The “Waihopai 3″ have been acquitted. Their act of civil disobedience, which resulted in damage to one of the domes covering eavesdropping equipment at the Echelon Signals Intelligence (SIGINT) gathering station near Blenheim, was deemed by a jury of their peers to be justified because of their sincerely held beliefs that the listening post contributed to human suffering on a world scale.

This is a remarkable verdict. The Plowshares group clearly trespassed and clearly did damage to the dome (they cut through both a perimeter fence and then the dome in order to access its interior). But their motives clearly outweighed, at least in the minds of the jury, the criminality of their actions (the charge of burglary against them was a grave mistake on the part of the Crown). The defendants pleaded not guilty to the charges of trespass, burglary and criminal damage and left the court as free men and as an inspiration to other direct action activists discontented with the status quo. One wonders if this  decision will establish not only a legal precedent but also encourage others to follow suit in pursuit of anti-status quo objectives.

I must confess to being at a loss for an explanation. As I wrote in “A Brief Comment on Spy Bases and Civil Disobedience” over at Scoop, (http://www.scoop.co.nz/stories/HL0805/S00039.htm), active acts of civil disobedience involving direct action (as opposed to the passive act school of civil disobedience exemplified by Ghandi and followed by his adherents after he was murdered) are most often premised on the perpetrators willingly understanding that their actions are in violation of conventional law, and that their actions will be punished accordingly. More often than not they plead guilty in order to make their political case at sentencing, something that spares the taxpayer the court costs of defending the charges while at the same time providing a courtroom soapbox for dissemination of their claims. Seriously committed activists often/sometimes (depending who is talking) never reach trial because they die trying. None of that occurred in this case.

I am sympathetic to the Plowshares cause although I seriously disagree with their view of the Echelon network. I applaud their willingness to stand up for their beliefs, and their use of unconventional, yet basically peaceful means to make their case. But for the life of me I cannot understand why they were acquitted, and I fear that the verdict has opened a Pandoras Box of unintended and perhaps dangerous consequences. But then again, we are talking about activities that occurred in New Zealand, although to be honest, if this action merited acquittal, what does that say about the case against the Urewera 18, who did not trespass, damage or burglarise anything?

Imagine what the outcome would have been had the Plowshares engaged their direct action in the US, UK or Australia. I reckon the verdict would have been different, and the sentences severe.

A few thousand primary school kids, dressed mostly in high-visibility gear and carrying (or wearing) makeshift traffic cones, lollipop signs and banners, have just marched through Wellington CBD escorted by police motorcyclists, ambulances and led by a highland band (bagpipes and all).

I work in a media office. Most of us spend hours every day scouring the news as it comes in – on paper, over the airwaves and on the interwebs – as a matter of our daily work. Not one of us had the faintest inkling what the march beneath our window was about, who had organised it or what end it aimed to achieve. We guess from the (excellent) adornments worn by the wee nippers and their guardians that it’s to do with proposed speed limit reductions around schools. But that’s just a guess.

Whoever organised this has achieved a remarkable feat: coordinating thousands – ok, maybe it was hundreds – of kids (which is like herding cats), gaining approval from their parents, the police, the City Council and signing up a marching band, without anyone in our esteemed media establishment hearing a word about it. That person should probably be put in charge of corporate communications for a big company or government department with a lot of bad news – one of the power companies, perhaps, or a trading bank.

Incidentally, if school speed limits is the cause being protested, then I fully support it. There’s a school near where I live which is at the bottom of a 70k/h hill, and the thought of sending their precious dear things down that road each day must give local parents conniptions. I have it on good authority that the local AOS sergeant, who has a kid at the school, spends his off hours parked up there issuing tickets in addition to his ordinary policing workload. Not ideal.

L

Paul Henry led TV One’s Close Up the other evening with disbelief that GetAcross – “just a few protesters” – could bring Auckland to “a virtual standstill”, and that the police were “powerless to stop them – almost unwilling to stop them”.

Yes, that is amazing.

But he goes on:

But that’s what happened yesterday when protesters broke through barriers and walked across the Harbour Bridge, raising the spectre of just how vulnerable we are to civil disobedience.

Hang on a minute. “Vulnerable” denotes susceptibility to attack, and this construction therefore defines “civil disobedience” as an attack on society, or at least on Auckland. But civil disobedience as a form of activism, an agent of social change or a means of engaging people in the wider political process is by definition not an attack, but one of the `institutions of societal democracy’ referred to in Pablo’s recent post on the topic; a civic duty, to use Thoreau’s formulation, rather than an act of social destructiveness. That the police didn’t – or couldn’t – prevent it by force seems to me a good thing for our society, and I might add a refreshing change from former attitudes toward peaceful protest.

This wasn’t an attack which weakened society, it was an action which could strengthen it by demonstrating that when you want something, there’s no better way to get it than to make your views known. The GetAcross action didn’t result in violence, property damage, serious disorder or anything of the sort – all it did was show up a critical weak link in Auckland’s infrastructure chain. When a couple of thousand – at most – people on bikes can cause tens of thousands of people to become stuck in traffic just by crossing one bridge, once, there are more serious problems than the protest action. If by simply adding a lane two metres wide, ARTA could prevent this from ever having to happen again – then why wouldn’t they? If not, then aren’t they asking for the weak link to be tested, again and again?

L

Update: To my great delight, James at Editing The Herald has skewered Garth George’s latest set of authoritarian mutterings about this topic on the sharp spike of the the black civil rights movement. Party on, James.

Hand crafts have been woven into many forms of activism over the last few decades; as symbols o the rejection of mass produced consumer goods, as opportunities for individual expression, and as a way of challenging the sterile cities we live in. Rayna Fahey of the Radical Cross Stitch and the Melbourne Revolutionary Craft Circle will be speaking in Wellington this Tuesday night about crafts and social justice.

I was lucky enough to grow up in a home where I learned to cook, sew, garden, embroider, knit and do origami. My extended family repertoire included pottery, batik, awesome cookery, and a variety of other fabric and craft arts. I remember the people who have shared new crafts with me over the years; the women who taught me to pour candles, the girl with whom I made incense, the woman who showed me how to reweave in threads to fix embroidery mistakes.

Every one of those people has left an imprint of caring on my life – that is a big part of what craftivism is, valuing each individual and each conversation, remembering our unique skills and talents. Without that we would be no more than cogs in a factory line.

The 2007 police raids on an assortment of activists sparked heated debate amongst progressives throughout the country about the merits of direct action. Some, whom I shall unfairly label the “soft” Left, argue that under  no circumstances should violence be used in pursuit of political ideals. Others, who I shall flatter with the label “hard” Left, argue that under certain circumstances the resort to violence is justified. How do we reconcile these views?

Please note that I shall not be referring here to issues of right wing praxis. Besides the fact that I think that the ultra-Right are beneath contempt, I do not want to offer any pointers they might not already have. I will note, however, that it is curious that the Police and SIS focus their attention on Left activists and appear singularly uninterested in according the same treatment to neo-nazis, skinheads, anti-Semites and Aryan survivalists even though these losers openly advocate violence against people on their websites and in their communiques, and have a history of violence against those they hate. Perhaps it is a bias on the part of the Police and SIS; perhaps it is because the ultra-Right are inept, but either way, the double standard seems weird.

Getting back to the point, what constitutes legitimate direct action in Aotearoa? Let us begin with two simple definitions. Direct action is the use of non-institutionalised (to include illegal), highly symbolic methods of resistance, protest, grievance or voice in pursuit of political objectives. Praxis is the melding of theory and practice into a coherent strategy of action. From a praxis standpoint, the nature of the cause matters less than the nature of the action (although the people involved may disagree). The resort to extra-institutional forms of redress is designed to highlight the cause or issue that is the focus of the action. But to be successful, direct action has to follow some simple rules: 1) it must raise public consciousness about the issue in a way that institutionalised channels and agencies can or do not; 2) it must force a government and/or private agent’s reaction that otherwise would not obtain; 3) it must elicit majority sympathy for the action or empathy for the cause. This last point is important because it brings up the issue of the threshold of toleration, which is the point at which favourable public reaction tips over into rejection. The key for direct action adherents is to get as close to that threshold of toleration without stepping over it and producing a negative backlash against both the activists and their cause. So long as they stay within the threshold of toleration, their actions will be successful (whether or not they are arrested or charged for violating criminal or civil statutes). Finally, direct action adherents must accept the legal consequences of their actions and be prepared to use the judicial system as an echo chamber and bully pulpit in which to reiterate the justice of their cause.

The main issue confronting the direct action advocate is to ascertain the limits of the permissible. In  New Zealand, it appears that regardless of cause, violence against people is not acceptable to the majority. The irony of NZ government-ordered  brutality against protestors notwithstanding (say, during the 1954 dockworkers strike or Springbok tour), it is clear that the majority of New Zealanders abhor political violence against persons. Hence, “terrorists” will find little fertile ground here, and anything that results in physical harm or the threat of harm to people is likely to elicit a negative reaction from the pubic. But what about things such as spitting or throwing excrement or blood on others? Is that within the threshold of toleration? In NZ, I would think not.

On the other hand, violence against property, be it public or private, is more open to discussion.  With sedition laws no longer in force, where are the limits to physical assaults on property? Is throwing a brick through a bank window an acceptable protest against corporate greed? Is painting a statue or monument in blood legitimate? Is setting fire to a mosque or synagogue acceptable protest against the perceived transgressions of the Taliban, al-Qaeda or Israel? Is trying to occupy NZDF headquarters acceptable protest against NZ involvement in foreign conflicts? Is destroying animal testing facilities OK? Is sabotaging rail lines to impede coal shipments within the threshold of toleration? Is tree-spiking a legitimate tactic? Is running around the bush throwing molotovs while talking trash about race wars and traitorous politicians a valid direct action precursor (or sidebar)?  Although the specific answers to these questions may or may not be easily found, the broader issue is finding the appropriate threshold of toleration for a given type of direct action given the context in which it is engaged.

By the rules I outlined above, the Waihopai Plowshares direct action was a success. Some may think it ineffectual since the Echelon eavesdropping stations remain operative, but the point was never to physically stop the operation (which is why the activists did not damage equipment once inside the dome). It was done in order to raise public awareness and questions about NZ’s participation in the Echelon network, and the action most certainly did that. On the other hand, threatening the spouses and children of pharmaceutical company executives over the latter’s role in animal testing is an example of crossing the threshold of toleration. Whatever the justice of the cause, threatening to harm people not directly involved in animal testing–especially children–is bound to elicit a negative reaction from the public majority. It is therefore counter-productive, even if many believe that executives need to be held directly and physically accountable for the corporate logics of profit that justify the exploitation and torture of animals for human benefit.

I could go on but the thrust of my argument should by now be clear. Direct action is an effective political tactic if it follows certain guidelines. It must differentiate between the target of the action (let’s say, the US embassy, which has been chosen to be flour-bombed ), the object of the action (to raise awareness of, lets say, extraordinary rendition and secret detention centres in which torture is practiced as an interrogation technique), and the subject of the action (the NZ government and public, so as to put pressure from both on US diplomats that NZ does not condone or accept such practices).  The purpose of the hypothetical illustration is not be polemical but instead to chart the ends-means sequence that needs to inform direct action for it to be successful.

The bottom line is this. Direct action is a legitimate political tactic when institutional channels fail. The nature of the action depends on the cause espoused and the society involved, since the threshold of toleration varies from culture to culture and political society to political society. What might be an acceptable form of direct action in Nigeria may not be so acceptable in NZ. Thus the main “problem set” for activists is to determine the toleration threshold for a given form of direct action in a particular socio-political context, Having done that, it is on to the barricades, comrades, y hasta la victoria, siempre, companeros!