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Xenophobia is not always racist.

datePosted on 15:46, July 18th, 2019 by Pablo

I have been reading and listening to the aftermath of Trump’s comments about the four female first term Democratic representatives, all of whom are “people of color.” I found the US coverage interesting both as evidence of partisanship and the deep vein of bigotry that Trump has tapped into in order to advance his political career. But some of the coverage has got me to thinking about how the issue is being framed, specifically whether or not his comments were “racist.”

Here is how I see it: Strictly speaking, the “go back to where you came from” line is xenophobic. It often is underpinned by racism, as in Trump’s case. But it is not the same or reducible to racism because culture, religion, language, dress etc. factor in as well. The primary inference is that the “other” is “foreign.” The distinction is important, especially in a country that has the Statue of Liberty as a national symbol.

Trump’s ignorance of his target’s birth origins does not take away from the underlying anti-foreign message. It appears that in the US xenophobia is more widespread than racism. Trump knows this. That allows him to disavow racism and yet throw bigoted meat to his base because foreigners are “aliens,” the inference being that they are sub-humans who come from crime-infested sh*tholes (his language, not mine). That he speaks of these first generation citizens’ supposed hate for America and loyalty to foreign enemies like al-Qaeda (both demonstrable lies) rather then focus on their racial characteristics is proof that the emphasis is on their foreign “otherness.” Likewise, in calling them socialists and communists Trump and his minions emphasise the “un” American nature of those ideologies and their supposed embrace of them. It is to the xenophobic streak in US society that Trump is speaking to, some of which may be embedded in broader racist sentiment.

As a third generation US citizen descended from Irish Catholic, Italian and Scottish stock, I am well versed in the “go back to where you came from” opinions directed at my grandparents. Then as now it may have overlapped with but was not strictly a matter of racism.

Anyway, as I see it, for all of the nice inscriptions on Lady Liberty, the US has a deeply rooted xenophobic streak that parallels and often overlaps with its history of racism. There are times when one strand overshadows the other, for example during the civil rights struggles of the 1960s when racism took centre stage and xenophobia took a back seat. In today’s context the “acceptable” form of bigotry–besides ongoing homophobia and misogyny–is xenophobia, not racism.

This is what allows the Trump administration to detain thousands of “illegal aliens” (most of the world uses the term “undocumented migrants”) in internment camps. It is what allows it to separate hundreds of “alien” children from their parents and remove them to detention centres far from where their parents are held. The justification for such depravity is not offered on the basis of race but on the basis of birth origin. That, it seems, is more acceptable to many “Americans” who would not accept the wholesale incarceration of African- or Asian-Americans on the sole basis of race.

Oh wait, check that thought. That was only true in other times.

Incidentally, I place qualifier marks around the term “Americans” because “America” refers to continents rather than individual nations, so the appropriation of the word by the US is more a form of linguistic imperialism than an actual descriptor of who is born there.

In any event, I feel that the emphasis on whether Trump’s comments were racist or not obscures and detracts from the fact that xenophobia, stoked by years of endless war against and tensions with foreigners (mostly of color) has made it the preferred form of bigotry wielded by Republicans and those who are fearful of the loss of white dominance in a country where demographic change does not favour them.

Whether or not it will be used as part of a winning electoral strategy by Trump and the Republicans in 2020 remains to be seen. But what it does demonstrably prove is that the historical roots of xenophobic “othering” are being well watered today.

Postscript: Conspicuous by its absence from the MSM coverage is the fact that Trump’s bigotry is, amid all of the rest, gendered at its core. He appears to take particular issue with women who challenge him, especially those who are non-white. He saves the worst of his personal insults for them, and in the case of Rep. Omar he has walked up to the fine line separating protected offensive speech from hate speech. After all, when he falsely claims that someone “hates America,” “is loyal to al-Qaeda,” is a “communist” and even was married to her brother (yes, he did indeed say that), then he is coming perilously close to inciting violence against her. After all, if you condense what he is saying, she is an insolent commie incestuous female who hates America and who therefore does not deserve the common protections afforded “real” citizens.

Yet the media has not focused on these components of his rhetoric as much as they should be. Instead we get the usual analyses that “he is consolidating his base” and “he is trying to tar the Democratic Party with the “four women of the apocalypse” brush”, which if true do not fully capture the evilness of his intent. While I do not think that his offensive views merit impeachment at this point (since in my opinion they do not rise to the level of high crimes and misdemeanours), should anything happen to any one of the so-called “squad,” and should that be the work of a Trump supporter, then I think that there is fair grounds to do so.

Hamstrung from the start?

datePosted on 09:47, May 30th, 2019 by Pablo

The Royal Commission of Inquiry into the Christchurch terrorist attacks has begun its work. This represents an extraordinary moment in which to examine the mechanics of the event, i.e., how it was planned and prepared, who may have been involved beyond the perpetrator, the timeline that led him to the Masjid Al Noor and Linwood Islamic Centre on that fateful afternoon on the Ides of March, and who dropped the ball when it came to preventing the attacks.

The inquiry represents an opportunity to uncover the systemic, institutional and individual errors that together combined to produce a catastrophic intelligence failure on the part of New Zealand’s security authorities—not just the Police but the dedicated agencies that together make up the larger New Zealand domestic security community. These include the SIS and GCSB as lead intelligence agencies but also intelligence “shops” in places like Customs and Immigration, all of whom failed to see or ignored warning signs in the accused’s movements in and out of the country during the last five years and who may have been organizationally blind to or dismissive of the threat that he represented to New Zealand society.

The inquiry is needed because the Christchurch terrorist attacks represent the worst act of ideologically-motivated non-state violence in New Zealand’s history. March 15 was not a normal day in Aotearoa and it should not serve as a baseline for a “new normal” in the country. A fully transparent and in-depth investigation into the acts of commission and omission that contributed to its terrible success should be of utmost priority.

The two commissioners, Sir William Young and Jacqui Caine, a former High Court Justice and diplomat, respectively, have seven months in which to conduct the investigation and return their findings. These will include the details of what they uncover as well as recommendations for remedies and future action. Their terms of reference include provisions for consultation with the NZ Muslim community and others who have a civil society stakeholder’s interest in the inquiry. The scope of the inquiry is broad, and includes examination of all potential contributors to the chain of events leading up to March 15.

However, there are causes for concern that suggest that the Commission’s work might be hamstrung from the beginning

First, there is the short time frame. Seven months is an inadequate period in which to conduct a thorough investigation into all of the contributing factors. That is complicated by the accused terrorist’s trial being held concurrently with the inquiry, with the Crown’s case overlapping with and mirroring the work of the Commission. Rather than separating the inquiry’s two investigative streams—one focused on the killer’s actions prior to the attacks using evidence from the trial and the other focused on broader factors that contributed to the successful execution of the attack—the inquiry will have to do both simultaneously while the trial runs in parallel (and perhaps beyond the December 10 deadline for the Commission to present its report). Assuming that the Commission will not be sharing evidence with the Crown while the trial is underway, this could limit the scope of the its work.

The second concern is the lack of intelligence-related experience and limited powers of the Commissioners in a context of official secrecy. Although well-respected in their fields, neither Sir William or Ms. Caine have experience with intelligence collection and analysis. They undoubtably have been consumers or evaluators of intelligence reporting in past roles and they certainly are able to keep secrets. But that may not be enough to resist push-back or “bureaucratic capture” by the agencies they are charged with investigating. This is facilitated by the Terms of Reference and its Minute One (“Procedures for gathering Information and Evidence”), which outline why most of the Commission’s work will be done in private on national security grounds. This is permitted by Section 15 of the Inquiries Act 2013 and justified by Clause 10(3) of the Terms of Reference and Section 202 of the Intelligence and Security Act 2017.

The agencies that have been granted secrecy include the SIS, GCSB, Police, Customs, MBIE, DPMC, Justice, MFAT and the Inspector General of Intelligence and Security. No foreign derived information will be revealed in public. A blanket ban has been placed on identification of employees of these agencies whose names turn up in the investigation. In practice, that means that there will be no public accountability for those who may have contributed to the attacks via incompetence, bias or myopia. More broadly, the move to secrecy means that whatever skeletons are uncovered will remain buried away from public view.

The Commissioners do not have powers of compulsion or the ability to veto an agency’s decision to withhold classified materials. That leaves them at the mercy of those they are investigating when it it comes to access to sensitive data, even if what is “sensitive” about the data is not related to national security but to the reputations and orientation of individuals and institutions.

This is not unusual: security agencies under the spotlight often resort to a “get out of jail” card in the form of claiming that open discussion of their actions will compromise sources and methods that are vital for ensuring national security. But the truth that needs to be uncovered in this instance does not involve national security secrets but the derelictions, biases or pressures that might have contributed to the failure to detect and prevent the attacks.

Efforts to limit the openness of the inquiry and the accountability of those that are its subjects must be resisted. The Commissioners need to have powers to compel documents, data and answers from those in positions of authority within the NZ security community and they need help from experienced intelligence overseers when doing so. The Inspector General of Intelligence and Security is one such person, assuming that there would be no conflict of interest involved (since the IGIS has no operational role and hence would not have been part of the command chain that failed to detect and prevent the attacks). A panel of experts with the IGIS, an IGIS representative, or another retired official as chair would be a good compromise option between utter secrecy and full transparency.

A third source of concern lies in the staffing and budget allocated to the inquiry. At $8.2 million the allocated budget is adequate only if it goes towards the investigatory aspects of the inquiry and not public relations or administrative expenses. The Department of Internal Affairs is the host agency of the Commission, so it will be its staff that does most of the logistical footwork underpinning its work. Here again the question of expertise and powers afforded investigators remains an open question.

Another potential problem is the nature of the Commission’s victim outreach program, called the Muslim Community Reference Group. Divisions have emerged over who and how many people should be included in this advisory body. Concerns have risen that self-proclaimed community “leaders” are being shoulder tapped for official interlocutor roles without proper consultation with their purported constituents. This may be due to expediency given the time constraints operative, but it also follows a historically “thin” approach to stakeholder consultation by the NZ State, where what passes for outreach has traditionally been more symbolic than substantive.

Either way, the process of establishing the Reference Group augers poorly for the representative transparency or inclusiveness of the process, something that is acknowledged in the Commission’s Minute One. Plus, the relationship between the Reference Group and the investigation streams is unclear at best but, given the veil of secrecy wrapped around the inquiry, is likely to be little to none.

Finally, the scope of external input into the inquiry, while theoretically extensive, appears destined to be limited in nature. Few invitations have been issued to civil society stakeholders to testify before the Commission, no public meetings have been scheduled and no written submissions solicited (although all have been promised). Along with the mantle of secrecy, this will limit the amount of public review and consultation. That skews the investigation in favour of those under scrutiny.

In effect, on paper the terms of reference for the Commission look thorough and broad. In reality, its work could well be stunted at birth. With limited experience and powers on the part of the Commissioners, a lack of pertinent expertise to help them, unrepresentative liaison with the victims, limited budget and staff and statutory permission for the agencies under investigation to restrict public knowledge of their actions, both the transparency of the inquiry and its ability to identify sources of accountability are compromised.

It is therefore incumbent upon the Commissioners to broaden stakeholder participation in the inquiry, strengthen the Commission’s powers of compulsion, and extend the deadline for submission of its report. It is within their powers to do so even if a court challenge to secrecy clauses in the Inquiries and Security and Intelligence Acts is required. The question is, will they? At the moment that prospect looks unlikely.

UPDATE (June 14): The killer has just plead not guilty to 51 counts and denies being the Christchurch terrorist. His trial date is set for May 4 next year and scheduled to last 6-12 weeks. The nearly year-long delay in bringing him to trial means that the Royal Commission will have done its work and issued its report six months prior to the trial. What that means for the execution of justice and the content of the Commission’s report is unclear but at a minimum it removes court testimony under oath from the inquiry. Given what I have outlined above with regards to secrecy and the inability of the Commissioners to compel testimony under oath or the surrendering of classified material, the lack of access to court testimony and evidence weakens the inquiry even further.

The misogyny of the alt-Right.

datePosted on 12:37, May 22nd, 2019 by Pablo

Comments about Green MP Golriz Ghahraman by ACT MP David Seymour on a reactionary radio talk show, and the threats that followed and which the Police deemed serious enough to merit a security detail for her, got me to thinking about how grotesquely disturbed the Right is in its present form. Seymour, supposedly a Libertarian, calls Ghahraman an “menace to freedom” because she wants to tighten legislation on hate speech (which, unlike protected offensive speech involves the incitement to or support for violence against others). His smear is a deliberate incitement to the alt-Right extreme and an implicit call for censorship, an irony lost on him.

The radio host that he was talking to, Sean Plunket, is a man with serious issues when it comes to women. His track record on gender matters is wretched, so Seymour’s comments gave him room to vent more generally on the subject using Ms. Ghahraman as a foil. What is disturbing is that, as readers may know, violent extremists are surrounded by enablers and accomplices, that is, those who simply look the other way when perpetrators plan and prepare for violence or those who in one form or another, passively or actively help perpetrators in the lead up to the commission of acts of violence.

In that conversation Plunket played the role of enabler while Seymour moved from enabler to accomplice because his dog whistle did in fact, provoke the alt-Right scum to crawl out from under their keyboards in order to heap vicious, often violently sexualised misogynist abuse on the Green MP. Seymour has denied being responsible for the threats made against her, which is akin to Donald Trump saying that he has nothing to do with Russia or the rise in attacks by white supremacists since he took office.

That got me to thinking about a core belief structure of the alt-Right and their white supremacist kin: misogyny. Now, I am no psychologist, psychiatrist or psychotherapist, but one thing is pretty clear: this crowd hates women.

In the case of people like Seymour, it seems that this hatred is born of unrequited lust. Ms. Ghahraman is attractive, smart, and self-assured to the point of being “stroppy” (or as a senior male professor once said to my wife when assessing her suitability for an academic career, “precocious”). But she would never be seen in the company, much less succumb to the courting, of the likes of David Seymour because he is simply a loser who has risen above his proper station in life, one who’s social interaction skills are on a par with the greesy-palmed and pimply 14 year olds that inhabit private schools and believe Ann Rand is “hot.” Boys like these like to bully girls who deep down inside they really, really like but from whom they cannot attract a sideways glance. That is why they get mean. For his part, Plunket projects the image of a guy who has been through a bad divorce or two and/or who has been turned down more than few times in spite of his relative fame and wealth. He is pissed off with women in general, and particularly the mouthy ones who disagree with him yet get to make decisions that affect us all.

We should remember that the misogynist streak pervades the alt-Right, here and elsewhere. It has led to the rise of the so-called “Incel” (involuntarily celibate) culture that has produced several murders of women by blue-balled freaks who think that all of their frustrations and disappointments in life are due to the fact that women will not recognise their genius and consent to having sex with them. Some do not even care about consent but still cannot get laid. This leads them to believe that women are the root of all evil and responsible for the decline of traditional culture, at least when”traditional” refers to a patriarchical white male hierarchy calling the shots over everyone else and enjoying the benefits of their status as Alpha males. These are the type of people to whom Seymour was whistling and for whom Plunket provides a space in which to be safe and comfortable in their views.

If one looks at the common denominators amongst the alt-Right, neo-Nazis, Klansmen, white nationalists and assorted other denizens of forums like 8Chan and 4Chan (which, incidentally, as of yesterday are still viewable in NZ and which continue to have long threads about the “accelerant” characteristics of the Christchurch killer’s actions), there is more than racism, bigotry and xenophobia at play. There is also an unmistakable hatred of women and loathing of what they supposedly represent. Terms like “pussy,” “cuck” (as in cuckold), “wench,” “slut,” “bitch” etc. compete for space with homophobic slurs in the alt-Right discourse. In fact, I am surprised that Seymour and Plunket were able to control their urges to indulge in a few sexist slurs of their own with regard to the Green MP.

It is not just the alt-Right/white extremist extremes that voice such views. Perusal of the comments pages of supposedly Right-Centre blogs regularly turns up variations on misogynist themes in spite of attempts at “moderation,” and Plunket is not the only prominent media commentator who gets to indulge, even if in “wink-wink, nudge-nudge” fashion, a few jabs at females in order to make a point about weakness versus strength (which almost inevitably such opinionating comes down to).

Of course, many if not most women in positions of authority are the subject of misogynist attacks. Equivocators for Seymour like Paula Bennett (now calling for the names of the Parliamentary rapists apparently mentioned in the report on Parliament’s toxic work environment) will try to draw false equivalences by saying that they too were the subject of sexualised attacks, conveniently forgetting that people like Bennett are attacked because of their hypocrisy and nasty policy positions more so than being female per se, and are not in need of security protection an any event. Fellows like Seymour and Plunket will claim that they have (had) plenty of female friends and partners so they cannot possibly be misogynists. This omits one basic thing: the attacks on Ms. Ghahraman are based on who/what she is more so than anything that she does, so regardless of the marital status or physiology of the critic, such attacks are gendered at their core. Even Judith Collins knows that much.

The real issue is that deep inside the abuse of Ms. Ghahraman lies male insecurity–that of sexual rejection and a loss of masculinity. People like Seymour hate women like Ghahraman because they cannot have her and never will, which they fear is a public sign of weakness on their part. This frustrates them immensely, and because they have neither the intellect, looks or social skills to attract such women, that frustration has no place to go other than onanistic rage. Beneath the smirks and the boy’s banter is a deep abiding fear of not measuring up.

That, more than any ideological difference, is what is at play here. So the next time that you hear or read attacks on Ms. Ghahraman and women like her, take a moment to reflect on why, exactly, critics take issue with them.

First a massacre, then the push back.

datePosted on 13:31, April 2nd, 2019 by Pablo

During the first hours and days after the terrorist attack in Christchurch, I tried to be optimistic about what could come out of the event. I saw it as a window of opportunity and teaching moment, a time to grieve, heal and reflect on what New Zealand is as a society. I thought that we could finally confront the elephant in the room: that underneath the veneer of tolerance and egalitarianism there is a dark underbelly in New Zealand. It is called racism.

For the first week it seemed that the opportunity was going to be seized. The government responded with empathy and compassion for the victims and with decisiveness when it came to banning certain types of military-style weapons and parts that can be used to modify hunting weapons into military-style ones. It is pondering how to give the killer a fair trial without turning it into a martyr-making propaganda circus. It is reviewing hate speech laws and has ordered a Royal Commission inquiry into how the attack happened and the intelligence failures that may have contributed to it. The majority of the nation followed its lead and demonstrated that most Kiwis are, in fact, decent people.

However, in the ensuing days the national conversation has been side-tracked. After a period of silence or contrition, rightwing outlets are back to their old enabling games. Outlets like the virulently Islamophobic Whale Oil and slightly more moderate blogs have enforced some degree of moderation when it comes to the language used by authors and commentators, but the hateful tone toward the “Other” remains the same when read between the lines. The rightwing rallying cry is defence of free speech, in which the ruse used is to deliberately conflate protected offensive speech with hate speech in order to demonstrate that “liberal” democratic values are under siege by overzealous Lefties using the tragedy and their control of the state apparatus to impose their will on dissenters. This risable argument is supported by some on the venerable Left who seem to be more concerned about defending the rights of nasty white people rather than consider the fact that it is those people who facilitated and enabled the nasty white guy’s mass murder of a bunch of brown folk whose sole crime was to exist (and who made a point when doing so by gunning them down when they were practicing their faith in their houses of worship).

Diversionary tactics aside, let us be clear. When it comes to free versus hate speech the issue is simple: any speech that incites, encourages, supports, applauds or otherwise instigates or excuses violence against individuals or communities because of who they are (as opposed to anything they have done, although even there the call to violence is debatable), has crossed the line from protected speech into hate speech. Offensive speech remains protected, but the urging of violence is not. The issue is not about causing offence; it is about causing harm.

The gun lobby also has decided that amnesia is the best part of public virtue so now moans and whines about “law-abiding” people losing their gun rights thanks to the government’s legislative reforms, conveniently forgetting that the killer was a law-abiding loser until the moment he stepped out of his car down the street from the Masjid al-Noor on Deans Avenue. Here too, the issue is simple (and I urge readers to look up my blog colleague Lew on Twitter to see his very reasoned explanations of the matters at stake). Tightening of licensing requirements and enforcement of laws governing purchase of semi-automatic weapons and removal of conversion kit and military-style weapons does not infringe on the privileges of the gun-owning majority (note that it is a privilege to own a gun, not a right no matter what the bloody NRA would have us believe). The law changes do not prevent anyone from using guns as tools to target shoot and kill critters. It just helps lower the human body count when a gun owner goes off the rails (do not get me started on the “but then only criminals will have such guns” argument because that is a matter for strict law enforcement, and law enforcement must have the will to, well, strictly enforce the law rather than play nice with gangs and assorted other bad guys).

Then there are the closet racists who have emerged into the light like the Hamilton city councillor and Immigration officer (?!), who besides ranting on Facebook (a prime vector for hate speech in spite of recent bans on white supremacists) about immigrant “scum” in Europe after the Paris terrorist attacks now says without a hint of irony that NZ needs to “move on” from the Christchurch event. He is joined by a-holes like Brian Tamaki, who claimed that the call to prayer on the day of national remembrance a week after the attack was proof the Sharia was being imposed on NZ. He appears to not be the only non-Pakeha religious leader (if you can call a fraudster con artist that) with this sentiment, as I have been told by informed community members that Islamophobia is very much a staple part of sermons in some Pasifika Christian churches.

Assorted talkback hosts and politicians are now in full “whataboutism?” mode, trying to equate the evils of Muslim extremists (and Islam itself) with those of other fanatics (while conveniently avoiding their ideological cause). This follows the denialism of such (perhaps as of yet closeted) politicians as Gerry Brownlee and Lianne Dalziel, who claim (Brownlee in very pointed remarks directed at me) that they were unaware of any white supremacists in Christchurch or anywhere else in NZ. Sensing an opportunity, people with ideological personal and agendas are in full throat, be it as purported experts on gangs and terrorism or pushing lines such as that the 1881 assault on Parihaka is a comparable atrocity (in which no one died).

Let’s not muddy the waters. Arguments about gun control and free speech and the historical grievances that are part of the national story are all diversions from the essence of post 3/15 New Zealand. The core subject is that of racism and the cesspit of bigotry in which it festers, from the enabling head-nodders to the inciting megaphones to the keyboard cowards to the actual perpetrators of physical and psychological (yes, they exist) hate crimes against people who supposedly are “different.”

This is not just a problem with a few skinheads. It is a problem for all. Some Pakeha hate Maori. Some Maori hate Chinese. Some Chinese hate Polynesians and some Polynesians hate Palangi. Some Maori and Pakeha hate Chinese and some Chinese reciprocate the feeling. Some hate Muslims and some hate Jews. Some hate Muslims, Jews and anyone who is brown, black or “yellow.” Some hate gays, lesbians and transgender people. Some hate red heads. Some hate the notion of equality when it usurps patriarchy or heteronormative values. Some hate is individual, some of it is institutional and some is systemic. Some hate involves relationships and asymmetries of power, but not always. Hate comes in multiple cross-cutting dimensions that serve as the foundation for ongoing bigotry and racism. In contemporary Aotearoa it may be a minority sentiment that is fractiously manifest rather than uniformly presented, but it is the wretched garden in which the bitter fruit of bigotry and racism are sown and reaped. And it is endemic in NZ.

THAT is what the national conversation should be about. That is what our children should be taught about. That is what the enablers, accomplices and purveyors of racism must be confronted with. This is no longer a time when we can look the other way, say “she’ll be right” and hope that the unpleasant stuff just goes away.

3/15 changed all that, and it is time to stand up and be counted. And being counted is not to just have academic panel discussions and government inquiries and commemorations. It is about confronting racism and bigotry wherever it rears its nasty head and however it is specifically manifest: on the streets, in buses, in shops, in schools, in sports clubs and volunteer organisations, in churches, in local politics, on-line, on talkback radio and in town halls and community fora–whenever the trolls rise there must be righteous people willing to call them out for what they are: ignorant fearful losers looking for scapegoats for their own failures in life.

It is hard to confront someone, especially if they are bigger or in groups. So strategies must be developed to help the average person perform this important civic duty. That means gaining the support of and involving the authorities so that complaints can be made and charges laid without undue risk to the good people calling out the antisocial misfits. Because if all we do is talk about what a bummer racism is and then go back to our own self-interested lives unwilling to actually walk the walk of daily anti-racist conviction, then we truly are a nation of sheep.

Legacy investments versus speculative investments.

datePosted on 14:01, February 22nd, 2019 by Pablo

Among the arguments about instituting a capital gains tax in NZ (common in many parts of the developed world) is the claim that much property is family residence or inheritance in nature. The argument goes that it is unfair to not differentiate between the sale of a family home, granny flat or holiday residence by middle and working class people and the sale of properties bought by developers and speculators with the intention of “flipping” them for a profit. The first category are long-term, emotionally laden investments whereas the second is simply about making money.

I see merit in the argument for differentiation of property investment categories. In particular, I see a difference between legacy investments and speculative investments. Legacy investments are those where property is bought for family use over time. These can be the main family home but more often are second, smaller flats or holiday homes that are passed on between the generations (think of the archetypical bach or a crib). The emotional as well as financial investment in such places is not based on eventually securing returns but on preserving collective experiences and traditions from generation to generation and giving off-spring the chance to acquire a property stake without the exorbitant financial costs associated with the contemporary real estate market (for example, an equity share in a family bach may help towards securing a first time mortgage loan). It specifically excludes using family members as fronts for speculative purchases (say, of a family farm).

Speculative investments are just that: property investments that are designed to be on-sold in a relatively short period of time in order to secure a positive financial return. Here the intention is to make short-term money off of the buy/sell transaction.

I would suggest that a capital gains tax is appropriate for all speculative investments. They become another cost of playing the real estate flipping game and will eventually be incorporated into the real estate price architecture. On the other hand, I do not think that capital gains tax is appropriate for legacy investments. If a family property is on-sold within blood lines or divided into part ownerships to children and grandchildren, it seems to me that the less financial burden imposed the better for all. People get to keep their properties within the family and share in the collective benefits over time and generational change. That includes rental income from family owned property subject to the requirement that the property must be used by family members for given periods within a specified time frame (this would allow seasonal rentals and other short-term lease arrangements to non-family).

The system would work if there is a legacy declaration made on a property at the time of purchase. Again, this may be less appropriate for a main family home that could likely be on-sold to strangers as the family demographic shifts. There a capital gains tax would apply. But it very much should not apply to properties that families hope to preserve within the bloodlines for posterity. Here on-selling to relatives should not incur capital gains taxes.

On-selling under the legacy clause will require verification of family lineage, and any sale to non-family voids the legacy declaration and makes the sale subject to capital gains tax. Those who try to cheat the system and are caught will be subject to heavy financial penalties in excess of the tax otherwise to be paid.

I am not an economist much less a taxation expert but it seems to me that distinguishing between legacy and speculative investments in the property market strikes a good balance between profiteering and homesteading. I admit to not having thought through all of the implications inherent in this proposed scheme so if any readers want to illuminate me please feel free to do so.

I have no doubt that clever devils will immediately try to game the system and seek out ways to turn legacy homesteading into profit-driven speculation. But with a detailed code of compliance and robust enforcement regime in place, it is possible for this approach to split the fair difference between an all or nothing capital gains tax on property and one that reflects the nuances in property buying preferences. Or perhaps that is simply too much to ask in an ideological climate where the very idea of taxing something other than salaried income, business earnings and consumer purchases and services is considered sacrilegious by the Right.

PS: I have been informed by the smarter adult in my house that this is a silly idea and unworkable. She also points out that trusts already allow for inter-generational transfers of wealth/assets without being subject to tax on the transfer. I am not familiar with trust law and am not going to risk savaging by pointing out that family trusts are something more likely to be created by the well-to-do rather than the middle class, so must accept the scolding and move on. If anyone is familiar with the intricacies of trusts, please feel free to explain.

Venezuela Agonistes.

datePosted on 16:04, September 12th, 2018 by Pablo

There are two things remarkable about coverage of the Venezuelan crisis. The first is the silence of the Left in the face of it. This includes the champions of the so-called Latin American “Pink Tide” who saw in the Boliviarian Revolution an alternate developmental model that along with the left leaning regimes in Argentina, Bolivia, Brazil, Chile, Ecuador and Nicaragua offered hope for a new socialist bulwark in the Western Hemisphere that, unlike the Castro regime in Cuba, was both socialist and democratic. Or at least, that was the thought in the early 2000s. Now, rather than offer robust critiques of what went wrong, those champions have gone quiet, perhaps hugging small comfort pets against their Che Guevara t-shirts while muttering into their pillows something about the sulphuric impact of “neo-imperialism” and globalised corporate control.

The second remarkable aspect of the coverage of Venezuela is the continued misrepresentation by conservative (and even mainstream media) commentators that Venezuela demonstrates (yet again) the failures of socialism in practice. Allow me to address this fallacy.

Before I do so let’s briefly note what is clearly an organic crisis of the Venezuelan state (seen, in Gramscian terms, as economy+civil society+political society).  Regardless of external factors and interference (such as oil prices, Cuban security assistance and US government hostility) and the disloyal nature of most of the traditional opposition to the Boliviarian Movement, the crisis has at its core the incompetence and corruption of the Maduro government. The seeds for the decline were sown by Hugo Chavez himself with his prolifigate spending and cult of personality, but the bitter fruit of criminality, cronyism, patronage, partisanism and despotic maladministration ripened, then rotted under Maduro.

This not entirely surprising because in truth the Boliviarian experiment was always more populist than socialist. Socialism is not just about downwards redistribution of income and expansion of public goods and services via the use of tax revenues.  It is not just about progressive tax reform to make the rich pay their fair share. It is not just about nationalising privately held productive assets or at least strategic economic assets. It not about state ownership of the means of production. And it definitely does not involve a self-appointed authoritarian revolutionary “vanguard” telling everyone what their best interests are, what to do in pursuit of those interests, and concentrating power in a small partisan elite in order to compel others do so.

Instead, socialism involves equality in and of production, to include worker control of decision-making on everything from occupational health and safety to production levels to distribution and reinvestment of profit. Socialism involves decentralisation and local autonomy in political decision-making, to include about the distribution of public goods, social investment and economic development. It involves not just matters of production, particularly with respect to control of productive assets, but also of decision-making behaviour within production and the attendant social relations linked to it. Socialism has cooperatives as a basic unit of social integration; national populism has paramilitary militias and neighbourhood political snitches.

There is more to socialism than what I have outlined, but the point should be pretty clear: socialism is about devolving power to the people, not concentrating it in the hands of a central government. Even if a transition period is needed after bourgeois rule, the move to socialism involves expansion of the number of decisional sites that determine the material, cultural and political fortunes of the average citizen. To do so requires dismantling of a capitalist state apparatus, which is characterised by top down managerial control of public and private policy decision-making, and its replacement with a socialist state in which policy decisions ultimately rest in the hands of immediate stakeholders and are conveyed upwards into national-level platforms. The transition between the two–from a capitalist state to a socialist state–is the hard part of any change from liberal to social democracy (even more so than in violent social revolutions where the destruction of the capitalist state runs in parallel with the elimination of capitalism and its elites), and in Venezuela’s case it was never done. Both Chavez and Maduro have relied on a capitalist state to implement and enforce their populist, and increasingly authoritarian mode of governance.

Rather than socialist and democratic, the Boliviarian revolution is a left-leaning national populist regime using a state capitalist project and corporatist forms of interest group intermediation marshalled along partisan lines in order to redistribute wealth via partisan patronage networks to its support base and to its leaders. It has uncoupled wealth redistribution from productivity and, for all the achievements in education and health made under Chavez, those gains were lost once prices for the single export commodity it relies on (oil) fell and the revenues from oil experts shrunk. Corruption and incompetence, coupled with private capital flight and the exodus of the managerial class (mostly to Florida), accelerated the downward spiral, and now Venezuela is for all purposes a failed state. Inflation is stratospheric, food scarcity is rife, there are shortages of essential medical supplies, power and potable water, petrol supplies (?!) are increasingly spotty, unemployment, under-employment and crime are at all-time highs (the murder rate is 85 per 100,100 population, one of the highest in the world). Violent street protests have become the norm, and spot curfews and other coercive and legal curtailments on freedom of movement and speech are now the most widely used tools with which the Maduro regime handles dissent. For a purportedly Leftist regime, there is no worse indictment than that.

That Chavez, Maduro and their supporters refer to the Boliviarian regime as “socialist” is offered as proof  by some that it is, and that is it is therefore socialism that has failed. That is hopelessly naive. “Socialism” is the label that the Boliviarians have cloaked themselves in because they know that given its history, “populism” is not in fact very popular in Latin America. In its own way the US is finding out why that is so, but the important point to note is that there is nothing genuinely socialist about they way the Boliviarians behave.

The current reality is that the Boliviarian regime has descended from a left-leaning national populist form into an Scotch-addled kleptocracy (Venezuelans have one of the highest per capita intakes of Scotch in the world, and in recent years the regime has taken to hoarding supplies of it). In the measure that it is besieged by its own weaknesses and the rising opposition of the popular base that it ostensibly serves, it increasingly relies on coercion and criminality for its sustenance. Military and government involvement in the narcotics trade, the presence of Cuban intelligence in and out of the armed forces and security apparatus, covert links to states such as Syria and North Korea, the presence of operatives of extra-regional non-state actors such as Hezbollah in government circles–all of these factors suggest that Venezuela’s national interests are no longer foremost in the minds of the Boliviarian elite.

This has not been lost on the population, and the last year has seen over 1.5 million Venezuelans emigrate. This is on a par with Syrian and Rohinga refugee flows and amount to more than 4 million Venezuelans now living outside their motherland (with most leaving after 1999 when Chavez was first elected). The refugee crisis has impacted the relations between Venezuela, Colombia and Brazil, with their borders heavily militarised and safe passage corridors opened for migrants to proceed to countries such as Ecuador and Peru. The extent of the Venezuelan refugee crisis is now regional in nature.

Not surprisingly, there have been some moves against the Maduro regime from within the armed forces. This have failed due to basic incompetence of the plotters and the fact that the Venezuelan military is stocked with Boliviarian sycophants buttressed by Cuban intelligence agents who spend more time looking for moles and dissidents than they do improving national intelligence collection capabilities per se. The combat readiness of the Venezuelan military has been replaced by proficiency in crowd control, and the High Command is staffed by flag ranked officers who have more good conduct medals and Boliviarian revolutionary awards than they do insignia demonstrating operational proficiency in any kinetic endeavour. May the goddess help the Venezuelan armed forces should they ever pick a fight with the battle hardened Colombian military or the well-disciplined Brazilians.

For a military coup to happen, there need to be vertical and horizontal cleavages within the military and push and pull factors compelling it to act. Vertical cleavages are those between officers and the enlisted corps, including rivalries between flag, field and company ranked officers, Non Commissioned Officers (NCOs) and the enlisted soldiers they command. Horizontal cleavages are this between armed services–Army, Navy, Air Force, national gendarme, border patrol, interior ministry secret police, etc–and within those services (say, between armour and infantry in the land forces, or surface fleet and submariners in the Navy).

The Boliviarians and their Cuban advisors have been very good at purging non-loyalists from the officer corps. Their control over NCOs and enlisted personnel is a bit more tenuous, as evidenced by recent attempts to kill Maduro using a drone and an earlier helicopter attack on military installations. But the big cleavages needed to form a coup-making nucleus simply do not exist in the measure that is required, even if the push and pull factors are clearly present. The push factors are those internal to the military that compels it to act, for institutional reasons, against the government (such as loss of discipline, corruption, lack of effective military leadership etc. that erode the ability of the armed forces to discharge their basic defence functions against foreign counterparts ). The pull factors are the external societal conditions, to include family ties of military personnel and civilian elite pleading for the restoration of social order, that draw the uniformed corps towards intervention. So the coup “equation” is just half complete: the motives for intervention are present but the organisational or institutional conditions as of yet are not.

Not that a military coup is a panacea for Venezuela. It could well make things worse. Perhaps this is where a bit of good news has emerged. It turns out that the US was approached by military coup plotters for support and turned down the request. This, in spite of Donald Trump’s public statements about US military intervention against the Maduro regime. It seems that, even if not for all the right reasons, seasoned diplomats understood the downside of agreeing to the request and cooler heads prevailed.

It is praiseworthy that the US, or at least its foreign policy decision-makers, understand that Venezuelans need to be the sole owners of their collective destiny. This destiny might or might not include the reactionary wishful thinkers in the self-exiled community that has made Weston, Florida, a mini-Caracas (and whom have joined with the ageing Cuban exiles to form an anti-communist mafia that fund-raises in “dark” ways). Whether they join or not, the key to resolving the Venezuelan crisis involves providing Maduro and his entourage with a safe passage out of government and an incremental and negotiated restoration of the productive apparatus to a mix of interests of different political persuasions under an agreed upon caretaker regime. This will be a difficult process even with military tutelage and arbitration since the military itself will have to be reformed.

However, since the Boliviarian Revolution was never socialist and the capitalist state remains intact even if decrepit, the foundations for a rejuvenated economy are present. Likewise, many of the social gains made by the lower classes under the Boliviarians have taken enough social root so as to be non-removable if violence is to be avoided. So the foundational compromise underpinning the new democratic regime  seems to involve an exchange whereby a return to private ownership of some aspects of the Venezuelan economy under broader market steerage is traded for ongoing state control of strategic assets and the extension of social guarantees involving health, education, housing and welfare. The tax regime will need reforming and the art of tax evasion by the wealthy will need to be curtailed for this to happen, so it is unsure if the majority in the opposition will accept anything other than the status quo ante the emergence of the Boliviarians.

If we remember the sclerosis of Venezuelan democracy before Chavez appeared on the scene, where the two major parties–Accion Democratic and COPEI–alternated power in a concertative arrangement where elites siphoned off the country’s wealth while buying off popular consent with oil revenue-derived subsides of public goods and services, then we can understand why the back to the future scenario will not work. It will take a sincere effort by fair-minded people on both sides, Boliviarians and Opposition, to recognise that the experiment is over and the country needs a new course that is not a repeat of the past, be it recent or distant.

And there is where I will leave with a note of optimism. Unlike many Latin American countries, Venezuela has a historical precedent of reaching consensus–or at least elite agreement–on the characteristics and contours of a new political system. The 1958 “Pacto de Punto Fijo” (roughly translated as the Full Stop Pact) defined the features of the new democratic regime after years of unstable oligarchical and often violent rule. It led to the power alternation agreement between AD and COPEI under conditions of electoral competition and state control of the oil sector in which agreed upon parameters for public revenue expenditures were respected. While it deteriorated into a lighter version of the current cabal of thieves, it lasted for forty years and only fell because it did not recognise, because of its institutional myopia, the social forces that lay at the root of the Chavez phenomenon and emergence of the Boliviarian movement.

In other words, Venezuela needs a new foundational Pact the provides peaceful exit and entrance strategies to the Boliviarians and their inevitable successors. Otherwise there will be blood whether the imperialists get involved or not.

So a National MP and assorted right-wingers believe that Chelsea Manning should not be allowed to speak in NZ because she is a [insert unpleasant adjectives and nouns here]. Many of those who vociferously demanded that a Canadian white supremacist tag team be allowed to use publicly funded facilities to spew their venom in NZ have gone silent about Manning. To their credit, some of that motley “free speech coalition” think she should be allowed in, so at least they have the virtue of being consistent.

What is interesting is that those who want Manning banned from entering NZ appear to be using a false equivalence. They believe that people who, at little personal cost, encourage racial divisions and promote xenophobia are comparable to people who, at great personal cost, divulge abuses of power and authority in and out of war zones. In their minds both types of speech are basically the same: offensive to some, welcome by others. If racists are to be silenced, then so should dissidents be.

That is simply nonsense. There is no equivalence of any sort between racist xenophobes and people of conscience.

I am not entirely comfortable with what Manning did in releasing classified materials to Wikileaks. I am uncomfortable because Wikileaks has moved from being an objective whistleblowing outfit to a tool of authoritarian forces seeking to undermine Western democracies, and because she had outlets within and outside her military chain of command that she could have gone to in order to raise alarms about improper conduct that she was familiar with (which is why she could not avail herself of the whistleblower protections available to civilians). In any event she was tried, convicted and sentenced for unauthorised disclosure of classified material to unauthorised outlets and had that sentence commuted by President Obama. She is now a free US citizen with no restrictions on her rights to vote, work, travel or speak. In fact, she even ran in the Democratic primary for a Maryland Senate seat (although she lost in a landslide to establishment politicians).

The Canadian racists have suffered no indignities other than cancellation of speaking events and ridicule. Sponsored by Rightist promoters with little legitimate institutional backing, they nevertheless whinge about their treatment and ask that suckers donate money to them in order to cover their expenses. Manning accepts what has happened to her and uses her experience to talk publicly about abuses of authority and the dangers of confronting powerful institutions. Her talks are sponsored by civic organisations and academic institutions.

It is interesting that the National MP who wants Manning banned from NZ, Michael Woodhouse, not only maintained that the racists should have been given a NZ forum, but also appears to have more than Manning on his mind. After all, the Opposition Leader is currently mired in a slow burning fiasco over his travel expenses that threatens to undermine his position. It is widely believed that the leaks about his expenses came from within the National caucus and rumours of plotting and scheming against him are rife. Not surprisingly, Simon Bridges is desperately trying to find a way to put a lid on the affair and move on to anything else. Now Woodhouse drops the call for banning Manning into the mix. Bridges has to respond by either supporting or repudiating his Immigration spokesperson’s demand, a complication that he does not need and a no-win proposition whichever way he chooses to go.

Bridges and Woodhouse may believe that the proposal to ban Manning is worth floating because it is a good diversion that will allow Bridges to reassert control over his caucus while cementing support from National’s conservative base. But, because he defended their right to speak in NZ, it also gives the impression that Bridges would prefer to have foreign racists rather than whistleblowers address audiences in this country. Or perhaps Woodhouse was being mischievous rather than helpful in raising the issue, something that poses more questions about Bridge’s hold on the National Leadership. Whatever the motivations at play, Bridges stands to lose more than he gains from Woodhouse’s gambit.

In the end this is just another beat-up. Unlike the Canadian racists, Manning poses no threat to NZ’s social harmony. She is not coming to test the boundaries of free speech. The idea that her US convictions disqualify her apriori is nonsense given her public role and the fact that what she was convicted for did, in fact, serve the public interest even if it discomfited the authorities that she was exposing (and who took their judicial revenge upon her).  So if foreign racists without prior convictions (that I know of) can come to NZ to preach division (and I did support their right to speak so long as no taxpayer money was used to host them and they provided their own security), then it seems to me that it is only fair that a whistleblower convicted for doing so can come to speak about the dangers of unbridled and unchecked authority under the same rules.

All she needs is a visa and a private venue, something that the racists ultimately were not able to secure.

Then again, perhaps the false equivalence is just a ploy and the beat-up is not just on Manning.

An authoritarian nut in a democratic shell.

datePosted on 16:51, July 31st, 2018 by Pablo

At the turn of the 21st century I was teaching an upper division undergraduate  course titled “Comparative Regime Transitions” in which I explored the four “waves” of democratisation that had occurred since the early 1970s in Southern Europe, Latin America, Eastern Europe and East Asia. I noted that I had also witnessed the rise of concurrent waves of new-form authoritarianism during that rough world time time frame in which old types of despotic leadership were replaced by bureaucratic authoritarians from the Left and Right in response to the crises of oligarchic, populist and weak democratic regimes. These varied from the military nationalists of the Arab world to the revolutionary regimes of Cuba, Iran and Nicaragua and the military junta led-regimes of the Southern Cone of South America, the Philippines, South Korea and Turkey. I also pointed out that, for a variety of reasons, authoritarianism was the more natural political fit for many societies organised along hierarchical lines drawn on gender, class, race, religious or ethnic differences.

My point in doing so was to remind students that contrary to the belief of those like Francis Fukuyama who claimed that the emergence of electoral (if not liberal) democracy as a seemingly global trend in the late 1980s and early 1990s signalled the “End of History” where the political and economic combination of democratic regimes and capitalist production triumphed over all others (particularly authoritarian capitalism and socialism), human history was dialectical rather than linear. There is no simple progression towards a (preferred) end state and the possibility of reversal is always latent in the move from one political-economic form to another. In this I was channeling my view that Hegelian dialectics, rather than dialectical materialism or any number of property and individual-centric “liberal” theories, best explained the superstructural dynamics inherent in political regime change. They are grounded in but not reducible to changes in production and the social division of labour attendant to it, which means that they have a pattern of historical development all of their own.

This belief comes to mind when I think of today’s widely lamented condition of globalised democratic decline and decay. In both the developed and developing world new and old democracies alike are crumbling from within, beset by a nasty combination of corruption, power-grabbing, institutional sclerosis, gerrymandering, electoral manipulation, economic inefficiency and income disparity, racial and ethnic conflict, migration pressures, youth alienation, crime, judicial bias, incompetence or indifference, poverty and assorted other social ills. This has prompted a return to authoritarianism under electoral guise; that is, in its newest version, the turn to despotism occurs under conditions of electoral rule and is instigated from within the institutional edifice of ostensibly democratic governments in response to what is claimed to be the crisis of civil society.

Here is context in order to explain.

In the 1980s a considerable body of academic writing was focused on the demise of authoritarian regimes and the restoration, resurrection or return of democratic forms of governance throughout the world. This followed on earlier academic work that focused on the causes of democratic breakdown. I was lucky to have been mentored by several of the leading figures in that discussion, and through them was exposed to the work of other intellects who together with my mentors formed what came to be known as the first generation of “transitologists,” i.e. people who studied the fluid dynamics of regimes in processes of decline or rise rather than the durable features of stable regimes. As it turns out, regardless of the specific ideology of the regime in question, authoritarians tend to fall for broadly the same reasons having to do with the nature of their rule over time. Likewise, democracies rise and fall due more to general institutional failures than whether they are right or left-leaning in nature.

(For those interested in the dynamics of authoritarian and democratic transition and who may think that recent writing on the subject is all that there is, I commend the companion four part volumes that started the whole transitology industry: The Breakdown of Democratic Regimes, Johns Hopkins, 1978 and Transitions from Authoritarian Rule, Johns Hopkins, 1986).

Into the mix came the person of Juan Linz. A Spanish born sociologist at Yale and one of the editors of The Breakdown of Democratic Regimes, Linz was more than professionally concerned about dictatorship and democracy. He had seen both in his homeland and worked hard to understand why democracies could fail from within rather than be overthrown from without. As it turns out, just like the reasons for a coup d’état, there are “push” and “pull” factors in democratic decline. The pull factors are those that come from outside the government of the day, be it a disloyal opposition, military plotting, rising civil unrest, business sabotage, irredentist or separatist strife, economic downturns, etc. These should normally be handled by the government through the institutional process into order to reach mutual satisfactory, or at least second best social outcomes: not everyone gets everything that they want but most get some of what they want. When the institutional process fails to meet expectations and achieve those solutions, the external pull to replace those in power gowns stronger if not irresistible.

Linz understood this but also knew that absent an armed insurrection or military interruption, pull factors alone could not bring down a democracy. He consequently focused on the push factors that impelled democratic governments to turn towards authoritarianism as a response to crisis. His concern was on more than the individual whims of megalomaniac presidents and political cabals intent of holding on to power. Instead, it was on deficiencies in institutional design that left some types of democracy more prone to authoritarianism than others.

He outlined a number of factors in his considerable body of work but pinpointed two, one general and one specific, that made some democracies more susceptible to the “authoritarian temptation” than others: presidential systems and the use of Executive decrees. Basically, there are two types of democratic government, presidential systems and parliamentary systems. The latter are dominated by parties that form governments based on the percentage of votes received and the ability to attract coalition partners. The government is led by a Prime Minister who is the leader of the dominant or majority power of any given coalition, but parliament remains a strong check and balance on what the government can do when it comes to policy-making. In contrast, presidential systems, also known as Executive-dominant systems, are those in which the chief executive of the nation–the president–is elected separately from the legislature (parliament or Congress). Here the Executive branch has much more power and authority to enact policy free from the checks imposed by the legislature, to the point that it is the “first amongst equals” when it comes to the three branches of democratic governance.

For Linz presidential systems have a built-in bias towards ruling without the advice and consent of the legislature or judicial review. That is where the more specific design flaw comes into play. Executive decrees or orders are designed to by-pass the legislature in order to provide efficient and decisive policy-implementation in times of crisis or emergency. Normally a president would not make use of such prerogatives if the national condition was stable and peaceful and indeed in most instances that is a case. But take a president confronted with the pull factors mentioned above and/or one who wishes to perpetuate him/herself in office, impose a specific agenda against the will of the people and its elected representatives, or in others ways benefit or take advantage of executive privilege for personal, private or political gain, then the authoritarian temptation becomes authoritarian practice.

This is the phenomena that we are seeing now. It is not just that right-wing national populists are being elected into office and using demagogic language and behaviour to advance their goals. It is not just elected post-revolutionaries like Daniel Ortega and Nicolas Maduro who have turned on their people when these take to the streets in protest against incompetence, corruption and wide-spread scarcity. It is their use of executive powers that is turning their governments into authoritarian vehicles. Donald Trump is a variant on this theme, where executive orders and decrees are used by everyone from Rodrigo Dutarte to Recap Erdogan to Maurico Macri and are championed by leading political contenders such as rightwing extremist Jair Bolsonaro in Brazil (who openly supports Dutarte’s approach to crime and waxes nostalgic about the days of military rule). In all instances these political leaders have advocated for or turned to the use of executive decrees and orders to impose unpopular or anti-democratic policies.

The situation is made worse when the powers of the presidency are defined more by custom and tradition than by law. Nowhere has that been more evident than in the Trump presidency, where time-honoured practices and norms have been repeatedly trampled by the vulgarian in the Oval Office because, as it turns out, there is nothing in law that prevents him from doing so. Presidential practice in the US, as it turns out, is about as much grounded in law as is the interior decoration of the White House because most of it is informal and therefore dependent on the president’s disposition when it comes to adherence to informal norms and customs.

Be that as it may, time and time again, using the pretext of fighting crime, restoring order or handling some other type of national emergency, executives in presidential systems have resorted to decrees and orders to accomplish their ends. And now, in a spectacle that Linz perhaps fortunately did not live to see, we have parliamentary majorities giving extraordinary powers to prime ministers in order to do the same thing. Witness Hungarian Prime Minister Victor Orban and his xenophobic policies or Polish Prime Minister Mateusz Morawiecki’s assaults on judicial independence, which come after their parties gained large coalition majorities that allow them to push through laws in spite of popular opposition or the strictures of decency and fair play.

The key point is that Linz’s bottom line is correct: the combination of a constitutionally strong executive and decree or order-making powers accorded to it is an authoritarian nut in a democratic shell. Short of changing to a parliamentary system with multiple party representation in government, the best immediate solution to the authoritarian temptation inherent in presidential systems is to strip presidents of decree or order-making privileges except in cases of dire national emergency (with what constitutes a dire national emergency spelled out in a constitutional or legal amendment). While this may not prevent the abuse of majorities in parliamentary systems to ram-rod legislation under “urgency,” it can weaken the temptation to go full authoritarian when the law does not explicitly prohibit doing so because it might cause a parliamentary revolt or conscience votes of no-confidence within the ruling coalition.

It is doubtful that any president will abolish the decree or order-making privileges. History has shown that even the most fair minded incumbents tend to leave Executive decree-making powers on the books “just in case.” One only need think of how Barack Obama used Executive Orders to muzzle leakers and whistleblowers to understand that the authoritarian  temptation is powerful even in the best of cases. So the solution has to be found elsewhere, in legislative reform and judicial review that constrain or eliminate the decree-making powers of the Executive.

Even with the cases noted, parliamentary systems are the best safeguards against the authoritarian temptation, something that can be reinforced by eliminating first-past-the-post variants and requiring supermajorities (say, two thirds) to pass legislation under urgency or emergency. A number of parliamentary regimes have in place just such mechanisms but others, including New Zealand, to my knowledge do not. In addition, in parliamentary systems where custom and practice rather than law governs much of what Prime Ministers and their cabinets do (for example, when it comes to national security), the need to increase parliament’s check and balance (if not veto) power is all the more necessary. Getting rid of simple majorities both for government formation and legislation passage is a step in that direction.

When we look at the problems of contemporary democracy, it is not enough to focus on the external or pull factors that cause or facilitate democratic decline–social media manipulation, corporate influence, rank partisanship etc. All of these are necessary but not sufficient conditions for the breakdown of democracy. What is sufficient is an inherent institutional disposition towards authoritarianism, something that the combination of presidentialism and executive decree-making authority all but assures.

Word: It is time to re-read Juan Linz and craft our remedies accordingly.

In defence of public ostracism.

datePosted on 14:40, June 26th, 2018 by Pablo

Public confrontations between Trump officials and activists, ordinary citizens and at least one restaurant owner have reignited the debate about “civility” in political disagreement. The editorial boards of leading US newspapers and Democratic leaders have called for restraint and asked those with anti-Trump opinions to refrain from harassing or confronting Trump officials in the public space when the latter are in a private capacity (such as eating in a restaurant). They claim doing so will play into Trump’s hands by reinforcing the narrative that the “Left” is an unruly mob uninterested in the right to privacy and free speech.

That is nonsense.

This is no longer a situation where taking the moral-ethical “high road” when the opponent goes low is practically effective. The “high road” strategy has not worked in the US since the Reagan days, when Republicans adopted a “stop at nothing” approach to politics that eventually produced the Trump presidency. Time and time again Democrats and progressives have been trumped by a disloyal Rightwing armed with unsavoury and unethical tactics such as Swiftboating and race-baiting. The situation at present is an ethical nadir that calls for what game theorists define as a “tit for tat” strategy: open with a cooperative (read: civil) move, then repeat the opponent’s move (with a turn to cooperation by the opponent rewarded for it). When Trump was elected the Democrats and public at large waited to give him the benefit of the doubt and some political space to prove his opponents wrong. He responded by proving them right and turning the White House into a cesspit of incivility, aided and abetted by a coterie of surrogates, advisors and sycophants who all share his sociopathic tendencies. Thus the proper retort is to respond in like kind, albeit with a twist.

Let’s begin with the fact that the US “Left” or what passes for it is of the soft (non-violent) persuasion. For all the talk about Antifa and Trotskyites smashing things, the bulk of Left violence is the garden variety protest march-turned-small riot where either a few provocateurs try to incite a bigger riot by breaking windows, looting and/or assaulting police or opponents (because most of the “militant” Left rallies are in fact counter-protests against white supremacists and neo-Nazis); or the Left protestors engage with Rightists in physical confrontations using sticks, bottles, Mace, edged and other improvised weapons (the Right does in fact bring firearms to many protests and its adherents of course have used them on more than one occasion, but the majority of the Right-on-Left fights involve variants of basic hand weapons). There have been no assaults on Trump officials and no attempts on the lives of anyone in his administration.

The US Left is mostly about shouting slogans and making witty placards against the status quo; the US Right is mostly about threatening or carrying out violence in defence of racial and ethno-religious supremacy. So when it comes to civility or the lack thereof, it is not the Left that is the problem.

Then take the Trump administration itself, which is anything but “civil.” There are two dimensions to its incivility: its policies and its tone. Trump and minions like Sarah Huckabee Sanders regularly use insults, character assassination, dog whistles, stereotypes and slander to belittle and undermine opponents and critics (and allies!) at home and abroad. The list of such is far too long and readers will be all to familiar with them for me to recount here. This is an administration that thrives on the politics of personal attack and which regularly sets new lows when it comes to Executive discourse. In fact, the immediate response of both Sarah Sanders and Trump to her denial of service at a restaurant (where her presence was opposed by the majority of staff) was to use their official Twitter accounts to disparage the establishment and its owner. In effect, Trumpsters whining about being confronted in their private time is just a case of crocodile tears on the part of bullies unaccustomed to being personally called out on their behaviour.

Add to that its callous disregard for fundamental ethics on a number of fronts (conflicts of interest, disclosure of confidential material, use of taxpayer money for private pursuits), and what we have today is the most uncivil US administration ever. Heck, Trump makes George W. Bush look dignified and smart and Richard Nixon look honest and statesmanlike, so there never again can be an argument as to who is the worst US president of all time. If nothing else his record when it comes to incivility will be hard to beat.

Then there are the policies of the Trump administration and the ways in which they are implemented or attempted. The Muslim ban, the ban on transgender military service, the opening up of wild lands to fossil fuel exploration, the withdrawal from international treaties and agreements, the removal of protections for disabled people, the cutbacks in funding for special education, denial of climate change and removal of scientists from White House offices, the edict to engage in forced separation of undocumented immigrant families–these and many more policies are underpinned by overtly racist, classist, misogynist, xenophobic and authoritarian attitudes that reek of contempt for the institutional process, the meaning of public service and the basic democratic principle of public accountability.

More importantly, Trump administration policies are mean in intent and consequence. They are designed to hurt rather than help people. They are designed to use the power of the federal government to punish and oppress outlier groups and reward and advantage insiders. They are blunt instruments of malevolence aimed at pounding the body politic into complying with a vision of society based on hierarchy, hate, privilege, stratification and self-interest/greed. In word and deed, Trump and his cabal hurt tens of thousands of people on a daily basis and make no apologies for it.

So what is so civil about that? And why should we be civil to them in return? Is not staying silent in the face of official incivility submission or acquiescence to it? I believe that it is.

Instead of silence, I think that we should make things very personal to every single Trump minion, surrogate, spin doctor, media acolyte, political donor and corporate toady. The message, delivered up close and personal, should be that the policies of hate and greed have no place in a secular cosmopolitan society and the politics of personal attack can work two ways. In this case the attack is not physical even if confrontational: the Trump entourage need to understand and feel in their personal lives the discomfort of threat and opprobrium. The repudiation of Trump policy needs to be made personal to them because both the administration lackeys as well as the foot soldiers implementing their policies believe that they are personally immune from liability or accountability.

Those at the top believe that the office of the presidency protects them from personal reproach, and those at the bottom believe that anonymity protects them from individual retribution. If we cannot confront the originators of bad policy in the public space and their personal lives and if we do not equally confront the enablers and implementors of uncivil policies, where is dissent and opposition heard? The courts, which are increasingly stacked with Trump appointees? Congress, where both chambers are controlled by the entity formally known as the Republican Party but which is now a Trump coat-tail and rubber-stamp machine?

No, the time for civility ended a while ago. The truth is that “civility” in political discourse has been eroding since the Reagan era, mostly thanks to the antics of the media and Political Right. So the calls for Left civility are both hypocritical and self-defeating because they work to silence those who wish to stand up to political bullying while ignoring the bullies themselves.

Mind you, I am not talking about physically attacking people or confronting their dependent children in any way. I am not advocating people go out and deliberately harass  Trump administration officials. What I am defending is the practice of calling out those responsible for despicable policies regardless of place. If we are going to ostracise or “name and shame” sexual offenders, local fraudsters, animal abusers and assorted other low-lifes and miscreants who are not in the public eye, why should we defer from doing so to those that are?

The best way to drive home to Trumpsters the fact that their actions have negative consequences is to make things personal understanding that timing and place need to be factored into the equation in order to be effective (e.g. yelling at people outside of church or at kid’s sporting events may be counter-productive while a quiet or polite rebuke in a parking lot may make the point better. There are plenty of ways to be direct and personal without seeming creepy or unhinged). It is not as if these agents of misery are constantly exposed to public wrath. They have enough time to enjoy the bubble and echo chamber that is their political support base in and outside of the institutions of office. They have the option to defend themselves via argument or escape, and many have bodyguards to buffer them from physical aggression. So let’s stop this nonsense about civility and lets make things real: in order to gain respect one has to give respect. In order to be treated with civility one must be civil as well. And if one disrespects entire groups of people and ruins the lives of thousands while catering to the baser instincts of the minority that are one’s political adherents, then better be prepared to hear about it in person.

Because civility is not about silence or submission. It is about consent. And when consent is lost, then civility includes the right to make personal to those who rule the reasons why.

A return to the banality of evil.

datePosted on 13:17, June 20th, 2018 by Pablo

When Hannah Arendt wrote about the “banality of evil” in Nazi Germany, she was referring not to the leaders but to the thousands of bureaucrats, soldiers, civil servants, cops, tax collectors and everyday citizens who went along with the Nazi project or simply said that they were “following orders,” “doing their jobs” or being “good citizens.” The Nuremberg trails put paid to those excuses.

Today in the US we have a variant on the theme. It may not quite be holocaust in size, but the forced separation of children from undocumented parents in order to use them as pawns in Drumpf/GOP attempts to extract Democrat concessions on immigration reform (pay for the wall, etc.) is abhorrent nevertheless. And while attention rightfully is focused on Drumpf and his minions, my question is this: who are the people who are enforcing this wretched policy? These are the people who take the evil abstract of forced family separation and turn it into executable action via bureaucratic procedures and regulations (e.g. wearing of surgical gloves when handling detainees, using female agents to process women, providing water and x amount of calories via solid food at regular intervals, etc.). Who are the border patrol, local law enforcement and homeland security agents and private contractors who are doing the actual separation and detention of children in cages? Are they doing this because they agree with Drumpf, are racists themselves or are just plain psychopathic? Or are they going to tell us that they are only following orders and doing their jobs?

Until we make those carrying out this atrocity as personally responsible as Drumpf, Sessions, et.al, we will continue to see the steady undermining of the moral foundations of the Republic. Make no mistake about it: these enforcers of the morally reprehensible are neighbours, friends, family members and church goers who go about their lives as if all was normal. And that is exactly what Arendt was describing. It is the banality of such evil that eventually makes it normal.

Less NZ readers think that it cannot happen here, just hark back to the Police invasion of Nicky Hager’s privacy in search for the elusive “Rawshark” source. You may recall that I wrote a post about how the cops used Customs, Immigration and airline companies to obtain the personal data of thousands of passengers who flew on certain dates between Auckland and a foreign country where the Police suspected Rawshark was vacationing. None of this was done under warrant, but instead, just as in the case the banks that gave up Hager’s financial records so readily, they did so willingly upon request. All of those involved will defend their actions as cooperating with the Police but in fact they were under no obligation to do so without a warrant. But they did.

We now learn that a private security firm has a hand in glove relationship with NZ public agencies in spying on people who pose no threat to national security, and that in fact the private security firm may have business steered to it by a NZ intelligence agency in spite of the obvious–or at least appearance of–conflict of interest. Here as well we have a case of people just doing as they are told without consideration of the ethics or morality about what they are being told to do, some in pursuit of profit and some for reasons known only to them. They are following orders, doing their jobs, chasing leads and tip-offs without consideration of the fact that what may be legally permissible (or at least not outlawed) may not be morally or ethically proper.

These, in sum, are Kiwi examples of evil gone banal. And there are bound to be others, so perhaps the abomination that it is the Drumpf policy of separating undocumented asylum-seeking families at the southern US border should serve as a reminder to New Zealanders as to the depths to which a nation can plunge if it allows that evil banality to become the new normal.

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