Introduction

In an article posted on the Socialist Project’s website (https://socialistproject.ca/2021/12/swords-into-ploughshares/), Simon Black speaks to Sam Gindin, a social democrat or social reformer here in Toronto, Ontario, Canada and author, along with the late Leo Panitch, of the book (2013) The Making of Global Capitalism: The Political Economy of American Empire. 

Mr. Black states the following: 

SB: Canadian arms exports to Saudi Arabia have been opposed by a range of civil society organizations, from Amnesty International to Oxfam. Collectively these organizations have also called for the federal government to work with trade unions representing workers in the arms industry to develop a plan that secures the livelihoods of those who would be impacted by the end of arms exports to Saudi Arabia. And in Labour Against the Arms Trade’s work with these organizations, we’ve always stressed the importance of centring this demand. Why is it important that mainstream, liberal human rights and humanitarian organizations are calling for a just transition for arms industry workers?

Mr. Gindin’s response? 

Progressive organizations like Oxfam and Amnesty [my emphasis] are right to see that this [challenge to profit priorities] is a challenge to capitalist power and capitalism itself and so can be a barrier to convincing people, particularly workers and communities where these arms are manufactured, like the LAVs in London, Ontario. But it’s the only honest – and possible – way forward. The message is not just that there are potential alternatives, but also that they could be introduced only if we could build the kind of social force that’s necessary to [implement them]. Sometimes people want to obscure the fact that our demands are radical, because they feel like [this reality will make it] harder to mobilize. [But] unless we can respect workers enough to address the reality and win them over, we’re left with a progressive demand that is in essence an abstract slogan.

I have already addressed the issue of whether Oxfam is a “progressive organization” in a previous post (Is Oxfam a “Progressive Organization?”–An Abstract Slogan (Rhetoric) of Social Democrats).

This concept of “progressive organizations”–without qualifications or analysis–sounds very much like “an abstract slogan.” Calling such organizations progressive without further ado fails to address the possible limitations of such organizations. It also sounds very much like the use of the term “radical” used by Mr. Gindin’s fellow social democrat, Herman Rosenfeld, who has used the term “radical” in a merely social-reformist or social-democratic sense (see my series of posts on the topic, such as What’s Left, Toronto? Part Two). 

Whether an organization is progressive or not should depend on not only what it fights against but also what it implicitly or explicitly accepts as legitimate. In the case of Amnesty International, as I will show below, it implicitly accepts as legitimate the power of employers to exploit and oppress workers. It does not say this, of course, but what it focuses on, what it does not criticize and some of its recommendations imply that existence of employers is legitimate.

In this post, I will provide a general critique of organizations dedicated specifically to human rights and then move to a critique of Amnesty International’s general position. In a subsequent post in this series, I will delve in more detail into AI’s position in relation to the world of work in the context of a society dominated by a class of employers. I will also look, briefly, at its shortcomings when it comes to the capitalist state in general and to police in particular.

General Considerations

The use of the term “progressive organizations” usually has a ring of truth about it among the left. Such organizations undoubtedly do some good. However, there are many social organizations that do some good sometimes, but at the same time harm workers, citizens, immigrants and migrant workers. Government agencies, such as the Winnipeg Child and Family Services, undoubtedly protect some children from abuse–but they themselves also harm other children in various ways (see for example  A Personal Example of the Oppressive Nature of  Public Welfare Services  or  A Worker’s Resistance to the Capitalist Government or State and Its Representatives, Part Seven: Complaint Against the Winnipeg Child and Family Services with the Manitoba Ombudsman). 

Doing some good is thus insufficient for determining whether an organization is “progressive.” Or is it that Oxfam and Amnesty International are non-governmental organizations (NGOs) and that, as NGOs, they necessarily perform progressive functions? Such a view is, of course, dangerous. 

Consider, for example, a photo connected to the International Labour Organization and UNICEF (and indirectly to OXFAM). The photo–dishonestly–depicts a young girl apparently working as a shoe shiner in order to “sell” opposition to child labour. However, such a photo presents a very unlikely scenario since, firstly, shoeshining is predominantly a male occupation (including boys) and, secondly, the age of the girl would make it highly unlikely that such a person would ever engage in shoeshining in order to try to survive–her hands would be too small and weak to even engage in shoeshining. I quote Thomas  Offit (2008), Conquistadores de la Calle: Child street labor in Guatemala City, pages 19-22: 

Pictures also have served as a means of confusing if not outright misrepresenting the lives of child street laborers. Of course, the camera can lie, and photographers may not be aware of the uses that their employers will dedicate their pictures to, but the image presented in Figure 1.1 stands out in my mind as a photograph that communicates a great deal, little of which has to do with the lived reality of its subject. While I doubt that the authors of the books that utilize the photo intended to misrepresent their subjects, and likely believed that the photo provided visual representation for their well-meaning objectives, by misrepresenting the truth, the photo robs children of their agency as individuals performing meaningful valuable labor.

Figure 1.1 shows a picture from the book Combating Child Labour, an edited volume published in 1988 by the International Labour Organization that details the plight of child laborers in different industries in countries throughout the developing world (Bequele and Boyden 1988). Th e picture is presented with a caption that states “Child working at a street shoe-shining stand in Ecuador,” and also credits the photographer and the organization that provided the photo. Despite the ambiguity of the caption (is the child the shoeshiner and therefore the child laborer, or is she merely working there performing some other task?), the image presented does not equivocate. Of the six chapters in the book that discuss specific types of child labor in specific countries, neither Ecuador nor street labor is specifically addressed, yet the photo appears in the book as a means of accompanying the text. It is an excellent and provocative photo, showing a very young girl with a shock of hair and large eyes looking meekly up at the camera while supporting herself by grabbing onto the shoeshine bench, shoe polish at her side. On the edge of a frame is a cropped image of an unidentified seated adult, presumably a customer. One image and a few words convey to the reader the grave injustice of child labor. I was so struck by the photo when I first saw it that I posted it on the wall of my office as a means of inspiration during the grant-writing stage of my research.This photo was also reprinted in the book Child Labor by ex-UNICEF and Oxfam Education specialist Alec Fyfe (1989). Th e caption in this book reads only “Girl shoe-shining, Ecuador” and credits UNICEF as the source. Th e ambiguity concerning what job the girl is performing is resolved, and as shoeshiners are directly compensated for their labor by their customers, we know that the girl is a child laborer and not a child worker merely helping out a family member. In this photo, only the child and the shoeshine bench are visible; the older adult has been edited out of the picture.

Based on my experience, both versions of this photo are misleading, and the second borders on deliberate misrepresentation. In my two years of research in Guatemala, I never saw a girl or a woman shining shoes on the street. While this may be more common in Ecuador, it is rarely reported in the literature on the topic, and I believe it to be anomalous, as shoeshining in Latin America is a male-dominated street occupation. Second, it is also rare that a child as young as the girl pictured, regardless of sex, would be engaged in this task, as it demands a good deal of strength and dexterity that a child of her age would not be likely to possess. If a child her age were to be engaged in child labor, she would be far more likely to be selling newspapers near a family member or engaged in a less physically demanding task. Third, as anyone who has seen a street shoeshiner is likely to observe, the hands and forearms of anyone performing this job, child or adult, are covered with shoe polish even after one or two shines, and the girl in the photo shows no evidence of having shined shoes that day. She looks quite clean, especially considering the grime that surrounds her. Finally, as anyone who knows the intricacies of shoeshining can attest, the purported shoeshine girl is sitting on the customer’s side of the shoeshine bench! Th e sloping footrest that she holds is meant to be facing the shiner so that the toe of the customer is elevated to allow for easier access to the shoe. Based on this photo, it is far more likely that the adult whose image is cropped in the first photo and deliberately eliminated in the second is the shoeshiner, and the young girl, though sitting near him, is either a child street worker engaged in some other task, or simply a child accompanying an adult to work. Th is photo, reprinted here in its first version and many more times in similar volumes as a definitive image of the injustice of child labor, does not picture a child laborer!

Oxfam, the ILO and UNICEF undoubtedly do some good–but we should not assume that this is sufficient for labeling them “progressive organizations.”  Doing good can easily be coupled with doing harm. NGOs should hardly be exempt from criticism. 

A General Look at the Beginnings of the Human Rights Movement

It is interesting how Gindin, a professed socialist and Marxist, neglects to mention how a grassroots  movement for human rights really emerged only in the late 1960s and early 1970s–by stripping such movements of concern for social and economic rights. From Samuel Moyn (2018), Not Enough: Human Rights in an Unequal World, pages 121-122: 

THE HUMAN RIGHTS revolution occurred almost ex nihilo in the 1970s. There had been talk and even treaty making in the United Nations since the 1940s, but it testified more to states colluding to protect one another. No serious move had ever been made to fulfill the organization’s promise in its charter to institutionalize not simply peace but justice too. The lone exception of the increasingly outcast state of South Africa aside, human rights rhetoric at the governmental level had remained stillborn, and no state had a visible human rights policy. That changed in a series of stages, above all as new social movements of the 1960s were winnowed down and those movements defined in terms of human rights burst into consciousness across the next decade. Amnesty International, the first high-profile human rights non-governmental organization in history, won the Nobel Peace Prize in 1977, the same year that the American president Jimmy Carter committed his country to a new human rights policy, in part to cleanse the stain of Vietnam from the national image.

Easily the most extraordinary fact about this human rights revolution, from the perspective of ideals about how to distribute the good things in life, is that, with some key exceptions, it unceremoniously purged attention to economic and social rights, to say nothing of a fuller-fledged commitment to distributive equality. It was a striking contrast to the spirit of social rights in the era of national welfare, when they were not only integral to human rights overall but linked to egalitarian idealism and outcomes at the national scale. Now, as if the promise of the Universal Declaration of Human Rights (1948) had never been about national welfare, it was remembered as a charter meant to save the individual from the state’s depredations of civil liberties rather than to empower the state to make individual flourishing and equality a reality.

Moyn certainly neglects increasing concerns for human rights before the 1970s, as Sarita Cargas (2016) argues, in “Questioning Samuel Moyn’s Revisionist History of Human Rights,” Human Rights Quarterly, Volume 38, Number 2, , page 425: 

This conclusion [that human rights was in public discourse] is finally supported by a review of how many articles in the New York Times referred to human rights. In 1930, sixty articles used the phrase, in 1940, eighty-one articles. But by 1948, 571 articles include it. In 1950, 495 articles use it but only 260 in 1955. But by 1968, the number of articles referring to human rights jumps to 625. This data means, on average, the reader of the New York Times would have read about human rights in one to three articles every single day from the late 1940s onward. This does not negate Moyn’s statement that “In 1977 the New York Times featured the phrase ‘human rights’ five times more frequently than in any prior year,”80 but it does disprove the assertion that no one had heard the phrase before Carter’s inaugural speech.

However, Sarita herself neglects the increasing grassroots nature of the movement for human rights. Furthermore, since she shows little concern for the issue of capitalism versus socialism (an issue which an academic leftist, Jeff Noonan, considers to be a dead-end–see The Poverty of Academic Leftism, Part Nine: The Nature of Capitalism) she neglects how both Amnesty International and its close cousin, Human Rights Watch, emerged as substitutes for a socialist movement. From Moyn (2018), pages 122-123: 

… especially in the global north, Cold War assumptions had long since damaged the 1940s communion of civil and political with economic and social rights, through the sheer force of insistence and repetition. And then, the new visibility of human rights ideals occurred as activists, disillusioned about the failures of socialism, the violence socialist politics sparked, or both—including in socialism’s postcolonial forms—embraced their roles, conceiving of “human rights” as a morally pure form of activism that would not require the exaggerated hopes or depressing compromises of past utopias.

Graphic evidence of the turn away from socialism and the skepticism toward social rights comes from Peter Benenson and Aryeh Neier, the respective founders of the first prominent global non-governmental organization and of the major American one concerned with human rights across the period. Despite having stood as a candidate for the Labour Party several times in his earlier life, when Benenson founded Amnesty International in the 1960s, he explicitly understood it as an alternative to socialism and set in motion a pattern that led the group to confine its attention to a narrow focus on political imprisonment. It added torture to its bailiwick in the 1970s. and the death penalty in the 1980s, shifting to poverty only after the millennium. “Look on the Socialist Parties the world over, ye mighty, and despair,” Benenson explained to a correspondent in justification of his emphases. Part of the reason for his depression was his own serial losses in election campaigns, but he also admitted, in the Christian idiom that frequently crept into his work, that “the quest for an outward and visible Kingdom is mistaken.” For the founder, human rights activism was much more about saving the activist’s soul, rather than building social justice. 

American Aryeh Neier founded Human Rights Watch in the 1970s with an exclusionary attention to political violations in left-and right-wing regimes. Despite his early political awakening, thanks to the six-time socialist presidential candidate Norman Thomas, and his past as the president of the labor-affiliated Student League for Industrial Democracy (which later became Students for a Democratic Society), Neier nonetheless chose a class-free civil libertarianism as his definitive mode of politics. Given that the American Civil Liberties Union, over which he presided before co-founding Human Rights Watch, had ascended to prominence by departing from the class politics that originally birthed it, Neier’s Cold War stewardship of liberties and rights confined his attention to basics like free speech and a free press. Human Rights Watch functioned primarily to transfer such single-minded civil libertarianism abroad, with funding from foundation grants that singled out state repression rather than pursuing a more contentious social justice. Through the end of his career in the organization, Neier fought bitterly with anyone who tried to make room for distributive justice, including as a matter of social rights, tirelessly invoking the Cold War liberal Isaiah Berlin’s distinction between negative liberty and positive self-realization in his defense.

Human rights as an international grassroots movement emerged in the late 1960s and 1970s, and it arose and flourished shortly before neoliberalism arose. This is no coincidence. This does not mean that they are the same, but they are both hegemonic projects that inhibit a movement towards the abolition of a society characterized by the class power of employers and therefore the emergence of a socialist way of living. 

Human rights as usually presented via AI not only substitute the pursuit of human rights at the expense of the struggle for the elimination of the class power of employers and the associated economic, political and social forms of exploitation and oppression–that is to say, as a substitute for the struggle for socialism. Human rights organizations, despite their own sometimes detailed efforts to substantiate what they consider to be human rights abuses, often simply neglect to contextualize such abuses in the wider context of the class power of employers. 

From Christoph Henning 2005), Philosophy After Marx: 100 years of misreadings and the normative turn in political philosophy, pages 8-9: 

Marx has largely disappeared from the stage of philosophy since 1989: he has been
declared definitively dead by his critics. His place has been taken, within the sociophilosophical literature published in Germany since the 1990s, by the rise of normative principles. Discussions turned on whether the newly unified country required a new constitution, on how to conceptualise the hierarchy of norms within the ‘postnational constellation’ formed by the new nation state and the new Europe, on how human rights and ‘justice’ might be grounded philosophically, and such like. As rewarding as such normative reflections are, they cannot replace inquiries into the material base. When a normativistically restricted point of view takes the place of the former social theory,
super-normativism results.

Human rights organizations and individuals often justify their activities and views on the basis of an abstract respect for being human without linking this up with the general exploitative and oppressive structure of the capitalist economy and the capitalist state.  Indeed, human rights organizations display a decided lack of analysis of the socially determined material conditions of the production of human life characteristic of class society. In particular, advocates of human rights can consistently oppose violations of human rights and the continued existence of the exploitation and oppression of workers on a daily basis. From Samuel Moyn (2014), “A Powerless Companion: Human Rights in the Age of Neoliberalism,” in pages 147-169, Law and Contemporary Problems, Volume 77, page 149: 

although the record of capitalism in our time is highly mixed when it comes to the achievement and violation of basic human rights, its most serious victim is equality (of resources and opportunities alike) both in national and global settings—a value that the Universal Declaration of Human Rights of 1948 and the international human rights movements following in its wake do not even set out to defend.

It must be said that it is debatable whether “its most serious victim is equality;” its most serious victim may well be freedom. That issue, however, will not be addressed here. 

It could be said, of course, that the human rights movement has provided some welcome gains in the area of protection from state oppression, such as the illegal detention of citizens, immigrants and migrants for political reasons–political prisoners. 

Let us look at Amnesty International (AI) and perhaps, in another post, another human rights institution called Human Rights Watch (HRW) in relation to two issues: the right to choose work freely and the supposed need for the police to secure our lives. The first issue will be addressed in this post and the second issue in a subsequent post. 

Amnesty International Does Not Contextualize Human Abuses

Naomi Klein, author of, among other works, The Shock Doctrine: The Rise of Disaster Capitalism (2008), has a comment included on the cover of Jim Stanford’s book Economics for Everyone: :

Stanford is that rare breed: the teacher who changed your life. He has written a book–both pragmatic and idealistic–with the power to change the world.

Given the inadequate nature of Mr. Stanford’s economics for a characterization of the kind of capitalist society in which we live (see for example Economics for Social Democrats–but Not for the Working Class, Part Two: Critique of the Social Democrat Jim Stanford’s Theory of Money, Part One), Ms. Klein’s comment indicates a lack of a critical attitude in that area. Nonetheless, she does display a more critical attitude towards Amnesty International than does Mr. Gindin. Ms. Klein has expressed the inadequate nature of Amnesty International in that AI does not enable people to grasp the social context within which human rights abuses occur. 

Klein has the following to say about AI from her book, pages 119-120: 

The narrow scope is most problematic in Amnesty International’s 1976 report on Argentina, a breakthrough account of the junta’s atrocities and worthy of its Nobel Prize. Yet for all its thoroughness, the report sheds no light on why the abuses were occurring. It asks the question “to what extent are the violations explicable or necessary” to establish “security”—which was the junta’s official rationale for the “dirty war.”14 After the evidence was examined, the report concludes that the threat posed by left-wing guerrillas was in no way commensurate with the level of repression used by the state.

But was there some other goal that made the violence “explicable or necessary”? Amnesty made no mention of it. In fact, in its ninety-two-page report, it made no mention that the junta was in the process of remaking the country along radically capitalist lines. It offered no comment on the deepening poverty or the dramatic reversal of programs to redistribute wealth, though these were the policy centerpieces of junta rule. It carefully lists all the junta laws and decrees that violated civil liberties but named none of the economic decrees that lowered wages and increased prices, thereby violating the right to food and shelter—also enshrined in the UN charter. If the junta’s revolutionary economic project had been even superficially examined, it would have been clear why such extraordinary repression was necessary, just as it would have explained why so many of Amnesty’s prisoners of conscience were peaceful trade unionists and social workers.

In another major omission, Amnesty presented the conflict as one restricted to the local military and the left-wing extremists. No other players are mentioned —not the U.S. government or the CIA; not local landowners; not multinational corporations. Without an examination of the larger plan to impose “pure” capitalism on Latin America, and the powerful interests behind that project, the acts of sadism documented in the report made no sense at all —they were just random, free-floating bad events, drifting in the political ether, to be condemned by all people of conscience but impossible to understand.

This suppression of social context is characteristic of the social-democratic or social-reformist left in general. This suppression assumed an internal form–self-suppression of criticisms of government and the class of employers because of internal repression (and such self-repression is understandable), but it is no excuse for suppressing it internationally. From pages 120-121: 

Every facet of the human rights movement was functioning under highly restricted circumstances, though for different reasons. Inside the affected countries, the first people to call attention to the terror were friends and relatives of the victims, but there were severe limits on what they could say. They didn’t talk about the political or economic agendas behind the disappearances because to do so was to risk being disappeared themselves. The most famous human rights activists to emerge under these dangerous circumstances were the Mothers of the Plaza de Mayo, known in Argentina as the Madres. At their weekly demonstrations outside the house of government in Buenos Aires, the Madres did not dare hold up protest signs —instead they clasped photographs of their missing children with the caption “Donde estan?” Where are they? In the place of chants, they circled silently, wearing white headscarves embroidered with their children’s names. Many of the Madres had strong political beliefs, but they were careful to present themselves as nothing more threatening to the regime than grieving mothers, desperate to know where their innocent children had been taken.*

* After the end of dictatorship, the Madres became some of the fiercest critics of the new
economic order in Argentina, as they still are today.

In Chile, the largest of the human rights groups was the Peace Committee, formed by opposition politicians, lawyers and Church leaders. These were lifelong political activists who knew that the attempt to stop torture and to free political prisoners was only one front in a much broader battle over who would have control of Chile’s wealth. But in order to avoid becoming the regime’s next victims, they dropped their usual old-left denunciations of the bourgeoisie and learned the new language of “universal human rights.” Scrubbed clean of references to the rich and the poor, the weak and strong, the North and the South, this way of explaining the world, so popular in North America and Europe, simply asserted that everyone has the right to a fair trial and to be free from cruel, inhuman and degrading treatment. It didn’t ask why, it just asserted that In the mixture of legalese and human interest that characterizes the human rights lexicon, they learned that their imprisoned companeros were actually prisoners of conscience whose right to freedom of thought and speech, protected under articles 18 and 19 of the Universal Declaration of Human Rights, had been violated.

For those living under dictatorship, the new language was essentially a code; just as musicians hid the political messages in their lyrics in sly metaphors, they were disguising their leftism in legalese—a way of engaging in politics without mentioning politics.*

*Note: Even with these precautions, human rights activists were not safe from the terror. Chile’s jails were filled with human rights lawyers, and in Argentina the junta sent one of its top torturers to infiltrate the Madres, posing as a grieving relative. In December 1977, the group was raided; twelve mothers were permanently disappeared, including the leader of the Madres, Azucena de Vicenti, along with two French nuns.

When I first went to Guatemala in 1980, it became evident that public discussion of anything political was dangerous. For example, when I started to discuss the political situation in Guatemala, one man in the plaza (town square) in Quetzaltenango (the second largest city in Guatemala) indicated that he would not discuss such things “here.”  

Yes, AI may do some good–but simultaneously, by excluding the social context, it does harm. 

If AI decontextualizes social events, how is that a progressive organization? Mr. Gindin claims that we do not need abstract slogans, and yet when referring to AI as a “progressive organization” he himself is engaged in producing an abstract slogan. 

Corporate Accountability

From Amnesty International’s website (most of the bold are my emphases, on which I will comment after the quote): 

OVERVIEW

Globalization has changed the world we live in. It presents new and complex challenges for the protection of human rights.

Economic players, especially multinational companies that operate across national borders, have gained unprecedented power and influence across the world.

Companies have an enormous impact on people’s lives and the communities in which they operate. Sometimes the impact is positive – jobs are created, new technology improves lives and investment in the community translates into real benefits for those who live there.

But Amnesty has exposed countless instances when corporations exploit weak and poorly enforced domestic regulation with devastating effect on people and communities.

There are few effective mechanisms at national or international level to prevent corporate human rights abuses or to hold companies to account. Amnesty is working to change this.

In Bodo Creek in Ogoniland, Nigeria, two oil spills (August/December 2008) destroyed thousands of livelihoods. Oil poured from faults in the Trans-Niger Pipeline for weeks, covering the area in a thick slick of oil. Amnesty and our partner, the Centre for Environment, Human Rights and Development, worked with the community to get the oil company responsible – Shell – to clean up its mess and pay proper compensation. Finally in December 2014, the Bodo community won a long-awaited victory when Shell paid out an unprecedented £55million in compensation after legal action in the UK.

“We are thankful to all that have contributed in one way or another to the conclusion of this case such as the various NGOs, especially Amnesty International, who have come to our aid.” said Chief Sylvester Kogbara, Chairman of the Bodo Council of Chiefs and Elders.

Children outside the former Union Carbide facility in Bhopal, India. 1 December 2012. © Giles Clarke/Getty Images Reportage

THE PROBLEM

States have a responsibility to protect human rights. However, many are failing to do this, especially when it comes to company operations – whether because of lack of capacity, dependence on the company as an investor or outright corruption.

Injustice incorporated

Companies operating across borders are often involved in severe abuses, such as forced labour or forcibly relocating communities from their lands.

Unsurprisingly, abuses are particularly stark in the extractive sector, with companies racing against each other to mine scarce and valuable resources. Traditional livelihoods are destroyed as land is contaminated and water supplies polluted such as in Ogoniland, Nigeria. The impact can be particularly severe for Indigenous Peoples because their way of life and their identity is often closely related to their land.

Affected communities are frequently denied access to information about the impact of company operations. Meaning they are excluded from participating in decisions that affect their lives.

Although it is now widely accepted that corporations have a responsibility to respect human rights, too many times profits are built on the back of human rights abuses. Despite laws in many countries that allow companies to be prosecuted, governments rarely even investigate corporate wrongdoing.

When communities’ attempt to get justice they are thwarted by ineffective legal systems, a lack of access to information, corruption and powerful state-corporate alliances. Worryingly, when the poor cannot secure justice, companies learn that they can exploit poverty without consequences.

WHAT AMNESTY IS CALLING FOR

• Prevention: all companies should be required by law to take steps to identify, prevent and address human rights abuses (known as due diligence).
• Accountability: companies must be held to account for abuses they commit.
• Remedy: people whose rights have been abused by companies must be able to access justice and effective remedy.
• Protect rights beyond borders: companies operate across borders, so the law must also operate across borders to protect people’s rights.

Average payment of $1,000 a person – for killing and poisoning the Bhopal community. What an insult. Get Union Carbide back in court. #Whereartdhow

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THE ISSUE IN DETAIL

The accountability gap

Companies have lobbied governments to create international investment, trade and tax laws that protect corporate interests. But the same companies frequently argue against any development in international law and standards to protect human rights in the context of business operations.

Companies are taking advantage of weak regulatory systems, especially in developing countries, and it is often the poorest people who are most at risk of exploitation. Governments are obliged to protect people from human rights abuses, this includes abuses committed by companies. All companies must be regulated to prevent the pursuit of profit at the expense of human rights.

Bhopal’s 30 year fight for justice

It was once known as the City of Lakes. But Bhopal has since gone down in history as the site of one of the world’s worst industrial disasters.

In 1984, a toxic gas leak in the central Indian city left more than 20,000 people dead and poisoned more than half a million. Thirty years later, that tragedy has turned into a human rights horror, with survivors and activists leading a relentless fight for justice.

The players in this battle have taken on mythical overtones — David and Goliath come to mind. On the one side are thousands of people who somehow survived the gas leak and are searching for truth, justice and compensation; on the other, the multinational corporations Union Carbide and Dow, along with the US and Indian governments who have effectively protected them.

The story of what happened in Bhopal, and the struggle that has endured for three decades, is best told by the people closest to it: the survivors and their supporters.

“Sometimes the impact is positive – jobs are created, new technology improves lives and investment in the community translates into real benefits for those who live there.”

Given the economic dependence–economic coercion, really–of workers on employers for access to the use of the means by which they live (machines (including computers), buildings, raw material and auxiliary material), workers for the most part prefer to be employed (used and abused) rather than remaining unemployed. In this sense, investment by employers that lead to the creation of jobs (demand for workers) is positive. However, nowhere does Amnesty International imply that the resulting oppression and exploitation of workers on a regular basis is against human rights. The creation of jobs as “positive” necessarily goes hand in hand with the oppression and exploitation of workers in the context of the class power of employers (see The Money Circuit of Capital). In other words, Amnesty International in essence is an organization that criticizes companies and governments that deviate from some idealized capitalist economy and government. The ideal company would not employ (oppress and exploit) children (only adults).

At best, AI criticizes the need to work for particular employers who violate its definition of human rights rather than the need to work  for an employer. AI fails, in other words, to criticize the lack of right of workers and the community to have the right of access to use, collectively, the means necessary to produce (and reproduce) their own lives (for more on economic coercion, see the brief post Basic Income: A Critique of the Ontario Coalition Against Poverty’s Stance ; see also the two posts on the issue of whether workers work for a particular employer or for the class of employers Do Workers Work for a Particular Employer or for the Class of Employers? Part One: A Limitation of Some Radical Left Critiques of Capitalist Relations of Production and Exchange (A.K.A. Capitalism) and Do Workers Work for a Particular Employer or for the Class of Employers? Part Two: Critique of Unions and the Social-Reformist or Social-Democratic Left). 

As it stands, AI does not intend to challenge the power of employers to coerce economically workers on a daily basis to work for them. This view is expressed in various ways in the above “Overview” quote: 

But Amnesty has exposed countless instances when corporations exploit weak and poorly enforced domestic regulation with devastating effect on people and communities.

Countless? If corporations continue to exist, they must exploit workers–whether unionized or not. This is how the system works. Workers, whether unionized or not, depend economically on employers, and they are oppressed and exploited by them (often to the detriment of their own health and welfare–and despite health and safety laws). (for examples of the calculation of the rate of exploitaiton, see among others The Rate of Exploitation of Workers at Magna International Inc., One of the Largest Private Employers in Toronto, Part One). 

AI, by referring to “weak and poorly enforced domestic regulation” imply that what is required is “strong and adequately enforced domestic regulation.” Of course, “strong and enforced domestic regulation” of working conditions is generally better than “weak and poorly enforced domestic regulation”–but the assumption is that such strong and enforced domestic regulation is–adequate. AI is, in effect, arguing for a refurbished welfare state that provides regulatory conditions for the operation of companies; it obviously does not seek to challenge the idea that working for any employer or corporation or company is legitimate or justified. 

There is further evidence of this attitude: 

Although it is now widely accepted that corporations have a responsibility to respect human rights, too many times profits are built on the back of human rights abuses.

Are not profits built always through the exploitation of workers? How does Mr. Gindin explain the origin of profit if not from the exploitation of workers? If profits require human exploitation and oppression, and AI in effect is claiming that some profits are legitimate, then is not AI indirectly justifying the continued exploitation and oppression of billions of workers worldwide? 

As I pointed out above, AI normalizes daily exploitation and oppression of workers only in order to highlight deviations from this normal situation as “human rights abuses.” Exploiting and oppressing workers normally is, therefore, not a human rights issue for AI. 

Again: 

All companies must be regulated to prevent the pursuit of profit at the expense of human rights.

If all profit is derived from the exploitation and oppression of workers, then AI, if it were consistent, would call for the abolition of corporations and the establishment of a socialist society, where workers would control their own living conditions. Rather than advocating such a society, all AI does–like social democrats and social reformers–the “left” these days–is advocate “regulation.” The AI is a social-democratic organization. 

By calling AI a “progressive organization,” then Mr. Gindin is calling for a social-democratic world order–even if he is unaware of this. 

AI’s social-democratic identification of the problems with corporations correspond to its social-democratic solutions: 

WHAT AMNESTY IS CALLING FOR

• Prevention: all companies should be required by law to take steps to identify, prevent and address human rights abuses (known as due diligence).

Since companies necessarily exploit and oppress workers, AI should in effect call for companies to abolish themselves–since companies would have to ‘identity’ themselves as necessarily abusing humans by treating them as things to be used to obtain more and more profit. Of course, such a view would be wishful thinking. 

The same logic applies to “preventing” human rights abuses and “addressing” human rights abuses. Obviously, AI is a reformist organization that seeks to normalize exploitation and oppression and not abolish it. Why otherwise imply that companies somehow can escape from exploiting and oppressing workers?

If AI were to admit that workers were, as part of the nature of companies, exploited and oppressed, it would have to radically change its characterization of human rights. Its standard would not be a refurbished welfare state but a socialist society, with nothing short of the abolition of the class of employers as the standard. 

Conclusion

Is Amnesty International a progressive organization? If you are a social democrat or social reformer, you undoubtedly will think so. If, however, you consider the class power of employers to be illegitimate, you will not. That AI does some good does not mean that it is a progressive organization since it, ultimately, assumes the legitimacy of the class power of employers. The standard of such organizations, in other words, remains well within the bounds of capitalism. 

The social-democratic left here in Toronto, however, engage in political rhetoric when they call such organizations “progressive.” If such rhetoric is then called into question, the social-democratic left then accuse the critiques of, among other things, lacking in “self-criticism” and “humility,” or they resort to insults. 

I will let the reader draw her/his own conclusions about how the social-democratic left deal with criticisms of their own political rhetoric by quoting two social democrats or social reformers here in Toronto: Sam Gindin and Wayne Dealy. Ask yourself whether Mr. Gindin engages in his advice. As for Wayne Dealy, ask yourself what Mr. Dealy does to expose the real nature of the social world in which we live. 

Sam Gindin: (I quote from a previous post)

Which brings me back to the point that the problem is not [Wayne] Dealy [union director for the Canadian Union of Public Employees (CUPE) Local 3902] or Sean [Smith,  Unifor Local 2002 Co-Ordinator and Toronto Airport Workers Council (TAWC) activist”] or others but OUR Collective inability to provide them with an effective alternative politics…They can be criticized but only if we do so with humility and part of criticizing ourselves. [my emphasis] 

Wayne Dealy (I quote from a previous post the context and Dealy’s response): 

I had worked in a brewery for around four years in Calgary, Alberta, Canada. I questioned this reference to a good (or decent) work and a fair contract. I did not try to attack the representative personally. I tried to address the issues.

I also pointed out that the striking workers did deserve our support–that it was a question of solidarity.

Wayne Dealy, who is a representative of a local Toronto union here, then intervened, stating the following:

Is this meant to be a serious intervention or are you taking the piss?

I expressed a point of view that was different–and was roundly insulted on a listserve.

I replied:

It is meant to be a serious intervention. If Wayne Dealy has something against the intervention–apart from emotional venting and insults-he is welcome to debate the issue.

Social democrats, unionists and others who consider themselves to be progressive often refer to good or decent jobs and fair contracts (deals). This is an assumption that is rarely questioned. Indeed, the tone of Wayne’s response is indicative of the lack of real concern over the issue of the power of employers as a class in relation to employees as a class. In other words, Wayne’s response itself shows just how much the issue needs to be debated. That topic will start to be addressed at the next Toronto Labour Committee on March 9, from 7:00-9:00 at 31 Wellesley.

Fred Harris, Ph. D., philosophy of education, former brewery worker

I was too hopeful. No one from the listserve–including Sam Gindin–addressed the real issues of whether there is such a thing as good jobs or a fair contract.

Wayne Dealy replied:

Deepest apologies. Those fourteen words have been buried deep inside me for years and they could no longer be contained. I regret that you suffered so for their ill-timed appearance.

Apologies too for not showing more gratitude for the fact that you deigned to use Tracy’s call for picket-line support to explain to us in plain language how wage labour is exploitative. Sam, David, Tracy  et al, I hope you all were taking notes. All of us on this list are obviously and sorely in need of simple explanations of such things; fortunately Fred is here to fill that void.

On a more personal note, thanks to your second intervention, my consciousness has been raised even further: I now see the problem all along was my “lack of real concern over the issue of the power of employers as a class in relation to employees as a class”.

And the fact that you were able to suss me out from my fourteen ill-chosen words? Mind. Blown.

Thanks again, truly, for sharing your insights. This group is extremely fortunate to have a Promethean figure like yourself who so selflessly kept the ember of class analysis alive so that it could be shared with all us sinners.

Wayne.

p.s. If I had wanted to insult you I would have called you a condescending prick
—
Wayne G. Dealy
Ph.D. Candidate
Department of Political Science

 
University of Toronto