Of course

The ideas of the ruling class are normally the prevailing ideas, and
have all the force of the state, not just military but financial and
ideological, to back them.

The Gramscian struggle for hegemony is and always will be uphill.

It is still not impossible. Nobody is suggesting getting excited. The
suggestion is that it will need years, probably decades of
perseverance to win some advances.

Like bourgeois democratic rights to vote, independent of colour of
skin.

And that people like Ann Ginger toiling away in unexciting corners may
nevertheless help to change the world.

It takes years of struggle to stop people dying of AIDS just because
they cannot afford the drugs.

What's new in this debate, Patrick, despite the important factual
information.

Can you share Jubilee's experience of how to get round this set back
rather than just counselling us not to get excited? I personally think
I am lugubrious enough already, but as Michael discourages
characterisations I will not invite corrections at this point.

Seasons greetings!

Chris Burford



----- Original Message -----
From: "Patrick Bond" <[EMAIL PROTECTED]>
To: <PEN-L@SUS.CSUCHICO.EDU>
Sent: Thursday, December 23, 2004 5:44 AM
Subject: Re: [PEN-L] economics and class struggle behind legal victory


----- Original Message -----
From: "Chris Burford" <[EMAIL PROTECTED]>
It sounds like the web of international law is getting increasingly
interwoven.

One of SA's most active radical social movements, Jubilee, has had a bad experience you should all know about before getting too excited by juristic moves. A 'reactionary' government in league with transnational corporations can foil the Alien Tort Claims Act quite easily, it seems - at least in this first round... (Colin Powell told Pretoria to oppose the lawsuit - while on the other side people like Desmond Tutu and Joe Stiglitz were friends of the court in favour of reparations.)


Apartheid struggle continues 6 December 2004 14:49 - (SA)

Johannesburg - A group of apartheid victims vowed on Monday to step
up
their fight for reparation after a US court dismissed their claims
against big companies.

The Khulumani group, who filed their suit under the auspices of
Jubilee
South Africa, said they would appeal the court's decision while
intensifying their international campaign for reparation.

A spokesperson for the 82 plaintiffs, anti-apartheid activist Dennis
Brutus said the group was deeply disappointed with the court's
dismissal
of their claim.

Brutus accused New York Judge John Sprizzo of putting the importance
of
economic investment above human rights.

"In our judgment both the judge and the (former) minister of justice
(Penuell Maduna) were valuing financial matters higher than humane
values and we find this deeply troubling," Brutus said in
Johannesburg.

The lawsuit was filed in the Southern District Court of New York
under
the Alien Tort Claims Act of 1789. This law allows foreign victims
of
serious human rights abuses to sue in US courts.

The group claimed their human rights were violated by the apartheid
government in that they, or family members, were the victims of
indiscriminate shootings, unlawful killings, rape, torture and
kidnapping.

The defendants in the action included such multinational as Barclays
National Bank, Ford Motor Company, Mobil, Daimler-Chrysler, Caltex
Petroleum, Deutsche Bank and British Petroleum.

Sprizzo dismissed the claims on the grounds that forcing these
companies
to pay reparations would have a negative impact on foreign
investment in
South Africa.

Jubilee South Africa criticised both Sprizzo and the South African
government for its role in the court's decision.

Jubilee chairperson MP Giyose accused Sprizzo of putting economic
considerations above human rights.

"Sprizzo was particularly pleased to rely for his economic doctrine
in
the judgment on the commercial motives invested in a letter
deposited
before his court by the weightless, light-minded Penuell Maduna on
behalf of a South African government dominated by free marketeers."

Giyose also lashed out at President Thabo Mbeki.

"... for the people of South Africa, as for the Khulumani
plaintiffs, it
is critical to note the reactionary role played by the Mbeki
government
on this question."

Originally the government did not interfere in the reparation
lawsuits,
but, said Giyose, pressure from the US government caused its South
African counterpart to file papers with the New York court, asking
for
the case to be dismissed.

It was not yet clear when the Khulumani group's appeal would be
heard.

/than "Re: Contents of DEBATE digest..."

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