As Europe grovels, Latin America stands up to U.S. lawlessness
Events of the past week have demonstrated that despite occasional grumblings from Europe about U.S. misconduct on the world stage, at the end of the day, it is only Latin America that is willing to take concrete action to challenge the systemic lawlessness of the U.S. government.
Although European leaders were humiliated by the United States when it was revealed by Edward Snowden’s leaks that the NSA has been tapping the telephone lines and computer networks of EU offices in Brussels, New York and Washington — as well as the governments of Germany, France, Greece, Italy and others — Europe largely fell into line in submitting to U.S. dictates regarding Snowden’s asylum requests.
The U.S. spying on diplomatic missions of the EU and individual European nations is a violation of the 1961 Vienna Convention which states that “the official correspondence” as well as “the premises” of diplomatic missions “shall be inviolable.”
The individual’s right to privacy is also enshrined in numerous human rights conventions including in Article 12 of the 1948 Universal Declaration of Human Rights, Article 17 of the International Covenant on Civil and Political Rights 1966, Article 14 of the United Nations Convention on Migrant Workers, and Article 16 of the UN Convention of the Protection of the Child. It is also guaranteed by Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms.
Despite Snowden revealing these U.S. violations of international law on European territory, ten EU countries indicated that they would deny the whistleblower’s political asylum requests, with German Foreign Minister Guido Westerwelle saying that Snowden’s request would be reviewed by German authorities “according to the law,” but he “could not imagine” that it would be approved.
This is despite the bluster displayed by German leaders when the story broke about the NSA snooping into the emails and phone conversations of European nations, including Germany. Angela Merkel, the German chancellor, described the disclosures of massive U.S. spying in Europe as unacceptable.
“We are no longer in the Cold War,” said Merkel’s spokesman, Steffen Seibert. “If it is confirmed that diplomatic representations of the European Union and individual European countries have been spied upon, we will clearly say that bugging friends is unacceptable.”
The French president, François Hollande, also called the spying intolerable.
“We cannot accept this kind of behaviour between partners and allies,” Hollande said. “We ask that this stop immediately.” French Foreign Minister Laurent Fabius said that if confirmed, the activities would be “totally unacceptable”.
Martin Schulz, the president of the European Parliament, said that if the report was correct, it would have a “severe impact” on relations between the EU and the United States.
“On behalf of the European Parliament, I demand full clarification and require further information speedily from the US authorities with regard to these allegations,” he said in a statement.
Luxembourg Foreign Minister Jean Asselborn told Der Spiegel: “If these reports are true, it’s disgusting. The United States would be better off monitoring its secret services rather than its allies. We must get a guarantee from the very highest level now that this stops immediately.”
But when it comes to the tangible actions – rather than just strong words – that are needed to effectively stand up to the United States, European leaders are missing in action. Indeed, when push comes to shove, and these leaders are leaned upon to take unprecedented and legally questionable measures to assist the U.S. in its overzealous manhunt of Edward Snowden, they have largely fallen into line.
For example, when the United States received a tip that Snowden may have been on a plane carrying Bolivian president Evo Morales, who was flying home from a Moscow summit via Western Europe, European governments fell over themselves to do the bidding of the United States, with France, Spain and Portugal all refusing to let Morales’ plane through their airspace.
The plane was forced to land in Austria, where it remained grounded for 14 hours as the authorities determined that Snowden was not on board.
Morales called the rerouting of his plane a violation of national sovereignty and a provocation to all of Latin America, urging European countries to “free themselves” from the undue influence of the United States.
“It is an open provocation to the continent, not only to the president; they use the agent of North American imperialism to scare us and intimidate us,” Morales told supporters gathered at the airport in La Paz to greet him.
“I regret [saying] this, but I want to say that some European countries should free themselves from North American imperialism,” he said.
Venezuela’s president, Nicolas Maduro, criticized European countries’ role in the rerouting of Morales’s plane, describing it as an act of cowardice.
“The European people have seen the cowardice and the weakness of their governments, which now look like colonies of the U.S.,” he said on Friday.
The actions were also likely a violation of international law. Michael Bochenek, director of law and policy at Amnesty International, said that the grounding of Morales’ plane, as well as reports that Vice President Joe Biden had phoned the Ecuadorean leader, Rafael Correa, to block asylum for Snowden, carried serious legal implications.
“Interfering with the right to seek asylum is a serious problem in international law,” Bochenek said. “It is further evidence that he [Snowden] has a well-founded fear of persecution. This will be relevant to any state when considering an application. International law says that somebody who fears persecution should not be returned to that country.”
Unlike the European countries cowering in the face of U.S. power even when they are humiliated and provoked, Latin America responded forcefully to the lawless behavior of the United States.
Following a meeting of Latin American leaders on Thursday, three countries – Bolivia, Venezuela and Nicaragua – stepped forward to indicate that they would accept Snowden as a political refugee fleeing persecution by the United States.
Venezuela’s president Nicolas Maduro cited humanitarian grounds for his decision to help the whistleblower.
“We have decided to offer humanitarian asylum to the American Edward Snowden to protect him from the persecution being unleashed by the world’s most powerful empire,” Maduro said.
For their part, EU politicians have questioned the future of trade talks set to begin this week. The European Commission has officially asked Washington to investigate the allegations while France’s government said that it wanted to delay the start of U.S.-EU trade talks.
A German official has suggested that Europeans stop patronizing American Internet companies such as Google and Facebook if they are concerned about their privacy.