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Spare a thought for Anne-Marie.

datePosted on 10:10, February 15th, 2019 by Pablo

Put yourself in the following position: You are a professor at a NZ university, a NZ citizen who although well-known in your academic sub-field is virtually unknown outside of academia. Your research interests focus on the foreign policy of an Asian country and you have written well-received books and articles about aspects of it. You speak and read the language of that country and have many contacts in it. Because of your acknowledged expertise, you are invited to give talks and presentations on these subjects and are awarded visiting fellowships at prestigious institutions overseas.

In 2017 you write a paper about how the country you study influences politics in NZ. The paper is not theoretical or conceptually ground-breaking, but instead gives a fairly detailed description of the people and organisations involved in promoting the interests of that country in Aotearoa. It demonstrates the pervasiveness of this influence-mongering amongst the NZ political elite, including the two major political parties. It also shows the systematic way in which this country uses front organisations to control the foreign language media related to it as well as shut down independent ex-pat voices critical of it. The country you study is, not surprisingly, ruled by a one-party authoritarian regime and intolerant of criticism at home and abroad.

The paper is first presented overseas, whereupon the local media seize upon it to highlight how that country is exploiting the NZ political system. You receive much media attention and gain your five minutes of fame.

However, within weeks of it being made public, you begin to receive threatening messages and phone calls from people who apparently do not like the thrust of your paper. A few months after its publication your university office and home are burgled, twice. Nothing of value is taken other than some cell phones, lap tops and flash drives. The thieves make no attempt to disguise the robberies.

You go to the police to report the crimes. You have not had this happen to you before and you are concerned that the burglaries may be connected to the threats about your paper. The police initially fob you off saying that burglaries are a low-level crime and therefore of low priority, but then re-open their investigation after you go to the media to express your concerns that something sinister may be at play. The police dedicate a special investigative unit to the task and contact Interpol, the international police information sharing organisation, about the case. Months go by.

Almost a year after the burglaries, while your car is being warranted, the mechanics doing the job notice that your front tires appear to have been deliberately deflated. Not knowing who you are they contact the police because they believe the vandalism could result in a serious accident. The car in question is used by other family members as well as yourself, so when the police contact you it causes you further alarm. You worry about the safety of your husband and children as well as your own.

A few months after the tire-tampering the Police issue a statement saying that the investigation has concluded with no culprits having been found, either for the burglaries or the tampering. They encourage people with additional information to come forward but reiterate that they will not continue to investigate the case. The offenders have gone free. Meanwhile, even though statements of support for your right to academic freedom and freedom of expression have been signed by scholars and activists at home and abroad, the government–including the Prime Minister–refuse to be drawn on the case.

What are you to do? Here you are, a NZ citizen who has every reason to believe that the actions taken against you have the hand of a foreign power. behind them. The police offer you no protection but instead advise you to up your own security and have the university do likewise in your workplace. You do not know if the offenders are still in your home town or if they will come back again. You put on a brave face but you are afraid. You might even consider moving to a safer place, perhaps out of the country.

This is the situation facing Anne Marie Brady. All she did was write a paper detailing Chinese influence in NZ politics. She deserves to have her rights as an academic and a person of conscience defended by those entrusted with protecting the security of NZ citizens. Instead, those responsible for doing so decided that there was nothing that they can do. She is on her own in her own country.

Perhaps there are reasons of State behind the Police decision to wind up the investigation. Perhaps the Police are simply incompetent and wasted over a year chasing shadows. Either way, professor Brady has reason to feel that she has been abandoned by the authorities.

If in fact the burglaries and vandalism were done to intimidate her because of what she wrote, and if the perpetrators were aided, abetted or acted as agents of the Chinese regime, then they succeeded. Because even if professor Brady will not be intimidated, the real message from the NZ Police and the Labour-led government is that those who write critically about the PRC do so at their peril even if they do so while on NZ soil.

Is Israel Democratic?

datePosted on 10:41, February 13th, 2019 by Pablo

An interesting thing happened after I wrote last week’s first blog post about Venezuela ( http://www.kiwipolitico.com/2019/02/on-the-venezuelan-mess/). A gentleman from the Israel Institute of New Zealand wrote me at my business email address to request a correction or retraction for something I had written in that post. The objectionable phrase was my reference to Israel as “semi-democratic.” He pointed out that Israel ranked just one point away from France as a “flawed” democracy in the latest Economist democracy ratings, not far behind Germany. In that post I characterised France and Germany as Right-leaning “advanced democracies” so he reckoned that I had slighted Israel when I labeled it as “semi” democratic instead.

We backed and forthed on the subject for a day or so. I told him that I based my characterisation on the fact that Arab Israelis are treated as second class citizens. I told him that I would leave it at that and not get into the subject of settlements on occupied land, the drift rightwards towards extremism and intolerance in its politics under the Likud Party (created by those paragons of democratic virtue Menachem Begin and Ariel Sharon and now led by Benjamin Netanyahu), the corruption of its government under Netanyahu (and his predecessor), its approach to Palestinians etc. He countered by pointing out that Arab Israelis have all rights given to non-Arabs, that they do not have to do compulsory military service but can vote and that a High Court judge who will hear Netanyahu’s corruption trial is an Arab.

I explained to him that I do not take the Economist’s ranking as gospel. In fact, I think that they are flawed due to an Anglo-Saxon bias and formal procedures and frameworks rather than substantive interactions (for example, I believe that New Zealand is ranked too high and Uruguay is ranked too low in the Economist list). I pointed out that I had an academic background that included writing about democratic theory (and democratisation in practice), so understand democracy to involve procedural (free and fair elections), institutional (impartial application the rule of law), societal (toleration, equality as mass values), and economic (fair distribution of productive wealth) dimensions, all of which I believe are deficient in Israel. He replied that Israel fulfilled the first three criteria. I also told him that I was raised in a strongly pro-Israel household and that I understood its unique security and geopolitical conditions as well as the fact that, when compared to pretty much every other nation in the Middle East, Israel was the most democratic of them. But that is just damning it with faint praise.

Perhaps I expect more of the Israelis, but its behaviour in the last two decades (and more) leads me to believe that it is no longer (if it ever was) a liberal democracy. Just because people have formal, de jure rights on paper does not mean that they have de facto rights on the ground. It may not be apartheid but in its treatment of Arab Israelis, African migrants and other non-European Jewish peoples, it falls very short of the “equality for all” mark that I would expect of a truly substantive democracy and well short of most European, North American and Antipodean democracies. This is not to say that the latter are all healthy and above reproach. It just means that Israel does meet even their lowered standards.

We agreed to disagree. I did not print a reaction or correction. I invited him to explain his views in a comment on the thread but he declined. After our correspondence I found myself thinking about how KP readers would classify Israel. I realise that given the ideological leanings of the blog many will be firmly in the anti-Israeli camp, but I wonder what, upon honest reflection, readers think about Israel’s form of governance. In other words, what argument do readers make to themselves about where they stand on Israel?

So here is an invitation for readers to express their views on the matter, formally posed as this question: is Israel democratic? . That way we can get a sense of how intelligent (mostly Left and Kiwi) readers see the Jewish state. But first a few rules:

No anti-Semitic anything. One can be anti-Zionist without being anti-Semitic (as an example, see this). One can criticise Israel without running nasty alt-Right tropes. One can defend Israel without resorting to false charges of anti-Semitism against those who oppose it, and one can defend Israel without making bigoted or other prejudiced remarks about Arabs, Palestinians etc. No re-litigating history. Israel is here to stay regardless of what some might prefer. And, as other democracies have done, it has behaved ruthlessly towards its enemies. So please, do not go down the worm-hole of who did what to who first.

IT goes without saying but is worth repeating nevertheless: No personal attacks on other commentators. Keep the discussion polite, rational and on-topic. I say this because any time Israel is mentioned people tend to lose their senses when confronted with contrary views. It really is a hot button issue.

I shall moderate the comments section a bit more vigorously given the subject matter. But by all means have at it because I am genuinely curious as to how people come to form their opinions on Israel.

The Venezuelan mess, again.

datePosted on 10:37, February 6th, 2019 by Pablo

I continue to watch developments in Venezuela with interest, including the reaction of the international community to the crisis. Increasing numbers of democracies are lending their support to Juan Guaido’s presidential challenge, including 11 of 14 members of the Lima Group convened to facilitate negotiations on a peaceful resolution. Spain, Portugal, Denmark, Austria, the Netherlands, Sweden, Latvia and Lithuania joined the UK, France and Germany (and Canada!) in siding with Guaido after the Maduro government refused to call for new elections within the eight day deadline demanded in an ultimatum issued by the EU members. It seems that much of the Western democratic world is now openly opposed to seeing Maduro continue in office.

That got me thinking more about Juan Guaido. How could this young (age 35) man emerge so quickly and be received so warmly by so many democracies? What I found out is interesting.

Guaido is a former student activist and industrial engineer who received post-graduate training at George Washington University in Washington DC. He got into politics when the Chavez government closed down the most popular private TV station in Venezuela and proposed constitutional reforms that strengthened the presidency at the expense of the other two government branches, and has reportedly spent time since entering public life at several Right-leaning think tanks in the US and Europe. After his introduction to politics he came under the wing of the well-known anti-Chavista Leopoldo Lopez. Lopez, now under house arrest, is a neoliberal economist by training (he has degrees from Kenyon College and the Kennedy School of Government at Harvard). He is the son of a former president and former mayor of Caracas himself, so his elite credentials are impeccable (he even did his high school education at an exclusive private boarding school in the US). Reportedly a friend of Elliot Abrams (see previous post), he was a leader of the 2002 abortive coup against Hugo Chavez and spent several years in military prison as a result. In 2014 he led another failed uprising against Maduro, getting house arrest rather than popular support for his efforts. He agitates from his home, where he uses social media and encrypted apps to communicate with foreign and domestic allies and uses his telegenic wife to serve as his spokesperson.

In 2009 Lopez and Guaido formed the Voluntad Popular (Popular Will) Party. Although it claims to be a Social Democratic Party affiliated with the Socialist International, VP gained notoriety for its uncompromising, hardline anti-Bolivarian orientation and direct action street tactics. Although some of its thuggery was in response to that of Bolivarian militias and para-militaries, the strategy employed by VP was essentially a two-track approach: work within the institutional framework as given by contesting elections for the National Assembly and presidency; and use direct action on the streets to foment mischief and undermine Bolivarian attempts to establish law and order.

Under an agreement with Lopez, Guaido became VP’s parliamentary leader while Lopez retained the party chairmanship. First elected as an alternate delegate in 2010, Guaido was elected to a full National Assembly seat in 2015 and, given that more senior party members were either under arrest or exiled, named Opposition Leader in 2018. Under the power sharing arrangement in the National Assembly, Guaido assumed the rotating parliamentary leader’s position on January 5 of this year. A week later he declared his presidency, arguing that Maduro’s re-election was illegitimate due to massive fraud and low voter turn-out (both of which are true). Under the Venezuelan Constitution, the National Assembly leader is declared president if the elected President and Vice President are disqualified, absent or cannot serve, which Guaido claims is the case here.

There is strong suspicion that Lopez has a direct connection to neoconservative circles in Washington, and through them, the Trump administration. There is speculation that some form of material assistance is being funnelled from the US, including from Venezuelan exiles, to VP in order to support its anti-regime efforts and the Guaido campaign. Although I have no direct knowledge of this, it would not be surprising if these claims prove to be true given the quickness in which Guaido emerged on the scene, the strength of the organisation supporting him and the rapidity with which the US recognised his claim. What is confirmed is that emissaries from a number of the region’s democracies as well as the US met quietly and exchanged secret messages with Guaido and his representatives in the weeks leading to his assumption of the parliamentary presidency.

This has me wondering why so many democracies have been quick to jump on the Guaido bandwagon. They surely are not acting just out of ideological distaste for the Bolivarian regime. They surely have good information on Guaido’s background and connections to Lopez and US interlocutors. They surely must know that although Maduro and his cronies are reprehensible thieves posing as a popular government, Guaido’s connections to the US will make it very difficult for him to claim legitimacy and could in fact, spark a violent backlash from the 30 percent of the Venezuelan population that continue to support Maduro (mostly the poor and working class). They also must understand the perils of supporting a foreign-backed constitutional coup (which is essentially what being attempted), especially when the move is closely tied to the threat of US military intervention. So why would they abandon long-held commitments to upholding the doctrine of non-intervention?

Some will argue that the humanitarian crisis in Venezuela requires drastic action and that action cannot come from within Venezuela under present circumstances. Yet even the issue of humanitarian assistance has turned into a political tug of war. The Lima Group and European democracies, led by Spain, have pledged humanitarian assistance, mostly in the form of food and medical provisions, to Venezuela. The same is true for Argentina, Canada and Brazil. But they insist on having Guaido and his supporters administer the aid provision, something that the Maduro government categorically rejects. Neither contender is interested in talking to the other about jointly administering relief assistance and instead are busy staging demonstrations and claiming support from within the military (where so far Maduro has a considerable advantage).

Perhaps the show of external support for Guaido is designed to be no more than a form of pressure on Maduro to call for new elections under international supervision, and not really a vote of confidence in Guaido per se. Coupled with the redoubling of sanctions by the US, UK and others against Maduro, his entourage and state agencies suspected of money laundering, the idea seems to be that the combination of forces being applied to the Boliviarians will make them cave to the election demands. The reasoning may well be that Maduro will see this option as preferable to civil war or a coup because it gives him the chance to run again rather than be run out of town in a hearse. After all, the primary rule for coup-plotters is that the people being ousted must not survive the ouster less they come back to haunt the usurpers–something the failed coup against Chavez demonstrated in spades.

This assumes that the target of the foreign pressure a) feels it to the point of pain and b) has no other options other than to cave to it. At this moment there is no evidence to suggest that Maduro and company are close to either concern. And for all his foreign support, Guaido does not appear to have moved the dial with regards to popular support significantly in his direction.

What we have, thus, is what the Latin American political scientist Guillermo O’Donnell (of bureaucratic-authoritarianism and democratic transitions fame) once called (with reference to Argentina 1946-1983) an “organic crisis and hegemonic stalemate” where both sides can check the other but where neither can unilaterally impose its vision for arresting the national decline.

Under those conditions, it may well be external actors who play a decisive role in determining the outcome, something that does not bode well for the prospects of national reconciliation required to reaffirm democracy while returning peace and stability to Venezuelan life.

Cyber-hacking comes to Aotearoa.*

datePosted on 19:04, December 21st, 2018 by Pablo

The Government Security Communications Bureau (GCSB) has announced that Chinese hackers were responsible for cyber intrusions against New Zealand managed service providers (MSPs), the telecommunications firms responsible for providing phone, email and internet services and data banking to individual, public agency and corporate consumers. This is surprising only because it confirms what private security analysts and partner intelligence services have been claiming for some time: that the Chinese are engaged in a global campaign of cyber theft of commercial secrets and intellectual property. They do so as part of a strategy to become the world’s dominant information and telecommunications player within 50 years, and they do so by using ostensibly private firms as cover for hacking activities directed by the Chinese Ministry of State Security (MSS).

The GCSB announcement coincided with indictment by the US Justice Department of two Chinese nationals who have been identified as belonging to the Advanced Persistent Threat (APT)-10 Group of MSS hackers operating under the cover of a Chinese-registered firm, Tianjing Huaying Haitai Science and Technology Development Company Ltd. (Huaying Haitai). Huaying Haitai claims to provide network security construction and product development services but has only two registered shareholders, one manager and no web presence (the domain name huayinghaitai.com is registered to the firm but cannot be found on-line, which is particularly odd for an internet security provider). The US has publicly identified Huaying Haitai as the corporate front for ATP-10, and the GCSB has confirmed that ATP-10 was responsible for the New Zealand-targeted cyber intrusions it has detected since early 2017.

The UK simultaneously announced that Chinese hackers had conducted a decade long-campaign of cyber-theft against British commercial entities, while the US identified 75 US-based targets as well as others in 12 other countries (excluding New Zealand). The GCSB announcement is therefore part of a coordinated effort by Western governments to identify Chinese-based cyber-theft campaigns, and follows on similar Australian revelations announced during the 2018 APEC summit a month ago.

The ATP-10 cyber-hacking campaign violates the terms of a 2016 APEC agreement signed by China (and New Zealand) committing member states to not use cyber hacking in order to engage in commercial espionage or intellectual property theft. It violates similar pacts signed with the US and UK in 2015. This means that China is deliberately violating international agreements for commercial gain. It also makes all Chinese-based telecommunications suspect, both in terms of their purported use of so-called digital backdoors built into their products that can be used by Chinese intelligence as well as their duplicitous corporate behaviour when it comes to proprietary information. In effect, Chinese telecommunications are seen as bad corporate actors as well as intelligence fronts by Western countries. This has caused firms such as ZTE and Huawei being excluded from critical infrastructure projects and 5G network upgrades in a number of countries, including, most recently, New Zealand.

The GCSB announcement refers to Chinese hacking in pursuit of cyber theft of sensitive commercial and intellectual property. It does not mention specific targets or refer to cyber-espionage per se.Yet the two are overlapped because of the nature of the targets and means by which they attacked. ATP-10 hacking attacks are aimed at Managed Services Providers (MSPs) who store data for individuals, public agencies and firms. These include large multinational email, internet and phone service providers as well as smaller cloud-based data storage firms.

If ATP-10 and other hackers can penetrate the security defenses of MSPs they can potentially bulk collect, then data mine whatever is digitally stored in the targeted archives. Although the primary interest is commercial in nature, the overlapping nature of data networks, especially in a small country like New Zealand, potentially gives ATP-10 and similar hacking groups access to non-commercial political, diplomatic and military networks.

For example, a home computer or private phone that has been compromised by a cyber hack on a internet service provider (ISP) can become, via the exchange of information between personal and work devices, an unwitting entry point to work networks in the private and public sectors that are not connected to the individual’s ISP. This raises the possibility of incidental or secondary data collection by hackers, which in the case of state organized outfits like ATP-10 may be of as much utility as are the commercial data being targeted in the first instance.

The dilemma posed by the GCSBs announcement is two-fold. First, will the government follow the GCSB lead and denounce the behaviour or will it downplay the severity of the international norms violations and intrusion on sovereignty that the ATP-10 hacking campaign represents? If it does, it sets up a possible diplomatic confrontation with the PRC. If it does not, it exposes a rift between the GCSB and the government when it comes to Chinese misbehaviour.

Neither scenario is welcome but one thing is certain: no response will stop Chinese cyber hacking because it is part of a long-term strategy aimed at achieving global information and telecommunications dominance within fifty years. But one response will certainly encourage it.

  • An earlier version of this essay appears on the Radio New Zealand website, December 21, 2018 (https://www.radionz.co.nz/news/on-the-inside/378835/cyber-hacking-comes-to-aotearoa).

Left compass lost.

datePosted on 14:35, November 29th, 2018 by Pablo

One of the disappointing aspects of the Anne-Marie Brady affair has been the reluctance and sometimes outright refusal of people on the New Zealand Left to condemn the criminal harassment directed at her as a result of her research into Chinese influence operations in Aotearoa. I shall enumerate the general reasons justifying their stance but want to note first that it is not similar to the very real fears of the independent minded expat Chinese community in NZ, who remain silent in the face of threats against them here as well as against their families and associates back on the mainland. It behooves readers to read, watch and listen to the Mandarin-language media here in NZ (even if needing translators) because the rhetoric employed by these outlets–which Brady has pointed out are with the exception of the Falun Gong mouthpiece Epoch Times all controlled by CCP-linked United Front organisations–is hostile to the point of threatening towards all those who do not toe the Party line. To get an idea of the hostility, check out the Facebook page of a fellow by the name of Morgan Xiao, a Labour LEC member in Botany Downs and “journalist” for some local Chinese media outlets. He clearly does not like Anne Marie Brady.

Amongst the NZ Left, there seems to be 3 main reasons why people do not want to support Anne Marie Brady or the general concept of academic freedom in a liberal democracy. The first, prevalent amongst academics, is concern about losing funding or research opportunities for publicly siding with her. The concern is obvious and acute in departments and institutes that receive PRC funding directly or which receive NZ government funding related to Chinese-focused studies. All NZ universities have such connections as well as being reliant on Chinese students for a large part of their tuition income, so the dampening effect is nation-wide. Academics are also worried that public association with a “controversial” scholar may somehow diminish the research grants and opportunities made available to them even if they do not work on matters related to China. Guilt by association is alive and well in the NZ academe.

Overlapping this is concern about Professor Brady’s sources of funding and ties to US think tanks. Some believe that this skews her research in a Sinophobic direction and that she in fact parrots the opinions of her US sponsors. I can only say that, even though it might have been prudent for her to not be closely identified with the US Embassy and conservative US organisations focused on China (although she also maintains ties to reputable institutions like the Woodrow Wilson Center), she was a well known China watcher long before she published the Magic Weapons paper and NZ-based sources of funding for overseas research are few and far between. Beggars cannot be choosey and under circumstances of limited research funding in NZ in general and at her home university in particular, it is not surprising nor compromising for her to accept funding from abroad so long as she is transparent about it and conducts her studies independent of any external political agenda. From all that I have read, that is what she has done. So even if her views dovetail with those of foreign entities in places like Australia and the US,  it does not mean that she is their puppet. Plus, no one has decisively refuted what she wrote in a paper that was always intended to be applied research product rather than a theoretical or conceptual scholarly breakthrough. In a word: her research is sound regardless of how it was funded.

Other academics refuse to support Brady because they personally do not like her. I do not know the woman but if irascible personalities were a disqualifying trait in higher education then there would be no universities to speak of here or elsewhere. Egos, intellectual insecurity and professional jealousy are constants of academic life, and it seems that they have percolated into the discussion about her work and its ramifications for her personal life. One can only be dismayed that some people cannot separate personal animus from defence of the principle of academic freedom (and freedom of expression in general), in this case the right of an academic to not be criminally harassed for her work.

Outside of academia the refusal of some Leftists to support Ms. Brady appears to be rooted in a form of “whataboutism” connected to strong anti-US sentiment. Although some old-school Marxists are equitable in their dislike for all imperialists, new and old, most of the “what about” relativists believe that the US and/or UK are worst imperialists than the PRC and in fact (in the eyes of some) that the PRC is a benevolent giant seeking to better international relations through its goodwill and developmental assistance. For them the whole story, from the content of Ms. Brady’s Magic Weapons paper to the subsequent burglary of her office and home and tampering with her car, are just concoctions designed to stain the image of China in NZ and elsewhere.

A sub theme of this strand is the argument that if NZ is going to have to choose a master, better that it side with trade over security. That follows the logic that we are utterly dependent on trade for our survival but we are utterly insignificant as a security target. NZ involvement in the 5 Eyes signals intelligence network and Anglophone military partners is of minor concern, both in terms of the guarantees they give to NZ security as well as the difficulties posed by trying to abandon them.

Then there is the tin foil hat crowd. Leftist conspiracy theorists share views with Rightwing nutters about the “Deep State,” chemtrails, 9/11 holograms and assorted false flag operations, including the harassment of Ms. Brady. If you believe them the same people who target anti-1080, anti-fluoride, anti-vaccination and anti-TPP activists are behind the staged assaults on the Canterbury academic. I am not sure who these puppet masters are but I somewhat doubt that Ms. Brady is wrapped up in a chemtrail conspiracy.

If we gather up all of the arguments against supporting Ms. Brady, they boil down to two main lines of thought. First, that Anne Marie Brady has staged the break-ins and vandalism in order to promote herself via sympathetic PR. Second, that the attacks on her property were done by the NZSIS with or without US connivance in order to smear the PRC.

My answer to the first is that Ms. Brady was sufficiently well known at home and abroad before the attacks, so she did not have to stage anything in order to garner attention. If she did so in order to widen public attention on Chinese wrongdoings outside of academic and policy-oriented circles, then she would have to be very crafty indeed. Although that is possible, I tend to think it not probable.

As for the false flag suspicions. Why would the SIS and/or US expend resources and run the risk of detection in such a low level operation? What would be achieved that was already not in the public domain already? Even if the spy agencies thought about doing so, would not the costs of being discovered outweigh any benefits accrued from falsely framing the PRC? So on this one, too, I say “possible but unlikely.”

Of course, there is the third explanation, which is that people acting on behalf or under the instructions of the Chinese state did the deeds. These would not have to be intelligence operatives tasked by the PRC embassy or Beijing. They could be patriotic expats, perhaps living in NZ on student visas, who took umbrage at professor Brady’s claims and the publicity surrounding them. With or without the connivance of Chinese authorities they may have wanted to make an intimidatory point much along the lines outlined in the opening paragraph of this post.

What is clear, because the NZ Police have said that the investigation has passed on to Interpol, is that the perpetrators are likely overseas and will not likely be caught and extradited. Since the investigation into the burglaries is now 10 months old, it is equally unlikely that local common criminals are suspects (especially given that nothing of value was taken in the burglaries other than phones, lap tops and flash drives). So whether the government equivocates or not the finger of suspicion rests most heavily on the criminal harassment being the work of people unhappy with Ms. Brady’s work on China, and in particular her Magic Weapons paper.

What is ironic is that the United Front-Organised “influence operations” that she expounds upon at length are not illegal. Their genius lies in that they exploit the system as given, in NZ’s case being the looseness of campaign finance and political contribution regulations. They also exploit a lack of enforcement capability in the financial and other business sectors in order to overlap legitimate and ethically questionable behaviours. But all of this is, while ethically dubious, perfectly legal.

Engaging in criminal acts against a NZ citizen on sovereign NZ soil is another thing entirely. This moves from peddling influence to, indeed, engaging in intimidation as a “hard” form of interference. It is an intrusion on academic freedom but also a breach of professor Brady’s freedom of expression. it reinforces the view that no one is untouchable should they dare to criticise the Chinese state, and that NZ is powerless to stop more of the same.

That is why the government response has been weak and the Left reluctance to fully support Anne Marie Brady so disappointing. Because the issue is as much about sovereignty, democratic civility and human rights as it is about anything she wrote or her personal and professional attributes or flaws. One may understand why the Right wants to cast a blind eye on such mischief because capitalists put profits before people’s rights, and trade with the PRC definitely brings profit to a select few. But for a Left Centre government and many Left activists to not strongly repudiate criminal harassment of a local academic for any reason, especially economic reasons, is a betrayal of the basic principles upon which the democratic Left is founded upon.

Shame, then, on those who proclaim to be of the Left but on this matter clearly are on the Right side of the Chinese.

Confronting Despotic Interference.

datePosted on 13:51, October 10th, 2018 by Pablo

It is hard to fix a precise date when despotic politics entered the liberal democratic world, and then again when it began to corrode the rules-based international order. Some say that it started with the emergence of right-wing nationalism in Europe in response to the importation of authoritarian cultural values on the back of mass migration from non-European regions. Others see the rise of despotism as the response to the sclerosis and decay of liberal democracy in advanced capitalist states, where corporate influence, political corruption, post-industrial decline and technocratic indifference to popular concerns conspired to undermine confidence in the institutional system. Still others saw it as a response to unfulfilled expectations in newer democracies, where hopes of equality of opportunity and choice were dashed by a return to oligarchical politics dressed up in electoral garb.

Whatever the cause, the response has been the corrosion of democracy from within exemplified by the rise of new form of despotic politics, and despots, that promise much and which use imposition and manipulation rather than persuasion and compromise as their main tools of trade. Democracy is increasingly rule by the the few for the few, with the mass of citizens serving as pawns in inter-elite struggles and useful fools susceptible to demagogic appeals.

Much attention has focused on the rise of right-wing national populists like Donald Trump, Rodrigo Dutarte or Recep Erdogan. But the turn to despotism in seen on the left as well, such as in the case of the Venezuelan regimes led by Hugo Chavez and Nicolas Maduro, the post-revolutionary Sandinistas led by Daniel Ortega and the South African ANC under Jacob Zuma.

To this can be added the places where despotism never left the scene and defied the successive waves of democratisation that marked the late 20th century. That includes the Middle East in spite of the so-called Arab Spring, most of Sub-Saharan Africa and much of  East, Central and Southeast Asia. Throughout the “Stans” despots reign and places as different as Morocco, Jordan, North Korea and Singapore are ruled by authoritarians of varying degrees of benevolence and legitimacy.

Whatever the date of origin, the rise of despotism is inevitably due to a mix of factors and motives, many idiosyncratic to the country in question. Hungary is not like Italy, which is not like Turkey, which is not like the Philippines or the US. And yet in spite of their variance  across the globe there has been a shift to despotic politics, something that in turn has had a pernicious impact on the international system. The truth is that, much like the waves of democratisation that preceded it and to which it is the antithesis, we have entered a new age of despotism that has international as well as national ramifications.

The global rise of despotic politics has clearly been encouraged by the election of Donald Trump in the US. His attacks on the media, “fake news,” the so-called “Deep State,” his vilification of minorities and political opponents, his xenophobic and racist dog-whistling and his courtship of foreign authoritarians in parallel with his insulting of long-time US allies and trade partners all provide an environment in which the US in no longer seen as a defender of human rights, press freedom and the international rule of law. On one level this has encouraged other despots to emulate him (e.g. Jair Bolsonaro’s campaign slogan of “Make Brazil Great Again,” Matteo Salvini’s calls for erecting an Italian wall against Arab and African immigrants and Dutarte’s dismissal of reports of extra-judicial killings by his police as “fake news’). On another level the US retreat from international affairs and the poisonous impact of domestic despotism in other democracies has led to breakdown in respect of international norms by despots and ostensible democrats alike. It is, in a phrase, a move back towards a Hobbesian state of nature in international affairs.

Into the vacuum left by the US abdication of its traditional international role have entered the politics of despotic interference. Unlike the hard power of military force, soft power of diplomatic persuasion and smart power of hybrid approaches using both in concert, despotic interference is one application of authoritarian “sharp power” where the projection of influence has hostile and subversive intent. Among other objectives, despotic interference is designed to influence foreign perceptions in a favourable way while stifling dissent at home and abroad by nationals and foreigners alike. It offers honey to those who bend to its will and vinegar to those who do not.

Seen in Chinese “influence operations” such as those outlined by Anne-Marie Brady with regard to New Zealand, or in the cyber warfare practiced by Russian military intelligence against Western targets (including hacking attacks on the World Anti-Doping Agency, Democratic National Committee and Organisation for the Prohibition of Chemical Weapons), authoritarians no longer feel constrained by the rules of diplomatic respect and non-interference in the sovereign affairs of foreign states. The most unpleasant of these include attempted murder by poison, as practiced by the Russians against a turn-coat Russian spy living in Salisbury, UK and a male member of the Pussy Riot dissident group. In their murderous intent the Russians are not alone. This week a Saudi journalist disappeared after entering the Saudi consulate in Istanbul. The Turkish authorities believed that he was either killed or kidnapped when in the consulate. Not to be outdone, bodyguards of Turkish president Erdogan physically assaulted, in front of the Washington DC police and assembled media cameras, Turkish expat protesters on the occasion of a state visit to meet with president Trump. For their part, the Chinese have used strong-arm tactics against dissident groups abroad such as Falun Gong and, as Australia has found out, muscled its way into political and corporate circles without regard to the conventional niceties of democratic competition (such as having mobs of pro-Chinese students assault and intimidate compatriots voicing non-Party lines). In fact, just like the Russian poison campaign, the Chinese appear to be interested in intimidating opposing views regardless of where they are located.

Many will respond to this line of thought with the usual “whataboutism” that the US and other former colonial powers and mature democracies have extensively intervened in the domestic affairs of other states.  That is obviously true and to be condemned, but it ignores the fact that if we value democracy as an intrinsic good and believe in the right to dissent, then the recent turn towards despotism and despotic interference are inimical to basic values of free and fair societies. That does not excuse the historical excesses and crimes of the US and other liberal democracies when it comes to their meddling in other countries affairs, but it does recognise that what has emerged in recent years is a new form of interventionism that has a negative impact on rules-based societies, to include the international community.

This is where New Zealand comes in. In the months after Professor Brady published her now famous “Magic Weapons” paper, in which she details how the Chinese Communist Party uses “United Front” organisations to advance its interests and suppress dissent in New Zealand and elsewhere, her office and home were burgled by parties unknown. The thieves left valuables behind but took her lap tops, phones and memory sticks, and in the home robberies rifled her bed sheets. Given the brazen nature of the burglaries and public nature of most of what was on her devices, it appears that the break-ins were done as acts of intimidation and warning rather than as information-gathering operations. The question is who would have motive to do so?

If the thieves were acting on behalf or under the orders of Beijing, then the burglaries were a step up from influence operations into criminal acts committed on sovereign New Zealand soil.

The New Zealand Police involved the SIS in the investigation, and most recently announced that the detective work had been handed over to Interpol and that leads were being pursued abroad. This implies that the New Zealand authorities believe that the perpetrators are now overseas, which means that they likely will never be brought to justice even if identified. And if they were Chinese agents, what is the New Zealand government going to do in response? Therein lies the rub.

Despotic interference, to include influence and disruption operations and the direct intimidation of dissidents and critics abroad, happens because those ordering the interference believe that they can get away with it. What are the target countries to do in the face of a hacking episode, a simple burglary or assault on a foreign national because of his/her political beliefs? Escalate things into a diplomatic confrontations? Declare War? Begin trade embargoes?

The beauty of despotic interference is that it does not invite easy retaliation and in fact makes a proper response very difficult to calibrate. The situation is all the more difficult for small target states like New Zealand, especially when the perpetrator of a criminal act of interference happens to be the government of its largest trading partner and a major source of foreign direct investment in the local economy. And yet to allow acts of despotic interference to go unpunished only encourages more of the same, so policy makers in targeted states are caught in a vicious circle about how to appropriately respond.

This is the situation New Zealand will find itself in if the burglars in the Brady break-ins are identified as having links to the Chinese state. Its response options are limited. It might issue a formal protest to the Chinese ambassador in Wellington or expel a low ranking diplomat. It might withdraw the New Zealand ambassador to Beijing for consultations. If the burglars entered New Zealand on student visas, then reducing the number of such visas issues to Chinese nationals might be considered. Limitations on tourist numbers could be considered and military-to-military contacts reduced.

The problem is that the response has to be seen as proportionate and discrete because the Chinese are acutely interested in saving face and are known to react disproportionately to even small slights. This is a serious problem for New Zealand given its trade dependency on China and the as of yet unchecked influence of Chinese money and favours in local politics (unlike Australia, New Zealand has placed no restrictions on fund-raising or influence peddling by suspected Chinese agents operating in Aotearoa). But New Zealand also cannot be seen as doing nothing in the face of such a criminal violation of sovereignty.

There lies the conundrum. If Western liberal democracies do not respond to acts of despotic intervention then they will likely continue and even increase. But many within Western liberal democracies, to include those in policy-making circles, no longer have faith in democratic values or see them in purely instrumental and opportunistic terms. The example being set by Trump in the US is emblematic in that regard but the consequences are felt globally, both in his imitators in other democracies and in the emboldenment of other despots such as Putin and Xi when it comes to meddling in the domestic affairs of sovereign democratic states. In that regard New Zealand is no different, with apologists for China denying or downplaying the pernicious nature of  its honey and vinegar approach to Antipodean affairs.

In that regard New Zealand again has become a laboratory rat for larger geopolitical experiments. In this instance the research question, to quote Lenin, is “what is to be done?” Rather than addressing the imperatives of making revolution, here the question is directed at how to respond to despotic interference in order to deter future applications of it. As mentioned, Australia has already tightened legislation governing foreign money and accounting transparency in campaign financing. All of the Five Eyes partners save New Zealand have placed restraints on the involvement of Chinese telecommunications companies in strategically sensitive infrastructure. But even in the face of the criminal violation of Anne Marie Brady’s privacy and academic freedom, New Zealand authorities have only offered vague assurances that it will respond forcefully if the culprits are found to be working for a foreign state.

The answer to the question of what is to be done is whether to draw a line on despotic interference in New Zealand given that it may have escalated into criminal behaviour, or downplay the episode given the diplomatic and economic necessity of avoiding offence and therefore injurious retaliation from an authoritarian great power.

To a significant degree, the true nature of New Zealand’s autonomy and independence in foreign affairs will be seen in how it responds.

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.

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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