Posts Tagged ‘Civil disobedience’

Too Clever.

datePosted on 15:59, February 11th, 2016 by Pablo

The TPPA signing came and went, as did the nation-wide protests against it. I did not think that the government was going to be swayed from publicly commemorating what it considers to be the crown jewel of its trade-dominated foreign policy, but I had hoped that the numbers turning out to protest would add up to more than 100,000. At least that way the government could be put on notice that a sizeable portion of the electorate were unhappy about the surrender of sovereignty to corporate interests enshrined in the 6000 page text. Alas, the numbers assembled came nowhere close.

One interesting sidebar was the decision to stage a parallel protest at the Sky City complex  rather than join with the larger protest march down Queen Street. The specific objective of the Sky City protest was ostensibly to use so-called non-violent direct action (NVDA) and other acts of civil disobedience to block the streets surrounding the gambling complex. In the build up to signing (and protest) day the leaders of the two rival demonstrations publicly debated and largely disagreed on the merits of each. The Queen Street march organisers were concerned that any pushing and shoving at Sky City would feed into the government’s narrative that the matter was a law and order issue (following reports that the police had conducted riot control refresher training and door knocked activists warning them about the consequences of unruly acts). The leaders of the Sky City blockade argued that peaceful marches were simply ineffectual and were ignored by policy-makers. As it turns out, both were right.

The Sky City protesters, some of whom showed up in helmets and assorted face coverings, were forcibly prevented by the Police from effectively shutting down access to and from the venue and surrounding areas. The activists responded by engaging in a series of rolling blockades of major intersections, including the Cook Street on-ramp leading to the Harbour Bridge and Northern Motorway. This continued well after the signing ceremony was over and while the Queen Street march was still in progress. That had the effect of causing gridlock in the Auckland CBD.

Coincidentally or not, there was a bus strike that day. Although Auckland Council allowed its employees to work from home, many other entities did not. That meant that people who normally used buses to get to work had to use alternative transportation, including cars. That added to the number of cars on Auckland inner city roads at the time of the rolling blockades. Needless to say, motorists were not happy with the seemingly random temporary road closures in and around the CBD.

That is why things got too clever. As a tactical response to the police thwarting of the initial action, the move to rolling blockades was ingenious. But that bit of tactical ingenuity superseded the strategic objective, which was to draw attention to the extent of TPPA opposition. In fact, it appeared that the Sky City activists were trying to outdo each other in their attempts to make a point, but in doing so lost sight of the original point they were trying to make. After all, blocking people from leaving the city after the signing ceremony was over was not going to win over hearts and minds when it comes to opposing the TPPA. Plus, it displayed a callous disregard for the motorists affected. What if someone was rushing to a hospital to be with their badly injured child or terminally ill parent? What about those who needed to get to work on time so as to not be docked pay? What about cabbies and delivery people who earn their livings from their vehicles? None of this seems to have factored into the blockader’s minds. Instead, they seemed intent on proving to each other how committed they were to causing disruption regardless of consequence to others.

I have seen this before in other places, most recently in Greece, where anarchists and Trotskyites (in particular but not exclusively) infiltrate peaceful protests and engage in acts of violence in order to provoke what are known as “police riots” (a situation where isolated assaults on individual police officers eventually causes them to collectively lash out indiscriminately at protesters). Fortunately, NZ does not have the type of violent activist whose interest is in causing a police riot. Unfortunately, it has activists who seemingly are more interested in establishing and maintaining their street credentials as “radicals” or “militants” than using protest and civil disobedience as an effective counter-hegemonic tool. So what ended up happening was that the Sky City protestors were portrayed by the corporate media and authorities as anti-social misfits with no regard for others while the Queen Street march was briefly acknowledged, then forgotten.

On a more positive note, Jane Kelsey has to be congratulated for almost single-handedly re-defnining the terms of the debate about TPPA and keeping it in the public eye. As someone who walks the walk as well as talk the talk, she was one of the leaders of the Queen Street march and has comported herself with grace and dignity in the face of vicious smears by government officials and right wing pundits lacking half the integrity she has. I disagree about the concerns she and others have raised about secrecy during the negotiations, in part because I know from my reading and practical experience while working for the US government that all diplomatic negotiations, especially those that are complex and multi-state in nature, are conducted privately and only revealed (if at all) to the public upon completion of negotiations (if and when they are).

For example, the NZ public did not get to see the terms of the Wellington and Washington Agreements restoring NZ as a first-tier security partner of the US until after they were signed, and even today most of their content has been ignored by the press and no protests have occurred over the fact that such sensitive binding security arrangements were decided without public consultation. More specifically with regards to the TPPA, no public consultations were held in any of the 12 signatory states, and in the non-democratic regimes governing some of those states the full details have still not been released. Even so, I do think that it was a good opposition ploy to harp about “secrecy” as it simply does not smell right to those not versed in inter-state negotiations. In any event, what Ms. Kelsey did was exactly what public intellectuals should be doing more often–informing and influencing public opinion for the common good rather than in pursuit of financial or political favour.

I would suggest that opponents of the TPPA focus their attention on the Maori Party and its MPs. The Green Party’s opposition to TPPA is principled, NZ First’s opposition is in line with its economic nationalism and the Labour Party’s opposition is clearly tactical and opportunistic (at least among some of its leaders). So the question is how to wrestle votes away from the government side of the aisle when it comes to ratification. Peter Dunne and David Seymour are not going to be swayed to change sides, but the Maori Party are in a bit of an electoral predicament if they chose to once again side with the economic neo-colonialists in the National government.

For all the sitting down in the middle of public roadways, it may turn out that old fashioned hardball politicking may be the key to successfully stymying ratification of the TPPA in its present form.

Now THAT would be clever.

 

Anchor me

datePosted on 08:46, October 5th, 2010 by Lew

Indian-born Hawkes Bay-resident overstayers Sital and Usha Ram are to be deported with or without their three children, who are New Zealand citizens aged eight and six. These are not ‘anchor babies’ in the US sense that that hate-term is employed; no attempt has been made by the Rams to mislead Immigration or to hide from the authorities, nor are they using their childrens’ citizenship status to thumb their noses at the powers that be. This is, for all intents and purposes, a model New Zealand family.

The children, as New Zealand citizens, have a “cardinal and absolute right of residence” according to a 2008 judicial ruling, which means they can on no account be deported. This is where they belong, it’s where they live, the only place in the world they can do so in full legality, since it is impossible to exchange their New Zealand citizenship for Indian citizenship until they turn 18 (and indeed, nobody can force them to do so).

As the article says, they face a terrible choice: return to India and condemn their children to a life of poverty, or return to India alone and leave their children behind. But it’s not really much of a choice: they can’t simply abandon their children in either sense. Fundamentally, the terrible choice is faced by the government, who must decide whether to tear a family quite literally apart, permanently. To demonstrate their loyalty both to their children and to their country and therefore to win this battle in the public view, the Rams need do nothing more than peacefully resist being separated from their children. Call the government’s bluff. Let Immigration enforcers tear apart mother and daughter, father and sons. Let them carry the parents bodily to the paddywagon, and from the paddywagon to the waiting aircraft. Let it be known that this is the government’s doing; their choice, not that of the parents. This is a chance to force the government to actually do the dirty work of eviction and deportation, to undertake the harsh deeds which their tough-on-everything rhetoric implies. And they should be forced to put their actions where their words are.

So my advice to Usha and Sital Ram is: invite John Campbell into your home. Let him and his camera crew be present at the time of the forcible separation; in your living room and at the airport, and let the whole world watch, and listen to the wailing. The narrative will be big bad Muldoonist Daddy State jack-boot dawn raids, breaking down doors and wrecking families in 2010 as in 1980, and the country will need to decide: is this who we are? Does this represent us and our aspirational, compassionate, multicultural society?

And, as Pablo suggests in his recent post about Paul Henry, it’s a question which needs to be answered.

Update: As usual it’s occurred to me that a poet has previously expressed my core argument in two lines:

Do not go gentle into that good night,
Rage, rage against the dying of the light.
(Dylan Thomas)

L

Fighting symbolism with symbolism

datePosted on 08:15, April 8th, 2010 by Lew

So the Crown, having had their appeal against the Waihopai 3’s acquittal (about which Pablo wrote an excellent post) dismissed, is considering a civil case against them, to recover the $1.1 million cost of the damage to the dome and fences surrounding the satellite dish.

In politics it is usually best to fight symbolism with symbolism; once a topic or policy matter is being debated in symbolic terms, in general no amount of fact or logic or reason will prevail against it. This often promotes an arms race — the party to a debate who introduces symbolic aspects to their discourse gets to set the agenda, to define what the debate is about, and this is clearly so with the Waihopai 3. While the customary analysis of the protest action is that it took place one morning in April 2008, with a slight return in the criminal court during March 2010, but all this demonstrates is that people don’t really understand the nature of this protest. It is ongoing. This morning, Peter Murnane responded with some puzzlement to Sean Plunket’s question “Do you have any further protest actions planned?” by saying “No […] well, we’re busy with this one.” That’s the point: Defending their actions on truthful, legitimate and principled grounds in the full glare of public scrutiny is the protest. Contrary to another current case, the Waihopai 3 have stood up and said the non-blasphemous equivalent of “you’re goddamned right I did”, and are willing to accept the consequences of their actions — but only once they’ve made their position clear. And they expect that their commitment to principle and legitimate due process is reciprocated by the Crown, and if sued will call for representatives of the GCSB to face them in court. This places the Crown in an invidious position: it cannot permit senior intelligence and security staff to be dragged into this matter, but if it fails to do so it will cede the symbolic field to Ploughshares, and the legitimacy of its position will be further eroded.

For the Crown to seek reparation would be fair and just: the actions of the Waihopai 3 cost the NZ taxpayer money and the Crown has a right to recover that via legitimate legal means. But because the Waihopai Three have set the terms of the symbolic debate and have everything to gain and nothing whatsoever to lose from the case, it is a fool’s errand. While, as Bill Hodge says, the Crown has an “invincible case” in the civil court, the battle is not being waged in the court, but in people’s hearts and minds. The Waihopai 3 claim they have no money, and this seems plausible. So the only reason for the Crown to take a case against them is to demonstrate that the organs of power are not to be trifled with, and that even if a jury will acquit for a good cause, an appealing idealistic argument, or an integrous and principled stand such actions cannot be undertaken with impunity. A display of power, if you like, though not an especially vulgar one. Such a display may serve the social purpose of quelling the urges of overenthusiastic and legally (not to mention ethically) illiterate anti-abortionists, and will have some currency among the not-so-closeted authoritarians who bayed for the blood of these peaceful protesters in April 2008 and again in March 2010. But to the extent that the government seeks to retain its dignity, this will be cold comfort indeed.

L

Life mimicking art: we can handle the truth

datePosted on 09:12, February 8th, 2010 by Lew

Tom Cruise’s finest hour.

Cameron Slater will appear in court tomorrow to defend charges relating to name suppression breaches. Based on my non-legal understanding of the situation, he will defend the charges on a series of technicalities when it has been obvious even to casual observers that he knew what he was doing, that he doesn’t believe he has done the slightest thing wrong, and indeed that he is intensifying and expanding his campaign for reform of (some aspects of) the justice system.

Defending this through spurious legal chicanery seems wrong-headed to me. I disagree (vehemently) with what Slater has said and done, but I am wholly in favour of his right to hold the opinions he holds and think that if he acted on them in good conscience then those acts should be robustly defended on their merits as social critique. If they are to have any legitimacy, acts of civil disobedience (though some might call this uncivil) must not be resiled from, because backing away and making excuses to get off on a technicality robs the enterprise of its only strength: that it is a principled stance against a status quo which is wrong or unjust.

I think it should be obvious enough that there is some dissatisfaction with the state of name suppression law at present, and while the Law Society have released an excellent review, the debate has not filtered down into the general public in any meaningful way as yet. Even though I largely approve of the current state of affairs, I think it’s a debate worth having; I’m not afraid to have it, but I think it should be had in the cool light of day, unshielded by shady innuendo and legal fiction.

So, Cameron, my suggestion to you is this: if you really want to reform name suppression laws (and the wider justice system), get up on your hind legs in court, say something along the lines of “you’re goddamn right I did”, take your lumps and kick off the public debate with some credibility. Standing up for what you believe is not only a right; in civil society it’s a responsibility. If you gave action to your conscience and you do not resile from it, don’t hide behind lawyers: be proud of what you did. We can handle the truth.

L

Civil disobedience is not an attack

datePosted on 12:10, May 28th, 2009 by Lew

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.