Category: South Asia

Pakistani Court Makes Ruling Our Court Should Make

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Beginning to think that we are the bad guys

It has ruled that US drone strikes are ‘War Crimes,’ and ‘Absolutely Illegal’:

A high court in Pakistan has found that United States drone strikes carried out in Pakistan by the CIA are war crimes, which are “absolutely illegal” and a “blatant violation” of Pakistan’s state sovereignty.

 The decision comes in a lawsuit filed by the Foundation for Fundamental Rights (FFR), a legal charity in Islamabad, which sued the Pakistan government for failing to protect its own citizens from US drone strikes. The suit was filed in May 2012 on behalf of victims of a drone attack that occurred in North Waziristan and killed more than fifty people.

Of course, it won’t effect the actions of our government.

Laws are for the little countries, don’t you know, so we don’t care.

Dropped from My Blogroll

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Matthew Yglesias has been dropped from my blogroll.

He just wrote an article saying that it’s OK that all those people died in Bangladesh, it’s a choice made by “rational actors” to trade safety for jobs:

I think that’s wrong. Bangladesh may or may not need tougher workplace safety rules, but it’s entirely appropriate for Bangladesh to have different—and, indeed, lower—workplace safety standards than the United States.

The reason is that while having a safe job is good, money is also good.

Shades of Larry Summers suggesting that we ship toxic waste to Africa because they need the money.

The workers did not have a choice about safety. They knew that they, and their families, would face starvation if they got fired for not going into an unsafe building. The choice was made by their evil bosses.

This is a constant theme of his writing, and I am no interested in his faux liberal bullsh%$.

While there are people on my blogroll with who I profoundly disagree with because they provide insight into foreign view points.

Retired Maryland Republican hatchet man Joe Steffen, and Russian/Orthodox Christian Nationalist Stanislav Mishin are two such examples on my blogroll.

His view, which can best be described by the phrase, “Even the liberal The New Republic.”

It’s all about self-entitled white guys who never have to wonder about where their next meal is coming from play the Michael Kinsley counter-intuitive idiocy game in an attempt to prove how smart they are.

It’s dull, it’s predictable, it’s bereft of any real insight, and it’s off my regular reading list.

India Rejects Evergreening Pharmaceuticals

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The Indian Supreme Court has rejected a patent for a slightly modified drug, on the basis that it was not a significant change.

The drug companies do this all the time, in order to extend their patents on drugs nearly indefinitely:

People in developing countries worldwide will continue to have access to low-cost copycat versions of drugs for diseases like H.I.V. and cancer, at least for a while.

Production of the generic drugs in India, the world’s biggest provider of cheap medicines, was ensured on Monday in a ruling by the Indian Supreme Court.

The debate over global drug pricing is one of the most contentious issues between developed countries and the developing world. While poorer nations maintain they have a moral obligation to make cheaper, generic drugs available to their populations — by limiting patents in some cases — the brand name pharmaceutical companies contend the profits they reap are essential to their ability to develop and manufacture innovative medicines.

Specifically, the decision allows Indian makers of generic drugs to continue making copycat versions of the drug Gleevec, which is made by Novartis. It is spelled Glivec in Europe and elsewhere. The drug provides such effective treatment for some forms of leukemia that the Food and Drug Administration approved the medicine in the United States in 2001 in record time. The ruling will also help India maintain its role as the world’s most important provider of inexpensive medicines, which is critical in the global fight against deadly diseases. Gleevec, for example, can cost as much as $70,000 a year, while Indian generic versions cost about $2,500 a year.

The ruling comes at a challenging time for the pharmaceutical industry, which is increasingly looking to emerging markets to compensate for lackluster drug sales in the United States and Europe. At the same time, it is facing other challenges to its patent protections in countries like Argentina, the Philippines, Thailand and Brazil.

“I think other countries will now be looking at India and saying, ‘Well, hold on a minute — India stuck to its guns,’ ” said Tahir Amin, a director of the Initiative for Medicines, Access and Knowledge, a group based in New York that works on patent cases to foster access to drugs.

………

In Monday’s decision, India’s Supreme Court ruled that the patent that Novartis sought for Gleevec did not represent a true invention. The ruling is something of an anomaly. Passed under international pressure, India’s 2005 patent law for the first time allowed for patents on medicines, but only for drugs discovered after 1995. In 1993, Novartis patented a version of Gleevec that it later abandoned in development, but the Indian judges ruled that the early and later versions were not different enough for the later one to merit a separate patent.

Leena Menghaney, a patient advocate at Doctors Without Borders, said that the ruling was a reprieve from more expensive medicines, but only for a while.

“The great thing about this ruling is that we don’t have to worry about the drugs we’re currently using,” Ms. Menghaney said. “But the million-dollar question is what is going to happen for new drugs that have not yet come out.”

Others decried the ruling, saying it was further evidence that India does not respect the intellectual property rights of pharmaceutical companies. Last year, India granted what is known as a compulsory license to a generic drug manufacturer to begin making copies of Bayer’s cancer drug Nexavar, and revoked Pfizer’s patent for another cancer drug, Sutent. Both companies have appealed the decisions.

First, evergreening does not serve to create new products, it encourages minor, non-functional, changes to existing products to maintain a monopoly.

Second, compulsory licensing is specifically allowed for under all major international IP and trade regimes.

Unfortunately, when you look at intellectual protections (IP) as property it means that the holder of that monopoly has a God given right to extract unreasonable rents forever.

There is no place where our patent system is more broken than in the evergreening of pharmceuticals, and that is saying a lot.

Good News Out of Pakistan

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Yes, this is a phrase that I did not expect to say, but the fact that Pakistani law enforcement is beginning to enforce notorious blasphemy laws against Islamic extremists too:

Most people have heard of Pakistan’s blasphemy law. Carrying the death penalty of life imprisonment for anyone who criticises the Prophet Muhammed or the Qur’an, it gained renewed international scrutiny this year after Rimsha Masih, a young Christian girl apparently suffering from Down’s Syndrome, was arrested in Islamabad. She was subsequently freed and a Muslim cleric now stands accused of fabricating evidence against her.

………

But could that be changing? Here in Karachi, protests against the anti-Islam film that have caused rallies across the Muslim world turned violent. One of the incidents on 21 September was an attack on a Hindu Temple on the outskirts of the city. Protesters attacked the Sri Krishna Ram temple, breaking religious statues, tearing up the Bhagavad Gita (the holy book), and assaulting the temple’s caretaker.

Community leaders took the unusual step of going to the police, who have announced that the case against nine attackers has been registered under Section 295-A of the blasphemy laws. This lesser known section, which covers the “outraging of religious feelings”, can apply to any religion and carries a fine or imprisonment of up to 10 years.

Of course, this case does not represent a sea-change in attitudes just yet. For a start, no one has been charged, or even arrested. But it was a positive move by local police, if only because Pakistan’s religious minorities are frequently too frightened to speak out at all. Numbering about four per cent of the population, this small minority of Christians, Hindus and Islamic sects such as the Ahmadis (regarded as non-Muslims) translates to nearly ten million people, the equivalent of the population of Tunisia. It is not an insignificant number.

While this is not the same as the death penalty for defaming the Mohammad or Islam, I am tickled pink that the same people who are this law’s most vociferous supporters are now being targeted by this same law.

India Looks to Go CATOBAR

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It appears that will be going with catapult launchers🙁Paid Subscription Required)

The Indian navy is likely to call an end to its tryst with ski-jump aircraft carriers, deciding that its next big vessel will be a flat-top with a catapult-launch system.

While India’s first home-built carrier, known as the Vikrant, is to be a 44,000-ton short-takeoff-but-arrested-recovery (Stobar) carrier, the second ship—tentatively titled Vishal (“Immense”)—is seen as a 65,000-ton flat-top with a steam-catapult system . The Naval Design Bureau, which oversees design and implementation of all indigenous warship building efforts, is expected to freeze its requirements by year-end.

A commodore with the Naval Design Bureau says, “A decision has been taken to move away from conventional Stobar and short-takeoff-or-vertical-landing (Stovl) operations.”

The navy’s Sea Harrier fleet is closing out its service. The Indian carrier Vikramaditya—the former Russian carrier Admiral Gorshkov—and first indigenous carrier (Vikrant) will be transition vessels to Stobar operations. The next logical step is catapult-assisted takeoff-and-barrier-arrested recovery (Catobar), “which brings with it immense advantages in the mix of assets we can deploy on deck,” says the commodore.

The navy has been known to want to deploy heavier fighters from a carrier. Still, the freeze on a flat-top catapult-launch design also dramatically changes the navy’s future fighter requirement. In 2009, the service invited information to support a purchase of aircraft for deck-based operations, which did not specify launch type but had been presumed to be Stobar. Several companies were asked for information: Russia’s MiG and Sukhoi for the MiG-29K and Su-33 , respectively; Dassault Aviation with the Rafale (noting that the Rafale could be modified for Stobar operations); Lockheed Martin’s F-35 Joint Strike Fighter ; Boeing’s F/A-18E/F Super Hornet ; and two aircraft concepts— Saab ‘s Sea Gripen and Eurofighter ‘s Naval Typhoon.

The real issue here is not deploying fighters, which generally have the thrust to weight ratio to deploy from a ski jump, but the ability to deploy aerial early warning aircraft, carrier onboard delivery, and tankers, which have a lot less go.

I’m Dubious that an Indian Probe Will Reach Mars This Decade

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Yes, I am aware that the Indians have put satellites in orbit, but their plans for a mars probe seem to be to be over-ambitious🙁pdid subscription required)

Indian space officials expect the country’s first mission to Mars to receive final government approval soon, with a launch planned for November 2013.

“The project has reached the last phase of approval. Many studies relating to the mission have been completed, and an announcement can be expected soon,” Indian Space Research Organization (ISRO) Chairman K. Radhakrishnan says.

The U.S. government is expected to give its final approval after NASA ‘s Mars Science Laboratory lands there on Aug. 6 (EDT), though India’s orbiter mission will not be on the same scale as that undertaken by NASA ‘s car-sized rover.

India’s Mars orbiter is expected to be launched from Sriharikota in the southern state of Andhra Pradesh. The project received a boost in the federal budget for the current fiscal year, which ends March 31, with the government allocating 1.25 billion rupees ($22.6 million).

Not enough money, and not enough time.  I would believe it if they added at least 5 years, and at least 500 million dollars, I’d believe it.

Yes, We Are at War With Pakistan

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At the NATO summit in Chicago, Obama refused to talk with Pakistani President Zardary:

The rift between the US and Pakistan deepened on Monday as the Nato summit in Chicago broke up without a deal on Afghanistan supply routes.

Barack Obama, at a press conference to wind up the summit, made no attempt to conceal his exasperation, issuing a pointed warning to Pakistan it was in its wider interest to work with the US to avoid being “consumed” by extremists.

Seldom in recent years have the tensions between Washington and Islamabad been on public show to the extent as at the Chicago, overshadowing the two-day Nato summit.

The main point of friction is Pakistan’s closure of Nato supply routes to Afghanistan in protest over drone attacks and a US air strike in November that killed two dozen Pakistani troops.

Obama refused to make time during the two-day summit to see the Pakistan president Asif Ali Zardari for a face-to-face bilateral meeting. In a press conference, Obama made a point of stressing that the only exchange he had with his Pakistani counterpart was short. “Very brief, as we were walking into the summit,” Obama said.

The US president said he “did not want to paper over the cracks” and that there has been tension between the US-led international force in Afghanistan and Pakistan over the last few months.

I’m not sure if this is a ramping up of tension, or a recognition by Obama that the military is running the show.

But the fact is that we are effectively at war with a significant portion of the Pakistani state security apparatus, which is actively destabilizing Afghanistan because they see Karzai as being to favorably disposed toward India.

Just Lovely

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India is looking to start MIRVing its nuclear missiles:

Agni-V, India’s most powerful missile with a strike range of over 5,000 kms, is set to get substantially higher destruction capabilities with plans to equip it with multiple warheads.

“We are working in this area. It will take time for us to develop but our work is on,” DRDO Chief Dr V K Saraswat told the news agency when asked whether the agency is developing capabilities to produce a variant of Agni-V missile which can hit multiple targets.

Known as Multiple Independently Targeted Re-entry Vehicle (MIRV), the missile would be capable of carrying multiple warheads to destroy several targets.

Asked about the plans in that regard, he said, “Basic vehicle (missile) will remain the same. The first three stages will also remain the same and only the kill vehicle or the payload delivery system will need changes.”

Terming it as a “force multiplier”, the DRDO chief said, “If I am able to do force multiplication with this… where I was using four missiles, I may use only one missile. So it becomes a force multiplier given the damage potential.”

It also destabilizes the the situation with Pakistan, because it allows multiple warheads to be taken out in a single strike.

Not good news.

Huh, I Don’t Know How I Missed This………

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But the Dassault Rafale has won the Indian MMRCA competition, and will be delivering 126 fighters.

It appears that the Rafale largely beat the Typhoon largely on the basis of cost, though the fact that the Rafale is currently more capable in the strike role probably helped, as did what appeared to be a pretty good offset deal.

It’s interesting that the final decision came down to the cheapest of the two most expensive competitors (other competitors, were the MiG-35, Gripen, F-16, and F/A-18).

I still wonder how much of this was driven by a concern that the French were seen as more independent of US foreign policy.

Rachel is Right, Cain Has Punk’d Us All

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Because, as entertaining as the Republican presidential primary, aka “the Clown Show,” is, our man Herman takes this to a whole new level of assholitude:

Republican presidential candidate Herman Cain has suggested that the Taliban are playing a role in Libya’s new government, adding another foreign policy misstep to his stumbling campaign.

The week opened with Cain struggling to answer whether he supported US president Barack Obama’s foreign policy in Libya. He ended it trying to blame reporters for the moment, which was captured on video and quickly spread around the internet.

Cain’s critics seized on Monday’s incoherent answer as the latest evidence that he is unprepared to be the party’s nominee. On Friday, Cain gave his critics more grist for their increasingly substantial mill.

“Do I agree with siding with the opposition? Do I agree with saying that Gaddafi should go? Do I agree that they now have a country where you’ve got Taliban and al-Qaida that’s going to be part of the government?” Cain asked reporters in Orlando, Florida. “Do I agree with not knowing the government was going to – which part was he asking me about? I was trying to get him to be specific and he wouldn’t be specific.”

(emphasis mine)

Seriously, the Taliban?  The Taliban is inflitrating the government of Libya?

I guess that must be because Afghanistan is located right next to Libya.

Jeebus, they are 2½ hours apart.  That’s two and one half freaking time zones apart!

They don’t even border on the same freaking time zone.

I’m with Rachel Maddow. This is not primarily a Presidential campaign, it is performance art:

What’s the Pashtun Word for Tet?

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Because the Taliban was all over Kabul today, and hit the US embassy:

Heavily armed insurgents wearing suicide vests struck Tuesday at two of the most prominent symbols of the American diplomatic and military presence in Kabul, the United States Embassy and the nearby NATO headquarters, demonstrating the Taliban’s ability to infiltrate even the most heavily fortified districts of the capital.

As the insurgents fired rocket-propelled grenades, Westerners sought shelter — one rocket penetrated the embassy compound — and Afghan government workers fled their offices, emptying the city center. NATO and Afghan troops responded with barrages of bullets. At least 6 people were killed and 19 wounded.

Early Wednesday morning, occasional explosions could still be heard, and the Kabul police said they were continuing to count the number of dead insurgents. The Interior Ministry said Tuesday that it appeared that at least seven had entered the city. At least five took positions in a 14-story building under construction with clear sight lines to the targets.

As the gunfire pounded, loudspeakers at nearby embassies kept repeating: “This is not a drill, this is not a drill. If you are in a secure location, do not move.”

Winning hearts and minds much?

I Call This Sanity

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The fact that the Obama administration has suspended military aid to Pakistan is a sign that a bit of common sense has emerged in American foreign policy:

The U.S. is withholding about $800 million in military aid to Pakistan over actions by the nuclear- armed country since the U.S. raid that killed Osama bin Laden, said White House Chief of Staff Bill Daley.

“They’ve taken some steps that have given us reason to pause on some of the aid which we’re giving to the military, and we’re trying to work through that,” Daley said yesterday on ABC’s “This Week” program. “Until we get through these difficulties, we’ll hold back some of the money that the American taxpayers have committed to give.”

The problem is that most of the Pakistani state security apparatus, and truth be told, most of the Pakistani body politic has defined itself in terms of a Ragnarok with India, which, given that they are both now nuclear powers, is completely insane.

Once you understand this, it means that any arrangements with Pakistan are the temporary result of a temporary confluence of interests.

India Shortlists Rafale and Typhoon for MMRCA Shortlist

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Well, I was wrong in my guess that MiG would win this.

But India has narrowed the bid to the French and the British:

The United States lost a hard-fought competition to supply a new generation of fighter jets to India, which has listed two European manufacturers as the finalists for an order estimated to be worth $10 billion.

The decision was a blow for President Obama, who had pushed hard for this and other defense deals during his visit to India in November as part of his agenda to deepen and broaden the United States’ relationship with India. The American ambassador to India, Timothy J. Roemer, who separately announced on Thursday that he would resign from his post for personal reasons, said the United States was “deeply disappointed by this news.”

While political and economic relations between India and the United States have been warming for years, American arms makers have struggled to win big contracts here. After decades of frosty relations during the cold war, which pushed India to rely extensively on the Soviet Union for military hardware, many in the Indian defense establishment are still wary of American intentions and United States military aid to Pakistan, India’s main adversary.

The American bid to build the fighters came from Boeing and Lockheed Martin. Boeing had offered its F/A -18 jets, and Lockheed Martin pitched its F-16 planes. But India instead narrowed the list to the Rafale fighter from Dassault and the Eurofighter Typhoon jet made by a consortium of European companies. Russian and Swedish bids were also turned down.

I’m not sure what the calculus here.

These aircraft are clearly more capable in terms of payload and range than the Rafale (which is the light weight of the bunch) and the F-16, and faster than the F-18 (so is just about everything flying with an afterburner), and likely more reliable than the MiG.

My handicapping of the race? I think that Dassault is desperate for an export sale, and so will be willing to take a hit up front, and when this is juxtaposed with the fact that the IAF already has experience operating the Mirage 2000, I would give it a slight edge.

CIA Mercenary Released After US Pays Blood Money

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And I mean this literally.

Under Pakistani law, if the families of the victim accept payment, the defendant can be acquitted, and this is what happens in Pakistan.

The fact that the US government had to pay several million dollars to the families in order to extract their “diplomat”, his status is actually indeterminate, marks a shift in diplomatic immunity.

Scott Horton notes that this is a shift in how governments view diplomatic staff, but I’m not so sure that it’s a change in policy as much as it is a recognition by foreign governments in areas of intense US interest that the establishment of sprawling embassies, consulates, and various satellite offices have nothing to do with diplomacy, and everything to do with placing spies in those places.

If You Want to Go Postal at Work, Follow the Example of the Indians

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And I mean East Indians, not American Indians.

You see, they don’t go after their cow-orkers, they go after their boss, as in this case where they fired a member of senior management:

Indian police have detained two people after an angry mob of sacked steel workers burned to death a senior executive.

After learning they were laid off, about a dozen workers attacked a 4×4 vehicle carrying Radhey Shyam Roy as he was leaving the factory in eastern Orissa state on Thursday.

They doused it with petrol and set it ablaze, said police Superintendent Ajay Kumar Sarangi.

Needless to say, I do not endors violence against employers, even senior managers, but the fear of such violence does appear to be the only way to restrain their behavior, given that the moneyed class is pretty much above the law in most of the world, including the good old USA.

H/t JR at Stellar Parthenon.

He’s Not Just CIA, He’s Blackwater

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And it appears that he was working as a contractor for the CIA, and former, and perhaps currently, worked for Blackwater or Xe.

It should also note that the New York Times has been told by the government that it has permission from the US government to confirm his CIA connections.

Permission from the government? Whiskey Tango Foxtrot? (Glenn Greenwald is somewhat more articulate on this issue.)

So he’s a contractor, and considering his background, perhaps the appellation “mercenary” would be appropriate, said the contractor (working as an engineer, not a shooter).
In any case, the fact that they are admitting this means that both CIA and the State Department are very worried about this.

Just Who, and What, Is Raymond Davis

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He’s currently being investigated for a double murder in Lahore, Pakistan, and the US government is claiming that he has diplomatic immunity, and so must be released.

There are a number of peculiarities here. As constitutional lawyer
Scott Horton notes, the issuance of a diplomatic passport does not convey diplomatic immunity, the host country formally recognize and accept their diplomatic status.

Also, it’s unclear if he was a diplomatic or a consular officer and if the latter, then the charge, double murder, would certainly not be covered by any immunity.

In fact, immunity might not apply in either case, since the Vienna convention does not apply to serious crimes, like, for example, murder.

Additionally, thanks Dave Lindorff of Eurasia review for this, it appears that Mr. Davis was not a consular or embassy employee, but rather the employee of a defunct security firm, Hyperion Protective Consultants, LLC, which makes his status even more suspicious.

Also, when caught, he had at least two guns in his car, a number of cell phones and batteries, and a telescope.

Linhoff also reports that the two Pakistanis were shot in the back, and that he has received reports that they were not just two guys on a motorbike, but in fact operatives of Pakistan’s security service, the ISI.

Given the circumstances, and the fact that a heavily armed strike team in the SUV rushing from the US consulate to try to snatch him from police immediately following the incident, and running down and killing a person in the process, I would be inclined to believe that whatever he was doing there had nothing to do with diplomacy.

One interesting factoid in all of this is that his arrest has corresponded to an unusual lull in drone strikes, which would be consistent with his having a senior managerial role in those operations:

A mysterious halt to U.S Predator strikes on Pakistan after the Raymond Davis incident in Lahore has led to intense speculation the American “diplomat” was connected to the Drone program even as Washington and Islamabad are going eyeball-to-eyeball over his status.

Davis, 36, was apprehended by Pakistani police after he shot dead two Pakistanis on a busy Lahore thoroughfare on January 27, four days after the last drone U.S Drone strike in Pakistan. There has not been a single strike in the 25 days since then, making it the third-longest period of inactivity since the U.S ramped up the Predator program to take out terrorists infesting Pakistan’s frontier regions, according to Long War Journal (LWJ), a blog that tracks U.S Predator attacks.

Speculation is now rife that Davis was somehow connected to the Predator program since he was reportedly carrying a GPS, telescope, camera and assorted equipment not usually associated with thoroughbred diplomats. Pakistani authorities have also accused him of unauthorized travels to the Frontier region and being in touch with extremist elements in Waziristan, which suggests he might have been coordinating the attacks with U.S moles in the region.

While Davis claimed that he shot the two Pakistanis in self-defense when they were trying to rob him, some reports have said they were ISI tails assigned to follow him because the Pakistani intelligence felt he had crossed certain unspecified “red lines.” Those red lines may have involved discovering the Pakistani establishment’s links with terrorists group, a pursuit which led to the death of Wall Street Journalist Danny Pearl.

I’m thinking that Hyperion Protective Consultants, LLC, is about as real as Brewster-Jennings was for Valerie Plame, and that he works for the CIA, some other TLA (three letter agency), or a contractor hired by some arm of the US government.

It would explain why heads have been exploding at Foggy Bottom (State), and probably Langley (CIA) as well, for the past few weeks.