Archive for ‘History’ Category

Selections matter

datePosted on 22:22, March 20th, 2013 by Lew

Justice Minister Judith Collins has appointed Dame Susan Devoy as Race Relations Commissioner.

She replaces Joris de Bres, who has served two five-year terms and is very well-regarded in Māoridom (at least) because (in part) he understands the importance of his own Dutch whakapapa, and the complexity of his place as an immigrant in Aotearoa. As Bryce Edwards and Morgan Godfery have noted, he has also shown an unusual willingness to comment on issues related to his mandate of opposing racism.

No doubt this fact has informed Collins’ decision to appoint someone less feisty. Dame Susan has little or no high-level experience in the field, and I suppose the thinking is that she brings a clean slate to the role or, to put it another way, her thinking and the degree of her engegement with the issues will be more easily influenced by the prevailing governmental culture. But Dame Susan is not a blank slate. A week ahead of Paul Holmes’ now-infamous Waitangi Day a complete waste column, she wrote one of her own that, although it employed language more befitting a Dame, nevertheless expressed similar sentiments. One year ago our new Race Relations Commissioner wished that instead of Waitangi Day we could have “a day that we don’t feel ashamed to be a New Zealander” and pined after a holiday like that celebrated in Australia, where — a few recent and grudging obeisances aside — 50,000 years of history and the brutal facts of the settlement of that land are blithely ignored in a jingoistic celebration of Ocker Pride.

That would be bad enough, but it gets worse: Dame Susan doesn’t have a clue what she’s doing:

Jacob McSweeney: “She admits she doesn’t have a wealth of experience in race relations, but she says the job isn’t overly complicated.”
Susan Devoy: “I don’t think it’ll make it any more difficult than dealing with any other issues, I mean, you know, this is all under the Chief Human Rights Commission [sic], and so therefore whether it’s disability or gender or employment or race, you know, the issues are not dissimilar. This is just about making it right for every New Zealander.”

(From Checkpoint.)

This is a terrible appointment. Anyone who thinks Aotearoa’s race-relations culture isn’t complicated is by definition not equipped for the job of guiding and guarding it. Not only is our new Race Relations Commissioner ashamed of our national day, but as far as she’s concerned it’s just another ism — revealing how little she must know about disability, employment or gender issues into the bargain.

So as far as that goes, she looks like the perfect post-ideological, post-identity selection for such a job: a common-sense managerialist who, to the limited extent that she understands the issues in play, finds them distasteful.

What a good opportunity for Labour! The National government, at a time when racial and cultural tensions are a major issue, clearly doesn’t value race relations sufficiently to put anyone competent in the job. But the Labour party has selection problems of its own: an Ethnic Affairs spokesperson who is a former race relations commissioner (Rajen Prasad) so far down the list that he doesn’t get a ranking; and a Māori Affairs spokesperson — and former minister — Parekura Horomia, also unranked. Labour is perilously short on brown faces, with none in the top five and one — Shane Jones — in the top 10, and him only recently returned from purgatory. Morgan Jack McDonald has some advice on this topic.

The hard truth is that Labour isn’t in a position to criticise the government on race relations issues. This is due to their internal failures of strategy, not due to exigencies forced upon them. For all that the appointment of Dame Susan Devoy to Race Relations Commissioner is terrible, the Key government has done a lot more than expected in other areas of race relations, particularly with regard to progressing Treaty settlements. That gives them cover. They’ve gotten away with worse than this appointment, and they’ll keep getting away with it as long as the major party of opposition lets them.

L

(Thanks to James Macbeth Dann for drawing my attention to Dame Susan’s column, which was plucked from obscurity by Coley Tangerina.)

El Chavismo sin Chavez.

datePosted on 12:23, March 6th, 2013 by Pablo

I am sure that there will be plenty of eulogies, some fawning and some harsh, for Hugo Chavez. Since I spent a good part of my academic career writing about Latin American politics, to include the nature of national populists such as Chavez and a bit about his regime itself, I am well aware of his shortcomings and strengths. It is in the nature of national populism to be redistributive, mass mobilizational and increasingly authoritarian. As a left-wing variant, the Chavez regime was all of those things, and the fact that the US supported the 2002 coup against him only cemented the increasingly authoritarian direction of the regime. But his authoritarianism was mass rather than elite-based, and it was this mass support that carried him through three terms and four elections. He was no tin pot despot. His rule was a bit more complicated than that of, say, Robert Mugabe, who took a popular national independence movement and turned it into an armed clan-based kleptocracy.

The Achilles heel of national populism is the personalist nature of executive rule. Peron, Vargas, Cardenas and Chavez–all increasingly concentrated power in their own hands, thereby removing institutional checks and balances as well as clear lines of authority and succession. That could be the undoing of the Boliviarian experiment.

After the 2002 coup Chavez purged the military and civilian state bureaucracy of professionals and populated the upper ranks with acolytes. This decreased the efficiency and capabilities of state agencies, both armed and unarmed. He increasingly relied on Cubans for behind the scenes leadership of his internal security services, including his personal bodyguards. He played divide and conquer with his parliamentary counterparts at the same time that he re-jigged the constitution to increase the length of his presidential terms as well as the electoral prospects of his political party. He populated the judiciary with supporters and increasingly restricted freedoms of public expression and the press. He trained and armed supporter militias organized along the lines of the Cuban Auto-Defense Committees. Some of these have been accused of intimidating and assaulting members of the political opposition.

He used inclusionary state corporatist mechanisms of interest group administration that bestowed favor and patronage on supportive groups and excluded or punished non-supportive groups (which thereby polarized civil society organizations). This allowed for top-down direction of the thrust of state policy and funding directed at civil society, but it also gradually surpressed independent and autonomous expressions of grassroots interest.

All of this was justified on the grounds that he faced a disloyal opposition aided and abetted by hostile foreign powers, the US in particular. Although there is an element of paranoia in those claims, there is also a large grain of truth to them. The hard fact is that just the appearance of socialist inclinations on Chavez’s part sent the US into knee-jerk opposition, something that was particularly acute under the Bush 43 administration and was not undone once Obama was elected.

Chavez did much good for Venezuela, particularly in the fields of health, education, welfare and community organization. During his time in power infant mortality rates dropped and literacy rates increased dramatically. The percentage of Venezuelans living in poverty dropped from 50 percent to below 30 percent in ten years. Rural hospitals and schools were built where there previously were none. His regime kept the price of domestic petrol cheap (as it could as a major oil-producing and refining nation), which allowed the poorest segments of the population to weather rises in the price of imported commodities.

In spite of the claims of his detractors, he won four elections handily and relatively cleanly in the eyes of most international election observers. His tenure marks a major historical moment in Venezuelan life, and his legacy will be indelible on it. Whatever his authoritarian tendencies, he was no Pinochet or Somoza. Although his regime selectively repressed the opposition, it did not systematically torture or kill. Nor did it expropriate all private wealth, although it did seek to raises upper-income taxes, nationalize some strategic assets and prevent capital flight via financial controls. Needless to say, this earned him the emnity of Venezuelan elites and their foreign supporters.

He was a close ally of the Cuban regime, but given the common hostility of the US, that was born as much out of necessity than it was out of ideological affinity (truth be told, Raul Castro always thought of Chavez as a buffoon but Fidel was flattered by his attention and both were grateful for his cheap oil supplies. The Cubans worried that he would provoke a confrontation with the US that would suck them in and destabilize them).

He expanded Venezuela’s diplomatic, economic and military relations (towards China, Russia and Iran in particular, but also with other Latin American states) so as to counter-balance the traditional US-focused obsequiousness of his predecessors. He was the motor force behind the solidarity market Latin American trade bloc known as the Boliviarian Alliance for the Americas (ALBA), which among other things rejected IMF and World Bank financial prescriptions. He had  significant Latin American popular and governmental support, which was mirrored in international media coverage.

He is alleged to have cultivated relations with Hezbollah and the Iranian Revolutionary Guard.

He presided over the deterioration of Venezuela’s core infrastructure, to include its oil production facilities (in which foreign investment dried up in response to his nationalization policies), as well as a dramatic rise in violent crime (Caracas has one of the highest murder rates in the world). He did not stop corruption but merely shifted it in favor of those who wear red berets. Venezuelan consumption of Scotch whisky, already the highest in the world when he assumed power in 1999, increased steadily from then on. He was unable to curb the Venezuelan obsession with female plastic surgery and beauty queens. So not all is well in the Boliviarian Republic. I shall leave it for others to debate the trade-offs involved and the pros and cons of his regime.

On balance, in the Latin American scheme of things Hugo Chavez was a relatively moderate caudillo (strongman) with a staunch independent and redistributive streak and majority popular support until the end.

The real problem at the moment is that his movement has no natural leader to succeed him. Moreover, he was the ideological glue of the regime: it was his vision, his praxis, the drew the course of events. With him gone the ideological basis of the regime is subject to interpretation by contending personalities and factions within the Boliviarian movement. His designated Vice President, Nicolas Maduro, has no independent power base, much less broad support within the Party. He has a serious rival in Diosdado Cabello, a former Army colleague of Chavez’s who is the head of the National Assembly. Cabello has support within the military, whereas Maudro’s support comes from within the union movement and public bureaucracy. Yet neither is visibly stronger than the other, so the backroom maneuvering and in-fighting has begun in earnest (and in fact began when Chavez returned to Cuba for surgery last December).

To this can be added the opposition, which rallied around the figure of Henrique Caprilles Radonski in the October 2012 elections that saw Chavez elected for the fourth time. A presidential election is supposed to be held 30 days  after the public announcement of Chavez’s death (March 5). Riding a wave of grief, unity and solidarity, Maduro is the favorite to win that election if he is a candidate. It will be interesting to see if Maduro can maintain his grip on power before or after the elections in the absence of support for his mandate, however electorally affirmed. One thing is certain: Maduro is no Chavez, and everyone knows that.

Caprilles might not run in the immediate elections so as to delegitimize them and allow the Boliviarian in-fighting to proceed unimpeded and without a common political enemy to focus on. Whatever happens over the short-term, the bigger question is whether the Boliviarian experiment can outlive its creator. Can there be Chavismo without Chavez? Given the dynamics at play within and without the Boliviarian regime, the odds are not entirely favorable.

For the time being we will be treated to the grand spectacle of a Venezuelan state funeral, where the streets will be awash in red and the dignitaries will include a who’s who of US adversaries and critics, Hollywood leftists and very few heads of state from the developed capitalist world. As for Chavez–will his afterlife smell of sulphur or of something more pleasant?

Maori Socialism versus Maori Capitalism?

datePosted on 13:18, February 6th, 2013 by Pablo

Woe be it for me to venture into the minefield of Maori politics on Waitangi Day. Yet the ructions around “Escortgate” at Te Tii Marae got me to thinking that perhaps there is more to the story than arguments within Ngapuhi and the inevitable displays of division that seem to mark the yearly event. At risk of stating the obvious, it is not just about different forms of identity politics.

Instead, what may be on display is the fundamental conflict between what might be called maori socialism and maori capitalism. By that I mean maori identity superimposed on a class base. Maori socialism is a view that is working class and lumpenproletarian in perspective, while Maori capitalism is propertied and bourgeois in orientation. The Hareweras and the Mana Party are a good examples of the former while the Maori Party and entities such as the so-called “Brown Table,” to say nothing of numerous trusts and boards, constitute examples of the latter. The conflict between them is not so much rooted in personalities, iwi and hapu (although there is clearly a strong element of that), but in fundamental differences in economic perspective and the proper approach to the Pakeha-dominated socio-economic and political status quo.

To be clear, I am not referring in this instance to pure forms of socialist or capitalist thought. Communal and egalitarian beliefs are as strongly represented in maori economics and society as are ownership and hierarchy. In the realm of Maori politics it seems that hybrid approaches rooted in one or the other ideological perspective have come to dominate political discourse. But the broad division between “Left” and “Right” seem fairly distinct.

The “militant” (although it is not truly that), “socialist” (although it is also not really that) approach is to largely reject the Pakeha rules of the game as given while working on what generously can be called a war of position strategy: raising consciousness amongst subaltern groups within whom lower class maori constitute the core around which issues of praxis are addressed. In this strategy alliances with Pakeha leftists are feasible because the ideological line vis a vis the common class enemy is roughly the same.

The “moderate” (phrased nicely) capitalist approach is one of pragmatic accommodation and incremental gains within the elite system as given. Alliance with Pakeha elites is possible given the division of potential spoils available in a system constructed by and for elites, but which increasingly has the potential to be colour and ethnicity-blind. Here the strategy is also one of a war of position, but in this case from within rather than from without.

Needless to say, there is some blurring between the two (e.g. Mana plays within the institutional rules of the political system and the Maori Party is not averse to relying on extra-institutional means of getting their point across). There are also significant agent-principal problems on both sides.

Even so, it seems that the main source of conflict within maoridom is grounded in class orientation and its corresponding strategic approach as much if not more than anything else. Put vulgarly in leftist terms, it is a conflict between the staunch and the sell-outs. Put bluntly in capitalist terms, it is a conflict between losers and realists.

From a practical standpoint, the underlying class differences are more difficult to resolve than other aspects of maori identity. It is in the Pakeha elite interest to keep things so.

Given my ignorance of Maori politics I could be wrong. I defer to Lew, Anita and more informed readers in any event. My intent is not to stir.  Instead, this post is written as an inquiry rather than a statement. Your views on the issue are therefore welcome.

Blog Link: Deconstructing New Zealand Foreign Policy.

datePosted on 17:04, August 1st, 2012 by Pablo

A recent canvass of members of the diplomatic community resident in Wellington had as a common theme the apparent incoherence of contemporary New Zealand foreign policy. That prompted me to attempt to deconstruct the major features of New Zealand foreign policy during the last three decades and to offer some explanations as to why they no longer hold in the measure that they once did. You can find the explanation here.

In Hellas, out with the new and in with the old.

datePosted on 17:55, June 20th, 2012 by Pablo

The outcome of the latest Greek election is not surprising. When faced with uncertainty and dire predictions of collective and individual doom in the event that radical change occurs, voters often tend to go with the status quo or what is already in place. Confronted with the “valley of transition” to an unknown future, voters rationally calculate that their interests are best served by staying with what is known rather than leap into the unknown. Add to that the orchestrated litany of woes predicted by bankers, capitalist-oriented politicians, and lender nations, who pretty much predicted the end of the world as we know it if Greece were to default on its debts and withdraw from the Eurozone currency market, and it is easy to see why a plurality of Greeks decided to stay with the hand that they have been dealt with.

The trouble is that hand, in the form of a New Democracy/PASOK coalition (the so-called “bailout coalition”) is exactly the hand that got Greece into the debt crisis in the first place. It was first New Democracy, then PASOK governments that set new records of corruption, clientalism, patronage and nepotism while running up the public debt on state-centered labor absorption and entitlement projects that did nothing for productivity or the revitalization of the Greek private sector (which remains fragmented and dominated by oligarchic interests in the few globally viable Greek industries such as shipping). It is to this pro-Euro political cabal that the responsibility for “rescuing” Greece is entrusted. That is not going to happen.

True, the terms of the bailout will be relaxed even further now that a pro-Euro government can be formed. That much is clear given that Andrea Merkel has hinted that the repayment terms can be “softened.” The hard truth is that repayment can be softened because what is being repaid in Greece is the compound interest on the foreign loans. The logic is that of the credit card: the issuer of the card would prefer for users to not pay off their total debt on a monthly basis and instead accumulate interest-accruing cumulative debt while paying off less than the total owed. If the user reachers a credit limit with interest debt accruing, the limit is raised. If the user defaults on the debt after a series of credit limit raises, measures are taken to seize assets of worth comparable to the outstanding amount.

States are different than individual credit card users because as sovereign entities they can avoid asset seizure on home soil even while bankrupt. As Argentina proved in 2000, they can default and renegotiate the terms of debt repayment according to local conditions (after Argentina defaulted on its foreign debts it was eventually able to negotiate a repayment to creditors of US 36 cents on every dollar owed. The creditors took the deal, then began lending again, albeit more cautiously. The devalued Argentine peso sparked an export boom of agricultural commodities that led to post-default growth rates unseen for 50 years). The short-term impact of default can be painful (witness the run on Greek banks as people try to cash in and export Euros), but measures can be taken to curtail capital flight and to mitigate the deleterious effects of moving to a devalued currency (the Argentines did this by placing stringent limits on currency transfers abroad in the first months after they de-coupled the Argentine peso from the US dollar while at the same time issuing interest-bearing government bonds to dollar holders in the amount valid at the exchange rate of the day before the de-coupling). Greece has not adopted any of these measures as of yet, but that is because a pro-Euro caretaker government, as well as the PASOK government that preceded it, wanted to heighten the sense of doom should an anti-Euro coalition look to be winning majority support.

That scenario emerged in the form of Syriza. Although it is formally known as the Coalition of the Radical Left it is anything but “radical” (no matter how many times the corporate media tries to emphasize that point). Instead, it is a coalition of Socialists, Social Democrats, Greens, Trotskyites, Maoists and independents not associated with the Greek Communist Party (KKE). It has an agenda that includes a possible default, and will now be the largest opposition bloc in the Greek parliament. Contrary to the perception that it came out of nowhere in this year’s elections, Syriza has been steadily building a popular voting base since 2004, increasing its electoral percentage significantly in 2007, 2009 and May 2012. Although it has had splits and defections (which are endemic in Greek politics, particularly on the Left), Syriza was the second largest vote-getter in the May 2012 elections and its margin of loss to New Democracy in the second-round elections held last weekend is less than it was in May. The bailout coalition may have a narrow majority, but Syriza and other Left minority parties will prove to be a formidable parliamentary obstacle to the implementation of  its pro-Euro agenda.

That is why the new Greek “bailout” government will not be successful even if it renegotiates the terms of the bailout along more favorable lines than in previous iterations. It will be forced to deal with the combined pressures of Syriza opposition in parliament and the angry–and I reckon increasingly violent–opposition of the non-parliamentary Left in the street. Greece has a long tradition of student and union militancy and urban guerrilla warfare. Even during the best of times militant groups have used irregular violence to make their points about Greek capitalism and its ties to Western imperialism. They have burned and they have killed (including a CIA station chief, a British embassy official and various Greek security officers) during the decades after the Colonel’s dictatorship fell in 1973. These militant strands have not gone away and instead have been reinforced as the debt crisis drags on and the impact of austerity measures take their toll on the average (and increasingly unemployed) wage-earner. With unemployment at 20 percent and youth unemployment at 50 percent, the recruitment pool for Greek militants has grown exponentially.

Some of this has been siphoned off my neo-fascist parties like Golden Dawn. But the bulk of popular rage has been channeled by the Left, divided into the institutional vehicles of Syriza and the KKE (and various off-shoots), and the direct action, non-institutionalized vehicles comprised by the likes of Revolutionary Sect (who favor political assassinations) or Conspiracy of Fire Nuclei (who appropriately enough favor arson), that follow a long line of militant groups with a penchant for violence such as the N-17 and Revolutionary Struggle (and may in fact include former members of the latter), to say nothing of various anarchist cells.

These militant groups are not going stay quiet. Instead, I foresee a rising and relentless tide of irregular violence coupled with acts of passive resistance and civil disobedience so long as the political elite continues to play by the Euro rules of the  game. Every Greek knows that the solution to the crisis is political rather than economic because the bankers have made more than enough profit on their loans and it is now time for them to draw down or write off the remaining interest owed. A softened bailout package only goes halfway towards easing the collective burden of debt, and the continued imposition of fiscal austerity deepens the stresses on Greek society (urban crime has ramped up significantly this year, and it already was pretty bad when I lived in Athens in 2010). Instead of continuing to cater to banks, the political decision palatable to most (non-elite) Greeks is not a softened bailout package, now into its fourth iteration. It is a complete re-structuring, with or without default, of the economic apparatus so that national rather than foreign interests prevail on matters of employment, income and production. This may require a retrenchment and drop in standards of living over the short-term, but it at least gives Greeks a voice in the economic decisions that heretofore and presently are made by Euro-focused elites more attuned to the preferences and interests of European finance capital than they are to those of their own people.

If there is a domino effect in other countries in the event that Greece eventually (I would say inevitably) defaults, then so be it simply because that is the risk that bankers and their host governments assumed when they lent to PASOK and New Democracy governments in the past. Perhaps it is time for bankers to pay the piper as well. After all, although their profit margins may fall as a result of the Greek default, they have already insured against the eventuality (the write-off of Greek debt by large financial institutions in the US, UK and Europe is the story that never gets mentioned by the corporate media). Moreover, and most importantly, the banks can accept the default and take their losses on projected interest as a means of keeping Greece in the Eurozone market, thereby avoiding the contagion effect so widely predicted at the moment. Default does not have to mean leaving the Euro currency market. Greece can default and stay in the Eurozone so long as the banks accept that it is in their long-term interest to shoulder the diminished profits (not real losses) that a default will bring.

Again, the economic decisions about Greece had already been made by the European banks, and they are now simply waiting, while claiming gloom and doom, for the political decision to terminate their interest-based revenue streams. The PASOK/New Democracy bailout coalition only delays that political inevitability, and Syriza and the militant Left will ensure that the next bailout is just another stopgap on the road to default and regeneration along more sustainable lines.

Whatever happens, it looks to be another long hot summer in the Peloponnese. Expect a lot of wildfires.

The Crown Gets Its Pound of Flesh.

datePosted on 17:27, May 24th, 2012 by Pablo

I am surprised by the jail sentences handed down to Tame Iti and Te Rangikaiwhiria Kemara in the Urewera 4 case. I had expected substantial fines and at most community service sentences for all of the defendants. The same day the Urewera 4 were sentenced a doctor was fined $1000 for firing a crossbow at a tree 3 meters from a tent of sleeping children at a DOC camp site, so it seemed reasonable to me that people who discharged firearms in the vicinity of no one other than themselves would receive sentences in line with the good doctor’s. But, as it turns out, the Judge in the Urewera 4 case had a different line of reasoning, and it is worrisome.

Even though the Urewera 4 were not found guilty on criminal conspiracy charges, the judge who sentenced them, Rodney Hansen, repeatedly referred to them as if they had been. He spoke of an armed militia with leaders and followers, and he mentioned molotov cocktails–the possession and use of which they were not convicted of–as proof of something sinister going on the outskirts of Ruatoki. But the sentences were supposed to be for violations of the Firearms Act alone–six in the case of Iti, Kemara and Emily Bailey and five in the case of Urs Singer. So why did the judge bring in a line of reasoning at sentencing that is more appropriate to a guilty verdict of criminal conspiracy, and why the relatively harsh penalties for violations that, quite frankly, are fairly routine in some sectors of New Zealand society? In fact, the sentences do not distinguish between the types of firearms used by different individuals, so that those who handled a sawn off shotgun were treated the same as those who handled a bolt action .22. Bringing up the subject of molotovs, militias, purported bombing (but not bus-flinging) plans at sentences for Firearms Act violations is irrelevant and prejudicial.

Lew and I have written previously at some length about the discrepancy between this prosecution and the seemingly blind eye the Police and Courts cast on very similar bush antics by right-wing extremists who make no secret of their hatred for assorted ethnic and religious groups and who have proven histories of violence against those they hate. I shall therefore not repeat what we have said. But what I can say is that these sentences confirm to me that this Crown prosecution was about punishment and deterrence, not justice. One way or another the Crown was going to extract its pound of flesh from at least some of the original defendants, a process that not only involved lengthy delays in providing the defendants with their day in court (by over four years) and the admission of illegally obtained evidence,  but which also is designed to serve as a warning to others who might be of similar ideological persuasion and direct action mindset. As I have said before, the process was the punishment for the original 18, and these sentences are the final act in that process. It has not been fair, it has not been just, and other than assuage the primordial fears of conservative Pakeha such as Louis Crimp, the National Front and the closet Klansmen that inhabit the right-wing blogosphere, it does nothing to advance respect for the law and the concept of equal treatment for all.

Given that the sentences for Iti and Kemara appear to be disproportionate to the crimes committed, and that the judge’s reasoning was at least in part based upon tangentials that should not have been admitted at the sentencing phase, I would hope that they will be appealed and eventually reversed. Otherwise the conclusion to Operation 8 looks like another case of Pakeha utu on people who dare speak truth to power in unconventional, theatrical and ultimately silly ways.

 

ACT and National Front to announce merger.

datePosted on 12:19, May 19th, 2012 by Pablo

That is about all I can figure after reading this about Louis Crimp, Act’s largest individual donor in the 2011 election. The line about Invercargill is priceless but there are several other gems as well. Mr. Crimp appears to be getting PR advice from Kyle Chapman or Jim Beam, so why keep up the pretense any more and not just announce the merger of the two white rights movements?  Better yet, once John Banks gets the inevitable boot from parliament, perhaps the AKKKT Party can dip into some of that NF talent pool for a replacement.

AKKKT–a political cough in the larger scheme of things, but a full throated sputum of the NZ Right.

Labour’s new Tui Ad.

datePosted on 18:35, March 25th, 2012 by Pablo

Former Police Minister Annette King says that she and her cabinet colleagues were not informed about Operation 8 until the night before the dawn raids. She says this after stating that the Solicitor General advised the Police at the time to charge those arrested under the Terrorism Suppression Act, only to change his mind after the raids were completed.

Annette King expects us to believe that she, as Police Minister, had no clue about a police operation that was going to invoke the TSA for the first time, not against foreign terrorists but against a collection of well-known domestic dissidents with long histories with the Police. She expects us to believe that Helen Clark, the micromanaging, all-knowing Prime Minister and Minister for Intelligence and Security, had no clue about Operation 8 even though the TSA was used to justify the electronic surveillance of the suspects a year before the raids, that SIS assets were used to that end, and that the raids would be carried out on Tuhoe land as well as in cities (a delicate political issue, to say the least). She expects us to believe that Phil Goff, the Defense Minister, was clueless about the operation even though, as the foremost counter-terrorism unit in the country, the NZSAS could be called into action should the situation warrant (which would require some advance notice). She expects us to believe that the Combined Threat Assessment Group (CTAG) was not involved in the build up to the raids, or if it was, that this inter-agency task force did not inform any senior government minister until the night before the doors were kicked down. She wants us to believe that then-Police Commissioner Howard Broad, well known for his ties to the the Prime Minister, did not utter a word about who was targeted and why until less than 12 hours before the cops rolled.

She would like us to believe that with the possible exception of the PM, no one in the 5th Labour government was aware of Operation 8 until October 14, 2007. This, even though multiple agencies were involved and the lead-up  to the raids was over a year in the making.

Yeah Right.

 

 

Theater of the Absurd.

datePosted on 08:05, March 14th, 2012 by Pablo

Is there something in the water that trial lawyers drink?

First the prosecution claims that the Urewera Four and their merry band of role-playing wanna-be commandos were in the bush training for urban guerrilla warfare and posed an imminent threat to New Zealand’s peace and tranquility. The defense answers that all the gun play was just a wanaga exercise designed to train people for private security jobs so that they could move off the dole (even though all of the original defendants were well-known Left activists of various stripes, and several had jobs). Then Tame Iti’s lawyer sums up his defense by claiming that Iti is comparable to Nelson Mandela in the historical scheme of things. WTF?

Are these lawyers high? Is there something about the High Court that brings out the hyperbole in barristers? Do they think that juries are idiots? Or do they think that by offering up a mountain of bluster that the jury will not differentiate between smoke and fire? One thing is clear–the lawyers in this case clearly have Ph.D.s in argumentation: they Pile it High and Deep.

The sad fact is that after more than a million tax-payer dollars have been spent on punitively prosecuting some deluded and/or foolish people for acts that are otherwise commonplace in rural New Zealand, acts that happen on a weekly basis, we have been saddled with a four year court process ending in a trial in which both sides make patently absurd claims to bolster their respective cases.

Whatever the outcome of the trial, if this is the state of the art when it comes to criminal prosecutions and defense, then New Zealand is being very poorly served. And having to pay for that poor service is as galling as having the case go to court in the first place.

 

Exaggeration as a prosecution strategy.

datePosted on 10:33, February 20th, 2012 by Pablo

Judging from the media coverage of the Urewera 4 trial, including video and audio evidence given by the Crown to the press, the prosecutorial strategy is quite clear. It consists of three interwoven strands that together offer a narrative about politically-motivated armed criminal conspiracy. The first is to say that the activities depicted in the evidence were serious military-style (paramilitary) training. The second is to characterize the exercises as, in the words of the Crown Prosecutor, “training for…guerrilla warfare,” something that implies a target and an objective. The third is to claim that this training constituted a clear and present danger to the New Zealand public, or at least to the political elite who the defendants in the alleged conspiracy commonly oppose. Although the usual sub judice protocols are said to be in place, selective  leaking of the video and audio tapes (whose legality is in dispute) helps the Crown backdrop its case, in a form of trial by media in which there is no right to rebuttal. The release of the audio and video evidence was done for prejudicial reasons, not because the Crown had to.

The problem for the Crown is that the video and audio evidence covertly collected by the Police suggest something less than dangerous proficiency on the part of Tame Iti and his activist comrades. There is no doubt that the camps had a paramilitary flavor to them. So do hunting camps, paintball competitions, male-bonding sessions and survivalist exercises. More tellingly, the video shows rank amateurism and indifferent commitment by the people involved.  As an example, Omar Hamed, an original defendant who is not on trial, is seen in close up video coverage looking like an excited 12 year old with his first rabbit hunting.22 (which was the actual weapon he was holding) as he stares directly but obliviously at a surveillance camera a meter away (which suggests a lack of situational awareness given that the Police claim that Mr. Iti repeatedly warned his activist colleagues to beware of “eyes and ears” on their activities). His pea shooter may or may not have been loaded. Mr Iti’s concerns, as it turns out, were justified.

In the video some people march purposefully and some shuffle listlessly and mill about while others converse and apparently shoot at unspecified targets. Some give instructions. Some wear balaclavas. A car bonnet is used to prop up a shot. There is rudimentary martial arts training seen in the video, but it is farcical given the skills of the people involved (in a creepy sidebar with relevance to this aspect, it is suggested in some quarters that Mr. Hamed is more dangerous to activist Left women than he is to the status quo). Audio of cluster fire (cluster fire is the overlapping of multiple shots from several weapons in order to saturate a target area) does not identify who was doing it or what they were shooting at, and the presence of spent cartridges under a pock-marked tree tells little in light of the amount of hunting that occurs in the Ureweras.

Frankly, I would be more concerned if the videos showed the activists on a boar hunt, slitting the throats of piglets while yelling “death to imperialism!” The activities shown are far from that and much more about make believe. From what I have seen, the NZ public have little to worry about from this crowd.

As I have said before, it is not a good look for anti-war, Maori and environmental activists to be playing at commando. But it is not a crime to do so–many other people do–so the prosecution’s case is built on a grand exaggeration. It attempts to show a level of competence, organization and training focus to the paramilitary exercises that simply was not there. If anything, the video evidence is an embarrassment to those in them, whether or not they had a political motive for being at the camps. That is curious because neo-Nazi groups do the same type of “training” with a better (yet pathetic) level of competence and a definite, publicly stated political goal of preparing for racial conflict, yet somehow have avoided being the subject of a Ruatoki-style Police response and four year Crown prosecution.

The Crown exaggerates its case not only to secure convictions but also to smear and deter. Mentioning the phrase “guerrilla warfare” indirectly introduces the word terrorism into the juries’ minds. By overlapping the two concepts the prosecution smears a certain type of Left activism with the dreaded “T” word. Even those not on trial–we should remember that all charges were dropped against  13 defendants–are tainted by their association with that word even though no formal charges of terrorism have been laid against any of them. The purpose of raising the specter of guerrillas in our midst is clearly to smear the defendants, but also to deter others on the Left who might wish to add paramilitary skills to their activist inventory.

The Crown imputes coherent motive to the defendants when it speaks of guerrilla warfare. It claims that it has evidence of such. But even if a common motive was established (perhaps hatred of “Da Man”), the inference is that this motive was focused on preparing to use armed violence against specific targets in pursuit of a unified goal. That is a stretch, not only because of the varied causes that the original group of defendants espoused, but also because of the clearly different levels of enthusiasm and combat skills they exhibit, none of which come remotely close to credible guerrilla organization and tactics.

Thus, from what the press coverage has been so far, the Crown prosecution of the Urewera 4 is much ado about nothing. The process is the punishment, because after four plus years of uncertainty, expense and de facto restrictions on their movements (some of the original defendants have been refused entry to foreign countries, which means that their names are on an international security list very likely provided by the NZ authorities), those on trial today, their Urewera colleagues and others on the activist Left (since the neo-Nazi Right appears to be immune) will think twice about making like Warriors even if this trial results in acquittals (the most likely case for conviction will be firearms law violations). Regardless of the outcome of the trial, in that regard the Crown prosecutors and the Labour and National governments that have overseen them will have won. Engaging in procedural delays, legal manipulation of charges and prosecutorial exaggeration is a successful Crown strategy regardless of the formal outcome.

That is the most troubling aspect of the entire affair. By stretching the definition of what constitutes a serious threat of domestic guerrilla warfare in order to prosecute a well-known group of Left-leaning fantasists (who may or may not have had wanna-be militant ambitions), in what appears to be a specifically targeted vendetta, the Crown has played loose with the basic rules of democratic jurisprudence. In doing so fairness and justice in the legal system has been sacrificed at the alter of political opportunity, which is a far worse outcome than the individual fates of the accused.

There may be new and alarming revelations to come that would substantiate the Crown’s case against the Urewera 4. But from where I sit, using what is currently in the public domain, this appears to be a prosecution based on malice, not facts.

 

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