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There are new twists in the ever-entertaining shale gas saga. The New York Times, which turned obscure Cornell University marine ecologist Robert Howarth into an anti-fracking rock star on the way to getting hammered by its own public editor—I take some of the credit—for its biased reporting on the subject, is finally getting on the science bandwagon.

Last April, the Times ran two articles in a week promoting Howarth’s claim that shale gas generates more greenhouse gas emissions than the production and use of coal. It would be difficult to overstate the influence of this paper, which ricocheted through the media echo chamber and was even debated in the British parliament.

What the Times didn’t report then, and until now has been systematically ignored, is that almost every independent researcher—at the Environmental Defense Fund, the Natural Resources Defense Council, the Council on Foreign Relations, the Energy Department, and numerous independent university teams, including a Carnegie Mellon study partly financed by the Sierra Club—has slammed Howarth’s conclusions. Within the field, Howarth is considered an activist, not an independent scientist. Many commentators, including independent lefty columnist Joe Nocera, think the gas is too valuable to be left in the ground, as the hard Left is urging.

Maybe a little fresh air is finally leaking into the Times’ insular chambers. Calling Cathles’s report a “fresh rebuttal” of Howarth’s much-maligned study, Dot Earth’s Andrew Revkin cites the latest researcher to diss its shaky science. The twist is that the point scientist for the new study was Howarth’s colleague at Cornell, Earth and Atmospheric Sciences professor Lawrence Cathles, who is an expert in this field, unlike Howarth.

Cathles convincingly demolishes Howarth’s four major claims, two of which we’ll highlight here:

•    Howarth et al. claimed that shale gas wells are virtual methane sieves. But as Cathles shows, Howarth appears to have deliberately used EPA estimates of venting in 2007, a century ago by shale gas technology standards. He’s off by at least 10-20 times—at least.

•    Howarth used decades-old data from the Soviet Union to make a bogus case that unconventional gas wells leak more methane than conventional wells.

Cathles conclusion that “The data clearly shows that substituting natural gas for coal will have a substantial greenhouse benefit under almost any set of reasonable assumptions” is critical but unremarkable in that it reflects the conclusions of almost every major researcher in the field, except Howarth and hard Left advocacy magazines such as Mother Jones that blindly promote marginal science when it mimics their ideological take on an issue.

Even New York Times blogger Revkin seems to agree, stating “[T]he notion that gas holds no advantage over coal, in weighing the climate implications of energy choices, is fading fast (to my reading of the science and that of many others).” It’s great to see the Times bloggers catching up with the science… about a year late… but it is a shame that they put Howarth on the fast track to progressive icon status with his reporting last April.

In fact, the “farcical position that shale gas is dirtier than coal” was never scientifically serious enough to fade; it is and was a fiction of activists, including Howarth, whose goal is to undermine a balanced scientific debate on shale gas and climate change.

Jon Entine, senior research fellow at the Center for Health & Risk Communication at STATS/George Mason, is a visiting fellow at the American Enterprise Institute.

No, this is not a post about great deals on credit cards, although a lot of money hangs in the balance. It’s about plying on consumer fears. And it’s about science literacy—the danger of making public policy based on out-of-context facts and ideology.

Through Friday, the Consumer Product Safety Commission’s Chronic Hazard Advisory Panel (CHAP) is holding public meetings in preparation for issuing a final report on restricting phthalates and phthalate substitutes.

Here’s the background. Found in children’s products and tubing, phthalates are used to make plastics like polyvinyl chloride more flexible. In 2008, President Bush signed into law the Consumer Product Safety Improvement Act (CPSIA), which set stricter regulations, particularly on the elements used to make consumer products.

To date, based on the public hearings, the CHAP appears to be bumbling its way through the science. Here’s five things that government regulators should keep top of mind:

(1) Stick to science. Focus on health risk not fear. U.S. regulators rely on risk-based analysis—documenting actual health dangers. Yet CHAP seems to be edging towards a precautionary model, reacting to anti-plastic public fear campaigns now in high gear.

(2) Not all phthalates are created equal. So-called low-density phthalates—DEHP, BBP, DBP, and DIBP—widely used in children’s toys and medical tubing, are less stable and release outgasses. In contrast, high-density phthalates such as DINP, DIDP, and DPHP are tightly bound, more stable and resilient. They offer significant benefits for millions of uses, many with no safe or effective alternatives. Don’t confuse the types.

(3) Measure costs and benefits of potential alternatives. CHAP appears tempted to regulate in a world with no trade-offs. The profile of each phthalate must be compared to the potential risks, known and unknown, of a substitute. Reformulating products are costly, and the consumer pays in the end.

(4) Consider regulatory precedents. The panel has previously seemed to ignore reviews by other regulatory bodies. For example, the EU has classified low phthalates as reproductive toxicants, but does not regulate tightly bound high plasticizers such as DINP, DIDP, and DPHP, which are considered safe. Will CHAP take an anti-science “one size fits all” approach?

(5) Weigh the evidence. It is not clear whether CHAP is considering the weight of the evidence presented and “all relevant data.” According to last year’s  report from the Centers for Disease Control and Prevention, phthalates do not pose a health hazard in any usual way in which someone might be exposed to soft plastics. “Phthalates are metabolized and excreted quickly and do not accumulate in the body,” it concluded. That report endorsed the findings in 2004 and 2010 studies by the Children’s National Medical Center and George Washington University School of Medicine that showed no adverse effects in organ or sexual functioning in adolescent children exposed to phthalates as neonates. Another recent study has found that even high levels of DEHP have shown no effect on the genital development of marmosets—let alone humans.

In sum, no studies using oral doses (as humans are exposed) have found evidence that plasticizers are toxic or are likely to cause cancer or have strong estrogenic effects, as critics often allege. Federal regulators need be careful about demonizing proven safe chemicals, and replacing them with potentially risky substitutes that have not been tested. Will CHAP follow the science?

Jon Entine, visiting fellow at AEI, is senior research fellow at STATS and the Center for Health and Risk Communication at George Mason University.

Just a few years ago, the liberal Pew Center of Global Climate Change, among many environmental groups, was heralding natural gas as a “bridge fuel to a more climate friendly energy supply”—an interim step on the transition from fossil fuels to wind and solar. Now, “progressive” environmental groups demonize natural gas, and shale gas in particular, as a “bridge to nowhere.” What’s the real story behind the flip-flop?

An investigative piece in Ethical Corporation magazine, “Who Blew Up the ‘Bridge to the Future,’” examines the troubling truth behind the turnaround.

(1)    Technology: With the discovery around the world of vast reserves of shale gas and advances in fracking technology, natural gas is no longer a diminishing resource. The International Energy Agency estimates there is quarter of a millennium’s worth of cheap shale gas in the world based on current energy consumption. Meanwhile, advances in solar and wind technology have slowed, and they are increasingly seen as fool’s gold from a cost/benefit perspective.

(2)    Media and NGO Manipulation: Many media organizations who often work hand in hand with hard Left environmental groups—the usually venerable New York Times comes to mind—have taken on the role of advocates, cherry picking questionable studies to promote an anti-fracking narrative. The anti-shale gas mindset has gotten so pervasive that The New York Time’s public editor has twice taken its own reporters to task for channeling anti-fracking propaganda.

(3)    Money: While the NYT runs a front-page exposé of industry support for shale gas exploration and production, it ignores the far more explosive story of the money fueling much of the media coverage and even backing anti-fracking research scientists. The Park Foundation, an environmental philanthropy based in Ithaca, New York and tied to Cornell, has poured more than $6 million over the past two years into supporting groups that only provide one side of the shale gas story.

This soft conspiracy is troubling. Perhaps even more concerning, while a range of independent researchers from across the ideological spectrum have found shale gas to be environmentally safer than coal or oil, one Park funded researcher at Cornell, Robert Howarth, who has no previous research background in this area, reached an opposite conclusion, calling natural gas dirtier than coal or oil. Many media outlets, the NYT’s in particular, have almost exclusively promoted his study and ignored the consensus research (including by the Environmental Defense Fund and the Natural Resources Defense Council, and a sharp rebuttal by Howarth’s own colleagues at Cornell.)

The most intriguing question lying ahead is whether politics—the ideological forces lining up against unconventional sources of natural gas—will trump the science. Anti-shale gas advocacy groups are forging bizarre alliances, including with the Russians and the Iranians who thought they were going to corner the gas market in the coming decades.

That won’t change the facts in the ground. Natural gas is no longer the bridge to the future. It IS the future—unless “progressives” kill it.

Jon Entine is Senior Fellow of Health & Risk Communication at George Mason University/STATS, Visiting Fellow at the American Enterprise Institute, and founder of the sustainability consultancy ESG MediaMetrics.

What happens when the media becomes vested in a certain perspective in an issue? Over the last few years, just as natural gas became plentiful because of massive discoveries of shale gas, the narrative from some of the most radical environmentalists, and journalists who echo the hard-left line, has shifted from “natural gas is a great bridge to alternative energy sources” to “natural gas is dirtier than coal.”

So earlier this year when researchers Robert Howarth and Anthony Ingraffea at Cornell University released a letter based on their unpublished research—not peer reviewed—suggesting that shale gas might be worse for global warming than coal, it was hyped by the New York Times and widely picked up. Many analysts, from experts from energy firms and even unlikely places such as the Council on Foreign Relations and the Natural Resources Defense Council poked holes in the study, but their comments got little play.

This deafening silence was repeated again earlier this month when scientists at Carnegie Mellon University, in a study partly funded by the Sierra Club, concluded just the opposite, in concert with the mainstream scientific view: shale gas, in this case derived from the huge Marcellus Formation which lies under New York, Pennsylvania and Ohio, has significantly less impact on global warming than coal.

“Marcellus shale gas emits 50 percent fewer greenhouse gas emissions than any US coal-fired plant,” said study co-author Chris Hendrickson. John Hanger, the former head of Pennsylvania’s environmental agency during the prior Democratic administration, wrote on his blog that the study “debunks and decimates professor Howarth’s hit piece study that the NYT gas reporter and other media gave so much attention.”

Hanger is referring to the much-maligned series of reports attacking natural gas fracking (the process used to extract gas from shale) by embattled New York Times reporter, Ian Urbina, whose work has been rebuked on two separate occasions by the Times’ public editor, Arthur Brisbane.

But Urbina is at it again. In an article published earlier this month, he dredged up a 27-year old incident, claiming that hydraulic fracturing fluids contaminated a well in West Virginia. That would seem to conflict with comments from the industry, and even EPA Administrator Lisa Jackson, who said in May, “I am not aware of any proven case where the fracking process itself has affected water.”

Even if Urbina is correct, that’s one known incident out of more than one million wells hydraulically fractured in the history of the industry. But as Forbes’s contributor and University of Houston professor Michael Economides wrote yesterday, the cause of that one instance remains unclear, which is why organizations that track fracking, such as the Massachusetts Institute of Technology and the Interstate Oil and Gas Compact Commission, still maintain there have been no contamination incidents.

Even worse, Economides writes, Urbina falsely accuses industry representatives of trying to prevent a 1987 EPA report that cited this West Virginia case from circulating, when in fact the case was sealed, as is common in legal settlements. All in all, he says, more questionable reporting, particularly by the Times, and more misleading fodder for anti-fracking environmental activists and policy-makers.

Jon Entine is a Senior Fellow at the Center for Health & Risk Communication at George Mason University and STATS, and is a visiting fellow at AEI.

The New York Times’ public editor, Arthur Brisbane, weighed in on the much-criticized reporting on natural gas by Ian Urbina, issuing a sharp rebuke of the staff’s reporting and editing.

The Times has raised eyebrows across the ideological spectrum for its “Drilling Down” series—what has appeared to many a long, un-nuanced attack on natural gas and the shale gas extraction technique known as hydraulic fracturing. A slew of commentators, from liberal Joe Nocera (of the Times) to Scott Anderson of the Environmental Defense Fund to almost every energy expert, from MIT to Wall Street, have made hash of claims by a faction of environmentalists that fracking poses extraordinary environmental dangers.

The Urbina “the sky-is-falling” express went off the rails completely on June 25 and 26 with two front-page stories asserting that shale gas reserves are being hyped by the natural gas industry. Urbina and the sources he quoted suggested parallels to Ponzi schemes, Enron, and the housing bubble.

Scientists at MIT and elsewhere, who have confirmed massive shale gas reserves but whose research was not referenced in the piece, immediately issued sharp rebukes of the Urbina narrative. As I noted in a critique for RealClearPolitics, the Times’ article left out key editorial framing details, such as the dubious credibility of the only two identified sources. And as Michael Levi of the Council of Foreign Relations pointed out in his blog, this latest critique of shale gas consisted almost entirely of cherry-picked comments from anonymous sources:

There’s a pattern: Urbina was clearly looking for negative views of shale gas, and had no problem finding them. Given the massive size of the industry, and the number of financial bets being placed upon the sector, that shouldn’t be a surprise. What is a surprise is that Urbina hasn’t done much to put them in context.

Brisbane criticized the stories for painting a complex issue with “an overly broad brush and didn’t include dissenting views from experts who aren’t entrenched on one side or another of the subject.”

The Times’ only identified shale gas critics were fringe critics. One has been at war with a major natural gas company, Chesapeake, for years, although the Times failed to disclose this.

Brisbane concluded, “My view is that such a pointed article needed more convincing substantiation, more space for a reasoned explanation of the other side and more clarity about its focus. . . . The article went out on a limb, lacked an in-depth dissenting view in the text and should have made clear that shale gas had boomed.”

Perhaps most distressing was the self-defense response posted by National Editor Rick Berke and his deputy Adam Bryant within minutes after Brisbane’s analysis appeared. They conspicuously failed to address the many omissions and flaws pointed out by Brisbane.

For example, Brisbane made the point that Urbina threw a cloud over the entire natural gas industry; the piece repeatedly referred to “natural gas companies” and “energy companies” as behind a Ponzi scheme-like hysteria. The embattled editors sidestepped the muddled reporting, saying that the article was not addressing all of the natural gas industry but only independents. Yet there is zero evidence from the piece even hinting that that was Urbina’s thesis.

The Times is a great newspaper. Thankfully it has the integrity to wash its dirty laundry in public. That should help make for quality journalism going forward. But if its own editors can’t swallow the medicine and own up to their reporting and ethical failings, then such public acts of cleansing will end up being little more than performance art.

Jon Entine is a senior fellow at the Center for Health & Risk Communication at George Mason University and a visiting fellow at AEI.

dnaWhile Republicans and Democrats spar over how best to bring medical costs under control, the federal agency overseeing much of the healthcare industry says costs shouldn’t be considered when setting regulations.

Catch your breath before reading Thursday’s Newsweek interview with two top Food and Drug Administration (FDA) officials about its regulatory oversight strategy. Alberto Gutierrez and Elizabeth Mansfield, respectively director for the Office of In Vitro Diagnostics in the Center for Devices and Radiological Health and for Personalized Medicine medical devices and personalized medicine, told Mary Carmichael that the agency has no responsibility to evaluate the economic impact of its regulations on companies or the general effect on industry.

“No, we don’t take into account cost,” said Guiterrez. “That cuts agency wide,” added Mansfield, underscoring that this is general FDA policy.

Continue reading this post.

Image by kyz.

greenpeace2Reports from the front lines in the nasty skirmish between Greenpeace and Nestlé over the company’s purchase of palm oil for its Kit-Kat candy bar and other products suggest that negotiations are in the works. Greenpeace and Nestlé executives are reportedly discussing the campaign and boycott threat.

Capitulation is probably a better word for what’s transpiring. The Swiss food giant has been hammered for more than two weeks by the multinational advocacy group in what is shaping up to be the most successful anti-corporate social media campaign ever.

Greenpeace has long been at odds with Nestlé over a variety of issues, including encouraging mothers to use infant formula that could be mixed with tainted water and for using ingredients made from bioengineered crops.

In its latest salvo, Greenpeace has been seeding social media sites with allegations that Nestlé is contributing to the destruction of Indonesia’s rainforest, exacerbating global warming, and endangering orangutans. It posted a grisly mock commercial of Nestlé’s iconic “Have a Break” Kit-Kat ad on YouTube. The company got it removed from YouTube, which served only to send it viral across the Internet. As part of its orchestrated campaign, Greenpeace supporters stormed Nestlés’s Facebook fan page with nasty posts and swamped Twitter with propaganda focused on Nestlé’s dealings with an Indonesian firm, Sinar Mas, which Greenpeace accuses of destroying rainforests for plantations. Protests took place across Europe as around 100 Greenpeace activists, some dressed as orangutans, went to Nestlé’s headquarters in London, Amsterdam, and Frankfurt, and to seven Nestlé factories across Germany. They called on Nestlé staff to urge the company to stop using palm oil that’s the result of forest destruction.

The day the protest began, on March 19, Nestlé posted a response that it had stopped dealing with the firm, which only supplied 1.25 percent of the all the palm oil it used last year. But Nestlé has said that because palm oil batches are often mixed, it can’t guarantee that some tiny fraction of the oil it uses still doesn’t originate with Sinar Mas. Needless to say, the concession didn’t end the protest.

Deep in damage control, Nestlé appears to have abandoned its Facebook page altogether, leaving it to Kit-Kat bashers, who are now calling for a boycott of all the company’s products. And if things couldn’t be any worse, beleaguered Indonesian palm oil planters are threatening to boycott Nestlé as well for demonizing their livelihood and cutting ties.

The brouhaha has touched off a tsunami of analysis about the increasing role of anti-corporate social media campaigns. Slate’s Bernhard Warner debates whether an ill-prepared Nestlé can ever recover its Facebook page, which is now firmly in the hands of its fiercest critics.

Richard Telofksi, who analyzes corporate social media campaigns on his blog, Irregular Competition, suggests that Greenpeace, though clearly the winner in this campaign, has stepped on the facts to make its case. Other bloggers have weighed in about how to prevent your site from becoming a Trojan horse. The Atlantic’s Niraj Chokshi has her list of what companies can learn from Nestlé’s fumblings.

As hard as it may be for Nestlé to accept, this battle is over. It may just have to let this storm run its course as it takes steps to reorganize its supply chain and begins to rebuild its brand.

Image by Greenpeace Finland.

With a post-Kyoto agreement looking increasingly unlikely to come out of the Copenhagen climate summit, environmentalists are regrouping and debating the best strategy for promoting greenhouse gas reductions. A consensus on the Left has emerged around a cap-and-trade formula, which is already in place in Europe and is being considered in the U.S. Congress. But the economic impact of cap-and-trade is a wild card and it has its skeptics across the ideological spectrum.

Most liberal analysts claim the European scheme is flawed but getting better, while many conservatives blast it for being both inefficient and for not reducing carbon emissions. Just recently, Kenneth Green of the American Enterprise Institute testified before the Senate Finance Committee and noted that cap-and-trade tries but fails to cap carbon emissions. Instead, it “caps economic growth.” Many conservatives argue for a carbon tax, claiming it is more cost-certain, which businesses crave. Liberal skeptics believe some conservatives disingenuously support carbon taxes as a way to throw a wrench into congressional debate and ultimately undermine support for carbon reduction legislation.

In recent weeks, the controversy has taken a new turn, as critics on the Right gained allies from the Left. While most environmental groups (ENGOs) are rallying for a worldwide cap-and-trade system, some aggressive ENGOs, including Friends of the Earth and Greenpeace, have long made the case that carbon offsets are a boondoggle that would not help the environment very much. Now the iconoclastic duo, joined also by Public Citizen, has launched a new attack, spearheaded by a report by Friends of the Earth titled “A Dangerous Obsession.” According to FoE, cap-and-trade has not produced sweeping results because of rampant corruption and inefficiency inherent within the system. It claims carbon trading schemes are allowing speculators to grow rich but are not delivering the emissions cuts promised.

The trade in carbon permits and credits, mainly based in Europe, was worth $126 billion in 2008 and is predicted to balloon to $3.1 trillion by 2020 if a global carbon market takes off. But instead of being a trade between polluting industries, says FoE, it has become one dominated by banks and speculators making big profits. It’s feeding a carbon bubble, FoE says, that when popped could rival the economic damage brought on by the sub-prime mortgage debacle. FoE and Greenpeace continue to push for a carbon tax, although it differs in structure from one advanced by many conservatives.

The renewed attack on cap-and-trade was greeted with glee by gum-up-the-works conservatives at The Wall Street Journal and on Capitol Hill. But the truly interesting response has been the defensiveness of the Left, which has been struggling to hold its cap-and-trade coalition together. The liberal site TreeHugger dismisses FoE’s claim, citing a study authored by liberal NGO economists and released by the German Marshall Fund that the trading systems in Europe have led to annual carbon reductions of 2.5 percent to 5 percent with the “carbon market now worth 56 billion U.S. dollars.”

Patrick Birley from the European Climate Exchange jumped into the fray, calling the report “misguided,” and accusing FoE of demonstrating a loose grasp of financial markets by relating carbon trading to complex sub-prime trading. “Carbon trading is a very simple trading tool much like trading in oil or gas,” he said. He pointed out that carbon trading is merely a tool to achieve carbon caps set by governments.

The fierce contretemps further dampens congressional prospects for a cap-and-trade system and leaves the Left in the position of fighting itself at the very moment it needs to close ranks behind a bill, any bill, that could get to the president’s desk.

AEI intern Moon Doh contributed research assistance for this post.

In most of the world, non-governmental organizations (NGOs) raise money the old-fashioned way: they do good deeds and demonstrate their organizing mettle to their grateful supporters, who repay them with donations. Not so in much of Europe, where NGOs, especially of the liberal stripe, are on the federal dole of most of the EU countries.

Much money goes to non-political NGOs that do invaluable work that governments do not have the expertise to address. But some funding is highly politicized. Israel is a major target. Earlier this summer, NGO Monitor detailed how the Swedish government funds explicitly anti-Israeli NGOs under the banner of “human rights” and “humanitarian aid.” Last year, NGO Monitor did a similar expose of Denmark’s pro-Palestinian NGO handout strategy. In fact, many of the “civil society” organizations deeply involved in the conflict are funded under the European Commission’s Partnership for Peace Program, which has taken a highly biased approach to the Israeli-Palestinian conflict.

Now, the International Policy Network, based in London, has released a startling report, “Fake Aid,” on the latest NGO funding corruption scandal. According to the IPN, Britain is passing out more than $250 million this year to a select group of NGOs to “fund lobbying activities, marketing, and the promotion of political ideology,” rather than to deliver aid.

The UK government started funding a select group of NGOs, including such high-profile activist organizations as Oxfam, ActionAid, and the World Wildlife Fund, through the Department for International Development’s (DFID) Partnership Program Arrangements fund in 2000 with a budget of about $55 million. The list of recipients has grown, but is now frozen, so those lucky enough to be grandfathered in have a guaranteed income flow that’s set to grow to more than $300 million by 2011—a total outlay over a decade of well more than $1.5 billion.

Where is this money going and to what causes?

The funding is unrestricted, which means that some NGOs with hard-edged ideologies that conflict with UK policy end up campaigning against the government that funds them. ActionAid, for example, openly decries free trade. “There is very little evidence to support claims that free trade lifts people out of poverty—in fact, the opposite is true,” it declares in a diatribe posted on its website, ignoring the dramatic advances in China, India, and other developing countries that have embraced free trade. The IPN report is filled with dozens of similar stories uncovering the spending inconsistencies of numerous NGOs.

The UK handout program, like similar giveaway efforts in other EU countries that together total several billions of dollars, is politically invested in the “human rights-based approach” to international development that’s favored by the United Nations. That trendy idea emphasizes the loudest of the advocacy NGOs and the politicized solutions that they advocate. Pressure groups argue that wealthier countries give too little aid to poorer countries, demanding that they meet an arbitrary target of 0.7 percent of GDP set back in 1970.

But does much of the aid really trickle down to the neediest? One recent study raised serious doubts. A 2006 DFID study by Mike Battcock of Oxfam’s first five years in DFID’s program concludes, “National governments complain that UK NGOs (not specifically Oxfam) take strong positions on issues that bear no relations to the views of the people.”

Is this where reasonable people want government dollars to go? It kind of takes the “non-governmental” out of “non-governmental organizations.”

We’re going to be taking a closer look at the funding sources of NGOs and where they spend their money in the coming months at NGOWatch. Stay tuned.

Jon Entine

Watching Human Rights Watch

By Jon Entine

July 24, 2009, 9:35 am

Human Rights Watch has been under fire since it was revealed that it has been making fundraising pitches in Saudi Arabia, an autocratic kingdom hardly known for its embrace of human rights, particularly in its treatment of women and Jews. What’s worse, the HRW delegation led by HRW Middle East Director Sarah Leah Whitson is reported to have demonized Israel on fundraising trips, thus exploiting Arab stereotypes about Jews in order to raise money from Saudi business people.

The incident has touched off a political debate that’s ricocheting across the blogosphere. Writing in The Wall Street Journal, David Bernstein, professor of law at George Mason University, expressed outrage at HRW, calling it “maniacally anti-Israel” for failing to see anything wrong with raising funds among the elite of one of the most totalitarian nations on Earth. He blasted Whitson, saying that she wasn’t raising money for human rights, but rather for HRW’s propaganda campaign against Israel.

Commenting under Bernstein’s post, Whitson argued that just because donors live in a totalitarian country “does not mean that they must be bad people too.” She added that Human Rights Watch accepts funding from private individuals and foundations the world over and that the money’s source is never allowed to affect the independence of HRW’s work. However, Whitson did not refute that she was playing on Arab stereotypes against Jews in order to raise funds.

According to the Israeli Prime Minister’s Office, this is evidence that HRW has lost its “moral compass”; it compared HRW’s fundraising efforts in Saudi Arabia to “a women’s rights group asking the Taliban for a donation.”

HRW is not without its supporters. Kevin Jon Heller, a senior lecturer in law at the University of Auckland, New Zealand, blogs that Whitson previously has weighed in against Saudi Arabian abuses, including her recent comments criticizing Saudi Arabia’s failure to protect the rights of women and migrant workers. While Whitson does criticize Saudi human right abuses about which a broad international consensus exists, her silence on the kingdom’s strict laws against Jews is worth noting. Jeffrey Goldberg of The Atlantic observes in his blog that Saudi Arabia “bans most Jews from even crossing its borders, and [its] religious leadership often propagates the crudest expressions of anti-Semitism.”

According to Arab News, HRW has gained more recognition and support in Saudi Arabia and the Arab world for its Middle East work. In her pitch to prominent businesspeople, “Whitson pointed out that the group managed to testify about Israeli abuses to the U.S. Congress on three occasions.” She also told the crowd that HRW had presented a documentary and a report that it compiled on Israeli violations of human rights and international law during its war on Gaza earlier this year.

In the past, HRW has come under some criticism from anti-Israel commentators, most notably Norman Finkelstein, for not being critical enough of Israel. Finkelstein, in a release that also criticized Israel, blasted Whitson and HRW in 2006 for criticizing Palestinians of committing a “war crime” when it held an Israeli soldier hostage to seek the release of Palestinian soldiers and suspected terrorists.

The source of an NGO’s money matters to those seriously concerned about potential conflicts of interest and the possibility of corruption. The issue of HRW’s fundraising raises serious questions about the organization’s objectivity and neutrality when dealing with the challenging problems in the Middle East. If HRW is serious about maintaining its reputation as a vanguard of human rights, it needs to clear its ledger of any money raised through taking sides in a delicate and complicated conflict such as the one in Israel.

Lelo Nxumalo contributed research support for this posting.

Will the $15.5 million Royal Dutch Shell agreed to pay to Ogoni activists in Nigeria to settle the Ken Saro-Wiwa case set a precedent for corporations with operations in countries ruled by rogue dictators or in war zones? That’s certainly what activists and many in the media are lobbying for.

I reviewed Shell’s decision for NGOWatch. It’s an historic case, as the incident was a key contributor to the rise of the problematic corporate social responsibility movement. Ken Saro-Wiwa was an Ogoni human rights activist who campaigned against the former regime of Nigeria’s notorious General Abacha in the early 1990s. Saro-Wiwa and eight other tribal leaders were arrested and subsequently executed after a trial that everyone other than Abacha’s relatives agreed was rigged.

The wild card in the narrative was the role of Shell. After their prosecution and before they were hung, Shell’s chairman appealed to Nigeria’s military regime for clemency. That plea was all a sham, say the plaintiffs, who sued Shell under the Alien Tort Act, claiming the company played a role in their arrest. Even though the evidence against the company was murky at best, many in the media, reflexively anti-business, accused Shell of being the master puppeteer. Aren’t all corporations, by definition, evil? Especially firms in the basic materials industry that supply energy to keep the world functioning?

Just ask the Boston Globe, which opined this week that “multinational corporations can no longer count on impunity for human rights abuses and environmental degradation in lands where they extract valuable resources.”

So much for nuance. By any reasonable review of the evidence, Shell’s complicity is contested and complicated. Roger Bate of AEI, who visited Shell’s Nigerian operations at the time of the affair, has explained how much grayer real life is than anti-corporate editorialists assume:

Shell was in a difficult place; its operations in Nigeria began in 1958, two years before British rule ended. Nigerian production now accounts for 10 percent of Shell’s worldwide output, and Shell runs about half (2 million barrels a day) of Nigeria’s oil output. When Shell was forced to downgrade 3.9 billion barrels of its proven oil reserves earlier this year, about a third was in Nigeria. Shell needs Nigeria’s excellent-quality oil, and it puts up with a lot to get it. In 2001, there were 45 reported hostage-taking incidents, a number that remained high—24 incidents in 2002—after considerable effort to improve security. Stories circulating in 1995 that Shell provided the police with guns were true, but the company did so at the demand of the Nigerian government.

Furthermore, environmental damage continues to occur around broken pipelines. Not that that is entirely Shell’s fault—such ruptures are mostly deliberate acts of sabotage, not the result of poor maintenance. Saro-Wiwa’s followers spiked pipelines to create a news story back in 1994-1995, and outright oil theft, with its inevitable despoliation, continues unabated.

What happens going forward is anyone’s guess. Every settlement makes it harder for major corporations to ignore the prospect of legal challenges in U.S. courts under the Alien Tort Act if they get caught in the crossfire of human rights disputes.

Jon Entine is a visiting fellow at AEI.


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