Guantánamo comes home

Instead of closing Guantánamo, Obama has brought its shameful disregard for human rights on to the h

Instead of closing Guantánamo, Obama has brought its shameful disregard for human rights on to the home turf.

It was cold but that didn't matter. Strings of coloured lights still dangled between lamp posts and for progressives across the world, Christmas was far from over. On 22 January 2009, just two days after taking office, Barack Obama issued an executive order that committed the White House to closing the Guantánamo Bay detention facility within a year. "We are going to win this fight. We are going to win it on our terms," he said, and many of us believed him. The US president seemed once and for all to be ushering in a new morning for America, which, unlike Ronald Reagan's false dawn 25 years earlier, would see the country truly becoming "prouder, stronger [and] better". Sam Stein of the Huffington Post predicted that the "blotch on America's image abroad" would soon be wiped clean. Jennifer Daskal, senior counterterrorism counsel at Human Rights Watch, said: "With the stroke of a pen, President Obama will make great progress toward restoring America's moral authority." How wrong they were.

I cite Reagan because he, more than any other US president, seemed to lay the groundwork for the nightmare of the George W Bush years. Reagan gave the international community - if such a community can be said to exist - a taste of what was to come in 1983, when he sent troops to the Caribbean island of Grenada following a coup. He called Grenada a "Soviet-Cuban beachhead" and justified the invasion of the tiny country (with a population of about 100,000) by invoking the major paranoia of those years: the red threat. When the United Nations condemned Reagan's "intervention" as "a flagrant violation of international law", he was unmoved. The president responded to the criticism with a tasteless quip: "It didn't upset my breakfast at all." The UN tried to pass a motion deploring the invasion but the US simply vetoed it. In 2002, Bush would cement this arrogant, dismissive attitude to international consensus and law with his national security strategy.

By moving to scrap Guantánamo Bay so soon after coming to power, Obama reassured his supporters, both within and outside America, that a dark chapter of US history was coming to an end. It was a powerful symbolic gesture that suggested that the rule of international law would be heeded once more by the White House. As the second anniversary of the Cuban camp's "final closure" date nears, however, some 170 prisoners remain imprisoned there. Eight inmates have died at Guantánamo since 2002. Two years ago, Dick Cheney claimed that the detainees were the "worst of the worst" and that the "only other option" to their unlawful incarceration was "to kill them" - yet, of the 770 held, more than 550 have been freed without charge. What's worse, over half of those still languishing in the camp's degrading conditions have already been cleared for release.

As we know now, Obama was and evidently is no cure for the US's addiction to rough "justice". I am convinced that his intentions remain noble; yet an administration must be judged not by its hopes alone (no matter how audacious) but by its actions and by what happens under its watch. In May, when Osama Bin Laden was executed by a team of commandos who had no intention of acting within internationally agreed legal protocols (even their presence in Pakistan was a violation of the country's sovereign territory), Obama confirmed that little has changed when it comes to American foreign policy. His vastly increased use of drone attacks, meanwhile, has led to the deaths of twice as many suspected al-Qaeda and Taliban members as Bush imprisoned at Guantánamo Bay.

On Thursday, the Senate passed the National Defence Authorisation Act for Fiscal Year 2012 (NDAA), which, in effect, formalises the right of the military to arrest and indefinitely detain alleged terrorist operatives without trial, including US citizens. Obama was against the bill and the White House was expected to veto it; but, after what the lawyer Wendy Kaminer in the Atlantic called "cosmetic efforts to obscure the bill's threat to American[s]", the president signed it off.

The ambiguities of the NDAA's phrasing, as well as the broadness of what constitutes a suspected terrorist, has raised alarm on both sides of the political spectrum - Tea Partiers such as Rand Paul have bemoaned its passage in terms not dissimilar from those of Amnesty International and Human Rights Watch. "The rights we lose now may never be restored," said Rand. "We could see American citizens being sent to Guantánamo Bay." Tom Parker, policy director of counterterrorism and human rights at Amnesty International USA, said on 15 December: "The NDAA provides a framework for 'normalising' indefinite detention and making Guantánamo a permanent feature of American life."

So much for the promise of 2009. Bush gleefully fashioned the US as a rogue state, publicly celebrating its illegal wars in a way that would probably have made even Reagan blush. Obama, for all his evident unease at the country's continued moral decline, has become the first president since the McCarthy era to pass indefinite detention legislation. Instead of closing Guantánamo, he has brought its shameful disregard for human rights on to the home turf.

Photograph: Getty Images

Yo Zushi is a contributing writer for the New Statesman. His latest album, It Never Entered My Mind, is out now on Eidola Records and is on Spotify here.

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The failed French presidential candidates who refuse to endorse Emmanuel Macron

While the candidates of the main left and right parties have endorsed the centrist from nowhere, others have held back. 

And breathe.

At 8pm on Sunday night France, Europe, and much of the West let out a huge sigh of relief. After over a month of uncertainty, scandals, rebounds, debates and late surges, the results of the first round of the French Presidential Election was as predicted: Emmanuel Macron (24 per cent) will face off against Marine Le Pen (21 per cent) in the second round of the election on the 7 May.

While polls have been predicting this face-off for a while, the shocks of Brexit and the election of Donald Trump had thrown polling predictions into doubt. But France has a good track record when it comes to polling, and their surveys are considered some of the most reliable in the world. The irony is that this uncertainty has meant that the polls have never been so central to a campaign, and the role of polling in democracies has been a hot topic of debate during the election.

The biggest surprise in many ways was that there were no surprises. If there was a surprise, it was a good one: participation was higher than expected: close to 80 per cent – on par with the Presidential Elections of 2012 – whereas there were concerns it would be as low as 70 per cent. Higher participation is normally a bad sign for the extremes, who have highly motivated voters but a limited base, and who often do better in elections when participation is low. Instead, it boosts the traditional parties, but here instead of the traditional right-wing Republican (Fillon is at 20 per cent) or Socialist parties (Hamon at 6 per cent), it was in fact the centre, with Emmanuel Macron, who benefited.

So France has so far not succumbed to the populist wave that has been engulfing the West. The contagion seemed to be spreading when the Italian Prime Minister Matteo Renzi lost a referendum on reforming the constitution, but the fightback started in Austria which rejected the far-right candidate Norbert Hofer in its Presidential election and voted for the pro-European, former-Green independent candidate Alexander Van der Bellen. Those hopes now rest on the shoulders of Macron. After having dubbed Angela Merkel the leader of the free world during his farewell tour of Europe, Barack Obama gave his personal blessing to Macron last week.

Many wondered what impact Thursday night’s shooting on the Champs-Elysées would have. Would it be a boon for Marine Le Pen’s anti-immigration platform? Or even right-wing François Fillon’s more traditional law and order approach? In the end the effect seems to have been minimal.

In the second round, Macron is currently predicted to beat Marine Le Pen by more than 60 per cent of the vote. But how does Le Pen almost double her vote in the second round, from around 20 per cent to close to 40 per cent? The "Republican Front" that saw her father off back in 2002, when he received only 18 per cent of the vote, has so far held at the level of the two traditional political parties. Both Hamon and Fillon have called to vote for Macron in the second round to stop the Front National - Hamon put it nicely when he said he could tell the difference between political opponents, and opponents of the Republic.

But not everyone is toing the line. Sens Commun, the anti-gay marriage group that has supported Fillon through thick and thin, said that it will not call to vote for either party – a thinly veiled invitation to vote for Le Pen. And Nicolas Dupont-Aignan, a conservative, Catholic and anti-EU right wing candidate, whose 5 per cent is the reason Fillon didn’t make it to the second round, has also abstained from calling to vote for either. It is within this electorate that Le Pen will look to increase her vote.

The other candidate who didn’t call to vote for anyone was Jean-Luc Mélenchon, who fell back on a demagogic position of saying he would follow the wishes of his supporters after having consulted them. But as a spokesperson for the FN pointed out, there are remarkable congruities between their respective platforms, which can be categorised as a populism of the left and a populism of the right.

They in particular converge over the question of Europe. Aping Brexit, both want to go to Brussels to argue for reform, and if none is forthcoming put membership of the Eurozone to the electorate. While Le Pen’s anti-Europeanism is patent, Mélenchon’s position is both disingenuous and dangerous. His Plan A, as he puts it, is to attempt reform at the European level. But he knows fine well that his demands, which include revoking the independence of the European Central Bank and putting an end to austerity (the ECB, through its massive programme of quantitative easing, has already been trying to stimulate growth) will not be met. So he reverts to his Plan B, which is to leave the European Treatises and refound Europe on a new basis with like-minded members.

Who those members might be he hasn’t specified, nor has he explained how he would leave the EU - at least Le Pen had the decency to say she would put it to a referendum. Leaving the European Treatise has been in his programme from the beginning, and seems to be the real object of his desires. Nonetheless, having set himself up as the anti-Le Pen candidate, most of his supporters will vote for Macron. Others will abstain, and abstention will only help Le Pen. We’ve been here before, and the last thing we need now is complacency.

 

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