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US rail companies, unions reach ‘tentative’ deal to avert strike

Photo: Stefani Reynolds / AFP

AFP | by Julie CHABANAS / Sebastian Smith

A jubilant President Joe Biden announced a tentative deal Thursday to avoid a crippling strike by railroad unions following all-night talks as the clock ran down on threats to disrupt US supply chains in the run-up to midterm elections.

“It feels good!” Biden told a tired-looking group of negotiators invited into the Oval Office after their sleepless night. “They should be home in bed,” he said.

Biden, who was personally calling into the negotiations as late as 9:00 pm on Wednesday, issued a pre-dawn statement announcing the preliminary resolution, which allows for a 24 percent wage increase between 2020 and 2024, including an immediate payout.

At a hastily organized celebration in the Rose Garden, Biden called the agreement “a big win for America” and said the “dignity” of railroad workers had been honored.

The deal was a relief after worries that a Friday deadline would trigger nationwide stoppages, snarling critical supplies to an economy in the midst of a jittery recovery from the Covid-era shutdown.

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For Biden personally, a strike would have been politically damaging as he tries to steer his Democratic party’s uphill bid to hold on to Congress in November, with Republicans focusing heavily on high inflation.

Biden, in his initial statement, said “the hard work done to reach this tentative agreement means that our economy can avert the significant damage any shutdown would have brought.”

“These rail workers will get better pay, improved working conditions, and peace of mind around their health care costs: all hard-earned.”

The Association of American Railroads, which represents the nation’s freight railroads, welcomed the deal.

Major freight carrier Union Pacific said it “looks forward to the unions ratifying these agreements and working with employees as we focus on restoring supply chain fluidity.”

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All-nighter

In the West Wing, exhausted staffers recounted an all-nighter which saw cabinet secretaries huddle with union leaders and rail executives at the Labor Department building.

“There were 20 plus hours in negotiations. At no point did anyone ever get to go home,” a senior official told reporters.

At 9:00 pm Wednesday, Biden called in and “his message was we have to get agreement — a shutdown is unacceptable — and that they need to respond in good faith to each other.”

Agriculture Secretary Tom Vilsack and Transport Secretary Pete Buttigieg made calls “throughout the day and night” and at 2:00 am, Labor Secretary Marty Walsh “called the White House and said it looks like a deal is coming together,” the official said.

Final details were ironed out, one of the union boards was woken at 3:00 am and two hours later the deal was announced.

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“Failure was not an option,” the official said.

Inflation fears

Polls show voters are worried about soaring prices in the post-pandemic economy, where supply chain issues have been a constant scourge and annual inflation has surged to a 40-year high.

The Association of American Railroads had warned that a strike would bring 7,000 trains to a halt, costing $2 billion a day.

Farmers and retailers had warned that a strike would hit US supply chains already battered by the Covid-19 pandemic.

“There is no real substitute for moving agricultural goods,” warned American Farm Bureau Federation president Zippy Duvall.

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Recognizing the danger, Biden had appointed an arbitration panel back in July to facilitate the negotiations. Asked by reporters in the Rose Garden what Americans should do about rapidly rising food prices and other inflation, he said the railroad deal would bring relief.

“Rail’s moving and (inflation) is not going to go up,” Biden said.

Amtrak, the US rail passenger operator, which had announced plans to cancel long-distance train services if freight workers went on strike, said it would immediately get trains rolling again.

“Amtrak is working to quickly restore canceled trains and reaching out to impacted customers to accommodate on first available departures,” it said in a statement.

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International

The Court of the IADH rules out measures in favor of Gustavo Petro amid investigations into his campaign

The Inter-American Court of Human Rights (IDHR) considered it “inappropriate” to grant provisional measures in favor of the President of Colombia, Gustavo Petro, which his representatives requested in the midst of investigations for apparent irregular financing of his political campaign.

The IADH Court explained that Petro’s legal team requested the measures as part of the process of supervising the sentence issued in 2020, in which the court condemned Colombia for the dismissal of Petro from his position as mayor of Bogotá in 2013.

The resolution, published on the website of the IADH Court, determined that the case resolved in 2020 is not related to the provisional measures and therefore rejected them.

“The Court considers that the aforementioned request is not related to the subject of the case (resolved in 2020) or to the implementation of any of the three guarantees of non-repetition of regulatory adequacy ordered in the judgment, which makes it inappropriate,” the resolution indicates.

A “factual” and “legal” situation different from that of 2020

The text adds that the request of Petro’s representatives “is based on a factual and legal situation different from that known to this Court in the Petro Urrego case judgment issued in 2020.”

“On that occasion, the Court considered it unconventional for an administrative authority to order the cessation and eventual disqualification of popularly elected officials. From the information provided in this request for provisional measures, it does not appear that the administrative body in question has the power to disqualify or restrict the political rights of a popularly elected official,” the Court of Human Rights determined.

Last October, the National Electoral Council (CNE) filed charges for alleged irregularities to the campaign that led Petro to the Presidency of Colombia in 2022.

The investigation found an alleged violation of spending caps of 5.3 billion pesos (about 1.19 million dollars).

In the request for provisional measures before the Inter-American Court, Petro’s representatives affirmed that there is an “irregular attribution of powers to the CNE to investigate President Gustavo Petro Urrego, which contravenes the conventional and constitutional guarantees of the integral jurisdiction enjoyed by the dignity of the office of President of the Republic.”

They added that the responsibility for investigating belongs to the Legal Committee of Investigation and Prosecutions of the Senate House of Representatives.

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International

The Constitutional Court of Peru annuls the sentence against the leader of Dina Boluarte’s former party

The Peruvian Constitutional Court (TC) annulled this Thursday the sentence for corruption against the politician Vladimir Cerrón, leader of the Marxist party Free Peru in which President Dina Boluarte campaigned until 2022, after remaining on the run for more than a year, a time in which time the president began to be investigated for her alleged cover-up.

The TC declared the appeal of habeas corpus presented by Cerrón’s defense against the sentence, issued last year, which sentenced him to 3 and a half years in prison for the crime of collusion, for the concession of the Wanka Aerodrome when he was a regional authority of Junín, according to the judicial decision published by local media.

Boluarte was linked to Cerrón’s escape, after his official car was discovered by the press in a spa south of Lima, where the police searched days before for the leader of his former political party.

The Court claimed that the Junín Appeals Chamber violated the right to due motivation of judicial decisions by not specifying whether the crime of simple collusion was an instant, continuous and permanent crime.

The nullity of the sentence

The magistrates pointed out that this information is important to define the prescription of the crime, as Cerrón’sdefense maintains.

In that sense, the TC has ordered the Junín Appeals Chamber to issue a new pronouncement, in which it responds on the limitation periods of the crime to determine whether the criminal proceedings are still in force or are being filed.

Once the resolution was released in the media, Cerrón himself celebrated the news on the social network X and said that the TC is, in recent times, “the moral reserve” of Peruvian justice.

He added that the Constitutional Court declared the sentence against him null and void for being “arbitrary”, by declaring his appeal of habeas corpus in the Wanka Aerodrome case well-founded.

Cerrón is currently being prosecuted for other cases of alleged corruption when he was a regional authority and for the last electoral campaign in which his party presented the formula headed by Pedro Castillo, the dismissed former president for his failed coup d’état in 2022, and Boluarte as vice president.

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International

Guterres calls for “avoiding at all costs” the integration of AI into nuclear weapons

UN Secretary-General António Guterres advocated on Thursday in the UN Security Council to “avoid at all costs” the integration of artificial intelligence (AI) in nuclear weapons, something that could have “potentially disastrous consequences”.

“AI without human supervision would leave the world blind, and would put world peace and security in a dangerous and reckless place,” Guterres told the Security Council, where a ministerial session is being held today, chaired by US Secretary of State, Anthony Blinken, on the progress of this tool and its implications in global security.

The Secretary General stressed that, while AI is making “a positive difference” in countries suffering from conflicts, food insecurity or the effects of climate change, it has also entered “the battlefield in a more problematic way.”

In this sense, he indicated that recent conflicts have become a testing ground for military applications of AI, which “creates a fertile ground for misunderstandings, miscalculations and mistakes.”

Humans and the algorithm

Thus, he recalled that this tool has already been used to select targets and make “life or death” decisions, and pointed out that cyberattacks made possible by AI “could paralyze the critical infrastructures of a country and its essential services.”

“Let’s be clear: the fate of humanity should never be left in the hands of the ‘black box’ of an algorithm. Humans must always have control in decision-making guided by international law, including international humanitarian and human rights laws and ethical principles,” he added.

In addition to its effects on international security, Guterres focused on the danger posed by the AI creating “very realistic content” that is then spread on the Internet and “manipulates public opinion, threatens the integrity of information and makes the truth indistinguishable from lies.”

The Portuguese politician brought up the UN Global Digital Compact, which was approved last September and addresses the rapid advance of AI, and shared his intention to finance innovative opportunities for this tool “where it is most needed.”

“A world of rich and poor in AI would be a world of perpetual instability. We must never allow (this technology) to lead to an advance of inequality,” he stressed, and said that technology must be “at the service of all humanity.”

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