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.

National has to be delighted about the coverage of their drunken bully boy last on the list MP, Aaron Gilmore. Coalition partner John Banks is in court on issues of political corruption. National is trying to ram through under urgency a gross expansion of domestic espionage courtesy of the amendments to the GCSB Act. What does the media focus on? Not-so-happy Gilmore. If I were the PM, I would milk the Gilmore story for all its worth, always looking chagrined.

There are very serious issues being discussed this week. US Attorney General Eric Holder is currently in the country. This is the person who authorized the FBI extradition pursuit of Kim Dotcom that resulted in the over the top raid on Dotcom’s home and subsequent legal debacle that is the case against him and which resulted in the Kitteridge report that recommended the organizational and legal changes now being proposed. As I allude to in the immediately previous post, the findings of a military inquiry about major failures in command and training in Afghan deployments have been released but not made public (huh?). The Green/Labour attempt to disrupt asset sales could be a watershed political moment.

Yet all of these take a back seat to the habitual escapades of a dolt working hard at being a lout.

Note to the media: although the salacious details of an inconsequential politician’s idiocy might seem worth mining, especially if it seems that he could wound the government, the real stories are dead and centre in front of you. Smelling shallow blood in the water is not akin to developing real critiques of the way power is exercised.

Note to the PM and the media that take his ignorance or obfuscation at face value: 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 two things are quite different.

Contrary to what the government would hope and TVNZ would like to believe, Seven Sharp is an idiot echo chamber, not a news aggregator, and therefore should not be used as a model for selecting which stories deserve emphasis.

Time to get off of the shellacked curly-cued imp and onto the issues that actually matter.

Phil Goff is in the spotlight for supposedly leaking the results of a suppressed NZDF inquiry into the suicide of a soldier in Bamiyan Province, Afghanistan, on April 3, 2012.  From what I can tell, what Mr. Goff has publicly commented about had already appeared in various media, so I do not believe that he leaked any suppressed details.

The inquiry focused on the deployment of the NZDF rotation to Bamiyan known as CRIB 19 (September 2011-April 2012). Besides the suicide, the inadequate training of CRIB 19 prior to deployment to Bamiyan has already been reported (as have complaints about the training of the ill-fated CRIB 20, which suffered five combat deaths in two ambushes). CRIB 19 only had three weeks (rather than five) of training prior to deployment (a 40 percent reduction), with some modules apparently taught on the flights into the theater or upon arrival. The deployment was also abruptly extended from six to eight months. The soldier killed himself in the last month of that extended deployment.

It appears that the NZDF is trying to suppress a full report on the command failures involved. The excuse that CRIB 19 could not receive full training prior to deployment due to RWC duties is laughable and an insult to the public’s intelligence. For example, since rotations to Bamiyan were planned well in advance, does it really seem plausible that those designated for deployment were diverted to crowd control and other logistical support connected to the RWC rather than to combat or at least conflict zone preparations? With a complement of 6000 Army and another 6000 in the Air Force and Navy, could not 100-200 soon-to-be deployed soldiers and sailors been spared RWC duties?

Given that there were/are serious hand-off and hand-on issues involving PRT/NZDF command leadership and personnel changes in foreign theaters, can it be true that the RWC threw a spanner into what was by that decision time an opened and extended international security commitment known locally as a longer tour of NZDF duty and commitment to major ISAF allies?

Put shorty: did successive New Zealand governments commit troops to Afghanistan (and Bamiyan) under false or changing pretenses and then blamed rugby for the contradictions in its policy enforcement?

As an aside, it should be noted that the size of the NZDF PRT contingent grew steadily over the years, from around 50 in the first rotation to nearly 200 in the last. That is one indication of the deteriorating security situation in Afghanistan during the course of the Bamiyan PRT mission. It would also indicate that more rather than less conflict-related training prior to deployment was advisable given the obvious mission creep.

If CRIB 19 personnel were diverted to RWC duties to the extent that their training time was shortened before they deployed into a combat zone and then their deployment was extended by two months without notice and without the usual leave provisions, then that is a command failure. Worse yet, if–and I emphasize that this is only an if–the training time was shortened as a  result of cost-cutting measures undertaken by the NZDF as part of the government’s across-the-board spending cuts, then it was a political as well as a command failure. Whatever the case, the reasons for the shortened training needs to be explicated in better detail than the simple “they were on RWC duty” line.

After all, sending people into harms way without adequate training is nothing short of criminally negligent.

Whatever happened to the disinfectant impact that the light of public scrutiny has on government (and this case NZDF) behavior? If ever there was a need for such light, it is in the case of CRIB 19.

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.)

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

It turns out that the Prime Minister was briefed about the Dotcom surveillance by the GCSB in February 2012, not in September 2012 as Mr. Key has previously asserted. It also turns out that the eavesdropping began before the late 2011 timeframe offered by the government and repeated in Inspector General Paul Neazor’s report on the unlawful nature of the GCSB’s involvement n the Dotcom case. Since 2009, shortly after National assumed government, there have been at least three other cases involving the GCSB that may be of dubious legality. The official story admits that the legal advice given to the Police and the GCSB with regards to Dotcom’s residency status was wrong. Apparently neither the Police or GCSB checked with Immigration, Customs or other agencies about the issue (or if they did, they received either erroneous advice or ignored the correct advice given).

Mr. Key says that the briefing in February 2012 was about the general roles and capabilities of the GCSB, and that Mr. Dotcom’s photo came up as part of a laptop slide show presentation. That is curious. One would assume that Mr. Key would have received such a briefing as part of the transition to and early days of his first government, and that he would consequently have an idea of GCSB functions well before February 2012. It would be astounding if no such briefing took place during his first term as Prime Minister, and it would be only slightly less astounding if he required a remedial or follow-up briefing in February 2012, which just happened to be less than three weeks after the Dotcom raids.

More plausible would be that the briefing in February 2012, as the government returned to business after the summer holidays, was a status report on ongoing GCSB operations. One would presume that the slide show presentation was done to bullet point the main thrust of those operations as well as the targets and methods involved. The Dotcom case would have been one of them.

The question begs as to whether not only is the Prime Minister’s memory faulty, but whether he is competent on matters of security and intelligence. If he needs a remedial general brief about the GCSB role and functions and/or cannot distinguish between an operational status update and a general brief after nearly four years in office, then he clearly is not up to the task of providing effective oversight of the intelligence apparatus. Nor, it would seem, is his cabinet, which presumably would have prepped him on the nature of the visit to the GCSB headquarters in February 2012 and provided him with detailed questions on the operations in question. One of them might have been with regard to Mr. Dotcom’s residency status and the legality of GCSB surveillance in that case.

It would seem that, to paraphrase an observation about Sarah Palin, he has a singular intellectual disinterest in matters of security and intelligence, and that disinterest is shared by his closest advisors. Contrast that with his real interest in tourism (of which he is minister), the foreign film industry (for which his government changed NZ law in order to accommodate the conditions demanded by one foreign investor) and privatization and asset sales schemes of various sorts.

The bottom line is that John Key is to intelligence oversight what the captain of the Costa Concordia is to maritime safety–both asleep or otherwise engaged while in command.

The Dotcom case is the unhappy gift that keeps on giving. The media and the opposition are peeling away the layers of obfuscation that make up the bulk of the government’s version of the story. There is surely more unflattering revelations to come.

Fundamental issues of accountability and oversight have been raised by the Dotcom case, not only with regard to the substance of the charges against him and the way in which the Police, Crown and GCSB conducted themselves, but with regard to the general conduct of New Zealand intelligence agencies (the SIS has had its own share of embarrassments in that respect).

With a parliamentary security and intelligence committee devoid of effective oversight powers, an Inspector General of Intelligence whose independence and authority are tightly circumscribed and a prime minister who is either incompetent or disinterested in security and intelligence matters, or whose managerial style is to allow sensitive government bureaucracies to operate with near total independence wedded to an absence of institutional accountability (which can be vertical or horizontal, with both being needed for effective democratic oversight of intelligence and security agencies), the Dotcom case may only be the tip of the iceberg when it comes to state agencies playing loose with the law.

That matters only because adherence to the rule of law is considered to be one fundamental measure of the quality of democracy. The core of that measure is that the State adhere to the law as much if not more than its citizens. Given the revelations in the Dotcom case, which follow on other instances of intelligence agency malfeasance (e.g. the Zaoui beat-up), New Zealand has found itself sorely wanting.

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

Read the rest of this entry »

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

L

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

In the wake of the most recent NZDF deaths in Bamiyan Province, the Prime Minister has decided to accelerate the timetable for withdrawal of NZDF from the Bamiyan Provincial Reconstruction Team to April 2013. After that the PRT will remain in UN and local hands. The original withdrawal date, originally slated for 2014, had been moved up to late 2013 after discussions with the International Security Assistance Force (ISAF) partners, but the April date represents a six month advance on that deadline. Even so, the PM says that his government will not “cut and run” on its obligations to ISAF, NATO and the UN (and presumably the Hazara people who are the majority in Bamiyan but who are an oft-oppressed ethnic and religious (Shiia) minority in Pashtun Sunni-dominated Afghanistan). That means that for the next eight months the NZDF will continue its mission regardless of what comes its way in Bamiyan.

The Prime Minister has said that the NZDF troops have adequate equipment with which to defend themselves and that no major increases in troop numbers is needed to fulfill the PRT mission requirements. He and the Chief of Defense Forces have also said that they will increase patrols, including into neighboring Baghlan province, in order to prevent and interdict cross-border incursions by Taliban such as those that have resulted in the deaths of the NZ soldiers this month (I shall leave aside the snide critique by the PM of the Hungarian PRT in Baghlan since its rules of engagement (ROE) never involved long-range patrols and the Hungarian government has never succumbed to the pressure to do so (seeing it for what it is: “mission creep”). Other Hungarian forces as well as those of ISAF partners did and do conduct day and night patrols in Baghlan). The government has gone on to say that the NZDF have been successfully engaged in a “hearts and minds” campaign as part of their patrols in Bamiyan, which is what has prompted the increase in attacks by the Taliban.

There are several aspects to the account that I find interesting. When the original timetable for withdrawal was announced by ISAF, the Taliban commander Mullah Omar and several of his lieutenants publicly stated that they would increase attacks on all coalition members in order to push them out earlier. They well understood that with a timetable fixed and with the Taliban, as an indigenous armed political force, in Afghanistan to stay, an increased tempo of attacks might force some coalition partners to depart earlier than schedule rather than suffer mounting losses. Add in the fact that the democratic policy-making processes of many ISAF coalition members make them very susceptible to public opinion, then a wave of increased attacks leading to increased losses could well move the political calculation with regards to withdrawal towards earlier rather the later. Indeed, some junior coalition partners have already departed.

In the past year, as the predicted attacks in Bamiyan increased, the nature of the PRT mission changed as well. From its primary objective of reconstruction and capacity-building it moved to force protection, indigenous security training and armed patrol. In recent months and in light of the anticipated withdrawal date, the latter functions–force protection, indigenous security training and armed patrol–have taken precedence over the reconstruction aspects of the mission (which are being handed over to civilian authority in any event).

In response, the last two PRT rotations (October 2011-April 2012, April 2012-present) have seen changes in force composition to more infantry troops and less engineers. Among other shifts, explosive ordinance disposal (EOD) specialists have been priority detailed to the mission. Infantry soldiers replaced engineers because the former are the means by which the hearts and minds, force protection and indigenous mentoring campaigns are undertaken, plus reconstruction work is already passing to civilian hands. Field medics are needed in equal or more numbers given their increasing combat requirement sharing space with the original public health orientation of the  PRT.

The armed Hiluxs that were initially used for “light” patrols were replaced by “up-armored” Humvees and then later by the infamous Light Armored Vehicles (LAVs, or as the US prefers to call them “Strykers”). Although reinforced in theater, neither of these type of vehicle have the V shaped hulls that are the best defense against IED blasts. The LAVs also are not suitable for steep narrow tracks or water crossings, so their presence is most effective in and around the capital of Bamiyan (Bamiyan City). Once NZDF patrols pushed further afield the onus of safety fell on the foot soldiers involved, since dismounted tactics are the most effective tools against small dispersed groups of insurgents given the challenging terrain in which the NZDF is forced to operate.

This shift in troop specialization was reasonable given the increasing pace of attacks, which included IED as well as small arms ambushes in growing numbers (besides the ambush in which Lt. Tim O’Donnell was killed in 2010, there have been multiple IED  and small arms attacks on NZDF convoys and patrols during the past 18 months). As independent observers have noted all along, the security situation in Bamiyan, as in the rest of Afghanistan, has deteriorated markedly since the withdrawal date was announced. It is therefore not surprising that the NZDF has come under increasing attack, and although sad, it is not surprising that it has suffered losses as a result. What is even more sad is that in spite of the worsening security situation, until very recently the NZ government insisted that the situation in Bamiyan was relatively stable and safe, perhaps because it feared what the public response would be if it told the truth.

Now confronted with the harsh reality of the situation, the government has announced its plan to extend NZDF patrols in Bamiyan and into Baghlan and to continue the hearts and minds approach to counter-insurgency. It also says that while doing so it will not significantly increase the combat force complement of the Bamiyan PRT nor raise overall troop numbers much above the 149 currently deployed. That seems odd.

The combination of extended patrols and hearts and minds is essentially the core of the inkblot counter-insurgency strategy that US generals David Petreus and Stanley McCrystal used in Iraq and Afghanistan. It involves stationing troops in villages or in forward outposts alongside local security forces, where they live and work amongst the local population. This gives them an extended armed presence that allows for better collection of local intelligence via the cultivation of personal ties with locals, and is seen as a way of incrementally denying the enemy control of territory in the measure that the various “dots” expand their areas of effective control and begin to merge jurisdictions. On the downside, it also makes the troops involved more vulnerable, particularly to so-called “green on blue” attacks in which local security personnel turn their arms on their foreign mentors (the Taliban have deliberately infiltrated both the Afghan National Army and National Police in order to engage this tactic, with remarkable success).

In order to undertake the inkblot counter-insurgency strategy, both Petreus and McCrystal argued that a “surge” in troops was necessary. That is, more armed “boots on the ground” were required in order to extend the range and scope of operations beyond the fixed bases and daily patrols that characterized the conventional approach to securing the countryside (which was premised on the attrition of enemy fighters resulting in a diminished level of armed conflict). Thus in Iraq and Afghanistan thousands of extra troops were deployed as part of the inkblot surge in order to push the enemy back and secure better conditions for both locals and foreign troops in the months ahead of the withdrawal date. The idea is to not only place the enemy on the defensive in order to give time and space to local forces to more effectively secure their own areas of responsibility, but also to set a more favorable stage for local authorities to negotiate the nature of the post-withdrawal regime. After all, it is better to negotiate from a position of strength than weakness. The inkblot surge is designed to provide the conditions for that to occur.

That is basically what the NZ government is arguing in favor of, but without the surge. In a place like Bamiyan, the stated intent to extend patrols as part of an upgraded hearts and minds campaign would appear to require more than the current number of soldiers. In fact, it would seem that an infantry company (around 130 soldiers) would be the basic minimum amount required to “surge.” The question is whether the NZDF has such a capability ready to deploy even if the government would like that to happen. And even if that is the case–that the government wants to undertake the surge and the NZDF can do so–the follow up question is whether that would be politically palatable to the NZ public. If the answer to any of these questions is no, then what exactly does the government think that the NZDF can do in Bamiyan to decrease the number of attacks on its troops?

At current levels the PRT cannot not cope with a rising wave of attacks. The IED on the NZDF medivac convoy was placed at night less than 15 kilometers from the PRT base in Bamiyan City.The placement of the IED appears to have been done after the medivac patrol headed out to retrieve the ill soldier from a forward post and in anticipation of its return. There were no LAVs on the medivac mission because they were too large and heavy for the dirt road leading to the post, so four Humvees were used.

The PM and CDF say that the IED had 20 kilos of explosives, so a LAV would not have survived the blast either. It is also possible that the triggering device did not act according to plan, resulting in a signal delay that transferred the  IED blast from the first to the last Humvee (and which could well have made impossible a small arms attack once the convoy stopped). Both may be true, but the ability of insurgents to carry, place and detonate  a 20 kilo IED close to the main Kiwi base in Bamiyan on a known route to and from an NZDF forward post without being detected should be a point of discussion in NZDF HQ. After all, mine sweeping is a requisite for mine defusing, and finding one after a fatal attack demonstrates that the NZDF EOD capability in Bamiyan is lagging behind that of the Taliban bomb-makers (one of whom is said to be the target of the previous fatal ambush and who is suspected of participating in the latest attack).

Since the NZDF cannot be everywhere at once, that means that the insurgents have at least partial control of the night very close to the PRT. Moreover, the IED appears to have been detonated by remote control rather than pressure plate, which means that the trigger man had a daylight line of sight on the convoy as it passed the blast zone. What that means, in sum, is that the Taliban operate very close to the PRT itself and can move with some impunity at night even when in close proximity to the very area in which the bulk of NZ troops are stationed. That is troubling.

The PM has given assurances that other country’s special forces will come to the aid of the NZDF if need be. I sure hope so, because the last time I looked other country’s special forces have their hands full in places like Kandahar and Helmand provinces. Be clear on this: the bulk of the fighting in Afghanistan is happening in the South and East, not in the Central Northwest where Bamiyan is located. That fighting occupies the full attention of the ISAF forces involved. Even if airborne reinforcements were sent from Kabul (which is about 100 kilometers away from Bamiyan), it may be too late for them to make the difference in any given confrontation.

Expanded combat patrols and increased forward basing mean more chances of contact with the enemy. More contact means more potential casualties. The best way to avoid losses is to have robust forces on the ground close to the point of contact(s) because air cover is not always available in real time, at the moment of engagement. That is why extended patrolling and variations of inkblot approaches to counter-insurgency require more ground troops in theater.

I find it unrealistic and dangerous for anyone to suggest that the NZDF will increase and expand its patrols in the months leading to the April 2013 withdrawal date without increasing the number of troops it will dedicate to that task. Perhaps there is something in the NZ government or NZDF game plan that I am not aware of that will do what even the US could not do, which is to embark on an inkblot counter-insurgency strategy without a troop surge in the six months before departure. That assumes that the NZ government and NZDF hierarchy are fully cognizant of what they are proposing to do, of what they are asking of their soldiers. I also hope that they will take full responsibility for whatever happens in the months ahead given the choices they have made.

In any event the NZDF soldiers in the next (and last) Bamiyan PRT rotation scheduled to begin in October are in for a very challenging six months. Let us hope that their training and resolve sees them through unscathed, and that they all return safely. However, while it is good to hope for the best, I also think that it is prudent for the NZ public to plan for the worst. There are trying days ahead.

A recent canvass of members of the diplomatic community resident in Wellington had as a common theme the apparent incoherence of contemporary New Zealand foreign policy. That prompted me to attempt to deconstruct the major features of New Zealand foreign policy during the last three decades and to offer some explanations as to why they no longer hold in the measure that they once did. You can find the explanation here.