Why Legislations dont work in delivering services

The easiest and the most commonplace instrument of governance is to draft, pass and enact laws. That is the principle act of legislators at the provincial and federal level.  They are called legislators for a certain reason. India has been in the process of bringing in to force entitlement legislation’s like the right to acts: education, food, work. These are indeed commendable civil society-government joint initiatives  to bring in social security for the poor. the Rural Jobs Law- NREGA; is a well intention-ed act that offers poor rural folk employment based pay for upto 200 days per year. Huge sums are allocated without any check and balance built in hence leave a massive opportunity for earning money illicitly in the bureaucratic supply chain. The NREGA Act has worked in bits and patches such as in Andhra Pradesh, but the same cannot be said of Uttar Pradesh. Entitlement legislation needs to backed with the actual social infrastructure to efficiently deliver services to those who matter the most; the rural poor.  These are indeed the developmental front of National Security: for example in the Red Corridor. It is indeed a conflict with a tremendous human, social dimension. Implementing multi billion dollar schemes require systemic engineering, foundation need to be robust to take the load of such large scale initiatives. All stakeholders need to have convergence to a function-able degree. The objective should be the betterment of a few million people and not only their egos and pockets sadly. They need real time data, forensic analysis for fraud and professionals dedicated to program implementation. Dumping all additional workload on the District Collector, does not help the poor chap, already overburdened with work. Legislations need muscle in form of structural support to make an impact.

Another Legislation which is on the horizon due to popular demand, and civil society-media mobilization is the ombudsman legislation in India in the working; The Jan Lok Pal.  The popular uproar in favor of the Anna Hazare movement is admirable as it was Delhi’s Tahrir Square moment. It awakened national consciousness after the Kargil War. People got involved in thinking about change. Those are the positive externalities of the movement. I believe India’s Occupy Movement is yet to come although Mr. Friedman of the New York Times understands otherwise.  The Jan Lok Pal agitation is a public spectacle, real changes are brought on the ground and not on New Hour with Arnab Goswami. The Ombudsman wishes to create a parallel architectural framework on top of the present vigilance apparatus. Additional bureaucracy adds power to the civil servants to extract more ‘rents’ and not to the common man as they will have another layer to negotiate, instead of a single window clearance. Governance paralysis will be another pitfall, as civil servants will be unwilling to stick their neck out to make real changes.

Legislations  are cosmetic changes, what is needed is a surgery. Corruption is a cultural malaise in South Asia, with the Bakshish tradition since the Mughal era. What is needed is strong institution building and not adding other layer of bureaucratic mess. By the way, no one has said of who will monitor the Lok Pal itself, a super Lok Pal in 20 years? Will it take the shape and ethos of the Supreme Gaurdian Council of Iran with our own Ayatollah in the form of a self righteous civil society actor, we must not let people hijack the efficacy of institutions.

The Gulf of Life: Realities and Expectations

Recently I have watched two films that i wanted to watch as they had soulful stories to offer, with a dash of mainstream glamour . I watched Zindagi Na Milegi Dobara- a Bachelor trip flick starring a very powerful starcast including Hrithik Roshan, Katrina Kaif and the multi talented Farhan Akhtar. The film is wonderfully shot in Spain; which is phenomenal advertorial for tourism in that part of the World. The film deals with issues of a trio of college friends who are facing different issues; one is a rich Investment Banker does not have time for anything apart from making money, had a failed relationship with his girlfriend, and who rediscovers the spirit of life when he overcomes his fear of water by scuba diving and in the process rediscovering love with their diving instructor. Another friend, a part of the trio;is dealing with the fears of having a over-possessive  would be wife. The third one, deals with the fear of meeting his biological father for the first time, who is an artist and he seems to have taken up on his genes as he is a poet himself. The film is unique in treatment and has many pointers to offer if some one is facing a quarter life crisis. Very emotional indeed.

Today, i watched Rockstar; a classy and energetic musical starring Ranbir Kapoor and the charming Nargis Fakhri. Passion seems to be dripping from the movie. It is a film loosely characteristically on Jim Morrison, but with a distinct Delhi identity. The destructive creative potential of passion and love is exemplified in the movie. Music stems from a broken, pained heart as the punchline in the film lucidly communicates.  Genius seems to have its own frailties and idiosyncratic nuances.  The differential between the real and the aspirational often causes all the genesis of miseries which our mundane existence. Expectation management is at the crux of peak performance. Procrastination happens when the paralysis of non performance results in fear.It is a viscous circle at its peak.

 

 

Time for businesses to walk the talk on human rights

There has been a huge bit of hype over corporate citizenship and its onus to protect the rights of workers in the past few years. Corporate Social Responsibility and its corresponding voluntary ISO 26000 standard, includes human rights as one of the metrics for good corporate citizenship. This vocalic buzz is indeed positive for workers’ rights in general as the spotlight and accountability increases in these cases.

But the reports from the media regarding the rights of workers are not really all positive. We have had the Foxconn episode, with poor worker conditions in the factories which manufacture Apple products such as the iconic iPhone. ‘Sweatshop’ labor has been the norm in the textile industry for some time, while the sports goods industry is not a stranger as well in this discourse on worker protection. From workshops in Pakistan to Bangladesh to factories on the Chinese East Coast to Indonesia, workers’ rights are flouted without any batting of an eye lid as many a documentary has demonstrated.

The reason for the reduction in workers’ rights and protection has been due to the commodification of labor into ‘a particular exchange value’ or a cog in the ‘value chain’. Classical Marxism again makes a comeback as an analytic instrument of theoretical analysis. The whole paradigm of outsourcing compounds the matter of responsibility of implementation of rights protection and adds layers of complexity in regulatory affairs.

In this hyper-charged age of globalization, trade barriers are broken down and manufacturing is globally distributed. Some firms like the sportswear major Nike does not manufacture anything of their own. They outsource everything, and different parts of their products are made by different suppliers, and someone else finally assembles the product. How do transnational brands ensure worker safety and fairness? Suppliers competitively bid for contracts often on the lowest value offering – the minimum bid. The problem is the minimum is not simply the best for the worker.

Due to globalization, transnational corporations move to unchartered territories in search for resources and new markets. For example, Chinese mining firms in Zambia are facing labor unrest for human rights violations recently. The question which arises here is: Are standards for transnational corporations the same across various jurisdictions – developing and the developed world? Is legal compliance the same in Zambia and London? The answer is sadly no, the institutional power of the nation state differs from the global south to the industrialized west. Nation states in developing countries are simply powerless in front of multinational corporations because of the sheer wealth and ability of the corporate behemoths.

In light of the limitations mentioned above, it is time to move beyond the rhetoric and walk the talk regarding human rights and to implement the tenets, in order to truly treat the human for what the human actually is, beyond the ‘user value’ determined by the corporation.


This article was published in the Green Business Times, on the 7th of November, 2011 (http://www.greenbusinesstimes.com/2011/11/07/time-for-businesses-to-walk-the-talk-on-human-rights/)

Time for Human Rights to come under business responsibility?

In this hyper-charged age of globalization, where trade barriers are broken down and manufacturing is globally distributed; both in the intellectual sense and in its physical avataar. There has been a huge bit of hype over corporate citizenship and its onus to protect the rights of its workers.  Corporate Social Responsibility and its ISO 26000 standard, includes Human Rights as a metric for good corporate citizenship.  Well, this vocalic buzz, is indeed positive for workers rights in general as the spotlight and accountability increases in these cases. But the signals we get from the media regarding workers rights is not really all hunky dory. We have had the Foxconn episode, with poor workers conditions in the factories which manufacture Apple products such as the iconic iPhone. ‘Sweatshop’ labor has been the norm in the textile industry since a while, the sports goods industry is not a stranger as well in this discourse on workers protection. From Pakistan to Bangladesh to factories on the Chinese East Coast to Indonesia, workers rights are flouted without any batting of an eye lid.

The reason for the reduction in workers rights and protection has been due to the commodification of labor into  ‘a particular exchange value’, a cog in the ‘value chain’, classic Marx again makes a comeback as an analytic instrument of analysis. The whole paradigm of outsourcing compounds the matter of responsibility of implementation of rights protection and adds layers of complexity in regulatory affairs. Some firms like Nike do not manufacture anything of their own; they outsource everything, different parts of their products are made by different suppliers, and someone else finally assembles the product. How do transnational brands ensure worker safety and fairness? Suppliers competitively bid for contracts often on the lowest value offering; the minimum bid.  The problem,  is the issue of the minimum bid- the minimum is not simply the best for the worker.

Due to globalization, as transnational corporations move to un-chartered territories in search for resources and new markets. Chinese mining firms in Zambia, are facing labor unrest for human rights violations recently according to a Time Magazine online post – http://globalspin.blogs.time.com/2011/11/04/human-rights-watch-reports-abuses-in-chinese-run-mines-in-zambia/?xid=tweetbut

The question which arises here is: Are standards for transnational corporations the same across various jurisdictions- developing and the developed world. Is legal compliance the same in Zambia and London?  The answer is sadly no, the institutional power of the nation state differs from the global south to the industrialized west. Nation States in developing countries are simply powerless in front of multinational corporations because of the sheer wealth and ability of the corporate behemoths. In the light of the limitations presented above in my analysis, it is in fact time, to move beyond the rhetoric and walk the talk regarding Human Rights and to implement the tenants of them, in order to truly treat the human for what the human actually is, beyond the the ‘user value’ determined by the corporation.

 

 

 

Why Globalization has under-delivered

Globalization was the dominant ingredient in the discourse throughout the 1990’s after the fall of the USSR, as people were tasting freedom from decades of repression of the secret services. They opened their arms towards Globalization, as the magic pill; the panacea that the world needed. Then came the wrath of the Chicago School economist led multi-lateral institutions like IMF and World Bank whose reforms drove people into poverty, hunger and deprivation through wild west economic restructuring that brought Russia, the former USSR nations to their knees.  It was the kind of economic shock doctrine which Naomi Klein calls in her book of the same name.  Liberalization of economies has indeed brought in a lot of good but crony capitalism and capital accumulation has also intensified in economies in the developing world such as India. Globalization championed by the spokesman of the Business Media-Tom Friedman, wrote a good PR tool can flattened a very biased discourse, only showing the rosier rhetoric of the paradigm. Economic Globalization has been catastrophic, it has only forwarded the imperialist design of the wealthier west by extending their business might; crushing the weak guy who is now protesting at Occupy movements throughout  to be without a voice and helpless.

Cultural Globalization is the advocacy of a mono-culture. It is annihilating, local cultural ethos in the developing world. Every one knows Friends and Two and a Half Men in Singapore, but how many Americans or Swiss know of Phua Chu Kang or the Heartlands?. Globalization is Orientalism 2.0, and its quasi Americanization at Best. It is the Mc Donalization of Culture.  Glocalization is an oxy moron at best. Apart from Anime which inspired the Matrix, we have RA ONE in India coping Iron Man; dont we have our own culture to commercialize and popularize?

Globalization has its pluses, but its minuses are far more, Globalization has its evangelists but counter culture is hitting back with a vengeance as well.

The Myth of the Knowledge Society

We live in the era where the ‘Empires of the Mind’ dominate the arteries of global commerce. All that mind workers produce, replicate and innovate are cognitive constructs. We are told to get ahead of the curve, develop strategic advantage and all the popular business literature jargon, popularized by business anchors and business gurus like Shiv Khera, Arindam Chaudhuri and their tribe. The most recent addition to the tribe  is Chetan Bhagat.  All the hooplah about ‘meritocracy’ in India about having the brightest go to the best institutions, and the cry against affirmative action has a life of its own.  In 1968, meritocracy started off as a pejorative term, now it is often used phrase in popular discourse by right of centre political organizations globally with a positive spin on it.

Knowledge is a resource which is not freely available. Knowledge is culturally contextualized and embedded in specific discourse. The french philosopher Michel Foucault connected the word Knowledge always with Power as he said that Knowledge creates and sustains power relations. A person who has power would like to replicate it and maintain the status quo. As the French Sociologist  Pierre Bourdieu stated in his theory of the ‘Field’ that there are different capitals that a person possess’s: Cultural, Economic, Social.  Education used to be matter a matter of status and privilege, it has been democratized to an extent in the developing world with the proliferation of private universities. Governments simply cannot catch up, private enterprise steps in to meet the gap. But, is this private sector education providing the right skills for the information economy? Do they have the correct skills to work in a Infosys, Wipro or a Dell back-office, when millions are being de-patterned into thinking the correct way after the abysmally poor technical education, when these IT firms are spending millions in retraining thousands of employees to have the apt skill-set.

People can only go to private schools and elite educations institutions if they are born into the ideal niche, to go the cool public schools, have extra coaching and have music lessons. How many people crack competitive exams in India sans spending a hefty sum on private tutoring? Education of the right skill-set needed for the knowledge economy needs not only Intellectual Capital but Cultural and Economic as well.  I have an equation to illustrate the above.

Knowledge economy Skills = f(Intellectual, Cultural, Economic)

My Habitus is of an Engineer, so if you get engineers to do social theory; there will be influences from the quantitative sciences in my analysis.

In my opinion, knowledge is strength, information is power and there is an opportunity cost associated with it…in order to make it big within the paradigm of the knowledge economy, i am sad to say a degree is simply not enough. Its about having the right stuff at the right time at the right moment; Outliers contribute to our success whether we agree or not. Knowledge is often the ideas of the ruling class as Marx said.  Knowledge fuels power differentials and aggravates class inequalities. Meritocracy is a myth in the developing world. People of a particular strata enter the hallowed temples of Knowledge called Ivy Leagues, IIM’s,  Grande Ecoles etc.  A Knowledge based society cannot be an ethical construct even in an intellectual discourse as it amplifies unethical dimensions in itself.  Lets get our definitions right,  India is not Electronic City Bangalore,  and America is not route 128. Mind workers do not manufacture or produce grains. It can only provide employment to a handful, so what about the 99%?

Global Intefada- A movement for the 99%

‎”The top 1 per cent have the best houses, the best educations, the best doctors, and the best lifestyles, but there is one thing that money doesn’t seem to have bought: an understanding that their fate is bound up with how the other 99 per cent live Throughout history, this is something that the top 1 per cent eventually do learn. Too Late.”-Joseph Stiglitz

The last time the world saw transnationalism in protest movements were during the breakup of USSR (in general the fall of institutionalized communism) and more recently in 2005 during the Orange Revolution in Kiev and in Georgia. The weather from the Arab Spring from Cairo and Tunis seems to have impacted Delhi and New York as well. It again is a confluence of elements all making its presence felt in political mobilization. It is the situational element at play.

It has been really interesting to observe the global scale of movements unprecedented across human history. People are more connected via the internet powered smart phones via social media apps. Photos, videos ans status messages can be updated with a flicker of a tab. The sociological dimensions of this are unprecedented as the notion of sovereignty is diluted although these movements are about reforming existing systems. The context is endemic graft in India to democracy in the Maghreb and people power in Zuccotti Park all reflect, the disillusionment with the status quo and a belief that  it is the people who can initiate a dent in the strong armor of capitalism.  The collusion of the governing elite with the deal street has taken it cognitively away from the inner-cities and main street.  Marx, who died 150 years back presciently predicted that the boom and bust cycles of capitalism lay the seeds of the downfall of this very system.

Occupy Wall Street along with the Tea Party movement on the Right are demonstrative of the inability of Capitol Hill to revolve issues which have exaggerated the  inequality gap to the extreme. Similar copy cat movements to Occupy Street are emerging in Montreal, Boston parts of Europe.  The Anna Hazare Agitation in India was a textbook example of middle class disgruntlement with graft.  The fruits of the event are still not visible, but have rung an alarm in the corridors of power in Delhi.

There is a common ethos to all these movements- they are not about power but about resistance to the injustices that common folk suffer each day against the big guys without any mechanism for economic redressal. Legal measure are expensive and take ages. Politicos are hand in glove with corporate interests almost acting as lobbyists. Its Empire of the Underdog striking back against the 1% which rule their destiny and in peaceful means. Gandhism at its finest.  Let all the workers of the world unite as Marx said is very apt as the underclass are awakening to their plight once again.

Intefada which in Arabic means resistance-uprising usually associated with Gaza and the West Bank is now a global phenomena, and movements are well back into the public sphere, asking for a change, peacefully.

Is it time for Human Rights to be included as a mainstream Sustainability Indicator?

This year’s Nobel Prize for peace was given to three amazing women; two from the West African Nation Liberia and one extraordinarily courageous lady from Yemen, the face of the Arab Spring in the strife hit country, where an extremist was droned a few days back.  There is a common strand, connecting the three women, they come from strife afflicted conflict areas and they advocate the virtues of human rights, development and democracy. This is a stamp of approval for Human rights in a huge way as was the Nobel was for Dr. Yunus for Microfinance.  Human Rights has often been area for Moral Entrepreneurs in the Third Sector- Human Rights Watch and Amnesty International are the big players in this ‘ethical business’. If Environmental Stewardship can be institutionalized through ISO 14001 and there can be sustainable forestry standards, why can’t we ensure corporate stewardship for ethical behavior. Some elements of Sustainability reporting do incorporate social variables in their analysis as corporate social responsibility measures and initiatives. This does not go far enough by any measure.

Human Rights protection is crucial as large global companies are venturing out in to the far flung areas of the globe  to search for raw materials, manufacturing centers and markets.  Most of the mineral rich areas in India are heavily under forest cover and are dominated by indigenous groups (tribals) like the Santhals in states of Odisha, Jharkhand and Chattisgarh. Powerful global mining majors like POSCO, Jindals and the Vedantas have their projects stalled and delayed in this region because of native people movements.  The infamous case of ‘Blood Diamonds’ which was made into a film, which impacted diamond sales internationally gave way to the Kimberley Process for approving ethical, non conflict origin diamonds.

The iconic tech company Apple Inc. has been under the scanner for outsourcing its manufacturing to Foxconn in China, which has been accused for using child labor in manufacturing of their products.  High Street Fashion labels have been maligned too for getting their manufacturing done cheaply in third world sweatshops, and charging a bomb from the consumer.  The Sports Industry is another case in point. The list is endless. Human Rights violations seems to be a byproduct of the cowboy globalization. It is high time that industry reclaims the moral pedestal. Good human rights, make for excellent branding and hence better bottom line. Makes sense isn’t it ?

Social Media and Democracy- transforming citizenry

This is an emerging phenomena in the industrialized and the developing world, that the information highway is getting more decentralized and ‘democratized’ that the common man has more access to diverse streams of data in order to make an informed political choice. Elections come periodically and the official campaigning for the polls have a limited time period but online political campaigns begin away before. Twitter has started official political twitter accounts for the 2012 presidential polls. With the power of smart phones and facebook, twitter at a push of a tab; social media is transforming citizenry in a way not seen in decades.  Online forums like blogs are the platforms for independent commentators and citizen journalists. These are not checked for authenticity of data unlike the Lesbian Blogger in Damascus who eventually turned out to be a Brit guy!  More often than not, blogs are the only source for videos and other content to escape out of repressive regimes like North Korea and Burma or even Southern Thailand.

Arab Spring and how Social Media was used to organize protests from Tunis to Tahrir to Pearl Square is now a legend.  Some commentators like Malcolm Gladwell, have suggest that protest in the late 1980’s against the communists in the Eastern Bloc were aggregated and triggered in the absence of any technology; emphasis of message over medium. Thats a valid argument; but here is the difference- the flood of credible accessible content as a source of digital activism with real world impact is changing a dormant electorate and making it into an active group of people who dynamically influence policy. The Third Sector- the civil society has gained an amplified voice in this context.  As the world is more than ever living in smaller settlements in cities, with access to the information super-highway, legislative pre-process will be more than ever dynamic. The Corporate-Politician Complex Nexus is increasing being exposed with sting journalism and independent documentary film makers getting a platform to upload their films and getting popular virally.

Now the Medium is amending the message to be more popular. Gen Y does not watch TV anymore, or atleast it watches TV on the internet. Its changing citizenry to be a more active part of governing themselves. This change is for the better instead of depending on a cabal of wise men in the executive branch. Better feedback from Civil Society will make for effective socially constructed bottom up policy implementation.  The 2011 Singapore Parliamentary Polls are case in point of a opposition campaign completely dependent on Social Media for publicity and it did work in patches. The Anna Hazare movement was led by a army of social media volunteers, in order to mobilize the middle class (the author of this post did his tiny bit as well to spread the message), It will be interesting to notice how electoral democracy changes in the coming years in the onslaught of social media. The test case will be the 2012 US elections. More updates in this domain will be coming up.

The Return of Left to the Marketplace of Ideas

Recently I have watched two documentaries which have shaken me up; the first one is Micheal Moore’s Capitalism: A Love Story and Shock Doctrine: The Rise of Disaster Capitalism, based on the book of the same name. During the Bush era years, there was a sentiment of absolute belief in the Free Market and a panacea for all ills. In retrospect, that hungho attitude ended with the 2008 recession and we are experiencing a double dip recession with a good probability that a ‘Great Stagnation’ is up ahead. During the Bush 43rd era- it was a perfect time for the Right, favorable allies in the UK, Germany and France along with the post 9/11 sentiment made the french fries  into the freedom fries for sometime. After the boom years of the 1990’s, people were upbeat about the potential of free market capitalism. The program of economic liberalization was on full swing through out the developing world although Russia and Latin America had bared the brunt of Chicago School madness in the past decade.

The left in France was pushed to a corner, things were perfect for the right.  Marxism was passe and had died down in the public narrative over the 1990’s. Since the recession in 2008, as Marx had said that in the Capitalistic system itself; there are seeds of its own destruction with the erroneous cycles of boom and bust. There was a protest sit-down on Wall Street the last week. Unthinkable a decade back.   The french left has good shot at the presidency next year.  Leftist ideas have finally found acceptance in the mainstream. Writers like Umair Haque have penned down aspects depicting why Marx is relevant in today’s context.    No ideology is bad or sacrosanct; ideas are only relevant to the ground on which it is applied and fact is Marx still matters 15o years since his death.