Bowed but not Beaten: A Reply to Chris Trotter’s rejoinder to “Nothing Left.”

The post on the death of the NZ political Left has elicited a fair bit of commentary. That is good, because my purpose in writing it as a polemic was to foster debate about the internal weakness of the NZ Left and possible solutions to that problem. I did not discuss all of the negative externalities that work against a revival of the Left, but many others have, both in the comments on the original post as well as in the commentary in places like The Standard. In fact, some of the discussion in the thread on the original post as well as the Standard thread has been very good.

Needless to say, the right wing blogosphere loved the post. Kiwiblog, Keeping Stock and Whaleoil jumped at the opportunity to put the boot in. I commented on the Kiwiblog thread, where I was accused of defining what the “real” and “fake” Left were and of being one of those people who denigrate anything that does not fit their narrow definition of what being “Left” means. One nice person on the Standard derided me for being a “defeatist” and engaging in “self-flagellation.” This kind soul also harked to the idealism and determination of Nelson Mandela and Martin Luther King to show that we should not give up the fight, perhaps forgetting that Mandela renounced socialism once he became president (supposedly to protect democracy) and MLK –never a Leftist, he–got shot for his troubles long before racial equality was achieved in the US. Anyway, it was all quite entertaining.

Now Chris Trotter has entered the fray with this exposition: http://thedailyblog.co.nz/2014/01/23/theres-plenty-left-chris-trotter-responds-to-paul-buchanans-critique-of-the-new-zealand-left/

I wrote a response but it was not published by the Daily Blog administrator. Since my comment on Chris’s rejoinder was submitted more than 15 hours ago and 29 other comments have appeared, I assume that it will not be published, so I shall re-print it here:

“Fair rejoinder, but a bit off the mark.

The point of my polemic was to stir debate about the internal weaknesses of the NZ Left that have neutered it as a political alternative to the capitalist socio-political project. Besides the abandonment of a broad working class focus and socialist principles by the institutionalized Left (the party-union nexus) in favour of more narrow po-mo concerns and piecemeal challenges to the market-driven project, there is the factionalization, in-fighting, oligarchical leadership and general political insignificance of the activist Left. This opens the door to opportunists and charlatans to claim ideological leadership within the Left as a vehicle for self-interested advancement.

I see the cultural Left as having significance, but as a political force nether it or much of the informed Left commentariat have much political sway. And when some of that commentariat quietly seek remunerated ties to political actors who are the antithesis of everything socialism stands for, well, that is unfortunate.

So no, I do not share your optimism, but I am far from defeatist by directly addressing what I see as the elephants in the NZ Left room. Self-criticism and self-assessment are good things to do in good times and bad, and in my view the current moment is bad for the NZ Left.

Some of the commentary on the original post address ways to recapture the moment.

I do like your use of Gramsci though. Shallow as it may be in the context of this rejoinder, it points to the necessity of waging an effective counter-hegemonic war of position within the system, using what is given as instruments of usurpation of the ideological status quo.”

I should note that in his post Chris waxes positive about the Labour Party, the Greens, Mana and the CTU. In doing so he helps make my original case: none of these organizations are “Left” in the sense of being socialist or even primarily worker-focused, whatever they may have been at their inception. They may use socialist rhetoric and act “progressive” when compared to National and its allies, and they may be a better choice for Left-leaning people when it comes to electoral preferences and collective representation, but the hard fact is that play the game by the rules as given, do not challenge the system as given and, to be honest, just chip away around the superstructural margins of the edifice that is NZ capitalism.

Although I believe that the NZ political left is comatose if not dead, this does not mean that it cannot be revived or resurrected. As I said to a commentator on my original post, Keynesian economics in liberal democracies led to a 60 year period of class compromise that replaced the politics of class conflict extant prior to 1930. The so-called neo-liberal project in NZ was trialled under authoritarian conditions in places like Chile (yes Chris, I do remember Pinochet in part because his economic policies were emulated by Roger Douglas and company and marked the turn towards feral market-driven policy that persists in NZ today despite your protestations). It if founded on a direct return to the politics of class conflict, this time initiated by the upper bourgeoisie operating from an advantaged global position against the organized working classes via regressive labor legislation and the privatization of state provided welfare, health and education programs.

Many say the neoliberal elite are hegemonic when doing so. I disagree, in part because unlike Chris (who threw some Antonio Gramsci quotes into his rejoinder) I have spent a lot of time studying Gramsci’s concept of “egemonia,” (hegemony, or ideological leadership by consent) specifically its difference with the concept of “dominio” (domination, or rule by submission or acquiescence). Giovanni Tiso wrote a comment of Chris’s post that captures just a part of why Chris went a bit to far with his misuse of the words of the person who coined the non-Leninist interpretation of that special concept amongst the po-mo Left. I mention this because the entire thrust of Chris’s rejoinder read more like an instance of intellectual one-upmanship rather than a reasoned counter-argument.

The fact is that the current ideological dominance of the market-focused elite is only hegemonic in the measure that the political Left allows it to be. In NZ fair-minded people obey but do not consent to the system as given. In my view internal problems in the Left prevent it from presenting a viable counter-argument, much less counter-hegemonic alternative to the contemporary status quo.

It may not be armed conflict but the NZ market project, be it subtle, buffered or stark, is a war against the working classes, one that is based on the atomization of said classes via the destruction of class-based unions and ideological diversions that promote narrow sectoral representation based upon collective assumptions about the primacy of individual self-interest over solidarity, and which privileges greed over empathy.

In comments on the original post I offer some limited suggestions about a new Left praxis in NZ. I  am sure that there are many other avenues to explore along those lines. The market-driven project (which is no longer “neoliberal” in the original sense of the term), was an obvious and transparent return to the politics of class conflict, with preferential terms dictated by the financial elite.

No matter how dominant this ideology is at this moment, it opens a window of opportunity for the NZ Left, if it knows how to take the advantage. Rather than a monolithic compendium of all that is impossible to those born wrong, it renders bare the inegalitarian and exploitative foundations of the current socio-economic order as well as the abjectly quisling nature of the political elite that support it.

One final thought. I do not object to Leftists trying to earn a living, even if that means working in capitalist institutions on capitalist terms. I have to do so.

I do not even mind Leftists who live off of trust funds or marry well. In fact, I do not object to Leftists taking up paid work for non-Left parties as part of a tactical alliance against a common enemy or as a way of learning about the enemy from within.

I believe that those on the Left, much more so than those on the Right, need to be upfront about these apparent contradictions. They need to understand that touching power is not the same as confronting, much less wielding it. That is why I object to concealment of financial relationships between capitalist economic and political entities and those who publicly proclaim themselves to be Lions of the Left and champions of the dispossessed and voiceless.

My bottom line? We all have contradictions in our lives. For those on the Left the contradictions of living in a capitalist society can be overwhelming at times. It is how we resolve our ideological contradictions that separates the honest from the hypocritical.

 

Identity is politics

(Or: How the activist left learned to stop worrying and love identity politics.)

Here and elsewhere I spend much time railing against the notion that “identity” is somehow distinct from “politics”, or that “identity politics” is anathema to the idealised “real politics” of class and ideology. I don’t accept that those with politicised identities — in our context most often women, Māori and LGBTI people — ought to fall in behind the straight white able-bodied men of The Cause on the understanding that The Cause will lend its support to their subordinate issues when the time is right. Moreover, I don’t accept that a person’s politics can meaningfully be divorced from their identity. Identity is politics. I am far from alone in these views.

Recently it has come to my attention that many of those who claim to oppose “identity politics” are pretty happy with it too, given the right circumstances. The contest between Grant Robertson, Shane Jones and David Cunliffe provides a good example.

Right out of the gate the contest was framed in terms of identity — Grant Robertson’s sexual identity. “Is New Zealand Ready For A Gay Prime Minister?”, the headlines asked, proceeding then to draw dubious links between unscientific vox-pops and the reckons of sundry pundits, all of whom were terribly keen to assure us that they, personally, were ready, even if the country isn’t yet. But while Robertson’s identity is what it is, his campaign is not an identity politics campaign in any meaningful way. In this it differs sharply from the campaigns of the other two contenders.

Shane Jones
Shane Jones is expressly running an identity politics campaign: he’s Māori, and his goal to win all five seven of the Māori electorates for Labour is one of many explicit appeals to his Māoritanga, and well he might appeal: it is an attribute sorely lacking among our political leaders, and a particularly stark omission in Labour, with its long claim to being the, um, native party of Māori.

But Jones’ Māoritanga isn’t the only identity pitch: he has made overt masculinity a part of his brand. When he came clean about charging pornographic movies to Parliamentary Services, his explanation was “I’m a red-blooded male”. He recently doubled down on this in relation to Labour’s proposed gender-equality measures, saying New Zealanders didn’t want “geldings” running the country, and that “it was blue-collar, tradie, blokey voters we were missing”. His value proposition for the Labour leadership is that he can expand the party’s electoral base into the archetypally-masculine realm of the “smoko room” where such voters are said to dwell. It seems likely that this strategy will alienate a good number of female voters into the bargain.

David Cunliffe
David Cunliffe’s identity pitch is doesn’t look like an identity pitch, because we’re not used to seeing identity pitches from straight white men. But identity politics isn’t the sole domain of women and minorities — the US Republican Party has been running a long identity politics campaign for most of a decade against Barack Obama and Hillary Clinton.

Cunliffe’s claim is his identity as a guy who greets his supporters in a dozen different languages and whose announcement of a candidacy is greeted with a waiata, wearing a lei like it ain’t no thing. He is a mutual-second-best candidate for a bunch of different identity groupings — he’s male, but he has strong caucus support from Labour women, including his previous running-mate Nanaia Mahuta and marriage equality champion Louisa Wall. He’s straight, but he’s not homophobic or chauvinistic about it. He’s Pākehā, but his multicultural bona fides are clear, and he has strong support from Māori and Pasifika caucus members. He studied at Harvard, but he’s the working-class son of an Anglican minister. He’s comparatively young — Generation X — but not so young as to be seen as a whipper-snapper by the Baby Boomers. Homo Sapiens Aotearoan is David Cunliffe’s identity; a modern native of the biggest Pacific city in the world.

Grant Robertson
Grant Robertson’s campaign is quite unlike the others, which are pitched at the electorate, or parts of it. Robertson’s campaign is focused on unifying the Labour Party, on the basis that a unified party will be a more effective machine for building electoral support. His isn’t a pitch based around his individual brilliance or personal character, but his ability to organise, strategise, and forge an effective team out of his diverse and complicated group of colleagues. Robertson’s identity is a part of this — his advocacy and work in passing the marriage equality bill earlier in the year indicates where his politics lie, and make clear he’s no shirker — but this is by no means the focus.

And yet last night’s story by Brooke Sabin basically wrote Grant Robertson’s candidacy off on the basis of a series of ad-hoc buttonholes with workers at a union rally who apparently didn’t like that he was gay. Sabin reported that only two of the 40 people spoken to would support Robertson, and in the studio introduction to the piece anchor Hilary Barry inflated this to:

Labour leader hopeful Grant Robertson was dealt a blow today. Many in the religious and socially-conservative faction of the party, out in force at a rally this afternoon, don’t like that he’s gay, and won’t vote for him.

There are a swag of problems here: most obviously that repeatedly and urgently raising the issue (“not that there’s anything wrong with that”) sets the agenda. Further, the footage suggests that the only thing these vox pops were given to go on when assessing Grant Robertson’s fitness to be Prime Minister was that he was gay — so it was the only thing on the agenda. Worse yet; one respondent, when prompted to choose between Jones and Cunliffe, asked “Shane Jones … is he a gay too?” suggesting that not only was she not very well placed to make an informed assessment of the comparative merits of each candidate, but that asking her to do so anyway, taking her word as an indication of general union sentiment and then playing her naïve answer on national TV bordered on exploitation. (At least part of my assessment is shared by Neale Jones from the EPMU, who was there, and said on Twitter, “Sabin went around repeatedly badgering workers about whether they had a problem with Grant’s sexuality. Got story he wanted.”)

The Identity Agenda
Jones’ identity pitch is clear, and Cunliffe’s is less so, but not much less so. Robertson’s identity pitch is inferred from his sexuality and inflated. The only aspect of the archetypal “identity politics” candidate’s campaign which is focused on “identity politics” is the “ready for a gay PM” agenda, which is set by commentators and the media, outside Robertson’s control (but which he must tolerate, lest he be reframed as a “bitchy gay” rather than as the solidly masculine, rugby-playing sort we are possibly prepared to tolerate.)

So that’s ironic. But the deeper irony of this is that David Cunliffe is the darling of many of the people on the activist left who have railed most fiercely against “identity politics” all these years. (Check the list of endorsements here). There’s no policy to speak of in this contest — Cunliffe’s campaign is identity politics through and through, and yet the activist left loves him for it. I don’t think it’s unfair to observe that they love him, and they love it, because now it feels like their identity being prioritised in politics, as if it hasn’t ever been before. All that evil old “identity politics” they railed against before — the problem wasn’t that it was identity politics, but that it wasn’t their identity politics.

But I’m glad they love it. It works, after all. We have a strong sense of who David Cunliffe is, where he comes from and what motivates him, and that helps us understand, and more importantly to believe, his strategic vision and the policy platform he articulates. I think he genuinely does speak to a wider audience of potential Labour supporters than any recent leader, and that can only be a good thing for the party and the polity as a whole. If he wins, and I think he will, I hope it will go some distance to demonstrating that identity and ideology aren’t zero-sum; they’re complementary. Maybe once that realisation sinks in we’ll be really ready for a gay Prime Minister, or a Māori one.

Crossing: the flaw

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

The political logic behind National’s proposed GCSB reforms.

This weekend there will be national protests against the National government bills amending the 2003 GCSB and 2004 TICS Acts. Although the protests have garnered broad support across the political spectrum, they are likely to turn into generic rant fests against capitalism, imperialism, colonialism, and assorted other maladies rooted in the war-mongering Zionist 9/11 insider white corporate propertied Trilateralist patriarchy rather than a focused argument against the extension of the GCSB’s domestic spying powers. That is because the organizers, in Auckland at least, are the usual suspects seen at pretty much every protest, and who have agendas that supersede concerns about espionage.

The dress code will largely be black, with Vendetta masks optional.

In a way it is natural for the so-called rent a mob to take charge of the anti-GCSB protests. After all, they have the organizational capability, collective commitment and personal experience in doing such things, so who can blame them if they attach a few other grievances to the major subject of the protest? Who else can pull together major rallies on short notice, including the logistics of using public spaces, channeling marchers, making banners, supplying audio equipment and providing speakers? Most of those who have comparable skills are not exactly the types who would want to be part of such a “progressive” demonstration, and certainly would not want to be associated with the organizers of these protests (I am thinking of church and conservative groups here).

Having said that, this post is about what is likely to be a very effective National strategy for getting its proposed reforms passed in spite of the groundswell of opposition to them. It works like this:

National introduced reforms that grossly expand the GCSB’s powers of domestic espionage, using changes to the TCIS Act and the need for “infrastructure protection” as part of that new charter. It threw in some very minor cosmetic changes using the Kitteridge Report as a point of reference. It went for the overreach, proposing to allow, with cabinet approval, the GCSB to spy on behalf of agencies that have nothing to do with national security as well as conduct warrantless espionage on foreign entities and persons, to include NZ citizens employed by foreign firms and agencies (be they diplomatic missions, NGOs or private firms). It demands that telcos provide apriori backdoor access to their cable infrastructure for the purposes of both targeted and meta-data mining.

There is much more but this is the gist: it no only retroactively legalizes the illegal spying done on Kim Dotcom. It extends the scope of that type of spying much further. And as before, all of the domestic data collected under the new Acts can and likely will be shared with foreign intelligence partners, particularly those grouped in the 5 Eyes network.

National knew that Labour and the Greens will oppose the Bills for political and principled reasons, respectively, but does not care because it knew that it only had to win over Winston Peters or Peter Dunne to secure passage of the legislation. Since both of these one man shows are political opportunists at best, a few bones thrown their way in exchange for minor concessions was seen to do the trick.

As it turns out, Dunne leapt/caved first. In exchange for more cosmetic changes in oversight and reporting (none of which fundamentally alter the way in which the NZ intelligence community operates or the scope of its operations), the setting of a 2015 date for a general review of the NZ intelligence community and one significant backdown (the removal of cabinet authorization for GCSB assistance to agencies other than the Police, SIS and NZDF, which will now have to be authorized via legislation), Dunne has pledged his vote for the Bills. They can now pass essentially intact.

A brief aside: It would have been worth considering allowing the GCSB to render assistance by charter to agencies such as Customs and Immigration as well as the SIS, Police and Defense because they clearly have a national security role. Moreover, it may not be widely understood but the GCSB offers more than equipment and technicians to its counterparts. It has linguists, interpreters, engineers and other specialists in its ranks who can be of use to domestic security agencies on a case by case basis. The Dunne concessions do not address the how, why and when of any of this.

Getting back to the main theme, National knows that by pushing a maximalist line with regard to the expansion of GCSB powers it could accept something moderately less without discernible harm to its overall intent. Besides Dunne’s and Peters’ venality, it relies on generalized public apathy regarding the issue (although it must have been surprised by the extent of opposition that eventuated, especially from high-profile groups and persons), and it knows that it can dismiss any opposition as naive, politically motivated or both (which John Key has now done, and which this week’s protests will confirm in the minds of those supportive of or undecided about the proposed changes).

National also knows that should there be change of government in 2014, it is unlikely that a Labour/Green coalition will have intelligence community reform as a priority. If its modern history is any indication Labour will be quite comfortable with the amended legislation. Recall that it was under the 5th Labour government that most of the dubious GCSB spying on 88 NZ citizens and residents was done, and Labour will be able to use the revamped GCSB powers for its own purposes should it feel the need to. It is naive to believe that different governments do not have different intelligence priorities, something that is manifest in intelligence agency tasking.

One only needs to think of the role of the SIS in the Zaoui case and the suspected role of both the SIS and GCSB in the Urewera case to understand the concept as well as Labour’s disposition when it comes to such things. With National the shift in intelligence priorities is seen in its focus on commercial relations, to include patent and copyright issues that have little to do with national security but all to do with alliance relationships. Either way, governments call the shots when it come to intelligence priorities.

Labour and the Greens will have reversing other National policy reforms as the first order of business, be it the Holidays Act, aspects of the Employment Relations Act, issues connected with Health, Education, WINZ beneficiaries, public sector employment, economic use of public lands, etc. That list has far more immediate domestic political impact than revisiting the GCSB and TCIS Acts, especially if the expanded powers granted the GCSB are used with a modicum of discretion and selectivity.

Should Labour and the Greens assume government in 2014, they are saddled with running the 2015 general inquiry about the NZ intelligence community. That will take public time and political capital, which leaves less of each for the promotion of other initiatives. This could leave a Labour/Green government spread thin when it comes to imposing legislative and policy agendas, especially when considering that the partner’s priorities do not universally coincide in the first place (less so when other minority parties are involved). That could undermine the stability of the coalition, wreak their overlapped policy platforms, make for internecine conflict and set the stage for a National return to government in 2017.

Barring some unexpected reversal of fortune in the next few weeks, when it comes to domestic espionage and the GCSB’s expanded role in it, what we have here is a done deal. The Bills will pass. There will be more spies amongst us.

National’s short-term political logic looks to have proven correct, so far. Time will tell if its longer-term strategy will pay off as well.

Withdrawal from Echelon: a realistic watershed moment in intelligence reform or Left political posturing?

In light of the attention brought to matters of intelligence collection and analysis in recent months, it is entirely reasonable for the Greens and Labour to demand a fill inquiry into the organization, role and functions of the New Zealand intelligence community, including its responsibilities and obligations in international intelligence networks such as Echelon/5 Eyes and other less publicized arrangements. As the Kitteridge Report noted with regard to the GCSB and what the Zaoui case demonstrated in the case of the SIS, there were or are serious deficiencies in both agencies. These are as much if not more managerial than operational, but the truth is that a review of the entire intelligence community is overdue in light of the changing realities of intelligence gathering in the 21st century.

That is why the National government’s attempt to pass reforms to the 2003 GCSB Act that extend its domestic powers and scope of authority, coupled with the proposed Telecommunications (Interception Capability and Security) Bill that would, among other things, force telecommunications firms to provide backdoor access to their source and encryption codes, needs to be delayed until such time a proper inquiry into the entire espionage complex is undertaken. Without full understanding of areas of strength and weakness in the system, it is impossible to knowledgeably address the proposed reforms in the way signals intelligence is gathered and used in and by New Zealand, much less how it should be balanced against rights to privacy and institutional accountability.

As part of the calls for the inquiry, some on the Left have proposed that a review of New Zealand’s participation in Echelon be undertaken. Some have gone so far to say that it could become another watershed moment such as that surrounding the 1985 non-nuclear declaration. Presumably the watershed would be occasioned by a withdrawal from Echelon.

As much as I think that a review of New Zealand’s role in Echelon is welcome, especially in light of the Kim Dotcom case and recent revelations about mass scale meta-data mining by the US National Security Agency (and the meta-data mining by the GCSB revealed by the Kitteridge Report), I think that it would be absolute folly to withdraw from Echelon. Changes in the terms and conditions of New Zealand’s participation in Echelon may be warranted, but a full withdrawal from the signals intelligence-sharing community composed of the US, UK, Australia, Canada and NZ seems foolish.

I will not reiterate here the early warning, big picture and deep insight benefits that NZ accrues from being an Echelon partner. What I will note is that it has been a partner in Echelon for more than three decades, and as such shares some of the most guarded secrets, both historical and contemporary, of the Anglophone intelligence community. This includes methods, technologies, locations and sources for signals intelligence collection as well as the content of specific subjects of interest.

The Echelon partners will take a very dim view of these secrets suddenly becoming insecure as a result of a NZ withdrawal from Echelon. No matter what assurances may be given or what phased devolution of responsibilities is proposed, they are bound to fret about classified Echelon information falling into hostile hands as a result of that decision. That will likely prompt a full scope defensive counter-response to minimize the possibility of damaging or sensitive material falling into the “wrong” hands.

That response will far outweigh the diplomatic estrangement caused by the non-nuclear declaration (which ultimately amounted to a freeze on bilateral military-to-military contacts but which did not alter intelligence sharing or diplomatic relations in any significant measure). The negative consequences of withdrawal from Echelon will be felt in the intelligence arena, but will also be felt economically, militarily, and most definitely cyber-electronically, and will not just come from the other 5 Eyes partners.

Under a Labour/Green government that decides to withdraw from Echelon, New Zealand might seek to hedge its bets by establishing intelligence sharing ties with the People’s Republic of China or Russia. The first would complement the economic re-orientation towards the PRC in recent years, whereas the latter would cultivate relations with a long-term and now resurgent Western adversary (which is now in the process of re-deploying submarines to the South Pacific for the first time in over 20 years). Either move would show a clear commitment to diplomatic re-alignment away from traditional partners and towards Eurasia, something that would nicely complement the primary geographic focus of NZ’s trade-oriented foreign policy (we should remember that NZ is in the early stages of negotiations with Russia on a “free” trade agreement).

For both Russia and the PRC, gaining access to Echelon data would be invaluable even if the remaining 4 Eyes are forced to completely overhaul their systems in order to limit the damage caused by a NZ “flip.” In fact, the repercussions from such an act might force NZ to seek the security protection of either great power. One assumes that for this to happen the NZ public will be comfortable with the shift in alignment.

It is less probable that other Western nations such as France or Germany would want to jeopardize their relations with the Echelon community by entering into an alternative signals intelligence-sharing arrangement with NZ. Perhaps rising powers such as India, South Africa or Brazil might want to take advantage of the window of opportunity, but that also seems unlikely.

That is why I believe that the speculation about an inquiry into the intelligence community resulting in a “watershed” NZ withdrawal from Echelon is poorly considered. Escaping international commitments of any sort is fraught in many ways, and in order to do so the benefits of reneging must clearly outweigh the costs. The decision must enjoy broad support and be politically sustainable at home as well as abroad.

In that light, the benefits of a withdrawal from Echelon are uncertain and the downside of withdrawing from such a long-term and highly sensitive international security commitment is too great and too obvious for such talk to be anything but ignorant or Labour/Green posturing in the build up to next year’s elections. If that is the case, it undermines the Labour/Green bid to have a full inquiry into NZ intelligence community reform because there will be little support outside of select party factions for a move to withdraw from Echelon, and any reform initiatives that include that possibility will not be taken seriously.

It would therefore seem best for the Greens (in particular) and Labour to stifle such speculation from within their ranks in order for their calls for a full inquiry into the NZ intelligence community be given due consideration. That still leaves much room for review, but has a better chance of garnering broad-based support than by continuing to entertain thoughts about watershed moments.

Gilmore’s ghosts

I disagree with Pablo’s post about media treatment of the Aaron Gilmore saga — but I only disagree a little. In my view the Gilmore case is “stuff that really matters”, but I do agree with Pablo that most of the coverage of it isn’t getting to the “stuff that really matters” elements of the case nearly well enough, and that it is displacing coverage of more crucial issues from the agenda. All the stories Pablo mentions are worthy of much more, and more in-depth reporting than they have received. Two other points Pablo makes are particularly valuable — that “blood in the water is not akin to developing real critiques of the way power is exercised”, and that “the problem of Gilmore’s unwillingness to resign stems not from MMP but from political party charters regarding their lists in an MMP environment.”

The Gilmore story is important, as are those others — but the coverage is so individuated to him that it makes the issues seem trivial, because ultimately, if you reduce the story to that of a drunken backbencher, it is. At the heart of the Gilmore saga is the abuse of power, and the problem is that the coverage is about Aaron Gilmore’s attempted abuse of his own power, not about a culture within the National Party and the government where the abuse of power is not merely acceptable, but routine and expected.

The deep questions — how such a megalomaniac got into an electable position on a party list; who, having been apprised of these born-to-rule tendencies after previous incidents of this sort, approved his position; and the implications of this for the health of our democracy — these are important questions. They haven’t really been asked, or answered, though Matthew Hooton, of all people, had a go at it early on.

The John Key National-led government has a lot of form for bad and self-serving appointments, and for the abuse of power. This has presented opportunities for the opposition to frame them as serial cronyists, which they haven’t been able to take. (I wrote a couple of things about this in the first term — it’s not new). And it’s still going: to hear locals tell it, how Gerry Brownlee and CERA are treating Eastern Christchurch isn’t all that different in its principles to how Aaron Gilmore treats waiters and public servants. (The difference is that they have real power.) Recent appointments on the basis of loyalty or malleability at the expense of quality or expertise include Catherine Isaac to implement charter schools, Ian Fletcher as head of the GCSB and Dame Susan Devoy as race relations commissioner.

This is a government which has been particularly unconcerned with even the appearance of due process, and this should be acknowledged in every story on this topic. There’s no credible argument they hadn’t done due diligence on Aaron Gilmore — he was already in Parliament once. Why do they appoint people like this, and why do they get away with it?

The hard truth is that political parties will overlook an awful lot if there’s a financial or electoral advantage to doing so, just as corporations will. Militaries will overlook almost literally anything, up to and including the mass murder of civilians. This is true of the “nice” guys as well as the nasty ones — the Obama administration’s continuing support of Guantanamo Bay and its increasing use of UAVs are two clear examples of this. Apple products are manufactured by the notoriously exploitative Foxconn (Apple is far from alone in this, but we’re supposed to think Apple is somehow better than others). For a recent local example, see the Labour Party’s dogged defence of Taito Phillip Field, whose abuse of vulnerable workers cut directly against everything a Labour party ought to stand for. There are many more.

The fundamental reason this sort of behaviour is endemic is that we — as voters, or in the corporate case, as consumers — reward it with our votes, or our wallets, or both. Parties and companies that eschew these methods tend to lose to those who accept them as an ethical cost of doing business because while we are happy to get outraged, when the chips are really down, we don’t actually care that much about this sort of thing. It doesn’t really change our behaviour.

The danger is that people start caring, and more importantly, start remembering, and changing their behaviour. If the Aaron Gilmore affair haunts the National party — and the other parties — such that they see a strong downside risk to appointing cronies, selecting megalomaniacs for their lists, and generally swaggering around as if they own the place, we’ll all be better off. If parties are forced to accept responsibility for their bad decisions, and as a consequence to select better people and implement better systems of accountability and conduct, cultures of power-abuse will abate. Incidentally, this is why I don’t favour a rule that allows parties to eject rogue MPs from Parliament* — the Nats bought Aaron Gilmore, they own him. We should judge the entire party by his actions.

But for this sort of change to occur, we need media coverage to develop those real critiques of the exercise of power, rather than critiques of an obnoxious individual who is ultimately just a product of larger cultural systems. That would make this sort of wall-to-wall coverage worthwhile.

L

* Though I still believe any credible political leader should be resourceful enough to find ways to persuade rogue MPs to resign.

Selections matter

Justice Minister Judith Collins has appointed Dame Susan Devoy as Race Relations Commissioner.

She replaces Joris de Bres, who has served two five-year terms and is very well-regarded in Māoridom (at least) because (in part) he understands the importance of his own Dutch whakapapa, and the complexity of his place as an immigrant in Aotearoa. As Bryce Edwards and Morgan Godfery have noted, he has also shown an unusual willingness to comment on issues related to his mandate of opposing racism.

No doubt this fact has informed Collins’ decision to appoint someone less feisty. Dame Susan has little or no high-level experience in the field, and I suppose the thinking is that she brings a clean slate to the role or, to put it another way, her thinking and the degree of her engegement with the issues will be more easily influenced by the prevailing governmental culture. But Dame Susan is not a blank slate. A week ahead of Paul Holmes’ now-infamous Waitangi Day a complete waste column, she wrote one of her own that, although it employed language more befitting a Dame, nevertheless expressed similar sentiments. One year ago our new Race Relations Commissioner wished that instead of Waitangi Day we could have “a day that we don’t feel ashamed to be a New Zealander” and pined after a holiday like that celebrated in Australia, where — a few recent and grudging obeisances aside — 50,000 years of history and the brutal facts of the settlement of that land are blithely ignored in a jingoistic celebration of Ocker Pride.

That would be bad enough, but it gets worse: Dame Susan doesn’t have a clue what she’s doing:

Jacob McSweeney: “She admits she doesn’t have a wealth of experience in race relations, but she says the job isn’t overly complicated.”
Susan Devoy: “I don’t think it’ll make it any more difficult than dealing with any other issues, I mean, you know, this is all under the Chief Human Rights Commission [sic], and so therefore whether it’s disability or gender or employment or race, you know, the issues are not dissimilar. This is just about making it right for every New Zealander.”

(From Checkpoint.)

This is a terrible appointment. Anyone who thinks Aotearoa’s race-relations culture isn’t complicated is by definition not equipped for the job of guiding and guarding it. Not only is our new Race Relations Commissioner ashamed of our national day, but as far as she’s concerned it’s just another ism — revealing how little she must know about disability, employment or gender issues into the bargain.

So as far as that goes, she looks like the perfect post-ideological, post-identity selection for such a job: a common-sense managerialist who, to the limited extent that she understands the issues in play, finds them distasteful.

What a good opportunity for Labour! The National government, at a time when racial and cultural tensions are a major issue, clearly doesn’t value race relations sufficiently to put anyone competent in the job. But the Labour party has selection problems of its own: an Ethnic Affairs spokesperson who is a former race relations commissioner (Rajen Prasad) so far down the list that he doesn’t get a ranking; and a Māori Affairs spokesperson — and former minister — Parekura Horomia, also unranked. Labour is perilously short on brown faces, with none in the top five and one — Shane Jones — in the top 10, and him only recently returned from purgatory. Morgan Jack McDonald has some advice on this topic.

The hard truth is that Labour isn’t in a position to criticise the government on race relations issues. This is due to their internal failures of strategy, not due to exigencies forced upon them. For all that the appointment of Dame Susan Devoy to Race Relations Commissioner is terrible, the Key government has done a lot more than expected in other areas of race relations, particularly with regard to progressing Treaty settlements. That gives them cover. They’ve gotten away with worse than this appointment, and they’ll keep getting away with it as long as the major party of opposition lets them.

L

(Thanks to James Macbeth Dann for drawing my attention to Dame Susan’s column, which was plucked from obscurity by Coley Tangerina.)

The left’s lose-lose SOE strategy

If it wasn’t already over on the night of 26 November 2011, the argument about the popular legitimacy of the government’s plan to partially privatise selected state-owned enterprises was finally put to bed when the pre-registration website for the Mighty River Power float fell over shortly after it went live. Whether this was a result of intentional underprovisioning to generate buzz or genuine organic demand doesn’t matter: within 24 hours 100,000 people had pre-registered interest in buying shares. That’s about one-third of the signatures opponents of the scheme took seven months to collect to force a citizens initiated referendum. The battle over whether these assets will be sold has been well and truly lost, and expending more political firepower on it is futile. The left needs to start organisaing around how they will be run.

This episode highlights two separate failures of strategy; one from the 2011 election, and one for 2014 and beyond.

Salience
Labour mistook asset sales for a high-salience issue and tried to run a campaign on it, when in reality too few cared enough for it to work. I have no reason to disbelieve the assertion that most people don’t want the assets sold. But the evidence of the election, the sluggish uptake of petition signatures, and the general lack of traction gained by the Labour party, for whom this has been the only coherent policy frame since the election, show that it is not an issue about which people are strongly exercised.

This strategy worked quite well for NZ First, and to a lesser extent the Greens, both of whom have the luxury of being able to appeal to a smaller base who care more strongly about a narrower range of issues. But it didn’t work for Labour, and the recognition that what works for parties of a relatively activist mindset doesn’t work for a broad-based, moderate mainstream party is long overdue. It failed. Time to move on.

Mandate
The notion that the government, having spent the entire year 2011 campaigning on it, lacks a mandate to proceed with asset sales is utter nonsense, as I wrote when the campaign kicked off. Labour and the Greens have decided the mood of low-level dissatisfaction with the plan that failed to win them the election will be sufficient to derail the policy now that it is on the move. They have decided that a citizen-initiated referendum, which worked so well for the opponents of the Section 59 repeal, is their best tool. Andrew Geddis wrote brilliantly about the problems with this in June last year, and here I essentially restate one of his arguments — that the Greens and Labour should be careful what they wish for. Both Labour and the Greens rely on the maxim that what’s right is not always popular. By insisting that policy be popular to be passed they risk painting themselves into a corner when next in government.

Plenty of bad policies are popular — three strikes, scaremongering about immigration, and most of the government’s welfare reforms are good examples. Despite what Josie Pagani might say, all are inimical to Labour and Green politics. How can they oppose these policies, if they’re so popular? Conversely, how can they insist on passing unpopular policies? Many of these are more central to the Greens than to Labour — the Greens are not a popular party; they poll just above 10%, so why are they embracing populism? Their policy agenda relies on making the electorate eat its greens, so to speak. Emissions control legislation, for example, will be deeply unpopular if it’s remotely effective. Likewise public transport and urban development policies, whose upfront costs are large and immediate but whose benefits are long-term and gradual, will be incredibly hard to pass if they insist on gaining the support of car-reliant suburban villa-owners.

Whether they “win” the referendum or not, at best Labour and the Greens will be vulnerable to legitimate accusations of hypocrisy whenever they propose policy that is merely somewhat popular, as opposed to being very popular. The will have demonstrated that consistency doesn’t really matter, and that could do deep harm to their long-term credibility. Worse yet, they could stand rigidly by their new-found populism and only propose policy that a clear majority of the electorate wants. Both strategies do more for NZ First than they do for Labour and the Greens.

The discussion has changed
The left has lost the argument about asset sales. Barring some sort of deus ex machina it’ll go ahead and will probably be a net vote winner for the government. But the apparent mismanagement of Solid Energy has given Labour and the Greens an opportunity to reframe the state-owned enterprise discussion, away from who owns these businesses to how they are run.

Both parties must be reluctant to do this, given that many of the bad decisions were made under the previous Labour government, and much of the lost money was poured into “green” tech like biofuels. But it is a necessary shift if the left is to own some of this debate. Regardless of what occurred before 2008, that things got so much worse under the current government, and that this was apparently a surprise to the shareholding minister is a serious failure of governance, and the public deserves answers about it. It’s a good opportunity for the left to highlight the point that there are good government managers and bad government managers, and that they will be the former, not the latter. The Greens have begun to do this by arguing that the government’s policies and directives to Solid Energy — including the lignite strategy, and changes to the Emissions Trading Scheme — effectively kneecapped the company.

Labour and the Greens should take the initiative and reframe this SOE debate now. If they persist with beating the dead horse of ownership, the risk is that the government will strengthen its case that the state simply isn’t fit to own businesses, paving the way for the rest of the SOEs to be sold as soon as they can secure a mandate to do so. The only alternative I can see for the opposition is a pledge to re-nationalise the sold assets. If they’re going to do that they need to get on with it — if they reveal this policy after the Mighty River Power float goes ahead the risk isn’t the argument that the state shouldn’t own businesses; it’s that Labour and the Greens are parties of big-government kleptocracy, trying to turn Aotearoa into the Venezuela of the South Pacific.

L

Political Fratricide.

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

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).

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