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ISSUE 44
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| October 2002 |
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South African Court Rules Prostitution
Illegal
A top South African court overturned
a lower court judgment Wednesday and ruled that prostitution
was illegal. The court also upheld a law criminalizing brothels.
The case had been brought to the Constitutional Court by three
brothel owners upset by the Pretoria High Court's ruling in
July that brothels were illegal. The Pretoria court ruling
also struck down South Africa's decades-old prostitution law
as discriminatory and unconstitutional. The court said the
law contradicted the equality clauses in the constitution.
A majority of the Constitutional Court said Wednesday the
provision was not discriminatory since it outlawed both male
and female prostitution. In a dissenting opinion, five of
the court's 11 judges disagreed, saying that because the prostitute
was considered the primary offender under the law it reinforced
sexual stereotypes and violated the constitution. Since all-race
elections brought an end to apartheid in 1994, the government
has by and large turned a blind eye toward prostitution. Charges
are hardly ever brought against the thousands of prostitutes
who openly ply their trade on the streets and brothels which
have sprung up in every large town.
From CNN, 9 October 2002
UN Report Alleges Violations
of Zimbabwe Sanctions
A Zimbabwean businessman was accused
by a U.N. panel on Monday of procuring military equipment
from British Aerospace in violation of European sanctions
against the southern African nation. The panel, in a report
to the U.N. Security Council on the plunder of minerals in
the Democratic Republic of the Congo, named businessman John
Bredenkamp as a key investor in the Aviation Consultancy Service
Company, which represents British Aerospace, Dornier of France
and Agusta of Italy in Africa. In discussions with senior
Congo officials, the report alleged he offered to mediate
sales of British Aerospace military equipment to Congo. But
the panel said he procured aircraft parts for Zimbabwe's military,
which was propping up the Kinshasa government. ''Mr. Bredenkamp's
representatives claimed that his companies observed European
Union sanctions on Zimbabwe but British Aerospace spare parts
for ZDF Hawk jets were supplied early in 2002 in breach of
those sanctions,'' the panel's report said. Among other measures,
the European Union, during a violent election campaign last
February, prohibited member nations from selling Zimbabwe
arms or equipment that ''could be used for internal repression.''
The U.N.-appointed panel also recommended a travel ban and
financial restrictions on 54 individuals and 29 companies
involved in criminal or illicit plundering in the Congo. Bredenkamp
and his mining company Tremalt Ltd., incorporated in the British
Virgin Islands, were both on the list. The report accused
him of paying $400,000 to the Congo government for copper
and cobalt mine concessions over 25 years, worth at least
$1 billion. In addition to Bredenkamp the report put on its
list Emmerson Dambudzo Mnangagwa, the speaker of the Zimbabwean
parliament, and his alleged allies, Gen. Vitalis Zvinavashe
Musungwa and retired Gen. Sibusio Moyo. Under Bredenkamp's
deal, Tremalt retains 32 percent of the net profits, pays
34 percent to the Congo and 34 percent to Zimbabwe. Subtracted
from Zimbabwe's share was military equipment, the report said.
The panel described exploitation of the Congo's riches by
Rwanda, Uganda and Zimbabwe, who all had troops in the central
African nation. In Zimbabwe's case, it said, senior officers
enriched themselves under the pretext of arrangements set
up to repay Zimbabwe for military services. In many cases
bribes were paid to Congo government officials for selling
state-owned companies at low cost. More recently the military
established new companies, with the knowledge of President
Robert Mugabe, to defend its long-term economic interests
should troops withdraw, the report said.
From MSNBC, 21 October 2002
Libya Announces Withdrawal
from Arab League
Libya has decided to withdraw from
the Arab League, Moammar Gadhafi's government announced Thursday.
The government gave no reason for the decision. Libyan officials
cited the Arab League's inefficiency in dealing with the crises
over Iraq and the PalestiniansIn a statement by the Libyan
news agency, the Ministry of African Affairs said an official
notification had been sent to Arab League headquarters in
Cairo, Egypt. Arab League spokesman Hisham Youssef confirmed
the 22-nation organization had received the official notice
from the Libyans. ''This is not a new idea,'' Youssef said
in Cairo. ''It has been raised before but Gadhafi has told
the secretary-general that the idea was put on hold.'' The
league's secretary-general, Amr Moussa, traveled to Tripoli
this month to discourage Gadhafi from withdrawing. An Arab
League official said Moussa would go to Tripoli again within
days. Egyptian Foreign Minister Ahmed Maher said that under
the league's charter, Libya's withdrawal becomes effective
only after one year. In Tripoli, Libyan officials said Gadhafi
was unhappy with the Arab League's inability to deal with
current Arab issues, mainly the standoff between Iraq and
the United States and violence between Israelis and the Palestinians.
Gadhafi has been critical of an Arab League peace initiative
formalized at a summit in Beirut, Lebanon. He urged the ''the
Arab street'' to distance itself from ''crippled'' Mideast
regimes, and called on the Arab League to cancel the Beirut
initiative. The March summit was the first time the Arab world
collectively offered Israel recognition, security and ''normal
relations'' in exchange for a full withdrawal from Arab lands
held since 1967 and a ''just solution'' for Palestinian refugees.
Gadhafi has increasingly turned his attention toward Africa
in recent years after African countries decided to break the
U.N. air embargo imposed on Libya because of the 1988 bombing
of an American airliner over Lockerbie, Scotland, that killed
270 people.
From MSNBC, 24 October 2002
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Shiokawa Says Japan Won't Sell Yen
to Spur Economy
Japanese Finance Minister Masajuro
Shiokawa said the government shouldn't use a cheaper yen to
spur the economy. The currency recouped a loss of as much
as 0.4 percent against the dollar as traders bet the government
won't sell the yen anytime soon. "I don't support the
idea of manipulating foreign exchange rates as a tool to combat
deflation," Shiokawa told reporters in Tokyo. "Foreign
exchange rates should be left to the movements of the market."
The remarks damped speculation Japan may again sell the yen
to boost exports. He was speaking after a central bank report
showed Japan's biggest manufacturers remained pessimistic
for a seventh quarter, underlining concern that an export-led
recovery is faltering. "He is saying he won't intervene
to get Japan out of its deflationary crisis or boost exports,"
said Kamal Sharma, a currency strategist at Commerzbank AG.
"That's sent the currency flying." The Bank of Japan
sold 4 trillion yen ($33 billion) in May and June, a record
for one quarter, to weaken the currency. Japan was trying
to thwart gains in its currency, which erode the profits the
nation's exporters earn on overseas sales. The yen rose as
high as 121.70 yen to the dollar from 122.15 after Shiokawa
made the comments. The Japanese currency traded at 122.07
yen at 5:18 p.m. Japan time, leaving it up 8 percent versus
its U.S. counterpart this year. Vice Finance Minister Haruhiko
Kuroda last month suggested one way to boost an export-led
recovery was to sell yen "in a massive way." Shiokawa
said in July that Japan wants to have its currency at between
125 yen and 130 yen per dollar. Bond Auctions - Shiokawa said
he wants Japanese companies to increase trade settlement denominated
in the euro and Asian currencies so that they would be less
vulnerable to swings in the dollar. Shiokawa also said it's
"one option" for the ministry to sell more bonds
at maturities of less than 10 years to diversify the government's
debt sales and attract more buyers. He said he wants individual
investors to buy as much as 10 percent of Japan's government
bonds. "In Japan, individuals have a massive amount of
financial assets, but they hold about a mere 2 percent of
total bonds - there are few countries like this," Shiokawa
said.
The Japanese central government's outstanding
debt will reach 414 trillion yen in March, equal to about
80 percent of gross domestic product. Japan's individuals
have 1,400 trillion yen in financial assets, such as bank
deposits, insurance, stocks and bonds. Concern about the lack
of investors' appetite for government debt heightened as a
10-year government bond sale last month failed to attract
enough bidders for the 1.8 trillion yen of debt on offer.
It was the first such failure since competitive price auctions
began in 1989, the ministry said. Bad-Loan Purchases - On
the issue of dealing with the estimated 52.4 trillion yen
in bad loans that burden banks, Shiokawa said Japan needs
an institution dedicated to buying bad loans from lenders.
Unless Japan has proper institutions to dispose of bad loans,
"the injection of public funds into lenders is no more
than something like a narcotic drug, which has a temporary
effect," Shiokawa said. The institution would then sell
those loans in 20 or 30 years and collect debt, he said. Losses
resulting from the sales should be shared by banks, the government
and others. "The government can't make up for all such
losses with taxpayer money," Shiokawa said. "We
can't pass burdens to taxpayers alone." It may be possible
to reorganize the existing Resolution and Collection Corp.,
the state-backed agency that buys sour loans from banks, he
said. Japanese banks are reluctant to sell bad loans because
they aren't offered enough for them by the RCC. The agency
paid an average of 12.6 percent of face value for loans in
the three months ended Sept. 30, less than it paid in the
second quarter, the agency said last week. Shiokawa also said
he may ask the Bank of Japan to do more to help spur growth
if necessary, though he added he wouldn't make "forceful
requests."' He also said Prime Minister Junichiro Koizumi
yesterday asked him to propose details of tax cuts for the
next fiscal year. The ministry is studying plans to cut taxes
on real estate sales, he said.
From Bloomberg-Politics, by Mayumi Otsuma,
1 October 2002
Shiokawa Says He Wants
to Extend Deposit Guarantee
Japan should continue to guarantee
bank deposits for an extra year, Finance Minister Masajuro
Shiokawa said, a step that analysts said could speed the disposal
of banks' $427 billion in bad loans. An end to guarantees
"should be postponed even by one year, without any conditions,"
he told reporters. Plans to end unlimited deposit guarantees
by April had caused concern that depositors would withdraw
money from weaker banks. Extending the guarantees may make
it easier for Prime Minister Junichiro Koizumi to speed the
disposal of some of the bad loans that have paralyzed the
banking system. "It's prudent not to go through with
putting ceilings on the insurance," said Frank Packer,
an economist at Nikko Salomon Smith Barney. "It will
make it easier to do banking reform because you've lowered
the probability of there being financial- system problems."
Bank shares plunged on worries the appointment of KPMG Financial
KK President Takeshi Kimura to bank regulator Heizo Takenaka's
bad loan task force means the government will force lenders
such as Mizuho Holdings Inc. to cut off their biggest deadbeat
borrowers, widening their losses. Kimura has urged Japan to
force lenders to boost provisioning and advocated seizing
banks with insufficient capital. Mizuho Holdings shares were
down 16 percent at the 3 p.m. close of trading in Tokyo. The
Topix index of bank shares was down 4.6 percent. Delay - The
government had planned to end unlimited guarantees by April
to cap its liability in case of bank failures and to promote
competition among lenders. It later said it would continue
the guarantees for another five months beyond April, and Prime
Minister Junichiro Koizumi for the first time today signaled
his willingness to consider a longer delay. "Takenaka
is now working" on the issue, Koizumi told reporters
who asked about a possible year-long delay, "and I'm
waiting for his report." Chief Cabinet Secretary Yasuo
Fukuda said the government had been discussing an extension
of deposit guarantees, and that it would make a decision by
the end of the month. A decision will depend on the state
of Japan's economy, he said. "The economy is a living
thing and decisions must be made depending on those changing
conditions," Fukuda said.
From Bloomberg-Politics, by Mayumi Otsuma,
Kyoko Shimodoi, Yoshiko Matsushita and Ann Saphir, 3 October
2002
Southwest Pacific Nations
Meet - Terrorism on Agenda
Yogyakarta, Indonesia - Foreign ministers
from six Pacific nations arrived in Java's ancient royal capital
of Yogyakarta on Friday for a day of talks which Indonesia
said would tackle the thorny issue of terrorism. Indonesia,
hosting the inaugural meeting dubbed the South West Pacific
Dialogue, has been criticised as Southeast Asia's weakest
link in the war on terror amid growing concerns some of its
militants might have forged ties with the al Qaeda network.
''We are neighbours and through this dialogue process we want
to develop good neighbourly relations among six countries
bordering the southwest rim of the Pacific,'' Indonesia's
Foreign Minister Hassan Wirajuda told reporters. Asked if
terrorism would be a subject on the agenda, he said: ''Under
the heading of political security, we can discuss that of
course. This is an important global issue.'' No concrete outcomes
are expected from the forum, which groups Indonesia, Australia,
the Philippines, Papua New Guinea, New Zealand and newly independent
East Timor, but a joint statement will be issued on Saturday.
The statement is expected to outline efforts to set up information
exchange on people smuggling, money laundering, drug trafficking
and security. ''This dialogue is a loose process and the launching
of this dialogue does not mean that we create a new regional
association. I think as we share borders, we share commons
interest and concerns on many issues,'' Wirajuda said. People
smuggling has also been a controversial issue in the region,
especially between Australia and Indonesia, a vast archipelago
favoured by Middle Eastern and Afghan refugees as a jumping
off point for Australia.
From MSNBC, 4 October 2002
Singapore Willing to
Pay More for Malaysia Water-PM
Kuala Lumpur - Singapore said on Tuesday
it was willing to pay more for the water it buys from Malaysia,
in a signal to ease the next round of negotiations between
the two neighbours over their most troublesome issue. Singapore
Prime Minister Goh Chok Tong, during a brief visit to Malaysia,
said officials from both sides would meet in Kuala Lumpur
on October 16-17 to work out a price which he said should
be acceptable to both nations. ''In principle we are not against
the revision of the price upwards,'' he told a news conference
before meeting his Malaysian counterpart Mahathir Mohamad.
''But there should be a basis for what the price should be,''
he said. Malaysia is contracted to supply 350 million gallons
(1.6 billion litres) of water each day to the resource-parched
city state under two deals signed in the early 1960s. Singapore
pays three Malaysian cents (0.85 cents) for every 1,000 gallons
of raw water it gets from Malaysia's Johor state. Malaysia
wants 100 times that amount. Goh said he would encourage the
officials to do their best to narrow the differences between
the two sides. The water disagreement has stalled talks on
other bilateral problems, such as the use of Malaysian airspace
by Singapore air force fighters and treatment of Malaysians'
pensions held by Singapore. Malaysia and Singapore, which
separated in 1965 following a brief union after independence
from Britain, are close trading partners, but their rivalry
also occasionally leads to fierce disputes. Malaysian Foreign
Minister Syed Hamid Albar said Mahathir and Goh agreed at
their talks that the water problem should be resolved to help
move ties forward. ''We can look at a bigger picture for cooperation
in all dimensions. At present it is inundated with this issue
of water and other outstanding issues,'' he said. Singapore
has been campaigning to popularise so-called Newater, recycled
from toilets, sinks and other sources. The island hopes to
reduce its dependence on the water it pumps from Malaysia
with its plan to build a desalination plant by 2005 so that
it can use seawater.
From MSNBC, 8 October 2002
South Korea, Chile
Reach Free Trade Agreement
Seoul - South Korea said on Thursday
it has reached a free trade agreement (FTA) with Chile, the
first such pact for the world's 11th largest economy, paving
the way for widening tariff-free transactions and globalisation.
The deal was particularly significant as Seoul was currently
holding similar trade talks with Japan and planned to approach
Mexico, Singapore and other Asian nations to agree duty-free
trade in the future, a Foreign Ministry official told Reuters.
''It is an important milestone in Korea's economic and foreign
policies and a step forward in its globalisation,'' said Song
Ki-jae, an economist at the Korea Institute for Industrial
Economics and Trade. Overnight the two countries wrapped up
week-long meetings in Geneva, the sixth round of talks since
they agreed to open trade negotiations in September 1999.
''The FTA with Chile will provide a springboard (for South
Korea) to advance into Latin America,'' the ministry said
in a prepared statement. ''It will also help accelerate the
pace of ongoing talks with Japan and other countries. Under
the agreement, Korean exporters of electronics, autos and
mobile phones could actively make inroads into Chile and other
Latin American countries, although washing machines and refrigerators
were excluded from the duty-free list. For example, seven
percent duty on imported cars from South Korea will be lifted,
sharpening their price competitiveness against products from
rival Japan and others. The final agreement is expected to
take effect in the first half of 2003 after the two country's
parliaments approve the FTA, a ministry official told Reuters.
About 66 percent of South Korean exports, including passenger
cars, computers and mobile phones, will immediately be exempted
from tariffs and the rest over a 10-year period, the ministry
said. Frowning Farmers - Local farmers, though, would face
an influx of cheaper agricultural imports, including peaches
and grapes, pork, chocolate and fruit juice, the official
said, but added that imports of Chilean rice, apples and pears
would remain taxable. To smooth the path to agreement, South
Korea made a concession by withdrawing its demand for Chile
to allow Korean companies to invest in the country's financial
industry. ''On that point, South Korea and Chile have agreed
to resume talks in four years,'' the ministry official said.
Financial market showed little reaction to the news of the
country's unprecedented FTA. The benchmark KOSPI (.KS11) edged
down 0.37 percent to 654.98 points. The won extended gains
to 1,228.1 per dollar, mainly due to the yen's climb against
the dollar. In 2001, South Korean imports from Chile were
worth $700 million on a customs-cleared basis, while exports
came to $570 million.
From MSNBC, 24 October 2002
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EU Proposes New Merger Law, Seeks
to Overcome Takeover Defenses
Brussels - The European Commission
revived plans for a Europe-wide takeover code that could speed
up mergers and acquisitions by breaking the power of minority
shareholders, including governments, to block hostile bids.
Financial Services Commissioner Frits Bolkestein will now
seek backing for the code from national governments and the
European Parliament, which last year vetoed an earlier proposal
to dismantle barriers to cross-border takeovers. Spurring
mergers and acquisitions "is a key element in our drive
to make Europe the most competitive economy in the world by
2010," Bolkestein said in an e-mailed statement. Investment
bankers and shareholder rights advocates say the European
Union needs to catch up with the U.S. - and attract investors
to the euro - by rolling back takeover protections for managers
of inefficient businesses. Since the single currency's arrival
in 1999, some 16,600 European companies worth $2.7 trillion
have been acquired, compared with 28,100 companies worth $4.5
trillion in the U.S., Bloomberg data show. In July last year,
the parliament rejected a version of the takeover code, partly
on concern in Germany and Italy that it wouldn't check the
international expansion of French state-owned companies such
as power monopoly Electricite de France. Under the proposal
announced today by the commission, shareholders with special
voting rights couldn't use those powers to block a takeover.
That will include governments and families that hold "golden
shares." Volkswagen - A bidder that gets 90 percent to
95 percent of a target company's capital or 90 percent of
shares tendered would be allowed to "break through"
obstacles thrown up by shareholders with special voting rights.
That threshold would allow a German regional government to
maintain control of Volkswagen AG, Europe's largest carmaker.
The state of Lower Saxony owns 18.6 percent of Volkswagen.
From Bloomberg-Politics, by Robert McLeod,
2 October 2002
EU Enlargement: Now
Who Pays?
London, England - The Irish vote may
have lifted the first barrier but many more roadblocks remain
on the road to EU enlargement. The haggling is starting over
who will pay for it - at discussions this week in Brussels
- hosted by Denmark, who are current holders of the rotating
EU presidency. The Danish prime minister Anders Fogh Rasmussen
told CNN: "We have some obstacles to overcome ... we
must make a decision on the so-called financial package, that
is, to reach a conclusion within the EU on a common position
which can be presented to the candidate countries in early
November concerning budget and agriculture." Farming
is at the heart of the debate with countries like Germany,
the Netherlands, Britain and Sweden all expressing concern
about the amount that will be spent on subsidising the rural
economies of east European countries. However, many people
believe net contributors to EU funds will benefit over the
long term from the enlarged common market. "I think it
should be a plus for all of them - if it works. If it doesn't,
clearly it will be a burden to some countries, notably Germany
and the other EU countries which are net contributors to structural
funds," said Lorenzo Codogno from Bank of America. In
those circumstances, countries that on balance receive EU
money could also suffer. Countries like Spain, Portugal, Greece,
and, ironically - the Republic of Ireland itself - because
there would be less to go round. For recession-hit Germany,
already in trouble for not meeting European criteria for fiscal
stability, the all-important factor is by how much agricultural
expenditure goes up. Hans Redeker, head of foreign exchange
strategy for investment bank BNP Paribas, explained: "If
there would be no reform on agricultural policy in the EC,
then Germany would have to pay more and the budget deficit
would increase further. That could be a quite negative factor
in respect of the growth and stability pact." Beyond
initial EU membership, comes the eventual goal of euro-zone
membership, and there, the debate reaches another level -
over one-size-fits-all interest rates. But before that, it
is far from certain that the freedom of labour movement permitted
by joining the union will not provide huge domestic economic
problems in EU states, both new and old.
From CNN, by Tony Campion, 21 October 2002
Sweden Set to Vote
on Joining Euro Next Autumn
Sweden is ready to ditch the krona
and adopt the euro if voters say "Yes" in a referendum,
the country's centre-left leaders revealed yesterday. The
executive committee of the Social Democratic Party said the
time had come to discuss a date for the vote, as all the conditions
for entry into the eurozone had been met. The party, which
is led by the Prime Minister, Goran Persson, endorsed the
euro on condition that Sweden's economic growth and wage increases
were in line with other eurozone countries and that Sweden
had room to counter any downturn in the economy. "It
is our conclusion that we have all the requirements for fulfilling
these conditions," said the finance minister Bosse Ringholm.
"Therefore we are now ready for a referendum." A
date for a referendum cannot be set until the whole party
approves the recommendation and the issue has been debated
with other parties in the Riksdag, the 349-seat Swedish parliament.
The SDP, which fell short of an overall majority after winning
144 seats in September, usually depends on the anti-euro Left
and Green parties for support. Mr. Persson did not campaign
on the issue of the euro, but he has made no secret of his
desire for Stockholm to sign up. The SDP's leadership group
is expected to seek full party approval for recommending entry
to the eurozone at its annual conference next month. Sweden,
which joined the EU in 1995, Britain and Denmark are the only
members of the 15-country EU not to opt in to the euro. Eurosceptics
in this Scandinavian nation of 8.9 million people fear that
the single currency may threaten sovereignty and the country's
enviable social welfare system, but opinion polls suggest
that a majority back membership.
FromUK-The Independent-Europe, by James
Palmer, 29 October 2002
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Critics Blast Iranian Reform Bills
Tehran, Iran - Iran's pro-reform government
is facing hard-line criticism over two bills it has presented
to parliament aimed at strengthening President Mohammad Khatami's
authority. Conservative opponents lambasted the bills on Wednesday,
which cut to the heart of the Islamic Republic's political
structure, giving Khatami the power to remove judiciary and
parliamentary officials from office and curtail hardliners'
veto over election candidates. They argue the proposed legislation,
which has to go through a tortuous procedure before becoming
law, is unconstitutional and would pave the way for "counter-revolutionary"
elements to run for office. But government spokesman Abdollah
Ramazanzadeh on Wednesday insisted the new bills were "fully
compatible with the constitution." "There are no
reasons for the bills to be rejected as they were prepared
after lots of consultation." Ramazanzadeh told the weekly
post-cabinet meeting news conference. Khatami presented the
bills after growing increasingly frustrated at his failure
to introduce more democratic government in Iran despite five
years in office and two landslide election wins behind him.
The moderate cleric has been particularly annoyed by the closure
by conservative judges of more than 80 pro-reform newspapers
in the last couple of years and imprisonment of dozens of
government supporters, most of them journalists. Reformists
expect both bills to be passed easily by Khatami's large majority
in the assembly, but they could be blocked when they are sent
to the 12-member Guardian Council, which can veto legislation
it says violates Islamic law or the constitution. If a deadlock
emerges between parliament and the Guardian Council, the bills
would be passed to the conservative-dominated Expediency Council
and could be subject to intervention by Supreme Leader Ayatollah
Ali Khamenei, who has the final say on matters of state. Khatami
may attempt to hold a referendum if his efforts fail, and
if that were blocked, could carry out the pledge he made in
May to resign if he felt the reform process had lost its way,
analysts said. They said that could spark a political crisis
and possible social unrest in the country of 65 million people.
From CNN-Middle East, 2 October 2002
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Supreme Court to Clarify Worker
Law
Washington - Supreme Court to Clarify
When Companies Are Small Enough to Avoid Accommodations for
the Disabled - The Supreme Court said Tuesday that it will
clarify when some companies are small enough to avoid complying
with a law requiring wheelchair ramps and other accommodations
for the disabled. An Oregon medical clinic is challenging
a ruling that it must follow the law because it has more than
15 employees.At issue is whether company shareholders in this
case, four doctors also count as employees.The clinic was
sued by an 11-year employee who was fired in 1997. The worker
claimed she was discriminated against because of a disability,
a debilitating tissue disorder. Deborah Anne Wells was demoted,
then pressured to resign because of her illness, her attorney
told the court.Wells filed suit under the landmark 1990 Americans
with Disabilities Act, which protects people with disabilities
from discrimination.Congress exempted small companies from
the law. A split appeals court said that the doctor owners
were also employees, and that their business does not qualify
as a small company.Steven W. Seymour, the attorney for Clackamas
Gastroenterology Associates, told the court that the outcome
will affect small businesses nationwide."Professional
corporations with between 15 and 19 employees are likely to
find themselves caught in the gray zone between small and
large employer categories," Seymour said in a filing.The
Supreme Court heard four cases involving the ADA last year.
All four rulings went against the disabled.The case is Clackamas
Gastroenterology Associates v. Wells, 01-1435.
From ABC News-Politics, 1 October 2002
Bush signs emergency
spending measure
Washington - President Bush signed
a measure Monday providing emergency funding to keep the federal
government running through Friday. The move likely will have
to be repeated, because Congress has not passed the spending
bills for the fiscal year that begins Tuesday. "The resolution
provides appropriations for continuing projects and activities
of the federal government," the president said in a written
statement. "It ensures that government operations continue
without interruption at their current operating level, creates
no new programs, and contains no increases in spending."
The president had to sign the emergency measure - called a
short-term continuing resolution - to prevent any interruption
in government services. The House and Senate passed the measure
last week, ensuring funding through Friday. "My administration
will continue to work with the Congress to ensure that sound
fiscal principles are adhered to as we complete action on
the FY 2003 appropriation bills," Bush said. Lawmakers
are behind schedule, with only five of the 13 spending bills
passed so far in the House and only three in the Senate.
From CNN-Politics, 1 October 2002
New Bills Aim to Protect
Consumers' Use of Digital Media
Washington - The battle being waged
in Washington over copyright in the digital age ratchets up
a notch this week as new legislation is introduced aimed at
clarifying consumer rights. Rep. Zoe Lofgren, D-San Jose,
plans today to introduce the "Digital Choice and Freedom
Act," Silicon Valley's response to a host of Hollywood-backed
bills tilted in favor of copyright holders. Lofgren's bill
would ensure consumers can copy CDs, DVDs and other digital
works for personal use, just as they now do with TV shows
and audio tapes. "This would not authorize someone taking
their digital content and sharing it with a million of their
best friends," Lofgren said in an interview Tuesday.
Instead of creating new rights for consumers, she said, her
bill would ensure that "the rights they have in the analog
world, they have in digital." Rep. Rick Boucher, D-Va.,
plans to introduce similar legislation Thursday. Lawmakers
are wrapping up their business for the year within weeks,
and neither measure has any chance of making it through Congress
by then. Rather, the bills are aimed at staking out the technology
industry's position in a festering dispute that could result
in congressional action next year. The bills also would amend
a 1998 law, the Digital Millennium Copyright Act that makes
it a crime to circumvent technological protections built in
to copyrighted works. Instead, consumers would be allowed
to bypass the technology if the intent is to make a copy for
personal use. The legislation will vie with Hollywood-backed
proposals, filed by Sen. Ernest Hollings, D-S.C., and Rep.
Howard L. Berman, D-Los Angeles, that would embed copy protection
into PCs and an array of consumer devices, and allow the music
and film industry to use aggressive anti-piracy technologies
to thwart unauthorized downloading over the Internet. "The
laws that have passed in recent years have imbalanced the
historical balance between owners of copyrighted works and
users of copyrighted works,'' Boucher said in an interview
Tuesday. "The balance has been tilted dramatically in
favor of owners at the expense of users."
The film and music industries cast
the debate in terms of piracy, arguing that copy protections
are needed to ensure people don't download movies and music
without compensation to the copyright holders. The tech industry
counters that free-flowing downloads of movies, music and
other digital works could drive demand for broadband Internet
connections, which it hopes would in turn spur innovation
and increase sales of new technologies. "If this bill
were to pass, it would render ineffective, worthless and useless
any protection measure we would have in place to protect a
$100 million movie," Jack Valenti, president of the Motion
Picture Association of America, said of the Lofgren bill.
"You could download a million movies a day, and no penalty
for it." Caught in the middle of the debate are consumers,
whose "fair use" rights are in limbo. The courts
have long upheld consumers' rights to make personal copies
of songs, TV shows and other copyrighted works. But the move
to digital raises the question of where to draw the line,
when near-perfect copies can be easily shared over the Internet
with large numbers of other users. "Lofgren's bill aims
to restore what Congress thought it was doing - preserving
fair use for people who have lawful rights to use stuff,"
said Paula Samuelson, a law professor at University of California-Berkeley's
Boalt Hall School of Law. "The Lofgren bill offers meaningful
protections for a number of ordinary activities by consumers
that should be lawful under copyright law but about which
the law is presently ambiguous." Contact Heather Phillips
at hphillips@krwashington.com or (202) 383-6020.
From SiliconValley.com, by Heather Fleming
Phillips, 2 October 2002
Bill Aims at Foreign Web Censorship
A new bill designed to fight foreign
Web censorship has been introduced in Congress. The legislation,
unveiled Wednesday by Rep. Chris Cox, R-Ca., would create
an Office of Global Internet Freedom charged with fighting
Internet blocking and helping Web users in countries such
as China and Syria get around censorship efforts and avoid
punishment. The bill also would allocate $50 million each
year over the next two years to develop and promote anti-blocking
technology. "Just as past governments have banned pamphlets,
jammed radios and committed their gravest atrocities out of
the range of TV cameras, many governments are attempting to
restrict an individual's freedom to receive and exchange information
by blocking the Internet," Cox said in a statement. The
bill, designed to counter authoritarian governments' efforts
to block their citizens from the Internet, would provide technological
means to circumvent censorship tools. The legislation's policy
statement specifically mentions software, including SafeWeb's
Triangle Boy, Peek-a-Booty and DynaWeb, and peer-to-peer network
Freenet-China. The bill also would require the submission
of a United Nations resolution condemning countries that censor
the Web and would require an annual report on nations that
abuse Web freedoms. Access to foreign Internet sites has exposed
citizens of countries with restrictive governments to a wide
range of news and material they were unable to read otherwise.
As a result, countries such as China and North Korea have
stepped up their censorship efforts. For example, Chinese
officials recently arrested a writer who posted information
about that country's problems on U.S.-based Web pages, and
China's government blocked access to Google and AltaVista
last month. Although the amount of money allocated to anti-censorship
tools is relatively small, it could spark a proliferation
of products designed to circumvent filters both abroad and
in the United States. As a result, the bill could create an
unintended clash between U.S. efforts to protect children
from inappropriate material and attempts to thwart foreign
governments from blocking citizen Web access. For example,
federal law in the United States currently requires schools
to filter content or lose federal funding, but some of the
anti-censorship technology could help children get around
the blocking. But that debate will likely be put off until
next year, if it occurs at all. In the final days of a session,
before congressmen return home and turn their efforts to election
season, many congressmen introduce bills that cover issues
important to the lawmakers and to their constituents-even
if they aren't likely to get a hearing. The lawmakers are
essentially previewing issues they plan resurrect next year.
A similar anti-censorship technology bill is expected in the
Senate.
From MSNBC-Technology, by Lisa M. Bowman,
3 October 2002
Deal Announced on Election
Reform - Bill 'Does Justice to the American Voter'
Washington - Lawmakers announced a
deal Friday on a bill to overhaul the nation's election system,
making it, in the words of one Republican, "easier to
vote and harder to cheat" and providing $3.9 billion
to states to help update equipment and train poll workers.
The legislation, expected to win easy approval in both the
House and Senate, was prompted by the furor over the disputed
2000 presidential election, when Democrats said thousands
of ballots in some Florida counties had been improperly counted
or not counted at all. The election was decided when the Supreme
Court effectively closed the door to Al Gore's demand for
further recounts. "Twenty-three months ago, our nation
was thrown into turmoil because we learned a painful reality
- that our democracy did not work as well as it should. ...
The legislation we present to the Congress today rectifies
those wrongs, does justice to the American voter," said
Sen. Christopher Dodd, D-Connecticut. The legislation won't
affect next month's elections, but the overhaul should be
complete by 2004. The measure is billed as the biggest change
to the way the nation votes since the 1965 Voting Rights Act.
The proposal calls for the creation of a new federal agency,
the Election Assistance Commission, to oversee the reforms
that states will have to enact. Negotiators reached a compromise
last night over competing House and Senate versions of the
legislation. Democrats and Republicans differed on several
issues, including how stringent voter identification requirements
ought to be. On that issue, the deal calls for first-time
voters to provide some form of identification, but it does
not have to be a photo identification, the lawmakers said.
A utility bill, for example, could
be used. Voters who register by mail would also have to provide
some form of identification. If there is a question about
a voter's identity, the voter would still have the right to
cast a provisional ballot, which would count if the person's
identity was later cleared. Voters would also have the right
to double-check their ballots and fix them if they think they
made a mistake. Also, the proposal calls for states to compile
a computerized list of registered voters and to ease voting
requirements for the disabled. The legislation asserts that
every citizen has a right to a "private independent ballot."
Currently, blind voters in some states have to relay their
choices to other people, who fill out their ballots. The legislation
calls for states to develop a voting system that would allow
such voters to cast their ballot without assistance. Sen.
Christopher "Kit" Bond, R-Missouri, hailed the deal.
He waved a picture of a dog that he said had been a registered
voter in Missouri. Such mistakes, he said, would be a thing
of the past with the changes. He called it a "powerful
bill that will make it easier to vote and harder to cheat."
The legislation also calls for states to develop uniform and
non-discriminatory standards for counting ballots. That very
issue was at the heart of the presidential election fiasco
in Florida in 2000. Despite new voting machines, Florida was
the site of another election mess last month in the Democratic
gubernatorial primary, when some machines malfunctioned. The
$3.9 billion, which has yet to be approved by Congress, would
be dispersed to the states over a three-year period and allow
for the purchase of new equipment, training and voter education
programs. "Today, the U.S. Congress declares America's
independence from hanging chads, butterfly ballots and a broken
outdated election system that nearly provoked a constitutional
crisis two years ago," said Rep. Steny Hoyer, D-Maryland.
From CNN-Politics, by Kate Snow, 4 October
2002
Gartner: IT Spending
to Rise 7% in 2003
Lake Buena Vista, Fla. - Worldwide
IT spending is expected to rise 7% in 2003 although significant
gains probably won't be seen until the second quarter of next
year, according to a report released today by Dataquest Inc.
at the Gartner Symposium/ITxpo 2002 conference being held
here this week. Spending increases will most likely occur
with "shorter-term, less strategic items" such as
PCs, low-end servers and infrastructure software "that
can help deliver more value out of systems and networks,"
said George Shiffler, principal analyst for Gartner Dataquest's
computing platforms and economics research. Although 47% of
respondents said they don't plan to increase IT spending next
year, 41% said they do intend to. Overall spending increases
will be driven by fixed and mobile telecommunications services,
which are expected to rise 7.5% in 2003 to $1.445 trillion
as companies continue to focus on core operations and look
to reduce their head counts. If telecom services were removed
from overall IT spending projections, total IT spending would
actually show a 0.5% drop in 2002 instead of the 3.4% gain
that San Jose-based Dataquest is projecting. Worldwide spending
on hardware and systems is projected to decline 1.3% for this
year but rise 4.8% in 2003 to $338.8 billion as the PC market
braces for a widely anticipated replacement cycle to occur.
Meanwhile, price competition continues in the server market,
as companies follow a trend toward buying lower-priced boxes,
according to the report. The IT services market is on course
to grow 7.1% in 2003 compared to just 2.8% this year. The
rise will come about because companies are increasingly leaning
toward outsourcing noncore transaction processing functions
with an eye towards reducing costs.
From ComputerWorld, by Thomas Hoffman,
7 October 2002
House Backs New Privacy
Rules
The U.S. House of Representatives has
passed a measure that would require the government to consider
how new laws would affect the privacy rights of its citizens.
As part of a last-minute flurry of activity before it adjourns
for the year, the House voted Monday to require government
agencies to determine how new regulations would affect citizens'
privacy. Efforts to establish greater privacy protections
on the Internet and in the private sector have fallen prey
to partisan deadlock, but Georgia Republican Rep. Bob Barr's
bill, which would limit how government agencies could use
citizens' personal data, has attracted little controversy.
</PThe measure encountered no opposition on the sparsely
populated House floor and was passed by voice vote 6 minutes
after it was taken up. Government agencies would be allowed
to collect personal information from citizens but would be
required to say how that information would be used. Citizens
would have a right to review information collected about them,
which could not be used for other purposes. The measure would
still have to be approved by the Senate before it becomes
law. The bill has drawn support from across the political
spectrum amid worries that new security measures put in place
after the Sept. 11 attacks could prove too intrusive. Privacy
experts told a House subcommittee earlier this year that efforts
to combat money laundering and secure air travel could compromise
citizens' privacy.
From ZDNet, 8 October 2002
Senator McCain Seeks
to Overturn Rules on Campaign Finance Law
Washington - Senator John McCain and
his allies filed a lawsuit against the Federal Election Commission
and submitted congressional resolutions to overturn the agency's
interpretation of a new law governing campaign fund-raising.
McCain and three other lawmakers said rules issued by the
FEC to enforce the election finance law passed earlier this
year would "corrupt" a process that was intended
to prevent corporations, labor unions and wealthy individuals
from giving unlimited donations to political parties known
as "soft money." "A number of commissioners
made no secret of their dislike for the law," McCain,
an Arizona Republican, said. "They are entitled to their
opinion on the merits of the law, but they are not entitled
to substitute that opinion for the judgment of Congress."
National Republican and Democratic committees raised roughly
$500 million in soft money in the 2000 federal elections,
races that cost $3 billion overall. After seven years of trying
to pass a law to ban soft money, McCain and Democratic Senator
Russ Feingold pushed through Congress the first overhaul of
election laws since the Watergate scandal in 1972. With its
new rules, the FEC created loopholes that will allow political
parties to continue to raise and spend soft money and "fly
in the face of" the bill's language and the intentions
of Congress, McCain said. FEC Chairman David Mason disagreed.
"I don't believe what the commission did was corrupt
or that any of the individual commissioners are corrupt,"
he said. "I prefer to have a discussion about the substantive
issues involved, not get into labeling or name calling."
Other Court Fights - The clash between the campaign finance
bill's backers and the FEC is the latest in a battle that
began when the legislation was passed in March. Opponents
of the law have sued to overturn some provisions, such as
restrictions on political advertising by independent groups,
which they argue are unconstitutional. The case is expected
to go to the U.S. Supreme Court. Today's suit asks the U.S.
District Court in Washington to vacate the FEC rules. McCain
and Feingold want Congress to pass a resolution that would
accomplish the same thing, though they said it was unlikely
to come up for a vote before next year. "We are demonstrating
our resolve," Feingold, of Wisconsin, said. "We
are not going to allow loopholes created by the FEC to set
aside seven years of hard work."
At the heart of McCain and Feingold's
complaint are regulations approved by the FEC that they say
are not provided for in the law. 'Grandfather Clause' - For
example, the law says the soft money ban extends to entities
"directly or indirectly established, financed, maintained
or controlled" by the national political parties. The
FEC rules, McCain said, created a "grandfather clause"
that would allow the parties to create other organizations
that could raise soft money, so long as they were established
before the law takes effect Nov. 6. Another point of contention
is whether federal politicians may solicit soft money. The
law says that solicitation is prohibited. The FEC defined
``solicit'' as "to ask." The lawmakers said that
may create a loophole that would let politicians raise soft
money by merely suggesting or recommending that donors contribute
soft money to state party committees or other organizations
that can accept it. "We just want them to uphold the
law, not to make up the law," said Representative Christopher
Shays, a Connecticut Republican who co-sponsored the law in
the House. The FEC approved the rules June 22 on a 5-1 vote.
"Obviously, the majority of the commissioners who adopted
the regulations believe those regulations are right and appropriate,"
said FEC spokesman Ron Harris. "We hope and expect Congress
and the courts will ultimately come to that conclusion."
Public interest groups that lobbied for the bill, such as
Common Cause and Democracy 21, are also lining up to help
the lawmakers challenge the FEC. "We worked long and
hard to see that campaign finance reform passed," said
Common Cause President Scott Harshbarger. "We will not
let rogue commissioners take an ax to it."
From Bloomberg-Politics, by Glen Justice,
9 October 2002
Supreme Court Debates
Government Seizure of Wireless Licenses
Washington - The Supreme Court debated
Tuesday whether the government was out of line when it seized
unused wireless licenses from a young company that had promised
to provide better, cheaper cell phone service. The case is
important for consumers because it affects the future of wireless
networks in many overcrowded markets. The Federal Communications
Commission and NextWave Telecom Inc. have been battling over
the airwaves slices since the New York company won them in
an auction in 1996, then filed for bankruptcy protection before
paying for them. Some justices seemed skeptical of claims
that FCC rules allow it to cancel licenses owned by a company
that is reorganizing its finances. Justice David H. Souter
said the commission let NextWave keep its licenses for months
without making payments, then seized and resold them when
the commission had buyers willing to pay much higher prices.
The Supreme Court's decision is expected to take at least
several months. The case involves wireless spectrum in dozens
of markets, including Chicago, Los Angeles, New York, Philadelphia,
San Francisco, Seattle and Washington. "This has been
an unusually big mess," said Howard Shelanski, a law
professor at the University of California, Berkeley. "Consumers
should be concerned because any available spectrum could bring
them lower prices for existing services and new kinds of wireless
services." For telecommunications companies and investors,
huge amounts of money are on the line. NextWave had agreed
to pay $4.7 billion for the frequencies in 1996. The Hawthorne,
N.Y.-based company failed to keep up with payments and filed
for bankruptcy protection two years later. The FCC sold the
licenses last year to Verizon Wireless, VoiceStream Wireless
and other companies at a second auction for nearly $16 billion,
but an appeals court nullified the second sale. The Supreme
Court will decide whether the lower court was right. Paul
D. Clement, arguing on behalf of the FCC, said NextWave did
not provide services to customers and the government was justified
in reclaiming the unused licenses. Donald Verrilli Jr., NextWave's
lawyer, said bankruptcy laws protect companies that are reorganizing
their finances from having assets seized. NextWave was formed
in 1995 and promoted a nationwide cellular calling plan and
10-cent-a-minute service, far cheaper than what was offered
by large wireless companies. The company still wants a chance
to compete for wireless customers. Rebecca Arbogast, a Washington-based
telecommunications analyst for Legg Mason, said the case is
being closely followed by the industry, and not just because
of the highly coveted licenses at stake. "There's been
an element of drama, rising fortunes and falling fortunes,
that tracks the industry in general," Arbogast said.
"There's a question of who's going to be left holding
the bag and who makes out like a bandit." In Tuesday's
argument, justices said they were mindful that the outcome
of the case could affect other situations in which someone
has a government license and encounters financial trouble.
Justice Antonin Scalia gave the example of a driver's license
being taken from someone whose fines were part of a bankruptcy
proceeding. The cases are FCC v. NextWave Personal Communications,
01-653, and Arctic Slope Corp. v. NextWave, 01-657.
From Nando Times-Technology, by Gina Holland,
9 October 2002
Costa Rica Plan to
Fight Child Labor
Costa Rica on Tuesday announced an
ambitious plan to stamp out child labor nationwide by providing
small loans and economic aid to families with children of
all ages. Labor Minister Ovidio Pacheco said that 72,000 Costa
Rican children between the ages of 5 and 16 have been pressed
into the work force illegally by parents desperate for another
source of income. He said another 147,000 teens between the
ages of 16 and 18 are forced to quit high school and go to
work. Costa Rican law prohibits children ages 15 and under
from working and restricts 16- to 18-year-olds from working
more than six hours a day or from taking overnight shifts.
"This has been a problem for many years and it has never
been confronted by the state," Pacheco said. "We
are going to take it on like never before." While Pacheco
refused to discuss how much money will be earmarked for the
new plan, he said the government would offer subsides to families
with young children and scholarships designed to keep older
kids in school. He said some families would even qualify for
bonuses allowing them to make home improvements or buy property.
From CNN, 10 October 2002
Argentina President
Urges Party Unity
Duhalde wants 'primary without any
problems' - Interim Argentine President Edward Duhalde said
on Monday it was vital that his Peronist Party set aside internal
rifts quickly to ensure primary and presidential elections
can take place as planned. Officials said Duhalde met over
the weekend with the running mate of his arch rival, former
President Carlos Menem, in a bid to smooth over differences
and devise a strategy to keep the Peronist presidential primary
vote scheduled for December 15. "I think it is urgent
that the candidates agree this week to ... (help) guarantee
all Peronist candidates can take part in the primary without
any problems or difficulties," Duhalde told reporters.
He said the Peronist Party primary vote could be delayed "a
couple of weeks" if necessary without disrupting the
timing of the scheduled March 30 presidential election, but
no more than that. Duhalde is not running in the election.
Duhalde wants a new electoral board appointed to oversee the
Peronist primary vote and guarantee a timetable after a recent
court ruling countered his plans to force all parties to hold
their primaries in mid-December. A separate ruling is pending
on whether Duhalde's decision to bring elections forward by
six months to defuse simmering social tensions - a move Congress
did not formally back - was constitutional. Analysts and commentators
alike say the Peronist Party primary election is likely to
determine who will become the next president of Latin America's
No. 3 economy, still reeling from a default on the lion's
share of $115 billion in public debt and a sharp currency
devaluation. Duhalde, named Argentina's fifth leader in two
weeks after the elected government was toppled amid riots
in late 2001, last week urged lawmakers to endorse the March
30 vote date - which potentially could stave off legal roadblocks.
The government is worried that legal problems could hamstring
the vote, seen as crucial to help stabilize Argentina as it
tries to claw out of a grinding four-year recession and head
off growing protests over searing poverty. Ensuring that the
election process remains on track also would remove another
question mark clouding long-running aid talks with the International
Monetary Fund. Duhalde said he hoped to seal a long-elusive
IMF aid deal that Argentina desperately needs to buy time
to rescue the economy "in the first few days of November."
But he and his team are known for overly optimistic forecasts,
and analysts say any deal - likely to be essentially a rollover
of nearly $15 billion in debt owed to multilateral lenders
this year and next - is still several weeks away. The IMF
has yet to respond publicly to Argentina's observations on
an aid blueprint draft that were sent to fund headquarters
in Washington last week. Sticking points include IMF-endorsed
demands for a sharp hike in foreign-owned utility tariffs,
and tighter fiscal targets. The government also must find
a way to ease a freeze on bank accounts imposed to halt a
bank run in January, as well as a plan to restructure the
crippled financial system.
From CNN, 21 October 2002
Congress Tweaks 527
Law
In an unusual act of comity between
campaign finance watchdog groups and some of their onetime
foes, Congress passed a law significantly altering federal
reporting requirements for stealth political organizations
during late-night sessions last week. For the past two weeks
reform advocates and several key GOPand Democratic lawmakers
secretly hashed out language to fix a number of perceived
problems to a campaign finance reform law passed in 2000 that
was aimed at shining a light on so-called 527 organizations.
President Bush is expected to sign the measure. Reform advocates
from Common Cause, Public Citizen and the Campaign Finance
Institute hailed the new bipartisan measure sponsored by Sens.
Joe Lieberman (D-Conn.) and Kay Bailey Hutchinson (R-Texas)
and Reps. Kevin Brady (R-Texas) and Lloyd Doggett (D-Texas)
as a way to significantly enhance public disclosure of contributions
to and expenditures by 527 political action committees. "A
number of obstacles were overcome," said Steve Weissman,
associate director for policy at the Campaign Finance Institute.
"There was a mutual desire by all these groups to get
what we wanted done, and that forced this united approach."
Even though he supported the corrections, Doggett, whose previous
attempts to reform the bill were thwarted by House Republicans,
complained on the House floor that a new law was being passed
late in the evening on the night before the House was leaving
town to campaign. "It is particularly ironic that this
bill, which has not been before any committees of the House
or voted upon by any Member of the House of Representatives
until tonight and which deals with open government should
be brought up in this manner," he said.
The bill is not without critics, who
believe it has the potential to gut the original intention
of the law. The original reform measure aimed to root out
secret PACs taking advantage of Section 527 of the tax code
to operate in the shadows while collecting millions in soft
money to fund issue ads, phone banks and direct-mail campaigns.
The new law would exempt state and local political organizations
- as well as the national party committees that already report
their activities to a state election board - from having to
provide information to the IRS as well. Since the original
law was enacted, state and local groups such as the National
Conference of State Legislatures have complained that it forces
them to disclose their activities to the IRS when they are
already required to do so with their state governments. Organizations
are exempt from reporting to the IRS only if they focus solely
on state or local elections and do not have a federal candidate
or officeholder playing "any material role in the organization
or raising money for it," according to the bill's language.
Those concerned that the measure will actually reduce detection
of the stealth PACs fear that such language is hard to define
and coordination by elected officials is always difficult
to detect and enforce. There is widespread support, however,
for several provisions of the new law. Those organizations
that file to the IRS must now disclose the date of each contribution
and the purpose of each expenditure. The law also aims to
improve how the IRS provides information about these groups
to the public. It would mandate that organizations file electronic
reports to the IRS to make the information available to the
public quickly, avoiding the months of delays that currently
exist between reporting deadlines and the time the public
is able to access the information on the IRS Web site. The
bill would also require the IRS to make the data on its Web
site available in a searchable and downloadable format. Doggett
acknowledged the need to eliminate any duplicative filing
but offered only tepid praise for that provision. "I
suppose that changing this provision is not a great loss,"he
said, "but it is clear that less information will be
available than exists under current law there. And in return
for that change made, there are some other changes that Ithink
are positive ... that will make more accessible the access
to information on Web sites."
From Roll Call, by Susan Crabtree, 21 October
2002
New Law Will Notify
Consumers of 401(k) Lockouts
Washington - Workers with 401(k) retirement
plans are getting a new legal protection next year, a regulation
that requires 30 days notice before a company can block access
to retirement savings accounts for administrative changes.
The Labor Department issued the regulation Monday, to take
effect Jan. 26. Congress ordered the rule as part of a corporate
accountability law passed this summer. Congress has failed
to pass legislation strictly to tighten protections for workers
with 401(k) plans. The 30-day notice of blackout periods was
about all Republicans and Democrats could agree on, so it
was included in the corporate accountability bill that passed.
About 40 million Americans have about $1.5 trillion invested
in 401(k) plans. Plan administrators who fail to provide the
30-day notice can be fined up to $100 per day per plan participant.
Companies are not required to notify the Labor Department
of a blackout period. Notices to workers must contain reasons
for the blackout period, a description of participants' rights
being suspended during the time, the start and end dates and
a statement advising participants to evaluate current investments
based on their inability to make changes during the blackout
period. Those requirements "will create incentives for
companies to keep blackouts as brief as possible," said
Ann Combs, assistant labor secretary for pension and welfare
benefits. Corporate executives also will be barred from selling
company stock or exercising options during blackout periods.
Details of that requirement will be issued by the Securities
and Exchange Commission. The Bush administration publicized
the regulations in President Bush's radio address Saturday.
The White House has its eye on the
Nov. 5 elections that will determine control of Congress.
Bush hopes to deflect Democrats' claims that the economy has
worsened during his presidency, and he has done little to
help. At least one proponent of stronger consumer protections
criticized the White House and Congress, saying much more
needs to be done. The White House "is trying to make
this into a big deal. This is not a big deal. In fact, this
is a red herring," said Karen Friedman, policy director
for the Pension Rights Center. "The so-called blackout
period is a very small part of the problems that were created
in the fallout of Enron and WorldCom." The law in part
responded to the predicament of Enron Corp. workers, many
of whom lost their retirement savings when the company's stock
value plummeted last year. Thousands of workers were barred
for weeks from accessing their accounts as the retirement
plan changed administrators. The 20,795 participants had about
63 percent of their assets invested in company stock. Under
intense pressure from business groups, Congress has done nothing
to limit how much company stock that workers can invest in
as part of their 401(k) plans. Some Senate Democrats favored
imposing limits that would force plan diversification, but
an agreement was not reached and the Senate failed to act
on any 401(k) legislation. The Republican-controlled House
passed a bill that includes a provision to allow workers to
receive investment advice from the same companies that manage
their 401(k) retirement accounts. Republicans say that would
help workers diversify their accounts, but Democrats claim
the advice would be tainted by financial conflicts of interest.
From Nando Times-Business, by Leigh Strope,
22 October 2002
Canadian Families Moving
Away from Traditional Model, Census Figures Show
Canadians are living in smaller households
than in recent decades, according to figures from the nation's
2001 census. The figures announced Tuesday show that America's
northern neighbor is moving away from the traditional family
model of husband, wife and kids. Households of four or more
people comprised about a quarter of all Canadian households
in 2001, compared to a third two decades earlier, Statistics
Canada said in releasing the census results. The number of
households, meanwhile, rose 6.9 percent since 1996 to 11.6
million, indicating couples were having fewer children than
in the past, the statistics agency said. Other contributing
factors are couples who live longer, creating smaller households
after their children move out, and divorce or breakups that
create two smaller households, according to the agency. ''The
2001 census showed that there's a continuation in the decline
of what used to be called the traditional family - mom, dad
and the kids,'' said Pierre Turcotte, a Statistics Canada
analyst. In the United States, married couples with children
under 18 - the classic nuclear family - made up 23.5 percent
of all households in the 2000 census. The U.S. figures showed
an increase in the percentage of single-person households
and unmarried-couples over previous census results. For the
first time, the Canadian statistics agency collected census
data on same-sex partnerships. Canada refuses to provide marriage
certificates to same-sex couples, though some churches have
blessed such unions. More than 34,200 same-sex, common-law
couples were counted in the 2001 census, representing 0.5
percent of all Canadian couples and 3 percent of common-law
couples.
From MSNBC, 23 October 2002
Education Secretary
Urges Standards
Washington - In Letter, Education Secretary
Rod Paige Urges Schools to Keep Standards High - Education
Secretary Rod Paige this week used a sternly worded letter
to warn school districts nationwide not to lower their academic
standards, saying those who do are "the enemies of equal
justice and equal opportunity." While praising states
that are working to implement the "No Child Left Behind"
reforms sought by President Bush and passed by Congress, Paige
called those resisting the reforms "apologists for failure"
and predicted, "they will not succeed." Wednesday's
letter, one of several Paige has dispatched over the past
few months, was the most strongly worded yet, suggesting that
federal officials will keep tabs on states that lower standards
so more students can be labeled "proficient." The
law singles out schools with high numbers of students whose
basic math and reading skills are substandard, but lets states
decide what those standards will be. Paige has said that giving
a national skills test, the annual National Assessment of
Educational Progress, or NAEP, will show which states' standards
are low, but the law attaches no penalties to low NAEP scores.
Education Department officials have said the public embarrassment
of low NAEP scores could urge states to raise their standards.
But several state education officials say the new law already
punishes states with high standards, forcing them to offer
school transfers and expensive tutoring using federal funds
that would otherwise go to classrooms. For instance, in Texas,
which has 4.1 million students, state officials there have
identified only 46 underperforming schools. But Michigan,
with only 1.7 million students and higher standards, has 1,513
underperforming schools. "There are states, like Michigan,
that don't see that they can comply with it," said Brenda
Welburn, executive director of the National Association of
State Boards of Education. "It was something that we
almost anticipated, because there are such differences in
state standards," she said. "We've got one federal
law, but we've got 50 state standards." Welburn said
she knows of no state officials who are consciously lowering
standards, but added, "They certainly are terrified that
they're going to lose federal dollars if they can't fully
comply with the law. "Ross Wiener, director of policy
for The Education Trust, a Washington organization that advocates
for urban and minority students, said Paige's letter is a
clear signal that the federal government will monitor state
standards." States set their standards, and this law
says we've got to try ways we haven't before to help kids
meet those standards," Wiener said. "The secretary
is right in acknowledging it's hard work, it's not going to
be easy, but it's important work.
From ABC, 24 October 2002
Fed's Ferguson Upbeat
on Productivity
Washington - Federal Reserve Vice Chairman
Roger Ferguson on Thursday said he was convinced U.S. worker
productivity has trended upward in recent years, echoing a
similar sentiment voiced only a day earlier by Fed chief Alan
Greenspan. "Let me state right from the outset that I
continue to be cautiously optimistic about productivity growth
in the United States. Based on my reading of the data and
my understanding of numerous business case studies, I believe
that trend labor productivity in the United States accelerated
in the mid-1990s," Ferguson said in prepared remarks
to the London Business School. A text of his remarks was released
in Washington. Productivity, or output per worker hour, is
a key determinant of long-run economic growth. Productivity
measures surged in the mid-1990s after showing slow growth
since about 1973, leading some economists to question the
permanence of the recent gains. "I tend to believe that
future growth will most likely follow the 1960-1973 pattern,
and the most recent record of productivity growth reinforces
that view," he said. While productivity growth typically
declines during an economic recession, such as the one the
United States endured in 2001, it instead held up well during
the downturn. Ferguson theorized firms were able to squeeze
more out of smaller work forces, aided by investments in new,
more efficient equipment in recent years. On Wednesday, Greenspan
said "it seems reasonable" to conclude the gains
seen in the past decade had not yet faltered. Fed policymakers
are set to meet on Nov. 6 to mull interest rate policy. While
two members of the 12-member policy panel sought lower rates
at September's meeting, the rest decided to hold rates steady,
citing, in part, "still-robust underlying growth in productivity."
After going on an investment binge, particularly in the high-tech
sector, in the 1990s, firms have been wary of making new capital
investments lately, waiting for the economy to pick up steam
and corporate bottom lines to improve. While Ferguson said
some sectors of the economy continue to suffer from too much
capacity and ailing profitability, he also said that was not
the case overall. "In the aggregate, the underlying picture
of both corporate profits and capital spending is not as bleak
as the experiences of some industries suggest," he said.
"Ultimately, if I'm right about the stronger underlying
pace of productivity growth, aggregate profits will continue
to recover once the sectoral imbalances are eliminated."
One the drivers of high-tech investment at the end of the
1990s was the so-called "Y2K bug," a potential glitch
in date recognition in older computer systems that companies
spent billions to eradicate. While many economists noted the
peak in investment coinciding with century date change, Ferguson
said many executives also found Y2K investments helpful in
increasing efficiency. "The net effect of Y2K on our
economy is still very much an unanswered question, and I'd
like to see the research community systematically address
it," he said. Ferguson also said the high-tech sector,
hard-hit by the U.S. downturn, should see better times ahead.
"I can't give you an exact date or time, but I will assert
that its economic prospects still seem positive over the long
run," he said.
From ABC News-Business-Wire, 24 October
2002
Ontario Introduces
Drinking Water Bill
Oakville - The Ontario government says
the Safe Drinking Water Act it introduced in the legislature
on Tuesday afternoon will give people in Ontario the cleanest
and safest drinking water in the world. The legislation is
a response to the recommendations from the Walkerton Inquiry
- the probe by Justice Dennis O'Connor into the water contamination
that killed seven people and made thousands sick in May 2000.
Ontario Premier Ernie Eves said the bill will require: - licences
for all labs, 'a first in Canada'; - a new position of chief
drinking water inspector; - annual reports by the government
to the legislature; - new standards for water testing, treatment,
distribution and quality. Eves also said the government is
taking action to protect drinking water sources to prevent
contaminants from getting into the system. The Walkerton disaster
began when fecal material from a cattle farm got into the
town's well water. Critics complained that the bill did not
address source contamination. But Ontario Environment Minister
Chris Stockwell said O'Connor called for two separate bills,
and the government will do that. A bill on water sources could
be ready in the spring, he said. "We're married to the
O'Connor report," he told CBC Newsworld. Critics also
complained the bill did not promise the billions of dollars
needed to upgrade Ontario's waterworks. Consumers will pay,
Stockwell suggested. Ontario residents today pay much more
for monthly cable TV service than they do for water, and water
"can kill you," he said. The first part of O'Connor's
report made 28 recommendations. Eight have been implemented
and 20 more are under way, Eves said. Part two of O'Connor's
report contained 93 recommendations. The new legislation will
enable the government to implement 50 of them, he said. Twenty
have been dealt with, the provincial Ministry of the Environment
is working on 13 others, and 10 require federal action. Discussions
on those are under way, Eves said. Eves, a Conservative, thanked
a New Democrat member of the legislature, Marilyn Churley,
who introduced a private member's bill on drinking water.
He said she provided a blueprint for the government to follow.
In September, Ontario's environmental commissioner criticized
the government for failing to keep track of water quality
in rural areas.
From Canada-CBC Newsworld, 29 October 2002
Bush Signs Election
Changes
One week before Election Day, President
Bush signed legislation Tuesday revamping the nation's voting
system and guarding against the kinds of errors that threw
his own election into dispute two years ago. "When problems
arise in the administration of elections, we have a responsibility
to fix them," Mr. Bush said Tuesday as he gathered several
Democratic and Republican lawmakers behind him. The measure,
which passed Congress overwhelmingly, sets the first federal
standards for registration and voting, and authorizes almost
$4 billion to buy new voting machines around the country,
reports CBS News Correspondent Bob Fuss. "Every registered
voter deserves to have confidence that the system is fair
and elections are honest, that every vote is recorded and
that the rules are consistently applied. The legislation that
I sign today will add to the nation's confidence," Mr.
Bush said. The ceremony, staged in a White House office-building
auditorium, began Mr. Bush's two-day respite from campaigning
for GOP House, Senate and gubernatorial candidates in next
Tuesday's elections. Under the "Help America Vote Act,"
states will receive $3.9 billion in federal money over the
next three years to replace outdated punch-card and lever
voting machines or improve voter education and poll-worker
training. The new law's protections against voting error will
not affect next week's balloting but are scheduled to be mostly
implemented in time for the 2004 congressional and presidential
vote, which will most likely include Mr. Bush's re-election
bid.
It was Mr. Bush's bitter 2000 Florida
recount battle with Democrat Al Gore - with its confusing
"butterfly ballots," half-perforated punch ballots
and allegations of voter intimidation - that gave rise to
the legislation. Mr. Bush's election was ultimately decided
by the U.S. Supreme Court. The president made no mention of
that Florida debacle in his brief speech. The state, governed
by the president's younger brother Jeb, more recently had
a rocky Sept. 10 primary. Various problems delayed some vote
tallies for a week and polling places did not open on time.
The federal government will post civil rights monitors at
the polls in several Florida counties next Tuesday. Rep. John
Conyers, Jr., dean of the Congressional Black Caucus, accused
Mr. Bush even before the ceremony of playing hypocritical
games with the issue. Conyers recalled that Mr. Bush vetoed
over the summer a $400 million "downpayment" on
overhauling the election system. "Without funding this
bill is an empty shell and the president's signature is a
cruel and empty promise," said Conyers, D-Mich. The House
approved election changes late last year and the Senate followed
suit in April, but Republican demands for strong anti-fraud
provisions stalled reconciliation of the two versions for
months. Lawmakers did not send a final bill to Mr. Bush until
last Wednesday. "This has been a long marathon, but the
finish line is finally in sight and the winner is the American
public," said Senate Rules Committee Chairman Chris Dodd,
D-Conn. "This landmark legislation will ensure that everyone
not only has the right to vote on Election Day, but that their
voice is heard." Beginning Jan. 1, first-time voters
who registered by mail will be required to provide identification
when they show up at the polls. By the 2004 vote, states will
be required to provide provisional ballots to voters whose
names do not appear on voter rolls.
Those provisional ballots would be
counted once valid registration is verified. For 2006 balloting,
states will be required to maintain computerized, statewide
voter registration lists linked to their driver's license
databases. States will also be required to have voting machines
that allow voters to confirm the way they marked their ballot
- and, if necessary, change their votes - before they are
finally cast. Such voting software was tested in one jurisdiction
in the 2001 Virginia gubernatorial election. The Century Foundation,
which reviewed the results, found that the "lost vote"
rate went from between 600-700 votes in the 2000 election
to just one vote in 2001, said Tova Andrea Wang, a staffer
to the National Commission on Federal Election Reform who
later oversaw the foundation's study. "The bill goes
a long way toward addressing a lot of the problems, but the
extent to which the bill works relies on what the states do
because they are given a lot of discretion," said Wang.
"A new polling machine is fine and great as long as people
know how to use it, and there's no specificity in the legislation
on poll-worker training and voter education." Wang and
other election experts also worry that discriminatory enforcement
of the voter-ID requirements could especially disenfranchise
minorities, the poor, immigrants and students. She called
the provision "something that may have to be revisited."
From CBS News-Politics, 29 October 2002
Feds Release Guidelines
for Securing IT
The federal government on Tuesday released
for comment a new set of guidelines for securing computer
systems and networks. Although the guidelines are intended
for use by government agencies, officials at the National
Institute of Standards and Technology are hoping that enterprises
will adopt them as well. The guidelines spell out in detail
the method that security specialists should use in assessing
the overall security, integrity and availability of a system.
It also lays out steps for selecting and deploying security
controls. Titled "Guidelines for the Security Certification
and Accreditation of Federal Information Technology Systems,"
the document enumerates three separate certification levels
for federal systems: Security Certification Level 1 (SCL-1),
SCL-2 and SCL-3. The levels are based on the amount of concern
for security, confidentiality and availability that network
operators have for a particular system. Each level has its
own verification techniques, ranging from a checklist-based
independent security review and personnel interview for SCL-1
to a system design analysis, regression analysis and penetration
testing for SCL-3. NIST is also planning to hold a meeting
in early 2003 to consider developing a way to test the technical
competence of third parties to conduct the security reviews
spelled out in the new guidelines. "This is a very significant
step toward making the federal government's computer systems
more secure," said Phillip Bond, undersecretary for technology
at the Department of Commerce in Washington, which oversees
NIST. "It gives agencies a comprehensive, yet flexible
way to ensure that their computers are as safe as they should
be." The guidelines are open for public comment through
Jan. 31, and are available on the NIST Web site.
From eWeek, by Dennis Fisher, 31 October
2002
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U.N.: Global Economic Growth Slower
than Expected Through 2003
Declining U.S. stock prices, economic
turmoil in Latin America and uncertainty in the Middle East
will delay the global economic recovery until at least the
middle of next year, a revised U.N. forecast said. The Global
Economic Outlook issued Wednesday predicted economic growth
of just 1.7 percent this year and 2.9 percent next year -
down from April's forecast of 1.8 percent and 3.2 percent,
respectively. It forecast 2.3 percent economic growth in the
United States this year and 3.2 percent in 2003. Economists
from around the world predicted in April that the global economic
recovery would reach full momentum in the second half of this
year. But the new report forecasts that peak economic recovery
will not occur until around mid-2003. "Not only that,
the sustainability of the ongoing recovery remains subject
to a number of uncertainties," it said. The rising "geopolitical
tensions" in the Middle East are an economic wild card,
the decline of U.S. stock prices is of historic dimensions
in terms of duration and severity, and the financial crisis
in Argentina has spilled into Latin America, the forecast
said. Corporate scandals also are increasing in industrialized
countries, especially the United States, the forecast said.
The Mideast turmoil triggered an increase in oil prices of
more than 50 percent from January through September, adding
to economic problems in many countries, it said. "These
new factors, plus the havoc wreaked by unusually large natural
disasters such as floods and drought in a number of economies,
have exacerbated the original weaknesses in the world economy,"
the economists said. "In fact, in mid-2002 these developments
almost aborted the tentative recovery." The economists
warned that a prolonged continuation of the stock market slide
in the United States could push the global recovery to beyond
mid-2003.
The Global Economic Outlook is based
on submissions by global economists ahead of this week's meeting
in Bologna, Italy, of Project LINK, a cooperative, non-governmental
research effort coordinated by the U.N. Department of Economic
and Social Affairs and the University of Toronto. The economists
said the United States will remain the main engine for economic
growth "but with not much momentum." "Following
the mild recession of 2001, the United States has been on
a path of economic recovery, but the strength of the mending
process has remained anemic," the report said. Economic
recovery in Japan and Western Europe "will remain fragile,"
with the Japanese economy "dragged down by fiscal and
debt difficulties" and European economies constrained
by fiscal and monetary policies. In west Asia, economic growth
is subject to great uncertainty because of the increased volatility
in oil prices and mounting geopolitical tensions, the report
said. The biggest drag on the world economy is Latin America,
primarily because of an estimated 12 percent contraction in
Argentina's economy this year that also has affected Brazil,
Paraguay and Uruguay, it said. Concern about Brazil's large
debt has been exacerbated by uncertainties about its future
government policies, it said. Brazil will hold a runoff presidential
election Oct. 27. Nonetheless, the outlook reported that prospects
for economic growth remain good in some countries and regions.
China remains the top performing economy, with expected growth
of 7.7 percent this year and 7.5 percent next year, it said.
The economies of the former Soviet Union and Eastern Europe
are projected to maintain their recent pace, with 3.4 percent
growth this year and 4.0 percent next year. African economies
are expected to grow by only 2.7 percent in 2002 - less than
the rate at which the population is expanding - but growth
will increase to about 4 percent in 2003, mainly because of
strengthened domestic economic factors, it said.
From Associated Press, by Edith M. Lederer,
10 October 2002
U.N. Conference to
Discuss Implementation of Kyoto Protocol on Climate Change
New Delhi, India - Weather catastrophes
around the world show there is little doubt the Earth's climate
is changing, the outgoing head of the U.N. Framework Convention
on Climate Change warned Wednesday. The Earth is facing a
''worrisome situation, with catastrophes occurring daily,
causing enormous damage and making climate change an undeniable
reality,'' said Mohamed Elyazghi of Morocco, the outgoing
president of the U.N. Convention, at a conference aimed at
reducing greenhouse gas emissions and curb global warming.
The 10-day U.N. Climate Change Convention is to focus on preparing
governments and civilians, especially in developing countries,
for the 1997 Kyoto Protocol on climate change, which comes
into effect early next year. Government leaders and environmental
scientists from around the world were gathering to discuss
implementation of the landmark accord, which calls for cuts
in carbon emissions. The United Nations says recent climate
disasters around the world - from droughts in India to floods
throughout Europe - are potent reminders of the expected consequences
of global warming. Environmentalists warn rising temperatures
will increase the frequency and severity of heat waves and
tropical cyclones, while possible shifts in climate patterns
could lead to changes in rainfall patterns, leading to more
intense floods and droughts. Rules for implementing the accord
were concluded last year in Morocco. The convention in New
Delhi was to focus on financing for projects to help developing
countries adopt climate-friendly technologies for reducing
carbon dioxide and other heat-trapping gases. T.R. Baalu,
India's minister for environment and forest and the new conference
president, said: ''Higher priority should be given to adaptation
... keeping in view that those with the least resources have
the least capacity to adapt and are the most vulnerable.''
Baalu said developed countries must take the lead in changing
their habits, and those that have signed the protocol are
committed to taking steps that reverse the damage. While delegates
at the conference worked out the nitty-gritty of speeding
up funding to implement the protocol, nongovernment organizations
held separate meetings where they criticized the slow pace
of achieving emission reduction targets and the lack of funds
for developing countries to adopt cleaner technologies. ''We
believe the Kyoto protocol is woefully inadequate in curbing
emissions, considering the enormity of the problem confronting
us,'' said Kate Hampton of Friends of the Earth International.
Environmental activists also warned of the dangers of partial
solutions to the problem. ''We have to ensure that the Kyoto
protocol comes into force, and at the same time work for cleaner
technologies. We shouldn't get sidetracked, nor allow the
treaty to be watered down,'' said Karla Schoeters of the Climate
Action Network, a Brussels-based NGO. So far, 96 countries,
including India and the European Union countries, have ratified
the Kyoto Protocol, which was negotiated in 1997. Afghanistan
became the latest country to ratify on Sept. 19, announced
Joke Waller-Hunter, the U.N. conference's executive secretary.
The United States has refused to ratify the agreement, saying
it will be too costly for industries. U.N. organizers said
the convention would be attended by more than 3,000 delegates
from the United Nations' 185 member states.
From MSNBC, 23 October 2002
A Free Country
About five years ago, the United Nations
set up a high-level process to establish the future shape
of communications and information throughout the world. The
UN figured that the breakneck speed of the information economy
could result not only in vast areas being excluded from the
emerging information society, but also in the denial of fundamental
consumer and civil rights. So began a long and complex process
now called the World Summit on the Information Society (WSIS).
Its mandate, in the words of its organisers, is to "develop
and foster a clear statement of political will and a concrete
plan of action for achieving the goals of the information
society, while fully reflecting all the different interests
at stake". But whose goals should be reflected? With
the UN in firm control of the process, there was a theoretical
possibility of consumers, human rights organisations and developing
countries having a say about the shape of the information
economy. As large corporations moved steadily towards wresting
absolute control over the direction of new economies, the
emerging UN policy process was widely hailed as an opportunity
to achieve a balance in favour of the consumer. Three years
later, the UN dropped the ball. Management of the WSIS structure
changed from Unesco to the International Telecommunications
Union, a consortium of the world's most powerful communications
companies. The civil rights organisations, consumer groups
and non-government organisations that had been promised a
prominent role in the process were promptly excluded. These
citizens' groups are planning a legal challenge, claiming
that the UN is in violation of its own constitution. For the
sake of future freedoms in this crucial area of our lives,
perhaps the UN should take note of the protest and regain
control over WSIS.
From The Daily Telegraph, 18 October 2002
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Kenya Lawyers Boycott to Save Draft
Constitution
Thousands of lawyers boycotted courts
in the Kenyan capital on Wednesday over efforts by President
Daniel arap Moi and two top judges to scuttle a draft constitution
which limits presidential power. ''Why bother hiring a lawyer
when you can buy a judge!'' blazed the sea of placards surrounding
Law Society of Kenya (LSK) Chairperson Raychelle Omamo as
she spoke at the protest against judicial interference in
the constitutional debate. ''We demand that the process to
change the law be allowed to go on, and we want dialogue with
those opposed to the law at the constitutional conference,''
Omamo told about 2,000 lawyers outside the High Court buildings
after a march in Nairobi. Experts reviewing Kenya's constitution
unveiled proposals in the new draft late last month that would
introduce checks on presidential power and overhaul a judiciary
perceived by many as a servant of the government's executive
branch. Two of Kenya's top judges filed a suit to prevent
public and parliamentary debate on the draft, after trying
to stop the constitutional review team from publishing a work
which seeks to give parliament more power and reform the judiciary.
Critics, who hope a new constitution could be in place before
the elections expected in December, say Moi's enormous presidential
powers under existing law give his ruling KANU party an unfair
advantage over rivals in the upcoming polls. The 78-year-old
Moi has dismissed the constitutional draft as flawed and says
he plans to set an election under existing laws, even though
they bar him from another term in office. The draft constitution
provides for a mostly ceremonial president, an executive prime
minister, a second house of parliament and a beefed up law-making
role for the main chamber. ''Whoever is elected president
has no power. Yet the president is the source of power which
comes from the people,'' Moi said after the draft was published
in newspapers last month. The draft also proposes to scrap
Kenya's colonial inheritance of powerful unelected district
and provincial commissioners, who are only answerable to the
president. The new law is expected to be debated by a constitutional
conference at the end October and enacted by parliament before
the polls. But if Moi and some top judges have their way,
the draft proposal could be shelved altogether. ''Despite
what the president says or the legal suit by the judges, we
shall go ahead and hold a constitutional conference to debate
the proposals,'' the head of the constitutional review team
Yash Pal Ghai told Reuters. Moi is one of Africa's longest-serving
leaders and nearly the last of the continent's so-called big
men. He has publicly said the draft fails to incorporate the
views of a majority of Kenyans, including his own. He is faced
with a creeping revolt over the new constitution at a time
when he is also beset by party wrangling over his choice of
successor after wielding power for 24 years.
From MSNBC, 10 October 2002
Congolese Leaders Near
Agreement on Power-Sharing Formula
Pretoria, South Africa - The Congolese
government and two rebel groups neared agreement Tuesday on
a power-sharing arrangement, a mediator and rebel leaders
said Tuesday. If approved, the agreement could help lead the
war-torn nation toward a transitional governmnent and democratic
elections. Such a government could help unify the vast central
African nation and end a civil war that has claimed an estimated
2.5 million lives. The Ugandan-backed rebel Congolese Liberation
Movement had previously opposed the power sharing plan, but
changed its mind Tuesday, officials said. However, negotiators
had yet to agree on the degree of power sharing in a transitional
government that would rule the country until the election,
the rebels said. South African mediators hailed what they
called a breakthrough. ''It is the first time that the parties
agreed on a transitional arrangement. What remains now, is
to refine the details,'' South African envoy Sisa Ngombane
was quoting as telling the South African Press Association.
Under the proposal, Congolese President Joseph Kabila would
remain head of a transitional government with four vice presidents:
one from the government, the opposition and each of the two
rebel groups. Rebels said their demands for comprehensive
power sharing, with joint control of the army, police, diplomats
and public companies, would not be discussed until the arrival
Thursday of a higher-ranking government delegation. The talks
are a continuation of negotiations that broke down in South
Africa in April. The war in Congo broke out in August 1998
when Rwanda and Uganda sent thousands of troops to back Congolese
rebels seeking to oust then-President Laurent Kabila, Joseph
Kabila's father. They accused him of supporting rebels threatening
regional security. Zimbabwe, Angola and Namibia sent troops
to support Kabila's government. Ngombane said Congolese opposition
officials would join the talks Wednesday. They had already
agreed in principle to the power-sharing formula.
From MSNBC, 30 October 2002
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Nepal Cabinet Seeks to Put Off Elections
by a Year
Nepal's cabinet asked King Gyanendra
on Thursday to delay national elections scheduled for November
by a year due to mounting Maoist violence that has killed
more than 5,000 people and threatened to derail the vote.
''The cabinet has recommended to the king to order fresh elections
on November 19, 2003,'' a senior cabinet minister told Reuters
after a four-hour cabinet meeting. He said Prime Minister
Sher Bahadur Deuba was expected to meet the king on Thursday
and convey the cabinet decision. ''We hope a royal order will
be issued today or tomorrow,'' he added. The king's approval
is seen as a formality under the country's constitutional
monarchy, although it is not guaranteed. Analysts said King
Gyanendra could immediately endorse the cabinet recommendation
or consult constitutional experts and political parties first.
It is the first time such a cabinet recommendation has been
made and Nepal's 1990 constitution was ambiguous on the proposal,
they said. Officials said the king had begun meeting political
parties before announcing his decision on the cabinet request.
It was not known if a decision would be announced on Thursday,
they said. Key parties urged Deuba on Sunday to defer the
November 13 poll, saying the security situation was risky
because rebels had vowed to disrupt the vote. A Defence Ministry
statement said troops killed 12 insurgents in separate gun
battles across the kingdom on Wednesday. ''We have recommended
the delay until when the security situation in the country
improves,'' Information and Communications Minister Jayaprakash
Prasad Gupta told Reuters. Guerrilla Threat - Deuba dissolved
the parliament in May and ordered elections for November,
18 months ahead of schedule, amid a row over the extension
of a state of emergency giving sweeping powers to soldiers
to crush the revolt. Maoist rebels fighting for one-party
communist rule in the world's only Hindu kingdom have said
they would derail the vote and had announced a three-day nationwide
shutdown during the first round of voting in November. Rebel
strike calls are generally observed as much out of fear of
violent reprisal as support for the closure. More than 5,000
people, most of them guerrillas, have been killed in the six-year
revolt -- more than 3,000 since peace talks broke down last
November. The Election Commission said last week voting would
be held over six phases and two months so security forces
could move across the mountainous country to protect voters
and candidates. The rebels have stepped up their campaign
since emergency rule ended on August 28 and have set off a
string of small bomb blasts in the capital, Kathmandu, as
well as several big attacks on remote security posts. More
than 100,000 members of the security forces are fighting the
guerrillas, who draw their inspiration from late Chinese revolutionary
communist leader Mao Zedong. The revolt has slowed aid-dependent
development projects, hit tourism that accounts for four percent
of gross domestic product and threatened the stability of
the tiny nation wedged between Asian giants China and India.
From MSNBC, 3 October 2002
Nepal King Won't Hold
on to Power - Palace Official
Nepal's King Gyanendra does not intend
to hold on to power beyond a five-day deadline he has set
for the formation of an interim government after dismissing
the prime minister, a palace official said on Sunday. ''His
Majesty has to form a new government. He has no intention
of keeping executive power with himself. It is not a coup,''
the official, who spoke on condition of anonymity, told Reuters.
The king would go ahead and form an interim government and
hand over power even if political parties refused to nominate
candidates for such an administration by Wednesday, when the
deadline expired, the official added. ''Anyway a situation
where we don't have a government is only for five days and
after that there will be a government. It will be in charge
of executive power and security as well,'' the official said.
A palace spokesman said he had no information on the king's
plans beyond Friday's announcement. ''What his majesty has
said in his announcement is quite clear,'' he said. The king
assumed executive power after sacking Prime Minister Sher
Bahadur Deuba who had said threats by Maoist rebels to sabotage
elections set for November were too grave to allow voting
and had sought a year's delay. The insurgency has claimed
at least 5,000 lives since 1996. Some 3,000 of them have died
since last November after the rebels walked out of peace talks
and stepped up attacks. The king's decision has been branded
by mainstream political parties as unconstitutional and undemocratic.
The parties, plagued by bitter leadership rivalries, are struggling
to forge a common strategy in response to the king's action.
They are yet to react to the king's appeal to nominate candidates,
who will not contest elections, to form an interim administration
which will be responsible for security and hold elections.
''The timeframe for the new government has been clearly set,''
the palace official said. ''The ball is now in the court of
the political parties. They have to decide if they want to
cooperate and take the train on the right track.'' ''If they
don't his majesty will anyway go ahead and appoint an interim
government within six or seven days of his announcement (on
Friday).'' The official said the king stepped in and dismissed
Deuba as the prime minister sought to extend his stay in power
without holding elections in November. He said the king asked
Deuba to resign so that it would allow the formation of a
national government of all parties. But Deuba refused to quit,
forcing the king's hand. When asked by Reuters what the king
had conveyed to him ahead of his dismissal, Deuba said: ''I
was told many things even before yesterday, but I did not
resign.'' The palace official said Deuba lost his right to
be in power after he recommended the postponement of the election
as the country's constitution stipulated elections must be
held within six months of parliament being dissolved. Deuba
had said his sacking by the king was undemocratic and unconstitutional.
From MSNBC, 6 October 2002
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EU Recommends Poland, Hungary, Eight
Others for Entry in 2004
Brussels - The European Commission
recommended adding 10 countries led by Poland, Hungary and
the Czech Republic to the European Union in 2004, seeking
to overcome the final obstacles to the EU's biggest expansion
ever. More than a decade after the fall of communism, the
commission said the 10 have the economic strength and political
stability needed to compete with Western businesses and, further
down the line, adopt the EU's common currency, the euro. Many
hurdles remain. Irish voters could reject the treaty that
makes enlargement possible, and EU and Eastern leaders need
to bridge their differences over farming and regional development
subsidies. Solutions to these "major challenges"
will "let us work with our central, eastern and southern
European neighbors to reach the goal of creating a united,
democratic Europe," Enlargement Commissioner Guenter
Verheugen told the European Parliament. Slovakia, Slovenia,
Lithuania, Latvia, Estonia and the Mediterranean islands of
Cyprus and Malta also won the commission's endorsement as
expected. Bulgaria and Romania may be ready by 2007, the EU's
executive arm said. The commission said it will publish another
report on the Eastern countries' progress six months before
the entry date - questioning the precise timing of what Verheugen
called "the most difficult project in EU history."
Entry Timing - Verheugen, in keeping with prior EU promises,
said the EU's goal is to bring in the new countries in time
for the parliament's elections in June 2004, not necessarily
in January of that year. Turkey, an EU "candidate"
since 1999, won't be ready to start talks until it makes more
progress on democracy and human rights, Verheugen said. The
commission will step up financial aid to Turkey in 2004, he
said. Eastern European leaders were already looking past today's
report to an Oct. 19 referendum on the EU's enlargement treaty
in Ireland, the only country yet to ratify it. Irish voters
shot the treaty down in a first referendum last year.
The treaty, negotiated in Nice, France,
in December 2000, makes the EU fit to expand by increasing
the size of the Brussels-based commission and reallocating
the votes in the parliament. Irish backers of the referendum
are gaining ground, with public opinion running 44 percent
to 22 percent in favor with 27 percent undecided, according
to a poll commissioned by Citigroup Inc. 'No Plan B' A second
veto would "create a situation of uncertainty, disarray,"
commission spokesman Jonathan Faull said. "All sorts
of political developments which nobody can predict today might
occur. There is no Plan B." Enlargement will add to the
EU 74 million citizens from a region that overthrew Soviet
domination in 1989, formed market economies and attracted
billions of dollars in investment from companies such as Volkswagen
AG. "Capital inflows would accelerate in the region if
everybody could be sure that we are in," said Laszlo
Kishonti, who helps manage 100 billion forint ($402 million)
in stocks and bonds at K&H Investment Fund in Budapest.
Attention now turns to agriculture and Eastern European countries'
share of the EU's 96 billion-euro ($94 billion) budget, the
two most difficult policy areas that were left unresolved
until the end of the year. Poland is spearheading opposition
to EU plans to deny new members full access to the EU's farm-support
programs for a decade after they get in. EU governments plan
to settle their differences on farm aid by a summit in Brussels
on Oct. 24, leaving six weeks to negotiate the farm-aid package
with Eastern Europe before a Dec. 12 summit in Copenhagen
to conclude the talks. It will take another year for the new
and current members to ratify the membership treaties.
From Bloomberg-Politics, by James G. Neuger,
9 October 2002
EU Sets Date For Historic
Union
Brussels, Belgium - The European Commission
has recommended in an historic move that 10 mostly poor ex-communist
countries join the European Union in two years' time. Thirteen
years after the fall of the Berlin Wall the nations - Poland,
Hungary, the Czech Republic, Slovenia, Slovakia, Latvia, Estonia,
Lithuania, Malta and Cyprus - have been deemed ready to compete
inside the EU's single market from 2004 following often painful
economic and social reforms. Bulgaria and Romania have been
give a date of 2007, but Turkey has been left out until the
country establishes a better human rights record, though the
report recognised its work towards abolishing the death penalty
and improved Kurdish rights. But CNN's European Political
Editor Robin Oakley said what "should be a joyous moment...
getting together in a huge reunification" is tinged with
imminent squabbles over crucial reform plans such as agriculture
subsidies. "It is going to get sour because they have
left the nitty gritty, for example agriculture reform, to
the end," he said. Some candidate countries are unhappy
with the amount of farming subsidies being offered in comparison
to existing members, while current members such as France
and Ireland, are reluctant to give up much of their subsidies.
EU Enlargement Commissioner Guenter Verheugen is due to present
the enlargement report to the European Parliament after the
full commission approves it later on Wednesday. Reuters news
agency reported the commission said in a draft copy: "The
historic and political arguments in favour of enlargement
are compelling. "It will also produce substantial economic
benefits." Enlargement is also anticipated to cement
democracy, the rule of law and respect for human rights as
well as open up the fast-growing region to EU investors and
consumers, the documents adds. Enlargement could create a
potential market of 490 million people - "the potential
for a great economic power," Oakley adds. The enlargement
proposal is to go forward for debate in Brussels on October
24-25 with a final decision to be made at a summit in Copenhagen
in December. Possible obstacles to the signing of the proposal
include an Irish referendum on enlargement on October 19.
It is the second time the Irish government will have gone
to the electorate in the hope of securing a "yes"
vote. Last June they voted "no" by 54 percent to
46 percent. Ireland, which is one of the few countries to
hold a referendum on the issue of enlargement, has benefited
from subsidies since it joined the EU, but its people appear
fearful that a larger union will dilute the country's neutrality
and reduce its subsidies.
From CNN, 9 October 2002
Latvia's New Era Says New Government
Around the Corner
Latvia's New Era, which won last weekend's
general election, said on Wednesday talks with three other
centre-right parties could lead to a new majority coalition
to take the ex-communist state into NATO and the European
Union. ''That is entirely possible, and we are waiting for
a formal approval by the boards of the parties tomorrow,''
New Era spokesman Peteris Vinkelis told Reuters. A broad centre-right
coalition would help ensure Western market reforms are kept
firmly on course in the small Baltic state, which regained
independence in 1991. Liberal newcomer New Era won Saturday's
general election with 23.9 percent support of the vote, giving
it 26 members in the 100-seat unicameral parliament, preliminary
results show. The party aims to be at the centre of a broad
majority coalition government with its leader, former central
banker Einars Repse, at the helm to further pro-business policies
as the country continues reforms ahead of EU membership in
2004. The European Commission recommended on Wednesday that
Latvia and nine other candidate countries should join the
EU. In an annual progress report the Commission said, among
other things, Latvia still needed to strengthen its administration,
improve its procurement system, implement new Commercial Code
and further liberalise its telecoms system to gain EU entry.
New era approaches three parties - New Era has approached
Christian democrats Latvia's First Party, the centrist Farmers
and Greens alliance, and the right-wing For Fatherland and
Freedom to try to form a majority of 55 seats in the parliament,
or Saeima, Vinkelis said. The coalition would meet opposition
in three-time premier Andris Skele's conservative People's
Party with 21 seats and the leftist For Human Rights in a
United Latvia with 24 seats, according to the preliminary
results. Vinkelis said New Era would meet with the People's
Party on Friday but downplayed the party's chances for becoming
part of a new government. ''A large number voted against the
current government and the People's Party was the largest
party in it,'' Vinkelis said. Repse and Skele clashed in a
heated run-up to the elections, which centred on corruption
and sleaze at all levels of Latvian society. Many voters were
dissatisfied after a decade of exhausting reforms and voted
for a new set of leaders to wrap up the last stage of Latvia's
''return to Europe.'' Repse has lashed out at friends and
foes alike for what he sees as an inefficient and corrupt
state system drowning in red tape. In his campaign he stressed
the need for lean government and tax cuts to keep Latvia moving
forward. Prime Minister Andris Berzins' Latvia's Way was the
big loser in Saturday's election as the party failed to get
the five percent of votes required for entry to parliament.
From MSNBC, 9 October 2002
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Iran Government: Reopen Poll Center
Controversial survey led to closing
last month - The Iranian government called Wednesday for the
reopening of a banned polling institute and cast doubt on
spying allegations made against the head of the organization.
The National Institute for Research and Opinion Polls was
closed last month after publishing a survey showing nearly
three-quarters of Iranians favored resuming talks with arch-foe
the United States. The issue has pitted moderate President
Mohammad Khatami's government against the hard-line, conservative
judiciary at a time when Khatami is seeking to boost his authority
in the Islamic Republic. "The government hopes the ban
on the polling center will be removed as soon as possible,"
government spokesman Abdollah Ramazanzadeh told a news conference.
Any suggestion of talks with Washington is highly sensitive
in Iran. The U.S. cut ties with Tehran after radical students
seized the U.S. embassy in 1979, and Washington this year
labeled Iran a part of an "axis of evil." A statement
from the Justice Department Monday accused the head of the
polling center, Behrouz Geranpayeh, of espionage and said
he had secretly sold information to foreign embassies and
had contact with international news agencies. Ramazanzadeh
countered that, if Geranpayeh had been engaged in spying,
the Intelligence Ministry would have reported it, but this
had not happened. He criticized the judiciary for disclosing
the allegations before trial. "The measures taken show
they are following other goals." Geranpayeh was imprisoned
awaiting trial last week after his bail was set at $250,000.
Reformist parliamentarians have rushed to the polling center's
defense, insisting that the survey on U.S. ties was commissioned
by them and was accurate. The government has described the
polling center as "one of the most credible in the country."
Khatami's government has frequently clashed in recent years
with the hard-line judiciary, which falls under the supervision
of Supreme Leader Ayatollah Ali Khamenei. Despite Khatami's
drive to improve freedom of expression, conservative courts
have shut down more than 80 liberal newspapers and jailed
dozens of outspoken reformists in the past two years, often
in closed trials without a jury.
From CNN, 24 October 2002
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Leaders Emerge in Ecuadorean Election
Gutierrez, Noboa top early count of
presidential vote - Two political novices appeared headed
for a runoff in Ecuador's presidential election, after voters
showed their impatience with leaders who have been unable
to scrub out the poverty and corruption that have plagued
their country for years. With 53 percent of the votes counted,
Lucio Gutierrez, 45, a dismissed army colonel, led with 19
percent of the vote. Banana magnate Alvaro Noboa, 51, Ecuador's
richest businessman, was close behind with 17.6 percent. Still,
Ecuadoreans were not excited about either candidate. Turnout
on Sunday was 66 percent - extremely low in a country where
voting is mandatory and absenteeism is punishable by fine.
The turnout was also an all-time low since democracy was restored
in 1979 after a decade of dictatorship. Noboa set the tone
of what will likely be his campaign for the runoff when he
accused Gutierrez of having the support of a communist party.
"I am going to tell the Ecuadorean people that they have
two choices: the communism that Lucio Gutierrez represents
... and jobs, health and economic reactivation, which I represent,"
he said at a news conference. Gutierrez is an admirer of Fidel
Castro and Venezuela's leftist President Hugo Chavez, and
led a coup in 2000 that ousted an unpopular president. He
described himself as center-left and said he hoped Ecuadoreans
would let him show them what he stands for before judging
him unfairly. He said that if elected he planned to encourage
foreign investment by cracking down on the corruption that
has scared away foreign investors. Gutierrez said it was significant
that he and Noboa were not professional politicians. "It
is a sign that the Ecuadorean people are tired of the same
politicians of always," he said. "Who is responsible
for the country that we have? We have one of the most corrupt,
unjust countries, with the greatest inequalities and greatest
migration, in Latin America and the world.
The moment has arrived to tell those
politicians who do not understand the true concept of democracy:
Enough." Easing fears of violent protests, two other
leading contenders conceded defeat. Several had said before
the vote that the ballot might be rigged, but monitors said
they had no evidence of that. Former President Rodrigo Borja,
a center-left social democrat, and Xavier Neira, candidate
of the right-wing Social Christians, both conceded. That left
moderate leftist Leon Roldos, who had 15.87 percent, but his
chances of making the runoff appeared slim. The remaining
votes were divided among six candidates. A second round between
the two top vote-getters takes place if no candidate receives
50 percent. The result made allegations of possible vote rigging
moot. Several candidates had alleged that Borja conspired
with former President Leon Febres Cordero to ensure that Borja
would win the presidency and Febres Cordero, one of the nation's
most powerful politicians, would become president of Congress.
At least 30 percent of Ecuadoreans were undecided how to vote
just days before the election, a reflection of their disenchantment
with politicians after years of political and economic turmoil.
It was the closest election since democracy was restored in
1979. The campaigns of all the presidential candidates revolved
around vague plans to combat widespread corruption and poverty.
Ecuador's 20-year-old democracy has suffered trying times
in recent years. Since 1996 the country, slightly smaller
than Nevada, has had five presidents. Two of them were driven
from office in the midst of political and economic upheaval.
From CNN, 21 October 2002
Brazil's President-Elect
Assembles Team for Rare Peaceful Transition of Power
Brasilia - Calling it a ''singular
moment,'' Brazil's president-elect began to assemble his team
Tuesday for the transition of power to Brazil's first elected
leftist government. But Luiz Inacio Lula da Silva, the landslide
winner of Sunday's election runoff, gave no clues about who
will serve in his government. He said, however, the transition
team would not include future Cabinet ministers. 'We did that
to separate the transition process from the assembling of
the government,'' Silva said. ''That will be done later, by
me.'' Silva said the transition team would be headed by Antonio
Palocci, his former campaign manager, who has close ties to
financial markets. Silva, a poor farmer's son who rose to
command a labor union, garnered 61 percent of the vote on
Sunday, while government candidate Jose Serra got 39 percent.
Brazil's economy was the main issue in the election. Silva
capitalized on dissatisfaction with President Fernando Henrique
Cardoso's free-market reforms, which curbed runaway inflation
but left the economy stagnant and millions of Brazilians in
poverty or jobless. Silva, 57, known by his nickname ''Lula,''
takes office Jan. 1. He praised Cardoso for his offer to ''put
the government practically at our disposal,'' a contrast to
previous changeovers of regime. Silva recalled that the last
leftist president, Joao Goulart, took office when Janio Quadros
resigned in 1961. Goulart was deposed two years later by a
military coup. In the past half century, only once has a democratically
elected leader handed over power peacefully to his successor.
''This is a singular moment in Latin American history,'' Silva
said. ''The lesson will endure forever.'' Silva's main concern
is to have funds available for his "Zero Hunger"
program, aide Jose Graziano Silva said. The president-elect
said stamping out hunger was the top priority for his government
next year, at an estimated cost of around $1.6 billion (6
billion reals) a year. About 10 million of Brazil's 175 million
people live in absolute misery, Graziano Silva said. He added
that the government would not simply hand out food; rather,
it would invest funds to boost farm production.
From MSNBC, 29 October 2002
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Malawi Sacks Top Corruption Fighter
Blantyre - Malawi has sacked the head
of an anti-corruption team which was investigating allegations
of government corruption on the grounds he was not familiar
enough with the law, officials said on Wednesday. Sources
within the country's Anti-Corruption Bureau said the government
was trying to stop Gilton Chiwaula from probing too deep within
its ranks. Chiwaula was previously acccountant-general and
chairman of the regional Southern African Forum Against Corruption.
An MP responsible for public appointments was unable to explain
why Chiwaula was appointed if he had not been suitable. The
anti-corruption bureau is currently investigating the sale
of almost 70,000 metric tones of grain by the government.
Critics say the sale was dubious and exacerbated food shortages
which have led the country to accept aid from the UN World
Food Programme. The International Monetary Fund has said Malawi's
anti-corruption campaign needs to resolve the case to win
credibility. The bureau, largely funded by the British government,
has come under fire for its failure to conclude corruption
cases involving high profile politicians quickly. Henry Mussa,
the chairman of the parliamentary public appointments committee,
confirmed Chiwaula's dismissal. ''It pleased His Excellency,
President Bakili Muluzi, to replace Chiwaula with (Supreme
Court Judge Michael) Mtegha, who has high legal and judicial
knowledge and can ably deal with corruption cases,'' Mussa
told Reuters. Contacted for comment, Chiwaula said he had
just heard about the development on the radio and could not
yet comment.
From MSNBC, 24 October 2002
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Thailand Gets New Interior, Defence
Ministers
Thai Prime Minister Thaksin Shinawatra
appointed new ministers of interior and defence in a cabinet
reshuffle on Thursday that left untouched key economic portfolios,
a government spokesman said. In the reshuffle, the second
since Thaksin's government took office last year and part
of the biggest restructuring of the administration in recent
years, the total number of ministries was boosted to 20 from
14. Spokesman Yongyut Tiyapairat told a news conference that
Interior Minister Purachai Piumsombun, whose hallmark was
a controversial moral crusade, had been transferred to the
Ministry of Justice. He was replaced by current Transport
Minister Wanmuhamadnoor Matha. Purachai's ''social order''
campaign led to a crackdown on Bangkok nightspots, which raised
concerns over possible damage to the country's lucrative tourism
industry. Analysts said the new interior minister was unlikely
to back off on the social order campaign which has proved
popular with middle class Thais. Deputy Prime Minister and
Defence Minister Chavalit Yongchaiyudh lost his defence portfolio,
but remains deputy premier. He was replaced by Thammarak Isarangura,
a minister attached to the prime minister's office. No explanation
was given for Chavalit's departure from the defence post,
but it had been rumoured that Chavalit was seeking to semi-retire.
Key economic ministers were unaffected. However, Industry
Minister Suriya Jungrungreangkit, who was given the transport
portfolio, was replaced by Somsak Thepsutin, a minister in
the prime minister's office. The six new ministries established
were energy, culture, sports and youth, natural resources
and environment, information technology and communications,
and social development and human security. The addition of
the six ministries has not increased the number of cabinet
ministers, which still remains at 36.
From MSNBC, 3 October 2002
Former Head of Chinese
Provincial High Court Investigated for Corruption
Beijing - The former chief justice
of southern China's Guangdong province is being investigated
for accepting massive bribes, a Communist Party newspaper
reported Wednesday. Party investigators say Mai Chongkai also
used his influence to help his son's business get large bank
loans, the People's Daily said. The party has publicized such
investigations of high-level officials in efforts to counter
widespread complaints that party figures use their status
to evade the law. Mai and his son are accused of collecting
$1.4 million in bribes between 1989 and 1998, the report said.
It said Mai also was accused of living a ''morally degenerate''
life, but gave no details. Mai could be expelled from the
Communist Party, and may face prosecution. The discipline
commission on Wednesday refused to comment on the case, as
did judicial and provincial officials in Guangdong and the
Supreme People's Court.
From MSNBC, 23 October 2002
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Blair Promotes Three Pro-Euro Ministers
in a Cabinet Reshuffle
London - Prime Minister Tony Blair
promoted ministers who favor British membership of the euro
in a cabinet reshuffle, the second such reorganization this
year forced on him by a minister's resignation. Charles Clarke,
chairman of the ruling Labour Party will replace Estelle Morris,
who quit last night as education secretary over flaws in exam
grading and school standards. She was the second cabinet member
to quit over public services in six months. John Reid, formerly
Northern Ireland secretary replaces Clarke; Reid's place is
taken by Welsh Secretary Paul Murphy, and Peter Hain leaves
his post as Europe minister to oversee Wales, his first cabinet-level
job. Britain remains outside the currency shared by 12 other
EU countries and will only enter when ministers are convinced
it's in the U.K.'s economic interest and voters endorse it
in a referendum. Clarke, Murphy and Hain are associated with
the Britain in Europe lobby group, which campaigns for U.K.
membership. "The Prime Minister believes he has the ministers
in place to do the job," said Tom Kelly, a spokesman
for Blair. The government's decision on the euro is due by
June, and polls show most voters are opposed. An NOP Ltd.
poll last month showed that 60 percent of voters questioned
earlier in September said they would oppose joining the euro;
26 percent said they'd vote "yes." Hain and Clarke
have often spoken out in favor of the euro. In February, Hain
told a French newspaper that he expects a euro referendum
next year. Clarke last December said the political case for
the euro is "very strong" and said a referendum
should be held whatever the economic case. Converts vs. Skeptics
- Pro-euro members of the government are balanced by Chancellor
Gordon Brown and his supporters.
The finance minister has called his
own stance on the euro "considered and cautious"
and last month said boosting public services would take priority
over pushing for membership. The prime minister has won two
elections and maintained an opinion poll lead over the opposition
Conservative Party on the strength of his promises to improve
public services like schools, hospitals and transport. Opposition
politicians had called on Morris to quit, an attack aimed
at undermining the foundations of Blair's political platform.
"The government is not succeeding, that's what this is
about," said Conservative leader Iain Duncan Smith. In
April, Blair announced the first increase in taxes on wages
in 20 years to increase spending on services. Government expenditure
will rise to 511 billion pounds ($791 billion) from 418 billion
over the next three years. Public Services - Then in May,
Stephen Byers resigned as transport secretary over his handling
of the country's rail network. Britain has suffered three
fatal crashes in three years, the collapse of Railtrack Plc
and an increasing number of delayed and canceled trains. Morris's
departure adds to Blair's domestic political woes. Ministers
are trying to avert a national strike by firefighters, due
to start next week, in protest at the government's refusal
to grant a pay rise of almost 40 percent. Rail unions have
hinted a strike may spread to London's subway and the railway
network. While Blair's Labour Party remains ahead of the Conservatives
in opinion polls, the prime minister has said that failure
to deliver improved public services will mean voters would
be justified in ousting him at the next election, due by June
2006. There are also economic threats to Blair's popularity.
Forecasters, including Ernst & Young LLP, have said that
U.K. economic growth is falling behind government targets,
crimping his tax revenue and raising the prospect of more
borrowing next year. So far, the government has played down
the prospect of more tax increases.
From Bloomberg-Politics, by James Kirkup,
24 October 2002
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Colorado Governor Aide Quits Over
E-mail
Treasurer of Colorado Governor's Re-Election
Campaign Quits Over E-Mail Ridiculing Immigrants - The treasurer
for Gov. Bill Owens' re-election campaign resigned after distributing
an e-mail that ridicules immigrants. Bob Adams said Tuesday
he received the e-mail at his home from an old high school
classmate, found it humorous and forwarded it to three other
people. The e-mail includes a poem about immigrants buying
up property with welfare money and displacing white people.
"I thought it was humorous the way it was written,"
Adams said. "I didn't see anything offensive about it,
and I forwarded it on to folks. "One stanza reads: "We
have a hobby it's called breeding/Welfare pay for baby feeding.
"Adams said he offered to resign after getting calls
from news media about the e-mail. Sean Tonner, campaign manager
for the 51-year-old Republican governor, said he accepted
the resignation. "It's unfortunate. It was a serious
lapse of judgment that he forwarded it," Tonner said.
"It definitely was insensitive and inappropriate. "Adams
said he resigned because "I don't have time for this.
... I signed up to be volunteer treasurer, not to be in politics.
I've gone all my life without my name in the paper. I don't
need to start now." Glenn Baham, president of Colorado
Black Republicans, said he received the e-mail and found it
shocking. "I was very, very offended," Baham said.
"I couldn't believe it." Last month, another Colorado
politician, Republican Congressman Tom Tancredo, drew criticism
when he demanded immigration officials deport a family of
illegal immigrants after a high school honor student in the
family spoke publicly about his struggle to pay for college.
On The Net: Bill Owens campaign: http://www.owens2002.net/
From ABC News-Politics, 9 October 2002
Backbenchers Urge PM
to Amend Ethics Proposal
Ottawa - Backbench Liberals are pressuring
the prime minister to alter parts of his new ethics package.
Jean Chrétien's new ethics code, expected to be introduced
next week, will apply to all members of Parliament. But some
MPs are upset with a proposal that requires their spouses
to disclose their financial affairs and business dealings.
The MPs insist they shouldn't be held to the same disclosure
rules as cabinet ministers. Liberal MP Roger Galloway says
the prime minister's problems aren't with backbenchers. "All
of these ethical questions that have been raised involve only
cabinet ministers. As everyone well knows, members of Parliament
couldn't influence a contract in this place if they wanted
to," said Galloway. There have been a series of controversial
government contracts recently. Liberal MP Steve Mahoney says
anyone who tried to use their position as an MP to influence
a contract or policy would quickly be exposed. "We live
in a government that lives and dies with brown envelopes sliding
under doors. You would do that kind of thing at your own peril,"
said Mahoney. Other Liberals don't like the idea that backbench
MPs would have to report to a new ethics commissioner, while
cabinet ministers' conduct would be overseen by an ethics
counsellor who reports only to the prime minister. "What's
good for the goose is good for the gander," says Liberal
MP Jim Karygiannis. He says the prime minister, members of
cabinet and backbenchers should be held to the same standards.
The prime minister says he will consider any amendments MPs
want to make. "We will be flexible about changes. You
know, I like to have a debate," said the PM.
From Canada-CBC Newsworld, 10 October 2002
Government Introduces
Proposed Ethics Bill a Day After Solicitor General's Resignation
Toronto - A day after an ethics controversy
forced a Cabinet minister to resign, Canada's government proposed
creating tougher guidelines for members of Parliament and
a new ethics watchdog. The draft legislation introduced Wednesday
in the House of Commons fulfills some of the promises first
made by Prime Minister Jean Chretien when he was campaigning
in the 1993 election that brought him to power. Opposition
leaders said the proposals were too weak. The measures now
go through the parliamentary process of committee review and
debate. Chretien's government has been rocked by allegations
of cronyism and fraud. Solicitor General Lawrence MacAulay,
the nation's top security official, resigned Tuesday over
allegations he lobbied for government money for a college
headed by his brother. In May, Chretien dropped Defense Minister
Art Eggleton from the Cabinet after a government ethics counselor
found that Eggleton violated ethics guidelines by giving a
contract worth $24,000 to a woman he once dated to compile
a 14-page report on post-traumatic stress disorder in the
military. Earlier, a government audit revealed mishandling
of contracts worth about $1 million. Opposition critics have
complained for years about a lack of effective governmental
ethics monitoring, citing in particular the existence of an
ethics counselor who reports only to the prime minister. Under
the plan proposed Wednesday, a new ethics commissioner would
report on any wrongdoing by Parliament members to the legislature.
The prime minister would make a final decision on what action
to take. The draft proposal also includes a new code of conduct
for members of Parliament, along with changes to the Lobbyist
Registration Act to prevent groups and interests from exercising
undue influence. MacAulay's resignation came four days after
Chretien's ethics counselor accused him of violating ethics
guidelines in lobbying for government money for a Prince Edward
Island college headed by his brother. MacAulay also was the
focus of controversy over a contract issued in May 2001 by
his department for about $65,000 to a friend's firm. In his
letter of resignation, MacAulay denied he did anything wrong.
Chretien agreed but still accepted the resignation. Chretien,
who has led his Liberal Party to three straight election victories,
has announced he will step down in February 2004.
From MSNBC, 24 October 2002
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Condition Critical as African Doctors
Head Overseas
Johannesburg, South Africa - Britain
plans to bring in doctors from South Africa to help alleviate
hospital waiting lists. Sikiniwe Khumalo tends to 40 patients
during a single shift as a nurse at the Helen Joseph Hospital
here. That's too many, she says, for her to offer more than
basic medical care, and certainly too many to remember all
their names. Mrs. Khumalo's workload is typical of medical
personnel here and around Africa, where HIV/AIDS and malnutrition
have given doctors and nurses more than they can handle. Despite
this need, however, in a few months, Khumalo, a single mother
of two, will pack her bags and leave the country of her birth
for England, where she will have a take-home pay three times
her salary in South Africa. And friends who have already left
say in Britain, she will care for only six patients at a time.
"Basically, it's the money," she says. "I can't
make payments here. I've been working for 15 years, but I
think I'm not getting the salary I deserve." Khumalo
is not alone. South Africa is experiencing a huge drain on
health professionals, many of whom, like Khumalo, are leaving
the country for places such as Britain, America, and Australia
where pay is higher and working conditions are better. This
comes at a time when the country's already overloaded health
system struggles to deal with the increasing burden of AIDS.
But overworked and underpaid doctors and nurses are looking
for alternatives. They are often helped by international recruiting
agencies that many African governments accuse of poaching
their much-needed medical staff. Many already abroad - No
one knows exactly how many of South Africa's medical professionals,
whose training in the country's medical schools is highly
respected worldwide, have left the country, since few tell
the government they are leaving. But the South African Medical
Association estimates that at least 3,500 of its 26,000 practicing
doctors are living abroad. The country's minister of health
says that from 1995 to 1999, more than 2,500 nurses applied
to have their qualifications verified, which is usually required
for nurses to move abroad.
Surveys show that the outward flow
is likely only to increase. Nearly 10 percent of doctors surveyed
by the South African Medical Journal said they may leave within
the next five years, and 1 in 3 new doctors doing their required
one-year community service said they plan to emigrate. "Students
sit around and talk about where they want to go when they
leave the country," says Christiaan Burger, a medical
student at the University of Pretoria and spokesman for a
student group protesting the planned addition of an extra
year's internship. Mr. Burger and others say that this extra
year of service will push more doctors to leave. South Africa
has called on wealthy governments to stop recruiting their
medical professionals. "There is a strong feeling that
it is cynical on the part of countries that are better resourced
to rely on a constant stream of migrants from countries that
pay less," says Jo-Ann Collinge, a spokeswoman for the
South Africa's Department of Health. "There should not
be a systematic draining from developing countries."
The Commonwealth, a body of 54 former British colonies and
territories, has addressed the issue of poaching. Some countries
have agreed not to recruit staff directly from the developing
world. Britain, however, is currently trying to relieve long
waiting lists at hospitals by bringing in doctors from abroad
on a temporary basis. Because the United States does not have
a nationalized health system, the US government cannot prohibit
US hospitals and universities from recruiting overseas. Private
companies continue to recruit heavily in African countries
by advertising in medical journals and even offering rewards
for doctors and nurses who provide the names of their colleagues.
Even if such practices were banned, there is little that could
be done to stop professionals such as Khumalo from approaching
placement companies on their own.
Homegrown reasons - Medical groups
in South Africa say the country needs to address the homegrown
reasons - which have to do with more than just pay - that
are pushing medical professionals to leave. Neurologist James
Temlett worked for 25 years as a doctor at Johannesburg General
Hospital and as a medical professor at the nearby University
of Witswatersrand. A month ago, he left for Australia, where
he now splits his time between a university and a hospital
in Adelaide. Dr. Temlett says he left largely out of disgust
with South Africa's HIV/AIDS policies and the government's
refusal to recognize the scope of the AIDS pandemic. The government
has opposed the use of antiretrovirals for AIDS patients in
public hospitals and clinics, citing concerns about cost and
the drugs' effectiveness. "Out of the 40 patients I would
see during a shift, two-thirds of them - sometimes even as
high as three-quarters - were suffering from HIV-related diseases,"
he says. "It's certainly a crime against humanity not
to recognize the scope of the problem.... It's tremendously
demoralizing [for] the staff." Despite its struggles
to keep its medical staff, South Africa's situation is not
nearly as severe as the situation of many of its neighbors.
There are only 400 registered doctors left in all of Zambia,
and many of Zimbabwe's medical professionals have left recently
because of the increasingly unstable political situation there.
At one main hospital in Bulawayo, Zimbabwe's second-largest
city, three of the hospital's four surgeons left the country
this year. In Kenya's Daily Nation newspaper, the director
of medical services said that Kenya has only 600 practicing
dentists, an of average 1 for every 69,000 patients. "The
issue of the migration of doctors is an international issue,"
says Dr. Kgosi Letlape, chair of the South African Medical
Association. "The problem has become very widespread.
The problem is that being a doctor is no longer economically
attractive. Even successful countries are having a hard time
training enough doctors."
From Christian Science Monitor-Africa, by
Nicole Itano, 1 October 2002
Senegal President:
'Ferry errors'
The president of Senegal has admitted
"many, many mistakes" were made that led to the
sinking of a state-run ferry that killed more than 1,000 people.
Abdoulaye Wade said on Tuesday he believed the sinking --
reported to be Africa's deadliest ferry disaster - resulted
from human negligence. "There will be prosecutions, of
course," he said. Wade also said that the government
intends to compensate the families of victims, "adopt"
their children and provide for their education. The ferry
La Joola flipped over Thursday in the Atlantic off Gambia.
The government has said the death toll is expected to be 1,034,
but Wade said apparently infants and children under eight
years old had not been counted and the toll could go higher.
The ferry was built to carry 550 passengers. Only 65 people
are confirmed to have survived. Wade acknowledged that the
ship, which was run by the navy, was not meant to be operated
on the open sea, but was supposed to have remained on a lake.
The accident happened at about 11 p.m. on Thursday as the
ship ran into a storm on its way from Casamance to Dakar.
Fishermen and villagers prepared to bury bodies on Tuesday,
as scores of corpses washed towards the shore. Hundreds more
victims remain where they died, inside the ferry. Divers said
decay after five days in the 30 centigrade (85 Fahrenheit)
Atlantic waters made removal of intact victims impossible.
Many of the victims survived for hours in the overturned ship,
said rescue divers who described scenes of horror in air pockets
that had kept the vessel afloat. The first fishermen to reach
the ferry, fully four hours after the accident, spoke of survivors
inside fighting for their lives. "There were people screaming
or hitting on windows" when fishermen arrived, said el
Ali, head diver at a Dakar scuba centre who led the search.
"When I dove in, I saw bodies everywhere," many
huddled near air pockets, The Associated Press reported el
Ali, whose 16-diver team took about 17 hours to arrive by
boat from Dakar, as saying. "We saw bodies floating by
the hundreds, the hundreds, the hundreds." About 150
military personnel, fishermen and rescue divers from Senegal,
neighbouring Gambia and former colonial power France took
part in the recovery. Gambian and Senegalese authorities said
they had retrieved more than 360 bodies from inside the ferry,
before decomposition made recovery of intact victims impossible.
"I want to use this opportunity to tell the families
that I'm sorry we couldn't bring everyone out," El Ali
said in Dakar, breaking into sobs. With Senegalese still scanning
photos and lists of the dead for what at times were entire
missing families, angry questions built over why the disaster
happened.
From CNN-Africa, by Charlayne Hunter-Gault,
1 October 2002
Namibian Leader Bans
Foreign TV Programmes
Namibia's president, Sam Nujoma, ordered
the state television company to stop broadcasting foreign
programmes yesterday, only days after he published a list
of farms to be confiscated from their foreign owners. The
move was seen as an indication of his continued support for
Zimbabwe's President, Robert Mugabe, and will give already
nervous investors in southern Africa further cause for concern.
Mr. Nujoma wants to expropriate farms owned by foreigners
for the resettlement of landless Namibians. Among the farms
listed are 91 owned by South Africans and 99 by German nationals.
The rest are owned by Americans, Dutch and British nationals.
Until its independence in 1990, Namibia was occupied by Germany
and then by South Africa. Mr. Nujoma's ruling Swapo party
also tabled an amendment in parliament aimed at stopping foreigners
from buying farmland. The President, like Mr. Mugabe, has
also repeatedly threatened to expel gays and lesbians and
to ban homosexual tourists. Now he has declared that foreign
films are exerting a "bad influence" on young people.
This week he ordered the state broadcaster to start showing
local films that portrayed Namibia in a "positive light".
The first victims were the American soap opera The Bold and
the Beautiful and the science fiction mini-series Dune, which
was replaced by a programme on the recent ruling party congress.
The Namibian Broadcasting Corporation (NBC) immediately began
revising the schedule and staff were forced to pull old tapes
off the shelves to fill airtime. Thousands of callers jammed
the station's switchboard demanding an explanation for why
some of their favourite programmes had suddenly been dropped.
The President has already banned government departments from
advertising in the privately-owned Press, which he said had
spread lies about his administration. Mr Nujoma is in his
third term as President, having changed a law that restricts
presidents to two five-year terms. He has also fired his pro-reform
Prime Minister, Hage Geingob - who was seen as an obvious
candidate for president. The move was seen as part of Mr.
Nujoma's plans to consolidate his power base before his term
ends in 2004. At the Earth Summit in Johannesburg last month,
Mr. Nujoma spoke up in support of Mr. Mugabe. Addressing the
summit, he accused the British Prime Minister, Tony Blair,
of creating chaos in Zimbabwe by refusing to support Mr. Mugabe's
seizures of farms from white Zimbabweans.
From The Independent, by Basildon Peta,
3 October 2002
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China's Capital Cleans Up, Bans
Spitting
The Beijing city government banned
spitting in public and littering on Tuesday as part of a campaign
to spruce up the capital, which plays host to a Communist
Party congress next month and the Olympics in 2008. Regulations
issued by city hall on National Day also call for anyone posting
unauthorised leaflets or advertisements be fined 1,000 yuan
($120), the official Xinhua news agency said. ''Spitting or
throwing any waste on the ground of public areas are banned
as well, offenders may be fined 20 yuan to 50 yuan,'' Xinhua
said. The regulations were ''to ensure that the capital city
is clean and in good order,'' it said. Spitting in public
is a common practice in most of China, where it is regarded
as a natural and necessary bodily function despite sporadic
campaigns to discourage it. China has pledged to invest billions
of dollars in preparations for the 2008 Olympics, which include
a massive construction binge, an environmental clean-up, and
a campaign to teach taxi drivers English. City authorities
are also cracking down on crime and cleaning up streets ahead
of the congress that starts on November 8 and where top leaders
are expected to retire. ($1-8.277 Yuan)
From MSNBC, 1 October 2002
ILO Gives Cambodian
Garment Factories Thumbs Up
The International Labour Organisation
(ILO) gave working conditions in Cambodia's garment factories
a relatively clean bill of health on Wednesday, saying there
was scant evidence of forced or child labour. ''We note with
satisfaction that...forced labour and child labour are not
matters of concern in the factories surveyed,'' the Geneva-based
ILO said in a report on labour conditions in the impoverished
southeast Asian nation's clothing factories. Cambodia, slowly
recovering from three decades of civil war which ended four
years ago, relies heavily on the garment industry, nurtured
by a three-year quota arrangement with the United States,
for its overall economic development. Under the terms of the
deal, Cambodia has to show that conditions in its 200-plus
garment factories, which employ around 175,000 mainly female
workers, meet acceptable international labour standards in
order to qualify for the quota. Cambodia's garment exports
totalled around $1 billion last year - three quarters of all
export value. Even after a slowdown following the September
11 attacks on the United States, this figure is expected to
hold up for 2002. While expressing overall approval, the ILO
said it had found a limited number of cases of sexual harassment
and violation of trade union rights. It added it was worried
about frequent cases of workers being paid incorrect wages
and being made to work overtime. For its report, the fourth
in a series surveying the industry, the ILO surveyed 65 garment
factories employing some 76,000 workers, of whom nearly 90
percent were women.
From MSNBC, 2 October 2002
Asia Faces 'World's
Worst' AIDS Epidemic
Kuala Lumpur, Malaysia - Asia is at
risk of facing the world's worst AIDS epidemic if urgent preventative
measures are not taken, a U.N. official has warned. "The
epidemic in Asia threatens to become the largest in the world,"
Dr Peter Piot, Executive Director of UNAIDS told business
leaders at the World Economic Forum's (WEF) East Asia Economic
Summit. "With more than half the world's population,
the region must treat AIDS as an issue of regional urgency.
The question is no longer whether Asia will have a major epidemic,
but rather how massive it will be," he warned. There
are currently 6.6 million people who are HIV positive in the
Asian region, while the world's worst affected region, Africa,
has over 28 million people living with HIV/AIDS. Piot called
on businesses to help halt the spread of AIDS in Asia through
workplace education, non-discriminatory health policies and
the establishment of healthcare systems. Localized epidemics
- "It is a question of good economic sense," Piot
said. "By protecting their employees from HIV and caring
for those who are infected, businesses minimize the loss of
skilled workers and managers, and boost their long-term productivity."
While many countries in Asia have yet to show high overall
rates of HIV infections, localized epidemics in several countries
have been a cause for concern for health officials. In the
first half of 2001, China experienced a 67 percent increase
in reported HIV infections, with epidemics occurring among
injecting drug users in at least seven provinces. In China's
central Henan province, up to 500,000 peasants are also believed
to be infected with the HIV virus - or are already dying from
AIDS - after they gave blood in a government-sponsored blood-for-money
program, according to reports. It is estimated at least one
million people in China have been infected with HIV. India
has the largest number of people living with HIV/AIDS in Asia,
with 3.97 million infected.
From CNN, 7 October 2002
Asia Airlines' Fragile
Recovery Under Threat
Sydney, Australia - Asia's battered
airline industry is starting to show signs of recovery following
the twin hits of the Asian economic crisis and the September
11 terrorist attacks. But any return to health is likely to
be short-lived should there be a war with Iraq, analysts warn.
A renewed reluctance for air travel, combined with a possible
further hike in oil prices, will provide an unwelcome double-whammy
for airlines.
In addition, hostilities with Iraq would hasten the restructuring
process already underway amongst airlines if they are to survive
a Gulf confrontation and its aftermath. Analysts at the Center
for Asia Pacific Aviation say a second major shock to the
airline industry in little over a year would "upset the
still fragile balance achieved by airlines still struggling
after September 11". In a just-released report on the
impact of a war with Iraq, the analysts say the Asia Pacific
airline market has shown some resilience compared with Europe
and North America. But an invasion of Iraq will "set
the region back on what is proving a prolonged recovery from
the 1997-98 financial crisis". While the aftermath of
September 11 had forced most airlines to become leaner and
meaner, the capacity for many of them to pursue further such
measures is now limited. But it is not all bad news for some
Asia Pacific airlines. The reports says a war with Iraq would
create an impetus for greater intra-Asian trade and travel,
a move which will favor "value airlines which can exploit
the new regional alignments". Also, the "inherent
and growing strength of intra-regional trade" should
mean Asian carriers will not suffer to the same extent as
their European and American counterparts. But the successful
airlines in the new environment will be "those which
are able to make the most effective strategic moves in the
next few months". Qantas, Air NZ tie-up - Two key regional
airlines expected to announce major realignments soon are
Australia's Qantas and Air New Zealand. A deal between Qantas
and major Pacific competitor Air New Zealand is imminent with
Qantas likely to take an equity stake in the NZ airline, now
reluctantly controlled by the New Zealand government.
This link-up should lead to cost savings
and revenue hikes for both airlines, as well as remove a competitive
risk for both. A research note on Qantas released this week
by Deutsche Bank says both companies could gain significant
value if they can align their schedules and capacity in areas
where their networks currently overlap. In particular, both
airlines are believed to be losing money on the heavily-trafficked
trans-Tasman routes between Australia and New Zealand. But
an alliance could see this situation turned profitable for
both without a need to hike airfares, Deutsche says. The broking
house has now upgraded Qantas to a "buy", putting
it on an equal investment footing with Hong Kong's Cathay
Pacific and Singapore Airlines. Airlines are also beginning
to put pressure on airports to review their charging structures.
Airport charges - The International Air Transport Association
(IATA) has cited the "disparity" between strong
airport profits and struggling airline returns. IATA director
general Giovanni Bisignani told a meeting in Tokyo this week
that the airlines need to review their partnership with the
airports. "If one of the partners in a partnership is
losing his shirt while the other is counting his money, it
is no longer a partnership," Bisignani said. He asked
airport managements to explain "what you are doing to
make yourselves more efficient; to reduce your costs and your
charges to airlines while at the same time improving the services
you offer." He said airlines were paying over $15 billion
to airports and air traffic service providers annually for
their international services alone, accounting for nearly
10 percent of airline operating costs. "I don't accept
the pricing policies of our suppliers who basically operate
as monopolies. Airlines and their customers cannot pay for
airport inefficiencies," he said.
From CNN-Asia, by Grant Holloway, 9 October
2002
Thailand's AIDS Patients
File Suit
Health Activists, AIDS Patients in
Thailand File Suit to Dislodge Bristol-Myers Patent on HIV
Drug - Wanting cheaper treatment for Thailand's estimated
1 million HIV/AIDS sufferers, people with the disease and
consumer activists on Wednesday filed a lawsuit to invalidate
a drug patent held here by U.S. pharmaceutical giant Bristol-Myers
Squibb. Three AIDS sufferers and the local Foundation for
Consumers filed a suit in the Central Intellectual Property
Court which claims the patent on the drug Videx EC should
be withdrawn. If they win their suit, other companies could
produce generic versions for the drug more cheaply. The plaintiffs
argue that Videx is not the company's innovation, but merely
a combination of an antacid and the active ingredient didanosine
for which the company holds no patent. Bristol-Myers developed
Videx after licensing didanosine from the U.S. National Institute
of Health. It claims Videx can be patented because it increases
the drug's effectiveness by including a buffering agent. The
company did not have a representative in court, and its executives
in Thailand did not return calls seeking comment. A Bristol-Myers
spokesman in the United States said last week that the company
was committed to providing drugs to fight AIDS at an affordable
price in the developing world. Kamol Uppakaew, a plaintiff
in the case, said it was well-known that antacids should be
taken with didanosine in order to reduce stomach acidity and
help the body absorb the drug. "It's just general knowledge,"
said Kamol, who is also a leader of the Thai Network for People
Living with HIV/AIDS. Health activists around the world have
been seeking to reduce the price of HIV medicines, saying
the high prices discriminate against the poor. Drug companies
have trimmed prices, but they generally oppose steep cuts,
saying they need to recover the high costs of research and
development. Last week, activists in Thailand won a minor
legal victory when the Central Intellectual Property Court
ruled invalid part of the Videx patent. The court's ruling
that Bristol-Myers' patent covers only pills containing between
5 and 100 milligrams of didanosine also know as ddI paved
the way for other drug makers to market pills with dosages
above 100 milligrams.
From ABC News-Business-Wire, 9 October 2002
China Computers Face
Virus Epidemic
Four out of five computers in China,
the world's largest computer and Internet market, have been
affected by computer viruses, according to a report in the
official state news service, China Daily. The results of the
six-week survey conducted by the National Computer Virus Emergency
Response Centre showed that the problem was worsening by the
year, highlighting the Chinese computer market's vulnerability
to infection. "Only 16 percent of computer users we sampled
this year reported they were free from any virus attack, while
last year nearly one in three users said they suffered no
computer infections," the newspaper quoted the researcher's
chief engineer, Zhang Jian, as saying. The Internet had this
year usurped software, such as floppy disks, as the main source
of computer viruses. The center reported that computer viruses
now represented a major threat to network security, as more
and more people - many not virus-conscious - used the internet.
Half of the infected machines had suffered data losses, problems
browsing the Web, or other damage, the China Daily said. Computer
viruses are small programmes often sent via e-mail or hidden
in other software. Once inside a computer, they can do malicious
tasks like erase data or reproduce and send copies to other
machines over the Internet. The good news - Despite the marked
increase in virus attacks, a recent worm called "Bugbear"
- which records keystrokes, increasing vulnerability to hacking
attacks - appeared not to have affected many systems in China,
the newspaper said. Only a small percentage of Chinese have
access to computers and the Internet, but with a population
of nearly 1.3 billion, the absolute numbers are still huge.
China added 12 million new Internet users in the first six
months of this year, pushing its total to more than 45 million,
official data showed.
From CNN, 10 October 2002
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Europe Teaches Privacy Lessons
Commentary - Pushed by supporters as
a model for the U.S., Europe's tough Internet privacy regulations
have come under fire - from surprising sources. The recent
European Union-sponsored Data Protection Conference on privacy
heard reports from businesses, media outlets, trade unions
and four EU nations that demonstrated why the United States
should not follow Europe's pro-regulation path in protecting
Internet privacy. Ever since the EU's data protection directive
took effect in 1998, pro-regulation privacy advocates have
been trying to convince the United States and the rest of
the world to adopt the European model. Under the directive,
e-mail addresses and other personal data can be disclosed
or transferred to third parties only with the individual's
explicit consent. Now that the model has been operational
for a few years, the excessive costs of strong privacy regulations
are apparent, but privacy worries remain high. This has led
to criticism from some unexpected places. Indeed, it came
as a surprise when Austria, Finland, Sweden, and the United
Kingdom--countries not generally critical of government intervention
- told the European Commission (EC) that there needs to be
"a better balance" between individual privacy and
the free flow of information. These countries highlighted
many problems with the directive, including "complex
and burdensome" procedural requirements and "resource-intensive"
consumer data access rules that add "little to the protection
of individuals' rights." The European Publishers' Council
(EPC), a group of media organizations, agreed. "It is
not uncommon for data access requests to involve two-to-five
days' work of several people," the EPC said, adding that
in some cases the request is "a fishing exercise to establish
whether any claim for damages might be assembled."
Conference organizers received numerous
submissions detailing the undue costs to consumers and businesses
of strict privacy regulations. These include the cost of having
to notify someone when their business card information is
entered into a database or, as the Information Security Forum
intoned, the high fees for the new bureaucratic "empire
of advisors" on privacy matters. But perhaps the most
significant costs affecting everyone are the barriers to trade
that Europe's regulations create. For instance, the German
industry group Bundesverband der Deutschen Industrie explained
that "procedures for the transfer of personal data to
both EU and non-EU countries often cause too much effort"
and "business transactions occasionally break down because
of the high requirements placed on this transfer in both cases."
U.S. firms have long complained of these problems, but now
that EU organizations and the governments of Austria, Finland,
Sweden and the U.K. are weighing in, perhaps the European
Council will listen. It's important to realize that regulation-induced
trade barriers exist even as companies make strong efforts
to meet privacy requirements. And as the German group mentions,
it's a problem within the EU market too. That's unfortunate
because one of the purposes of the directive was to harmonize
European privacy laws. Instead, the patchwork of legislation
seems to have grown, even upsetting trade unions. The Statstjänstemannaförbundet
(ST), a Swedish union of civil servants, recounted how the
directive created difficulties in handling insurance issues
for its members. Obtaining "consent" to use member
information under the directive is "scarcely feasible,"
they insisted. The ST also cited serious concerns about freedom
of expression. Strong privacy rules restrict freedom of expression
because they restrict the communication of facts - and the
EU is learning firsthand what that means.
According to the European Newspaper
Publishers' Association, "data protection legislation
has decreased the flow of information to the public. The police
and other public authorities have relied upon the data protection
principles as an excuse not to make public information that
was previously made publicly available or passed on to the
press." With all these problems and costs, it's becoming
clear that mandated privacy protection in Europe isn't satisfying
anyone. According to a study last year by the Europe-based
Consumers International nonprofit organization, self-regulated
U.S. Web sites were better at protecting privacy than their
government-regulated European counterparts. Despite - or maybe
because of - EU information rules, many businesses are not
complying with the privacy laws. Perhaps that's why a recent
EU poll showed that European consumers are afraid that their
personal data will be misused when they buy products or services
online. Protecting privacy is important, but information exchange
is also a necessary part of a thriving economy and a properly
functioning democracy. The lesson that U.S. lawmakers should
take from the EU's experience is that overly strict data regulations
will waste resources, reduce commerce and suppress freedom
of speech while providing few true privacy gains. Instead,
the U.S. should continue to allow consumers to decide their
own level of privacy protection by using privacy-protecting
technologies and by voting with their wallets. That is the
best path to privacy solutions. Sonia Arrison bioSonia Arrison
is director of the Center for Technology Studies at the California-based
Pacific Research Institute. She can be reached at sarrison@pacificresearch.org.
From ZDNet, by Sonia Arrison, 23 October
2002
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Iraq Government Gave $15 Mln to
Palestinian Families, Ha'aretz Says
Jerusalem - The Iraqi government has
given about $15 million to families of Palestinians killed
or injured in clashes with Israelis in the past two years,
Israel's Ha'aretz newspaper cited a captured Palestinian as
telling the Shin Bet security service. Families of people
killed received checks of $10,000 and wounded people received
amounts of $500 or $1,000 depending on the severity of the
injury, Ha'aretz cited Rakad Salim, the secretary general
of the pro-Iraq Arab Liberation Front in the West Bank, as
telling Shin Bet. Salim was arrested last week. Relatives
of suicide bombers have been among those who received checks
transferred from Iraq via a Jordanian bank, Ha'aretz cited
the Shin Bet report as saying. Salim, who told Shin Bet he
had connections to Iraq President Saddam Hussein's Ba'ath
party, said the Palestinian Authority was involved in the
transfer of the funds, Ha'aretz reported. Iraq intends to
increase its involvement in attacks on Israelis, Ha'aretz
cited unidentified officials in Israel's security service
as saying.
From Bloomberg-Politics, by Andrew Hobbs,
9 October 2002
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California Governor Ends Information
Technology Exemption
Gov. Gray Davis on Monday signed legislation
ending an exemption for the state's information technology
purchases from California's conflict-of-interest laws. Similar
bills have passed the Legislature before, only to be vetoed
by Davis and former Gov. Pete Wilson. But this time Davis
was prompted to agree after state consultant Logicon Inc.,
a reseller of Oracle software, became part of a $95 million
deal state auditors projected in April would have cost California
about $41 million in losses before the contract was rescinded.
In 1998, Sen. Steve Peace, D-El Cajon, tried to pass a similar
bill that would have prohibited a vendor whose bid is found
to have violated a conflict-of-interest provision from bidding
on these contracts for six months to two years. But Wilson
vetoed the bill. Davis vetoed Peace's 1999 attempt, on the
grounds it would unduly restrict flexibility in procuring
the state's computer hardware, software and technical services
by discouraging state and vendor interaction.
From Nando Times-Technology, 1 October 2002
Brazil Set for World's
Biggest Electronic Election
Electronic ballot boxes may need to
be ferried eight hours up river and powered by a car battery
for Brazil's elections but the speed of the result is still
likely to put the 2000 presidential poll in the United States
to shame. Brazil will hold the world's biggest electronic
election on Sunday as 115 million voters vote on 406,000 computerized
urns, from the metropolis of Sao Paulo to the steamy Amazon
jungle. Paulo Cesar Bhering Camarao, technology director at
the Supreme Electoral Tribunal, or TSE, expects at least 70
percent of the vote to be counted four hours after the ballots
close and 90 percent by the end of Sunday night. "We
expect to have the definitive results the next day, on Monday,
but don't ask me what time," he said, adding that collecting
votes from an area the size of the continental United States
was bound to mean some unforeseen glitches. "You can
say simply, the electronic urn has come to end once and for
all the possibility of fraud and corruption in the register
and counting of votes," Camarao said. It should be a
far cry from the wrangle over votes in the 2000 U.S. election,
which left the superpower without a new president for 36 days.Almost
two million people will help in the election in the world's
fourth most populous democracy. The task of distributing the
urns, which are the size of a supermarket checkout till, to
335,000 sites will be a challenge. "There is a voting
station in the state of Rondonia which is eight hours by boat
upstream in a place that doesn't have electricity," said
TSE spokesman Newton Franklin Almeida. "So the urn goes
there already primed, along with a car battery. "Brazil
first used electronic voting in 1996 in bigger state capitals
and municipalities. The cost of this election totaled 413
million reais ($114 million).
No Worries - Although some watchdogs
and technical experts say the urn cannot be 100 percent foolproof
and does not stop pre-election skulduggery like vote buying,
they are unable to find a flaw. "For us it has not been
a reason for worry," Eduardo Capobianco, president of
the Brazilian chapter of watchdog Transparency International.
"It's pretty modern and it gives the process more speed
and trustworthiness. "Not even the police discovery of
several bogus urns in Brasilia has shaken trust in the system,
although it prompted one presidential hopeful to accuse another
of vote-rigging. Voters will cast ballots for a federal deputy,
state deputy, two senators, a state governor, and a president.
Each of the 18,880 candidates in Brazil's 26 states and Federal
District are identified by a number which they have been drumming
into voters' heads. Presidential and gubernatorial candidates
take the two-digit number which identifies their party. For
example, left-wing Workers' Party presidential candidate Luiz
Inacio Lula da Silva is 13, a number which may prove lucky
if he can turn his big lead into a win in his fourth run for
president. It gets tricky after that with senators identified
by three numbers, federal deputies by four and state deputies
by five. This means a vote for a candidate in each category
means a string of at least 25 key punches on the electronic
urn - perhaps a tall order if you are among 15 million Brazilians
who cannot read or write in this vast country of 170 million
people. "The electoral court has two tips: the voter
should learn how to vote beforehand. And he should take the
numbers of his candidates with him so he does not forget them,"
Camarao said. The voter casts a ballot by punching in numbers
on buttons set out like a telephone. The candidate's photograph
and details then appear on a screen and the voter can correct
or confirm the choice. The voter can abstain by pushing a
white button labeled "blank." The blind feel their
way with Braille on the buttons. To make sure people get it
right, the tribunal has run television spots for months explaining
how the urn works. In one, a fisherman fixing a net in front
of his hut tells voters that it is easier for them to write
down their numbers than trying to remember them. The tribunal's
Web site www.tse.gov.br has a simulated urn where you can
chose between fictitious candidates like Carmen Miranda and
novelist Machado de Assis.
From ABC News-World-Wire, by Nicholas Winning,
2 October 2002
Aligning IT With Business
Mercury Interactive Corp. earlier this
week outlined a new Business Technology Optimization (BTO)
initiative intended to help IT better align its operations
with business goals. The application testing and management
provider, as part of its BTO effort, introduced the first
tool in a new suite that will help bridge the gap between
lines of business and IT operations. Measuring the performance
of business applications and presenting performance data in
a meaningful way to line-of-business managers has long been
a challenge for IT. Most management tools deliver metrics
that describe server utilization, CPU usage and the like,
but few link those metrics to business goals or show the impact
of performance problems or outages on the bottom line. "The
language IT speaks to measure the quality of an automated
process is different from that used by the business,"
said John Bruggeman, vice president of marketing for Mercury
Interactive in Sunnyvale, Calif. "The Line of Business
(LOB) wants to measure quality by 'how many more orders can
I process, how much cheaper is it to process an order, how
many orders can I process concurrently,' and so on. The technologists
enable them to measure: is the application available, is the
network bandwidth enough, is the application secure, is the
database accessible." In fact, in a Mercury Interactive
study conducted by Forrester Research of Cambridge, Mass.,
only 25 percent of IT executives at Fortune 500 companies
surveyed said that their organizations did very well at defining
and measuring the IT performance of automated business processes
against service levels that matter to business. The study,
just released this week, at the same time found that 51 percent
plan to transform IT into a service-driven or business-centric
model over the next two years.
From eWeek, by Paula Musich, 3 October
2002
Watchdog System Failed
in Enron Case, Senate Report Says
Washington - The federal market watchdog
failed to discover and prevent the massive accounting failure
at Enron Corp., as did Wall Street's informal system of policing
corporations, a Senate panel said Monday. The Senate Governmental
Affairs Committee, which has investigated the role of the
Securities and Exchange Commission and industry watchdogs
in the energy-trading company's stunning collapse since early
summer, said oversight must be tighter. It said the failures
could be pinned on financial analysts, credit-rating agencies
and auditors, as well as the SEC. The report came as House
Democrats criticized the SEC's reported rejection, amid Republican
and industry opposition, of pension fund director John Biggs
to head a new independent board to oversee the accounting
industry. "We strongly urge you to resist bowing to pressure
to reject a candidate due to industry opposition," wrote
House Minority Leader Dick Gephardt, D-Mo., and other Democrats
to SEC Chairman Harvey Pitt. Biggs is chairman and chief executive
of TIAA-CREF, a teachers' pension fund that is one of the
nation's largest. The Senate committee has received some 2,500
pages of documents under subpoena from the White House related
to contacts with Enron officials. But it did not address that
issue, a potential political embarrassment for President Bush,
in its lengthy report. Committee spokeswoman Leslie Phillips
said recently that staff investigators were continuing to
examine the documents. The new report said the SEC staffers
failed to review Enron's earlier financial reports filed with
the agency. Had they done so, it said, "they would have
had an opportunity to uncover some of the problems with the
company's financial practices that appear to have been signaled
in those documents." In addition, the report noted, the
regulatory agency made earlier decisions allowing Enron to
engage in certain accounting practices and exempting the energy-trading
company from some federal requirements.
"The leeway afforded Enron by
these determinations in certain cases appears in fact to have
been abused by the company in ways that ultimately played
a role in Enron's collapse," the report said. In a statement
Monday, Pitt said the SEC will carefully study the report,
which he said "details the bitter aftermath of the over-exuberance
of the 1990s" in the bullish stock market. "Under
my leadership, we are already well engaged in taking important
steps to improve corporate disclosure and enforce securities
laws without delay," Pitt said. He said he appreciated
the committee's having noted in the report that the SEC needs
additional staff and updated technology to monitor companies.
Houston-based Enron slid into one of the biggest corporate
bankruptcies in U.S. history last December, toppled by a complex
web of thousands of partnerships used to hide some $1 billion
in debt from the SEC and shareholders. Its failure, which
decimated the retirement savings of thousands of employees
and hurt individual investors and pension funds nationwide,
became the first in a series of big company scandals that
shook public confidence in the stock market and the integrity
of corporate America. Last week, the Justice Department charged
Andrew Fastow, Enron's former chief financial officer and
the alleged mastermind behind the partnerships, with fraud
and conspiracy. His attorney said Fastow, the most prominent
Enron figure targeted by federal prosecutors to date, was
just following orders from top company executives. The Senate
report, released by Governmental Affairs chairman Joseph Lieberman,
D-Conn., also cited the oversight failure of Wall Street analysts
- many of whom continued to issue bullish "buy"
recommendations for Enron even as its stock slid last year.
Many of the analysts' brokerage firms did investment-banking
business for Enron, a built-in conflict of interest cited
by the committee and other critics. In addition, the report
said, Wall Street credit-rating agencies such as Standard
& Poor's and Moody's Investors Service failed to ask probing
questions about Enron's financial condition, as did Enron's
directors and the company's longtime auditor, Arthur Andersen
LLP. "These failings call into question the basic assumptions
on which our financial regulatory framework is built,"
the report said. Andersen was convicted in June of obstruction
of justice for destroying thousands of Enron audit documents.
From Nando Times-Business, by Marcy Gordon,
7 October 2002
E-Commerce Gets Real
New York - Looks like
dot-com investors weren't the only ones with a bad case of
irrational exuberance. Back in the day, giddy researchers
at International Data Corp. predicted that e-commerce sales
would top $1 trillion by 2003. For 2004, Forrester Research
said U.S. consumers would plunk down $3.2 trillion on the
Web. Throw in shoppers from Asia, Eastern and Western Europe,
Africa, the Middle East and Latin America - and the take would
be nearly $6.5 trillion. How could you call it unrealistic
when it would only mean that every man, woman and child on
the planet would have to spend just $1,000? So it should come
as no surprise that there's going to be an earnings shortfall
on the e-commerce front. Amazon.com (nasdaq: AMZN - news -
people ) and eBay (nasdaq: EBAY - news - people ), the two
powerhouses of Internet retailing, did just under $3.9 billion
in total sales last year. But that doesn't mean that e-tailing
isn't making serious headway. As the stories in this package
show, Web retailers are forging ties with mainstream finance,
beefing up their infrastructure and providing a much-needed
lift to shippers. We could hit our numbers yet.
From Forbes, 8 October 2002
Lawmakers Tell FCC's
Powell to Enforce E-911 Rules
Washington - Key Senate members said
further delay in the rollout of location-based wireless 911
service is unacceptable, a pronouncement that comes as Cingular
Wireless L.L.C. and AT&T Wireless Services Inc. back away
from the technology fix they were considering and as federal
regulators mull fines for non-compliance. "We cannot
allow for continued waivers to stand in the way of increased
safety for cell-phone carriers," said Sen. Conrad Burns,
ranking member of the Senate communications subcommittee,
in a statement. On Monday, Burns and Sen. Daniel Inouye (D-Hawaii)
sent a letter to Federal Communications Commission Chairman
Michael Powell directing the agency to move aggressively to
enforce compliance with enhanced 911 rules. "Some companies
have been moving forward and making changes to allow for better
911 location introduction on cell phones, but we must implement
this critical technology across the board," said Burns.
RCR Wireless News this week reported that Cingular suspended
shipments of Enhanced Observed Time Difference of Arrival
technology because of concerns about whether it can meet federal
guidelines and that e AT&T is evaluating alternative E-911
solutions. Both are GSM carriers. T-Mobile USA, a third GSM
mobile phone operator, said E-OTD technology works and that
it is on track to meet interim FCC benchmarks next year.
From RCR Wireless News, 8 October 2002
Microsoft Outlines
Integration Plan
At its MEC 2002 conference in Anaheim,
Calif., Tuesday, Microsoft Corp. announced a new server product
that essentially segues the company into an integration provider
role. With the release of Content Management Server 2002,
which gives business users the ability to publish directly
from Word to a Web site and to federate content, as well as
providing deep integration with Visual Studio .Net, the company
also officially announced its plans for providing integration
and business process automation functionalities. Code-named
Jupiter, the plan calls for the integration and componentization
of Microsoft's e-business servers. Content Management Server
will be integrated with Microsoft BizTalk Server and Commerce
Server to enable users to leverage their inherent technologies,
including Visual Studio .Net, Windows application server and
Office. Microsoft's vision for Jupiter is essentially one
of providing integration and business process automation in
an overriding architecture. The idea is that by componentizing
its e-business products internally, Microsoft will be able
to provide customers with a set of integration and business
process automation tools that they can customize based on
their needs. There are four core design features for Jupiter.
The first is giving users the ability to create and extend
business processes in and outside their organizations. The
second theme is interoperability, or enabling companies to
integrate third-party applications and platforms and provide
support for Web services, so new applications built using
XML will be easy to integrate. The third theme is integration,
providing a single set of workflow tools. And the fourth is
componentization for flexibility in designing e-business platforms.
Jupiter is scheduled to be released in two phases, the first
focused on business processes and integration and available
in the second half of 2003. The second phase will add commerce
and content management functionality and will be released
the first quarter of 2004.
From eWeek, by Renee Boucher Ferguson,
9 October 2002
Judge Orders Ports
Opened
New York - Work to resume Wednesday
evening, following judge's mandate; hearing set for next week.
The West Coast ports are slated to reopen Wednesday evening
after a federal judge ordered a temporary restraining order
to end a labor dispute that has choked U.S.-Asian trade and
cost the struggling U.S. economy an estimated $2 billion a
day. President Bush had sought a court order to force operators
of 29 ports from Seattle to San Diego to reopen to dockworkers,
who earlier accused management of being in cahoots with the
government. Following the Justice Department request, U.S.
District Judge William Alsup in San Francisco ordered both
sides back to work temporarily while also requiring them to
appear at an injunction hearing one week from Wednesday. "The
lockout is over as of now, at least for the duration of this
order," Judge Alsup said. Tuesday's temporary restraining
order lasts until 5 p.m. on October 17, a day after the hearing.
It is likely that the week the ports are open before Wednesday's
hearing would count as part of the Taft-Hartley 80-day cooling-off
period, a legal source close to the case told CNNfn. Judge
Alsup also warned the union not to engage in the slowdowns
that management has accused it of. The Pacific Maritime Association
(PMA), the management group that represents major shipping
lines and terminal operators that locked out the union, had
estimated that it could reopen the ports within one shift
after any court order, or as soon as Wednesday. Pickets were
being pulled from the docks, and orders for workers began
going in as soon as the judge made his order. TAFT-HARTLEY'S
ROLE IN PORT DISPUTES - Richard Mead, president of ILWU Local
10 in San Francisco, expected work to resume around 7 p.m.
PT Wednesday at the docks in his area. Meanwhile, about 200
ships remained anchored off the coast waiting to load or unload
cargo. Millions of dollars of fruits and vegetables are rotting
while waiting to be shipped. The lockout has disrupted the
flow of parts needed for assembly lines and could make it
tough for retailers to stock shelves as the holiday shopping
season approaches. When ports reopen, questions will remain
about when containers of goods and foods, automobiles and
bulk items such as grain, coal and forest products will be
able to start flowing again at a normal pace. PMA CEO Joseph
Miniace estimated that it will take at least six weeks to
work through the freight backlog, assuming union members work
at normal levels of productivity. But he said it was uncertain
that such "normal" productivity levels will be achieved.
Bush steps in The president's invocation of the Taft-Hartley
Act, last used by President Jimmy Carter, had been expected.
A panel he appointed said Tuesday it
had "no confidence" that the two parties would resolve
the dispute "within a reasonable time." "This
dispute between management and labor cannot be allowed to
further harm the economy, and force thousands of working Americans
from their jobs," Bush said in remarks just before 4
p.m. ET outside the White House. Moments before Bush announced
that he was requesting the 80-day stay, the dockworkers' union
agreed to return to work Wednesday under a 30-day contract
extension, a move that management said is "nothing but
a band-aid on a serious wound." The invocation of the
Taft-Hartley Act "was something we had hoped to avoid
but was clearly something (management) wanted," said
Steve Stallone, president of the International Longshore and
Warehouse Union. The PMA, meanwhile, said Bush "acted
in the best interests of the country, the economy and our
national security." A group that speaks for the nation's
retailers praised Bush's move, which comes amid criticism
that the president has focused too much on Iraq at the expense
of the economy. "We hope that the courts act promptly
and grant the president's request for an injunction,"
Tracy Mullin, CEO of the National Retail Federation said in
a statement. A New York Times/CBS News poll published Monday
showed that Americans want Bush to spend more time on an economy
whose recovery has proven stubborn. The stock market, which
has been falling for six straight weeks, rose Tuesday as news
of the Bush intervention leaked out. Retail stocks Wal-Mart
(WMT: Research, Estimates), Home Depot (HD: Research, Estimates)
and Target (TGT: Research, Estimates) all rallied. Bush's
move risks alienating labor unions, which traditionally vote
for Democrats, four weeks before mid-term elections will determine
control of Congress. The International Longshore and Warehouse
Union said the president's move favors port operators. "Taft-Hartley
fits in with their bargaining strategy," Lindsay McLaughlin,
legislative director for the ILWU told CNNfn's Money &
Markets. He said the union would comply. PMA had accused the
International Longshore and Warehouse Union of waging work
slowdowns, which management said amounted to union requests
to have a "strike with pay."
From CNN-Politics, 8 October 2002
Jimmy Carter to Lead
Observer Team in Jamaica Elections
Kingston, Jamaica - Former President
Jimmy Carter will lead an international delegation to observe
Jamaica's tightly contested upcoming general elections, the
Carter Center said Tuesday. Carter arrives Oct. 14, two days
before Jamaicans cast ballots in islandwide races muddied
by a surge of violence between supporters of the governing
People's National Party and the opposition Jamaica Labor Party.
The 55-member delegation will include observers from 16 countries,
including former Costa Rica President Miguel Angel Rodriguez.
Carter, who observed Jamaica's 1997 elections, will join other
observers monitoring polling stations and ballot counting
on election day. ''Jamaicans have voiced a clear commitment
to an open electoral process, and we are optimistic this will
be another proud moment in Jamaica's history,'' Carter said.
Recent polls give a slight edge to the People's National Party
to defeat the Labor Party and win an unprecedented fourth
term.
From MSNBC, 9 October 2002
Wearable Computers
Are The Wave of the Future, Experts Say
Say you're so hooked to your mouse,
keyboard and computer monitor you can hardly tear yourself
away from your terminal. You don't have to. You can wear your
computer. Thad Starner, a computer science professor at Georgia
Tech, has been walking around with his for nearly a decade.
"Most people who stand in line at the airport are just
waiting there, bored. I'm writing the next chapter of my book
or reading e-mail," Starner said Tuesday at the International
Symposium on Wearable Computers at the University of Washington.
Starner's gear, which costs about $4,500, includes a micro-optical
monitor hooked to his glasses, a cell phone-shaped keyboard
he straps to the back of one hand and a small black bag that
holds a 1 1/2-pound computer. "We're going through another
computer revolution," said Starner, who, as a student,
founded the Massachusetts Institute of Technology's Wearable
Computing Project in 1993 and is now part owner of Charmed
Technology Wireless Eyewear, based in Santa Monica, Calif.
"Just like the change from the mainframe to the minicomputer
and ... the minicomputer to the PC, we're going to have a
switch to wearable, which is going to completely change the
way people think about computing." Microvision, Inc.,
based in Bothell northeast of Seattle, markets a personal
display system called Nomad. It's a headset with a two-dimensional
display window that hangs in front of one eye. The company
has sold 70 of the devices - which can be connected to other
computer systems - since they went on the market early this
year. Surgeons are beginning to use it during image-guided
operations like hip replacements. Normally, they'd have to
turn their heads to watch a television monitor showing them
where they're supposed to cut. When they wear a Nomad, the
images they need to see are right in front of their eyes,
superimposed on the patient. Some small-plane pilots use the
Nomad as a way to keep their eyes on the sky and their gauges
at the same time. "They're retailing at $10,000, which
obviously you and I can't buy," Microvision spokesman
Matt Nichols said. "But with volume, you've got a product
where the components are only $40 or $50." The sixth
annual symposium, sponsored by the Institute of Electrical
and Electronics Engineers, runs through Thursday. Tuesday's
lineup included a fashion show where models showed off MP3-wired
jackets, arm-mounted keyboards, jackets that monitor your
heart rate and various head-mounted display systems. Some
concepts aren't yet ready for the marketplace, but to wearable
computer gurus, ideas can be as exciting as products. With
the cell phones, personal digital assistants and global positioning
system-driven gadgets beginning to proliferate, it's only
a matter of time before they all get sewn into clothing. "Wearable
computing is inevitable," said Mark Billinghurst, director
of the Human Interface Technology Laboratory in New Zealand.
From Nando Times-Technology, by Elizabeth
M. Gillespie, October 2002
2 Americans Win Nobel
for Economics
Stockholm, Sweden - 2 Americans Win
Economics Nobel for Using Psychological Research, Lab Experiments
in Analysis - Two Americans won the Nobel prize for economics
on Wednesday for pioneering the use of psychological and experimental
economics in decision-making to make markets safer. It was
the third year in a row that Americans have taken the prize.
Daniel Kahneman, 68, a U.S. and Israeli citizen based at Princeton
University in New Jersey and Vernon L. Smith, 75, of George
Mason University in Fairfax, Va., will share the $1 million
prize. Of the 51 people who have received the prize, 34 have
been from the United States. Their research has paved the
way for scientists to rely less on observation of actual economies
in decision-making and more on controlled laboratory experiments.
Kahneman has integrated insights from psychology into economics,
"especially concerning human judgment and decision-making
under uncertainty," the Royal Swedish Academy of Sciences
said in its citation. His experiments in probability theory
showed a shortsightedness in interpreting data that could
explain large fluctuations on financial markets and other
phenomena that elude existing models, the academy said. Smith
laid the foundation for the field of experimental economics.
His theories have proven that markets don't necessarily have
to have a large number of buyers and sellers to operate efficiently.
The academy singled out his use of "wind-tunnel tests,"
where trials of new, alternative market designs are done in
the laboratory before being implemented. That could be useful,
for example, in deciding whether to deregulate electric companies
or privatize public monopolies, the citation said. Smith "established
laboratory experiments as a tool in empirical economic analysis,
especially in the study of alternative market mechanisms,"
according to the academy. He is the second George Mason faculty
member to be awarded the economics prize. In 1986, James M.
Buchanan Jr. received the prize for his work on public choice
theory. Wednesday's announcement of the economics prize was
the second Nobel of the day.
The chemistry award went to John B.
Fenn of the United States, Koichi Tanaka of Japan and Kurt
Wuethrich of Switzerland for inventing techniques used to
identify and analyze proteins that have revolutionized the
search for new medicines. Last year, three Americans won the
economics prize for advances in ways to analyze markets that
can be applied to both developing and advanced economies.
George A. Akerlof of the University of California at Berkeley,
A. Michael Spence of Stanford University and Joseph E. Stiglitz
of Columbia University were cited "for their analyses
of markets with asymmetric information," referring to
the fact that some market players have better information
than others. In 2000, the economics prize went to James J.
Heckman and Daniel L. McFadden of the United States for their
work in developing theories to help analyze labor data and
how people make work and travel decisions. Past awards have
recognized research on topics ranging from poverty and famine
to how multinational corporations reap profits, and theories
on how people choose jobs and the welfare losses caused by
environmental catastrophes. The medicine, physics, chemistry,
literature and peace prizes were established in the will of
Alfred Nobel, the Swedish industrialist and inventor of dynamite,
and were first awarded in 1901.The Bank of Sweden Prize in
Economic Sciences in Memory of Alfred Nobel was established
separately in 1968 by the Swedish central bank but is grouped
with the other awards. It was first awarded in 1969.The physics
winners were announced Tuesday, a day after the awarding of
the medicine prize. The literature prize winner will be revealed
Thursday and the peace prize on Friday in Oslo, Norway. The
prizes are presented to the winners Dec. 10, the anniversary
of Nobel's death in 1896.On the Net: Nobel site: http://www.nobel.seSmith:
http://www.gmu.edu/departments/economics/facultybios/smith.htmlKahneman:
http://www.princeton.edu/ 7/8psych/PsychSite/fac kahneman.html
From ABC News-Business-Wire, 9 October 2002
Using P2P Technology
for Content Delivery
Jibe Inc. is aiming to use the advantages
offered by peer-to-peer technology-including little or no
hardware or monthly usage costs-in its new content delivery
network software. The Tampa, Fla., company on Monday released
EdgeBurst Delivery System 1.0, which officials said will offer
significant improvements in performance, scale and cost over
more traditional hardware-based cache or streaming servers.
According to CEO Neal Ater, the convergence of expanding broadband
connectivity, compression technology such as mp4, and greater
encryption and other security for digital content has opened
the door for peer-based content delivery for such uses as
training and corporate communications. It will reduce bandwidth
costs while speeding up rich media downloads, giving enterprises
a "TV-quality standard of user experience," said
Jibe President Greg Schmitzer. At the core of EdgeBurst, which
is compatible with popular media players such as RealNetwork
Inc.'s RealPlayer, Microsoft Corp.'s Windows Media Player
and Apple Computer Inc.'s QuickTime, is MediaScout, a Web-based
centralized server component that gives the administrator
control over the content delivery network. It provides a user
interface into the peer network, controls user access to content,
tracks content locations and gives users search results, company
officials said. FuseBox is a development kit that enables
enterprises to integrate the system into their content and
management software. It comes with integration points, custom
Web site tags and application program interfaces. EdgeBurst
enables content items to be downloaded from other EdgeBurst
clients simultaneously, which increases download speeds, the
company said. EdgeBurst also enables users to view video playback
during a multi-source download. Key to the EdgeBurst Delivery
System are its security features, which include encryption
of all messaging between peers or between peers and the administrator,
and all content is secured using Secure Sockets Layer encryption.
Patent-pending hashing algorithms are used to verify the content,
and another feature, PeerCommand, enables the system to be
centrally managed using digital certificates. The system can
either be hosted by the enterprise or by Jibe, Ater said.
Pricing for the EdgeBurst Delivery System starts at $50,000
for up to 5,000 users/subscribers.
From EWeek, by Jeffrey Burt, 21 October
2002
E-Commerce Patent Disputes
Erupt
Can, and should, anyone own patents
on the fundamental technologies behind e-commerce? Those questions
have come up before, and often did so during the heyday of
the dot-coms. Then, owning patents for the computer-to-computer
transaction methods that enabled electronic shopping was a
central part of how e-commerce companies competed. Now, there
is a new set of legal disputes over what parts of e-commerce
processes can be protected by patents. Lawsuits brought by
Chicago-based divine, inc., a provider of software-driven
and managed enterprise services, charge that several e-commerce
companies have breached its patents. There could be more legal
machinations implied, and some sources tell PC Magazine that
the disputes could quickly extend to any site doing e-commerce.
In a stock-for-stock merger in October of last year, divine
acquired Open Market, Inc.-a high-flying company during the
dot-com boom that fell on hard times during the dot-com downturn.
In conjunction with that merger, Divine acquired Open Market's
patents, several of which pertain to business practices used
in conducting e-commerce, and the specific technologies used
while carrying out e-commerce transactions. Open Market was
often cited during the dot-com boom as the owner of patents
on online shopping carts and online credit-card transactions.
One of the central patents Divine acquired when it absorbed
Open Market is titled "Network sales system," and
can be viewed at the United States Patent and Trademark Office
Web site by doing patent number search for 5715314.According
to one source-who requested anonymity-at an e-commerce company
named in one of the patent lawsuits from Divine, the Network
sales system patent is central to Divine's legal position.
The source claimed that the rights on e-commerce processes
that Divine is citing in its suits are broad enough that "they
claim a patent on e-commerce, and their various claims couldn't
get more general than they are. "PC Magazine contacted
several of the e-commerce providers served with suits from
Divine (a number of the cases are on the docket of the U.S.
Northern District Court in Illinois), but officials at the
companies declined to speak on the record due to ongoing litigation.
Rich Nawracaj, associate general counsel
for Divine, confirms that Divine has served Abed.com, Allwall.com
(which acquired Art.com), Bellacor.com, FTD.com, Ethnicgrocer.com,
and wine.com with suits related to the Network sales system
patent. A visit to the Patent Office's Web site does yield
more information about the patent. The first part of the text
of the concentrates on actions that, it could be argued, are
not only currently carried out at nearly every e-commerce
site in existence, but were carried out on EDI architectures
and other networks before Web-based commerce existed."
A network-based sales system includes at least one buyer computer
for operation by a user desiring to buy a product, at least
one merchant computer, and at least one payment computer,"
reads the patent. "The buyer computer, the merchant computer,
and the payment computer are interconnected by a computer
network. The buyer computer is programmed to receive a user
request for purchasing a product, and to cause a payment message
to be sent to the payment computer that comprises a product
identifier identifying the product." The text of the
patent goes on to describe secure transactions that, arguably,
might occur on the back-end of nearly any e-commerce site's
system. "The payment computer is programmed to receive
the payment message, to cause an access message to be created
that comprises the product identifier and an access message
authenticator based on a cryptographic key, and to cause the
access message to be sent to the merchant computer,"
the patent continues. "The merchant computer is programmed
to receive the access message, to verify the access message
authenticator to ensure that the access message authenticator
was created using the cryptographic key, and to cause the
product to be sent to the user desiring to buy the product."
What is Divine's response to charges that the Network Sales
System might be open-ended enough that it could apply to almost
anyone doing e-commerce? "When issued, a patent and its
claims are presumed to be valid," says Divine's Nawracaj.
"That is one of the basic tenets of the U.S. Patent and
Trademark Office and of its policies and procedures. Generally
speaking, we don't comment on our interpretation of particular
claims." Nawracaj also stresses that the Network Sales
System patent is not the only one in the Divine's patent portfolio.
"Among our patents in our portfolio
are what we consider the legacy Open Market patents, telephony
patents, and a patent we have on Internet searching technology.
All these patents are subject to our pursuit efforts."
Nawracaj says that when Divine encounters what it believes
to be patent infringement, the company is frequently willing
to discuss terms of a settlement in lieu of litigation. "When
we approach these companies initially, we conduct due diligence
with respect to what we can observe on their Web site and
compare those facts to the claims of the patent," he
says. "When we come to a point where we believe that
our patent is infringed, we approach the company and notify
them. We invite them to discuss with us the issues involving
the infringement, and specifically any kind of technology
they may have under their Web sites that we cannot see."
The terms of settlements can and have been reached in this
fashion, according to Nawracaj. Divine has settled one of
its e-commerce lawsuits, which Nawracaj confirms was focused
on the Network sales system patent, with FTD.com. The disputes
between Divine and e-commerce companies conjure up previous
philosophical debates over e-commerce patents. As battles
over patents took off at a furious rate during the dot-com
era, many players in the e-commerce space called for patent
reform, arguing that there was rampant territorial behavior
going on. For example, Amazon.com Jeff Bezos posted an open
letter on the Web in March of 2000-just before the fortunes
of many dot-com companies plummeted-calling for legislation
to reform software and e-commerce patents. The letter called
for fewer patents, shorter lives for patents, and higher quality
patents. Amazon.com itself, though, became involved in several
disputes over patents, including a high-profile dispute with
BarnesandNoble.com over a patent pertaining to one-click online
shopping. Stanford law professor and cyberspace pundit Lawrence
Lessig has also been very vocal in opposing many kinds of
Internet-related patents, as he was in a 1999 keynote address,
transcribed on the Web, where he said, "we have entered
a time when the code of our time can be written such that
people who own intellectual property have the power-through
law and through this code-to close off, to stop, to own an
idea, and to make criminal, or at least extremely difficult,
any use of that idea beyond the owner's permission."
From Nando Times-Business, by Sebastian
Rupley, 22 October 2002
'America's Mayor' Tries
to Clean up Mexico's Crime
Mexico City - Former New York Mayor
Rudolph Giuliani is about to face what observers say is his
biggest crime-fighting challenge yet: bringing law and order
to a place where its disregard is a way of life. Mr. Giuliani's
consulting firm signed a $4.3 million contract with Mexico
City earlier this month to advise local police on his acclaimed
crime-fighting techniques. Giuliani's "zero tolerance"
policy has been credited for reducing New York City crime
by 57 percent. Mayors are eagerly adopting similar policies
in cities such as Baltimore and Los Angeles, and Giuliani's
firm is talking with several European cities about consultation.
But as his team starts work tomorrow (Giuliani will fly in
next month), the Giuliani vision will be tested for the first
time in the developing world and in a city where the police,
not just the criminals, can be the biggest obstacle to safe
streets. Giuliani argues that Mexico City and the Big Apple
aren't so far apart when it comes to fighting crime. "There
are differences ... but I'm not sure those differences are
relevant to crime reduction," Mr. Giuliani said last
week. Mexico City residents disagree. Take the case of Matt
Blackburn, a journalist who moved from Idaho to Mexico City
earlier this year. Within weeks, he was flying back home,
stunned from two successive muggings. But Mr. Blackburn was
assaulted by the cops, not the robbers. Policemen abducted
him in their patrol car, he says, and robbed and dumped him
in one of Mexico City's many slums. Only 3 percent of Mexicans
have confidence in the police. "The difference is, in
the US, people aspire to be law-abiding citizens," says
Mario Arroyo, a researcher at the International Center for
Safety Studies in Mexico City. "Here in Mexico, respect
goes to those who evade the law." At red lights, cars
edge forward seeking gaps in the traffic. Few people pay their
taxes, giving Mexico one of the lowest collection rates in
the world.
This lawlessness clashes with Giuliani's
law-and-order gospel, which holds that the smallest disorder,
such as a broken window, can stain society and lead to a downward
spiral of antisocial behavior. Zero tolerance has police cracking
down on graffiti and traffic violations. Jose Antonio Ortega,
secretary for crime issues at COPARMEX, an organization that
represents businesses, takes an optimistic view. "If
we can change our mentality to one of 'the perpetrator pays,'
" he says, "that will be a huge gain for the country."
Likewise, police chief Marcelo Ebrard says he wants to make
crime "more expensive" for perpetrators. Echoing
Giuliani, Mr. Ortega argues that Mexico's worst menace today
- its kidnappers - could have been stopped back when they
were small-time crooks. Today, Mexico is second only to war-torn
Colombia in number of kidnappings. Zero tolerance also includes
environmental actions like cleaning the city and creating
venues where people feel safe after dark. A foundation led
by billionaire Carlos Slim is cleaning up the decrepit historical
city center, which becomes dark and crime-ridden at night.
But social trends in Mexico are not favorable. While Giuliani
benefited from the Wall Street boom and an aging New York
City population, Mexico's economy is struggling. And those
under age 21 make up over half of the population. Ortega has
little patience for this "economic fatalism." He
says crime can be defeated with a mix of cultural and organizational
changes. For several years he has espoused Giuliani's policies
as the key, especially to reforming the police department.
Ortega hopes Giuliani's advice will professionalize the management
of the police department. "We need commitment, accountability,
crime-fighting objectives, and an ongoing evaluation,"
he says. "What we have now is complete disorder."
Others go further, warning that unless the police department
is revamped first, zero tolerance will only increase opportunities
for crooked policemen to abuse and shake down citizens. "The
police is the biggest offender," says Arroyo. In changing
the New York police, Commissioner William Bratton held his
district heads accountable for their success in fighting crime,
querying them regularly on performance. He relied heavily
on statistics, using computers to analyze crime data and send
forces where they were most needed. The trouble in Mexico
is that crime statistics are incomplete. Most crimes go unreported,
because victims dread the hours of waiting and the endless
paperwork involved. With little prospect of justice being
done, only 7 percent of assault victims bother to report the
crime to the police. Still, even a flawed system of accountability
could be crucial to free the Mexican police force from the
grip of a tightly knit group of officers known as the "brotherhood."
It is this brotherhood which for the past 20 years has stood
in the way of modern crime fighting.
It controls most of the department's
operations and takes a cut of policemen's bribes. Ordinary
policemen spend up to $40 a week on various favors that are
controlled by the brotherhood. They pay to avoid dangerous
assignments and bear expenses for uniforms, weapons, vehicle
repairs, and even for official paperwork. "If I don't
pay, they'll still give me a uniform," explains "Chris,"
a motorcycle agent who spoke on condition of anonymity. "But
it'll be two sizes too small." With an income of just
$280 per month, agents seek bribes to supplement their pay.
Chris says with an embarrassed grin that he reaches $1,000
per month. Whereas Giuliani was able to release many older,
possibly corrupt officers, Mexican regulations require proof
of violations. But a system of performance-based promotions
could do the same job, albeit more slowly. Giuliani will most
likely recommend a salary raise, and improved recruitment,
and training practices. Currently, entry requirements are
flimsy, attracting recruits with no more than primary education.
"The police is seen as the profession of last resort,"
says Carlos Tornero, police chief in the town of Queretaro.
"When I walk down the street, people swear or make jokes
about me," says Chris. Raising salaries would send a
message that policemen are valued, regaining respect and attracting
better recruits. Better education is another necessity. During
his police academy training, Chris didn't even learn how to
shoot. In a recent, highly publicized retraining of his motorcycle
unit, "all we did was play football for four months,"
he says. "The higher officers don't want better-trained
subordinates, because they're harder to abuse," he says.
It would be impossible to apply zero tolerance overnight,
but Mr. Ebrard has already started little by little. His policemen
now enforce traffic rules on the main thoroughfare of Insurgentes
- no small feat in Mexico City. The program has reduced traffic
jams, and some hope it could show people the benefits of driving
by the rules. Ortega defies the naysayers who say it can't
be done. "Either we make a drastic change," he says.
"or else we're fried."
From Christian Science Monitor-Americas,
by Alexander Hanrath, 22 October 2002
Web Services a Decade
Away
The ultimate promise of Web services--delivering
software as a service - is at least a decade away from being
fulfilled, according to a report from IDC. In the report,
released Thursday, the market researcher said that Web services
are proving their worth as corporations adopt the concept
and plug disparate systems together, but that the changeover
still has years to go to reach its high-water mark. IDC's
report echoes what chief information officers have been saying
for months: CIOs are hedging their bets amid multiple standards
and looking for more agreement on key issues such as security--the
underpinning of Web services. Microsoft, Sun Microsystems
and numerous other companies are pitching their notions of
Web services as a way convince customers to buy from a single
technology provider. But tight IT budgets mean that Web services
are being used merely as integration tools, said IDC, noting
that "most of the Web services vision is just pure speculation."
IDC argues that delivering software as a service will require
a lot of components and applications that don't yet exist.
In addition, "the sharing of components and data required
by the Web services vision will raise a number of difficult
business, legal and contractual issues," said IDC. For
Web services to work as imagined, IDC said, technology hurdles
must be the first challenges overcome, but businesses also
will have to change the way they view software and intellectual
property rights. Proponents of the Web services vision also
face work in the areas of security, standards and privacy.
From ZDNet, by Larry Dignan, 24 October
2002
Crime Threatening Caribbean
Tourism - Financial Pressure in Area's Nations Not Easing
Freeport, Bahamas - Crime and the scruffy
surroundings of resort areas are hampering Caribbean tourist
officials' efforts to make more money in hard times by enticing
visitors out of their hotels. The problem, say local politicians,
is not confined to the violent island of Jamaica, which has
one of the highest murder rates in the world, but is evident
across the Caribbean, a popular winter vacation destination
for Americans and Europeans. Officials say minor crimes like
pick-pocketing, and harassment of visitors can have a devastating
effect on tourism throughout the region. They cite harassment
on beaches for the Bahamas losing its edge over other destinations.
"Why would a visitor want to leave a clean, safe, all-inclusive
resort to be exposed to filth and rip-offs? How many times
have we seen dead animals in the streets on the way to resorts?"
Bahamas Prime Minister Perry Christie said at this week's
Caribbean Tourism Conference. "A band of no-good young
fellows does not have the right in our countries to cause
the nationals to suffer," he said. "A priority must
be placed on stamping out criminal behavior." For much
of the Caribbean, tourism accounts for more than 50 percent
of the economy, and up to 90 percent on smaller islands. It
is the largest foreign exchange earner for the region and
the largest employer, with more than 1 million Caribbean people
working in the sector. But the islands have been hammered
by economic weakness that began in 2001 and the severe drop
in travel after that year's September 11 attacks on the United
States. The financial pressure has so far shown no sign of
easing, with soft hotel bookings and flight reservations ahead
of the important winter travel season. It has also left some
tourism ministers and travel agents worrying quietly about
rising crime.
Crime statistics are often hard to
come by, as many of the region's governments do not readily
disclose figures. Anecdotal evidence highlights incidents
during 2001 such as a series of rapes in St. Lucia and a shooting
in St. Thomas in the U.S. Virgin Islands, that left a U.S.
teen-ager paralyzed. This year, Guyana has fallen prey to
a spate of shootouts and murders while Barbados has seen an
upsurge in break-ins. Country's crime hurts region's tourism
- Economic sluggishness and rising unemployment has often
been linked to increases in crime, which in turn discourages
tourists from visiting not only the country in question but
the whole region. "In the context of people traveling
globally, they are not distinguishing in any great detail
between a country here and a country there in this region,"
Christie said. Violence and crime rates are indeed a consideration
for tourists when choosing destinations, agents said. A business
study from the Karma Center for Knowledge and Research in
Marketing at Canada's McGill University found the rate of
crime was the main concern for tourists considering Caribbean
destinations. And that research was done in 1998 -- a robust
period for the Caribbean travel industry with strong bookings,
high occupancy rates and frequent flights. Some travel agents
played down the problem. "There's no question it's been
an issue," said Richard Kahn, a New York travel agent
attending the conference. "When it happens, the impact
is on that destination and then it trickles down throughout
the Caribbean as well. Thankfully, it's not an issue right
now." Other agents echoed Kahn, saying violent crime
is not now a high-level concern for Caribbean destinations.
They also brushed off a string of murders in Jamaica before
the election earlier this month, saying they did not affect
tourist areas. Tourism officials are more focused on pick-pocketing
and general harassment, said Bahamas Tourism Minister Obie
Wilchcombe. St. Vincent and the Grenadines has set up a special
police unit to patrol the hotel areas. "We do not pretend
that we don't have a problem with harassment and crime,"
said Vera Ann Berreton, director of tourism at the country's
tourism and culture ministry.
From CNN, 29 October 2002
Latin America Starts
Internet Registry
Latin America and Caribbean Take Over
Responsibility For Managing Their Internet Addresses - Latin
America and the Caribbean took over responsibility for managing
their own Internet addresses Wednesday, with the formal establishment
of a regional Internet registry. The move hands over duties
for administration and registration of Internet addresses
from a U.S.-based nonprofit organization, American Registry
for Internet Numbers, or ARIN. The new group, Latin American
and Caribbean Internet Protocol Address Regional Registry,
known as LACNIC, will be based in Uruguay's capital, Montevideo.
The Internet's key oversight body, the Internet Corporation
for Assigned Names and Numbers, or ICANN, signed off on LACNIC's
formal establishment at a meeting in Shanghai. That followed
months of work training LACNIC's staff and transferring Internet
address data base records LACNIC is just the fourth regional
internet registry, after groups managing addresses for Asia,
North America and Europe.
From ABC News-Business-Wire, 30 October
2002
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Probe Shows Uganda Tax Authority
Deeply Corrupt
Kampala - Officials at Uganda's tax
collection agency have been diverting state money into their
bank accounts and helping businesses evade millions of dollars
worth of taxes, investigators say. An inquiry into the Uganda
Revenue Authority (URA) launched by the Finance Ministry in
March following a public outcry has found corruption and inefficiency
at every level, the head of the investigation said. Analysts
say the probe, originally meant to last for three months,
is a major step in efforts to clean up Uganda's image as one
of the most corrupt states in the world. ''All of you belong
in jail,'' Justice Julia Sebutinde told URA officials attending
a recent public meeting of the Finance Ministry's investigative
body. ''If I had anything to do with it, I would throw all
of you in jail and begin afresh.'' In recent months, the inquiry
has found evidence of junior officers owning multi-million
shilling mansions, office messengers owning clearing firms
and officials abetting tax evasion scams worth billions of
shillings. Justice Sebutinde, who previously oversaw inquiries
into the police and defence ministries, told the probe commission
the URA was riddled with corruption. ''Our suspicions have
been confirmed. There is laxity, incompetence and most probably
fraud. You have been abetting tax evasion,'' Sebutinde said,
addressing URA officials. The Finance Ministry hopes the clean-up
will improve revenue collection, which has held steady at
around 11 percent of gross domestic product for five years,
well below the sub-Saharan average of 16 percent. This has
led to over-dependence on donors for budgetary support. Donors
finance slightly more than 50 percent of Uganda's state budget,
including all development funds. Independent newspaper editor
Charles Onyango-Obbo told Reuters the revelations were just
''the tip of the iceberg.'' ''The truth is that anything up
to 50 percent of companies do not pay tax - and how will you
find those?'' He said many Ugandans feared that officials
suspected of corruption ''were politically backed and could
get away with anything.'' But he added: ''In the last few
years a critical mass of auditors has been created and are
one step ahead of the thieves, so we expect cleaner business
practices in the future.'' In addition, parliament passed
a new leadership code in April which compels civil servants
to declare their personal wealth. Inspector General of Government
Jotham Tumwesigye said the code would have considerable impact
once in effect. ''The Leadership Code comes into effect next
month,'' he told Reuters. ''Officials will then forfeit any
assets they have concealed and will lose their jobs...this
probe will prove very helpful in our work.'' ($1-1,850 Uganda
shillings)
From MSNBC, 31 October 2002
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Takenaka Says He'll Maintain Stance
on Loan Cleanup
Tokyo - Heizo Takenaka, Japan's top
banking regulator, said he won't back down from a bad-loan
plan that could push some companies into bankruptcy, snubbing
opponents in the ruling party who want a more gradual approach.
Takenaka, who wants to accelerate disposal of more than $420
billion of bad loans and maintains that "no company is
too big to fail," said he has Prime Minister Junichiro
Koizumi's backing. The academic-turned-minister's proposals
are seen by some members of the Liberal Democratic Party as
"too sudden," said Finance Minister Masajuro Shiokawa.
The clash between the ruling party and Takenaka, appointed
after his predecessor balked at declaring banks in need of
rescue, may derail efforts to revive an economy hurt by three
recessions in a decade. The conflict may test Koizumi's resolve
to stand by a plan that would cause hardships for the banks
and for companies that support some ruling party politicians.
"There's a great deal of skepticism they won't choose
a hard landing, and I think it's justified," said Thomas
O'Malley, a senior portfolio manager at Barclays Global Investors,
which oversees about $750 billion. Shares of Mizuho Holdings
Inc., the world's biggest bank by assets, fell 6.9 percent
to 163,000 yen and Japan's six other largest lenders also
closed lower on the Tokyo Stock Exchange. Contributions -
Takenaka, an economics professor brought into government by
Koizumi last year, will be taking on a party, which lawmaker
Yuriko Koike said in 1998, counted the construction and banking
industries among its biggest contributors. Major banks "have
been giving contributions to the LDP for years," said
Shigenori Okazaki, chief political analyst at UBS Warburg
(Japan) Ltd. "There's just no way the LDP and its coalition
parties can accept such measures at this time, a few days
before by-elections." Japanese voters will elect some
parliamentary representatives on Oct. 27. Ruling party lawmakers
are concerned Takenaka will force banks to boost provisions,
eroding bank capital enough to require taxpayer-funded bailout
of banks for the third time in four years. Ending the Mirage
- "Takenaka is trying to end the mirage that these sort
of banks are going concerns," said Nick Demopoulos, the
head of London sales trading at WestLB Panmure Ltd. in the
U.K. "LDP leaders prefer to continue to perpetuate this
myth and not rock the boat, not realizing that it is sinking."
The standoff between the regulators
and politicians may prevent Japan from fixing its banks after
a total of 9.3 trillion yen ($75 billion) of public money
in 1998 and 1999 bailouts failed to make bad loans go away.
"The shocking delay in bad loan and economic recovery
plan from Japan reflects very badly on Japanese policy making
bodies, said Chua Soon Hock, chief executive at Asia Genesis
Asset Management Pte. in Singapore. "If there were Nobel
Prizes for weak and bad policy making," Japan's policy
makers would share them. Japan's seven biggest banks booked
a combined loss of 4.07 trillion yen in the year to March
as failed companies, such as Mycal Corp. and Aoki Corp. defaulted
on debt. Banks had made loans to large retailers and construction
companies during the bubble years of the 1980s. Radical -
Hideyuki Aizawa, the head of the Liberal Democratic Party's
anti-deflation panel, yesterday described Takenaka's draft
plan as "radical." Still, Shiokawa, who was briefed
yesterday by Takenaka, said Japan "eventually" will
have to take steps the top bank regulator has proposed. He
also said banks haven't been stringent enough in assessing
the quality of their loans and weigh future tax credits too
heavily when calculating capital. Deferred tax assets - the
right to reduce future tax payments for current losses - accounted
for about half of the top category of capital at Japan's seven
biggest lenders as of March 31, according to a central bank
report. The tax credit on loan write-offs and provisioning
can be carried for five years as part of bank capital. Takenaka's
plan will cut that period to one year or a maximum of 10 percent
of the top tier of capital, the Nihon Keizai newspaper said,
without citing anyone. Capital - Capital-adequacy ratios,
a measure of bank capital relative to the amount of risk-adjusted
assets, at each of Japan's four biggest lenders would fall
to less than the international minimums if such changes are
made now, according to report by ING Securities (Japan) Ltd.
Takenaka said regulators will release a final plan on bad-
loan disposals as part of a larger package of government policies
designed to help the economy by the end of the month. "We
can gain more support by devising a plan that not only focuses
on the loan disposals, but also one is unified with industry
policies," Takenaka told parliament. "I will make
efforts to come up with a plan that includes safety net measures
and reflects the views of Cabinet members."
From Bloomberg-Politics, by Mikako Nakajima
and Taizo Hirose, 23 October 2002
Japan to Cut Bad Bank
Loans; Investors Skeptical
Japan said it will force its biggest
banks to cut bad loans, stopping short of measures that may
have led the government to seize the lenders. Mizuho Holdings
Inc. and other banks, burdened by $420 billion in bad loans,
must tighten scrutiny of borrowers and will be subject to
inspections, Financial Services Minister Heizo Takenaka said.
Prime Minister Junichiro Koizumi also unveiled 1 trillion
yen ($8 billion) of tax cuts and an agency to prop up indebted
companies. Takenaka was forced to water down an original plan
after politicians said it would harm the economy, analysts
said. Japan, the world's second-biggest economy, is trying
to mop up bad loans while also reinflating prices that haven't
risen since 1998. "The government is taking the `no pain,
no gain' slogan literally," said Joji Maki, who helps
manage 430 billion yen at Baring Asset Management (Japan)
Ltd. "They won't gain anything because they are just
not doing enough to restore any kind of health in the banking
system." The bad-loan plan was set to be released last
week. It was delayed after objections from senior officials
of the Liberal Democratic Party and other members of the ruling
coalition. Japan has previously set a target of halving bad
loans by 2005. Japan's seven biggest banks said they'll do
their "utmost" to enact the FSA's proposals, though
they asked to be given sufficient time to make the changes.
The agency also needs to take more time to consider the impact
of the plan on banks, depositors, shareholders and the broader
economy, the lenders said in a faxed statement. Tax Credits
- Under Takenaka's proposal, Japan will review the usage of
tax credits as part of bank's capital. Unlike an earlier draft,
which gave banks until March 2004 to reduce such credits,
a deadline wasn't included. Such a move could have left banks
short of capital and forced a third bailout in five years.
"It backs off from taking the ultimate step of cutting
banks' capital down to size, which would require a capital
injection by the government, cleaning them out and refloating
them," said Marshal Gittler, senior currency strategist
at Deutsche Bank AG in Tokyo. Regulators will next month release
an "action plan" detailing the steps they will take
to get Japan's banks to meet requirements set out in Takenaka's
plan.
It will ask banks to reassess their
loans by March 31 using a "discount cashflow model"
that evaluates borrowers based on their ability to generate
cash from operations, Takenaka told reporters. Bank of Japan
- The plan to cut taxes and tackle dud credits came as the
Bank of Japan said it would boost monthly bond purchases by
a fifth, a cash transfer designed to keep the world's second-biggest
economy from falling into its fourth recession in a decade.
Some investors were skeptical it can revive growth after the
Nikkei 225 Stock Average fell to 19-year lows five times this
month. As part of the package unveiled today, Koizumi said
he would create an agency to prop up indebted companies. Clearly
the reason they are setting this new agency is all about not
allowing companies to go bankrupt," said Fiachra MacCana,
a director at WestLB Securities Pacific Ltd. "This was
one of their last chances to do anything, and I think they
haven't done much." Last Chance - Banks got into financial
difficulty when Japan's real-estate bubble burst in the early
1990s, causing commercial property values - used as collateral
by many companies - to fall by about 70 percent. Stalled economic
growth and falling prices have also generated more bad loans
than banks can write off. Japan's seven biggest banks had
combined losses of 4.07 trillion yen in the year to March
as companies such as Mycal Corp. and Aoki Corp. defaulted
on debt. Banks made loans to large retailers and construction
companies during the asset inflation in land and stock prices
of the late 1980s and early 1990s. Meantime, unemployment
is at 5.4 percent, just below a record high. In the first
nine months of the year, 14,501 companies went bust - an average
of 53 a day. The bankruptcy in August of golf course operator
Chisan Co. was the second-biggest this year with 320.7 billion
yen in debt. Bad debts have contributed to a six-year slide
in lending, starving companies of the credit they need to
invest and hire more workers. Today's plan will probably fail
to clean up bad loans, a step that is needed to free banks
to lend again, some investors said. "It's unexciting,
unconvincing, just like most Japanese packages are,"
said Russell Harrop, a fund manager at EN Asset Management
in London, a hedge fund that manages $75 million in Japanese
stocks. "The $8 billion tax cut is less than 0.2 percent
of GDP." Hayami - The Bank of Japan said today it would
buy 1.2 trillion yen in bonds outright each month. It tripled
the size of such purchases in four steps since last August,
after cutting interest rates to zero in March 2001. Bank of
Japan Governor Masaru Hayami has already encouraged the government
to act on bad loans by saying the central bank would buy stock
from lenders. "The BOJ's decision today can be considered
a sign that the central bank and the government will work
closely together to tackle the problems," said Koji Fukaya,
chief analyst at Bank of Tokyo-Mitsubishi.
From Bloomberg-Politics, by Taizo Hirose,
Mikako Nakajima, Kazu Hirano and Mariko Iwasaki, 30 October
2002
Australia's Costello
Wants to Pay Off Government Debt
Melbourne - Treasurer Peter Costello
said he wants to pay off Australia's debt within four years,
raising the prospect the nation will be the first in the industrialized
world to shut a government bond market. The government wants
to sell its remaining 50.1 percent stake in Telstra Corp.,
worth about A$30 billion ($16.7 billion), and use the proceeds
to pay debt. Costello, who today released a discussion paper
and called for public submission on the future of the bond
market, said his preference is to use budget surpluses to
retire the national debt. The proposal is opposed by investors
and traders, whose ranks have been thinned as the government
debt market shrank to about A$62 billion from A$106 billion
in 1997. Closing the market would disrupt corporate debt sales
and make it harder for the government to borrow money in the
future to finance a budget deficit during a recession or war,
opponents say. "I don't agree that it's financially optimal
for the government to have zero debt on its books -- that
is a political argument rather than a sound economic one,"
said Warren Bird, who manages A$34 billion in cash and fixed
interest at Colonial First State Investment Ltd. "There
is nothing wrong with debt funding capital spending or other
projects that benefit future generations." Costello said
he opposed using the proceeds of the Telstra sale to buy stocks
and other assets because that might give the government influence
over the market and leave it with losses if stocks fell. "If
we have the capacity to eliminate debt, that's what we'll
do," Costello told reporters in Melbourne. "You'll
have to persuade us that there are very strong reasons if
you want us to adopt the policy of keeping securities out
there even though they weren't needed for financing purposes."
Investors argue it will be harder to
price corporate bonds without a comparison to risk-free debt
and will be difficult to revive the government bond market
when needed. "You need a bond market to price other financial
instruments like futures and interest rate swaps," said
Kevin Talbot, who helps manage A$12 billion of bonds at AMP
Henderson Global Investors and is a member of a committee
of investors and bankers advising the government. There's
"no way" capital markets will be as efficient if
the government market is closed, he said. `Dead Duck' - While
the government called for public submissions on the future
of the bond market, some investors said they aren't holding
out hope of changing Costello's mind. "It looks like
a dead duck," said Ross Gustafson, who helps manage A$2.6
billion at Tyndall Investment Management. "The analysis
of the report seems to have been pre-empted by Costello's
blatant statements that he doesn't support maintenance of
a government bond market." Bonds have risen since Prime
Minister John Howard won office in March 1996, pledging to
reduce the nation's debt. The yield on the benchmark 10-year
bond, the 6.5 percent bond maturing in May 2013, fell 8 basis
points to 5.64 percent at the 4:30 p.m. close of trade in
Sydney. When Howard took office, the 10-year bond was yielding
about 8.90 percent. Short-Sighted - Some countries are going
the other way. Singapore, which runs budget surpluses, has
still built up a S$56.5 billion ($32 billion) bond market
to provide a risk-free investment for money managers and a
benchmark to price corporate bonds, according to the central
bank's website. Australia's A$120 billion corporate and state-government
bond market is about twice the size of the government bond
market. "The key issue for the financial system is that
there needs to be a default-risk free yield curve," said
Colonial's Bird. While bank-bills may fill that role, "the
simplest way to ensure this is to have a liquid Commonwealth
bond market."
From Bloomberg-Politics, by Hamish Risk,
30 October 2002
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Germany to Delay Balancing Budget,
Using EU Leeway
German Chancellor Gerhard Schroeder's
government, reversing a campaign pledge to balance the budget
by 2004, announced plans to spread deficit cuts over a further
two years to avoid strangling a faltering economy. The European
Commission last week postponed a deadline for balanced budgets
by two years to 2006 for the dozen countries that share the
euro. Germany's Social Democratic Party and Green Party leaders,
in talks to form a government after winning last week's election,
said they won't raise taxes to fill budget gaps. "There
will be no tax increases in Germany," the SPD's parliamentary
leader, Franz Muentefering, told reporters after the first
round of coalition negotiations. "We won't seek to enforce
a delay of the European Union balanced-budget deadline but
should conditions warrant, we will surely make use of it."
Europe's largest economy barely grew in the first two quarters,
hindering the government's efforts to meet European budget
requirements. Unemployment rose to a three-year high in August.
Finance Minister Hans Eichel yesterday cut his forecast for
economic growth in 2003 by a percentage point to 1.5 percent.
Countries that adopted Europe's single currency are committed
to keeping their budget deficits below 3 percent of gross
domestic product, a rule devised to protect the euro. Spending
Cuts - Germany is struggling to keep within that limit this
year as the faltering economic recovery erodes tax revenue
and pushes up the cost of welfare benefits for the unemployed,
who numbered 4.1 million last month. The government last week
raised its estimate for this year's deficit to 2.9 percent
of GDP from 2.5 percent. SPD and Green Party leaders meeting
last night agreed to cut spending, remove tax breaks and lower
subsidies to cover a budget gap of 25 billion euros ($24.7
billion) in 2002 and 2003. European Central Bank chief economist
Otmar Issing said in New York that the government should abandon
its pledge to balance the budget by 2004, describing it as
"neither feasible not advisable." The government
predicts economic growth will remain at 1.5 percent in 2004,
compared with its previous forecast of 2.5 percent, and sees
the annual rate of expansion at 2 percent in 2005 and 2006.
Coalition negotiations, attended by Schroeder and Eichel,
will resume Tuesday at 11 a.m. Berlin time and are scheduled
to conclude Oct. 15. Schroeder and his cabinet may take their
oaths of office on Oct. 22.
From Bloomberg-Politics, by Andreas Cremer,
1 October 2002
European Banks Adrift
- Credit Suisse Stems Two Days of Heavy Selling
London - Europe's leading banks were
sharply lower in volatile trading on Friday with concerns
over bad loans growing as economic evidence continues to show
the recovery is wobbling in Europe. Further worries over the
impact of the falling stock markets on profits are also taking
hold, bank stocks analysts said. The German stock market dropped
36 percent in the third quarter - under-performing the rest
of Europe and the 17.6 percent drop in the S&P 500 stocks.
The poor performance on Friday capped a rough week in the
sector - the downturn in U.S. banks ($BKX: news, chart, profile)
on warnings this week were also adding to the pressure. Japanese
banks were also weaker. See more "The worries about credit
risk and bad debts continue. We've had a very negative move
across the board," said Andrei Ilyin, industry analyst
at Normura Securities in London. Credit Suisse Group (CSR:
news, chart, profile) bore the weight of the selling for much
of Friday. The bank denied it's planning a capital increase,
issuing a statement late in the day in an effort to stem a
near 25 percent decline in its shares over the past two days
amid talk of a potential need to raise more funds from investors.
The bank, Switzerland's second largest, said it was "not
aware of any objective reasons" for the drop in its shares
on Thursday and Friday in unusually heavy volumes." The
group's present capital resources remain adequate, and as
stated before, no capital increase of the group is planned."
Shares were down 11 percent after the statement, off earlier
lows that took the stock down as much as 15 percent down.
The New York-listed shares were down 80 cents, or 5 percent,
at $15.36. The statement didn't entirely clear the air for
investors on the bank, Ilyin said. "They haven't said
anything new.
The question is what happens to their
capital resources if the market were to take a more negative
turn. The stock market is trying to determine what happens
with that," he said. Deflation worries in Germany more
broadly, European wholesale bank stocks have been under pressure
as hopes for a recovery taking hold in the second half of
the year crumble, particularly in Germany where some economists
have begun to raise the specter of deflation ."There
are concerns about the impact that falling equity markets
will have on balance sheets as well as the impact that a softer
economy will have on bad debt provisions," said Robbie
Kelleher, strategist at Davy Stockbrokers in Dublin. Switzerland
- unusually - has not been immune from the Continental downturn
this year. National airline SwissAir sought protection from
creditors late last year as the global travel downturn after
Sept. 11 pushed the debt-strapped airline to the edge. Martin
Ebner's fall from grace has also shaken up the country's staid
corporate culture. Shares of Swiss rival UBS (UBS: news, chart,
profile) were down as much as 7 percent on Friday. In France,
BNP Paribas (BNPQY: news, chart, profile) was down as much
as 10 percent. In Germany, shares of Deutsche Bank (DB: news,
chart, profile) (DE:804010: news, chart, profile) were down
as much as 9 percent. Commerzbank (CRZBY: news, chart, profile)
was down as much as 10 percent. In the U.K., shares of Barclays
(UK:BARC: news, chart, profile) were down 5.5 percent; shares
of HSBC (HBC: news, chart, profile) were down 0.6 percent.
The European bank sector is down over
42 percent since its peak in January 2001, as measured by
the FTSE Eurotop Banks 300 index, a drop of more than $575
billion in value. CS: Voting with their feet - CS Group warned
on Wednesday of an operating loss for the third quarter and
said it pumped 2 billion Swiss francs ($1.35 billion) into
its Winterthur insurance unit, on the heels of a 1.7 billion
SFr injection earlier this year. It also warned of an operating
loss in investment banking unit, Credit Suisse First Boston,
surprising many in the market after a round of cost-cutting
in the business. See more "Investors are voting with
their feet to get out of this stock," said one London
dealer in CS Group shares ahead of the statement. Credit rating
agency Standard & Poor's warned this week it may downgrade
the bank's debt following the Winterthur capital injection.
French broker BNP Paribas said the stock was likely depressed
on Thursday by rumors that Swiss investor Martin Ebner's BZ
Group may sell the reminder of shares it owns in CS Group.
As of the end of June, BZ held less than 5 percent of CS Group,
BNP noted. However, BZ Group on Thursday said in a statement
that it wouldn't be pressured by creditor banks into selling
the CS shares, BNP said. Analysts at Goldman Sachs on Thursday
downgraded Deutsche Bank, citing concerns for bad debt provisioning
into 2003 for Europe's wholesale banks. See more Dealers said
rumors of a profit warning at Deutsche Bank was also appearing
to pressure the shares on Friday. The downturn in M&A
activity and other securities businesses has impacted the
investment banks; Goldman Sachs (GS: news, chart, profile)
proved an exception as its August quarter topped the expectations.
Analysts attributed Goldman's pass on the weak quarter to
an outsized trading gain. Emily Church is London bureau chief
of CBS.MarketWatch.com.
From CBS Marketwatch, by Emily Church, 4
October 2002
Tax Cheats Steer Portugal
Towards EU Sanctions
Lisbon - Behind a wall of impunity
as strong as its hilltop castles, Portugal has billions of
euros in uncollected taxes, more than enough to stave off
European Union budget deficit sanctions that moved closer
to reality last week.Prime Minister Jose Manuel Durao Barroso
has vowed to wage ''war without truce'' against rampant tax
fraud. But critics say they still see no serious effort against
the fraudsters, be they society's rich elite or the local
corner shop owner. Portugal has five billion euros ($4.91
billion) in tax payments being contested in its swamped court
system alone, the Finance Ministry says. That is more than
the 3.3 billion euros needed to close next year's budget deficit.
''There is no guts here in the sense of straightening out
the books so things will change,'' said Luis Saldanha Sanches,
a professor of tax law at the University of Lisbon. These
days, Portugal needs all the taxes it can collect. The European
Commission, the executive arm of the European Union, is weighing
a report it got last week from EU finance officials on the
2001 budget deficit, which breached an EU limit. The report
will help determine whether Portugal will be the first member
of the 15-nation EU to be punished for busting its deficit
limits. Portugal, one of the European Union's poorest members,
faces the prospect of hefty fines. Jose Albano Santos, an
economist at the Technical University of Lisbon, estimated
that unpaid taxes could total nine percent of economic output
in the nation of 10 million people. That would have been about
11 billion euros last year, or well above the shortfall of
4.1 percent of gross domestic product that has prompted the
EU punishment proceedings. The six-month-old centre-right
government also faces growing protests and strikes - including
one by kindergarten teachers on Tuesday - as it raises taxes
and squeezes government workers' pay and benefits.
The proposed 2003 budget released last
week calls for a 5.1 percent hike in tax revenue next year,
partly by adjusting income tax brackets. ''Fraud and tax evasion
are reaching levels that are socially and economically unsustainable,''
Joao Proenca, secretary-general of the UGT labour federation,
said on Tuesday. He told a news conference the spending blueprint
focussed too heavily on tax increases and not enough on fighting
fraud. Leaky System - The government has its work cut out
to patch a leaky tax system, where inspectors last year had
to pay for petrol and bus tickets out of their own pockets.
A 2001 study by the Organisation for Economic Cooperation
and Development (OECD) said Portugal suffered from a ''longstanding
history of poor compliance'' with tax laws. Estimates cited
by the OECD said 24 to 30 percent of the economy was off the
books and thus invisible to the taxman. While just five of
the biggest firms paid 28 percent of corporate income taxes
in 1998, a third of the quarter-million companies paid no
taxes because they reported losses. Executives are unrepentant
about their skimpy tax returns. Two wealthy soccer club investors,
for example, have told magazine interviewers that they paid
little or no income taxes in years past. Most grocers, news
stands, cafes and garages rarely offer receipts, which would
let a sale be traced by the government. When a Reuters reporter
recently asked the operator of a Lisbon auto parts store for
a sales receipt, the answer was: ''You'll have to pay more,
if you pay the tax.'' The result, besides billions in lost
revenues, is a distorted system. Some taxpayers, such as workers
whose taxes are deducted from their wages, have no choice
but to pay. Others, such as small business owners and professionals,
may choose to cheat. They are helped by some of the strictest
banking secrecy laws in Europe. Vasco Valdez, the government's
tax chief, said Portugal had the legal tools to fight fraud
and was advancing with a cross-referencing data system to
help track spending and property ownership. The next budget
has a provision that hikes a yearly fee on all companies as
a kind of basic tax payment.
From MSNBC, 8 October 2002
European Plan to Stop
Tax Evaders Hits Snag
Brussels, Belgium - A European Union
initiative to crack down on tax dodgers was in jeopardy Tuesday
following Britain's insistence that Switzerland crack open
its cherished bank secrecy. Britain's Chancellor of the Exchequer,
Gordon Brown, said the Swiss refusal to report on people who
may be guilty of tax evasion "potentially allows loopholes
to develop in other issues," such as money laundering
and terrorist financing. "I believe there is a worldwide
movement for exchange of information," Brown said on
the sidelines of a meeting of EU finance ministers. "I
do not believe Switzerland should continue to isolate itself."
Swiss President and Finance Minister Kaspar Villiger rejected
the "cliche" that banking secrecy protects criminals
or terrorists. At issue is a long-debated EU plan to collect
taxes on the income its citizens earn on savings and investments
outside their home country. Under Swiss law, tax evasion as
such is not considered a crime, and so foreigners who don't
tell their tax authorities about income earned from Swiss
accounts are still protected. Other EU countries that agreed
only reluctantly to the initial plan said they would back
out if no deal is reached. "If we don't make progress
with the Swiss, then Austria will not accept the EU legislation,"
said Austrian Finance Minister Karl-Heinz Grasser. Luxembourg,
Austria and Belgium insisted when the plan was adopted in
2000 that if they were going to loosen their bank secrecy
laws, non-EU countries like Switzerland and the United States
would have to agree on "equivalent measures" before
it could take effect. A deadline was set for the end of this
year, when the 15 EU countries will have to unanimously decide
whether their conditions have been met. The plan requires
each of the 15 EU countries, after a seven-year transition
period, to have in place a system that would allow authorities
in a depositor's home country to keep track of interest earned
abroad - and levy taxes. Switzerland has offered instead to
withhold taxes on interest and dividend payments to EU residents
and turn the money over to the appropriate country, but without
identifying the depositors. Villiger said even that would
hurt the Swiss financial center - the Swiss Bankers Association
said abolishing banking secrecy would put 20,000 jobs at risk
- and have to be approved by a referendum. Brown rejected
that offer, saying the tax could be lower than what the depositor
would be subject to at home. He has pushed Bolkestein to draw
up a list of possible sanctions the EU could impose on Switzerland
if a deal for automatic exchange of information is not reached.
Bolkestein insisted Switzerland was never expected to adopt
the same measures as the EU. "Equivalent is not equal
to equal," he said. Negotiations with Washington have
been less contentious but plagued by mixed signals, according
to EU officials. Brown said the United States had accepted
the idea in principle, but Grasser said he was told the Bush
administration preferred to work out a deal with each EU country,
which would make meeting the December deadline impossible.
From Nando Times-Business, by Paul Geitner,
8 October 2002
EU's Monti Faces Pressure
to Reform After Merger Veto Overruled
Brussels - European Competition Commissioner
Mario Monti is facing growing pressure to overhaul the way
regulators evaluate mergers after Europe's top appeals court
overturned a second of his rulings in four months. The European
Court of First Instance cited errors and an infringement of
company rights in reversing Monti's veto of Schneider Electric
SA's 7 billion-euro ($6.8 billion) purchase of Legrand SA.
Monti faces another test Friday, when the court rules on his
rejection of Tetra Laval SA's takeover of Sidel SA. "If
the Tetra Laval decision is overturned as well, parties will
be asking how much reliability can we have in the European
Commission," said Martin Coleman, an antitrust lawyer
at Norton Rose in London. The commission has blocked takeovers
worth $200 billion during the past three years. European leaders
including French President Jacques Chirac and German Chancellor
Gerhard Schroeder, along with companies such as General Electric
Co., have complained that antitrust regulation in Europe lacks
independent oversight, is inflexible, and relies too much
on evidence from competitors. Stung by criticism after it
blocked General Electric's $47 billion bid for Honeywell International
Inc. last year, the commission launched a review of its 12-year-old
rules on takeovers and joint ventures. It will announce the
results of the review following the final ruling on Tetra
Laval. Monti suffered his first reversal in June when the
court threw out his 1999 rejection of MyTravel Group Plc's
850 million- pound ($1.3 billion) bid for First Choice Holidays
Plc. "Prior to the MyTravel judgement, less care was
taken than should have been done, but the commission's antitrust
department seems now to have recognized that the hurdle they
have to jump to block a deal is higher," said Trevor
Soames, an antitrust lawyer at Howrey Simon Arnold & White
in Brussels. Conflict of Interest? In its review, the commission's
competition department is re- examining how it gathers evidence,
the role of economic analysis and the rights of merging companies.
"The question this latest veto raises is, do those proposals
go far enough or do we need to go a step further?" said
Coleman.
Critics say Monti's review fails to
address what they see as a fundamental flaw in the European
process: the commission's power to decide on its own whether
to halt a merger. In the U.S., agencies such as the Justice
Department and Federal Trade Commission have to prove their
cases in court before deals are blocked. In all, the commission
has prohibited 22 of the 2,047 deals assessed since European
Union merger-control rules came into effect in 1990. Another
80 companies have scrapped mergers during the antitrust review,
often to head off a veto. 'Errors and Omissions' - Monti lost
the last two cases that were ruled on by the Court of First
Instance. His rejection of Tetra Laval's 1.7 billion-euro
takeover of Sidel will be the third veto to face court scrutiny
since Monti became competition commissioner in September 1999.
Monti defended the commission's procedures, saying through
a spokeswoman that there is no "widespread call for changing
the system." He'll consider the ruling in drafting plans
to update the commission's methods, spokeswoman Amelia Torres
said. As overseer of the EU's 15-nation common market, the
commission can block or force changes to mergers of companies
with combined global sales of 5 billion euros, even if the
companies aren't based in Europe. In Europe, once the commission
has ruled, companies can appeal to the Court of First Instance.
The court last year introduced a fast-track system for selected
cases which cuts appeals to about 10 months from years. Critics
say this is still too long for mergers to be put back together.
"The court is mapping out the ground for the future as
to how a deal could be resurrected," said Martin Baker,
an antitrust lawyer at Taylor Wessing in London. The commission's
economic analysis in the Schneider case was "vitiated
by errors and omissions" in a "serious infringement"
of the company's rights, the court's president, Bo Vesterdorf,
said. "This judgment therefore annuls the prohibition
decision." The commission said it has yet to decide whether
to appeal - only on points of law, not the facts of the case
- to the European Court of Justice. It has two months to decide.
The commission was ordered to pay Schneider's costs.
From Bloomberg-Politics, by Robert McLeod,
22 October 2002
EU Leaders Face Pressure
to Set Funding for Eastern Expansion
Brussels - European Union leaders face
pressure to resolve disputes over money at a summit starting
today, or risk jeopardizing plans to take in Poland and nine
other countries in 2004 and create the world's largest trading
bloc. Squabbles over how to fund regional and farm aid may
rouse opposition in countries hoping to join, EU Enlargement
Commissioner Guenter Verheugen said. France opposes cuts in
farm subsidies while Germany is tired of footing the bill.
"The enlargement process shouldn't be held hostage,"
Verheugen told the European Parliament before a two-day summit
in Brussels. "Access to the union is not a diktat. It
must be a mutual agreement based on mutual confidence."
The entry of 10 mainly Eastern European, former communist,
countries will put further strain on Western European governments
now struggling with the slowest economic growth in a decade.
Most contentious are farm-support programs that consume almost
half the EU's 98 billion-euro ($97 billion) budget. The summit
starts at 7:30 p.m. today and is due to end Friday at 6 p.m.
The meeting may drag on through Saturday, said Danish Minister
of Refugees, Immigrants and Integration Bertel Haarder, whose
government will host the meeting. Current EU members are concerned
that any arrangement for enlargement could set a precedent
for how much they pay and receive once the EU's budget comes
up for review in 2006. The EU needs a subsidies formula to
sell to Eastern European leaders in time to wind up the talks
at a Dec. 12 summit in Copenhagen. Expansion will stretch
the EU's eastern border to Russia and create a market of 450
million consumers, bigger than the North American Free Trade
Agreement that groups the U.S., Mexico and Canada. Popular
Support - "As marriage has to be built on love, enlargement
has to be built on popular support," Denmark's Haarder
told the parliament in Strasbourg, France. "We don't
want minor issues to stop this process in its tracks."
Haarder said the cost of enlargement
will be only 0.1 percent of the EU's economic production,
or one tenth of the amount Germany paid to incorporate East
Germany after the fall of the Berlin Wall. The 10 planning
to join in 2004 are Poland, Hungary, the Czech Republic, Slovakia,
Slovenia, Lithuania, Latvia, Estonia and the Mediterranean
islands of Cyprus and Malta. Bulgaria and Romania may be ready
by 2007, the European Commission says. The commission said
yesterday that 57 percent of people in the 10 frontrunners
would support joining the EU in a referendum. Support was
highest in Hungary, at 74 percent. Only 53 percent of Poles
and 51 percent of Czechs said they would vote yes. Least enthusiastic
were Latvia and Malta, with support for EU membership at 42
percent. Production - Eastern European economic production
per person is 39 percent of the EU average. Only one region,
the Prague metropolitan area, beats the EU, with per-capita
output at 122 percent of the average. Negotiations on industrial
subsidies hit a roadblock last week when the Netherlands demanded
that the Czech Republic move faster to curtail support for
steelmakers, Austria complained about Czech bank aid, and
Spain objected to Slovakia's aid to a Volkswagen AG plant.
With their prime ministers in a caretaker role after the collapse
of their governments, the Netherlands and Austria are in a
political vacuum that may hold up the talks. To tackle the
biggest costs, the Brussels-based commission, the EU's executive
agency, proposes starting out new members with a quarter of
their farm-aid entitlement and denying them full payments
until 2013. Poland, with 40 million people the largest EU
hopeful, is leading the opposition to that proposal. The country
owes a fifth of its jobs to agriculture and has more dairy
cows than the current 15 EU members combined. Ease Concern
- The gradual introduction is designed to ease concern in
Germany, the Netherlands, Sweden and Austria that the costs
could balloon out of control. France, the biggest recipient
of farm aid, is worried that it will suffer most from any
cutbacks. French President Jacques Chirac sparked a last-minute
argument Tuesday, saying that the annual British refund from
the EU is no longer justified. The U.K. said existing EU agreements
mean the rebate can't be changed. "We can't let it all
fall apart because of 3 euros a head" in cost to EU citizens,
commission President Romano Prodi said.
From Bloomberg-Politics, by Adrian Cox,
24 October 2002
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SEC, Spitzer Reach Agreement on
Reform
New York - The Securities and Exchange
Commission, the New York State Attorney General and other
market regulators on Thursday said they had reached an agreement
for the speedy and coordinated conclusion of probes into Wall
Street firms on analyst and IPO practices. The SEC reached
the agreement with New York State's attorney general, Eliot
Spitzer, as well as NASD, the New York Stock Exchange and
other state securities regulators represented by the North
American Securities Administrators Association. In a statement,
the regulators said that they will endeavor within the next
few weeks to formulate a common plan to address conflict-of-interest
and other issues pertaining to Wall Street research analysts
and allocations of initial public offerings. The plan would
be used as a "template" to structure settlements
with the companies currently under investigation and would
provide a basis for proposing industry-wide rules, the regulators
said. The regulators said that they intend to present their
proposed resolution to the companies under investigation,
and that they would give the companies a brief opportunity
to work out and enter into final settlements. "The SEC,
in conjunction with the New York Attorney General, the SROs,
and NASAA, looks forward to moving quickly to a comprehensive
resolution of these important matters," SEC chairman
Harvey Pitt said in the statement.
From ABC News-Business-Wire, 3 October 2002
State Pension Fund
May Invest Directly in Private-Equity Partnership
New York - Kohlberg Kravis Roberts,
the biggest U.S. buyout company, may sell a stake in itself
to the Washington State Investment Board, a person familiar
with the matter said. The Washington Pension Fund, which manages
about $50 billion for state employees, is in "specific
discussions about a potential proprietary investment"
with the company controlled by Henry Kravis and George Roberts,
said Gary Bruebaker, the fund's chief investment officer.
He declined to say whether the fund, which has made investments
with Kohlberg Kravis for 20 years, would buy a stake in the
partnership. The Wall Street Journal reported that the Oregon
Investment Council was also negotiating an investment. The
newspaper said the talks with the two state funds involved
an investment of about $1 billion for a minority stake. Private-equity
companies are seeking to sell stakes to pension funds partly
to ensure a steady stream of capital. Pension funds are making
such investments to increase control over how their money
is spent and to secure a bigger share of profits as returns
from stocks and bonds of publicly owned companies have fallen.
"I believe by the end of the year I will be given direction"
by the board about whether to proceed with the investment,
said Bruebaker. "We have more due diligence to do."
Molly Morse, a spokeswoman for Kohlberg Kravis, declined to
comment. The proposed investment was the subject of a closed-door
meeting at the Washington investment board's offices in Olympia
yesterday attended by Kolhberg Kravis partners George Roberts,
Michael Michelson and Scott Nuttall. Roberts is a co-founder
of the company with Kravis and Jerome Kohlberg, who left in
the 1990s. It would be the first time the Washington board
has invested directly in a private-equity general partnership.
Washington has 14.9 percent, or about $7.5 billion, invested
in private equity. It has goal of investing up to 17 percent
of its assets in private equity. Washington state made buyout
history two years ago by committing $1.5 billion to Kohlberg
Kravis's latest fund, a $5.1 billion pool called the 2001
Millennium Fund. It was the biggest single stake ever from
an investor in a buyout fund. Kohlberg Kravis, started in
1976 by three former Bear Stearns investment bankers, completed
the biggest leveraged buyout in 1989 with the $31.4 billion
purchase of RJR Nabisco. As of the end of 2001, that transaction
has earned an annual return of just 0.2 percent for investors.
From Seattle (WA) Times-Business, by Hui-yong
Yu, 4 October 2002
Banks get better at
assessing risks - Greenspan says financial sector weathered
recession well
Phoenix - American bankers are getting
better at assessing and diversifying the risks their creditors
pose, Federal Reserve Chairman Alan Greenspan said Monday.
In remarks to the American Bankers Association, Greenspan
made no comments about the course of the economy or about
monetary policy. Two weeks ago, the Federal Open Market Committee
held interest rates steady while warning of renewed threats
to the recovery. While many companies got overextended with
debt and some found themselves in bankruptcy, the damage didn't
extend to the banking system, largely because banks are able
to securitize the risks and spread them around the economy,
according to the nation's top financial regulator. "Banks
appear to have effectively used such instruments to shift
a significant part of the risk from their corporate loan portfolios
to insurance firms here and abroad, to foreign banks, to pension
funds, to hedge and venture funds, and to other organizations
with diffuse long-term liabilities or no liabilities at all,"
he said in prepared remarks made available in Washington.
"Banks in this country remain quite healthy," despite
high rates of bankruptcy, loan charge-offs, bond defaults
and equity losses, he said. Greenspan said bankers obeyed
the warnings from the 1997 and 1998 financial crises in Asia
and Russia and began to raise their credit standards and manage
portfolios to limit their exposure.
From CBS Marketwatch, by Rex Nutting, 7
October 2002
SEC Chairman Pitt Faces
Political Fights Over New Board, Budget
Securities and Exchange Commission
Chairman Harvey Pitt faces a deepening political rift in his
agency over who should lead a new accounting oversight board
as an Oct. 28 deadline to appoint the panel approaches, people
familiar with the matter said. Democratic SEC Commissioners
Harvey Goldschmid and Roel Campos back TIAA-CREF Chairman
John Biggs to head the panel, the people said. Pitt and two
other Republicans on the commission are looking at other candidates,
including William Webster, former chief of the Federal Bureau
of Investigation and the Central Intelligence Agency, the
people said. The sparring comes as Pitt tries to clean up
after accounting scandals at Enron Corp. and WorldCom Inc.
with a smaller budget increase than the one authorized by
Congress. With elections two weeks away, Democrats may point
to the deadlock on the accounting board and President George
W. Bush's refusal to support the congressional budget increase
for the SEC as examples of Republican foot-dragging on reforms,
people say. Republicans "had claimed the mantle of corporate
reformers" by supporting new regulation of the accounting
industry, said Barbara Roper, director of investor protection
at the Consumer Federation of America. "Now with their
bungling of the accounting oversight board and the SEC funding,
they've tossed it aside." Pitt didn't respond to an email
request for comment. SEC spokesman Brian Gross declined to
comment on the politics surrounding the agency. Lower Budget
- Congress last week left Washington until after the elections
without voting on a 2003 budget.
The Bush administration said last week
it would seek $568 million for the SEC instead of the $776
million authorized in the corporate reform bill passed in
July. Michael Clampitt, president of the SEC employees union,
said the administration's budget decision will "resonate"
with investors. "A lot of people are relying on the SEC
to straighten out this mess and $750 million straightens out
this mess a whole lot quicker than $550 million will,"
said Clampitt, an attorney in the SEC's corporation finance
division. The budget stalemate in Congress has left the SEC
operating on last fiscal year's budget levels, said Gross,
the commission spokesman. The agency is conducting a record
number of investigations. Failure to approve a new spending
plan "raises serious questions about the funding of the
new accounting oversight board," he said. Congress created
the accounting board to tighten oversight of corporate financial
practices. Pitt said his original goal was for the SEC to
pick the panel unanimously by the end of September, a month
ahead of the legislative timetable. That target date was missed
when the SEC's first choice, former Federal Reserve Chairman
Paul Volcker, turned down the job. Another candidate, Biggs
-- head of the largest teachers' pension fund -- received
a tentative offer to lead the board and accepted. He began
working to select the other four board members, before Pitt
backed away from his candidacy, people familiar with the matter
said. Pitt has denied Biggs was offered the job. Snipers,
Iraq - Representative Barney Frank, a Massachusetts Democrat
on the House Financial Services Committee, said he suspects
Republicans may delay the appointments in hopes of winning
majorities in the House and Senate, and then have the SEC
put in a less reform- minded chairman. "I'm afraid they
will punt and wait a week," Frank said. "If Biggs
doesn't get it, whoever does is going to be the third choice
at best." Some Republicans said they doubt the membership
of a board for policing accountants carries much interest
for voters.
"At a time when we are worried
about snipers and Iraq and homeland security and bombings
in Bali and the condition of the economy generally, to be
concerned whether this board is going to be properly organized
is not something that is going to get much traction,"
said Peter Wallison, a former White House counsel for President
Ronald Reagan. Jim Jordan, political director of the Democratic
Senatorial Campaign Committee, said his party will emphasize
themes related to the SEC budget and accounting disputes,
if not those issues specifically. Democrats will raise "the
broader issues of retirement security, fairness of the markets,
and Republican coziness with big business" during the
final two weeks of the election campaign, he said. Still in
Running - The sparring comes as U.S. stocks have lost $2.36
trillion since Nov. 8, 2001, the day Enron first restated
its earnings, spurring voters to focus on the health of the
economy, corporate accounting scandals and conflicts of interest
in Wall Street firms' stock recommendations. Some money managers
say political disputes on accounting oversight feed investor
cynicism. "A lot of investors are numb; they feel the
whole game is rigged against them," said Jon Brorson,
who helps manage $320 billion at Northern Trust Corp. "Investors
will say `here's one more reason the little guy can't win."'
Speaking to reporters Wednesday, Pitt said Biggs is still
in the running for the chairmanship of the accounting board
and that he expects the SEC to meet the Oct. 28 deadline.
He also couched his earlier prediction of a unanimous vote.
"My hope is that we can do this unanimously," Pitt
said. "But I don't know until we take a vote what we'll
get." Paul Atkins, one of three Republicans on the SEC
along with Pitt and Cynthia Glassman, said the commission
doesn't see the accounting board as a partisan issue. "This
is a political town and things get made partisan, but huge
majorities in Congress passed this bill and the president
signed it," Atkins said.
From Bloomberg-Politics, by Robert Schmidt
and Vicky Stamas, 21 October 2002
O'Neill Preparing Post-Election
Tax Overhaul Proposals for Bush
Washington - Treasury Secretary Paul
O'Neill, once pegged as the Cabinet member most likely to
depart after the Nov. 5 elections, is making plans for a post-election
administration effort to overhaul the nation's tax system.
More than 100 Treasury Department experts are compiling a
list of possible changes to the 9,500-page U.S. tax code,
from simplifying regulations on savings bond sales to scrapping
income taxes in favor of consumption or value-added taxes.
O'Neill, who as chief executive officer of Alcoa Inc. in the
1990s called for an end to the corporate income tax, said
President George W. Bush will decide whether he wants to tinker
with the code or propose the most radical change in the tax
laws since Ronald Reagan's presidency. "I'm going to
send the boss a package soon," O'Neill said in an interview.
"We're giving him a diagnosis: What is it that causes
complexity, what is it that could let people stop paying for
professional advice to do their taxes, and are there ways
to make sure people pay their fair share with more certainty."
The Tax Reform Act of 1986 curbed tax shelters, lowered taxes
companies pay, and brought capital gains under the same rate
as earned and unearned income. It also eliminated a number
of exemptions and lowered the number of individual tax rates.
Bush will have detailed options in front of him on how to
go beyond that, said Pamela Olson, Treasury's assistant secretary
for tax policy. "We are looking at all the options for
tax reform," Olson said in a separate interview. "Some
are small repairs and simplifications, others are larger ideas
for the long term." Lobbying Campaign - The 1986 revisions
were contentious and passed a Democratic House of Representatives
and Republican Senate only after a lengthy Reagan administration
lobbying campaign. O'Neill said he's planning for much the
same kind of effort. The Treasury secretary has visited 18
states over the past two months, building support for a simpler
tax system. "I'm getting plenty of reinforcement,"
he said. O'Neill cites conversations with workers and managers
at companies ranging from a Paccar Inc.
Kenworth truck plant in Seattle to
the Louisville Slugger baseball bat factory in Kentucky. "There's
a whole lot of people who don't like this abomination of a
tax code, and I'm one of them," he told a Chamber of
Commerce gathering in Scottsdale, Arizona. "It's 9,500
pages of absolute gibberish, and as I go around the country,
people are upfront about telling me it's a mess." Elections
Matter -O'Neill said the outcome of the congressional elections
will help shape the kind of tax plan that Bush eventually
proposes and may determine how easy it will be to pass. Democrats
control the Senate by one vote, while Republicans hold the
House. All tax bills must originate in the House Ways and
Means Committee. "It would be easiest to get things done
if we can get 51 percent in both houses of Congress,"
he said. Bush administration critics say the effort will fail
if the president chooses options that tilt the tax code in
favor of big business or wealthy taxpayers. "We don't
really need to go back to a tax-motivated economy, with people
putting up office buildings that nobody wants, people investing
in things that don't make any economic sense, because the
tax code favors it," said Robert McIntyre, the director
of Citizens for Tax Justice, a labor-funded research institute
in Washington. Other Priorities - Many of the changes will
appeal to both Republicans and Democrats, O'Neill predicted.
"I don't happen to believe that the truth is a partisan
issue," he said. "The more that we can talk to the
American people about the true dimensions of these issues,
the more we're going to be able to have support for changes
that will make the tax code better, simpler, fairer and more
understandable." O'Neill's other priorities for the post-election
period include establishment of Bush's Millennium Challenge
Account, a program that ties a $5 billion increase in foreign
aid spending to recipient countries' economic policies; a
plan to simplify the process of working through debt defaults
by emerging markets; and continued work on stopping money
laundering and terrorist financing. He's also advising Bush
on how to revive the struggling economy. Gross domestic product
grew just 1.3 percent in the second quarter, and only a fourth
of 48 economists surveyed by Bloomberg News share O'Neill's
forecast of growth of 3 percent to 3.5 percent from October
to December.
No Fiscal Recommendations - While the
president has suggested he'd consider another package of tax
cuts and spending to boost growth, O'Neill said his travels
have convinced him it's not needed now. "If I thought
there was a need for some (fiscal) policy initiative, I'd
say `Hey, Mr. President, my brain and what I've put into it
tells me we need to do X, Y, or Z,"' he said. That O'Neill
is even planning to run the Treasury Department for the remainder
of Bush's first term is a surprise to some who predicted the
midterm elections would herald his exit. In 21 months at Treasury,
his comments on the dollar have roiled currency markets, sent
Brazilian bonds lower, angered members of Congress and generated
criticism that the Bush administration lacked economic leadership.
"His critics say he's too frank, too direct," Republican
Representative Jim Leach said in introducing O'Neill at a
Rotary Club speech in Cedar Rapids, Iowa. "In a year
and a half or so in office, the secretary has made some enemies."
Honor of the Job - Unapologetic about his style, O'Neill has
admitted there are downsides to his job. He told Arizonans
how his wife, Nancy, had lamented she had seen him for only
four days in six weeks. On being introduced in New Hampshire
as the nation's 73rd Treasury secretary, he said, "Actually,
I'm the 72nd - and once is enough." Still, the Treasury
secretary has curbed his tendency to speak off the cuff, for
the most part sticking to his prepared message and declining
all comment on the dollar. And he's become extremely visible,
making regular appearances on television news programs and
touring the country to promote the administration's economic
record and stump for Republican candidates. "You need
to send people to Washington who agree with our ideas,"
he told a Connecticut audience. For O'Neill so far, the "honor"
of a Cabinet seat has outweighed the costs, and some government
officials have said the only reason he'd leave is a request
from Bush. In the interview, O'Neill suggested he'll do whatever
the president wants. "As long as I'm here, however long
that turns out to be," he said, "I'm going to live
up to that idea that I'm not wasting my time and I'm not doing
anything that I'm not proud to do."
From Bloomberg-Politics, by Simon Kennedy
and Brendan Murray, 25 October 2002
Internet Sales Tax
Push Coming Next Year
Washington - The day may be rapidly
coming when O.C. Tanner and thousands of other businesses
large and small are going to have to decide how to collect
taxes on the online sale of their products. O.C. Tanner, a
privately held Salt Lake City-based that produces jewelry
and other products primiarily for employee award programs,
participated in a pilot program that could herald the future
of sales tax collection for many business. It's one of just
a few businesses to do so. The pilot project was sponsored
by states that want to extend sales tax collection obligations
on all sales, especially Internet-based transactions. As part
of that effort, states are working with vendors to develop
systems to simplify tax collection. Tanner, which made the
medals for the 2002 Olympic medals, used a remote transaction
server operated by Taxware International Inc. to process sales
taxes on a special Web site selling Olympic-related merchandise.
Brad Lemke, lead developer in O.C. Tanner's e-commerce section,
liked the system. But because the pilot was limited to just
four states, Lemke is uncertain whether remote transaction
servers can handle the much greater transaction load generated
by the firm's main retail systems. "I would certainly
have to be convinced that it would perform well," he
said. Uncertainty is the key word. While states are rapidly
moving ahead to streamline sales tax collections and open
the door for mandatory sales tax collections, businesses such
as Tanner and Wal-Mart Stores Inc. have many questions about
how these systems will ultimately perform. Wal-Mart isn't
likely to use a remote transaction server to automate sales.
"The last thing we need to do is overload the telecommunications
industry with trying to tie duplicate number of telephone
lines into every register for tax rate calculations,"
said Robert Jenner, director of sales and use tax compliance
at Wal-Mart. But the retail giant is interested in an alternative
plan by the states that would "certify" a company's
in-house tax systems as complying with state rules. Businesses
whose systems meet certain performance and accuracy levels
would be freed from expensive tax audits. But those standards
haven't been set. Dave Bullington, a Wal-Mart vice president,
said the simplification effort is "extremely important"
among retailers that now face a daunting mix of rules and
sudden tax rate changes that leave them little time to adjust
their systems. The states actively involved in streamlining
sales taxes will meet Nov. 12 in Chicago to ratify an agreement
for state-by-state approval of sales tax simplification plans.
Some 20 to 30 states are expected to pursue legislation, and
as soon as proponents get 10 states representing 20% of the
U.S. population to simplify tax rules, they may seek congressional
approval as early as next year for mandatory sales tax collections
nationwide, said Diane Hardt, a Wisconsin tax official and
co-chairman of the Streamlined Sales Tax Project. From The
states also plan to seek a new technology pilot to help address
some of the issues raised by retailers. Although there were
three vendors in the first pilot, only Taxware, in Salem,
Mass., and its subcontractor, Hewlett-Packard Co., got a pilot
up and running. Hardt expects vendors to have more success
in attracting businesses to participate in future pilots if
more than four states participate. In the meantime, the group
hopes to develop a "full-fledged" system for remote
collections and certification standards for in-house systems.
From ComputerWorld, by Patrick Thibodeau,
25 October 2002
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Government Size and Taxpayer Cheating
"Tax cheating becomes more acceptable
to citizens as government grows." Economists have long
recognized the critical role that citizens' trust in each
other and their institutions plays in influencing economic
performance. In high-trust societies, individuals need to
spend fewer resources to protect themselves from being exploited
in economic transactions. But the importance of trust also
extends to the relationship between citizens and their government,
in the sense that voluntary compliance with tax laws facilitates
a large government buy may be eroded as the tax burden gets
larger. In Trust in Public Finance (NBER Working Paper No.
9187), NBER Research Associate Joel Slemrod uses data on trust
and trustworthiness taken from the 1990 World Values Survey
to investigate the relationship across countries between the
size of government and the extent of tax cheating. He finds
that there is less tax cheating in countries that exhibit
more trustworthiness among citizens. However, holding constant
the level of such trustworthiness, tax cheating becomes more
acceptable to citizens as government grows. Although a trusting
citizenry allows a government to grow, the tax burden needed
to sustain a bigger government erodes taxpayers' willingness
to comply with the tax laws. Slemrod further finds that there
is more economic prosperity and more government involvement
in more trusting societies. He also uncovers a positive association
between the size of the government and prosperity, at least
until the level of government spending reaches 31 to 38 percent
of GDP. Beyond that, the effect of the government's size is
negative.
From NBER "Digest", National Bureau
of Economic Research, by Les Picker, 24 October 2002
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South African Workers March to Protest
Privatization
Blowing whistles and singing protest
songs, tens of thousands of workers across South Africa marched
Tuesday in a nationwide strike protesting the government's
privatization plans. Unions said the first day of the two-day
strike was a resounding success. Government and business leaders,
however, said few people were absent from work, and most business
continued as normal. The strike was called by the Congress
of South African Trade Unions, the country's largest union
group, which said government plans to sell off state-owned
businesses would cause more poverty in a country already hard-hit
by unemployment. "We must defend the rights of the ordinary
worker," Materene Wu-Mapemi, a COSATU leader, told a
crowd of thousands at a public square in downtown Johannesburg.
"If there is privatization, your rights will be taken
away." Some sat in the branches of trees to listen. Simultaneous
rallies were held in other cities throughout the country.
COSATU said at least 180,000 people participated in marches
around the country, and about 60 percent of workers joined
the strike. It said the mining industry was nearly shut down
with 80 percent absenteeism. However, The South African Chamber
of Business estimated only a 15 percent absenteeism rate across
the country. The Chamber of Mines said only 20 percent of
mine workers were absent and most mines continued operating
as normal. The government said only 5 percent of employees
in the four largest state-owned companies observed the strike.
The future of those companies was the union's top concern
in calling the strike. Police, public health workers and most
teachers also went to work, the government said. In Johannesburg,
workers marched with voices raised and fists clenched, carrying
banners reading: "It's Expensive to be Poor. Stop Privatization
Now" and "Create Decent Jobs." Organizers estimated
the crowd at 60,000. Police estimated it at 2,500. The strike
led to the suspension of the public bus service in parts of
the center of the country, and about 2,000 workers marched
on Parliament in Cape Town. COSATU President Willie Madisha
told the Cape Town protesters they were marching against unemployment,
poverty and hunger. "This is the beginning of the long
struggle against privatization," he said, according to
the South African Press Association. The government says privatization
plans are intended to streamline the unwieldy state-run economy
inherited from the apartheid era government and attract foreign
investment, spurring new jobs. COSATU is currently part of
the African National Congress-dominated ruling coalition,
despite its opposition to the government's economic program.
The South African Communist Party, which also supports the
strike, is the other member of the governing alliance. Opposition
officials have called the unions two-faced for refusing to
leave a government they sharply disagree with. Marchers said
they voted in the ANC but that the march was designed to make
the ruling party listen. "Privatization does not save
the poor, it makes the poor poorer," said Morris Mtshali,
31.
From CNN, 2 October 2002
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Only Eight Find Work Under Japan
Government job Hunt Plan
Only eight people have found work under
a Japanese government subsidy plan to help workers laid off
in corporate restructuring find new jobs, the Yomiuri Shimbun
newspaper said on Sunday. Efforts by Japanese businesses to
trim payrolls have caused many job losses, with the unemployment
rate at 5.4 percent in August - just a shade below last December's
5.5 percent post-war high. Those figures prompted the Labour
Ministry to set up a subsidy system last December under which
the government would fork out up to 300,000 yen ($2,451) per
person in placement agency fees to help restructured workers
find new jobs. But there was a catch - the fees would only
be paid if the worker found a new job within a week, a tall
order in Japan's tight labour market. As a result, only four
companies took advantage of the scheme between December 2001
and August this year, informed sources were quoted as telling
the Yomiuri newspaper. A mere eight workers found new jobs.
The ministry had expected 1,500 people to use the scheme between
December and March, and 4,400 to use it during the 2002 fiscal
year, which ends on March 31, 2003. To run the scheme, it
had appropriated 1.3 billion yen for the current fiscal year.
A Labour Ministry official quoted by the Yomiuri said the
one-week re-employment limit had been set because the system
aimed to help workers find new jobs ''as quickly as possible.''
''Besides, if it takes more than seven working days from dismissal
to re-employment, the worker becomes eligible for unemployment
insurance,'' the official was quoted as saying. Government
officials were not immediately available for comment, but
the ministry official quoted by the Yomiuri said the government
was well aware the system was not being used and would look
into methods to change this.
From MSNBC, 6 October 2002
China's Workers - No
Longer a Privileged Class
As state-owned enterprises become private,
workers increasingly face layoffs and poor working conditions
- When Wang Lijun lost two coworkers on the job - one who
fell to his death while cleaning train windows and another
who died from exhaustion - he decided it was time to speak
up. Rounding up 16 of his workmates at the Harbin Railway
Bureau in the northern Heilongjiang Province, Mr. Wang organized
a peaceful protest against 17-hour shifts and dangerous work
conditions - and promptly lost his job. That was 20 months
ago. Today, he is still out of work and deep in a prolonged
lawsuit against the state-run Harbin Railway Bureau. "It
is probably hopeless," the sinewy Wang says defiantly,
"But I am taking my case to the Supreme Court."
For more than 80 years, China's Communist Party considered
itself the vanguard of the proletariat, its 80 million state
employees guaranteed jobs for life and a cradle-to-grave welfare
system. But as the country's socialist market economy has
evolved into a bosses' paradise in just a decade, workers
like Wang are no longer treated like a privileged caste. "The
workers are not protected anymore," says Australian researcher
Anita Unger, author of the new book "China's Workers
Under Assault." "And things are getting worse."
According to the government, at least 24 million workers have
been fired from their jobs in state-owned enterprises, which
are quickly been transformed into private enterprises as the
state sells off its shares. The situation may only get worse,
some workers say, if President Jiang Zemin has his way at
the 16th Communist Party's Congress in November.
Mr. Jiang wants party members to agree
to admit capitalists into its ranks under the rubric of his
new political theory - "Three Representatives" or
"San Ge Dai Biao" - which offers a rationale for
China's economic transition. But some workers fear that such
a move would further distance the party from their interests.
"As long as party officials all support each other, how
will things for the workers change for the better?" says
Wang. A decade ago, a visitor to any state-owned factory or
shop would have found half the work force playing cards or
attending a political meeting - if not absent on a statutory
two-hour lunch break. Then, long overtime was mostly a feature
of export sweatshops rather than state-owned enterprises.
The most vulnerable workers were migrants from the villages
employed in foreign invested factories making shoes, toys,
and clothing. But as state-owned enterprises become private,
poor working conditions and sudden layoffs are increasingly
common, analysts say. "Even state workers are now on
short term work contracts. This means they are often not fired
exactly, the contracts are just not renewed," Dr. Unger
says. "Each time, there is a change of ownership at a
state-owned enterprise, there are massive layoffs and then
the new employers often prefer migrant workers." The
International Labor Organization estimates that Chinese workers
have five times as many accidents in the workplace as US workers,
although activists say this figure is too conservative. Independent
unions are illegal in China, and although state workers can
appeal to the official state-run trade union, they often receive
little help.
"The trade unions are not as assertive
as people would like them to be - in the 1980s they were a
lot more important," Unger explains. As a result, workers
- especially state workers, who tend to be much more aware
of their rights - are increasingly taking their complaints
to the courts. Their cases usually revolve around pay, unfair
dismissal, or injury. China's workers are entitled to a maximum
44-hour working week with at least one day off. However, "China's
labor laws are quite simple," says Mr. Ye Yunhua of the
Legal Assistance Center of the Legal Research Institute at
Qinghua University in Beijing. "They protect workers
from overtime, but they do not stipulate what should be done
in case of injury or overwork." "Labor lawyers want
to see better laws so these poor workers and their families
can be compensated," says Mr. Apo Leong, executive director
of Asia Monitor Resource Centre, a Hong Kong-based NGO helping
to defend workers. Wang first appealed the loss of his job
to the Ministry of Railways in Beijing, but soon found himself
in bigger trouble. "I told them our bosses are breaking
labor laws to put more money into their own pockets,"
he says. "They said they would help, but when I got home
the police came for me." For 23 days, Wang says, the
police kept him in jail and beat him, trying to extract a
confession until the official "Worker's Daily" ran
a story on his plight. Wang then took his case to the Beijing
Intermediate Court. Because he couldn't afford lawyers, he
appealed to a legal-aid service run by students at Qinghua
University. The Beijing Intermediate Court ruled against Wang
this summer. He is now appealing to China's Supreme Court,
hoping to set a legal precedent and ensure that China's rudimentary
labor laws apply to railway workers too. "I am disappointed
but I am not giving up," he says.
From Christian Science Monitor-Asia Pacific,
by Jasper Becker, 21 October 2002
China OKs High-Tech
Deals Ahead of President's Visit to U.S.
New York - China approved a raft of
multimillion deals with American and European businesses Monday,
primarily in the telecommunications sector, a day ahead of
the Chinese president's visit to the United States. Motorola,
Ericsson, Lucent Technologies and Nortel Networks announced
agreements with China United Telecommunications Corp., also
known as China Unicom, to improve its cellular phone network.
Exxon Mobil said it had signed deals to expand its joint ventures'
energy operations. Motorola's global telecom unit said it
had signed contracts totaling $446 million for the deployment
of a CDMA 1X system, a higher-speed cellular communications
network. China Unicom is also giving Sweden-based Ericsson
deals worth more than $150 million for improvements to its
some of its existing telecommunications network. The contracts
call for Ericsson to upgrade existing cdmaOne networks to
CDMA 1X. Nortel Networks said its joint venture in China,
Guangdong Nortel Telecommunications, had signed a series of
contracts worth $280 million to supply China Unicom with digital
wireless network infrastructure equipment. The Nortel Networks
Univity CDMA 1X equipment will be used to expand China Unicom's
network capacity in the provinces of Zhejiang, Shandong, Heilongjiang,
Henan, and Jiangxi, and in Chongqing municipality. These expansions
are expected to be complete within one year. And Lucent Technologies
said China Unicom had awarded it the second phase of a wireless
telecommunications contract worth "hundreds of millions
of dollars." Under the agreement, Lucent will provide
CDMA 1X equipment technology for high-speed wireless data
services such as e-mail and Internet access. Also Monday,
China Petroleum and Chemical Corp. and Exxon Mobil Corp.'s
Chinese subsidiary signed an agreement to move forward with
joint ventures under development in the coastal provinces
of Fujian and Guangdong. China Petroleum and Chemical Corp.
is also known as Sinopec. Sinopec is a division of state-owned
China Petroleum Corp., mainland China's largest integrated
petroleum and petrochemical company. In Fujian, Exxon Mobil
has been working with Saudi Aramco and Fujian Petrochemical
Co. Ltd., a joint venture between Sinopec and the Fujian provincial
government, to develop a refinery and petrochemical complex.
In Guangdong, the two companies have been evaluating a joint
venture that will invest in and expand an existing refinery
and petrochemical facilities now owned by Sinopec. In trading
on the New York Stock Exchange, Motorola advanced 4 cents
to $7.81; Nortel rose 15 cents to 78 cents; Lucent rose 5
cents to 73 cents and China Unicom's U.S. shares increased
18 cents to $6.53. Exxon Mobil closed unchanged at $36.00.
Ericsson, whose U.S. shares are traded on the Nasdaq Stock
Market, climbed 7 cents to 69 cents.
From Nando Times-Technology, 22 October
2002
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Electricite de France Workers to
Protest Asset Sales
Electricite de France and Gaz de France
workers are leading a demonstration today against government
plans to sell stakes in state-controlled companies, saying
their jobs and benefits are at risk. France's largest labor
union expects 60,000 power and gas employees to march through
Paris, the biggest rally by energy workers in almost two decades.
Employees of Air France SA, the national railways and other
state-run companies will join in. Prime Minister Jean-Pierre
Raffarin's center-right government needs the asset sales to
raise funds. Labor unions are worried a partial privatization
will put their benefits, higher pensions and job security
at risk. "We want a debate," said Pierre Ducrocq,
national secretary for power and gas workers at the CFDT labor
union. The demonstration will be led by the power and gas
sections of France's five main labor unions, the CGT, CFDT,
FO, CFTC and CGC. Protesters say they are worried that the
government's plan to turn 56-year-old Electricite de France
into a corporation will mean fewer benefits and want to protect
the pensions of the industry's 295,000 employees. Workers
in the energy industry don't retire, they become "inactive,"
which entitles them to 75 percent of their salary. They can
also get perks such as museum visits, sailing holidays and
vacation homes at a fraction of the regular price. No Gas,
Power Shortages Workers have started gathering at Place de
la Nation in eastern Paris and union representatives are scheduled
to meet Finance Minister Francis Mer at 10 a.m. The march
toward the Opera is scheduled to begin at about noon. There
are no plans to interrupt power or gas service during the
protest, said Michel Clerc, a spokesman for the CGT union.
Prime Minister Raffarin said in his inaugural speech to parliament
in July that he wanted the state to withdraw from competitive
industries, such as energy, air travel and telecommunications.
The planned sale of Electricite de France may also be Europe's
largest-ever initial stock offering. The utility is worth
an estimated 40 billion euros ($39 billion). "Why sell
a stake in EDF, given that EDF perfectly delivers the service
for which it was put in place," namely distributing electricity
throughout France at the lowest possible cost, Marc Blondel,
head of the FO union, said in an interview on France Inter
radio. The CGT labor union at France Telecom SA, Europe's
No. 2 phone company, is encouraging employees to join the
march and said it expects some 200 people to participate around
Paris. Ground workers at Air France, Europe's third-largest
airline, have asked their members to "mobilize and participate
actively" in the demonstrations to protest the government's
plan to reduce its holding to about 20 percent from 56 percent.
Some 50 flights have been canceled at Paris's Charles de Gaulle
and Orly airports, LCI television said.
From Bloomberg-Politics, by Nicolas Johnson,
3 October 2002
IT Spending Increases
Profits
Companies that spend above the average
amount on IT can make up to 36 per cent more profit than their
techno-phobic competitors, according to the latest research.
A study of almost 1,000 European companies conducted by Gartner
and commissioned by BT Ignite has revealed what researchers
call the "strongest evidence to date of a link between
investment in information and communications technology (ICT)
and profit". Organizations that had large ICT budgets
generated on average 2.4 per cent more profit than those that
invested below the European average. The average profit of
organizations that spent heavily on ICT was 9.1 per cent,
compared to 6.7 per cent for organizations that failed to
make a significant financial commitment. One quarter of organizations
that invested major sums in ICT made a profit of between 10
and 20 per cent. Although investment was the most influential
factor in delivering improved financial performance, Gartner's
analysts warn that IT spend must be balanced. Investing in
a single area such as CRM, ecommerce, ERP, knowledge management
or supply chain management did not generate significant benefits
in terms of overall company performance, the research found.
Despite the impact on profitability revealed by the survey,
reducing cost was still seen by the respondents as the most
important criteria when it comes to justifying investment
in IT. The research also showed that although judicious IT
spend can be a huge boost to a company's bottom line, 'softer'
factors such as company culture and the alignment of employee
reward structures to the achievement of customer satisfaction
goals are much more significant in overall financial performance.
John Simcox, vice president of Gartner said: "We have
identified that organizations that have taken specific positive
action to ensure that their employees are fully aligned with
their customer satisfaction goals are seeing business benefits
through increased profitability. However the biggest drivers
to improved corporate performance are down to the organization
having the right culture and a willingness to invest across
all parts of the business." During June and July 2002,
Gartner interviewed 973 executives and senior managers across
eight countries (Belgium, France, Germany, Ireland, Spain,
Sweden, the Netherlands and the United Kingdom) working in
a variety of vertical markets.
From ZDNet, By Graham Hayday 10 October
2002
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Enron's Ex-CFO Fastow to Surrender
and Face Charges, People Say
Houston - Enron Corp. former Chief
Financial Officer Andrew Fastow plans to surrender in Houston
as soon as tomorrow to FBI agents to face charges related
to the energy trader's collapse, people familiar with the
case said. Fastow will be taken to the federal courthouse
where prosecutors from the Justice Department's Enron Task
Force will charge him, the people said. Fastow created and
ran partnerships for the bankrupt energy trader that were
used to hide $1 billion in losses. He is to be charged in
a criminal complaint with defrauding shareholders through
a secret agreement in which Enron would protect his LJM partnership
from losses, the New York Times reported, citing unidentified
people involved in the case. His arrest advances the Bush
administration's efforts to prosecute a number of unrelated
corporate fraud cases that came to light after Enron's December
bankruptcy. Since then, the government has charged executives
at Adelphia Communications Corp. and WorldCom Inc. with fraud.
Fastow is "the big trophy on the corporate accounting
side," said Jacob Frenkel, a former Securities and Exchange
Commission enforcement lawyer. Fastow's lawyer, John Keker,
didn't return messages left at his law firm, Keker & Van
Nest, in San Francisco. Gordon Andrew, Fastow's spokesman,
declined to comment on the case. In August, former Enron executive
Michael Kopper pleaded guilty to fraud and money-laundering
conspiracies, and implicated Fastow in a scheme to defraud
investors. Fastow's ability to work out a plea agreement with
prosecutors likely depends in part on how much information
he can give prosecutors investigating Enron former Chairman
Kenneth Lay and former Chief Executive Jeffrey Skilling. Deception
- In July, President George W. Bush established a team to
fight financial crime. Since then, the Justice Department
has opened more than 100 investigations into suspected corporate
fraud and charged more than 150 people. More than 45 defendants
have been convicted or intend to plead guilty, Bush announced
last week. On July 30, Bush signed a bill that makes securities
fraud a crime that carries a maximum of 25 years in prison,
and increases penalties for other financial crimes. Chief
executives will have to vouch for their companies' financial
statements and may be subject to jail and fines if they knowingly
deceive. Fastow made more than $30 million from investments
in the partnerships while Kopper and his domestic partner,
William Dodson, made more than $10 million, according to a
report in February by a special committee of Enron's board.
Prosecuting Executives - At the same
time Kopper's plea was announced, the Securities and Exchange
Commission filed a civil lawsuit alleging that Kopper, Fastow
and others "used complex structures, straw men, hidden
payments and secret loans" to create the appearance that
three partnerships they controlled were independent of Enron.
The deception enabled Enron to move the partnerships off its
balance sheet and improve its financial results so it looked
more attractive to securities analysts and credit-rating companies,
the SEC suit said. Kopper's settlement with the SEC includes
a lifetime ban on serving as a corporate officer or director.
The Enron case brought the downfall of the company's accounting
firm when Arthur Andersen LLP was convicted in June of obstructing
justice by destroying Enron documents. That conviction barred
the firm from performing audits. WorldCom, Adelphia - In the
WorldCom case, former controller David Myers pleaded guilty
to charges he participated in a multibillion-dollar accounting
fraud that drove the company into the biggest bankruptcy in
U.S. history. Myers is accused of plotting with WorldCom's
former chief financial officer, Scott Sullivan, to hide more
than $7 billion in expenses by manipulating the books of the
second-largest long- distance phone company. Prosecutors will
use Myers to help build a case against Sullivan and other
former officials of the company, lawyers familiar with the
case said. The ultimate target, attorneys following the case
say, is former WorldCom Chairman Bernard Ebbers. In the Adelphia
case, founder John J. Rigas, two of his sons and two other
former company executives were indicted last month on federal
charges of defrauding the cable-television operator of more
than $2.5 billion. Authorities said Rigas, Adelphia's ex-chairman,
and sons Timothy, who was chief financial officer, and Michael,
former vice president for operations, hid more than $2 billion
in debt and looted company funds to pay for personal expenses,
including stock and luxury apartments. When they were arrested
in July, the government said the Rigases treated Adelphia
like their "personal piggy bank."
From Bloomberg-Politics, by Anna Marie
Stolley, 1 October 2002
Enron's Ex-CFO Fastow
Surrenders to Federal Agents
Houston - Andrew Fastow, whose financial
wizardry helped propel Enron Corp. into the front rank of
American companies, surrendered to the FBI in Houston to face
charges he masterminded a fraud that cost investors billions
of dollars and led to the energy trader's collapse. A stern-faced
Fastow, accompanied by his lawyer, declined to comment as
he passed scores of reporters to enter FBI headquarters. Justice
Department prosecutors will accuse Enron's former chief financial
officer of conducting secret trades with partnerships he controlled
that were designed to inflate Enron's profits, people familiar
with the case said. Fastow was in his mid-30s when he created
and ran partnerships for the bankrupt energy trader that brought
him more than $30 million and hid $1 billion in losses, a
report for the company's board of directors has charged. His
arrest may signal trouble for former Chief Executive Jeffrey
Skilling, lawyers following the case said. "If Andy Fastow
does not want to become the Enron record holder for the longest
jail term, he will need to provide meaningful and substantial
cooperation for a case against Skilling," said Jacob
Frenkel, a former Securities and Exchange enforcement lawyer.
The Justice Department planned to outline the charges against
Fastow at a news conference in Washington and the defendant
is due to appear in federal court later today. Fastow, who
will turn 41 in December, was ousted as chief financial officer
a year ago after Enron revealed that two partnerships he controlled,
LJM Cayman and LJM2 Co-Investment, cost the company millions
of dollars. Kopper Plea - Enron will "continue to cooperate
with all the investigations into the past," company spokesman
Mark Palmer said. Former Enron executive Michael Kopper pleaded
guilty in August to fraud and money-laundering conspiracies
and implicated Fastow in the scheme.
The government is trying to seize some
of Fastow's assets, including an almost-completed house in
the posh River Oaks section of Houston. The 8,700-square-foot
home, with four bedrooms and six fireplaces, is on the market
for $4.2 million, the Houston Chronicle reported. Enron, once
the seventh largest company in the U.S., sought Chapter 11
bankruptcy protection Dec. 2 after restating more than $586
million in revenue. Fastow earned a bachelor's degree in Chinese
and economics from Tufts University in 1983. There, he met
his future wife, Lea Weingarten of Houston, whose family owned
an 87-store grocery chain and a local real estate firm. Joining
Enron - In 1986, Fastow received an MBA from Northwestern
University and took a job with Continental Bank Corp. in Chicago
as a senior director in the asset securitization division
where he helped the bank bundle loans and sell them to investors.
Fastow joined Enron Capital in 1990, forming a friendship
with Skilling, who'd recently signed on with the company from
consulting firm McKinsey & Co. In 1996, Fastow was named
head of Enron's retail energy group and spearheaded the company's
push into the newly deregulated electricity markets. At the
time Kopper's plea was announced, the Securities and Exchange
Commission filed a civil lawsuit alleging that Kopper, Fastow
and others "used complex structures, straw men, hidden
payments and secret loans" to create the appearance that
three partnerships they controlled were independent of Enron.
The deception enabled Enron to move the partnerships off its
balance sheet and improve its financial results so it looked
more attractive to securities analysts and credit-rating companies,
the SEC suit said. Kopper's settlement with the SEC includes
a lifetime ban on serving as a corporate officer or director.
From Bloomberg-Politics, by Anna Marie
Stolley, 2 October 2002
SEC Tackles More Corporate
Reform Off-Balance Transactions, Pro-Forma Earnings Eyed
Washington - The Securities and Exchange
Commission will address more corporate reform-related rulemaking
Wednesday as it considers stricter financial reporting rules
to prevent companies from inflating their profits and hiding
losses. Specifically, the SEC is looking at new disclosure
rules for off-balance sheet transactions and potentially limiting
the use of controversial pro-forma earnings statements. The
SEC is charged with implementing dozens of new rules over
the next six months to restore investor confidence and curb
the abuses of Corporate America. The rulemaking is required
under the Sarbanes-Oxley Act of 2002, the sweeping business-reform
legislation signed into law last July after the spate of corporate
scandals roiled the U.S. stock market. Hidden transactions
- At the open meeting Wednesday, the commission is set to
propose that companies tell shareholders in quarterly and
annual reports any off-balance arrangements and other relationships
that might impact its financial condition. Off-balance sheet
financing arrangements sparked Enron's collapse and are at
the heart of the federal investigation into the once high-flying
energy trader. The rule would require companies to disclose
estimates of contractual obligations due in short- or long-term
and an estimate of any contingent liabilities in either a
table or text format. The disclosure would appear in the "Management's
Discussion and Analysis" section of securities filings.
Pro-forma data - The SEC will also focus on pro-forma financial
information, a reporting method popularized by technology
and Internet companies, who use the data to often highlight
positive information in press releases. The commission will
recommend that if companies choose to use pro-forma information
in press releases, they must also show financial results based
on generally accepted accounting principles, or GAAP.
While issuing pro-forma financial statements
in earnings releases isn't illegal under securities laws,
critics contend they can create a deceptive picture of a company's
finances because the results aren't required to follow accounting
rules. This year companies such as Yahoo and 3Com have said
they would abandon the use of pro-forma financial reporting
to supplement GAAP results. Meanwhile, the National Investor
Relations Institute and Financial Executives International
have urged companies to put GAAP results ahead of pro-forma
data in press releases. In general, pro-forma figures exclude
certain one-time charges and expenses that affect net income.
"Pro-forma financial results aren't prepared using GAAP
and they may not convey a true and accurate picture of a company's
financial well-being," according to the SEC. Last December
the SEC pledged to punish companies that distribute misleading
pro-forma earnings releases and warned investors to be skeptical
of them. In its first-ever pro-forma reporting case earlier
this year, the SEC charged that Trump Hotels & Casino
Resorts failed to mention an unusual one-time gain of $17.4
million, which helped the company top Wall Street's earnings
expectations in the third quarter of 1999. Trump Hotels, headed
by real estate mogul Donald Trump, consented to the cease-and-desist
order without admitting or denying the commission's finding.
Blackout periods - Another rule proposal on Wednesday's agenda
would ban executive officers and directors from selling or
purchasing their company's stock during pension plan blackout
periods. Companies would also have to provide notice of any
black out periods to its employees and the SEC. Wednesday's
meeting is the latest in a series of rulemakings designed
to combine existing SEC regulations with those mandated by
the Sarbanes-Oxley Act. Leticia Williams is a reporter for
CBS.MarketWatch.com in Washington. Matt Andrejczak is a reporter
for CBS.MarketWatch.com in Washington.
From CBS Marketwatch, by Leticia Williams
& Matt Andrejczak, 29 October 2002
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