Posts Tagged ‘Act’

Monitoring Syrians and Supplicants.

datePosted on 12:14, February 14th, 2014 by Pablo

The subject of spying is back in the news this week, but the coverage has been inadequate. Allow me to clarify some issues, first with regard to those who want to join the Syrian conflict and second with regard to politicians trying to ingratiate themselves with Kim Dotcom.

Contrary to the thrust of the coverage, not all those seeking to join the Syrian conflict are Syrian or descendants of Syrians. The Syrian War is a civil war between Shiia and Sunnis, where the minority Alawite-backed Assad regime is fighting to maintain its grip over a majority Sunni population (Alawites are a sub-sect of Shiia Islam). For a variety of affective and strategic reasons Iran (a very large Shiia dominant country) supports the Assad regime while Sunni-controlled Saudi Arabia and Gulf oligarchies back the armed opposition. This opposition is divided into what can be loosely called secular moderates (such as those grouped in the Free Syrian Army) and Islamicists (such as those in the al-Nusra Front and Al-Qaeda in Iraq and the Levant).

The latter have come to dominate the military side of the opposition due to their superior combat skills and determination. Their ranks include Sunni internationalists from all over the world (including New Zealand) who see joining the struggle as a religious imperative. Egyptians, Jordanians, Pakistanis, Britons, Australians and French nationals are among those fighting in Islamicist ranks. That has led to serious clashes with the moderate secularists (who do not have as many internationalists in their ranks, although there are some), to the point that the fighting between the armed opposition factions has allowed the Assad regime to re-gain the upper hand in the overall struggle after being near collapse just six months ago.

Where the armed opposition is winning, it is the Islamicists who are doing so.

In the last nine months the Prime Minister has made repeated reference to would-be New Zealand jihadis joining the fight in Syria. Some are already there and others have been barred from going. They may or may not be Syrian in origin, but his use of the “Syrian trump card” is a naked political ploy designed to use fear-mongering as a justification for extension of domestic espionage and, perhaps, as a way of pre-emptively steeling public opinion against the negative consequences of the inevitable revelations from Edward Snowden about New Zealand’s foreign espionage role within the Five Eyes/Echelon signals intelligence collection network. The trouble with the PM’s ploy is that the proclaimed threat does not match the facts.

According to the government ten New Zealand passports have been revoked since 2005 and a handful of Kiwis are in Syria fighting. The PM makes it sound as if all these have associations with extremist Islam. Perhaps they do, but the Syrian conflict only heated up as of early 2012, so the Syrian card does not explain why passports were cancelled prior to that. Moreover, the PM says that passports were cancelled in order to prevent “radicalized” Kiwis from returning and making trouble at home. That begs the question as to what the frustrated wanna-be jihadis are going to do now that their plans are thwarted and they are forced to remain in the country under heavy scrutiny.

A Syrian community spokesman has said that two brothers had their passports revoked after their parents informed authorities of their plans to travel back home to join the fight. He also accused the PM and his government of “racial discrimination.” The latter claim is ridiculous and shows a gross misunderstanding of how democratic governance works. John Key did not personally order the revocation of any passports nor does he have the power to rescind the cancellation order. New Zealand authorities did not cancel the brother’s passports because they were Syrian but because of their purported intentions. They did not target the entire Syrian community for who they are.

In fact, under current legislation the government is well within its rights to revoke passports on the grounds that the individuals involved intend to become or are part of a criminal enterprise, of which terrorism is one. Since the Islamicists fighting in Syria are considered terrorist organizations by the New Zealand government, any intent to join them could be construed as an attempt to engage in criminal activity. One might argue that the definition of terrorism is too broad (and I believe that it is), but as things stand the government’s concern about returning, combat experienced jihadis is a legitimate motive for canceling passports.

I shall leave aside the fact that the chances of survival of those joining the Syrian conflict is quite low* and they are being monitored in any event, so mitigating the potential threat posed by returning jihadis is not as formidable as Mr. Key implies. There are technical means of tracking the location of passports, and the individuals who are in Syria or want to go there have been identified already via domestic intelligence gathering. In fact, allowing suspects to travel while being secretly monitored is a standard intelligence collection method, so one can reasonably assume that the handful of Kiwi internationalists in Syria as well as their as of yet to travel brethren are the focus of both human and signals intelligence collection efforts by local espionage agencies in conjunction with foreign counterparts.

However, Mr. Key’s repeated public use of the Syrian card certainly has alerted any would-be extremists in the New Zealand Muslim community that they have been infiltrated by the Police and SIS and that there are informants in their midst. In fact, the New Zealand Muslim community is a bit of a sieve since 9/11 because personal, sectarian and financial vendettas as well as legitimate concerns about ideological extremism have seen the accusation of “terrorist” thrown around quite freely within it. This has been well known inside security circles (who have to separate bogus from legitimate accusations of terrorist sympathies), but the PM’s public disclosure has given potential jihadis a clear signal to exercise increased caution and diligence when planning future violence (should there be any).

The most important issue, however, is the selective application of the passport revocation authority. If would-be Islamic internationalists have not been convicted of crimes in New Zealand, and barring clear evidence that they intend to engage in crime abroad, then they should be allowed free passage to travel. If they engage in war crimes or crimes against humanity during a foreign conflict (be it in Syria or elsewhere), they can be charged upon their return, or even detained on the suspicion of complicity in said crimes. This is not a far-fetched speculation because both the Assad regime and its armed opposition have committed a raft of atrocities that fall under both definitions of illegal war-time behavior.

This applies equally to those who may choose to join non-Islamicist groups in other foreign conflicts (for example, by joining Christian militias in the Central African Republic), so specifically targeting those intending to go to Syria to fight is, in fact, selective if not discriminatory application of the relevant law. As far as following the Australian example and making it illegal to join a foreign conflict under penalty of imprisonment or revocation of citizenship, one can only hope not.

The simple fact is that would-be jihadis and other internationalists should be free to join any foreign conflict. They assume the risk of doing so and understand that they give up the diplomatic protections usually reserved for citizens traveling abroad. Should they be deemed a potential threat upon their return (in the event that they do), then it is the responsibility of local law enforcement and intelligence agencies to mitigate that threat within the rule of law. As I have alluded to above, that is not particularly hard to do in the New Zealand context.

As for politicians meeting with Dotcom, the issue is far more simple than sinister. Dotcom is a NZ permanent resident who is a fugitive from US justice still under extradition warrant (which is being argued in court). The authorities may well consider him a flight risk because he certainly has the means to do so. They may believe that he is continuing his criminal associations or practices while his court case is being heard (I shall refrain from making bad jokes about those who have flocked to his side during the GCSB Bill debates, or about the politicians who have knocked on his door). Given his penchant for partying and those he associates with when doing so, they may want to catch him in possession of illegal drugs.

Thus the Police would have legitimate reason to run ongoing surveillance operations on him, and can do so legally with or without the help of the SIS and now, thanks to the passage of the GCSB Bill, the GCSB. In doing so, they would monitor and record the comings and goings of visitors to his mansion, with that information passed up the chain of command.

That is why Mr Key’s version of how he came to know about Mr. Peters’ treks to the Coatesville property is odd. He claims that he got his information about Dotcom’s political visitors from Cameron Slater working with or independently from a Herald gossip columnist. That is troubling.

The Right Honorable John Key is the Minister of Intelligence and Security, so presumably he is aware of the status of security operations and the Dotcom case in particular given its history. But he claims that he received domestic espionage information about Dotcoms’s visitors from a right-wing, admittedly partisan “attack” blogger, rather than from the security agencies for which he is responsible and who have a legal right to monitor Mr. Dotcom. That is a sign of incompetence or willful ignorance on his part.

I have shares in a Bolivian gold mine I am willing to sell at a very affordable price to readers who believe a sociopath was the first source of the Dotcom visit data provided to the PM.  Perhaps I am wrong and it is simply too much for domestic law enforcement and intelligence agencies to pursue the monitoring of Dotcom for a supposed copyright infringement when so many Syrian-focused terrorists abound. But given the amount of resources expended and the reputational stakes involved, it would not be surprising and in fact legal for security agencies to do so.

I would suggest that if people like Winston Peters are concerned about being spied on when visiting Mr. Dotcom, then they should look at their own roles in allowing that to happen. Since 9/11 the legal powers and practical reach of the domestic espionage apparatus have been increased incrementally yet extensively under both Labour and National governments. Other than a relatively small number of Left activists and the Green Party (as well as ACT while Rodney Hide was still around to lead it), neither the majority public or the majority of political parties did anything to oppose this extension.

In fact, although Labour party figures and Winston Peters joined Kim Dotcom on the stage at various anti-GCSB Bill protests last year, and the bow-tied buffoon with a pompadour posing as a political party objected to having his personal communications accessed during the course of an investigation into leaks of confidential government information, Labour is responsible for the majority of the extensions and Dunne and Peters supported all of them. National has merely deepened the trend towards a surveillance society.

Hence, whatever Labour, NZ First or United Future may say now as a way of partisan point-scoring, they are full accomplices in the erosion of Kiwi privacy rights over the last decade. Any current whinging about violations of their personal and the larger collective privacy should be dismissed as cowardly rank hypocrisy.

In any event, when it comes to intrusions on basic freedoms of association, privacy and travel, not only Syrians living in New Zealand have reason to feel aggrieved.

* This is due to the immutable Buchanan rule of ground warfare: if you are firing your weapon over your head, or firing blindly around corners in the general direction of the enemy, you will not last long once s/he closes in. Should that rule be miraculously violated without consequence, the fifth Buchanan rule of asymmetrical warfare comes into effect: strapping explosives or amulets to your body in the hope of divine intervention is based on a false premise.

Crossing: the flaw

datePosted on 23:35, August 21st, 2013 by Lew

This evening the GCSB Amendment Bill passed its third reading in Parliament, 61-59, despite a desperate last-minute campaign to persuade selected government MPs to cross the floor and vote against the bill.

I’m sure everyone involved would accept it was a long shot, a last-ditch effort after every other challenge had failed. But it shares some faults with the remainder of the campaign, and the left’s political strategy more generally, which has been marked by a lack of coherence and internal consistency, poor targeting, and seemingly more at shoring up support among activists than in extending that support.

Motivation

The merits of the GCSB issue were thoroughly thrashed out — the main problem is that it is an extremely complex topic about which few people have the expertise to make authoritative claims. Nevertheless, many of those people have made such statements, and the evidence is out there. This has been the strongest aspect of the “Stop the GCSB Bill” campaign more generally: its appeal to evidence.

But this was not a topic upon which government MPs were amenable to evidence. If they had been, they would surely have been swayed by testimony from the Law Society, the Human Rights Commission, and defence, security and IT experts including the former head of the GCSB itself. They were not moved by these appeals to evidence; not even slightly. They simply hold a different opinion on the merits of the GCSB Bill, one that happens to not be supported by the aforementioned experts (no doubt the PM provided another set of experts who gave them a counterview).

This is fundamentally because their motivation for passing the bill is ideological, not policy-oriented. National governments are strong on security. Whether they are or not, it’s part of their brand. They keep people safe, both at the day-to-day criminal level and at the level of transnational crime and terrorism. They are simply not willing to let some liberal bed-wetters prevent them from implementing a security system that better suits their petit-authoritarian worldview.

Hardening

Calls to cross the floor arose mainly from the left-liberal activist community. The biggest problem with calling on your ideological foes to cross the floor is that they’re your ideological foes. If they cared about what you thought, they wouldn’t be your foes, and they very likely would be amenable to changing their views based on the evidence, or at least to moderating them and cooperating.

But this is war. Not war on terrorism; war on the liberals, who are the real strategic threat to this government, and are ascendant in New Zealand’s left following the success of marriage equality, the continuing strength of the Greens, relative to Labour. In a war, when your enemies offer to parley, it is a sign of weakness, and nobody could mistake left-wing activists begging the Minister of Justice for a vote to sink a key plank of her government’s legislative agenda as anything other than a sign of desperation. In a war, when your enemies offer to parley, you only accept if you can’t crush them, see them driven before you, and hear the lamentation of their women. Hard ideological power is rarely vulnerable to moral suasion.

Trying to persuade individual MPs to betray their cause from a position of such ideological and strategic isolation was never likely to have any effect other than to harden their resolve, and to increase pressure on them from within their party to toe the line. In particular, given the vitriol to which certain MPs — notably Peter Dunne, hilariously regarded as being the most likely to switch — have been subjected in recent months, a sudden switch to flattery and appeals to better nature was simply incoherent and too jarring to be credible. Even a dog, if mistreated, will bite when petted. The fact that so much abuse continued even after the charm offensive began made it doubly ineffective.

In many ways this was a concentrated version of the overall strategy of moral and evidence-based persuasion: because support for the bill has been framed in a partisan way, there’s little point in convincing your own side. The task is to convince people who, for the most part, like John Key and trust his government that they are neither likeable nor trustworthy. It’s a hard thing to do — but doubly hard when your cause gets occupied by the Occupy movement, a point that Pablo made in one of his many excellent posts on this topic recently.

Target selection

Nine MPs were selected. Not to say that there were any actually good targets, but the selections misunderstand each MP’s place within the government machine.

The most obviously-idiotic target was Judith Collins, the Minister of Justice and probably the toughest authoritarian in government, including Key himself. Converting her was simply never a happening thing. National party newcomers Paul Foster-Bell and Claudette Hauiti were almost as laughable, given that their political careers exist only at the pleasure of the party.

Peter Dunne was probably the best target six months ago, except that he has since been subject to the greatest amount of vitriol over this issue. His relationship with the government has also been weakened recently, a bond he needed to renew, which he has.

John Banks, although personally of a nature similar to Collins, is vulnerable to his party machine which could possibly have been talked around — but the activist left thinks of him (and it) as being beyond liberal redemption, in spite of his voting in favour of marriage equality.

The others (Sam Lotu-Iiga, Melissa Lee, Jami-Lee Ross, and Nicky Wagner), were no worse than anyone else in the party.

Who do you love?

The only thing that gives a non-delusional Prime Minister in this data-driven age the sort of swagger John Key has is the knowledge that the polls are solid. There have been a few public polls: Research NZ; ONE News/Colmar Brunton; 3 News/Reid Research and most recently Fairfax/Ipsos.

Campbell Live’s unscientific, self-selecting plebiscite is barely worth a mention. So of these polls, only the last gives anything like a picture of an electorate that is closely engaged with this issue; it tells us three-quarters of New Zealanders do care about the GCSB Bill. But 75% on its own means nothing. Polls told us that 80% of the electorate opposed asset sales, and look how that worked out. This poll also tells us how much they care, and the answer is: only 30% are very concerned, and 25% aren’t concerned at all. More than half trust the government to “protect their right to privacy while maintaining national security”.

Key and his government will have much better polling than this, and broken down by party allegiance, too, and that’s important — Key would be perfectly happy to alienate 30%, or even 40% of the population as long as they’re all committed Labour and Green voters, and more than half overall still basically trust him. Key said people were more interested in snapper quotas than the GCSB bill, and he’s probably right — if you read that as “people who might actually vote for him.”

What was the performance in aid of?

The major effect of this campaign was to give the activist community something to believe in, a sense that they were Doing Something, rather than just sitting there while their freedoms got gutted. It was very much attuned towards focusing existing opposition, rather than towards expanding that opposition. (This was true to a lesser extent of the public meetings and mass rallies, which effectively church services, but these did also have an important role in disseminating evidence and bringing the discourse into the mass media).

The effect has been clear: there has been no effect. While opinion polling for the left has picked up in the last few days, it remains to be seen whether this will persist.

Although this one was poorly-executed I also don’t think a “cross the floor” campaign was necessarily a bad idea. Theatre matters. Morale matters. For all the criticism, there are many positives here. One is that people have gotten angry — even if it’s only a relatively small cadre of activists, that’s something we haven’t really seen much of recently. And there are some signs the discord may spread further (though not much further, as yet).

But while Do Something campaigns can be worthy in terms of making people feel better about losing, that is often all they are good for. They are often not very effective in terms of actually winning. This campaign worked well as a salve, but as far as effectiveness goes it was badly framed and focused on the wrong objective. It was both too partisan to draw in broad support from across the ideological spectrum, and then, later (once its ideological hostility was confirmed) began to treat the government as only a semi-hostile force that might be reasoned with. A less-ideological campaign to begin with, hardening into a more rigorous strategy as it became clear that the government would remain intransigent would likely have been more effective if it could have been stitched together (admittedly a big if).

Further, focusing on the bill’s passage was unrealistic. It was a fair enough interim goal, but more realistic is to focus on the repeal of the bill — now act — when Labour and the Greens are next in government, and to use it as a lever to assist them into government. Good progress has been made towards this as well, especially in securing what seems to be solid assurances of repeal from Labour, whose prior form on civil liberties has been very mixed.

What remains to be seen is if those involved can maintain momentum for another year. If they can, and this kicks off a 14-month campaign season, then it will have been a triumph, in spite of its tactical failure.

L

Political Fratricide.

datePosted on 08:11, November 21st, 2012 by Pablo

In light of recent events involving the NZ Labour Party, it is worth pondering the phenomenon known as political fratricide and its sub-set, party fratricide.

Political fratricide is the tearing apart of a political movement or organization due to internecine differences amongst political allies or the ideologically kindred. It is fratricidal in that erstwhile brothers and sisters in political arms turn on each other over differences of ideas, strategy and tactics to the point that the movement can no longer sustain itself as a coherent political entity. The original movement is purged of dissenters by the dominant, and often increasingly authoritarian faction. Clear examples are provided by a myriad array of Left movements that fracture and split over ideological hair-splitting and matters of praxis. This weakens their broader appeal, segments them into marginal factions, and therefore diminishes their overall import in the political debates of the day. The more intense and acrimonious the political fratricide, the less likely a movement will recover its original shape and play an effective role in mainstream politics. In most instances that means permanent marginalization.

Party fratricide is a sub-set of this phenomenon. It is characterized by increasing cleavages, factionalization and fragmentation within political parties over any number of issues, including issues of leadership. Party fratricide results in the elimination or purging of losing factions. It is due to either of two reasons. One is irreconcilable differences within the Party on core beliefs. In this instance the very nature of the Party as a political entity becomes the subject of angry internal debate to the point that it can no longer function as a coherent whole. That forces splits and defections by discontented Party members that ultimately results in the formation of new Party off-shoots. As with the case of political movements, this dilutes the electoral strength of the original Party, which may or may not be replaced by one of its off-shoots as the preferred vehicle for the marshaling of a given political cause or belief system. Although the original Party may survive, its core belief structure will be modified by the defections and emergence of ideological competitors holding different conceptualizations of the original beliefs that once bound them together. That has the overall effect of diluting support for the belief system itself because the increased number of disputed interpretations resultant from the fratricidal process muddles popular interpretations of what the “pure” belief  really is.

The second cause of Party fratricide is an absence of core values. In this instance, which often is seen in “catch-all” parties that seek to appeal to the widest array of interests possible, the absence of an ideological core leads to the narrow pursuit of segmented interests and policy implementation by a variety of internal factions. That in turn sets the stage for tactical opportunism, be it in the trading of favors via pork-barreling or log-rolling, or in regular shifting of support for policy positions or party factions based upon self-interest and the contemporary dynamics of the Party at any given moment. People of ideological principle finds themselves isolated and outflanked by the tactically astute who are less rooted in ideological conviction. The more this occurs the more likely that bitter personal antipathies develop within the Party as ambitious individuals joust for leadership roles in an evolving informal or subterranean contest that parallels the formal rules of Party leadership contestation and selection. Since there is no one central belief system to which all adhere, the field is left open for cunning tactical opportunists to hold sway in internal party debates.

This appears to be what has happened to the Republican Party in the US, and it shows signs  of occurring in the Australian and British Labor/Labour parties. It seems to be what happened to ACT. These parties contest power not out of a core belief system but because of the platform of temporally shared policy interests that they represent. Although that may suffice to win power or office, it also is a source of constant internal tension that has the potential to explode into outright conflict should personal animosities or policy differences turn irreconcilable.

Party fratricide does not necessarily spell the death of the Party but is a sign not only of deep division within it, but of fundamental weakness. After all, if a Party cannot unite around a common set of objectives, leaders or beliefs in the face of a coherent and well-organized opposition, then it is less a political Party than an amalgam of sectoral interests forced together by political circumstance and shallow ideological affinity.

All of this is quite obvious. The question for the day is whether a Party that is exhibiting signs of fratricide can pull back and regroup in a manner that retains its coherence and effectiveness as a political interlocutor. One way may be to rehabilitate, resurrect or recruit again those that have lost favor or been relegated by the internecine battles (many a political Laxarus has been returned to the fray in NZ and elsewhere). There are a number of other means for re-constituting a coherent political platform and leadership cadre  that enjoy the support of the Party membership as a whole. Thus the solution set to the problem may be as varied as it is difficult, but for one NZ political party at least, it is also absolutely necessary.

 

A dialogue with Alwyn Poole on charter schools

datePosted on 12:25, September 19th, 2012 by Lew

Following my recent post on charter schools and the Canterbury education restructure I received an email from Alwyn Poole, principal of the private Mt Hobson Middle School, disagreeing with my assessment. The ensuing discussion was good, so I’ve posted it here with Alwyn’s agreement. (Below the fold).

Read the rest of this entry »

Framing marriage equality to win

datePosted on 07:00, August 31st, 2012 by Lew

On Wednesday night Parliament voted 2:1 in favour of marriage equality, as defined by Louisa Wall’s Marriage (Definition of Marriage) Amendment Bill, which would permit two people of the same sex to marry. I haven’t been involved in any of the organised aspects of this movement, but I have watched it closely and lent some ad-hoc support to it. Here are some observations on some of the symbolic and framing issues in the campaign for marriage equality, and some discussion of why, and how, it was successful.

Unity and commitment
This campaign had two features that many do not. First, its proponents worked to find common cause with their erstwhile political opponents. This iteration of the debate was sparked by Barack Obama’s “coming out” a few months ago (I wrote about this here.) It has been a bipartisan project; groups and people from across the spectrum worked together. As many National MPs voted for the bill as did Labour MPs (30 each), splitting the National caucus almost in half. The United Future, ACT, māori Party and Mana MPs also voted for the bill. That is a diverse ideological range.

Second, they committed to really making the case, even though they believed it to be self-evident. Too many many good causes fail because, believing them to be oviously right, their originators fail to organise and articulate their “rightness”. This was not so with marriage equality. They employed a broad range of complementary strategies to appeal to different demographics and constituencies. The campaign spoke to queer people, obviously, but it also spoke to straight people; to the families and friends of those who might benefit from it. It spoke to urban liberals and rural conservatives and Māori and Pasifika and other groups. It spoke to atheists, but it did not generally alienate people of faith. It spoke to peoples’ heads, and to their hearts.

These themes — unity and commitment — are central to marriage, and they were central to this campaign for marriage equality.

Naming rights
One of the great battlegrounds in the Culture Wars is over names, and marriage equality won this hands down. This framing was not the incumbent: early battles were waged for “marriage equality” to supplant “gay marriage”/”same-sex marriage” as the preferred term, and it was successful. One example of this was by Wellington Central MP Grant Robertson, who appeared on the TV show Back Benches and suggested the change in terminology, insisting that “I didn’t just do gay parking or have gay dinner”.* This groundwork was laid long ago — there’s a substantial discourse about this piece of terminology, and all Robertson and others did was articulate it effectively. But that was important to do.

“Marriage equality” frames the cause as being about non-discrimination, a universal civil right nominally guaranteed in law and accepted (again, nominally) by a vast majority of people. It’s also an emotively-neutral term, which in this case worked to exclude stereotypically negative or controversial words — words like “gay” and “(same)-sex” — from the frame. These terms may not be generally offensive, but they do retain some valence as insults and evoke an “ick” factor in some people. Largely for this reason, opponents of marriage equality continue to use “gay marriage” and “same-sex marriage” almost exclusively. (In other contexts these terms, and stronger terms, were used within the campaign to shock or challenge, or were owned & celebrated — I certainly am not suggesting that such terminology be erased from the discourse.)

Note that there’s no discussion of “civil union” as a frame here. This was rejected outright by proponents of marriage equality as being a half-measure, a technocratic institution, and simply not an equal form of marriage.

Hearts and minds
“Marriage equality” is a strong intellectual and symbolic frame with some emotional undertones. Its intellectualism played a key role: it provided a rights-based analysis of the issues, and that rights-based analysis, in turn, provided a platform for a broader, less threatening set of frames.

The rights-based analysis on its own would probably not have won this battle. Intellectual arguments rarely win on their own, particularly when the issues are emotionally-bounded and tied into deep non-intellectual sentiments of culture, history, identity, family, faith and the role of the state, as marriage is. But an emotionally-oriented argument would probably have lacked the necessary rigour to succeed, as well, since the reasoning that marriage ought to be extended to all couples is not self-evident. The “marriage equality” frame appealed strongly to people who were willing and able to articulate the rights-based analysis, to coordinate and disseminate it, and to establish it in the public consciousness. They did so forcefully, with flair and humour, they scored the points and won the policy battle.

This activist community, who mobilised in the social and mainstream media, on the streets and outside the electorate offices, were not themselves the target audience — there aren’t enough of them and they are not widely-enough distributed to strongly influence politicians’ sense of electoral self-preservation. But these actions provided cover for the less-intellectual, but ultimately more emotionally resonant frames — especially “legalise love” — to thrive, and to reach the wider non-activist community and make them care.

“Legalise love” framed marriage equality as being about the recognition of already-existing reality, of acceptance, and diversity, and contemporary family values. Whereas “marriage equality” made a case for what was just, “legalise love” made a case for what was right. Like the best Australian Greens campaign ad the Australian Greens never made, it asked people to think of marriage as being “about love, not laws”; it evoked peoples’ experience of the gay people in their lives — their parents and children, brothers and sisters, friends and colleagues — and asked people to identify with gay couples, not in terms of their practices in the bedroom or their sense of fashion, but in terms of the quality of their love. It asked people to consider how hard it would be for their own relationships to have been declared verboten by a state and society that just didn’t get it. These are deep, emotional arguments that strike people in ways that an intellectual policy debate, no matter how clever, cannot.

Another strength of “legalise love” was its breadth. Whereas the intellectual “marriage equality” arguments were focused and direct, arguments about love and the quality of relationships touched on more expansive religious and moral themes. Importantly, the cause was framed as being integral to conventional morality, not a subversion of it, and as modern “love thy neighbour”, “live and let live” Christianity in practice, the bloviations of a handful of self-appointed conservative demagogues notwithstanding. Marriage equality was not framed as a challenge to family values, but as a manifestation of family values; to paraphrase a number of politicians, including London’s Conservative mayor Boris Johnson: marriage is great, let’s have as many as possible. David Farrar made this case well, here.

Double-framing a cause like this — running complementary intellectual and emotional arguments in parallel — is quite hard to do without getting your narratives mixed up and turning incoherent, and too often the weakest aspects of either frame can be exploited by an opponent. But if you can pull it off, it really works. It worked for Obama in 2008 (“hope” and “change”), and it worked in this case. Where the cause came under attack from rational arguments (admittedly this was rare), rational arguments were able to be deployed in defence, and when it came under attack from moral and emotional arguments, those were available as well.

But while the intellectual arguments were effective at laying the groundwork, in my view it was these emotional and moral themes, rather than the logical, rational arguments that underpinned them, that did the heavy lifting of persuasion, of shifting peoples’ consciences, not just their brains. The diverse range of arguments and appeals permitted the campaign to reach a wide demographic range, to reach into faith communities and to appeal to people outside the activist clique. Most importantly, this reach made clear to the MPs whose job it was to vote on the matter that they could, but also that they should vote in favour.

Not done yet
I have used the past tense throughout this as my reference has really only been the campaign so far, but it cannot be emphasised enough that the battle is not won. An unknown but significant number of MPs have voted for marriage equality to go to select committee for further public discussion, but have made no guarantees to support the bill in future. As Jane Clifton argues, there is a coterie of socially-conservative MPs who saw which way the vote was going to go and decided to be on the right side of history as “both a tactful and a time-buying” strategy. There will be attempts to derail this cause, to minimise and distract from it, to dilute and to neuter it. The first of these may have already emerged: Whanganui MP Chester Borrows, perhaps seeking to reprise his role as the great diplomat who proposed the “sensible” compromise position on the Section 59 child discipline repeal, is said to have proposed a compromise position on marriage equality.**

New Zealand’s Parliament passed marriage equality legislation through its first reading, and the lower house of the Tasmanian legislature is set to pass its own. I have not followed that campaign closely, but from what I have seen, many of its framing and symbolic characteristics are similar to those observed here. It is a policy whose time has come, and this is a winning strategy to enact it. Marriage equality holds the high ground; now we must retain it.

L

* Not 100% sure about the phrasing of this, and since TVNZ removed old TVNZ7 episodes from their on demand site, the video is no longer available to check. I’va amended this to match Grant’s recollection. Another twitter user, Jessica Williams points out that it was originally American comedian Liz Feldman.
** I missed this announcement and have been unable to find any detail on Borrows’ proposed compromise but I understand it was announced on Wednesday — if you have details, I would appreciate hearing them.

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.

Perverse incentives

datePosted on 21:07, December 6th, 2011 by Anita

The National-ACT spending cap:

The spending cap legislation will “within the next two years provide that core Crown operating spending … will be subject to a spending limit”, which will allow spending growth “no faster than the annual increase in the rate of population growth multiplied by the rate of inflation.”

The new regime will exclude spending on unemployment benefits, asset impairments and natural disasters.

Doesn’t that create an incentive to the public sector to increase inflation? (Only in things that individuals and families need, of course)

Not to mention incentives to:

  • not remove overstayers
  • write off assets to avoid the on-going depreciation
  • import loads of cheap foreign labour
  • increase the birthrate (that’s a longer term strategy :)
  • categorise more things as national disasters (see – I didn’t suggest they should create national disasters :)
  • and so on.

(I expect the incentives to suppress public sector wage growth and casualise the workforce are deliberate)

There may be many criticisms of the Public Sector, but no-one has ever said they can’t read the hidden signals and navigate government policy.

The Agony of Defeat.

datePosted on 11:43, November 29th, 2011 by Pablo

Well, it was a grim morning of the day after in my household on Sunday. The evil-doers prevailed and the forces of righteousness and progress were soundly spanked, with the exception of a formerly progressive party that now has gone managerial as it mainstreams to the political centre. Sure, there were some points of solace in the otherwise dark landscape of electoral outcomes, but overall the egalitarian side of the NZ political spectrum got hammered.

But all is not lost. In the scheme of things, this was not the worst election defeat I have experienced as a voter. For me, as an ex-pat Yank, that dubious honor rests with the election of Ronald Reagan in 1980. The idea that someone who epitomized prejudice, elitism, ignorance, racism, war-mongering, corporate-backed chickhawk cowardice and the utter insipidness of campaign promises could defeat a decent fellow such as Jimmy Carter actually made me fear for basic freedoms and civil rights in that country. Sure, it was not as bad as living through coups or revolutions in Latin America, where losers in the regime change had very real reason to fear for their lives. But is was as close as I have felt in a democracy to being politically at risk as a result of an election. That feeling was reaffirmed a few months later when Reagan was shot, where the response on the working class African American street where I lived was to “hope that a brother did not do it.” Such was the tone of the times that we worried more about the backlash then the fact that the president was almost killed off (and boy, were we relieved when it turned out to be a white nutter who fired the shots).

I felt nearly as bad when W. Bush was fraudulently installed as president after losing the US popular vote in 2000. However, by that time I had moved to NZ and did not have to worry about directly suffering the consequences of yet another silver spoon-fed corporate chickenhawk imperialist stealing his way into power. But I feared for what he was about to wreak on the US (where my family and close friends live) and the world at large. A decade later the proof of his folly is everywhere to be seen. Helen Clark was right: things would have been different had Al Gore rightfully been awarded the 2000 election. But all that is water under the bridge and the person copping the most flak in the aftermath is Barack Obama. Talk about inheriting a mess!

Given that backdrop I am not catatonic because the currency speculator and his band of money-grubbing bullies have been re-elected under the banner of “stability.” It could be worse, and I am thankful that when compared to the US, the bulk of the NZ political spectrum is less reactionary or retrograde. Even so, with expanded anti-terrorism laws and powers of search, surveillance and seizure all passed by the National government in recent years (something that went unnoticed in the buildup to the election), I can see encroaching authoritarianism in its second term. One only has to watch the Prime Minister’s response to hard questions to see his sense of arrogance and entitlement on display. This is a guy who is used to getting his way, however he can, without much regard for the consequences except with respect to his corporate peers. So regardless of public opinion, the PM will push his asset sales agenda, will continue to suck up to both the US and the Chinese while pursuing trade for trade’s sake, and will play as loose with the rules of the democratic game as his weakened opposition will allow him.  And by playing divide and conquer with the Maori Party and the Greens, he could well get his way across the board.

I take solace in the fact that electoral defeats are the lifeblood of democratic politics. It is not so much what the victor does after an election. It is how the losers respond that makes the difference. Losing allows parties to remove the sclerosis from their ranks and rejuvenate both personnel and policy platforms. Losing allows parties to reinvigorate in opposition. Losing forces parties to explore new policy options and ideological possibilities. Should Labour understand this simple law of democratic politics, it can regroup and compete more effectively in three years. If it does not, we could be saddled with the corporate-cuddling cabal for a third term. The question is: does Labour have it within itself to make the serious changes required for it to have relevance in the years forward?

I do see the Green Party vote increase as a positive sign even if its support is coming from disaffected Labour voters more than anywhere else. Between the Greens and Labour there is still a solid 35-37 percent of the vote, figures that could grow should National’s economic policies continue the trend of growing income disparities, elite enrichment, environmental degradation and foreign control. Since voter turnout was so low this year, a mere rise in those who vote in 2014 is bound to increase support for the Left (such as it is) because people tend to vote when they are unhappy about the status quo (apathy such as that seen in this year’s election had less to do with serious discontent and more to do with complacency and belief in a foregone outcome). Thus this moment of defeat is a ripe time for Labour to undertake the necessary changes required to come back and compete successfully in 2014. That means a major leadership shuffle as well as policy change away from the “National-lite” pro-market stance it has maintained for nearly 20 years. In other words, it needs to turn back Left, both in terms of recapturing a class line as well as more sincerely embracing post-modern progressive causes.

I do not claim any particular expertise in NZ politics and this ramble was merely sparked by my reflection on which electoral defeats were the worst for me as a voter in a democratic country. But I do think that one big redeeming feature of liberal democracy, no matter how manufactured, manipulated and corrupted it has become, is that losers are allowed to compete again at regular intervals, which gives them the opportunity to engage the internal reforms that will allow them to emerge from the ashes of even a catastrophic defeat in a better condition to win down the road. This holds true not only for the biggest loser in this year’s election, Labour, but also for such parties as ACT. After all, Winston Peters has shown that even political mummies can be resurrected without being reconstituted, so there is hope yet for even the smallest losers this time around.

Competing electoral insurgencies, in Epsom and beyond

datePosted on 10:48, July 21st, 2011 by Lew

In this post I argue that ACT’s apparent willingness to undermine the MMP system that has kept them alive isn’t so much a death wish as a wish to be welcomed back into the National party as a faction, rather than a stand-alone party; to ensure influence from within rather than relying on influence without. I wrote most of this late at night and cobbled it together from several pieces I’ve had banging around a while with some more recent stuff appended, so you have my apologies if it’s a bit disjointed.

Fairfax political journalists Andrea Vance & John Hartevelt have a pretty sharp piece up, calling the ACT-National deal in Epsom a shameless power grab. I wrote about this topic a few days ago. Their analysis is pretty good, particularly the argument that National may have difficulty compartmentalising future ACT scandals away from National, having taken such direct responsibility for shielding ACT from the rigours of electoral democracy. They also make the point that I and many others have made about the dual exploitation-illustration of MMP’s flaws:

Double dealing and horse-trading are nothing new in the battle for political survival. Perversely, as we head towards a referendum, this naked and shameless power grab undermines the very system ACT relies on for survival. The ultimate irony is that Brash wants it replaced with the supplementary member system that would probably vanquish his party.

MMP, and particularly exploitation of the free-rider rule, is what has kept ACT alive since the 2005 election, when the party’s support dipped to its record low of 1.5%. Supplementary Member is the system that Brash personally supports, and although there is no official preference, this is widely regarded as being the system most preferable to most National party members and the wider ACT party also. SM, as proposed with a 90-30 electorate-list split, would indeed be worse for ACT as an independent party, requiring it to get something like 3% 2% of the party vote to gain a list seat, even if it continued to win an electorate. Leaving aside for a moment whether this is likely or not (ACT did, in its heyday, poll well), that’s a considerable disadvantage because National would no longer have such a good reason to throw ACT an electorate seat lifeline. National’s doing so is apparently only tolerated by Epsom voters on the basis of the overall positive-sum value proposition made by John Banks: “vote for me, and I’ll bring five MPs with me on current polling”. You’d be a fool to turn that offer down. Reduce the premium to one MP and it suddenly becomes rather less appealing.

So on paper ACT supporting a non-MMP system looks like a turkey voting for an early Christmas. But I think the game goes deeper than that. ACT has in recent years abandoned its claims to being a classical liberal party, and is now basically a more hardline version of National’s dry petit-authoritarian conservatism, with a few casual nods to “freedom”, such as in alcohol policy. In recent months it has been colonised by the former right of the National party (Brash and Banks, most notably; also “National in Gumboots” Federated Farmers former president Don Nicolson). Both the former were until very recently long-standing National members whose tribal loyalty undoubtedly lies with that party. They see it as having strayed from its roots, and while they undoubtedly appreciate its newfound popularity with voters, they have repeatedly expressed strong concerns that the party has lost its way, and an intention to bring it back around by putting “reinforcing steel” into its governments (in the words of John Banks). Both, I think, would join National again in a heartbeat if National would have them, and would permit them any influence. An electoral system switch to SM makes that a more viable possibility, and brazenly exploiting both the two major flaws to which most people object in MMP — the threshold free-rider rule and the “back door” rule that lets a rejected candidate such as Don Brash back in on the list — sets up a reasonably strong case against MMP.

Supplementary Member has the worst features of both FPP and MMP. It has high noise (the variance between the makeup of the electorate’s votes and the makeup of the resultant parliament), delivers huge incumbency advantages to parties that hold many electorate seats (because there are more of them), severely marginalises smaller parties by reducing proportionality, and despite all this does not meaningfully solve the symbolic split between “legitimate” electorate-based MPs and those who ‘only’ come in on the list, nor the threshold, “back door” or “horse-trading” objections that most critics name as MMP’s worst flaws. (BK Drinkwater modeled FPP, MMP and SM against each other using election data since 1996, although bear in mind that for SM, these figures assume a 70-50 electorate-list split, which is considerably more proportionate than the 90-30 proposed).

National holds many more electorate seats than Labour, and has nearly always done so, even when its popular vote has been lower because its base of support is less concentrated in inner-city and suburban electorates. Any system of reapportioning electorates on the basis of population will continue to entrench this advantage. Under MMP, it is not a very significant advantage; under FPP and SM, however, it is. ACT’s electoral support, both in electorates and nationally, is very weak, largely because their policies are purposefully divisive, with the intent of galvanising a small proportion of “right thinking” voters against the mainstream. National’s strategy since 2006 has been to occupy the centre-ground and cannibalise Labour’s votes in a zero-sum fashion. This has been a strategy of necessity — the 2005 election demonstrated pretty categorically that divisive politics, no matter how much money you could throw at it, no matter how favourable the cultural terrain, or how good the propaganda, was not a winner for National in an MMP environment. The incumbency and electorate edvantage delivered by SM, however, would cushion them against voter discontent and permit a more hardline approach: one that included ACT as a faction within the National party, as it previously was. So under SM, ACT doesn’t need National to throw it a bone, and National doesn’t need to rort the system to extract electoral advantage: National under SM will enjoy sufficient advantage to simply absorb ACT and its policy programme, and its governments will be emboldened to enact divisive or unpopular aspects of that programme without the same fear of electoral blowback that now constrains it. ACT’s strategy is therefore an insurgency against National; one that may be permitted by National, contingent upon the adoption of a more beneficial electoral system.

A further comment on Labour’s response in Epsom is also warranted. Arthur (in comments to my post linked above) suggested that the best way to nix ACT in the 2011 election is for all Labour and Green voters to cast electorate votes for the National candidate, Paul Goldsmith, in the hope that this will send a signal to National voters who are unhappy with the horse-trading between ACT and National that it might be worth defecting. This is, in principle, a strong strategy, and it has been picked up by some Green supporters as well. But I think it’s the wrong strategy in this case, for five reasons. First, it’s a complex and counterintuitive strategy, and it’s extremely hard to get so many people (on both sides) to act against their own instincts like that. Second, the value proposition made by ACT (six for the price of one) is simply too good for a meaningful number of National voters to pass up. Third, it would require Labour to publicly endorse a National candidate, which would permit John Key to proclaim that “even the opposition supports the National party”. Fourth, the electorate demographics for Epsom don’t stack up: this electorate bleeds blue and even if a fair proportion of disgruntled Nat voters defected, I don’t think there would be enough Green and Labour voters to prevail. Fifth, it would require Labour to buy into the electoral-system rorting, making them no better than the National and ACT parties.

Labour looks like it will mount an ‘economic dry’ insurgency by standing David Parker in Epsom. This is a better strategy because it is vulnerable only to the objections two and four above (the positive-sum value proposition, and demographics). These will probably still mean that it is unsuccessful in terms of winning Labour the electorate and denying ACT parliamentary representation, but it also has the advantages of fighting the national and ACT parties on their own turf — economic responsibility — and in demonstrating that even when they’re down, Labour fights fair and respects the integrity of the electoral system. Most crucially, however, whatever strategy is adopted by the left in Epsom must be coordinated. The two proposed strategies (vote Goldsmith and vote Parker) are contradictory: one must be abandoned, and soon, in favour of the other. Because if the Green faction goes into Epsom with one strategy and the Labour faction goes in with another, there’s only one winner: ACT.

L

Rotten borough

datePosted on 22:39, July 18th, 2011 by Lew

This evening Paul Goldsmith won the Epsom candidacy for the National party. Goldsmith is was until 2010 a Citizens & Ratepayers Auckland city councillor, and has a long-standing National party affiliation.

He will be standing against ACT candidate John Banks, who is the subject of a hagiography by Goldsmith titled “John Banks: A Biography” and published a few years before Banks stood for his first term as Auckland mayor, which he won in 2001.

ACT is led by Don Brash, who is the subject of a similar tome — I haven’t read this one, so I will refrain from calling it a hagiography in such specific terms — titled “Brash: A Biography”, also by Goldsmith and published as Brash was whipping up race hatred as leader of the National party in order to win the 2005 general election, which he did not.

So unless someone can explain to me again how National is going to contest Epsom strongly by standing the hagiographer against his subjects, this is simply a renewal of the Hide-Worth electoral rort, where a nod and a wink permits National to elect Banks and exploit the free-rider loophole in MMP; all the while campaigning against MMP due to flaws such as the free-rider rule, and the ‘back door’ rule which will in all likelihood get Don Brash back into parliament despite his having been rejected in 2005 — not only by an electorate, but by the whole nation as leader of a failed National party bid for government.

And fair play to them. If the electorate won’t punish them for doing so they’d be rude not to.

L

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