Len Brown shows how it’s done

I don’t know much about Manukau mayor and Auckland Supercity mayoral candidate Len Brown, but this I do know: the guy has fire in his belly, and is prepared to stand and be judged by the authorities and his constituents.

This speech (audio, or edited video here if you can get it to work) is old-fashioned public-sphere politics — both rhetorical and substantive — done properly. He admits misusing his council credit card, calls in the highest authority in the land to investigate it, and says let the cards fall as they may.

This is an object lesson on accountability and due process for Chris Carter. Two senior progressive politicians, both fighting for their political lives over the same issue, and two radically different approaches. Where Carter has recoiled from public scrutiny and repeately refused to take any responsibility for his wrongdoing, Brown has done the opposite, calling for the highest standard of oversight and demonstrating that he will accept its outcome. He has both appealed to the values and culture of liberal democracy in asking that assessments be made on the substance of the allegations against him, and appealed to liberal democracy’s civic institutions to provide the best possible basis for that judgement.

Win or lose the election, Brown has acted with integrity and demonstrated his commitment to democracy, and as far as that goes, he’s already beaten Carter hands-down. But even in terms of electoral advantage, he has played a huge liability into a potential — depending on what the A-G’s investigation shows up — advantage. While such heartfelt contrition is a poor substitute for not having done wrong in the first place, the electorate likes a candidate who is prepared to stand up and be counted like this, and moreover, it tends to like a candidate whose commitment to the job is as strong as Brown’s clearly is. So this mayoral race just got interesting.

L

Not dark yet, but it’s getting there

Allan's beach at dusk, Dunedin, New Zealand
(Image, “Allan’s beach at dusk, Dunedin, New Zealand”, stolen from Nicola Romanò)

The Foreshore and Seabed deal is not over yet, at least not as far as Hone Harawira is concerned. He has come out swinging (audio) against the government, saying the consultation process which resulted in the agreement was “bullshit”, that Key has shown poor faith and “pandered to rednecks” with a Foreshore and Seabed repeal proposal which is all take and no give:

[The government] took the two things which would make Pākehā happy and refused to give the one thing which would make Māori happy.

The two things are guaranteed public access and inalienability; the one thing is Māori title. Furthermore, he’s reaffirmed a commitment to ongoing struggle for a more equitable resolution:

We may have to wait for another Labour government, we may have to wait for a formal coalition between the māori party and the Greens together, we may have to wait for hell to freeze over and ACT to give it to us, I don’t know.

This is good, and in my view it’s the position the party ought to be taking. But paradoxically, he supports the party’s decision to accept the agreement, saying it’s “a step in the right direction”. This can only make sense if whatever legislation which replaces the FSA is non-enduring; essentially, another step along that road laid down by the Good Intentions Paving Company, rather than the full-and-final settlement which will carve the proposal in legislative stone.

But I think if they follow this path, it will be all over. I don’t think they have a hope of being able to play this as an ongoing struggle, having consented to it. As Bright Red said at The Standard yesterday, both major parties will see this issue as settled and will suffer terribly if they bring it back to the table. The only reason the FSA was even up for debate is that even National could see the manifest injustice of legislation being rammed through against the vehement opposition of the group most subject to it; while many among National derided the FSA as being too generous, nevertheless the process of its passage was repugnant to them.

Hone Harawira and many others no doubt think that this process was similarly repugnant, but that view has little legitimacy since the Iwi Leadership Group and the māori party have willingly agreed to it. This is how liberal society works; this is tino rangatiratanga in action: you make your decisions and you live with their consequences. The only hope now, it seems, is that the eventual bill drawn up from the Agreement in Principle signed yesterday will provide some pretext for the party and the ILG to withdraw its support. This will come at an enormous cost in terms of goodwill, but I have no doubt that despite his protestations to the contrary, Hone Harawira is getting to work on setting the stage for such action already.

L

What changed for the Iwi Leadership Group?

So the māori party has accepted the government’s Foreshore and Seabed Act repeal proposal.

As I posted the other day, the Iwi Leadership Group, chaired by Mark Solomon, was dead-set against the proposal, with Solomon speaking in very strong terms against it. But now, while residual concerns remain, the ILG has now issued an admittedly grudging and vague endorsement. But there is a lot of daylight between Solomon’s words previously and the content of this acceptance. So my question is: what’s changed? While writing this, I was pleased to hear that Brent Edwards and Barry Soper asked the same thing during the PM’s presser. According to Turia, what changed is that:

In terms of customary title and customary rights, we have been given an assurance that those rights will be as sacrosanct as any other rights to title.

That’s very squishy. The problem hasn’t really been the veracity of the rights in question; it’s been the barriers to their acquisition and the limitations on their extent. Neither of those problems have been addressed. The matter of ownership isn’t trivial, and in particular the glaring difference between nascent Māori title-holders whose potential rights have been largely circumscribed while the possessions of existing, mostly Pākehā, title-holders are retained, was of particular concern to Mark Solomon — has not been addressed. More than that, the requirement that claimants not be disadvantaged in their claims by a prior Treaty breach is nowhere to be seen. This is particularly crucial, since it distinguishes to an extent between legitimate and illegitimate alienation. Under such a proposal (as I understand it, and in general) a claimant would be able to claim rights to privately-owned raupatu land and resources, whereas under the present scheme any land in private ownership — no matter whether it was originally confiscated at gunpoint — cannot be subject to a claim. That’s a big deal.

There are some positives in this scheme. As I’ve said, I dislike the “public domain” aspect of it; but I think the recognition of two distinct levels of customary title is good (particularly when set against the FSA’s draconian all-or-nothing approach in which all would get nothing). I generally approve of the mechanisms by which those claims can be tested. But it’s my view that this proposal grants little to Māori that they didn’t already have under the FSA, and although the barriers to test a claim are lower, and the mechanisms are more robust, and there’s generally better faith between the crown and Māori now than there was in 2004, it’s fundamentally the same sort of beast: iwi petition the Crown for rights that, according to the common law of the land, were never extinguished and ought never have been abridged; Māori debased as supplicants, begging the very agent of the crimes perpetrated against them for recompense.

Anyway, my initial position of criticism in the former post was that the māori party would be acting against their mandate if they accepted the government’s offer, it having first been unanimously rejected by the ILF. But the ILF having turned on a dime leaves me in two minds: I don’t like this proposal and I don’t think it has sufficient merit to be acceptable to Māori; but regardless of that the māori party is fulfilling its mandate by accepting it, acting in accordance with the guidance given it by the Iwi Leadership Forum as representatives of the iwi groups with claims to test. What puzzles me is not why the māori party have agreed to it — although the blame will no doubt be laid at their feet more than anyone else’s, and I agree that they ought to have done better — but why the ILF changed so rapidly and so completely. I’m left feeling much like I did when Michael Laws claimed victory about the h when the result of the government’s decision would be to establish Whanganui as a new orthodoxy, and relegate those wanting to use Wanganui to quirky outsider status:

Who knew that all Michael Laws wanted for his cause was an emasculating partial endorsement and a prolonged death sentence? He could have saved everyone (and his own reputation) a great deal of trouble by making this plain at the beginning.

There are a few possible explanations. One is that Solomon’s position as articulated on the Sunday politics shows and later on NatRad was not truly representative of the ILG’s position, and he has since been hauled back into step. DPF favours this line of argument and reproduces a Ngāti Porou press release in evidence. Another is that Solomon’s remarks were an aggressive negotiating position. But he’s not usually the sort to play brinksmanship games, and this government, with its solid parliamentary majority and two-winged coalition structure, is a poor choice of target for such a strategy. Another possibility is that something really did change, and they’ve received more than just assurances. A fourth, and no doubt very popular possibility is that Turia, Sharples, Solomon, Mahuika and all the other Hori Tory tribal elites have been bought off with baubles of office, beads, blankets and limousines.

I guess we’ll see when the final bill is drafted and introduced. And, of course, the response from the flaxroots will be important, because if they feel like they’ve been sold down the river, no amount of baubles will keep them from abandoning the māori party. And nor should they.

L

Between the Devil and the deep blue sea


(Image, “Road to Hell”, stolen from Alexander West.)

And I did not mean to shout, just drive
Just get us out, dead or alive
The road’s too long to mention, Lord, it’s something to see
Laid down by the Good Intentions Paving Company
(Joanna Newsom)

John Key’s government is starting to play for keeps after a year and a bit warming up. There have been a few clear examples of this, including the aggressive tax and service cuts in Budget 2010, and signs pointing to privatisation in the not-too-distant future. Less orthodox is the recent hardening of the government’s position on take Māori.

Key was not punished for his calculated snub of TÅ«hoe, and it seems the success has emboldened him to flip the bird to an even larger Māori audience, saying two things: that Māori can take or leave the government’s public domain proposal for the Foreshore and Seabed; and that by “Māori” he means “the māori party”. It’s these things I want to discuss, and they need a bit of unpacking.

Pragmatism and principle
Conventional wisdom on the Left is that Key’s blowing off Māori is (either) paying the red-neck piper, or a genuine manifestation of his (and the government’s) own racism. I think it’s neither and a bit of both. On the second bit, I accept that the National party’s history on Māori issues is broadly racist inasmuch as it hangs on a “one law for all” rhetorical hook whilst systematically opposing measures which safeguard the equal application of those laws to Māori, but I think this is down to the casual racism of privileged ignorance rather than the malicious anti-Māori sentiments of Orewa. Key’s politics, I am convinced, consist of a thick layer of pragmatism on a thin frame constructed of a few very strong principles. The principles are not the bulk of his politics, but they strictly delineate the extremes of what he will and won’t accept. Fundamentally on cultural issues he’s a pragmatist, and doesn’t much care either way as long as he’s getting his. But there is a solid core there which is only so flexible, and changing the ownership status of huge tracts of land (whether by Treaty settlement in the case of Te Urewera or by nationalisation in the case of the Iwi Leadership Group’s suggestion regarding privately-owned sections of the Foreshore and Seabed) is too much of a flex. There are good principled reasons for National to oppose such a scheme, and for this reason I don’t think he’s pandering to the redneck base so much as preserving what he perceives to be the National Party’s immortal soul: cultural conservatism and the maintenance of material property rights. Although I broadly disagree with the reasons, and the decisions, I wish that Labour had done as much to preserve its own immortal soul in 2004 and 2005.

“One law for all”
While I’m on record opposing a “public domain” resolution of the Foreshore and Seabed because it’s a solution of convenience rather than one born of any deep consideration of the issues in play, I have a little more time for Mark Solomon’s suggestion that if Māori are to give up nascent property rights to the takutai moana, those already holding such property rights ought to be obliged to do the same. I’m not convinced by arguments from PC and DPF to the contrary. PC’s argument, that iwi and hapÅ« ought to have full common-law recourse to test their claims as permitted by the Court of Appeal ruling in favour of Ngāti Apa has more merit than DPF’s, but I still consider it a poor option since there is a high likelihood of a culturally and politically repugnant outcome which would lack durability and further inflame racial hatred. Contrary to DPF’s claim that Solomon’s position is unprincipled, Tim Watkin argues that it’s actually a pretty good representation of “one law for all”. It would ensure that existing landowners — most of whom happen to be Pākehā — are not grandfathered into a new scheme simply by virtue of having bought land which may or may not have been legitimately acquired from whomever it was bought, while iwi and hapÅ« — who happen to be exclusively Māori — are forced to give up their rights. I argued much the same thing a few days ago, and I’m pleased to see someone else thinking along the same lines. While the whole Foreshore and Seabed going into public domain is worse than Hone Harawira’s proposal that the land be vested in customary title with ironclad caveats because it strips away rights rather than granting them, it does have the advantage of stripping those rights equally, rather than on the basis of largely racial discrimination.

There is another, economic, point in play: if land not presently in private ownership is placed in the public domain and declared inalienable, the increased value of those few freehold, fee-simple property rights which do exist at present will have a phenomenal distortive effect on the property market and on New Zealand’s social structure, with the inevitable result that almost every scrap of it will end up in foreign ownership. We will then have the perverse and incoherent result that most of the beaches will be owned in common — but those which aren’t will be the exclusive domains of ultra-wealthy foreigners. Whether this is a good or a bad thing is a fair point for debate, but I think this fact will grant Solomon’s proposal considerable appeal to the broader New Zealand public, especially among those who do not — and even at present prices, could never — own waterfront property.

Just who are these “Māori”, anyway?
As I noted above, Key has been clear that he cares not a whit for the Iwi Leadership Group’s views on the matter: he considers that the māori party has a mandate to negotiate for all Māori and the decision is theirs. This is strictly almost correct: they do have a such a mandate, and whatever they decide will be broadly regarded as legitimately representing “Māori”, to the extent that the decision accords broadly with the views of Māori as expressed by their various civil society agencies. This proviso, missing from Key’s glib assessment of the political situation, is crucial. By omitting it, Key aims to drive a wedge between the party and those civil society agencies — chief among them the Iwi Leadership Group convened for this very purpose — from whom they ultimately derive their electoral mana. The māori party, frequent howls of “sellout!” from the Marxist left notwithstanding, do regularly test their policy positions against these stakeholder groups, at hui, and in their electorates. This makes them particularly secure in terms of their support, as long as they act in accordance with their supporters’ wishes. I have long criticised the howlers for misunderstanding just what it is that the māori party stands for, and their mischaracterisation of the party — plump buttocks in the plush leather seats of ministerial limousines, representing “big brown business” — is similarly a wedge, of a slightly different hue. But this issue is the test. Without the support of the Iwi Leadership Group, it’s hard to see how the māori party could maintain its claim to a mandate.

Crossroads
Which brings me to the verse at the top of this post. This issue has deteriorated to the point that the National government — like the Labour government before it — issuing public ultimatums to Māori and prejudging the case by claiming to speak for the māori party’s position. That is not mana-enhancing for a coalition partner which has showed enormous patience and swallowed almost innumerable dead rats in exchange for largely symbolic concessions. This breakdown of diplomacy on its own is not sufficient to call time on the coalition relationship — that comes down to the merits of the choices available, and the proposal simply isn’t enough. I have long defended this approach on the basis that the big issues were still to play out — but the loyalty and commitment shown by the māori party, in the teeth of furious criticism from enemies and allies alike, must be rewarded. A Whanau Ora pilot programme simply isn’t enough. This road was paved with good intentions, and there was a chance it would lead elsewhere than where it did — a chance which had to be taken but which, barring a swift change in the government’s position, seems to have proven unfounded.

If the government holds to its ultimatum, the māori party must turn around and walk back into the light. On this I agree with Rawiri Taonui (audio). The party will lose much more by abandoning its people and agreeing to a Faustian bargain than by simply failing to negotiate the repeal of the Foreshore and Seabed Act, which realistically was a nearly impossible task in any case. And even if the party did support the bill, it would not mean the end of the struggle. As Taonui says, although they might have the numbers to pass the legislation, the government’s solution will have no legitimacy or durability in practice without the support of the ILG and those it represents. Where there is injustice, resistance will seep out around the edges. If the issue of the takutai moana remains live, the party can continue to advocate for a just and enduring solution, and the ILG’s proposed solution opens a potential route for re-engagement with the Labour party. All is not lost.

The big question — as I asked in r0b’s excellent thread the other day is: what will Labour do?

They can sit back and say “I told you so” to the māori party, hoping they will fold, or they can make a better offer and hope the māori party will become more inclined to work with them. I can see how either would be a reasonable tactical position in terms of electoral numbers, even though the former course of action would continue the erosion of Labour’s historically liberal and Māori support. But there’s also a real danger the party will do neither, or will attempt to do both and fail at doing either, such as by arguing that the FSA was actually not that bad after all. That would be a tragedy.

The whole world’s watching. I have to say Shane Jones, who the party desperately needs if it is to have credibility on this issue, hasn’t helped dispel the predominant impression of Māori politicians held by the New Zealand public.

L

Quote of the day from Banksie

Well, I don’t happen to take much legal advice from lawyers.

Regarding leaky homes, a problem caused by deregulation under the government of which John Banks was a part. Listen to the whole interview with a somewhat exasperated Sean Plunket. It’s worth it to hear Banksie argue that:

  • That we need to “get money into the hands of Bob the Builder” rather than giving it to the lawyers
  • … even though “of course” (he says) it’s Bob the Builder who caused the problem … and people can still sue Bob the Builder “if they can find these people and get hold of them legally”
  • … while admitting that there’s no real prospect of that since those responsible mostly have “walked away from their responsibilities”
  • … and conceding that the amount spent on laywers so far would cover only a tiny proportion of the total cost of leaky homes in any case.
  • That he “doesn’t think there’s any right and wrong” in the arguments around leaky homes;
  • That some people have been held to account, but he can’t name them;
  • That the magnanimous “John Key government” has said it is “morally responsible” while not being actually responsible;
  • and that he (personally) is taking responsibility, but that he has no recollection of precisely why the regulations were passed (by his government).

Enough to make your head spin.

L

Where Entitlements become Rights, and Rights Outweigh Responsibilities.

My partner and I are reaching the end of our sojourn in Greece and will be back in SE Asia by the end of the week. Her data collection and interview schedule have provided the follow-up material needed to finish the Greek chapter of her book (which includes Ireland and Portugal as the other case studies, a comparative project she started five years ago and long before anyone else noted some of the bases for comparison that now occupy so much attention). For my part, I have managed to glean some preliminary observations about civil-military relations in this fragile democracy, and in doing so have developed an idea about undertaking a comparison of post-authoritarian Greece and Argentina (although the specific focus of the project is still unclear and it will have to wait in any event until I manage to finish the current, long delayed book project as well as some articles in preparation or revision).

At this point I would like to reflect on an issue that I have previously written about in this forum (Sept 2009): the notions of Entitlements and Rights, in this case as they apply to contemporary Greek democracy.

If one thing comes across to this foreign observer, the Greeks have a tremendously developed sense of entitlements and rights. In fact they see them as one and the same. But they also have little sense of social responsibility. The prevailing attitude appears to be they everyone is entitled to express their opinions however they see fit regardless of whether it infringes on other’s security or dissent.  Everyone is also entitled to extract as much as they can from the state without having to help pay the costs of public goods (say, by paying taxes in full). The expressed view is not only that people are entitled to these attitudes (seen as a combination of opinion and behaviour), but that they have the Right to them.

Of course, this is an over-generalisation. Many Greeks do not impose their views on others and retreat into parasitic survivalism outside of their involvement in the public sphere. Yet at least when it comes to the intersection of political and civil societies, the tone is often “me/us first, the rest of you can get stuffed.”

What is interesting about this phenomena is 3 things: 1) that this notion of collective and individual entitlement is construed as a Right of all Greeks. Although nowhere is it written in the Greek constitution that people have a right to storm parliament, attack the police, property and standers-bye, or thrown molotovs into banks during demonstrations, it is generally accepted that such is inherent in the Greek way of expressing dissent or dissatisfaction with the status quo. These types of direct action are not seen as insurrection or low-level guerrilla warfare, but as something disgruntled Greeks simply do.

This attitude–that Greeks not only are entitled to get agro when they protest but have a right to, and that it is their right to not be held to criminal account for their violent public actions–is a product of the days in 1973-74 when the university student movement was instrumental, via violent clashes with the security forces, in bringing down the so-called colonel’s dictatorship that had usurped Greek democracy in 1967. Many of the leaders of that movement are now senior figures in politics, unions, the civil service and higher education. For them it was the resort to direct action, at considerable physical risk to themselves, that was THE decisive factor that restored Greek democracy. As a result, the role of direct action, including violence, has been mythologised in modern Greek political folklore, and even if stylised and ritualised in many instances, it remains central to the formation and reproduction of Greek political identities. In other words, to be staunch in the streets is to be Greek, and nothing can infringe on this inalienable right of all Greeks (immigrants are another matter). In a country that reifies its warring history regardless of win or loss, this is a powerful glue.

That brings up the second interesting aspect of this entitlements-as-rights phenomena: the government, including security forces, agreement with that logic. It is remarkable how the government accepted, for example, that the attempted storming of the Greek parliament on May 5 was a “right” of the protesters. Although it denounced the murders of three bank workers caught up in the demonstration violence, it did not specifically condemn the burning of the bank in which they were trapped.  Instead,  the government ordered that the parliament building be defended so that the debt rescue package could be voted on, but it clearly instructed the riot police to deal  lightly with the protesters and to not enforce basic criminal statutes outside of the immediate confrontation zone around parliament itself (and as I mentioned in a previous post about the general strike, may have negotiated with the communist-led unions to ensure that this occurred).

Nor was there a massive police cordon erected around the city centre, or police roadblocks and checkpoints erected at major road and rail access nodes to the downtown area even though it was a foregone conclusion that armed fringe groups were headed to the scene (and I must say that some of the Greek militant factions have truly marvelous names, such as the “Conspiracy of the Cells of Fire” held responsible for two bombings this weekend in Athens and Thessaloniki). In other words, with full knowledge of what would happen, the government confirmed the perception of entitlements-as-rights by ordering that security be limited and light.  Hence, for the moment, the military has played no role in internal security, which is left to two layers of riot police (one to prevent, the other to respond to violence), regular cops and plain clothes detectives and intelligence agents. However, if the pace of agitation continues, that attitude of military non-involvement in domestic security could well change (and it does not have to be overt, just decisive).

In effect, all political actors accept this particular interpretation of the Greek “me/us first, the rest be stuffed” broad entitlements-as-rights argument. Perhaps that is because there is also a fundamental Greek belief in the powers of collective and individual self-control. But nothing I have seen in the Greek streets suggests that self-limitation is a widely accepted national trait. To the contrary, the general attitude on the streets, both in the daily routine as well as during demonstrations, is that one gets away with what they can absent countervailing or superior power.  For those who have had the experience with them, Athenian street market vendors and taxi drivers are cases in point (and yet the market for both persists).

To put that in a comparative perspective, imagine any group in NZ claiming the right to throw molotovs, wreak storefronts  and storm parliament, and have that “right” not only accepted by any government of the day but also have that government order the police to refrain from using undue force on said protesters in the event they turn violent (to include limiting the number of arrests). Would that ever be feasible? For those so inclined, spurious comparisons with “wreakers and haters,” spitters, bum flashers, flag shooters and burners or street theater anarchists simply do not cut it.

That brings up the third, and most troubling aspect of the broad Greek interpretation of entitlements-as-rights (which if readers may remember my post on the subject last September are clearly not the same thing, nor should they be). Nowhere in this logic is there any notion of social responsibility, be it collective or individual. The entire argument is framed simply in terms of expected treatment and permissible behaviour, not in terms of social costs or collective mitigation of harm in pursuit of the common good. The absolutism of the claim of entitlements-as-rights and the absolute lack of relativity or regard for consequence are quite astounding. It is remarkable to watch and listen to people proclaim zero responsibility for societal ills, collective dysfunction or personal injury while demanding that their expanded notions of public and private rights be held sacrosanct. For this observer, the gap between what is demanded and what is offered in return is canyonesque.

And that is where my personal disconnect lays. As someone who recognises the legitimacy of violent direct action in the face of oppressive regimes, I fully understand the public need to physically confront the powers that be. But I also understand that there are costs involved in that form of expression. When one contravenes established  criminal law–often on purpose because it is a symbol of tyranny or class rule–one accepts that s/he has placed themselves outside of the law-as-given. One is thus a self-recognised “outlaw,” defined in old American Western parlance as “outside of the law.”  Being outside of the law of course means that one is liable to extra-judicial retribution, or at least criminal charge. Guerrillas  and counter-hegemonic activists of of all stripes understand this as they enter the fray and they fully understand the downside consequences of their decision to act (the Waihopai 3 notwithstanding). Having said this, it strikes me that the Greek state is more obese and arthritic than malignant and oppressive, so the resort to violent direct action on a near daily basis seems symptomatic of  a malaise not solely attributable to the Greek state.

And yet in contemporary Greece most everyone has a state-centred grievance and no one has a a claim on blame (or at least accepts even partial responsibility for social costs involved in the claim to entitlements-as-rights). For Greeks, collective costs are acceptable so long as immediate personal injury is avoided (this applies to bank managers as it does to unemployed youth). Rights of voice and expression are believed to be unfettered and encumbered only by individual preference, the consequences of which are to be borne by others.  Outside of exceptional cases involving ongoing public interest, public or private contravention of the law-as-given is generally held to be non-liable. A petrol bomb here, a bribe there–everyone is entitled to express their self-proclaimed rights in their own way and others should beware and steer clear. There is collective tolerance of that view. Governments come and go indulging such attitudes as the miminal cost of rule. Greeks that understand democracy as a substantive and procedural compromise can only ponder this, shrug their shoulders, and silently weep.

All of that may change now that the crisis is upon the Hellenic Republic. What may have been permissible in better economic times may no longer be so as the burden of sacrifice begins to wear on the fabric of Greek society. As austerity bites into the great mass of Greek workers the resort to survivalist alienation in the private sphere may give way to a defensive overlap between collective and private notions of entitlements-as-rights, drawn along lines reminiscent of 1974. Should that occur (and there have already been calls from ultra-nationalist groups for the military to act), the logic of entitlements-as-rights spawned by the events in 1974 could well be replaced by a military counter-version in which it is entitled, and has the right, to intervene in government in order to “save” the nation from itself, even if on a temporary basis.

Improbable as that may seem (and it is), such could well be the future price Greeks might pay for confusing a broad conception of entitlements with civil rights devoid of civic responsibility. Let’s hope not.

Epilogue: This concludes my posts about Greece. I may have more to comment on this fascinating country down the road but for the time being I must contemplate a return to the authoritarian (yet efficient and clean!) tropics. Which brings up the question: is it better to live peacefully and comfortably without real voice under authoritarian aegis, or is it better to suffer disorder and inefficiency in a democracy in which voice matters more than anything else? That is the perennial question of transitional political societies.

PS: My partner says that the syndrome is much more individual than collective, and that participation in collective action is a convenient cover for individualist self-projection using the ideological justification of rights to unfettered voice (rather than a genuine concern with collective gains). I disagree to some extent because I think that repeated involvement in direct action modifies the very notion of self (for better or worse), but that subject is for another discussion. In the meantime I defer to her superior knowledge of all things Greek.

Insensitive … now wait for the “hypersensitive”

Commenter Alexandra at The Standard picked up on a report by Radio NZ that John Key joked about TÅ«hoe as cannibals:

“The good news is that I was having dinner with Ngati Porou as opposed to their neighbouring iwi, which is Tuhoe, in which case I would have been dinner,” [Key] said, “which wouldn’t have been quite so attractive.”

Now, a reference to cannibalism in any leader’s speech is bad enough, but joking about it in the context of the government’s betrayal of TÅ«hoe, and Key’s failed attempt to speak for the māori party regarding that betrayal would be absurd if it wasn’t so insulting. Not only that, but the reference to Ngāti Porou was all the worse, given the complex history of those two iwi, which was also in the news recently but of which Key appears to have no awareness.

Two main questions occur to me: first was this a calculated move to distance himself and the government from the sense he has “gone native”, or just an idiotic off-the-cuff remark? (Essentially: bad will, or just incompetence?) And second, what will it take to prevent the māori party from walking away? As Marty Mars says, this is a significant matter of the mana of TÅ«hoe, and the mana of Māori in general. It cannot just be left to lie: either the māori party walks away, or some sort of meaningful reparation — you might call it “mana enhancement” — must be offered by the government, not only to TÅ«hoe and the party, but to Māori in general. The māori party are in a tough spot; as I argued yesterday, Māori don’t have the luxury of just throwing their toys whenever they don’t get their way. But something has got to give.

Oh, and as per Pākehā Standard Operating Procedure on issues like this, wait for the Māori response to be declared hypersensitive.

Update: Same being asked by Lynn at The Standard.

Update (20:25) Much has become clear since I wrote the post. Some updated thoughts follow.

First, it’s clear that this wasn’t an inadvertent, casual comment — it was, if not a planned and sanctioned statement then clearly a calculated one intended, after apparently growing discord at the Lower North Island National party conference this weekend past, to win Key and the government back some of its reputation for driving a hard bargain with Māori, and for not being a PC pounamu-wearing hand-wringer. So the initial diagnosis is “bad will” rather than “incompetence”. This was a simple continuation of the negotiative process which Key chose to stall by unilaterally ruling out the return of Te Urewera National Park; Key providing an opening for TÅ«hoe to continue dialogue, or not.

Second, it’s pretty well-calculated. It would have been easy for TÅ«hoe (and others) to publicly overreact and confirm Pākehā New Zealand’s worst instincts about them. It would also have been easy for the māori party to walk away from the coalition deal, and I do think this is another factor in favour of that course of action. But they haven’t done so. Tamati Kruger’s response that the joke was “not funny, in poor taste and unbecoming of a prime minister” is pretty strongly-worded but shows its own sort of gallows-humour, indicating that Kruger (seasoned negotiator that he is) understands the game being played, and is prepared to continue playing it, given some caveats. Having today said that Key had lost his nerve Kruger has held his. He was magnanimous and humorous when speaking to John Tamihere and Willie Jackson about the topic on RadioLIVE this afternoon, but pretty clear that the deal is still to be closed, and it will now take some closing.

Third, Key has publicly insulted both TÅ«hoe and the māori party in the past week, and this does still need to be addressed. All parties seem to have chosen to address it around their respective negotiating tables, rather than in public, but behind closed doors these people will be furious at having been so treated, and for all that they’ve gained ground with the redneck street, that’s ground National will need to make up inside the wharenui. To put it in terms Key, as a former currency trader who worked a lot in Asia, would understand: the price of doing business just went up. And it went up quite a lot, because failure to accede to that increase means TÅ«hoe can now justifiably walk away from negotiations which are already almost two years underway, claiming that the negotiating team has no legitimacy, having been unilaterally overruled by their own prime minister, apparently just because he changed his minds. If they do that, expect every other current negotiation to go the same way. That’s an unacceptable political cost for Key before the next election, let alone the one after (by which all outstanding claims are supposed to be settled).

Fourth, a public sense is beginning to build of Key as the one who is endangering the relationship, after the opposite sense developed around Hone Harawira’s comments last year. If the coalition between National and the māori party fails, it will be seen as his failure to manage the relationship adequately, and that damages his own master narrative of being an efficient political manager and an all-round nice guy. As marty mars said in another comment on The Standard, the concessions granted to Māori by Key’s government are “barbed” — they can’t be revoked or withdrawn without sustaining substantial political damage, which means that if the māori party sees genuinely irreconcilable differences and an opportunity to dissolve the agreement without being seen as unreasonable, they are able to do so. But as Neil says in the comment thread below, and as I’ve been arguing to little avail for ages, the māori party’s best play vis-a-vis either major party is the threat to go with the other. Labour partisans and much of the wider left wish it were not so, but if Labour get a sense that they have a monopoly on the māori party’s attentions again, then further concessions will be rare and threadbare.

Fifth, the KBR response is just what you’d expect, complete with gratuitous references to the alleged taste of human flesh, and ginga jokes. Sigh.

Thanks for the discussion so far. Responses to other comments below.

L

A chronicle of deaths foretold.

On Wednesday May 5 there was a general strike in Greece. It was much publicised and anticipated, with posters hung throughout Athens in the week before calling for a day of “action” in protest against the IMF/European Central Bank austerity regime required for the approval of US$141 billion in bridge loans to the financially beleaguered Greek government. The general strike was called for the day the Greek parliament, controlled by the ruling PASOK (nominally centre-left) party, would vote on the financial rescue package. Athens was therefore the epicenter and focal point of the day of ‘action.” In Greek political parlance a day of “action” means a day of ritualised and raw violence against the status quo. Everyone knows this and prepares accordingly. The transportation workers were kind enough to delay joining the strike until 11 AM (with a return to work at 5PM) so as to accommodate the needs of the demonstrators looking to head downtown (ticket monitors declined to enforce paid passage on the day).

For unions and other disgruntled groups the strike meant preparation of their cadres and organisation of their marching columns, to include stockpiling improvised weapons and going over marching discipline. On the day itself communist (KKE) party-affiliated unions manned the perimeter of their columns with large tough men, since the columns include pensioners and families while unaffiliated provocateurs attempt to infiltrate the ranks (see below). The toughs move to the front of the column once the destination of the protest is reached (in this case, Parliament), where they provide a buffer between the security forces and the leadership while the support masses supply voice, placards, medical aid and replacements for the front line stalwarts.

Other counter-hegemonic factions, particularly anarchist groups and Marxist-Leninist militants such as those in the “Revolutionary Uprising” group, organise more furtively. Unwelcome by the KKE unionists and virtually all other protest groups, these radical elements trail the larger union columns wearing hoods and tear gas masks while carrying pavement stones and petrol bombs. Comprised less of proletarians and more of disgruntled middle class and unemployed youth, they organise into small group cells so as to infiltrate the rear of the union columns where the KKE toughs are less visible, and they use the shelter of the larger columns to stage hit and run attacks on symbols of government or capitalist authority. Their actions are not coordinated with the KKE or other groups, and are designed to inflame the situation so as to provoke a violent police response and wide spread chaos.

On the day of the general strike tens of thousands of demonstrators descended on the Syntagma (Constitution) square outside of Parliament. The unions intended to disrupt the vote by storming parliament. The riot police understood this and protected the building. Other groups filled the square in support for the union vanguard, and by noon there were full-frontal clashes between demonstrators and riot police on the parliament steps. These clashes were remarkable for their restraint–the demonstrators threw small stones and an assortment of wooden objects, plastic water bottles and other light projectiles while grappling with the police over their riot shields. The police responded by episodically using hand-held tear gas dispersal units (rather than grenades) at close quarters when the mob threatened to overwhelm a point in the police line. In sum, there was much shouting, pushing and shoving but it was all rather stylised and everyone made their point (it is widely believed that the Police and unions have an understanding about how these demonstrations should proceed, particularly under PASOK governments).

All of that changed at 1:30PM when hooded youths firebombed a branch of the Marfin Egnatia Bank a few blocks from the square. Located in a century old building lacking fire escapes, the bank branch was shuttered but its door left unlocked because its employees had been ordered to work in spite of the strike (leaves were apparently cancelled or not taken). Of the twenty employees inside the branch when the firebombs came through the door, three died of smoke inhalation as they scrambled up a stairwell to escape the toxic fumes of the burning bank lobby. The others were rescued from second floor balconies as smoke billowed from the windows and doors behind them. The rioters on the street below prevented would-be rescuers from entering the front entrance and pelted arriving firefighting units with rocks and Molotov’s. Among the dead was a pregnant first time mother.

The deaths of three innocent Greeks cast a pall on the country. Everyone, politicians and unionists alike, agreed that storming parliament was fair game, but murder was not. The hunt is now on for the perpetrators, who escaped, and the blame game is in full swing.

The government blames the anarchists and other usual “agitators.” Most of the country appears to agree with this view because the bank bombing was part of a larger orgy of violence in which private vehicles, storefronts, media vans and assorted other private property and government offices were stoned, torched or otherwise vandalised. The KKE and most of the union movement chose to blame government policies and its kowtowing to foreign financial interests for setting ther stage for the tragedy. Others blame the bank workers for not shuttering the front door once the mob on the street outside morphed from a well organised column into random groupings of armed youth. Others blame local government regulations that allow the use of old buildings for housing and commercial purposes without fire prevention or escape retrofits. But so far one culprit has remained unscathed by criticism–the bank itself.

Marfim Egnatia Bank is the largest majority Greek owned bank. It controls the Greek Investment Bank and has stakes in a number of commercial enterprises including the likes of Olympic Airways. It borrows heavily from foreign financial institutions in order to maintain and expand its commercial presence. Its Board of Directors is entirely Greek. And yet this bank ordered its workers in downtown Athens to report to work on a day when all of Greece knew that it would become a low intensity conflict zone. No banking business was (or could have been) done at that branch on May 5. But 20 workers, clerical staff and branch management alike, were told to effectively risk their lives and keep ther front door open as a sign that Marfin Egnatia supported the government decision to accept the terms of the bailout and as a symbol of rejection of the general strike. But it was not the Board of Directors or upper management who were going to make that stand. Instead it t was the retail (mostly female) foot soldiers who were made to face the much anticipated wrath of the disaffected children of the bourgeoisie, unemployed working class and assorted lumpenproletarians.

That, in a nutshell, is the problem of Greece. An utterly contemptuous corporate (often hereditary) elite that indulges the political classes and orchestrates oligopolistic control of the national economy from the comfort and safety of the Athenian north and western far suburbs. An elite that weekends in the islands and watches the strikes on TV. An elite that will, by all measures, be singularly unaccountable or untroubled by the austerity regime now imposed on their fellow citizens.

Their disgrace is paralleled by that of the murderous hooded street thugs who enjoy violence for violence sake, and who take advantage of the Greek indulgence of ritualised confrontation to pursue their anti-social agendas, agendas that have zero political purpose other than to demonstrate contempt for the status quo. Both the Marfin Egnatia Bank bosses and the hooded street thugs who threw the firebombs into the bank knew that innocent, working people were being placed in the line of fire.  And in both cases, they simply did not care.  In their contempt for others, it turns out that  Greek elites and street cretins are alike.

That is why the deaths on May 5 were so quintessentially Hellenic: avoidable, unnecessary, preventable, pointless and yet palpable as well as inevitable.

PS: For those interested in English language news coverage of Greece, check out www.ekathimerini.com (but be aware that it has a right-centre orientation).

All’s fair, even when it’s unfair

As much as it pains me to say it — having long hoped against hope for the illusory Liberal Democrat rally which would see the Conservative party locked out of the British government for another five years — on reflection, I think the result of Thursday’s election in the UK was a reasonably fair one.

That’s a bizarre thing to say for a bunch of reasons, so let me explain. I don’t mean it’s fair in the sense that the views of the electorate were adequately reflected. Hundreds were turned away from polling stations or otherwise prevented from voting, but that pales into irrelevance compared to the fact that somewhere north of 40% of electors who did manage to cast their votes legitimately had no influence whatsoever on the makeup of the parliament. Spare a thought for the 15,903 Lib Dem voters of Camborne & Redruth, whose incumbent candidate lost by just 66 to the local Tory. It’s certainly not fair to the “Celtic fringe” and other minor parties whose candidates were excluded from the main electioneering set-pieces. I’m frequently on record saying that politics isn’t fair, and it isn’t — you don’t get out what you put in, there are no guarantees and sometimes the righteous are not rewarded nor the wicked punished. But from time to time, despite its unfairness, democratic politics does cast a thin, pale shadow of justice, and this is just such a time.

The Labour party betrayed the trust of its electorate in myriad ways. Most egregiously by blindly backing Bush rather than undertaking its own due diligence on the Iraq war; more insidiously by quickening the pace of Britain’s march toward a surveillance state; and most materially by claiming to represent the caring face of modern compassionate capitalism while permitting the barons of the banking industry to make out like bandits to everyone else’s cost. The handover from Blair to Brown was slickly managed but its slickness betokened a deep rot within: a reluctance inside the party to interrogate and dispute and disagree on crucial matters of policy and principle. The absence of any such critical engagement with the big issues of our time during a period when those issues were front-and-centre for the first time in a generation was clear in that nobody challenged Brown, even for show — and it was evident in Brown when he spoke to the electorate. He was a leader who had been given his place; he had not earned it, and it showed. New Labour was deservedly rejected for their performance over the past three terms, and I do not rue its loss greatly.

The Conservatives, on the other hand, were little more deserving. Cameron is unashamedly Blair-like, even describing himself as Blair’s heir. But although early in his leadership he has more characteristics of the later Blair, lacking much of the political verve which marked Blair’s inspirational early career. He is a self-declared moderate, which seems to mean he doesn’t really believe much of anything; he claims to be a “compassionate conservative” but speaks fondly of Thatcher. He derides parliamentary politics as a circus — which, to me, is an indicator of authoritarian managerialism, the preference to stitch up faits-accompli in smoke-filled rooms rather than submit ideas and policy programmes to the chaos of public dispute and scrutiny. For all that, he is an extremely intelligent and politically astute man; his former Oxford tutor speaking of him with surprisingly high regard during the BBC election broadcast. He is in some of these regards deeply reminiscent of our own Prime Minister. His party, however, do not seem to be of this standard; certainly not in terms of ability, and certainly not in terms of ideas. They struggled to keep pace with an ideologically bankrupt Labour party throughout the campaign and preceding term, no doubt just thanking their lucky stars that they were not having to make any of the hard decisions throughout the financial crisis. They were deservedly kept from securing government on their own, although they probably consider that they’ve been robbed, given how deeply loathed Brown and his Labour party are.

But the Liberal Democrats were robbed, although not so much as comparing their share of vote to their share of seats might suggest. They were much less to blame than either of the other two parties for abusing their expenses, and have proposed a much more thorough programme of economic and social reforms to present to an electorate clearly displeased with the tired and mediocre offerings of the mainstream. In a loose moral sense, they deserved more than they got from this election, not simply on the numbers but on the basis of their performance. But they were also the architects of their own misfortune to some extent. They unselfconsciously tried to drive a “sensible moderate” path between two parties whose electoral programmes were positively defined by stultifying sameness and a refusal to commit to anything which might make a blind bit of difference. There was too small a space between those two for anything to properly bloom. They targeted the young, immigrants, and the otherwise marginalised for votes — groups who might respond to polls, but never really turn out on election day. Clegg also played with best-of-both-worlds populism, and his “I agree with Nick” slogan is now being cruelly mocked — as it perhaps always would, given that not even the most generous projections had them winning more than an eighth of seats.

Nick Clegg and the Liberal Democrats hold an ace, and that is proportional representation. Now Labour, which has long had the political capital to implement a proportional system but has consistently chosen not to even consider it, declares itself in support of electoral reform. Blair, for all the great things he did in his first term, could potentially have saved his hapless successor’s — and his party’s — hides in this election by starting the PR reforms when he could act with impunity. I hope he regrets the decision not to. Even David Cameron, an avowed opponent of PR and representing a party with a deep, even tribal opposition to such measures, now claims to support “reform of the political system”, though — remaining true to form — he has been carefully circumspect on what he actually means by that. I reckon he means “make sure all the polling stations have enough ballot papers”, which is admittedly a good start. But PR is the only way to end the electoral corpulence of the two major parties; while they remain insulated from the challenges of lesser parties there will be no genuine improvement.

So the Liberal Democrats have to go for bust to get proportional representation, now. That, paradoxically, means supporting the Tories to the minimal extent necessary, in the classic sort of compromise that leaves neither party happy. (Though it does mean that the Lib Dems must rebuff as much of Cameron’s “big, open and comprehensive” coalition deal as they can get away with.) For all that it seems, on paper, like a wonderful idea for the Liberal Democrats to give Labour the chance to build a coalition out of the the minor parties — everyone except Sinn Féin and the DUP would be needed — such a course of action would lead to proportional representation being robustly rejected by the British electorate. To stitch together all of these competing interests and Quixotic crusades into a cooperative which can agree on a seating plan, let alone draft constitutional reforms as important as devolution wast would require a bona fide political genius. Gordon Brown is not that genius, and nor is Nick Clegg. If such a person existed in Britain at present, he would probably be the leader of a very much more substantial majority in the House of Commons already. The inevitable, catastrophic failure of such a merry band of jokers would paint for the British people the worst possible picture of what proportional representation parliaments would look like, at the worst possible time, and would leave the Tories free to simply sit on the sidelines and shake their heads knowingly. For all that it’s a self-serving platitude to excuse a deeply undemocratic system, “strong, stable government” really is quite useful during times of such deep economic crisis. Not only would these events drive the electorate into the arms of the Conservative party (who would not even need to change their slogan), but it would sink any chances of PR being adopted for a generation or more. On the other hand, to force the Conservatives to permit even a discussion about PR could grant Labour a new lease on life. Once it’s cut away the extensive dead wood, the party would be in a strong position to stand against the nay-saying Tories trying — and likely failing — to limit their exposure to the public’s will and to make a decent fist of their time in government (in that order of priority).

Probably the most memorable quote for me from this election coverage was “the voters have spoken: we just don’t know what they’ve said”. Well, it seems to me that what they’ve said is “screw the lot of you”, with the perhaps unspoken exhortation to “sort your bloody act out”. I hope that’s the message received. That means the death of expressionless, gutless managerialism in politics, and it means a genuine engagement with the electorate on electoral reform. Neither can come soon enough.

L