The hits keep coming

Tara Te Heke has been reading from the Ayn Rand playbook with her idea of a DPB party. Classic troll, and devastatingly effective. There are some truly vile things being said there, and in amongst it, the earnest lunacy of a 3,000-word biblical anti-sermon apparently intended as a sort of Turing test. There’s so much baying on the thread that I’m not sure if anyone has come up with the quote about democracy being two cannibals and a vegetarian voting on what to have for dinner, but it can’t be far off.

The thing I can’t wait for is DPF getting back and answering his doubters, haters and watchers. Whatever else it is, this guest post experiment has been wonderful theatre.

L

Voodoo justice–compassion or condescension?

The news that five Maori family members were given community sentences and spared jail terms after being found guilty of the manslaughter of their niece, who they believed to be possessed by demons, during a prolonged exorcism ritual that involved repeated eye scratching and waterboarding (a term now unfortunately part of the popular lexicon) of the victim (who it turns out was mentally ill rather than possessed), has caused a predictable stir in judicial and political circles. Pundits on the right lambaste the apparent double standard applied to Maori in this instance, where gross ignorance, superstition and stupidity cloaked in the garb of “traditional beliefs” is given a cultural pass when it comes to adjudicating personal and collective responsibility for the lethal consequences of said beliefs. The argument goes that any Pakeha exorcism resulting in death would have seen those responsible incarcerated, and that ignorance is no excuse is the eyes of the law. There is truth to this view, as there have been prior instances of bible-bashers (here meant literally) being jailed for abuses against individuals suspected of possession or other religious transgressions. There is also the issue of relative justice, in the sense that people involved in assisted suicide or drugs offenses have received jail terms rather than community service (ie. their crimes were less heinous  than this one). From this vantage point, the light sentences handed down to the defendants on grounds that they did not realise the consequences of their actions and thought that they were doing good for the victim is an astonishing act of judicial double-standards rooted in over weaning political correctness. The bottom line, in this view, is that is is condescending, patronising and just plain wrong to let Maori off lightly because they may have “traditional” beliefs the lead them to commit acts that others could not get away with. After all, “traditional beliefs” are not always correct, civilised or appropriate, because if they were then NZ society and the law would approve of foot-binding, genital mutilation and ritualistic whippings as acceptable practice for those who ascribe to them.

On the other hand, some progressive pundits and cultural relativists see in the decision a wise act of compassion by a judge who believed that the family had suffered enough with the inadvertent death of Janet Moses at their own hands. In this view it serves no purpose to punish them with jail terms because they are already acutely aware of the mistake and have a life long punishment to serve as a result of it. They and society would be better served by having them do community service and learn more about their own cultural heritage so as to not distort traditional beliefs regarding makuto and its treatment.

From my perspective, the main trouble is that in democracies the law should universally apply, and that application should apply universally in sentencing. If ignorance of the law is not an excuse for violating traffic regulations, then surely it is no excuse for manslaughter. Yet in heterogeneous societies comprised of an assortment of pre-modern, modern and post-modern beliefs espoused by indigenous, colonial and post-colonial groups, it may be impossible to apply the “justice for all” standard in ways that do, in fact, ensure so. I am thus left with mixed feelings about the verdict and sentence. On the one hand, the actions of these individuals are inexcusable; on the other hand, they were acting in good faith when they committed them. What then is a fair sentence in this case?  Are some groups entitled (that word again!) to different standards of justice based upon their belief systems? For the moment I am left with the uneasy feeling that ignorance may not be bliss, but for some it makes for a better defense.

Submit!

Submissions to the NZ Geographic Board regarding the proposed change of the spelling of ‘Wanganui’ to ‘Whanganui’ close tomorrow. Whether you support the change or the status quo, I urge you to make your position (and arguments) known to the NZGB and to the country.

It will come as no surprise to readers that I support the proposed name change. The majority of my submission is drawn from the four posts I have written on the topic. There’s plenty (plenty!) more about this out there on the interwebs as well.

Submit!

L

Edit: My full submission is below the fold.

Continue reading

Suppressing resident participation

Auckland

The National-Act government are going against the Royal Commission’s recommendations in an attempt to weaken resident participation, consultation and influence.

Wellington

The National-aligned mayor, Kerry Prendergast, and centre-right Council are trying to remove the public’s right to be consulted on buildings on our beautiful public waterfront.

Christchurch

Labour MP, Clayton Cosgrove, is trying to remove residents’ right to be heard using the Resource Management Act in an attempt to give the airport carte blanche to create as much noise whenever and however they like.

Contemplating the neofascist revival.

Courtesy of Rob Taylor back in Karekare, here is a link to an interesting article about the rise of a neo- or proto-fascist movement in the US. Although I have some quibbles with the structural as well as some of the political aspects of the argument (at least in comparison with the original (European) versions of fascism), the article is nevertheless worth a read. To me the trend is not just evident in the US, but in the rise of right-wing movements in Asia, Europe (and to a lesser extent Latin America) as well. For NZ readers interested in the quality of Kiwi democracy, the question is whether the trend is now evident at home, and if so, what are the means of forestalling it from developing further.

The SIS thinks that Jane Kelsey is a threat to national security.

 I read with interest that the SIS keeps a file on Jane Kelsey, apparently dating back almost 20 years. I am not a close friend of Jane but  know both her academic and activist work as well as some of her arguments with the SIS and Privacy Commission about her file (which will not be released to her, even in redacted form). Jane apparently came to the attention of the SIS because she was part of a Filipino solidarity group in the early 1990s and later because of her anti-APEC and anti-neoliberal activities (both of which have subsequently been vindicated in fact). I admire Jane because she is a person of conviction, and because she is staunch in the face of official intimidation. Deborah Manning is another such person. Were that there be many others of such character in New Zealand, but alas, especially amongst the male population, there are comparatively few in my estimation.

Putting aside the gender implications of Kiwi bullying and cowardice, the bottom line is as follows: the SIS is either lying or stonewalling on what Jane Kelsey’s file contains, and the so-called Privacy Commissioner is either an SIS toady or hopelessly ignorant of the issues at stake. Either way, this is another blow against Kiwi democracy. Truth be told,  the demolition of Kiwi civil liberties–particularly the right to privacy–was accentuated rather than diminished under  the Fifth Labour government, something the Key regime has happily continued.

If Jane Kelsey is a national security threat than I am Osama bin Laden, Anita is Ayman al-Zawahiri and Lew is, well…Lew.  We are all accomplices in critiquing the way NZ governments’ operate. If Jane has a file, then anyone who has voiced a public opinion against the government  could have a file. That is because for the last decade or so, dissent has been incrementally criminalised, and the definition of criminality is left to the government of the moment and its sycophants in the security bureaucracy. Hence anything oppositional can be grounds for snooping. That is how the SIS justifies its existence. Just ask Tame Iti or Valerie Morse.

Remember this small fact: being a pain in the rear of the security apparatus because of one’s vocal criticism of government policy, or being a critic of the SIS or the Police itself, does not constitute a threat to national security per se. If it does, that is all the more reason for the SIS or Police to release the evidence justifying claims that is the case. In Jane Kelsey’s case, her requests for release of her file have been met with bureaucratic obfuscation rather than transparency even though the SIS has all but admitted that nothing she has done constitutes a threat to national security. So, one might ask, why the obstruction on “national security grounds?” Although I have an idea why the SIS and Privacy Commissioner are hiding behind the skirt of “national security,” there are broader issues for civil liberties at stake that are worth considering here.

With that in mind I urge any reader who has expressed a dissonant, much  less dissident voice with regards to the way the NZ government and its security agencies operate, to make an official request for  your files. That is because it turns out the the extent of domestic espionage is far beyond what most Kiwis expect to be reasonable, and the SIS is utterly unaccountable for doing so. By this I mean that any dissident, right or left wing, is a potential target of covert monitoring and thus has a probable reason to make an OIA claim. I do not mean just the fringes of the Left-Right continuum, but anything in between: if you piss off the government of the moment or attack the SIS /Police on ethical or practical grounds, you can well be subject to “investigation” on the grounds that you constitute a threat to national security. It is all justified by the empowering legislation that was passed in  the last 15 years, including clauses that justify spying on New Zealand citizens who constitute “threats to  economic security” (which means that anyone opposed to governmental macroeconomic policy might as well be Osama in the opinion of the SIS). So, because she opposes neoliberalism and the APEC “free trade” doctrine, Jane Kelsey is the economic equivalent of a jihadi as far as the SIS is concerned.

That having been said, ask and you shall not receive. If Jane’s campaign is any indication, these  taxpayer-funded security bludgers feel no need to answer the silly requests of the people who pay their salaries. But should you insist, the SIS can be contacted www.nzsis.govt.nz.

Remember that you have to make an OIA (Official Information Act) request, and you should be as precise as possible when specifying the activities that you consider would have “warranted” SIS opening a file on you (of course, even asking that question could “warrant” the SIS opening a file on you).

Please ask Director Warren Tucker for a personal response in your OIA, and tell him that “Pablo” sent you. He knows who I am.

PS: The post has been updated twice to correct typos and clarify some sentences.

I voted Yes today

It is a sunny Wellington spring day; I walked past crocuses and the beginning of daffodils to get my ballot paper, and past trees starting to show their spring growth to post it.

I voted yes because I believe smacking children is wrong.

I voted yes because I want to reaffirm that the Christian right do not speak for me. Many many (many) Christians in New Zealand believe, as I do, that smacking is wrong.

I voted yes because countless people gained the signatures of 300,000 voters to give me the opportunity to say out loud what I believe.

I voted yes because I want to live in a country where children are hugged, held, comforted, and raised to be non-violent adults.

I voted yes because I love.

Allowing people a voice

Sam speaks out publicly about the fact that ACC payments for counselling do not cover the full cost of each counselling session and victims of crime like Sam are left to scrape together the difference. What information should Nick Smith be able to release about Sam’s circumstances? Should that include that Sam, who was sexually abused by a female caregiver when he was a child, insists on seeing a male counsellor, and in his small town there is only one appropriately qualified male counsellor and his rates are higher than average?

Chris is on the sickness benefit and speaks out publicly about the fact MSD won’t help with the high transport costs of getting to specialist appointments. What information should Paula Bennett be able to release about Chris? Should that include the fact that since Chris’ last psychotic episode, in which she threatened to stab her nieces and nephew, she has moved out of her sister’s home near the specialist and back to her parents who live in a semi-rural area with no public transport?

Moana, who has a full time job, speaks to the select committee considering leave provisions about the hardship that compulsory christmas closedowns cause non-custodial parents and talks about her employer requiring a three week closedown. What information should Moana’s employer be able to release? Should that include the fact that Moana’s leave situation is atypical in that workplace and is due her taking extended leave earlier in the year to attend a residential alcohol programme and using annual leave to have supervised contact with her children whose father moved them out of town when her violence and drinking became dangerous?

Sam, Chris and Moana should feel safe speaking publicly about those issues of government policy. None are lying, none are misrepresenting their own situation, each is raising a genuine issue of policy. For each the disclosure of their personal circumstances could cause significant shame, damage to relationships and support networks, and provide a huge disincentive to speaking publicly.

Being a democracy is about more than giving everyone a vote, it’s about allowing everyone a voice.

[This post was originally a comment in reply to jcuknz in this thread.]