Posts Tagged ‘Representation’
It turns out that nearly 5 months after getting re-elected, the government has decided on the composition of the Intelligence and Security Committee (ISC). Besides himself as Chair of the ISC, the Prime Minister gets to select two members from the government parties and the Opposition Leader gets to select one member from opposition parties. In both cases the respective Leaders are expected under Section 7 (1) (c,d) of the 1996 Intelligence and Security Committee Act to consult with the other parties on their side of the aisle before selecting the remaining members of the committee. The language of the Act is quite specific: “c) 2 members of the House of Representatives nominated for the purpose by the Prime Minister following consultation with the leader of each party in Government: (d) 1 member of the House of Representatives nominated for the purpose by the Leader of the Opposition, with the agreement of the Prime Minister, following consultation with the leader of each party that is not in Government or in coalition with a Government party.” (1996 ISCA, pp. 6-7).
Not surprisingly the government has nominated two National MPs, Attorney General Chris Finlayson and Justice Minister Amy Adams, for membership on the ISC. It is not clear if ACT, the Maori Party and United Future were consulted before their selection. What is more surprising is that Andrew Little nominated David Shearer and did not consult with opposition parties before making his selection. While Shearer is a person with considerable international experience and has been a consumer of intelligence (as opposed to a practitioner) during his career, Mr. Little has been neither. In fact, it can be argued that Mr. Little has the least experience of all the proposed members when it comes to issues of intelligence and security, which means that he will have to lean very heavily on Mr. Shearer if he is not not be overmatched within the ISC.
Moreover, in past years Russell Norman, Peter Dunne and Winston Peters have been on the ISC, so the move to re-centralise parliamentary oversight in the two major parties represents a regression away from the democratisation of representation in that oversight role. Since these two parties have been in government during some of the more egregious acts of recent intelligence agency misbehaviour (for example, the Zaoui case, where intelligence was manipulated by the SIS to build a case against him at the behest of or in collusion with the 5th Labour government, and the case of the illegal surveillance of Kim Dotcom and his associates by the GCSB in collusion or at the behest of the US government under National, to say nothing of the ongoing data mining obtained via mass electronic trawling under both governments), this does not portend well for the upcoming review of the New Zealand intelligence community that this ISC is charged with undertaking.
The Greens have expressed their disgust at being excluded and have, righty in my opinion, pointed out that they are the only past members of the ISC that have taken a critical look at the way intelligence is obtained, analysed and used in New Zealand. But that appears to be exactly why they were excluded. According to John Key, Labour’s decision was “the right call” and he “totally supports it.” More tellingly, Mr. Key said the following: “A range of opposition voices from the minor parties could railroad the process. I don’t think the committee was terribly constructive over the last few years, I think it was used less as a way of constructing the right outcomes for legislation, and more as a sort of political battleground” (my emphasis added).
In other words, Russell Norman took his membership on the ISC seriously and did not just follow along and play ball when it came to expanding state powers of search and surveillance under the Search and Surveillance Act of 2012 and GCSB Act of 2014.
That is a very big concern. Mr. Key believes that the “right” outcomes (which have had the effect of expanding state espionage powers while limiting its accountability or the institutional checks imposed on it) need to be produced by the ISC when it comes to the legal framework governing the intelligence community. Those who would oppose such outcomes are not suitable for membership, a view with which Andrew Little seems to agree.
This is so profoundly an undemocratic view on how intelligence oversight should work that I am at a loss for words to explain how it could come from the mouth of a Prime Minister in a liberal democracy and be tacitly seconded by the Leader of the Opposition–unless they have genuine contempt for democracy. That is a trait that W. Bush, Tony Blair and John Howard shared as well, but what does that say about the state of New Zealand democracy?
Mr. Little has given his reason to exclude Metiria Turei of the Greens from ISC membership as being due to the fact the Mr. Norman is stepping down in May and Mr. Little wanted “skills, understanding and experience” in that ISC position. Besides insulting Ms. Turei (who has been in parliament for a fair while and co-Leader of the Greens for 5 years), he also gave the flick to Mr. Peters, presumably because that old dog does not heel too well. As for Mr. Dunne, well, loose lips have sunk his ship when it comes to such matters.
The bottom line is that Mr. Little supports Mr. Key’s undemocratic approach to intelligence oversight. Worse yet, it is these two men who will lead the review of the NZ intelligence community and propose reform to it, presumably in light of the debacles of the last few years and the eventual revelations about NZ espionage derived from the Snowden files.
As I said last year in the built-up to the vote on the GCSB Amendment Act, I doubted very much that for all its rhetorical calls for an honest and thorough review process that led to significant reform, Labour would in fact do very little to change the system as given because when it is in government it pretty much acts very similar to National when it comes to intelligence and security. If anything, the differences between the two parties in this field are more stylistic than substantive.
What I could not have foreseen was that Labour would drop all pretence of bringing a critical mindset to the review and instead join National in a move to limit the amount of internal debate allowable within the ISC at a time when it finally had an important task to undertake (in the form of the intelligence community review).
As a result, no matter how many public submissions are made, or how many experts, interest groups and laypeople appear before the ISC hearings, and how much media coverage is given to them, I fear that the end result will be more of the same: some cosmetic changes along the margins, some organisational shuffles and regroupings in the name of streamlining information flows, reducing waste and eliminating duplication of functions in order to promote bureaucratic efficiency, and very little in the way of real change in the NZ intelligence community, especially in the areas of oversight and accountability.
From now on it is all about going through the motions and giving the appearance of undertaking a serious review within the ISC. For lack of a better word, let’s call this the PRISM approach to intelligence community reform.
Posted on 15:25, January 15th, 2015 by Pablo
This week I attended a talk by Kiwi journalist Yasmine Ryan, currently based in Tunis. Yasmine previously worked for al-Jazeera and now freelances from her Tunisian base. Her talk was about the state of affairs in the Arab world, and more specifically, North Africa.
She had many interesting things to say but I garnered three main points from her talk. First, the the so-called Arab Spring has failed to open Arab politics in any meaningful way. Second, levels of corruption in the Arab world are so high and so pervasive that reform is virtually impossible, especially when foreign interests back the entrenched power elites. Third, state capacity (measured by public infrastructural development, enforcement of norms beyond simple repression and provision of goods and services) is woefully lacking throughout the region, something that contributes to pervasive discontent amongst disempowered groups.
Her bottom line was that although Tunisia is touted as an Arab Spring success story, it is in fact not and yet is the best of a sorry lot of post-dictatorial regimes now governing in North Africa.
As Yasmine spoke, I found myself pondering her use of words. She referred to the Tunisian “revolution” and to the “democratisation” of Arab politics. Her use of these terms reflects standard journalistic practice although she knows well that nothing of the sort has happened in North Africa. Let me explain why.
“Revolutions” properly conceived are popular uprisings that lead to the armed overthrow of the state and the imposition of a paradigmatic change on society under a new political regime in the wake of the overthrow. The first key to revolutionary success is victory over the repressive apparatus, either as a result of combat or because the repressive apparatus switches its allegiances to the new sovereign contenders. The second key to revolutionary success is the scope of paradigmatic change covering political society, civil society and the economic structure of the nation-state. Needless to say, none of this happened as a result of the so-called Arab Spring.
So what did happen? Well, if revolution does not eventuate and democracy does not obtain, then other outcomes are possible. The regime being challenged can use its repressive superiority to reassert its authority and crack down on dissent, thereby quashing the seeds of popular uprising. This occurred in Bahrain, although it took Saudi Arabian troops to help repress the mostly Shiia uprising against the Sunni elite in that country. To a lesser extent it occurred in the 2009-10 election protests and the 2011-12 Arab Spring-inspired “Day of Rage” protests in Iran.
Another alternative outcome is a civil war where the challenged regime is forced into an armed struggle with rebel groups or in which the old regime is overthrown but new power contenders fight each other in order to establish their claim to being the new sovereign. The former is happening in Syria and the latter is happening in Libya. Iraq is a variation on this, with foreign intervention rather than popular unrest being the gateway (if not cause) for post-authoritarian internecine violence marshalled along sectarian lines.
A third option is for the authoritarian regime being challenged to engage in what is known as a “passive revolution.” “Passive revolution” is where the regime elite adopts cosmetic changes and engages in reform-mongering to appease popular discontent but does not fundamentally alter the power elite or the institutional bases of their power. One of the cosmetic changes is electioneering rather than democratisation (which involves more than elections and encompasses institutional, social and economic life). This, sadly, is what has happened in Tunisia after the fall of Zine El Abidine Ben Ali and in Egypt after the respective ousters of Hosni Mubarak and Mohamed Morsi. In both cases the power elite underpinning the ousted authoritarian leaders regrouped under an electoral facade that allowed them to cloak their rule in a mantle of “democratic” legitimacy. In Egypt’s case the scenario had a twist in that Morsi was allowed to become the first freely elected president in Egyptian history, but when his Muslim Brotherhood government pushed its Islamicist-backed constitutional project and Morsi granted himself unlimited executive powers not subject to judicial or parliamentary review, they were deposed in a military coup. The leader of the coup and then head of the Egyptian military, Abdel Fattah el-Sisi, is now president of Egypt.
However, for a passive revolution to work it must, along with continuing to selectively repress dissent, deliver goods otherwise not obtained by the discontented masses. Be it as a short term or longer term strategy, the passive revolutionary approach is more than political window dressing because it hinges on giving the appearance of progressive change by providing public goods and services, and material benefits, that previously were unavailable. Yet, in Egypt as well as Tunisia, none of that has occurred because of rampant corruption, lack of state capacity, and an absence of economic opportunity under the power elites that ruled before the regime changes and who continue to rule today. What has occurred is the resumption of repression of those who wish to push for a further and more substantive political opening.
This means that the root causes of popular discontent remain unaddressed, which makes the passive revolutionary approach inherently weak. It is akin to putting a sticking plaster on an arterial bleed–it may staunch some short term dissent but it cannot contain the surge of discontent over the long term.
But there is a twist to the story. It turns out that Tunisia has supplied the largest contingent of foreign fighters to the Islamic State. Egypt also has proved to be a fertile recruiting ground for jihadists, and Libya is overrun with them fighting to overthrow the central government in Tripoli. Why would alienated individuals in Tunisia and Egypt opt to join a foreign war rather than continue to fight for progressive political change at home?
I believe the answer is that those who choose to leave to fight for IS or al-Qaeda see the results of the Arab Spring for what they really are: a reassertion of the traditional status quo under different guise. Understanding the impossibility of affecting significant political, social and economic change at home, these disaffected fighters migrate to foreign conflicts in which the enemy is clear (be it the West, Israel, Iran or Shiia Islam in general) and in which their skills in the management of organised violence can be honed for future use at home should they survive combat. Should they not, they will have died for what they believe to be a good cause.
That is the crux of the “returning jihadi” problem. They pose no existential threat to the West or even stable authoritarian regimes (barring an overreaction by the state and society that makes it appear as if there is in fact a “war” between Islam as a whole and the non-Islamic world). They do not pose an existential threat to stable Muslim dominant societies such as Indonesia and Malaysia. But they do pose a potential existential threat to the passive revolutionary regimes in North Africa as well as in failing or failed states such as Yemen, Somalia and/or those in which civil war is occurring (to include Nigeria even if Boko Harum is comprised of indigenous fighters who for the most part have not traveled abroad).
That is why I see al-Qaeda and the Islamic State as regional rather than global problems–they may have a world wide impact given the decentralised nature of terrorist tactics outside of the Middle East, but their real strategic impact stems from the existential threat they pose to the Middle East itself. After all, even if they use the US, the West, Israel and/or Iran as foils for their violent ambitions, al-Qaeda and IS have their eyes focused squarely on the Gulf petrolarchies as much if not more than they do on any other territorial and political objective.
In the end, it has been the failure of the Arab Spring to deliver on its theoretical promise and popular expectations for real change that has led to the rise of IS and the spreading wave of violent unrest throughout the Arab world. After a moment that promised a thawing of old political structures and the germination of new ideas about the relationship between state and society, the region has proven yet again to be barren ground for peaceful, progressive and lasting social change.
PS: Here is something I wrote in 2011 about Tunisia and other Middle Eastern transitions. Although I do not claim any particular expertise on the Middle East or Arab world, I think that by and large my observations of four years ago have stood the test of time.
In 1995 I published a book that explored the interaction between the state, organised labor and capital in the transitions to democracy in Argentina, Brazil, and Uruguay. The book was theoretically rooted in neo-or post-Gramscian thought as well as the vast literature on collective action and the politics of the case studies. In it I explained how democratic transitions were facilitated by class compromises between labour and capital brokered by the state, which acted as an institutional mediator/arbitrator in resolving conflicts between the two sides of the labour process. I noted the importance of neo-corporatist, tripartite concentrative vehicles for the achievement of a durable class compromise in which current wage restraint was traded for increased productivity in pursuit of future wage gains under restrained rates of profit-taking, all within state-enforced workplace, health, safety and retirement frameworks negotiated between the principles. That way the relations in and of production were peaceably maintained.
One of the things I discovered is that labour or working class-based parties were served best when they had union representation in the leadership. That is because, unlike career politicians, union leaders were closest to the rank and file when it came to issues pertinent to those relations in and of production. As a result, they translated the needs of the rank and file into political imperatives that determined working class political praxis under democratic (read non-revolutionary) conditions.
In contrast,Left politicians tended to be drawn from the intelligentsia and were prone to compromise on matters of principle in pursuit of strategic or tactical gain. Many did not have working class backgrounds, and some spent their entire careers, if not adult lives, currying favour in the pursuit of office and the power that comes with it. More than a few have never held a job outside of the political sphere, which led them to hold an insular view of how working class politics should be conducted. As a result, they were often disinclined to put the material or political interests of the working classes first, preferring instead to pursue incremental gains around the margins of the social division of labour within the system as given.
For those reasons, I found that working class interests were best represented when the union movement dominated the working class party, not the other way around.
But there was a caveat to this discovery: unionists only served as legitimate and honest agents of working class interests if they adhered to a class line. In other words, they had to be genuine Marxists or socialists who put the working class interest first when it came to the pursuit of politics in competition with the political agents of capital. “Class line” was broadly interpreted to include all wage labour–blue and white collar, temporary and permanent, unionised or not. That made them honest interlocutors of the people they represented (the ultimate producers of wealth), since otherwise they would be conceding the primacy of capital and business interests (the appropriators of surplus) in the first instance.
Since the system is already stacked in favour of capital in liberal democracies, it was imperative that the agents of the working class in post-auhoritarian contexts wholeheartedly and honestly embraced ideologies that a minimum rejected the unquestioning acceptance of market directives as a given, much less the idea that capitalism as a social construct was the best means by which societal resources were organised and distributed. The post-transitional moment was an opportune time to press the critique of capitalism, as the authoritarian experiments had demonstrated quite vividly the connection between political oppression and economic exploitation. It was a moment in time (the mid to late 1980s) when unions could impose working class preferences on the political parties that purported to represent the rank and file, and where working class parties could genuinely speak truth to power.
As it turns out, the record in the Southern Cone was mixed. Where there was a Marxist-dominated national labour confederation that dominated Left political representation (Uruguay), the political Left prospered and the working class benefitted the most. In fact, after two decades of failed pro-business government by the centre-right Colorado Party, the union-backed Frente Amplio coalition has now ruled for over a decade with great success and Uruguay remains Latin America’s strongest democracy.
On the other hand, where the union movement was controlled by sold-out opportunists and co-opted bureaucrats (Argentina), who in turn dominated the majority Left political party (the Peronists), corruption and concession were the norm and the working classes benefited the least. In fact, in a twist on the New Zealand story, it was a corrupt, sold-out and union-backed Peronist president, Carlos Menem, who used the coercively-imposed market driven economic reforms of the military dictatorship as the basis for the neoliberal agenda he implemented, by executive decree, in Argentina in accordance with the so-called “Washington Consensus.”
In Brazil the union movement was divided at the time of the transition between a Marxist-dominated militant confederation (the CUT), led by Luis Inganicio da Silva or “Lula”as he was better known, and a cooped confederation (the CGT) that had emerged during the military dictatorship and which was favoured by business elites as the employee agent of choice. The CUT dominated the politics of the Workers Party (PT), whereas the CGT was subordinated to the logics of the political leadership of the right-center PMDB.
As things turned out, although the PMDB won control of the national government in the first two post-authoritarian elections, and the subsequent governments of social democrat Fernando Henrique Cardoso began a number of social welfare projects designed to reduce income inequality and enforce basic human rights, working class interests did not fully proposer until the PT under Lula’s leadership was elected in 2002 (the PT just won re-election for the fourth consecutive time under the presidency of Lula’s successor Dilma Rouseff). In the PT Marxist unionists have dominant positions. In the PMDB and Cardoso’s PSDB, the sold-out unionists did not.
That brings me to the the election of Andrew Little as Labour Party Leader. Leaving aside the different context of contemporary New Zealand relative to the subject of my book and the question as to whether the union movement truly dominates the Labour Party, consider his union credentials. His background is with the EPMU, arguably the most conservative and sold-out union federation in the country. In fact, he has no record of “militancy” to speak of, and certainly is not a Marxist. Instead, his record is that of a co-opted union bureaucrat who likes to work with the Man rather than against Him. The fact that business leaders–the same people who work incessantly to strip workers of collective and individual rights under the guise of employment “flexibilization”– find him “reasonable” and “thoughtful” attests not only to his powers of persuasion but also to the extent of his co-optation.
But maybe that was just what he had to do in order to achieve his true calling and show his true self as a politician. So what about his credentials as a politician? If winning elections is a measure to go by, Mr. Little is not much of one, having never won an election outside his unions. Nor has his tenure as a list MP in parliament been a highlight reel of championing working class causes and promoting their interests. As others have said, he smacks of grey.
Which brings me to the bottom line. Does he have a class line?
I had the opportunity to do a long interview with Olivier Jutel, host of the Dunedin Radio One show “The revolution will not be televised.” It is a rare occasion when one gets to converse at length about a variety of subjects on radio or television, so this was a nice opportunity to air my views on a number of issues, to include the conflict with the Islamic state, New Zealand’s potential role in it, fear mongering as a political strategy, the impact of social media on political behaviour, etc.
The podcast can be found here.
Complex social organisations are the collective means by which individuals aggregate common interests beyond primordial forms of identification (family, clan, etc.). The nature of the interest determines the type of social organisation. Interest and context determine the organising principles by which the collective is aggregated and represented.
The more an organisation becomes entrenched in the social fabric and serves as a landmark feature of the social order, the more it achieves institutional status. Institutions are characterised by their own structures, mores, norms and behavioural characteristics. For example, the military institution has organisational features and behaviours that are not the same as those of churches or sports associations. The Police and surf lifesaving have institutional cultures all of their own.
Political parties are social organisations created in pursuit of ideological, political or policy objectives.Well-entrenched political parties often achieve institutional status and serve as channels for aggregating political interests amongst the majority of the population.
With that in mind, and with an eye towards the rolling disaster that is otherwise known as the NZ Labour Party, here are some immutable laws of social organisation. They are a combination of Weberian, Michelian and Leninist principles with a bit Olsen, Offe and Wiesenthal thrown in.
Rule Number One: The bottom line of the organisation is to survive.
Rule Number Two: The organisation must succeed in achieving core goals in order to survive. Core goals and the pursuit of them are defined by the interests being represented, which involves agent-principal relations. Unlike interest aggregation manifest in social organisation under authoritarian conditions, in liberal democracies long-term collective representation is more consultative rather than directive when it comes to the relationship between agents and principals.
Rule Number Three: Core goals are strategic, not tactical.
Rule Number Four: Winning over competing groups is tactical, not strategic.
Rule Number Five: Leadership is about pursuing if not achieving core strategic goals based on collective interest. Tactical decisions are left to lieutenants who understand the strategic objectives at stake. Tactical decision-making should be seen as a step towards leadership but cannot infringe on the pursuit of core interests.
Rule Number Six: People may come and go but the organisation must live on.
This rule has two sub-components: 1) the organisation is more than the sum total of the people in it at any given time. It has history, traditions, rules, by-laws, informal and formal agencies, symbols, and physical assets that together make up the organisational context in which individual party members operate, features that remain long after individuals have left the scene; 2) the organisation is more important than the individuals within it at any given time, but it is only as good as the individuals that comprise its human element at any given moment. The quality of the people involved in the organisation determines its strength and resilience given the backdrop mentioned in component number one.
Rule Number Seven: The organisation is different from and not reducible to the ambitions of individuals or factions.
Rule Number Eight: While factions are inevitable in complex social organisations which aggregate heterogenous interests around core objectives, no single faction should dominate organisational logics and strategies given the diversity of interests at play. While an ebb and flow in dominant views can be expected given conjunctural conditions, prolonged domination of organisational representation or outlook by one faction is inimical to the organisation’s long-term health.
Rule Number Nine: Internal conflicts should focus on policy, not personality.
Rule Number Ten: Internal backstabbing and skullduggery may offer short term advantages for those involved but can backfire over the long-term and are corrosive on morale of the organisation in any event.
Rule Number Eleven: Internal quarrels are like family feuds–they need to be kept within the organisation because exposure to outsiders aggravates, complicates and makes such conflicts more difficult to resolve since the interests of outsiders come into play.
Rule Number Twelve: Social organisations are more than marriages of convenience and should be treated as such. That means purging the organisation of those who see it in opportunistic or instrumental rather than principled terms.
Rule Number Thirteen: If the organisation cannot abide by the first twelve rules, it fails the basic test of representation and should reorganise or cease to exist.
These rules are simplified and in no way novel or exhaustive. Let them merely serve as a reminder of the basics of organisational survival.
It is precisely because of this that Labour’s current woes are all the more alarming for those who would otherwise see it as the preferred vehicle for channeling political aspirations. If it cannot adhere to the basic rules for survival, then it is even less likely that it can become successful anytime in the near future. To the contrary, although it may remain alive in name it is now closer to organisational demise than it is to renewal.
Contenders, pretenders, opportunists, fence straddlers and hangers-on in the Labour Party ranks need to be cognisant of this fact. After all, they may be clinging to different lifelines but they are taking on water together.
Although we in NZ have been preoccupied with our own national election, Fiji had one a few days earlier that arguably is far more important when it comes to that country’s long-term prospects. Much has been written about this foundational election and the transition from dictatorship to democracy, but in this 36th Parallel analysis I consider the possibility that Fiji may see Singapore as a developmental model worth emulating.
It is not as crazy an idea as you might think at first glance.
A while back I wrote a post arguing that the NZ Left was in serious disarray. Various Left pontificators fulminated from the depths of their revolutionary armchairs against my views, denouncing me for being defeatist. I responded as politely as I could.
Last night conservative, ring wing parties won nearly 64 percent of the popular vote. Left wing parties–such as they are given Labour’s pro-capitalist bent, the Green’s turn to the middle and Internet/Mana’s schizophrenic leanings–mustered 36 percent of the vote. The message is clear: New Zealand is a right-leaning country. Nearly 30 years of pro-market policy (an entire generation’s worth) has resulted in a country that no longer considers egalitarian and redistributive principles as hallmarks of the national identity. Instead, the turn to self-interest has seeped deeply into the social fabric.
That is the context in which the NZ Left must operate. That is the context that I was writing about in my earlier postings. And that is the context that we will have for the foreseeable future unless the Left learns to shift the terms of the political debate off of tax cuts, deficits, public spending, workforce flexibility and other pro-market arguments. So far it has not done so and in fact has often tried to operate within the context and political debate as given. Perhaps last night’s drubbing will make the Left realise that this is a mistake.
After all, those who define the terms of the debate are those who win.
In order for the Left to re-define the terms of political debate in NZ there has to be a plausible counter-argument that can compete with the language of austerity, limited government, non-interference and self-interested maximising of opportunities. This election campaign demonstrated that concerns about civil liberties, privacy, child poverty, environmental degradation, corporate welfare, predatory trade and other progressive cornerstones took a back seat to economic stability as defined by market ideologues.
Given that fact, the process of re-definition has to start there: basic definition of economic stability. One way to do so if to move off of the usual market analytics favoured by bankers and corporates and onto the social costs of an increasingly unequal division of labour. Because the price for market stability is seen in a host of variables that are not amenable to standard market analysis, yet which are as real as the glue sniffing starved kid living rough and begging for change on the increasingly mean streets of Godzone.
During the 25 years I was in academia I wrote a fair bit on the subjects of democracy and democratisation, both in theory and in practice. I continued in that vein in some of my blogging on this site, including the 5 part series on deconstructing democracy in 2009. As part of my ruminations, I have delved from time to time into the subject of democratic accountability, specifically its vertical and horizontal dimensions, both of which are absolute requirements for the health of liberal democracy. Among other things and contrary to what some pundits might say, my understanding of the two dimensions of democratic accountability is what allows me to state categorically that dirty politics such as that practiced by the National Party’s vicious wing is not inherent to democracy
Vertical accountability refers to the accountability of the governors to the governed. The signal feature of this dimension are elections of those who govern, but also include the ability of the electorate to demand review, recall or sanction of non-elected officials such as those in the judiciary and civil service if and when their actions become to egregious or are ignored by the other branches of government. There a variety of methods with which to do so, but that requires a degree of horizontal accountability as well. In any event vertical accountability is aided by a robust, critical and independent media that draws public attention to what otherwise might be quiet indiscretions by those in office.
Here is where horizontal accountability comes in. Each branch of government is formally accountable to the others. In the event of malfeasance in one branch the other branches have a right and indeed duty to independently investigate any potential wrong doing. They must maintain a degree of institutional autonomy in order to do so, because otherwise they cannot exercise the degree of inquisitorial independence that is required for transparency and integrity to obtain.
It is this dimension where New Zealand appears deficient, and the proof of that is the inquiry that the Prime Minister has ordered into Judith Collins use of a public servant’s personal information. In this case the PM gets to frame the terms of reference of the inquiry, and has done so in way that assures that Collins will be exonerated. In political circles this might be called narrowing the focus to what is strictly illegal, but in common parlance it is known as acceptable corruption.
The inquiry conducted by the Inspector-General of the SIS into the hasty OIA release of sensitive SIS documents to a blogger linked to the government is more independent and therefore more transparent and honest, assuming that the IG does her job correctly.
But the problem remains that horizontal accountability in NZ is nowhere what it should be. Parliamentary committees are dominated by the government and often have limited inquisitorial powers. Crown Law has, time and time again, adjusted its prosecution priorities to accord more closely with government interests (recall the time and cost of the Zaoui and Urewera prosecutions, both of which ultimately reduced to far less than the government initially alleged). Some judges are said to lean politically one way or another when it comes to examining government behaviour.
Less we think that this overly friendly relationship between government and prosecutors be exclusive to National, let’s remember that the two prosecutions cited above began (and in Zaoui’s case ended) under the 5th Labour government.
Some say that the lack of a written constitution impedes the full exercise of horizontal accountability in NZ. Perhaps that is so but I also think that it is a product of habitual practice in a small country, where the political elites are for the most part a relatively small club that play by their own informal rules as much as they do by the law. Those in government are given fairly broad license when it comes to how they account for their actions to the other branches. Those in opposition wait for their turn in office to do the same. The judiciary and public bureaucracy publicly maintain their independence but at a senior level they play close attention to the interests of the government of the day.
Voters give a veneer of vertical accountability to the status quo by turning out for elections. Their susceptibility to spin and deflection makes them targets of the dirtier machinations of politicians, and in the absence of genuine horizontal accountability counter-weights that is all that is needed to govern. In such a context governance is all about bread and circus, or in the NZ case, pies and rugby. The fact that National has not suffered much in pre-election polling pretty much confirms this truth.
It can be argued that this is politics as usual, in the form of one hand washing the other in the interest of political stability. Indeed, all of this is perfectly acceptable, except that it is also perfectly, albeit not by legal definition, corrupt. But what is wrong with a little acceptable corruption amongst political friends so long as the public does not care and there are no real institutional checks on what they do so long as they do it quietly?
I could be wrong on this and John Key is just being a jerk when it comes to the terms of the Collins inquiry. But something tells me that the rot runs much deeper, and it will not stop should he and his nasty pack of party colleagues be voted out of office later this month.
Posted on 08:56, August 27th, 2014 by Pablo
Not that readers of KP will need much convincing, but Selwyn Manning has written a decisive essay on why the PM is lying about his involvement in the Slater/SIS/OIA fiasco. To do so he uses the State Services Commission’s guidelines for the release of sensitive information. The question now is twofold: 1) should NZ trust an individual as PM who overtly involves himself in political dirty tricks such as those uncovered by Nicky Hager? 2) should NZ trust a PM who repeatedly bald faced lies to the public on matters of considerable import?
As the saying goes, we may be stupid but we are not idiots.
Anyway, read the proof for yourself.
In the wake of Nicky Hager’s latest revelations, Chris Trotter has penned a cynical defense of dirty politics as being the norm. For Chris, when it comes to politics “(t)he options are not fair means or foul: they are foul means or fouler.”
Idiot Savant at No Right Turn categorically rejects this view. I agree with him and can only add that either Chris has lost his ideological bearings or has consciously decided to join the Dark Side.
The Standard reprinted the NRT post and I commented on it there. Here is what I wrote:
“The stability of democracy is based on mutual contingent consent, not only between capitalists and workers but between opposing political factions. Mutual contingent consent requires that all actors accept mutual second best outcomes (that is, no one gets their preferred outcome all of the time), something that is evident, for example, in compromises over wages and employment conditions at the bargaining table or in the lobbying of political parties over legislation. “Winning” is therefore temporary and tempered by the pursuit of self-limiting strategies in pursuit of the mutual second best. Otherwise the political game descends into zero-sum self-interested maximisation of collective opportunities. That is not democracy, even if there are those within the democratic system who adhere to such views.
This is why Chris is wrong. He mistakes the venal pursuits of a political few for the general substance of democracy as a political form. The pursuit of dirty politics represents a fundamental corrosion of democratic principle and practice. It reflects a fundamental contempt for the foundational tenets of this type of governance. That this contempt is channeled into underhanded tactics by some does not undermine the core values upon which democracy rests and in fact serves to underscore what democracy is not. That the resort to dirty politics in NZ has at its core a group of people with pathological tendencies and profoundly disagreeable personalities is further proof that their style of play is not politics as usual.
Chris may be a bit jaded by years of fighting the good fight in losing wars. He seems to given up all hope that politics can be played cleanly. But he and many others (including some on the Right) would not have fought, and continue to fight, if they did not think that there was a better way to do things in pursuit of a just society. Mr. Slater, Mr. Ede, Mr. Bhatnagar, Ms. Odgers, Judith Collins and John Key clearly do not, but that does not mean that democracy as a whole is reducible to their contemptible view of politics.”
Let us be crystal clear. There is no moral equivalence between what the Left does or may wish to do versus what the organised dirty tricks cell centred around Cameron Slater does. Moreover, what Slater and company do centrally underpins not just how National engages politics, but how ACT has done as well. In contrast, Left activist groups may sputter about “direct action,” hold demonstrations and on occasion undertake animal liberations or environmental defense by climbing into trees or blocking trains, but they do not systematically attempt to uncover dirty laundry in order to smear, blackmail or undermine opponents within and outside their partisan ranks. They do not take covert money in order to cut and paste ghost written attack columns supplied by others. They do not get favoured backdoor access to sensitive government documents based upon their partisan, when not ministerial, connections. Perhaps that is why they are less effectual than those on the Dark Side.
The institutional Left centred in the Labour Party may gossip about their rivals across the aisle and backstab each other in factional disputes, but even then there are limits to where they will go in the pursuit of “winning.” The Slater-led dirty tricksters have no such limits.
Whatever his motivations, Chris needs to reconsider his position. There still is room for the good fight to be fought fairly even if the opponent does not. Contrary to what John Key believes, that applies as much to politics as it does to sports.