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Journal of Political Inquiry Fall 2014

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<strong>Fall</strong> Issue | <strong>2014</strong>


Nauru: An Experiment<br />

By Hannah Thomas<br />

Nauru is an island country <strong>of</strong> less than 10,000 people, and with a landmass <strong>of</strong> a mere twenty-one<br />

square kilometers, tucked <strong>of</strong>f the shore <strong>of</strong> Sydney, Australia. In October <strong>2014</strong>, the nation found<br />

itself featured in The Economist for its imminent descent into bankruptcy. 1 In many ways Nauru can<br />

be used as a case study to understand the insufficiencies <strong>of</strong> democracy, if democracy is merely<br />

defined by elections and representation. Despite Nauru’s democratic governance structure, which<br />

includes a unicameral parliament, elected representatives, and recognition <strong>of</strong> civil liberties, the<br />

country still faces multifaceted instability. Its democratic institutions fall short <strong>of</strong> helping to protect<br />

liberty and property as seen in Nauru’s impending bankruptcy. Moreover, the entire country is an<br />

interesting case because unlike most failed democracies that can attribute failure to political, ethnic,<br />

or social violence, Nauru has none <strong>of</strong> these conflicts but is still at high risk <strong>of</strong> being a failed state. It<br />

is a democratic country that is confronting myriad social and economic problems that threaten its<br />

sovereignty and the legitimacy <strong>of</strong> its government—not too different from the political and economic<br />

challengers that arose in a nascent United States <strong>of</strong> America. Finally, the potential <strong>of</strong> other countries<br />

(which have more significant involvement in international markets) with such problems could be a<br />

threat to international stability. The following serves as an examination <strong>of</strong> the political, economic,<br />

and social implications <strong>of</strong> a small island state that finds itself confronting exceptional risks to<br />

national stability.<br />

The political condition <strong>of</strong> Nauru can perhaps best be described as paradoxical. Freedom<br />

House accords Nauru the highest rating for being based on representation and free elections 2 as the<br />

country operates under a Westminster system bequeathed by its colonial rulers. 3 Despite this<br />

“freedom,” Nauru is ravaged by government corruption. The system has generated numerous<br />

changing <strong>of</strong> the guards in the past decade alone which has resulted in political instability amidst<br />

allegations <strong>of</strong> political corruption, legislative stalemate, and no-confidence votes. In order to break<br />

1"Closing Down." The Economist. October 04, <strong>2014</strong>. http://www.economist.com/news/asia/21621873-dismal-tale-oneremotest-nations-closing-down<br />

2 Freedom In The World <strong>2014</strong>: Nauru. Report. Freedom House. Accessed November 03, <strong>2014</strong>.<br />

http://www.freedomhouse.org/report/freedom-world/<strong>2014</strong>/nauru-0#.VDs7xPnF9aQ<br />

3 Australia. Department <strong>of</strong> Foreign Affairs and Trade. Nauru's Country Brief. Accessed November 03, <strong>2014</strong>.<br />

http://www.dfat.gov.au/geo/nauru/nauru_brief.html


the legislative stalemate the government had to introduce legislation to bring the number <strong>of</strong><br />

parliamentary seats to an odd nineteen. 4<br />

Nauru’s unicameral Westminster system <strong>of</strong> government has very little checks and balances.<br />

The only accountability mechanism occurs when the government is pushed out through a noconfidence<br />

vote or popular elections. Moreover, 3 years as a time span for implementing policies is<br />

very short. Therefore, it is no surprise that the government’s policies cater to the whims <strong>of</strong> voters.<br />

When a large sector <strong>of</strong> the economy is public, as in Nauru, political accountability is inextricably<br />

linked to economic decisions, therefore political risk is dependent on economic risk.<br />

Historically, Nauru’s economy was largely reliant on the fossilized droppings <strong>of</strong> seabirds,<br />

industrially known as phosphate deposits. Regrettably, the island’s phosphate reserves were mostly<br />

plundered by colonial rulers. Despite this, when Nauru finally threw <strong>of</strong>f the shackles <strong>of</strong> colonialism<br />

in 1968, the country was still financially sound. 5 The Economist reports that, “After independence in<br />

1968, phosphate exports briefly put Nauruans, per head, among the world’s richest people.” 6 But the<br />

policies <strong>of</strong> successive governments failed at rehabilitating the land, diversifying their economy and<br />

investing wisely in the years <strong>of</strong> abundance. Initially, phosphate revenues contributed to robust<br />

economic growth. Australia and other colonial raiders also paid huge sums in reparations. However,<br />

the country's GDP growth peaked in 1981, and over the following three decades, Nauru's GDP in<br />

fact declined in many instances from the 1980s and through the 2000s. Only recently has moderate<br />

economic growth emerged. 7 According to the Asian Development Bank, this growth is partly<br />

attributable to the regional processing center for people seeking asylum in Australia, referenced at a<br />

later point in this report. 8 Ultimately, unsound investments abroad and at home depleted much <strong>of</strong><br />

Nauru’s phosphate wealth. 9 This includes the purchase <strong>of</strong> an air fleet which was to be a national<br />

carrier and was instead used by presidents for personal reasons at the expense <strong>of</strong> paying customers<br />

who were left stranded at the airport. 10<br />

4 Freedom In The World <strong>2014</strong>: Nauru. Report. Freedom House. Accessed November 03, <strong>2014</strong>.<br />

http://www.freedomhouse.org/report/freedom-world/<strong>2014</strong>/nauru-0#.VDs7xPnF9aQ<br />

5 "Paradise Well And Truly Lost." The Economist. December 20, 2001. http://www.economist.com/node/884045<br />

6 "Closing Down." The Economist. October 04, <strong>2014</strong>. http://www.economist.com/news/asia/21621873-dismal-tale-oneremotest-nations-closing-down<br />

7 Nauru: Country Pr<strong>of</strong>ile. UN Data. Accessed December 02, <strong>2014</strong>.<br />

https://data.un.org/CountryPr<strong>of</strong>ile.aspxcrName=Nauru<br />

8 Nauru: Economy. Asian Development Bank. Accessed December 02, <strong>2014</strong>.<br />

http://www.adb.org/countries/nauru/economy<br />

9"Paradise Well And Truly Lost." The Economist. December 20, 2001. http://www.economist.com/node/884045<br />

10 "Paradise Well And Truly Lost." The Economist. December 20, 2001. http://www.economist.com/node/884045


Many <strong>of</strong> the poor economic policies <strong>of</strong> prior decades are inflicting contemporary<br />

consequences, and this is not strictly limited to depleted resource wealth. Nauruans do not pay taxes.<br />

Instead, they have increasingly become reliant on social welfare with schooling and medical fees paid<br />

for by the government. Housing, electrical and telecommunication services are all subsidized. Since<br />

the phosphate industry is state owned, 95% <strong>of</strong> employment in the country is in the public sector.<br />

When unemployment was at 90% in 2005, 11 the government told the people that the welfare society<br />

they were used to was no longer sustainable. 12 Today, an estimated one-third <strong>of</strong> the population is<br />

thought to be unemployed. 13<br />

Like many other small island states, Nauru is compelled to leverage its resources creatively.<br />

The government has taken to some unusual ways <strong>of</strong> filling their c<strong>of</strong>fers, including serving as a haven<br />

for dubious characters who seek <strong>of</strong>f-shore banking alternatives and selling citizenship. Nauru has<br />

also developed warm relations with Taiwan by recognizing their statehood and allowing them to<br />

have the distinction <strong>of</strong> the only embassy on its paradise in return for fiduciary loans at low interest<br />

rates. 14 Regulations <strong>of</strong> bank start-ups are minimal and this has spun into a roaring business <strong>of</strong><br />

crooks using Nauru as a venue for money laundering. 15 In a highly publicized case, Nauru played an<br />

essential part in a trail left by money laundering crooks from Russia to the United States. Whatever<br />

the verity <strong>of</strong> the story, Nauru’s international image was ultimately tainted due to its lax rules and<br />

refusal to ramp up legislation on <strong>of</strong>fshore banking. 16 These illegal activities might not represent a<br />

problem for other countries who can easily impose sanctions on Nauru; but for Nauru, fiscal ties<br />

with these countries are a necessity. As a small island nation, the country has limited economic<br />

options and the state <strong>of</strong> foreign relations bears significant weight. Now, the country is on the brink<br />

<strong>of</strong> economic collapse and the policies mentioned above are dysfunctional.<br />

11 The World Factbook: Nauru. Report. Accessed November 03, <strong>2014</strong>. https://www.cia.gov/library/publications/theworld-factbook/rankorder/2129rank.html.<br />

12 "Paradise Well And Truly Lost." The Economist. December 20, 2001. http://www.economist.com/node/884045<br />

13 "Closing Down." The Economist. October 04, <strong>2014</strong>. http://www.economist.com/news/asia/21621873-dismal-tale-oneremotest-nations-closing-down<br />

14 "Paradise Well And Truly Lost." The Economist. December 20, 2001. http://www.economist.com/node/884045<br />

15 "Paradise Well And Truly Lost." The Economist. December 20, 2001. http://www.economist.com/node/884045<br />

16 Jason Sharman. "A Study for the Pacific Islands Forum on Offshore Finance Centres in Forum Island Countries:<br />

Assessing the Impact <strong>of</strong> the Proposed US ‘Stop Tax Haven Abuse’ Act."<br />

http://www.forumsec.org/resources/uploads/attachments/documents/FEMM%202008%20Offshore%20Finance%20<br />

Centres%20in%20FICs%20-%20Report.pdf


According to the Australian government, the greatest growing source <strong>of</strong> revenue (5%<br />

increase in real GDP in 2011) 17 today is the previously-referenced <strong>of</strong>fshore processing center, used<br />

to house the boat-loads <strong>of</strong> refugees seeking asylum in Australia. In return for money, Nauru houses<br />

the refugees. 18 Former president Marcus Stephen said that “Nauru's parliament would unanimously<br />

support the re-opening <strong>of</strong> the two detention centers on the island, which operated between 2001<br />

and 2008”. 19 Refugees, on the other hand, expressed their displeasure at being housed there instead<br />

<strong>of</strong> in refugee camps in Australia. 20<br />

Aside from political and economic implications affecting the overall stability <strong>of</strong> the country,<br />

there are notable social factors at work. As referenced previously, Nauruans depend on the<br />

government for work and social welfare and they are used to a lifestyle <strong>of</strong> opulence including short<br />

work hours and access to imported goods. In fact, Nauru has been branded the “world’s fattest<br />

country” in an indictment against the lifestyle changes that came with phosphate prosperity— the<br />

shift from a traditional diet to an imported diet <strong>of</strong> soda, beer, spam and fast-food. The body index<br />

for men and women is 33.85 and 35.05 respectively. Obesity was ensued by related diseases: an<br />

estimated 45% <strong>of</strong> Nauruans are plagued by diabetes. 21 This increases the government’s spending on<br />

social welfare and healthcare. It will definitely contribute to a low life expectancy, and undoubtedly<br />

has a damaging effect on the value <strong>of</strong> the country’s labor force. Society will eventually become<br />

riddled with problems that government policies will find hard to address.<br />

Along with ill health, phosphate prosperity also gave way to a population that was less<br />

inclined to work. 22 Education lost its value. In 2001, it was reported that only a third <strong>of</strong> children go<br />

on to secondary school. Education took a hit in 2001-2005, when the system came to a standstill<br />

because teachers were not being paid and schools stopped functioning. It is reported that, “In 2008,<br />

less than 9% <strong>of</strong> teachers in Nauru had a degree qualification. Half had only a basic certificate and<br />

17 "Nauru: Economy." The Commonwealth. November 03, <strong>2014</strong>.<br />

http://thecommonwealth.org/our-member-countries/nauru<br />

18Australia. Department <strong>of</strong> Foreign Affairs and Trade. Nauru's Country Brief. Accessed November 03, <strong>2014</strong>.<br />

http://www.dfat.gov.au/geo/nauru/nauru_brief.html<br />

19 Alana Rosenbaum. "Nauru's President Quits Amid Corruption Allegations." The Age, November 2011.<br />

http://www.theage.com.au/world/naurus-president-quits-amid-corruption-claims-20111110-1n8qo.html<br />

20 "Paradise Well And Truly Lost." The Economist. December 20, 2001 http://www.economist.com/node/884045<br />

21 Joshua E. Keating. "Why Do The World's Fattest People Live On Islands" Foreign Policy, February 08, 2011.<br />

http://www.foreignpolicy.com/articles/2011/02/08/why_do_the_worlds_fattest_people_live_on_islands<br />

22 "Paradise Well And Truly Lost." The Economist, December 20, 2001. http://www.economist.com/node/884045


over 30% had effectively no qualifications, being classified as trainees.” 23 Even if the government<br />

enacts policies to address the economic dysfunction, society will not be willing to change.<br />

While Nauru exists under a democratic governance structure, there exist myriad elements<br />

with political, economic, and social dimensions which, coupled with a faulty unicameral<br />

parliamentary system, all contribute to the unstable and vulnerable position in which Nauru finds<br />

itself today.. Economic challenges are particularly intractable through the country’s political system<br />

because individual and social choices are reflected negatively in the political system. Like most<br />

countries endowed with natural resources, Nauru’s reliance on phosphates will not last forever. Most<br />

investors should refrain from investing in this phosphate industry because <strong>of</strong> the economic risks and<br />

the moral issues <strong>of</strong> contributing to the slow death <strong>of</strong> a failing state. Using Nauru as an example <strong>of</strong><br />

the risk that comes with elections as a platitude <strong>of</strong> democracy, when issues like these are present in a<br />

more significant player in the international system, they can present both an economic and security<br />

risk. This begs the question: what should be done with Nauru and states that face similar issues<br />

One option has been illustrated in the case <strong>of</strong> Lanai, a Hawaiian island with 3,200 residents<br />

purchased in 2012 by Larry Ellison, founder <strong>of</strong> Oracle and one <strong>of</strong> the world’s richest people. 24 In<br />

fact, Nauruans are seeking a way out <strong>of</strong> the island entertaining the possibility <strong>of</strong> purchasing another<br />

island. 25 As Nauru runs out <strong>of</strong> money, it is also running out <strong>of</strong> ideas. One mutually beneficial<br />

solution for Nauru and investors (including sovereign funds) could feasibly be for an investor to buy<br />

the island. Nauruans will have the option <strong>of</strong> leaving to another country or seeking employment<br />

under the investor in what would no longer be their country. The investor would own that country<br />

and control much, if not all, <strong>of</strong> the island’s economic productivity. Admittedly, this is controversial;<br />

however, this experiment might lead to better yields than if Nauruans continue with the status quo.<br />

A “good” investor might turn Nauru around in a way that Nauruans were unable to do. This could<br />

lead to similar solutions for vulnerable “microstates” and those who have to suffer living in them.<br />

23 International Council For Open and Distance Education. November 03, <strong>2014</strong>.<br />

http://www.icde.org/projects/regulatory_frameworks_for_distance_education/country_pr<strong>of</strong>iles/nauru/<br />

24 Jon Mooallem. "Larry Ellison Bought a Island in Hawaii. Now What" The New York Times, Sept. 23, <strong>2014</strong>.<br />

http://www.nytimes.com/<strong>2014</strong>/09/28/magazine/larry-ellison-island-hawaii.html_r=0<br />

25 "Paradise Well And Truly Lost." The Economist. December 20, 2001. http://www.economist.com/node/884045


Traveling and reading inspired Hannah Thomas to work for her master’s at New York University in political theory,<br />

after graduating with a bachelor’s in political science and economics from Miami University in Ohio. She focuses on<br />

democracy, liberty, and revolutions.


Is Liberal Hypocrisy Causing <strong>Political</strong> Disengagement<br />

By James Lees<br />

In January 1918, ten months before the end <strong>of</strong> the First World War, U.S. President Woodrow<br />

Wilson delivered his famous Fourteen Points speech. In his remarks, President Wilson outlined<br />

his vision for post-war peace, with order and justice for all states, no matter how small. This<br />

speech laid the foundations for the “idealist” world that many statesmen would fight for in<br />

subsequent years. Tenets <strong>of</strong> liberalism are still foundational in our society today: selfdetermination,<br />

protection <strong>of</strong> civil liberties, free trade, open treaties, and democratic governance.<br />

Yet, its development up to and through the 21 st century has been marred by a lack <strong>of</strong> cohesion<br />

between domestic and international ideology. During the golden age <strong>of</strong> liberalism, while<br />

international relations were <strong>of</strong>ten conducted on a liberal basis, states were largely inadequate in<br />

their protection <strong>of</strong> domestic individual rights. Conversely, following the Second World War,<br />

liberalism ascended in the domestic sphere, while international society became far more realist.<br />

These two seemingly paradoxical trends were witnessed in both the United States and<br />

throughout Western Europe. Through historical review <strong>of</strong> such trends, this paper examines the<br />

contemporary political dissatisfaction that has manifested in the West, and the underlying forces<br />

that have contributed to citizens’ discontent with and distrust in their respective political<br />

systems.<br />

The ideas contained within the Fourteen Points were fundamental in shaping<br />

international society after the end <strong>of</strong> the First World War, and are best exemplified through an<br />

emphasis on self-determination and the creation <strong>of</strong> the League <strong>of</strong> Nations. A precursory<br />

institution to the United Nations, the League was established to provide collective security for<br />

the allied powers and to prevent another world war. It intended to “guarantee […] territorial<br />

integrity to great and small states alike.” 1 Its design, based on “Wilsonian idealism,” stressed<br />

equal rights for all sovereign nations. Yet, a voiced respect for equal rights was not reflected in<br />

the implementation <strong>of</strong> domestic policy <strong>of</strong> any Western powers; and this is especially true for the<br />

United States. The Wilson administration oversaw an expansion <strong>of</strong> blatant institutional<br />

segregation, 2 as well as the passing <strong>of</strong> legislation such as the Oriental Exclusion Act <strong>of</strong> 1924,<br />

which denied rights to many foreign and domestic minority groups. 3 Concurrently, while allied<br />

powers in Europe echoed the sentiments <strong>of</strong> Wilson’s Fourteen Points, these states still held<br />

1 Woodrow Wilson, "Speech on the Fourteen Points," Congressional Record, 65th Congress 2nd Session, 1918, 680681.<br />

2 Ronald Pestritto, Woodrow Wilson and the Roots <strong>of</strong> Modern Liberalism, (Lanham, Md.: Rowman & Littlefield Publishers,<br />

2005) 41-45.<br />

3 William Easterly, The Tyranny <strong>of</strong> Experts: Economists, Dictators, and the forgotten rights <strong>of</strong> the poor (New York: Basic Books,<br />

2013), 51.


tightly to their colonies, exploiting local resources and labor to support their domestic<br />

economies.<br />

There is a reasonable explanation to this apparent paradox. The disparity between<br />

international liberalism and domestic oppression in fact benefitted Western powers, both<br />

politically and economically. By declaring and maintaining sovereign rights for all nations, the<br />

most powerful states believed they could maintain stability and peace. By denying domestic<br />

liberalism through suppression <strong>of</strong> individual rights, particularly for minority groups, they could<br />

ensure that their economies remained pr<strong>of</strong>itable and powerful; and retain majority political<br />

support for their respective regimes.<br />

However, even the “idealist” system at the international level was not as it seemed. While<br />

states had supposedly committed to liberalism internationally, they instead continued to put their<br />

national interest first and did not act with “unselfish sympathy,” as Wilson had called for. Even<br />

between the allied powers France, Britain and the U.S., relations in the inter-war years were<br />

described by Robert Boyce as being in “a state <strong>of</strong> virtual war, wherein mutual incomprehension<br />

fuelled a downward spiral” 4 and ensured a breakdown in trust between the three. In fact, the U.S.<br />

had failed to even join the League <strong>of</strong> Nations, despite its formation only taking place due to<br />

Wilsonian idealism. The onset <strong>of</strong> the Second World War ultimately ended the failed experiment<br />

in international liberalism.<br />

The ideas espoused in the interwar years would then migrate into domestic issues. The<br />

Allied powers needed vast resources for the war effort, seeking troops and materials from the<br />

colonies. As William Easterly notes, to ensure they could count on the support <strong>of</strong> their subjects,<br />

the colonial powers needed to convince their colonized that it was better to stay on side. He<br />

quotes one <strong>of</strong>ficial as stating, “Colonial subjects might be tempted to say that they have not<br />

much freedom to defend.” 5 Consequently, this supported a shift, albeit slight, towards the<br />

acceptance <strong>of</strong> racial equality, which would in turn culminate in swift and marked decolonization<br />

in the post-war years. Hendrik Spruyt suggests that after the war there was a shift in the<br />

receptivity <strong>of</strong> elite groups in the West to ideas <strong>of</strong> racial equality,. 6 an idea that has been<br />

significantly explored by Ikenberry and Kupchan. 7 This would not only lead to decolonization,<br />

4 Robert Boyce, "World Depression, World War: Some Economic Origins <strong>of</strong> the Second World War”, in Paths to<br />

War: New Essays on the Origins <strong>of</strong> the Second World War, eds. Robert Boyce and Esmonde Robertson, (St. Martins Press,<br />

1989), 88.<br />

5 William Easterly. The Tyranny <strong>of</strong> Experts, 81.<br />

6 Hendrik Spruyt, “The end <strong>of</strong> empire and the extension <strong>of</strong> the Westphalian system: the normative basis <strong>of</strong> the<br />

modern state order”, International Studies Review, (2000): 65-92, 88.<br />

7 John Ikenberry and Charles Kupchan, "Socialization and hegemonic power", International Organization 44: 03 (1990):<br />

283-315.


ut would also bring about a rise in support for civil rights movements. As domestic liberalism<br />

increased, a movement emerged in the West towards universal equality, which included universal<br />

human rights. This movement was embodied in the end <strong>of</strong> segregation, the rise <strong>of</strong> feminism, the<br />

LGBT movement, and secularization (to name but a few); Wilson’s legacy had accordingly<br />

moved from the international to the domestic sphere.<br />

Yet at the same time, the international environment drifted away from liberalism. The<br />

immediate onset <strong>of</strong> the Cold War and the spread <strong>of</strong> nuclear weapons following the Second<br />

World War, rendered statecraft to be defined by rational choice and game theory. The<br />

commitment problem, that a state can never really know the true intentions <strong>of</strong> another, led to<br />

international relations representing a prisoner’s dilemma, a well-known concept to political<br />

theorists, with gamesmanship becoming a defining characteristic <strong>of</strong> foreign policy, particularly in<br />

the United States vis-à-vis the Soviet Union. Now, it seemed the apparent paradox had come full<br />

circle: Liberalism became a domestic phenomenon, while international relations were far more<br />

realist.<br />

We witness a culmination <strong>of</strong> this phenomenon today. There are myriad domestic and<br />

transnational movements calling for individual rights to be respected and enhanced, but the<br />

international order is still far more realist than it is liberal. Perhaps among the most glaring<br />

illustrations <strong>of</strong> this contradiction in its contemporary form lies in the governance and operation<br />

<strong>of</strong> the League’s successor, the United Nations. While the institution and a majority <strong>of</strong> its<br />

members have pr<strong>of</strong>essed and encouraged commitments to various dimensions <strong>of</strong> human rights<br />

and humanitarian norms, there are countless instances <strong>of</strong> the United Nations failing to uphold<br />

these declared principles. Frequently, the inaction can be attributed to the operational workings<br />

<strong>of</strong> the Security Council. The body, by design, inevitably serves the realist aims <strong>of</strong> its permanent<br />

membership. The recent revelation <strong>of</strong> the U.S. spying on Germany, one <strong>of</strong> its closest allies,<br />

demonstrates a distinct lack <strong>of</strong> trust and the absence <strong>of</strong> liberal ideology. Further, the current<br />

airstrikes against the Islamic State <strong>of</strong> Iraq and Syria (ISIS) are motivated more by a fear <strong>of</strong> threat<br />

to Western national security than humanitarian concern for the Syrians caught up in the conflict.<br />

By and large there are few examples <strong>of</strong> genuine liberalism existing as a prevailing force in<br />

international society, despite the system being predicated on liberal democracy. Governments<br />

and their leaders pr<strong>of</strong>ess liberalism, but they do not practice what they preach. I believe that this<br />

disparity is one <strong>of</strong> the root causes <strong>of</strong> the current disillusionment between voters and politicians.<br />

Politics today is marred by extreme disengagement. The <strong>2014</strong> midterm elections in the<br />

US are only one prime example. Not only did the New York Times report that the <strong>2014</strong> midterm


elections produced the lowest voter turnout in more than seven decades, 8 but interest in the<br />

elections actually fell as they approached. 9 The voters are also disenchanted with political actors.<br />

Just recently, in October <strong>2014</strong>, President Obama received his highest disapproval rating <strong>of</strong><br />

57% 10 . Europe faces its own share <strong>of</strong> political cynicism, as noted by Aurelien Mondon. 11 Yet,<br />

while there is clearly deep dissatisfaction in the West with the political process, there remain<br />

political issues in which people express great interest. The recent Scottish referendum on<br />

independence proves that. There was an historic voter turnout, with 84.6% <strong>of</strong> the electorate<br />

using their franchise. 12 How do we explain this seemingly incongruous relationship between<br />

political interest and political dissatisfaction I contend that it is the political hypocrisy, steeped<br />

in historical circumstances and ideology, and demonstrated by inconsistency between what is<br />

said and what is done, which serves as the best explanation. This hypocrisy has historically<br />

been—and remains—heavily influenced by an ultimate non-belief in and apostasy <strong>of</strong> political<br />

liberalism, demonstrated by Western leaders throughout the 20 th Century and into the new<br />

millennium.<br />

The liberalism <strong>of</strong> Wilson emphasizes peace, universal rights and the “understanding <strong>of</strong><br />

[others] needs as distinguished from [our] own interest,” 13 on an international level. Yet, as both<br />

history and contemporary politics demonstrate, it is as if liberalism retains merely a hallucinatory<br />

presence in international affairs. Liberalist ideas attract the support <strong>of</strong> the public, yet they do not<br />

provide leaders with the power and security they <strong>of</strong>ten seek. Thus, liberalism continues to imbue<br />

political rhetoric, yet fails to pervade political action. Perhaps the continued push for liberalist<br />

ideals in the domestic sphere could eventually translate to foreign policy. But until politicians can<br />

align the message with concerted action, it is difficult to perceive how current political<br />

dissatisfaction in the West could be alleviated.<br />

8 “Worst Voter Turnout in 72 Years”, The New York Times, Nov 11, <strong>2014</strong>.<br />

http://www.nytimes.com/<strong>2014</strong>/11/12/opinion/the-worst-voter-turnout-in-72-years.html.<br />

9 Chuck Todd et. al, “The Great American Tune Out”, NBC News, Oct 15, <strong>2014</strong>.<br />

http://www.nbcnews.com/politics/first-read/great-american-tune-out-interest-midterm-elections-drops-n226251<br />

10 "Presidential Approval Ratings -- Barack Obama", Gallup. http://www.gallup.com/poll/116479/barack-obamapresidential-job-approval.aspx.<br />

11 Aurelien Mondon, “Distrust <strong>of</strong> the <strong>Political</strong> System, not the Far Right, is real threat to our European future”, The<br />

Conversation, May 14, <strong>2014</strong>. http://theconversation.com/distrust-<strong>of</strong>-the-political-system-not-the-far-right-is-realthreat-to-our-european-future-26662.<br />

12 “Scottish Independence Referendum”, The Guardian, Sep 18, <strong>2014</strong>. http://www.theguardian.com/politics/nginteractive/<strong>2014</strong>/sep/18/-sp-scottish-independence-referendum-results-in-full.<br />

13 Woodrow Wilson, “Speech on the Fourteen Points.” Full speech can be viewed via the following link:<br />

http://web.ics.purdue.edu/~wggray/Teaching/His300/Handouts/Fourteen_Points.pdf


James moved to New York to study for a master’s in international relations at New York University. James has<br />

a background in finance; having completed his bachelor’s in economics at Bristol University, he then spent two<br />

years working for an investment bank in London. His focus is on economic and political development, particularly<br />

in sub-Saharan Africa.


On the 18 th<br />

Scottish Independence: The Thistle in Europe’s Side<br />

By Elia Francesco Nigris and James Lees<br />

<strong>of</strong> September <strong>2014</strong>, the citizens <strong>of</strong> Scotland voted to remain a part <strong>of</strong> the United<br />

Kingdom. Independence was rejected by a margin <strong>of</strong> over 10%, with the ‘No’ campaign taking<br />

55.3% <strong>of</strong> the votes, and winning majorities in all but four <strong>of</strong> the 32 constituencies. Scotland has<br />

been part <strong>of</strong> the United Kingdom since the Acts <strong>of</strong> Union <strong>of</strong> 1707, and while the independence<br />

referendum did not lead to the creation <strong>of</strong> the 197 th country, it does have major implications within<br />

the United Kingdom, and both across and beyond Europe. Domestically, it has sparked a fresh<br />

debate on the devolution <strong>of</strong> powers, which may in fact be a positive outcome. However, the<br />

referendum has set a precedent for independence movements across Europe, which could result in<br />

continental instability. In this paper the authors will outline why the referendum took place, and<br />

consider its potential consequences within both the domestic sphere and the European continent.<br />

The referendum’s outcome, one <strong>of</strong> the first <strong>of</strong> its kind in recent history, is recognized by both<br />

the government <strong>of</strong> the United Kingdom and by the regional government <strong>of</strong> Scotland. The decision<br />

to hold a referendum was agreed upon in October 2012 by David Cameron, the Prime Minister <strong>of</strong><br />

the United Kingdom, and Alex Salmond, the nationalist First Minister <strong>of</strong> Scotland, through the<br />

Edinburgh Agreement.<br />

Many wonder why David Cameron decided to allow this referendum to happen; the most<br />

common answer being that the question <strong>of</strong> Scottish independence had to finally be answered. Mr.<br />

Cameron, a true believer in the right <strong>of</strong> self-determination and democratic and liberal ideals, deemed<br />

a referendum the most noble and definitive way to find a permanent solution to the problem, as<br />

leaving the issue unsettled could have weakened the entire Union. While Cameron’s own political<br />

ideals may have played a part, there are additional arguments that can be made. The most important<br />

factor that needs to be considered is that, at the time <strong>of</strong> the signing <strong>of</strong> the Edinburgh Agreement,<br />

there was little to suggest that a Yes vote in favor <strong>of</strong> independence could actually win. Mr. Cameron,<br />

along with many pundits and British politicians, believed the No vote would easily prevail. Hence,<br />

on the one hand, the risk <strong>of</strong> allowing a vote on the issue seemed minimal and, on the other, the<br />

gains for him, politically speaking, could have been extremely high.<br />

In Mr. Cameron’s thinking, the issue <strong>of</strong> Scottish independence could be addressed once and<br />

for all, while he could be hailed as a truly democratic leader, not afraid to let ‘the People’ decide their<br />

own fate. Furthermore, the vote on Scottish independence could have locked up his re-election


campaign for 2015, suggesting that the decision may have had an internal, political motive. It is no<br />

secret that Scotland is a strongly pro-Labour stronghold, and Ed Miliband would need the region’s<br />

support in order to defeat the incumbent Prime Minister. Mr. Cameron believed that a vote on<br />

Scottish independence could gain him some popularity among nationalist voters and, even more<br />

importantly, undermine the support for Labour in the region. This strategy seems to have partially<br />

worked: even though Tories have not racked up much support in Scotland, Labour seems to be<br />

losing a good deal <strong>of</strong> its own. 1 In an October <strong>2014</strong> poll, support for the Scottish National Party had<br />

reached a historical peak <strong>of</strong> 52%, meaning they could feasibly win 54 seats in the British parliament,<br />

leaving Labour with only 4 in the region—an historical low. 2 With these numbers, it is extremely<br />

hard to imagine that Mr. Miliband could become the next Prime Minister, unless he forms a<br />

coalition government with the SNP.<br />

In addition to the potential changes in Parliamentary composition, the referendum has<br />

inspired shifts in the amount <strong>of</strong> power devolved to regional parliaments. Scotland and Wales were<br />

first given devolved powers in 1998, as the fulfillment <strong>of</strong> one <strong>of</strong> Tony Blair’s campaign promises.<br />

Since that time, decentralized power has gradually increased in all the regional parliaments. But in<br />

the final weeks before the referendum, the leaders <strong>of</strong> the three major parties—David Cameron, Nick<br />

Clegg and Ed Miliband—all promised that they would deliver ‘devo-max’, should Scotland remain a<br />

part <strong>of</strong> the United Kingdom 3 . This would give the Scottish government greater power over taxation,<br />

spending and welfare policies. While these vows were heavily attacked by the Yes campaigners as<br />

‘too little too late’, once the results came in both No and Yes activists alike called for their<br />

fulfillment. But it is not just Scotland who now expects greater devolved powers. The Welsh,<br />

Northern Irish and even the English are looking for changes. England is now the only region that<br />

has no devolved powers; any ‘English-only’ laws can still be voted on by MPs in Westminster whose<br />

constituents are not impacted by changes.<br />

1 Indeed, as <strong>of</strong> the writing <strong>of</strong> this report, Mr. Miliband has attempted and largely failed in recouping Labour support<br />

throughout Scotland in the wake <strong>of</strong> the referendum. See Simon Johnson, “Ed Miliband attempts to win back Yes voters<br />

in Scotland.” The Telegraph. November 28 <strong>2014</strong>, http://www.telegraph.co.uk/news/politics/ed-miliband/11260800/Ed-<br />

Miliband-attempts-to-win-back-Yes-voters-in-Scotland.html<br />

2 Severin Carrell, “Labour faces massive losses to SNP at UK general election, poll shows,” The Guardian, Oct 30, <strong>2014</strong>,<br />

accessed Nov 24, <strong>2014</strong>, http://www.theguardian.com/politics/<strong>2014</strong>/oct/30/scottish-labour-snp-general-election-poll<br />

3 David Clegg, “David Cameron, Ed Miliband and Nick Clegg sign joint historic promise which guarantees more<br />

devolved powers for Scotland and protection <strong>of</strong> NHS if we vote No,” The Daily Record, Sep 15, <strong>2014</strong>, accessed Nov 24,<br />

<strong>2014</strong>, http://www.dailyrecord.co.uk/news/politics/david-cameron-ed-miliband-nick-4265992


While this may be an outcome Mr. Cameron did not expect, it may well prove beneficial him.<br />

By modernizing the unwritten constitution to decentralize certain power, it may be possible to create<br />

policies that are more broadly supported, as policy can be targeted to smaller groups. Many policies<br />

unevenly benefit a certain area, be it a city or a region. By allowing for devolved policy making,<br />

political parties may actually be able to deliver more <strong>of</strong> what people want in specific areas. This<br />

could certainly be the case in regards to different welfare benefits, such as housing, where needs and<br />

costs significantly change from region to region. In an age where disengagement with political<br />

parties is rampant, finding a way to interest people in the political process is vital. Indeed, the high<br />

84.6% voter turnout in the Scottish referendum proved that people still care about high-level<br />

political decisions, especially when they can understand and relate to how these decisions affect<br />

them.<br />

Outside <strong>of</strong> the UK, there have been considerable effects for other independence<br />

movements. It seems Mr. Cameron, when he made his decision, did not take into consideration that<br />

he does not live in a vacuum; the referendum has set a precedent for other independence<br />

movements across Europe, providing them with legitimacy. The better known, <strong>of</strong> course, is the case<br />

<strong>of</strong> Catalonia, an eastern region in Spain that has unsuccessfully tried to become an independent<br />

nation for many years. On the 9 th <strong>of</strong> November <strong>2014</strong> they held a straw poll on independence<br />

“defying legal and political objections from Madrid.” 4 The poll returned with 80.7% in favor <strong>of</strong><br />

independence, and with a turnout <strong>of</strong> approximately 50%. It had originally been planned as a nonbinding<br />

referendum, but the Constitutional Court <strong>of</strong> Spain had deemed this illegal. One voter, Maria<br />

Pilar Lahoz, was quoted as saying independence is “unstoppable and the door has now at least been<br />

opened.” 5 The Spanish government, unlike the British one, has no intention <strong>of</strong> recognizing this<br />

result, but it seems those who support independence have been emboldened by the Scottish<br />

referendum.<br />

Of course, Catalonia is not the only region in Spain that would like to free itself from the<br />

government <strong>of</strong> Madrid; the Basques have had a long history <strong>of</strong> deep separatist sentiments. The same<br />

is true for the Flemish region in Belgium, where the Dutch speaking part <strong>of</strong> the country has sought<br />

4 Raphael Minder, “Catalonia Overwhelmingly votes for Independence From Spain in Straw Poll,” The New York Times,<br />

Nov 9. <strong>2014</strong>, accessed Nov 24, <strong>2014</strong>, http://www.nytimes.com/<strong>2014</strong>/11/10/world/europe/catalans-vote-in-straw-pollon-independence-from-spain.html<br />

5 Ibid


to gain independence from the government <strong>of</strong> Brussels 6 , and independence movements can be<br />

found in the Italian regions <strong>of</strong> Veneto and Sardinia, among numerous others. Together, these<br />

independence movements pose larger challenges to the stability <strong>of</strong> Europe. It is clear that allowing<br />

an independence referendum for every single linguistic and cultural minority in Europe would be<br />

impossible, but it would be equally impossible, once Pandora’s box has been opened, to allow some<br />

to vote on the issue and not to allow others. Where is the line drawn Granting independence to<br />

numerous separatist groups would feasibly result in the formation <strong>of</strong> many small nations, <strong>of</strong>fsetting<br />

a balance <strong>of</strong> power that has, even in a period <strong>of</strong> crisis, given Europe welfare and prosperity since the<br />

end <strong>of</strong> the Second World War. This realization helps one understand why Mr. Cameron’s decision<br />

sets such a dangerous precedent: it indirectly legitimized the demands <strong>of</strong> every single independence<br />

movement in Europe, even when most other governments do not intend to grant the same<br />

concession Mr. Cameron has made to the Scottish people. And despite his belief that the<br />

referendum would answer the Scottish question once and for all, it has not. Many expect that talks<br />

on a new referendum will become prominent in the coming years, especially if the UK goes ahead<br />

with a planned referendum on EU membership. Scotland is far more pro-European than England,<br />

but may find they have little power to sway the result <strong>of</strong> the referendum, due to England’s far<br />

greater number <strong>of</strong> voters. 7 Thus, it is reasonable to wonder whether a second referendum may come<br />

around far sooner than was expected.<br />

The consequences for other countries, if or when their governments refuse to follow in the<br />

steps <strong>of</strong> the UK, could be significant: social tensions could arise (indeed, they have emerged under<br />

similar circumstances in the past); independence movements, receiving rebuttals to their referenda<br />

demands, could prove more vocal and the resulting social turmoil could boil over into violence.<br />

After all, there have been multiple incidents <strong>of</strong> terrorist movements in Europe killing innocent<br />

civilians in the name <strong>of</strong> independence—the Basque Homeland and Freedom movement (ETA) in<br />

Spain, for example, as well as the National Liberation Front <strong>of</strong> Corsica, France and the Committee<br />

for the liberation <strong>of</strong> South Tyrol (BAS), in Italy. Moreover, it is feasible that the implications <strong>of</strong> the<br />

Scottish referendum could extend outside Europe, concerning other ethnic or religious minority<br />

groups fighting for autonomy, such as the Uyghur people living in the Xinjiang Uyghur<br />

6 Katrin Bennhold, “Separatists around the world draw inspiration from Scotland”, CNBC, Sep. 10, <strong>2014</strong>, accessed Nov<br />

30, <strong>2014</strong>, http://www.cnbc.com/id/101990463#<br />

7 Libby Brooks, “Nicola Sturgeon calls for Scottish veto on EU referendum,” The Guardian, Oct 29, <strong>2014</strong> accessed Nov<br />

24, <strong>2014</strong>, http://www.theguardian.com/politics/<strong>2014</strong>/oct/29/nicola-sturgeon-scottish-veto-eu-referendum


Autonomous Region within the People's Republic <strong>of</strong> China, or the separatist movement in Quebec,<br />

Canada. It is not difficult to perceive how the precedent <strong>of</strong> an <strong>of</strong>ficial referendum in Scotland, which<br />

might be upheld as a shining example <strong>of</strong> democracy in the United Kingdom, may very well cause<br />

tension and tragedy elsewhere.<br />

It is without doubt that the consequences <strong>of</strong> the Scottish referendum lie in contrast to some<br />

initial expectations. While many assumed the referendum would serve as a final answer to the<br />

question <strong>of</strong> independence, it has instead increased the number <strong>of</strong> those in Scotland calling for selfrule<br />

and indirectly legitimized other independence movements, in Europe and beyond. It has also<br />

forced the United Kingdom to examine its constitutional set up and seek ways to modernize its<br />

institutions, while ensuring that the most significant decision-making remains centralized. While<br />

Scotland voted “no” to independence this time, there have already been numerous calls for another<br />

referendum. This is in part because, as suggested above, should the referendum on Britain’s EU<br />

membership move forward, the Scottish may well be virtually powerless to influence the decision.<br />

The Scottish referendum may indeed prove to be an enduring thistle in the side <strong>of</strong> Mr. Cameron and<br />

in Europe.


Elia grew up Milan, Italy and graduated with a bachelor's degree in economics and social sciences from Bocconi<br />

University. He then moved to the New York to pursue a master's degree in political economy analysis at New York<br />

University.<br />

James moved to New York to study for a master’s degree in international relations at New York<br />

University. James has a background in finance; having completed his bachelor’s in economics at Bristol University, he<br />

then spent two years working for an investment bank in London. His focus is on economic and political development,<br />

particularly in sub-Saharan Africa.


Acquiescence and Consent in Democratic Theory<br />

By Andrew Tripodo<br />

Tenacious men with strong wills, admirable aims, and impressive minds planned and executed the<br />

American Constitutional Convention <strong>of</strong> 1787. These men had neither a legal right nor popular<br />

mandate to forge a new government, overturning the existing Articles <strong>of</strong> Confederation. No<br />

authority granted them permission to draft this constitution, and the majority <strong>of</strong> the population,<br />

mostly farmers, hadn’t an inkling that such a convention was even taking place. What these fifty-five<br />

men did have were keen insights into human nature---most importantly, that the natural human<br />

tendency for selfishness can be channeled to serve the public good. They also possessed strong<br />

understandings <strong>of</strong> the needs and wants <strong>of</strong> Americans and the means to act on these convictions.<br />

They succeeded in an obvious way: the United States exists today as a relatively stable democracy,<br />

with institutionalized electoral processes, term limits, and a system <strong>of</strong> checks and balances on<br />

government. The country is more or less free from abusive authority, and its citizens enjoy<br />

predictable stability and need not worry about the dangerous hand <strong>of</strong> arbitrary power. However, just<br />

because this strategy worked, does that mean it was also legitimate<br />

Questions on the legitimacy <strong>of</strong> government are as old as the study <strong>of</strong> government itself, and<br />

they are prominent elements <strong>of</strong> Russell Hardin’s forthcoming book, Why a Constitution, 1 which shares<br />

its title with a chapter Hardin contributed to the The Federalist Papers and the New Institutionalism<br />

(1989).<br />

Hardin begins by addressing the theory, prominent in the writings <strong>of</strong> John Locke, which<br />

claims that a government can only be legitimate if it first maintains order and second, protects the<br />

natural rights <strong>of</strong> its citizens. These principles are the foundation <strong>of</strong> Liberalism, a theoretical form <strong>of</strong><br />

government that elevates the rights <strong>of</strong> individuals over the rights <strong>of</strong> rulers, and emphasizes the duty<br />

<strong>of</strong> a ruler over the duty <strong>of</strong> a citizen. Liberal principles underlie nearly all <strong>of</strong> the political dialogue <strong>of</strong><br />

the modern age, whether it be between intellectuals or among the general public. Few will argue that<br />

the American government fails at either <strong>of</strong> these duties—the U.S. citizenry is on the whole<br />

threatened by neither anarchy nor arbitrary government action that jeopardizes people’s life, liberty,<br />

or property rights. This government, then, is legitimate according to the classic liberal criteria.<br />

1 This forthcoming work was provided to the author by Pr<strong>of</strong>essor Hardin in manuscript form. The following citations<br />

apply to the manuscript text as it was presented to the author <strong>of</strong> this report.


However, Hardin directs the reader’s attention to an enormous rift between liberal theory<br />

and reality: at the time <strong>of</strong> the drafting and signing <strong>of</strong> the U.S. Constitution, the vast majority <strong>of</strong><br />

American citizens had never heard <strong>of</strong> such claims to legitimate authority, an thus could not have<br />

consented to be governed in such a way. This is as true <strong>of</strong> the bulk <strong>of</strong> American citizens today as it<br />

was in 1787. But here they are, allowing themselves to be governed, abiding by the rules <strong>of</strong> a regime<br />

they never consented to, resting on a theoretical foundation that they are largely unaware <strong>of</strong>. The<br />

governing philosophy that centers around individual freedom, in the form <strong>of</strong> rights, fails to present<br />

those citizens with perhaps the most fundamental freedom (or right) <strong>of</strong> all: to truly accept or deny<br />

the constitution that will govern them. Here the claim could be made that, though Americans are<br />

not fully aware <strong>of</strong> the basis for their government’s legitimacy, they clearly do not have serious<br />

enough qualms to actively and loudly disagree with the system, and this must imply consent.<br />

Perhaps, but the word consent is far too strong. It denotes active, conscious agreement, and<br />

most American citizens are unaware <strong>of</strong> the possibility for such agreement, nor what they would<br />

agree with. Here, Hardin resurrects a more apt word to replace the concept <strong>of</strong> “consent <strong>of</strong> the<br />

governed”. It was first articulated by David Hume to describe the general behavior <strong>of</strong> citizens under<br />

the U.S. Constitution (and constitutions in general): acquiescence. Citizens do not agree, they just do<br />

not disagree actively or fight back. They abide. Apathy underlies acquiescence, while engagement<br />

underlies consent.<br />

Why do citizens acquiesce Hardin explains that people acquiesce to political and legal<br />

orders (as they are outlined by constitutions) for the same reason that they follow social<br />

conventions: because resisting would be costly and, as long as the imposed sociopolitical<br />

conventions are not excessively <strong>of</strong>fensive (that is, not radically different from prevailing trends),<br />

acquiescence has no real costs. In essence, Hardin concludes, “we acquiesce because it would be<br />

very difficult to organize what would de facto have to be a collective action to topple an ongoing<br />

convention or to organize a new one” 2 . Even the most rigorous study <strong>of</strong> history would be hardpressed<br />

to find an instance when the bulk <strong>of</strong> citizens actively agreed with the constitution they were<br />

about to be subjected to: there was a furious debate in the American states over ratification between<br />

the “Federalists” and the “Anti-Federalists”. North Carolina and Rhode Island did not even formally<br />

ratify the Constitution until after George Washington had been elected as the first President <strong>of</strong> the<br />

United States: by that time, Hardin asserts, they decided to accept the consensus <strong>of</strong> the rest <strong>of</strong> the<br />

2 Russell Hardin, Why a Constitution (forthcoming, 2015). p. 12 (manuscript).


states since they realized that holding out cost more than joining in. Many other countries’ political<br />

systems today are governed by such constitutions and do not seek to change the underlying premise<br />

<strong>of</strong> these covenants: their citizens acquiesce. But acquiescence is not inevitable. History presents<br />

occurrences in which citizens do not abide by new rules placed upon them and will, as Locke put it,<br />

“appeal to Heaven” (revolt) in the face <strong>of</strong> requirements they find <strong>of</strong>fensive or unduly burdensome.<br />

So, what will incite citizens past the realm <strong>of</strong> acquiescence and into the realm <strong>of</strong> active<br />

disagreement Here, Hardin cites Hume’s Duel Convention Theory: “government derives its power<br />

(not its right) to rule by some specific form <strong>of</strong> coordination that is a convention and the populace<br />

acquiesces in that rule by its own convention.” 3 Therefore, a Constitution that creates political<br />

conventions that are more or less aligned with the social conventions <strong>of</strong> the populace will be<br />

successful, by which we mean stable, unchallenged. If a political convention moves in direct<br />

opposition to a social convention, however, it will be <strong>of</strong>fensive enough to justify action. Hardin<br />

explains this logic via the economic language <strong>of</strong> opportunity and transaction costs, but we do not<br />

need this language to understand the concept. What is important is that the political order created by<br />

a constitution does not create excessive friction with the traditional social order. A constitution that<br />

pushes people to change can wake them from their acquiescent slumber and jeopardize law and<br />

order.<br />

Communities will not acquiesce on issues they feel passionately about, and here is where<br />

some comments on religion is relevant. Most religious believers consider following their beliefs as<br />

being in their ultimate interest, as it is the only interest that extends beyond death and, in life, defines<br />

whom they associate with and how they do so. A constitution that attempts to control the religious<br />

views <strong>of</strong> its populace can (and <strong>of</strong>ten will) spark impassioned conflict. Societies that are religiously<br />

homogenous are an exception to this observation: they are indeed more tightly bound by their<br />

shared spiritual beliefs, and constitutions that govern such societies are strengthened rather than<br />

compromised by their religiosity because it enshrines the status <strong>of</strong> that religion. But what gives<br />

religion its unifying power also endows it with destructive power. Hardin claims that if there is any<br />

hope <strong>of</strong> uniting people who hold different religious beliefs, the topic must be omitted—the absolute<br />

nature <strong>of</strong> the topic simply defies compromise. Since general acquiescence seems to be a necessary<br />

public condition for successful constitution-making, and religious differences do not lend<br />

themselves to acquiescence, the rational decision is to simply leave religion out <strong>of</strong> the constitution<br />

3Ibid, 11.


and thus out <strong>of</strong> the realm <strong>of</strong> state regulation. Hardin rightly touts the strategy <strong>of</strong> removing religion<br />

from constitutions as “the single greatest achievement <strong>of</strong> political thought and practice in all the<br />

history <strong>of</strong> western political thought.” 4 With religion omitted, acquiescence reigns supreme.<br />

Still, the question remains: is a government that relies on acquiescence legitimate<br />

Acquiescence is the compelling fact in successful governments, but should it be the goal Is it<br />

sufficient<br />

The most widely accepted justification for the claim to constitutional legitimacy in the face<br />

<strong>of</strong> acquiescence lies in the theory <strong>of</strong> implied consent: that by virtue <strong>of</strong> reaping the benefits <strong>of</strong> the<br />

government into which citizens are born, they have implicitly consented to its existence. We have, in<br />

effect, entered into a contract that we never knew existed. This theory exists primarily for<br />

intellectuals, for they are among the few who are conscious <strong>of</strong> this problem. The rest think not <strong>of</strong><br />

legal legitimacy, and, their conventions not being egregiously broken, acquiesce.<br />

If we strip the “implied consent” theory <strong>of</strong> its venerable sheen, its obvious illogic will be<br />

revealed. A story will to pull this theory down from abstraction: In downtown New Orleans,<br />

tourists are apt to come upon “shoe shiners” who run up to their unknowing patrons, apply some<br />

cleaning solution to their shoes, and expect compensation for their efforts. According to the implied<br />

consent theory, tourists should pay them. Just as citizens unknowingly benefit from the order and<br />

security provided by the government into which they are born, and thus are bound to “implicitly<br />

consent” to its rule, so the patrons reap benefits. Thus, they are obliged to compensate their<br />

provider. In the government case, the trade is consent for rights and security. But trade was made<br />

without the knowledge <strong>of</strong> one party. Given a true choice, some will pay, and some will want to walk<br />

away. All are indignant. They know that they have not consented to being governed in a contractual<br />

sense. But this is the concept that underpins democratic legitimacy.<br />

It is crucial to emphasize that in an important way this argument is irrelevant---it misses<br />

reality. The reality is that order exists because a constitution successfully establishes political<br />

conventions that are aligned with previously held social conventions, thus enabling the politically<br />

significant members <strong>of</strong> the population to abide by the new government.<br />

4 Ibid, 9.


Given the dubiousness <strong>of</strong> the “implied consent” theory, the pressing question arises: how<br />

can we legitimize a new constitution In answering this question, Hardin asks that his audience let<br />

go <strong>of</strong> theories and focus on facts. The reality <strong>of</strong> acquiescence, he submits, need not lead to<br />

pessimism. After all, if the government took action that we found upsetting, the spell <strong>of</strong><br />

acquiescence would be broken and citizens would loudly protest. So is the reality <strong>of</strong> acquiescence<br />

evidence that government is generally meeting the people’s needs If people do not want to<br />

participate, does that mean they are content with the way things are<br />

This is where this author and Hardin’s views diverge. Hardin identifies the crucial difference<br />

between consent and acquiescence, and then concludes that acquiescence is good enough. It solves<br />

more problems than it spawns, and is evidence <strong>of</strong> overall governing success. If the government was<br />

failing to ensure stability or to protect private rights, people would surely not react with<br />

acquiescence, they would be moved to actually engage in politics. Governments functioning by<br />

virtue <strong>of</strong> widespread acquiescence are, by the criteria <strong>of</strong> Liberalism, successful. If we simply let go<br />

<strong>of</strong> the implied consent theory, we can easily come to terms with the reality <strong>of</strong> acquiescence. But to<br />

take this view is to give up on the democratic ideal <strong>of</strong> representation. If people are consumed with their<br />

private lives and unengaged with government, how can their views be represented Consent is the<br />

lowest tier <strong>of</strong> representation. It makes no attempt to capture the nuance <strong>of</strong> opinion, but simply asks<br />

for wholesale rejection or acceptance <strong>of</strong> a proposal. If we give up on the possibility <strong>of</strong> widespread<br />

consent in a democracy, we must face a disturbing question: are democracies actually representative<br />

Put even more starkly: are democracies responsive to their people If citizens accept the reality <strong>of</strong><br />

acquiescence, then do they simply regard the idea <strong>of</strong> democratic responsiveness and representation<br />

as a myth crafted to maintain order<br />

Clearly there is much at stake. Setting the precedent <strong>of</strong> consent instead <strong>of</strong> acquiescence will<br />

ensure that the government remains truly representative and responsive to citizen needs. If the<br />

government is founded on acquiescence, then it is very likely that the vast majority <strong>of</strong> the population<br />

will remain ignorant <strong>of</strong> the institutions erected by the constitutions and <strong>of</strong> the political arena<br />

thereafter. And, though the constitution may have been founded on social convention (which<br />

naturally aligns it with the wants and needs <strong>of</strong> the people), the two need not remain linked forever.<br />

That is, incremental political changes could slowly disempower a citizenry that is unaware <strong>of</strong> them.<br />

The acts <strong>of</strong> self-serving politicians could erode the political dynamics that enable citizens to<br />

comfortably acquiescence while remaining confident that order and right security will remain. While


the public slumbers in acquiescence, forces that could undermine the foundation <strong>of</strong> the system that<br />

allows for comfortable acquiescence are free to wreak incremental havoc. Nestled within a culture <strong>of</strong><br />

acquiescence, citizens are unlikely to notice small changes—but small changes accumulate and over<br />

time could transform a population from one that acquiesces to one that is subjugated. Sudden, large,<br />

changes would likely rouse citizens to take action, but a culture <strong>of</strong> acquiescence could make them<br />

blind to small, pernicious shifts over time: new voter requirements, increased thresholds for<br />

parliamentary participation, loosening or tightening <strong>of</strong> controls on free speech, terms limits, and<br />

financial donations. Alternatively, the conventions that are the foundation <strong>of</strong> the constitution could<br />

themselves disempower and ignore large swaths <strong>of</strong> society, systematically depriving them <strong>of</strong><br />

representation. After all, slavery was enshrined in the U.S. Constitution in 1787 and the document<br />

did not even grant voting rights to all American freemen (or women) until amendments were made<br />

over time to expand suffrage, a stark reminder that conventions have no inherent normative valence.<br />

Any institution created by the constitution to guard against abuses <strong>of</strong> power could fail to fulfill their<br />

function, as institutions that are neither respected nor understood by the populace can be ignored,<br />

manipulated, or changed by those in power. In other words, the same apathy that enables<br />

acquiescence has the potential to undermine the representative goals <strong>of</strong> democracy.<br />

“If men were angels,” Madison famously remarks in Federalist #51, “no government would<br />

be necessary.” He goes on to call for a political order in which institutions are pitted against each<br />

other, a system where personal ambition is channeled to serve the general good, a government filled<br />

with selfish men who become the unwitting sentinels over the public health. He gives up on<br />

bettering men, dismisses selfish power-seeking as the natural human state, and resigns himself to<br />

figuring out how to manage that selfishness. He forgets that just because men are no angels does not<br />

mean that they are devils, and it does not mean that they cannot become more angelic with practice.<br />

Cultivating public virtue among the entire population is the only way to craft a democracy that lives<br />

up to its claim to representation. Institutions are not enough to protect an apathetic public. In fact,<br />

without an engaged and informed public, the very institutions meant to protect citizens can become<br />

perverted and distorted by those bent on acquiring personal power.


Andrew has lived in many places in the pursuit <strong>of</strong> myriad, mysteriously connected, interests. He revels in learning and<br />

teaching and is ever charmed by the difficulty in fully disentangling the two from each other. He currently studies<br />

political science, coaches high school debate, and enjoys writing on a wide range <strong>of</strong> subjects.


The Faces <strong>of</strong> D-Company: An Analysis <strong>of</strong> the Terror-Crime Nexus<br />

By Elizabeth Bennett<br />

This paper looks at the transnational criminal organization D-Company out <strong>of</strong> South Asia. The<br />

analysis includes origins, aspects and faces <strong>of</strong> D-Company as it shifts along the terror-crime nexus.<br />

D-Company is looked at as a criminal organization, a terrorist group, and an economic actor in<br />

South Asia.<br />

In today’s world <strong>of</strong> proliferating threats, an organization that engages in both criminal and<br />

terrorist activities can be a significant destabilizer in a region such as South Asia. The following<br />

analysis will examine the origins <strong>of</strong> D-Company, an organized criminal group which formed in India,<br />

and whose influence can now be felt across the region. This organization, while perhaps not as wellknown<br />

as some other criminal or terrorist groups, is a destabilizing force in South Asia, particularly<br />

due to its adaptive, multifaceted role. In tracing the history and development <strong>of</strong> D-Company, this<br />

report will explore how the organization has evolved into such a role. Discussion will turn to two<br />

primary causes for the group’s shift into terrorist activity, and the three different ‘faces’ <strong>of</strong> the<br />

organization as it exists today: a transnational criminal organization, a terrorist group, and an<br />

economic actor. Regardless <strong>of</strong> where D-Company and its leader Dawood Ibrahim fall on the<br />

spectrum between a criminal and terrorist organization, this examination finds that the group<br />

remains both a national and regional security threat for South Asia.<br />

D-Company Origins<br />

Dawood Ibrahim’s criminal syndicate D-Company originated in the late 1970s in the city <strong>of</strong><br />

Mumbai, India. D-Company rose to power following the city’s declared emergency order from 1975<br />

until 1977, which aimed to take down mainstream criminal organizations. 1 India, and particularly<br />

Mumbai as the center <strong>of</strong> India’s criminal underworld, fostered conditions that were conducive to the<br />

rise <strong>of</strong> criminal syndicates. India’s strategic location with port access and drug and illicit good<br />

smuggling in neighboring states, gave D-Company and other criminal syndicates ample opportunity<br />

to rise to international prominence in the late 1970s early 1980s. 2<br />

1 U.S. Library <strong>of</strong> Congress, Congressional Research Service, International Terrorism and Transnational Crime: Security Threats,<br />

U.S. Policy, and Considerations for Congress, by John Rollins, Liana Wyler, Seth Rosen, CRS Report R41004 (Washington,<br />

DC: Office <strong>of</strong> Congressional Information and Publishing, 2010).<br />

http://fpc.state.gov/documents/organization/134960.pdf<br />

2 U.S. Library <strong>of</strong> Congress, Congressional Research Service, Nations Hospitable to Organized Crime and Terrorism,<br />

(Washington, DC: Office <strong>of</strong> Congressional Information and Publishing, October 2003).


Taking advantage <strong>of</strong> favorable conditions and the void <strong>of</strong> criminal syndicates left by the<br />

emergency order, D-Company flourished as a top criminal organization in Mumbai. By the mid<br />

1980s Ibrahim fled to Dubai under the growing pressure from Indian authorities. Based out <strong>of</strong> the<br />

port city <strong>of</strong> Dubai, D-Company was involved in drug and arms trafficking, gold smuggling,<br />

extortion, counterfeit currency, real estate, contract killings, gambling, and film piracy. 3<br />

Evolution<br />

1992 Riots & Muslim Marginalization<br />

D-Company’s evolution into a criminal-terrorist organization involved many factors. The<br />

following analysis will discuss the two primary causes for evolution: first, the 1992 riots/violence<br />

against Indian Muslims, and secondly a shift in the market that prompted Ibrahim to expand outside<br />

<strong>of</strong> purely criminal activities to sustain D-Company.<br />

The shift towards ideologically motivated activities took place following the destruction <strong>of</strong><br />

the 16th century Babri mosque in Uttar Pradesh, India in December 1992 and the resulting riots that<br />

killed hundreds <strong>of</strong> Muslims. 4 In 1984 the Hindu nationalist party Bharatiya Janata Party (BJP) was<br />

elected into power, and at the time, India’s minority population <strong>of</strong> Muslims was around 150 million<br />

people, roughly 12 percent <strong>of</strong> the population. Leading up to the 1992 attacks, a wave <strong>of</strong> Hindu<br />

nationalism swept India that led to Muslim marginalization and violence. 5<br />

In retaliation and seeking to protect the minority Muslims, D-Company smuggled in<br />

explosives and weapons that were ultimately used in the 1993 Mumbai Bombings. In early 1993,<br />

ships departed from Dubai for Karachi carrying explosives and numerous small arms. These arms<br />

and explosives, facilitated through the Pakistani Inter-Services Intelligence agency (ISI), were used in<br />

the 13 bombings throughout Mumbai on March 12, 1993 that killed 157 and injured over 700. 6<br />

Following this attack D-Company moved its headquarters to Karachi. This proved to be a pivotal<br />

moment for D-Company: the previously secular organization split along religious lines, with the<br />

majority <strong>of</strong> Hindu members leaving to follow a Hindu Lieutenant, Chota Rajan, and the rest<br />

3 Ryan Clarke, Terror-Crime Nexus in South Asia, (New York: Routledge, 2011).<br />

4 "The 1993 Mumbai Blasts: What Exactly Happened on March 12 that Year," IBN Live, 2013.<br />

http://ibnlive.in.com/news/the-1993-mumbai-blasts-what-exactly-happened-on-march-12-that-year/380222-3.html<br />

5 Kanisk Tharoor, “Divided and Conquered: Indian Muslims and Hindu Nationalism,” Globalist, 2004.<br />

http://www.yale.edu/globalist/archive/issue12/divided-conquered.htm<br />

6 The targets <strong>of</strong> the attack included the Bombay Stock Exchange, the Air India building, headquarters <strong>of</strong> the Hindu party<br />

Shiv Sena, and the Cinema Plaza.


emaining under the control <strong>of</strong> Ibrahim. 7<br />

ideology, and shifted into the terrorism-crime nexus. 8<br />

From here, D-Company adopted a degree <strong>of</strong> radical<br />

Cause: Shift in India’s Markets<br />

With rampant corruption and a closed economy, D-Company flourished as one <strong>of</strong> India’s<br />

top criminal organizations. But in the early 1990s, at the same time as the riots and destruction <strong>of</strong><br />

the Babri mosque, the economic and markets shifted in India, leaving many <strong>of</strong> D-Company’s<br />

activities less pr<strong>of</strong>itable. This was also a primary motivation for D-Company moving towards<br />

terrorist activities. Prior to 1991, the economy <strong>of</strong> India was dominated by the public sector, with<br />

limited international trade and socialist-oriented policies. Such economic policies had helped to<br />

cultivate criminal and black market activities within the country. However, in June <strong>of</strong> 1991 the newly<br />

elected Congress Party changed the fundamental structure <strong>of</strong> the Indian economy, devaluating the<br />

rupee immediately by twenty-five percent to alleviate the current account deficit. 9 By the end <strong>of</strong> the<br />

decade the Indian economy was averaging over 6 percent growth rate and witnessed a declining<br />

market for illicit activities. 10<br />

New business dealings with the Pakistani ISI created opportunities to diversify D-<br />

Company’s portfolio and created a new market for illicit activities. For example, a bond between al-<br />

Qaeda and D-Company was forged that allowed the use <strong>of</strong> smuggling routes by al-Qaeda members<br />

to escape over the Afghanistan border into Pakistan. This al-Qaeda connection gave D-Company<br />

the opportunity to deal in the Afghanistan heroin market. 11 Another major policy change was the<br />

liberalization <strong>of</strong> gold imports. Indian policy makers cut the duty rate in half from Rs 450/10gms to<br />

Rs 220/10gms. 12 The government <strong>of</strong> India seized nearly 5.7 and 5.0 tons <strong>of</strong> gold in 1990 and 1991,<br />

respectively, but by 1992 the amount seized had dropped to nearly 2.9 tons under the newly open<br />

policy. 13 This change in gold import policy marginalized D-Company’s gold smuggling enterprise<br />

7 Ryan Clarke "The PIRA, D-Company, and the Crime-Terror Nexus," Terrorism and <strong>Political</strong> Violence 20, no. 3 (2008):<br />

376–395.<br />

8 International Terrorism and Transnational Crime: Security Threats, U.S. Policy, and Considerations for Congress.<br />

9Manmohan Agarwal, Whalley, John. “The 1991 Reforms, Indian Economic Growth, and Social Progress.” National<br />

Bureau <strong>of</strong> Economic Research: Working Paper 19024, May 2013. Page<br />

10 U.S. Library <strong>of</strong> Congress, Congressional Research Service. India-U.S. Security Relations: Strategic Issues, by Alan<br />

Kronstady. CRS Report R42948. (Washington, DC: Office <strong>of</strong> Congressional Information and Publishing, 2013).<br />

http://fas.org/sgp/crs/row/R42948.pdf<br />

11 Ryan Clarke, Terror-Crime Nexus in South Asia, 85-87.<br />

12 Reserve Bank <strong>of</strong> India history series. Volume 4, 1981-1997, Part A<br />

13 Reserve Bank <strong>of</strong> India history series. Volume 4, 1981-1997, Part A


and drastically reduced its pr<strong>of</strong>it. The more open economic context forced Dawood Ibrahim to<br />

expand business activities, led him into dealings with terrorist groups.<br />

Faces <strong>of</strong> D-Company<br />

To understand the multifaceted, intricate nature <strong>of</strong> the organization, it is important to<br />

examine the different ‘faces’ <strong>of</strong> D-Company, and to assess the groups’ ideological and financial<br />

motivations. These ‘faces’ include roles as a transnational criminal organization, a terrorist group,<br />

and an economic actor. Upon examination, it is clear that D-Company is not solely a terrorist group<br />

or criminal organization, but in fact shifts its role to best suit its own interests.<br />

Transnational Criminal Organization<br />

Residing in Pakistan, Ibrahim is able to manage his criminal network that now spans across<br />

Asia, Africa and the Middle East. As a transnational crime syndicate, D-Company is involved in<br />

arms and human trafficking, gold smuggling, extortion, bribery, contract killing, counterfeit<br />

currency, and drug trade. The command structure <strong>of</strong> D-Company is made up <strong>of</strong> various cells that<br />

are led by top individuals, such as ‘Tiger’ Memon, who report directly to Ibrahim. Regional<br />

commanders lead operations <strong>of</strong> each cell, which focus on varying criminal activities based <strong>of</strong>f <strong>of</strong><br />

their respective locations and expertise. Under the regional commanders are lieutenants that report<br />

orders and commands to foot soldiers carrying out the operations. Buying <strong>of</strong>f corrupt politicians,<br />

referred to as netas, D-Company has been able to exploit the weaknesses and complacency <strong>of</strong> many<br />

governments <strong>of</strong> the countries in which it operates. 14<br />

The Dubai based cell, for example, has specialized in counterfeit currency. Because <strong>of</strong><br />

Dubai’s accessibility to ports, D-Company was able to spread Fake Indian Currency Notes (FICN)<br />

to major cities in India by sending notes with laborers returning from Dubai in their backpacks or<br />

suitcases. This counterfeit currency is reported to end up back in the hands <strong>of</strong> the ISI to finance<br />

illicit activities and militant groups in India, including Lashkar-e-Taiba (LeT). 15 In August 2013<br />

Indian police arrested a top lieutenant, Abdul Karim Tunda, whom confessed to the FICN<br />

14 Ryan Clarke, "The PIRA, D-Company, and the Crime-Terror Nexus," date<br />

15 Sumita, Sarkar, Arvind Tiwari “Combating Organized Crime: A Case Study <strong>of</strong> Mumbai City,” South Asia Terrorism<br />

Portal. http://www.satp.org/satporgtp/publication/faultlines/volume12/Article5.htm


operation and an estimation <strong>of</strong> hundreds <strong>of</strong> thousands <strong>of</strong> fake notes were coming into India<br />

annually. 16<br />

Additionally, the organization was involved in opium and heroin trade, and human<br />

trafficking that spanned from South East Asia to the Middle East. D-Company is also involved in<br />

smaller activities such as illegal Bollywood production with sales to the U.S. and the U.K. Taking<br />

such activities into consideration, the organization seems financially motivated and is<br />

nondiscriminatory in dealings to increase pr<strong>of</strong>itability and revenue.<br />

Terrorist Organization<br />

Since D-Company’s first terrorist activities in 1993, the organization has been both directly<br />

and indirectly involved in terrorist activity and funding in South Asia. 17 The inability <strong>of</strong> Pakistan to<br />

provide a secure and stable environment has lead to the use <strong>of</strong> groups like D-Company as a resource<br />

for gains against India, and in return Ibrahim and D-Company were given safe haven. 18 While D-<br />

Company and the ISI or LeT have differing ideological goals, Ibrahim and his syndicate as a<br />

facilitator <strong>of</strong> terrorism are one <strong>of</strong> the most dangerous organizations in the region.<br />

The ISI and LeT were given access to vast smuggling routes by D-Company for arms<br />

trafficking, drug trade, and as an escape route from Afghanistan. ISI has benefited from the fake<br />

currency and arms trade through D-Company. The pr<strong>of</strong>its from this trade are used to provide LeT<br />

with supplies and weapons in the proxy fight against India. 19 Ibrahim has been implicated in other<br />

terrorist attacks and was named a Specially Designated Terrorist by the U.S. State Department and<br />

U.S. Department <strong>of</strong> Treasury for his connections to al-Qaeda. 20<br />

Ibrahim was also connected with financing, providing safe houses and contacts for various<br />

terrorist groups across South Asia attacking inside India including Jaish-e-Mohammed, Harakat-ul-<br />

Jihad-i-Islami, the Indian Mujahideen. 21 Most recently it was reported D-Company made a deal with<br />

terrorist organization Boko Haram out <strong>of</strong> Nigeria to supply drugs and weapons. 22 Given the<br />

16 Biswas Shrideep, "Currency <strong>of</strong> Terror," South Asia Terrorism Portal, 2011.<br />

http://www.outlookindia.com/article/Currency-Of-Terror/277209<br />

17 Ryan Clarke, Terror-Crime Nexus in South Asia, pg. 196-205.<br />

18 Ibid. pg. 196-205.<br />

19 Ryan Clarke, Terror-Crime Nexus in South Asia, pg. 196-205.<br />

20 United States Department <strong>of</strong> Treasury, Office <strong>of</strong> Foreign Asset Control. U.S. Designates Dawood Ibrahim as Terrorist<br />

Supporter. http://www.treasury.gov/press-center/press-releases/pages/js909.aspx<br />

21 Ryan Clarke, Terror-Crime Nexus in South Asia, pg. 161-166.<br />

22 “Exposed: Boko Haram-Dawood nexus to smuggle drugs in India,” Times <strong>of</strong> India, September 6, <strong>2014</strong>.<br />

http://times<strong>of</strong>india.indiatimes.com/videos/news/Exposed-Boko-Haram-Dawood-nexus-to-smuggle-drugs-in-<br />

India/videoshow/41886330.cms


diffusive nature <strong>of</strong> D-Company, its presence spanning three continents and the diversity <strong>of</strong> its<br />

activities, the alliances with ISI and terrorist financing and related activities comprise only one part<br />

<strong>of</strong> D-Company’s portfolio.<br />

Economic Actor<br />

D-Company’s role as an economic actor is very similar to that <strong>of</strong> any regional or<br />

multinational corporation concerning the level <strong>of</strong> influence and decision-making on a local level.<br />

The group’s economic relationship with the region is also reciprocal: Pakistan benefitting from illicit<br />

revenue and D-Company receiving political protection. D-Company has played a vital role in the<br />

Pakistani economy: lacking foreign investment and internal growth, Pakistan’s economy is<br />

unsustainable without considerable amounts foreign aid. D-Company’s illicit revenue via funding to<br />

the Central Bank and massive deposits <strong>of</strong> foreign currency in local banks has reportedly assisted in<br />

the bail out <strong>of</strong> Pakistan’s economy on many occasions. 23<br />

Operating out <strong>of</strong> multiple countries D-Company took advantage <strong>of</strong> globalization, ease <strong>of</strong><br />

international trade and demand for goods, technology, and ease <strong>of</strong> travel. In the late 1990s D-<br />

Company was able to exploit the growing film industry in India. Vertically integrating operations<br />

with production, distribution, manufacturing through trading companies like Al-Mansoor and<br />

SADAF Trading, Ibrahim was able to exploit new markets in the United States and the UK for<br />

Indian film products. 24 Also, as discussed the fiscal policy change in the early 1990s with reduced<br />

duty rates on gold left the smuggling business for D-Company less pr<strong>of</strong>itable. But a policy change<br />

reverting to high import duties on gold and silver June 2013 has again opened up a market for<br />

precious metal smuggling. 25 An analysis <strong>of</strong> the organization as an economic actor demonstrates that<br />

D-Company has generally acted in an economically adroit, rational manner seeking to increase<br />

pr<strong>of</strong>its but also taking advantage <strong>of</strong> political and economic opportunities across the region to secure<br />

optimal monetary and nonmonetary outcomes.<br />

23 Ryan Clarke, Terror-Crime Nexus in South Asia, date, pg. 288-304.<br />

24 Gregory Treverton; at el. Film Piracy, Organized Crime, and Terrorism. (Santa Monica, CA: RAND Corporation, 2009). pg.<br />

91-95.<br />

http://www.rand.org/content/dam/rand/pubs/monographs/2009/RAND_MG742.pdf<br />

25 “Why Gold Smuggling is on the Rise in India.” BBC News, March 13, <strong>2014</strong>.


Impact and Responses<br />

For India, the impact <strong>of</strong> D-Company on South Asian stability is now greater than ever. The<br />

declarations <strong>of</strong> al-Qaeda in the Indian Subcontinent, rise <strong>of</strong> other jihadist activity in the region and<br />

the U.S. preparing to exit Afghanistan, D-Company has numerous opportunities to strike at the<br />

heart <strong>of</strong> the BJP government. Ibrahim has the network and finances to assist in a complex strategic<br />

attack in India that could be devastating and have a proliferating effect on terrorism in South Asia.<br />

India<br />

The Government <strong>of</strong> India has taken a group centric approach in trying to counter the<br />

influence <strong>of</strong> Ibrahim and D-Company. Following the 1993 bombings India sought extradition with<br />

countries like the United States and UAE to bring D-Company members associated with the attack<br />

back to India for trial. While India arrested some <strong>of</strong> D-Company’s key figures, its influences<br />

remained. In 1999 India enacted the Maharashtra Control <strong>of</strong> Organised Crime Act (MCOCA) to<br />

update original framework to deal with the growing organized crime and is currently trying top D-<br />

Company lieutenants Abdul Karim Tunda under the Terrorist and Disruptive Activities (Prevention)<br />

Act. India targeted specific assets known to Ibrahim and his associates in India, demolishing homes<br />

and businesses. 26 The newly elected prime minister <strong>of</strong> India, Narendra Modi, prior to the election<br />

promised the extradition <strong>of</strong> Ibrahim from Pakistan. 27 No substantial action has been taken since<br />

Modi’s election to dismantle D-Company’s network <strong>of</strong> influence.<br />

U.S. Efforts<br />

The United States has been involved as secondary support in assisting India to contain and<br />

take down D-Company, including adding Ibrahim and his lieutenants to U.S. Treasury and State<br />

Department sanctions lists. 28 The <strong>2014</strong> joint U.S.-India statement mentioned the goal <strong>of</strong>,<br />

“dismantling <strong>of</strong> safe havens for terrorist and criminal networks, to disrupt all financial and tactical<br />

26 “IPL spot-fixing: Court orders property attachment process against Dawood Ibrahim, Chhota Shakeel,” Z News, May<br />

31, <strong>2014</strong>. . http://zeenews.india.com/news/nation/ipl-spot-fixing-court-orders-property-attachment-process-againstdawood-ibrahim-chhota-shakeel_936311.html<br />

27 Since election <strong>of</strong> Modi in May <strong>2014</strong> it was widely reported that Dawood Ibrahim asked the ISI for more protection<br />

and to be relocated.<br />

28 United States Department <strong>of</strong> Treasury, Office <strong>of</strong> Foreign Asset Control, Designations Pursuant to the Foreign Narcotics<br />

Kingpin Designation Act, 2009.


support for networks” for groups like Lashkar-e-Taiba and D-Company. 29 The FBI and India’s<br />

Intelligence Bureau are now sharing intelligence on the location and assets <strong>of</strong> Ibrahim. Lastly it was<br />

speculated that the U.S. was going to provide assistance in extraditing Ibrahim from Pakistan, the<br />

country who denies his existence in the country. 30 This type <strong>of</strong> activity has been reported before but<br />

the U.S. has taken no action. 31<br />

Conclusion<br />

The preceding analysis illustrates an organization that, in spite <strong>of</strong> lacking the global<br />

awareness or media attention experienced by its peer groups, remains a genuine political and<br />

economic force in South Asia and beyond. Because <strong>of</strong> Dawood Ibrahim’s ability to adapt and grow<br />

D-Company through nearly four decades, his organization remains one <strong>of</strong> the most influential<br />

groups in the region. Today, it is important that all <strong>of</strong> D-Company’s “faces” be acknowledged: this<br />

includes the organization’s roles as a transnational criminal organization, a terrorist group, and an<br />

economic actor inside <strong>of</strong> Pakistan. In tracing the group’s historical development and examining the<br />

regional context in which these developments took place, one can better understand how the<br />

organization has acquired the multidimensional role it exhibits today. And in turn, by examining this<br />

we can better understand how each role threatens the stability <strong>of</strong> the South Asia. It remains to be<br />

seen whether, or how, D-Company continues to threaten regional stability if it manages to maintain<br />

its adaptive nature.<br />

29 Office <strong>of</strong> the Press Secretary, “U.S.-India Joint Statement,” The White House, September 30, <strong>2014</strong>.<br />

http://www.whitehouse.gov/the-press-<strong>of</strong>fice/<strong>2014</strong>/09/30/us-india-joint-statement<br />

30 Elizabeth Bennett, “Time for India to Take Down Dawood Ibrahim,” The Diplomat, Nov. 1, <strong>2014</strong>.<br />

http://thediplomat.com/<strong>2014</strong>/11/time-for-india-to-take-down-dawood-ibrahim/<br />

31 “No Request Made to US to Track Down Dawood Ibrahim, Clarifies Government,” Press Trust <strong>of</strong> India, February<br />

19, <strong>2014</strong>.<br />

http://indianexpress.com/article/india/india-others/no-request-made-to-us-to-track-down-dawood-ibrahim-clarifiesgovernment/


Elizabeth is a graduate student at New York University’s Department <strong>of</strong> International Relations. In 2013<br />

she received a B.S. in Economics from Bentley University. She specializes in U.S. national security and terrorism<br />

focusing on South Asia.

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