America's Iraqi prisoners

Detainees – all Iraqis, save for a small number of foreigners – are denied their basic right not to

Iraq is casting a long shadow over the US presidential race, and with relative calm in the country the candidates are debating how fast US troops should quit Iraq. Senator Barack Obama’s 16-month timetable for withdrawal has the backing of Iraqi leaders, and the Bush administration itself now endorses a “time horizon” for troop cuts. But absent from the debate has been any discussion of the fate of nearly 21,000 prisoners held in Iraq by US forces. Obama and his Republican rival Senator John McCain ought to start talking now about what to do with detainees in US military custody in Iraq.

The US-led Multinational Force-Iraq (MNF) has claimed the authority to hold the detainees under successive UN Security Council Resolutions, the last of which expires at the end of the year. Prospects for a status-of-forces agreement (SOFA) and related pacts that might fill the legal void are clouded by the Bush administration’s lame duck status.

The detainees – all Iraqis, save for a small number of foreigners – are effectively denied their basic right not to be held indefinitely without charge or trial. Many are young men rounded up in mass, arbitrary arrests. They are promised a review of their cases every six months, though the MNF has told Human Rights Watch reviews are more frequent in practice. Yet on average, detainees remain in custody for more than 300 days, according to MNF figures as of May. The detainees, divided between a remote prison near Basra and a smaller one near Baghdad’s airport, have little access to relatives, who in many cases cannot afford to visit or fear reprisal. Although about a tenth of detainees face charges in an Iraqi criminal court; the vast majority are never charged.

The MNF has argued that the detainees are held as imperative security threats, and are not entitled to criminal due process. International law does indeed allow for administrative detention, but the United States has not even met the basic requirements for holding people under such circumstances. The cases are reviewed by military panels, with no meaningful access to legal counsel and no judicial review – both of which detainees are entitled to under international law.

There are 360 children among the detainees, down from 500 in May. Many have been held for months, and some for more than a year, often without access to the educational services provided to children at one MNF facility. Those children referred to trial by the MNF are held at an Iraqi facility described by the UN as so overcrowded it threatens the children’s health.

Few would dispute that the conditions of US military detention have improved since the images of shocking abuse that emerged in 2004 from the Abu Ghraib prison. It’s also clear that, however vigorous MNF attempts to expedite detainee releases this population is not going anywhere soon. The outgoing head of US detainee operations estimated in June that 10,000 people had been released through expanded review procedures introduced in September 2007, yet the overall population is only slowly falling from its peak near 26,000 in 2007. Britain, Washington’s principal partner in the invasion of Iraq, has all but ended its role as a jailer in Iraq – Foreign Office officials say UK forces now have two detainees in the country – leaving the US military as the face of foreign military detention in Iraq.

In the wrangle over a bilateral agreement that would govern the presence of US troops in Iraq, the meaning of Iraqi sovereignty looms large. Much of Iraq’s political class rejects the idea of an open-ended US military presence (no easy sell ahead of provincial elections scheduled for this year), advocating a short-term agreement and possible negotiations with the next administration. The Bush administration appears to accept that possibility.

All parties to this debate should back up their rhetoric about Iraqi sovereignty by ending the legal vacuum in which the MNF holds detainees. A step in that direction would be a US-Iraqi agreement to bring the status of these detainees in line with international human rights law and the laws of war for conflicts like the one in Iraq. The International Covenant on Civil and Political Rights, which Iraq has ratified, requires among other things that detainees face a judge promptly, and have prompt access to legal counsel and family members. Such a commitment should encourage the Iraqi authorities to improve their own poor record on detention and abuse of detainees.

The United States should also release at once detainees unlikely to be charged, and transfer others against whom there is evidence for criminal proceedings to Iraqi courts – with the safeguard that no one should be transferred there if they are at risk of abuse.

The US presidential candidates are now jockeying to claim victory for their Iraq plans. Both should commit to ending the legal limbo of detention in Iraq, by upholding international legal standards in Iraq and restoring justice to the thousands wrongly held.

Joseph Logan is the Iraq researcher for Human Rights Watch

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The secret anti-capitalist history of McDonald’s

As a new film focuses on the real founder of McDonald’s, his grandson reveals the unlikely story behind his family’s long-lost restaurant.

One afternoon in about the year 1988, an 11-year-old boy was eating at McDonald’s with his family in the city of Manchester, New Hampshire. During the meal, he noticed a plaque on the wall bearing a man’s face and declaring him the founder of McDonald’s. These plaques were prevalent in McDonald’s restaurants across the US at the time. The face – gleaming with pride – belonged to Ray Kroc, a businessman and former travelling salesman long hailed as the creator of the fast food franchise.

Flickr/Phillip Pessar

But this wasn’t the man the young boy munching on fries expected to see. That man was in the restaurant alongside him. “I looked at my grandfather and said, ‘But I thought you were the founder?’” he recalls. “And that’s when, in the late Eighties, early Nineties, my grandfather went back on the [McDonald’s] Corporation to set the history straight.”

Jason McDonald French, now a 40-year-old registered nurse with four children, is the grandson of Dick McDonald – the real founder of McDonald’s. When he turned to his grandfather as a confused child all those years ago, he spurred him on to correct decades of misinformation about the mysterious McDonald’s history. A story now being brought to mainstream attention by a new film, The Founder.


Jason McDonald French

“They [McDonald’s Corporation] seemed to forget where the name actually did come from,” says McDonald French, speaking on the phone from his home just outside Springfield, Massachusetts.

His grandfather Dick was one half of the McDonald brothers, an entrepreneurial duo of restaurateurs who started out with a standard drive-in hotdog stand in California, 1937.

Dick's father, an Irish immigrant, worked in a shoe factory in New Hampshire. He and his brother made their success from scratch. They founded a unique burger restaurant in San Bernardino, around 50 miles east of where they had been flogging hotdogs. It would become the first McDonald’s restaurant.

Most takeout restaurants back then were drive-ins, where you would park, order food from your car, and wait for a “carhop” server to bring you your meal on a plate, with cutlery. The McDonald brothers noticed that this was a slow, disorganised process with pointless costly overheads.

So they invented fast food.

***

In 1948, they built what came to be known as the “speedy system” for a fast food kitchen from scratch. Dick was the inventor out of the two brothers - as well as the bespoke kitchen design, he came up with both the iconic giant yellow “M” and its nickname, the “Golden Arches”.

“My grandfather was an innovator, a man ahead of his time,” McDonald French tells me. “For someone who was [only] high school-educated to come up with the ideas and have the foresight to see where the food service business was going, is pretty remarkable.”


The McDonald brothers with a milkshake machine.

McDonald French is still amazed at his grandfather’s contraptions. “He was inventing machines to do this automated system, just off-the-cuff,” he recalls. “They were using heat lamps to keep food warm beforehand, before anyone had ever thought of such a thing. They customised their grills to whip the grease away to cook the burgers more efficiently. It was six-feet-long, which was just unheard of.”

Dick even custom-made ketchup and mustard dispensers – like metal fireplace bellows – to speed up the process of garnishing each burger. The brothers’ system, which also cut out waiting staff and the cost of buying and washing crockery and cutlery, brought customers hamburgers from grill to counter in 30 seconds.


The McDonald brothers as depicted in The Founder. Photo: The Founder

McDonald French recounts a story of the McDonald brothers working late into the night, drafting and redrafting a blueprint for the perfect speedy kitchen in chalk on their tennis court for hours. By 3am, when they finally had it all mapped out, they went to bed – deciding to put it all to paper the next day. The dry, desert climate of San Bernardino meant it hadn’t rained in months.

 “And, of course, it rained that night in San Bernardino – washed it all away. And they had to redo it all over again,” chuckles McDonald French.

In another hiccup when starting out, a swarm of flies attracted by the light descended on an evening event they put on to drum up interest in their restaurant, driving customers away.


An original McDonald's restaurant, as depicted in The Founder. Photo: The Founder

***

These turned out to be the least of their setbacks. As depicted in painful detail in John Lee Hancock’s film, Ray Kroc – then a milkshake machine salesman – took interest in their restaurant after they purchased six of his “multi-mixers”. It was then that the three men drew up a fateful contract. This signed Kroc as the franchising agent for McDonald’s, who was tasked with rolling out other McDonald’s restaurants (the McDonalds already had a handful of restaurants in their franchise). 

Kroc soon became frustrated at having little influence. He was bound by the McDonalds’ inflexibility and stubborn standards (they wouldn’t allow him to cut costs by purchasing powdered milkshake, for example). The film also suggests he was fed up with the lack of money he was making from the deal. In the end, he wriggled his way around the contract by setting up the property company “McDonald’s Corporation” and buying up the land on which the franchises were built.


Ray Kroc, as depicted in The Founder. Photo: The Founder

Kroc ended up buying McDonald’s in 1961, for $2.7m. He gave the brothers $1m each and agreeing to an annual royalty of half a per cent, which the McDonald family says they never received.

“My father told us about the handshake deal [for a stake in the company] and how Kroc had gone back on his word. That was very upsetting to my grandfather, and he never publicly spoke about it,” McDonald French says. “It’s probably billions of dollars. But if my grandfather was never upset about it enough to go after the Corporation, why would we?”

They lost the rights to their own name, and had to rebrand their original restaurant “The Big M”. It was soon put out of business by a McDonald’s that sprang up close by.


An original McDonald restaurant in Arizona. Photo: Flickr/George

Soon after that meal when the 11-year-old Jason saw Kroc smiling down from the plaque for the first time, he learned the true story of what had happened to his grandfather. “It’s upsetting to hear that your family member was kind of duped,” he says. “But my grandfather always had a great respect for the McDonald’s Corporation as a whole. He never badmouthed the Corporation publicly, because he just wasn’t that type of man.”

Today, McDonalds' corporate website acknowledges the McDonalds brothers as the founders of the original restaurant, and credits Kroc with expanding the franchise. The McDonald’s Corporation was not involved with the making of The Founder, which outlines this story. I have contacted it for a response to this story, but it does not wish to comment.

***

Dick McDonald’s principles jar with the modern connotations of McDonald’s – now a garish symbol of global capitalism. The film shows Dick’s attention to the quality of the food, and commitment to ethics. In one scene, he refuses a lucrative deal to advertise Coca Cola in stores. “It’s a concept that goes beyond our core beliefs,” he rants. “It’s distasteful . . . crass commercialism.”

Kroc, enraged, curses going into business with “a beatnik”.


Photo: The Founder

Dick’s grandson agrees that McDonald’s has strayed from his family’s values. He talks of his grandfather’s generosity and desire to share his wealth – the McDonald brothers gave their restaurant to its employees, and when Dick returned to New Hampshire after the sale, he used some of the money to buy new Cadillacs with air conditioning for his old friends back home.

“[McDonald’s] is definitely a symbol of capitalism, and it definitely sometimes has a negative connotation in society,” McDonald French says. “If it was still under what my grandfather had started, I imagine it would be more like In'N'Out Burger [a fast food chain in the US known for its ethical standards] is now, where they pay their employees very well, where they stick to the simple menu and the quality.”

He adds: “I don’t think it would’ve ever blossomed into this, doing salads and everything else. It would’ve stayed simple, had quality products that were great all the time.

“I believe that he [my grandfather] wasn’t too unhappy that he wasn’t involved with it anymore.”


The McDonald’s Museum, Ray Kroc’s first franchised restaurant in the chain. Photo: Wikimedia Commons

Despite his history, Dick still took his children and grandchildren to eat at McDonald’s together – “all the time” – as does Jason McDonald French with his own children now. He’s a cheeseburger enthusiast, while his seven-year-old youngest child loves the chicken nuggets. But there was always a supersize elephant in the room.

“My grandfather never really spoke of Ray Kroc,” he says. “That was always kind of a touchy subject. It wasn’t until years later that my father told us about how Kroc was not a very nice man. And it was the only one time I ever remember my grandfather talking about Kroc, when he said: ‘Boy, that guy really got me.’”

The Founder is in UK cinemas from today.

Anoosh Chakelian is senior writer at the New Statesman.