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Improve Pirate Bay founder Peter Sunde’s prison conditions immediately

photo of Stacco Troncoso

Stacco Troncoso
27th July 2014


Improve Pirate Bay founder Peter Sunde's prison conditions immediately

Peter Sunde

Our friend Nadia EL-Imam, from Edgeryders has alerted us to this important campaign. Please read the article below and  add your signature to the petition.


Improve Pirate Bay founder Peter Sunde’s prison conditions immediately

I am suffering tremendously – socially, physically, as well as psychologically – by the shortcomings of [the prison,] Västervik.” ~ Peter Sunde, aka Brokep

Peter is most famous as Brokep, co-founder and spokesperson of the Pirate Bay. But his impact extends far beyond file-sharing. He also worked tirelessly to support creators through the payment system/social site, Flattr, and is bringing encrypted messaging to the masses through the app, Hemlis.

But now he is suffering in the restrictive conditions of Västervik prison, poorly suited to a non-violent offender accused only of “crimes” related to copyright infringement and fighting for a free and open internet. 

Peter requested a transfer to a lower security class prison, specifically Tygelsjö, that would be more appropriate for his situation and would also allow him to be closer to his family, hopefully making his imprisonment more bearable. But weeks later, the Swedish authorities have not made any move to accommodate his request.

Peter has also requested access to food that he can actually eat. Prisons are required by law to provide a diet that respects prisoners’ beliefs, however the prison diet at Västervik is so severely lacking in vegetarian and vegan meals that Peter has lost at least 7 kilos (~15 pounds) in just a few weeks. Healthy vegetables and plant-based meals are a very simple request, but there has been no effort to accommodate his dietary needs. Peter is clearly suffering serious physical and psychological stress because of the lack of nutrition available to him.

This is no way for the prison authorities to treat any person in their care. The excessive restrictions are especially shameful for a non-violent offender like Peter Sunde. The Swedish Ministry of Justice, which oversees the Prison and Probation services, must act immediately to lift the disgraceful conditions he is being kept in and to relieve his suffering by:

  1. Transferring him to a lower class prison and
  2. Providing sufficient nutrition for a plant-based diet.


More information, descriptions of prison conditions, and Peter’s request for transfer:
https://www.aftonbladet.se/debatt/article19207648.ab (Swedish)
http://torrentfreak.com/losing-weight-pirate-bay-founder-requests-security-downgrade-140703/

And more on Peter’s other projects:
Hemlis – https://heml.is/

Flattr – https://flattr.com/

Photo Credit: Simon Klose

Click here to sign the petition

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Posted in Activism, Anti-P2P, Campaigns, Copyright/IP, Culture & Ideas, Empire, Events, Open Calls, Politics, Sharing | No Comments »

Enric Duran on shared and disobedient crowdfunding platform networks

photo of Stacco Troncoso

Stacco Troncoso
25th July 2014


We’ve recently featured Coopfunding, an Open-Sourced crowdfunding platform designed to “…promote the financing of projects with a social, self managed and cooperative nature.”  Today we present a guest article by Enric Duran, one of the developers behind Coopfunding and its parent-project, the Catalan Integral Cooperative, explaining the reasons that led to the creation of Coopfunding. This article was originally published in Radi.MS


The expansion of crowdfunding in the last few years has been quite vertiginous.

Hundreds of projects have been able to get off the ground around the world coming from very different backgrounds but united in the aim of creating a link between donors and the projects they sponsor.

Crowdfunding, for its practicality and usefulness, has expanded without any ideological limitation and while it served to finance many social projects it has also supported more conventional initiatives based on consumerism and business as meant in the capitalist system.

In this way, more traditional fund raising events like benefit gigs and have been overlooked, and we should take in to account that with the crowdfunding model we are at risk of leaving the financing of social initiative in the hands of unscrupulous business which, through the management of crowdfunding platforms, are making the same profit that any middle man would make in an ordinary business transaction, through the charge of commissions which range between 5% and 10% of the donations received. Crowdfunding platforms like Kickstarter and Indygogo have already made profits in the millions region.

we are at risk of leaving the financing of social initiative in the hands of third party business

Also, there are several projects which are managed by cooperatives which nevertheless still charge a 5% fee on donations in order to support themselves, like Goteo.org, managed on mainland Spain by a foundation dedicated to the expansion of common good, funditaly.it, a recent cooperative project and also a foundation in Veezuela calledwww.causasolidaria.com.

Another interesting project, which promotes the decentralization of its supporter, is Awesome Foundation, where donors from all over the world can network by theme or territory, pool their savings together and choose a project to which donate $1000 every month. Although it isn’t a micro-financing platform, it is still a project without intermediaries.

Still, there are some projects around the world that avoid supporting themselves through fee charging, like for instancehttp://www.microgenius.org.uk/, managed as a public service by http://www.communityshares.org.uk/ with the aim of facilitating the selling of shares in cooperative projects. Also without commission are Mymoneyhelp.fr, born in Lille, which is financed by social enterprise sponsoring and http://crowdfunding-italia.com, which is operating through voluntary work.

The majority of platforms impose an “all or nothing” clause with a limited term of not many days to accomplish the target

Another obstacle is that the majority of platforms impose an “all or nothing” clause with a limited term of not many days to accomplish the target (40 days is the usual). It’s a mechanism which benefits the intermediaries, since generally it is asked that promoters use their own funds or funds they had already secured through other means to start the campaign, of which they will have to loose the 5% commission fee in order to reach their target and secure the donations.

Furthermore, it seems to benefit the donors by guaranteeing the success of the projects they sponsor, whilst, in a sort of paternalistic way, denying them the choice to fund the projects regardless of it success in reaching the target.

Probably this does not affect the projects which have a strong human capital and who are well connected to social networks, since they will be able to fulfill the terms imposed, but this dynamic definitely puts smaller projects at a disadvantage, since they may not have the capacity to mobilize support in such a short amount of time. In this way then, a sort of social darwinism is created, where only the strong projects are likely to succeed, where as the smaller ones are lost on the way to oblivion. Evidently, this competitive and pressure are typical of the system in which we live, and not of the one most social movements are trying to create.

The fact is that a lot of projects which may need self financing can survive whether they reach their target or not, since that’s always been the case: many self managed projects have survived through the determination and creativity of their promoters. Many projects then, may need to receive on going financial support, or at particular times of the year, something that platforms such as crowdfunding do not take in to account.

Coopfunding.net re invents the concept of crowdfunding and adapts it to the real needs of the social projects that make use of it.

For this reason, it is necessary that we re invent the concept of crowdfunding and adapt it to the real needs of the social projects that make use of it. This is what the project coopfunding.net is trying to do, having become operative after many months of gestation.

Some of you may remember that Coopfunding already had a pilot appearance in the Spring of 20013, when a crowdfunding platform decided to cut our campaign due to the legal risks that it might have posed.

The campaign was collecting funds in order that Radi, which is not in operation at radi.ms, could become an alternative communication media through which we could still organize our activities despite my forced clandestineness since 2013.

This then, is another thing to bear in mind. 99% of crowdfunding platforms abide by the rules chosen by the 1% of the population, within the legal boundaries decided by different countries. Therefore, if we want to enjoy a crowdfunding platform which is coherent with the principles of projects which propose disobedience and revolution, we have to build one ourselves since we cannot depend on those which, despite their best intentions, are still bound by the legality of their policies.

http://www.coopfunding.net/wp-content/uploads/2014/06/coopfundingBarra.jpg

Coopfunding is a crowdfunding platform, newly released, without commissions or mediation, where each project can choose their terms according to their needs. With or without dedlines, rewards, with total flexibility and with the objective of being a tool for supporting social change projects.

The financial sustainability of the project is envisaged to be relying on the donations of social activists, through varied payment options and through the inclusion of local currencies, barter and criptomoney, whatever each project decides.

Coopfunding is a cooperative project open to the participation of whoever may want to contribute to make it possible, within a framework of disobedience towards the current system and a vision of integrated revolution. Furthermore, Coopfunding is a shared ownership projects, since it relies ultimately on the open consensus process of the Cooperativa Integral Catalana.

The tools which we use to access such support should be shared and communal too

I think it is important that, if we want a society where the tools we need are shared and communal, we might as well start with the ones where we can already apply this principle. Since financial support is a key factor in the success of many projects who are building alternatives, the tools which we use to access such support should be shared and communal too.

It would be very interesting if we could create a network of cooperative initiatives so that they may collaborate and support each other and gain public visibility, something very important in order to reach all the people that are necessary to have an effective fund raising campaign.

We are hoping and wishing that soon many other projects of this nature will spring up around the world, if you know of any please share the information!

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Posted in Activism, Campaigns, Collective Intelligence, Commons, Cooperatives, Crowdfunding, Economy and Business, Ethical Economy, Featured Content, Featured Essay, Guest Post, Open Models, P2P Collaboration, P2P Foundation, Politics, Sharing | No Comments »

Podcast of the Day: Simona Levi on the Anti-Party Aspects of Partido X

photo of Stacco Troncoso

Stacco Troncoso
18th July 2014


This interview precedes the EU elections last May, but it still makes for very interesting listening.
 

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Posted in Activism, Collective Intelligence, Featured Content, Featured Podcast, Media, Networks, Open Government, Open Innovation, Open Models, P2P Public Policy, Podcasts, Politics | No Comments »

Save the Teatro Valle Commons in Rome!

photo of David Bollier

David Bollier
14th July 2014


The three-year occupation of Teatro Valle in Rome is now legendary:  a spontaneous response to the failures of conventional government in supporting a venerated public theater, and the conversion of the theater into a commons by countless ordinary citizens.  Now the mayor of Rome is threatening to end the occupation, evict the commoners and privatize the management of the facility.

It’s time for the international community of commoners to take a public stand against this very real threat. The mayor has summoned Italian law scholar Ugo Mattei to meet with him on Monday to negotiate a resolution. In advance of that meeting, Mattei and Salvatore Settis, President of the Advisory Board of the Louvre Museum in Paris, have prepared an international petition calling on the mayor to back away from his proposal and to allow this historic experiment in commoning to continue.

Below is a copy of the petition.  You can express your support by sending you name and affiliation to Ugo Mattei at matteiu /at/ uchastings.edu.

A number of human rights scholars around the world are keenly interested in Teatro Valle.  Noted human rights scholar Anna Grear alerted the Global Network for the Study of Human Rights and Environment that “the attempted denial of popular ‘ownership’ of ‘place’ is fundamental to the cultural and material enclosures enacted by privatising and controlling agendas.”  She added that “closing down an important, even iconic, example of a fundamentally vernacular, community-based engagement with place (a vibrant, evocative commons) is entirely consistent with the deeper logic visible in moves such as the attempt to control the world seed supplies and breeds, to extend the corporatisation of the social spheres, to privatise urban space in ways that shut ordinary human beings out of them in central and important respects.”

For more on the backstory of Teatro Valle, here is a previous blog post on the occupation from February 2013.  Below is the petition now circulating.  Sign it!

The commons “Italian Style” must continue their experimentation! An International call to protect the Teatro Valle Foundation from Eviction.

Since June 14 2011, a community of artists and militants has transformed the Teatro Valle, the oldest and most prestigious in Rome, then at high risk of privatization, into the “Teatro Valle Occupato,” one of the most advanced experiments of merger between political struggle and performing arts in the current world. A trust-like legal entity, the “Fondazione Teatro Valle Bene Comune,” was created in the interest of future generations, with a membership of almost 6,000 people by a genuinely new process of cooperation between some well-known jurists and the Assembly of the occupants. While a notary has recognized the Foundation, the Prefect of Rome has denied its moral personality on the assumption that possession was not a sufficient title on the Valle premises.

Nevertheless, in three years the occupation, though formally never authorized, has succeeded in becoming a new institution of the commons, studied by scholars worldwide and the object of many publications. Because no authority in Rome has ever asked the occupants to leave and the municipality has paid the energy bill (roughly 90,000 Euros per year), it would be difficult to deny that the occupation was largely tolerated (even by the previous post-fascist major). Certainly the occupants have taken very good care of the ancient Theater, including paying for small renovations, and have  generated three years of exceptionally interesting shows, performances, meeting, educational programs that the population could attend on the basis of a donation system according to the possibilities of each one. The Valle experience has also inspired similar actions to protect theaters and public spaces through Italy; it is promoting a nation-wide experiment of codification of commons institutions involving some twenty of the leading academic lawyers in Italy; it has produced its own shows performed Europe-wide and has attracted to the Valle some of the best-known artists and intellectuals in Europe.

The European Cultural Foundation, among others has granted the prestigious Princess Margritt Award to the Teatro Valle and the ZKM of Karsrhue has devoted to that experience a stand in a recent major International exhibition on social movements worldwide.

After the European Elections last May, possibly as a consequence of an ill-conceived legalistic stance by the new Government, early negotiations to settle the dispute concerning the title to the Theater have been suddenly terminated as the Assessor of Rome responsible for culture in Rome has been removed and not replaced. As a reply to the Foundation request to resume negotiations, the new major of Rome, a member of the ruling Democratic Party and a well-known academic doctor, has released two days ago a statement asking the occupants to leave, threatening police intervention and proposing a public auction to privatize the management of the space.

This cannot happen! The city of Rome, as a cultural center of the world deserves a better solution to the Valle issue. We strongly plea the Italian political authorities to look for a method which facilitates rather than repressing institutional and cultural experiments to run the commons.

Ugo Mattei, Professor, The University of California, Hastings and Università di Torino.

Salvatore Settis, President of the Advisory Board of the Louvre Museum, Paris.

Please sign this international petition with affiliation.


Originally posted at bollier.org

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Posted in Activism, Anti-P2P, Campaigns, Cognitive Capitalism, Commons, Culture & Ideas, Economy and Business, Empire, Original Content, P2P Foundation, Politics | No Comments »

From Spain’s 15-M Movement: The Charter for Democracy

photo of David Bollier

David Bollier
7th July 2014


Stacco Troncoso and his colleagues at Guerrilla Translation, in Madrid, have completed an English translation of an important statement from Spain, “The Charter for Democracy,” which should be of great interest to small-d democrats throughout the world. He explains that “the group behind the piece, “Movimiento por la Democracia” (Movement for Democracy) is undoubtedly one of the most important evolutions of Spain’s 15-M movement.  It clearly targets the political arena without desiring to become a political party itself. Their ‘Charter for Democracy’ is an inspiring, thorough text on what politics should be. It proposes a politics for the people: squarely grounded in environmental realities and social justice, based on the Commons, defended from corporate interests and neoliberal dictates.” 

The Movement for Democracy introduces itself this way:

“We emerged during the destruction of an economic and political model that, by its decadence, makes us poorer, excludes us, and exiles us from our own cities and towns…we are here to take democracy into our own hands, to defend against the constant threat of its systematic robbery…we are the Movement for Democracy and we came into being to say, “Yes we can!” a thousand times and more. And as we hold this to be true, that weactually can, we will challenge whoever tells us it’s impossible.”

The Charter for Democracy is “a thoroughly detailed plan for the transformation of public policy and democratic representation, open for public challenge and participation,” said Troncoso, whose network of translators acted as “compilers and editors of a volunteer group-produced work” in making the English translation.  A hearty thanks to translators Jaron Rowan, Jaime Palomera, Lucía Lara, Lotta, Diego and Stacco Troncoso, with editing by Jane Loes Lipton. I love that the Charter is illustrated with some beautiful original illustrations by Clismón, one of which I include here.

Here are the opening paragraphs of this inspiring document:

This Charter was born of a deep malaise: lack of prospects, mass unemployment, cuts in social rights and benefits, evictions, political and financial corruption, dismantling of public services. It was drafted in reaction to the social majority’s growing lack of confidence in the promises of a political system devoid of legitimacy and the ability to listen.

The two-party system, widespread corruption, the financial dictatorship imposed by austerity policies and the destruction of public goods have dealt the final blow to a democracy long suffering from its own limits. These limits were already present in the 1978 Constitution. They can be summarized as a political framework that neither protects society from the concentration of power in the hands of the financial groups, nor from the consolidation of a non-representative political class. This political framework has established a system which is hardly open to citizen participation, and unable to construct a new system of collective rights for our protection and common development. This is evident in the fact that, despite some very significant public demonstrations, the demands of the vast majority of the population have repeatedly been ignored.

Faced with this institutional stonewalling and the growing separation between the rulers and the ruled, it seems there’s only one way out: a deep expansion of democracy based on citizen control over political and economic power. Surely, since what’s left of democracy is constantly shrinking and attempts at internal reform would only mean repeating the same mistakes, we must take a chance on changing the rules of the game – a democratic change, geared toward returning to society the effective decision-making ability over all which concerns it.

Chaos and dictatorship are not the only alternatives to the current democracy. A democracy created among all people is possible – a democracy not reduced to merely voting, but founded on participation, citizen control and equal rights.

This Charter emerged from the desire to contribute to this process of democratization. In this sense, it contributes from a place of joy, from the energy of citizen mobilizations, from politics happening outside political parties, speaking in first person plural and trying to build a life worth living for everyone. No doubt the impetus is democracy itself. People have the ability to invent other forms of governing themselves and living together. This text was created with the assurance that today’s struggles are the basis of the coming democracy.

In essence, this Charter calls for opening a new process of debate, leading to a political and economic restructuring to guarantee life, dignity and democracy. It’s presented here as a contribution towards establishing a new social contract, a process of democratic reform in which the people — the “anyones”— are the true protagonists.

It’s time for the citizens to appropriate public institutions and resources, in order to ensure their defense, control and fair distribution. In the public squares and networks, we’ve learned something simple and conclusive which will forever change our way of being in the world. We’ve learned that yes, we can.

You can read the whole Charter here. May it help bring into great focus and collaboration the many forces struggling to bring about democratic renewal.


Originally published at bollier.org

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Posted in Activism, Collective Intelligence, Commons, Culture & Ideas, Economy and Business, Ethical Economy, Open Models, Original Content, P2P Collaboration, P2P Development, P2P Foundation, Politics | 1 Comment »

Facebook, Google and the little people…. by @PaulbernalUK

photo of Kevin Flanagan

Kevin Flanagan
6th July 2014


http://europe-v-facebook.org

http://europe-v-facebook.org

Original Article by Paul Bernal

This last week has emphasised the sheer power and influence of the internet giants – Facebook and Google in particular.

The Facebook Experiment

First we had the furore over the so-called ‘Facebook Experiment’ – the revelation that Facebook had undertaken an exercise in ‘emotional contagion’, effectively trying to manipulate the emotions of nearly 700,000 of its users without their consent, knowledge or understanding. There were many issues surrounding it (some of which I’ve written about here) starting with the ethics of the study itself, but the most important thing to understand is that the experiment succeeded, albeit not very dramatically. That is, by manipulating people’s news feeds, Facebook found that they were able to manipulate peoples emotions. However you look at the ethics of this, that’s a significant amount of power.

Google and the Right to be Forgotten

Then we’ve had the excitement over Google’s ‘clumsy’ implementation of the ECJ ruling in the Google Spain case. I’ve speculated before about Google’s motivations in implementing the ruling so messily, but regardless of their motivations the story should have reminded us of the immense power that Google have over how we use the internet. This power is demonstrated in a number of ways. Firstly, in the importance we place in whether a story can be found through Google – those who talk about the Google Spain ruling being tantamount to censorship are implicitly recognising the critical role that Google plays and hence the immense power that they wield. Secondly, it has demonstrated Google’s power in that, ultimately, how Google decides to interpret and implement the ruling of the court is what decides whether we can or cannot find a story. Thirdly, the way that Google seems to be able to drive the media agenda has been apparent: it sometimes seems as though people in the media are dancing to Google’s tune.

Further, though the early figures for takedown requests under the right to be forgotten sound large – 240,000 since the Google Spain ruling – the number of requests they deal with based on copyright is far higher: 42,324,954 since the decision. Right to be forgotten requests are only 0.5% of those under copyright. Google deals with these requests without the fanfare of the right to be forgotten – and apart from a few internet freedom advocates, very few people seem to even notice. Google has that much control, and their decisions have a huge impact upon us.

Giants vs. Little People

Though the two issues seem to have very little in common, they both reflect the huge power that the internet giants have over ordinary people. It is very hard for ordinary people to fight for their rights – for little people to be able to face up to giants. Little people, therefore, have to do two things: use every tool they can in the fight for their rights, and support each other when that support is needed. When the little people work together, they can punch above their weight. One of the best ways for this to happen, is through civil society organisations. All around the world, civil society organisations make a real difference – from the Open Rights Group and Privacy International in the UK to EDRi in Europe and the EFF in the US. One of the very best of these groups – and one that punches the most above its weight, has been Digital Rights Ireland. They played a critical role in one of the most important legal ‘wins’ for privacy in recent years: the effective defeat of the Data Retention Directive, one of the legal justifications for mass surveillance. They’re a small organisation, but one with expertise and a willingness to take on the giants. Given that so many of those giants – including Facebook – are officially based in Ireland, Digital Rights Ireland are especially important.

Europe vs. Facebook

There is one particular conflict between the little people and the giants that is currently in flux: the ongoing legal fight between campaigner Max Schrems and Facebook. Schrems, who is behind the ‘Europe vs. Facebook’ campaign,  has done brilliantly so far, but his case appears to be at risk. After what looked like an excellent result – the referral by the Irish High Court to the ECJ of his case against Facebook (which relates to the vulnerability of Facebook data to US surveillance via the PRISM program) – Schrems is reported as considering abandoning his case, as the possible costs might bankrupt him if things go badly.

This would be a real disaster – and not just for Schrems. This case really matters in a lot of ways. The internet giants need to know that we little people can take them on: if costs can put us off, the giants will be able to use their huge financial muscle to win every time. It’s a pivotal case – for all of us. For Europeans, it matters in protecting our data from US surveillance. For non Europeans it matters, because it challenges the US giants at a critical point – we all need them to fight against US surveillance, and they’ll only really do that wholeheartedly if it matters to their bottom line. This case could seriously hit Facebook’s bottom line – so if they lost, they’d have to do something to protect their data from US surveillance. They wouldn’t just do that for European Facebook users, they’d do it for all.

Referral to the ECJ is critical, not just because it might give a chance to win, but because (as I’ve blogged before) recently the ECJ has shown more engagement with technological issues and more willingness to rule in favour of privacy – as in the aforementioned invalidation of the Data Retention Directive and in the contentious ruling in Google Spain. We little people need to take advantage of those times when the momentum is on our side – and right now, at least in some ways, the momentum seems to be with us in the eyes of the ECJ.

So what can be done to help Schrems? Well, the first thing I would suggest to Max is to involve Digital Rights Ireland. They could really help him – and I understand that they’ve been seeking an amicus brief in the case. They’re good at this kind of thing, and they and other organizations in Europe have experience in raising the funds for this type of case. Max has done brilliant work, but where ‘little people’ have to face up to giants, they’re much better off not fighting alone.

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Posted in Activism, Campaigns, Featured Movement | No Comments »

Why Climate Destruction Is Illegal

photo of Michel Bauwens

Michel Bauwens
4th July 2014


Excerpted from Jeremy Brecher:

“The Justinian Code, issued by the Roman Emperor in 535 A.D., defined the concept of res communes (common things): “By the law of nature these things are common to mankind — the air, running water, the sea and consequently the shores of the sea.” The right of fishing in the sea from the shore “belongs to all men.”

Based on the Justinian Code’s protection of res communes, governments around the world have long served as trustees for rights held in common by the people. In U.S. law this role is defined by the public trust doctrine, under which the government serves as public trustee on behalf of present and future generations. Even if the state holds title, the public is the “beneficial owner.” As trustee, the state has a “fiduciary duty” to the owner — a legal duty to act solely in the owners’ interest with “the highest duty of care.” The principle is recognized today in both common law and civil law systems in countries ranging from South Africa to the Philippines and from the United States to India.

On Mother’s Day, 2011, the youth organization Kids vs. Global Warming organized the “iMatter March” of young people in 160 communities in 45 countries, including the United States, Russia, Brazil, New Zealand, and Great Britain. Concurrently, the Atmospheric Trust Litigation Project brought suits and petitions on behalf of young people in all 50 U.S. states to require the federal and state governments to fulfill their obligation to protect the atmosphere as a common property. Speaking to one of the rallies, 16-year-old Alec Loorz, founder of Kids v. Global Warming and lead plaintiff in the Federal lawsuit, said:

Today, I and other fellow young people are suing the government, for handing over our future to unjust fossil fuel industries, and ignoring the right of our children to inherit the planet that has sustained all of civilization. The government has a legal responsibility to protect the future for our children. So we are demanding that they recognize the atmosphere as a commons that needs to be preserved, and commit to a plan to reduce emissions to a safe level.

Loorz concluded: “The plaintiffs and petitioners on all the cases are young people. We are standing up for our future.”

A trustee has “an active duty of vigilance to ‘prevent decay or waste’ to the asset,” according to University of Oregon law professor Mary Christina Wood, whose new book Nature’s Trust: Environmental Law for a New Age lays out the legal basis for the suits. “Waste” means “permanently damage.” If the asset is wasted in the interest of one generation of beneficiaries over future generations, it is in effect an act of “generational theft.”

Although so far the courts have turned down most of these atmospheric public trust suits, the decisions are being appealed. On October 3, 2013, the Supreme Court of Alaska became the first state supreme court to hear such an appeal.

A global climate insurgency

Compelling as the logic of the atmospheric public trust argument may be, it is easy to imagine that many U.S. courts will refuse to force governments to meet such obligations. In a brief to dismiss the Kansas suit, lawyers called the claim “a child’s wish for a better world,” which is not something a court can do much about.

The sad fact is that virtually all the governments on earth — and their legal systems — are deeply corrupted by the very forces that gain from destroying the global commons. They exercise illegitimate power without regard to their obligations to those they claim to represent, let alone to the common rights beneficiaries of other lands and future generations to whom they also owe “the highest duty of care.”

But protecting the atmosphere is not just a matter for governments. Indeed, it is the failure of governments to protect the public trust that is currently prompting the climate-protection movement to turn to mass civil disobedience. Looked at from the perspective of the public trust doctrine, these actions are far from lawless. Indeed, they embody the effort of people around the world to assert their right and responsibility to protect the public trust. They represent people stepping in to provide law enforcement where corrupt and illegitimate governments have failed to meet their responsibility to do so.

When the climate protection movement uses nonviolent direct action to protect the public trust, it is often confronted by government officials acting under color of law to perpetuate climate destruction. The Arctic 30 were held at gunpoint, for example, and charged with piracy. Russian Prime Minister Dmitry Medvedev said, “Concern for the environment must not cover up unlawful actions.” A law-enforcing climate insurgency will answer: Concern for oil company profits must not cover up unlawful government complicity in destroying the atmospheric public trust.”

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Posted in Activism, P2P Ecology, P2P Legal Dev. | No Comments »

The Former CIA Spy Who Discovered the Commons

photo of David Bollier

David Bollier
3rd July 2014


Robert David Steele

A few weeks ago, The Guardian ran a profile of Robert David Steele, a former CIA spy who discovered the commons more than two decades ago and never looked back. Steele, a former U.S. Marine and CIA case officer who spent 18 years in US intelligence, is now, improbably, a vigorous advocate of “open source everything” – the title of his latest book. He brings the zeal of a convert to the mission of promoting the commons and open-source alternatives of every stripe.

As The Guardian’s Nafeez Ahmed writes, Steele discovered the virtues of open source software in the early 1990s and quickly began proselytizing the “Open Source Intelligence” paradigm to US military and intelligence sources and to US allies in dozens of countries. Steele saw (and sees) open source knowledge as the key to discovering the truth, assuring social legitimacy and moving ahead intelligently:

“Sharing, not secrecy, is the means by which we realise such a lofty destiny as well as create infinite wealth. The wealth of networks, the wealth of knowledge, revolutionary wealth — all can create a nonzero win-win Earth that works for one hundred percent of humanity. This is the ‘utopia’ that Buckminster Fuller foresaw, now within our reach.”

Suffice it to say, the CIA and its intelligence peers were not persuaded by such views, notwithstanding its embrace in 2005 of its collaborative intelligence version of Wikipedia, Intellipedia. Open source everything is another matter, apparently, because of the democratic accountability it would require.

I don’t know Steele, but I’ve seen his videos and dipped into his writings, and he seems to bring a deep intelligence and big-picture perspective to analyzing our global and civilizational problems. His self-stated goal is to hasten “the transition from top-down secret command and control to a world of bottom-up, consensual, collective decision-making as a means to solve the major crises facing our world today.” That’s a description from his book, The Open-Source Everything Manifesto: Transparency, Truth and Trust.

Steele is a prolific reviewer of books for Amazon, which may explain why he pestered me several times, as a stranger out of the blue, to re-post on Amazon my positive blog post about historian Peter Linebaugh’s book on the commons and enclosures, Stop, Thief! I did. That’s the kind of energy and zeal that Steele brings to his mission of promoting commons-based solutions in all their variety.

In the words of The Guardian’s Ahmed, Steele provides “an interdisciplinary ‘whole systems’ approach [that] dramatically connects up the increasing corruption, inefficiency and unaccountability of the intelligence system and its political and financial masters with escalating inequalities and environmental crises.”

Ahmed called Steele’s book “a pragmatic roadmap to a new civilisational paradigm that simultaneously offers a trenchant, unrelenting critique of the prevailing global order. His interdisciplinary ‘whole systems’ approach dramatically connects up the increasing corruption, inefficiency and unaccountability of the intelligence system and its political and financial masters with escalating inequalities and environmental crises.”

Steele continues:

“We are at the end of a five-thousand-year-plus historical process during which human society grew in scale while it abandoned the early indigenous wisdom councils and communal decision-making. Power was centralised in the hands of increasingly specialised ‘elites’ and ‘experts’ who not only failed to achieve all they promised but used secrecy and the control of information to deceive the public into allowing them to retain power over community resources that they ultimately looted.”

Today’s capitalism, he tells Ahmed, is inherently predatory and destructive:

“Over the course of the last centuries, the commons was fenced, and everything from agriculture to water was commoditised without regard to the true cost in non-renewable resources. Human beings, who had spent centuries evolving away from slavery, were re-commoditised by the Industrial Era.

“For Steele, the open source revolution is inevitable, simply because the demise of the system presided over by the 1% cannot be stopped – and because the alternatives to reclaiming the commons are too dismal to contemplate. We have no choice but to step up.

“My motto, a play on the CIA motto that is disgraced every day, is ‘the truth at any cost lowers all other costs’”, he tells me [Ahmed]. “Others wiser than I have pointed out that nature bats last. We are at the end of an era in which lies can be used to steal from the public and the commons. We are at the beginning of an era in which truth in public service can restore us all to a state of grace.”

A remarkable story of a singular advocate. Here is a YouTube video of a recent presentation by Steele.


Originally published at bollier.org and featuring additional commentary by Steele.

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Posted in Activism, Anti-P2P, Commons, Culture & Ideas, Economy and Business, Empire, Media, Open Access, Open Content, Open Models, Original Content, P2P Collaboration, P2P Foundation, Politics | No Comments »

A Charter for Democracy

photo of Stacco Troncoso

Stacco Troncoso
2nd July 2014


Here’s a very special treat. Originally published on Guerrilla Translation, Movimiento por la Democracia´s “Charter for Democracy” stands out as premier example of citizen-led solution making to the various crises we face. It is a constitution for the commons written by commons.

We plan to break this into sections eventually, but if you’re ready for a long and thorough look at what is quite possibly the most creative proposal produced in post-15M  Spain, you won’t be disappointed.


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Movimiento por la Democracia

Whatever happened to the 15-M Movement? Where did Occupy go? Three years after the groundbreaking revolutionary ruptures of 2011, violent repression and media invisibility have relegated these thriving movements to a grey area. The perception seems to shift between mainstream derision and niche-group interest. Occupy’s roots have spread out and sprouted a multitude of initiatives, though perhaps the source inspiration is not always publicly recognized. But in Spain, the popular experience of austerity – the murderous palliative prescribed as a cure for the crisis – and the resulting political movements in reaction have been giving the lie to the mainstream narrative that 15-M is a “has been”.

The movement undeniably lives. Its form has been mutated, re-imagined, distributed, and coalesced into a swarm of activity and hacks to the system. We live here, we see it every day. These initiatives are not as easily seen, defined – or, for that matter, targeted – as a physical occupation may be; yet they permeate the hegemony, creating new possibilities and spaces. You need only look at the recent EU Parliamentary election results to see how Spanish voters have reacted to austerity and debt – and how that reaction contrasted strongly with that of some other European nations. One of the most important evolutions of 15-M is undoubtedly the “Movimiento por la Democracia” (Movement for Democracy).

Unsurprisingly, the Movement is hard to define. It clearly targets the political arena without desiring to become a political party itself. Their “Charter for Democracy” is an inspiring, thorough text on what politics should be. It proposes a politics for the people: squarely grounded in environmental realities and social justice, based on the Commons, defended from corporate interests and neo-liberal dictates. The Charter was written collectively through nearly 30 different workshops throughout Spain held over the span of a year, with the collaboration of some 200 individuals.

As Movimiento por la Democracia expresses, “It isn’t finished. We don’t want it to be finished; we want it to be a living document, in a constant state of discussion and production. We think it’s a good summary of the main demands the citizenry has put on the table over the last few years – our needs and desires. Now we need your help. The Charter can only make sense when shared widely, so it can stir extensive debate. If you find it interesting, we ask you to share it on Social Media, send it by email or get it into people’s hands in a thousand different ways. We ask you to comment on it, debate it, refute and if you like it, make it yours”.

To that end, we’re proud to present the Charter for Democracy in English for the first time, complete with its beautiful original illustrations by Clismón. Our role in this translation was something like post-production. We took the time to bring it together, polish and clarify it, to do service to the volunteer labor that went into the translation (see below for full credits). It’s serious reading, and essential reading for anyone passionate about true democracy and commons-based governance. As they say, please read it and, if you want to, make it yours.

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A CHARTER FOR DEMOCRACY

This Charter was born of a deep malaise: lack of prospects, mass unemployment, cuts in social rights and benefits, evictions, political and financial corruption, dismantling of public services. It was drafted in reaction to the social majority’s growing lack of confidence in the promises of a political system devoid of legitimacy and the ability to listen.

The two-party system, widespread corruption, the financial dictatorship imposed by austerity policies and the destruction of public goods have dealt the final blow to a democracy long suffering from its own limits. These limits were already present in the 1978 Constitution. They can be summarized as a political framework that neither protects society from the concentration of power in the hands of the financial groups, nor from the consolidation of a non-representative political class. This political framework has established a system which is hardly open to citizen participation, and unable to construct a new system of collective rights for our protection and common development. This is evident in the fact that, despite some very significant public demonstrations, the demands of the vast majority of the population have repeatedly been ignored.

Faced with this institutional stonewalling and the growing separation between the rulers and the ruled, it seems there’s only one way out: a deep expansion of democracy based on citizen control over political and economic power. Surely, since what’s left of democracy is constantly shrinking and attempts at internal reform would only mean repeating the same mistakes, we must take a chance on changing the rules of the game – a democratic change, geared toward returning to society the effective decision-making ability over all which concerns it.

Chaos and dictatorship are not the only alternatives to the current democracy. A democracy created among all people is possible – a democracy not reduced to merely voting, but founded on participation, citizen control and equal rights.

This Charter emerged from the desire to contribute to this process of democratization. In this sense, it contributes from a place of joy, from the energy of citizen mobilizations, from politics happening outside political parties, speaking in first person plural and trying to build a life worth living for everyone. No doubt the impetus is democracy itself. People have the ability to invent other forms of governing themselves and living together. This text was created with the assurance that today’s struggles are the basis of the coming democracy.

As this is a proposal of democratization, this Charter is presented as an unfinished, long-term construction project, openly inviting anyone to participate. This charter isn’t meant to be a political program or an exhaustive catalogue of rights, nor does it pretend to be a static State model. Given our investment in democratization, it simply points towards the basic, necessary elements needed to reconstruct a new institutional model that is open to the collective needs, proposals and capacity for self-governance that has recently found its voice throughout streets, squares and networks. Seen this way, the participative, deliberative process we yearn for matters as much as its content, which should always be a faithful reflection of the proposals and aspirations of the citizenry.

In essence, this Charter calls for opening a new process of debate, leading to a political and economic restructuring to guarantee life, dignity and democracy. It’s presented here as a contribution towards establishing a new social contract, a process of democratic reform in which the people — the “anyones”— are the true protagonists.

It’s time for the citizens to appropriate public institutions and resources, in order to ensure their defense, control and fair distribution. In the public squares and networks, we’ve learned something simple and conclusive which will forever change our way of being in the world. We’ve learned that yes, we can.

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Rights and Guarantees

A democracy worthy of the name requires universal recognition of a wide constellation of rights related to all areas of public life and social reproduction. The decline in access to benefits and social services, the plundering by the financial dictatorship, and the dismantling of public welfare systems by austerity policies in recent decades have all significantly undermined the means of effectively exercising these rights. Similarly, access to many of these rights is conditional upon nationality and employment status, which has ended up producing major exclusion. Moreover, the subordinate nature of social rights in the current Constitution has not allowed sufficient development of certain fundamental issues such as housing, employment and income.

In short, both the inherent limits of the current system and the impotence of the Spanish political regime in protecting the most basic of rights are strong enough reasons for the creation of a new institutional system of rights and guarantees that enable caring, the development of our lives, and access to political life.

This Charter puts forward a common starting point for defining a new system of rights. Today, these rights have arisen from the demands and struggles of society itself, and expressed through its multiple forms of organization and participation; as such they are the highest expression of the act of democracy.

These rights redefine social relations, the production and distribution of wealth, and relations between nation-states according to a concept of the human being as a subject with the right to autonomy, but still in deep interdependence with the common space s/he inhabits. To this extent, these rights oppose being characterized as merely individual attributions. These rights must be recognized from both a universal as well as a singular dimension.

In order to guarantee these rights, we require an institutional framework that recognizes and promotes access to an active and democratic political life, and the recognition of the right to collective and direct participation as a real opportunity for the expression of the citizens’ desire to decide on everything which significantly affects the community. This framework should also be fully inclusive; one that accepts that we live in a global world, and acknowledges people’s right to migrate and/or settle where they see fit, in order to live life fully. A framework that could safeguard a life – our own – which, being interdependent, requires protection. This would comprise institutions specifically designed to ensure social reproduction, while neither delegating care labor to particular social groups nor permitting the privatization of that labor. A framework which also guarantees and extends all the rights already recognized in existing frameworks, constitutions and declarations of human rights, and which also recognizes the environment wherein life takes place as a rights-holder that should be carefully defended. This framework must, in the end, recognize society as a source of rights, therefore it must be considered open and under constant construction.

The basic principles which inspire a new, robust Bill of Rights with a guarantee of institutional means are:

  • Universality. All residents will have the same consideration and access to resources that guarantee the effective exercise of their rights.
  • Singularity: Recognizing that there are realities, forms of organization and a diversity of needs, different types of rights must be taken into account, including specific forms of recognition as well as human resources and economic requirements, to the extent that we must preserve such diversity.
  • No regression. Public authorities are not entitled, once these rights are recognized, to interpret them restrictively or to reduce them.
  • Equality. Given that all rights — civil, political and social — are fundamental to the development of people’s lives, the relationship among them must be protected and cared for with the same constitutional and legal guarantees.
  • Multi-institutional and democratic guarantee. Rights should not only be guaranteed by jurisdictional means but also through citizen participation and extra?institutional organisms created by the persons entitled to the rights themselves. The social participation in the recognition, extension and guarantee of rights through the institutions of direct election and citizen intervention procedures must be explicitly admitted.
  • Financial sufficiency. The development of these rights must be ensured with the necessary economic means. These means will be provided by fiscal reform measures established in the following paragraphs of this Charter.

Finally, it is understood that a subject of rights is also a subject of responsibilities, insofar as she or he is part of a community built around a common project. These responsibilities extend to the environment we inhabit, and include accepting the responsibility to care for it, protect it and enable its reproduction, and in doing so, our own. Such responsibility involves all citizens, but is distributed according to the differences of wealth and ability. Carta_por_la_Democracia_1pag-12red (1)

Political Democracy

The crisis has shown that the decisions of the political class are increasingly controlled by financial interests, and therefore, that democratic Government is conditioned by private enterprise. This situation has lasting repercussions, having provoked a major crisis of legitimacy and representation, aggravated by a state of continued corruption and underscoring the serious lack of existing democratic control.

In any case, the limits of the political system are not recent; rather, they’re structural. These problems can be summed up as: bipartisanship; one-party government in most autonomous communities; difficulty creating new political options; media monopolies; and, especially, the enormous legal difficulties in reforming a Constitution which, moreover, has never been approved by most of the current population.

This is compounded by the fact that political parties – the major players in political life – have turned into a self-serving class, primarily geared towards its own propagation. Without a doubt, institutional obstacles to direct participation hamper the imagination and formation of a political framework founded upon the direct involvement of ordinary people in public affairs..

The decline of the current democracy manifests itself in neglecting the demands of different sectors of society, thus magnifying the distance between legislated policies and what the people say they need. This growing gap between the rulers and the ruled results in the democratic deficit of a system that has prioritized governability over representation and respect for minorities.

The limits of the current democratic system cannot be resolved from the same position from which they arose. Therefore, in order to establish a true democracy, an overhaul is needed.

This Charter advocates a form of democracy capable of returning decision-making power concerning the fundamental aspects of life back to the population. A democracy based on participation in social and political life, one which enables joint decisions on how we want to live. It is, therefore, a wager on a new political agreement built in an open way and with the active participation of citizens. A new agreement based on the recognition of society’s capacity to organize, create institutions, and self-govern.

The construction of this democracy requires a series of agile, effective, and transparent mechanisms articulated on different levels and geared towards both deepening direct participation and the control of delegation, via representation, as deemed appropriate.

Some actions that could give shape to a new democratic political system are as follows:

1. Democratization of public authorities

  • Control of representation. Revocable mandates by a social majority and absolute transparency both in public accounts and the actions of the various organs of Government. Tightening of controls and penalties related to corruption, and the development of independent supervisory authorities with competence over different public institutions. Economic and temporal limits on political appointments: salary caps; an incompatibility regime before, during and after the appointment; and effective limits on the duration of the mandate.
  • Democratization of the internal functioning of the parties. Transparency in party financing, clearly democratic internal statutes, and autonomy of the vote of representatives to ensure the internal plurality of organizations.
  • Reform of the electoral representation system. Removing privileges accorded to parties in the assignation of representatives; modification of lists system; eliminating minimum quota of proportionality; mechanisms of recognition and respect of minorities, as well as balance between the different territories.
  • These mechanisms for democratization, openness and citizen control will be extended to other areas of collective representation, such as social and labor organizations, as well as the media, given their relevance in public life.

2. Recognition and extension of the ways of participation and direct democracy

  • Recognition and expansion of direct democracy tools, such as popular legislative initiatives, referendums and virtual tools of participation.
  • Recognition of citizen control instruments in all areas of the main branches of government, as well as on public accounts. The recognition of such instruments requires transparency laws and the development of flexible mechanisms for public hearing. Recognition of other social organizations acting as control mechanisms or political representatives.
  • Developing mechanisms for collective deliberation: Favoring the development of methodologies for democratic deliberation, both virtual and analog, that promote shared decision making. These mechanisms will be essential in the development of new legislations and their budgets.
  • Extension of the mechanisms enabling direct participation at all administrative levels, and management of public goods and common assets such as school boards, health councils, labor councils as well as local, regional and inter-regional councils.

3. Recognition of popular constituent power as the ultimate source of the constitution and the powers of the State

  • Promotion of a model of open constitutionalism which allows reformation of constitutional standards from below, prevents foreseeable constitutional stonewalling, enables citizen reform initiatives and promotes permanent deliberation.
  • The autonomous, independent forging of institutions for the self-regulation and development of rights generated by the social structure itself will be recognized and favored.

A mature political democracy will not only allow for the real and effective separation of the different powers of the state, but also for direct citizen control of the latter. According to this charter, the judiciary, state police, and security forces will also be subject to the same requisites of transparency, democratization and citizen control. Its ranking heads shall not be chosen by political representatives but directly by the citizenry itself.

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Economic Democracy

A democratic society cannot be conceived without the guarantee of the necessary material support for the development of a dignified and politically active life. A democratic society without a fairer distribution of wealth cannot be conceived.

The high unemployment figures, the widespread insecurity, the spiral of evictions, the debt slavery condemning a large part of the population, the privatization of public services, the enormous concentration of wealth and the subordination of public economies to banking interests all point in the opposite direction: inequality and economic subordination of the many (99%) to a few (1%).

The current democracy as well as the constitutional guarantees on which it is based have been completely ineffective in avoiding this situation. None of the mechanisms set out in the Constitution of 1978 – social rights, labor rights, public initiatives in the economic sphere and the subordination of the wealth to the social interest, among others – have been able to protect society from economic and financial interests. Neo-liberal policies have prevailed above any other criteria, including the common good. This despoilment is most evident now, in the midst of the crisis.

This Charter intends to recover the social resources which have been privatized and concentrated into a few hands, in order to make them available for a real democratic process. Thus, the framework proposed by austerity politics will not be accepted. Never before has there been so much wealth, but rarely has this been distributed so poorly and under such undemocratic and unfair criteria. Therefore, a full review of the functions of economic policies is required, in order to prioritize of the welfare of the population over private, financial and corporate profit. A real, and not just formal, recognition that the laws of the market must always be subsumed to the social functions of the economy is essential.

With the aim of promoting economic democracy, this charter considers five basic pillars:

1. Financial democracy

Financial wealth will be considered as a common resource, upon which the citizenship must have the capacity and ability to influence. “Who regulates are the people, not the market” is the maxim that inspired this point. To do so, procedures will be established for democratic decision making on the debt contracted during recent years, as well as on financial and real estate assets in public hands derived from the restructuring of financial markets and the banking sector. To this end, the following measures are proposed:

  • Citizen Debt Audit. This proposal allows distinction between those debts which are legitimate and those which are not. This audit will be articulated as a social process of democratic and financial education, whereby citizens may acquire greater capacity for decision making and control over the financial economy.
  • Creation of public utility institutions, with financial and real estate assets resulting from successive restructuring. These institutions, under strict democratic control, will serve the promotion of economic equality and social development.

2. Tax reform

The object of the reform entails the promotion of a broad redistribution of expenditures and benefits, so that a formal equality is also a guaranteed real material equitability with access to common and public goods.

  • Major proposals: the restoration of the principles of proportionality and escalation for both labor income and corporate profits; the implementation of new taxes on financial transactions and higher taxes on capital income; the decrease of indirect and consumption taxes, and prosecution of tax fraud. Tax reform will be based on a criteria of equality and equal tax treatment, as well as territorial solidarity.

3. Common and public goods

Privatization processes have shown that public administrations have not protected public resources against attempts at appropriation by private interests. The social recovery of these goods, as well as the democratization of their management, must guarantee their accessibility by the population as a whole.

  • All goods and basic infrastructure needed for the reproduction of life, political participation and the normal function of the economy will have the status of public-common goods. These public-common goods shall include: education, health, housing, security, transportation, information, and justice; important natural resources including water, atmosphere, soil, oceans, coasts, rivers and riverbanks, forests and natural areas of ecological and aesthetic importance; and major roads, highways, interchanges, railway infrastructure, ports, and the like.
  • Strategic resources and sectors of the economy, such as communications, energy, or mineral resources, will be reverted to a condition of public–common resources. The administration of those resources will be subject to a strict public and democratic control.  This will effectively reverse the tendency towards privatization that has been promoted in the last decades.
  • Public-common assets shall neither be alienated nor sold by public administrations. Being public-common property, they are considered the property of all persons residing in the Spanish State.
  • Public-common assets shall be managed in a democratic way, regulated and governed both by mechanisms of citizen participation and expert communities required for each case.

4. Promotion of the Social Economy and Democracy in Economic Relations

This Charter promotes citizen participation in business-related decision-making processes, especially in matters which could be crucial to the common interest. In addition, economic activity will be subordinated to criteria of integral profitability, i.e. social, environmental and economic.

  • It encourages the development of a new business model based on the principles of the social economy, cooperativism, and respect for the environment.
  • All companies should progressively organize around the following principles: equity, respect for the environment, transparency, and sustainable development. Equally, controls over wage distribution in companies will be observed, forestalling the present model of speculative accumulation and extravagant salaries, while rigorously vetoing the increase of precarious labor.
  • The fundamental principles of labor rights will be observed: the right to work freely or in exchange for just compensation; the protection of workers in situations of dependence; the right to rest and to retire; the right to autonomy and to dignified lives independent of wage labor, along with the right to strike, to form unions and to freely associate and assemble.

5. The expansion of social protection, the recognition of common resources, and the right to a dignified life

Our current system of Social Security is principally funded by income tax contributions and is only inclusive according to criteria of national legal identity. In a globalised context, where employment is scarce and non-remunerated work is seen as essential to the production of wealth, migration has become an elemental necessity for an impoverished population. As such, the prior bases of our system of social protection have proven to be increasingly inefficient and less inclusive.

An expansion of the pension system to comply with just and sufficient standards is required. Another requirement is an expansion of the support mechanisms and infrastructures for collective caretaking, which presently falls almost exclusively on families (particularly, women). Child-rearing duties are a collective responsibility with the following two requirements: the necessary budgetary development and allocation, and the creation of common infrastructures.

The production of non-GDP quantified wealth (in areas such as research, study, cultural, informational or communicative production) shall also be acknowledged through mechanisms for the recognition of all such non-remunerated wealth (such as a Basic Income), along with the creation of all the necessary infrastructures for the development of such mechanisms.

This new system of guarantees will be financed by the proposed measures for fiscal reform, especially through the taxation of financial profit and its circulation, while also reducing the proportion of income tax.

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Territorial Democracy

The current financial and economic crisis has shown the weakening of democracy at every level, as well as the fragility of territorial wealth-sharing mechanisms. The dictates of financial governance through austerity policies have established an extraordinary geography of inequality, plunging some countries and regions into the economic and social abyss.

The result is an important territorial split opening up both at the European level and in the Spanish state. In Europe, the absence of democratic intervention mechanisms and the crisis of sovereign debt have created a growing rift between a protected center and an increasingly impoverished periphery. In the Spanish state, the heavy indebtedness of municipalities and regions is leading to the dismantling of social protection systems and the sale of many public goods.

Both cases show a growing loss of territorial solidarity and the legitimacy of government institutions. This threatens a collapse that can only be addressed through a complete institutional reorganization based on democracy and territorial stewardship.

This charter invites discussion for a new territorial agreement at all levels, based on a radically democratic model. It is based on the assumption that decisions about the management of resources and services should be developed at the minimum level of the territorial unit, and forms of the distribution of wealth must be organized within the larger Commons to ensure equity between the territories.

In this way, it is intended to minimize the inequalities between them, compensating for the inequalities generated by models of territorial jurisdiction.

The new territorial agreement model shall be the result of democratic consultation and cooperation among the various territorial units. It should acknowledge the widest possible plurality, and build itself up from its residents’ right to democratically decide on their belonging or not to the different territorial units.

Territorial Democracy will be based on the following principles.

  • Joint responsibility and equality. Membership in the political association involves the acceptance of certain rules and communal constitutions, as well as the acceptance of a taxation system and a communal budget sufficient to correct social and territorial inequality. The new tax system shall be based on progressiveness and fiscal equity.
  • Subsidiarity. The management of resources and services as well as decisions on matters of public interest must be reduced to the minimum territorial unit in which it is most accessible to those residents responsible for such management or decisions. All services that can be better managed at smaller territorial scales will be managed at this level.
  • Financial autonomy and sufficiency. Each territorial unit must have an appropriate budget for the provision of those services for which it is responsible. This budget will be autonomously administered by the democratically managed citizen organisms established for this purpose. Moreover, this budget will not only be guaranteed by its binding resources, but additionally by territorial compensation mechanisms established at different territorial scales. Autonomy in the management of said budget does not exempt those territorial units from the provision of certain services and fiscal obligations to the supra-territorial treasury.

The institutional development of the different territorial scales will be carried out starting from the following principles:

1. Deepening of political democracy: self-government

  • To reclaim and develop all areas of participation and decision at every scale, building on the aforementioned formulas: the democratization of public powers and the extension of citizen participation and direct democracy mechanisms.
  • In accordance with the subsidiarity principle there shall be an inclination, whenever the scale of the processes and resources involved allows, toward developing local and direct democracy at a scale closest to the people, i.e., local governments and towns.
  • The democratic re-founding process is proposed not only at the Spanish State level, but also for the rest of the territorial scales.

2. Acknowledgement of the different scales and territorial realities and solidarity among them

  • The forms of political union which may result from these democratization processes shall take as their aim the rejection of the current forms of territorial competition, as well as wealth redistribution at all levels; from the supra state levels, to those which are immediate to people, such as townships.
  • European Union. The establishment of real fiscal, budgetary and banking cohesion directed at the practical elimination of the growing economic and social inequalities between countries, as well as of the controlling interests of the financial sector.
  • The Spanish State, the current autonomous communities and whichever territorial entities that shall arise from the territorial constitution processes. The principle of fiscal equity shall be accepted, the existence of a joint budget, and the wealth redistribution according to the equitable methods of the territorial distribution.
  • Municipalities. Financing and budgets, besides being subject to strict citizen control, will be guaranteed by distributive mechanisms accorded at the highest scales (regional, state-level and European Union) so as not to be dependent on property and land speculation.

3. The European scale of the process

  • In the European sphere, a new constitution shall guarantee all the fundamental rights for every part of the Union, the political participation possibilities, the share-out conditions and the distribution of wealth, and a thoroughly democratic political structure.
  • In the case that these minimums would not be guaranteed by the European Union, the various comprising territories could develop new territorial alliances from their own constituent political processes, in order to guarantee the previously mentioned principles and therefore their own collective survival.

*?


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A Provisional Informal Assessment of the FLOK Transition process in Ecuador

photo of Michel Bauwens

Michel Bauwens
1st July 2014


Dear friends,

I am leaving Ecuador tomorrow after a rich but difficult experience with many up and downs … (one of the downs being is that we are leaving the country with still 2.5 months of salary due); though the summit was a success in terms of its own dynamic, we discovered that the president of the country didn’t even know of the existence of the FLOK, and that one of our funding ministers even blocked his officials from attending until one day before the summit .. 15 attempts to talk with our two funding ministers about a supposedly strategic effort went unheeded .. nevertheless, there are also good sides: one is that lower level officials, those that feel the need to remain faithful to the ideals of the civic revolution, are enthusiastic and are working on pilot projects; the other is a number of civic movements intent on continuing the effort such as our friends at Diabluma and the associated rural-urban coalition; amongst the most inspiring efforts is that of Mario Andino, the mayor of Sigchos, the third poorest district in Ecuador, who just bought a 2,200 ha. domain to experiment with open agriculture, and that is at least partially a direct result of our interventions, this will happen with or without the government … and then we leave a cultural and political legacy in terms of the ideas; here is a sample reaction that I received, and that makes me very happy:

“.I know you have had good and bad moments here, but I truly believe that you leave a relevant and unforgettable way of thinking in my community. I personally have seen how my vision of reality has changed based on your ideas, knowledge and will to change things…Farewell my friend…I´m sure that wherever you go, you will make the difference that humanity desperately needs… ”

Then of course there is the legacy of the FLOK as the first ever effort to craft a integrated commons transition program, legitimized even if imperfectly supported by a nation state, which makes it a geo-political event; we are already talking with a large cooperative group, 2-3 cities, and a rural hub elsewhere in the world, to do local FLOK processes; and the FLOK as a open and participatory method to craft policy, which is getting interest from other governments in the region ..

So this is life, sometimes we do a seeming huge step forwards, only to fall back, and even as we may be disappointed in the short term, we have planted a seed that may bear more fruit than we expected later on.

Goodbye to Ecuador then, or perhaps just hasta luego, as it is a most spectacular country … let the hundred flowers bloom, here and elsewhere in the world, we certainly would love to return to Sigchos and help the mayor, the assembly of the people and the population as a model locale for commons-oriented practices and transitions. After all , it is a mini-Ecuador with four climate zones ..

With thanks of all the FLOK team members, volunteers, and the local citizens who supported us; special mention to Fabien and his team at Allianza Solidaria, the most inspiring project so far.

Michel Bauwens, Quito, June 30, 2014

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