent state: between 1960 and 1993,<br />
two-dozen agreements were signed between<br />
France and most of her former colonies. 8<br />
France has intervened militarily in Africa<br />
more than 50 times since 1960. 9<br />
Two of these interventions,<br />
Operation Serval and Operation Barkhane,<br />
require further investigation. Serval refers to<br />
a 2013 operation in which France<br />
intervened in Mali following the country’s<br />
request for assistance in the ousting of<br />
Islamic militants. Barkhane is France’s latest<br />
military endeavor in Africa, another<br />
counter-terrorist operation stretching from<br />
Mauritania to Chad that aims at limiting the<br />
mobility of jihadists in the region. The<br />
particularities of French colonial history in<br />
Central and West Africa lay the foundation<br />
for a unique relationship between France<br />
and its former African colonies. This helps<br />
explain why France still has such a<br />
connection to Africa, while other former<br />
colonial powers do not.<br />
FRANÇAFRIQUE<br />
Today this relationship is often<br />
referred to in France as la Françafrique. The<br />
term is not a new one, however, and its<br />
meaning has changed over time along with<br />
the shifting relationship between France and<br />
7 Guy Martin, “Francophone Africa in the Context of<br />
Franco-African Relations,” in Africa in World Politics,<br />
eds. John W. Haberson and Donald Rothchild<br />
(Boulder, CO: Westview 1995), 178.<br />
8 Xavier Renou, “A New French Policy For Africa?”<br />
Journal of Contemporary African Studies, 20, no. 1, (2002):<br />
10.<br />
9 Siradag, “Understanding French Foreign and<br />
Security Policy towards Africa”, 100.<br />
her former African colonies. It was in 1963<br />
that Felix Houphouët-Boigny, former<br />
president of Cote d’Ivoire, coined the term<br />
Françafrique. Initially Houphouët-Boigny’s<br />
notion of Françafrique was positive, and was<br />
used “to describe the common destiny and<br />
promote the special relationship between<br />
France and Africa that he supported and<br />
wanted to maintain.” 10 But today the term<br />
has negative connotations, often used to<br />
denounce France’s alleged neocolonial<br />
relationship with its former colonies.<br />
Andrew McKillop has described the notion<br />
of Françafrique as “a colonial hangover.” 11<br />
François Xavier Vershave, founder of the<br />
NGO Survie, used the term Françafrique to<br />
describe “the unsullied tip of the iceberg [of<br />
Franco-African relations]: France as the best<br />
friend of Africa, development and<br />
democracy.” 12 What lies beneath is a<br />
complicated connection that many believe<br />
signifies France’s enduring domination of its<br />
former colonies.<br />
In 2012, Hollande promised to<br />
move away from Françafrique behavior.<br />
During his first visit to the continent, in<br />
Senegal, Hollande declared, “The time of<br />
Françafrique is over: there is France, there is<br />
Africa, and there is the partnership between<br />
France and Africa, with relations based on<br />
respect, brightness, and solidarity.” 13 Yet<br />
just three months later, he sent French<br />
troops to Mali, after having expressed that<br />
he would not send French troops on the<br />
10 Tony Chafer, “Hollande and Africa Policy,” Modern<br />
Contemporary France, 22, no. 4 (2014): 529.<br />
11 Andrew McKillop, “What’s Really Behind France’s<br />
Sudden Scramble to Save Central Africa”, 21 st Century<br />
Wire, December 6, 2013, accessed on Nov. 30, 2014,<br />
http://21stcenturywire.com/2013/12/06/whatsreally-behind-frances-sudden-scramble-to-savecentral-africa/<br />
12 Francois X. Vershave, “Defining Francafrique”,<br />
Survie, February 18, 2006, accessed Nov. 27, 2014,<br />
http://survie.org/francafrique/article/definingfrancafrique-by-François<br />
13 “François Hollande à Dakar: ‘Le temps de la<br />
Françafrique est révolu,’” Le Monde, October 12,<br />
2012, accessed November 27, 2014,<br />
http://www.lemonde.fr/afrique/article/2012/10/12<br />
/hollande-exprime-sa-grande-confiance-dans-lesenegal-et-l-afrique_1774886_3212.html<br />
34 <strong>Spring</strong> <strong>2015</strong> 34
ground, 14 but would instead support an<br />
African-led force to deal with the crisis. The<br />
French intervention in Mali is highly<br />
complex in a number of ways, evident<br />
through the multitude of interpretations<br />
concerning French involvement in the<br />
conflict.<br />
UNDERSTANDING OPERATION<br />
SERVAL<br />
Operation Serval was a successful<br />
effort to push Islamic militants out of Mali.<br />
It was President Hollande’s first<br />
intervention in the region, spanning a total<br />
of 19 months, from January 2013 to July<br />
2014. On January 11, 2013, after new<br />
clashes between the army and insurgent<br />
groups, President Hollande announced the<br />
launching of a military operation: Serval.<br />
Just a day later, hundreds of French troops<br />
were involved in the military operation in<br />
Mali. The French army, navy, and air force<br />
were all deployed to assist in the operation.<br />
It was led by approximately 4,000 French<br />
troops supported by 2,000 Chadians and<br />
implemented in coordination with the<br />
Malian army. In fact, assistance from France<br />
was specifically requested from the Malian<br />
government. The operation was considered<br />
a success. Three of the five Islamic militant<br />
leaders were killed and the militant groups<br />
were driven from cities and later from the<br />
mountains of Adrar. 15<br />
President Hollande celebrated this<br />
triumph on a visit to the capital of Bamako<br />
where, clearly impressed by the strength of<br />
the popular welcome in the streets, he<br />
claimed, “I have just, without a doubt,<br />
experienced the most important day of my<br />
14 “François Hollande: ‘Je viens pour ecrire avec<br />
l’Afrique une nouvelle page,’” RFI, November 10,<br />
2012, accessed December 3, 2014,<br />
http://www.rfi.fr/afrique/20121011-Françoishollande-afrique-francophonie-sommet-interviewnouvelle-page/<br />
15 Isaline Bergamaschi, “French Military Intervention<br />
in Mali: Inevitable, Consensual, Yet Insufficient,”<br />
Stability: International Journal of Security and Development,<br />
2, no.2 (2013), accessed December 3, 2014.<br />
http://www.stabilityjournal.org/rt/printerFriendly/s<br />
ta.bb/70<br />
political life.” 16 The intervention received a<br />
huge amount of popular support from<br />
Malians, and France’s action “has very<br />
seldom been accused of neocolonialism<br />
internationally.” 17 This may be in part due<br />
to historical reasons and the fact that Mali<br />
doesn’t quite fall under the category of the<br />
French pré carré, a term used to describe<br />
France’s sphere of influence in Africa: the<br />
country assumed one of the more radical<br />
positions towards Paris, unilaterally<br />
declaring independence in 1960.<br />
This is why Tony Chafer, professor<br />
of French Area studies at Portsmouth<br />
University, argues, “the presentation of<br />
France’s military intervention in the country<br />
in 2013 as the latest avatar of the Françafrique<br />
tradition is at the very least misleading,<br />
insofar as it fails to take account of the<br />
complex, often tense nature of Franco-<br />
Malian relations in the post-colonial<br />
period.” 18 This refutes the notion of<br />
Françafrique as a model of analysis for the<br />
French intervention in Mali as it<br />
oversimplifies a long and complex history<br />
between France and Africa.<br />
The intervention in Mali also<br />
received praise, in part due to Hollande’s<br />
reluctance to intervene in Africa, a striking<br />
contrast to former president Nicolas<br />
Sarkozy. Sarkozy had a history of using<br />
aggressive foreign relation moves to gain or<br />
maintain popularity at home. In August<br />
2008, for example, he succeeded<br />
in negotiating a Russo-Georgian ceasefire<br />
without being invited to be a<br />
peacemaker. In 2011, Sarkozy took France<br />
to war in Libya without informing his<br />
parliament or foreign minister, Alain Juppé.<br />
In opposition, “the trouble taken by<br />
Hollande to seek African opinion before<br />
16 Ben Clift, and Raymond Kuhn, “The Hollande<br />
Presidency 2012-14,” Modern and Contemporary France,<br />
22, no. 4 (2014): 432.<br />
17 Isaline Bergamaschi and Mahamadou Diawara,<br />
“The French military intervention in Mali: Not<br />
exactly Françafrique but definitely postcolonial,” in<br />
Peace operations in the francophone world: global governance<br />
meets post-colonialism, ed. Bruno Charbonneau and<br />
Tony Chafer (Abingdon: Routledge, 2014), 137.<br />
18 Chafer, “Hollande and Africa Policy,” 516.<br />
35 <strong>Spring</strong> <strong>2015</strong> 35
going ahead with military intervention<br />
contrasted with past practice.” 19<br />
Yet, despite Hollande’s “subtler ear<br />
for the tone of African diplomacy,” 20 France<br />
still has a vested interest in the region, many<br />
aspects of which also contributed to<br />
France’s decision to intervene in Mali.<br />
Although France does not have specific<br />
economic interests in Mali, it certainly has<br />
economic interests in the wider region.<br />
Nigerian uranium, for instance, is central to<br />
France’s energy security: one quarter of<br />
France’s electricity production relies on<br />
uranium. There is also speculation<br />
concerning an interest in oil in the north of<br />
Mali that could be considered a new<br />
potential economic gain. However,<br />
Bergamaschi and Diawara assert, “the<br />
presence of oil resources has been suspected<br />
for a long time but never clearly and<br />
formally established.” 21<br />
French political motivations behind<br />
intervention should also be considered.<br />
France is a permanent member of the UN<br />
Security Council, and thus, has international<br />
obligations specifically to West Africa,<br />
where it has troops stationed in Senegal,<br />
Côte d’Ivoire, and Chad. As Chafer<br />
postulates, “faced with the threat of an<br />
Islamist takeover, the prospect of a<br />
humanitarian disaster and a request from the<br />
Malian government to intervene, it would<br />
have been extremely difficult for France to<br />
refuse.” 22 Chafer’s interpretation, that<br />
France is simply honoring its international<br />
obligations, may be overly generous. As<br />
Bergamaschi and Diawara explain, “acting<br />
for stability in Africa remains a key tool to<br />
defend the French seat at the UN Security<br />
Council.” 23 It should also be noted that<br />
African countries provide a valuable source<br />
of supportive votes for France at the UN.<br />
Although France may have simply been<br />
fulfilling its international duty, the benefits<br />
of intervention in this sense are undeniable.<br />
Even if circumstances forced France to<br />
intervene in Africa, to be present militarily<br />
in a number of African countries requires a<br />
type of Françafrique behavior.<br />
BARKHANE: CASTING FURTHER<br />
DOUBT<br />
In the summer of 2014, Hollande<br />
declared the objectives of Operation Serval<br />
accomplished, 24 but victory in Mali is not as<br />
absolute as has been suggested. This is<br />
demonstrated by the announcement in July<br />
2014 of a new military operation in the<br />
region: Operation Barkhane. Unlike Serval,<br />
Barkhane is preventative in its intent. While<br />
Serval aimed at fixing a problem that was<br />
deteriorating in Mali, Operation Barkhane<br />
has been labeled as a counterterrorist<br />
operation, although many specifics remain<br />
unclear. Hollande has said the Barkhane<br />
force will allow for a "rapid and efficient<br />
intervention in the event of a crisis” 25 in the<br />
region. This summer, Hollande began a<br />
three-nation visit to Africa, stopping in Côte<br />
d’Ivoire, Niger, and Chad. The focus of the<br />
visit was related to security, with Operation<br />
Serval coming to a close, only to be replaced<br />
by Operation Barkhane. Named after a<br />
crescent-shaped sand dune in the Saharan<br />
desert, the operation involves the<br />
deployment of 3,000 military personnel<br />
across the vast Sahel region, backed by six<br />
19 Paul Melly and Vincent Darracq, “A New Way to<br />
Engage? French Policy in Africa from Sarkozy to<br />
Hollande,” Chatham House Africa 2013, 10, accessed<br />
December 1, 2014.<br />
http://www.chathamhouse.org/sites/files/chathamh<br />
ouse/public/Research/Africa/0513pp_franceafrica.p<br />
df<br />
20 Ibid., 10.<br />
21 Bergamaschi and Diawara, “The French military<br />
intervention in Mali,” 141.<br />
22 Chafer, “Hollande and Africa Policy,” 524.<br />
23 Bergamaschi and Diawara, “The French military<br />
intervention in Mali”, 141.<br />
24 Sara M. Llana, “Mali, one year later: France's mission<br />
accomplished – but much left to do,” Christian Science<br />
Monitor, January 11, 2014, accessed December 1, 2014,<br />
http://www.csmonitor.com/World/Europe/2014/0<br />
111/Mali-one-year-later-France-s-missionaccomplished-but-much-left-to-do<br />
25 “Hollande announces new military operation in<br />
West Africa,” France<br />
24, July 19, 2014, accessed March 14, <strong>2015</strong>.<br />
http://www.france24.com/en/20140719-hollandeannounces-new-military-operation-west-africa/.<br />
36 <strong>Spring</strong> <strong>2015</strong> 36
fighter jets, 20 helicopters and three drones.<br />
The mission forms a belt of French military<br />
presence in five African countries: Burkina<br />
Faso, Mali, Chad, Niger and Mauritania.<br />
In an article published prior to the<br />
French president’s three-nation visit this<br />
summer, France 24 speculated, “mission<br />
accomplished or mission creep?” 26 Another<br />
article described Operation Barkhane as “a<br />
blurred French strategy.” 27 The notion of<br />
mission creep describes a gradual shift in<br />
objectives during the course of a military<br />
campaign, often resulting in an unplanned<br />
long-term commitment. Operation<br />
Barkhane can be interpreted as a form of<br />
“mission creep” in that it is the expansion of<br />
a project (Operation Serval), following initial<br />
successes. Mission creep is considered<br />
dangerous because it tends to forge a path<br />
of increasingly ambitious attempts at victory<br />
that ultimately result in great failure.<br />
Understood in these terms, the transition<br />
from Serval to Barkhane is inconsistent with<br />
Hollande’s promise to break from<br />
Françafrique, and Operation Barkhane may<br />
see French troops remain in the region for a<br />
number of years.<br />
Some have dubbed Mali as the next<br />
Afghanistan, 28 comparing Operation Barkhane<br />
to the U.S. “war on terror.” Using the same<br />
term coined at the dawn of U.S. involvement in<br />
Afghanistan, this labeling provokes many<br />
pejorative conceptions of the motivations<br />
behind the operation. If the notion of<br />
Françafrique is based on the exploitation of<br />
African countries for the advancement of<br />
France’s own power, viewing Operation<br />
26 Leela Jacinto, “It’s time for Africa again as<br />
Hollande starts three-nation visit”, France24, July 16,<br />
2014, accessed December 1, 2014,<br />
http://www.france24.com/en/20140716-francewest-africa-hollande-sahel-ivory-coast-niger-chad/.<br />
27 Sarah Diffalah, “DeServalàBarkhane:lamissionfrançaise<br />
loind'êtreterminée,” LeNouvelObservateur,July 16, 2014,<br />
accessed December 1, 2014,<br />
http://tempsreel.nouvelobs.com/guerre-aumali/20140715.OBS3744/mali-de-serval-a-barkhanela-mission-francaise-loin-d-etre-terminee.html.<br />
28 Mark Doyle, “Mali: Dangers of dealing with<br />
‘Afghanistan of West Africa,’” BBC News, June 14,<br />
2012, accessed December 5, 2014,<br />
http://www.bbc.co.uk/news/world-africa-18427541<br />
Barkhane in a similar light as the “war on<br />
terror” suggests that France is using the<br />
justificatory framework of counter-terrorism to<br />
remain involved in the region and benefit from<br />
this involvement. Such benefits include<br />
defending France’s position in the UN, as well<br />
as in the international arena.<br />
Hollande declared, during his<br />
presidential speech at Niemey, “Operation<br />
Barkhane is a structure built to accompany<br />
Africans and allow them to ensure their own<br />
security.” 29 The operation was presented as a<br />
way to regionalize counterterrorist movements,<br />
and to protect both the security of countries in<br />
the West and Central Africa, and that of<br />
France. Hollande has made sure to present<br />
Operation Barkhane under his initial promise<br />
to break away from Françafrique, just as he did<br />
with Operation Serval. There is one distinct<br />
difference, however. Operation Serval was<br />
launched after the interim Malian president<br />
Dioncounda Traoré asked for the assistance of<br />
the UN and of France. Operation Barkhane<br />
has no such precedent; it merely constitutes a<br />
continuation of the work of Operation Serval.<br />
Under Operation Serval, the French<br />
president and his advisors made claims to<br />
support Africans in their own development<br />
and security, when the role played by the<br />
French military was much more significant in<br />
reality. Hollande stated in late 2012, “France<br />
will not, in any case, intervene in Mali.” 30 Due<br />
to UN support, the mission was presented as<br />
multilateral. Once French troops arrived in<br />
Mali, France worked hard to ensure legality<br />
through the UN framework, making the case<br />
for an interpretation of UN Resolution 2085.<br />
This resolution, however, only authorized an<br />
29 Laurent Lagneau, “Selon M. Le Drian, l'objectif de<br />
l'opération Barkhane est “l'éradication du terrorisme<br />
jihadiste,”” Zone Militaire, July 22, 2014, accessed<br />
December 7, 2014,<br />
http://www.opex360.com/2014/07/22/selon-m-ledrian-lobjectif-de-loperation-barkhane-leradicationdu-terrorisme-jihadiste/.<br />
30 Ursula Soares, “Opération militaire au Mali : la<br />
France n’interviendra pas «elle-même»,” Radio France<br />
Internationale, November 13, 2012, accessed<br />
December 1, 2014,<br />
http://www.rfi.fr/afrique/20121113-operationmilitaire-mali-france-interviendra-pas-elle-memeunion-africaine-addis-abeba-conseil-securite/.<br />
37 <strong>Spring</strong> <strong>2015</strong> 37
African-led mission. 31 Bergamaschi and<br />
Diawara claim “France’s decision to<br />
intervene was unilateral,” 32 but more<br />
accurately, it was a bilateral decision,<br />
considering support was in fact requested by<br />
Mali. Had it not been, France may not have<br />
intervened. This is not to say France acted<br />
solely out of obligation or as a response to<br />
Mali’s cry for help, but rather that such a<br />
request provided an opportunity upon<br />
which France could capitalize.<br />
African responses to French<br />
intervention and involvement in the region<br />
are demonstrative of France’s special<br />
relationship with its former colonies.<br />
Despite the domination of the period of<br />
colonization, most countries achieved<br />
independence peacefully and responsibility<br />
rather than blame emerged in the discourse<br />
of the time.<br />
THE QUESTION OF DEBT<br />
The expectation that France can and<br />
should continue to help its former African<br />
colonies is inextricably linked to the notion<br />
of debt: France’s debt to Africa for the<br />
period of colonization as well as their debt<br />
for African military participation in several<br />
wars including the two world wars. Those<br />
African soldiers who served France are<br />
known as tirailleurs sénégalais (Senegalese<br />
infantrymen), despite recruitment not being<br />
limited to Senegal. It was during this time<br />
that Blaise Diagne, mayor of Dakar,<br />
“cultivated the expectation that those who<br />
served would be rewarded both symbolically<br />
and materially.” 33 This notion of “blood<br />
debt” (dette de sang) or colonial debt is still<br />
noticeably present today.<br />
Hollande was welcomed warmly in<br />
Cote d’Ivoire during his three-nation visit to<br />
31 United Nations, Resolution 2085, December 20,<br />
2012, accessed December 1, 2014,<br />
http://www.un.org/en/ga/search/view_doc.asp?sy<br />
mbol=S/RES/2085.<br />
32 Bergamaschi and Diawara, “The French military<br />
intervention in Mali: Not exactly Françafrique but<br />
definitely postcolonial,” 143.<br />
33 Gregory Mann, Native sons: West African veterans and<br />
France in the twentieth century, (Durham: Duke<br />
University Press, 2006), 70.<br />
Africa in July 2014. Fraternité Matin, the<br />
local Ivorian governmental news outlet, ran<br />
a piece on the day of the French president’s<br />
visit to Abidjan that stated, “Even if France<br />
does not, at this moment, provide support<br />
economically, she still has a lot to contribute<br />
for the reconstruction of our<br />
infrastructure.” 34 There is a tendency to<br />
think France is responsible for development<br />
in its former colonies: both from citizens of<br />
former French colonies, and from within<br />
the French government itself.<br />
This notion of debt may help to<br />
explain why the French intervention in Mali<br />
was received with such popular support in<br />
the country. During a speech delivered in<br />
Bamako in February 2013, the French<br />
president said, “I remember that when<br />
France was attacked, when she was looking<br />
for assistance and allies, when she was<br />
threatened, when her territorial unity was at<br />
stake, who came to support her then? Africa<br />
did, Mali did, thanks to Mali. Today we are<br />
paying our debt to Mali.” 35 Even the choice<br />
of the Chadian capital N’Djamena as the<br />
headquarters of Operation Barkhane could<br />
be interpreted as a reward for Chad’s timely<br />
intervention in Northern Mali. In early 2013<br />
Chad sent troops to support Operation<br />
Serval, providing essential support to France<br />
with their experience in desert warfare.<br />
During a speech delivered in front of the<br />
French community at N’Djamena<br />
announcing the launch of Operation<br />
Barkhane, Hollande thanked Chad a number<br />
of times, stating, “I wanted to express to<br />
you my gratitude.” 36 His presentation of this<br />
34 Venance Konan, “Akwaba, Hollande!”, Fraternité<br />
Matin, July 17, 2014, accessed December 2, 2014,<br />
http://www.fratmat.info/edito/item/17429-akwabahollande.<br />
35 François Hollande, cited in Bergamaschi and<br />
Diawara, “The French military intervention in Mali:<br />
Not exactly Françafrique but definitely postcolonial,”<br />
146.<br />
36 Francois Hollande, “Discours du président<br />
François Hollande devant la<br />
communauté française à Ndjamena,” Elysee, July 19,<br />
2014, accessed December 5, 2014,<br />
http://www.elysee.fr/assets/pdf/discours-dupresident-François-hollande-devant-la-communautefrancaise-a-ndjamena-2.pdf<br />
38 <strong>Spring</strong> <strong>2015</strong> 38
new operation within a context of<br />
appreciation demonstrates that a form of<br />
postcolonial debt still exists between France<br />
and its former colonies, and is being used as<br />
a way to justify involvement in the region.<br />
France’s notion of debt to its former<br />
colonies is a dangerous one. It perpetuates a<br />
postcolonial political community that makes<br />
it extremely hard for France to cut ties from<br />
her former African colonies. The notion of<br />
debt is problematic in two ways. First, it<br />
provides a justification for France to stay<br />
involved in African affairs. Second, it<br />
normalizes French involvement in Africa<br />
among the African population.<br />
The central role to be played by<br />
Chad in Operation Barkhane is also<br />
concerning, given that the President of<br />
Chad since 1996, Idriss Déby, is widely<br />
considered to be a dictator. 37 Déby‘s<br />
administration is widely believed to be<br />
responsible for the disappearance of the<br />
opposition leader, Ibni Oumar Mahamat<br />
Saleh. 38 Saleh disappeared after his arrest by<br />
the Chadian government in 2008.<br />
Previously, he served in the Chadian army<br />
and was made commander-in-chief under<br />
Hissène Habré. In 1985, he was removed<br />
from his post and sent to Paris to pursue a<br />
course at the École de Guerre.<br />
THE ROLE OF LEADERSHIP IN THE<br />
FRANCAFRIQUE RELATIONSHIP<br />
One fundamental aspect of<br />
Françafrique has been the close bond shared<br />
by French and African leaders. Many<br />
African leaders at some point attended<br />
university in Paris, or elsewhere in France,<br />
where they met their French counterparts.<br />
This was the case with many prominent<br />
37 Joshua Norman, “The world’s enduring dictators:<br />
Idriss Déby, Chad,” CBS News, June 19, 2011,<br />
accessed December 9, 2014,<br />
http://www.cbsnews.com/news/the-worldsenduring-dictators-idriss-Déby-chad-19-06-2011/<br />
38 “Chad: Repressive tactics against government<br />
critics must come to an end,” Amnesty International,<br />
October 24, 2013, accessed April 11, <strong>2015</strong>,<br />
https://www.amnesty.org/en/articles/news/2013/1<br />
0/chad-repressive-tactics-against-government-criticsmust-come-end/.<br />
figures, of which Leopold Sédar Senghor<br />
and Georges Pompidou are good examples.<br />
Senghor served as Senegal’s first president<br />
for over two decades, and Pompidou was<br />
Prime Minister of France and later President<br />
from 1969 until his death in 1974. Their<br />
friendship began in 1929-30 and Senghor<br />
once admitted in an interview that it was<br />
Pompidou “who converted me to<br />
socialism.” 39 It is interesting to note that<br />
Déby also has this academic connection<br />
with France, but what is even more<br />
concerning is the new relationship between<br />
Hollande and Déby.<br />
Recently, with the announcement of<br />
Operation Barkhane and the use of Chad as<br />
the headquarters of the mission, Hollande<br />
has established diplomatic relations with<br />
Déby. During his speech at N’Djamena on<br />
July 19, 2014, Hollande stated, “We have a<br />
deep seeded relationship of cooperation<br />
with Chad. And a solid and precious<br />
relationship with Déby.” 40 However, one<br />
reporter at the summit tweeted that<br />
Hollande in fact left at the start of Déby’s<br />
speech and only returned upon its close:<br />
“@fhollande has returned to the room to<br />
listen to Paul Biya after blowing off Déby’s<br />
speech @OIFfrancophonie #NAOIF14.” 41<br />
From this account, it seems that the<br />
relationship between the two leaders may<br />
not be as amicable as initially perceived.<br />
This does not, however, diminish the<br />
concern caused by collaborating with a<br />
dictator known to disregard human rights.<br />
It is, of course, far too easy to judge<br />
President Hollande for his actions, especially<br />
in the context of Françafrique, when the<br />
reality is that, “military interventions in Mali<br />
39 Leopold S. Senghor, cited in Jean-François Sirinelli,<br />
“Deux etudiants “coloniaux” à Paris à l’aube des<br />
anneés trente,” Vingtième Siècle, 18, (April – June<br />
1988): 81.<br />
40 Lénaïg Bredoux, “Hollande au Tchad: Comment<br />
Idriss Déby est redevenue le meilleur ami de la<br />
France,” Makaila, plume combattante et indépendante, July<br />
19, 2014, accessed December 3, 2014,<br />
http://www.mediapart.fr/journal/international/1907<br />
14/hollande-au-tchad-comment-idriss-Déby-estredevenu-le-meilleur-ami-de-la-france.<br />
41 Thierry Hot’s Twitter account, accessed December<br />
3, 2014, https://twitter.com/Hotthierry1<br />
39 <strong>Spring</strong> <strong>2015</strong> 39
and Central Afrique mean there is no way<br />
around the despot Idriss Déby.” 42 Chad<br />
holds a very important position<br />
geographically in the region. It is true,<br />
however, that upon his election, Hollande<br />
not only promised at break from the old<br />
days of Françafrique, but also went so far as<br />
to condemn Déby. That has all changed<br />
now, in the name of security, and Chad is<br />
presented as vital, militarily (as proven<br />
during Operation Serval) and geographically,<br />
to the success of Operation Barkhane.<br />
CONCLUSION<br />
It certainly is problematic to<br />
substantiate claims that Hollande’s actions<br />
comprise a definite return to Françafrique. As<br />
Chafer’s argument highlights, the use of<br />
Françafrique as a tool of analysis<br />
oversimplifies a very complex relationship.<br />
The fact that a relationship exists at all<br />
cannot be construed as Françafrique<br />
behavior, given France’s complicated history<br />
with Africa as well as their economic ties to<br />
the continent. It should be recognized that<br />
France’s role in Africa will always be shaped<br />
by history, by economics, and by<br />
international pressures. France has a very<br />
unique historical position concerning Africa,<br />
and this aspect of the relationship will not<br />
change: it is a factor that will always shape<br />
France’s policy toward Africa. Yet close<br />
historical bonds do not necessarily indicate a<br />
future of Françafrique, just as the very<br />
existence of a close relationship doesn’t<br />
immediately indicate a return to Françafrique.<br />
The root of the problem may be that<br />
Hollande’s promise to break with<br />
Françafrique was simply too ambitious, and<br />
unrealistic. The mistake the president has<br />
made is not in simply maintaining a<br />
relationship with former colonies, or even<br />
supporting them (this may very well always<br />
be the case due to deep historical roots), but<br />
with trying to utterly deny the power of<br />
such a deep-seeded bond as he did back in<br />
2012. Hollande’s presidency has proven that<br />
42 Bredoux, “Hollande au Tchad.”<br />
completely avoiding Africa is not a viable<br />
option for France. As Mustapha Tossa,<br />
editor-in-chief of Monte Carlo Doualiya,<br />
France 24’s Arabic language sister radio<br />
station, explains, “The fact is, France was<br />
forced to intervene in Africa, to be present<br />
militarily in a number of African countries,<br />
which requires a type<br />
of Françafrique behavior. So, Françafrique is<br />
still alive under François Hollande. And I<br />
do not see how he can get rid of it since<br />
France is so engulfed in protecting its allies<br />
and interests in the region.” 43 It is for this<br />
reason that no matter how lightly President<br />
Hollande treads in Africa; he will always fall<br />
under criticism concerning the Françafrique<br />
nature of his policies, as will presidents to<br />
come.<br />
While it is right to be skeptical of<br />
President Hollande’s motivations behind<br />
Operation Serval and Operation Barkhane,<br />
it is most certainly true that thus far, he has<br />
proceeded with more caution toward Africa<br />
than any other president before him.<br />
Hollande’s desire to lead France away from<br />
Françafrique may be genuine, but reality and<br />
circumstance will not permit him to fully<br />
follow through on his promise.<br />
CARMEN CUESTA<br />
ROCA is a Masters<br />
student in Journalism<br />
and French Studies at<br />
NYU. An avid learner of<br />
new cultures and<br />
languages, she hails<br />
from the UK, but has<br />
Spanish heritage.<br />
Carmen is working<br />
toward a career in<br />
journalism - currently a<br />
local news junkie - but she hopes to spend<br />
her post-NYU days reporting<br />
internationally. This summer she will travel<br />
to Haiti to report for her thesis and on other<br />
stories.<br />
43 Mustapha Tossa, quoted in Jacinto, “It’s time for<br />
Africa again as Hollande starts three-nation visit.”<br />
40 <strong>Spring</strong> <strong>2015</strong> 40
China’s Economic<br />
Espionage<br />
Stealing, Not Destroying<br />
Reema Hibrawi<br />
This paper seeks to examine the<br />
economic espionage threat to the<br />
national security of the United States<br />
from the Chinese government in the private<br />
and public sector. In this paper, economic<br />
espionage will refer to the unauthorized<br />
access and use of information by a foreign<br />
entity for strategic, tactical, or economic<br />
purposes. 1 The theft of trade secrets with the<br />
intent of an economic benefit by a foreign<br />
power, also falls under economic espionage. 2<br />
The key research questions of this paper are:<br />
1) Which U.S. targets are pursued by the<br />
Chinese government? 2) Why is China<br />
engaging in economic espionage against the<br />
U.S.? 3) What are the implications for U.S.<br />
national security?<br />
This paper seeks to specifically discuss<br />
the economic, military, and security risks to<br />
U.S. national security. Economic risks include<br />
the loss of trade secrets and competitive<br />
advantage. Military risks include the theft of<br />
strategic information on operations,<br />
equipment, and personnel. 3 Security risks refer<br />
1 Economic Espionage Act of 1996: Title 18 Crimes and<br />
Criminal Procedure, Part I Crimes, Chapter 90<br />
Protection of Trade Secrets, Pub. L. No. 104-294, 110<br />
Stat. 3488 (Oct. 11, 1996), codified at 18 U.S.C. §1831.<br />
Passed as part of the National Information Infrastructure<br />
Protection Act of 1996.<br />
2 Charles Doyle, “Stealing Trade Secrets and Economic<br />
Espionage: An Overview of 18 U.S.C. 1831 and 1832,”<br />
Congressional Research Service (July 25, 2014).<br />
3 Testimony of Larry M. Wortzel, “Cyber Espionage<br />
and the Theft of US Intellectual Property and<br />
Technology,” before the House of Representatives,<br />
to infrastructure and government functions<br />
that rely on digital networks. The main focus<br />
will be on Chinese government network<br />
exploitation and attacks, as well as intellectual<br />
property theft. 4<br />
The analysis predicts that the Chinese<br />
government will continue to focus on<br />
persistent and aggressive economic espionage<br />
of the United States. This judgment is made<br />
due to the vast information from private<br />
security consulting and public intelligence<br />
agencies on attacks originating from China,<br />
and the current Chinese cyber strategy. It is<br />
less clear how the Chinese will continue to use<br />
economic espionage as a tool to maintain their<br />
economic growth. This uncertainty is due to<br />
the opaque and complex internal strategy on<br />
China’s economic espionage. This may or may<br />
not be the main tool or focus for China’s<br />
economic growth moving forward. Just as<br />
uncertain but highly probable is that the<br />
Chinese will continue to resist ratifying an<br />
international legal framework for cyber<br />
monitoring and security that is restrictive.<br />
This is based on failed negotiations in the<br />
past, and China’s continued focus on<br />
maintaining legitimacy through its domestic<br />
and foreign policies.<br />
RATIONALE<br />
Historically, China is not known for<br />
its prowess in modernity. It has lagged behind<br />
the U.S. in innovation and resources in much<br />
of the 20 th Century. China was inefficient,<br />
stagnant, and poor due to tight economic<br />
control and isolation by the state. 5 A shift<br />
occurred in the late 1970’s, with the<br />
Committee on Energy and Commerce Subcommittee<br />
on Oversight and Investigations (July 9, 2013).<br />
4 Mark Lowenthal, Intelligence: From Secrets to Policy, 6 th<br />
Edition (Sage/CQ Press, 2014), 456.<br />
5 Wayne Morrison, “China’s Economic Rise: History,<br />
Trends, Challenges, and Implications for the United<br />
States,” Congressional Research Service (October 9, 2014).<br />
41 <strong>Spring</strong> <strong>2015</strong> 41
implementation of free market reforms 6 China<br />
continued to push for foreign direct<br />
investment (FDI) to this economic<br />
development. 7 It has become more influential<br />
as a result of improving its technology and<br />
intelligence capabilities. 8 This includes the<br />
modernization of its signal intelligence<br />
(SIGINT). 9 It has also shown space-borne<br />
capabilities in the form of anti-satellite<br />
(ASAT) tests in 2007 and 2013. 10 In the<br />
education sector, the state has emphasized<br />
science fields to continue this growth. There<br />
has since been an increase in Chinese students<br />
attending physics and computer science<br />
programs in U.S. universities and graduate<br />
programs. 11 This is seen as both an effort to<br />
modernize the population and develop cyber<br />
hacking capabilities for state use. The aim of<br />
modernizing into an information and<br />
industrial society has inspired the<br />
Informatization Plan of 2006. 12 One of the<br />
main goals is to close the digital divide. 13<br />
China is on track to do just that as illustrated<br />
by its successful economic espionage on U.S.<br />
civilian and military organizations. 14 With its<br />
growing power as a world economy and<br />
6 Beina Xu and Eleanor Albert, “The Chinese<br />
Communist Party: Backgrounders,” Council on Foreign<br />
Relations (November 17, 2014).<br />
7 Jim Lewis, “China Economic Reform Timeline: Jim<br />
Lewis Blog,” Center for Strategic & International Studies<br />
(December 11, 2014).<br />
8 Wayne Morrison, “China’s Economic Rise: History,<br />
Trends, Challenges, and Implications for the United<br />
States,” Congressional Research Service (October 9, 2014).<br />
9 Mark Lowenthal, Intelligence: From Secrets to Policy, 456.<br />
10 Ibid.<br />
11 Ibid.<br />
12 Amy Chang, “Warring State: China’s Cybersecurity<br />
Strategy,” Center for New American Security (December<br />
2014).<br />
13 Zhongzhou Li, “China’s Information Strategy and its<br />
Impact on Trade in ICT Goods and ICT Services,”<br />
UNCTAD Expert Meeting, in Support of the<br />
Implementation and Follow-Up of WSIS: Using ICTs<br />
to Achieve Growth and Development (December<br />
2006).<br />
14 Ibid.<br />
increasing need for resources, Chinese<br />
intelligence and technology capabilities have<br />
improved to meet these demands.<br />
IMPORTANCE TO THE U.S.<br />
Along with these developments, the<br />
cyber domain is relatively new and<br />
unregulated, which makes economic<br />
espionage without consequences more<br />
prevalent. There are no legal frameworks to<br />
monitor cyber security at the international<br />
level, 15 and no precedent exists in policy at the<br />
domestic or international level. 16 The<br />
sovereignty of digital information is a point of<br />
contention between states like China and the<br />
U.S.; China prefers a more flexible<br />
interpretation which will not affect its<br />
domestic and political stability. 17 This has led<br />
to stalled agreements on international cyber<br />
security and norms. 18 The U.S. infrastructure<br />
is reliant on digital networks for its electricity,<br />
water, transportation, flight travel, and the<br />
economy. 19 Like most industrialized states, the<br />
U.S. is more vulnerable to economic<br />
espionage due to the level of integration<br />
between digital networks and national<br />
infrastructure. 20 Government social services<br />
like healthcare, industry, and commerce have<br />
transferred to digital structures. Besides the<br />
government, the public also is increasing its<br />
use and trust of digital technologies. 21 One<br />
third of the world is digitally connected and<br />
15 James Clapper, Worldwide Threat Assessment of the US<br />
Intelligence Community (January 29, 2014).<br />
16 Michael Hayden, “The Future of Things ‘Cyber’,”<br />
Strategic Studies Quarterly (<strong>Spring</strong> 2011).<br />
17 Amy Chang, “Warring State: China’s Cybersecurity<br />
Strategy,” Center for New American Security (December<br />
2014).<br />
18 Ibid.<br />
19 White House Online, “International Strategy for<br />
Cyberspace” (May 2011).<br />
20 James Clapper. Worldwide Threat Assessment of the US<br />
Intelligence Community (January 29, 2014).<br />
21 Ibid.<br />
42 <strong>Spring</strong> <strong>2015</strong> 42
this is likely to increase as more countries<br />
modernize and develop technology. 22<br />
For these reasons, the Director of<br />
National Intelligence (DNI) threat assessment<br />
of 2013 lists cyber security as a current and<br />
growing future threat to the U.S. and<br />
highlights China and Russia as the most<br />
pervasive and persistent in attacks against the<br />
U.S. 23 Chinese programs infiltrated over 1,295<br />
computers in 103 nations. 24 They target U.S.<br />
national defense and national lab sites, 25 as<br />
well as cyber and technology firms. 26 These<br />
are substantial motivations for cyber security<br />
and protection from economic espionage as a<br />
key strategic initiative for the most recent<br />
Department of Defense (DoD) strategy of<br />
2011. 27 The executive branch also lists<br />
cybercrime as a key focus in the White House<br />
International Strategy for Cyberspace. 28<br />
ANALYSIS<br />
China has persistently denied<br />
existence of cyber units or economic<br />
espionage. It describes these claims as<br />
fictitious and baseless. 29 In 2010, of 614<br />
known advanced persistent threats (APT)<br />
with distinct IP addresses attacking<br />
infrastructure systems, 100% were found<br />
22 Ibid.<br />
23 Ibid.<br />
24 A study undertaken by the University of Toronto in<br />
2009, in Mark Lowenthal, Intelligence: From Secrets to<br />
Policy, 457.<br />
25 Mark Lowenthal, Intelligence: From Secrets to Policy, 457.<br />
26 Mandiant Online. “APT1: Exposing One of China’s<br />
Cyber Espionage Units.” A private security consulting<br />
service periodically releases cyber threat reports against<br />
the US and private sector companies.<br />
27 Department of Defense, “Department of Defense<br />
Strategy for Operations in Cyberspace” (July 2011).<br />
28 White House Online, “International Strategy for<br />
Cyberspace” (May 2011).<br />
29 Adam Segal, “Axiom and the Deepening Divide in<br />
U.S – China Cyber Relations,” Council on Foreign<br />
Relations (October 29, 2014).<br />
operating out of Shanghai. 30 A prominent<br />
espionage unit, referred to as APT1, has<br />
instigated massive attacks and continues to<br />
steal huge quantities of information.<br />
Hundreds of investigations on economic<br />
espionage found that most activities<br />
originated in China and with government<br />
knowledge. 31 The extent of the attacks and<br />
resilience of the group suggest they have<br />
strong financial backing in addition to a<br />
sophisticated structure. With the highly<br />
monitored Chinese environment, it is unlikely<br />
the state is unaware. Evidence suggests the<br />
state must be supporting these activities<br />
because its attacks have not stopped. 32 The<br />
top industries include information technology,<br />
high-tech electronics, aerospace, public<br />
administration, and satellites and<br />
telecommunications. 33 Strong evidence shows<br />
that APT1 is Unit 61398 which is the People’s<br />
Liberation Army (PLA) Third Department<br />
cyber espionage unit. Cyber activity originates<br />
in the same area where Unit 61398 is<br />
located. 34 The same structure, mission, and<br />
methodology exists in both units. The<br />
similarities between the two groups are<br />
difficult to ignore. The sophistication and<br />
investment in this espionage unit explains the<br />
assessment of China continuing persistent<br />
economic espionage against the U.S. as likely.<br />
The U.S. must continue to prepare for China’s<br />
espionage activities.<br />
Of exemplary importance, Unit 61398<br />
targets civilian technology and proprietary<br />
information. Evidence shows that APT1<br />
started stealing data as early as 2006. 35<br />
Information that is targeted includes strategic<br />
plans, goals, calendar items, optimization<br />
30 Mandiant Online. “APT1: Exposing One of China’s<br />
Cyber Espionage Units,” 2013.<br />
31 Ibid.<br />
32 Ibid.<br />
33 Ibid.<br />
34 Ibid.<br />
35 Mandiant Online. “Trends: Beyond the Breach, 2014<br />
Threat Report.”<br />
43 <strong>Spring</strong> <strong>2015</strong> 43
processes, and joint venture information. 36<br />
This suggests that the attacks are meant to<br />
understand how executives and decision<br />
makers think. 37 China is looking to gain<br />
influence through several means: economic,<br />
political, diplomatic, and military platforms.<br />
China-based attacks steal ideas and the<br />
process to developing those ideas. The cost<br />
for these activities is minimal. Risk is low and<br />
gaining access to large quantities of<br />
information can be done quickly by<br />
manipulating networks, e-mail, and digital<br />
downloads to external storage devices. 38<br />
Detection is difficult over networks because<br />
the location of the perpetrator can also be<br />
masked. 39<br />
U.S. private sector firms, academia,<br />
and private citizens of various countries are<br />
prime targets for China. Evidence shows that<br />
Marathon Oil, ExxonMobil, and<br />
ConocoPhillips were hacked in the summer of<br />
2008 and lost data detailing the quantity,<br />
value, and location of oil discoveries around<br />
the world. The loss of such data per company<br />
ranges in the millions of dollars. 40 The<br />
Chinese are the most pervasive and relentless<br />
actors in economic espionage, besides<br />
Russia. 41 The U.S. is the leader in<br />
technological and economic development<br />
which makes it a target by its competitors, and<br />
especially China. 42 Information and stolen<br />
data is provided to Chinese state owned<br />
enterprises which cuts costs, research and<br />
development timelines, and improves the<br />
competitive edge of these industries. 43 The<br />
economy as a whole can also be damaged by<br />
the compromise of private sector trade<br />
secrets, which can affect job creation, profits,<br />
and future innovation. 44<br />
Military economic espionage has<br />
targeted several DoD weapons systems<br />
including ballistic-missile defense systems,<br />
Black Hawk helicopters, and combat ships. 45<br />
Military operations and the individuals<br />
involved are compromised when military<br />
documents are stolen. China seeks<br />
information on the manufacture of weapons<br />
and their systems to replicate and counter<br />
their designs. This is an effort to modernize<br />
the state and improve its military capabilities.<br />
Evidence of this is seen through its antisatellite<br />
tests to counter U.S. military use of<br />
satellites for offensive behavior. 46 More<br />
specifically, evidence has also shown that<br />
Chinese hackers stole classified information in<br />
February 2012 about the technology behind<br />
the F-35 joint strike fighters. 47<br />
CHINESE STRATEGY<br />
Currently, China’s cyber strategy is an<br />
extension of its national security strategy. This<br />
36 Ibid.<br />
37 Ibid.<br />
38 “Foreign Spies Stealing US Economic Secrets in<br />
Cyberspace,” Counterintelligence Security, Office of<br />
the National Counterintelligence Executive, Report to<br />
Congress on Foreign Economic Collection and Industrial<br />
Espionage, 2009-2011 (October 2011).<br />
39 Ibid.<br />
40 “Cybersecurity: A list of significant cyber events<br />
since 2006,” Center for Strategic and International<br />
Studies (April <strong>2015</strong>).<br />
41 “Foreign Spies Stealing US Economic Secrets in<br />
Cyberspace,” Counterintelligence Security, Office of<br />
the National Counterintelligence Executive, Report to<br />
Congress on Foreign Economic Collection and Industrial<br />
Espionage, 2009-2011 (October 2011).<br />
42 Ibid.<br />
43 Testimony of Larry M. Wortzel, “Cyber Espionage<br />
and the Theft of US Intellectual Property and<br />
Technology,” before the House of Representatives,<br />
Committee on Energy and Commerce Subcommittee<br />
on Oversight and Investigations (July 9, 2013).<br />
44 “Foreign Spies Stealing US Economic Secrets in<br />
Cyberspace,” Counterintelligence Security, Office of<br />
the National Counterintelligence Executive, Report to<br />
Congress on Foreign Economic Collection and Industrial<br />
Espionage, 2009-2011 (October 2011).<br />
45 Ibid.<br />
46 Mark Lowenthal. Intelligence: From Secrets to Policy, 457.<br />
47 “Cybersecurity: A List of Significant Cyber Events<br />
Since 2006,” Center for Strategic and International<br />
Studies (April <strong>2015</strong>).<br />
44 <strong>Spring</strong> <strong>2015</strong> 44
is to maintain legitimacy of the Chinese<br />
Communist Party (CCP). It is likely China will<br />
resist ratifying an international legal<br />
framework to maintain legitimacy. The CCP<br />
maintains legitimacy by ensuring domestic<br />
stability, military modernization, economic<br />
growth, and territorial integrity. 48<br />
In order to become a better innovator<br />
of information and industry, Chinese<br />
domestic policy needs to focus on technology<br />
and science and the current leader in both<br />
technology and innovation is the U.S. It<br />
follows that China’s main targets are U.S.<br />
private companies, military, and government.<br />
Chinese economic espionage serves several<br />
purposes: political, military, and economic. 49<br />
China is simultaneously maintaining<br />
legitimacy, anticipating cyber conflict, and<br />
growing its economy. For these reasons, it is<br />
likely that China would use economic<br />
espionage as an integral tool for economic<br />
growth and other domestic policy objectives.<br />
Understanding that China seeks economic<br />
espionage for several reasons, mostly to<br />
maintain power and economic growth, is<br />
important in anticipating future U.S. targets.<br />
It has been argued that China is using<br />
economic espionage solely for military<br />
offensive strategy or economic growth. Either<br />
premise is too simplistic and overlooks the<br />
Chinese style of governance in the last<br />
century. As previously mentioned, a major<br />
objective of the CCP is to maintain its<br />
legitimacy. All policies, both domestic and<br />
foreign, are shaped by this priority of self-<br />
48 “Foreign Spies Stealing US Economic Secrets in<br />
Cyberspace,” Counterintelligence Security, Office of<br />
the National Counterintelligence Executive, Report to<br />
Congress on Foreign Economic Collection and Industrial<br />
Espionage, 2009-2011 (October 2011).<br />
49 James Lewis and Simon Hansen, “China’s<br />
cyberpower: International and Domestic Priorities,”<br />
Australian Strategic Policy Institute (November 12, 2014).<br />
preservation. 50 Because a major objective of<br />
the CCP is to maintain its political legitimacy,<br />
it is prone to using economic espionage to<br />
meet both objectives—military prowess and<br />
economic development, as both are important<br />
contributors to CCP’s legitimacy. The<br />
combination of military and economic growth<br />
is a stronger method of maintaining authority<br />
than either alone. The CCP has been in power<br />
for over eighty years, and has remained in<br />
power by maintaining political and economic<br />
stability. 51 Chinese President Xi Jingping has<br />
also emphasized the importance of cyber<br />
technology in China’s pursuit of power<br />
through the 2006 Informatization Plan, and in<br />
recent national security law drafted specifically<br />
to establish “systems of cyber and<br />
information security and national cyber<br />
sovereignty.” 52 This law highlights the<br />
importance of cyber technology and security<br />
for Xi and the CCP in maintaining legitimacy.<br />
Economic espionage is likely to continue to<br />
be a tool for that end.<br />
The U.S. does not have complete<br />
information about the motivations and<br />
patterns of Chinese economic espionage. This<br />
is because not every Chinese economic<br />
espionage attack has been successful or<br />
detected. 53 The limitations of the CCP cyber<br />
strategy is also unknown. Few public<br />
50 Amy Chang, “Warring State: China’s Cybersecurity<br />
Strategy,” Center for New American Security (December,<br />
2014).<br />
51 Beina Xu; Eleanor Albert, “The Chinese Communist<br />
Party: Backgrounders,” Council on Foreign Relations<br />
(November 17, 2014) ; Amy Chang, “Warring State:<br />
China’s Cybersecurity Strategy,” Center for New American<br />
Security (December 2014).<br />
52 “China defines overall national security outlook in<br />
draft law,” People’s Daily (April 20, <strong>2015</strong>).<br />
53 Testimony of Dr. Larry M. Wortzel before the<br />
House Armed Services Committee, “China’s Military<br />
Modernization and Cyber Activities,” Strategic Studies<br />
Quarterly 8, no. 1: 3-22. International Security and Counter<br />
Terrorism Reference Center (<strong>Spring</strong> 2014).<br />
45 <strong>Spring</strong> <strong>2015</strong> 45
documents exist on this secretive program. 54<br />
There are assumptions that the CCP would<br />
not steal information that could be seen as an<br />
act of war. Yet there is no evidence from the<br />
CCP or Xi if this assumption is accurate. The<br />
CCP may have its own unspoken rules about<br />
what to collect and what not to prioritize.<br />
This standard may be an understanding within<br />
the top leadership culture, not documented<br />
officially, and also kept secret.<br />
The highest priority for the Chinese<br />
government is maintaining domestic stability.<br />
If this were to change, China would be forced<br />
to focus on domestic rather than foreign<br />
policy. It is not likely that espionage acts<br />
would stop, but the attacks would decrease as<br />
focus is shifted to the domestic sphere and<br />
managing censorship or internal attacks. If<br />
China agrees to ratify an international legal<br />
framework, this might also alter the structure<br />
of China’s economic espionage units. China<br />
still believes it needs the information provided<br />
by its economic espionage units to modernize<br />
and grow, so again economic espionage would<br />
continue.<br />
CONCLUSION<br />
The aim of Chinese espionage has<br />
historically been to gain an economic edge<br />
over its competitors. Because espionage has<br />
been a relatively low-cost method to obtain<br />
important technology for economic<br />
development, and because China needs these<br />
technologies at its current level of<br />
development, it is likely that such economic<br />
espionage will continue. On the other hand,<br />
this paper has found that China has not used<br />
its stolen information for military aggression,<br />
although it targets military intelligence in both<br />
nuclear and satellite classified information. 55 It<br />
is unlikely China will have a major cyber-<br />
54 Amy Chang, “Warring State: China’s Cybersecurity<br />
Strategy,” Center for New American Security (December,<br />
2014).<br />
55 Ibid.<br />
attack on U.S. infrastructure that would cause<br />
wide scale disruption. 56 It is also unlikely<br />
China will use cyber warfare in the next three<br />
years unless it believes its vital interest, the<br />
political legitimacy of the CCP regime, is<br />
violated.<br />
FURTHER READINGS:<br />
Chang, Amy. “Warring State: China’s<br />
Cybersecurity Strategy.” Center for New<br />
American Security. December, 2014.<br />
“Cybersecurity: A List of Significant Cyber Events<br />
Since 2006.” Center for Strategic and<br />
International Studies, April <strong>2015</strong>.<br />
Mandiant Online. “APT1: Exposing One of<br />
China’s Cyber Espionage<br />
Units.” https://www.mandiant.com/resource<br />
s/mandiant-reports/.<br />
Segal, Adam. “Axiom and the Deepening Divide<br />
in the U.S – China Cyber Relations.” Council<br />
on Foreign Relations: Net Politics. October 29,<br />
2014.<br />
White House Online. “International Strategy for<br />
Cyberspace.” May 2011.<br />
http://www.whitehouse.gov/sites/default/fil<br />
es/rss_viewer/international_strategy_for_cyb<br />
erspace.pdf.<br />
Wong, Edward. “For China, Cybersecurity is Part<br />
of Strategy for Protecting the Communist<br />
Party.” The New York Times. December, 3,<br />
2014.<br />
56 Adam Segal, “The code not taken: China, the United<br />
States, and the future of cyber espionage,” Bulletin of the<br />
Atomic Scientists (2013).<br />
46 <strong>Spring</strong> <strong>2015</strong> 46
Reema Hibrawi is a Syrian-American with an<br />
international background having lived and<br />
studied in the Middle East, Europe, and the US.<br />
Her educational background includes a<br />
Bachelor's of Science in Business<br />
Administration with a focus in HR, and<br />
currently is pursuing a Master's of Arts in<br />
International Relations at New York University.<br />
Currently a corporate planning intern at the<br />
Council on Foreign Relations (CFR) her career<br />
goals include continuing to work on<br />
international affairs and project management<br />
within civil society and international<br />
organizations, or think tanks with a<br />
concentration on post-conflict development,<br />
and diplomacy and civil society.<br />
47 <strong>Spring</strong> <strong>2015</strong> 47
The Anti-Communist<br />
Myth<br />
A critical examination of<br />
aggregate U.S. foreign policy<br />
analysis of the Cold War<br />
Dylan Heyden<br />
With the exception of being<br />
located on the same continent,<br />
there are perhaps no two South<br />
American countries that are more different<br />
than Argentina and Bolivia. Still, in light of<br />
their differences it is quite common for<br />
scholars to lump the two together along<br />
with other South and Central American<br />
countries when analyzing U.S. foreign<br />
policy pertaining to Latin America. This<br />
tendency is most evident in scholarly<br />
analysis of the Cold War era that often<br />
frames U.S. foreign policy decisions as<br />
being exclusively anti-communist.<br />
This paper examines U.S. foreign<br />
policy toward Argentina and Bolivia during<br />
the presidential administration of Richard<br />
Nixon. It postulates that the U.S. support<br />
of a coup in Bolivia and lack thereof in<br />
Argentina indicate the administration’s<br />
nuanced approach in foreign policymaking.<br />
It also argues that anti-communism was<br />
only one of a variety of factors to influence<br />
U.S. interventions in the region. This<br />
analysis seeks to expand current views on<br />
the transitory nature of Richard Nixon’s<br />
presidency vis-à-vis the Cold War, and the<br />
calculative and meticulous nature of the<br />
Richard Nixon-Henry Kissinger foreign<br />
policy-making mechanism. To do so, the<br />
first section will provide background<br />
information about the issue at hand—<br />
aggregated analysis that paints U.S. policy<br />
in Latin America with a broad brush. The<br />
second section will explain the historical<br />
context of the U.S.-backed coup in Bolivia,<br />
and its precursors. The third section will<br />
highlight the parallel sociopolitical situation<br />
in Argentina and identify a few similarities.<br />
The concluding section demonstrates that<br />
because the purely anti-communist thesis<br />
breaks down in the comparison of just two<br />
case studies, nuanced analysis that focuses<br />
on individual countries is more apt to<br />
explain the variety of factors guiding U.S.<br />
foreign policy decisions during the Cold<br />
War era.<br />
BACKGROUND<br />
Argentina and Bolivia occupy the<br />
same continent, share an official<br />
language—Spanish—but have little else in<br />
common. The first, a particularly large<br />
country with a culture of tango, mate, and<br />
strong European roots, takes pride in its<br />
heritage of gauchos de La Pampa<br />
(romanticized “cowboys”), asados<br />
(barbecues), and contributions to Latin<br />
American literature. Argentina has an<br />
immense coastline, but its crown jewel is its<br />
vibrant capital city, Buenos Aires, which is<br />
often referred to as the Paris of South<br />
America. Bolivia, on the other hand, is<br />
landlocked (and has been since the 19 th<br />
century). This is in some ways analogous to<br />
its current geopolitical predicament—being<br />
backed into a corner by three major South<br />
American players: Chile, Argentina, and<br />
Brazil. Bolivia is also smaller both in area<br />
and population than most of its neighbors<br />
(inhabitants number 10.5 million whereas<br />
the Buenos Aires metro area alone boasts<br />
15 million). 1 The ethnic makeup of Bolivia,<br />
1 Central Intelligence Agency, “South America:<br />
Bolivia,” The World Factbook.<br />
https://www.cia.gov/llibrary/publications/theworld-factbook/geos/bl.html;<br />
Central Intelligence<br />
48 <strong>Spring</strong> <strong>2015</strong> 48
which is mostly indigenous, is also of stark<br />
contrast to the country’s paler Argentinian<br />
counterparts, and the people’s habit of<br />
choice is chewing coca leaves or steeping<br />
them in a tea as opposed to drinking mate.<br />
In spite of these differences, it is<br />
quite common for scholars to focus their<br />
analysis of the impacts of U.S. foreign<br />
policy on the region—grouping the two<br />
countries together along with other South<br />
American nations and even Mexico, the<br />
Caribbean, and Central America. This is<br />
especially true in the context of the Cold<br />
War. For instance, Peter H. Smith says of<br />
the period that:<br />
The United States sought to<br />
extend and consolidate its<br />
political supremacy<br />
throughout the hemisphere.<br />
Launching an anticommunist<br />
crusade, the United States<br />
institutionalized military and<br />
political alliances with the<br />
nations of the region [and]<br />
offered to collaborate with<br />
authoritarian regimes so long<br />
as they were anticommunist. 2<br />
He argues, “By the mid 1950s,<br />
Washington laid down policy lines that<br />
would continue through the 1980s.” 3<br />
Spanning nearly 44 years (1947-1991), any<br />
claims about “Latin American” history, or<br />
U.S. foreign policy with respect to the<br />
region during this time deserve a great deal<br />
more nuance. While the Cold War was a<br />
period often characterized by monolithic<br />
anti-communist foreign policy, U.S. foreign<br />
policy towards Latin America was much<br />
Agency “Country Comparison: GDP - per Capita<br />
(PPP),” The World Factbook.<br />
2 Peter H. Smith, Talons of the Eagle: Dynamics of U.S.-<br />
Latin American Relations (New York: Oxford UP,<br />
1996), 117.<br />
3 Ibid.<br />
more fluid, and varied from country to<br />
country. The goal of the United States for<br />
Latin America as early as the mid-1950s, as<br />
Smith identifies, was to mitigate the<br />
“communist threat”. 4 The strategies of<br />
doing so, however, and the value ascribed<br />
to this policy depended as much on the<br />
global and regional context as on the<br />
person sitting in the oval office. Even a<br />
blanket statement like the “threat of<br />
communism” does not take into<br />
consideration the continuum of populist<br />
and leftist movements that had to be<br />
evaluated by U.S. foreign policy makers for<br />
their viability as threats to the United<br />
States. Moreover, different U.S. officials<br />
would likely describe what constitutes a<br />
threat differently.<br />
Shrouded in mystery, due in part to<br />
the social peculiarities of both figures, the<br />
Nixon-Kissinger relationship with respect<br />
to U.S. foreign policy is often represented<br />
as quintessentially Cold War. Early in his<br />
presidency, Nixon was an anti-communist<br />
ideologue with the primary objective of<br />
stopping the spread of communism. 5<br />
Kissinger, however, was very much a<br />
product of the realist school of thought in<br />
international relations and viewed power<br />
and its maintenance and protection as<br />
being at the core of the pursuit of U.S.<br />
interests. It was ultimately Kissinger’s<br />
realist approach in the calculation of<br />
foreign policy that came to heavily<br />
influence Nixon. 6 The vision of the duo as<br />
manipulative architects, bending<br />
international actors to their will for the<br />
sake of an anti-communist crusade,<br />
4 Ibid.<br />
5 Larry Ceplair, Anti-communism in Twentieth-century<br />
America: A Critical History (Santa Barbara, CA:<br />
Praeger, 2011), 144.<br />
6 Foreign Relations of the United States, 1969–1976,<br />
Volume E-10, eds. Erin Mahan and Edward C.<br />
Keefer (Washington: Government Printing Office,<br />
2010), Preface.<br />
49 <strong>Spring</strong> <strong>2015</strong> 49
though, is overstated—at least insofar as<br />
the belief that they were motivated solely<br />
by the perception that communism as an<br />
ideology was an inherent danger. This is<br />
illustrated by the U.S. intervention in<br />
Bolivia and lack thereof in Argentina<br />
during the Nixon administration.<br />
In both Bolivia and Argentina there<br />
existed similar characteristics that would<br />
have satisfied the pretexts for intervention<br />
if ideology were the primary motivation.<br />
However, because the U.S. response to the<br />
situations in both countries proved to be<br />
more discerning, the “crusade against<br />
communism” thesis loses credibility.<br />
Instead, it is likely that ideology was not a<br />
primary concern. Rather, a confluence of<br />
factors influenced Nixon and Kissinger in<br />
their decision-making processes including<br />
economic interests, U.S. national security,<br />
and continued preeminence in the region.<br />
Insofar as the rise of popular politicians in<br />
Latin America threatened geopolitical<br />
order, Nixon-Kissinger policy sought to<br />
squash it. When less viable threats were<br />
identified, though, there existed more<br />
political and ideological liberty for Latin<br />
American leaders than many scholars<br />
identify.<br />
PRETEXTS TO THE BANZER<br />
REGIME IN BOLIVIA<br />
In April 1971, the United States<br />
supported a coup d’état in Bolivia that<br />
brought Hugo Banzer to power. The<br />
growing revolutionary fervor that justified<br />
this intervention in the eyes of the United<br />
States began with the non-democratic<br />
ascension of René Barrientos Ortuño to<br />
the presidency in 1964. He promised to<br />
realign Bolivia on the path of revolution<br />
that began in 1952 and later fizzled.<br />
Barrientos Ortuño believed that the<br />
previous 12-year regime of single party rule<br />
in the Nationalist Revolutionary Movement<br />
(MNR) had been led astray. 7 While<br />
Bolivia’s economy greatly benefited from<br />
Barrientos’ policies, he found few<br />
supporters particularly in the rural regions<br />
due to his continued efforts to subdue the<br />
labor force. After Barrientos’ untimely<br />
demise in 1969, General Alfredo Ovando<br />
Candia, who had been co-president with<br />
Barrientos until January 1966, assumed the<br />
presidency. 8<br />
Partially aligning himself with the<br />
populist contingent of the increasingly<br />
radical public, Ovando sought to end<br />
Bolivia’s favoritism of the U.S. by<br />
nationalizing Gulf Oil Company’s holdings.<br />
In a memo to the President dated<br />
September 26, 1969, Kissinger argued that<br />
Ovando’s presidency could threaten U.S.<br />
interests. In particular he stated that:<br />
Mining and oil<br />
investments…will<br />
undoubtedly be affected by<br />
the change of government.<br />
Gulf Oil, which has drawn<br />
fire in the Bolivian congress<br />
and press, will probably be<br />
the first to feel pressure at<br />
least in the form of requests<br />
for greater share of profits<br />
through higher taxes,<br />
royalties or creation of mixed<br />
companies. 9<br />
7 Dennis M. Hanratty & Rex A. Hudson, “A<br />
Country Study: Bolivia,” Country Studies, Library of<br />
Congress Federal Research Division, December<br />
1989.<br />
8 Ibid. The official story is that Barrientos died in a<br />
helicopter crash, but many of the details are still<br />
unknown. There is speculation that his death may<br />
have been part of some sort of plot, but this has not<br />
been proven.<br />
9 Foreign Relations of the United States, 1969–1976,<br />
Volume E-10, eds. Erin Mahan and Edward C.<br />
Keefer (Washington: Government Printing Office,<br />
2010), Document 79.<br />
50 <strong>Spring</strong> <strong>2015</strong> 50
While correctly predicting that Gulf Oil<br />
holdings would be compromised by regime<br />
change, Kissinger’s predictions of potential<br />
outcomes proved much less severe. After<br />
Ovando elected to nationalize Gulf Oil<br />
holdings, Kissinger mentioned in another<br />
memo to President Nixon, “nationalization<br />
of Gulf, the largest foreign investment, was<br />
in many ways a ‘revolutionary’ symbol and<br />
a watershed…The nationalistic<br />
elements…moved suddenly.” 10 Kissinger’s<br />
memo expresses concern for U.S.<br />
“interests,” in this case economic, and also<br />
a concern for “revolution” and<br />
“nationalism,” but neither are directly<br />
rooted in the threat of communism. In<br />
this way, the origins of what would become<br />
the deteriorating political situation in<br />
Bolivia were not of ideological concern at<br />
the onset. Only insofar as they led to<br />
policies in Bolivia that threatened U.S.<br />
private interests did Kissinger choose to<br />
highlight them.<br />
Over the course of his presidency,<br />
Ovando’s oscillation between populist and<br />
nationalist rhetoric, while in some instances<br />
courting the right, further polarized the<br />
country and the military. This paved the<br />
way for the coup against him and the<br />
emergence of José Torres González.<br />
Torres was a left-wing general who took an<br />
even more aggressive stance against the<br />
United States. Although at times, Kissinger<br />
alluded to the fact that Torres might have<br />
pursued a moderate course with U.S.<br />
support, and that members of Torres’<br />
cabinet were fairly moderate. 11 During this<br />
time, the U.S. pursued a policy of selling<br />
tin to Bolivia from the U.S. government’s<br />
stockpile, which ended indefinitely on<br />
April 9, 1971. 12 Torres’ response shortly<br />
after was “favorable” according to a note<br />
from Kissinger to Nixon. The memo<br />
states, “[Torres] said he valued cordial<br />
relations with the U.S. ‘more than with any<br />
other country’ and he took your action as a<br />
clear sign of the U.S. concern for Bolivia<br />
and for its problems.” 13 What remains<br />
unclear is what later provoked Torres to<br />
expel the Peace Corps from Bolivia.<br />
Regardless, a transcribed conversation<br />
from two months later illustrates Kissinger<br />
and Nixon’s concerns regarding Bolivia,<br />
and potentially orchestrating a coup. The<br />
text reads:<br />
(Kissinger): We are having a<br />
major problem in Bolivia,<br />
too… I’ve told Karamessines<br />
to crank up an operation<br />
post-haste…<br />
(Nixon): What does<br />
Karamessines think we need?<br />
A coup?<br />
(Kissinger): We’ll see what<br />
we can, whether—in what<br />
context. They’re going to<br />
squeeze us out in another<br />
two months. They’ve already<br />
gotten rid of the Peace<br />
Corps, which is an asset, but<br />
now they want to get rid of<br />
USIA and military people…<br />
(Nixon): Remember, we gave<br />
those goddamn Bolivians<br />
that tin. 14<br />
10 Foreign Relations of the United States, 1969–1976,<br />
Document 80.<br />
11 Foreign Relations of the United States, 1969–1976,<br />
Document 95.<br />
12 Foreign Relations of the United States, 1969–1976,<br />
Document 99.<br />
13 Foreign Relations of the United States, 1969–1976,<br />
Document 98.<br />
14 Foreign Relations of the United States, 1969–1976,<br />
Document 101.<br />
51 <strong>Spring</strong> <strong>2015</strong> 51
Weeks later, the CIA proposed potential<br />
covert actions that could be taken by the<br />
United States to topple the Torres regime.<br />
On August 19, 1971, NSC staffer Arnold<br />
Nachmanoff confirmed with Kissinger that<br />
opposition forces in the country’s capital,<br />
La Paz, were well aware of American<br />
support of a coup. 15 Ultimately, Colonel<br />
Hugo Banzer, who proved more favorable<br />
to U.S. interests, led a coup in August 1971<br />
that resulted in Torres’ exile.<br />
In light of all of this, the “dealing<br />
with the communist threat” paradigm<br />
seems nonexistent. The only mention of<br />
communism at all is Ambassador Ernest V.<br />
Siracusa’s remarks in June 1971 that failure<br />
to support opponents of the Torres<br />
regime, “might leave the door open for<br />
communists to gain yet another foothold in<br />
the Americas.” 16 Even so, the Ambassador<br />
mentions in a later memo that a coup may<br />
not be wise either, as the political climate<br />
of the situation is unstable, and a successful<br />
coup may simply result in the rise of<br />
another leftist leader. 17 In spite of this one<br />
remark, Nixon and Kissinger’s exchanges<br />
do not include any mention of<br />
communism. Therefore, in the context of<br />
Bolivia, the notion of a “communist<br />
crusade” is at best a secondary explanation.<br />
Compared to more significant U.S.<br />
interests like maintaining influential<br />
preeminence and the recuperation of<br />
financial losses due to the nationalization<br />
of various Bolivian industries, anticommunism<br />
was a less influential<br />
justification for the coup, if at all.<br />
Identifying the similarities and<br />
differences between the Bolivian<br />
experience during the Nixon<br />
15 Foreign Relations of the United States, 1969–1976,<br />
Document 107.<br />
16 Foreign Relations of the United States, 1969–1976,<br />
Document 76a.<br />
17 Foreign Relations of the United States, 1969–1976,<br />
Document 106.<br />
administration and the Argentinian<br />
experience until Nixon’s resignation in<br />
1974, illuminates the nuances of the<br />
Nixon-Kissinger approach to U.S. foreign<br />
policy and its break with the traditional<br />
understanding of U.S. policy toward the<br />
region.<br />
ARGENTINA: THE 1973 COUP<br />
THAT NEVER WAS<br />
Richard Nixon was elected in the<br />
U.S. just as the Argentinian Revolution<br />
celebrated its third year. The Argentinian<br />
president at the time, Juan Carlos Onganía,<br />
had come to power after a coup that<br />
ousted center-left president Arturo<br />
Umberto Illia. 18 The regime proved to be<br />
an oppressive one that greatly limited civil<br />
liberties. Public approval for Onganía and<br />
his successors Roberto Levingston and<br />
Alejandro Lanusse, who remained in power<br />
until 1973, were at an all-time low. At the<br />
same time, the Argentinian political system<br />
was significantly impacted by the legacy of<br />
former president Juan Domingo Perón. 19<br />
Perón, who was forced into exile in<br />
1955, served as president of Argentina for<br />
two terms (1946-1955). 20 A difficult<br />
political figure to categorize in terms of<br />
ideology, Perón was known as a president<br />
who favored labor groups like the General<br />
Confederation of Labor (CGT), but also<br />
cited his admiration for the fascist regimes<br />
of Europe that fought in World War II.<br />
After his numerous political successes, he<br />
became a hero among Argentinians in spite<br />
of his eighteen years in exile. In fact<br />
Argentinians loved him more because of it.<br />
In exile, Perón remained an active critic of<br />
the military regimes that replaced him and<br />
18 Robert A. Potash. The Army & Politics in Argentina<br />
(Stanford, CA: Stanford UP, 1969).<br />
19 Ibid.<br />
20 Joseph A. Page. Perón̤: A Biography (NY: Random<br />
House, 1983).<br />
52 <strong>Spring</strong> <strong>2015</strong> 52
continued to build relationships from his<br />
temporary home in Franco’s Spain. His<br />
legacy in Argentina was a new political<br />
ideology specific to the country’s politics<br />
called Peronism. 21 It drew from Peron’s<br />
ideas to create a “third way” in the Cold<br />
War context that avoided the two extremes<br />
of capitalism and communism. The<br />
nostalgia built around the figure of Perón<br />
among Argentinian society is what led<br />
organizations like the Peronist Armed<br />
Forces (FAP), Montoneros, and People’s<br />
Revolutionary Army (ERP) to launch<br />
radical campaigns in his name against the<br />
repressive regimes of the Onganía,<br />
Levingston, and Lanusse. 22 These groups<br />
resorted to acts of terror as a result of the<br />
worsening sociopolitical situation.<br />
Peronists were presumed responsible for<br />
the bombing of the Sheraton Hotel in<br />
Buenos Aires. 23 The Montoneros resorted<br />
to similar acts of terror: in 1970 they<br />
kidnapped and executed former anti-<br />
Peronist president, Pedro Eugenio<br />
Aramburu. 24 The ERP was also responsible<br />
for waves of bombings and arson attacks in<br />
the early 1970s. 25 Perón’s degree of<br />
connection with these groups remains<br />
disputed, but the emergence of these<br />
groups is demonstrative of an increasingly<br />
radical population during this period.<br />
Perón later returned to Argentina<br />
in 1973 after a return to democracy. He<br />
was banned from participating in the<br />
elections, but his selection for President,<br />
Héctor Cámpara won by a sizeable margin.<br />
The perspective of the U.S. State<br />
21 James P. Brennan. Peronism and Argentina<br />
(Wilmington, DE: SR, 1998).<br />
22 Thomas C. Wright, Latin America in the Era of the<br />
Cuban Revolution (New York: Praeger, 1991).<br />
23 “Peronists Blamed in Hotel Bombing," The Free<br />
Lance-Star, October 17, 1972.<br />
24 James Ciment, World Terrorism: An Encyclopedia of<br />
Political Violence from Ancient times to the Post-9/11 Era<br />
(Armonk, NY: M.E. Sharpe, 2011), 167.<br />
25 Ibid.<br />
Department on Perón’s return is difficult<br />
to ascertain as declassified documents end<br />
in 1972. A telegram from that year,<br />
however, predicts that a triumphant return<br />
of Perón would be a positive development<br />
for Argentina, even though Perón’s<br />
ideology influenced the emergence of<br />
militant leftist groups. 26 The Nixon<br />
administration ultimately did not elect to<br />
intervene in Argentina. This idea is a clear<br />
demonstration of the administration’s<br />
nuanced approach in the region.<br />
In Bolivia, for example, Nixon<br />
expressed his concerns with guerilla<br />
movements that threatened Bolivian<br />
stability, so much so that he asked the<br />
Central Intelligence Agency (C.I.A.)<br />
director to look into it further. 27 On the<br />
other hand, in Argentina with a growing<br />
number of insurgent groups, some steeped<br />
deeply in Marxist ideology, there exists no<br />
mention in declassified State Department<br />
documents of the risks to Argentinian<br />
security (and therefore U.S. national<br />
security and interests) that these groups<br />
posed. Within the report that favors the<br />
return of Perón, for example, there is no<br />
indication as to how Perón’s return might<br />
affect these groups and their operations.<br />
This lack of concern for the militant left in<br />
Argentina represents nuanced<br />
understanding that although high profile<br />
acts of terrorism were occurring, the<br />
country was ultimately not at risk of a<br />
takeover by the militant left as much as<br />
Bolivia. In addition, it represents a careful<br />
analysis of the aims of both types of armed<br />
militant groups. Those found in Bolivia<br />
threatened the country’s stability, and were<br />
largely led by Che Guevara, who had<br />
26 Foreign Relations of the United States, 1969–1976,<br />
Volume E-10, eds. Erin Mahan and Edward C.<br />
Keefer (Washington: Government Printing Office,<br />
2010), Document 76.<br />
27 Foreign Relations of the United States, 1969–1976,<br />
Document 92.<br />
53 <strong>Spring</strong> <strong>2015</strong> 53
already proven himself a successful<br />
commander in the realm of revolutionary<br />
uprisings. The FAP, ERP, and Montoneros<br />
in Argentina, however, were more likely<br />
associated with the fringes of the political<br />
system without any potential for complete<br />
disruption of the political order and the<br />
political system. Indeed, their violent<br />
actions were more reactionary than<br />
revolutionary.<br />
Additionally, Héctor José Cámpora<br />
decided to normalize diplomatic relations<br />
with Cuba immediately after his election.<br />
By this time Cuba was aligned with the<br />
Soviet bloc. The United States, however,<br />
took no recourse in Argentina. Therefore,<br />
it can be assumed that at the very least the<br />
U.S. tolerated Campora’s move. This<br />
supports the claim that the Nixon-<br />
Kissinger foreign policy mechanism was<br />
capable of acknowledging the fact that a<br />
country—at limited risk to communist<br />
insurgents—could successfully establish a<br />
relationship with another country under<br />
the Soviet umbrella while remaining<br />
outside of the Soviet sphere of influence.<br />
This calls into question the United<br />
States’ “global crusade against<br />
communism” thesis. If the U.S. had been<br />
concerned solely with the spread of the<br />
ideas of communism throughout Latin<br />
America, a different reality would have<br />
emerged. The U.S. would have been much<br />
less discriminate, eliminating any and all<br />
potential communist groups. This kind of<br />
indiscriminate squashing across the<br />
continent, however, is precisely what did<br />
not occur under Nixon. Similarly, a reversal<br />
of the proverb “the enemy of my enemy is<br />
my friend” to “the friend of my enemy is<br />
my enemy” would have been more<br />
apropos. 28 As Argentina normalized<br />
diplomatic relations with Cuba, the Nixon<br />
28 Kautạlya & L. N. Rangarajan. The Arthashastra<br />
(New Delhi: Penguin India, 1992).<br />
administration did not impose this<br />
doctrine. In this sense, the blanket of anticommunism<br />
and its application as the<br />
guiding principle behind all overt and<br />
covert foreign policy actions taken by the<br />
United States in Latin America—at least<br />
during the Nixon administration—has<br />
considerably lost steam.<br />
CONCLUSION<br />
The countries that make up Latin<br />
America have understandable similarities,<br />
yet this often causes scholars to group the<br />
entire region as a single bloc. The reality is<br />
each country has its own idiosyncrasies,<br />
and U.S. foreign policy during the Cold<br />
War, as it relates to Latin American<br />
countries, illustrates these distinct qualities.<br />
In addition to the fact that context is often<br />
considered in policymaking, the ways in<br />
which foreign policy is enacted also<br />
depends on the leadership involved.<br />
Looking strictly at one president, Richard<br />
Nixon, it has become clear that even within<br />
the same larger global context, there were<br />
no preordained indicators that would<br />
precipitate a certain type of response.<br />
Yet in examining both Bolivia and<br />
Argentina, there are some noteworthy<br />
similarities in their respective narratives<br />
during the Nixon period. For one, Torres<br />
and Perón were similar leaders in that their<br />
ideologies were complex and could not<br />
simply be described as communist,<br />
socialist, or Marxist. In some ways this<br />
made their behavior unpredictable,<br />
particularly in the case of Torres. Second,<br />
both countries were in a relative state of<br />
sociopolitical turmoil during their<br />
respective leaders’ times in power (in this<br />
case after Perón’s exile). Finally, both<br />
exhibited some degree of repudiation for<br />
the United States. In the case of Torres,<br />
this manifested itself through his expulsion<br />
of the Peace Corps and nationalization of<br />
54 <strong>Spring</strong> <strong>2015</strong> 54
different assets. With Perón, this was<br />
expressed through an adherence to a “third<br />
way” foreign policy by seeking to forge a<br />
nonalignment path between the U.S. and<br />
Soviet Union. The result in both countries,<br />
however, was entirely different; in Bolivia<br />
the U.S. orchestrated a coup, and in<br />
Argentina the U.S. pursued a policy of<br />
economic assistance.<br />
The specific rationale that lies<br />
behind each of these decisions is cryptically<br />
represented in declassified correspondence<br />
between Nixon and Kissinger, but what the<br />
discrepancy indicates is that U.S. foreign<br />
policy towards Latin America during the<br />
Nixon administration was more fluid than<br />
is typically understood in scholarship. In<br />
addition, what is commonly thought to be<br />
the unitary thread in all foreign policy<br />
decisions during the Cold War, the specter<br />
of communism, did not play a significant<br />
role in the United States’ decision to act in<br />
Bolivia or not to act in Argentina. Instead,<br />
it was a confluence of factors. These<br />
examples demonstrate the calculated nature<br />
of the Nixon-Kissinger foreign policy<br />
agenda. By separating just two countries<br />
that are often analyzed as components of<br />
the Latin American bloc, more detailed and<br />
complex insights begin to take shape. This<br />
is indicative of one of the many pitfalls of<br />
aggregate foreign policy analysis—that is<br />
characterizing U.S. foreign policy as being<br />
consistent toward certain regional,<br />
economic, or ideological groupings. The<br />
fact is this form of grouping lacks the sort<br />
of local context required to understand the<br />
intricate nature of the U.S. foreign policy<br />
making mechanism.<br />
DYLAN HEYDEN is a first year M.A. student in<br />
International Relations. He graduated magna<br />
cum laude from the University of San Diego in<br />
2013, with a B.A. in International Relations &<br />
Spanish. Some of his prior research experiences<br />
include working for the University of San Diego's<br />
Trans-Border Institute analyzing rule of law in<br />
Mexico and U.S.-Mexico relations, and traveling<br />
to Nicaragua as a USD Changemaker Scholar to<br />
pursue his senior thesis.<br />
55 <strong>Spring</strong> <strong>2015</strong> 55
An Appraisal of the Joint<br />
Development Approach<br />
to the South China Sea<br />
Dispute<br />
Prospects and Challenges<br />
Guan Hui Lee<br />
The issue of overlapping sovereign<br />
claims over land and maritime<br />
resources in the South China Sea has<br />
been a major source of conflict between<br />
China, 1 Vietnam, the Philippines, Malaysia,<br />
Brunei and Indonesia. This analysis examines<br />
aspects of the joint development approach as<br />
a conflict prevention tool in the South China<br />
Sea dispute. It first seeks to explain the<br />
underlying logic behind joint development<br />
and the reasons why the approach was able to<br />
come to fruition from 2005 to 2008, in the<br />
form of a Joint Marine Seismic Undertaking<br />
(JMSU) between the state-owned oil<br />
corporations of China, Vietnam and the<br />
Philippines. It then proceeds to explain why<br />
the joint development approach used from<br />
2005 to 2008 is neither likely to be applied nor<br />
sufficient to resolve the dispute at present,<br />
given the recent development of affairs in the<br />
region by the parties involved. The analysis<br />
concludes with three conditions that are<br />
necessary for joint development to be a<br />
realistic conflict management strategy in the<br />
South China Sea.<br />
1 Throughout the paper, use of the term “China”<br />
pertains to both the People’s Republic of China and the<br />
Republic of China (Taiwan).<br />
THE PROBLEM<br />
The dispute over sovereign rights in<br />
the South China Sea is a long-standing one.<br />
This chiefly concerns the sovereignty of the<br />
Paracels and the Spratly Islands, as well as the<br />
waters around them. The People’s Republic of<br />
China and the Republic of China (Taiwan)<br />
share a common perspective in this dispute,<br />
but so far only Beijing has been actively<br />
dispatching navy patrol boats to the region.<br />
China bases its claims on historical grounds—<br />
specifically from maps dating back to 1947<br />
during the Kuomintang period which contain<br />
an eleven-dash line maritime boundary that<br />
effectively includes almost all of the South<br />
China Sea. However, China has never<br />
established effective control over the full<br />
extent of their claim. To date, China only<br />
effectively controls the Paracels, which were<br />
forcibly taken over from Vietnam in 1974, 2<br />
and parts of the Spratly Island group.<br />
However, the largest land feature in the<br />
Spratlys, Itu Aba, has always been<br />
administered by Taipei and not Beijing. 3<br />
Despite this, in May 2009, Beijing formally<br />
submitted a map with a nine-dash line 4 to the<br />
UN Commission on the Limits of the<br />
Continental Shelf (CLCS), defining areas<br />
included in the 1947 maps as “historic<br />
2 Congressional Research Service (CRS), “Maritime<br />
Territorial Disputes in East Asia: Issues for Congress,”<br />
CRS R42930, 23 January 2013.<br />
3 Ralf Emmers, “The Changing Power Distribution in<br />
the South China Sea: Implications for Conflict<br />
Management and Avoidance,” Political Science 62, No.<br />
118 (2010).<br />
4 Beijing revised the original eleven-dash line into a<br />
nine-dash line under Zhou Enlai after 1949. Claimed<br />
areas implied by both versions have remained<br />
essentially unchanged.<br />
56 <strong>Spring</strong> <strong>2015</strong> 56
waters.” 5 The nine-dash line not only includes<br />
all of the Paracels and the Spratlys, but also<br />
overlaps with Brunei’s claim of Louisa Reef,<br />
and reaches as far south as the eastern waters<br />
of Natuna Island, to which Indonesia stakes a<br />
claim. 6 Vietnam likewise lays claim to the<br />
Paracels and the Spratlys on both a historical<br />
basis and on current effective control (it<br />
controls 21 of the Spratly Islands). Malaysia,<br />
on the other hand, bases its claims on the<br />
natural prolongation of its continental shelves<br />
off Peninsula Malaysia and Borneo, which<br />
leads it to claim the southern islands in the<br />
Spratly archipelago. 7 In 2009, Vietnam and<br />
Malaysia submitted a joint claim to UN CLCS<br />
on areas of the South China Sea beyond their<br />
200 nautical mile exclusive economic zones<br />
(EEZ). It was believed that this sparked<br />
China’s response in the form of the nine-dash<br />
line. In June 2012, Vietnam’s National<br />
Assembly passed a Maritime Law that lays<br />
down formal claims to the Paracels and the<br />
Spratlys. 8<br />
Lastly, the Philippines’ claim is based<br />
on contiguity of the continental shelf, and a<br />
1978 Presidential Decree that declared<br />
sovereignty over what was called the<br />
“Kalayaan Island Group” (KIG), which<br />
5 Sam Bateman, “Regime building in the South China<br />
Sea— Current Situation and Outlook,” Australian<br />
Journal of Maritime and Ocean Affairs 3, No. 1 (2011), p.<br />
29.<br />
6 Thao Nguyen Hong and Ramses Amer, “A New<br />
Legal Arrangement for the South China Sea?” Ocean<br />
Development and International Law No. 40 (2009).<br />
7 Thao Nguyen Hong and Ramses Amer, “A New<br />
Legal Arrangement for the South China Sea?” Ocean<br />
Development and International Law No. 40 (2009).<br />
8 Congressional Research Service (CRS), “Maritime<br />
Territorial Disputes in East Asia: Issues for Congress,”<br />
CRS R42930, 23 January 2013.<br />
includes the east and northeast parts of the<br />
Spratlys. 9 The Philippines and China also<br />
compete over the sovereignty of Scarborough<br />
Shoal, a 150 square kilometers shoal that is<br />
situated to the northeast of the Spratlys. In<br />
terms of effective control, the Philippines<br />
currently occupies eight islands in the eastern<br />
Spratlys that were considered terra nullius. 10<br />
Fig. 1: Map of the South China Sea showing disputed<br />
claims by various countries, including PRC’s/ROC’s<br />
“nine-dash line” (Congressional Research Service<br />
(CRS), “Maritime Territorial Disputes in East<br />
Asia: Issues for Congress.” CRS R42930, 23<br />
January 2013)<br />
There are several elements of this<br />
dispute that are relevant to conflict<br />
management approaches. First, the South<br />
China Sea dispute is a complex web of<br />
bilateral and multilateral disputes. Some<br />
islands, like the Spratly Island group, are<br />
contested by China, Taiwan, the Philippines,<br />
Malaysia and Vietnam to various extents,<br />
whereas other islands, like the Paracels, are<br />
9 Leszek Buszynski, “The South China Sea Maritime<br />
Dispute: Legality, Power, and Conflict Prevention,”<br />
Asian Journal of Peacebuilding 1, No. 1 (2013).<br />
10 Ibid, 6.<br />
57 <strong>Spring</strong> <strong>2015</strong> 57
essentially just part of a bilateral dispute<br />
between China and Vietnam. This complicates<br />
conflict management because each friction<br />
point will then have to be dealt with<br />
individually, as not all countries have a stake<br />
(or an equal stake) in all of the disputed<br />
territories.<br />
Second, a major point of contention<br />
lies in whether some of the islands in question<br />
are legally recognized as “islands,” which are<br />
entitled to their own 200-mile EEZs, or<br />
whether they are merely “rocks,” which are<br />
given only 12nm territorial sea. 11 According to<br />
UN Convention on the Law of the Sea<br />
(UNCLOS) Article 21, Paragraph 3, “rocks<br />
which cannot sustain human habitation or<br />
economic life of their own shall have no<br />
exclusive economic zone or continental<br />
shelf.” 12 On this issue, China firmly believes<br />
that the islands in question are undeniably<br />
“islands” in the legal sense and hence generate<br />
their own EEZs, even though some of these<br />
islands are fully submerged at high tide and<br />
are incapable of sustaining economic life.<br />
Third, because not all countries have<br />
defined the boundaries of their claims in an<br />
official legal manner, UNCLOS cannot be<br />
used to resolve the existing disputes.<br />
UNCLOS stipulates that “countries with<br />
overlapping claims must resolve their claims by<br />
good faith negotiations,” 13 but with claims<br />
from each party not having been defined<br />
precisely, UNCLOS cannot be properly<br />
applied to the South China Sea situation.<br />
Moreover, China made a statutory declaration<br />
on 25 August 2006 to the UN Secretary<br />
General that it would not accept any<br />
international court or arbitration in disputes<br />
over sea delimitation or territory. 14 This means<br />
that the option of international arbitration as a<br />
conflict resolution tool is essentially a nonstarter.<br />
Competition over energy resources<br />
has been identified as a key driving force<br />
behind the current dispute. A preliminary<br />
Chinese survey in 1989 estimated that the<br />
Spratlys held deposits of 25 billion cubic<br />
meters of natural gas and 105 billion barrels<br />
of oil. 15 The US and Russia reported much<br />
lower estimates in their own surveys (15.8<br />
billion and 7.5 billion barrels of oil,<br />
respectively), but even those numbers serve to<br />
prove that the potential oil and gas resources<br />
under the South China Sea are extremely<br />
tempting to countries that border it. If<br />
resource exploitation is indeed a core<br />
underlying objective of the South China Sea<br />
claimants, one conflict management approach<br />
could be to reframe the issue from one of<br />
sovereignty to one of joint resource<br />
development and management. The next<br />
section examines the logic behind joint<br />
development in conflict management<br />
literature, and the brief use of this approach<br />
from 2005 to 2008 in the Spratlys by China,<br />
Vietnam and the Philippines, in the form of a<br />
tripartite agreement — Joint Marine Seismic<br />
Undertaking (JMSU).<br />
11 Thao Nguyen Hong and Ramses Amer, “A New<br />
Legal Arrangement for the South China Sea?” Ocean<br />
Development and International Law No. 40 (2009), p. 340.<br />
12 Ralf Emmers, “The Prospects for Managing and<br />
Resolving Conflict in the South China Sea,” Harvard<br />
Asia Quarterly XII (3&4) (Winter 2010), p. 16.<br />
13 Ibid, italics mine.<br />
14 David Scott, “Conflict Irresolution in the South<br />
China Sea,” Asian Survey 52, No. 6 (Nov/Dec 2012), p.<br />
1022.<br />
15 Craig Snyder, “The Implications of Hydrocarbon<br />
Development on the South China Sea,” International<br />
Journal 52, No. 1 (Winter 1996/1997).<br />
58 <strong>Spring</strong> <strong>2015</strong> 58
THE LOGIC OF JOINT<br />
DEVELOPMENT AND ITS<br />
APPLICATION IN THE SOUTH<br />
CHINA SEA<br />
The theory and practice of conflict<br />
management is replete with notions of joint<br />
development. William Zartman makes an<br />
oblique reference to joint development when<br />
he notes that the key to successful preventive<br />
diplomacy is using the right tactics to change<br />
relevant stakes and attitudes. 16 According to<br />
him, preventive diplomacy should change the<br />
perception of stakes from zero-sum to<br />
positive sum, and the attitude of conflict<br />
parties from conflictual to accommodative. In<br />
the case of territorial disputes, Zartman<br />
asserts that preventive diplomacy should shift<br />
the nature of claims from territorial<br />
possession to “some lesser form of<br />
concern.” 17 In the case of the South China<br />
Sea, viewing the conflict as a joint<br />
development puzzle instead of a zero-sum<br />
sovereignty contest addresses the issue of<br />
access to resources that sovereignty claims are<br />
presumed to entail. In addition, it also avoids<br />
stoking fear in non-claimant countries like<br />
Japan, India and the US, who would be<br />
concerned about freedom of navigation in the<br />
South China Sea if the dispute were to be<br />
framed as a sovereignty issue.<br />
Zou Keyuan defines the<br />
characteristics of joint development with a<br />
definition given by the British Institute of<br />
International and Comparative Law:<br />
16 William I. Zartman, Preventive Negotiation: Avoiding<br />
Conflict Escalation (Lanham: Rowman and Littlefield,<br />
2001), p. 7.<br />
17 Ibid, p. 12.<br />
(a) is an arrangement between two<br />
countries; 18<br />
(b) is usually concerned with an<br />
overlapping maritime area;<br />
(c) can be used as a provisional<br />
arrangement pending the settlement of<br />
the boundary delimitation disputes<br />
between the countries concerned;<br />
(d) is designed to jointly develop the<br />
mineral resources in the disputed area or<br />
a defined area shared by two countries. 19<br />
This is particularly useful to the South<br />
China Sea because joint development does<br />
not pay attention to boundary delimitation<br />
claims among disputants. Hence, countries<br />
that participate in joint development need not<br />
worry about the possibility of having their<br />
sovereignty claims weakened. 20<br />
Sam Bateman defines joint<br />
development as “a functional approach that<br />
exploits the common interests of claimant<br />
countries,” 21 and lists steps by which joint<br />
development can be achieved: identifying a<br />
particular function to cooperate in; defining<br />
the area of joint development; finding a<br />
formula to share costs and resources;<br />
establishing a management body. Craig Snyder<br />
further explains what these “common<br />
interests” may be. Commercial benefits and<br />
18 This is because there has yet been an ongoing, fully<br />
functional multilateral joint development arrangement<br />
that has been established in international law.<br />
19 Zou Keyuan, “Joint Development in the South<br />
China Sea: A New Approach,” The International Journal of<br />
Marine and Coastal Law 21, No. 1 (2006), p. 90.<br />
20 Mark J. Valencia, “In Response to Robert Beckman,”<br />
RSIS Commentaries 53 (2007).<br />
21 Sam Bateman, “Regime building in the South China<br />
Sea— Current Situation and Outlook,” Australian<br />
Journal of Maritime and Ocean Affairs 3, No. 1 (2011), p.<br />
30.<br />
59 <strong>Spring</strong> <strong>2015</strong> 59
technology transfer, according to him, can be<br />
strong incentives for countries to engage in<br />
joint development. He asserts that if “the<br />
desire to develop hydrocarbon resources<br />
outweighs the desire to win a boundary<br />
dispute,” 22 a joint development agreement is<br />
an inherently feasible conflict resolution tool.<br />
There have been instances where joint<br />
development was used in Southeast Asia to<br />
mitigate resource disputes. The Timor Gap<br />
Treaty in 1989 between Indonesia and<br />
Australia was an extensive case of joint<br />
development, where both countries<br />
established twelve separate joint development<br />
zones for each area of overlapping claims in<br />
the Timor Sea. 23 Malaysia and Thailand agreed<br />
in 1990 to a Joint Development area to<br />
manage natural gas reserves in disputed waters<br />
in the Gulf of Thailand. 24 In 1992, Vietnam<br />
and Malaysia signed a memorandum of<br />
understanding over oil exploration and<br />
production in the Gulf of Thailand. 25<br />
The 2005 JMSU was the first attempt<br />
at a multilateral joint development agreement<br />
in the South China Sea. Instead of a<br />
government-level memorandum of<br />
understanding, it was a commercial agreement<br />
between the state-owned oil corporations of<br />
China, Vietnam and the Philippines —<br />
CNOOC, PetroVietnam, and PNOC-EC,<br />
respectively. 26 JMSU dictated protocols with<br />
regard to seismic exploration of hydrocarbons<br />
in specific parts of the South China Sea, and<br />
stated that the three parties “jointly owned”<br />
data and information acquired through such<br />
seismic work. 27 However, after “the<br />
Philippines… ha[d] made breathtaking<br />
concessions in agreeing to the area of study,<br />
including parts of its own continental shelf<br />
not even claimed by China and Vietnam,” 28<br />
Philippine legislators protested against the<br />
continuation of JMSU, claiming that JMSU<br />
did not conform to Philippine state laws on<br />
oil exploration within Philippine territory. The<br />
agreement was hence allowed to expire in July<br />
2008.<br />
Although no actual exploitation was<br />
conducted under JMSU, the seismic surveys<br />
conducted under JMSU would qualify as joint<br />
development. After JMSU expired in 2008,<br />
the Philippines under President Benigno<br />
Aquino suggested a similar proposal — Zone<br />
of Peace, Freedom, Friendship and<br />
Cooperation (ZoPFFC). Alluding to the<br />
concept of joint development, the ZoPFFC<br />
proposed by the Philippines would<br />
“segregate” disputed areas from non-disputed<br />
areas, and “establish a joint agency to manage<br />
seabed resources and fisheries” in the<br />
22 Craig Snyder, “The Implications of Hydrocarbon<br />
Development on the South China Sea,” International<br />
Journal 52, No. 1 (Winter 1996/1997), p. 152.<br />
23 Zou Keyuan, “Joint Development in the South<br />
China Sea: A New Approach,” The International Journal of<br />
Marine and Coastal Law 21, No. 1 (2006), p. 96.<br />
24 David Scott, “Conflict Irresolution in the South<br />
China Sea,” Asian Survey 52, No. 6 (Nov/Dec 2012), p.<br />
1040.<br />
25 Craig Snyder, “The Implications of Hydrocarbon<br />
Development on the South China Sea,” International<br />
Journal 52, No. 1 (Winter 1996/1997), p. 154.<br />
26 Thao Nguyen Hong and Ramses Amer, “A New<br />
Legal Arrangement for the South China Sea?” Ocean<br />
Development and International Law No. 40 (2009), p. 343.<br />
27 Christina E. Tecson, “Exploring Exploration: Fitting<br />
the Joint Marine Seismic Undertaking and Oil<br />
Exploration Laws into the Mold of Section 2, Article<br />
XII of the 1987 Constitution,” Ateneo Law Journal 55,<br />
No. 149 (2010), p. 187.<br />
28 Barry Wain, “Manila’s Bungle in the South China<br />
Sea,” Far Eastern Economic Review 171 (January/February<br />
2008), p. 45.<br />
60 <strong>Spring</strong> <strong>2015</strong> 60
disputed areas. 29 However, this idea did not<br />
come to fruition because the boundaries<br />
claimed by each country have not all been<br />
precisely defined, and hence it is impossible to<br />
delineate ‘disputed areas’ from ‘non-disputed<br />
areas.’ 30 Moreover, China’s stance was<br />
extremely critical of the Philippines’ proposal,<br />
as the state-run media called it a “trick<br />
designed to encourage the United States to<br />
meddle in the South China Sea.” 31<br />
THE LOW LIKELIHOOD OF<br />
JOINT DEVELOPMENT IN<br />
TODAY’S CONTEXT<br />
Given the ostensible benefits of joint<br />
development in the South China Sea, why has<br />
there not been sustainable progress in that<br />
direction? This paper argues that the current<br />
political conditions in the South China Sea<br />
have not met the prerequisites of the joint<br />
development approach to become a<br />
sustainable solution for the region.<br />
Specifically, this paper will discuss three key<br />
reasons that present as obstacles to joint<br />
development: (1) the growing power<br />
asymmetry between the disputants; (2) the<br />
lack of an institutionalized mechanism to<br />
enforce and regulate joint development, in<br />
particular the inability of ASEAN to fill that<br />
capacity; (3) the association with identity<br />
politics and nationalism.<br />
First, the growing power asymmetry in<br />
China’s favor strengthens the notion of a<br />
29 Ian Storey, “ASEAN and the South China Sea:<br />
Movement in Lieu of Progress,” China Brief 12, No. 9<br />
(27 April 2012).<br />
30 Congressional Research Service (CRS), “Maritime<br />
Territorial Disputes in East Asia: Issues for Congress,”<br />
CRS R42930, 23 January 2013, p. 12.<br />
31 Ibid 28, p. 10.<br />
security dilemma. From 2000 to 2011, China<br />
has increased its announced defense budget<br />
by an average of 11.8 percent annually. 32 The<br />
PLA Navy has also expanded a major base on<br />
Hainan Island for submarines and vessels,<br />
signaling its increasing military presence in the<br />
South China Sea. China’s actions naturally<br />
alarmed its Southeast Asian neighbors, who<br />
have also started strengthening their military<br />
capabilities, thus raising the specter of a<br />
security dilemma. Vietnam, for example,<br />
announced in 2010 its purchase of six Russian<br />
Kilo-class submarines. 33<br />
As a result of the growing asymmetry<br />
in military forces, there is a prevailing<br />
perception among the Southeast Asian<br />
disputants that China is seeking to gain<br />
control over the disputed islands by force.<br />
Recent actions taken by the Chinese in the<br />
region have lent credence to this perception.<br />
For instance, Vietnam has alleged on several<br />
occasions that Chinese maritime surveillance<br />
vessels have severed the exploration cables of<br />
Vietnamese survey ships. 34 The 2012<br />
Scarborough Shoal standoff between China<br />
and the Philippines further indicates the<br />
tendency for military presence in the region to<br />
escalate the conflict. The Chinese motivation<br />
behind these actions is presumably to<br />
strengthen its hand on legal grounds. Since<br />
“first discovery” is not a sufficient basis to<br />
32 Congressional Research Service (CRS), “Maritime<br />
Territorial Disputes in East Asia: Issues for Congress,”<br />
CRS R42930, 23 January 2013.<br />
33 Ralf Emmers, “The Changing Power Distribution in<br />
the South China Sea: Implications for Conflict<br />
Management and Avoidance,” Political Science 62, No.<br />
118 (2010).<br />
34 Leszek Buszynski, “The South China Sea Maritime<br />
Dispute: Legality, Power, and Conflict Prevention,”<br />
Asian Journal of Peacebuilding 1, No. 1 (2013).<br />
61 <strong>Spring</strong> <strong>2015</strong> 61
claim legal sovereignty, China has been<br />
attempting to establish ‘administrative and<br />
physical’ control over the disputed islands in<br />
order to demonstrate sovereignty. To illustrate<br />
a case in point, Indonesia lost an International<br />
Court arbitration against Malaysia over the<br />
Ligitan and Sipadan islands in 2002 because it<br />
failed to protest the construction of<br />
lighthouses by Malaysia since 1963. 35<br />
The absence of a security guarantee to<br />
the weaker parties of the South China Sea<br />
dispute is inimical to the joint development<br />
approach. The logic of joint development<br />
assumes adequate ‘goodwill’ between the<br />
disputants to negotiate and follow rules<br />
established by a certain joint development<br />
agreement. However, without a security<br />
guarantee, weaker parties are not sufficiently<br />
assured that the stronger parties are<br />
committed to a joint development approach,<br />
since it may be feasible for the stronger<br />
parties to achieve complete victory by<br />
exercising military force. In fact, China’s<br />
actions post-JMSU have fed perceptions<br />
contrary to the spirit of joint development.<br />
Second, there is a notable lack of a<br />
supranational authority to establish and<br />
enforce the terms of joint development. The<br />
Association of Southeast Asian Nations<br />
(ASEAN), a potential candidate in this regard,<br />
has been particularly unhelpful so far. Because<br />
ASEAN’s operations rely on an informal style<br />
of diplomacy and consensus building, it is<br />
often considered too weak to institutionalize<br />
negotiations under a joint development<br />
framework, let alone enforce the terms of a<br />
35 Thao Nguyen Hong and Ramses Amer, “A New<br />
Legal Arrangement for the South China Sea?” Ocean<br />
Development and International Law No. 40 (2009).<br />
possible joint development outcome. 36 Huge<br />
disagreements between ASEAN states have<br />
also impeded the viability of ASEAN to enter<br />
as an impartial actor in this dispute.<br />
Cambodia, in particular, adopts the Chinese<br />
stance on this issue, and rejects any<br />
“institutionalization” of the South China Sea<br />
dispute. 37 Opinion among ASEAN members<br />
on this issue has been so divisive that the<br />
2012 ASEAN Foreign Ministers Meeting,<br />
chaired by Cambodia, failed to produce a joint<br />
communiqué because of major disagreements<br />
over a unified stance on the issue.<br />
Because there is no suitable candidate<br />
to administer joint development agreements<br />
on the South China Sea issue, it is difficult to<br />
envision joint development on the issue going<br />
beyond the level achieved by JMSU. It is<br />
important to note here that JMSU succeeded<br />
in part because it was a commercial<br />
agreement, which entailed that it did not<br />
invoke the application of international law<br />
that regulates interstate behavior. Important<br />
details of joint development, such as the<br />
delimitation of the joint development area,<br />
taxation of revenues generated by joint<br />
development, and a dispute settlement<br />
mechanism, cannot be established without the<br />
institution of a governing body. Without a<br />
governing body, countries can jeopardize<br />
existing joint development agreements<br />
according to their individual state interests.<br />
Third, the emphasis on a nationalistic<br />
element to the South China Sea dispute post-<br />
36 Ioana-Bianca Berna, “Managing Intra-Regional<br />
Conflicts in Southeast Asia: The Case of the South<br />
China Sea,” Journal of Defense Resource Management 4, No.<br />
2 (2014).<br />
37 Ian Storey, “ASEAN and the South China Sea:<br />
Movement in Lieu of Progress,” China Brief 12, No. 9<br />
(27 April 2012), p. 12.<br />
62 <strong>Spring</strong> <strong>2015</strong> 62
JMSU has demonstrated that the conflict is<br />
still being viewed through the lens of national<br />
sovereignty. As mentioned earlier, the premise<br />
of joint development is to induce perceptual<br />
change in disputants, from viewing the<br />
conflict as a zero-sum sovereignty contest to a<br />
positive-sum resource allocation problem.<br />
However, the prominence of nationalistic<br />
sentiment on the issue in recent years has<br />
invited the participation of the general public<br />
in the various claimant countries, and<br />
effectively escalated the conflict. At present,<br />
the prospects of successful joint development<br />
are dim, because of the association of the<br />
sovereignty claims with national pride, which<br />
has increasingly solidified the framing of the<br />
problem as that of national sovereignty<br />
instead of resource allocation. To name a<br />
precedent, the joint development agreement<br />
between China and Japan on the<br />
Chunxiao/Shirakaba gas fields in 2008 has<br />
been jettisoned by nationalistic Chinese public<br />
opinion, which deemed the agreement as<br />
“betraying the national interests and forfeiting<br />
China’s sovereignty.” 38<br />
Aside from this, the professional<br />
autonomy of the PLA Navy allows it to frame<br />
its own operating goals within the broad<br />
policy parameters set by the Chinese<br />
leadership. 39 This means that there is a side<br />
incentive for the Chinese military to pursue<br />
the South China Sea dispute as a national<br />
sovereignty issue to an extent that may be<br />
outside the control of the Chinese leadership<br />
bureaucracy.<br />
38 Thao Nguyen Hong and Ramses Amer, “A New<br />
Legal Arrangement for the South China Sea?” Ocean<br />
Development and International Law No. 40 (2009), p. 344.<br />
39 Leszek Buszynski, “The South China Sea Maritime<br />
Dispute: Legality, Power, and Conflict Prevention,”<br />
Asian Journal of Peacebuilding 1, No. 1 (2013).<br />
The idea of a joint development<br />
approach cannot move forward when national<br />
sovereignty is regarded by conflict parties as<br />
their utmost priority. In fact, the JMSU failed<br />
to be a sustainable solution because there is a<br />
strong tendency among claimants that joint<br />
development “should not be attempted in an<br />
area which a claimant believes to be its own,<br />
and should only be attempted in areas outside<br />
its claims.” 40 A ‘without prejudice’ clause<br />
seems to be a precondition for joint<br />
development. Without the provision of such a<br />
clause, any attempt to cooperate will be seen<br />
as a ‘sell-out’ on a disputant’s sovereignty<br />
claims. 41<br />
STEPS TO ENHANCE THE<br />
FEASIBILITY OF AN EVENTUAL<br />
JOINT DEVELOPMENT<br />
APPROACH<br />
The first two obstacles outlined in the<br />
previous section point to the need of an<br />
institutionalized regime to act as a security<br />
guarantee for conflict parties to participate in<br />
joint development. For that to be a reality,<br />
claimant countries need to “freeze” their<br />
existing territorial claims and commit to the<br />
concept of joint development. 42 The<br />
purported rationale behind China’s increased<br />
military assertiveness in the South China Sea<br />
is that it sees room for conflict escalation at<br />
40 Zou Keyuan, “Joint Development in the South<br />
China Sea: A New Approach,” The International Journal of<br />
Marine and Coastal Law 21, No. 1 (2006), p. 102.<br />
41 Mark J. Valencia, “In Response to Robert Beckman,”<br />
RSIS Commentaries 53 (2007).<br />
42 Ralf Emmers, “The Changing Power Distribution in<br />
the South China Sea: Implications for Conflict<br />
Management and Avoidance,” Political Science 62, No.<br />
118 (2010), p. 131.<br />
63 <strong>Spring</strong> <strong>2015</strong> 63
little cost to itself. However, one could also<br />
note that there are limits to such behavior, as<br />
China is aware of its dependence on regional<br />
and international economic order, and hence<br />
would not at present ‘cross the Rubicon’ by<br />
attempting to militarily force a resolution of<br />
this dispute in its favor. Judging from this<br />
fact, increased military balancing by the<br />
United States may force China to reevaluate<br />
its costs and benefits from its current actions<br />
and hence induce a more amenable position in<br />
China. However, there is also the danger of<br />
descending into a brinkmanship contest that<br />
results in further escalation of the conflict.<br />
Therefore, a delicate balance of military and<br />
diplomatic measures needs to be carried out<br />
on the part of the United States.<br />
Zou suggests the establishment of a<br />
supranational “Spratly Management<br />
Authority” to regulate joint development in<br />
the Spratly Islands. 43 In particular, he points<br />
out that Rifleman Bank is an ideal place to<br />
begin joint development, as it falls outside the<br />
200-mile EEZ of Vietnam, outside the<br />
continental shelf limits of Brunei and<br />
Malaysia, and outside of the Philippine claim<br />
of the “Kalayaan Island Group.” This is,<br />
nevertheless, subject to China’s and Vietnam’s<br />
‘compromise’, as Vietnam currently occupies<br />
Rifleman Bank, whereas China claims<br />
sovereignty over it. Mark Valencia et al. also<br />
proposes a regional organization that “grants<br />
permits for exploration and joint<br />
development, and would direct financial<br />
resources of claimants into a common fund to<br />
promote joint exploration efforts.” 44<br />
43 Ibid 39, p. 96.<br />
44 Leszek Buszynski, “The South China Sea Maritime<br />
Dispute: Legality, Power, and Conflict Prevention,”<br />
Asian Journal of Peacebuilding 1, No. 1 (2013), p. 55.<br />
These proposals seem far-fetched<br />
without the appropriate change in perceptions<br />
of stakes and attitudes. More support can be<br />
given to official or Track II workshops that<br />
discuss the establishment of functional<br />
frameworks on the South China Sea issue. For<br />
example, Indonesia has hosted informal<br />
Workshops on Managing Potential Conflicts<br />
in the South China Sea (SCSW) since the early<br />
1990s. 45 The Council for Security Cooperation<br />
in the Asia Pacific (CSCAP) Study Group on<br />
Maritime Security has also been a informal<br />
multilateral platform where representatives<br />
from each country have highlighted issues<br />
indicative of their country’s main concerns in<br />
the South China Sea dispute, including<br />
information sharing and law enforcement. 46<br />
While ASEAN may not be the ideal regional<br />
organization to preside over this dispute, it<br />
can contribute to confidence building<br />
measures (CBMs) on an official level, such as<br />
in maritime security dialogues under the<br />
ASEAN Regional Forum or the ASEAN<br />
Defense Ministers’ Meeting Plus (ADMM+). 47<br />
Nguyen Dang Thang advocates that joint<br />
development can adopt a neo-functionalist<br />
approach, first taking place in a fisheries<br />
arrangement before proceeding to an oil and<br />
gas arrangement, with the latter considered as<br />
45 Mikael Weissmann, “The South China Sea Conflict<br />
and Sino-ASEAN Relations: A Study in Conflict<br />
Prevention and Peace Building,” Asian Perspectives 34,<br />
No. 3 (2010).<br />
46 Council for Security Cooperation in the Asia Pacific<br />
(CSCAP), “1st Meeting of the CSCAP Study Group on<br />
Maritime Security,” Australian Journal of Maritime and<br />
Ocean Affairs 5, No. 2 (2013).<br />
47 Ioana-Bianca Berna, “Managing Intra-Regional<br />
Conflicts in Southeast Asia: The Case of the South<br />
China Sea,” Journal of Defense Resource Management 4, No.<br />
2 (2014).<br />
64 <strong>Spring</strong> <strong>2015</strong> 64
a more sensitive area of cooperation. 48 In sum,<br />
these confidence building measures should be<br />
regarded as a first step towards a realistic<br />
conception of joint development in the South<br />
China Sea.<br />
CONCLUSION<br />
The concept of “joint development” is<br />
a tempting option for a potential resolution of<br />
the South China Sea sovereignty issues, given<br />
that it has been attempted previously in other<br />
regional disputes. However, in order for joint<br />
development to come to fruition, claimant<br />
countries have to temporarily “freeze” or<br />
suspend their zero-sum sovereignty claims<br />
and commit to a positive-sum resource<br />
allocation problem. Unfortunately, one has yet<br />
to see this happen in the context of the South<br />
China Sea, especially with China’s growing<br />
naval power, and the continued lack of a<br />
supranational authority presiding over the<br />
issue. Various measures can contribute to this<br />
mindset change. ASEAN can be a vehicle for<br />
establishing CBMs on an official level, or even<br />
in the form of closed-door meetings, where<br />
disputants are deemed to be more honest<br />
about their priorities and interests. A neofunctionalist<br />
approach, for example, by<br />
starting with a fisheries arrangement before<br />
proceeding to an oil and gas arrangement,<br />
should also be considered in the hope of<br />
eventually leading to the settlement of core<br />
disputes.<br />
GUAN HUI LEE is a first-year Master's<br />
student majoring in International<br />
Relations. He received his undergraduate<br />
degree in IR from<br />
Peking University<br />
in 2013. His<br />
academic interests<br />
include U.S.<br />
foreign policy,<br />
political theory<br />
and U.S.-China<br />
foreign relations.<br />
His senior thesis<br />
compared aspects<br />
of Reaganite neoconservatism and the<br />
2010 Tea Party conservative movement.<br />
He is currently interning at the National<br />
Committee on U.S.-China Relations, where<br />
he has the opportunity to interact with<br />
like-minded people in his field.<br />
48 Thang Nguyen Dang, “Fisheries Cooperation in the<br />
South China Sea and the (Ir)relevance of the<br />
Sovereignty Question,” Asian Journal of International Law<br />
2 (2012).<br />
65 <strong>Spring</strong> <strong>2015</strong> 65
Is Sustained Economic<br />
Growth in Russia’s<br />
Future?<br />
Joel Alexander<br />
Russia’s economic history is one told<br />
through booms and busts. Since<br />
the collapse of the Soviet Union,<br />
Russia has witnessed growth intermitted by<br />
crises in 1998 and 2008. Each crisis wiped<br />
out the preceding economic progress,<br />
ultimately keeping Russia in a state of<br />
overall stagnation. From 1991 to 2008,<br />
Russia’s economy transformed from a<br />
communist economy to a fledging capitalist<br />
economy. Despite its transformation,<br />
however, Russia’s economy battles with the<br />
prototypical problem of an authoritarian<br />
structure—achieving sustained growth.<br />
However, growth in Russia is not about<br />
overcoming the remnants of its communist<br />
society, nor is it about adopting liberal<br />
capitalism. Jack A. Goldstone addresses<br />
this problem in his essay “Efflorescences<br />
and economic growth in world history:<br />
rethinking the "rise of the west" and the<br />
industrial revolution,” where he reexamines<br />
the distinction between pre-modern and<br />
modern economies, ultimately calling for a<br />
separation of liberal Western economics<br />
from modern economic growth.<br />
Goldstone critiques the normative<br />
approach of analyzing economic growth in<br />
world history that specifies two norms—<br />
modern economic growth stemming from<br />
Western nations and pre-modern<br />
unsustainable growth from non-Western<br />
nations. This distinction rests on the<br />
assumption that pre-modern societies<br />
could not achieve sustained growth<br />
because of structural and political problems<br />
in how those countries were managed.<br />
Moreover, this approach claims that<br />
Western nations were better suited<br />
structurally, politically, and culturally to<br />
evolve and achieve sustained economic<br />
growth, thus making them modern<br />
economies. Goldstone purports that such a<br />
normative approach is a fallacy. Employing<br />
a historical analysis, he asserts that every<br />
nation goes through periods of growth,<br />
stability, stagnation, and crisis. He<br />
proscribes their ability to achieve sustained<br />
growth to their own unique cultural<br />
contents and organizational frameworks—<br />
or their own “peculiar local phenomena,”<br />
—which allows a nation to better utilize its<br />
human capital and resources to achieve<br />
sustained growth. To arrive at this analysis,<br />
Goldstone uses the theoretical lenses of<br />
efflorescence. Goldstone’s notion of<br />
“efflorescence” is a more<br />
multidimensional, holistic concept of<br />
economic growth, compared to the binary<br />
theories of growth that postulated a zerosum<br />
growth or no-growth environment.<br />
Moreover, efflorescence allows for the<br />
equalizing of both Eastern and Western<br />
nations, refuting that the liberal Western<br />
economic model definition of economic<br />
growth. By seeing all pre-modern history as<br />
punctuated by efflorescences, Goldstone<br />
argued, “growth and prosperity were not<br />
monopolies of the modern or Western (or<br />
even "capitalist") worlds.” 1 If all economies<br />
went through periods of efflorescence, and<br />
it was a “peculiar local phenomena” that<br />
allowed them to achieve sustained growth,<br />
the question is no longer how much a<br />
country emulates Western liberal<br />
economies, but rather, which intrinsic<br />
aspects of a country will promote a<br />
transition away from unsustainable growth<br />
to modern economic growth?<br />
1 Jack A. Goldstone, “Efflorescences and Economic<br />
Growth in World History: Rethinking The ‘Rise Of<br />
The West’ and The Industrial Revolution,” Journal of<br />
World History 13, no. 2, (2002), 47, 377-378.<br />
66 <strong>Spring</strong> <strong>2015</strong> 66
This lens is particularly helpful<br />
when understanding Russia’s political<br />
economy in boom and bust cycles. This<br />
paper clarifies that Russia witnessed<br />
periods of efflorescence after the 1998<br />
Asian financial crisis and then again after<br />
the 2008 global financial crisis. Specifically,<br />
there were factors of Russia’s economy<br />
that promoted efflorescence and those that<br />
stifled efflorescence, leading to<br />
unsustainable growth. After transitioning<br />
from a communist society to a semicapitalist<br />
economy, Russia experienced a<br />
period of economic growth, which was<br />
ultimately undermined by its Oligarchconducive<br />
policies. Later its economic<br />
growth advanced and then declined<br />
because of the economy’s dependence on<br />
natural resources, namely oil and gas. 2<br />
Then, in 2010, Russia witnessed a rise of a<br />
peculiar phenomenon. The phenomenon<br />
stemmed from a mixture of Russia’s<br />
growing middle class and the demands they<br />
imposed on the political system, and<br />
Russia’s apparent top-down approach to<br />
innovation and investment in its human<br />
capital. First, this paper will reanalyze<br />
Russia’s political economy through an<br />
explanation and exploration of Goldstone's<br />
efflorescence theory. It will then clarify the<br />
drivers for and against sustained<br />
efflorescence in Russia, which stem from<br />
the country’s own peculiar local<br />
characteristics rather than from the<br />
absence of liberal capital reforms.<br />
GOLDSTONE’S EFFLORESCENCE<br />
THEORY<br />
In his seminal work on<br />
Efflorescence Goldstone makes a<br />
distinction between the historical<br />
2 This economic phenomenon is known as “Dutch<br />
Disease,” and will be enumerated on at later points<br />
in the analysis.<br />
understanding of modern and pre-modern<br />
nations. This is important for Goldstone<br />
because it allows for the “rethinking of the<br />
‘rise of the West,’” which takes the strength<br />
from those advocates that assume<br />
modernization has a Western façade. By<br />
studying economic growth from the 10 th<br />
century to the early 18 th century, Goldstone<br />
disproves the historical fallacy of the rise of<br />
the West. He finds that the trends<br />
observed in Europe which were “proof of<br />
‘early modern’ character,” such as technical<br />
innovations, and extensive trade networks,<br />
to name a few, were also manifested<br />
outside Europe prior to the eighteenth<br />
century. 3 There is no sufficient connection<br />
between the “rise of the West” and<br />
sustained economic growth. Goldstone<br />
begins by inventing the neologism<br />
“efflorescence” and deconstructing our<br />
customary methods of conceptualizing<br />
growth.<br />
In the absence of an economic<br />
crisis, there may be growth, stagnation, or<br />
stability; each phase is cyclical and as<br />
important as the next. Efflorescence is the<br />
converse of a crisis: “a relatively sharp,<br />
often unexpected upturn in significant<br />
demographic and economic indices, usually<br />
accompanied by political<br />
expansion…institution building, and<br />
cultural synthesis”. 4 Without the distinction<br />
of efflorescence, the toolkit for<br />
understanding economic growth stems<br />
from two classifications. First, there is<br />
Kuznetzian/Schumpeterian Growth where<br />
growth is defined by internally driven and<br />
self-sustaining rapid increases in indices<br />
such as income per capita, and total output.<br />
This process occurs through creative<br />
destruction, whereby older technologies and<br />
firms are replaced by more efficient<br />
3 Goldstone, “Efflorescences and Economic<br />
Growth in World History: Rethinking The ‘Rise Of<br />
The West’ and The Industrial Revolution,” 6.<br />
4 Ibid, 9.<br />
67 <strong>Spring</strong> <strong>2015</strong> 67
substitutes. Second, there is<br />
Extensive/Smithian Growth, which is<br />
growth that lacks significant technological<br />
improvements, as in the Kuznetzian<br />
model. Instead, higher incomes per capita<br />
and total output increase because of a<br />
country’s comparative specialization<br />
expanding trade and the mobility of<br />
specific resources. According to the theory,<br />
this growth is not sustainable and will<br />
eventually be counterbalanced by the<br />
leveling off population growth, and/or the<br />
depletion of resources—known as<br />
Malthusian constraints. Goldstone opines<br />
that those two distinctions of growth<br />
create a zero and one binary of growth or<br />
stagnation. Efflorescence, can account for<br />
a country’s growth that does not fit the<br />
characterizations provided by only an<br />
Schumpeterian-type or Smithian-type of<br />
growth.<br />
Equipped with Goldstone’s theory,<br />
this paper re-contextualizes the story of<br />
Russia as one of various efflorescences,<br />
which have cyclically emerged and then<br />
contracted. Analyzing Russia through the<br />
lens of efflorescence theory can help<br />
identify the various reasons why<br />
efflorescence waned in Russia, and ways in<br />
which it may evolve to a more sustainable<br />
efflorescence and thus achieving “modern”<br />
economic growth. However, before one<br />
can speak of the Russian experience with<br />
efflorescence, it is first necessary to<br />
understand how efflorescence occurs.<br />
According to Goldstone, efflorescence<br />
tends to occur under the following<br />
conditions:<br />
(1) During periods when<br />
international trade and<br />
sustained contact lead to a<br />
mixing of cultures and ideas;<br />
and (2) in places that are<br />
centers of international trade,<br />
in which people, goods, and<br />
techniques are focused on<br />
meeting multiple commercial<br />
demands. One could add as a<br />
third factor that (3) such<br />
efflorescences also seem<br />
more likely during periods of<br />
reconstruction following a<br />
collapse or massive challenge<br />
or change in government or<br />
society that unleashes new<br />
energies or social groups or<br />
provides integration and<br />
order over larger territories. 5<br />
Conversely, efflorescence is unlikely in<br />
societies isolated from cross-cultural<br />
influences or in societies that depend on a<br />
few commodities, which make the<br />
countries vulnerable to global shifts and<br />
limit their ability to diversify toward<br />
“multiple commercial demands” 6 . It is also<br />
unlikely during periods of unchallenged<br />
political order, where elites reject creative<br />
reconstruction and instead enforce<br />
conformity to existing practices.<br />
Many times in Russia, periods of<br />
oscillating efflorescence were due to<br />
fluctuations in the oil and natural gas<br />
markets. Russia faces a significant threat<br />
from negative impacts on its economy<br />
stemming from overreliance on a small set<br />
of commodities, specifically oil and gas. In<br />
the occurrence of the economic<br />
phenomenon termed “Dutch Disease,” 7<br />
overreliance on natural resources distorts<br />
the economy because the country slackens<br />
its other means of revenue generation (tax,<br />
infrastructure, investment) and depends on<br />
the revenues from a single set of<br />
commodities.<br />
5 Ibid, 31<br />
6 Ibid.<br />
7 The term stems from the 1960s and 1970s, a<br />
period when the Dutch economy became too<br />
specialized in the export of natural resources,<br />
ultimately crowding out other industries.<br />
68 <strong>Spring</strong> <strong>2015</strong> 68
Structurally, it is difficult to claim<br />
that economic “backwardness,” stemming<br />
from Russia’s authoritative policies and its<br />
integrated economic structure, was the<br />
main cause for Russia’s unsustainable<br />
growth and waning efflorescence. In fact,<br />
after the collapse of the Soviet Union,<br />
some domestic reforms such as liberal<br />
market reform and cultural change from<br />
tacit compliance to glasnost—a period of<br />
free speech and expression—brought on<br />
temporary efflorescence. However,<br />
Russia’s domestic reforms, such as<br />
perestroika under Soviet Union President<br />
Mikhail Gorbachev played a notable role in<br />
creating an entrenched oligarchic<br />
community in Russia, which still holds<br />
significant power and works to reinforce<br />
conformity to a natural resource, their<br />
pecuniary base. 8 As Goldstones makes<br />
clear, elite entrenchment diminishes<br />
efflorescence. These conditions constitute<br />
aspects of Russia’s “peculiar path.”<br />
Efflorescence opens the door to<br />
understanding Russia’s growth trajectory<br />
more effectively, which may have posed<br />
illusive if the country was analyzed under a<br />
strict Schumpeterian or Smithian<br />
framework, or under the belief that<br />
modernization needs to mimic Western<br />
economies. Thus, by separately examining<br />
Russia’s efflorescences after the 1998 and<br />
2008 crisis, we uncover the mechanisms<br />
driving and destroying a sustainable<br />
efflorescence in Russia.<br />
8 Perestroika literally means “restructuring.” It was a<br />
policy implemented to introduce market-like<br />
reforms into the Soviet System. Its most<br />
prototypical reform was privatization with<br />
vouchers. These vouchers are chiefly responsible<br />
for what we now term “Russian oligarchs.”<br />
1998 AND 2008 CRISES<br />
Russia underwent a seven-year<br />
period of efflorescence after the creation of<br />
the Russian Federation in 1991. Faced with<br />
a challenging economic situation, the<br />
economy made incremental movements<br />
toward positive GDP growth from 1991 to<br />
1997. In transitioning from a fiscal deficit<br />
representing -12.6 percent of GDP in 1994<br />
to a fiscal surplus of 1.4 percent of GDP in<br />
1997, Russia’s efflorescence changed the<br />
economic landscape, increasing the quality<br />
of life for its citizens and reconstructing its<br />
position in the global economy. 9 The<br />
growth from 1994 to 1997 relates directly<br />
to factors one and two of Goldstones<br />
causes for efflorescence: increased<br />
international trade, heightened<br />
international connections, and a period of<br />
reconstruction following the collapse the<br />
old regime. Both the World Bank (WB)<br />
and the International Monetary Fund<br />
(IMF) supported the formation of the<br />
Russian Federations, which also helped<br />
attract foreign investment. Moreover, to<br />
address its fiscal deficit, the Russian<br />
government engaged in financial<br />
innovations such as creating Government<br />
Short-Term Commitments (GKO)—shortterm,<br />
zero-coupon Russian government<br />
treasury bills—which provided noninflationary<br />
means toward financing budget<br />
deficits.<br />
Unfortunately, this period of<br />
efflorescence ended abruptly. Unlike the<br />
trends for successful efflorescence that<br />
Goldstone outlines, Russia’s international<br />
trade did not meet enough commercial<br />
demands. The geographical distribution of<br />
Russian foreign trade changed after the<br />
collapse of the Soviet Union. In 1985,<br />
around 55 percent of Soviet exports and<br />
9 Iris van de Wiel, “The Russian Crisis 1998:<br />
Economic Research,” (The Netherlands:<br />
Rabobank, 2013).<br />
69 <strong>Spring</strong> <strong>2015</strong> 69
imports were within the Eastern Bloc, or<br />
Comecon countries. 10 By 1991, only 23<br />
percent of exports and imports were with<br />
the former Comecon member states.<br />
However, after 1991, trade with advanced<br />
economies such as Europe, Japan, and the<br />
U.S. were growing but not enough to<br />
compensate for the falloff in trade with<br />
past allies. Moreover, oil, natural gas,<br />
metals, and minerals, accounted for 65<br />
percent of total exports in 1993 indicating<br />
that Russia’s export sector was nascent. 11<br />
Additionally, the change in the government<br />
after the collapse of the Soviet Union<br />
brought about new institutional problems,<br />
namely corruption. The broader fragility of<br />
Russia’s economy would become more<br />
apparent over time.<br />
Owing to burgeoning global<br />
financial interconnections, the Asian Crisis<br />
of 1997, which started with the collapse of<br />
the Thai baht currency in July, kick-started<br />
a global economic crisis. 12 Russia felt the<br />
reverberations of the Asian Crisis as<br />
investor speculation against the Russian<br />
ruble caused a devaluation of the currency.<br />
Between defending their currency by<br />
spending almost USD 6 billion of foreign<br />
exchange reserves and the tumble in world<br />
commodity prices, Russia experienced its<br />
most severe crisis in August of 1998. 13<br />
Eventually, defending the currency failed<br />
and the ruble devalued. Russia defaulted on<br />
10 The Comecon countries are: Soviet Union,<br />
Bulgaria, Czechoslovakia, the German<br />
Democratic Republic (East Germany), Hungary,<br />
Romania, Poland, Cuba, the Mongolian People's<br />
Republic (Mongolia), and Vietnam.<br />
11 Glenn E. Curtis, “Foreign Economic Relations”<br />
in Russia: A Country Study ed., (Washington: GPO<br />
for the Library of Congress, 1996).<br />
12 This was purportedly due in large to massive<br />
currency speculation by New York hedge fund<br />
manager George Soros, after he shorted the<br />
currency that year.<br />
13 “National Wealth Fund Statistics,” Russian<br />
National Wealth Fund.<br />
http://old.minfin.ru/en/reservefund/index.php<br />
its GKOs and coupon-bearing Federal<br />
Loan Bonds (OFZ), and announced a 90-<br />
day moratorium on payments to foreign<br />
creditors by commercial banks: effectively,<br />
a sovereign default. 14<br />
Adding to the destruction, Russia’s<br />
dependency on world energy prices<br />
exacerbated the damage. From 1991 to<br />
1997, rising oil and energy prices led to<br />
Russia’s efflorescence. However, in the<br />
wake of the Asian crisis, the natural<br />
commodities market plummeted with<br />
energy prices, sliding from 1997 onwards,<br />
further burdening Russia’s economy. The<br />
torrents of economic mayhem affected<br />
Russia throughout 1998 and by the<br />
beginning of 1999, actual GDP, and GDP<br />
growth were both below their pre-1996<br />
levels.<br />
Luckily, by the late-1990s investor<br />
sentiment started to relax, capital flight<br />
slowed and world commodity prices<br />
bounced back. The price of crude oil,<br />
which played a big role in pulling the<br />
Russian economy out of efflorescence<br />
between 1998 and 1999, conversely stoked<br />
efflorescence after 1999. The price rose to<br />
an average $10 USD per barrel higher than<br />
the previous 5 years. The commodity<br />
boom bolstered the rate at which the<br />
Russian economy was able to recover from<br />
the 1998 crisis. During the third quarter of<br />
1999, Russia’s annual GDP grew by 11.5<br />
percent and then by 12.1 percent in the<br />
fourth quarter of 1999.<br />
If the 1998 crisis was the first and<br />
only crisis to have impacted Russia, foreign<br />
analysts and Russians alike would have<br />
easily overlooked the apparent signs of a<br />
fragile economy. Emphasis would have<br />
been placed on Russia’s rapid recovery, and<br />
its high dependency on oil and energy<br />
would have been praised as a successful<br />
14 Wiel, “The Russian Crisis 1998.”<br />
70 <strong>Spring</strong> <strong>2015</strong> 70
hedge. Analysts could have claim that it is<br />
inevitable for a nascent market economy<br />
recovering from the collapse of a<br />
communist society to face initial hardship.<br />
However, Russia’s deep structural<br />
economic weaknesses were revealed by<br />
crisis in 2008. In 2009, Russian Specialist,<br />
Jeffery Mankoff, criticized Russia’s internal<br />
economic mechanics that persisted since<br />
the 1998 crisis:<br />
[A] foreign policy based on<br />
the revenues from highenergy<br />
prices is necessarily<br />
hostage to fluctuations in the<br />
global energy market, as<br />
indeed it was during the<br />
Soviet Union’s economic<br />
boom of the 1970s and the<br />
subsequent bust of the 1980s.<br />
Moreover, Russia’s economy<br />
is still inflexible and<br />
uncompetitive. 15<br />
The 2008 crisis proved that future<br />
efflorescence in Russia would be<br />
unsustainable if the country saw no<br />
structural changes. The Russian economy<br />
could not sustain growth because it<br />
suffered from internal weaknesses and an<br />
over-reliance on one commodity.<br />
However, structural reform can be a very<br />
tough pill to swallow, especially if structural<br />
inefficiency allowed for quick recoveries<br />
from two financial crises.<br />
Russia may have suffered the most<br />
of all the BRIC (Brazil, Russia, India, and<br />
China) countries at the onset of the<br />
financial crisis, but Russia grew faster<br />
before the crisis, and its recovery was<br />
quicker thanks to its oil dependency. As<br />
Clifford Gaddy and Barry Ickes succinctly<br />
exemplify:<br />
15 Jeffrey Mankoff, Russian Foreign Policy: The Return<br />
of Great Power Politics. (USA: Rowman & Littlefield,<br />
2009), 48.<br />
This is worth<br />
repeating…Russia is still<br />
significantly richer in 2010<br />
than it would have been had<br />
it grown at a rate as fast as<br />
the next-fastest BRIC<br />
[country] since 1999. Russia<br />
clearly would not have gained<br />
from having “diversified”<br />
away from energy in 1999. 16<br />
Russia’s growth was in large part due to its<br />
massive reserve fund, and the revenues that<br />
it had built through natural resource sales.<br />
The reserve fund, a product of the<br />
stabilization fund put in place after the<br />
1998 crisis, gave Russia access to foreign<br />
currency that it could spend to fight off<br />
capital flight and bolster the depreciating<br />
currency.<br />
Unlike other countries that were<br />
forced to invoke significant monetary<br />
policy mechanisms which lead to inflation<br />
and devalued currencies, Russia could<br />
offset most of the pain by drawing upon its<br />
reserves fund. This allowed the country to<br />
curtail unnecessary monetary policy, which<br />
could prove problematic after external<br />
shocks subside and business-as-usual<br />
returns. During the financial crisis, Russia’s<br />
increase in expenditures outpaced the<br />
revenues raised by the government, leading<br />
to a budget deficit by 2009. Additionally,<br />
Russia spent 22 percent of its total<br />
reserves, or USD $1.3 billion from 2008 to<br />
2009. This illustrates that in order to<br />
counteract the 2008 crisis, Russia spent an<br />
excessive amount of its reserves and<br />
diminished its fiscal balance.<br />
To recover, four years of building a<br />
healthy fiscal balance disappeared, and a<br />
year worth of reserves evaporated. The<br />
16 Clifford G. Gaddy and Barry W. Ickes. “Russia<br />
After The Global Financial Crisis.” Eurasian<br />
Geography and Economics 51, no.3 (2010), 291.<br />
71 <strong>Spring</strong> <strong>2015</strong> 71
sheer amount spent to offset the crisis is a<br />
cause for concern. Without oil revenues<br />
replenishing its reserves, Russia could not<br />
justify spending such large sums.<br />
Moreover, during the second half of 2008,<br />
Russia’s stock market had shed more than<br />
90 percent of its value. By 2009, after such<br />
large fiscal injections consumer spending<br />
still shrank by 7.9 percent, indicating that<br />
Russian’s were worried about the future of<br />
their economy. 17 For the first time since<br />
1999, Russia again ran a budget deficit.<br />
In light of this, we see that the<br />
reserves built via the high dependency on<br />
oil only points to a more integral flaw. The<br />
effects of the 2008 crisis highlighted<br />
Russia’s Dutch disease, and its vulnerability<br />
to the sways of the international<br />
environment. Because oil revenues are<br />
accumulated through export sales, Russia’s<br />
government budget depends on oil prices,<br />
and international demand/supply<br />
dynamics. Ultimately, Russia’s dependency<br />
on oil helped to revive the economy from a<br />
crisis, but it also jeopardized it when those<br />
commodity prices tumbled. Gaddy and<br />
Ickes point out this observation as well<br />
when he states:<br />
First, the crisis has reminded<br />
us of how thoroughly<br />
dependent Russia is on oil<br />
and gas. Looking at the<br />
period before the crisis,<br />
during the crisis, and now in<br />
the rebound, the picture is<br />
unambiguous. Very few<br />
important developments,<br />
positive or negative, cannot<br />
be traced back to fluctuations<br />
in the volume of wealth—the<br />
rents—that accrue to Russia<br />
from these resources.<br />
(Resource) addiction’s most<br />
pernicious feature is that it is<br />
self-reinforcing, which means<br />
that it continually deepens<br />
and reproduces<br />
backwardness and<br />
inefficiency in the Russian<br />
economy. 18<br />
Ultimately, both crises of 1998 and 2008<br />
draw out the pertinence in understanding<br />
how efflorescence occurred in Russian.<br />
After the 1990 collapse of the Soviet<br />
Union, Russia experienced a brief<br />
efflorescence that was stumped because its<br />
export was still immature. After the 1998<br />
crisis, Russia’s dependence on oil allowed<br />
for another efflorescence, but overreliance<br />
on oil and gas revenues limited its<br />
expansion along multiple economic<br />
indicators, ultimately creating a short-term<br />
efflorescence, restricting it in the long run.<br />
Nevertheless, disagreement still<br />
exists on whether the 1998 and 2008 crises<br />
illustrate Russia’s dependency on a few<br />
commodities. Many of the country’s<br />
analysts and economists question whether<br />
Russia, in fact, suffers from “Dutch<br />
disease.” To find answers they often<br />
evaluate the future of Russia’s natural<br />
resource sector to consider its ability to rely<br />
on oil and gas exports and what<br />
relationship that has on Russia’s willingness<br />
to diversify its economy.<br />
OIL AND ENERGY<br />
If one does not look deeply into<br />
the problem, Russia’s dependency on its<br />
natural resources may appear positive<br />
rather than negative. It may be true that the<br />
Reserves Fund and National Wealth Fund<br />
have had beneficial impacts on Russia’s<br />
17 Mankoff, Russian Foreign Policy: The Return of Great<br />
Power Politics.<br />
18 Gaddy and Ickes. “Russia After The Global<br />
Financial Crisis,” 282.<br />
72 <strong>Spring</strong> <strong>2015</strong> 72
economy. However, a closer look at the<br />
long-term perspective exposes the negative<br />
effects of overreliance on such funds.<br />
Russia’s exports in the oil and gas sector<br />
accounts to 70 percent of its exports or 28<br />
percent of its GDP. To place that in<br />
context, India’s oil sector, for example, is<br />
only 18 percent of all exports.<br />
Comparatively, for the U.S., capital goods,<br />
industrial goods, and consumer goods<br />
together make up 65 percent of all<br />
exports. 19 Because Russia can generate<br />
revenue and saving from oil and gas sales,<br />
it is dis-incentivized to innovate new<br />
avenues of wealth creation.<br />
This level of dependency has<br />
proven to be problematic before. Firstly,<br />
Russia’s economic growth closely tracks<br />
worldwide oil demand and price. Secondly,<br />
when oil price is stable but other exports<br />
and sources of revenue are not developed,<br />
the economy approaches decline. In 2012,<br />
Russia’s economic growth was 3.4 percent,<br />
the lowest level since 1990 minus the<br />
global recession of 2008-2009. This was<br />
primarily because the volume of Russia’s<br />
exports other than oil and gas had declined<br />
amid worldwide recessions. 20<br />
High correlations between crude oil<br />
prices and Russian trade and exports<br />
exemplify structural risk. For example,<br />
trade mainly mirrored the movements of<br />
Urals oil prices in 2011 and 2012 rising to<br />
$400 million in 2011 when oil prices<br />
reached $120, and falling together by the<br />
middle of 2012 when oil sank below<br />
$100. 21 Additionally, the trend in export<br />
follows that of global oil demand. The<br />
figures illustrate Neil Rubinstein’s claim<br />
that “when oil prices have been high,<br />
Russia has grown its economy and<br />
balanced its budget; when they have been<br />
low, growth has reversed, and deficits have<br />
returned.” 22<br />
Furthermore, in 2003, 40 percent<br />
of Russia’s revenues were based on oil and<br />
gas taxes. That number increased by 8<br />
percent through 2010. 23 Thus, with this<br />
trend we see that when demand for oil<br />
decreases, revenues also decrease because<br />
fewer taxes are collected Additionally, the<br />
reliance on oil has linked Russia to the<br />
global world more integrally in many ways.<br />
As presented, both crises of 1998 and 2008<br />
were based on external tremors. More<br />
threats from external sources may lie<br />
ahead. By investing in a diversified<br />
economy, Russia can decouple its growth<br />
from natural resource rents, allowing it to<br />
have sectors of its economy insulated from<br />
external shocks.<br />
Though Russia’s dependency on oil<br />
does not pose immediate threat to its<br />
economy, a series of future problems will<br />
affect its growth in the long term. Crude oil<br />
prices are on a slow decline in recent years.<br />
Decreasing oil and gas demand in Europe,<br />
Russia’s number one importer of oil and<br />
gas, is also a cause for concern. Fiscal and<br />
monetary instability in Europe led to an<br />
economic slowdown for Russia in the<br />
second half of 2012. Additionally, Europe<br />
is continuously looking for new sources of<br />
energy to deter its reliance on Russian oil<br />
and gas. In response, Russia has turned to<br />
strategic relations with China. The growing<br />
population and expanding economy of<br />
China has prompted the need for higher<br />
19 Securing America’s Future Energy (SAFE) and<br />
Roubini Global Economics, “Oil Security Index,”<br />
www.OilSecurityIndex.org, October 2013.<br />
20 The National Institute for Defense Studies, “East<br />
Asian Strategic Review” (Tokyo, The Japan Times,<br />
Ltd., 2013), 254.<br />
21 Ibid.<br />
22 Neil Robinson, ed., “Russia's Potential Role in<br />
the World Oil System” in Political Economy of Russia<br />
(USA: Rowman & Littlefield, 2012), 156.<br />
23 Robertson and Graeme, “Russian Protesters: Not<br />
Optimistic But Here to Stay,” Russian Analytical<br />
Digest, 20, no.115 (2012).<br />
73 <strong>Spring</strong> <strong>2015</strong> 73
natural resource consumption. However,<br />
between China’s slowing economy and its<br />
own endeavors for acquiring natural<br />
resources abroad, the short-term likelihood<br />
of China bringing a big boost to the<br />
Russian economy is low.<br />
At the writing of this report, based<br />
on the rising stockpiles of crude oil in the<br />
U.S. and higher-than-expected production<br />
of oil in Libya, crude oil prices have been<br />
on a continuous decline since November<br />
2013. 24 This decline in oil prices mirrors a<br />
stagnating Russian economy. Based on<br />
Roubini Global Economics’ projections,<br />
Russia’s GDP growth for 2014 will be as<br />
low as 2 percent and its current growth is<br />
about 1.4 percent. 25 In the past, Russia has<br />
been consistently lucky with the strength of<br />
oil prices. However, in this case, strength<br />
can be equivalent to overreliance. It is<br />
important not to ignore how Russia’s<br />
efflorescences have emerged cyclically due<br />
to changes in the oil price. It is<br />
understandably beneficial to recover<br />
quickly from a crisis, but it is just as bad to<br />
have a country’s growth stripped from it<br />
because of resource prices. If Russia is to<br />
aim for sustained economic growth and<br />
efflorescence that maintains stride long<br />
enough to become a modernizing<br />
economy, diversification is needed. The<br />
question is, as asked in Thane Gustafson’s<br />
book, Wheel of Fortune: The battle for power and<br />
oil in Russia, is Russia “a classic petro-state,”<br />
with its “hypertrophied hydrocarbon<br />
industries inflicting a ‘resource curse’ on<br />
non-energy industries suffering from<br />
Dutch disease.” 26 The answer to such a<br />
24 ICN.com, “Oil Set For First Three-Week Slide In<br />
2013: Commodity Market Commentaries,”<br />
Oilngold.com, April 19, 2013.<br />
25 “Russia Country Analysis,” Roubini Global<br />
Economics. Accessed on December 2013,<br />
https://www.roubini.com.<br />
26 Thane, Gustafson, Wheel of Fortune: The Battle for<br />
Oil and Power in Russia, (USA: Harvard University Press,<br />
2012).<br />
question continues to be elusive because of<br />
the recent changes in Russia’s economic<br />
growth plan.<br />
Currently, Russia is investing in<br />
infrastructure, using the National Wealth<br />
Fund as a source of revenue. Here it is<br />
important to note the change in strategy.<br />
Instead of using those reserves to avoid<br />
diversified investment, Russia appears to<br />
be changing its approach. Additionally,<br />
Russia is attempting to provide incentives<br />
for companies to explore the East Siberian<br />
and Far East Greenfields as well as the<br />
offshore arctic Bluefield for untapped oil<br />
reserves where oil is harder to access but of<br />
higher quality. 27 Here we see a positive<br />
relationship with its oil rents whereby<br />
Russia rolls over surplus into productive<br />
investments. Nonetheless, this trend is<br />
nascent and it cannot be guaranteed to<br />
persist. Moreover, oil is only one particular<br />
bottleneck Russia may be facing in regards<br />
to maintaining efflorescence.<br />
Goldstone addresses that selfsustaining<br />
growth is not dependent on a<br />
“cluster of innovations,” or by alleviating a<br />
particular bottleneck, “rather it is a matter<br />
of developing a particular approach to<br />
production and technological innovations.”<br />
Additionally, he claims, “it is long overdue<br />
to incorporate changes in social<br />
attitudes…into our conceptions of what<br />
underlay the sudden onset of selfsustaining<br />
and accelerating growth.” 28 In<br />
accord with his statement, I turn to the<br />
regime of Vladimir Putin and to the<br />
developments in Russia’s civil society after<br />
the 2011 protests.<br />
27 Ibid.<br />
28 Goldstone, “Efflorescences and Economic<br />
Growth in World History: Rethinking The “Rise Of<br />
The West” and The Industrial Revolution,” 31.<br />
74 <strong>Spring</strong> <strong>2015</strong> 74
POST-PROTEST AND PUTIN’S<br />
RUSSIA<br />
In his theory of efflorescence,<br />
Goldstone points out that efflorescences<br />
are usually accompanied by massive<br />
challenges against the social order or<br />
challenges against governments. Thus, the<br />
social fabric of a country is as important to<br />
efflorescence as any other indicator. In this<br />
regard, Russia has a recent trend worth<br />
noting. By late 2011, civil society started to<br />
visibly stir in Russia. Protests began to pop<br />
up in Moscow and other major Russian<br />
cities. Many Russian specialists watched<br />
attentively as protesters amassed, calling<br />
for a structural change and the stepping<br />
down of President Putin. In December,<br />
Putin reinforced the idea of a tandem<br />
leadership between himself and then<br />
President Dmitry Medvedev—announcing<br />
that he would be swapping positions with<br />
Medvedev for Presidency over Vice-<br />
Presidency. Not long after this<br />
announcement, discontented protestors<br />
took to the street to express their views on<br />
domestic corruption. Chants for “Rossiya<br />
bez Putina - Russia, without Putin,” could<br />
be heard en masse roving down the busy<br />
streets of Moscow. Financial instability<br />
amongst the population has caused some<br />
citizens to worry about the conditions of<br />
their country. Moreover, due of the rising<br />
middle class, the amount of educated<br />
civilians who are aware of corruption rose.<br />
By December 2011, it became apparent<br />
that the changing dynamics of Russia’s civil<br />
society would pose significant challenges to<br />
the government. These events will have<br />
much to do with the potential durability of<br />
efflorescence in Russia post the 2008 crisis.<br />
It is important to place these<br />
challenges amidst the phenomenon of<br />
creative destruction. This concept, as<br />
previously referenced, pertains to the<br />
elimination of older technologies as more<br />
efficient alternatives are developed. As<br />
society unleashes new energies that aim to<br />
provide a new structure more capable of<br />
sustaining efflorescence, older structures<br />
are challenged and dissolved. However,<br />
Goldstone warns that many times a<br />
country falls into Caldwell’s law, which<br />
states that when new productive practices<br />
or forces cause growth in an economy, they<br />
will also create interest groups vested by<br />
the political and social elite. These interest<br />
groups constrict future creative destruction<br />
because they desire to reap the benefits<br />
from the monopolies they have acquired.<br />
Thus, such groups generate stagnation, and<br />
decline of efflorescence. For Russia,<br />
Caldwell’s law depicts the country’s schism<br />
between its citizenry—Oligarchy vs. the<br />
budding middle class. Goldstone explains<br />
that when this occurs, “only a major social<br />
or political upheaval is then likely to create<br />
new opportunities for major episodes of<br />
growth.” 29 Many indeed thought this<br />
particular upheaval was occurring in Russia<br />
during 2011. Graeme Robertson stated,<br />
“Russia had woken up.” 30 His words were<br />
mirrored by a series of academics and<br />
analysts who saw 2011 as the time for civil<br />
society in Russia to start its engine toward<br />
Russia 2.0. Unfortunately, such changes are<br />
much harder to initiate than initially<br />
thought.<br />
In 2012, Putin regained his<br />
presidency. A vast amount of the<br />
protestors had been arrested before and<br />
after the State Duma elections and Putin’s<br />
inauguration. By June 2012, legislation was<br />
passed to sharply raise the fines imposed<br />
for engaging in unauthorized<br />
demonstrations, and in October Russia’s<br />
criminal code was amended to classify such<br />
29 Ibid.<br />
30 Graeme Robertson, “Russian Protesters: Not<br />
Optimistic But Here to Stay.” Russian Analytical<br />
Digest 20, no.115 (2012).<br />
75 <strong>Spring</strong> <strong>2015</strong> 75
activities as acts of treason. 31 As it became<br />
more difficult for massive social uprising to<br />
form, confidence in reforms diminished.<br />
Cases such as the “Pussy Riot” arrests have<br />
frightened many youths who do not want<br />
to be jailed. Harsh fines have made<br />
protesting a sport for the wealthy.<br />
Evghenia Sleptsova, a Russian<br />
economic analyst writing on Russian<br />
Growth, states, as well as many others, that<br />
“Putin’s model of governance, whereby the<br />
population gives up part of democracy in<br />
return for economic stability, [is] adding to<br />
the political risks.” 32 In order to enjoy the<br />
fruits of economic growth, people are<br />
coerced to deal with the system. This<br />
method appears counter intuitive and<br />
ineffective in light of Goldstone’s<br />
efflorescence theory. Goldstone warns<br />
against conforming to existing practices<br />
enforced by elite command. By siding with<br />
the status quo, Russia begs for its own<br />
stagnation. Indeed, such stagnation has<br />
already arrived.<br />
The government acknowledged its<br />
own sluggishness during fiscal year 2013,<br />
and has abandoned its hopes of 4 percent<br />
GDP growth, forecasting downward to 2.5<br />
percent. 33 Thus, Robertson’s statement is<br />
brought back in the form of a question: will<br />
Russia wake up? Analyst Sleptsova stated<br />
that:<br />
By slashing the long-term growth<br />
forecast the government effectively<br />
admits that growth will continue to<br />
track the stagnant oil prices and<br />
demand, and does not expect any<br />
significant economic break-through<br />
or diversification of the economy.<br />
31 The National Institute for Defense Studies, “East<br />
Asian Strategic Review 2013.”<br />
32 Evghenia Sleptsova, “Russian Growth: Slowing<br />
Down and Not Much Acceleration in Sight.”<br />
Roubini Global Economics.com, November 11, 2013.<br />
33 Ibid.<br />
Therefore, as stagnant hydrocarbon<br />
revenues and restrictive fiscal<br />
policy will constrain public<br />
investment, and private sector<br />
investment will continue to be<br />
suppressed by weak rule of law and<br />
corruption, investment will serve as<br />
a drag on growth. 34<br />
It must be said, however, that it is unfair to<br />
tell this tale as if the Russian government is<br />
not ostensibly aiming to suppress<br />
stagnation-causing policies. Putin has<br />
implemented a series of small fixes, which<br />
have boosted Russia’s 2013 World Bank<br />
rating up 20 points from 112 th to 92 nd ,<br />
signifying that Russia is taking steps toward<br />
improving its business climate. Moreover,<br />
Putin ambitiously states that he wants that<br />
ranking to rise to 20 th place by 2018.<br />
Additionally, Russia plans to spend 13.6<br />
billion rubles on public infrastructure.<br />
However, many see these changes as only<br />
minimal—maintaining stagnation, but not<br />
spurring efflorescence. Specialists at The<br />
Economist are also skeptical. They state that<br />
“profound reforms” will now be needed.<br />
Mirroring the statement of Sleptsova, they<br />
call particularly for reforms to the courts,<br />
legal system, judiciary system, and law<br />
enforcement. 35 With an anachronistic<br />
examination of economic growth, it may<br />
seem that such changes will only stem from<br />
Schumpeterian growth and the adaptation<br />
of liberal democratic reforms. However,<br />
this author cautions against overt cynicism<br />
and instead encourages moderated caution<br />
in regards to the Russian government’s<br />
ability to implement the needed reforms.<br />
Ultimately, the question is, how<br />
threatened is the Russian system by its<br />
inability to allow creative destruction to run<br />
34 Ibid.<br />
35 “The S word; Russia's economy,” The Economist,<br />
November 9, 2013.<br />
76 <strong>Spring</strong> <strong>2015</strong> 76
its course? Currently, Russia is taking steps<br />
that prove it can liberate itself from an<br />
overreaching government and a corrupt<br />
oligarchic system. One interesting<br />
movement in this direction has been the<br />
reappointment of Alexey Kudrin, former<br />
liberal Finance Minister from 2001. Putin<br />
appointed Kudrin to the Presidium of the<br />
Economic Council on October 31 2013. In<br />
2012, Silvana Malle, former head of the<br />
Non-Member Economies Division at the<br />
OECD Economics Department stated,<br />
“Alexey Kudrin have been pointed out as<br />
possible leaders of alternative parties” 36<br />
During the 2008 economic crisis, Kudrin<br />
played a key role in steering the country<br />
through the global financial crisis, famously<br />
quitting his position as Russia’s military<br />
budget ballooned against his will.<br />
Furthermore, developments such as the<br />
government voting to allow free mayoral<br />
elections in Russia’s largest cities, illustrate<br />
that creative destruction can be<br />
implemented from the top down. 37<br />
CONCLUSION<br />
By examining Russia under the lens<br />
of Goldstone’s historical economic<br />
efflorescence, a less ambiguous and<br />
evolving picture of Russia’s current<br />
situation surfaces. Over the years, Russia<br />
has established a consistent reliance on its<br />
key resources and over-utilization of<br />
political power to ride out its crises. These<br />
tactics were not predominantly all bad<br />
choices. They have allowed Russia to grow<br />
on many occasions. However, the bigger<br />
picture is also visible. The purpose of<br />
36 Silvana Malle, "The Policy Challenges of Russia's<br />
Post-Crisis Economy," Post-Soviet Affairs 28, no.1,<br />
(2012), 82.<br />
37 Yulia Latynina, “How Yevgeny Roizman Became<br />
Mayor,” (The Moscow Times, September 18, 2013).<br />
http://www.themoscowtimes.com/opinion/article<br />
/how-yevgeny-roizman-becamemayor/486235.html.<br />
efflorescence is to foster sustained<br />
economic growth and to evolve into a<br />
flourishing and modernizing economy. It is<br />
during this final transition that Russia's<br />
methods lose their appeal. High reliance on<br />
oil encourages resource addiction, allowing<br />
Russia to finance many of its problems and<br />
recover quickly from shocks. However,<br />
such reliance also causes Russia to<br />
strengthen only a few commodities sectors<br />
instead of diversifying. In an evolving<br />
world, such tactics are risky. Oil may not<br />
disappear, but developed countries<br />
throughout the world are investing in new<br />
technologies. Europe is pedantically<br />
watching its reliance on Russia, and China<br />
is voraciously scouring the globe for its<br />
own means to development. However, in<br />
contrast, this essay has also illustrated<br />
aspects that may lead to sustained<br />
efflorescence in Russia.<br />
In recent years, a tendency for the<br />
government and private corporations to<br />
turn to various investments, such as their<br />
military modernizations, investments in<br />
infrastructure, and the expansion of oil<br />
exploration technologies may enable Russia<br />
to overcome some of its bottlenecks. In<br />
Russia, as with all nations, it is important to<br />
heed Goldstone’s insight: every economy<br />
overcame economic stagnation in a way<br />
specific to its own resources and<br />
conditions. The future investments Russia<br />
plans to make, and the investments it has<br />
already made, point to a new and<br />
interesting occurrence of top-down<br />
reforms. This method is yet to be fully<br />
tested; however, it does not automatically<br />
call for skepticism.<br />
Russia’s future falls heavily on three<br />
developments: First, Russia needs to<br />
follows its proposed projects to limit its<br />
resource dependency. Second, Russia must<br />
address its legal system to stave off<br />
corruption, and implement reforms that<br />
may lead to creative destruction. Finally, as<br />
77 <strong>Spring</strong> <strong>2015</strong> 77
the social attitudes, and the civil conditions<br />
in Russia evolve we can heed Goldstone’s<br />
claim:<br />
It just so happened that in the<br />
background of …efflorescences –<br />
that of eighteenth-century<br />
England—there lurked a particular<br />
cultural content … that combined<br />
with that otherwise normal<br />
efflorescence to create wholly novel<br />
breakthroughs… 38 (Emphasis<br />
added.)<br />
Cultural content was the creation of a<br />
“scientific culture” in England, which led a<br />
rich culture in experimentation eventually<br />
leading to the invention of the steam<br />
engine. This cultural content will always be<br />
different and specific to a country. For<br />
Russia, a cultural content may be budding<br />
in its civil society’s changing temperament.<br />
Larger swaths of Russian citizens now<br />
express new desires and demands; they<br />
want a new way to structure their lives<br />
based on less corruption, more freedom to<br />
protest, advanced avenues for<br />
entrepreneurship by shrinking oligarchic<br />
monopolies, and enhanced access to the<br />
global economy which brings with it a vast<br />
array of goods. It is possible that among<br />
those many demands lay the fodder for<br />
structural change in Russia.<br />
Regrettably, over time, the ability of<br />
Russia’s civilians to cause upheavals against<br />
the system seem to be combatted by strict<br />
laws and centralized power. As the world<br />
around Putin gives birth to more protests<br />
and rebellions, he appears to become more<br />
cautious of domestic ruckus. Depending<br />
on the tide of civil society, Russia could be<br />
compelled to meet the demands of its<br />
middle class. Those citizens, who want<br />
more than abstract GDP growth, will<br />
demand for the diversification of their<br />
economy. As civil unrest strains the powersharing<br />
structure between the government<br />
and the oligarchs it is undeniably important<br />
when considering Russia’s ability to break<br />
from its “otherwise normal” oscillations<br />
between efflorescence and stagnation, to<br />
look for the creation of a “cultural<br />
content.” Such content will define Russian<br />
society in a way best suited for advanced<br />
growth. This will be both a structural<br />
change and consequently, a change in the<br />
collective mentality.<br />
As Russia continues its struggle to<br />
sustain efflorescence, analysts should<br />
consider a Russia-specific phenomenon as<br />
the solution. It is only in this way that<br />
observers will understand more holistically<br />
the potential for sustained, and enduring<br />
efflorescence in Russia.<br />
JOEL ALEXANDER graduated with a bachelor's<br />
degree in Political Science from Columbia<br />
University, and is currently pursuing a master's<br />
degree in Global Affairs at New York University’s<br />
Center for Global Affairs in the International<br />
Business and Economics concentration. He is<br />
currently the Vice President for the Society of<br />
International Business and Economics at NYU.<br />
38 Goldstone, Jack A, “Efflorescences and<br />
Economic Growth in World History: Rethinking<br />
The “Rise Of The West” and The Industrial<br />
Revolution,” 376.<br />
78 <strong>Spring</strong> <strong>2015</strong> 78
Iraq: State Or National<br />
Collapse?<br />
Paul Mutter<br />
I<br />
I<br />
n the twentieth and twenty-first centuries,<br />
Iraq has lacked a strong sense of<br />
nationhood and a stable civil society. In<br />
their place rose a “fierce state” that prioritized<br />
the maintenance of security services to uphold<br />
the leaders’ power and an “uncivil society” of<br />
the country’s ruling class who existed apart<br />
from the lumpen masses but were barred<br />
from associating and organizing freely.<br />
Following U.S. occupation in 2003, Iraq’s<br />
“fierce state” and “uncivil society” unraveled<br />
quite rapidly. In the absence of a state for all<br />
its citizens, or more inclusive civil society<br />
institutions, sectarianism became the primary<br />
mode of political association. It is in sectarian<br />
terms that disputes are still framed, and armed<br />
camps organized. The question is, why have<br />
state building efforts failed across the<br />
spectrum in Iraq: is it because of the<br />
authoritarian state’s inherent weakness there,<br />
or because the depths of Iraqi sectarianism<br />
defy attempts to forge a common<br />
nationalism?<br />
The underlying problem, in fact, lies in<br />
the structural weaknesses of the Iraqi state.<br />
Iraq was and is a “fierce state,” but not a<br />
strong one, and this has been the case since its<br />
establishment as a nominally independent<br />
country in 1932. The fundamental weaknesses<br />
predate the U.S. occupation, which merely<br />
exposed them for the international stage. A<br />
“fierce state” seeks to control all aspects of its<br />
peoples’ lives to prevent them from acting on<br />
their rights as citizens. 1 And Iraqi uncivil<br />
1 M. E. Bouillon, “Iraq’s State-Building Enterprise:<br />
State Fragility, State Failure and a New Social<br />
Contract,” International Journal of Contemporary Iraqi<br />
Studies 6, no. 3 (2012): 286, accessed May 5, 2014.<br />
http://ezproxy.library.nyu.edu:15301/eds/pdfviewer/p<br />
society—which consisted of state-mandated<br />
membership for the ruling class in party<br />
organizations—was still basically tribal (as<br />
were most illegal associations outside of<br />
official circles). The Americans’ forced<br />
removal of this type of uncivil society in 2003<br />
saw a proliferation of multiple uncivil societies<br />
organized along ethnosectarian lines. 2<br />
Whether ex-Baathists, Shia militias, the<br />
Kurdish Regional Government, the U.S.- and<br />
Iran-backed federal government, or Sunni<br />
tribal gatherings, the rush to compete in this<br />
new order resulted in massive insecurity and<br />
violence. Sectarian rhetoric often served as<br />
cover for pursuing nakedly materialistic goals<br />
and vendettas. Iraq established a Shiadominated<br />
federal system, but the limited<br />
rights this system observes with respect to<br />
non-Shia means that Iraq will continue to be<br />
wracked by multiple insurgencies. Even now,<br />
the most forceful opponents of the<br />
government are ex-Baathists and Sunni tribes<br />
who see the naked sectarianism of al Qaeda in<br />
Iraq (now reorganized as the “Islamic State of<br />
Iraq and the Levant”) as a vehicle to advance<br />
their interests.<br />
THE NATURE OF “STATE”<br />
Why does the prewar condition of the<br />
Iraqi state matter? As M. E. Bouillon has<br />
noted, after the 1920s, “the state [in Arab<br />
countries] evolved from coveted prize and<br />
target of societal competition to instrument in<br />
the hands of those who had managed to<br />
capture it.” 3 This is what is meant by the<br />
fierce state in the literature. But “fierce” does<br />
not necessarily refer to a strong and stable<br />
dfviewer?sid=012545a9-6521-4dc9-915aa3e4383c5b05%40sessionmgr111&vid=8&hid=104.<br />
2 Phil Williams, “Criminals, Militias, and Insurgents:<br />
Organized Crime in Iraq,” Strategic Studies Institute<br />
(2009): xiii, accessed May 5, 2014.<br />
http://www.strategicstudiesinstitute.army.mil/pdffiles/<br />
pub930.pdf.<br />
3 Bouillon, “Iraq’s State-Building Enterprise,” 283.<br />
79 <strong>Spring</strong> <strong>2015</strong> 79
state. The fierceness of the state lies in its<br />
need to enforce its rule through violence and<br />
control the distribution of resources to<br />
concentrate (rather than dilute) power in the<br />
hands of a ruling coalition. What happened<br />
after 2003 was not a reverse of the process<br />
that Bouillon saw occurring between the<br />
1920s and the 1960s (when Iraqi Baathists<br />
seized power) but a revival across multiple<br />
coalitions. The paramount challenge for<br />
nation building in Iraq is less a matter of<br />
creating a coherent nationalism for all people<br />
within the border, than creating a state<br />
structure and rule of law within it. Francis<br />
Fukuyama's point that "reconstruction is<br />
possible when the underlying political and<br />
social infrastructure has survived conflict or<br />
crisis" is applicable here because in questions<br />
of building a nation, reconstruction is only<br />
possible if the machinery of state has survived<br />
intact. 4 State structure is a prerequisite to a<br />
successful nation. 5<br />
In Iraq, the rapidity and scale of "de-<br />
Baathification" meant that this premise was<br />
completely undone. 6 Iraqi functionaries forced<br />
out by the U.S. occupation authorities became<br />
rejectionists quite rapidly, aided by access to a<br />
cornucopia of arms caches and a lack of<br />
American troops to put out all the fires they<br />
set. The resulting sectarian conflicts in Iraq<br />
show, as Hawzhin Azeez suggests, “an<br />
attempt to forge their own sense of social<br />
consensus” but this presumes that an Iraq<br />
where the Sunni-Shia divide is still so raw is<br />
one that can actually agree on state structures. 7<br />
The question of “the nation” cannot be<br />
4 Francis Fukuyama, Nation-Building: Beyond Iraq and<br />
Afghanistan, (Baltimore: Johns Hopkins University<br />
Press, 2010), Kindle locations 146-147.<br />
5 Ibid., Kindle locations 3916-3918.<br />
6 RAND. “Chapter Ten: Iraq.” In America’s Role in<br />
Nation-Building: From Germany to Iraq. Eds. Dobbins,<br />
James et al. (Santa Monica: RAND, 2003), 166.<br />
7 Hawzhin Azeez, “Reconstructing Iraq: Iraq Statebuilding,<br />
Nation-building, and Violence,” Nebula 7, no.<br />
4 (2010): 80, accessed on May 5, 2014.<br />
http://nobleworld.biz/images/Azeez.pdf.<br />
decided without prior acceptance of powersharing<br />
norms short of internecine warfare.<br />
With several of the country’s major cities still<br />
under the control of the so-called Islamic<br />
State and much of the Kurdish north acting<br />
independent of Baghdad, such norms remain<br />
an illusion. 8 True, even with an extensive<br />
welfare state and security apparatus in place,<br />
the state was weak in Iraq because of the<br />
Baathist’s long rule: one elite group captured<br />
the state, refusing to countenance any other<br />
kind of arrangement or power-sharing<br />
structure that would diminish its powers. 9<br />
This is what made Iraq’s top 1-10% of<br />
citizens—the people who ran the various<br />
ministries and security services—an uncivil<br />
society. They were committed to an order that<br />
barred them and the rest of the population<br />
from forming alternative, non-state forums to<br />
associate in. 10<br />
Iraqi states in the modern era have all<br />
been weak on the institutional level. Violence<br />
was commonly used to settle disputes among<br />
the ruling classes repeatedly: first in 1920 and<br />
1941, against the British, again in 1958 against<br />
the pro-British monarchy, and in 1963 with<br />
the establishment of the Baathist dictatorship.<br />
But the fierce state of Saddam Hussein was<br />
also weak in the 1970s, 1980s, and 1990s<br />
because of the way the state was organized: as<br />
a "totalitarian, patrimonial system" that also<br />
"was an amalgam of a single-family and a<br />
8 Michael Barnett, “Building a Republican Peace:<br />
Stabilizing States after War,” International Security 30, no.<br />
4, (2006): 89, accessed May 5, 2014.<br />
http://ezproxy.library.nyu.edu:15301/eds/pdfviewer/p<br />
dfviewer?vid=9&sid=012545a9-6521-4dc9-915aa3e4383c5b05%40sessionmgr111&hid=104.<br />
9 Abbas Kelidar, “States without Foundations: The<br />
Political Evolution of State and Society in the Arab<br />
East,” Journal of Contemporary History 28, no 2 (1993):<br />
324, accessed May 5 2014.<br />
http://www.jstor.org/discover/10.2307/260713?uid=3<br />
739808&uid=2&uid=4&uid=3739256&sid=211037528<br />
35571.<br />
10 Nazih Ayubi, Over-Stating the Arab State: Politics and<br />
Society in the Middle East, (London and New York, I. B.<br />
Tauris, 1995: 22.<br />
80 <strong>Spring</strong> <strong>2015</strong> 80
single-party system.” 11<br />
A strong state structure, according to<br />
Abbas Kelidar, is necessary for the growth of<br />
nationalism. This has proven elusive in Iraq<br />
because “a powerful force of national and<br />
social mobilization has been incapable of<br />
serving as the foundation of political<br />
organization” due to a lack of shared<br />
historical identities within its borders. 12 Across<br />
the whole of the Middle East, multiconfessional<br />
political movements in other<br />
post-Ottoman Arab states often failed to<br />
agree on how to share power because the<br />
"state" was not seen as a legitimate<br />
participatory venue. The frequent recourse to<br />
violence suggested less a weak sense of<br />
nationhood than a dearth of acceptable<br />
power-sharing arrangements. 13 So, the contest<br />
for power among these factions has<br />
historically ended with one or two of them<br />
capturing the state and resorting to divideand-rule<br />
politics. These factions fail to agree<br />
on power-sharing arrangements, instead<br />
resorting to officially sanctioned violence to<br />
maintain the status quo and, for the<br />
persecuted have-nots, insurgency. 14<br />
The late dictator’s policies were not<br />
“conducive to the development of an<br />
integrative condition in which a coherent<br />
11 Faleh Jabar, Postconflict Iraq: A Race for Stability,<br />
Reconstruction, and Legitimacy, (Washington, D.C.: USIP,<br />
2004): 7, accessed May 5, 2014.<br />
http://www.usip.org/sites/default/files/sr120.pdf.<br />
12 Kelidar, “States without Foundations,” 320.<br />
13 As’ad AbuKhalil, “The Longevity of Arab Regimes:<br />
Causes of Oppression,” in Modern Middle East<br />
Authoritarianism: Roots, Ramifications, and Crisis. Eds.<br />
Benoun, Noureddine; Kia, Mehrdad; and Kirk, Mimi.<br />
(New York: Routledge, 2014). 50.<br />
14 North Yemen, now part of the Republic of Yemen,<br />
was another example of such a polity, a state where<br />
there was barely any “state” beyond the barracks.<br />
Whether under a monarch (before 1962), generals’<br />
clique (from 1974) or nepotistic family of bureaucrats<br />
(to 2011), coups were depressingly common in North<br />
Yemen because there was no other “accepted”<br />
mechanism for the transfer or modification of power.<br />
The North Yemeni state was also a fierce state, then.<br />
sense of political identity and stable political<br />
institutions could be established on firm<br />
foundations.” 15 Military institutions showed<br />
similar favoritism, failing to become vehicles<br />
for shared national identity given the high<br />
concentration of Sunni Arab officers and<br />
specialists (in other countries, like Lebanon or<br />
North Yemen, one could see Christians or<br />
Shia in similar positions). The Shia and<br />
Kurdish insurgencies in Iraq were, from the<br />
insurgents’ perspective, the only logical<br />
responses to this situation: to be<br />
acknowledged, they had to fight the state<br />
because no other form of protest was<br />
“legitimate.”<br />
“State-building in the Middle East”<br />
says Stephen Townley, “may function best at<br />
the sub-state level” precisely because it<br />
requires varied groups lacking a concrete<br />
national identity accepting that they need to<br />
agree on a set of rules to provision their own<br />
constituencies and then, moving forward,<br />
interact with others. 16 This has been how<br />
Iraqis have groped towards building a “new”<br />
Iraq since 2003: by attempting to renounce<br />
winner-take-all political violence in favor of<br />
negotiated transfers of authority and other<br />
arrangements, like revenue sharing. 17 The<br />
process is far from complete. Though the<br />
“nation” of Iraq is a fragile one, the real<br />
problem at hand is the failure of an Iraqi state<br />
to provide a secure space for citizens of<br />
different associations present to see<br />
themselves a part of, and have a stake in<br />
maintaining, the state even if it makes them<br />
more insecure and less privileged relative to<br />
other groups.<br />
15 Kelidar, “States without Foundations,” 327.<br />
16 Stephen Townley, “Perspectives on Nation-<br />
Building,” The Yale Journal of International Law 30, no.<br />
347 (2005: 359, accessed May 5, 2014.<br />
http://heinonline.org/HOL/LandingPage?handle=hei<br />
n.journals/yjil30&div=13&id=&page=.<br />
17 Bouillon, “Iraq’s State-Building Enterprise,” 292.<br />
81 <strong>Spring</strong> <strong>2015</strong> 81
THE IRAQ FIERCE STATE: FEET OF<br />
CLAY<br />
The Iraqi state was, in short, “over<br />
stated”: it was imagined to be much stronger<br />
than it was simply because it projected such<br />
an image. 18 So how were the Iraqi Baathists<br />
able to build a state that was, at its core,<br />
extremely weak as a set of institutions and<br />
norms despite its authoritarian longevity? The<br />
Baathist regime, set up in 1963, endured until<br />
2003, with only a short interruption of its rule<br />
in the late 1960s. The three basic conditions<br />
of the “fierce state” existed throughout this<br />
period. A “democracy of bread” that was the<br />
oil-subsidized welfare system, a brutal internal<br />
policing mechanism, and a rallying cry of<br />
exclusivist nationalism over competing<br />
ideologies such as communism, pan-Arabism,<br />
and Islamism. 19<br />
The Baathist authorities offered Iraqis<br />
a “choice,” so to speak: accept a social<br />
contract that stultifies civil society in exchange<br />
for welfarism. Such states appear strong, but<br />
rely on the consent of the (un)governed: any<br />
form of mass protest or security disturbance<br />
has the potential to bring down the whole<br />
edifice if not crushed immediately, which is<br />
why the Baath Party responded so brutally<br />
both to attempted insurgencies and the<br />
mildest forms of dissent. 20<br />
Joining the Baathist Party was a<br />
prerequisite for career advancement, and was<br />
predicated on stifling any unapproved or<br />
potentially disruptive associations. 21 The<br />
Punishment Law 111 (Section 200) of the<br />
Baath Party’s charter allowed the regime to<br />
sentence party members to death if a member<br />
had any unlicensed affiliations with other<br />
political movements in Iraq—which is to say,<br />
all of them. Special attention was also paid to<br />
inductees who had been active in any<br />
movement that was banned after 1968, since<br />
this meant they had had such associations. 22<br />
Informing on colleagues was encouraged, and<br />
torture was common as well. 23 All of this<br />
helped the state prevent the emergence of<br />
civil society by promoting distrust and<br />
isolation: members of Saddam Hussein's<br />
family were not even immune from such<br />
checks on their power if they were seen by<br />
him to have stepped out of line. 24 Even the<br />
military remained divided, under suspicion,<br />
and, given the shortages plaguing the country<br />
after 1991, a competitor in internal “politics.”<br />
Although Western and Arab intelligence<br />
services expected palace coups to take place<br />
against Saddam Hussein during the 1990s, the<br />
officer corps remained loyal to him.<br />
Uncivil society building in Iraq also<br />
meant breaking up tribal associations, because<br />
these could serve as the basis for reforms,<br />
demands, and agitation. Tribes were, and are,<br />
central to Iraqi political organization:<br />
“Saddam co-opted the tribal organizations<br />
that undergirded Iraq,” according to Peter<br />
Van Buren, “manipulating the local sheiks<br />
toward his own ends by giving power to<br />
some, money to others, and depriving those<br />
who crossed him of both.” 25 The Baath Party<br />
divided and ruled tribes by creating two levels<br />
of leadership within each of them that would<br />
18 Ayubi, Over-Stating the Arab State, 3.<br />
19 RAND, “Chapter Ten: Iraq,” 178.<br />
20 Stephen Kotki,. Uncivil Society: 1989 and the Implosion of<br />
the Communist Establishment, (New York: Random House<br />
Publishing Group, 2009): Kindle location 2776.<br />
21 Phebe Marr, “Where Is Iraq Headed?” American<br />
Foreign Policy Interests 25 (2003): 368, accessed May 7,<br />
2014.<br />
http://ezproxy.library.nyu.edu:15301/eds/pdfviewer/p<br />
dfviewer?vid=4&sid=012545a9-6521-4dc9-915aa3e4383c5b05%40sessionmgr111&hid=104.<br />
22 Mark Magnier, “Documents Reveal Extent of Baath<br />
Party Rule,” The Los Angeles Times, April 6, 2003,<br />
accessed May 2, 2014.<br />
http://articles.latimes.com/2003/apr/06/news/warbaath6.<br />
23 Marr, “Where Is Iraq Headed?” 370.<br />
24 AbuKhalil, “The Longevity of Arab Regimes,” 45.<br />
25 Peter Van Buren, We Meant Well: How I Helped Lose<br />
the Battle for the Hearts and Minds of the Iraqi People, (New<br />
York: Henry Holt and Co., 2011): Kindle location 75.<br />
82 <strong>Spring</strong> <strong>2015</strong> 82
e at odds with one another. 26<br />
Efforts to create a strong state in Iraq<br />
largely failed due to domestic political<br />
maneuverings, but uniquely among other<br />
fierce states in the Middle East, external<br />
factors had a significant impact. No other<br />
Middle Eastern dictatorship has ever been as<br />
sanctioned as Iraq between 1991 and 2003. 27<br />
These external factors crippled what state<br />
infrastructure did exist prior to 2003, and<br />
undermined (though did not collapse) uncivil<br />
society’s bargain with the state. Yet people's<br />
“strategies of survival” did become less<br />
dependent on state agencies than on the<br />
United Nations, their extended families, and<br />
local notables with access to humanitarian<br />
goods and permits. Saddam Hussein<br />
exacerbated these developments when he<br />
turned a blind eye to rampant government<br />
corruption to focus on placating his most<br />
important loyalists. As for the rest of the<br />
population, sixty percent of Iraqis lived below<br />
the poverty line by 2003, and an equal number<br />
received their daily bread from the UN's Oil<br />
for Food program. 28 Even the usually wellprovisioned<br />
internal security services were not<br />
unaffected: their duties in Baghdad Province<br />
increasingly fell to hastily deputized Sunni<br />
militias, simply due to the cost saving<br />
measures this move produced. 29<br />
While Baathism prevented the<br />
emergence of civil society under Saddam<br />
Hussein's rule, internal conflict did not “end”<br />
when the Baathist took power. Iraqi Shia,<br />
26 Williams, “Criminals, Militias, and Insurgents:<br />
Organized Crime in Iraq,” 26.<br />
27 RAND, “Chapter Ten: Iraq,”163.<br />
28 Hasan Latif Kathim al-Zubaydi, “Iraq's Poverty Since<br />
the 1980s—A Story of National Decline,” Niqash,<br />
January 9, 2007, accessed on May 5, 2014.<br />
http://www.niqash.org/articles/?id=1986.<br />
29 Eric Davis, “Sectarianism, Historical Memory, and<br />
the Discourse of Othering: The Mahdi Army, Mafia,<br />
Camorra, and ‘Ndrangheta,” in Uncovering Iraq:<br />
Trajectories of Disintegration and Transformation. Eds.<br />
Toensing, Chris and Kirk, Mimi, (Washington, D.C.:<br />
Center for Contemporary Arab Studies, 2010): 91.<br />
especially, continued to exist outside of the<br />
state structure and build their own networks,<br />
states within states. Kurdistan was effectively<br />
independent after 1995. These disputes could<br />
not simply be frozen by the regime’s policies,<br />
and exploded after 2003. 30 As one Iraqi man<br />
asked Foreign Service Officer Van Buren<br />
during his tour in Anbar Province, “when will<br />
you [Americans] close the door you opened in<br />
our country?” 31 This is the reality that the U.S.<br />
and Iraqis faced in 2003, “a plethora of social,<br />
institutional, economic, and cultural forces,<br />
hitherto dormant, emerged in full force”—<br />
and no one was ready for what came next. 32<br />
Sunnis have reacted to their diminished power<br />
by resorting to violence, which spurs Shias to<br />
press harder against them—while the Shias'<br />
act of holding onto power through force<br />
means they are fanning the flames of the<br />
Sunnis’ rejectionist position.<br />
It was extremely unlikely that national,<br />
democratic institutions could function<br />
effectively in these conditions. 33 They did not,<br />
and this outcome reflected an absence of<br />
“civic culture” among communities. The<br />
process has unfolded differently among<br />
various communities in Iraq, but several<br />
commonalities are present, and these play<br />
against one another across group actors.<br />
STATE COLLAPSE: THE SUNNI VIEW<br />
The Sunni experience in the “new”<br />
Iraq has been especially jarring, and indicative<br />
of the challenges of state building that Iraq<br />
faces. 34 The Sunnis in Iraq had, until 2003,<br />
been the ruling class, initially due to the Turks<br />
and the British. Though nationalist and<br />
secularist regimes after WWII tried to<br />
subsume Sunni identity in uncivil society<br />
30 Davis, “Sectarianism, Historical Memory, and the<br />
Discourse of Othering,” 93.<br />
31 Van Buren, We Meant Well, 90.<br />
32 Jabar, Postconflict Iraq, 14.<br />
33 Davis, “Sectarianism, Historical Memory, and the<br />
Discourse of Othering,” 67.<br />
34 Bouillon, “Iraq’s State-Building Enterprise,” 287.<br />
83 <strong>Spring</strong> <strong>2015</strong> 83
ased on patronage and the politics of fear,<br />
that privileged tribalism never disappeared. As<br />
noted above, Sunni tribal autonomy grew<br />
during the 1990s due to the impoverishment<br />
of the state after the First Gulf War. 35 Because<br />
they were denied the ability to form free<br />
associations, Sunni leaders had become used<br />
to in-group welfarism and corruption, the<br />
latter simply an extension of welfare and<br />
patronage politicking. This uncivil society was<br />
effectively forced to disband by the Coalition<br />
Provisional Authority (CPA) in 2003, putting<br />
over half a million people out of work. These<br />
men and women fell back on tribal, familial,<br />
and criminal network that had emerged in<br />
place of an authentic civil society. Forcing all<br />
of these individuals out of their jobs proved<br />
to be an undesirable undertaking from a<br />
security standpoint. It meant renegotiating a<br />
social contract and finding capable<br />
administrators in impossibly short time. 36<br />
Iraqis finally had the chance to build a civil<br />
society but could not depend on paid<br />
employment, safe travel, or even regular<br />
access to water and electricity.<br />
Then came the 2005 national<br />
elections. The electoral list that year was very<br />
closely identified with the CPA by Sunnis, as<br />
well as the U.S. and Iran more broadly, both<br />
of whom were resented for expanding their<br />
influence into the country. 37 The Sunnis had<br />
been stripped of power, while the Iraqi Shia—<br />
despite having experience organizing their<br />
communities—had never run anything at the<br />
national level. In this situation, the barriers to<br />
35 Williams, “Criminals, Militias, and Insurgents:<br />
Organized Crime in Iraq,” 26.<br />
36 Thomas E. Ricks, Fiasco: The American Military<br />
Adventure in Iraq, 2003 to 2005, (New York: Penguin<br />
Group US, 2006): Kindle location, 161-2.<br />
37 Bellin, “The Robustness of Authoritarianism in the<br />
Middle East: Exceptionalism in Comparative<br />
Perspective.” Comparative Politics 36:2, 2004.<br />
. Accessed 5<br />
May 2014. 150.<br />
national unity were tremendous because the<br />
short-term incentive for Iraqi politicians was<br />
to build up competing, exclusivist state<br />
capacities within their particular<br />
ethnosectarian associations. 38 In Sunni areas, a<br />
U.S. military survey noted at the time, “the<br />
vast middle ground does nothing to stop<br />
[Baathist insurgents] and to date does not see<br />
it in their interest to help us corner them.” 39<br />
Though the 2005 elections had been<br />
demanded by many Iraqi leaders—taken as a<br />
sign of a willingness to build a state where<br />
power would be contested through<br />
institutions—the process arguably ended in<br />
failure. 40 Those appointed were meant to<br />
represent a balance of émigré and domestic<br />
politicians, and the country’s largest ethnic<br />
groups. This approach was unreflective of the<br />
new social spaces emerging within the<br />
country. It signaled to Iraqis that the central<br />
state was not worth supporting, but was<br />
worth capturing. This led to some of the first<br />
waves of attacks on those associated with the<br />
occupation had focused on perceived<br />
collaborators with the occupying forces. 41<br />
Another significant challenge was that Sunnis<br />
simply refused to “buy in” to a unified state<br />
due to Shias controlling distribution of basic<br />
resources and welfare assistance.<br />
The Sunni tribal “Sons of Iraq”<br />
movement had the potential to be a<br />
significant moment in state building. It was,<br />
however, ultimately compromised by the<br />
inability of the central government to accept<br />
the legitimacy of the movement and give up<br />
some of its power by recognizing the Sons'<br />
security gains against their common enemy, al<br />
Qaeda in Iraq (AQI, now ISIL or the “Islamic<br />
State”). Prior to the movement's formation,<br />
38 Wayne White, “The Saga of Iraqi Electoral<br />
Disappointment,” LobeLog, May 8, 2014, accessed on<br />
May 8, 2014. http://www.lobelog.com/the-saga-ofiraqi-electoral-disappointment/.<br />
39 Ricks, Fiasco, 216.<br />
40 Jabar, Postconflict Iraq, 8.<br />
41 Ricks, Fiasco, 215.<br />
84 <strong>Spring</strong> <strong>2015</strong> 84
the incessant attacks on Sunni communities<br />
by Shia militias and AQI led many Sunnis to<br />
decide not to trust the new authorities since<br />
“the very force that was designed to protect<br />
them [the Iraqi national police] preyed on<br />
them instead.” 42 In response to this, and the<br />
depredations of AQI, Sunni leaders in the<br />
western reaches of the country began<br />
organizing themselves into self-defense<br />
leagues and soliciting U.S. assistance, which<br />
from 2007 to 2009, was provided in<br />
significant quantities. Yet when Sunni leaders<br />
went to Baghdad to obtain official blessing,<br />
the government of Nouri al-Maliki only<br />
reluctantly granted it. Maliki and his pro-Iran<br />
coalition had to be dragged into supporting<br />
the “Awakening.” 43 Baghdad eventually<br />
reneged on promises to integrate Sunnis from<br />
these self-defense units into the security<br />
apparatus, and the Shia-dominated police<br />
were especially hostile to them. This has<br />
become even more pronounced since 2014<br />
with the upgrading of many Shia militias’<br />
capabilities by the Baghdad government (and<br />
Iran) to take over counterinsurgency<br />
operations from the national army that<br />
collapsed before the onslaught of the Islamic<br />
State due to mass desertions. Though some<br />
token Sunni militias fight alongside these<br />
heavily armed irregulars, Shia formations like<br />
Katib Hezbollah and the Badr Organization<br />
far outnumber them and the regular Iraqi<br />
National Army forces, and have ethnically<br />
cleansed Sunni or Kurdish areas in the north<br />
and west of the country.<br />
Even before this, the Shia leadership<br />
saw few reasons, after the U.S. troop<br />
withdrawal negotiated by the Bush<br />
Administration took effect, to accede to<br />
further American pressure to recognize the<br />
Sons. This, in turn, convinced some Sunni<br />
42 Williams, “Criminals, Militias, and Insurgents:<br />
Organized Crime in Iraq,” 15.<br />
43 Thomas E. Ricks, The Gamble: General Petraeus and the<br />
American Military Adventure in Iraq, (New York: Penguin<br />
Group US, 2009): Kindle Locations 1456-1457.<br />
groups they were better off keeping their arms<br />
and rejecting vague promises of recognition<br />
and salaried positions. 44 The new wave of<br />
violence in the Sunni-majority Al Anbar<br />
Province that began in 2013—several years<br />
after the supposed success of the<br />
“Awakening”—was precipitated by the<br />
Baghdad authorities' cracking down on<br />
opposition Sunni politicians there. 45 Prior to<br />
that, as a result of the questionable 2010<br />
election results that returned Maliki to power,<br />
“Sunnis lost faith in the political process and<br />
the jihadists were once again able to make<br />
inroads among them.” 46<br />
STATE BUILDING: THE SHIA VIEW<br />
For Iraqis to accept the idea that “the<br />
costs of democratic politics [were] preferable<br />
to the costs of resorting to violence in terms<br />
of achieving their goals of acquiring power” is<br />
a tall order in light of their country’s history.<br />
But, Shia parties in the country have started to<br />
accept this principle to a degree. 47 This is<br />
because of a conscious decision to contest<br />
authority by becoming authority, rather than<br />
operating outside of the system.<br />
Unfortunately, intimidation and patronage are<br />
44 Joel Wing, “Continued Problems Integrating The<br />
Sons of Iraq,” Musings on Iraq, August 10, 2010,<br />
accessed on April 28, 2014.<br />
http://musingsoniraq.blogspot.com/2010/08/continu<br />
ed-problems-integrating-sons-of.html.<br />
45 Dexter Filkins, “What We Left Behind,” The New<br />
Yorker, April 28, 2014, accessed on May 7, 2014.<br />
http://www.newyorker.com/reporting/2014/04/28/1<br />
40428fa_fact_filkins?currentPage=all.<br />
46 Joel Wing and Peter Mansoor, “Inside The Surge An<br />
Interview With Prof Peter Mansoor Former Executive<br />
Officer To Gen Petraeus,” Musings on Iraq, December<br />
31, 2013, accessed on May 7, 2014.<br />
http://musingsoniraq.blogspot.com/2013/12/insidesurge-interview-with-prof-peter.html.<br />
47 Eric Davis, “Islamism, Authoritarianism, and<br />
Democracy: A Comparative Study of Egypt and Iraq,”<br />
in Modern Middle East Authoritarianism: Roots,<br />
Ramifications, and Crisis. Eds. Benoun, Noureddine; Kia,<br />
Mehrdad; and Kirk, Mimi, (New York: Routledge,<br />
2014), 218.<br />
85 <strong>Spring</strong> <strong>2015</strong> 85
still accepted means to contest others for<br />
power, whether against other Shia factions or<br />
those outside that community. Such actions<br />
have done little to foster a less-exclusivist<br />
ideal of nationalism. The paradox is that<br />
building a stronger central state has led to<br />
sub-national groupings increasing their power<br />
at the state’s expense by siphoning off<br />
resources. 48<br />
It is more appropriate to compare<br />
Shia militias and their affiliated<br />
political/welfare arms with criminal<br />
organizations than with purely sectarian<br />
vehicles for power. 49 The Shia leadership in<br />
Iraq as whole, despite sectarian and regional<br />
differences, has shared a common historical<br />
experience in that they had been ruled by<br />
foreigners, deliberately neglected by the state<br />
after independence, and viewed as inherent<br />
troublemakers or the indolent poor. Because<br />
successive governments in Baghdad “failed to<br />
demonstrate any form of civil commitment<br />
toward the local population,” multiple “extralegal<br />
social organizations” arose at the<br />
expense of a common national identity. 50<br />
Since the 1920s, Shia sectarian identity has<br />
hardened as community leaders built up their<br />
own state within a state to provide services to<br />
neglected communities. The Baathists'<br />
crushing of Iraqi nationalists, communists,<br />
and pan-Arabists after seizing power in 1963<br />
further solidified Shia identity. The Baathists<br />
destroyed actors who could or would bridge<br />
the gaps to the much larger Shia population.<br />
Once these movements were taken care of,<br />
active measures against prominent religious<br />
figures in the predominantly Shia cities of<br />
Najaf and Karbala began in earnest in the<br />
1970s. These sweeps culminated in a series of<br />
mass killings in 1992 following a failed<br />
48 Williams, “Criminals, Militias, and Insurgents:<br />
Organized Crime in Iraq,” 204.<br />
49 Davis, “Islamism, Authoritarianism, and<br />
Democracy”. 207.<br />
50 Davis, “Sectarianism, Historical Memory, and the<br />
Discourse of Othering,” 78.<br />
uprising in the south of the country by<br />
Iranian-backed Shia insurgents.<br />
After this failed uprising, Muqtada al-<br />
Sadr came to represent the new approach to<br />
politics and state building. His father,<br />
assassinated by the Baathist secret police in<br />
1999, had set the groundwork for him, by<br />
turning to the UN for relief aid under the<br />
sanctions regime and using this aid to<br />
organize a committed following. But, the elder<br />
al-Sadr differed from his predecessors who<br />
had founded Iraq’s first Islamist party (Da'wa)<br />
in that he sought to become part of the state<br />
apparatus in order to co-opt it. 51 The Sadrists’<br />
model was not unlike Hezbollah’s in Lebanon:<br />
a charity, an army, and an electoral list all at<br />
the same time. The divide was, according to a<br />
2003 report in The Baltimore Sun, between<br />
“older ayatollahs … counseling patience with<br />
the occupation” and “the younger faction<br />
[that] wants to found an Islamic state” around<br />
the younger al-Sadr. 52<br />
Sadr, who took a more conciliatory<br />
tone with the U.S.-backed government at the<br />
start than other aspiring political strongmen,<br />
revolted in 2004 after a crackdown on his<br />
organization. His forces took over local<br />
government offices and disarmed the police in<br />
Shia communities. 53 Faced with a determined<br />
U.S. response, Sadr eventually backed down<br />
and announced that he regarded the interim<br />
elections set for 2005 as legitimate. But his<br />
insurrection had proven a point. 54 Sadr was<br />
51 Robert Baer, The Devil We Know: Dealing with the New<br />
Iranian Superpower, (Crown Publishing Group, 2008):<br />
Kindle locations 731-3.<br />
52 New York Times News Service, “Blast kills 90, top<br />
Shiite cleric,” The Baltimore Sun, August 30, 2003,<br />
accessed on May 8, 2014.<br />
http://articles.baltimoresun.com/2003-08-<br />
30/news/0308300269_1_najaf-al-hakim-importantshiite.<br />
53 Marr, “Where Is Iraq Headed?” 366.<br />
54 Tareq Y. Ismael and Max Fuller, “The disintegration<br />
of Iraq: the manufacturing and politicization of<br />
sectarianism,” International Journal of Contemporary Iraqi<br />
Studies 2, no. 3 (2008): 465, accessed May 7, 2014.<br />
http://ezproxy.library.nyu.edu:15301/eds/pdfviewer/p<br />
86 <strong>Spring</strong> <strong>2015</strong> 86
very successful in building a shadow state that<br />
could and still does provide security for his<br />
followers. 55 Sadr, like other Shia leaders,<br />
decided in the wake of his initial military<br />
actions against the U.S. and its Iraqi<br />
collaborators that his organization had the<br />
chance to take “control of a state apparatus<br />
stripped bare by the looting,” in “an<br />
opportunity to obtain resources and benefits<br />
long denied them.” 56 So even as the country<br />
fell into civil war, some Shia leaders opted in<br />
to the U.S.-backed order. Even the popular<br />
Ayatollah Sistani, who had earlier railed<br />
against the country's first elections, reversed<br />
course and publicly backed the process.<br />
Acquiring control of the state would produce<br />
an even greater chance to provision the Shia<br />
community, so that by 2006, Prime Minister<br />
Nour al-Maliki led the opting-in of Iraqi Shia to<br />
form a central government. For Maliki and<br />
company the Americans “became adjudicator<br />
and enforcer in criminal disputes dressed up<br />
as political differences, siding with one set of<br />
violent armed groups engaged in criminal<br />
activities against other groups judged more<br />
dangerous.” 57 Sadr's militia, too, “bought in”<br />
when faced with the prospect of further<br />
armed conflict with the U.S. and Maliki's<br />
security services. His organization was<br />
ostensibly disbanded, with its gunmen folded<br />
into the security services or national<br />
parliament. Yet while it may have given up its<br />
paramilitary operations, the group’s political<br />
leaders remained committed to providing<br />
welfare services and “protection” to Shia<br />
communities in a long line of Shia state within<br />
a state activities. 58 In any event, the Sadrists<br />
remobilized their paramilitary wing in 2014 in<br />
dfviewer?vid=18&sid=012545a9-6521-4dc9-915aa3e4383c5b05%40sessionmgr111&hid=104.<br />
55 Ibid., 460.<br />
56 Williams, “Criminals, Militias, and Insurgents:<br />
Organized Crime in Iraq,” 202.<br />
57 Ibid., xv.<br />
58 Davis, “Sectarianism, Historical Memory, and the<br />
Discourse of Othering,” 96.<br />
order to fight the Islamic State after the<br />
national army’s repeated failures to do so.<br />
Although the Sadrist organizations<br />
decided that the best bet for their future was<br />
to sign on to a broader Shia bloc, they have<br />
long dropped hints that they are willing to<br />
return to the barricades. It is incorrect to<br />
imagine that Sadr has full control over them<br />
in this respect, or that his own followers’<br />
actions do not tie his hands because the<br />
organization has a very ill-defined power<br />
structure since it aspires to be a big tent<br />
movement over its rivals, including members<br />
of Sadr's own family. 59 “The Mahdi Army has<br />
become a worrisome burden on the Sadrist<br />
movement, which seeks to become a political<br />
faction that does not work with weapons,”<br />
reported an Iraqi journalist in 2013, adding<br />
that most of the movement’s leadership<br />
outside of Sadr’s own circle subscribes to the<br />
view that the electoral process cannot be<br />
trusted to protect their communities’<br />
security. 60 This sort of behavior is driven by<br />
lack of security, but it is also driven by the<br />
common themes of “political ambition, and<br />
the imperatives of resource generation” in a<br />
country where state capture is the objective of<br />
most organized political actors. 61<br />
The Sadrists and the current ruling<br />
coalition now find themselves confronted<br />
with Shia militias like Asaib Ahl al-Haq, which<br />
while declaring its support for a united Shia<br />
bloc in parliament uses intimidation to<br />
59 Harith Hasan, “Is Muqtada al-Sadr retiring or<br />
repositioning?” Al-Monitor, Transl. Rani Geha, Al-<br />
Monitor, February 21, 2014, accessed on May 7, 2014.<br />
http://www.almonitor.com/pulse/originals/2014/02/sadr-decisionretire-repositioning.html#ixzz312eE9Ld7.<br />
60 Ali Abel Sadah, “Sadr Reconsiders Political Role,<br />
Mahdi Army,” Transl. Sahar Ghoussoub, Al-Monitor,<br />
August 28, 2013, accessed on May 7, 2014.<br />
http://www.almonitor.com/pulse/originals/2013/08/iraq-clashesmahdi-army-asaib-ahl-al-haqsadr.html#ixzz312cdBVDx.<br />
61 Williams, “Criminals, Militias, and Insurgents:<br />
Organized Crime in Iraq,” xi.<br />
87 <strong>Spring</strong> <strong>2015</strong> 87
compete with its fellow Shia. 62 Within the Shia<br />
communities of Iraq, then, is a lack of<br />
acknowledgment for “a larger and more<br />
diverse cultural and political universe.” 63 Even<br />
at the height of his power, Maliki only directly<br />
controlled a few military units: he was<br />
otherwise very reliant on former members of<br />
the Badr Organization, who were at odds with<br />
the Sadrists. 64 A proliferation of such<br />
organizations weakens state structures and the<br />
idea of an “Iraqi nation” through<br />
parochialism. The Sadrists, in particular, are<br />
characterized by vigilantism and extensive<br />
local autonomy that cannot easily be reined<br />
in. 65 Newer groups formed in the wake of the<br />
army’s 2014 disasters, are much more<br />
assertive in using armed action to carve out a<br />
space for themselves. One of these new<br />
militia leaders, when asked by a reporter “will<br />
you train the security forces, or bring your<br />
own men?” in the event of further jihadist<br />
attacks on Shia communities said that he<br />
would bring his own men in. 66 Though there<br />
is no reason to doubt that sectarian beliefs are<br />
sincerely felt as part of their worldview, it is<br />
worth noting that religious fiat is merely the<br />
tool that paramilitaries use to win political<br />
power by force.<br />
62 Ali Mamouri, “The Rise of 'Cleric Militias' in Iraq.”<br />
Transl. Tyler Huffman, Al-Monitor, July 23, 2013.<br />
http://www.almonitor.com/pulse/originals/2013/08/iraq-clashesmahdi-army-asaib-ahl-al-haqsadr.html#ixzz312cdBVDx.<br />
63 Davis, “Sectarianism, Historical Memory, and the<br />
Discourse of Othering,” 69.<br />
64 Thomas E. Ricks, “The Best Defense Iraq, the<br />
unraveling (VI): looming intra-Shia violence?” Foreign<br />
Policy, April 24, 2009, accessed on May 5, 2014.<br />
http://ricks.foreignpolicy.com/posts/2009/04/24/ira<br />
q_the_unraveling_vi_looming_intra_shia_violence.<br />
65 Williams, “Criminals, Militias, and Insurgents:<br />
Organized Crime in Iraq,” 239.<br />
66 Watheq al-Battat, “Iraqi Shiite Militia Leader Watheq<br />
al-Battat: I Would Support Iran in a War against Iraq,”<br />
MEMRI, October 23, 2013, accessed on May 7, 2014.<br />
http://www.memri.org/clip_transcript/en/4046.htm.<br />
CONCLUSION: IRAQ’S<br />
INSTITUTIONAL ANEMIA<br />
As Toby Dodge writes, Iraq was<br />
imagined by its American occupiers as a<br />
country where the central government's<br />
“capacity is ultimately grounded in the extent<br />
to which its administrative staff successfully<br />
upholds the claim to the monopoly of the<br />
legitimate use of physical force in the<br />
enforcement of its order.” 67 The dictum that<br />
“the real goal is to create as many Iraqis as<br />
possible who feel they have a stake in the new<br />
Iraq” sounds like an effective solution, but the<br />
reality is that without an agreed-upon “Iraqi<br />
state,” the violence will continue within and<br />
among armed factions. 68 This underlines just<br />
how much the Government of Iraq has failed<br />
to create conditions conducive to the<br />
formation of a sense of national identity (or<br />
even sectarian identity) that, if felt across the<br />
political spectrum, would help reduce violence<br />
within Shia communities, and against outgroups<br />
like the Sunnis or other minorities by<br />
the Shia-dominated security services. 69<br />
A state structure that Iraqis of all<br />
creeds and ethnicities can accept as legitimate<br />
requires “space for societal actors to<br />
determine for themselves what the good life is<br />
and how to achieve it.” 70 Ultimately, the state<br />
can only be accepted as legitimate when it<br />
operates in “a regularized fashion.” 71 The only<br />
way forward is for civil society—which<br />
despite all of the setbacks and catastrophes of<br />
the past decade (and its stunting under<br />
67 Toby Dodge, “Iraq: the contradictions of exogenous<br />
state-building in historical perspective,” Third World<br />
Quarterly 27, no. 1 (2006): 189, accessed May 7, 2014.<br />
http://ezproxy.library.nyu.edu:15301/eds/pdfviewer/p<br />
dfviewer?vid=15&sid=012545a9-6521-4dc9-915aa3e4383c5b05%40sessionmgr111&hid=104.<br />
68 Ibid., 190.<br />
69 Dahr Jamail, “Maliki's Iraq: Rape, Executions and<br />
Torture,” Truthout, March 21, 2013, accessed May 20,<br />
2014. http://truth-out.org/news/item/15246-malikisiraq-rape-executions-and-torture.<br />
70 Barnett, “Building a Republican Peace,” 90.<br />
71 Bouillon, “Iraq’s State-Building Enterprise,” 290.<br />
88 <strong>Spring</strong> <strong>2015</strong> 88
Saddam Hussein and other autocrats) has<br />
grown tremendously with the loosening of<br />
censorship and state patronage—to develop,<br />
and learn “the arts of consensus building,<br />
[and] compromise.” 72 The challenge remains:<br />
that civil society move toward underwriting a<br />
state structure, especially, a working legislative<br />
process and a national army not beholden to<br />
different tribal leaders and bureaucratic<br />
factions.<br />
Now that some factions have started<br />
to grope towards a consensus of state power,<br />
they can no longer ride out in opposition and<br />
must make compromises to compete within<br />
the framework set by the central government.<br />
This often means cooperating with an outgroup<br />
and enforcing conformity among<br />
internal dissenters. Ideally, this should<br />
strengthen the community's sense of being<br />
protected by the state and thus, part of a<br />
single nation within the state's borders. But in<br />
order to placate core constituencies, some<br />
groups will brutalize and extort both Sunni<br />
and Shia citizens. Clearly, a civil society that<br />
does not resort to violence to win a share of<br />
the pie is still a long way off in light of the<br />
Shia parties’ recent debates over how to do<br />
just that. 73<br />
The door the Americans opened is<br />
not going to close anytime soon, so a<br />
“national identity” will likewise remain elusive,<br />
especially as the counterinsurgency against the<br />
Islamic State takes on a more sectarian<br />
character. Shia militias persecute all Sunnis in<br />
an area of operations, regardless of their<br />
complicity. Kurdish forces have evicted non-<br />
Kurds from their areas of operation for<br />
“security reasons,” and Sunni communities<br />
have turned on their non-Sunni neighbors,<br />
especially if they are part of Iraqi’s smallest<br />
minority groups (and therefore, the least<br />
militarily-organized or influential). The Iraqi<br />
state remains over stated, and increasingly, so<br />
is the concept of a common Iraqi nationality<br />
whose survival is now in much more doubt<br />
than it ever was during the first years of the<br />
Iraqi Civil War.<br />
PAUL MUTTER is a graduate student at NYU<br />
pursuing an MA in International Affairs. He is a<br />
blogger for the Foreign Policy Association, and<br />
also writes for War Is Boring, The Arabist and<br />
Souciant Magazine.<br />
72 Jabar, Postconflict Iraq, 16.<br />
73 Marr, “Where Is Iraq Headed?” 371.<br />
89 <strong>Spring</strong> <strong>2015</strong> 89
Power to the<br />
Babushkas?<br />
Reconsidering the Relationship<br />
between Russian Politics and<br />
the Elderly<br />
Ilaria Parogni<br />
“P<br />
arty for everybody! Dance!”<br />
This was the refrain of a song<br />
performed by Buranovskiye<br />
Babushki, a group of elderly women from<br />
the Russian village of Buranovo Udmurt<br />
Republic, during the 2012 Eurovision<br />
Song Contest. The number was a success,<br />
and the group finished in second place in<br />
the contest. 1 In the often-bizarre setting of<br />
Eurovision, the image of this colorful<br />
group of smiling grandmothers mixing<br />
folk tradition with pop seemed perfectly<br />
placed. Yet, it was much more difficult to<br />
conciliate it with the ideas most<br />
commonly associated with the elderly as<br />
the poor, disgruntled, and most progovernment<br />
segment of the Russian<br />
population. 2<br />
1 Eurovision Song Contest, About Buranovskiye<br />
Babushki (December 10, 2014),<br />
http://www.eurovision.tv/page/history/year/part<br />
icipant-profile/?song=26973.<br />
2 OECD. OECD Reviews of Labour Market and Social<br />
Policies: Russian Federation 2011 (December 2011):<br />
162, http://www.oecdilibrary.org/employment/oecd-reviews-of-labourmarket-and-social-policies_20743408;<br />
Denis Pinchuk, “Russian Pensioners Protest<br />
against High Food Prices,” Reuters (November 3,<br />
2007),<br />
http://www.reuters.com/article/2007/11/03/usprotest-russia-food-idUSL0312283020071103;<br />
This contrast reveals the power of<br />
stereotypes (and, yes, Buranovskiye<br />
Babushki themselves could be said to<br />
embody a stereotype) in shaping the ways<br />
in which observers cast an entire social<br />
group. In an attempt to go past the<br />
stereotypes associated with the Russian<br />
elderly as a homogeneous group of<br />
enfeebled victims of state neglect, I will<br />
explore the political significance of the<br />
elderly in contemporary Russia,<br />
highlighting the potential impact that<br />
members of this demographic can have<br />
on politics. 3 By looking at how voting<br />
patterns and issues related to Russian<br />
pensioners have both constrained and<br />
facilitated certain political outcomes, I will<br />
bring attention to the precariousness of<br />
the relationship between the Russian<br />
government and the country’s older<br />
citizens.<br />
In the first section, I will discuss<br />
the connection between politics and old<br />
age in Russia, focusing on the main<br />
themes defining their exchange and the<br />
challenges in researching this subject due<br />
to the limited scholarship and data<br />
available. In the second section, this<br />
report will offer an overview of instances<br />
in post-Soviet history from 1991 on that<br />
reveal recurring patterns in Russian<br />
politics vis-à-vis its senior citizens. In the<br />
final section, I will show how these<br />
patterns might be a destabilizing factor in<br />
the current political environment and a<br />
Aleksei Levinson, “The Institutional Framework<br />
of Old Age: Old Age as Gender,” Sociological<br />
Research 52, no. 3 (May–June 2013): 53.<br />
3 Aleksei Levinson, “The Institutional<br />
Framework,” 53;<br />
Andrea Chandler, “Democratization, Social<br />
Welfare and Individual Rights in Russia: The Case<br />
of Old-Age Pensions,” Canadian Slavonic Papers /<br />
Revue Canadienne des Slavistes 43, No. 4 (December<br />
2001): 429.<br />
90 <strong>Spring</strong> <strong>2015</strong> 90
potential danger to the longevity of the<br />
Putinist enterprise. As unfavorable<br />
economic circumstances are exacerbated<br />
by the imposition of economic sanctions<br />
by the West and declining oil prices, could<br />
Russia’s pensioners rise in revolt against<br />
the system?<br />
POLITICS AND OLD AGE: THEMES<br />
AND CHALLENGES<br />
Politics and society can interact in<br />
different ways depending on the political<br />
system in place and the level of<br />
development of civil society. In the<br />
majority of cases, however, this<br />
interaction is reciprocal—society defines<br />
and constrains politics as much as politics<br />
shapes society. This is, of course, also true<br />
of Russia. Various scholars, including<br />
Anna Arutunyan in The Putin Mystique, and<br />
Fiona Hill and Clifford Gaddy in Mr.<br />
Putin: Operative in the Kremlin, have adopted<br />
this outlook. 4 Both present in-depth looks<br />
4 Anna Arutunyan, The Putin Mystique. Inside Russia’s<br />
Power Cult. Northampton, (MA: Olive Branch<br />
Press, 2014).<br />
In her book The Putin Mystique, Arutunyan (2014)<br />
investigates the roots of Vladimir Putin’s popular<br />
regime. Her study delves into the inner workings<br />
of the Russian mind by analyzing the relationship<br />
between the ruled and the ruled. Arutunyan<br />
highlights the quasi-sacral aspect of this bond<br />
through a series of portraits of individuals<br />
belonging to different groups: the “subjects”<br />
(regular citizens), the “oprichniki” (the security<br />
apparatus), and the “boyars” (the oligarchs). The<br />
author looks back to history to highlight elements<br />
of continuity in Russia’s penchant for the cult of<br />
power and power leaders, highlighting how<br />
Russians experience state power as a “mystical<br />
entity” able to act to establish order when laws fail.<br />
In Arutunyan’s account, Putin exploits the<br />
mystique surrounding the figure of the president as<br />
a god-like figure.<br />
at the state established by Putin and his<br />
inner circle through the prism of his<br />
relationship with his subjects, thus<br />
discarding the view of the current regime<br />
as a monolithic dictatorship solely defined<br />
by those in power.<br />
The notion of society as a<br />
“victim” of politics is an easy trap to fall<br />
into when the elderly are involved,<br />
especially in Russia. Ever since the<br />
collapse of the Soviet Union, as the<br />
economic crisis engulfed the country,<br />
images of Russian babushkas<br />
(grandmothers) begging on the streets of<br />
Moscow have become tragically iconic.<br />
Pensions in Russia, for both civilian<br />
workers and military servicepeople, are<br />
Fiona Hill and Clifford J. Gaddy, Mr. Putin:<br />
Operative in the Kremlin, (Washington, D.C.:<br />
Brookings Institution Press, 2013).<br />
In Mr. Putin: Operative in the Kremlin, Hill and Gaddy<br />
(2013) offer an overview of Russia under Putin<br />
through a thoughtful analysis of various identities<br />
associated with the Russian leader. Each identity –<br />
the Statist, the History Man, the Survivalist, the<br />
Outsider, the Free Marketer, and the Case Officer<br />
– is connected with a specific moment in Putin’s<br />
personal history. In their assessment, the various<br />
identities define Putin’s role as CEO of the<br />
country as a corporate empire (“Russia, Inc.”) in<br />
which the private commercial interests are tied<br />
together with those of the Russian state. The result<br />
is a state that operates on two levels: the formal<br />
political institutions and the informal system,<br />
“which provides access to prestigious positions<br />
and a whole array of perks and privileges,<br />
including the possibility of self-enrichment” (p. 5).<br />
The authors argue that the model envisaged,<br />
however, cannot work on a mass scale because the<br />
widespread corruption that prevents the model<br />
from functioning is also the glue that holds the<br />
system in place.<br />
91 <strong>Spring</strong> <strong>2015</strong> 91
extremely low by European standards. 5<br />
Foreign and Russian media often<br />
emphasize the struggles and gloomy<br />
outlook faced by the older portion of the<br />
population. 6 And yet, anyone who has<br />
visited Russia over the last few years will<br />
likely have encountered the feisty and<br />
tougher side of the country’s senior<br />
citizens, be it in the form of a pensioner<br />
chanting communist slogans at a protest<br />
or a museum guard shouting at the<br />
tourists getting too close to the paintings<br />
in St. Petersburg’s Hermitage Museum.<br />
Scholars have replicated the<br />
tendency to assume that the Russian<br />
elderly are passive victims by depriving<br />
them of attention as agents of change. No<br />
study thus far has captured the ways in<br />
which the relationship between the state<br />
and the elderly is structured in Russia.<br />
Most of the scholarship dedicated to<br />
issues affecting Russian pensionery<br />
(pensioners) focuses on pension law and<br />
reform, often taking a top-down approach<br />
to these issues. 7 Even when scholars have<br />
been able to appreciate that the exchange<br />
5 The Associated Press, “How Retirement Systems<br />
Vary, Country to Country,” Finance Yahoo,<br />
(December 30,<br />
2013),http://finance.yahoo.com/news/retirementsystems-vary-country-country-055009752.html;<br />
Andrew E. Kramer, “Russia Raises Some Salaries<br />
and Pensions for Crimeans,” The New York Times,<br />
(March 31, 2014),<br />
http://www.nytimes.com/2014/04/01/world/eur<br />
ope/russia-raises-pensions-for-crimeans.html.<br />
6 “What it means to get old in Russia,” RT (Russian<br />
Today), (February 10, 2011),<br />
http://rt.com/news/old-russia-elderly-people/.<br />
7 For example: Linda J. Cook, Postcommunist Welfare<br />
States: Reform Politics in Russia and Eastern Europe,<br />
(Ithaca: Cornell University Press, 2007);<br />
Theodore P. Gerber and Jonas Radl (2014).<br />
“Pushed, Pulled, or Blocked? The Elderly and the<br />
Labor Market in Post-Soviet Russia,” Social Science<br />
Research 45 (May 2014): 152-169.<br />
is far from unilateral, as is the case with<br />
Andrea Chandler’s 2004 study of pension<br />
reform in post-Soviet Russia, this<br />
approach has not developed into a deeper<br />
study of the relationship. 8<br />
There is an absence of a solid<br />
body of qualitative and quantitative data<br />
analyzing the political behavior of the<br />
elderly, which partly explains why scholars<br />
have paid little attention to the issue. Only<br />
a few surveys focus on political attitudes<br />
and preferences by age group in Russia,<br />
and polling data on the voting behavior of<br />
the elderly is even rarer. 9 Moreover, an<br />
analysis of electoral results and data issued<br />
by Russian government organizations<br />
cannot avoid facing questions regarding<br />
the veracity of the materials available due<br />
to repeated reports of fraud and<br />
irregularities in the Russian electoral<br />
process. 10<br />
It is therefore important to initiate<br />
a discourse on this topic. While academics<br />
still debate the possibility of a recovery<br />
from the demographic crisis that hit<br />
Russia in the 1990s, it is now increasingly<br />
difficult to argue against the idea of its<br />
population growing older as life<br />
expectancy and fertility rate continue to<br />
8 Andrea Chandler, Shocking Mother Russia:<br />
Democratization, Social Rights, and Pension Reform in<br />
Russia, 1990-2001, (Toronto, Canada: University of<br />
Toronto Press, 2004).<br />
9 “Faktory Elektoral’nogo Vybora,” FOM<br />
(December 18, 2003),<br />
http://bd.fom.ru/report/cat/elect/parl_el/dd034<br />
929;<br />
“Vyborye Prezidenta: Kak Golosovali Sotsialnye<br />
Gruppy.” Levada Tsentr (March 27, 2012):<br />
http://www.levada.ru/27-03-2012/vyboryprezidenta-kak-golosovali-sotsialnye-gruppy.<br />
10 James Balls, “Russian Election: Does the Data<br />
Suggest Putin Won Through Fraud?” The Guardian,<br />
(March 5, 2012),<br />
http://www.theguardian.com/news/datablog/201<br />
2/mar/05/russia-putin-voter-fraud-statistics.<br />
92 <strong>Spring</strong> <strong>2015</strong> 92
ise. 11 Moreover, the notion according to<br />
which Russian pensioners are among the<br />
most politically active segments of the<br />
population and some of Putin’s most loyal<br />
supporters has become so commonplace<br />
both in academia and the media that it<br />
deserves to be put to the test.<br />
A HISTORICAL OVERVIEW<br />
In Soviet times, the Russians<br />
developed the country’s first national old<br />
age pension system, and kept improving<br />
benefits for selected categories of<br />
workers. 12 The cornerstone of the Soviet<br />
approach to pensions was the 1956<br />
Pension Law, which made the state solely<br />
responsible for pensions and guaranteed<br />
pensions automatically after a certain<br />
number of years spent working. 13 The<br />
system might have prevented the<br />
accumulation of personal wealth, but it<br />
was fairly generous and, above all,<br />
universal. 14<br />
With the dissolution of the USSR,<br />
the situation worsened dramatically for<br />
the Russian elderly. Even before the<br />
collapse, social scientists and economists<br />
11 Max Fisher, “Did Russia Just Overcome Its 20-<br />
Year Demographic Crisis?” The Washington Post<br />
(November 1, 2012),<br />
http://www.washingtonpost.com/blogs/worldvie<br />
ws/wp/2012/11/01/did-russia-just-overcome-its-<br />
20-year-demographic-crisis/;<br />
Aleksei Levinson, “The Institutional Framework,”<br />
53.<br />
12 Andrea Chandler, Shocking Mother Russia, 24.<br />
13 Andrea Chandler, “Democratization, Social<br />
Welfare,” 418.<br />
14 Linda J. Cook, Postcommunist Welfare States, 2;<br />
John B. Williamson and Michelle L. Maroto, “The<br />
Political Economy of Pension Reform in Russia: Why did<br />
Russia Adopt the World Bank Model?” Presented at<br />
100th Annual Meeting of the American<br />
Sociological Association held in Philadelphia, PA,<br />
August 13-16 (2005): 3.<br />
among the proponents of Mikhail<br />
Gorbachev’s perestroika had included the<br />
pension law among the targets of their<br />
restructuring efforts. 15 After 1991, a<br />
reform program was supposed to be<br />
gradually implemented between 1990 and<br />
1992, but, as aptly pointed out by<br />
Chandler, the situation was “overtaken by<br />
events.” 16 The adoption of “shock<br />
therapy” under Boris Yeltsin and the<br />
economic crisis that followed directly<br />
affected the life of the population at large,<br />
with poverty, inequality, and<br />
unemployment growing exponentially. 17<br />
By 2001, Chandler had identified the<br />
plight of pensioners in Russia as “one of<br />
the most tragic social consequences of the<br />
collapse of communism.” 18<br />
The elderly were among the most<br />
severely affected, with their meager<br />
pensions losing their value as inflation<br />
wiped out many families’ savings.<br />
Payments were increasingly delayed, as the<br />
budget deficit inherited from the<br />
communist era became unbearable. 19<br />
Meanwhile, the liberalization process was<br />
investing politics too. Competitive<br />
elections, as well as the competition<br />
between the legislative power represented<br />
by the State Duma and the executive<br />
power of the presidency before 1993,<br />
ensured that discussion of poverty among<br />
the elderly became a highly politicized<br />
issue. 20<br />
15 Linda J. Cook, Postcommunist Welfare States, 56.<br />
16 Andrea Chandler, “Democratization, Social<br />
Welfare,” 423.<br />
17 Linda J. Cook, Postcommunist Welfare States, 63.<br />
18 Andrea Chandler, “Democratization, Social<br />
Welfare,” 409.<br />
19 Andrea Chandler, Democracy, Gender, and Social<br />
Policy in Russia: A Wayward Society. (Croydon, UK:<br />
Palgrave Macmillan, 2013): 87.<br />
20 Andrea Chandler, “Democratization, Social<br />
Welfare,” 423.<br />
93 <strong>Spring</strong> <strong>2015</strong> 93
From this point of view, Russia’s<br />
senior citizens were among the “victims”<br />
of circumstances. On a different level,<br />
however, one could argue that politicians<br />
were equally constrained by their reliance<br />
on popular support. In his essay “The<br />
Collapse of Civility in Russia: The Young<br />
and Aged in a Failed Society,” Ronald E.<br />
Jones illustrates how maintaining support<br />
among the older portion of the population<br />
was considered essential by the Soviet<br />
authorities, as a generous pension and full<br />
employment were the two core values of<br />
the system. 21 In an attempt to maintain<br />
this support, they would rely on shortterm<br />
solutions, such as increasing<br />
pensions to specific groups of workers,<br />
without considering the structural changes<br />
that would have been required for the<br />
system to become sustainable in the long<br />
run. 22<br />
This tendency to rely on shortterm<br />
solutions has, according to Chandler,<br />
become an institutionalized habit in<br />
Russia. 23 As the pension arrears threatened<br />
Yeltsin’s popularity ahead of the 1996<br />
presidential elections, for example, the<br />
Russian president publicly condemned the<br />
issue and used his authority to unblock<br />
the payments. 24 His inner circle fully<br />
supported this measure.<br />
Another issue that Yeltsin had to<br />
face was the emergence of the elderly as<br />
an active force in the political arena. In<br />
particular, as pensioners disillusioned with<br />
capitalism filled the ranks of the<br />
Communist Party of Russia, as well as the<br />
smaller Party of Pensioners, opposition<br />
parties made the protection of pensioners’<br />
rights a top platform plank. 25 This directly<br />
threatened Yeltsin’s position in power, as<br />
many of those who had personally<br />
experienced the disastrous consequences<br />
of the economic crisis opposed his<br />
reelection, supporting Communist leader<br />
Gennady Zyuganov instead as he<br />
promised a return to Soviet-style<br />
welfarism. Many have argued that Yeltsin<br />
might have lost, had he not relied on the<br />
oligarchs to rig the elections. 26<br />
CAN RUSSIAN PENSIONERS<br />
BRING DOWN THE SYSTEM?<br />
A defining aspect of the<br />
relationship between the state and the<br />
elderly in Russia is the fact that economic<br />
concerns have often created situations of<br />
imbalance, with discontent leading to<br />
active opposition. As argued by Chris<br />
Gilleard and Paul Higgs in The Power of<br />
Silver: Age and Identity Politics in the 21 st<br />
Century, while political militancy among<br />
the elderly has failed to materialize in the<br />
West, it is much more likely to develop in<br />
post-Communist countries. 27 This partly<br />
explains the narrative according to which<br />
Putin has the support of the older<br />
population, since his arrival on the<br />
political scene coincided with the gradual<br />
improvement of the economic situation<br />
within the country. The favorable<br />
economic conditions allowed the Russian<br />
leader to complete the deferred reform of<br />
the pension system with the introduction<br />
of a centralized national pension fund.<br />
21 Ronald E. Jones, “The Collapse of Civility in<br />
Russia: The Young and Aged in a Failed Society,”<br />
Sociological Inquiry 72, Issue 3 (Summer 2002): 413.<br />
22 OECD, OECD Reviews, 3.<br />
23 Andrea Chandler, Shocking Mother Russia, 26.<br />
24 Andrea Chandler, “Democratization, Social<br />
Welfare,” 430.<br />
25 Stephen White, “Soviet Nostalgia and Russian<br />
Politics,” Journal of Eurasian Studies 1(2010): 7.<br />
26 Anna Arutunyan, The Putin Mistique, 174.<br />
27 Chris Gilleard and Paul F. D. Higgs, “The<br />
Power of Silver: Age and Identity Politics in the<br />
21st Century,” Journal of Aging & Social Policy<br />
21(2009), 12.<br />
94 <strong>Spring</strong> <strong>2015</strong> 94
The system transitioned towards a “multipillar<br />
arrangement,” bringing together<br />
features of different pension schemes,<br />
including mandatory and voluntary<br />
provisions, as well as a pay-as-you-go<br />
system of contributions and pre-funding<br />
to finance benefits. 28 This coincided with<br />
visible improvements in the lives of<br />
Russian pensioners that happened to<br />
coincide with the reforms’ timing: most<br />
arrears in pensions and benefits were<br />
eliminated, and the average pension rose<br />
above the above subsistence level. 29<br />
Yet even Putin approached the<br />
elderly with care, cultivating support<br />
among the interested parties through<br />
public speeches and pension increases,<br />
timed to coincide with the introduction of<br />
the reforms. 30 Moreover, the government<br />
was able to absorb the Party of Pensioners<br />
within the “managed opposition”—<br />
showing the importance placed on<br />
defusing its political independence.<br />
Having merged with other two parties to<br />
form “Just Russia,” the Party of<br />
Pensioners led by Igor Zotov left this bloc<br />
in 2012 to form the Russian Pensioners<br />
For Justice Party. 31 The “new” pensioners’<br />
party has consistently supported Vladimir<br />
Putin and United Russia. 32<br />
All of this effort on the<br />
government’s part might be justified.<br />
After all, Russian pensioners have gone<br />
rogue under Putin before. When a law<br />
came into effect in 2005 that replaced<br />
28 OECD, OECD Reviews, 174.<br />
29 Linda J. Cook, Postcommunist Welfare States, 150.<br />
30 Andrea Chandler, Shocking Mother Russia, 143;<br />
157.<br />
31 “Istoriya Partii,” Rossiyskaya Partiya Pensionerov za<br />
Spravedlivost, http://www.ppzs.ru/2013-06-23-14-<br />
42-57/история6-23-14.<br />
32 “Rossiyskaya Partiya Pensionerov,” FOM<br />
(March 31, 2005),<br />
http://bd.fom.ru/report/map/projects/dominant<br />
/dom0513/dd051332/printable/.<br />
longstanding social benefits (including<br />
free public transportation and healthcare)<br />
with monthly cash payments, groups of<br />
pensioners took to the street to express<br />
their opposition to it. In a comment piece<br />
published in The Nation, Katrina vanden<br />
Heuvel described the protests as “the<br />
largest, angriest and most passionate since<br />
Putin came to power,” hinting that they<br />
could pose a serious challenge to the<br />
stability of his regime. 33 The Russian<br />
leader’s response—doubling increases in<br />
pension payments and reintroducing free<br />
public transport—proved that Russian<br />
pensioners could exact concessions from<br />
the authorities much more than previously<br />
imaged. 34 This approach brings to mind the<br />
policies pursued by the leader of another<br />
post-Soviet country: the Belarusian<br />
president Alexander Lukashenko. In<br />
power since 1994, and dubbed by the<br />
West as “Europe’s last dictator,” has often<br />
relied on the country’s older demographic<br />
groups for support. To maintain his<br />
power base, throughout the years he has<br />
repeatedly increased pensions. 35 President<br />
Lukashenko has fully embraced the image<br />
33 Katrina vanden Heuvel, “Babushkas vs. Putin,”<br />
The Nation (January 20, 2005),<br />
http://www.thenation.com/article/babushkas-vsputin.<br />
34 Claire Bigg, “Protests Across Russia Force Putin<br />
to Double Increase in Pension Payments,” The<br />
Guardian, (January 18, 2005),<br />
http://www.theguardian.com/world/2005/jan/19<br />
/russia.<br />
35 “Pensions Increased by 15.3 Per cent in<br />
Belarus,” BBC Monitoring International Reports<br />
(September 22, 1998);<br />
President of the Republic of Belarus, Alexander<br />
Lukashenko Signs Decree on Raising Pensions, (October<br />
24, 2014):<br />
http://president.gov.by/en/news_en/view/alexan<br />
der-lukashenko-signs-decree-on-raising-pensions-<br />
10065.<br />
95 <strong>Spring</strong> <strong>2015</strong> 95
of president as champion of the elderly,<br />
speaking out, for example, against the<br />
unpopular proposal of increasing the<br />
country’s retirement age. 36 The Belarusian<br />
strategy, while feasible in the short term,<br />
however, could prove financially<br />
unsustainable in the future, as highlighted<br />
in a 2009 study by the European<br />
Commission. 37 In contrast, Ukraine, a<br />
country facing severe economic and<br />
security issues, has had to deal with<br />
pressure from Europe to take a tougher<br />
stance in the pension sector. In March<br />
<strong>2015</strong>, the Ukrainian government approved<br />
pension cuts alongside a whole set of<br />
other austerity measures, hoping to get<br />
financial help from the IMF in exchange. 38<br />
Pensions in Ukraine were lower than in<br />
Russia even before the cuts, as proved by<br />
the increase in pension size experienced<br />
by the residents of Crimea following the<br />
Russian annexation of the peninsula in<br />
2014 and their adjustment to Russian<br />
rates. 39 Ever since Putin’s return to the<br />
presidency in 2012, Russian experts have<br />
36 “Lukashenko Speaks against Raising Retirement<br />
Age in Belarus,” Belarus Bureau Prime-Tass (March<br />
16, 2012), http://www.primetass.by/english/print.asp?id=98447.<br />
37 European Commission, Social Protection and Social<br />
Inclusion in Belaru (2009),<br />
http://ec.europa.eu/social/BlobServlet?docId=43<br />
46&langId=en.<br />
38 Anastasia Forina, “Verkhovna Rada Revises $20<br />
Billion Budget, Cuts Pensions in Hopes of $25<br />
Billion in Loans,” Kyiv Post (March 13, <strong>2015</strong>),<br />
http://www.kyivpost.com/content/politics/verkh<br />
ovna-rada-revises-20-billion-budget-cuts-pensionsin-hopes-of-25-billion-financial-aid-382405.html.<br />
39 Andrew E. Kramer, “Russia Raises Some<br />
Salaries and Pensions for Crimeans,” The New York<br />
Times (March 31, 2014),<br />
http://www.nytimes.com/2014/04/01/world/eur<br />
ope/russia-raises-pensions-forcrimeans.html?_r=2.<br />
noted how the government has moved<br />
closer to the Russian Orthodox Church<br />
and presented itself as the promoter of<br />
traditional values and nationalism. To<br />
some, like Arutunyan, this was a move<br />
aimed at creating a split within the<br />
opposition. 40 Yet, it could be argued that<br />
the move is also a way to capture the<br />
favor of the part of the population that<br />
traditionally has a more conservative<br />
outlook on the issues targeted, including<br />
homosexuality and respect for religious<br />
authorities. Putin’s nod to the patriotic<br />
sentiment of the country, as embodied by<br />
the great fanfare that surrounds<br />
celebrations honoring World War II<br />
veterans, can be explained in a similar<br />
way. 41<br />
Finally, looking at the mass<br />
protests that took place in Russia between<br />
2011 and 2013, it is also important to<br />
notice that they saw the participation of<br />
people belonging to all age groups: the<br />
young, the middle-aged, and the elderly. 42<br />
So far, this essay has highlighted<br />
the patterns that dominate the relationship<br />
between the Russian authorities and the<br />
elderly. The main goal of this approach<br />
has been to provide foundation to the<br />
thesis according to which the current<br />
situation in Russia might prove to be a<br />
defining moment for the country’s<br />
politics, and that one of the reasons for<br />
this might be the complexity of the<br />
exchange between politics and the older<br />
segment of population.<br />
Against the backdrop of the<br />
Ukrainian crisis, Russia faces severe<br />
40 Anna Arutunyan, The Putin Mystique, 266.<br />
41 “Putin Thanks WWII Veterans for Their<br />
Heroism during War,” ITAR-TASS (May 9, 2014),<br />
http://itar-tass.com/en/russia/731040.<br />
42 Anton N. Oleinik, “Mass Protests in the<br />
Context of the Russian Power Regime,” Russian<br />
Social Science Review 54, no. 3 (May- June 2013), 2.<br />
96 <strong>Spring</strong> <strong>2015</strong> 96
economic issues, including rampant<br />
inflation, an impending recession, and<br />
declining oil prices. The situation has been<br />
exacerbated by the introduction of<br />
economic sanctions by Western countries<br />
in response to Russia’s position over<br />
Crimea. 43 In response to the economic<br />
downturn, the Russian government has<br />
targeted pensions in particular. In August<br />
2014 the government dipped into pension<br />
funds, diverting $8 billion in contributions<br />
earmarked for retirement schemes<br />
towards government spending. 44 In<br />
October 2014, in an even more<br />
controversial move, the Russian State<br />
Duma passed in its first reading a bill,<br />
known as the Rotenberg Law, which<br />
would allow citizens and companies who<br />
have lost property abroad due to the<br />
economic sanctions to seek<br />
reimbursement from the state. 45<br />
According to both Western and Russian<br />
media, it is likely that the money to<br />
finance the refunds will be taken from<br />
pension funds. 46 Former Finance Minister<br />
43 Moody’s, Moody's: Russia Sanctions Exacerbate the<br />
Country's Economic Challenges But Liquidity Crisis<br />
Unlikely in the Short-Term (July 14, 2014),<br />
https://www.moodys.com/research/Moodys-<br />
Russia-sanctions-exacerbate-the-countryseconomic-challenges-but-liquidity--PR_305457.<br />
44 Allison Schrager, “Unlike Russia, the U.S.<br />
Government Won't Take Your Pension Outright,”<br />
Bloomberg Businessweek (August 18, 2014),<br />
http://www.businessweek.com/articles/2014-08-<br />
18/russia-seized-citizens-pension-funds-dot-couldthat-happen-in-the-u-dot-s-dot.<br />
45 Sam Skove, “Russia's State Duma Passes Law<br />
Compensating Western Asset Seizures in First<br />
Reading,” The Moscow Times (October 8, 2014),<br />
http://www.themoscowtimes.com/business/articl<br />
e/russias-state-duma-passes-law-compensatingwestern-asset-seizures-in-firstreading/508651.html.<br />
46 Alexey Eremenko, “Cabinet Wants to<br />
Compensate Russian Victims of 'Illegal' Asset<br />
Seizures Abroad,” The Moscow Times (2014,<br />
Alexei Kudrin has severely condemned<br />
the renewed reliance of the government<br />
on pension savings as a move that<br />
threatens the long-term stability of the<br />
system. 47 “The concentration of resources<br />
at the expense of long-term stability—this<br />
is the result of the view that the task is to<br />
‘withstand’ the next two or three years,”<br />
Kudrin wrote in a column for Russian<br />
newspaper Kommersant. 48<br />
Kudrin’s words echo the<br />
considerations made in this essay<br />
regarding the tendency showed by Russian<br />
authorities towards preferring short-term<br />
solutions over long-term planning.<br />
Moreover, as previously highlighted, the<br />
relationship between politics and Russia’s<br />
senior citizens tends to shift whenever the<br />
economic conditions undergo a dramatic<br />
change—like it is the case in today’s<br />
Russia. The behavior of the Russian<br />
government, willing to return on its steps<br />
when facing discontent among the elderly,<br />
due to its unpopular policies, proves that<br />
Russian pensioners are perceived as a<br />
volatile yet important segment of the<br />
population. And while it is true, as<br />
pointed out by Mariya Riekkinen of<br />
Finland’s Åbo Akademi University, during<br />
October 2, 2014),<br />
http://www.themoscowtimes.com/business/articl<br />
e/russian-government-backs-rotenberg-bill-toblunt-western-sanctions/508304.html;<br />
Moskovskiy Komsomolets, Krepostnaya Rossiya<br />
(October 2, 2014),<br />
http://www.mk.ru/politics/2014/10/02/krepostn<br />
aya-rossiya.html.<br />
47 Reuters, “Kudrin Joins Growing Criticism of<br />
State's Use of Pension Savings,” The Moscow Times<br />
(August 8, 2014),<br />
http://www.themoscowtimes.com/business/articl<br />
e/kudrin-joins-growing-criticism-of-state-s-use-ofpension-savings/504810.html.<br />
48 Alexey Kudrin, “Pravila Igry,” Kommersant<br />
(August 8, 2014),<br />
http://www.kommersant.ru/doc/2540459.<br />
97 <strong>Spring</strong> <strong>2015</strong> 97
a Skype interview in November 2014, that<br />
today’s pensioners will not be affected by<br />
Russia’s decision to dip into pensions<br />
funds, the situation sets the scene for a<br />
future in which the elderly might see their<br />
pensions threatened. 49<br />
One must also not forget the fact<br />
that Russian pensioners have consistently<br />
proved to be politically active and<br />
heterogeneous in their approach to<br />
politics. 50 From Communists to convinced<br />
Putinists, from anti-Putin liberals to<br />
grandparents who rarely vote, the elderly<br />
will turn out on the streets to protest. This<br />
could prove to be a double-edged sword<br />
for Putin. Even though so far he has<br />
proven to be able to control the political<br />
outcome and has restrained discontent<br />
among the elderly, such a multi-layered<br />
social group can become unpredictable in<br />
situations of crisis and more difficult to<br />
manage.<br />
CONCLUSION<br />
According to the views of the<br />
economists of The Russian Presidential<br />
Academy of National Economy and<br />
Public Administration (RANEPA), Russia<br />
is too old for a revolution. 51 RANEPA<br />
bases its assumption on two main<br />
observations: that the group of Russians<br />
aged 55 and older will grow much more<br />
solidly than the other age groups, and that<br />
in the 2012 presidential elections the<br />
majority of older votes went to Putin.<br />
RANEPA is only one of the many<br />
organizations guilty of oversimplifying the<br />
49 Skype interview with Mariya Riekkinen, Åbo<br />
Akademi University, Finland on November 17,<br />
2014.<br />
50 Aleksei Levinson, “The Institutional<br />
Framework,” 55.<br />
51 “Rossiya Slishkom Stara Dlya Revolutsiya,”<br />
Finmarket.ru (December 13, 2013),<br />
http://www.finmarket.ru/main/article/3577467.<br />
relationship between Russian politics and<br />
the elderly.<br />
As illustrated in this essay,<br />
scholars, the media and politicians too<br />
often regard the elderly as victims and<br />
subjects of the state, rather than as<br />
participating actors with the potential to<br />
push for policy changes. At the same time,<br />
the relationship between the Russian<br />
government and its pensioners remains<br />
understudied. This led to an<br />
underestimation of the complexities of<br />
this relationship and their relevance when<br />
trying to assess and predict the ways in<br />
which the current political situation in<br />
Russia will evolve.<br />
It is for this reason that this report<br />
recommends a framework that highlights<br />
a few features in the relationship that<br />
might hint at a shift in the balance.<br />
Namely, Russia’s tendency to rely on<br />
short-term solutions instead of focusing<br />
on long-term stability; the defining quality<br />
of economic factors in shaping the ways<br />
in which the government is constrained by<br />
or able to rely on the support of the<br />
elderly; the high levels of political activism<br />
and the heterogeneity of the politically<br />
active pensioners as a complicating factor<br />
in Russia’s attempt to manage the<br />
opposition. As the economic climate<br />
deteriorates further, those elements can<br />
become increasingly important. The fall of<br />
the ruble’s value and a food ban on some<br />
Western imports in response to the<br />
sanctions appear to have driven up the<br />
cost of basic foods, which is a major<br />
concern for the elderly given their special<br />
dietary needs and fixed incomes. 52 A 2014<br />
money-saving health care reform<br />
52 “Russians Feel the Pinch of Rising Food Prices<br />
as Inflation Bites,” The Moscow Times (February 19,<br />
<strong>2015</strong>),<br />
http://www.themoscowtimes.com/article.php?id<br />
=516256.<br />
98 <strong>Spring</strong> <strong>2015</strong> 98
threatens the quality of the services<br />
delivered by Russian hospitals. 53 All are<br />
issues that promise to become primary<br />
concerns for the elderly.<br />
So, is Russia “too old for a<br />
revolution?” It is unlikely that Russian<br />
babushkas will be the force driving an<br />
actual revolution, especially if one<br />
subscribes to the theory according to<br />
which Russia’s revolutionary path has<br />
more often being forged by the<br />
intellectual and/or political elites rather<br />
than by the masses. 54 Yet, the complexity<br />
of the relationship between politics and<br />
the elderly shows that the ground might<br />
be fertile for a disruption of the status<br />
quo. For that, Russia might just be old<br />
enough.<br />
53 Nataliya Vasilyeva, Thousands of Hospital Staff to Be<br />
Sacked in Russian Healthcare Reforms (November 28,<br />
2014),<br />
http://www.independent.co.uk/news/world/euro<br />
pe/thousands-of-hospital-staff-to-be-sacked-inrussian-healthcare-reforms-9891710.html.<br />
54 Sergei V. Kulikov, “Revolutions Invariably<br />
Come from Above. The Fall of Tsarism through<br />
the Prism of the Elite Circulation Paradigm,”<br />
Russian Studies in History 47, no. 4 (<strong>Spring</strong> 2009), 8–<br />
39.<br />
99 <strong>Spring</strong> <strong>2015</strong> 99
FURTHER READING:<br />
Arutunyan, Anna. The Putin Mystique. Inside<br />
Russia’s Power Cult. Northampton,<br />
MA: Olive Branch Press, 2014.<br />
Chandler, Andrea. Shocking Mother Russia.<br />
Democratization, Social Rights, and<br />
Pension Reform in Russia, 1990-2001.<br />
Toronto, Canada: University of<br />
Toronto Press, 2004.<br />
Cook, Linda J. Postcommunist Welfare States.<br />
Reform Politics in Russia and Eastern<br />
Europe. Ithaca: Cornell University<br />
Press, 2007.<br />
Gerber, Theodore P. and Radl, Jonas.<br />
Pushed, Pulled, or Blocked? The<br />
Elderly and the Labor Market in<br />
Post-Soviet Russia. Social Science<br />
Research 45, 2014.<br />
Hill, Fiona and Gaddy, Clifford J. Mr.<br />
Putin: Operative in the Kremlin.<br />
Washington, D.C.: Brookings<br />
Institution Press, 2013.<br />
Oleinik, Anton N. Mass Protests in the<br />
Context of the Russian Power<br />
Regime. Russian Social Science<br />
Review, vol. 54, no. 3, May–June,<br />
2013.<br />
vanden Heuvel, Katrina. Babushkas vs.<br />
Putin. The Nation. January 20,<br />
2005.<br />
ILARIA PAROGNI is an MA candidate in<br />
Journalism and Russian and Slavic<br />
Studies at New York University. She<br />
graduated with honors from University<br />
College London with a BA in European<br />
Social and Political Studies. Previously,<br />
she served as Director of Social Media at<br />
Russia Beyond the Headlines and was<br />
the co-founding editor of The Kompass, a<br />
website on Russian culture in the UK.<br />
Her work has been published by the<br />
Huffington Post, The Telegraph, Russia<br />
Direct, NewEurasia.net, Bedford &<br />
Bowery and others.<br />
100 <strong>Spring</strong> <strong>2015</strong> 100
From Multi-Party to<br />
Two-Party System<br />
The Applicability of Duverger’s<br />
Law and the Taiwanese Election<br />
Reform<br />
Pei-Yu Wei<br />
T<br />
he Republic of China (ROC), more<br />
commonly known and accepted as<br />
Taiwan, has been ruled by the<br />
Kuomintang (KMT) for the greater part of<br />
its history. After the Nationalist Party fled to<br />
the island of Taiwan following the loss of<br />
China to the Mao-led Chinese Communist<br />
Party, the KMT froze the constitution<br />
granting voting rights to citizens. It was not<br />
until 1986 that the government lifted its<br />
restrictions on political participation, and<br />
the first direct presidential election was not<br />
held until 1996.<br />
The elections of the Legislative<br />
Yuan, the highest legislature body in<br />
Taiwan, were also democratized in 1992,<br />
and the majority of legislators were elected<br />
under the Single Non-transferable Vote<br />
System (SNTV). Under the SNTV system, a<br />
voter casts one vote for one candidate in a<br />
multi-candidate race for multiple seats, and<br />
the candidates with the highest number of<br />
votes are elected. 1 In 2004, electoral reforms<br />
were put into place due to increasing public<br />
pressure against the negative aspects of the<br />
SNTV system, which included the<br />
cultivation of party factions and the<br />
opportunities for radical candidates who<br />
held niches in agendas and target only a<br />
specific minority to be elected. 2<br />
1 Specifically, of the 225 members, 168 were elected<br />
under the SNTV system, 8 were elected to represent<br />
the aboriginal population, 8 were elected to represent<br />
overseas Chinese under proportional representation,<br />
and 41 were elected under proportional<br />
representation.<br />
2 Hans Stockton, “How Rules Matter: Electoral<br />
Reform in Taiwan,” Social Science Quarterly 91, no. 1<br />
(2010): 21-41.<br />
Among the changes undertaken<br />
were the halving of the number of<br />
legislators to 113, and switching to a system<br />
of mixed member parallel (MMP), in which<br />
voters essentially participate in two separate<br />
elections, with one ballot for parties where<br />
the seats are decided through proportional<br />
representation, and another ballot for<br />
candidates where the winners are decided on<br />
a first-past-the-post basis. In the new<br />
system, 73 constituency seats are decided<br />
through the single member district (SMD)<br />
system, and 34 seats from party lists are<br />
decided through proportional<br />
representation. In addition, the party seats<br />
are allocated proportionally for parties that<br />
have gained at least five percent of the total<br />
party votes cast in the election cycle. The<br />
new system was enacted in the 2008<br />
Legislative elections. 3<br />
This paper will examine the<br />
applicability of Duverger’s Law on the<br />
electoral system before and after the reform.<br />
Duverger believes that under proportional<br />
representation systems, voters will be<br />
induced to vote based on their own<br />
preferences. However, under plurality<br />
systems, where only the candidate with the<br />
most vote(s) win the position, people tend<br />
to vote “strategically” for the candidate that<br />
they believe has the best chance of winning.<br />
This paper finds that while the law generally<br />
holds for the SNTV system and the SMD<br />
component of Taiwan’s MMP system,<br />
namely the constituent vote, the smaller<br />
parties’ ability to be represented in the<br />
legislature are actually being constricted,<br />
contradictory to the intention of Duverger’s<br />
Law. The paper will be divided into three<br />
components. First, it will briefly outline the<br />
theory of Duverger’s Law and the<br />
methodology applied in the paper. Then, an<br />
empirical analysis from the data available<br />
will follow. It will draw comparisons and<br />
provide explanations of the differences<br />
between the two results and between the<br />
results and expectations of the theory.<br />
3 Jih-wen Lin, “The Politics of Reform in Japan and<br />
Taiwan,” Journal of Democracy 17, no. 2 (2006): 118-<br />
131.<br />
101 <strong>Spring</strong> <strong>2015</strong> 101
Lastly, possible explanations for the<br />
deviations of the actual outcomes from the<br />
predicted ones will be offered, and<br />
conclusions drawn.<br />
DUVERGER’S LAW AND METHODOLOGY<br />
Duverger’s Law links the number of<br />
parties to the electoral system. Duverger<br />
finds that two-party systems often develop<br />
under plurality voting rules, in which every<br />
person only has one vote to cast for a<br />
candidate competing for a single seat in a<br />
district or a region (this is also known as the<br />
SMD system) 4 . Duverger provides two<br />
reasons for this phenomenon: the “fusion”<br />
or the coming together of weak parties to<br />
retain competitiveness, and the elimination<br />
of the weaker parties by the stronger parties<br />
through their superior resources and voters’<br />
strategic voting. Proportionality as electoral<br />
rule, on the other hand, encourages the<br />
formation of multi-party systems, since<br />
voters understand that their votes are more<br />
likely to influence the formation of the<br />
government. It is not impossible for twoparty<br />
systems to form, but it is<br />
comparatively more difficult under<br />
proportionality systems than it is under<br />
plurality systems. These observations<br />
combined make up what is known as<br />
Duverger’s Law.<br />
From these two rules further<br />
expectations could be inferred about<br />
different systems. In the SNTV system,<br />
similar to the SMD, voters only have one<br />
vote, with the major difference being that<br />
there are multiple seats up for contest.<br />
Hence, Duverger’s Law, when applied to<br />
SNTV, predicts that in districts with M seats<br />
open for election, there will be M+1 viable<br />
candidates contesting for them. 5 The<br />
empirical study on the SNTV system in<br />
4 Maurice Duverger, “Factors in a Two-Party and<br />
Multiparty System,” in Party Politics and Pressure<br />
Groups: A Comparative Introduction, Maurice Duverger<br />
(New York: Thomas Y. Crowell, 1972), 23-32.<br />
5 Steven R. Reed, “Structure and Behaviour:<br />
Extending Duverger's Law to the Japanese Case,”<br />
British Journal of Political Science 20, no. 3 (1990): 335-<br />
356.<br />
Taiwan done by Hsieh and Niemi provides<br />
evidence to support this. It also shows that<br />
the larger the district magnitude, the lower<br />
the level of strategic voting, since it would<br />
be more difficult for candidates and voters<br />
to calculate the probabilities of winning. 6<br />
This means that the more seats that are up<br />
for grabs in a single district, the more the<br />
voters will vote based on their real<br />
preferences and not because they believe<br />
that certain candidates stand higher chances<br />
of winning. Thus, in larger districts, the<br />
results will be more proportional in nature,<br />
and with a higher possibility of having more<br />
than M+1 candidates competing.<br />
Although there have not been many<br />
studies done on the applicability of<br />
Duverger’s Law to mixed systems, it is still<br />
possible to formulate expectations to the<br />
outcomes of the elections. Since Taiwan’s<br />
system is an unlinked parallel one (MMP),<br />
there is a relatively clear separation between<br />
the proportional representation (PR) and the<br />
SMD aspects of the ballots. It is true that in<br />
a mixed system, the party leaders or<br />
decision-makers may have other<br />
considerations. These include the placement<br />
of candidates on the party list or running in<br />
constituencies, and of candidates deciding<br />
whether to vie for a higher place on the<br />
party list or run in “safe constituencies.”<br />
However, for voters, since the party vote<br />
and the constituent vote are largely<br />
unconnected, it is safe to assume that their<br />
decisions for the two votes would also be<br />
separated instead of being interconnected.<br />
This is because voters do not need to<br />
consider the effects of splitting their ballots<br />
among different parties or candidates on the<br />
overall representation of their preferred<br />
parties. Therefore, for the SMD portion of<br />
the seats, we can expect to observe the<br />
dominance of two parties, while for the PR<br />
seats we can expect to see the presence of<br />
smaller parties, as per Duverger’s theory.<br />
Whether the system leans towards a two-<br />
6 John Fuh-sheng Hsieh and Richard G. Niemi, “Can<br />
Duverger’s Law be Extended to SNTV? The Case of<br />
Taiwan’s Legislative Yuan Elections.” Electoral Studies<br />
18, no. 1 (1999): 101-116.<br />
102 <strong>Spring</strong> <strong>2015</strong> 102
party system or a multi-party system<br />
depends on the relative ratio of the PR seats<br />
and the SMD seats. 7<br />
This paper will utilize the data of the<br />
Legislative Yuan elections from 1992 to<br />
2012, which comprises seven election cycles,<br />
because 1992 was the first year of direct<br />
legislative elections. Thus, to avoid the<br />
problem of regime change, this paper will<br />
not consider the data before 1992. The next<br />
section will examine the makeup of the<br />
different legislatures for each election cycle,<br />
a general empirical pre-reform and postreform<br />
comparison.<br />
EMPIRICAL ANALYSIS<br />
This section will analyze the seven<br />
Legislative Yuan elections individually, and<br />
then the pre-reform and post-reform<br />
differences will be examined<br />
comprehensively. Due to the number of<br />
new parties participating in each election<br />
cycle and the fluidity of small parties, apart<br />
from the few large parties that have<br />
maintained a somewhat steady presence in<br />
the elections since democratization, the<br />
majority of the parties participating in<br />