Posts Tagged ‘David Garrett’

Frayed at the edges.

datePosted on 15:15, July 13th, 2011 by Pablo

Coming home after witnessing the Singaporean elections in May, it has been interesting to watch the preludes to New Zealand’s elections in November. In SG it was a matter of all against one, with the “all” in opposition being heavily constrained in what they could  do or say by the ruling party. Even so, opposition to the PAP gained parliamentary seats and an increased popular vote. Voter turnout was higher than in previous years, and the youth vote was an important factor in the outcome. There was a clear dividing line between pro-regime and opposition parties, with political identities drawn over issues of authoritarian efficiency versus increased accountability, material entitlements, transparency and representation. There was a focus to the electoral debate.

It seems that in New Zealand there is no such clear-cut divide along the political centre. Instead there exists a political spectrum that is frayed along the edges and which has an ideological void in the middle.  ACT is splintering, as did the Maori Party once Hone Harawira quit. The common denominator is that on both ends of the New Zealand electoral divide, where the most ideological elements of political society reside, there is a complete lack of unity, much less understanding of the need for a common class line. This plays into the hands of the mainstream parties. At the risk of over-simplification and claiming no particular expertise, let me sketch the broad contours.

The putsch against Rodney Hide was a triumph of the market ideologues over the social conservatives in the ACT party. The Garrett scandal, the odd views of some of its MPs and Hide’s increasingly populist rhetoric are seen as deviations from the neoliberal market ideology that is supposedly the core of the ACT belief system. When Hide became vulnerable over his use of taxpayer money (the perk-buster was found to be more of a perk-consumer), the market ideologues moved against him. Concerned about demographics, ACT has managed to secure a commitment to stand from an influential female ex pat blogger with a reputation for brutal honesty and corporate savvy. It also recruited a farmer.

Once the Don was installed as the new Leader, ACT showed another face–that of racial revanchist. Crossing the market ideologue/social conservative divide, there is some serious opposition within ACT to maori redistributive claims and the erosion of Pakeha prerogatives under the banner of political correctness. Rather than delve into the reasons for its opposition, ACT has chosen to publicly focus on individual maori that it describes as extremists who are holding the country financially hostage with their ongoing demands. Among these is Hone Harawira. This is not a view shared by all market ideologues in the party, so the “white cowards” have been called out by the revanchists. What is lost in the intra-party discussion about identity and cultural claims is the common class line that ostensibly binds ACT together–that of the trade-oriented corporate elite. Whatever they think in private, this elite is bound to be horrified by the presence of racial revanchists in the Party, which could reduce the amount of material and political support that they will pledge to it. Absent a coherent structural underpinning to its other ideological claims, ACT has little to offer even them.

The Maori Party has done likewise. It was never a progressive party, but instead is a socially conservative vehicle that represents the interests of the maori economic elite and important iwi (specifically, leadership hierarchies). Its major focus is on ownership within the legal structures as given, and on specific budgetary earmarks for maori given Crown obligations under the Treaty. This is a source of division with the likes of Harawira, who sees things from a working class, indigenous sovereignty perspective.

The Mana Party is a reflection of the latter view, to which have been added those of assorted communists, socialists, anarchists and maori rights activists who can be roughly divided between (mostly Pakeha) anti-imperialists and (mostly maori)  indigenous sovereignty supporters. There is considerable overlap between the two camps, although the issue of native ownership is a thorny subject for the marxists. Here too there is a lack of a consistent class line, or structural foundation, upon which to build the cultural and socio-political bases of the party. Some in Mana put indigenous rights above all other things; others put working class interests to the fore. Neither side has a realistic economic agenda given New Zealand’s structural realities.

There is also a cult of personality aspect to Mana that belies its progressive label. Rather than represent a Kiwi version of Malcolm X as some have suggested, Hone is more akin to the Reverend Al Sharpton. He is loud, he is proud, but he is not exactly a revolutionary threat to the system. Unlike X, who did not allow whites into his party and who preached on the merits of  voluntary self-segregation and the need for a separate black state within the US based upon economic independence, Hone accepts Pakeha support while fulminating against colonial injustices and their modern legacies. He acts as an agent provocateur rather than an agent for change. Given the views of the anti-capitalists in the Mana party whose priorities are more class-based than identity-driven, this does not make for ideological coherence between the base and the leader.

The Greens have moved away from their Left origins and settled into the role of responsible middle class party with a focus on sustainable development. Having mostly removed the red from the party watermelon, the second generation of Green party leaders have become the preferred channel of expression for environmentally aware voters with an interest in universal rights, egalitarianism, sovereignty and non-intervention (to include opposition to trade agreements without environmental and human rights provisions). This makes it a comfortable partner for Labour, a bridge between the Maori and Mana parties in areas of common concern, and an inoffensive adversary of National that can be worked with on specific issues. In spite of their attractiveness to the enlightened bougeousie, the Greens have no class line.

The absence of strong class orientations, be it Right or Left, along the fringe of NZ politics is  in part a deliberate result of the blurring of class lines and focus on economic individualism promoted over the least two decades by the two major parties. Both parties subscribe to market-driven logics, tempered by populist appeals around election time. Both represent the interests of corporate, rather than class actors–National defends the logic of the Round Table while Labour defends that of the union movement and domestic market capitalists. Neither represents the interests of a given class, but instead attempt to cross over voter preferences with catch-all appeals oriented towards the economic centre: the salaried middle classes. The latter are the swing voters who are less inclined to see themselves as a distinct interest group, are less ideological in their views, and who have not collectively organised to that effect. By  targeting this segment of the electorate the mainstream parties are able to give the interests of their supporting corporate class fractions much broader political appeal.

In New Zealand the electoral fringe holds less popular sway than before, and has less of an influence on mainstream politics. It will not matter in November’s electoral math, and some parties may well disappear. This is a pity because at a minimum the ideological fringe in an MMP system is useful as a means of keeping the centrist parties more honest when it comes to issues of class, race and public policy interest. Ideally, fringe parties provide the outer ideological markers that frame policy debate at any given moment. Absent a coherent ideology embedded in a class line amongst fringe parties, the parameters for policy debate narrow considerably. Given non-ideological competition between the major parties, this leads to unrepresentative distortions in the way in which policy reform is argued and made.

Admittedly, this is a very broad, subjective and impressionistic overview. Supporters of the parties in question will no doubt take exception to my views. Others will see my emphasis misplaced or that I am just plain wrong on specifics. I will happily stand corrected where necessary. What I have tried to do is not argue the details but note the larger trend. The lack of a class line in New Zealand’s political fringe is both a product and a reinforcement of the corporatisation of mainstream politics and popular culture, with policy debates stripped of structurally-based ideological content and confined to those areas in which corporate solutions are possible. Stripping ideological content from public policy debates diminishes the quality of democracy. In a society anchored in structural inequalities (however mystified by issues of identity and post-modernism), the absence of class-based ideological debate leaves the field of politics open to corporate elite domination, no matter how much “trickle down” policy proposals are offered during political campaigns. There is, in other words, no substantive class focus to political debate even during elections.

In November we will be reminded of that fact.

 

White Queen

datePosted on 15:17, March 17th, 2011 by Lew

Andrew Geddis has a good post up on Pundit about Hilary Calvert and her apparent ignorance of the Humpty Dumpty scene from Through the Looking-Glass.

The extent of Calvert’s idiocy being so egregious, it seems a mite churlish to point out — in addition to failures of basic logic and lawyerly literary culture — the flaws of historical and legal reasoning in her now-famous speech on the foreshore and seabed topic. But Calvert dug her own pit when she wittered on about tangata whenua “crawling on the seabed” like some sort of primitive bottom-dwelling life forms, holding their breath for the better part of two centuries, and the length of a cannon-shot — and the following can’t go unmentioned. Despite being a big-city property lawyer, Hilary Calvert apparently hasn’t done the first bit of research into the basic legal history of this particular property-rights debate. The Muriwhenua report of the Waitangi Tribunal (Wai 22), one of the mechanisms which resulted in fishery rights being vested in various iwi (the “Sealord deal”), is a very well-known and documented case, and covered the matter of indigenous control of coastal waters in considerable detail. Its findings were robust, and were summarised as follows in the report of the Foreshore & Seabed Review Panel:

The Tribunal, which heard detailed evidence on that particular district, concluded that there was an ‘inner’ zone related to the continental shelf, stretching 12 miles out from shore. The hapū and tribes of Muriwhenua had full control over fishing and passage inside that zone. They claimed the same rights further out, but only insofar as they could be enforced against challengers. In the ‘Māori idiom the hapū and tribes of Muriwhenua held the “mana” or “authority” of the whole of the Muriwhenua seas’ within a minimum of the 12-mile zone. The nearest British cultural equivalent, the Tribunal found, ‘is to consider that they exercised “dominion” over that part, or “owned” it as part of their territorial waters’. We accept this view that Māori tribes had dominion over their territorial waters as at 1840, and that in the particular circumstances of the Muriwhenua district, it extended for at least 12 miles out to sea.

So neither Calvert nor anyone in the ACT research unit who checks speeches for accuracy (yeah, permit me a little poetic liberty) has even read the definitive public document from which this replacement law has emerged — let alone attained even a passing familiarity with the basic historical situation which underpins the argument around customary property rights to the coastal marine area. ACT don’t even understand the legal situation regarding the foreshore and seabed review; they oppose it viscerally, without even really knowing or thinking about why. Let me be clear: there are good reasons to oppose the passage of this bill. Although I don’t personally agree, I’ll even go so far as to say that there could be good, principled reasons to oppose this bill because it goes too far in compensating tangata whenua. The reasons being stated by ACT in general and Hilary Calvert in particular are not such reasons, by any meaningful standard.

ACT’s position prior to this week was bad enough; this week it has degenerated into farce. In Through the Looking-Glass the White Queen believes six impossible things before breakfast, and lives in backwards, looking-glass time. On the basis of this performance one has to wonder whether Calvert, once apparently a pretty sharp operator, is finding that her faculties of critical and professional reasoning are becoming atrophied. Though, as someone on Danyl’s blog remarked yesterday, it pays to remember that she was ranked below David Garrett on the party list.

L

Hang ’em high

datePosted on 12:16, October 8th, 2010 by Lew

Labour Supercity candidate Daljit Singh, standing for election to the Otara-Papatoetoe Local Board, has been revealed as one of those charged with voting fraud-related offences. As Idiot/Savant says, it’s awful that this information didn’t come out earlier so that he could be punished electorally as well as judicially, but this is part of the price we pay for a robust justice system.

However, the fact that Singh has avoided his due scrutiny thus far (and, farcically, may yet be duly elected to the board) makes strict attention to his case all the more important, and places a heavier burden on those who are associated with him –and in particular on the Labour party whom he represents — to respond swiftly and decisively to divorce themselves from Singh and his alleged misdeeds. This must take cognisance of the fact that he has not yet been convicted of anything and it may be conditional and hypothetical, but if Labour have learned anything at all from the Taito Phillip Field scandal, it’s that a lesser test than ‘convicted in a criminal court’ must apply with regard to such matters.

In the interim Singh’s erstwhile allies must assess the evidence and base their response on judgements as to its veracity, but the moment his guilt is admitted or proven, they must be the first to call for his (figurative) hanging; because they stood to benefit from his fraud, they must condemn it all the more loudly. Singh and Labour’s enemies can be relied upon to do so; his allies must also. Andrew Little has initially done so, and this is heartening. IrishBill at The Standard, as an allied third party, has done likewise.

It is also perfectly legitimate to draw links between Singh and others’ alleged wrongdoing and Labour’s own fundamental standards and character, since candidates by definition represent the party. While one rotten apple does not (as many will certainly argue) imply a party of inveterate crooks, this latest incident on top of the Field affair, Labour’s steadfast support for Winston Peters through the Owen Glenn donation scandal, and continuing perverse behaviour by Chris Carter (I could list more examples) do certainly speak to crucial failures of judgement when it comes to the party’s selection and endorsement of both candidates and allies. If the rumoured pecadilloes of Richard Worth, the overt bigotry and criminal background of David Garrett, and the blundering damfoolishness of Melissa Lee (there are more examples here also) can be said to illustrate the character of the ACT and National parties (and I believe they can) then the same must surely hold true for Labour. Whatever speaks to character speaks to the heart and soul of a political movement, and by this standard Singh’s implication in voter fraud, if proven, will be a lifelong stain on the party which admitted and endorsed him.

And if anyone so much as breathes words like courageous corruption in apologia for Singh and whoever else, hoist them by the same rope. Democracy’s ends are only as good as the weakest part of its means.

L

An Armed Crowd is a Polite Crowd.

datePosted on 17:51, April 2nd, 2010 by Pablo

I heard this phrase when living on a ranch on the Arizona-Mexico border in the early 1990s. It was prompted by my asking a bartender at a local saloon if she felt threatened by the crowd of drunken, armed cowboys in the establishment one evening.  In that environment, it made perfect sense (in fact, Arizona has just legislated that a person can carry a concealed firearm without a permit, loosening the laws in force during my time in the state which allowed for the open carrying of firearms without a permit but which required a concealed weapons permit). In fact, on repeated visits to that watering hole I never once saw anyone raise their voice in serious anger.

I mention this because statistics have recently been released that show that the incidence of violent crime in NZ has increased exponentially in the last five years. That has led to the National government talking about “getting tough” on crime along the lines frequently barked by its ACT closet authoritarian partners.

But what does it mean to “get tough” on crime? More incarcerations? Longer sentences? More arrests? More convictions? More confiscations of property? More severe punishments? Reinstitution of the death penalty for heinous crimes? More tasering? Arming the community constables? Expanding the armed offenders squads? Increasing liquor bans in public places?  Having the police using more armed force when dealing with crowd control, gang and other collective disturbances? Increasing youth sentences?

I mention this because “getting tough” on crime, at least when phrased in the above terms, does not address the causal mechanisms behind the upsurge in violent crime (which I agree has increased and now become a serious pathology in NZ civil society). One can seek explanations for causes in many places: exposure to media-provided violence at a young age, dysfunctional familities, bullying culture, the pervasive influence of alcohol, the long-standing tradition of civil disobedience and passive resistance practiced by some communities and individuals, now taken to new extremes, the degeneration of popular and civic culture into venal self-absorption–the list of possible causes is long.  But what does “getting tough” have to do with any of these possible causes? Unless a more draconian criminal system is seen as a deterrent to violent crime (and there is much dispute about the deterrent value of things such as capital punishment), how exactly is “getting tough” on crime going to solve the problem?

I must confess to being of two minds, because as an immigrant from the US I have always felt that punishment for serious offenses was a bit of a joke in NZ and that there are not enough resources dedicated to crime-fighting  (in fact, I still believe that NZ is a country where one can literally get away with murder if cunning and meticulous). But I also know that the “tougher” US approach to crime also has done little to nothing to drive down crime rates (in fact, the “broken windows” approach to petty crime adopted in New York City in the 1990s, and in which worked marvels in lowering the overall crime rate in that city, was focused on early intervention at the lower end of criminality rather than on increased punishment for more serious offenses). Instead, US violent crimes rates, not surprisingly, lowered as the economy expanded in the late 1990s and early 2000s, and, not surprisngly, have increased since the recession began to bite hard in 2008. Which is to say, although the violence of socio and psychopaths is unaffected by economic cycles, much of the residual acts of violence tend to overlap with economic downturns when unmitigated by early intervention or causal prevention schemes.

Which brings back the cause-effect–response syllogism mentioned earlier. There is a reason why that crowd in the border town saloon was armed. At the time there were only 2 sherriff’s deputies avaliable to patrol over 1000 square miles of national forest and ranchland strung along the border and extending some 20-50 miles northward. Besides the various stinging and biting small critters and large predators (bears, big cats) that stalked the Sonoran high plateau and mountain ranges in which our properties were located, there were human dangers emanating from across the border as well as from within Arizona itself (organised crime drug smuggling and survivalist militas, respectively). Absent the protection of the state in such remote locales, people actually practiced the concept of self-defense because to not do so invited serious victimisation, often of a terminal sort. As the saying goes, the best home insurance policy one can have in such a personal threat environment is the sound of a pump action shotgun chambering a buckshot round. The point being, that armed crowd had reason to be so given the causal mechanisms at play in that particular crime environment (which I must say, remains one of the most beautiful landscapes I have had the pleasure to experience first hand). Unfortunately, perhaps, things changed after 9/11 and the region is now swarming with Border Patrol, National Guard, roadblocks, fences, audiovisual sensors and motion detectors as well as increased numbers of north-bound migrants, to the point that many long-term residents have moved away in search of solitude and workable land. It turns out, at least in that regard, I left just in the nick of time.

That brings me back to NZ, my adopted home since 1997 and in which I have seen a steady decline in civility during the last decade that is now confirmed by crime statistics. Not being a criminologist or a social welfare expert, I cannot offer any concrete prescriptions, much less a panacea for the upsurge in criminal violence now afflicting Aotearoa. But what I can say is that it does no good to play the role of chickenhawk or attack poodle by fulminating about getting tough on crime without linking the thirst for punishment to an understanding of what drives violence and insecurity in the first place. In fact, until the latter is identified, addressed and ameloirated, then the former is just another way of pouring salt into a gaping wound.

Let it burn

datePosted on 09:59, March 5th, 2010 by Lew

At the head of a large army [Po-ts’ai] was besieging Ch’ang-she, which was held by Huang-fu Sung. The garrison was very small, and a general feeling of nervousness pervaded the ranks; so Huang-fu Sung called his officers together and said: “In war, there are various indirect methods of attack, and numbers do not count for everything. Now the rebels have pitched their camp in the midst of thick grass which will easily burn when the wind blows. If we set fire to it at night, they will be thrown into panic, and we can make a sortie and attack them on all sides at once, thus emulating the achievement of T’ien Tan.” That same evening, a strong breeze sprang up; so Huang-fu Sung instructed his soldiers to bind reeds together into torches and mount guard on the city walls, after which he sent out a band of daring men, who stealthily made their way through the lines and started the fire with loud shouts and yells. Simultaneously, a glare of light shot up from the city walls, and Huang-fu Sung, sounding his drums, led a rapid charge, which threw the rebels into confusion and put them to headlong flight.
— Sun Tzu, The Art of War, XII.9(4)

I can’t agree less with Grant Robertson’s, response to David Garrett’s latest bit of madness. He says he “doesn’t want to give further oxygen” to Garrett’s “extreme and appalling” views, but that’s exactly what they need: oxygen. At present both Rodney Hide and John Key probably want to forget the fact that Garrett is the ACT party’s Law and Order spokesperson, and that consequently there are no such things as his “personal views” on these topics which are separable from those of the party — he is the ACT party’s mouthpiece on such matters, and the government’s ally. We, the people who elected him and permitted Hide to assign him that role, are entitled to take these views seriously, examine them in the context of other things he has said and done, and the opposition’s job is to prevent anyone from forgetting what this man stands for, and how far his definition of “reasonable” is from that of the wider public. From now until he’s ejected from parliament, Garrett should not be able to show his face to the public without a graphic reminder of the fact that he think homosexuality is morally equivalent to paedophilia; that he favours policy (now implemented) which means more prisoners will suffer rape as a consequence of their punishment; and that he thinks poor brown parents should be sterilised. He must be required to either defend his views robustly, or forced to issue yet another humiliating public apology; and both ACT and the government must be required to defend their association with him, or forced to dissociate, demote or publicly censure him.

The instinct for the opposition to deny a topic like this the spotlight only makes political sense when the opposition is vulnerable on the issue; when they fear it could result in a populist backlash against them. Even then, the principles at stake mean a very strong backlash would be required to justify restraint on simple pragmatic grounds. There is no prospect of such a backlash in this case: as Grant says, the statement is “extreme and appalling”. Does Grant think his own sense of what is extreme and appalling differs so much from that of the electorate that they will not agree with him? The worst possible course of action for ACT and the government is to allow this topic to remain at the top of the political agenda for as long as possible. Failing to even try to keep it there shows a lack of political nerve on the part of the opposition; a continuation of the failed strategy employed prior to the election, which Key won in no small part because the very people who should be fighting against him bolstered his public image as a mild, simple, non-threatening chap. Genuine threats must be neither mocked or minimised; the “extreme and appalling” should not be laughed off or left unchallenged. This is the sort of weak-kneed liberal wimpishness and lack of rectitude which leads many voters to mistrust parties on the left, and cleave to parties and leaders whose convictions are firm and forthrightly held. The good and the just does not speak for itself, much as we might wish it would. It requires champions to stand for it, and evil truimphs when those champions fail to stand and fight.

To do so is not the “dirty” personalisation of politics: the character and views of a man who sits on the Law and Order select committee, and in the future could conceivably hold a warrant for Justice, Corrections or Police are perfectly legitimate matters for political debate, which speak both to his ability to represent the interests of New Zealanders and to the quality of the processes and people which allowed him to attain such a position.

The Garrett Solution, as I’ve argued elsewhere, contradicts almost everything the small-government right claims to stand for. After a decade of howling about “Nanny State in the bedroom” and “social engineering” we now see that their erstwhile objections to both these things were not principled, as they claimed, but were in fact just objections on the merits. Social engineering is wrong, they say, unless it’s at the genetic level. It’s also not new: this sort of thing was enthusiastically embraced during the last government by the more unhinged members of the extreme right, and now it has gone mainstream.

The topic of eugenics is the strongest symbolic matter introduced to the political sphere by any participant this term; it is a topic on which the right can only lose, and introduced by someone who is already vulnerable. The grass is high around the government’s camp, the fire is set by one of their own: now, if they are to gain an advantage, the opposition must fan the flames and beat the drums.

L

A walking, talking, living advertisement

datePosted on 14:50, March 1st, 2010 by Lew

… for why civilised societies which hope to remain civilised don’t lock violent children up with hardened criminals in the hope that they’ll magically reform into model citizens.

I’m talking about Bailey Junior Kurariki, whose latest offences, according to criminologist John Pratt, are a sign he has become institutionalised. Of course, his victim’s mother doesn’t think so, and neither do the usual reactionaries. The other lot aren’t all that much better. But perhaps that’s to be expected: when the only tool your populist justice positioning allows you to wield is a hammer, even a screwed-up 12 year-old kid looks like a nail to be smacked down as hard as possible.

L

Contemplating the neofascist revival.

datePosted on 13:16, August 13th, 2009 by Pablo

Courtesy of Rob Taylor back in Karekare, here is a link to an interesting article about the rise of a neo- or proto-fascist movement in the US. Although I have some quibbles with the structural as well as some of the political aspects of the argument (at least in comparison with the original (European) versions of fascism), the article is nevertheless worth a read. To me the trend is not just evident in the US, but in the rise of right-wing movements in Asia, Europe (and to a lesser extent Latin America) as well. For NZ readers interested in the quality of Kiwi democracy, the question is whether the trend is now evident at home, and if so, what are the means of forestalling it from developing further.

Watching the watchers

datePosted on 23:04, June 26th, 2009 by Lew

Via Eric Crampton, of all people (his “interesting” sidebar is, well, interesting, and incidentally his co-fisk of the BERL booze report is brutal), the news that (in US prisons, at least) guards commit more rapes than inmates is pretty sobering.

Although sexual abuse of prisoners is widespread, rates vary across facilities. For example, 10 facilities had comparatively high rates, between 9.3 and 15.7 percent, whereas in six of the facilities no one reported abuse during that time period. More prisoners reported abuse by staff than abuse by other prisoners: 2.9 percent of respondents compared with about 2 percent. (Some prisoners reported abuse by other inmates and staff.)

Victims and witnesses often are bullied into silence and harmed if they speak out. In a letter to the advocacy organization Just Detention International, one prisoner conveyed a chilling threat she received from the male officer who was abusing her: “Remember if you tell anyone anything, you’ll have to look over your shoulder for the rest of your life.”

This isn’t a report from some two-bit bunch of pinko soft-on-crime liberal nancies – The National Prison Rape Elimination Commission was formed in 2003 by the (then-majority Republican) US Congress, by a unanimous vote in conjunction with the passage of the Prison Rape Elimination Act. It is a large-scale demographic and consultative research project intended to first determine the scale of the problem of prison rape, then to develop policy and procedure by which to eliminate it and standards to which prison operators must adhere in ensuring its elimination. As Senator Edward Kennedy, one of the initiative’s sponsors, said “it is not a liberal issue or a conservative issue. It is an issue of basic decency and human rights.” The research has been almost six years in the making.

So, for the benefit of David Garrett and Judith Collins:

Crowded facilities are harder to supervise, and crowding systemwide makes it difficult to carve out safe spaces for vulnerable prisoners that are less restrictive than segregation.

In other words: dorm-style and double-bunked prisoner accommodation means more rapes. Further:

In Farmer v. Brennan [1994], the Supreme Court ruled unanimously that deliberate indifference to the substantial risk of sexual abuse violates an incarcerated individual’s rights under the Eighth Amendment. As the Court so aptly stated, sexual abuse is “not part of the penalty that criminal offenders pay for their offenses against society.”

If it’s good enough for the USA, with the world’s highest incarceration rate per capita, then it’s good enough for New Zealand, which under the previous government as much as the current one, looks determined to challenge that record.

L

I know there’s a complex in-government/not-in-government thing, and a David Garrett is only a junior backbencher and appears to be one of the more out of control ones, but …

I’m not sure it’s a good look when Garrett publicly supports the private prosecution of two Chief Executives of government departments. His party is currently providing confidence and supply to the government which employs the CEs, and he’s on the select committee which oversees their departments.

Gang whack-a-mole

datePosted on 00:52, May 7th, 2009 by Lew

actpower1This evening, the Wanganui District Council (Prohibition of Gang Insignia) Bill passed its third reading, by a narrow margin of three votes – three votes cast by the three members of the ACT caucus who represent the authoritarian faction which has edged in on the libertarian faction and now looks likely to consume it. Two of the votes will come as no surprise – the reactionary populist John Boscawen; and card-carrying hang-’em-and-flog-’em brigadoon David Garrett. Most surprisingly Rodney Hide – perhaps in a bizarre sort of solidarity with his two newest MPs, because I thought him better than this – also voted for the bill. The other two members – Sir Roger Douglas and Heather Roy – remained true to their liberal principles and voted against.

Let it be understood right away that I agree with the bill’s purpose in principle: to keep the residents of Wanganui free from intimidation by gangs. People have a right not to be intimidated, and that right must be secured by the government. But in this case, the cure is worse than the disease because it does nothing to actually treat the disease, only its smallest symptom; and because it fights arbitrary coercion with more arbitrary coercion.

The bill prohibits persons wearing certain things – `gang insignia’ where `gang’ is essentially at the Wanganui District Council’s discretion, and `insignia’ is determined as an issue of fact by a judge in a given case by recourse to the Evidence Act – from being in certain `specified places’ of the Wanganui district.

This is a weapon long-sought by the authoritarian populists who control Wanganui’s local politics – it enables them to outlaw groups who oppose them, or whom they would otherwise have to deal on more even terms. Practically any group could potentially be declared a gang under the right circumstances – the criteria are that the group, or some of its members be engaged in “a pattern of criminal activity”; that they be commonly identifiable by some sort of symbol which can be recognised well enough to ban; and that the ban be deemed necessary to prevent intimidation. Historically this could have applied to HART protesters, striking longshoremen, tangata whenua occupying land in protest at unjust systems of redress and uncooperative local government bodies. Today it could apply to those campaigning for the h to be put into Wanganui, if the protests become heated enough, which they could well do if Michael Laws carries on the way he has been. One man’s terrorist is another man’s freedom fighter, after all.

But for all that, it won’t matter a damn to the gangs themselves. When you try to constrain identity by legislating against its expressions, you engage in a running battle which cannot be won without continual escalation to more and more illiberal measures. Subcultural systems which are forced to adapt to the norms of a majority culture will always find loopholes – the more constraint imposed, the smarter the subculture gets. The Chinese are finding this out from the Song of the Grass-Mud Horse (video with full-colour English translation here), and the parents of tweens are finding it out from Britney Spears, and media content owners are finding it out from filesharers. If a broad ban on patches is enforced then the definition of what constitutes a gang symbol will change. Bandanas, coloured clothing, and so on will be worn instead of patches, but will convey the same intimidatory meaning. What then? Either the law is an ass, having failed to prevent what it seeks to prevent, or the definition of what constitutes insignia in law must change to match the definition in usage. I own the typical blue-and-black checked swanndri – should I be barred from wearing it in public in Wanganui, lest someone feel intimidated? Should my sister, who owns a red one? Talk of banning all blue and all red will be decried as reductio ad absurdum, but ultimately that’s the only way the policy will work, for the two main gangs which operate in Wanganui anyhow.

Or perhaps they’ll just ban those colours when they’re worn by Māori men of a certain build, and there’s the rub. Fundamentally, culture and class and inequality are the issues over which gang insignia are mere wallpaper, and banning it no more addresses the problem than changing the wallpaper stops the walls of a leaky building from leaking. Fix the alienation problem and you fix gangs – something that driving those at the margins of civil society further out into the cold will never achieve.

Update: Former Detective Sergeant in charge of the Auckland gang unit Cam Stokes made the same argument on Nine to Noon this morning. He goes further, arguing that the ban could make the work of Wanganui police more difficult by robbing the police of some intelligence-gathering capability, and could make convictions for some offences difficult to secure.

Another update: At The Standard Eddie reveals that Hide’s support for the bill – despite categorically stating ACT would never support it – was a trade-off for National supporting the 3 strikes bill. Filthy political lucre!

L

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