B1
SUNDAY, APRIL 23, 2017 Adelle Chua, Editor
Opinion
Joyce Pangco Pañares, Issue Editor
mst.daydesk@gmail.com
PLAYING FOR TIME
EDITORIAL EDITORIAL
By Leonid Bershidsky
E
A LEAKED European Union paper outlining the bloc’s initial negotiating position in Brexit talks hints at a clever zero-sum strategy. The EU’s main goal is to deter other potential exiters and offload all the anxiety about the truly important issues in the divorce on the United Kingdom alone. The paper (actually called a “nonpaper” in EU parlance because it’s still a draft) makes it clear that the EU wants to negotiate Britain’s departure in stages. Just two contentious issues are to be addressed in Stage One: the treatment of EU citizens now living in the UK and the bill to be settled by the departing country. Essentially, the UK will be told that if it wants any kind of closure on a trade deal, it first needs to take care of the EU migrants and agree to pay a large sum of money (in euros, please) to honor previous commitments and move London-based EU agencies elsewhere. At the same time, the initial EU position makes agreement on both issues as difficult as possible. For the 3.5 million EU citizens living in Britain, including more than 900,000 Poles and more than half a million other eastern Europeans, the bloc wants a lifelong right to live and work in the UK on the same basis as locals; these EU citizens would also retain the right to claim UK benefits for children living in other countries, bring over relatives and confer resident status on third party nationals through marriage. And they would also be subject to the jurisdiction of European courts. That won’t be easy for Prime Minister Theresa May to swallow, even if she gets a decisive mandate in the June election. Immigration was a major issue for voters who backed Brexit. The government may argue that “grandfathering” the immigrants already in the UK is the lesser evil, but to the anti-foreigner voters this means the current situation—the one that angered them in the first place—will be frozen for decades. In the letter May sent EU leaders when activating the Brexit procedure she, too, stressed the need for an early deal on EU citizens in the UK, and UK citizens in the EU—about 1.2 million people, many of them retirees in Spain and France. But the divergent nature of the two groups of migrants makes the EU’s demands far weightier than the UK’s. EU workers in the UK are young, often needy and far more numerous, especially taking into account possible family reunification. There is no easy compromise to be reached, and that suits the EU fine. As the bigger trading partner that stands to lose less if there is no resulting trade deal, time is on its side. Concerning the exit payment, the EU paper also lays out an extreme position: The bloc is going for a onetime pay-out big enough to anchor the expectations of other countries that may try to leave the union; and there’s no mention of handing over its share of EU assets. No future campaign based on promises to invest in health care instead of contributing to the EU budget will fly if negotiators attain this goal. There is also no reason for EU negotiators to compromise here. Though Brexit leaves a hole in the union’s budget, no political constituency important to the negotiators will be seriously hurt. A strong deterrent to more renegades is more important. There’s nothing expressly malicious in the bloc’s initial negotiating position. The union is confidently laying its cards on the table; its position will likely be highly public throughout the process (there’s hardly a choice given the many potential sources of
ONE HOME
VERY 22nd day of April since 1970, countries of the world have commemorate Earth Day—a tribute to the planet we live in. Numerous activities across hundreds of countries are organized to emphasize the need to care for it, and arrest its deterioration. There are global movements with different focuses: protecting forests, advocating green cities, preserving species, and, these days, climate change. In an encyclical released two years ago, Pope Francis, the head of the Catholic Church, said the earth was our common home and as dwellers in this home we have relationships and accountabilities between and among each other. This notion of the earth not just being our home, but our common home, one we share with billions of other humans, is a good way to honor the earth this year and every year. After all, when we think of home, we think of comfort. We come to it after a long day at work or school. We rest at home, think, recharge, nurture our personal spaces and also connect with loved ones. And when we share our home with others we show our respect and consideration both to the people we live with and the home itself that shelters us. We don’t clean out our room and dump the trash on our housemate’s space. We clear the table after we eat and make sure the dishes are in a location and condition where the next user will likely find them. If inhabitants of the home live lazy, don’t pick up after themselves, the home will be in disarray, will be infested with insects, will be an eyesore, will depreciate faster than it is supposed to. It will need frequent repairs and might just cause problems when the housemates least expect it. All these, seen in a much grander scale, can be said of how we make use of and should nurture the planet that houses us. These days, the main concern is whether countries of the world can do enough soon enough to reverse a runaway heating of the planet that will breed stronger, more frequent and more erratic weather patterns— not that we are not seeing and feeling them already. Celebrating Earth Day does not require us to be scientists who explain complex weather patterns or activists who take to the streets and denounce practices that harm the world. Everyone can simply be a consistently conscientious, considerate inhabitant of this home we all share.
Scan this icon to view the PDF
Turn to B2
A WINDOW FOR PUNISHING WIKILEAKS By Noah Feldman THE US Department of Justice under Attorney General Jeff Sessions, according to news reports, is re-evaluating whether to charge WikiLeaks founder Julian Assange for publishing leaked classified material in 2010. This raises a First Amendment
flag. The department previously decided it wouldn’t proceed because it couldn’t distinguish WikiLeaks from the New York Times or the Washington Post. So what, really, is the difference between unlawfully leaking information to the press and publishing it directly to the public? If one is unlawful, why can’t the other be?
The answer can’t be derived from the language of the First Amendment itself. Only the late Justice Hugo Black has ever come close to saying that the Constitution bars Congress from any kind of restriction of on free speech. Instead, the legal part of the answer needs to come from the body of
Supreme Court interpretation of the amendment. The most famous relevant decision is the 1971 Pentagon Papers case, New York Times v. US Daniel Ellsberg, the granddaddy of more recent leakers, was working as an analyst for the Rand Corp. with access to classified documents, including an internally
commissioned Department of Defense history of the US involvement in Vietnam. Ellsberg photocopied what would come to be called the Pentagon Papers and gave them to the Times. After the Times published its first article based on the material, Richard Nixon’s administration sought a court Turn to B2
Rolando G. Estabillo Publisher ManilaStandard
Published Monday to Sunday by Philippine Manila Standard Publishing Inc. at 6/F Universal Re Building, 106 Paseo de Roxas, corner Perea St., Legaspi Village, Makati City. Telephone numbers 832-5554, 832-5556, 832-5558 (connecting all departments), (Editorial) 832-5554, (Advertising) 832-5550. P.O. Box 2933, Manila Central Post Office, Manila. Website: www.thestandard. com.ph; e-mail: contact@thestandard.com.ph
ONLINE
can be accessed at: manilstandard.net
MEMBER
PPI
Philippine Press Institute The National Association of Philippine Newspapers
Benjamin Philip G. Romualdez Former Chief Justice Reynato S. Puno Anita F. Grefal Baldwin R. Felipe Edgar M. Valmorida
Chairman Board Member & Chief Legal Adviser Treasury Manager OIC-Ad Solutions Circulation Manager
Ramonchito L. Tomeldan Managing Editor Chin Wong/Ray S. Eñano Associate Editors Joyce Pangco PañaresCity Editor Adelle ChuaOpinion Editor Emil P. Jurado
Honor Blanco Cabie Night Editor Romel J. MendezArt Director Roberto CabreraChief Photographer
Chairman Emeritus, Editorial Board