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Like a sexual addict, New Zealand has a dark obsession with free trade. The obsession may speak to a larger issue rather than the value of trade per se. That issue may be the pathology of NZ political-economic elites fantasising about trade benefits rather than the real benefits to their constituents.

 Whatever the case, the number of free trade agreements (FTAs) NZ has negotiated is high for a small democracy (9–bilaterals with the PRC, Australia,  Malaysia, Thailand,  Singapore and South Korea, multilaterals with the Transpacific Partnership (P4) with Brunei, Chile and Singapore, and with ASEAN/Australia, as well as a regional agreement with the Gulf Cooperation Council (GCC) grouping several Arabian peninsular states). It has negotiations underway with India and Hong Kong  (bilaterally), on the Anti-Counterfeiting Trade Agreement (ACTA),  and with Australia, the US, Vietnam and Peru on joining the P4 in an expanded TPP. Further FTA negotiations with ASEAN and other partners are ongoing. NZ is an ardent champion of the virtues of free (unprotected) trade and open commercial borders in international fora such as the WTO.  In other words, if this were a sex survey, New Zealand is  promiscuous in its  approach to free trade.

To further the analogy, the pursuit of free trade under the National government is the macroeconomic equivalent of cruising for sex. It focuses on the immediate satisfaction of new market penetration and commodity exchange rather than on the potentially negative consequences of the liaison. Phrased politely as foreign market opening and reciprocal investment, the thrust of NZ’s FTAs gives much less regard to the “after-entry” (or “morning after”) consequences of sequentially engaging multiple partners with different strategic objectives born of varying cultural backgrounds, governance, resource bases and historical legacies. There is, in a word, a lack of prophylaxis when it comes to NZ’s approach to free trade.

FTAs are essentially tariff reduction, currency, investment and border control agreements. They are commonly referred to as “market opening” pacts. The focus is on the conditions and terms of entry. Although consensual, oftentimes these are largely determined by the interests of larger, dominant partners, particularly in bilateral agreements. But multilateral FTAs are like group sex–there is more room for individual manuever within the general rules of engagement, but the group dynamic may force the weaker partners to submit to advances that they may normally prefer to avoid (to bring things back to the subject, such as on issues like unorganised child or wimin’s labour, or open pit mining in conservation zones).

In either event, less concern  is placed in the rush to secure new FTAs on the environmental, labor market, gender, immigration, indigenous and security implications of trade opening. These are considered to be secondary consequences that are best dealt with based upon local market conditions.  It is the terms of the initial engagement that matters, not the morning-after effects.

This is what makes the indiscriminate New Zealand approach to free trade all the more alarming. Of  its new partners, many are authoritarian and most are bigger in size, with larger and more variegated economies of scale. The terms of NZ’s engagement with such partners, while legally equal, often leave it in a subordinate position where it is forced to accept practices that are unacceptable or contrary to community standards at home. In fact, if the analogy holds, then many of the NZ’s trade partners should have name suppression, if only becauseof their authoritarianism and systematic abuse of human rights at home.

Nor is NZs penetration of foreign markets pain-free. As Fonterra has learned, after-entry issues in foreign markets such as product quality control are not inconsequential. In fact, as far as the brand is concerned, the after-entry consequences of rapid market opening can often be devastating.

It is not just the brand that can be damaged by the rush to market opening.  Scholars have already begun to point to the negative consequences for the environment, indigenious groups, and labour rights when FTAs are negotiated without regard to after-entry consequences. I am currently working on a book chapter that highlights the security implications of the above-mentioned expanded TPP, to include its criminal and military-strategic and intelligence flow-on effects. 

For NZ, the longer term situation is not good. For example, even though NZ has opened its borders to increased aviation and martime-borne tourism, it has not increased the number of MAF or Customs dog-handlers to handle the increased volumes of tourist traffic in places such as Rotorua, Tauranga and Opua (all of the environmental security and drugs searchers have to be driven from Auckland) even though the volume of imported commercial goods has increased exponentiallyas well. This leaves gaping holes in bio-security as well as in narcotics interdiction in commercial ports of entry (think of an increase of thousands of containers worth of commercial goods entering NZ per year without the ability to scrutinise even a quarter of them). Nor have Police, Immigration or Customs resources been increased with an eye towards countering organized crime using newly opened trade borders as conduits for a bit of market penetration of their own (note recent reports of Chinese students serving as drug couriers–the PRC is the main source of the precursor chemicals for the manufacture of P). In addition, lax financial regulations and corporate registration laws contribute to making NZ an increasingly attractive destination  for money laundering ventures and business fronts originating in Asia. Again, no thought has apprently been given to these types of issues when FTAs are negotiated. 

In spite of the clear dangers of unprotected free trade, here defined as FTAs without negotiated after-entry provisos, the National government, Labour, and most minor parties believe in the mantra that the rising tide of free trade raises all economic boats. But, to continue the physical analogy, such an unprotected surge of free trade also brings with it potentially unhealthy (some might say deviant)  after-entry consequences when it comes to the socio-economic fabric of NZ society. That is why prophylaxis is necessary at the point of negotiations, not later.

John Key and Tim Groser may think of themselves as “players” on the world trading scene,  but they may be cruising for commercial love in all the wrong places, at least in terms of their choice of partners and neglect of morning- after effects.  Ill-conceived and lacking in consideration of longer-term impact beyond short-term aggregate growth, such an approach downplays overall societal welfare in favour of commerical and political elite satisfaction.  That may be exciting for the latter, but like victims of a night on the town gone wrong, it has the potential to leave the NZ political economy battered, brusied, postrate, supine and hopeless in the face of the manipulations of trade partners who seemed nice at first and promised many things, but whose subsequent behaviour proved less noble.

PS: remember, this post is about the potential negative effects of free trade. I realise that the cruising/unprotected sex analogy is a bit over the top, but I could not resist given how postively orgasmic the Key government waxes about free trade (sorry!).

PPS: In Wellington now. Went from 26 degrees and 99% humidity in AK to horizontal drizzle and wind at 15 degrees. Not quite dressed for it coming from my SE Asian redoubt. Looking forward to meeting Lew and (hopefully) seeing Anita again.

A Note on Progressive Praxis in Aotearoa

datePosted on 18:15, December 12th, 2009 by Pablo

The recent debates engaged here and elsewhere on the “proper” course to be taken by NZ Left/progressive politics has given me pause to think about the larger issue of Left/progressive praxis in a country such as this. I am on record as defending the class line-first approach, whereas Lew has quite eloquently expressed the primacy of identity politics (and, it should be noted, I am not as hostile to Lew’s line of thought as some of his other critics). But I do not think that the debate covered the entirety of the subject of Left/progressive praxis, and in fact may have detracted from it.  Thus what follows is a sketch of my view of how Left/progressive praxis needs to be pursued in Aotearoa.

First, let’s set the stage. NZ is dominated by market-driven ideologies. In its social, cultural, political and economic expression, capitalism is the primary and undisputed organising principle. Counter-ideological resistance can be found in all of these domains, but the supremacy of capitalism as a social construct is clear. Even so, when compared with the 1990s, this supremacy is not as unshakable. The global financial crisis, corporate greed, predatory lending, financial market manipulation and fraud, increasing income disparities, assorted mendacious acts of venality and corruption have all contributed to a decline in the ideological legitimacy of market-driven logics, including those espoused by its political representatives. That provides a window of opportunity for Left/progressives, even if their traditional sources of strength in the union movement are no longer capable of exercising decisive leadership of a counter-hegemonic sort. Hence the need for a different type of praxis.

The Left/progressive cause needs to be organized into two branches: a political branch and a social movement branch. In turn, each branch needs to be divided into militant and moderate wings. The political branch would encompass Left/progressive political parties such as the Greens and the Alliance as well as fringe parties willing to cooperate in a common venture such as the Communists, Socialist Workers and the like. Because Labour is no longer a genuine Left Party, its inclusion is problematic, but it is possible that its leftist cadres could be invited to participate. The idea is to form a genuine Left/progressive political coalition that serves as a political pressure group on the mainstream parties while offering real counter-hegemonic alternatives to voters in selected districts. One can envision a Left coalition banner running slates in targeted districts with strong subaltern/subordinate group demographics. The idea is to present a Left/progressive alternative to the status quo that, at a minimum, pressures Labour out of its complacency and conformity with the pro-market status quo. At a maximum it will siphon disaffected voters away from Labour and into a genuine Left/progressive political alternative. This may be hard to do, but it is not impossible if properly conceived and executed.

In parallel, the social movement branch should encompass the now somewhat disparate assortment of environmental, union, animal welfare, indigenous rights, GBLT rights and other advocacy groups under the banner of common cause and reciprocal solidarity. The unifying pledge would be that of mutual support and advocacy. It goes without saying that the political and social movement branches will have areas of overlap in the guise of individuals with feet in each camp, but their strategic goals will be different, as will be their tactics. But each would support the other: the social movement branch would endorse and actively Left/progressive candidates and policy platforms; the Left/progressive political branch would support the social movement causes. This mutual commitment would be the basis for formal ties between and within each branch. 

That brings up the moderate-militant wings. Each branch needs to have  both moderate and militant cadres if they are to be effective in pursuing a common agenda. The moderate wings are those that appear “reasonable” to bourgeois society, and who engage their politics within the institutional confines of the bourgeois state. The militant wings, on the other hand, are committed to direct action that transgresses established institutional boundaries and mores. Since this involves transgressing against criminal as civil law (even if non-violent civil disobedience such as the Plowshares action against the Echelon listening post in Blenheim), the use of small group/cell tactics rooted in autonomous decentralized acts and operational secrecy are paramount for survival and success.  The need for militancy is simple: it is a hedge against co-optation. Political and social militants keep their moderate brethren honest, which in turn allows the moderate wings to exploit the political space opened by militant direct action to pursue an incremental gains agenda in both spheres.

For this type of praxis to work, the key issues are those of organization and contingent compromise. Endongeonously, all interested parties in each branch will have to be capable of organizational unity, which means that principle/agent issues need to resolved in pursuit of coherent collective action, presumably in ways that forestall the emergence of the iron law of oligarchy that permits vanguardist tendencies to predominate. There are enough grassroots leaders and dedicated organisers already operating in the NZ milieu. The question is whether they can put aside their personal positions and parochial concerns in the interest of broader gains. That means that exogenously, these actors will need to find common ground for a unified platform that allows for reciprocal solidarity without the all-to-common ideological and tactical hair-splitting that is the bane of Left/progressive politics. The compromise between the political and social movement branches is contingent on their mutual support, but is designed to prevent co-optation of one by the other (such as what has traditionally tended to occur). If that can be achieved, then strategic unity between the political and social movement branches is possible, with strategic unity and tactical autonomy being the operational mantra for both moderate and militant wings.

On the face of things, all of this may sound quite simplistic and naive. After all it is only a sketch, and far be it for me, a non-citizen pontificating from my perch in authoritarian Asia, to tell Kiwi Left/progressives how to conduct their affairs. It may, in fact, be impossible to achieve given the disparate interests and personalities that would come into play, to say nothing of the resistance to such a project by the political status quo, Labour in particular. But the failures of Left/progressive praxis in NZ can be attributed just as much to its ideological and organizational disunity as it can be to the ideological supremacy and better organization of the Right. Moreover, Labour is in a position where it can no longer ignore groups that it has traditionally taken for granted, to include more militant union cadres who are fed up with being treated as corporate lapdogs and political eunuchs. Thus the time is ripe for a re-evaluation of Left/progressive strategy and action, particularly since the NACTIONAL agenda is now being fully exposed in all of its profit-driven, privatization-obsessed glory. Perhaps then, it is a time for a series of Left/Progressive summits in which all interested parties can attempt to forge a common strategy of action. It may take time to hash out such a platform, but the political rewards of such an effort could be significant. After all, la union hace la fuerza: with unity comes strength.

The problem with spurious comparisons.

datePosted on 19:56, December 2nd, 2009 by Pablo

Reading the 2025 Taskforce recommendations as another exercise in comparative fantasising, I got to wondering yet again about why the NZ obsession with Australia, and why the constant comparisons with it. Part of my wonderment stems from the fact that those such as myself who have been trained in comparative political methodology simply do not see a valid basis for a comparison between OZ and NZ other than a shared language and ties to the UK. But Nigeria, Jamaica, Hong Kong and India can also claim those two similarities and no one thinks to compare them with OZ or NZ–or even with each other. So what is it with NZ’s constant penis envy about the continent to its West?

OZ is a mineral rich continent with 5 times the population size and well over ten times the landmass of NZ. It was settled by convicts who led generations of colonialists on a murderous campaign of indigenous cultural extermination. It has an atrocious record on race relations and endemic corruption in government, unions and business. It has a substantial manufacturing  base that now outweighs primary good experts as the mainstay of the economy. It is far more diverse in its post WW2 immigration (which has contributed to some of its race problems), far more conservative politics, an aggressive foreign security policy, allows nuclear weapons to be stored on its soil, and near catastrophic environmental problems caused by draught, over-mining, over-grazing and the cultivation of water-intensive crops. Australians disproportionately excel in a range of sports from swimming to surfing to soccer, with a little cricket, rugby and league thrown in for good measure. It is a federal republic with a bicameral national legislature. It is an aspiring middle power that seeks to be the regional hegemon serving as the US deputy sheriff in the SW Pacific. It has kept a a large welfare infrastructure intact as a cushion against the dislocations of market-oriented macroeconomic reform. It has Russell Crowe and AC/DC.

NZ is an archipelago nation more than 800 kilometers from its nearest neighbor. It has abundant water, forest and pasture. It was settled by preachers and sailors, some of whom entered into the indigenous food chain before a negotiated settlement was reached with the original inhabitants. Its climate is temperate and its politics, until recently, largely tolerant. It is a unitary government with a single legislative chamber. It has a fairly good history of race relations (comparatively, if not absolutely), much less urbanization as a percentage of the total demographic, and its export-oriented economy continues to be rooted in primary good production. It has less first generation immigrants as a percentage of the population, an “independent” foreign policy, the non-nuclear posture and an admirable record of involvement in UN arms control and peacekeeping efforts. NZ has the All Blacks, the Silver Ferns, the All Whites, the Black Caps, the Black Socks, the Tall Blacks, the Black Ferns, Black Sticks and for all I know Blackbeard as well (oh, and more than a few exceptional triathletes and endurance racers). More people per capita in NZ have university degrees than their Ozzie counterparts. It has been a laboratory rat for neoliberal experimentation since the mid 1980s under a variety of governments. It had Russell Crowe and Crowded House.

The question is, given these obvious and glaring differences, why do NZ politicians, policy-makers and the public alike fixate on OZ? To be honest, the better contemporary comparisons for NZ are countries with similar population sizes, land masses and location in the global chain of production rather than colonial ties, primary language or past ethno-religious makeup. By that contemporary criteria, Uruguay, Costa Rica and other Central American republics, small European states like Belgium, Luxemburg, Switzerland, Estonia, Latvia and the Northern Tier states (among others), and even Sub-Saharan African countries like Botswana, could all serve as a better basis for comparison than OZ (and all of those mentioned are capitalist democracies). And, using that criteria, it is possible than NZ would have a better feeling about itself rather than the perennial sense of inferiority when it comes to Australia.

One way to compare NZ and OZ is to use one of the comparative  methods I alluded to earlier. A “most similar” method seeks to isolate independent variables that are similar, then explain differences in dependent variables by highlighting the causal implications of intervening variables. Conversely, “most different” comparisons select independent variables based on differences, then proceed down the chain of causality to explain similarities in the dependent variables. It would seem that when it comes to OZ, a most different criteria is the better choice, although it is clear that the most similar comparisons based on language and Anglo-Saxon colonial legacies have been the historical norm.

Less it not be obvious I am being a bit facetious/tongue-in-cheek here, mostly in an effort to stir some argument about why Kiwis continue the non-sensical habit of comparing themselves as a society and nation to a far different place that just happens to lie 2000 kilometers to the West. Why not just concentrate on getting the most out of THIS society given its very unique national attributes? Why attempt to emulate the policies of larger nations that do not share those attributes or the specific constraints of a small, heterogeneous, trade-dependent island democracy? After all, most experts agree that it is not the size of the brush that matters, but the talent of the artist wielding it. On that count, as well as the stupidity of the 2025 Taskforce comparisons with Australia, Don Brash is no Van Gogh, and NZ has no need to measure itself against Australia now or in 15 years. What it does need, and all too often does not get, is talent in government. And that is not a matter of size.

Plagarism and Double Standards.

datePosted on 19:07, November 21st, 2009 by Pablo

I was not going to post on the Witi Ihimaera plagarism scandal, having commented under my own name on another blog that covered the matter. But as I compare my summary dismissal for writing a rude email to an unqualified and underperforming student with the lack of even a cursory reprimand for his theft of intellectual property, and then find out that apparently it is not the first time that Mr. Ihimaera has appropriated someone else’s work as his own, I find myself wondering if indeed there is a double standard at play when it comes to our respective treatment by my former employer. Let me explain why, but first point to the one consistency in the handling of both cases.

The University has, as part of its collective contract with the union representing academic staff, a series of procedures and regulations that have to be followed before an academic staff member can be dismissed for serious misconduct. This includes receiving a formal complaint detailing the misconduct, attempting to mediate the matter using the offices of the Ombudsman, handling the matter within the department, issuing two formal written warnings before dismissal is sought…the requirements are pretty detailed and in fact were made even more so after my dismissal precisely because of the controversy surrounding it. Perhaps Mr. Ihimaera is not a member of the union so other procedures were followed, but that usually mitigates against favorable resolution for the employee.

In my case none of the internal procedures were honoured other than as a facade. No formal written complaint was ever made against me, but without getting my side of the story the Ombuds(person) immediately brought the issue to the attention of my department HOD, who without saying a word to me passed it on to the Dean, who after consulting with the student as to what should be done held a series of brief meetings with me and a union rep in which he shrugged off my apologies and assurances, ignored the fact I had no prior formal warnings, and sent me packing. In fact, he and his HR advisors attempted to use a couple of unrelated events from the past (an argument with a former HOD about managerial practices and an email disagreement with a colleague about a grad student who failed to attend a class) to argue that prior warnings had been given. Those were later found to be irrelevant by the ERA.

In Mr. Ihimaera’s case it appears that, upon hearing that news of the plagarism was about to go public, the University rapidly pushed through an “investigation” of the matter apparently involving his HOD, the new Dean of Arts (who was not the Dean the fired me) and Mr. Ihimaera. No disciplinary board with colleagues outside of the HoD and Dean was apparently convened. Mr. Itimaera  gave apologies and assurances, and the case was closed.

What is consistent in both cases is that the lengthy rules and procedures for handling discipline cases involving academics were circumvented, in his case favourably to him and in my case not. This galls me not because I think that Mr. Ihimaera should be fired–I do not, and think that both of us should have received a final written reprimand about our respective transgressions–but because the University argued that I was fired because of the damage I did to its reputation. This line of argument continued after the dismissal was found to be unjustified, then into the settlement agreement by which formal reinstatement meant no actual reinstatement. But what about my reputation? Not only did the leaked email wind up on the front page of the national newspaper and then went global, but the University did nothing to prevent its release or demand its withdrawal when a student newspaper under its authority first published it (even though leaking the email was a violation of the email policy under which I was ostensibly fired). Moreover, the University knew well what the impact of the dismissal would be. As the Dean who fired me said to the ERA, “in a reputation-based business like academia, summary dismissal essentially means the end of a career.” In my case that seems to be proving true, and perhaps it was that knowledge that made for lighter treatment for Mr. Ihimaera–but I suspect not, simply because his association with academia was one of mutual convenience rather than professional necessity.

My major question is, if what I did was so injurious to the University reputation, what about Mr. Ihimaera’s plagarism? Plagarism is the single worst thing that an academic can do. Working in a genre such as historical fiction does not excuse the lifting of other’s words. Plus, being housed within an academic institution means adhering to its requirements on original work, so he was, in fact, more duty bound than independent writers in that regard. Students get failed and often expelled for plagarism. Academic staff get demoted or fired for plagarism. And Mr Ihimaera did not even merit a reprimand? Now, it seems that the case gets worse, as others have come forth to claim that Mr. Ihimaera has plagarised in his previous work. If so, and if the University knew about those previous incidents, then its absolution of the latest episode is even more alarming.

The University and Mr. Ihimaera say that his plagarism was “inadvertent” and thus excusable. Even if that were true–and it stretches credulity to think that a famous author would not know the difference between his own words and sentence structure and those of others– standard guidelines on plagarism, including those specifically used and distributed by the University to students and staff, state that inadvertent or unknowing plagarism is no excuse for it. It is the author’s responsibility to ensure his/her work is original and properly cited, and the crosses all academic fields and intellectual genres.

Some have claimed that because Mr. Ihimaera is Maori, famous and gay, he got off lightly. I initially thought that was ludicrous and that there were other mitigating circumstances at play. But the more I learn about the case and think about the differences in our treatment, the more I wonder as to why those differences. Certainly universal institutional standards need to be upheld over and above the specific identity and interests of any individual. That is what the University claimed in my case. Yet, was what I did worse than plagarism? Did my email to an individual student cause more damage to the University than the discovery by a book reviewer in a national magazine of the as of then unattributed passages in Mr. Ihimaera’s latest book? How can he not even receive a reprimand, and how can the University claim that in both cases its standard rules and procedures were followed to the letter?

The real shame is that it is not my actions or Mr. Ihimaera’s that have tainted the reputation of the University. Instead, it is playing loose with the rules and attempts to “spin” both stories in a way that gives the illusion of procedures being properly followed that sullies the brand. That has a negative impact not only on the managerial cadre that are the perpetrators of the double standard but also the staff, alumni, current and prospective students who share association with the University name. Yet, instead of being ashamed and contrite, University managers continue to obfuscate and bluster, refusing to reveal how their “investigation” of the Ihimaera case was conducted citing privacy concerns (concerns they were not so concerned about when my email went public).  It appears that management are blissfully unaware that the ship is sinking beneath them or else are confident that no matter what they do, they will not be held to account by anyone other than themselves. Since the taxpayers ultimately pay the salaries of all involved, that should be a matter of public interest.

The SIS wants us to help do its job.

datePosted on 20:21, November 17th, 2009 by Pablo

The SIS has asked for the cooperation of private industry and academia in reporting potentially suspicious activities that could be related to the pursuit of weapons of mass destruction (WMD).  To that end it sent out a pamphlet to universities and business where potential WMD materials are used outlining how to identify the misuse of said materials along with SIS contact numbers to report to. The main academic union, TEU has protested what it sees as an intrusion into academic freedom, arguing that such requests turn academics into “snitches” and can lead to ethnic profiling. The problem with the TEU position is that the SIS request is akin to the Police asking for community cooperation in reporting suspected criminal activity–it is a request made on citizens as part of their social responsibilities rather than a request to them as academics per se.

What is interesting is that this request comes a bit too late and acutely demonstrates SIS inadequacies in fulfilling its main responsibilities. It also demonstrates how misguided market-driven policies can come back to bite the country in the (security) posterior.

The main reason why the SIS is now asking for public help in locating potential WMD training in NZ is due to the lack of security vetting of business and student visas. Under the 5th Labour government, agreements were signed that allow for the entrance of 1000 Pakistani and 350 Saudi and UAE students to study at NZ universities. The areas of study included chemistry, biochemistry, physics, agronomy, biology, and several engineering subfields (but not political science, surprisingly enough). In none of these agreements are their provisions of security vetting of students either before or after they enroll. Given that Pakistan is jihad central and that Saudi Arabia is the source of the human cannon fodder that carried out 9/11 and numerous other terrorist attacks that is surprising, to say the least, and reckless, dangerous and irresponsible to say the worst. But Labour was intent on making NZ an educational niche market for foreign fees paying students at a time when exactly such security vetting was increasingly being required by other English language countries. Seeing a moment of profit opportunity, and disregarding the glaring security implications of the move, Labour stepped in to fill that niche.

At the time the Pakistani and Middle Eastern student visa agreements were made, I made several public statements and private enquiries of my former employer about the problems of that decision. The Labour government dismissed me as a right wing fear-mongerer and the University ignored my concerns. Now, apparently, the SIS has decided that those concerns had some basis, but lacking in the resources and personnel to monitor every business and lab where potential WMD materials and training can be obtained, have decided to ask the public involved in those industries for help. I applaud the move even though I think that SIS Director Tucker would also be advised to re-orient his troops away from  monitoring domestic environmental, Maori and anti-capitalist activists and concentrate on the very real, state and non-state foreign-connected threats that impact on NZ.

This is not to say that a NZ citizen could not join a university chemistry or physics department out of something more than a love of the discipline. What it does say is that when students, owners or employees display an unhealthy interest in anthax, radioactive and biological waste, medical isotopes, epidemiological causes and morbidity, then it would be socially responsible to advise authorities of that fact. The profiling would not be on the ethnicity of the individual but on his/her behaviour.

Until the NZ government tightens up its visa programme to include security vetting of prospective arrivals, the burden rests on after-entry detection. As it stands, business visas are issued to people with money to invest without questions asked about their past; the same lack of scrutiny is true for students. Thus, mainland Chinese and Taiwanese  students are believed to be a source of triad penetration into NZ. Business visas are believed to be conduits for money laundering from both Asia and the South Pacific. Latin American students are suspected of links with drug traffickers.

Conversely, Middle Eastern and Central Asian students and investors may be completely circumspect and “clean” in their background and intent when arriving on NZ shores. Political refugees from conflict zones like Afghanistan, Iraq, Iran, Pakistan, Somalia and the Sudan may want to start over in an safe place, and from what has been seen so far, most do. But as Ronald Reagan said, it is best to trust, then verify. Since the market-driven logic of the Labour government overshadowed the security logic of most counter-terrorism practitioners, security vetting of visa applicants can not happen before or upon entry (and to be fair, much of that is due to NZ distrust of the reliability of information coming from easily bribed or influenced local security authorities in the countries of origin). It therefore has to be an ex post exercise.

That is what the SIS is asking the public to do, as a form of community service.

The trouble is that the SIS reputation is so throughly tarnished by its past excesses and ineptitude, many if not most Kiwis have no interest in helping it to do its job. That makes for a potential double-bite on the security rear.

On the Strategic Utility of Terrorism.

datePosted on 20:59, November 13th, 2009 by Pablo

In a previous life I worked in and with the US security apparatus on matter of Latin American regional policy, to include subjects ranging from civil-military relations to counter-insurgency. In the latter capacity I spend a fair bit of time interacting with the Special Operations and Low Intensity Conflict (SOLIC) community who are  primarily responsible for US anti-terrorism operations, and who include elements from intelligence agencies and domestic security agencies as well as the military. Politically controlled by the Office of the Secretary of Defense (OSD) via the Joint Chiefs of Staff (JCS) and headquartered at the Special Operations Command at McDill Air Force base outside of Tampa, the SOLIC community has analytic and operational wings that are regional, issue and event specific. At a tactical level (i.e. in the field) the community deploys assets as part of Joint Task Forces (JTFs), of which there are a number currently working abroad (the precise number is classified but there is more than one in Afghanistan alone).

One of the best pearls of wisdom imparted to me by an old SOLIC hand is that “terrorism is the last desperate gasp of a dying man. The cause is lost, its ideological appeal is on the wane, and thus the zealots respond by desperate acts of wanton mayhem in a last ditch effort to rattle the nerves of the subject and erode his will to continue to push his agenda to completion.” I believe this to be true, and that it applies to Islamic extremists confronted with the inexorable progress of Western (and Eastern) secularism riding the wave of globalisation of production, consumption and exchange. But there is more to the issue than that.

Terrorism is an irregular (or unconventional) warfare tactic. It is not a strategy in and of itself, but is a means employed to a strategic end. As such, terrorism has a subject, an object and a target, and they are not the same. Although it appears to be an offensive strategy and has been used offensively at a tactical level, it is by and large a defensive strategy. The object(ive) is to get the subject to desist in what it is doing that is inimical to the terrorist interest. The subject is dual in nature: the adversary and its popular support base, on the one hand (e.g. the US government and citizenry), and the terrorist support base, on the other (e.g. Islamicists and the larger Muslim community). The target is, of course, the hapless victims of an act of politically motivated violence whose purpose is more symbolic than military. Terrorism is used against highly symbolic targets in order to erode the will of the adversary to pursue a given course of action while steeling the conviction of the terrorist support base. Terrorism can also be used as part of a moderate-militant strategy in order to create space and provide leverage for negotiated compromises. This was seen with the IRA campaign in Northern Ireland and may in fact turn out to be the strategy employed by non-jihadist Taliban in Afghanistan today. In practice, though, the outcome is often the reverse of what is intended; Israel is a case in point, although it must also be noted that it was the PLO military campaign (in which terrorism was an integral component) that eventually brought Israel to recognise it as a legitimate political actor (Israel, for its part, owes its existence to the terror campaign of some of its founding fathers organised in groups such as the Irgun).

Terrorism can occur in two circumstances and comes in three different guises. The circumstances are terrorism during war and terrorism in peacetime. The guises are state terrorism, state-sponsored terrorism (where terrorists act as proxies for militarily inferior states), and non-state terrorism (such as today’s jihadis). If acts of terror are not committed for political purposes, they are not genuine terrorism but criminality taken to extremes (say, Mafia firebombing or assassination campaigns). This may seem like a semantic distinction but it is important because terrorism is effective only in pursuit of an ideological project, in pursuit of an alternative conception of the “proper” social order, as opposed to the more immediate and material objectives of criminals or psychopaths.

Terrorism in warfare is designed to erode the morale of the enemy. It can be used against military targets to erode the morale of the fighting element and to show the steadfastness, resolve and determination of the perpetrator (such as the Kamikaze attacks, or suicide bombings against military targets in Pakistan, Iraq and Afghanistan). Terrorism can also be used in wartime against civilian populations to erode the will of the support base of a given regime. The nuclear bombings of Hiroshima and Nagasaki as well as the fire bombings of Tokyo and Dresden are classic instances in this regard (as were the V2 bombings of London), in which the psychological impact on the subject far outweighed the military-strategic importance of the targets. That brings up an important point in this age of the so-called “war on terrorism:” generally speaking, the state has been the primary terrorist organisation throughout history. In fact, most instances of state terrorism are directed at their own people, in what is known as “enforcement terrorism” whereby the state imposes its ideological project by force on an unwilling citizenry. The reason why state terrorism is so prevalent in history is that it works. Its purpose is to infantilise and atomise the body politic so people feel powerless and unable to control their own destinies (think of a child’s nightmare). Under such conditions the main recourse for the subject population is a retreat into the private sphere, the disruption of horizontal solidarity and resistance networks, and generalised acquiescence to the cruel powers that be. Under such conditions dictatorial regimes can implement their ideological projects free from the interference of civil society: Chile under Pinochet is a case in point, as are the USSR under Stalin or Cambodia under Pol Pot (the examples are many and not limited to either side of the ideological divide).

State-sponsored terrorism is most often directed at the enemy support base. The Lockerbie aircraft bombing is a case in point, as is Iranian sponsorship of Hezbollah and Hamas  attacks on civilian targets in places as disparate as Lebanon, Israel and Argentina (Iran denies any connection to the military campaigns of Hamas and Hezbollah, and specifically refutes the claim that it was involved in anti-jewish bombings in Argentina in the 1990s. The Argentine government believes otherwise). Reported Pakistan support for Kashmiri separatists and Lashkar- e-Taiba (LET) is another example of state-sponsorship of terrorist organisations. Here the objective is to place enough distance between the sponsor and the perpetrator so as to allow for “plausible deniability” that forces the targeted adversary to either escalate out of proportion to the event or acquiesce (if not respond in kind).

Non-state terrorism has two forms: 1) in its insurrectionary form it is used to advance a group’s political project within a country as part of a counter-hegemonic project (for example, the use of selective terrorism by revolutionary groups seeking to overthrow status quo regimes). Because the group wants to cultivate popular support for its ideological project, the use of terrorism in such instances tends to be more selective and focused on military targets or symbols (and members) of the regime elite. 2) the transnational grievance form is used to thwart homogenising international projects and processes that are deemed inimical to existing social mores and constructions (which can include unwanted immigration from ethnic “others” as well as political or corporate interventions) . Whether secular or ethno-religious, such terrorist groups can be self-identified as anti-imperialist or more localised in scope. The al-Qaeda project is an example of the former, whereas the janjaweed anti-African campaign in Darfur is couched in localised terms (although there is an underlying resource motive clearly at play).

The chances of success of the non-state, transnational grievance form rest not on much on their own capacity to wreak symbolic political violence in pursuit of their objectives but on the nature of the regimes that are the subjects of their activities. Strong authoritarian and democratic regimes, defined as those with majority support and the political will and military-intelligence capability to defeat irregular warfare groups that practice terrorism, will always prevail in such contests. The combination of mass support, military capability and willpower is the decisive part of the asymmetric equation. Russia is a good example of a strong authoritarian regime confronting terrorists; China is(or will be)  another. Strong democracies have similar strengths. Israel again is emblematic, but the UK response to the IRA irregular warfare campaign is also illustrative. In fact, all of Europe and Turkey have the requisite combination of will, capability and support to defeat jihadism in all of its forms (fears about the Islamicisation of Europe notwithstanding).

Conversely, weak authoritarian and democratic regimes are highly susceptible to politically-motivated terrorism, be it state-sponsored or non-state in nature. Weakness is here defined as a lack of majority support and/or leadership will to defeat the terrorist project, whether or not there is a military-intelligence capacity to do so. Under such circumstances even allied assistance may be insufficient to defeat a well-organised terrorist campaign. The will to do so has to come from within, and it must be come from the majority. That is what makes Egypt, Iran, Algeria, a number of Sub-Saharan African states, and perhaps even Saudi Arabia itself more vulnerable to terrorism. The question is not so much one of counter-terrorism capabilities as it is of support and will.

That is the crux of the matter when it comes to judging the strategic utility of terrorism in the contemporary context. Weak regimes like Afghanistan and Pakistan are examples of highly vulnerable subjects of terrorism. To a lesser but still significant degree, weak democracies such as Indonesia, Malaysia and the Philippines are also vulnerable to destabilisation by a well-organised terrorist campaign. Conversely, virtually all of the East Asian regimes, authoritarian or democratic, have the necessary ingredients to defeat non-state terrorists, be they sponsored or self-organised. They same can be said for the Antipodes, even if Australia and New Zealand differ significantly in their approaches to the current counter-terrorist campaigns. Latin America has also managed to combine the requisites for a successful counter-terrorism strategy (especially if the threat is Islamicist, which is culturally alien to the region), although there remain in the region a small number of indigenous irregular groups that continue to practice isolated acts of terrorism in spite of their lack of popular appeal. Thus, in terms of probabilities of success, terrorists today are confronted with a strategic landscape that, outside of Central Asia and the Middle East, appears to doom them to defeat. That might explain the move to highly decentralised and often individual attacks (such as that at Fort Hood), the increasingly “indiscriminate” nature of attacks in places like Iraq and Pakistan (in which potentially sympathetic elements of the local population are targeted), as well as the increasing success in uncovering plots before they are executed (which is a function of good intelligence in a supportive community).

That raises the question of the US. Given the culture wars and ideological polarisation that divide the country, coupled with popular lack of interest in, or commitment to foreign wars, it is increasingly an open question as to whether the US has the popular staying power and committed political leadership to defeat its irregular adversaries at home and abroad. It is that variable that is the jihadis best hope of long-term success, but it is not only Islamicists who see opportunity in perceived US weakness. That could well be a matter of strategic concern down the road, and is what makes the US approach to counter-terrorism a matter of global import. There lies the rub, because counter-terrorism and counter-insurgency is as much an issue of cultural understanding as it is of will, support and capability.

There is more to the issue but in the confines of a blog post this is enough. Former students might recognise some of the above from the “Revolutions and Insurgencies” courses taught in NZ and the US, although this is an updated brief on those long-gone but still relevant course materials.

Crumbling Walls and Simultaneous Transitions.

datePosted on 19:10, November 10th, 2009 by Pablo

Among the celebrations and self-congratulations marking the 20th anniversary of the fall of the Berlin Wall, perhaps it is worth mentioning the process involved as opposed to the event. Contrary to what some may think, this was not exactly a full triumph of freedom orchestrated by a Ronald Reagan-led US in the space of ten years. Instead, it culminated a long process of decay within the Stalinist camp that was the result of internal contradictions that analysts of regime change have seen in other forms of authoritarianism. Not to belabor the point, but authoritarian regimes tend to fall for the same reasons even if their specific ideologies may differ. Defeat in war is one such reason, but where the regime is long-lived and institutionalised, the source of decay is from within the regime itself. Institutional sclerosis and lack of responsiveness are to key measures of authoritarian regime decline. Short of war, the role of external agents in authoritarian demise is marginal, at best serving as an accelerant for long-standing trends. That was clearly evident in the Soviet bloc, and once the repressive apparatus decided not to increase its support for Stalinist regimes in the face of rising socio-economic unrest, it was only a matter of time before they fell. Yet, interestingly enough, none of the Sovietologists in Western academia or intelligence agencies foresaw the inevitable until events were already unfolding (something that reflects the nature of their training, which is now evident in US approaches to MIddle Eastern and Chinese studies. To put it bluntly: studying countries from an adversarial viewpoint often leaves analysts unawares of both the broad and narrow nuances that make or break a given form of rule).

Be that as it may, it is not the subject I wish to address here. Instead, I simply wish to note that the post-collapse era in the former Eastern bloc has been a mixed blessing rather than an unqualified triumph for democracy or capitalism, and that is largely due to the nature of the regime transitions themselves.

Students of regime change note that the transition to capitalist democracy from socialist authoritarianism occurs in one of two general ways involving three specific processes. The first two processes of change  are called sequential transitions, where either change in the economic structure is followed by change in the political structure or vice versa. For example, China is undergoing a long transition whereby its economic bases have moved from socialist to capitalistic, yet it retains one-party rule while the transition is ongoing. Here structural change precedes political change. With some variances, this is what Cuba and Vietnam are doing today, and was also the case in Chile in the period 1973-1990, where the market-oriented economic base was cemented under dictatorial rule, which was followed by a period of authoritarian regime liberalisation leading to the restoration of democracy.  More broadly, the sequence holds true for a number of countries: e.g. South Korea, South Africa, the Philippines and Taiwan all fostered capitalism before they embraced democracy. It is important to note that political liberalisation leading to democracy is not often the stated intention of the liberalising authoritarian elite, but becomes an increasingly possible outcome once command economies are dismantled simply because of the proliferation of private actors and decentralisation of economic decision-making that ensues. At that point the genie is pretty much out of the bottle–but not always.

Conversely, political change towards democracy can precede economic change towards capitalism, although it is generally believed that such a sequence is more difficult to achieve because democratic politics allows subordinate groups to organise electoral resistance to economic dislocations caused by a shift to market-oriented macro-economic policy. This was seen in Argentina in the 1990s and Mexico in the early  2000’s. Generally speaking, students of regime change agree that economic change ideally should precede political change simply because the latter occur after populations have gotten used to the new economic facts of life. That counsels for so-called “top-down” transitions where authoritarians control the timing and tempo of sequential economic and political changes leading to democracy. Put differently, once the new (diminished) threshold of economic consent has been established, elections can be held. This is in contrast to “bottom-up” regime change whereby the masses rise against the authoritarians before the latter are  able to schedule an orderly transition sequence, often leading to political conflict and economic stagnation. Although there are (semi) peaceful forms of bottom-up change (such as Argentina after the Falklands War or the People’s “revolution” in the Philippines), social revolutions are the most intense form of “bottom-up” change, and it should be noted that in most modern instances they result in the imposition of a new form of authoritarianism rather than democracy.

That brings up the second general transition path: simultaneous transitions. Analysts concur that, due to the myriad complexities involved, simultaneous transitions from socialist authoritarianism to democracy and capitalism are the least likely to succeed. In some sense, they are directly contradictory in that they involve the opening of the political franchise while at the same time narrowing social redistribution networks, pubic goods and other socialist “entitlements” (noting here that the trade off in authoritarian socialism was supposed to be diminished political voice in exchange for increased social egalitarianism and welfare). The general line is that a country can do one sequence or the other with some chance of success, but in trying to do both at the same time it is almost guaranteed to do neither. That, however, was something that Western political elites ignored or did not care about in their headlong push to “open” these former Stalinist societies to Western economic and political influence.

Ergo, the Fall of the Wall. Never mind that  Polish dockworkers began the slow crumbling of European Stalinism with their strikes in 1980, that Glasnost and Perestroika accelerated it, and that the Berlin Wall came at the end rather than the beginning of the process of Stalinist decline. Or that the fall of communism in Romania was violent and resulted in a different Stalinist cadre taking over. Or that the result of the implosion of Yugoslavia was genocide at the hands of Serbians that required repeated NATO military interventions. Instead, let us note that the entire Soviet bloc, from Central Europe through the Balkans to the Caucuses and into Central Asia, endured simultaneous transitions with very mixed results. Some countries–the Czech Republic, Hungary,Estonia, Latvia, Slovakia and Slovenia, for example–managed to weather the transition process and are now doing remarkably well as market-oriented democracies. Others–Georgia, the Ukraine, Bulgaria, and all of the Central Asian “stans,” are governed by mixtures of elected authoritarians and oligarchs, to which can be added the centre piece, Russia. In many of these countries the transition to market capitalism has also been thwarted, and instead has turned into variations of crony-capitalism, mafia-capitalism, oligarchical control and/or state capitalism in strategic industries (especially energy resource extraction). In fact, in most of the former Stalinist world there is neither democracy or markets at play in the lives of the average citizen. In many countries pre-Soviet ethnic-religious divisions have come back to the fore, and in some of these countries conditions are worse than they were before (Chechnya). Ultra-nationalist movements have gained ground in many former Soviet republics, and in response Communists have started to regroup.

The broader reasons for this are multiple and deeply rooted in social, political and economic authoritarian legacies that cannot be changed or dismantled in a generation, much less overnight. But the precipitating reason lies in the simultaneity of the transitions themselves: absent a historically rooted culture of democracy, social tolerance and market exchange, most of the former Soviet bloc became a field of play for economic opportunists and demagogues rather than democrats and entrepreneurs. What is most striking is that, once having realised the difficulties in simultaneously pursuing democracy and market economics in post-Soviet contexts, both Western as well as local elites have apparently made the decision to support markets (even in their quasi-capitalistic versions) rather than democracy in most of that world. Whether by choice or chance, there is no elective affinity between democracy and market economics in these contexts.

Thus, we should view the 20th anniversary celebrations of the fall of the Berlin Wall with a jaundiced eye. On the one hand, it marked the death of European Stalinism and liberated millions of people from that scourge. On the other hand, for many it did not deliver on its promise of freedom and prosperity, and is still far from doing so in many parts of the non-European former Soviet bloc. More generally, authoritarian regime transitions may be a universal good, but only if they lead to something better. That has not always been the case in the Post-Cold War world. Less self-congratulation and more reflection would therefore seem to be in order.

Legal Utu in a Colonial Court?

datePosted on 21:30, November 6th, 2009 by Pablo

A little over two years ago the so-called ” anti-terrorism” raids were carried out by the Police against activists in Ruatoki, Wellington and Auckland. The media frenzy that immediately followed focused on reports of “paramilitary” training camps, where, according to Helen Clark, “napalm” bombs were being made, weapons training was ongoing and plots were being hatched against a  variety of political figures, among them George W. Bush. Police affidavits were leaked to the press that detailed the “evidence” collected by covert means, and profiles of the more flamboyant of the defendants were splashed over the tabloids, radio and television. Almost immediately, multiple charges were laid under the Firearms Act 1983, but a few weeks after the raid the Solicitor General decided against laying charges under the Terrorism Suppression Act (TSA) because he deemed the TSA to be “unworkable.” This was a blow to the government’s case because much of the surveillance done in the build-up to the raids was authorised under provisions of the TSA. Even so, the government pressed ahead and in the months that followed arrested 3 more people and (a year after the raids) charged five of the original defendants with the additional count of  “participation in a criminal gang” (Tame Iti, Rangi Kemara, Tuhoe Lambert, Emily Bailey and Urs Signer). What all of the defendants have in common is that they are well-known and often outspoken critics of the NZ state, the US and capitalism in general. Beyond that they are a mixture of anarchist, environmental and indigenous sovereignty advocates (and at least one unhinged individual) united by their common disdain of the status quo. For background on the events and immediate response to the raids, see the trilogy I wrote for Scoop in the weeks that followed: here, here, and here.

With no terrorism angle to report on, the media lost interest and the story died. But what has become of the Urewera 18? (2 of the arrested have been discharged without conviction or had charges dismissed). Here I shall provide a brief update and make note of some ironies.

The Urewera 18 are represented by 14 barristers and numerous solicitors, with Rodney Harrison QC (of Zaoui case fame) recognised as lead counsel and Annette Sykes given special status by the Court with respect to the tikanga of Tuhoe and implied license. Proceedings have dragged on for more than two years, and like the Zaoui case, it is likely that they will continue for at least another year (reports are that the first available trial date is in 2011). Given the numbers of defendants and legal counsel involved, this means that the taxpayer bill for the prosecution of the case will dwarf the NZ$2 million spent in the futile attempt to refuse Ahmed Zauoi political refuge. The cost for the defendants, emotional as well as material, is similarly high.

As for the substance of the case against the Urewera 18, let us begin with the charges. Other than the criminal gang accusation and a common charge of possession of restricted weapons (presumably related to incendiary devices), all else fall under the Firearms Act of 1983. After some legal wrangling, the charges have been bundled together as ‘representative’ charges so as to make the number of charges more manageable. In other words, in early depositions each defendant was charged with possession of each gun at each camp, resulting in hundreds of charges. That has now been amended to a single charge for possession at each camp (.i.e. each individual visit to the Ruatoki bush camp resulted in one firearms charge). As an example, when arrested one defendant originally faced 3 charges, then at depositions the number of charges  rose to 13, but now has returned to the original 3 charges. Even so, the number of individual charges is in the dozens.

With regard to bail. Remember that in their original statements the Police were opposed to bail for the accused, citing the imminent threat they posed to the community. That has all changed. The most onerous bail conditions have been lifted and travel restrictions relaxed although not completely removed. It is my understanding that Tame Iti will again travel to Europe this summer to perform more Shakespeare (Iti was allowed to travel abroad earlier this year in order to participate in theatrical productions in Europe) and Urs Singer has been allowed to visit his ailing parents in Europe as well (the irony of Tame Iti doing Shakespeare in European theaters–as a sort of cultural ambassador, if you will–while on trial in NZ is not lost on me, but I shall avoid mentioning that in my summation below simply because there are other ironies worth noting. But it does point to how serious a threat to the security of Aotearoa he is considered to be by the government).

Then there is the issue of the means by which the case was constructed, to wit, the human and electronic surveillance and wiretaps used to monitor the accused. The Solicitor General’s decision to not invoke the TSA proved to be problematic for the government’s case, since much of the means by which the activists were tracked and evidence gathered were only allowable under the TSA. With no TSA charges on the menu, the admissibility of the evidence collected under its provisions was open to legal challenge. That soon came.

In August, applications  were made by the defense that all search warrants, in-person covert surveillance (conducted by the Police Special Tactics Group) and stationary covert cameras were illegal. By and large, the defendants won that part of the argument. In September the presiding judge declared at least 6 of 9 warrants illegal, specifically declaring illegal all in-person covert surveillance and stationary cameras. The latter was deemed illegal because the police trespassed onto private land in order to install the cameras (it is not currently possible to get a warrant for surveillance cameras on private property in NZ). The Police Special Intelligence Group tried to justify its actions by claiming in retrospect that they sought judicial oversight in doing so (presumably with reference to the TSA). In reality, they knew at the time that they couldn’t get warrants for such activity without the TSA, but did so anyway. Now that evidence is inadmissible. Even so, the government won on excluding text messages, and it remains to be seen whether the defense will challenge that ruling in the Court of Appeal. (A good summary of the decision is available here).

 The second stage of this application was heard in September and a decision is still pending. Under Sec 30 of the Evidence Act, in order for evidence to be ruled inadmissable, it must be found to be both illegal and unreasonable. This differs greatly from the US where it follows quite logically that activity which is illegal is by nature unreasonable, but the police in NZ are given a much greater benefit of the doubt on this matter. This is an important distinction, because that means that even if the evidence is deemed to have been illegally obtained, it still can be ruled admissible in a NZ Court if it is deemed “reasonable.” QC Harrison has consequently made submissions about why inclusion of this evidence was unreasonable. The main thrust of his argument is that the police’s trespass was sustained, deliberate and knowing. It happened over a period of nearly a year on land that was clearly private property. The judgement is still pending on this part of the defense motion. Whoever loses is very likely to appeal because the case could well hinge on the disputed evidence.

In the last weeks  the defense has making an application for a stay of the proceedings based on pre-trial publicity. In essence, that the case has been so prejudiced that the Urewera 18 cannot get a fair trial. Interestingly, the most recent  precedent for such an application was made by the same two lawyers on behalf of the two suspected Mossad agents who
were arrested for attempting to procure false passports in 2005.

The defendants are next due to appear in court in Auckland in mid-December. For those interested, the hearings are open to the public but those attending should expect increased security measures and the possibility of Crown objections to their presence if it is considered injurious to their case (the Crown has already objected to filming of the hearings for documentary purposes).

So what are the ironies of the case so far? Well, for starters there is the parallel with the Zaoui case. In both instances the government began by throwing out unfounded accusations of “terrorism,” only to see their case for it crumble under legal scrutiny.  For all the talk of terrorism, it was the Police Special Tactics Group, not the counter-terrorism component of the NZSAS or the specifically-trained Counter Terrorism Tactical Assault Group (CTTAG) who conducted the surveillance and led the raids (which indicates that the government did not take the threat of terrorism seriously enough to justify use of the forces designated for that role). The money spent on the prosecution and legal defense of both cases is also on a par, if not more in the latter instance.

Another irony is that the arms dealer who (allegedly) supplied information to some of the defendants about how to construct silencers, on how to modify a starter’s pistol into a real weapon, and who allegedly provided instruction on how to convert flare grenade launchers into the real thing, has not been charged with a single offense (reportedly due to his being a Police informant).

For its part, rather than strengthen criminal law to deal with politically-motivated criminal conspiracies in light of the “unworkability” of the TSA (thereby avoiding the authoritarian penchant to create a different category of “political” crimes labeled as “terroristic”), National has re-introduced a Search and Surveillance Bill first proposed by Labour last year in which powers of search and surveillance would be expanded dramatically (to include warrantless searches, eavesdropping and tapping of computers and phones) by a broader range of government agencies–including local administrative authorities! The irony is that, rather than use the Urewera case as an example of how NOT to conduct a criminal investigation against political dissidents, the government has instead moved to relax legal restrictions governing covert monitoring of suspects, including on private property (i.e., the exact practices that were deemed illegal in September by the presiding judge in this case).

But the ultimate irony may be this. According to defendant Omar Hamed, “October 15 was a reminder that the state is not our friend. It is a violent, colonial, racist institution that serves the interests of the corporations and the ruling class. Well organised, anti-statist, defiant communities pose a threat to the state and colonial capitalism…” (taken from a passage included in the exhibition catalogue for the Arts auction “Explosive Expression” held to raise funds for the Urewera 18 on October 16, 2009 in Wellington). And yet it is this purported colonial, racist and corporate justice system that has allowed the Urewera 18 to formulate and fund a defense that has successfully challenged the case against them so far. It would seem that, at least in this case, utu  (as both justice and revenge) does in fact come in colonial garb.

My view is that by the end of the process a majority of the defendants will be acquitted and only a handful will be convicted of minor firearms violations. It will be left for the NZ public to decide whether the entire affair was worth the effort, and whether indeed, if ever, there were the makings of a terrorist plot percolating in the Ureweras.

PS: I have some inquiries out at the moment that might allow me to update the status of the case. If so, I shall do so post haste and append a notification at the end of this post.

PPS: This post has been updated to reflect my remembering of another irony regarding the government response to its failures in this case (see irony #3 above) as well some fine points regarding the charges.

Blog Link: Disloyal Opposition in the US.

datePosted on 13:34, October 27th, 2009 by Pablo

For some time I have watched the opposition to Barack Obama and his administration with growing unease. Having some familiarity with Latin American politics, I began to see parallels between the traditional behavior of conservative Latin American oppositions to Left-leaning  democratic governments and that now manifesting itself in the US. I have now pulled my thoughts together into this month’s Word from Afar essay over at Scoop. The essay has more of a polemical tone than usual, but that is a reflection of my contempt for, and concern over, such behaviour.

I have often wondered what sort of person becomes a human resources manager or corporate employment lawyer in New Zealand. Now, with the cases of Sean Plunkett and Jim Salinger in front of the ERA, coming on the heels of my own experiences, my beliefs are being confirmed. This is what I believe.

NZ HR managers are hired for their sociopathic and bullying tendencies. They are devoid of compassion, understanding and basic human decency. They take delight in the flaws and failures of others, and many are pathological liars (witness NIWA HR accusations against Dr. Salinger that he was “sparse with the truth” (i.e.a liar),  or, in my case, my employer’s HR toadies attempting to fabricate a case of prior warnings and incidents (there were none relevant to the case in question) and then accusing me of falsifying leave forms (which was not only irrelevant but which other administrator’s contradicted). In the Radio NZ case Plunket had no contractual restrictions on his writing a column elsewhere yet he was threatened with dismissal for doing so. It appears that a personality clash with his boss (which is what was really at the heart of my case) is the real issue, with the boss attempting to control Plunkett’s behaviour outside of his contractual obligations. Dr. Salinger and myself received no formal warnings prior to our respective (in my case legally unjustified and in his case surely unjustified) dismissals. In both of the latter cases, relatively minor breaches of protocol got us summarily dismissed without warning or attempts at compromise or conciliation. Basic notions of fairness would indicate that in all these cases the employer acted in bad faith and then vilified the employee to cover up their own lack of ethics and adherence to procedure. Basic understanding of democracy would reveal why this is not only unacceptable as a social practice, but in fact inimical to the democratic form. After all, New Zealand is supposedly a robust democracy, so its labour relations framework should be quite different from that of China, Singapore, Iran or Saudi Arabia. Alas, on the essentials, it is not.

In general, HR types and their hired employment lawyer guns basically use the strategy of character assassination and deep pocket spending to outlast and break down the employee (and, in some cases, his/her union). When settlements are reached, they often reflect employee financial constraints or psychological trauma regardless of the positive merits of their case (and in which, in the case of both NIWA and Radio NZ as well as mine, the legal fees and/or the (eventual) settlement offer of the employer were/will be paid by taxpayers).

In fact, I wonder when do defamation cases apply in employment disputes? How can HR managers knowingly and deliberately make blatantly false accusations of employee dishonesty and malfeasance in open hearings that are reported on by the press, and yet escape legal action against them for defamation or slander? In my case all of the accusations against me were proven false, and yet the stain on my reputation has remained ever since (and prevented my securing alternative employment in my profession). Although I have no doubts that Dr. Salinger and Mr. Plunkett will win their cases or receive settlements, I wonder if Dr. Salinger will be able to secure employment in his chosen field with another government agency or private firm in NZ ? (Mr. Plunkett has the advantage that he has not been fired so does not have to look for work). Where is the justice when an employee wins a case but is not allowed back into their field of work (and in my case forced to leave NZ), and/or where his/her character has been impugned in the pubic consciousness?

In any event, I have noted in the past that there is a sort of mean-spirited aspect to the NZ character, something that emerges in politics, the corporate world and in education (among other fields). I am now coming to the belief that not only do HR managers (and employment lawyers working for firms) epitomize these nasty traits, but in fact are hired precisely because of them. The reason? Given the structure of employment law in NZ, these traits serve a useful purpose for employers regardless of the costs inflicted on employees and those that chose to represent them.

PS: To be clear. I am not referring here to small business employers, who do not have the money to hire HR teams or corporate lawyers to do their dirty work (or at least dismiss their useless workers). The lack of litigation money and legal funds makes small business owners  more vulnerable to adverse ERA or Employment Court decisions,and therefore more cautious when approaching dismissals. The large corporates (state or private) have no such concerns, given that employment law favours the structurally powerful rather than fairness under the law.

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