Archive for ‘July, 2009’

Clayton Weatherston put a knife in his bag, went to his ex-girlfriend’s house and stabbed her to death. He admits to all of that but he is pleading not guilty to murder, and s169 of the Crimes Act means he may only be found guilty of manslaughter. s169 says that blaming her is a defence, it says that if she provoked him and he killed her it is not murder.

It sounds far fetched, but it’s happened many times before. In 2006 Tevita Noa was found not guilty of murder; he had beaten his wife to death with a cricket bat after finding explicit photos on her cell phone. Amsheen Arif Ali stabbed Colin Hart five times, only manslaughter because Hart had made sexual advances toward him. Phillip Edwards bashed David McNee in the face 40 times, stole his car and possessions and boasted about it afterwards, only manslaughter because McNee, paying Edwards for sex, had touched Edwards’ anus.

s169 enshrines blaming the victim in law – it says that in New Zealand a man may beat a woman or a gay man to death as long as it’s their fault, her fault for wanting to leave, his fault for being gay.

In 2007 the Law Commission recommended the repeal of the section and … nothing.

Earlier this year Simon Power’s office told me

I expect to consider these proposals later this year, and will assess, at that stage, how any reforms of this nature might fall within the Government’s current legislative priorities.

But … nothing.

So, if you want to live in a country which doesn’t enshrine victim blaming in law, write to Simon Power and ask him to repeal s169 of the Crimes Act, ask him to treat the murder of wives, gay men and ex-girlfriends as murder.

[Many thanks to Idiot/Savant who has kept this issue on the agenda]

National are, true to prediction, privatising health provision. Also true to prediction they are doing so in a way that gives all the wins to the private sector and keeps all the financial risk for the taxpayer. Private providers may look low cost, but that’s only because they transfer huge amounts of cost to the public sector in terms of both management and back-stop services.

To give an example of a well known issue with private providers, every hip operation has a low very chance of complications leading to the patient spending time in an ICU.

When we cost public provision of a hip op we cost in a part of the cost of public ICU services. When we cost private provision we don’t, but we have to pay for the public ICU costs on top of the private hip op charge. That’s the first issue with the private provider efficiency – they rely on expensive back stop services being provided by the public sector. So we screw the costing model so that the private provider can make a profit off every hip op that goes well, and the public system ensures them against additional costs for the unavoidable not-so-good outcomes. Privatise the profit, socialise the loss!

The second is that there is additional cost in transferring a patient with complications from a private provider to a public ICU – we’re not only screwing the cost model to the benefit of private providers, but we’re actually incurring extra costs to do so.

Third problem? No matter who actually does the surgery “bureaucrats” are required to manage the provision, the eligibility, the bookings, the payments, etc. If one region uses eight small private providers then while each provider might look cheap and light on management there’s going be a team somewhere in the public system making sure that all the patients are allocated and treated, that the contracts are negotiated and the bills are paid and so on. Again, more inefficient that a single large provider responsible for both allocation and provision, again designed to make the private sector look lean and efficient, and the public sector bloated with bureaucrats.

Why, when so many other countries have proved that private healthcare provision is neither cheaper nor more effective thanpublic provision, when our largely private primary health provision is failing to meet demand, and when it is obvious that the private sector would only involve itself in healthcare so it could turn tax dollars into a tidy profit, is National pushing on with privatisation?

Part of the answer is ideological blindness, but part is also the make up of National and its closest friends. The links between National and the private healthcare lobby go back decades. In recent times the fundraising, personal and lobbying ties between National and the Private Hospitals Association are well documented in The Hollow Men, and a quick glance through the list of current National MPs shows just how entwined they remain, from Michael Woodhouse (ex-President of the NZ Private Surgical Hospitals Association), to Jonathan Coleman (a consultant in the medical sector) the list of Nats with personal interests in the profiteering of the private healthcare sector is deep and long.

Between ideology purity and self interest it looks like we’re on a long journey to inefficient expensive and ineffective privatised healthcare courtesy of Tony Ryall, John Key, and friends.

[This borrows from a comment I made on this thread at The Standard. Marty G has some great analysis on just how much of the current National spin about healthcare costs is … just spin]

Convincing the Police we have a right to protest

datePosted on 13:01, July 4th, 2009 by Anita

It is good to see that – after a 12 year battle – the right to protest in Parliament grounds is finally being reaffirmed. The short version is that in 1997 the then speaker Doug Kidd authorised the arrest of 75 people protesting against education reforms in Parliament grounds and later trespassed them all. It has taken 12 years for the speaker’s office and the Police to finally agree to apologise and pay compensation.

It is frustrating that in a supposedly open democratic society there are so many example of the Police and authorities trying to stifle dissent, and that it takes many years and many costly lawyer hours to get to a point the courts finally make them back down. Recent examples that spring to mind are people being arrested and prosecuted for writing in chalk on a footpath, using a loud hailer and blowing a whistle again on a public footpath, and burning a NZ flag (which required a High Court appeal). If you’re interested in more examples I found this article while I was checking I remembered the chalk incident correctly.

In theory the Police are there to protect our rights, including our right to participate in democratic protest, but it frequently feels like their main goal is to protect the dominance of the current power elite. It was interesting to see this scenario appear in the ethics training material the Police have developed since the Commission of Inquiry into Police Conduct (driven by the Police rape trials)

Ethical dilemma example 7
I would like to imagine this is a sign of a turning tide, and the Police will now be protecting our right to protest, but recent examples of deliberate and exploitative infiltration of protest groups, and the use of defenders of torturers like Mark Lowenthal by the Police for training and advice is hardly a good sign. Do these recent examples pass their own test?

NZ Police SELF test

Thank you, Lyndon Hood

datePosted on 11:38, July 3rd, 2009 by Lew

Your s59 referendum decision-making flow-chart is a thing of beauty.

L

The bloodless coup that ousted Honduran president Manuel Zelaya this past week has been universally condemned by the UN, OAS, EU, major human rights, civil liberties, academic and policy organisations, as well a scores of individual countries throughout the Western Hemisphere and beyond (although I have not found any public record of NZ’s response, which makes me wonder about the Key government’s attitude towards such things). Approval of the coup has been limited to the Zelaya’s opposition in Honduras, Republican bloviators and reactionary chickenhawks such as those that infest the threads at places like DPF’s blog (although DPF himself has speculated on the legitimacy of the Honduran coup, he stopped short of endorsing it). For these intellectually challenged folk, Barack Obama (rather than the US State Department or US government as a whole) has sided with Hugo Chavez and Fidel Castro in defense of another socialist authoritarian and against “freedom” (as if the US stance was the end-all and be-all of regional politics).  Since I am not smoking the type of left handed cigarettes that produce such hallucinations, let me clarify the facts of the case, then offer some thoughts on the subject of coups in general since I have lived through a few and have studied them as part of my professional life. What is clear is this: the coup ended 15 years of peaceful electoral politics in Central America and is only the second in Latin America in the last 25 years (the other was against Hugo Chavez in 2002 and lasted less than a week). Since these were the longest periods in Latin American history free from overt military intrusion in politics, it is a sad event on that score alone. But was the coup justified?

Manuel Zelaya is a populist who was elected by a comfortable margin in 2006. He campaigned on a predictable platform of anti-elite reform (even though he comes from the rural landowning  elite himself), and by all accounts was popular with the majority. But this year, as his constitutionally mandated term office came to its conclusion, he lobbied for a constitutional reform that among other things was believed by many to include unlimited term limits on the presidency (which would allow him to run again). This constitutional jury-rigging proved successful for Chavez in Venezuela, and some thought it was this model that Zeleya was following.

If so, the trouble for Zelaya was that unlike Chavez he did not have a supplicant Congress, compliant judiciary or allied military backing his plan. Instead Congress, the Supreme Court and the military all resisted the move. Although it may be true that these entities are dominated by elite interests and therefore not so much opposed to Zelaya as what he represents, they were, under the existing Honduran constitution, within their rights to resist his pressure to that end. Confronted by that resistance, Zelaya went public with demands for a non-binding referendum on whether a constitutional reform was necessary (the referendum was scheduled for the day after the coup), and in the week before his ouster had marched with several thousand supporters on a military base in order to take possession of balloting papers stored there. That appears to have been the final straw (as a direct challenge to the corporate integrity of the armed forces), and within days a Supreme Court justice signed a writ authorising his arrest by the military on charges of treason and fraud. His arrest and deportation followed hours later.

Contrary to what conservatives claim, in opposing the coup no country is siding with Castro and Chavez out of ideological affinity. All 34 member nations of the OAS have condemned the coup and refuse to recognise the new government, as has the UN General Assembly (in fact, OAS Secretary General Jose Miguel Insulza accompanied Zelaya to New York in order for the latter to make his case to the General Assembly). Under provisons of the 1991 “defense of democracy” clause inserted into the OAS Charter (resolution 1080, which was supported by the Bush 41 administration and which includes provisions for the establishment of a Unit for the Protection of Democracy in the event democratic stability is threatened in any member state), and the 2001 Interamerican Democratic Charter, a 2/3 majority of the Permanent Council of the OAS can vote to suspend member status to any state in which a democratically government is overthrown by force. Resolution 1080 was used to justify the multinational military intervention in Hait when the democratically elected Leftist government of Jean-Bertrand Aristide was overthrown by the military junta led by general Raul Cedras (which was also the first time in regional history that the US intervened against a pro-US military government in support of an anti-US democratic government). The IADC was invoked against the Venezuelan coup-mongerers in 2002. Hence, rather than evidence of some commie sympathies, US and other opposition to the coup is firmly grounded in international law, regional treaty obligations and multilateral institutions.

The Honduran military points out that it has not assumed power and no one died in the action against Zelaya. Instead, Zelaya’s constitutionally designated successor took his place and the Supreme Court declared the whole process to be legal. Elections scheduled for November will proceed apace. Point noted. We shall call this, then, a “soft” coup (as opposed to the 1973 coup that ousted Salvador Allende in Chile or the 1976 military coup in Argentina).

The problem for the Honduran military is that the action was overkill given the circumstances. Ousting a democratically elected president because he is pushing for a non-binding popular referendum is a bit much when other avenues of recourse, such as his arrest by the police or tax authorities on civil or criminal charges, could have allowed him his day in court and averted the situation now unfolding. Given a range of less drastic options, why would the military make the coup move?

The answer lies in the military’s internal organisation and external threat perception. Unlike many advanced democracies, Honduras still has a military charged with internal as well as external security functions. This is a carry-over from the authoritarian days when leftist guerrilla forces operated within Honduran territory (when some of the current military commanders were junior officers blooding themselves for the first time). It is evident in the use of military personnel for police functions such as traffic control (roadblocks) in regions deemed to be of military sensitivity (such as along the Salvadorean and Nicaraguan borders). It is evident in the internal focus of military intelligence, and in the use of para-military units to supplement regular police forces. Thus, internal conflicts between civilian political factions become, by definition, threats to national security, especially when they involve the spectre of mass social unrest. Since the military is encharged with responding to internal threats, it did so after considerable in-house debate and consultation with civilian elites.

The other reason for the coup is that it sends a message. That message is squarely directed at Hugo Chavez. The Honduran military (along with the Guatemalan, Salvadorean and US militaries) is concerned about the inroads Chavez has made in Nicaragua now that former Sandinista commander Daniel Ortega is back in the presidency of that country. Remember that Chavez has purged the Venezuelan military of career professional officers in favour of partisan cronies; has opened military ties with Russia and Iran;  has purchased massive amounts of weaponry disproportionate to the threat environment in which Venezuela operates; and has formed armed civilian militias as an instrument of social and political control. Chavez may have his legitimate reasons for doing so, but that is not what matters in this instance : the Honduran military perception of his actions is all that counts.

The Honduran military fear is that he is now exporting these concepts elsewhere, not only to Nicaragua (which has been receptive to his overtures), but also to El Salvador, where a moderate Left leaning government with ties to the old FMLN guerrilla movement has recently been installed (although it shows no signs of radicalization along Chavez-inspired lines). Worse yet, Zelaya had agreed to join the Chavez-organized ALBA regional trade network in spite of Honduras’ membership in CAFTA, the Central American Free Trade organisation, which was seen as indicative of his future orientation should his proposed constitutional reforms get passed. Whether or not there is truth to these concerns (and it would appear that a considerable element of ideological paranoia has been overlayed on traditional Honduran military concerns about the security of their borders given the behaviour of their neighbours–remember the 1979 “soccer war” between El Salvador and Honduras), the fact is that the Honduran military want to make clear that it will not tolerate the “Bolivarization” of Honduras. Even if Zelaya is restored–and I suspect he will, especially since the OAS has given Honduras 3 days to reverse the coup–that message has been received and understood by all concerned.

As for coups in general. I shall not address coups against oppressive authoritarian regimes, such as the 1974 Revolution of the Carnations led by Left-leaning mid-ranking officers against the remnants of the Salazar regime in Portugal (and which led to democracy). The justification for such coups should be obvious (except, perhaps, to the chickenhawks).

Instead, let us consider under what conditions a coup against a democratically elected government is justifed. I can only think of one. That is when a freely-elected government suspends democratic rights (including elections, civil liberties and rights to fair trial), imprisons and kills its opponents, outlaws competing political parties, censors or closes down the media, destroys opposition (or “suspect”) organisations, and in general assumes an authoritarian character once it is installed in office (NOTE: to my mind nationalisation of foreign businesses or private property is not a justification, although fair compensation and legal disputation is expected).

Anything short of that is no justification for a coup (which means that the Honduran coup is clearly unjustifed), but military inaction in the face of such behaviour is a recipie for tragedy at home and abroad. The best example of the latter is the rise of the National Socialists from the ashes of the Weimar Republic, where Hitler and his gang of thugs used their electoral victory and ideological appeal to destroy German democracy (an event crystallised, literally, in the Kristallnacht of November 9-10, 1938). He then turned his sights abroad.

There is only one regime in Latin American that comes even remotely close to satisfying the conditions for a legitimate anti-democratic coup, and there is still some way to go before the criteria for a recourse to arms will be justified: that of Hugo Chavez.

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