In these odd days of a pandemic, it feels as if after watching scores of the zombie apocalyptic movies we all woke to find ourselves in one. There are no aliens scouring the landscape to find human victims to enslave, torture, inhabit or exterminate but there are hundreds of thousands of us dying due to an invader nonetheless. Those who have never had it dread catching it. Those who survive feel as if they have the mark of Job upon them. Many thousands and thousands more are alone and isolated wondering what terrible deed they’ve done to justify this dreadful visitation.
The elderly, who have lived through a World war and brought up children to adulthood, perhaps lost a partner and already cope with deteriorating health now have a new foe to face. They must isolate from the remaining ones they love. Already outcast because of the lack of access to social media connections they must feel that the curtain has fallen on any resemblance of quality of life in their final days, months or years. Elderly relatives used to put into words the challenges by pointing out “this getting old is not for quitters!” But this present landscape was never dreamt of. The newspapers, radio and TV are like sirens of disaster breeding fear and anxiety. Everything and everyone is felt at fault. Even family out of love put the fear of God in their elderly relatives instructing them to see no one and stay indoors. Everyone knows the reasons; this virus kills the elderly in abundance but I wonder for some of those frail figures hiding behind curtains in their own home or in nursing home bedrooms this present condition must seem a fate worse than death. To be isolated, alone and safe but passing one’s last hours far from all you love feels like living an unspoken tragedy. However, there is the cruel possibility that the one you love and who has loved you deeply and consistently over decades could end up alone in a hospital dying with no loving hand to hold them and that quite freezes the heart.
There are many lessons we are all learning as we endure this present situation. Perhaps the most foul is the extremes of wealth and poverty that blight mankind. Meaning that those with money can afford PPE, clean water, soap and are able to socially isolate and have shelter, food and resources. Those who don’t find suddenly that they are uniquely vulnerable to disease, hunger and worsening conditions. Wealthier nations buy up medicine and stockpile vaccines for their own population and can view others as inconvenient or even invaders. If it was a movie we would now have identified the villains of the piece. We would loathe their selfish agenda, “Me, Me, save me!” at all costs. The mean-spirited coward who throws others at the feet of the approaching alien to enable their own escape. But we are not watching a movie we are in it and part of the cast. As usual, there are very few heroes, many villains and a huge crew of extras standing around.
So today, when the news is full of how international businesses are suing governments around the world because they have lost income during the pandemic, I suspect that some of the biggest villains have now entered stage left. No matter what the loss of life, the economic collapse, the social instability these bloodsucking entities can focus only on their bottom-line, money. While many countries are facing debt burdens that will take decades or more to diminish these selfish corporations plan to line their pockets and those of their lawyers. Their agenda is clear. It has ever been so. But in these days of a pandemic, they may have overplayed their hand.
Do you not feel, like me, sick to the stomach that while lives are ending, families are devastated, jobs lost and recession strikes these people care not one jot? Making money is their very reason for existence and every opportunity to do so whatever the cost to humanity is justified. In the 2008 economic crash, selfish reckless behaviour in terms of investment almost brought the world to its knees. Mostly, those responsible as usual strutted away with considerable financial gain and little consequence for their actions. The world is struggling, burying its dead, while fighting to maintain health care systems around the world besieged by the numbers needing assistance. Do these corporations really think they will again be allowed to milk this nightmare for their own greedy ends? There comes a point in every movie where suddenly you see clearly everyone’s intent. You’ve grasped the storyline. You recognise the total lack of integrity or empathy in the darkness of the villain compared to the heroic brightness of the actions of those trying to save the day. For me, today’s news made that crystal clear. The despicable selfish actions of such entities are now blindingly evident and clear.
This week 600 civil society groups in over 90 countries have written an open letter calling attention to what is now happening. Oxfam, Friends of the Earth, the International Trade Union Confederation (ITUC), SumOfUs and Global Justice Now and many others have warned, at a
“time when government resources are stretched to the limit in responding to the crisis, public money should not be diverted from saving lives, jobs and livelihoods into paying ISDS awards or legal fees to fight a claim”.
Others have pointed out that
“Public money should go towards protecting public health and people’s livelihoods, not towards lining the pockets of greedy multinational corporations and their lawyers.”
“Use of investor-state lawsuits is an attack on democracy in any circumstance. But the fact that corporations are considering suing governments over measures taken to protect human health, in the midst of a pandemic, is truly appalling.”
In case you are wondering exactly what ISDS is, The Economist in 2014 put it in a nutshell,
“If you wanted to convince the public that international trade agreements are a way to let multinational companies get rich at the expense of ordinary people, this is what you would do: give foreign firms a special right to apply to a secretive tribunal of highly paid corporate lawyers for compensation whenever a government passes a law to, say, discourage smoking, protect the environment or prevent a nuclear catastrophe. Yet that is precisely what thousands of trade and investment treaties over the past half-century have done, through a process known as ‘investor-state dispute settlement,’ or ISDS.”
This is nothing new and here are a few past examples of this process in action. The Swedish energy giant Vattenfall sued Germany for €6.1 billion in damages when the country decided to phase out nuclear power following the Fukushima disaster, and tobacco company Philip Morris sued both Uruguay and Australia over government health warnings on cigarette packs and other measures to reduce smoking. Yes, you read that right a cigarette company sued whole nations for attempting to reducing smoking!
And who exactly benefits from these ISDS payouts? That would be large corporations and rich individuals: 94.5 per cent of these awards went to companies with annual revenue of at least US$1 billion or to individuals with over US$100 million in net wealth. No wonder then that the Nobel Prize-winning economist Joseph Stiglitz described ISDS as “litigation terrorism”.
There are other ways to handle injustice. If we look at the 2008 global financial crisis there was a nation that reacted differently to what happened. Iceland was hit particularly hard its currency crashed, unemployment soared and the stock market was more or less wiped out. However, unlike other Western economies, the Icelandic government let its three major banks - Kaupthing, Glitnir and Landsbankinn fail. There was no buy out to support these banks. Instead, Iceland went after reckless bankers and many senior executives were jailed.
