January / February 1998Table of Contents
Sustainable
Communities Global Influences on American Farming Social Democracy About this edition...No one paid much attention to the UN Commission on Global Governance Report, Our Global Neighborhood, issued in 1995. The Commission, however, has been busy implementing the various proposals it advanced. An update on their activity is on page 4. The grandaddy of UN treaties is now in draft form: The Covenant on Environment and Development. This document, under development since 1989, will give the UN all the enforcement power it needs to make global governance a reality. Sustainable communities are under construction across America. Page 10 begins a series of reports on the progress being made. "Local Agenda 21" has already been adopted by some municipalities in Santa Cruz County, California. "Federal Land Use Control" (page 12) traces how private property rights in America have been eroded by a changing federal policy. This article is excerpted from ecologic Special Reort, "Federal Land Use Control through Federal Ecosystem Management." Now that Kyoto is history, what can we expect? Here is a report on what has happened since Kyoto and what is in store for the future. Page 19 contains a transcript of the presentation made by Henry Lamb to the American Farm Bureau Federation's Annual Convention. Finally, the essay on page 23 discusses the benefits and dangers of social democracy, compared to the American form of self-governance. Agenda 21 will create a global system of social democracy with the United Nations at the helm. Cover PhotosFront: What will be. Spring wildflowers growing in the
median on Interstate 81 in Virginia. Global Governance UpdateThe UN-funded Commission on Global Governance published its report, Our Global Neighborhood, in the Fall of 1995, to coincide with the 50th anniversary of the United Nations. Aside from the analysis published by ecologic in January, 1996, the report went virtually unnoticed by the U.S. media. Congressman George Miller (D-CA), in particular, and many other elected officials, ridicule those who express concern about the UN's apparent efforts to achieve global governance. All the while, proponents of global governance are busy promoting their objective and incrementally implementing programs and policies which are creating a defacto system of global governance. The 28-member Commission on Global Governance was co-chaired by Ingvar Carlsson, Prime Minister of Sweden, and Shridath Ramphal, former President of the International Union for the Conservation of Nature (IUCN). Maurice Strong, Secretary General of Earth Summit I, in Stockholm in 1972, and Earth Summit II, in Rio de Janeiro in 1992, was also an important member of the Commission, responsible for much of the text in the Commission's 410-page report. Strong is now the Executive Coordinator of UN Reform at the United Nations. He is responsible for implementing the recommendations contained in the Commission's report. These three men are leading the campaign toward global governance. Strong issued a 95-page plan last July which outlined the first steps he is taking to restructure the UN to fulfill its mission of global governance (see ecologic, July/August, 1997). Ramphal and Carlsson are on the global speaking circuit drumming up support for their goals.
At the 15th annual Clement Attlee Lecture in London, February 18th, Ramphal said "Our global neighborhood needs the UN as never before, but we need the UN not as it was before, serving the world of its first 50 years, but as it must be hereafter, serving the new world of its next fifty years." Ramphal was quite specific: "Pax Americana is as unacceptable to most of the world, and perhaps to many Americans, as ever pax Britannica was to America. In the era of globalization, we must live by consensus or die. Only pax planeta will suffice. There are those who will say they are pressing for reform but really mean downsizing, miniaturizing, even emasculating the organization. Big nations with veto power must become enlightened and creative in bringing about real reform. The UN must become the overriding factor in foreign policy." Ramphal concluded his remarks with these observations: "At the center of international affairs, there must be enshrined the ethic of internationalism, the core values of multilateralism, the habit of acting together. We must relegate to the worst time of this century the excesses of nationalism, of unilateral action, of the politics of power. The bedrock of every country's international relations must be the mission of using the United Nations system as the machinery for working and acting together." Carlsson took his message to the European Forum, meeting in Berlin in November, 1997. He told the group that "today there are strong reasons to revise and reform the United Nations system." He said: "First, the possible use of modern
military weapons -- particularly nuclear
and biological weapons -- would have
such devastating effects on the entire
globe, that it can't be said to be only a
national security matter. Secondly,
ecosystems are mindless of border
controls and visa requirements. The
depletion of the ozone layer, climate
changes and the greenhouse effect all
have consequences beyond internal
affairs. Thirdly, more and more goods
and services move across borders. A
touch on a keyboard at a powerful
money dealer's desk may hold individual
nations to ransom."
In a new book, The Future of European Social Democracy, edited by Heinz Fischer, Carlson calls for the creation of a UN Economic Security Council, a key recommendation advanced by the Commission on Global Governance in its 1995 report. Another recommendation advanced in the Commission's report calls for the creation of a new International Criminal Court. The UN General Assembly will convene a conference in Italy in June to consider a draft document developed by the International Law Commission which would create such a court. The Commission on Global Governance says the new International Criminal Court should have its own panel of prosecutors who are free to investigate inside the borders of any sovereign nations without interference by national or local governments. A coalition of NGOs (non-government organizations) has been organized to promote support for an "effective and just institution," which will function from New York to "provide important information on this effort." Planning has been underway on this project since at least 1994. A Preparatory Committee met in February and will hold three two-week sessions leading up to the conference. Women's NGOs are organizing to advance global governance. The Commission on Global Governance convened a two-day conference in London in November where more than 50 women's organizations assembled to hear Shridath Ramphal explain how women can help bring about the goals of global governance. Other speakers included Dr. Elizabeth Bowen, past president of Physicians for Social Responsibility; Victoria Brittain, Foreign News Editor of the British daily, The Guardian; Lynda Adamson of the Baha'i Community of the United Kingdom; and Dame Joscelyn Barrow, President of UNIFEM Association in Britain. The group formalized plans to create a global network of women's organizations to promote global governance.
At the close of the 20th century, the world is witnessing the "wrenching transformation," as Al Gore described it in his 1992 book Earth in the Balance, of a world consisting of sovereign nations, to a world where the UN assumes responsibility for the "security of people." Speaking to the Conference on Sustainable Development in the 21st Century, in Reykjavik, Iceland on September 13, Shridath Ramphal said: "The Commission has developed its proposals on global security to reflect the transition from a world of states to a world of people -- the transition from the conventional concern with the security of countries to the security of people worldwide." He said that "linking all the main proposals of the Commission -- from reform of the UN Trusteeship Council to global trusteeship of the global commons -- was the unity of human needs and the concept of human -- people's -- security." In Chicago last October, Ingvar Carlsson promoted another recommendation of the Commission on Global Governance -- a standing UN army. The idea was first advanced by Tryggve Lie, the UN's first Secretary-General. Much of the support for the UN originally came from the notion that world wars could be ended only by surrendering national military capability to an international military force that could enforce a pax planeta. The Kennedy Administration issued a policy document that set forth a disarmament plan to reduce America's military capability while strengthening the UN's capability. The UN's peacekeeping force of recent years is a continuation of that policy. Speaking at Northwestern University, Carlsson said that "Talk of a UN Force tends to arouse fear of the UN becoming some kind of supranational body. Such concerns must give way to the very real advantages of the Security Council and the Secretary-General having at their disposal, for immediate deployment, well trained, motivated, and equipped peacekeepers." He pointed out that "at present it can take weeks, more often months, between the passage of a resolution in the Security Council and the arrival of the first elements of a peacekeeping force. Operationally and politically, that is unacceptable." To finance global governance, as it is envisioned by the Commission, a new source of income will be necessary. The Commissions's report identified several possibilities, but focused primarily on what has become known as the "Tobin Tax." This scheme would extract a small percentage of all international currency transactions. A minimal .05% would produce a staggering $1.5 trillion dollars annually - more than 150 times the current UN budget. Paul Martin, Canada's Finance Minister, favors such a tax, according to an article he wrote for the North-South Institute's Newsletter (Vol. 1, No. 1, 1997). He also presented the idea to a meeting of the G7 countries and said that Lloyd Bentsen, then U.S. Treasury Secretary, supported the idea. Gustave Speth, head of the United Nations Development Program, has been promoting the Tobin Tax since 1994. To implement such a tax, the UN must consolidate its control over the international financial machinery. The recommendation to create a new Economic Security Council would provide that control. In Maurice Strong's plan to reform the UN, he has announced the consolidation of all UN programs and organizations into five administrative departments. One of those new departments consolidates all of the financial organizations.
Among those attending the Davos conference were: Newt Gingrich, Hilary Clinton, Donna Shalala, Governor Christine Todd Whitman, Senators John Kerry, Orin Hatch, Congressmen Howard Berman, and Jim Kolbe. Major corporations represented include: CocaCola, Sara Lee, DuPont, TRW, 3M, Arco, the Perot Group, Texaco, Philips Petroleum, Pepsi, Xerox, Proctor & Gamble, Kemper International, Ford Motor, Case Corporation, and Dow Chemical. Few, if any, of the participants would recognize the event as another step toward global governance. More than 200 workshops and presentations expounded the benefits of greater control over the international money flow without discussing the negative consequences of global governance. Across America and around the world, conferences and campaigns are taking place on a daily basis, all designed to advance the ultimate objectives set forth in Our Global Neighborhood. The idea of global governance is marching forward and it is gaining momentum. At the international level it marches forward with each new treaty and declaration. At the national level, the campaign is disguised by terms such as "sustainable development," "ecosystem management," "Heritage rivers," "smog-check II" and the like. Global governance is not an event that will occur on a day certain at some point in the future. It
is a process that has been under way for several years, that has now gathered sufficient critical
mass to almost overwhelm those who resist. America is the only nation that can prevent global
governance -- as it did when the U.S. Senate refused to ratify the League of Nations. Whether or
not America still has the backbone to resist is an open question. The question will be answered,
one way or the other, before today's first-graders graduate. Will they be American citizens, or
citizens of our global neighborhood?
New Treaty In the MakingCovenant on Environment and DevelopmentFew people in America have seen Agenda 21. Even fewer have read it. It is a 288-page document, consisting of 40 chapters replete with "recommendations" that affect virtually every aspect of human life. Taken together, the recommendations, when fully implemented, constitute what is called "sustainable development." Agenda 21 is the Action Plan adopted at UNCED -- the United Nations Conference on Environment and Development -- in Rio de Janeiro in 1992. The United States was one of 179 nations that signed the document. It is a "soft-law document," meaning that it is not legally binding, and therefore, Congress has no reason to review or approve its content. Nevertheless, the recommendations contained in Agenda 21 are being implemented through two separate, but coordinated, initiatives: the President's Council on Sustainable Development (PCSD), and the International Council for Local Environmental Initiatives (ICLEI). Implementation is occurring through the promulgation of rules by federal agencies, and through the development of plans for "sustainable communities" at the local level. Recommendations from Agenda 21 are being implemented without the benefit of public debate by elected officials. Though many communities do not recognize it as such, a well-coordinated national effort is underway to transform America to conform to the principles set forth in Agenda 21. Although Agenda 21 is a soft-law document, it was, from the start, intended to be the precursor of an all-encompassing UN Treaty. The most recent iteration of that treaty has now been obtained and reviewed. It is called, in its present form, "Draft International Covenant on Environment and Development." It is organized into 11 parts, containing a total of 72 Articles. It will convert the "soft-law" recommendations of Agenda 21, into legally binding "hard" international law. Before examining the document itself, it is helpful to realize that the procedure for making international law has evolved since 1948 and is now recognized by the international community as the norm. The introduction to the Draft Covenant says: "The progression of legal principles from recommendatory `soft' to legally clear `hard' is well known in international law. For example, the 1948 Universal Declaration of Human Rights, a `soft law' instrument, was the precursor to the two 1966 UN Covenants on Human Rights." Similarly, the Vienna Convention on Ozone Depleting Substances was adopted and ratified as a treaty which required only that nations "monitor" substances thought to be ozone-depleting. The Conference of the Parties, then adopted the Montreal Protocol which made the treaty legally binding. The same process is being used to convert the "voluntary" Framework Convention on Climate Change into a legally binding "hard law" document through the Kyoto Protocol. The Covenant on Environment and Development is following the same path. The first call for an international treaty on environment and development came from the 1983 World Commission on Environment and Development, also known as the "Brundtland Commission." Their final report, published in 1987, entitled Our Common Future, recommended that the United Nations prepare "a new and legally-binding universal Convention [which] should consolidate existing and establish new legal principles, and set out the associated rights and responsibilities of States individually and collectively for securing environmental protection and sustainable development to the year 2000 and beyond." The International Union for the Conservation of Nature (IUCN) assembled a working group under its Commission on Environmental Law (CEL), under the chairmanship of Dr. Wolfgang E. Burhenne, in November,1989. They produced a draft text containing 88 provisions. A second meeting of the IUCN group met in March 1991, under the chairmanship of Dr. Parvez Hassan. The Draft Covenant was translated into six official languages recognized by the UN and provided to PrepComm Working Group III, then preparing for UNCED in Rio. The evolving Covenant then became the basis for the development of Agenda 21. From the start, Agenda 21 was intended to be a "soft law" document. Therefore, its ideas are presented in the form of recommendations with do discussion at all of compliance and enforcement. The Draft Covenant, however, does address those issues. A third meeting of the IUCN group was held shortly after UNCED to incorporate ideas presented in Rio into the Covenant. Two more meetings occurred, in April and September 1993. Both the Chairs of the IUCN's Ethics Commission and the IUCN's Species Survival Commission were invited to participate. The drafting committee met again in April, and September, 1994. While the IUCN is clearly the driving force behind the document, other organizations that participated in the development of the Covenant included the International Council of Environmental Law (ICEL); and the United Nations Environmental Programme's Environmental Law and Institutions Programme Activity Center (UNEP/ELIPAC). The current Draft Covenant was completed March, 1995, in Bonn, Germany. Like all recent UN Treaties, the language is somewhat vague and seeks to establish principles which may be interpreted in the future by the treaty's Conference of the Parties. Part I, Article 1 sets forth the Covenant's objective: "The objective of this Covenant is to achieve environmental conservation and sustainable development by establishing integrated rights and obligations."
The casual reader might miss the import of this Article: "...by establishing integrated rights and obligations." This Article clearly illustrates the difference between the UN's concept of governance and America's concept of governance. America recognizes that humans have certain "inalienable" rights, among which is the right to create a government controlled by the people who are governed through representatives who are elected by the people who are governed. Inalienable rights are limited; obligations are accepted in America only with the consent of the people who are governed. The People who are governed retain the right to cast off any limitation on their rights or any obligation they may have previously accepted, simply by electing a new batch of representatives. The Covenant, on the other hand, assumes that "rights" are granted by government, and that people to whom rights are granted "owe" certain obligations to government as may be prescribed by government. This concept of governance is the prevailing view held by most of the world. The American view is beyond the comprehension of most of the world's peoples. Even in nations that are described as "social democracies," it is assumed that government is the source of human rights. This is an exceedingly important principle of governance that America has failed to advance in the international community. In fact, the UN's concept of governance is eroding the traditional American view of governance every time America embraces a UN treaty. The President's Council on Sustainable Development, too, is operating on the UN principle, by-passing Congress and other elected officials, as it implements the recommendations of Agenda 21. Part II of the Covenant includes Articles 2 through 10 which set forth the primary principles on which the Covenant is based. Most of the principles are at odds with traditional American values. For example, Article 2 declares that: "Nature as a whole warrants respect; every form of life is unique and is to be safeguarded independent of its value to humanity." This principle replaces the anthropocentric world view with a biocentric world view. Historically, Americans have believed that human life is the supreme value aside from the creator of all life; that human beings are at the top of the food chain. Americans have believed that human beings are creation's crowning jewel, that, ultimately, all species (natural resources) are available for human use. The biocentric world view holds that humans have no value greater than any other species and that all species -- including humans -- have equal rights. This biocentric view has been officially adopted by the U.S. Department of Interior, which, in its Ecosystem Management Policy, states that "in all ecosystem management activity, human beings shall be considered as a biological resource." The "Precautionary Principle" is codified in Article 7. The same idea is expressed in Principle 15 of Agenda 21. It is the idea that policy action should not wait on scientific justification if "government" decides that a "threat" to the environment exists. Article 8 (Principle 3 in Agenda 21) declares that the "right" to development is accompanied by the "obligation" to meet environmental and "equity" needs -- as determined by non-elected government policy makers. Article 10 writes into international law "The elimination of unsustainable patterns of production and consumption..." again, as determined by non-elected government policy makers. Maurice Strong, Secretary-General of UNCED, and now, Executive Coordinator of UN Reform, declared in Rio that single family homes, air conditioning, and automobiles -- are not sustainable. Part III sets forth the general obligations. Article 11 declares that "States have, in accordance with the Charter of the United Nations and the principles of international law, the sovereign right to utilize their resources...." This article clearly establishes the United Nations Charter and the "principles of international law" as superior to national sovereignty. Moreover, the Article also sets forth specific "obligations" which include the obligation to "protect and preserve the environment." Article 12 describes the obligations of individuals: "All persons have a duty to protect and preserve the environment." Article 13 requires "Parties shall pursue sustainable development policies aimed at the eradication of poverty...[and] the conservation of biological diversity." Part IV (Articles 16 through 22) says States "shall restrict human activities which modify, or are likely to modify..." stratospheric ozone, global climate, the soil, water, natural systems, biological diversity, and cultural and natural heritage. Part V, in three Articles, deals with measures to prevent environmental harm, pollution, waste generation, and the introduction of "alien" organisms. Part VI deals with global issues. Article 27 focuses on "demographic" policies. Each state Party is required to "provide to their populations full information on the options concerning family planning." Article 28 requires "strategies to reduce or eliminate unsustainable patterns of consumption." Article 29 requires the eradication of poverty and "food security." Article 30 requires pricing of raw materials and commodities to "reflect the full direct and indirect social and environmental costs of their extraction, production, transport, marketing, and disposal." Responsibility and LiabilityThe Covenant is quite comprehensive. It writes into "hard" international law virtually all of the recommendations of Agenda 21, and many new ideas. Part IX deals with "Responsibility and Liability." The following articles speak for themselves. Article 47 - State Responsibility "Each State Party is responsible under international law for the breach of its obligations under this Covenant or of other rules of international law concerning the environment." Article 48 - State Liability "Each State Party is liable for significant harm to the environment of other States or of areas beyond the limits of national jurisdiction, as well as for injury to persons resulting therefrom, caused by acts or omissions of its organs or by activities under its jurisdiction or control." Article 49 - Cessation, Restitution and Compensation "Each State Party shall cease activities causing significant harm to the environment.... Where that is not possible, the State Party of the origin of the harm shall provide compensation or other remedy for the harm." Article 50 - Consequences of Failure to Prevent Harm "Each State Party may be held responsible for significant harm to the environment resulting from its failure to carry out the obligations of prevention contained in this Covenant, in respect to its activities or those of its nationals." Article 52 - Civil Remedies "Parties shall ensure the availability of effective civil remedies that provide for cessation of harmful activities as well as for compensation to victims of environmental harm irrespective of the nationality or the domicile of the victims." Article 53 - Recourse under Domestic Law and Non-Discrimination "Each State Party of origin shall ensure that any person in another State Party who is adversely affected by transboundary environmental harm has the right of access to administrative and judicial procedures equal to that afforded nationals or residents of the State Party of origin in cases of domestic environmental harm." Article 54 - Sovereign Immunity "Parties may not claim sovereign immunity in respect of proceedings instituted under this Covenant." Article 55 - Beyond National Jurisdiction "The provisions of Articles 47 to 54 may be invoked by any affected person for harm to the environment of areas beyond national jurisdiction." Disputes arising from the Covenant are to be settled either by an arbitral tribunal, the Permanent Court of Arbitration, the International Court of Justice, and the International Tribunal for the Law of the Sea. As has become the custom of UN Treaties, Article 69 provides that "No reservations may be made to this Covenant." This is the UN Treaty that will move the world into the clutches of global governance. All the other "soft law" documents and specific purpose treaties are simply steps toward global governance. The Covenant on Environment and Development clearly identifies the destination to which all the other documents are leading. Our State Department is fully aware of this Covenant, and the other activities of the IUCN which has developed this Covenant. In fact, the U.S. State Department contributes more than $1 million per year to the IUCN, a non-governmental organization (NGO), that coordinates the activity of more than 550 other NGOs toward the development and implementation of global governance. It is not yet known when the UN intends to roll-out this Covenant for public consideration. The Millennium celebration planned for the year 2000, during which the first meeting of the new "Assembly of the People" will meet, could be the occasion. The Assembly of the People will consist of selected representatives from NGOs that are "accredited" by the United Nations. Global governance is not an event that will occur on a day certain in the future. It is a process that has been underway for several years and will become a fact before most Americans realize that it is a threat. - ecologic staff
Sustainable CommunitiesUnder construction everywhereSustainable Development is defined as meeting today's needs without compromising the ability of future generations to meet their own needs. Sustainable Development is, in fact, the process by which societies are being reorganized around the central principle of protecting the environment -- as called for by Al Gore in his 1992 book, Earth in the Balance. It is a process that originated in the international community and is now sweeping across America, encompassing small towns and large cities, without legislative authority or legal definition. Congress has never defined, debated nor approved a national policy of sustainable development. Nevertheless, the Executive Branch of the federal government is promoting and implementing the principles of sustainable development through each of its agencies.
More often than not, the "visioning" process in local communities tries to avoid any connection to the UN or to Agenda 21 by adopting positive-sounding names such as "Environment 2000" as in Steamboat Springs, Colorado. In Dover-Foxcroft, Maine, the program is called "Economic Renewal." All sorts of names are used to camouflage the UN's influence on public policies that are being developed for every American city. Regardless of names used to describe the process, the end result looks very similar, whether in Santa Cruz, Birmingham, or St. Louis. More often than not, the participants in the visioning process are unaware that they are being led through the "collaborative consensus process" to conclusions that were reached in Rio de Janeiro in 1992. Professional facilitators are used to lead selected individuals through a process that is intended to validate the recommendations advanced in Agenda 21, while appearing to be the ideas and conclusions of the participants. Both the process and the product are the invention of the United Nations. The process is called consensus building; the product is called a sustainable community. The purpose of the process is to avoid the possibility of rejection by elected officials; the purpose of the product is to create the legal mechanism for managing the lives and affairs of people. The consensus process in every community must have a starting point. While each community's program may evolve differently, each has common characteristics. An individual or an organization affiliated with one or more of the three major international NGOs will assume the responsibility of initiating the process. (The three major international NGOs are: the International Union for the Conservation of Nature [IUCN]; the World Wide Fund for Nature [WWF]; and the World Resources Institute [WRI]). The initiating organization will sponsor a meeting to which leaders of other NGOs, individual businessmen and other respected community leaders are invited. Frequently, state and federal agency officials are invited. Where there is an elected official with an acceptable environmental track record, he too, is invited. During the initial meetings of the group, care is taken to deliberately exclude individuals who are known to advocate Constitutional values such as private property rights. The EPA and other federal agencies offer grants to organizations that undertake the visioning process. Frequently the ad-hoc group will organize itself as a not-for-profit organization in order to apply for federal and/or foundation grants. Once funded, the organization is institutionalized and the process of developing a long-range plan for the creation of a sustainable community is underway.
Whatever the program is called in any community in the country, the outcome will be the same. Recommendations will be developed which call for a reduction of fossil fuel energy use with specific recommendations to apply special taxes to fuels and to automobiles based on miles driven. Mass transit, bicycle and pedestrian paths are called for, while automobile travel is penalized. Education is to include "lifelong learning" opportunities and embrace principles of "sustainable" living. Land use is to be strictly governed to prevent "urban sprawl" and to provide for "ecosystem management" -- irrespective of the wishes of private property owners. It is nothing short of amazing that the various plans from the various communities all come out looking so much alike, and so much like the recommendations contained in Agenda 21. One of the usual features of these sustainable communities plans is that they tend to be
"transboundary." That is, they tend to embrace more than one political jurisdiction, frequently
taking several counties into the plan area. The Charlotte, North Carolina plan, for example,
addresses a multi-county area that is described as "one region, one economy, one environmental
area, and one society." When such a plan is developed, the organization promoting the plan can
call on the local governments within the plan area to enter into a Memorandum of Agreement
that allows the organization to review any and all local proposals for coordination with the
overall plan. Too frequently, local city councils, or county commissions, are reluctant to adopt
programs or policy proposals that are not "approved" by the coordinating organization.
Federal programs such as the American Heritage Rivers Initiative, the Vice President's Watershed Initiative, the Department of Transportation's Scenic By-ways Program, and several others, are woven into the fabric of the sustainable community vision. Jacksonville Mayor, John Delaney is actively seeking recognition of the St. Johns River as an American Heritage River without realizing that such a designation would give the coordinating organization the authority to actually set land use and river use policy, thereby by-passing the elected officials who are elected expressly to make such policy decisions. He thinks that the American Heritage Rivers Initiative is nothing more than a "beauty contest" to recognize America's great rivers. Were he to read Agenda 21, and Sustainable America: A New Consensus, he might realize that the program is just another innocent-sounding effort to strip local elected officials of their governing power and transfer that power to non-elected bureaucrats and non-governmental organizations, operating at the behest of federal agencies that are operating at the behest of the United Nations. Across the land, Agenda 21 is being implemented. Elected officials at every level are being co-opted by the sophistication of a well-devised international strategy that is being implemented locally. Absent from all these visions of the future are the fundamental values on which America was built: freedom for individuals to live where they choose, drive what they choose, and do what they choose. Present in all these visions of the future is the notion that Maurice Strong advanced during the Rio conference in 1992: "We cannot pursue our futures soley as isolated individuals or as isolated sovereign nations." Sustainable communities will ensure that individuals and nations pursue the future only along the paths deemed "sustainable" by those self-appointed bureaucrats who think they know what is best for the world. -ecologic staff
FEDERAL LAND USE CONTROLPrivate ownership of landThe hope of land ownership is the compelling force that brought people to America from the oppression of governments around the world. The right to own property is one of those "inalienable rights" described by Jefferson in the Declaration of Independence. The right to own land is a "natural right" demonstrated throughout nature. The term "own" land must be defined as the power to control the use of land. Throughout nature, every member of every species "owns" land. That is, every species in the universe controls the use of the space, and the resources contained therein, it requires to sustain its life. It controls that space until it is usurped by another. Such is the law of nature. As early as 1651, Thomas Hobbes decried the plight of man living under the theory of natural law as "solitary, poore, nasty, brutish, and short." His solution: "The control of power must be lodged in a single person, and no individual can set their own private judgments of right and wrong in opposition to the sovereign's commands."1 The sovereign, according to Hobbes, with absolute authority and power, could delegate land and resource use for the benefit of all. John Locke countered the Hobbesian thought in 1690 with the idea that unowned things (resources) are not owned in common under the authority of the sovereign, but that ownership of any unowned thing belongs to its first possessor.2 Locke says: "...every man has a property in his own person; this nobody has any right to but himself. The labour of his body and the work of his hands we may say are properly his."3 Man has no less natural right to space, and the resources contained therein, than any other species. Man, however, created a mechanism to minimize the constant conflict among humans for the use of land. The mechanism that evolved is called government. With few exceptions in all of history, government became the usurper, and granted land use to favored citizens and denied land use to others, which Hobbes recognized and described in Leviathan. It was just such a system of government-granted favors and denials that motivated oppressed people to challenge the vast oceans and untamed wilderness of the new continent, in hopes of securing land under the Lockean concept of "ownership by first possession." There can be no question that the founding fathers held private ownership of land to be a natural right co-equal to the right of free speech, and the right to worship freely. Nor can there be any question that the first purpose of the government created by the founding fathers was to protect those "inalienable rights," including the right of individuals to own, and control the use of, private property, whether acquired by "first possession" or by contract from first possessors. The Northwest Ordinance of 1785 set the procedure for distributing lands acquired by the federal government to private ownership. A minimum price of $1 per acre was stipulated. By 1862, not enough land had been transferred to private ownership, so Congress implemented the Homestead Act, which gave 160 acres to anyone who would live on the land for five years. The Act also provided for the purchase of land for $1.25 per acre after a six month residency. The Timber Culture Act of 1873 and the Desert Land Law of 1877, both provided for free transfer of government land to private ownership. For the first 150 years, the objective of American land policy clearly was to get government land into private ownership. Progressive forces, as early as 1871, urged Congress to set aside forest land for protection from "robber barons." Twenty years later, Congress obliged with the Forest Reserve Act of 1891. By 1908, Theodore Roosevelt, and his natural resources advisor, Gifford Pinchot, extended forest protection to more than 132,000,000 acres, 88% of today's reserves.4 The distribution of government land to private ownership ended with the Taylor Grazing Act of 1934. The official policy of "public domain" lands was set in concrete in 1976 with the Federal Land Policy and Management Act. Throughout much of this century, and particularly since 1970, federal land policy has shifted a full 180 degrees. Originally, the policy was to promote private land ownership to the extent of giving land to individuals. Then the policy shifted to locking up the remaining federal lands for the "public domain." Then the policy shifted to acquiring more land to expand the "public domain." And now, the policy is rapidly shifting toward absolute government control of all lands, both public and private. Driving Public PolicyAmerican land policy has been driven by a parade of identifiable people who see free enterprise and private property rights as an obstacle to be overcome rather than as a value to be protected. The idea of "conservation" had emerged by 1900, when both political parties endorsed the concept. The concept, though, was not clearly defined. To John Muir, who founded the Sierra Club in 1892, conservation meant preservation. To Gifford Pinchot, conservation meant federally regulated use of resources on public land. The battle between Muir's preservation ideas and Pinchot's federally regulated conservation ideas came to a head over the Hetch Hetchy Dam. Pinchot won in 1909, and the dam was built. For the next fifty years, the federal government pursued a land policy of federally regulated use of resources on public lands. The Sierra Club led the growth of the preservation movement which became the modern environmental movement, dominated by three international NGOs (non-governmental organizations): the International Union for the Conservation of Nature (IUCN); the World Wide Fund for Nature (WWF); and the World Resources Institute (WRI). Robert Marshall, Aldo Leopold, and Benton Mackaye founded The Wilderness Society. Mackaye was a member of the Socialist Party that supported Eugene V. Debs. Marshall joined the Socialist Party of Norman Thomas which was more radical than the Debs group.5 In 1933, Robert Marshall published The People's Forests, which advocated the confiscation of privately owned forest land. Another dam project in Echo Park in Western Colorado and Eastern Utah unified a growing number of preservation groups in the 1950s. The Wildlife Management Institute, the National Audubon Society, and the Izaak Walton League joined the Sierra Club and the Wilderness Society to defeat the construction project. Howard Zahniser of the Wilderness Society was the primary lobbyist in Washington. Howard Zahniser was also the driving force behind the Wilderness Act of 1964.6 The Act set aside nine million acres to be forever preserved as wilderness. Since then, more than 100 million acres have been added to the wilderness inventory. The preservationists gained more strength with the 1970 "Earth Day" organized by Senator Gaylord Nelson (D-WI), who left the Senate to become an advisor to The Wilderness Society. The preservation movement came together to produce a series of documents, funded by the Rockefeller Brothers Fund, which set forth the preservationists' agenda. The first, The Use of Land: A Citizen's Policy Guide to Urban Growth, published in 1972, was edited by William K. Reilly, who served as EPA Administrator under George Bush. The document begins with a quote from Aldo Leopold: "It is time to change the view that land is little more than a commodity to be exploited and traded. We need a land ethic that regards land as a resource which, improperly used, can have the same ill effects as the pollution of air and water, and which therefore warrants similar protection."7 The second document, entitled The Unfinished Agenda, was published in 1977 to "enlist the collective expertise of sixty-three leading environmentalists...to identify and describe the most critical problems...."8 The final document in the series, Blueprint for the Environment, was 1500 pages containing 730 specific recommendations delivered to President-elect, George Bush on November 30, 1988. The document was prepared by: The Wilderness Society, Sierra Club, National Audubon Society, The Nature Conservancy, National Wildlife Federation, Izaak Walton League, Friends of the Earth, Zero Population Growth, Environmental Defense Fund, and other NGOs, all affiliated with one or more of the three international NGOs.
The proponents of federal land use control didn't abandon their dream. They simply fell back to regroup and plan another strategy to achieve absolute control of private property in America. Administrative expansion of the Clean Water Act of 1972, and the Endangered Species Act of 1973 have served as effective federal land use control devices. Both land use policies came about as the result of conforming American laws to meet the requirements of UN treaties. Ocie Mills, John Poszgai and Bill Ellen, all served prison sentences for minor infringements of wetland policy, to serve as examples to other land owners who dared to use their own property which the federal government declared to be "waters of the United States." Thousands of other land owners have been prevented from using their own land because a usurping government invoked the federal land use control device - wetlands. The Endangered Species Act has had a similar chilling effect on the use of both federal and private lands. The spotted owl has never been in danger of extinction.10 Andy Stahl, of the Sierra Legal Defense Fund, told a conference at the University of Oregon, in 1988, that the spotted owl was just a "surrogate" to stop timber harvests until "Congress [has] a chance to provide specific statutory protection for those forests."11 The National Audubon Society, the Wilderness Society and other NGOs initiated litigation that has prevented any use of millions of acres of prime timberland. Stephen McCabe, chairman of a California NGO, opposed the expansion of Quail Hollow quarry. To block the company's expansion, he has proposed that the Mount Hermon June beetle be listed as an endangered species. He readily admits: "My goal is to protect the habitat...The best route at present is to try to get individual species listed and by doing that get protection for the habitat."12 In Orange County California, the Natural Resources Defense Council used the Gnatcatcher to stop a highway project and other development on 400,000 acres until Judge Stanley Sporkin ruled that the Gnatcatcher had to be removed from the endangered species list because it was not endangered.13 Nevertheless, continued negotiations between environmental NGOs and local government resulted in a "Multiple Species Conservation Plan" that locks up 172,000 acres "of meaningful open space."14 The hind legs on Tipton Kangaroo rats are one one-hundredth of an inch longer than the hind legs of a Herman's Kangaroo rat. The Tipton is listed as "endangered;" the Hermon is not. Taung Ming-Lin had never heard of either when he bought a 720 acre farm near Bakersfield, California. Mary Mason knew both species well. When she saw a tractor discing land owned by Ming-Lin, but used by the Tipton rat, she brought down a covey of 20 state and federal regulators on the Ming-Lin farm, took the tractor and disc into custody, and threatened Ming-Lin with a $300,000 fine - whereupon he had a stroke.15 The federal government, driven by NGOs, has found inventive ways to control the use of private land and private property - jailing land owners and suing tractors. The Ecosystem Management Plan, adopted by federal government agencies, eliminates the need to identify wetland or endangered species as an excuse to control land use. It will empower NGO-spawned federal bureaucrats to control every square inch of land in America. The objectiveThe ultimate objective of the NGOs is to implement the policies of the United Nations as published in the Convention on Biological Diversity, the Global Biodiversity Assessment, Agenda 21, and other treaties and documents. The objective is so bizarre, so foreign to the ideas of Jefferson and Madison, the ideas on which America was founded, that free market property rights advocates have discounted their ideas as the lunatic fringe of the environmental movement. The preservationist objective is only suggested by Aldo Leopold in his 1949 Sand County Almanac. He says: "We are only fellow-voyagers with other creatures in the odyssey of evolution." An awareness of which "changes the role of Homo sapiens from conqueror of the land-community to plain member and citizen of it."16 Dave Foreman, father of the Wildlands Project, sheds more light on the ultimate objective of the preservationists: "We should demand that roads be closed and clearcuts rehabilitated, that dams be torn down, that wolves, grizzlies, cougars, river otters, bison, elk, pronghorn, bighorn sheep, caribou and other extirpated species be reintroduced to their native habitats. We must envision and propose the restoration of biological wildernesses of several million acres in all of America's ecosystems, with corridors between them for the transmission of genetic variability. Wilderness is the arena for evolution, and there must be enough of it for natural forces to have free rein."17 He also says: "...it boils down to the question of whether private property (and those dollars or jobs the property represents) or natural ecosystems are more valuable. Although most people in this country (myself included) respect the concept of private property, life - the biological diversity of this planet - is far more important."18 Foreman's dream of massive wilderness in America is not a private fantasy. Bill Devall says, in Deep Ecology, "The entire continent of Antarctica should be zoned as wilderness. In the United States, tens of millions of acres should be zoned wilderness with rigid restrictions on industrial developments."19 David Brower, former director of the Sierra Club and founder of Friends of the Earth, says: "Man needs an Earth International Park, to protect on this planet what he has not destroyed and what need not be destroyed. In this action, all nations could unite against the one real enemy - Rampant Technology."20 Philosopher, John Phillips says: "The biosphere as a whole should be zoned, in order to protect it from the human impact. We must strictly confine the Urban-Industrial Zone, and the Production Zone (agriculture, grazing, fishing), enlarge the Compromise Zone, and drastically expand the Protection Zone, i.e. wilderness, wild rivers. Great expanses of seacoast and estuaries must be included in the Protection Zone, along with forests, prairies, and various habitat types. We must learn that the multiple-use Compromise Zone is no substitute, with its mining, lumbering, grazing, and recreation in the national forests, for the scientific, aesthetic, and genetic pool values of the Protection Zone. Such zoning, if carried out in time, may be the only way to limit the destructive impact of our technocratic industrial-agri-business complex on earth."21 Gary Snyder, Pulitzer Prize winning poet, says: "If man is to remain on earth he must transform the five-millennia-long urbanizing civilization tradition into a new ecologically-sensitive harmony-oriented wild-minded scientific/spiritual culture...nothing short of total transformation will do much good."22 The wilderness objective is promoted throughout the literature of the environmental movement. Dave Foreman, one of the more articulate spokesmen for the movement, has substantially advanced his dream. Until 1980, Foreman was a lobbyist for The Wilderness Society. Unhappy with the progress being made, he resigned and created Earth First! He published Ecodefense: a Field Guide to Monkeywrenching, and Confessions of an Eco-Warrior. His next venture was the creation of the Cenozoic Society, which publishes Wild Earth. In an 88-page special issue, entitled "The Wildlands Project", published with funds from the Hati Foundation for Deep Ecology, Foreman distributed 75,000 copies of his vision for land use in America. The mission of The Wildlands Project is: "To stem the disappearance of wildlife and wilderness we must allow the recovery of whole ecosystems and landscapes in every region of North America. Allowing these systems to recover requires a long-term master plan. Our vision is simple: we live for the day when Grizzlies in Chihuahua have an unbroken connection to Grizzlies in Alaska; when Gray Wolf populations are continuous from New Mexico to Greenland; when vast unbroken forests and flowing plains again thrive and support pre-Columbian populations of plants and animals; when humans dwell with respect, harmony, and affection for the land; when we come to live no longer as strangers and aliens on this continent."23 The plan itself was devised by Reed F. Noss, who holds a Ph.D. in wildlife ecology from the University of Florida, who is a research scientist at the University of Idaho, a research associate at Stanford University, and is a member of the Board of Directors of The Wildlands Project. Noss says: "Most conservation biologists agree that compatible human uses of the landscape must be considered...However, the native ecosystem and the collective needs of non-human species must take precedence over the needs and desires of humans."24 The plan calls for a biological survey to identify and catalog plant and animal populations. It calls for the designation of "at least 50% of the land area" as "core reserves" surrounded by an "inner buffer zone" and surrounded again by an "outer buffer zone," almost exactly like that described by John Phillips above. The reserve areas are to be connected by corridors that could be several hundred miles wide. Noss says: "Eventually, a wilderness network would dominate a region and thus would itself constitute the matrix, with human habitations being the islands." He says that specific actions to be taken include: "...land and mineral rights acquisitions, Wilderness or other reserve designations on public lands, road closures, cancellation of grazing leases and timber sales, tree planting, dam removals, stream dechannelization, and other restoration projects. In many cases, private lands will need to be acquired and added to national forests and other public lands in order to serve as effective buffers." Noss acknowledges that his work was prepared under contract with the National Audubon Society and The Nature Conservancy.25 The Global Biodiversity Assessment, an 1140-page document published by Cambridge University Press for the United Nations Environment Program (UNEP), for those concerned with the implementation of the Convention on Biological Diversity, explicitly identifies the "Wildlands Project," as central to the preservation of biodiversity required by the Convention.26
To achieve this massive objective, Michael E. Soule, a member of The Wildlands Project Board, and a teacher in the Environmental Studies Department at the University of California, preaches a policy of patience. Rather than take a rancher's land, he suggests getting the rancher involved in a watershed council, or similar local group and "teach" him the tax benefits of donating his land to a conservancy after his death. He says: "...we must hurry to plan the system and the strategy. Some protective actions cannot wait. Some pieces and parts can wait as long as the plan is well conceived and is being implemented systematically. The goal should be staying the course, not setting a speed record." The plan: Ecosystem ManagementAfter the flop of the FLUP (Federal Land Use Planning) Act in the mid 1970s, NGOs realized that seduction might be more effective than rape. A new strategy was devised: go to the U.N. for help, and infiltrate the government. The Carter administration provided the opportunity for implementation of both initiatives. The President's Council on Environmental Quality sponsored a "Forum on Preservation of Farmland," which determined that: "The greatest need is to create a federal policy. This can be done by various tax and regulatory schemes. Another way is for the community to become part-owner in the land. A third way, well tested in Europe, is for the community to intervene in the actual market of land buying and selling."27 Stanley D. Shift, head of the U.S. Delegation to the U.N. Habitat Conference, participated in the Forum, and in the U.N. Habitat Conference. The Conference report begins: "Private land ownership is a principal instrument of accumulating wealth and therefore contributes to social injustice. Public control of land is therefore indispensable." The Conference recommended: "Public ownership of land is justified in favor of the common good, rather than to protect the interests of the already privileged."28 (See ecologic, January/February, 1997 for a complete report of the UN Conference on Human Settlements in Vancouver, BC, 1976.) The Carter administration welcomed the environmental seducers into policy-making positions. In the Department of Interior, Under Secretary, Barbara Heller, and water specialist, Joe Browder came from Ralph Nader's Environmental Policy Center. Assistant Secretary, Cynthia Wilson came from the National Audubon Society. Assistant Secretary, Robert Herbat came from the Izaak Walton League. Attorney James Moorman came from the Sierra Club, Solicitor John Leshey, from the Natural Resources Defense Council.29 The Reagan administration cleaned house and replaced the Carter policy-makers with people such as James Watt from Mountain States Legal Foundation. The environmental community organized a national campaign against Watt, even before his confirmation, and eventually forced his resignation. The ground lost by NGOs to the Reagan administration was recovered in part during the Bush years, most notably through the appointment of William Reilly as EPA administrator, who came directly from his position as head of the World Wildlife Fund. (The man he replaced, Russell Train, became Chairman of the World Wildlife Fund). The Clinton administration reopened the doors to NGOs, and in marched an army of enviromentalists. Bruce Babbitt, Secretary of the Department of Interior, formerly headed the League of Conservation Voters. Assistant Secretary, George Frampton, formerly presided over The Wilderness Society, the same Wilderness Society founded by avowed Socialists Robert Marshall and Benton MacKaye. Several others in the Clinton administration were recruited directly from NGOs.30 This formidable array of environmental buraucrats is commanded by Vice President, Al Gore, not President Clinton. Gore immediately named his former assistant, Carol Browner, to head the EPA, and another assistant, Katie McGinty, to head the White House Office on Environmental Policy. Gore initiated the National Performance Review (NPR) which was sold as the "reinvention of government." Gore, as Senator, apologized at the Earth Summit in Rio de Janeiro for President Bush's failure to sign the Biodiversity Treaty, and then as Vice President, applauded Bill Clinton's signature binding America to a world wide environmental agenda under the control of the United Nations. Despite the U.S. Senate's refusal to ratify the Convention on Biological Diversity, the administration's Ecosystem Management Policy is implementing the Convention's requirement to control of the use of all land, both public and private, to achieve the objectives of the United Nations. ecologic staff Endnotes 1. Richard A. Epstein, Takings: Private Property and the Power of Eminent Domain, Harvard University Press, Cambridge, Massachusetts, p.2f. 2. Ibid, p.10. Epstein's discussion of emerging philosophies provides an excellent foundation for tracking the continuing conflict of philosophies which underlie land use policies. 3. Ibid, p.11. 4. Jo Kwong Echard, Protecting the Environment: Old Rhetoric, New Imperatives, Capitol Research Center, Washington, DC, p.7. 5. Ibid, p.13, 203. 6. Dave Foreman, Confessions of an Eco-Warrior, Harmony Books, New York, 1991, p. 179. 7. Ron Arnold and Alan Gottlieb, Trashing the Economy, Free Enterprise Press, Bellevue, Washington, p.20. 8. Echard, Op Cit, p.20. 9. Hearings before the Subcommittee on Economic Growth and Stabilization of the Joint Economic Committee, Ninety-fifth Congress, June 7 and 13, 1977, p. 154ff. 10. Gregg Easterbrook, "The Spotted Owl Scam: Was industry destroyed for a bird in no danger?" The Sacramento Bee, April 24, 1994. 11. Andy Stahl, Sierra Legal Defense Fund, Transcript of speech presented to Western Public Interest Conference, University of Oregon School of Law, Eugene, Oregon, March 5, 1988. 12. John Bessa, "Expert bugged by proposed listing," Santa Cruz County Sentinel, June 27, 1994. 13. "Straining at a gnatcatcher," Sacramento Bee, May 20, 1994. 14. Dianne Jacob, Supervisor, San Diego County, "MSCP: Balancing Economic Growth & The Environment," September 1997. 15. United States of America v. One Ford Tractor, Model 8630 #A927242, One Towner Offset Disc, Model A248 #24C665, Eastern District, U.S. District Court, #CV-F-94-5315. 16. Bill Devall and George Sessions, Deep Ecology, Peregrine Smith Books, Salt Lake City, 1985, p. 85. 17. Dave Foreman, Op Cit, p.7. 18. Ibid, p.121. 19. Devall, Op Cit, p. 30. 20. David Brower, Introduction to "Galapagos: The Flow of Wilderness," 1968. 21. Devall, Op Cit, p. 124. 22. Ibid, p.171. 23. "The Wildlands Project," Wild Earth, Special Issue, 1992, p.3. 24. Ibid, p.13. 25. "The Wildlands Project," Op Cit, p.21. 26. Global Biodiversity Assessment, (Cambridge University Press, 1995,) p. 993. 27. David A. Witts, Theft, La Verne University Press, La Verne, California, 1982, p. 15. 28. Report of the UN Conference on Human Settlements, Agenda Item 10, "Preamble," Vancouver, BC, May 31-June 11, 1976. 29. Environmental organizations represented in the Carter administration also include: Sheldon Novick, publisher of Environment Magazine, David Hawkins, from the Natural Resources Defense Council (NRDC), Gustave Speth from NRDC, Gerald Barney from Environmental Agenda, Marion Edey, from the League of Conservation Voters, Kathy Fletcher, from the Environmental Defense Fund (EDF), Rupert Cutler, from The Wilderness Society, George Davis, from The Wilderness Society, Dennis Hayes, Earth Day organizer, and EPA Administrator, Doug Costle, from Connecticut's Environmental Protection Department, who said: "The fervor of the sixties has evolved into the environmental institution of today. Environmentalists today carry calculators instead of pickets. The street leaders of Earth Day have become the institution leaders of today. In fact, many of them are now EPA administrators." Source: David A. Witts, Theft. 30. Clinton administration policy-makers from environmental organizations include:
Source: "Organization Trends," published by the Capital Research Center, September, 1993. After Kyoto:
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