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After the emergency: What European migration policy will eventually look like


For months, Europe has been dealing with the hectic, day-to-day struggles of managing a massive migrant crisis. While those challenges dominate in the short term, European leaders must also start thinking about medium- to long-term reforms to the European Union’s asylum and migration policies.

European governments have made clear that they want to reform the Common European Asylum System. The European Commission has proposed reforms of its own, which to become laws would need to be approved by both the Council and the European Parliament. But while these proposals are certainly steps in the right direction, they don’t go far enough in addressing structural weaknesses in Europe’s migration and asylum policies.

Positive momentum in a number of key areas

There are several areas where the Commission has already proposed good reforms:

  1. The Commission is proposing to recast a directive aimed at standardizing the processing of asylum procedures across Europe into a fully-fledged regulation. This is good news. The persistent variation in the implementation of asylum procedures across the EU highlights this necessity. Unlike directives, which need to be transposed into national legislation, regulations are immediately and simultaneously enforceable across all member states. 
  2. A directive specifying the grounds for granting international protection is to be replaced by a more stringent regulation, which is also a good thing. It’s problematic that asylum seekers from the same country of origin enjoy dramatically different acceptance rates across EU member states. Combined, these changes should force member states to comply with international standards on asylum procedures and increase opportunities for migrants to get asylum (particularly in countries that have applied more restrictive criteria).
  3. The Eurodac system, which establishes a pan-European fingerprinting database, is now likely to be expanded as well. It would store data on third-country nationals who are not applicants for international protection. But implementation is again a challenge, since Croatia, Greece, Italy, and Malta already struggle to fingerprint new arrivals (something over which infringement proceedings are still ongoing). 
  4. To attract highly skilled professionals, the Commission is working to make the EU Blue Card scheme more appealing. While member states will retain the right to set their own annual migrants quota, Blue Card procedures and rights will be harmonized across the EU. The minimum length of an initial contract offer will be lowered to six months, salary thresholds will be reduced, and the Blue Card will be offered to migrants granted asylum. Other measures—including a directive aimed at students and researchers and another facilitating intra-corporate transfers—are also steps in the right direction. 
  5. Finally, the Commission has proposed making permanent a pan-European resettlement scheme that was launched during last summer’s migrant crisis. That’s also a good thing. The framework would harmonize resettlement procedures and financially incentivizes member states to favor the European framework over national ones. At the same time, it would allow asylum seekers to move to Europe without risking their lives trying to cross the Mediterranean. However, given that member states will still determine how many people to resettle annually, the long-term impact of the scheme remains to be seen. 


German Interior Minister Thomas de Maiziere watches as a migrant from Babel in Iraq has his fingerprints taken, during a visit to Patrick-Henry Village refugee centerin Heidelberg, Germany. Photo credit: Reuters/Kai Pfaffenbach.

Far more needed but little appetite among national capitals

There are several policy areas where far more should be done: 

  1. There is at least one area where the EU is still planning reforms but of a far more limited nature, and that’s on the current directive on basic standards for housing, healthcare, and employment. In private conversations, EU officials stress that the sheer numbers of migrants make it hard for even the best-performing countries to implement this directive. Put simply, member states do not have the political will to do more than what they are already doing. The EU is therefore, understandably, proposing a more moderate reform: it aims to improve reception conditions throughout the EU without dictating to member states how to do so.
  2. Less privileged migrants must be provided with safe avenues to contribute to Europe’s economy. Legislation allowing seasonal workers into the Union for a maximum of between five and nine months within any twelve-month period already goes in this direction. Forums connecting local industry associations and countries of origin to better match labor demand and supply would also be welcome. Armenia, Azerbaijan, Cape Verde, Georgia, Morocco, Moldova, and Tunisia—which enjoy mobility partnerships with the EU—would benefit from such an approach. More can be done if the political will amongst European capitals is there.
  3. Finally, Europeans must ensure that migrants feel welcome to stay. The EU is aware of the need to adequately integrate third-country nationals, but European capitals are in the driver’s seat when it comes to integration. Directives aimed at facilitating family reunifications, integrating long-term residents, and streamlining administrative processes do what they can in this respect. However, the paths to integration and to welcoming foreigners chosen by European countries are exceedingly different, and for the time being likely to remain so. Because of this and until policymakers put integration at the top of their national agendas, foreign nationals will likely continue to struggle. 

Dublin: Still the elephant in the room

The Dublin regulation, which outlines which member state should be responsible for handling asylum applications, still must be radically revised. This is the elephant in the room and the core of the current asylum refugee framework. Member states should consider the Commission’s proposals for a corrective mechanism in case of migrant surges, a new system for allocating applications across the EU based on a distribution key or, ideally, the centralization of competences to the European Asylum Support Office

Informal conversations with top national and European officials suggest that the corrective mechanism is the most likely proposal to be accepted by the member states and therefore adopted. Under such an agreement, Dublin would be maintained, but automatic relocations would start in case of exceptional migrant surges—with hefty fines imposed by the Commission on those member states refusing to play their part. Unfortunately, this is not good enough. Such an approach does not address the underlying structural unfairness and unsustainability of a system that leaves the burden of processing arrivals overwhelmingly on frontline states. 

The current situation exemplifies a significant failure of governance that harms the interests of migrants and member states alike. At present, the Dublin Convention largely ignores the needs of migrants in terms of family reunification, language skills, and cultural integration. Unfortunately, the corrective mechanism for the Dublin Convention does nothing more than provide some relief in case of acute emergencies. Meanwhile, it leaves frontline states to continue facing on their own a crisis that only Europe as a whole could solve. “European leaders” still think and act through national perspectives.

Moving along despite European governments

The European Commission faces both legal and political constraints that limit its scope of action. Whenever it can, it is pushing for a significant overhaul of European asylum and migration policies. However, once more, its initiatives are hampered by the so-called “interests” of the member states. For the time being, we are likely to see some degree of integration in the fields of asylum and migration policies. But because of national vetoes, progress is slow and proposals are often watered down. 

      
 
 




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The next COVID-19 relief bill must include massive aid to states, especially the hardest-hit areas

Amid rising layoffs and rampant uncertainty during the COVID-19 pandemic, it’s a good thing that Democrats in the House of Representatives say they plan to move quickly to advance the next big coronavirus relief package. Especially important is the fact that Speaker Nancy Pelosi (D-Calif.) seems determined to build the next package around a generous infusion…

       




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Philly's Many Walkable "Center Cities"

WALK SCORE, a new Web site popular with urbanists and environmentalists (walkscore.com), rates places for their walkability—the ease of meeting daily needs on foot.

The popularity of the site is an indicator that how the American Dream plays out on the ground has been fundamentally changing over the last 10 to 15 years.

The Ozzie and Harriet drivable suburban version of the American Dream is being supplemented by the Seinfeld vision of "walkable urbanism." Led by late-marrying young adults and empty-nester baby-boomers, many households are looking for the excitement and options living and working in a walkable urban place can bring. With almost nine of 10 new households over the next 20 years being singles or couples without children, this trend promises to continue.

A recent Brookings Institution survey of the largest 30 metro areas in the country identifies the 157 walkable urban places that play a regionally significant role. It also ranks the Top 30 metros in per capita number of walkable urban places. The Philadelphia metropolitan area ranks as the 13th highest on the number of walkable urban places per capita.

Certainly the many already revived downtowns like those in Denver, Washington, Portland, Seattle and San Diego are the most visible signs of the walkable urban trend. But there are many other places you might not suspect.

This includes the emergence of "downtown-adjacent" places like Chelsea and Union Square in New York, suburban town centers like Pasadena and Long Beach in the L.A. area and even built-from-scratch spots like Reston Town Center near Dulles Airport, 30 miles outside Washington.

A major benefit of walkable urban development is that it keeps and attracts young adults to the metro area, many of whom willingly trade crushing car commutes and high gas prices for lively walkable places to live and work.

Walkable urban places seem to attract the well-educated, the so-called "creative class."

Approximately 26 percent of Americans over 25 have college degree - but 99 percent of the new residents moving to Center City this decade have a college degree.

Walkable urbanism increases the economic development potential of the metro area in the knowledge economy. If many of the Gen X-ers and the Millennial generations do not get this lifestyle, they'll move to New York or Washington, depriving Philadelphia of the entrepreneurs it needs to grow.

Walkable urbanism is also essential to create sustainable places to live and work, reducing greenhouse-gas emissions. It is probable that walkable urban households emit less than half the greenhouse gas as driving suburban households - they walk more and unavoidably share heat with upstairs neighbors.

Center City and Society Hill are the most obvious, though not the only, locations of this trend in the Philadelphia region. The recent emergence of University City around Penn and Drexel, Manayunk and New Hope are other significant walkable urban places in the Delaware Valley.

Missing are additional places in the suburbs, particularly around commuter and subway stations.

Rail transit is crucial for walkable urbanism places to emerge.

The investment has already been made for this comprehensive, if underfunded, rail system. Building high-density, mixed-use places around these stations will fulfill pent-up market demand, promote economic growth, lower greenhouse emissions and even give their suburban neighbors a great place for a restaurant within walking distance.

Over the next few years, Philadelphia metro will no doubt see its ranking in the Brookings survey rise while more households will see their Walk Score numbers soar. Seinfeld is coming to Philadelphia. *

Leinberger is a visiting fellow at the Brookings Institution, professor at the University of Michigan and a limited partner in Arcadia Land Co., which has projects in the Philadelphia and Kansas City areas. His most recent book is "The Option of Urbanism: Investing in a new American dream" (Island Press, 2007).

Publication: Philadelphia Daily News
     
 
 




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Why Hong Kong’s next election really matters

Hong Kong’s next vote for Chief Executive (CE)—scheduled for 2017—offers a narrow pathway for improving democratic governance. The question is will a few of Hong Kong’s democratic legislators recognize the opportunity and make the necessary compromises.

      
 
 




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Can the G-20 Plan Really Boost Global Growth?


As the G-20 Summit concluded in Brisbane, Australia on November 16th, it set a target to achieve an incremental jump in global GDP growth of 2 percent by 2018 and made commitments to creating a Global Infrastructure Investment Initiative (GIII) to address an estimated $5 trillion per year in infrastructure needs around the world. 

It is a valid policy idea to expose the gap between current and potential rates of economic growth to the public. That the Australians put the spotlight on this growth gap was the central achievement of their G-20 Summit in Brisbane. It is a contribution to the global effort to energize the global economy and generate both greater and smarter growth. The question is, will it work? 

The gap between potential and actual growth has more to do with the patterns and sources of growth than the rates of growth. It is certainly necessary to continue to use monetary and fiscal policy to stimulate aggregate, demand-driven growth, but it will not be not sufficient.  

The people-problem in global growth has to do with structural obstacles: market dynamics of globalization tend to increase income inequality; technologies can be labor displacing rather than labor absorbing; and the knowledge-economy requires technical skills that are more sophisticated than investment-driven industrialization.  

As a result, the focus is now on structural policies and reforms, an issue on which the OECD has been an international leader. OECD Secretary General Angel Gurria jointly released an OECD report with Australia Minister of Finance Joseph Hockey in February of this year. At the G-20 Summit in Brisbane, Gurria said that it was possible that the global growth effort by the G-20, which the OECD and IMF are monitoring, could “overshoot” the 2 percent target.  

Discussing structural reforms tends to “get in the weeds” quickly, since the details vary by each country’s circumstances—as made clear by Brisbane’s G-20 Action Plan. Going from the Brisbane G-20 Summit to regional, ministerial, and national agendas and actions becomes the next phase in this effort to boost global growth by shifting the patterns and sources of growth. 

A key component in closing the growth gap will be the aforementioned Global Infrastructure Investment Initiative. The GIII is the culmination of a long discussion involving the G-20, the World Bank, the regional development banks, the private sector and others on how to accelerate much-needed investment in infrastructure—globally, and on a scale that can make a difference, especially in an era of fiscal policy constraints.  

The relationship between private and public investment in global infrastructure and other global growth projects is tricky. Just because many governments face reduced flexibility with fiscal policy at the moment does not mean that the responsibility for infrastructure investment can or will or should be picked up by private investors, much less private financial institutions and markets. The public and private sector each have a vital role. One will not work without the other.

Yet rules and norms do have to be worked out to incentivize private investment in infrastructure. This work is well underway and embodied in the Brisbane GIII. Incremental investment in global infrastructure adds up over time, and prudent direction of financing toward the most impactful projects can be a big boost to global growth and directly have an impact on peoples' lives. This is the kind of people-oriented action G-20 leaders were looking for in Brisbane.

Setting incremental “reach goals” is not just a word game or publicity play. It has proven to be a means of mobilizing resources, policies and efforts by diverse actors to stimulate higher-order results than might otherwise have happened. Just engaging in projecting likely growth outcomes can set the bar too low. In fact, all global goal setting is meant to motivate and mobilize momentum for just such incremental efforts. 

Taken together, a combination of structural reforms, infrastructure investment and continued growth-oriented monetary and fiscal policies can make a real difference in boosting global growth. This combination makes the Brisbane target of an additional 2 percent of global GDP growth by 2018 a feasible, even if ambitious, goal.

     
 
 




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On April 9, 2020, Vanda Felbab-Brown discussed “Is the War in Afghanistan Really Over?” via teleconference with the Pacific Council on International Policy.

On April 9, 2020, Vanda Felbab-Brown discussed "Is the War in Afghanistan Really Over?" via teleconference with the Pacific Council on International Policy.

       




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The Human Rights of Internally Displaced Persons

Chairperson, Excellencies, distinguished Delegates, Ladies and Gentlemen,

I have come to New York from Kampala where I attended last week’s African Union Special Summit of Heads of State and Government on refugees, returnees and internally displaced persons in Africa. There, I witnessed the historic moment of the adoption of the AU Convention on the Protection and Assistance of Internally Displaced Persons in Africa. The importance of this Convention cannot be underestimated. Building on the UN Guiding Principles on Internal Displacement it is the first legally binding IDP-specific treaty covering an entire continent. The Convention is a tremendous achievement and a beacon of hope for the almost 12 million people in Africa internally displaced by conflict and the many more internally displaced by natural disasters, and hopefully serves as a model for other regions, too.  

I commend the African Union for its leadership in developing this Convention. I urge all African states to ratify it and implement its provisions, and I call on the international community to seize this momentum and to lend all support needed to its implementation. 

Mr. Chairperson, 

Reflecting on my mandate’s activities over the past 12 months, I would first like to highlight three topics: climate change and natural disasters, internal displacement and peace processes and the search for durable solutions for internally displaced persons. 

Climate Change and Internal Displacement

Climate change increases the frequency and magnitude of climate related disasters, both sudden-onset disasters like flooding and hurricanes and slow-onset disasters such as desertification. The negative impact of these disasters can be mitigated by adopting disaster risk reduction measures. Yet, it is expected that the number of persons displaced by climate related disasters will increase. Most of these people will remain within their own country; hence they will be internally displaced persons to whom the UN Guiding Principles on Internal Displacement apply. It is therefore crucial to enhance capacities of governments and humanitarian actors to provide protection and assistance to these persons. I strongly call on states to ensure that the adaptation and risk management regime of the new UNFCCC framework agreement covers forced displacement. 

Internal Displacement and Peace Processes

Finding durable solutions for internally displaced persons is an essential element of a successful peace process. The way the issue is addressed in peace agreements often predetermines how internal displacement is dealt with in the aftermath of conflicts. Many peace agreements reflect the issue of internal displacement insufficiently or haphazardly. Therefore, over the past 18 months and in close cooperation with the Mediation Support Unit of the Department for Political Affairs of the UN and humanitarian, human rights and mediation experts, I developed a guide on internal displacement and peace processes for mediators. This guide provides advice on how to consult with internally displaced persons and engage them in the different phases of a peace process even if they do not sit at the negotiation table and on what kind of key displacement-specific issues should be addressed in the text of a peace agreement. It will be published later this year.[1] 

I deepened my engagement with the Peacebuilding Commission through a country-based engagement on Central African Republic. I am pleased to see that the country specific strategic framework reflects many of the recommendations that I submitted on the basis of a working visit to this country last February. I plan to remain engaged with the Peacebuilding Commission in the course of the coming year. 

I call on all actors presently involved in peace and peacebuilding processes to adequately address the specific needs of IDPs in the aftermath of armed conflicts. 

Durable Solutions for IDPs

In the many missions I carried out over the past five years, I noticed that finding durable solutions for IDPs is always a tremendous challenge. It is a multi-faceted, long, complex and often expensive process, which requires the coordination and cooperation of a variety of actors from among national and local authorities, and the humanitarian and the development communities. With policy guidance such as that provided by the Framework for Durable Solutions—a document developed by my office and the Brookings-Bern Project on Internal Displacement a few years ago and presently being revised in close cooperation with relevant stakeholders[2]—we know what should be done, but we must improve on the ground. Too often the coordination between humanitarian and development actors is insufficient, the funding for early recovery activities is lacking or IDPs are simply not a priority in recovery, reconstruction and development plans resulting in gaps jeopardizing the sustainability of returns or local integration of the displaced when the humanitarian actors phase out and the development partners are not yet able to show tangible progress in restoring infrastructure, services and livelihoods. Based on my observations in many countries, I have come to the conclusion that the practical problems in this area are a consequence of systemic failures in bringing humanitarian and development actors together to work hand in hand at an early stage of recovery. In addition to differences in approaches and cultures, these failures can to a large extent be attributed to a lack of flexible funding mechanisms for early recovery and reconstruction in spite of some recent steps in the right direction, including the creation of the peace-building fund.  

Country Situations  

Mr. Chairperson, 

The second pillar of my mandate is the engagement in a constructive dialogue with governments. I am grateful that with a few exceptions the countries that I approached during this reporting period were open to engage with my mandate. 

Allow me to provide you with an update on important developments since the completion of my written report to the General Assembly:  

I carried out a mission to Somalia from 14 – 21 October. Lack of humanitarian access, security risks for humanitarian workers, and the sharp decline in donor contributions exacerbate this long-standing humanitarian crisis, and international attention to the plight of IDPs is largely insufficient. I was shocked by the degree of violence the civilian population and in particular internally displaced persons in South and Central Somalia suffer. Serious violations of international humanitarian and human rights law are committed in an environment of impunity. Such acts are a major cause of the displacement of 1.5 million persons, the majority of whom are women and children. They remain highly vulnerable and exposed to serious human rights violations, in particular sexual violence, during flight and in IDP settlements. Many of the displaced try to reach safety in Puntland or Somaliland, where the high number of internally displaced persons puts enormous strain on the limited existing resources and basic services available. Reception capacities for new internally displaced persons must be strengthened and basic services expanded to reduce the burden on host communities. Further robust development interventions are needed to transform humanitarian action into sustainable livelihoods and investing into education and job opportunities for the youth is a must in an environment where recruitment by radical forces is often the only opportunity offered to them. Present efforts by the authorities, humanitarian, development and human rights actors are largely insufficient to bring urgently needed change. I urgently call on the international community to strengthen these efforts and to reaffirm its commitment to Somalia. 

I was twice in Sri Lanka over the past six months; in April, shortly before the end of hostilities, and again in September at a time the security situation had vastly improved, although over 250,000 internally displaced were still held in closed camps. Restoration of their freedom of movement has become a matter of urgency, and immediate and substantial progress in this regard is an imperative for Sri Lanka to comply with its commitments under international law. I discussed a three-pronged strategy for decongesting the camps with the government, which is based on returns of IDPs to their homes, release of IDPs to host families and transfer of IDPs to small open welfare centers in the region of return as a transitional solution until return is possible. I urged the Government to pursue these options in parallel with highest priority, to speed up the screening procedures, and to immediately release those not deemed to pose a security threat. Since my visit, this process has started. I acknowledge the progress made so far in demining and reconstructing returnee areas and releasing and returning a good number of displaced people to Jaffna and Mannar, Trincomalee and Batticaloa as well as to Vavuniya and Killinochi. I underline that this return needs to happen according to international standards. At the same time, I continue to reiterate that the ultimate goal is the restoration of freedom of movement and finding durable solutions for all IDPs. 

During my visit to Georgia of last autumn, I reiterated that there should be no discrimination between different persons internally displaced in Georgia’s different waves of displacement. The approximately 220,000 individuals who have been displaced over the long-term in Georgia should be able to avail themselves of the same possibilities to improve their living conditions as are enjoyed by those more recently displaced. I welcome that in the meantime the government has adopted an action plan to improve the housing situation of the long-term displaced and started to implement it. I am also grateful that a solution was found allowing me to visit the Tskhinvali region/South Ossetia region next week. 

I remain engaged on the situation in the Democratic Republic of the Congo. In March 2010, six other special procedures and I will report to the Human Rights Council on progress the DRC made in implementing a series of recommendations we previously made on how to tangibly improve the situation on the ground. Despite encouraging returns of 110,000 persons in North Kivu Province over the last two months, I remain concerned about the overall deterioration of the humanitarian situation due to the continued attacks on civilian populations carried out by LRA (Lord’s Resistance Army) militias and the impact of the military operations against the FDLR (Forces Démocratiques pour la Libération du Rwanda) armed group and the FDLR’s reprisals against the civilian population triggering new displacements.  

My working visits to Uganda and Serbia had a special focus on durable solutions. In Uganda, I was impressed to see that the majority of the formerly 1.8 million internally displaced persons have returned to their villages and I expressed my appreciation to the Government for its continued efforts. Sustaining returns remains a challenge that must be addressed by quick impact recovery and development activities, which requires stronger action by development agencies and support of donors. Despite the huge progress made thus far, the fate of a considerable number of particularly vulnerable individuals left behind in camps or living in transit sites as well as a general lack of synchronicity between the phasing out of humanitarian assistance and the increase of development activities in returnee areas continue to be a source of concern. 

Many of the 200,000 persons internally displaced from and within Kosovo (I am using the term in accordance with the U.N. position of strict neutrality on the status question) have not yet found a durable solution. I note with appreciation that all relevant authorities in Pristina expressed their commitment to facilitate returns of displaced persons, regardless of their ethnicity. However, due to entrenched patterns of discrimination in every sector of life and also a lack of support, in particular at the municipal level, there have only been a few sustainable returns. At the same time, I wish to reemphasize that the right for a dignified life and the right to return are not mutually exclusive. In this respect, I would like to commend the increased efforts of the Government of Serbia to improve the living conditions of internally displaced persons who have not returned.  

Mr. Chairperson, 

This is my last report which I present personally in my capacity as Representative of the Secretary-General to the General Assembly. Over the past five years, I have seen encouraging trends.  The UN Guiding Principles are now firmly rooted as the relevant framework for the protection of internally displaced persons, legislation and policies have been developed at national and regional level and the cluster approach has led to an improved humanitarian response. Overall, states and humanitarian and developmental actors are better prepared and equipped today to address the plight of the more than 50 million persons displaced within their countries. This is badly needed as the effects of climate change will lead to new displacement. At the same time, it is worrying to see that armed conflict are conducted with utter disregard for the civilian populations in several parts of the world, the humanitarian space is shrinking in many countries, and many displacement situations that were protracted when I assumed this mandate remain unchanged. 

A new mandate-holder will be named next summer and I trust that he or she will also benefit from the particular strengths that currently characterize my mandate. As a Representative of the Secretary-General, I enjoy excellent access to Governments and other important stakeholders, I receive remarkable support of the relevant entities of the United Nations and from donors, and my participation as a standing invitee to the Inter-Agency Standing Committee is key to reach out to the wider humanitarian community.  

Thank you.



[1] The guide will be published by the Brookings-Bern Project on Internal Displacement and the United States Institute for Peace.

[2] The revised Framework is expected to be published as an addendum to my next report to the Human Rights Council, tentatively scheduled for its 13th session (March 2010).

Authors

  • Walter Kälin
Publication: United Nations General Assembly
     
 
 




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Election-Related Rights and Political Participation of Internally Displaced Persons: Protection During and After Displacement in Georgia

Introduction

Guaranteeing the right to vote and to participate in public and political affairs for all citizens is an important responsibility. Given the precarious position that IDPs can find themselves in and considering the extent to which they may need to rely on national authorities for assistance, IDPs have a legitimate and a heightened interest in influencing the decisions that affect their lives by participating in elections.   

Internally displaced persons often exist on the margins of society and are subject to a number of vulnerabilities because of their displacement. For instance, IDPs face an immediate need for protection and assistance in finding adequate shelter, food, and health care. Over time, they can suffer discrimination in accessing public services and finding employment on account of being an IDP from another region or town. IDPs also face an especially high risk of losing ownership of their housing, property, and land, something which can lead to loss of livelihoods and economic security as well as physical security. Women and children, who often make up the majority of IDP populations, face an acute risk of sexual exploitation and abuse.  

In addition to influencing public policy, elections can also be about reconciliation and addressing divisions and inequities that exist within society. For these reasons and others, IDPs should be afforded an opportunity to fully participate in elections as voters and as candidates.   

As noted in a press release of the Representative of the Secretary General of the United Nations on the Human Rights of Internally Displaced Persons following an official mission to Georgia in December 2005, 

“[IDP] participation in public life, including elections, needs promotion and support. Supporting internally displaced persons in their pursuit of a normal life does not exclude, but actually reinforces, the option of eventual return. … Well integrated people are more likely to be productive and contribute to society, which in turn gives them the strength to return once the time is right."[1]


[1] United Nations Press Release - U.N. Expert Voices Concern for Internally Displaced Persons in Georgia, 27 December 2005, available at http://www.brookings.edu/projects/idp/RSG-Press-Releases/20051227_georgiapr.aspx.

Downloads

Authors

Publication: International Foundation for Electoral Systems (IFES)
     
 
 




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From National Responsibility to Response – Part II: Internally Displaced Persons' Housing, Land and Property Rights

Editor's Note: This is the second part of a two piece series on internal displacement that originally appeared online in TerraNullius. The first part is available here.
 
This post continues our discussion of the study entitled "From Responsibility to Response: Assessing National Response to Internal Displacement" recently released by the Brookings-LSE Project on Internal Displacement.

Addressing housing, land, and property (HLP) issues is a key component of national responsibility. Principle 29 of the non-binding but widely accepted Guiding Principles on Internal Displacement emphasizes that competent authorities have a duty to assist IDPs to recover their property and possessions or, when recovery is not possible, to obtain appropriate compensation or another form of just reparation.

The 2005 Framework for National Responsibility – which set the benchmarks we applied in our current study – reaffirms this responsibility (in Benchmark 10, “support durable solutions”) and flags a number of the challenges that often arise, such as IDPs’ lack of formal title or other documentary evidence of land and property ownership; the destruction of any such records due to conflict or natural disaster; and discrimination against women in laws and customs regulating property ownership and inheritance. The Framework for National Responsibility stresses that, “Government authorities should anticipate these problems and address them in line with international human rights standards and in an equitable and non-discriminatory manner.”

The extent to which a government has safeguarded HLP rights, including by assisting IDPs to recover their housing, land, and property thus was among the indicators by which we evaluated the efforts of each of the 15 governments examined in our study. Our findings emphasized the importance of both an adequate legal and policy framework for addressing displacement related HLP issues and the role that bodies charged with adjudication and monitoring can play in ensuring implementation.

HLP Law and Policy Frameworks

One of the most encouraging signs of governments taking seriously their responsibility to address internal displacement has been the development, adoption and implementation in all regions of the world of specific laws and policies that respect the rights of IDPs. Some of the countries surveyed have developed laws, decrees, orders, and policies that protect IDPs’ HLP rights, but these measures are also not without their limits and challenges. A few examples are presented below.

In Colombia, while Law 387 on Internal Displacement (1997) stipulates the right of IDPs to compensation and restitution (Article 10), the government has been hard-pressed to establish measures enabling them to realize that right (see further, below). In Colombia, the constitutional complaint process – the acción de tutela petition procedure – has made the government accountable to IDPs and has influenced government policy toward IDPs, including the policy of allocation of government assistance such as housing subsidies.

In Georgia, the legal framework for IDP protection includes a property restitution law for IDPs from South Ossetia, adopted in 2007, which provided for the establishment of a Commission on Restitution and Compensation; however, this body never became operational and the status of the law is unclear following the August 2008 conflict. The State Strategy on IDPs, also adopted in 2007, protects IDPs against “arbitrary/illegitimate eviction” and sets out a large-scale program for improving the living conditions of IDPs in their place of displacement, all the while reaffirming their right to property restitution.[1]

Displaced families whose homes were destroyed or damaged during the August 2008 received $15,000 from the government to rebuild their homes, although many IDPs have held off reconstruction efforts due to concerns about insecurity. The RSG on IDPs recommended in 2009 the established of a comprehensive mechanism for resolving HLP claims for both the South Ossetia and Abkhazia conflicts. In addition, in 2010, Georgia adopted procedures for vacating and reallocating IDP housing, which, among other things, addresses those cases in which removal of IDPs from a collective center is ordered by the government and may require an eviction, and spells out safeguards for guaranteeing the right of IDPs.[2]

Iraq’s 2005 Constitution protects Iraqis against forced displacement (Article 44(2)). Through its Property Claims Commission, formerly the Commission on the Resolution of Real Property Disputes established by Order No. 2 (2006), Iraq has sought to recover property seized between 1968 and 2003, although significant gaps and challenges remain. For those internally displaced between 2006 and 2008, Prime Ministerial Order 101 (2008) sets out a framework for providing property restitution for registered IDPs with a view to encouraging and facilitating their return to Baghdad governorate, the origin of the majority of post-2006 IDPs and the location of the majority of post-2006 returnees. However, there have been few claims; many IDPs lack the necessary documentation, do not trust government institutions, fear retribution or cannot afford the requisite costs.[3]

In Afghanistan, where national authorities have not yet defined “internally displaced persons,” property and land rights of IDPs are either specifically addressed or generally implicated in substantive and procedural provisions found in a series of executive acts that have been issued since 2001, including the most IDP-specific of them, Presidential Decree No. 104 on Land Distribution for Settlement to Eligible Returnees and Internally Displaced Persons (2005). This decree sets forth a basic framework for distributing government land to both IDPs and returnees as a means of addressing their housing needs. However, IDPs seeking access to land are required to provide their national identity cards (tazkera) and documentation proving their internal displacement status—documentation which they may have lost. Moreover, the decree does not recognize other fundamental rights or needs of the internally displaced; it is valid only in areas of origin; and its implementation has been marred by inefficiency and corruption within the very weak ministry that is tasked with its implementation.

Although the 2006 peace agreement in Nepal  included a commitment to return occupied land and property and to allow for the return of displaced persons, four years after the peace agreement (and three years after the adoption of a national policy), between 50,000 and 70,000 people remained displaced.  Nearly half of the returnees interviewed by the Nepal IDP Working Group reported serious land, housing and property problems.  Of the more than 10,000 claims for compensation for property filed in 2007 only 2,000 families had received support to reconstruct or repair their houses by 2009.  It is widely reported that IDPs with non-Maoist political affiliations have been the least likely to recover land and property.

In Turkey, the government has yet to take full responsibility for displacement caused by its security forces against a largely Kurdish population. In its Law 5233 on Compensation of Damages That Occurred Due to Terror and the Fight against Terror (27 July 2004) and its Return to Village and Rehabilitation Program, displacement is defined in terms of “terrorism” or the “fight” against it. This law does not specifically focus on internal displacement, but it does benefit IDPs among other affected populations. Law 5233 and its related amendments and regulations compensate for “material damages suffered by persons due to terrorist acts or activities undertaken during the fight against terror” between 1987 and 2004. Compensation is provided for three types of damage: loss of property; physical injuries, disabilities, medical treatment, death and funerals; and inability to access property due to measures taken during “the fight against terrorism.”

According to the law, compensation is to be determined by damage assessment commissions (DACs) at the provincial level, with funding provided by the Ministry of the Interior. From 2004 to August 2009, the commissions received just over 360,000 applications. Of those, over 190,000 claims were decided: 120,000 were approved and the claimants awarded compensation; the remaining 70,000 were denied. Around $1.4 billion in compensation was awarded, of which close to $1.1 billion has been paid.[4] The existing legal and policy framework do not adequately address the obstacles to return, including the village guard system, insecurity and the presence of landmines and unexploded ordnance.

In Kenya, the government’s promotion of return included a National Humanitarian Emergency Fund for Mitigation and Resettlement of Victims of 2007 Post-Election Violence which was to meet the full costs of resettlement of IDPs, including reconstruction of basic housing, replacement of household effects and rehabilitation of infrastructure. But in practice, the government has been criticized for promoting return before conditions were safe. The government has also tended to focus on IDPs who own land and to attach durable solutions to land; there is no clear strategy for dealing with landless IDPs, such as squatters and non-farmers.

Awareness among IDPs as to their housing, land, and property rights under existing law – where there is law addressing those rights – is inadequate in many instances. For example, in Turkey, about half of IDPs surveyed in 2006 were not aware of their entitlements under the Return to Village and Rehabilitation Program or the Law on Compensation. [5]

National Human Rights Institutions and Constitutional Courts

In some cases, national human rights institutions (NHRIs) and constitutional courts have a critically important role to play in supporting as well as in holding governments accountable to guarantee the rights of IDPs. In a number of the countries our study examined, the work of NHRIs on internal displacement has included a focus on HLP issues.

In Georgia, for example, the Public Defender has been actively monitoring and reporting on the country-wide housing program begun in 2009 and has raised concerns about evictions of IDPs and the quality of housing in relocation sites. The Public Defender’s office also has undertaken a study on the conditions of the hidden majority of IDPs living in private accommodation rather than in collective centers.

The Afghanistan Independent Human Rights Commission has reported on and raised concerns about the large number of IDPs living in urban slums and informal settlements and about the fact that many IDPs were unable to return to their homes due to disputes over land and property.

Constitutional courts have in some instances played a role in strengthening the national legal framework for protecting the property rights of IDPs. Notably, Colombia’s activist Constitutional Court, in its Decision T-821 in October 2007, ordered the government to ensure respect for IDPs’ right to reparation and property restitution. In January 2009, the Constitutional Court ordered the government to comprehensively address land rights issues and to establish mechanisms to prevent future violations.

Subsequently, the government has sought to ensure these rights by adopting in 2011 the historic and ambitious Law 1448, known as the Victims and Land Restitution Law. In this law, government acknowledges for the first time ever the existence of an internal armed conflict in Colombia, and recognizes as “victims” those individuals or communities whose rights were violated under international humanitarian law or international human rights law. The law regulates reparations for all victims of the armed conflict since 1985 – numbering over 5 million – including through land restitution or compensation for IDPs which is to occur over the next decade.

However, restitution of land does not guarantee returnees’ security and may even endanger people given that land disputes and seizures remain a driving force of displacement. Aiming to prevent further victimization of returnees as a result of insecurity and violence, the government established a new security body, the Integrated Center of Intelligence for Land Restitution (Centro Integrado de Inteligencia para la Restitución de Tierras, also known as CI2-RT) within the Ministry of Defense. Additional participants include the Office of the Vice President, the Ministry of Justice and Interior, the Department of Administrative Security (DAS), Social Action (Acción Social), Incoder, and organizations representing victims of violence. Time will tell how successful the implementation of this ambitious law will be.

In Georgia, the Constitutional Court has also played an important role by recognizing the rights of IDPs to purchase property without losing their IDP status or in any way jeopardizing their right to return.

Conclusion

Securing HLP rights for IDPs is, of course, a key component of finding durable solutions to displacement. The study found that land and property disputes are almost always sources or manifestations of lingering conflict and often an obstacle to IDPs’ free exercise of their right to return.  While some governments have made efforts to provide mechanisms for property restitution or compensation, those mechanisms have rarely been adequate to deal—at least in a timely manner—with the scale and complexity of the problem. National human rights institutions and constitutional courts can play a key role in holding governments accountable for HLP and other rights and freedoms of IDPs.


[1] Government of Georgia, State Strategy for Internally Displaced Persons–Persecuted Persons, Chapter V.

[2] The Standard Operating Procedures for Vacation and Reallocation of IDPs for Durable Housing Solutions (2010) (www.mra.gov.ge)

[3] IDMC, Iraq: Little New Displacement but around 2.8 Million Iraqis Remain Internally Displaced: A Profile of the Internal Displacement Situation, 4 March, 2010, p. 240 (www.internal-displacement.org)

[4] IDMC, Turkey: Need for Continued Improvement in Response to Protracted Displacement: A Profile of the Internal Displacement Situation, 26 October 2009, p. 12, citing correspondence with the government of Turkey, 17 September 2009 (www.internal-displacement.org)

[5] Hacettepe University, Institute of Population Studies, "Findings of the Turkey Migration and Internally Displaced Population Survey," press release, 6 December 2006, cited in IDMC, Turkey: Need for Continued Improvement in Response to Protracted Displacement: A Profile of the Internal Displacement Situation, 26 October 2009, p. 11 (www.internal-displacement.org)

Authors

Publication: TerraNullius
      
 
 




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On April 9, 2020, Vanda Felbab-Brown discussed “Is the War in Afghanistan Really Over?” via teleconference with the Pacific Council on International Policy.

On April 9, 2020, Vanda Felbab-Brown discussed "Is the War in Afghanistan Really Over?" via teleconference with the Pacific Council on International Policy.

       




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Figure of the week: Might a few outlier economies explain Africa’s abnormally high inequality?


On Thursday, July 7, the International Monetary Fund (IMF) revised its economic outlook for South Africa. Despite “considerable economic and social progress” since 1994, the IMF report cited high income inequality, among other factors, in its projection of slow growth and increased unemployment in the medium term. Earlier this year, in the Brookings Africa Growth Initiative’s Foresight Africa 2016, we explored this pressing problem—high income inequality—across the continent. The initial takeaway was that sub-Saharan Africa has greater in-country income inequality than other developing countries around the world. However, after separating seven outlier economies—Angola, the Central African Republic, Botswana, Zambia, Namibia, Comoros, and South Africa—we noted that income inequality, measured by the Gini coefficient, in the rest of the region actually mirrors the rest of the developing world, which currently stands at 0.39. All seven outlier economies have Gini coefficients above 0.55, a level reached by only four other countries worldwide: Suriname, Haiti, Colombia, and Honduras. 

It is important to explore precisely why this disparity exists. Notably, sub-Saharan Africa is not only an outlier in income inequality, but also in the relationship between economic growth and poverty reduction. Generally, in the developing world, every 1 percent of growth reduces poverty 4 percent. In sub-Saharan Africa, however, every 1 percent of growth only reduces poverty by 3 percent. In Foresight Africa 2016, Brookings Nonresident Senior Fellow Haroon Bhorat suggests that this disparity may be because of the commodity booms that have sustained growth periods in African economies, which bring extraordinary returns to capital but limited job growth. Alternatively, these commodity booms may have accompanied a fall in manufacturing output; growth is thus concentrated in the low-productivity services sector. In any case, this graph forces us to consider exactly what type of structural transformation is necessary for continued economic growth and acknowledge that inequality in sub-Saharan Africa might require different solutions in different countries.

For a more in-depth discussion on this issue, see Foresight Africa 2016 and Bhorat’s discussion of African inequality in relation to the Sustainable Development Goals.

Omid Abrishamchian contributed to this post.

Authors

  • Mariama Sow
      
 
 




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The next COVID-19 relief bill must include massive aid to states, especially the hardest-hit areas

Amid rising layoffs and rampant uncertainty during the COVID-19 pandemic, it’s a good thing that Democrats in the House of Representatives say they plan to move quickly to advance the next big coronavirus relief package. Especially important is the fact that Speaker Nancy Pelosi (D-Calif.) seems determined to build the next package around a generous infusion…

       




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Can the US sue China for COVID-19 damages? Not really.

       




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Philly's Many Walkable "Center Cities"

WALK SCORE, a new Web site popular with urbanists and environmentalists (walkscore.com), rates places for their walkability—the ease of meeting daily needs on foot.

The popularity of the site is an indicator that how the American Dream plays out on the ground has been fundamentally changing over the last 10 to 15 years.

The Ozzie and Harriet drivable suburban version of the American Dream is being supplemented by the Seinfeld vision of "walkable urbanism." Led by late-marrying young adults and empty-nester baby-boomers, many households are looking for the excitement and options living and working in a walkable urban place can bring. With almost nine of 10 new households over the next 20 years being singles or couples without children, this trend promises to continue.

A recent Brookings Institution survey of the largest 30 metro areas in the country identifies the 157 walkable urban places that play a regionally significant role. It also ranks the Top 30 metros in per capita number of walkable urban places. The Philadelphia metropolitan area ranks as the 13th highest on the number of walkable urban places per capita.

Certainly the many already revived downtowns like those in Denver, Washington, Portland, Seattle and San Diego are the most visible signs of the walkable urban trend. But there are many other places you might not suspect.

This includes the emergence of "downtown-adjacent" places like Chelsea and Union Square in New York, suburban town centers like Pasadena and Long Beach in the L.A. area and even built-from-scratch spots like Reston Town Center near Dulles Airport, 30 miles outside Washington.

A major benefit of walkable urban development is that it keeps and attracts young adults to the metro area, many of whom willingly trade crushing car commutes and high gas prices for lively walkable places to live and work.

Walkable urban places seem to attract the well-educated, the so-called "creative class."

Approximately 26 percent of Americans over 25 have college degree - but 99 percent of the new residents moving to Center City this decade have a college degree.

Walkable urbanism increases the economic development potential of the metro area in the knowledge economy. If many of the Gen X-ers and the Millennial generations do not get this lifestyle, they'll move to New York or Washington, depriving Philadelphia of the entrepreneurs it needs to grow.

Walkable urbanism is also essential to create sustainable places to live and work, reducing greenhouse-gas emissions. It is probable that walkable urban households emit less than half the greenhouse gas as driving suburban households - they walk more and unavoidably share heat with upstairs neighbors.

Center City and Society Hill are the most obvious, though not the only, locations of this trend in the Philadelphia region. The recent emergence of University City around Penn and Drexel, Manayunk and New Hope are other significant walkable urban places in the Delaware Valley.

Missing are additional places in the suburbs, particularly around commuter and subway stations.

Rail transit is crucial for walkable urbanism places to emerge.

The investment has already been made for this comprehensive, if underfunded, rail system. Building high-density, mixed-use places around these stations will fulfill pent-up market demand, promote economic growth, lower greenhouse emissions and even give their suburban neighbors a great place for a restaurant within walking distance.

Over the next few years, Philadelphia metro will no doubt see its ranking in the Brookings survey rise while more households will see their Walk Score numbers soar. Seinfeld is coming to Philadelphia. *

Leinberger is a visiting fellow at the Brookings Institution, professor at the University of Michigan and a limited partner in Arcadia Land Co., which has projects in the Philadelphia and Kansas City areas. His most recent book is "The Option of Urbanism: Investing in a new American dream" (Island Press, 2007).

Publication: Philadelphia Daily News
      
 
 




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Why Hong Kong’s next election really matters


Hong Kong’s next vote for Chief Executive (CE)—scheduled for 2017—offers a narrow pathway for improving democratic governance. The question is will a few of Hong Kong’s democratic legislators recognize the opportunity and make the necessary compromises.

As I saw in a trip to the city last week, discussions about reforming the election process are already well underway. Up until now, the CE has always been chosen by a 1200-person selection committee, mostly comprised of members willing to follow China’s lead on major political issues. Now under consideration is a plan to elect the next CE through a one-person, one-vote election (universal suffrage). The number of eligible voters would jump from 1,200 to around 5 million.

The caveat from Beijing has been that the candidates for that election would be selected by a nominating committee to be modelled on—you guessed it—the old selection committee. Pro-democracy politicians have sought a more flexible and open-ended process. It was public opposition to Beijing’s nominating committee that set off the Umbrella Movement protests last September and the 79-day occupation of several downtown thoroughfares. The democrats’ opposition to the current plan is important because the tabled proposal must receive support from two-thirds of the Legislative Council to pass, and the government doesn’t have the votes. It needs four democrats to cross the aisle and vote for the package.

Outsized importance

Hong Kong is a small place (7.25 million people), but what happens to the universal suffrage proposal has rather large implications. I have often thought that how China calibrates its choices concerning Hong Kong’s political system says something about what kind of great power it will be. This is not the defining issue of China’s revival as a great power, to be sure. How Beijing uses its growing power economically, diplomatically, and coercively is more important.

Yet most of the objects of China’s exercise of power, particularly in East Asia, are countries with informed, patriotic populations who care about the security and independence of their countries. (The only real exceptions are the islands of the East and South China Sea whose only inhabitants are seagulls.) So China will have to balance any temptation to promote its interests in more assertive ways with a sensitivity to popular feeling. Indeed, its recent “big country” mentality has caused a backlash in the “small countries” it has tried to bend to its will.

Shifting politics

So Hong Kong should be a good test of China’s sensitivity level. It is constitutionally a part of China. Its population is predominantly ethnic Chinese. The overwhelming majority of people accept their lot as Chinese citizens and would do nothing to upset the status quo. They are inherently pragmatic and understand, most of them, the benefits Hong Kong enjoys by being a part of China, including the rule of law and some political freedoms.

But a significant majority also want genuine electoral democracy. If China had granted that ten years ago, the gratitude would have been profound. But the delay has had deleterious effects. Hong Kong’s politics have become more polarized and radicalized. Political mistrust is deep and moderates have been marginalized, especially in the democratic camp. Meanwhile, the new Chinese leadership is placing greater emphasis on national security, and Beijing’s propaganda organs warn of “foreign forces” (e.g. the United States) working behind the scenes to destabilize Hong Kong.

So far, therefore, the interaction between the Chinese central government and the majority of the Hong Kong public has not gone well as it could have. Things will come to a head in a couple of weeks when the Legislative Council votes on the electoral reform proposal. The democratic camp maintains an apparently strong united front and says it will vote as a bloc against the package, which will mean that Hong Kong reverts to the past “small circle” election of the CE.

During my visit I found a couple of brave souls who believe the game is not over; the dominant mood, however, was one of pessimism. If the package goes down, there will likely be no protests, since radical forces have at least blocked what they hate, even as they didn’t secure what they wanted. If the package passes, however, there will likely be protests akin to those last fall, but not as prolonged. Whatever happens, there will be a big demonstration on or around July 1, the eighteenth anniversary of Hong Kong’s return to China. The size of that rally will be a barometer of the intensity of public feeling.

A “narrow pathway” to success?

There is a curious aspect about the package that Legislative Council will vote on. As I outlined in a Brookings blog post in late April, the proposal actually creates a narrow pathway for the democrats to first nominate and then elect one of their own as CE.

It would require, above all, a willingness on the part of at least four democrats to set aside their dissatisfaction with the undemocratic defects of the current proposal (and they do exist) and focus on the democratic opportunity that it presents. Later on, it would require the democrat camp to unite in supporting a moderate candidate who would not invite Beijing’s automatic rejection and who would have broad public support (and such individuals do exist). It should also have confidence that the majority of voters are on their side and would vote for that candidate. This is not a sure thing. The pro-Beijing members of the nominating committee will have the power not to name that person as a candidate—but rejecting a moderate, popular democrat would put them in a very awkward position.

The independent people that I spoke to in Hong Kong last week agreed with me that the current proposal creates this “narrow pathway.” But they also deplored the reality that the mutual mistrust between the democratic and pro-Beijing camps has become a serious obstacle to a sensible compromise. Radicals dominate the democratic camp. Their influence often constrains moderate democrats who might otherwise vote, as an act of conscience, for the package.

Beijing could have conducted its engagement with the Hong Kong public and the democratic camp in a much more skillful way. The priority it places on control of Hong Kong has outweighed its pledges to institute democracy. That has not changed, and it has contributed to the radicalization of Hong Kong politics. Yet the radicals, who would rather fight than win, are now providing Beijing with a pretext to take no chances.

     
 
 




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Protecting Darfur’s Internally Displaced

Gonzalo Vargas-Llosa, a senior policy adviser from the Office of the United Nations High Commissioner for Refugees, participated in a discussion on the current realities in Darfur. He was joined by experts Colin Thomas-Jensen, a policy adviser with the ENOUGH Project, and Paul Miller, Africa adviser with Catholic Relief Services. Elizabeth Ferris, senior fellow and co-director of the Brookings-Bern Project on Internal Displacement, moderated the discussion.

      
 
 




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A tale of two trade fairs: Milwaukee’s globally relevant water proposition

As we have previously discussed, the decision to prioritize a single primary cluster in a regional economic development plan is challenging. For Milwaukee, this was especially difficult in development of its global trade and investment plan because it has three legitimate clusters:  energy, power and controls; food and beverage; and water technologies. The team developing the plan was reluctant to pick a favorite.

      
 
 




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The next COVID-19 relief bill must include massive aid to states, especially the hardest-hit areas

Amid rising layoffs and rampant uncertainty during the COVID-19 pandemic, it’s a good thing that Democrats in the House of Representatives say they plan to move quickly to advance the next big coronavirus relief package. Especially important is the fact that Speaker Nancy Pelosi (D-Calif.) seems determined to build the next package around a generous infusion…

       




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Can the G-20 Plan Really Boost Global Growth?


As the G-20 Summit concluded in Brisbane, Australia on November 16th, it set a target to achieve an incremental jump in global GDP growth of 2 percent by 2018 and made commitments to creating a Global Infrastructure Investment Initiative (GIII) to address an estimated $5 trillion per year in infrastructure needs around the world. 

It is a valid policy idea to expose the gap between current and potential rates of economic growth to the public. That the Australians put the spotlight on this growth gap was the central achievement of their G-20 Summit in Brisbane. It is a contribution to the global effort to energize the global economy and generate both greater and smarter growth. The question is, will it work? 

The gap between potential and actual growth has more to do with the patterns and sources of growth than the rates of growth. It is certainly necessary to continue to use monetary and fiscal policy to stimulate aggregate, demand-driven growth, but it will not be not sufficient.  

The people-problem in global growth has to do with structural obstacles: market dynamics of globalization tend to increase income inequality; technologies can be labor displacing rather than labor absorbing; and the knowledge-economy requires technical skills that are more sophisticated than investment-driven industrialization.  

As a result, the focus is now on structural policies and reforms, an issue on which the OECD has been an international leader. OECD Secretary General Angel Gurria jointly released an OECD report with Australia Minister of Finance Joseph Hockey in February of this year. At the G-20 Summit in Brisbane, Gurria said that it was possible that the global growth effort by the G-20, which the OECD and IMF are monitoring, could “overshoot” the 2 percent target.  

Discussing structural reforms tends to “get in the weeds” quickly, since the details vary by each country’s circumstances—as made clear by Brisbane’s G-20 Action Plan. Going from the Brisbane G-20 Summit to regional, ministerial, and national agendas and actions becomes the next phase in this effort to boost global growth by shifting the patterns and sources of growth. 

A key component in closing the growth gap will be the aforementioned Global Infrastructure Investment Initiative. The GIII is the culmination of a long discussion involving the G-20, the World Bank, the regional development banks, the private sector and others on how to accelerate much-needed investment in infrastructure—globally, and on a scale that can make a difference, especially in an era of fiscal policy constraints.  

The relationship between private and public investment in global infrastructure and other global growth projects is tricky. Just because many governments face reduced flexibility with fiscal policy at the moment does not mean that the responsibility for infrastructure investment can or will or should be picked up by private investors, much less private financial institutions and markets. The public and private sector each have a vital role. One will not work without the other.

Yet rules and norms do have to be worked out to incentivize private investment in infrastructure. This work is well underway and embodied in the Brisbane GIII. Incremental investment in global infrastructure adds up over time, and prudent direction of financing toward the most impactful projects can be a big boost to global growth and directly have an impact on peoples' lives. This is the kind of people-oriented action G-20 leaders were looking for in Brisbane.

Setting incremental “reach goals” is not just a word game or publicity play. It has proven to be a means of mobilizing resources, policies and efforts by diverse actors to stimulate higher-order results than might otherwise have happened. Just engaging in projecting likely growth outcomes can set the bar too low. In fact, all global goal setting is meant to motivate and mobilize momentum for just such incremental efforts. 

Taken together, a combination of structural reforms, infrastructure investment and continued growth-oriented monetary and fiscal policies can make a real difference in boosting global growth. This combination makes the Brisbane target of an additional 2 percent of global GDP growth by 2018 a feasible, even if ambitious, goal.

      
 
 




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Proximity to the flagpole: Effective leadership in geographically dispersed organizations


The workplace is changing rapidly, and more and more leaders in government and private industry are required to lead those who are geographically separated. Globalization, economic shifts from manufacturing to information, the need to be closer to customers, and improved technological capabilities have increased the geographic dispersion of many organizations. While these organizations offer many exciting opportunities, they also bring new leadership challenges that are amplified because of the separation between leaders and followers. Although much has been researched and written on leadership in general, relatively little has been focused on the unique leadership challenges and opportunities presented in geographically separated environments. Furthermore, most leaders are not given the right tools and training to overcome the challenges or take advantage of the opportunities when leading in these unique settings.

A survey of leaders within a geographically dispersed military organization confirmed there are distinct differences in how remote and local leaders operate, and most leadership tasks related to leading those who are remote are more difficult than with those who are co-located. The tasks most difficult for remote leaders are related to communicating, mentoring and building personal relationships, fostering teamwork and group identity, and measuring performance. To be effective, leaders must be aware of the challenges they face when leading from afar and be deliberate in their engagement.

Although there are unique leadership challenges in geographically dispersed environments, most current leadership literature and training is developed on work in face-to-face settings. Leading geographically dispersed organizations is not a new concept, but technological advances over the last decade have provided leaders with greater ability to be more influential and involved with distant teams than ever before. This advancement has given leaders not only the opportunity to be successful in a moment of time but ensures continued success by enhancing the way they build dispersed organizations and grow future leaders from afar.

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Authors

  • Scott M. Kieffer
Image Source: © Edgar Su / Reuters
     
 
 




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In 6 charts, see what Americans really think about US policy toward Syria, Iran, and Afghanistan

The following is based on new findings from two consecutive  University of Maryland Critical Issues Polls, conducted September 3-20, and October 4-10. The full results can be found here, and the methodology and questionnaire here. 1From the day President Trump announced his decision to withdraw troops from northern Syria, which we started measuring on October…

       




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How much paid parental leave do Americans really want?


Paid leave for parents is likely to be an important issue on the campaign trail this year. Hillary Clinton, positioning herself as the candidate on the side of families, argues for all parents to be paid for 12 weeks of family leave, at two-thirds of their salary up to a (so far unspecified) cap. Donald Trump has not so far ruled it out, simply saying: “We have to keep our country very competitive, so you have to be careful of it.”

Polls routinely show high levels of general support for paid leave across the political spectrum. But there are many nuances here, including how to fund the leave entitlement, how long the leave should be, and whether fathers and mothers ought to get the same treatment.

Some light can be thrown on these questions by an analysis of the American Family Survey conducted earlier this year by Deseret News and the Center for the Study of Elections and Democracy (disclosure: I am an adviser to the pollsters). 

Americans of all stripes favor at least three months paid family leave

Views differ over the optimum length of leave depending on whether it is for the mother or father, and whether it is paid or unpaid:

But even Republicans are quite supportive, backing almost four months of paid leave for mothers and three months for fathers. So on the face of it, Clinton’s plan should be a vote winner even among moderate Republicans.

More for mom than dad? Depends how you ask the question

There are important implications about gender roles here. Encouraging men to take paid leave is important not only for the quality of family life, but also for gender equality more generally. Attitudes towards the role of fathers are shifting, although the primacy of motherhood remains. Among every ideological group there was greater support for longer maternity than paternity leave. It is worth noting, however, that half the respondents supported equal leave for mothers and fathers; the variation is driven by those in the other half, who drew a distinction by gender.

It turns out that the order in which the question is asked also makes a difference. For half the respondents, the question about maternity leave came before the one on paternity leave. For the other half, the questions were asked in the opposite order. (Because of the design of the survey, respondents could not change their previous answer.) The ordering of the question had an influence on responses:

Among those who gave an answer on paternity leave first, the gap between the preferred length of leave for mothers and fathers was much less. This was especially true for unpaid leave.

Breaking gender stereotypes

When people think about paid parental leave, many may think automatically of a mother, just as they think of a man when asked to picture a “strong leader.” Asking about maternity leave first goes with the traditional cultural grain, and results in more support for mothers compared to fathers. Asking about paternity leave first interrupts the normal gender framing, and narrows the gap.

There has been a slow revolution in attitudes towards the respective roles of mothers and fathers, reflected in the strongly symmetrical attitudes towards maternity and paternity leave in this survey. But there is more work to do. Mothers and fathers both need help balancing paid work and family life. Let’s hope this can be at least one area of agreement between Clinton and Trump.

Image Source: © Lucy Nicholson / Reuters
      
 
 




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The future of impact bonds globally: Reflections from a recent Brookings event


“For a not-for-profit it’s the equivalent of venture capital,” said Sir Ronald Cohen, chairman of the Global Social Impact Investing Steering Group, about impact bonds in his keynote address at a recent event at the Brookings Institution. Impact bonds combine results-based financing and impact investing, where investors provide upfront capital for a social service and government agencies, or donors, agree to pay investors back based on the outcomes of the service. At their best, they could allow for innovation, encourage performance management and adaptability, promote learning through evaluation, and create a clear case for investing in what works. However, impact bonds thus far have had immense transaction costs and there are risks that poor execution of the impact bond mechanism could have negative consequences for beneficiaries.

It has been six years since the first impact bond was implemented in March of 2010, and the field is beginning to move from an exploratory stage to looking at systemic change, as Tracy Palandjian, CEO and co-founder of Social Finance U.S. described. The event, “The Global Potential and Limitation of Impact Bonds,” served as a point of reflection for stakeholders at this pivotal stage of the field, bringing together over 500 individuals in the room and on the webcast, including practitioners developing impact bonds around the world. While context matters, there were notable similarities in the motivations and challenges across regions.

Potential value-add

In our presentations of our research and subsequent panels, we focused on the potential value and challenges of combining results-based financing and impact investing through an impact bond. Shri Naveen Jain, mission director of the National Health Mission of Rajasthan, India, who is working to develop an impact bond for maternal and child health services across his entire state, pointed out that the value of a results-based financing contract to him was in the added transparency it provides—the government is able to see what they are paying for, keep service providers accountable, and incentivize providers to achieve better outcomes. Louise Savell, a director at Social Finance U.K., the entity that first put impact bonds on the map, explained that results-based financing contracts are often arranged such that only one portion of the contract is based on results. This, she explained prescribes a model and does not allow for flexibility; furthermore, it forces service providers to bear a significant risk. Impact bonds allow for the entirety of payments to be based on results, which gives the provider full flexibility (at least in theory), but puts the risk of service performance on the investor. The shift of risk to investors could be particularly useful for service delivery in conflict affected areas, where donors are often highly concerned about how money will be used, mentioned Francois de Borchgrave, co-founder and managing director of Kois Invest, who is working on an impact bond with the International Rescue Committee of the Red Cross. The panelists also emphasized that impact bonds are more powerful than results-based financing contracts alone because, if successful, they pay real financial returns to investors. This draws a great deal of attention from policymakers and the public, and the added scrutiny helps in making the investment case for preventive interventions highly explicit. Mayor Ben McAdams of Salt Lake County, Utah said that “data and evidence is bridging a partisan divide” in his state—when the case for investment is clear, policymakers from both sides of the aisle are willing to invest. Impact bonds do not necessarily add value by increasing the total amount of funding available for social services, because investors are repaid if outcomes are achieved. Rather, impact bonds could help increase the outcomes achieved with given funding.

Overall there was agreement that impact bonds have enormous potential to lead to more outcome-focused financing that focuses on preventive interventions and incentivizes collaboration. However two critical considerations for the use of impact bonds arose throughout the day.

Optimal impact bond size

The first consideration discussed was whether or not impact bonds can support innovation or scale. As found in our first report, impact bonds have been relatively small in scale in terms of capital and beneficiaries. The average upfront investment in impact bonds to date is $3.7 million, reaching an average of 1,900 beneficiaries. They also have not, on average, focused on particularly innovative interventions—in fact they have almost all had a relatively strong base of evidence behind them. Views on the panel differed on whether the uses of impact bonds could be expanded—if they could be used for highly innovative pilot programs or proven large scale programs. One perspective was that impact bonds could indeed provide seed capital to test new ideas for service delivery. This would require investors who are willing to test not only the innovation but also this relatively new financing mechanism. Given the high transaction costs that impact bonds entail, however, this may not be the most efficient use of resources. Impact bonds could also reach more beneficiaries per transaction (greater scale) with changes in public procurement and the creation of markets for tradeable impact bond assets. Government can play a role in facilitating larger impact bonds by creating central government outcome payment funds, providing tax breaks for investment in impact bonds, and enabling the development of investment vehicles, all of which are being implemented in the U.K. Impact bonds could also help effective social services reach scale by encouraging government to fund programs at scale after the impact bond is over or by improving data use and performance management in government-funded services broadly.

Outcome evaluation design

A second, and related, discussion happened around evaluation methodology—which may differ depending on whether the impact bond is intended to test an innovative intervention or scale an intervention already backed by significant evidence. The “gold standard” randomized controlled trial (RCT) is the only methodology that eliminates the possibility that impact could be attributed to something other than the intervention, though the majority of impact bonds thus far use evaluation methodologies that are less rigorous. The panelists explained that it is important, however, to consider the status quo—currently, less than 1 percent of U.S. federal spending on social services has been shown to be effective. The same is true in low- and middle-income countries, where there are relatively few impact evaluations given the number of interventions. At the end of the day, the government agency acting as the outcome funder must decide on the importance of attribution to trigger payment through the impact bond in view of the already available evidence of program effectiveness and weigh the criticism that might ensue in the absence of a valid counterfactual.

Challenges

Though impact bonds are a potentially useful tool in the toolbox of many financing mechanisms, there are some significant constraints to their implementation. The biggest barrier to impact bonds and other results-based contracts is the administrative hurdle of contracting for outcomes. Peter Vanderwal, innovative financing lead at the Palladium Group, and Caroline Whistler, co-president and co-founder of Third Sector Capital Partners, both stated that governments often are unable or do not know how to contract for outcomes, and there is a need to invest in their capacity to do so. Appropriation schedules are part of this challenge, governments are often not allowed to appropriate for future years. When an audience member asked how we go about changing the culture in government to one of contracting for outcomes, Mayor McAdams answered that impact bonds may have a contagious effect—contracting for outcomes will be the expectation in the future. Additionally, the transaction costs of establishing the partnership are large relative to other mechanisms, though they may be worthwhile. Jim Sorenson, of the Sorenson Impact Center, pointed out that service provider capacity and data collection systems could be barriers to the development of future impact bonds. There is also still a long way to go in developing outcome measures and in particular in calibrating those outcome measures to low- and middle-income countries.

The role of governments and research groups

The influence that impact bonds have on the provision of quality services globally depends on the quality of implementation. With a rapidly growing market, there will inevitably be “bad” impact bonds in the future. To ensure that impact bonds are used as effectively as possible, governments and the research community have a pivotal role to play in asking the right questions: Will a results-based contract help improve outcomes in this particular case? What should the outcomes be to avoid perverse incentives or potentially negative externalities? And would an impact bond structure add value? 

      
 
 




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Paying for success in education: Comparing opportunities in the United States and globally


“This is about governments using data for performance rather than compliance” was a resounding message coming out of the U.S. Department of Education’s conference on June 10 on the use of Pay for Success contracts in education. These contracts, known globally as social impact bonds, continue to be at the forefront of global conversations about results-based financing mechanisms, and have garnered significant momentum this week with passage of the Social Impact Partnerships for Pay for Results Act in the U.S. While limitations certainly exist, their potential to revolutionize the way we fund social projects is tremendous.

A social impact bond (SIB) is a set of contracts where a government agency agrees to pay for service outputs or outcomes, rather than funding defined service inputs, and an investor provides upfront risk capital to the service provider. The investor is potentially repaid principal and interest contingent on the achievement of the predetermined outputs or outcomes.

In our research on impact bonds at the Center for Universal Education, we have analyzed the use of SIBs for education in the U.S., other high-income countries, and low- and middle-income countries. Practitioners in each of these contexts are having far more similar conversations than they may realize—all are united in their emphasis on using SIBs to build data systems for performance. There is tremendous potential for lessons learned across these experiences and across the broader discussions of results-based financing mechanisms for education globally.

Current SIBs for education globally

There are currently five SIBs for education worldwide: two in the U.S. for preschool education, one in Portugal for computer science classes in primary school, and one each in Canada and Israel for higher education. In addition, a number of countries have used the SIB model to finance interventions to promote both education and employment outcomes for teens—there are 21 such SIBs in the U.K., three in the Netherlands, and one in Germany. There is also a Development Impact Bond (DIB), where a donor rather than government agency serves as the outcome funder, for girls’ education in India. The Center for Universal Education will host a webinar to present the enrollment and learning outcomes of the first year of the DIB on July 5 (register to join here).

U.S. activities to facilitate the use of SIBs for education

At the June 10 conference at the Department of Education, the secretary of education and the deputy assistant to the president for education said that they saw the greatest potential contribution of SIBs in helping to scale what works to promote education outcomes and in broadening the array of partners involved in improving the education system. Others pointed out the value of the mechanism to coordinate services based on the needs of each student, rather than a multitude of separately funded services engaging the student individually. In addition to using data to coordinate services for an individual, participants emphasized that SIBs can facilitate a shift away from using data to measure compliance, to using data to provide performance feedback loops.

The interest in data for performance rather than compliance is part of a larger shift across the U.S. education sector, represented by the replacement of the strict compliance standards in the No Child Left Behind Act of 2002 with the new federal education funding law, the Every Student Succeeds Act, signed into law in December of 2015. The law allows for federal outcome funding for SIBs in education for the first time, specifically for student support and academic enrichment programs. The recently passed Social Impact Partnerships for Pay for Results Act also allows for outcome funding for education outcomes. The Department of Education conference explored potential applications of SIBs across the education sector, including for early home visiting programs, programs to encourage completion of higher education programs, and career and technical education. The conference also analyzed the potential to use SIBs for programs that support specific disadvantaged populations, such as dual language learners in early education, children of incarcerated individuals, children involved in both the child protection and criminal justice systems, and Native American youth. Overall, there was a focus on areas where the U.S. is spending a great deal on remediation (such as early emergency room visits) and on particular levers to overcome persistent obstacles to student success (such as parent engagement).

To help move the sector forward, the Department of Education announced three new competitions for feasibility study funding for early learning broadly, dual language learners in early education, and technical education. The department is also facilitating connections between existing evaluation and data system development efforts and teams designing SIBs. The focus on early childhood development by the Department of Education is reflective of the national field as a whole: Programming in the early years is becoming a particularly fast-growing sector for SIBs in the U.S. with over 40 SIBs feasibility and design stages.

SIBs for education in low- and middle-income countries

There is only one DIB for education in low- and middle-income countries; however, there are a number of SIBs and DIBs for education in design and prelaunch phases. In particular, the Western Cape Province of South Africa has committed outcome funding for three SIBs across a range of health and development outcomes for children ages 0 to 5.

Though the number of impact bonds may be relatively small, a significant amount of work has been done in the last 15 years in results-based financing for education. The U.K. Department for International Development (DfID), the Dutch Ministry of Foreign Affairs, the Asian Development Bank, the World Bank, the Global Partnership for Output-Based Aid, and Cordaid had together funded 24 results-based financing initiatives for education as of 2015. Of particular interest, DfID is funding results-based financing projects through a Girls Education Challenge and the World Bank launched a new trust fund for results-based financing in education in 2015. As with impact bonds in the U.S., a primary aim of results-based financing for education in low- and middle-income countries is to strengthen data and performance systems. Early childhood development programs and technical and vocational and training programs have also been identified as sub-sectors of high potential. Here are a few final takeaways for those working on results-based financing for education in low- and middle-income countries from the U.S. Department of Education conference:

  1. The differences between the No Child Left Behind Act and the Every Student Succeeds Act should be analyzed carefully to ensure other data-driven education performance management systems promote both accountability and flexibility.
  2. In building data systems through results-based financing, ensure services can be coordinated around the individual, feedback loops are available for providers, and data on early education, child welfare, parent engagement, and criminal justice involvement are also incorporated.
  3. There are potential lessons to be learned from the U.S. Department of Education’s effort to conduct more low-cost randomized control trials in education and the U.S. Census Bureau’s data integration efforts.
  4. SIBs provide an opportunity to work across agencies or levels of government in education, which could be particularly fruitful in both low- and middle-income countries and the U.S.

As the global appetite for results-based financing continues to grow and new social and development impact bonds are implemented throughout the world, we’ll have an opportunity to learn the true potential of such financing models.


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The Senate Trial Will Be Totally Predictable—With One Potential for Surprise

       




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Institutions are under existential threat, globally

Much has been written about de-industrialization; the loss of manufacturing jobs in the United States as imports from and other low-income countries rise. But “de-institutionalization” may be more disruptive in the long term. While manufacturing jobs in the U.S. might return as wages rise in low-income countries, technologies like 3-D printing advance, and trade barriers…

       




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The Power to Tax Justifies the Power to Mandate Health Care Insurance, Which Can be More Economically Efficient

Today, the Supreme Court upheld the individual mandate, a central feature of the Affordable Care Act, under the federal government’s power to tax. I attended the Supreme Court oral arguments on the constitutionality of the individual mandate, and I noticed that the legal relationship between mandates and taxes relies very little on the economic relationship…

       




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Can the US sue China for COVID-19 damages? Not really.

       




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Unemployment Rate Falls to 7.3% in August, but Really the Jobs Numbers say "Blech!"


The headlines seem pretty good. Unemployment fell a tick to 7.3 percent. And jobs growth continued, with payrolls expanding by 169,000 in August, which is just shy of the 175,000 new jobs that analysts were expecting.

But beneath the headline: blech!

The most important news was the revisions to what we had previously thought was a healthy and perhaps self-sustaining recovery. Instead, jobs growth in July was revised from 162,000, to a weak 104,000, and June was also revised downward. Taken together, this month's revisions means we've created 74,000 fewer jobs than previously believed. And the previous jobs report subtracted another 26,000 jobs through revisions. Moreover, for reasons that remain a mystery, revisions have tended to be pro-cyclical, meaning that the healthy recovery we thought we were having might have been expected to yield further upward revisions. All this means that analysts are hastily revising their views.

The other bad news comes from the household survey, where employment fell 115,000, leading the employment-to-population ratio to decline by 0.1 percentage points. So the decline in the unemployment rate isn't due to folks getting jobs; instead, it's due to people dropping out of the labor force.

I have two simple metrics I use to measure the "underlying" pace of jobs growth. The first puts 80% weight on the (more accurate) payrolls survey, and 20% weight on the noisier household survey. That measure suggests employment grew by only 112,000 in August. The alternative is to focus on the 3-month average of payrolls growth, which suggests we're creating slightly around 148,000 jobs per month.

Bottom line: This report says that we're barely creating enough jobs to keep the unemployment rate falling from its current high levels. Policymakers have been looking for a signal that the recovery has become self-sustaining. This report doesn't provide it. And until we're confident that the recovery will keep rolling on, we should delay either any monetary tightening, further fiscal cuts, and definitely postpone the legislative shenanigans that Congress is threatening.

Image Source: © Jonathan Ernst / Reuters
      
 
 




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The China debate: Are US and Chinese long-term interests fundamentally incompatible?

The first two years of Donald Trump’s presidency have coincided with an intensification in competition between the United States and China. Across nearly every facet of the relationship—trade, investment, technological innovation, military dialogue, academic exchange, relations with Taiwan, the South China Sea—tensions have risen and cooperation has waned. To some observers, the more competitive nature…

      
 
 




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How a U.S. embassy in Jerusalem could actually jump-start the peace process

President-elect Donald Trump has said that he aspires to make the “ultimate deal” to end the Israeli-Palestinian conflict, while also promising to move the U.S. embassy in Israel to Jerusalem. As I wrote in a recent op-ed in The New York Times, those two goals seem at odds, since relocating the embassy under current circumstances […]

      
 
 




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What Do We Really Think About the Deficit?

While polling indicates that the federal government’s budget deficit is high on people’s list of problems for the government to solve, Pietro Nivola writes that few are willing to accept the proposed methods to fix it.

      
 
 




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Russia is a terrible ally against terrorism

       




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17 years after 9/11, people are finally forgetting about terrorism

       




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The next COVID-19 relief bill must include massive aid to states, especially the hardest-hit areas

Amid rising layoffs and rampant uncertainty during the COVID-19 pandemic, it’s a good thing that Democrats in the House of Representatives say they plan to move quickly to advance the next big coronavirus relief package. Especially important is the fact that Speaker Nancy Pelosi (D-Calif.) seems determined to build the next package around a generous infusion…

       




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Measuring growth democratically

Abhijit Banerjee and Esther Duflo, two of this year’s recipients of the Nobel Memorial Prize in Economic Sciences, are the latest among leading economists to remind us that gross domestic product is an imperfect measure of human welfare. The Human Development Index, published by the United Nations Development Programme, aggregates indicators of life expectancy, education,…

       




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Italy’s hazardous new experiment: Genetically modified populism

Finally, three months after its elections, Italy has produced a new creature in the political biosphere: a “populist but technocratic” government. What we will be watching is not really the result of a Frankenstein experiment, rather something closer to a genetically modified organism. Such a pairing is probably something unheard of in history: Into a…

       




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Iran, Turkey’s New Ally?

A bribery and corruption scandal has plunged Turkey into crisis. Vali Nasr writes that by improving ties with Iran, Prime Minister Recep Tayyip Erdogan has an opportunity repair his weakened authority and to restore Turkey's international standing if he shows that Turkey can once again play a central role in the Middle East.

      
 
 




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Government spending: yes, it really can cut the U.S. deficit


Hypocrisy is not scarce in the world of politics. But the current House and Senate budget resolutions set new lows. Each proposes to cut about $5 trillion from government spending over the next decade in pursuit of a balanced budget. Whatever one may think of putting the goal of reducing spending when the ratio of the debt-to-GDP is projected to be stable above investing in the nation’s future, you would think that deficit-reduction hawks wouldn’t cut spending that has been proven to lower the deficit.

Yes, there are expenditures that actually lower the deficit, typically by many dollars for each dollar spent. In this category are outlays on ‘program integrity’ to find and punish fraud, tax evasion, and plain old bureaucratic mistakes. You might suppose that those outlays would be spared. Guess again. Consider the following:

Medicare. Roughly 10% of Medicare’s $600 billion budget goes for what officials delicately call ‘improper payments, according to the 2014 financial report of the Department of Health and Human Services. Some are improper merely because providers ‘up-code’ legitimate services to boost their incomes. Some payments go for services that serve no valid purpose. And some go for phantom services that were never provided. Whatever the cause, approximately $60 billion of improper payments is not ‘chump change.’

Medicare tries to root out these improper payments, but it lacks sufficient staff to do the job. What it does spend on ‘program integrity’ yields an estimated $14.40? for each dollar spent, about $10 billion a year in total. That number counts only directly measurable savings, such as recoveries and claim denials. A full reckoning of savings would add in the hard-to-measure ‘policeman on the beat’ effect that discourages violations by would-be cheats.

Fat targets remain. A recent report from the Institute of Medicine presented findings that veritably scream ‘fraud.’ Per person spending on durable medical equipment and home health care is ten times higher in Miami-Dade County, Florida than the national average. Such equipment and home health accounts for nearly three-quarters of the geographical variation in per person Medicare spending. Yet, only 4% of current recoveries of improper payments come from audits of these two items and little from the highest spending locations.

Why doesn’t Medicare spend more and go after the remaining overpayments, you may wonder? The simple answer is that Congress gives Medicare too little money for administration. Direct overhead expenses of Medicare amount to only about 1.5% of program outlays—6% if one includes the internal administrative costs of private health plans that serve Medicare enrollees. Medicare doesn’t need to spend as much on administration as the average of 19% spent by private insurers, because for example, Medicare need not pay dividends to private shareholders or advertise.

But spending more on Medicare administration would both pay for itself—$2 for each added dollar spent, according to the conservative estimate in the President’s most recent budget—and improve the quality of care. With more staff, Medicare could stop more improper payments and reduce the use of approved therapies in unapproved ways that do no good and may cause harm.

Taxes. Compare two numbers: $540 billion and $468 billion. The first number is the amount of taxes owed but not paid. The second number is the projected federal budget deficit for 2015, according to the Congressional Budget Office.

Collecting all taxes legally owed but not paid is an impossibility. It just isn’t worth going after every violation. But current enforcement falls far short of practical limits. Expenditures on enforcement directly yields $4 to $6 for each dollar spent on enforcement. Indirect savings are many times larger—the cop-on-the-beat effect again. So, in an era of ostentatious concern about budget deficits, you would expect fiscal fretting in Congress to lead to increased efforts to collect what the law says people owe in taxes.

Wrong again. Between 2010 and 2014, the IRS budget was cut in real terms by 20%. At the same time, the agency had to shoulder new tasks under health reform, as well as process an avalanche of applications for tax exemptions unleashed by the 2010 Supreme Court decision in the Citizens United case. With less money to spend and more to do, enforcement staff dropped by 15% and inflation adjusted collections dropped 13%.

One should acknowledge that enforcement will not do away with most avoidance and evasion. Needlessly complex tax laws are the root cause of most tax underpayment. Tax reform would do even more than improved administration to increase the ratio of taxes paid to taxes due. But until that glorious day when Congress finds the wit and will to make the tax system simpler and fairer, it would behoove a nation trying to make ends meet to spend $2 billion to $3 billion more each year to directly collect $10 billion to 15 billion a year more of legally owed taxes and, almost certainly, raise far more than that by frightening borderline scoff-laws.

Disability Insurance. Thirteen million people with disabling conditions who are judged incapable of engaging in substantial gainful activity received $161 billion in disability insurance in 2013. If the disabling conditions improve enough so that beneficiaries can return to work, benefits are supposed to be stopped. Such improvement is rare. But when administrators believe that there is some chance, the law requires them to check. They may ask beneficiaries to fill out a questionnaire or, in some cases, undergo a new medical exam at government expense. Each dollar spent in these ways generated an estimated $16 in savings in 2013.

Still, the Social Security Administration is so understaffed that SSA has a backlog of 1.3 million disability reviews. Current estimates indicate that spending a little over $1 billion a year more on such reviews over the next decade would save $43 billion. Rather than giving Social Security the staff and spending authority to work down this backlog and realize those savings, Congress has been cutting the agency’s administrative budget and sequestration threatens further cuts.

Claiming that better administration will balance the budget would be wrong. But it would help. And it would stop some people from shirking their legal responsibilities and lighten the burdens of those who shoulder theirs. The failure of Congress to provide enough staff to run programs costing hundreds of billions of dollars a year as efficiently and honestly as possible is about as good a definition of criminal negligence as one can find.

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What America’s retirees really deserve


Social Security faces a financial shortfall. If Congress does nothing about it, current projections indicate that benefits will be cut automatically by 21 percent in 2034. Congress could close the gap by raising revenues, lowering benefits, or doing some of both. If benefits seem generous, Congress is likely to lean toward benefit cuts more than revenue increases. If they seem stingy, then the reverse.

Given the split between the two parties on whether to cut benefits or to raise them, evidence on the adequacy of benefits is central to this key policy debate. Those perceptions will help determine whether Social Security continues to provide basic retirement income for workers with comparatively low earnings histories and a foundation of retirement income for most others or it will become just a minimal safety-net backstop against extreme destitution?

Down-in-the-weeds disagreements among analysts often seem too arcane for anyone other than specialists. But sometimes they are too important to ignore. A current debate about the adequacy of Social Security benefits is an example.

The not-so-simple question is this: are Social Security benefits ‘generous’ or ‘stingy’? To answer this question, people long looked to the Office of the Social Security Actuary. For many years that office published estimates of something called the ‘replacement rate’—that is, how high are benefits paid to retirees and the disabled relative what they earned during their working years. A 2014 retiree with median earnings had average lifetime earnings of about $46,000. That worker qualified for a benefit at age 66 of about $19,000, a replacement rate of about 41%. Replacement rates vary with earnings. Dollar benefits rise with earnings, but they rise less than proportionately. As a result, replacement rates of low earners are higher than replacement rates of high earners.

As you might suppose, there are many ways in which to compute such ‘replacement rates. Because of analytical disputes on which method is best, the Social Security trustees in 2014 decided to stop including replacement rate estimates in their annual reports.

In December 2015, the Congressional Budget Office (CBO) offered what it considered a better measure of the generosity of Social Security. It estimated that replacement rates for middle income recipients were about 60%–dramatically higher than the 41% that the Social Security Trustees had estimated.

The gap between the estimates of CBO and those of Social Security is even larger than it seems. To see why, one needs to recognize that to sustain living standards retirees on average need only about 75% to 80% as much income as they did when working. Retirees need less income because they are spared some work-related expenses, such as transportation to and from work. Those are only average of course; some need more, some less.

If one believed the SSA actuaries, Social Security provides median earners barely more than half of what they need to be as well off as they were when working. Benefit cuts from that modest level would threaten the well-being for the majority of retirees who are entirely or mostly dependent on Social Security benefits—and especially for those with large medical expenses uncovered by Medicare.

On the other hand, if one accepted CBO’s estimates, Social Security provids more than three-quarters of the retirement income target. Against that baseline, benefit cuts would still sting, but they would pose less of a threat, and not much of a threat at all for most retirees who have some income from private pensions or personal savings.

When the CBO estimates came out, conservative commentators welcomed the findings and cited CBO’s well-established and well-earned reputation for objectivity. They correctly noted that many retirees have additional income from private pensions, 401ks, or other personal savings, and asserted that there was no general retirement income shortage. By inference, cutting benefits a bit to help close the long-term funding gap would be no big deal. Social Security advocates were put on the defensive, hard-pressed to challenge the estimates of the widely-respected Congressional Budget Office.

But earlier this year, CBO acknowledged that it had made mistakes in its Decameter estimates and revised them. The new CBO estimate put the replacement rate for middle-level earners at around 42%, almost the same as the estimate of the Social Security actuaries, not the much higher level that had sent ripples through the policy community. One conservative analyst, Andrew Biggs, who had trumpeted the initial CBO finding in The Wall Street Journal, promptly and honorably retracted his article.

Two aspects of this green-eyeshade kerfuffle stand out. The first is that policy debates often depend on obscure technical analyses that are, in turn, remarkably sensitive to ‘black-box’ methods to which few or no outsiders have ready access. The second is that CBO burnished its reputation for honesty by owning up to its own mistakes — in this case, a whopping overestimate of a key number. Such candor is all too rare; it merits notice and praise.

But there is a broader lesson as well. Technical issues of comparable complexity surround numerous current political disputes. Is Bernie Sanders’ single-payer plan affordable? Will Marco Rubio’s tax plan cause deficits to balloon? To vote rationally, people must struggle to see through the rhetorical chaff that surrounds candidates’ favorite claims. There is, alas, no substitute for paying close attention to the data, even if they are ‘down in the weeds.’


Editor's note: This piece originally appeared in Fortune.

Authors

Publication: Fortune
Image Source: Ho New
      
 
 




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After 50 years, the U.S. and Cuba will finally have embassies to call home


Today’s announcement of the restoration of diplomatic relations between Washington and Havana replaces over five decades of mutual hostility and aggressive name-calling with a new atmosphere of diplomatic civility. The re-opening of embassies in both capitals establishes platforms upon which to build more normal working relations. Now, the hard work begins, as the two nations gradually dismantle the comprehensive wall of restrictions separating them for two generations.

Expectations are running high, especially in Cuba, that diplomatic engagement will catalyze economic betterment on the island. To stimulate more travel and trade, the U.S. government needs to clarify rules for engaging with the emerging Cuban private sector, and make it clear to U.S. banks that they are permitted to support the use of credit cards by U.S. visitors in Cuba. The administration should also begin to consider another round of liberalizing initiatives, some under consideration in the U.S. Congress, to further relax travel restrictions, and to enable more U.S. firms—beyond agriculture and medicines—to assist the Cuban people.

For its part, the Cuban government should open efficient channels to facilitate the commercial exchanges now authorized by the Obama administration. Cuban entrepreneurs should be permitted ready access to U.S. firms wishing to sell building equipment for construction cooperatives, restaurant supplies for private-owned restaurants, and automotive spare parts for private taxis. Micro-enterprise lending should be authorized to support these emerging non-state enterprises.

If both nations build upon today’s welcome announcement by further opening these channels to travel and commerce, Presidents Barack Obama and Raúl Castro can help to safeguard their joint legacy. By fortifying and expanding constituencies on both sides of the Florida Straits, immersed in daily exchanges to mutual benefit, the two governments can render their diplomatic accomplishment politically irreversible in both capitals.

      
 
 




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There's not a lot of history in the White House, actually

It's mostly a fake, completely rebuilt in the early 1950s.




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The Washington war on science and the environment is getting totally insane

Just read the headlines and weep




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My totally unscientific ranking of public transit systems

The New York subway, The Los Angeles Metro, and more ranked by someone who travels a lot but never drives.




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Weird Japanese house of the week is totally transparent

Yuusuke Karasawa designs a house in Tokyo with 5 levels, a dozen stairs and almost no walls inside or out.




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Does wedding rice really hurt birds?

At some point we were told not to toss rice at the newly betrothed because of the birds – here's the real reason why we shouldn't.




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Why don't more people (especially environmentalists) drink bag-in-box wine?

Perhaps our perceptions are predicated on the packaging.




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Are electric cars part of the climate solution or are they actually part of the problem?

If we are really going to make a dent in emissions we have to take real estate away from people who drive and redistribute it to people who walk and bike.




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Christmas Trees Given Jellyfish Genes Could Produce Their Own Light

The only downside, of course, is that your self-lit holiday centerpiece actually would be a Frankenstein tree.




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Are "Green" energy and water savings programs in hotels really about the environment?

Are they good for everyone or just about making money and getting rid of workers?