Twenty years ago, I wrote in Philosophy of Economics (Routledge, London & New York, 1989) quoting from Solzhenitsyn’s experience:
“….the received theory of economic policy… must be silent about the appropriate role of the expert not only under conditions of tyranny (Solzhenitsyn: “The prison doctor was the interrogator’s and executioner’s right-hand man. The beaten prisoner would come to on the floor only to hear the doctor’s voice: ‘You can continue, the pulse is normal’” ); but also where the duly elected government of an open and democratic society proceeded to do things patently wrong or tyrannical (the imprisonment of the Japanese Americans). Hence Popper’s “paradox of democracy” and “tyranny of the majority”..… A theory of economic policy which both assumes a free and open society and bases itself upon a moral scepticism cannot have anything to say ultimately about the objective reasons why a free and open society may be preferred to an unfree or closed society, or about the good or bad outcomes that may be produced by the working of democratic processes…”
“When the CIA began what it called an “increased pressure phase” with captured terrorism suspect Abu Zubaida in the summer of 2002, its first step was to limit the detainee’s human contact to just two people. One was the CIA interrogator, the other a psychologist. During the extraordinary weeks that followed, it was the psychologist who apparently played the more critical role. According to newly released Justice Department documents, the psychologist provided ideas, practical advice and even legal justification for interrogation methods that would break Abu Zubaida, physically and mentally. Extreme sleep deprivation, waterboarding, the use of insects to provoke fear — all were deemed acceptable, in part because the psychologist said so. “No severe mental pain or suffering would have been inflicted,” a Justice Department lawyer said in a 2002 memo explaining why waterboarding, or simulated drowning, should not be considered torture. The role of health professionals as described in the documents has prompted a renewed outcry from ethicists who say the conduct of psychologists and supervising physicians violated basic standards of their professions. Their names are among the few details censored in the long-concealed Bush administration memos released Thursday, but the documents show a steady stream of psychologists, physicians and other health officials who both kept detainees alive and actively participated in designing the interrogation program and monitoring its implementation. Their presence also enabled the government to argue that the interrogations did not include torture. Most of the psychologists were contract employees of the CIA, according to intelligence officials familiar with the program. “The health professionals involved in the CIA program broke the law and shame the bedrock ethical traditions of medicine and psychology,” said Frank Donaghue, chief executive of Physicians for Human Rights, an international advocacy group made up of physicians opposed to torture. “All psychologists and physicians found to be involved in the torture of detainees must lose their license and never be allowed to practice again.” The CIA declined to comment yesterday on the role played by health professionals in the agency’s self-described “enhanced interrogation program,” which operated from 2002 to 2006 in various secret prisons overseas. “The fact remains that CIA’s detention and interrogation effort was authorized and approved by our government,” CIA Director Leon Panetta said Thursday in a statement to employees. The Obama administration and its top intelligence leaders have banned harsh interrogations while also strongly opposing investigations or penalties for employees who were following their government’s orders. The CIA dispatched personnel from its office of medical services to each secret prison and evaluated medical professionals involved in interrogations “to make sure they could stand up, psychologically handle it,” according to a former CIA official. The alleged actions of medical professionals in the secret prisons are viewed as particularly troubling by an array of groups, including the American Medical Association and the International Committee of the Red Cross. AMA policies state that physicians “must not be present when torture is used or threatened.” The guidelines allow doctors to treat detainees only “if doing so is in their [detainees’] best interest” and not merely to monitor their health “so that torture can begin or continue.” The American Psychological Association has condemned any participation by its members in interrogations involving torture, but critics of the organization faulted it for failing to censure members involved in harsh interrogations. The ICRC, which conducted the first independent interviews of CIA detainees in 2006, said the prisoners were told they would not be killed during interrogations, though one was warned that he would be brought to “the verge of death and back again,” according to a confidential ICRC report leaked to the New York Review of Books last month. “The interrogation process is contrary to international law and the participation of health personnel in such a process is contrary to international standards of medical ethics,” the ICRC report concluded….” (emphasis added)
Twenty-five years ago, the draft-manuscript that became the book Philosophy of Economics got me into much trouble in American academia. As I have said elsewhere, a gang of “inert game theorists”, similar to many (often unemployable ex-mathematicians) who had come to and still dominate what passes for academic economics in many American and European universities, did not like at all what I was saying. A handful of eminent senior economists – Frank Hahn, T W Schultz, Milton Friedman, James M Buchanan, Sidney Alexander – defended my work and but for their support over the decade 1979-1989, my book would not have seen light of day. Eventually, I have had to battle over years in the US federal courts over it – only to find myself having to battle bribery of court officers and the suborning of perjury by government legal officers too! (And speaking of government-paid psychologists, I was even required at one point by my corrupt opponent to undergo tests for having had the temerity of being in court at all! Fortunately for me that particular psychologist declined to participate in the nefariousness of his employer!).
I find all this poignant today as Philosophy of Economics may have, among other things, described the general theoretical problem that has been brought to light today. I was delighted to hear from a friend in 1993 that my book had been prescribed for a course at Yale Law School and was strewn all over an alley in the bookshop.
Separately, I am also delighted to find that a person pioneering the current work is a daughter of our present PM. I have been sharply critical of Dr Singh’s economics and politics, but I have also said I have had high personal regard for him ever since 1973 when he, as a friend of my father’s, visited our then-home in Paris to advise me before I embarked on my study of economics. My salute to the ACLU’s work in this – may it be an example in defeating cases of State-tyranny in India too.
Transparency & history: India’s archives must be opened to world standards
by Claude Arpi & Subroto Roy
First published in Business Standard New Delhi December 31, 2008, 0:26 IST
The Government of India continues to hide India’s history from India’s people using specious excuses. An example is the Henderson-Brook report on the 1962 war, a single copy of which is said to exist locked away in the Defence Ministry. An anti-Indian author like Neville Maxwell is among the few ever given access to it; he has reiterated his factually incorrect theory (accepted by Henry Kissinger and Zhou Enlai and the US and Chinese establishments since) that the 1962 war was due to Nehru’s aggressive policy and China had no choice but launch a “pre-emptive attack”.
In Parliament not long ago, Defence Minister A K Antony said: “Considering the sensitivity of information contained in the report and its security implications, the report has not been recommended to be declassified in the National Security interest.” This is nonsense. Nothing from as far back as 1962 can possibly affect anything significant to India’s security today. In any case the Defence Ministry’s official history of the 1962 war, though officially unpublished, is openly available.
Even the 2005 Right to Information Act goes against transparency of research into India’s history. Article 8 (1) (a) says, “there shall be no obligation to give any citizen,— (a) information, disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State, relation with foreign State or lead to incitement of an offence.” This can cover all files of the MEA, Defence and Home; there seems to be no right to academic freedom for India’s people to research their own history.
China itself is more open with its archives. Since 2004, the Foreign Ministry in Beijing has begun a systematic process declassifying more than 40,000 items from its diplomatic records for the period 1949-1960. The Cold War International History Project at the Woodrow Wilson International Center in Washington DC has recently published Inside China’s Cold War; the Project Director admits this has been possible due to China’s “archival thaw”.
In the USA, official documents are made available after 30 years or when a reasonable demand is made under the Freedom of Information Act. Numerous groups exist whose only work is to make sure the law is followed. The recently released Foreign Relations of the United States, Volume XVIII, China (1973-1976) published by the American foreign ministry reveals several interesting aspects of the India-USA-China relationship. Last year the National Archives and Records Administration (NARA) posted some 320,000 declassified cables on-line. The text of once-secret diplomatic cables indexed is today retrievable from the NARA Website. It also includes withdrawal cards for documents still classified, so these can be requested under the Freedom of Information Act. Out of 119,356 documents for 1973 and 200,508 for 1974, some 7,484 were related to India. Indians scholars today have to rely on US documents for their own history!
In an open society, the ordinary citizen has reasonably easy access to any and all information relating to the public or social interest— whether the information is directly available to the citizen himself/herself, or is indirectly available to his/her elected representatives like MPs and MLAs. Different citizens will respond to the same factual information in different ways, and conflict and debate about the common good will result. But that would be part of the democratic process. In an open society, both good news and bad news is out there in the pubic domain— to be assessed, debated, rejoiced over, or wept about. Citizens are mature enough to cope with both— the experience causes a process of social maturation in formulating the common good as well as responses to problems or crises the community may face. People improve their civic capacities, becoming better-informed and more discerning voters and decision-makers, and so becoming better citizens.
The opposite of an open society is a closed society— in which a ruling political party or self-styled elite or ‘nomenclatura’ keep publicly important information to themselves, and do not allow the ordinary citizen easy or reasonably free access to it. The reason may be merely that they are intent on accumulating assets for themselves in the dark as quickly as possible while in office, or that they are afraid of public anger and want to save their own skins from demands for accountability. Or it may be they have the impression that the public is better off kept in the dark— that only the elite ‘nomenclatura’ is in a position to use the information to serve the national interest. Bad news comes to be suppressed and so good news gets exaggerated in significance. News of economic disasters, military defeats or domestic uprisings gets suppressed. News of victories or achievements or heroics gets exaggerated. If there are no real victories, achievements or heroics, fake ones have to be invented by government hacks— though the suppressed bad news tends to silently whisper all the way through the public consciousness in any case.
Such is the way of government propaganda everywhere. Closed society totalitarianism permitted the general masses to remain docile and unthinking while the ‘nomenclatura’ make the decisions. Dostoevsky’s Grand Inquisitor said that is all that can be expected of the masses. Open society transparency was instead defined by Pericles for the Athenians: “Here each individual is interested not only in his own affairs but in the affairs of the state as well; even those who are mostly occupied with their own business are extremely well-informed on general politics— this is a peculiarity of ours: we do not say that a man who takes no interest in politics is a man who minds his own business; we say that he has no business here at all.”
The study of the subcontinent’s history using archival material is crucial to disentangle difficult problems like the Jammu & Kashmir issue or the border problem with China. Yet today nobody can access independent India’s primary sources locked in South Block and North Block in New Delhi. Most bizarrely, Jawaharlal Nehru’s papers are under control of his descendants like Priyanka Vadra and Sonia Gandhi, who claim copyright. Someone may need to tell them there is a universal principle that there can be no copyright on the public life-work of historical figures like presidents and prime ministers.
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