Showing posts with label Good Read: Environment and Climate Change. Show all posts
Showing posts with label Good Read: Environment and Climate Change. Show all posts

Thursday, January 5, 2012

A Bill of Rights for Occupied Communities

A bill of rights that protects the rights of people and nature, but removes them from corporations? Ordinances restricting corporate personhood have been introduced and passed in some small towns with the goal of protecting local ecosystems. Follow the "read more" link to see a template that can be used as a starting point for local discussion and action. Your community could be next to say no constitutional rights for corporations!

by Thomas Linzey and Jeff Reifman. Posted January 4 on CommonDreams.org

When communities try to keep corporations from engaging in activities they don’t want, they often find they don’t have the legal power to say “no.” Why? Because our current legal structure too often protects the “rights” of corporations over the rights of actual human beings.

If we are to elevate our rights and the rights of our communities above those of a corporate few, we, too, need to transform the way laws work.

As we wrote in Turning Occupation into Lasting Change, mainstream progressive groups have failed by constraining their activities within legal and regulatory systems purposefully structured to subordinate communities to corporate power. Truly effective movements don’t operate that way. Abolitionists never sought to regulate the slave trade; they sought to transform the legal structure that supported it by treating slaves as property rather than people under the law. Suffragists did the same with the legal status of women.

This style of organizing moves away from traditional activism—mired in letter writing campaigns and lowest common denominator federal and state legislation—toward a new activism in which communities claim the right to make their own decisions, directly.

To help them do so, we’re offering the model Community Bill of Rights template below, a legislative template for communities that want to protect their own rights. It’s based on real laws already passed from the municipal to the national level—from Pittsburgh stripping drilling corporations of Constitutional “rights” to Ecuador including legal rights for nature in its Constitution. Think of the template as a menu to pick and choose what’s important in your community. It’s meant to provide a framework and a starting point, not necessarily to be used in its entirety.

Passing a new bill of rights is a way for activists to “occupy” their cities with new legal structures that empower community majorities over corporate minorities, rather than the other way around.

Community Bill of Rights of [your city]

Section 1 - Authority
This Community Bill of Rights is enacted pursuant to the inherent right of the residents of the City of [your city] to govern their own community, including, without limitation, the Declaration of Independence’s declaration that governments are instituted to secure the rights of people, and the [your state] Constitution’s recognition that all political power is inherent in the people.

Section 2 - Findings and Purpose
Whereas, the citizens of [your city] recognize that environmental and economic sustainability cannot be achieved if the rights of municipal majorities are routinely overridden by corporate minorities claiming certain legal powers; and

Whereas, the citizens of [your city] believe that local legislation that embodies the interests of the community is mandated by the doctrine of the consent of the governed, and the right to local, community self-government;

Whereas, the citizens of [your city] believe that the protection of residents, neighborhoods, and the natural environment constitutes the highest and best use of the police powers that this municipality possesses;

Therefore, the residents of the city of [your city] hereby adopt this ordinance which creates a community bill of rights for the residents and communities of the City, and removes certain legal powers from corporations operating within the City of [your city].

Section 3 - Statements of Law - A Community Bill of Rights
3.1. The Right to a Locally-Based Economy
Residents have the right to a locally-based economy to ensure local job creation and enhance local business opportunities. The right shall include the right to have local monies reinvested locally by lending institutions, and the right to equal access to capital, credit, contracts, incentives, and services for businesses owned by [your city] residents.

3.2. The Right To Affordable And Safe Housing
Residents have the right to affordable housing, the right to a safely-maintained dwelling, and the right to be free from housing discrimination. The City shall ensure the availability of low-income housing stock sufficient to meet the needs of the low-income housing community. People and families may only be denied renting or buying of a dwelling for non-discriminatory reasons and may only be evicted from their residence for non-discriminatory causes.

3.3. The Right To Affordable Preventive Health Care
Residents have the right to affordable preventive health care. For residents otherwise unable to access such care, the City shall guarantee such access by coordinating with area health care providers to create affordable fee-for-service programs within eighteen (18) months following adoption of this provision.

3.4. Rights for Nature
Ecosystems and natural communities within the City of [your city] possess inalienable rights to exist and flourish. The rights of rivers, streams, and aquifers shall include the right to sustainable recharge, flows sufficient to protect native fish habitat, and clean water. The City of [your city] and any resident of the City or group of residents have standing to enforce and protect these rights.

3.5. Right to Water
All residents, natural communities and ecosystems in [your city] possess a fundamental and inalienable right to sustainably access, use, consume, and preserve water drawn from natural water cycles that provide water necessary to sustain life within the City.

3.6. Right to Sustainable Food System

All residents of [your city] possess a fundamental and inalienable right to access, use, consume, produce and distribute foods generated from sustainable farming practices, and to be free of infection, or infestation or drift by any means, from genetically engineered life forms or genetically modified organisms.

3.7. The Right To Affordable And Renewable Energy
Residents have the right to access affordable and renewable energy sources.

3.8. Right to Constitutional Protections in the Workplace
Employees shall possess United States and [your state] Bill of Rights’ constitutional protections in the workplace within the City of [your city], and workers in unionized workplaces shall possess the right to collective bargaining.

3.9. Right to Determine the Future of Neighborhoods
Neighborhood majorities shall have the right to approve all zoning changes proposed for their neighborhood involving significant commercial, industrial, or residential development. It shall be the responsibility of the proposer of the zoning change to acquire the approval of the neighborhood majority, and the zoning change shall not be effective without it.

3.10. Right to a Free, Open and Accessible Internet
(a) All residents of the City of [your city] shall possess the right to a free and open internet, which shall include, but not be limited to, the right to access, use, send, post, receive, or offer lawful content, applications, or services of the user’s choice.
(b) All residents of the City of [your city] shall possess the right to be free from provider service and performance level discrimination based on the identity, source or type of individual content or service providers.

3.11. Right to a Citizen Managed and Accountable Police Force
All residents of the City of [your city] have a right to a police force managed by a civilian police chief held fully accountable by an elected panel of citizens.

3.12. Right to Clean and Fair Elections Free from Corporate Interference
Residents of [your city] possess the right to fair elections, which shall include the right to an electoral process free from corporate involvement.

3.13. Right to Clean Government
Residents of [your city] have the right to clean government, which shall include the right to a City legislative process free from corporate lobbying and involvement.

3.14. Right to Marriage Equality
Residents of [your city] have the right to gender-neutral marriages for both same- and opposite-sex couples.

Section 4 - Prohibitions and Corporate Legal Privileges
4.1. Prohibition on Corporate Personhood and Privileges
Corporations and other business entities which violate the rights secured by this Community Bill of Rights shall not be deemed to be “persons,” afforded by the United States and [your state] Constitutions, nor possess any other legal rights, privileges, powers, or protections which would interfere with the enforcement of rights enumerated by this Charter.

4.2. Ban on Electioneering
It shall be unlawful for any corporation to make a contribution or expenditure to influence any election within the City of [your city].

4.3. Ban on Lobbying
It shall be unlawful for any corporation to communicate with an elected official within the City of [your city] urging support or opposition to pending legislation. This ban shall not be construed to prohibit open forum communications between corporate lobbyists and elected officials.

Section 5 - People’s Right to Self Government
All residents of [your city] possess the fundamental and inalienable right to a form of governance where they live which recognizes that all power is inherent in the people, that all free governments are founded on the people’s authority and consent, and that corporate entities and their directors and managers shall not enjoy special privileges or powers under the law which make community majorities subordinate to them.

Section 6 - Enforcement
6.1. The City of [your city] may enforce this Community Bill of Rights through an action in equity brought in the [your court of jurisdiction]. In such an action, the City of [your city] shall be entitled to recover all costs of litigation, including, without limitation, expert and attorney’s fees.

6.2. Any resident of [your city] shall have the authority to enforce this Community Bill of Rights through an action in equity brought in the [your court of jurisdiction]. In such an action, the resident shall be entitled to recover all costs of litigation, including, without limitation, expert and attorney’s fees.

Section 7 - Severability
The provisions of this Community Bill of Rights are severable. If any court of competent jurisdiction decides that any section, clause, sentence, part, or provision of this Ordinance is illegal, invalid, or unconstitutional, such decision shall not affect, impair, or invalidate any of the remaining sections, clauses, sentences, parts, or provisions of the Community Bill of Rights.

Section 8 - Repealer
All inconsistent provisions of prior Ordinances adopted by the City of [your city] are hereby repealed, but only to the extent necessary to remedy the inconsistency.

This model was developed by the Community Environmental Legal Defense Fund. You can learn more about CELDF’s theory of change, its democracy school educational programs on corporate power and its global organizing efforts for community rights at their website.

You can also find the model Community Bill of Rights template for Occupy Communities as a google doc or as a pdf.
Thomas Linzey is the Executive Director of the Community Environmental Legal Defense Fund, a nonprofit law firm which provides legal assistance to communities struggling to protect community self-government and the natural environment from corporate decision-making. Jeff Reifman is co-founder of Envision Seattle, a rights-building effort modeled after CELDF’s work. He’s also a technologist, freelance writer and organizer. Visit his wesbite here.

Read more...

Wednesday, January 4, 2012

Populism isn't dead, it's marching: What 19th century farmers can teach Occupiers about how to keep going

A side-by-side look at the Populists and the Occupy Movement--how do we learn from our past and move on to confront oppression as a true movement of the 99%? Ashley Sanders was a speaker at this summer's Democracy Convention, and is currently connected with Peaceful Uprising.
by Ashley Sanders. Posted December 30 on Truth.out-org.

Not so long ago, Americans witnessed the beginning of a mass democratic uprising. Thousands of average people, disgusted by greedy elites and corporate control of government, launched a movement that spread to almost every state in the nation. They did it to reject debt. They did it to fight foreclosures. They did it to topple a world where the 1 percent determined life for the other 99. And they did all of it against incredible odds, with a self-respect that stymied critics.

The year? 1877. The people? Dirt-poor farmers who would come to be known as Populists.

Now it's 2011, and the People are stirring again. It's been over two months since a few hundred dreamers pitched their tents in Zuccotti Park and stayed.
These people weren’t Populists, but they had the same complaints. They couldn't make rent. They had no future. They lived in a nation with one price for the rich and another for the poor. And they knew that whatever anyone said that they didn’t have real democracy.

Okay, and so what? What do a bunch of century-dead farmers have to do with the Occupy movement? Well, quite a lot, actually.

You see, the Populists came within an inch of changing the entire corporate-capitalist system. They wanted a totally new world, and they had a plan to get it. But as you may have noticed, they didn’t. And now here we are, one hundred years later, occupying parks where fields once stood. We’re at a crucial phase in our movement, standing just now with the great Everything around us—everything to win or everything to lose. It’s our choice. And that’s good, because the choices we make next will echo, not just for scholars and bored kids in history class, but in the lives we do or don’t get to have. The good news is this: the Populists traveled in wagons and left us their wheels. We don’t have to reinvent them. We’re going in a new direction, but I have a feeling they can help us get there.

Occupy has done a lot of things right, and even more things beautifully. But strategy has not been our forte. That was okay at first, even good. We didn’t have one demand, because we wanted it all. So we let our anger grow, and our imagination with it. We were not partisan or monogamous to one creed. That ranging anger got 35,000 people on the Brooklyn Bridge after the Wall Street eviction, and hell if I’m not saying hallelujah. But winter is settling now, and cops are on the march. Each week we face new eviction orders, and wonder how to occupy limbo.

It’s time for a plan, then, some idea for going forward. This plan should in no way replace the rhizomatic-glorious, joyful-rip-roarious verve of the movement so far. It can occur in tandem. But we need a blueprint for the future, because strategy is the road resistance walks to freedom.

In that spirit, I sat down a few years ago and devoted myself to studying social movements of the past. I wanted to see what I could learn from them—where they went wrong, where they went right. I didn't trust this exercise to random musings. No, like a good Type A kid, I made butcher paper lists of past movement features and mapped them onto current ones. I asked: What is the revolt of the guard for the climate movement? What’s the modern anti-corporate equivalent of the Boston Tea Party?

As I read, I learned a lot about the phases movements go through as they form, what common features they share, and what often breaks them apart.

I could name these phases myself, but it’s already been done. And no one has named them better than historian Lawrence Goodwyn, a thinking human if there ever was one and a student of the Populist movement.

Goodwyn said that successful movements go through four stages:
1) First, the movement forms. This happens when people acknowledge oppression and defy it. They create physical and psychic spaces where they can cast off conventional modes of deferment, reject resignation and start acting with radical self-respect. This self-respect involves speaking with the tongue of truth, in the language of radical experience. Millions of people acting with self-respect become a body collective self-confidence, reordering what is politically possible.

2) Second, the movement recruits. It finds a way to attract masses of people while sharing its message of resistance. Radical recruitment is done systematically and strategically, and recruiters attract people in two ways: they promise tangible relief and provide a motive and blueprint for action.

3) Third, the movement educates. It articulates the ideology of the movement. It offers an analysis of power that liberates folks from past thinking patterns, renames what is possible, and unveils a plan to make the possible plausible. It names both the enemy in power and how to get power back. It’s a murder mystery: It gives folks a suspect, a motive, and a scheme for restoring justice.

4) Fourth, the movement politicizes. The movement politicizes when its alternative solutions run up against the powers that be. It admits that power must change for change to work, and it ousts old regimes through direct confrontations with power. Having created alternative economies, practices and paradigms, it creates an alternative political structure—laws, government, and process—to protect its brave new world.

Occupy Wall Street is by and large in phase one. Fair enough; it’s been only two months. Building a movement took the Populists ten or twenty years, so we could easily rest easily. But for most people I know, there is a deep, darkening sense that we do not have that kind of time. We’ve got to change it all, and we’ve got to do it before the ice caps melt, before that python, global finance, dies and squeezes its victims one last and lethal time. We are on the edge of history. We are urgency embodied.

And so we learn from that history. We must. We’ve got to get serious, and fast. We’ve got to make a plan. This plan has to give masses of Americans new paradigms, concrete alternatives, something to join, a way to join it, and a political insurgency to protect it. Along the way, we’ll have to keep a grip on the slippery soul of democracy, practicing consensus and conversation while developing a system of internal communication.

So I’m here to publish my lists. In what remains of this essay, I’ll chart a sample way forward. I’ll take you through each phase of movement building, and make suggestions and critiques. I’ll show how the Populists approached the stage; I’ll say what Occupy’s done well; I’ll dig into dangerous attitudes we should avoid; and I’ll offer suggestions for effective actions. Finally, I’ll close with questions we must answer as a movement whatever methods we decide to use.

But first, let me tell you where I’m coming from. I am not a pure -ism or -ist, but a mutt: part anarchist, part green, part interim socialist. This is no screed for a certain sect, or the fancy footwork of a shill tripping on a movement I don’t move to. This is an essay written by me, a complicated person who desperately wants a complicated movement to succeed in desperate times. Because I care, I critique. A movement is always a bag of new thinking, old thinking, dangerous and helpful ideas. In this mix I am a free agent. I tell the truth as an act of love. This truth-telling should not be confused with the snark of the bourgeois press, who use condescension as credentials and write dismissive missives to fall asleep at night. There is no snark here. I am no reporter, except in the basic sense: I report what I see, what I observe. Call me an embedded editor-anthropologist—someone who tries to understand the culture of a big idea, then challenges it to be bigger, bolder, more beautiful. And of course, I speak as an occupier, not for the occupation. My observations come from my limited experience and my limitless desire to experience more. It's in that spirit I write today, straight from the hum of perpetual noticing.

So let’s begin.

Movement Forming
Populist Example

In the late 19th century, farmers everywhere lived on the brink of total poverty. All across the South and West, furnishing merchants gave them credit in exchange for exorbitant interest rates and the claims to their cotton harvest. These farmers were the ultimate throwaway people: poor, uneducated, desperate. And yet they built a mass insurgency movement that nearly transformed the agrarian system into a series of cooperatives. They did this by forming the Farmer’s Alliance, an institution that functioned on the state, county and local levels to benefit, radicalize and defend the poor. The Alliance experience let farmers use their own language to throw down on corporations, capitalism and false democracy. Within a few years, these same farmers were calling for a whole new economy based on new ideas that they had developed themselves. And for a movement that began with poor white southerners, they were astoundingly democratic, defying social censure to include Blacks, women, and immigrant workers in the movement. What’s more, the Alliance had style and knew how to occupy. When they called for mass education or decision-making camps, alarmed townspeople reported wagon trains stretching as far as the eye could see, festooned with signs, banners and evergreen boughs.

What We’ve Done Right
On my second day at Occupy DC/Freedom Plaza, I looked around me and thought, “Someone needs to do more outreach.” And then it hit me:  Someone else didn’t have to. I did. All I had to do was form a committee and decide a time to meet. So I did. It felt so good to act, to move instead of freezing in despair, to be a real human solving real problems. When I left the Plaza, I was a different person, too. I picked up trash instead of balking at the Entire Trash Problem. I spoke to homeless folks instead of retreating in overwhelm. I was that buzziest of activist buzzwords: I was empowered. And I had discussions, too. I talked to a woman who’d walked hundreds of miles to be with us. I talked to a kid who’d walked out of his movie theater job and never looked back. Some of those conversations were gorgeous, and some were the goddamned hardest, most frustrating talks I’ve ever had. Some had me waving my ego like a badge until finally, hours or weeks later, I’d drop it. I realized I was not nearly as democratic as I thought. But it was good to come alive, to see myself as I actually was: a human being amongst human beings, all capable of great goodness and great failure. And I knew this was what corporate reporters could not understand. They wanted our demands. But our first demand was simple. We wanted to come alive. We were there to be somewhere fully, maybe for the first time ever. The media wanted headlines, but we were starting from our toes. What they could not see was this: the dark, fungal growth of decomposing, of old things dying to nourish a new world.

Attitudes to Avoid
Aesthetic Anarchism/Damn the Plan. I am all for mass democratic, non-hierarchical movements. I am in favor of taking down the system. I want to work from an outsider position of independence and autonomy. But I have noticed in many occupations a pernicious spirit of aesthetic anarchism. When I say aesthetic, I’m not talking about looks. I’m talking about image. I’m talking about when the form of an idea replaces its substance, or when the rituals of belief replace the point of believing. Aesthetic attitudes prevail when our motive is not to change power, but to be right, fashionable, or cool--a perfect -ism. And since aesthetic beliefs are more about approval than victory, aesthetic believers spend very little time thinking about what victory means or requires. Every movement has its aesthetics (think hippies) and that would be fine if they didn’t disrupt the entire point, which is to win. Because in order to win, you need a plan, and to plan you must consider an array of ideas, challenging conventional wisdom to get at effective action. Radicals say: 6,000 people lost their homes to banks today. Did we help them? What would it take to help them? Then they go from there, letting the need dictate the action. Aesthetic anarchists, however, are content to wait for the word from their chosen Sinai, saying, “If New York does it, we do, too,” or “so sayeth the man in punk-rock black.” They are inheritors of a received culture of ideas—-a splinter culture, but a shallow one nonetheless. Their goals are purity and counter-cultural conformity, a strange form of leftist fundamentalism. One of the worst forms of aesthetic anarchism confuses having a plan with being The Man. Aesthetic anarchists equate all structure and strategy with fascism, defining ‘true’ actions as spontaneous and random. Similarly, they see radicalism in terms of approved actions rather than methods. But this Ivory Gutter Attitude gets us nowhere. So let’s be clear, then. Having a plan is not being The Man. It’s not selling out. It’s not fascist. Having a plan means deciding how to engage with power, and how to make power engage with you. Going forward, let’s do less Damning the Plan and more Damning the Man. Let’s decide what we want and create a plan to get there, choosing our actions to fit the problem, not the fashion. So far our movement’s a radical noun; let’s strategize to make it a radical verb.

Suggestions
Practice democracy fairly. Hold ongoing teach-ins on racism, classism, and patriarchy developed by those most oppressed and supported by their allies.
Practice democracy fully. Most of us weren’t taught how to make decisions together, so we need to learn. Invite professional facilitators to do trainings on true consensus. Pinpoint places where democracy is breaking down and find solutions.
Know your neighbor. Set up a storytelling tent by the info booth. Talk to people about why they are here, what they’re angry about, who they are, what solutions they have. Record the sessions and screen them for the camp at night.
Heal. We’re all coming to this with emotion and history. Some of us are new, and impatient. Some of us are old, and can’t bear to fail again. A lot of infighting is the result of unspoken despair and disillusionment. The ‘real’ world silences those emotions, but Occupy is an opportunity for voice. Have a therapist or healer lead the group through grief work—for example, Joanna Macy’s "Work That Reconnects".
Strategize. Take Goodwyn’s four phases of movement building and brainstorm ways to make them flourish. Challenge cavalier assumptions about what does and doesn’t work. Merge this into a multi-day, consensus-based visioning session and come up with concrete goals and strategies for your local Occupy.

Questions
What inherited cultural assumptions am I bringing to the Occupy movement? How do dominant societal narratives on race, class, gender, resistance and revolution impair my organizing? How do fashionable resistance models inform my work, and do they help or harm? And finally: How bad is x problem, how long do we have to fix it, and what would it take to win?

Movement Recruiting
Populist Example
The Populists did not confuse action with aimlessness; they were radicals with a plan. Being destitute, they understood the need to create economic alternatives that immediately relieved other poor people and brought them into broader struggle. They began by identifying their central problem: they needed credit to get farming supplies, but the furnishing merchant controlled credit and exploited them. So they created the Farmers Alliance Exchange, a cotton co-op that pooled resources to buy equipment, market the harvest, and sell in bulk to foreign and domestic buyers. This system allowed the farmers to depend less on the merchant for credit and to sell their crops at better prices. It also served as a powerful recruitment tool: the co-op attracted recruits and showed them through their own experience how and why the dominant economic system failed them. Two millions farmers joined in a matter of three years, forming thousands of sub-alliances—each with their own cotton buying agent and farmer-lecturer. The Alliance would eventually mobilize this massive and structured base to break up farming monopolies, push for a new financial system, and create a formidable third party. Participating in the co-ops gave average farmers a sense of dignity, greater economic independence, class consciousness, and experience solving complicated problems together.

What We’ve Done Right
My first day at Freedom Plaza, I lost my wallet. The weird thing is, it didn’t matter. The communal kitchen gave me breakfast, lunch and dinner. Concerned people offered money. The after-dinner dance party and discussion were way better than seeing a movie, and if I’d needed it, there were blankets, sleeping bags and tents for those without. That’s when I realized it: Right there in the capitol of capital, I was in a money-free zone, in a community that met both my physical and emotional needs. When I met an exile from Katrina-era New Orleans, I could invite him to the plaza. He got some pasta and a rousing discussion on the Fed; we heard from him on FEMA, poverty and homelessness. Occupy’s genius is combining what is normally separate. We were meeting our immediate needs while preparing for long-term resistance. We created alternatives that got people involved, then involved ourselves in creating alternatives.

Attitudes to Avoid
The Rhizome Religion. Biologically, rhizomatic organisms send out roots underground that pop up as random shoots above. Each root, if cut in pieces, can regenerate the whole plant. Politically, a rhizomatic movement has no leader, no main branch, and can reproduce anywhere. The good thing about rhizomes is they’re essentially unstoppable (when was the last time you fought an aspen grove and won?). The problem is they’re random—bad for recruitment. Right now, Occupy may represent the 99 percent, but in reality we’re our least favorite number: the 1 percent. To really get people involved, we can’t ask people to come to us. We have to come to them. We have to diligently and deliberately reach out to those most affected by our rapacious financial system: people of color, the poor, immigrants and women. And we should do this by working with established community groups and individuals, radically listening to what folks really want and need. Some Occupies have done a great job reaching out to unions, community groups and regular folks, and the rest of us are trying. But by and large we’ve been practicing the rhizome religion, believing that good ideas will spread spontaneously and recruits will pop up accordingly. In ten years of organizing, though, I have learned one thing for certain: recruitment is not an accident. It takes planning and dogged determination. It takes humility and a high tolerance for discomfort. And it takes realizing that most people are busy trying to survive and need solutions that will tangibly improve their lives. There is magic to any movement, yes-—that soul that makes it sing—-but in organizing no rabbits pop out of hats. If you want to reach the people, you have reach out, one hand in welcome and the other in offering. You do this door by door, neighborhood by neighborhood, church by church, until you’ve not just imagined the 99 percent: you’ve met them.

Suggestions
Occupy (your) neighborhoods! Find out where people in your Occupy live. Form neighborhood councils in those communities. Go door to door, meeting people you live by and asking them how the economy’s treating them. Talk to them to learn what skills, needs and interests they have. Ask what organizations are helping already, and talk to those folks, too. From these discussions, create a People’s Map of needs and assets for each neighborhood in the city. Form a spokescouncil of neighborhood representatives to discuss the map, then use this information to keep organizing those communities. Each neighborhood starts creating alternatives that meet their specific needs and the needs of the whole city, growing food, making clothing, or building shelters. Teams of emergency responders could fight foreclosures and feed the hungry. There could be neighborhood-level, worker-owned co-ops and health care clinics. We could disappear from the corporate economy and make wealth where we live.

Questions
What are the most pressing needs in my community? What tangible solution would address them? Do I know my neighbors, and if not, why not? What groups are already working on these problems, and what do they need from me? If the economy tanked tomorrow, what would my community need to survive? How can we start to meet those needs? What assets do people on my block have? What assets do I have?

Movement Educating
Populist Example
Ironically, it was the failure of the cotton cooperative, the Populists’ economic alternative, that pushed them toward their radical ideology. As brilliant as it was, the co-op effort stalled on bare fact: they needed money to function, the farmers had none, and bankers had lots but hated co-ops. So try as they might—and they tried, raising thousands of dollars from penniless farmers and swaying small landowners to co-sign loans with landless tenants—farmers could not get the credit they needed. But instead of letting that daunt them, they let it move them from economic cooperation to social and political insurgency. They used the co-op failure to teach people about power. If bankers had power, and their power was political, no alternative would be safe until the People got enough power to change the law. This cold truth led to a fiery ideology: a whole new Treasury and currency system tied to a radical third party that called for land reform, socialization of major industry, and better conditions for millions of industrial laborers. But by far the most impressive thing about the ideology was the way the Populists spread it. In less than two short years, they democratically developed their power analysis and relevant solutions, trained 40,000 uneducated farmers to convey the message, then sent them fanning out across the South and West. These lecturers helped start thousands of new sub-alliances and cooperatives, radicalized rural America economically and politically, and paved the way for coalitions with labor, urban immigrants, and Black sharecroppers. They also formed the Reform Press Association, a massive network of radical agrarian presses that challenged the corporate political perspective and disseminated declarations and agreements.

What We’ve Done Right
At every Occupy I’ve been to, I’ve seen folks in the grip of democratic discussion. In one corner, a vet teaches military counter-recruitment tactics. A suited woman talks foreclosures and how to fight them. Paul-ites speak of fiat currency while a mohawked kid hands out ‘zines. After a whole lifetime of trusting experts, people are waking up to the value of their own experience. They are starting to believe in what they know. And they are sharing it with each other. They didn’t get us into this mess, but hell if they don’t believe we can get ourselves out. It’s like a light went on in one person’s head, and then another and another. All these problems, all these intractable problems we’ve suffered so long—well, they aren’t intractable! Capitalism is not inevitable. Poverty is not inevitable. In other words, they’re fallible. They can be fought, resisted. In that sense, Occupy is not an occupation, but a giant exercise in decolonization. It’s a battle to oust the false masters of our minds.

Attitudes to Avoid
Raising Awareness, not Rising Up. For the last decade, I’ve had my awareness raised so many times my brain should have popped. And when each successive awareness-raising moment ended, a bunch of newly brain-pained people asked what to do next. The answer? Raise more awareness. Of course, Occupy has done much more than raise awareness—-we have taken the streets and stayed despite rain, snow and fatigue. But our default stance on ideology is still quite liberal: people talk and their minds change; changed minds change society. More important is the thorny issue of demands. In the beginning, we had none, which was cunning. But the persistent refusal to create any highlights a mistake that democratic movements often make: that forming clear analyses and demands and agitating around them is necessarily presumptuous, invasive, and authoritarian. That’s not true, though. An ideology is, at its most basic level, a description of power and a plan for fighting it. An ideology sets goals and decides how to engage with the enemy. Ideologies can be developed democratically, with input from all affected parties. They flag common mistakes and build cohesion. They are the basis for radical demands. Without ideology, you can be highly aware but have no plan for political action. In other words, you’re easily co-opted. A rigorous ideology guards against co-optation by showing people why they're acting and what they’re acting for. That’s why radical ideology must lead to radical recruitment. This process is not accidental and doesn’t remotely resemble awareness-raising. Raising awareness is a piecemeal act that does not provide people with an analysis for action. To illustrate the difference: a lot of people who opposed neoliberal nation-building voted for Barack Obama in 2008, despite the fact that he fully intended to continue the same. This occurred not because these people were stupid or needed one more teach-in on Afghanistan; it happened because the left did not offer clear reasons and means to do anything else. The Occupy movement needs demands, especially now that many Occupies are facing eviction. It needs to spread them systematically, giving everyone who is discontented a mandate and method for change. This is not presumptuous if we do it together. If we do it together, it’s called democracy. Let’s not raise awareness. That gives us grief but nothing to do. Let’s educate toward action. Let’s rise up.

Suggestions
This one’s going to be hard, but worth it. Let’s use our General Assemblies to develop an ideology, then federate to hammer out demands. Each occupation takes the next month to democratically develop their top three grievances and demands. (There are many consensus models available for developing ideas and solutions that go beyond the scope and format of a General Assembly.) After they’re done, they send two delegates to an Occupy convention, where we’d come up with a declaration (our grievances) and a new constitution (our demands and solutions). The process of coming up with these documents would itself be revolutionary and would deepen our understanding of each other and our fight, and the finished product could be used to educate, agitate and get started on a new world.

Questions
Who are our friends? Who are enemies? What do we want? What is the main obstacle that keeps us from getting it? How have we tried to fight that problem before? Did it work? Why or why not? What would it take to be successful? Even with diverse opinions, what are a few things we agree on? What solutions already exist, and what solutions do we need to invent? What is uniquely ours to give in the long fight against elitism? What are our weaknesses and how might they be exploited? What education do we need to act successfully? How do we get it to them? How do we come up with demands, and how will we disseminate them?

Movement Politicizing
Populist Example
The Populists made every attempt to create a new world through non-cooperation—-functioning as if the State didn’t exist. But the State did exist, and it combined with corporations to control everything the Populists needed: credit, land, a fair currency. The Populists realized they had no choice. In order to operate their co-ops and implement their new Treasury program, they had to change the law. And to change the law, they had to confront power. So radicals within the movement pushed a new plan. They urged the agrarian movement to form a political third party, a militant coalition of rural and urban workers that sought to transform the very foundations of government. The bulk of the movement responded in kind, and farmers met en masse in 1892 to fashion the Omaha Demands-—the foundation of The People’s Party. These demands called for the abolition of national banks, reclamation of corporate land for use by the People, a graduated income tax and the prohibition of agricultural speculation. Populists once again mobilized their massive, educated and organized base to run third party and fusion candidates for every level of office in the land. In states like Kansas, they won straight tickets. Railroad magnates wrote letters to colleagues, invoking God to spare them a Populist legislature. In other states, the party did not fare as well. Rampant election fraud and vigilante action stymied campaigns in the South; two-party emotional appeals leveled the rest.

Despite its real success, the People’s Party imploded for several reasons. First, it didn’t organize urban-rural coalitions soon enough. Second, Alliance members split over the politics, many preferring alternatives to confrontation. And third, the movement’s failure to create co-ops in key states led to lack of organization, recruitment and radical education. This, in turn, produced the shallow analysis and lack of self-respect that make movements ripe for accommodation. Within four years, the movement caved to the comfort of received culture and nominated William Jennings Bryan-—a Democrat—-as their presidential candidate. With that move, America lost one of the most inspiring democratic movements it has ever seen.

What We’ve Done Right
We’ve rejected the two-party system and refused to pander to politicians. Screaming fire couldn’t clear an Occupy faster than a Democratic operative, and that’s good. This time around, we’re insisting on autonomy first and demands second. This is the opposite of 2008, when so many auctioned off autonomy to buy futures in the grossly inflated hope and change market. But that bubble crashed, too, and promises are no longer worth what we’ve got to pay for them. Now we’re wiser. Now we’re the ones making promises—this time to ourselves.

Attitudes to Avoid
The Complicity Complex. The politicization of the Populist movement appears to be a simple moral tale: the Populists got political and so got coopted. The solution is, of course, to not engage in conventional politics. But the real lesson is actually double-edged. Because it is just as true that the Populists failed because they didn’t engage enough, believing they could do radical economics without radical politics. In reality, though, noncooperation can’t work without transforming power at the level of government. The Populists didn’t fail because they got political; they failed because they didn’t organize enough before they did. This statement will be controversial to some Occupiers, many of whom reject conventional politics because the system has failed. And they’re right. The two-party capitalist system has failed. I am not advocating a return. But consider this: If we don't confront political power directly-—replace it, dismantle it, infiltrate it, whatever-—then we actually depend more on it than if we did. Up until now, the Occupy movement has focused on reclaiming space, direct action, and noncooperation. But that doesn't mean we’re politically independent; it simply means we depend on politics indirectly. That is being co-opted by default. As my friend likes to say: “You may not believe in the State, but the State believes in you.” You can ignore it and avoid it, and for some goals, that works. But any successful alternative will fail precisely by being successful unless it finds a way to confront and change the law. If, on the other hand, you say what you want and how you want it, then form an autonomous group to get it-—and if what you want scares the powerful and improves material realities for millions of people—that's independence.

Now, there are lots of ways to build political power besides running for office, some of which I will list below. But we shouldn't confuse a slicked-out politico pawning our movement with creating populist political force. Remember: radical change is not action-specific. Actions are radical when they challenge the balance of power. A strike could be totally symbolic if it’s not well-planned, while a legal strategy that questions the legal structure can be quite radical indeed. In other words, an action is radical if shifts power to the oppressed. The question should not be what appears most radical; the question should be what works most radically in a given situation. If, for example, your goal was ensuring food justice for millions of people, you could grow a vast network of gardens without anyone’s say-so. But if you are trying to stop a foreign war, there aren’t a lot of alternatives available. In the former case, you drop out. In the latter, you engage. This engagement can take the form of direct action. It can take the form of a third party. It can take the form of people’s laws. What it can’t do is confuse confrontation with complicity, or else it will fail. If we want to win, we must find a way to challenge political power without compromise.

Suggestions
Delegates return from the national convention and use the demands and grievances to start an Occupy Party. This party wouldn't join power, but confront it. It would exist to change the system, but also to recruit masses of people to the Occupy movement and get working for a new world. The candidates would not be leaders but conduits, wearing Everyone masks and refusing to reveal their identity. They could literally change with every debate, every interview, physically embodying the diversity they represent. Yard signs wouldn’t have names but manifestos: “I Am Everyone and I Want ______.” And the name on the ballot? The 99 percent.
Engage in massive, coordinated direct action. Delegates at the Occupy convention could also decide priority targets for direct action, then organize local Occupies to coordinate simultaneous actions. With only a few thousand people well-organized people we could shut down, say, the banking system in the United States. We just need to pick a goal and get the numbers. (Direct action is an especially good tactic for people who don't like to mess with electoral politics. But if it's to be effective, it has to be massive and it has to be coordinated. Creative actions get publicity, raise awareness, intimidate the powerful, and make people feel empowered and important. Mass action stops the machine.)
Create People’s Laws. This could be coordinated on a national level or done to suit each particular Occupy, but the idea’s the same. Come up with a law that dramatically shifts power (for example abolishing corporate personhood) and run it as a ballot initiative—-a form of direct democracy. Use the ensuing organizing drive to educate and recruit people into the movement, then fight like hell to pass the law. Remember, though: This is municipal civil disobedience, so prepare to escalate in court.

Questions
You might not agree with my suggestions, but you’ve got to answer my questions. First, what kind of government do I want? (Because a government is, at its core, a decision-making process and body. Everyone has a government. They just have to say what kind it is.) For the Occupy movement, this will probably involve describing both an interim government and an ultimate government. What do we want while the current system exists, and what do we want when we’ve won? Then ask: Do I want to replace, transform, infiltrate or abolish the government? If I do not want to engage in conventional politics, then what is my plan for confronting existing power?

Two last last things 
First, Goodwyn names four movement phases, but he also names a movement necessity: internal communication. Successful movements, no matter how far-flung and rhizomatic, find ways to communicate their ideas, their methods, their models and their plans. Movements that don't do this form pockets of intensity or slump into irrelevance. The genius of the Occupy movement is leaderless, local autonomy, but that genius is also a pitfall if we can't find a way to coordinate efforts. So far, individual Occupies can throw out ideas or even call for actions, but it's very difficult to organize around something massive or share crucial information. In a leaderless movement, it can be difficult to know where to go to share or get a question answered. It is good to keep in mind that democratic movements often require more structure than hierarchical ones, since in hierarchies you ask the person in charge and in democracies you ask the structure itself—a committee whose membership is always in flux. This makes it more important than ever to identify a clear process of getting information, making decisions, and federating to make large decisions. The Populists had a system of sub-alliances that each had their own flavor and attitudes, but they coordinated through a system of trained lecturers and annual convergences. In between big events, they communicated through their own Reform Press Association, a collection of local, regional and national papers that communicated key ideas, agreements and perspectives to farmers all over the country.  Occupy Nashville has met this need by reviving the Revolutionary-era Committees of Correspondence, using these working groups to communicate throughout the state. Others have suggested an Occupy news network or a kind of informational Pony Express where appointed people travel to share critical information. Whatever the solutions are, Occupy must create a centralized virtual and physical space to share and plan together or we will fight too much alone.

Second, as I finished this essay, the evictions started. One by one, Occupies faced police in riot gear solving ‘public health threats’ with tear gas and pepper spray. Some of us held our ground, some were routed but regrouped and reclaimed, and others are in limbo, wondering what to do next. There are signs at most evictions that say something simple and profound: You can’t evict an idea. That’s true, and the idea of an occupation is capable of outlasting a centralized physical occupation, going forward to occupy homes against foreclosure, occupy classrooms, occupy elections, whatever. But this is an uncomfortable stage because the magic of Occupy has been the centralized physical occupation, a place where so much more happens than the tasks at hand. As my friend bemoaned: “I don’t want us to go back indoors to meetings only ten people attend, only to go back out and find all the people who gathered once but then dispersed.” And that is a real concern. On the other hand, occupations can become mired in problems of self-defense, and the occupation itself can supersede the work that needs doing. We need to regroup our local Occupies and ask ourselves some serious questions. First, what are the pros and cons of a centralized, physical occupation? What are the most pressing needs in our community and are they met better by one occupation, many small and targeted occupations, or another route altogether? If our occupations went dark or indoors, would we lose a certain magic and hutzpah that we need? If yes, how can we best defend or reclaim an occupy space, and what skills do we need to do that? How can we get those skills, and how can we divvy up our energies to meet both the needs of the occupation and its purposes? What are our goals and how do we meet them in the style and spirit of the Occupy movement? And finally, how do we keep the magic alive? That last question might sound silly, but it’s the most important. Because the Occupy movement didn’t invent the grievances its making or the problems it’s fighting. Most of these problems have existed for decades or even centuries, and have been fought for just as long by devoted dissidents. What Occupy has brought to this mix is radical hope and the magic of gathered imagination, gathered rage, gathered force. It’s brought possibilities so fast and thick they feel like the new texture of reality. And that’s what we cannot afford to lose.

...

Those are my lists. I’m done, and we’re just starting. I have only one brain, and this is just one way forward. Probably there are as many ways as hearts, and we’ll need every beating one. But there are two things for sure: All the ways are steep, and some of them are worth it. There’s another side to this mountain, and it’s lovely and shot with light. Like the bear, we’re going over to see what we can see. We’ll know when we arrive, because we’ve carried the idea of this place for lifetimes, centuries. Sometimes it’s whispered and sometimes, shouted. It’s been killed and resurrected, celebrated and spurned. It’s suffered with aplomb, and so it’s ragged-beautiful. Sometimes it seemed so far, and we were in the dark. And other times we were sure it was just around the corner, right up against our skin. Always it’s been a world we made with voices, heads, and hands.

This wagon train is long, and it doesn’t stop. It loses people, wheels—re-finds them. We die on the march, mostly, and often the point is marching. But there is always the mountain, and still the other side. We are pulling toward it, all of us. And we are pulled by one great question: What would it look like to win?

This is the question you must ask. You ask it for yourself, and for your children. You ask it alone, and we answer it together. But you must ask it, and not let anything get in the way of the answer—not your ego, not your assumptions, not your weary, tired heart.

Because democracy is not an idea, a monument or a building. Democracy is nothing short of being fully alive and defending the fully living.

So write your lists and make your map. Have a plan and damn The Man. Because populism isn’t dead, you see: it’s marching.

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Monday, October 31, 2011

Occupy Earth: nature is the 99%, too

Years of organizing to stop environmental degradation often boils down to "Somebody got rich and somebody got sick." Changing the corporatist view of nature as resource and communities as expendable will help safeguard environmental systems and human health.
by Chip Ward. Posted on TomDispatch.com October 27

What if rising sea levels are yet another measure of inequality? What if the degradation of our planet’s life-support systems--its atmosphere, oceans, and biosphere--goes hand in hand with the accumulation of wealth, power, and control by that corrupt and greedy 1% we are hearing about from Zuccotti Park? What if the assault on America’s middle class and the assault on the environment are one and the same?

Money Rules: It’s not hard for me to understand how environmental quality and economic inequality came to be joined at the hip. In all my years as a grassroots organizer dealing with the tragic impact of degraded environments on public health, it was always the same: someone got rich and someone got sick.

In the struggles that I was involved in to curb polluters and safeguard public health, those who wanted curbs, accountability, and precautions were always outspent several times over by those who wanted no restrictions on their effluents. We dug into our own pockets for postage money, they had expense accounts. We made flyers to slip under the windshield wipers of parked cars, they bought ads on television. We took time off from jobs to visit legislators, only to discover that they had gone to lunch with fulltime lobbyists.

Naturally, the barons of the chemical and nuclear industries don’t live next to the radioactive or toxic-waste dumps that their corporations create; on the other hand, impoverished black and brown people often do live near such ecological sacrifice zones because they can’t afford better. Similarly, the gated communities of the hyper-wealthy are not built next to cesspool rivers or skylines filled with fuming smokestacks, but the slums of the planet are. Don’t think, though, that it’s just a matter of property values or scenery. It’s about health, about whether your kids have lead or dioxins running through their veins. It’s a simple formula, in fact: wealth disparities become health disparities.

And here’s another formula: when there’s money to be made, both workers and the environment are expendable. Just as jobs migrate if labor can be had cheaper overseas, I know workers who were tossed aside when they became ill from the foul air or poisonous chemicals they encountered on the job.

The fact is: we won’t free ourselves from a dysfunctional and unfair economic order until we begin to see ourselves as communities, not commodities. That is one clear message from Zuccotti Park.

Polluters routinely walk away from the ground they poison and expect taxpayers to clean up after them. By “externalizing” such costs, profits are increased. Examples of land abuse and abandonment are too legion to list, but most of us can refer to a familiar “superfund site” in our own backyard. Clearly, Mother Nature is among the disenfranchised, exploited, and struggling.

Democracy 101: The 99% pay for wealth disparity with lost jobs, foreclosed homes, weakening pensions, and slashed services, but Nature pays, too. In the world the one-percenters have created, the needs of whole ecosystems are as easy to disregard as, say, the need the young have for debt-free educations and meaningful jobs.

Extreme disparity and deep inequality generate a double standard with profound consequences. If you are a CEO who skims millions of dollars off other people’s labor, it’s called a “bonus.” If you are a flood victim who breaks into a sporting goods store to grab a lifejacket, it’s called looting. If you lose your job and fall behind on your mortgage, you get evicted. If you are a banker-broker who designed flawed mortgages that caused a million people to lose their homes, you get a second-home vacation-mansion near a golf course.

If you drag heavy fishnets across the ocean floor and pulverize an entire ecosystem, ending thousands of years of dynamic evolution and depriving future generations of a healthy ocean, it’s called free enterprise. But if, like Tim DeChristopher, you disrupt an auction of public land to oil and gas companies, it’s called a crime and you get two years in jail.

In campaigns to make polluting corporations accountable, my Utah neighbors and I learned this simple truth: decisions about what to allow into the air we breathe, the water we drink, and the food we eat are soon enough translated into flesh and blood, bone and nerve, and daily experience. So it’s crucial that those decisions, involving environmental quality and public health, are made openly, inclusively, and accountably. That’s Democracy 101.

The corporations that shred habitat and contaminate your air and water are anything but democratic. Stand in line to get your 30 seconds in front of a microphone at a public hearing about the siting of a nuclear power plant, the effluent from a factory farm, or the removal of a mountaintop and you’ll get the picture quickly enough: the corporations that profit from such ecological destruction are distant, arrogant, secretive, and unresponsive. The 1% are willing to spend billions impeding democratic initiatives, which is why every so-called environmental issue is also about building a democratic culture.

First Kill the EPA, Then Social Security: Beyond all the rhetoric about freedom from the new stars of the Republican Party, the strategy is simple enough: obstruct and misinform, then blame the resulting dysfunction on “government.” It’s a great scam. Tell the voters that government doesn’t work and then, when elected, prove it. And first on the list of government outfits they want to sideline or kill is the Environmental Protection Agency, so they can do away with the already flimsy wall of regulation that stands between their toxins and your bloodstream.

Poll after poll shows that citizens understand the need for environmental rules and safeguards. Mercury is never put into the bloodstreams of nursing mothers by consensus, nor are watersheds fracked until they are flammable by popular demand. But the free market ideologues of the Republican Party are united in opposition to any rule or standard that impedes the “magic” of the marketplace and unchecked capital.

The same bottom-line quarterly-report fixation on profitability that accepts oil spills as inevitable also accepts unemployment as inevitable. Tearing apart wildlife habitat to make a profit and doing the same at a workplace are just considered the price of doing business. Clearcutting a forest and clearcutting a labor force are two sides of the same coin.

Beware of Growth: Getting the economy growing has been the refrain of the Obama administration and the justification for every bad deal, budget cut, and unbalanced compromise it’s made. The desperate effort to grow the economy to solve our economic woes is what keeps Timothy Geithner at the helm of the Treasury and is what stalls the regulation of greenhouse gasses. It’s why we are told we must sacrifice environmental quality for pipelines and why young men and women are sacrificed to protect access to oil, the lubricant for an acquisitive economic engine. The financial empire of the one percenters and the political order it has shaped are predicated on easy and relentless growth. How, we are asked, will there be enough for everyone if we don’t keep growing?

The fundamental contradiction of our time is this: we have built an all-encompassing economic engine that requires unending growth. A contraction of even a percent or two is a crisis, and yet we are embedded in ecosystems that are reaching or have reached their limits. This isn’t complicated: There’s only so much fertile soil or fresh water available, only so many fish in the ocean, only so much CO2 the planet can absorb and remain habitable.

Yes, you can get around this contradiction for a while by exploiting your neighbor’s habitat, using technological advances to extend your natural resources, and stealing from the future--that is, using up soil, minerals, and water your grandchildren (someday to be part of that same 99%) will need. But the limits to those familiar and, in the past, largely successful strategies are becoming more evident all the time.

At some point, we’ll discover that you can’t exist for long beyond the boundaries of the natural world, that (as with every other species) if you overload the carrying capacity of your habitat, you crash. Warming temperatures, chaotic weather patterns, extreme storms, monster wildfires, epic droughts, Biblical floods, an avalanche of species extinction… that collapse is upon us now. In the human realm, it translates into hunger and violence, mass migrations and civil strife, failed states and resource wars.

Like so much else these days, the crash, as it happens, will not be suffered in equal measure by all of us. The one percenters will be atop the hill, while the 99% will be in the flood lands below swimming for their lives, clinging to debris, or drowning. The Great Recession has previewed just how that will work.

An unsustainable economy is inherently unfair, and worse is to come. After all, the car is heading for the cliff’s edge, the grandkids are in the backseat, and all we’re arguing about is who can best put the pedal to the metal.

Occupy Earth: Give credit where it’s due: it’s been the genius of the protesters in Zuccotti Park to shift public discourse to whether the distribution of economic burdens and rewards is just and whether the economic system makes us whole or reduces and divides us. It’s hard to imagine how we’ll address our converging ecological crises without first addressing the way accumulating wealth and power has captured the political system. As long as Washington is dominated and intimidated by giant oil companies, Wall Street speculators, and corporations that can buy influence and even write the rules that make buying influence possible, there’s no meaningful way to deal with our economy’s addiction to fossil fuels and its dire consequences.

Nature’s 99% is an amazingly diverse community of species. They feed and share and recycle within a web of relationships so dynamic and complex that we have yet to fathom how it all fits together. What we have excelled at so far is breaking things down into their parts and then reassembling them; that, after all, is how a barrel of crude oil becomes rocket fuel or a lawn chair.

When it comes to the more chaotic, less linear features of life like climate, ecosystems, immune systems, or fetal development, we are only beginning to understand thresholds and feedback loops, the way the whole becomes greater than the sum of its parts. But we at least know that the parts matter deeply and that, before we even fully understand them, we’re losing them at an accelerating rate. Forests are dying, fisheries are going, extinction is on steroids.

Degrading the planet’s operating systems to bolster the bottom line is foolish and reckless. It hurts us all. No less important, it’s unfair. The 1% profit, while the rest of us cough and cope.

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Monday, August 29, 2011

How can communities reclaim the right to say "no" to corporations?

Mari Margil, of the Community Environmental Legal Defense Fund, recently posted this article on local rights-based ordinances, originally written for Yes! Magazine. She focuses on the recent circuit court overturn on Morgantown, West Virginia's local anti-fracking ordinance, and asks

"Why is it that cities and towns facing the direct impacts of these and a wide range of other harmful corporate activities do not have the authority to determine whether they should occur? How is it that corporate directors who live hundreds if not thousands of miles away--working hand-in-hand with the state and federal officials that residents often expect to protect them--are able to override local, democratic decision making like Morgantown's?"
Pittsburgh's anti-fracking ordinance, which declares the "fundamental and inalienable right" to water for both residents and ecosystems, also gives residents legal standing to sue on behalf of protection of the municipality's ecosystems. But passing these ordinances is nothing but show unless municipalities are also willing to enforce them.

In the meantime, as Wenonah Hauter points out, the energy industries still have too many tools at their disposal to influence public policy in the service of making money, regardless of the risk to health, environment, and local democracy.

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Monday, August 1, 2011

Tim DeChristopher: I do not want mercy, I want you to join me

"The rule of law is dependent upon a government that is willing to abide by the law. Disrespect for the rule of law begins when the government believes itself and its corporate sponsors to be above the law."
by Tim DeChristopher. Posted July 27 on Common Dreams

Tim DeChristopher, who was sentenced Tuesday to two years in federal prison and a $10,000 fine for 'disrupting' a Bureau of Land Management auction in 2008, had an opportunity to address the court and the judge immediately before his sentence was announced. This is his statement:

Thank you for the opportunity to speak before the court. When I first met Mr. Manross, the sentencing officer who prepared the presentence report, he explained that it was essentially his job to “get to know me.” He said he had to get to know who I really was and why I did what I did in order to decide what kind of sentence was appropriate. I was struck by the fact that he was the first person in this courthouse to call me by my first name, or even really look me in the eye. I appreciate this opportunity to speak openly to you for the first time. I’m not here asking for your mercy, but I am here asking that you know me.

Mr. Huber has leveled a lot of character attacks at me, many of which are contrary to Mr. Manross’s report. While reading Mr Huber’s critiques of my character and my integrity, as well as his assumptions about my motivations, I was reminded that Mr Huber and I have never had a conversation. Over the two and half years of this prosecution, he has never asked my any of the questions that he makes assumptions about in the government’s report. Apparently, Mr. Huber has never considered it his job to get to know me, and yet he is quite willing to disregard the opinions of the one person who does see that as his job.

There are alternating characterizations that Mr. Huber would like you to believe about me. In one paragraph, the government claims I “played out the parts of accuser, jury, and judge as he determined the fate of the oil and gas lease auction and its intended participants that day.” In the very next paragraph, they claim “It was not the defendant’s crimes that effected such a change.” Mr. Huber would lead you to believe that I’m either a dangerous criminal who holds the oil and gas industry in the palm of my hand, or I’m just an incompetent child who didn’t affect the outcome of anything. As evidenced by the continued back and forth of contradictory arguments in the government’s memorandum, they’re not quite sure which of those extreme caricatures I am, but they are certain that I am nothing in between. Rather than the job of getting to know me, it seems Mr Huber prefers the job of fitting me into whatever extreme characterization is most politically expedient at the moment.

In nearly every paragraph, the government’s memorandum uses the words lie, lied, lying, liar. It makes me want to thank whatever clerk edited out the words “pants on fire.” Their report doesn’t mention the fact that at the auction in question, the first person who asked me what I was doing there was Agent Dan Love. And I told him very clearly that I was there to stand in the way of an illegitimate auction that threatened my future. I proceeded to answer all of his questions openly and honestly, and have done so to this day when speaking about that auction in any forum, including this courtroom. The entire basis for the false statements charge that I was convicted of was the fact that I wrote my real name and address on a form that included the words “bona fide bidder.” When I sat there on the witness stand, Mr Romney asked me if I ever had any intention of being a bona fide bidder. I responded by asking Mr Romney to clarify what “bona fide bidder” meant in this context. Mr Romney then withdrew the question and moved on to the next subject. On that right there is the entire basis for the government’s repeated attacks on my integrity. Ambition should be made of sterner stuff, your honor.

Mr Huber also makes grand assumptions about my level of respect for the rule of law. The government claims a long prison sentence is necessary to counteract the political statements I’ve made and promote a respect for the law. The only evidence provided for my lack of respect for the law is political statements that I’ve made in public forums. Again, the government doesn’t mention my actions in regard to the drastic restrictions that were put upon my defense in this courtroom. My political disagreements with the court about the proper role of a jury in the legal system are probably well known. I’ve given several public speeches and interviews about how the jury system was established and how it has evolved to it’s current state. Outside of this courtroom, I’ve made my views clear that I agree with the founding fathers that juries should be the conscience of the community and a defense against legislative tyranny. I even went so far as to organize a book study group that read about the history of jury nullification. Some of the participants in that book group later began passing out leaflets to the public about jury rights, as is their right. Mr Huber was apparently so outraged by this that he made the slanderous accusations that I tried to taint the jury. He didn’t specify the extra number of months that I should spend in prison for the heinous activity of holding a book group at the Unitarian Church and quoting Thomas Jefferson in public, but he says you should have “little tolerance for this behavior.”

But here is the important point that Mr Huber would rather ignore. Despite my strong disagreements with the court about the Constitutional basis for the limits on my defense, while I was in this courtroom I respected the authority of the court. Whether I agreed with them or not, I abided by the restrictions that you put on me and my legal team. I never attempted to “taint” the jury, as Mr Huber claimed, by sharing any of the relevant facts about the auction in question that the court had decided were off limits. I didn’t burst out and tell the jury that I successfully raised the down payment and offered it to the BLM. I didn’t let the jury know that the auction was later reversed because it was illegitimate in the first place. To this day I still think I should have had the right to do so, but disagreement with the law should not be confused with disrespect for the law.

My public statements about jury nullification were not the only political statements that Mr Huber thinks I should be punished for. As the government’s memorandum points out, I have also made public statements about the value of civil disobedience in bringing the rule of law closer to our shared sense of justice. In fact, I have openly and explicitly called for nonviolent civil disobedience against mountaintop removal coal mining in my home state of West Virginia. Mountaintop removal is itself an illegal activity, which has always been in violation of the Clean Water Act, and it is an illegal activity that kills people. A West Virginia state investigation found that Massey Energy had been cited with 62,923 violations of the law in the ten years preceding the disaster that killed 29 people last year. The investigation also revealed that Massey paid for almost none of those violations because the company provided millions of dollars worth of campaign contributions that elected most of the appeals court judges in the state. When I was growing up in West Virginia, my mother was one of many who pursued every legal avenue for making the coal industry follow the law. She commented at hearings, wrote petitions and filed lawsuits, and many have continued to do ever since, to no avail. I actually have great respect for the rule of law, because I see what happens when it doesn’t exist, as is the case with the fossil fuel industry. Those crimes committed by Massey Energy led not only to the deaths of their own workers, but to the deaths of countless local residents, such as Joshua McCormick, who died of kidney cancer at age 22 because he was unlucky enough to live downstream from a coal mine. When a corrupted government is no longer willing to uphold the rule of law, I advocate that citizens step up to that responsibility.

This is really the heart of what this case is about. The rule of law is dependent upon a government that is willing to abide by the law. Disrespect for the rule of law begins when the government believes itself and its corporate sponsors to be above the law.

Mr Huber claims that the seriousness of my offense was that I “obstructed lawful government proceedings.” But the auction in question was not a lawful proceeding. I know you’ve heard another case about some of the irregularities for which the auction was overturned. But that case did not involve the BLM’s blatant violation of Secretarial Order 3226, which was a law that went into effect in 2001 and required the BLM to weigh the impacts on climate change for all its major decisions, particularly resource development. A federal judge in Montana ruled last year that the BLM was in constant violation of this law throughout the Bush administration. In all the proceedings and debates about this auction, no apologist for the government or the BLM has ever even tried to claim that the BLM followed this law. In both the December 2008 auction and the creation of the Resource Management Plan on which this auction was based, the BLM did not even attempt to follow this law.

And this law is not a trivial regulation about crossing t’s or dotting i’s to make some government accountant’s job easier. This law was put into effect to mitigate the impacts of catastrophic climate change and defend a livable future on this planet. This law was about protecting the survival of young generations. That’s kind of a big deal. It’s a very big deal to me. If the government is going to refuse to step up to that responsibility to defend a livable future, I believe that creates a moral imperative for me and other citizens. My future, and the future of everyone I care about, is being traded for short term profits. I take that very personally. Until our leaders take seriously their responsibility to pass on a healthy and just world to the next generation, I will continue this fight.

The government has made the claim that there were legal alternatives to standing in the way of this auction. Particularly, I could have filed a written protest against certain parcels. The government does not mention, however, that two months prior to this auction, in October 2008, a Congressional report was released that looked into those protests. The report, by the House committee on public lands, stated that it had become common practice for the BLM to take volunteers from the oil and gas industry to process those permits. The oil industry was paying people specifically to volunteer for the industry that was supposed to be regulating it, and it was to those industry staff that I would have been appealing. Moreover, this auction was just three months after the New York Times reported on a major scandal involving Department of the Interior regulators who were taking bribes of sex and drugs from the oil companies that they were supposed to be regulating. In 2008, this was the condition of the rule of law, for which Mr Huber says I lacked respect. Just as the legal avenues which people in West Virginia have been pursuing for 30 years, the legal avenues in this case were constructed precisely to protect the corporations who control the government.

The reality is not that I lack respect for the law; it’s that I have greater respect for justice. Where there is a conflict between the law and the higher moral code that we all share, my loyalty is to that higher moral code. I know Mr Huber disagrees with me on this. He wrote that “The rule of law is the bedrock of our civilized society, not acts of ‘civil disobedience’ committed in the name of the cause of the day.” That’s an especially ironic statement when he is representing the United States of America, a place where the rule of law was created through acts of civil disobedience. Since those bedrock acts of civil disobedience by our founding fathers, the rule of law in this country has continued to grow closer to our shared higher moral code through the civil disobedience that drew attention to legalized injustice. The authority of the government exists to the degree that the rule of law reflects the higher moral code of the citizens, and throughout American history, it has been civil disobedience that has bound them together.

This philosophical difference is serious enough that Mr Huber thinks I should be imprisoned to discourage the spread of this idea. Much of the government’s memorandum focuses on the political statements that I’ve made in public. But it hasn’t always been this way. When Mr Huber was arguing that my defense should be limited, he addressed my views this way: “The public square is the proper stage for the defendant’s message, not criminal proceedings in federal court.” But now that the jury is gone, Mr. Huber wants to take my message from the public square and make it a central part of these federal court proceedings. I have no problem with that. I’m just as willing to have those views on display as I’ve ever been.

The government’s memorandum states, “As opposed to preventing this particular defendant from committing further crimes, the sentence should be crafted ‘to afford adequate deterrence to criminal conduct’ by others.” Their concern is not the danger that I present, but the danger presented by my ideas and words that might lead others to action. Perhaps Mr Huber is right to be concerned. He represents the United States Government. His job is to protect those currently in power, and by extension, their corporate sponsors. After months of no action after the auction, the way I found out about my indictment was the day before it happened, Pat Shea got a call from an Associated Press reporter who said, “I just wanted to let you know that tomorrow Tim is going to be indicted, and this is what the charges are going to be.” That reporter had gotten that information two weeks earlier from an oil industry lobbyist. Our request for disclosure of what role that lobbyist played in the US Attorney’s office was denied, but we know that she apparently holds sway and that the government feels the need to protect the industry’s interests.

The things that I’ve been publicly saying may indeed be threatening to that power structure. There have been several references to the speech I gave after the conviction, but I’ve only ever seen half of one sentence of that speech quoted. In the government’s report, they actually had to add their own words to that one sentence to make it sound more threatening. But the speech was about empowerment. It was about recognizing our interconnectedness rather than viewing ourselves as isolated individuals. The message of the speech was that when people stand together, they no longer have to be exploited by powerful corporations. Alienation is perhaps the most effective tool of control in America, and every reminder of our real connectedness weakens that tool.

But the sentencing guidelines don’t mention the need to protect corporations or politicians from ideas that threaten their control. The guidelines say “protect the public.” The question is whether the public is helped or harmed by my actions. The easiest way to answer that question is with the direct impacts of my action. As the oil executive stated in his testimony, the parcels I didn’t bid on averaged $12 per acre, but the ones I did bid on averaged $125. Those are the prices paid for public property to the public trust. The industry admits very openly that they were getting those parcels for an order of magnitude less than what they were worth. Not only did those oil companies drive up the prices to $125 during the bidding, they were then given an opportunity to withdraw their bids once my actions were explained. They kept the parcels, presumably because they knew they were still a good deal at $125. The oil companies knew they were getting a steal from the American people, and now they’re crying because they had to pay a little closer to what those parcels were actually worth. The government claims I should be held accountable for the steal the oil companies didn’t get. The government’s report demands $600,000 worth of financial impacts for the amount which the oil industry wasn’t able to steal from the public.

That extra revenue for the public became almost irrelevant, though, once most of those parcels were revoked by Secretary Salazar. Most of the parcels I won were later deemed inappropriate for drilling. In other words, the highest and best value to the public for those particular lands was not for oil and gas drilling. Had the auction gone off without a hitch, it would have been a loss for the public. The fact that the auction was delayed, extra attention was brought to the process, and the parcels were ultimately revoked was a good thing for the public.

More generally, the question of whether civil disobedience is good for the public is a matter of perspective. Civil disobedience is inherently an attempt at change. Those in power, whom Mr Huber represents, are those for whom the status quo is working, so they always see civil disobedience as a bad thing. The decision you are making today, your honor, is what segment of the public you are meant to protect. Mr Huber clearly has cast his lot with that segment who wishes to preserve the status quo. But the majority of the public is exploited by the status quo far more than they are benefited by it. The young are the most obvious group who is exploited and condemned to an ugly future by letting the fossil fuel industry call the shots. There is an overwhelming amount of scientific research, some of which you received as part of our proffer on the necessity defense, that reveals the catastrophic consequences which the young will have to deal with over the coming decades.

But just as real is the exploitation of the communities where fossil fuels are extracted. As a native of West Virginia, I have seen from a young age that the exploitation of fossil fuels has always gone hand in hand with the exploitation of local people. In West Virginia, we’ve been extracting coal longer than anyone else. And after 150 years of making other people rich, West Virginia is almost dead last among the states in per capita income, education rates and life expectancy. And it’s not an anomaly. The areas with the richest fossil fuel resources, whether coal in West Virginia and Kentucky, or oil in Louisiana and Mississippi, are the areas with the lowest standards of living. In part, this is a necessity of the industry. The only way to convince someone to blow up their backyard or poison their water is to make sure they are so desperate that they have no other option. But it is also the nature of the economic model. Since fossil fuels are a limited resources, whoever controls access to that resource in the beginning gets to set all the terms. They set the terms for their workers, for the local communities, and apparently even for the regulatory agencies. A renewable energy economy is a threat to that model. Since no one can control access to the sun or the wind, the wealth is more likely to flow to whoever does the work of harnessing that energy, and therefore to create a more distributed economic system, which leads to a more distributed political system. It threatens the profits of the handful of corporations for whom the current system works, but our question is which segment of the public are you tasked with protecting. I am here today because I have chosen to protect the people locked out of the system over the profits of the corporations running the system. I say this not because I want your mercy, but because I want you to join me.

After this difference of political philosophies, the rest of the sentencing debate has been based on the financial loss from my actions. The government has suggested a variety of numbers loosely associated with my actions, but as of yet has yet to establish any causality between my actions and any of those figures. The most commonly discussed figure is perhaps the most easily debunked. This is the figure of roughly $140,000, which is the amount the BLM originally spent to hold the December 2008 auction. By definition, this number is the amount of money the BLM spent before I ever got involved. The relevant question is what the BLM spent because of my actions, but apparently that question has yet to be asked. The only logic that relates the $140,000 figure to my actions is if I caused the entire auction to be null and void and the BLM had to start from scratch to redo the entire auction. But that of course is not the case. First is the prosecution’s on-again-off-again argument that I didn’t have any impact on the auction being overturned. More importantly, the BLM never did redo the auction because it was decided that many of those parcels should never have been auctioned in the first place. Rather than this arbitrary figure of $140,000, it would have been easy to ask the BLM how much money they spent or will spend on redoing the auction. But the government never asked this question, probably because they knew they wouldn’t like the answer.

The other number suggested in the government’s memorandum is the $166,000 that was the total price of the three parcels I won which were not invalidated. Strangely, the government wants me to pay for these parcels, but has never offered to actually give them to me. When I offered the BLM the money a couple weeks after the auction, they refused to take it. Aside from that history, this figure is still not a valid financial loss from my actions. When we wrote there was no loss from my actions, we actually meant that rather literally. Those three parcels were not evaporated or blasted into space because of my actions, not was the oil underneath them sucked dry by my bid card. They’re still there, and in fact the BLM has already issued public notice of their intent to re-auction those parcels in February of 2012.

The final figure suggested as a financial loss is the $600,000 that the oil company wasn’t able to steal from the public. That completely unsubstantiated number is supposedly the extra amount the BLM received because of my actions. This is when things get tricky. The government’s report takes that $600,000 positive for the BLM and adds it to that roughly $300,000 negative for the BLM, and comes up with a $900,000 negative. With math like that, it’s obvious that Mr Huber works for the federal government.

After most of those figures were disputed in the presentence report, the government claimed in their most recent objection that I should be punished according to the intended financial impact that I intended to cause. The government tries to assume my intentions and then claims, “This is consistent with the testimony that Mr. DeChristopher provided at trial, admitting that his intention was to cause financial harm to others with whom he disagreed.” Now I didn’t get to say a whole lot at the trial, so it was pretty easy to look back through the transcripts. The statement claimed by the government never happened. There was nothing even close enough to make their statement a paraphrase or artistic license. This statement in the government’s objection is a complete fiction. Mr Huber’s inability to judge my intent is revealed in this case by the degree to which he underestimates my ambition. The truth is that my intention, then as now, was to expose, embarrass and hold accountable the oil industry to the extent that it cuts into the $100 billion in annual profits that it makes through exploitation. I actually intended for my actions to play a role in the wide variety of actions that steer the country toward a clean energy economy where those $100 billion in oil profits are completely eliminated. When I read Mr Huber’s new logic, I was terrified to consider that my slightly unrealistic intention to have a $100 billion impact will fetch me several consecutive life sentences. Luckily this reasoning is as unrealistic as it is silly.

A more serious look at my intentions is found in Mr Huber’s attempt to find contradictions in my statements. Mr Huber points out that in public I acted proud of my actions and treated it like a success, while in our sentencing memorandum we claimed that my actions led to “no loss.” On the one hand I think it was a success, and yet I claim it there was no loss. Success, but no loss. Mr Huber presents these ideas as mutually contradictory and obvious proof that I was either dishonest or backing down from my convictions. But for success to be contradictory to no loss, there has to be another assumption. One has to assume that my intent was to cause a loss. But the only loss that I intended to cause was the loss of secrecy by which the government gave away public property for private profit. As I actually stated in the trial, my intent was to shine a light on a corrupt process and get the government to take a second look at how this auction was conducted. The success of that intent is not dependent on any loss. I knew that if I was completely off base, and the government took that second look and decided that nothing was wrong with that auction, the cost of my action would be another day’s salary for the auctioneer and some minor costs of re-auctioning the parcels. But if I was right about the irregularities of the auction, I knew that allowing the auction to proceed would mean the permanent loss of lands better suited for other purposes and the permanent loss of a safe climate. The intent was to prevent loss, but again that is a matter of perspective.

Mr Huber wants you to weigh the loss for the corporations that expected to get public property for pennies on the dollar, but I believe the important factor is the loss to the public which I helped prevent. Again, we come back to this philosophical difference. From any perspective, this is a case about the right of citizens to challenge the government. The US Attorney’s office makes clear that their interest is not only to punish me for doing so, but to discourage others from challenging the government, even when the government is acting inappropriately. Their memorandum states, “To be sure, a federal prison term here will deter others from entering a path of criminal behavior.” The certainty of this statement not only ignores the history of political prisoners, it ignores the severity of the present situation. Those who are inspired to follow my actions are those who understand that we are on a path toward catastrophic consequences of climate change. They know their future, and the future of their loved ones, is on the line. And they know were are running out of time to turn things around. The closer we get to that point where it’s too late, the less people have to lose by fighting back. The power of the Justice Department is based on its ability to take things away from people. The more that people feel that they have nothing to lose, the more that power begins to shrivel. The people who are committed to fighting for a livable future will not be discouraged or intimidated by anything that happens here today. And neither will I. I will continue to confront the system that threatens our future. Given the destruction of our democratic institutions that once gave citizens access to power, my future will likely involve civil disobedience. Nothing that happens here today will change that. I don’t mean that in any sort of disrespectful way at all, but you don’t have that authority. You have authority over my life, but not my principles. Those are mine alone.

I’m not saying any of this to ask you for mercy, but to ask you to join me. If you side with Mr Huber and believe that your role is to discourage citizens from holding their government accountable, then you should follow his recommendations and lock me away. I certainly don’t want that. I have no desire to go to prison, and any assertion that I want to be even a temporary martyr is false. I want you to join me in standing up for the right and responsibility of citizens to challenge their government. I want you to join me in valuing this country’s rich history of nonviolent civil disobedience. If you share those values but think my tactics are mistaken, you have the power to redirect them. You can sentence me to a wide range of community service efforts that would point my commitment to a healthy and just world down a different path. You can have me work with troubled teens, as I spent most of my career doing. You can have me help disadvantaged communities or even just pull weeds for the BLM. You can steer that commitment if you agree with it, but you can’t kill it. This is not going away. At this point of unimaginable threats on the horizon, this is what hope looks like. In these times of a morally bankrupt government that has sold out its principles, this is what patriotism looks like. With countless lives on the line, this is what love looks like, and it will only grow. The choice you are making today is what side are you on.
Tim DeChristopher

Tim DeChristopher is a climate activist and board member for the climate justice organization Peaceful Uprising.

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