Category Archives: Comment

Public Comment on the Rainy River Watershed Withdrawal

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My written comments ran to five pages, so instead of posting them here, I put them online as a PDF, which you can read here. I also made a three-minute comment in the live session hosted by the Bureau of Land Management and the US Forest Service this afternoon. My comments focus mainly on the story I’ve been pursuing for the past few years — a story of corruption. The first couple of paragraphs convey the general idea:

Federal lands in the Rainy River Watershed should be withdrawn from disposition under US mineral and geothermal leasing laws for the proposed initial twenty-year period, if not permanently. This is an overdue decision, grounded in science, economics, law, and environmental ethics.

Why, then, hasn’t it already happened? How did this withdrawal process, which started in 2017, go off track? Agency records obtained through the Freedom of Information Act show clearly that a foreign mining company, Antofagasta plc, acted to prevent the withdrawal; and from 2017-2021, members of Congress and the executive branch ran political interference on its behalf. Decisions taken behind closed doors during that period served foreign private interests, not the American public interest. The agencies now have an opportunity to rectify the situation.

I end with three recommendations:

The announcement on October 20, 2021, that the Biden administration will complete the “science-based environmental analysis” was encouraging. Given all the political interference, the two-year study really ought to have been started all over again, from scratch, in the interest of scientific integrity. At the very least, USDA Secretary Tom Vilsack should release – unredacted — the preliminary findings of the canceled two-year scientific study, so that they can be compared with the new and complete analysis.

As agencies work toward a science-based decision on the twenty-year withdrawal, they also need to take additional steps to restore public confidence and guard against undue influence. As a first step, the USDA Inspector General could review Secretary Perdue’s decision to cancel the 2017 withdrawal process and report on scientific independence, ethical conduct, and political interference at the agency.

Finally, the agencies can help raise standards. Industry repeatedly assures us that non-ferrous mining in the Rainy River Watershed and elsewhere can be done “responsibly,” and there are a growing number of calls, from Congress and from within the Biden administration, for “responsible mining” for the transition to renewables. How should government respond? Rigorous and practical guidance for agencies on the law and ethics as well as the technical and scientific aspects of “responsible mining” would be a good start.

Here is a recording of my three-minute live comment, which tracks all this pretty closely. Video is cued to the mark.

The Second Most Important Chart in the New IEA Report

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This is probably the most important chart in the new IEA report, Net Zero by 2050:

It answers the question I asked when I first read about the report in today’s New York Times: what happens without the “unprecedented” global cooperation the report calls for?

In that likely scenario, the IEA does not see the world arriving at Net Zero emissions until around 2090 — which means we will have missed important targets (including limiting average global temperature rise to 1.5° Celsius warming). It also means a much less livable human future.

The second most important chart, to my mind, is this one, predicting  growth in demand for critical minerals such as copper, nickel, cobalt, lithium, and rare earth elements.

The report breaks it down further:

In a short Twitter thread I wrote this morning, I offered this guess:

 

More Meaningful Consultations: A Comment on the Biden-Harris Plan for Tribal Nations

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The incoming administration promises to reinstate the tribal consultation mandate. More can be done to meet the standard set by the RESPECT Act and make consultations more meaningful.

Federal agencies are required to consult with Native American tribes (and with Alaska Native Corporations) on infrastructure projects — highways, dams, or railways, for instance — and on permits for mines, pipelines, and other industrial development projects when they affect tribal lands and interests. Consultation policies and practices vary from agency to agency, but in all cases these consultations are supposed to be “meaningful.” What makes them so needs to be carefully spelled out.

“To promote robust and meaningful consultation,” the Biden-Harris Plan for Tribal Nations promises to reinstate the Consultation mandate put in place by the Obama administration and “ensure that tribal consultations adopt best practices consistent with principles reflected in the RESPECT Act.” The Act in question is H.R. 2689, which languished in the House after being introduced by Representative Raul M. Grijalva of Arizona in the 115th Congress. The Act sought to establish, among other things, this Sense of Congress:

effective, meaningful consultation requires a two-way exchange of information, a willingness to listen, an attempt to understand and genuinely consider each other’s opinions, beliefs, and desired outcomes, and a seeking of agreement on how to proceed concerning the issues at hand; and consultation can be considered effective and meaningful when each party demonstrates a genuine commitment to learn, acknowledge, and respect the positions, perspectives, and concerns of the other parties.

The Act sets the bar for everyone involved. It describes meaningful consultation as deliberation among equals, a good faith undertaking to seek (but not necessarily reach) agreement together. It places more emphasis on recognizing different perspectives and positions than on reconciling them. It highlights a genuine and joint commitment to listen and develop understanding of each party and of the issues. Meaningful consultation will go well beyond mere transaction — or information exchange — to encompass learning and collaboration. Rooted in mutual respect, consultation can be both a dignifying encounter and an adventure.

The standard the RESPECT Act sets for meaningful consultation is worth reaching for right now, even if it remains to be seen whether Representative Grijalva will reintroduce the bill and whether the 117th Congress will make it law. Here are a few areas where work might begin.

  • Information ethics should develop with information systems.

A 2019 Government Accountability Office study of 21 Federal agencies discovered an information gap: agencies simply do not have accurate contact information for the appropriate tribal representatives. To remedy the situation, the GAO recommends that the Federal Permitting Improvement Steering Council develop a plan for establishing a central federal information system. While centralization might serve the FPISC goal of administrative efficiency, it can also raise significant issues around security and trust. Sharing control of data and data governance with tribes might help alleviate such concerns.

Information systems are already evolving to accommodate new collaboration technologies (like channel-based messaging and videoconferencing) to support consultation. Best practices still need to be identified and shared; and, just as importantly, inequities need to be addressed. As noted in the Biden-Harris plan, rural areas and reservations are disproportionately underserved by high-speed internet. It will take significant investment in broadband and 5G before new applications can be brought into the mix.

Where information technology can help consultation in other ways — with topological, geological, and archaeological reviews — other ethical considerations arise. Centering the discussion on shared data and published scientific information can help temper conversation and prevent powerful outside groups from exercising undue influence, but the model also has its limits. When scientific understanding appears to be incommensurate with tribal knowledge of the land, waters, and regional history, respectful consultation will strive to give both due consideration.

  • Dialogue will determine the value of information.

The text of the RESPECT Act itself could be amended to reflect its own sense of what makes consultation meaningful. The Act aims to “ensure that meaningful Tribal input is an integral part of the Federal decision-making process.” In this caption and throughout the Bill, the effect of the word “input” is to cast tribes as information sources, not full-fledged participants. Gathering or recording tribal input is only the first step at building dialogue, where information acquires meaning.

The colorless, technocratic term “input” appears to have found its way into the legislative lexicon via the Unfunded Mandates Reform Act of 1995 (Section 204), which calls upon agencies to “permit elected officers of State, local, and tribal governments…to provide meaningful and timely input.” Five years later, Executive Order 13175, still the touchstone for tribal consultation policies, moves beyond granting tribes permission to mandating “an accountable process to ensure meaningful and timely input.” This order does not, however, contemplate ways federal agencies might be accountable to their tribal counterparts, as they would be in a cooperative undertaking.

No surprise, then, that sixty-two percent of tribes surveyed by the GAO “identified concerns that agencies often do not adequately consider the tribal input they collect during consultation when making decisions about proposed infrastructure projects.” This finding appears to indicate that agencies cannot consider all by themselves the input they collect. Due consideration will take building “meaningful dialogue” — as a 2009 Presidential Memorandum on Tribal Consultation puts it — through “regular and meaningful consultation and collaboration.” It is best undertaken jointly.

  • Consultation still falls short of consent.

The 2007 UN Declaration of the Rights of Indigenous Peoples establishes that states “shall consult and cooperate with the indigenous peoples” to this clearly-stated end: “in order to obtain” Free, Prior, and Informed Consent. A 2010 State Department Announcement of US support for the Declaration fails to take into account the subordinating conjunction “in order to” and the purpose it unambiguously indicates, allowing only that the US understands the Declaration “to call for a process of meaningful consultation with tribal leaders, but not necessarily the agreement of those leaders.” Instead of securing informed consent, as required by UNDRIP, the consultation process becomes a way of reserving discretion.

From the tribes’ perspective, as summarized in a 2017 study, consultation is merely box-checking unless undertaken with the aim of obtaining free, prior, and informed consent or at least reaching compromise. The Biden-Harris plan takes a step in this direction, promising to “uphold leasing and right-of-way regulations that strengthen tribal sovereignty and ensure tribal consent on tribal lands.” The plan makes no mention of the UN Declaration, however, and it remains to be seen how far this deference will extend.

Consent places front and center issues of self-determination, of autonomy and, in the context of government-to-government relations, sovereignty. One test of respect for self-determination comes when tribal leaders withhold consent or say “no,” as the obligation to obtain consent clearly implies the right to withhold it. Efforts to overlook or sidestep that obligation altogether are bound to diminish confidence that consultations will be appropriately heeded and outcomes will be just.

This serious shortcoming — which cries out for remedy — need not be a fatal flaw. “No” might signal a standoff or it might offer an opportunity to articulate and explore alternative plans. Good faith, constructive disagreement can test unexamined assumptions, illuminate unseen risk, and bring new interlocutors to the table. Agreeing to disagree need not mark the end of negotiation; it can indicate that parties will acknowledge differences, respect the distance they establish, and rejoin the dialogue.

Though consultations do not satisfy the human rights obligation to secure free, prior, and informed consent and do not necessarily yield agreements, they can help agencies take tribal interests into account and help tribes gain better understanding of (and some say in) decisions that affect them.

On a practical level, starting consultations early and returning to them throughout the life of a project can prevent conflict and costly delay further down the road. Just as importantly, consultation can help agencies gain much-needed perspective on emerging risks and complex problems, from economic and energy policies to food security and environmental protection.  And taking steps to improve tribal consultations might also raise the bar for other public consultations, making government a little more responsive to all citizens.

Ultimately, however, consultation will be meaningful only to the extent that all parties so find it.

Update: On January 26, President Biden issued an Executive Memorandum on Tribal Consultation and Strengthening Nation-to-Nation Relationships, reinstating the consultation mandate. The Memorandum directs agency heads to consult with tribes before developing a detailed plan of actions the agency will take in this regard and to keep the OMB apprised of progress made against the plan.

A First Note on Naim’s End of Power

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I didn’t read Moises Naim’s The End of Power when it was fashionable to do so a couple of years ago, after Mark Zuckerberg put the book on his recommended reading list. In fact, I am so unfashionable that I hadn’t heard of the book until yesterday, when I came across a reference to it in an article in El Pais and was intrigued enough to download a Kindle sample chapter (the local bookstore didn’t have a copy I could look over). I plan to continue with it, mainly to see what Naim has to say about cooperation, co-deliberation and joint commitment — themes I’ve been exploring in my posts on the power of asking.

So far, not much. Naim tends to present deliberation as a dissolution of power, instead of appreciating that there is power in it. He wants to remind us that the decay of power he’s documenting in this book can lead to stalemates and “ineffectiveness”; but he risks going too far in the other direction:

A world where players have enough power to block everyone else’s initiative but no one has the power to impose its preferred course of action is a world where decisions are not taken, taken too late, or watered down to the point of ineffectiveness.

There is not much patience in these opening pages for gathering as equals and talking things over, little appreciation that taking decisions together can be something other than head-butting, very little room at all here for co-deliberation (in the course of which players might veer, or would be open to veering, from their preferred course and adopt another course). It’s a world without much charity. Conversation and coordination with others — yielding or deferring to them — just delays or creates obstacles to action. Effectiveness is all. Order is a necessary and one-way imposition, for Naim, and the quicker order is imposed, the better. A world in which “no one has the power to impose” upon others, he warns, threatens to collapse into “chaos and anarchy.”

This, I gather, is one of the main arguments of The End of Power. The trouble I’m starting to have with it has to do with Naim’s Hobbesian view of things and his definition of power: “Power is the ability to direct or prevent current or future actions of other groups and individuals.” Look at those verbs. Power directs and prevents others: command and control. Or, look at the preposition Robert Dahl uses when he defines power in “The Concept of Power,” a paper Naim cites approvingly: “A has power over B to the extent that he can get B to do something that B would not otherwise do.”

Even in that sentence there is much to unpack, and, as I say, I’ve just cracked the book. But I am wondering if in subsequent chapters Naim will offer any consideration of power that is not power over others but power with them.

A good idea, and just in time for proxy season

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This is a good idea, and the 2017 proxy season is the time for shareholders to act on it.

As Eliza Newlin Carney points out today in The American Prospect, “a long list of fossil fuels and mining companies support the Cardin-Lugar rule, including BHP Billiton, BP, Kosmos Energy, and Shell, whose executives say it promotes good governance, creates a level playing field, and is in the best interests of American companies.” (Notably, Exxon, under CEO Rex Tillerson, who is now our Secretary of State, lobbied against the rule.)

A shareholder resolution requiring disclosure of payments to foreign governments would simply ask companies to continue doing what they were previously required to do under section 1504 of Dodd-Frank.

Another Thought On Gessen’s Shift

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In response to a comment on yesterday’s post about Masha Gessen’s “Trump: The Choice We Face,” I remarked that the opposition Gessen sets up in her essay between realist and moral reasoning seems a little too clean and stark. It is also not one we can carry over, intact, into political life.

We should like to be able to choose, always, between right and wrong, and do what is right; but life does not present itself in these terms, and it’s easy to imagine cases in which moral reasoning might prevail and political action would thereby be limited, or impossible; where strict adherence to the moral could usher in its own Robbespierrean terrors; or where we simply failed to take into account the extent to which moral reasoning is already conditioned and determined by the actual, by the real.

Of course we should try to temper realism with moral reasoning, but we should probably not complete Gessen’s shift: we can never operate entirely from one side or the other.

It’s important to recognize the shortcomings of the transactional and still reserve the power to deliberate about what to do and outcomes we would like to see. A balanced view wouldn’t force the choice between realism and morality, but allow for the fact that sometimes people have to get their hands dirty; and when they must, they can and should act while remaining fully aware — at times they will be tragically aware — of the moral difficulties in which they have entangled themselves.

It’s rare in life, and in political life rarer still, that we are able simply to substitute moral reasoning about right and wrong for practical deliberation, just as it’s always cold and inhuman to reduce practical deliberation to a calculation of costs and outcomes without consideration of what we owe to ourselves and others.

Après Moi Le Déluge

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APTOPIX Deep South Weather

From a 19 August 2016 Associated Press article, “Donald Trump to Travel to Flood Stricken Louisiana”.  Dee Vazquez, from left, helps Georgette Centelo and her grandfather Lawrence Roberts after they tried to recover their belongings from a family mobile home in Central, north of Baton Rouge, La., Monday, Aug. 15, 2016. (David Grunfeld/NOLA.com The Times-Picayune via AP)

There are many things at work in Trump’s reckless plan to withdraw from the Paris Agreement: it’s a sop thrown to big coal and voters in destitute coal-mining districts; it signals a retreat from twenty-first century global engagements and plays to the reactionary America First crowd; it’s a petulant thumbing of the nose at President Obama — the list could go on. The point I would make is simply this: the threat to withdraw from Paris demonstrates that the man about to assume the presidency has no understanding of agreements.

When I talk about his lack of understanding I’m not simply saying that this man, who reads from the teleprompter like a struggling fifth grader, doesn’t intellectually grasp what agreements are or how they work. He might well not; but the real issue, I fear, is that he has no inclination to learn. Time and again, the president-elect has shown us and told us that he does not respect agreements or appreciate the power they have. He will break them at will, because cooperative agreements and — perhaps more to the point — cooperation don’t appear to have a place in his moral outlook, his idea of power, or his general view of the world.

He is a purely transactional man. He doesn’t build cooperative agreements; he strikes deals that work to his advantage. This is a point I’ve noted before, when Martin Wolf wrote about Trump’s “transactional approach to partnerships” in the FT before the election. The foreign policy community is especially alert to (and rightly alarmed by) what this approach might mean in terms of existing alliances like NATO. As Ian Bremmer recently put it: “Trump views alliances transactionally, the way he views his businesses & marriages. Values don’t enter the equation.”

The nihilism — I think that might be the right word for what Bremmer is identifying — of the transactional man counts as both a moral deficiency and a political handicap. In the moral sense, others have no standing: there are no second persons; there is no plurality, only a first person singular. He and I have nothing between us, because (I am again quoting Bremmer) “common values don’t matter” and there is no enduring “we.” With no obligations to me, others or any who might come after, he is out to score. And should others refuse his terms, resist or demand recognition, he is likely to compensate for his lack of political prowess in the only way he can: by exerting hard power.

Après moi le déluge is pretty good shorthand for this attitude, especially as it relates to global climate risk.

Postscript: During a press conference this afternoon, President Obama himself offered a more hopeful view. He noted a “tradition” of carrying international agreements “forward across administrations” and stressed what he called “the good news” about Paris: the agreement formalizes practices already embedded in our economy, and we have already demonstrated that it’s possible to grow the economy and meet its goals. Paul Bledsoe took a different tack this morning on the BBC Newshour, when asked if Trump could simply undo Paris: “investments in the United States and around the world are being made by businesses who know that carbon constraints are inevitable.” Trump, he says, is “on the wrong side of history.”

Hope Yet? A Survey on the Livable Human Future

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I just conducted a completely unscientific survey on Twitter, asking whether we human beings have a livable future here on earth. The polling lasted twenty-four hours. Sixty-two people weighed in.

Here are the results, for your consideration.

The results were undoubtedly skewed by the way I worded the question and by the kind of people who follow me on Twitter and who are drawn to these issues. I’d put the question this way in an earlier exchange about the livable human future with Professor Sarah Lilly Heidt, and when creating the survey I didn’t fuss over it too much. I really just wanted to get a rough sense of the mood out there, and I figured the three choices (no hope, we’ll manage, and we will thrive) would do the trick.

Of course, if I could do the whole thing over — which I would love to do, on a much grander scale — I wouldn’t frame the issue in terms of despair, and I would like to drill down a little further to get at attitudes behind the answers.

Deepening the Dow Conversation

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“Let’s take this show on the road,” quipped Mark Tercek, President and CEO of The Nature Conservancy, at the close of Dow Chemical’s Google hangout on “Redefining the Role of Business in Society.” Moderator Alice Korngold guided the panelists, three Dow executives and a few big names in sustainability from the NGO world, through the hour-long hangout without a hitch; audience approval (registered via the thumbs up/thumbs down Applause function) seemed pretty consistently high. Everyone played their part well, and they had reason to congratulate each other.

Still, Tercek’s final remark was telling, a sort of gloss on the hour that preceded it. In fact, if I had to offer just one criticism of yesterday’s hangout — and I intend this to be constructive criticism — it would be that this was, essentially, a show. It lacked the spontaneity and the give and take of conversation, as well as the informality promised by the word “hangout” (and which characterizes hangouts I’ve attended and in which I have participated).

As a result, the hangout was less about “redefining” the role of business in society than promoting a settled definition of that role. Dow executives ran through talking points, and at several junctures even the people from the NGO world seemed to have adopted the jargon that Dow has developed around its 2025 sustainability goals. Where conversation would have uncovered discrepancies in order to work toward new understanding, here was little disagreement or dissent, and nothing like irreverence or skepticism — which are ways that interlocutors withhold assent and keep conversations honest.

For example, no one in the hangout challenged what in most other settings would be regarded as a relatively new and extraordinarily controversial idea: that business’s role is to “lead” society; no one suggested that it ought to be the other way around. The most vocal dissent focused on one small point: Peter Bakker, President of the World Business Council for Sustainable Development, said that he didn’t think it would be necessary for Dow to create another sustainability think tank. Maybe he’s right: the world has plenty of talk shops; but in this context, where it was quickly followed by Dow Chairman and CEO Andrew Liveris saying we need “do tanks, not think tanks,” it felt like another way to close the discussion, short circuit deliberation, and declare the matter settled.

I appreciate that this may not have been the appropriate occasion to invite others into the circle, to take live comments, or open bigger questions that couldn’t be resolved in the short space of an hour. I appreciate, too, the effort it takes to bring a twentieth-century industrial giant like Dow into a twenty-first-century online social forum, and the legitimate concerns about everything from reputation to litigation that effort raises. But the broadcast quality of this hangout lent it an air of artificiality and, more importantly, just didn’t seem to jive with the commitment Dow has publicly made to collaboration, dialogue, listening, and building social capacity.

Clearly, the sustainability goals Dow has set for itself warrant a more inclusive and dynamic conversation — where the outcome is not set in advance, and which allows heterodox views, strong dissent and unresolved, maybe irresolvable differences. That’s especially true because Dow claims to be serious about its sustainability goals — this isn’t just window dressing — and what Liveris called its sustainability “journey” has only just started.  At the very least, subsequent conversations should tease out and develop some salient points about this ambitious program and the thinking behind it. Here, I’ll confine myself to identifying just three of these points, based on what was said during yesterday’s hangout.

The first issue concerns the historical roots of the corporate sustainability movement. Two participants in the hangout, Liveris and John Elkington (who coined the phrase “Triple Bottom Line” and has written extensively on the subject) both traced it back to the 1960s, and what Liveris called their “hippy” days.* But, as Elkington came close to suggesting, sustainability thinking also has roots in the reactions of the 1970s and 1980s, which saw the rise of neoliberalism and the idea that markets can offer solutions to social problems, sometimes better, or at least more efficiently, than governments.** This is obviously not just a debate with historical interest; it is a question of the commitments — and the ideas about business’ role in society — that sustainability thinking carries with it.

The second point worth discussing and developing has roots in the 1970s and 1980s as well. This is the idea of natural capital. It not only went unquestioned in the hangout; it seems to have achieved the status of an article of faith. The trouble isn’t just that the figures used to calculate natural capital are made of  “marmalade,” as George Monbiot put it in a lecture on the topic, and reduce the inestimable — the natural, living world, all of creation, if you like — to the merely estimable; but there were several points during the hangout where that trouble lurked just beneath the surface. There are other objections that merit fuller discussion here; namely, that the concept of natural capital:

[harnesses] the natural world to the economic growth that has been destroying it. All the things which have been so damaging to the living planet are now being sold to us as its salvation; commodification, economic growth, financialisation, abstraction…. what we are doing here is reinforcing power, is strengthening the power of the people with the money, the power of the economic system as a whole against the power of nature.

That’s Monbiot again. The point is not that he’s right, though I think he’s got a strong argument here. Agree or disagree, meeting these arguments and others like them when it comes to natural capital would produce a much deeper, more nuanced and truer understanding of the interventions that sustainability thinking requires.

And finally there’s that question of power that Monbiot raises, which I would recast in this context as a set of important ethical considerations that cluster around the idea that you can do well by doing good. At one point, Liveris ran through some impressive numbers to suggest that Dow has figured out how to make sustainability profitable. But there was no mention during the hangout of what agency or power will hold Dow and other companies to account — or oblige them to meet their responsibilities — in case of non-performance.

The unspoken assumption just underneath the surface here seems to be that we are to trust the company, because its intentions are good; or at least the intentions of its executive team are. There’s no reason to doubt that, but if you are rolling out a “blueprint” for society’s future, as Dow says it is, you are also assuming responsibilities toward the people who now live and will live where you plan to build that future. So to get buy-in to the blueprint, earn the trust and engage the energies of all those people, it’s important to enumerate and discuss those responsibilities, to put in place appropriate checks that measure success in society’s terms, not just in business terms, and to prescribe remedies in case of failure.

All this brings me back to Bakker’s suggestion that the world does not need another think tank, and the idea that it’s time for Dow and other companies to partner with NGOs and other social institutions in order to start “doing.” The challenges Dow is trying to address —  climate change, clean water, food security, income inequality and youth unemployment were among the issues Liveris enumerated — are no doubt urgent. But a focus on “solutions” to pressing problems can’t be an excuse to short-circuit discussion or sidestep political process; and we should be careful not to mistake the advance of a business agenda for social progress, or, in our rush to meet the very real challenges the world now faces, confuse the two things. The thing we need to sustain, right now and into the future, is the conversation.

*Postscript, 18 April 2015: The day after I wrote this post, a friend brought this provocative 2006 essay by Slavoj Žižek to my attention. Here, Žižek characterizes professions of “love” for May 68 as a staple of “Porto-Davos” sustainability discourse: “What an explosion of youthful energy and creativity! How it shattered the confines of stiff bureaucratic order! What an impetus it gave to economic and social life after the political illusions dropped away! And although they’ve changed since then, they didn’t resign to reality, but rather changed in order to really change the world, to really revolutionize our lives.”

**Postscript, 14 December 2015 Joe Bakan offers a smart discussion of this point in “The Invisible Hand of Law: Private Regulation and the Rule of Law”. see especially pp. 293-4 and 297-9.

To the Edge of the Gap with Satya Nadella

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It’s hard to believe that the people around Microsoft CEO Satya Nadella did not prepare him for a question about the pay gap at the Grace Hopper Celebration of Women in Computing conference, and even harder to believe that they would advise him to tell women to stop asking for a raise and place their “faith,” instead, in “karma.” Nadella must have gone off script, or lost his talking points on the way to Phoenix. He tried to backpedal on Twitter later in the day, but by then the damage was done.

There is a transcript of the mess here. Nadella starts by talking about the inefficiencies of “HR systems” and ends up endorsing a corporate caste system, in which karma determines station. He advises talented women that the arc of Microsoft universe is long, but bends toward justice: they should keep the faith, keep working and just keep quiet about the whole equal pay thing.

Today, he’s repented, in an email to Microsoft employees: “if you think you deserve a raise, just ask for it.” He’s also committed, he says, to closing the pay gap at Microsoft. The trouble is, telling women they should “just ask” for raises may indicate that the CEO has found a formula that will allow him to remove his foot from his mouth, but it isn’t going to solve the problem.

In fact, research by the organization Catalyst — which I’ve written about in another post — shows that while the system may reward men in roughly the way Nadella describes, giving them “the right raises as [they] go along,” it does not so reward women; and when women ask for raises, their requests go unmet. It’s hard to have faith in a system like that.

The whole incident brings me back, of course, to my ongoing interest in the power of asking, which is the power in question here.

“Just ask” sounds like permission; but permission does not necessarily entail power. What’s fascinating about the Catalyst research on what happens when women ask for raises is that it clearly shows that the power of asking is a power we have to confer on others: it’s the power we give the other to make claims (or demands) on us.

We confer that power when we recognize the other’s status as a second person, or — to put it another way — when we recognize in them an authority equal to our own.

Respect that authority, and we are mutually accountable to each other. Disrespect or disregard it, and we deny others the status of persons, make them instruments of our will or means to our ends. We dehumanize them, or fail to acknowledge them as fully human.

Of course, respect of this fundamental order is not something Nadella can institute at Microsoft by tweeting about “bias,” emailing his apologies or by executive fiat. But a good place to start the broader conversation about closing the pay gap (at Microsoft, in the tech industry or throughout the business world) might be to see it, and approach it and address it as a basic power gap that only true respect for persons can bridge.