Have some impunity with your privilege.

Extending the theme of short posts about current events, here is this one:

An up and coming sportsman gets name suppression and no jail time for filming a sex act with a women and posting it on the internet. In his sentencing the judge said that naming him and serving jail time would interfere with his athletic career even though the victim suffered significant emotional harm. The athlete/secret taper is ordered to pay a $2000 reparation to the victim–a day after he paid her that sum.

A case of domestic violence against a doctor in Auckland is thrown out of court and he walks free after his father-in-law pays Crown witnesses (the exact reasons are not specified in media reports but one could expect that whatever the reason this is a pretty straight forward example of pervasion of justice given that the couple had reconciled and wanted to “put things behind them”). The police say that they are “aware” of the payments but refuse to say anything else.

The Minister of Health attends a Vegas themed fundraiser for Northcote Primary School in which parents partied with fake cocaine. He says revelations in the media are a “beat up” because the event raised $30,000 for the school. He claims that he did not see the faux coke and did not ingest. Apparently none of the parents involved thought anything was wrong with simulating drug use at a school function, and the Health Minister (of all people!) thinks it is all good because much money was raised. As a friend of mine mentioned, they would have made a lot more money if they had used real coke instead.

All of these episodes were made public in one day. What do they have in common?

Well, they follow a long history of instances in NZ where people of privilege, be it via sports, money, political clout or social connection, engage in and are later absolved of full consequence for behaviour that otherwise would be considered worth severe sanction. I am sure that readers will remember many such instances. What does this say about the supposedly egalitarian and honest nature of Kiwi society?

Or look at it this way: if the clandestine sex taper was mediocre at sports, if the doctor and his wife were recent immigrants, if the Northcote Primary parents were from South Auckland, and if the politician was an opposition backbencher, would the media coverage and outcomes be the same?

Constitutional Coups.

When people think about coups d’etat, they tend to think about armed interruptions of the constitutional order, usually perpetrated by the military against an elected government. Such was the case with the abortive coup staged by elements of the Turkish military against the government of Recep Erdogan last July. Note that I do not say “democratically” elected governments, as usurpations of the constitutional order can also happen in electoral authoritarian regimes such as that of Hosni Mubarak in Egypt in 2011 (only to be followed by a “full” coup against the subsequently elected Muslim Brotherhood government of Mohamed Morsi in 2013).

The traditional origins of such forms of regime change, known as golpes de estado in Spanish, do in fact hark back to military interventions against civilian governments, and that remains its most common form. But another form of coup has emerged, minus the bloodshed and state of emergency so often associated with military-led coups (I say military-led because it is very seldom the case that the armed forces act alone when moving against the government of the day). Rather than an interruption and suspension of the institutional process by military means, it is a usurpation from within the institutional order by constitutional means. Rather than bullets fired by soldiers it is ballots cast by politicians that overturn the will of the people prior to scheduled elections. The insurrectionists belong to and work within the political system. This is what is now known as a constitutional coup. In order to understand this new form of “golpismo” we need to consider two background factors.

First, liberal democracy comes in two forms: presidential and parliamentary systems. Although they are a possibility in parliamentary systems (such as having the government dissolved by the Governor General, as occurred in Pakistan in 1953 and Australia in 1975), constitutional coups most often happen in presidential systems. By their very nature parliamentary systems have built-in insurance against constitutional coups because there are established means to remove a government, specifically via votes of no-confidence followed by snap elections. The rules governing both the vote and the election may vary from country to country, and there may be a ruckus surrounding such events, but they are an integral part of parliamentary democracy and, some might argue, a much finer tuned aspect of democratic governance than that allowed by its alternative.

Presidential systems provide no such mechanism for the removal of governments prior to their end of term. By definition, any such move constitutes an institutional crisis as the system is based on a separation of executive power from legislative authority. In parliamentary systems the executive (in the form of cabinet) continues to act as a parliamentary faction, to include ministers discharging responsibilities as members of parliament. In presidential systems that is not the case and executive authority can often be confronted by or exercised against legislative majorities (as is currently the case in the US). No matter what the majority in the legislature may wish, it cannot simply call for a vote of no-confidence in the government of the day. In fact, it has no legal basis to do so.

When the legislative and executive branches in presidential systems are locked in impasses or stalemates over any number of potential issues, the resolution mechanism boils down to supermajorities in the former and veto powers in the latter. Ideally, in bicameral legislatures the resolution sequence is usually this: the president introduces or supports a bill submitted for approval by the legislature. The opposition obtains a supermajority against the bill in the lower house, which is vetoed by the president, which is then upheld or overturned by a supermajority in the upper house. In unicameral legislatures the sequence is either one and done or a second legislative supermajority vote is taken after a veto in order to ratify or overturn the veto. Neither of these resolution paths provide a mechanism for the removal of the executive.

This process is cumbersome but offers the benefit of providing space for compromise between the executive and legislature as a bill winds its way through the ratification process. But what about removal of an elected government before its term is up? That is where the second key backdrop factor comes into play: disloyal opposition.

Long term KP readers will recall my earlier writing on this subject.  But for those who are not, here is a nutshell refresher on what constitutes loyal and disloyal opposition in a democracy (there is no point in using those terms in authoritarian regimes).

Loyal oppositions are those that, having been defeated in elections or confronted by an opposing party in executive office (remember, the problem is unique to presidential systems), abide by the rules of the political game and wait for the next electoral opportunity to gain executive power. During the meantime they work as much as possible to find areas of compromise so that the machinery of governance can continue to serve the public good (or at least be seen as doing so). Even if token, concessions are exchanged so that consensus on issues of policy can be achieved. Only in the most egregious case of executive misconduct, usually involving criminality or gross negligence, does a loyal opposition begin to contemplate the unthinkable, which comes in the form of impeachment (that is, forcing the resignation of the executive under pressure from the legislature backed by the authority of law enforced by state security agents).

Disloyal oppositions are those that refuse to accept the outcome of elections and/or the legitimacy of a particular government and use their political influence and power to bring down that government by any means short of force. This includes being deliberately obstructionist when it comes to passing legislation, flaunting rules governing acceptable political discourse, manipulating or colluding with media to plant false accusations against incumbents, refusing to authorise budgets and confirm executive appointments, and generally acting in every possible way to stymie government policy initiatives, make it impossible for the executive branch to function effectively within the tripartite, separation of powers framework of constitutional government, and to promote discontent with and distrust of the government and its political supporters.

The classic modern instance of a disloyal opposition was the Christian Democratic led opposition to Salvador Allende’s Unidad Popular government in Chile from 1970-73. The result of that disloyalty is well known. But not all disloyal opposition need result in full fledged military coups. Instead, they can veer down the path of the constitutional coup. Consider the case of Bill Clinton’s impeachment in 1998-99. In late 1998 the Republican controlled House of Representatives voted to impeach Clinton on two counts of perjury and two counts of obstruction of justice. The charges related to his accounts of the affair he had with White House intern Monica Lewisky, the salacious details of which were vividly spelt out by Independent Counsel Ken Starr (Starr has recently been forced to resign from his position as president and chancellor of Baylor University for his role in covering up sexual assaults on females by football players). Mr. Starr was appointed by the Speaker of the House at the time, Newt Gingrich, he of the three marriages and many affairs (including with subordinates).

In 1999 the Republican controlled Senate held a trial and voted on the charges. Needing a two thirds (67 seat) majority for the impeachment to succeed and with 55 Senators on the Republican side, the impeachment vote failed when 50 voted in favour on the obstruction charge and 45 voted in favour on the perjury charge. Clinton remained in office, albeit significantly hamstrung by his near-miss.

The issue here is that the impeachment was over a private sexual affair, not an act of public malfeasance . It was led by people who themselves had similar skeletons in their closets and who did so in part just to weaken the president even if their efforts to impeach him failed (given media coverage of the story). More specifically, it was not about gross incompetence, criminal behaviour, military mismanagement, or even lying to Congress about any matter of policy. Instead, it was about the president receiving fellatio from and using a cigar as a sex toy on Ms. Lewinsky during trysts in the Oval Office, then trying to cover it up. It is doubtful that the founding fathers, in Article Two (Section Four) of the Constitution, had this in mind when they wrote that impeachment was to be used only in exceptional circumstances involving “treason, bribery or other high crimes and misdemeanours.”

That is a slippery slope. And nowhere is the bottom of that slope more evident than in the recent impeachment of leftist President Dilma Rousseff of Brazil.

Brazil has history with impeachment. In 1992 then president Fernando Collor de Mello resigned after Congress voted in favour of his impeachment on charges of bribery and misappropriation of funds. Similar charges of “budgetary mismanagement” were brought against Ms. Rousseff in 2016 by a Congress dominated by the center-right PMDB, Brazil’s largest party, which has the most seats in Congress (66) and is the one to which her vice president Michel Temer belongs (the coalitional aspects of Brazilian politics are too complex to get into here but suffice it to say that Rousseff was trying to keep her friends and allies close and her enemies closer. That did not work out as planned). By the time the first reports of fiscal irregularities surfaced in 2015, the PMDB-led majority in Congress had gone full-blown disloyal in a context of economic stagnation and assorted crises (Zika, lack of Olympic preparations) and were itching to find a reason to remove Rousseff (who was not anywhere as popular as her Workers Party predecessor Luis Ignacio “Lula” da Silva). The investigation into financial wrongdoing gave them their window of opportunity.

The charges against Rousseff stemmed from “Operation Car Wash” (Operacao Lava Jato) into bribery and corruption involving the state oil monopoly Petrobras, assorted construction firms, politicians, bureaucrats and financial entities. Without going into the details, let’s just say three things: First, corruption is a way of life in Brazil, not just an aspect of how the economic and political elite behave (hence the phrase fazer jeito, or ” a way of doing things” on the sly). Of those legislators demanding her impeachment and who voted against her at the Senate trial, over a dozen are being investigated or have been charged with corruption themselves, including now-president Temer. Included among the luminaries who voted to oust her is a former Army officer who was involved in her torture when she was imprisoned by the military dictatorship in the early 1970s, and who said during the proceedings that it would have been best that she were killed while in custody.

Secondly, creative accounting by Brazilian governments is a time-honoured tradition that crosses party lines. Most reputable political and financial analysts agree that not only was Ms. Rousseff not personally involved or benefitted by dodgy Treasury figures, but that in the scheme of things the book fiddling done by her government was not criminal but in fact par for the course in Brazil. Unfortunately for her, Article 85 of the Brazilian constitution and the Fiscal Responsibility Law specifically prohibit mismanagement and disregard for the federal budget. This was the seldom used rope that Congress hung her with.

Thirdly, no impeachment in Brazil can occur without the tacit assent of the armed forces. Of all the sordid aspects of Rousseff’s impeachment, this is the most sobering one. 30 odd years after they returned to the barracks, Brazil’s military still sees forced removal of elected presidents as a viable option–so long as it does not involve them directly.

This is why what happened in Brazil a week or so ago was a constitutional coup. Impeachment is the weapon of choice for the constitutional coup plotters, but their intentions are disloyal and their objectives sinister at heart. Their motivations have nothing to do with honesty and transparency in government or defending democracy. Instead, they are about playing the system for tactically opportunistic partisan gain.

Brazil is not the only Latin American country to have suffered a constitutional coup. In 2012 Paraguayan President Fernando Lugo was impeached and removed from office, ostensibly because of his mishandling of a land occupation that ended in violence. He was given two hours to prepare his defense, and was replaced by his Vice President, who sided with the legislative opposition against him. Subsequent publication of US embassy cables by Wikileaks revealed that as early as 2009 opposition leaders had begun to discuss using impeachment as a way of ousting Lugo from office (Lugo was elected in 2008). They eventually succeeded.

There is a problem with this strategy: more than one side can play that game, and learning curves may teach that rather than the exception, the use of impeachment in pursuit of a constitutional coup can become the new norm. That in turn can spur a contagion effect, whereby politicians in other democracies with presidential systems see merit in pursuing similar courses of action. Worse yet, repeated recourse to constitutional coups as partisan weapons can lead to outright military intervention, at which point the return to the traditional form of coup trumps any constitutional niceties.

One should take this into account when pondering the activities of political actors in presidential-system liberal democracies, be they big and small. Because in a world where military-led coups are considered particularly thuggish and therefore distasteful, the constitutional coup is the genteel authoritarian’s game.

Moment or Movement.

Barring some disaster, Hillary Clinton will win the US presidential election in November. That poses an interesting question for the US Left, because the defensive support for her offered by Sanders supporters and other progressives in the face of the Trump alternative can only be considered to be more than a short-term tactical ploy if her administration adopts progressive policies. Otherwise it is, as many have accused, continuation of politics as usual or Obama 2.0. This is, of course, at the heart of the negotiations between the Sanders camp and Clinton’s people at the DNC policy platform meetings, and it remains to be seen if the Clintonites will make good on their promises.

That brings up the perennial problem for political activists: how to turn a moment into a movement. US commentators are already using the phrase with regard to the Sanders primary run and the impact it will have on a future Clinton presidency. Some think that he has run his course, that status quo Democratic policies will prevail, and that the forces that his campaign galvanised will either go mainstream or dissipate into another pool of apathy and disenchantment. Others believe that to the contrary, the Sanders campaign has stirred new life into the American Left and that his campaign legacy will have an impact on how Clinton approaches the Oval Office.

It is a tough one to call. It is clear that Clinton needs to cater to Sander’s supporters in order to win the election. She cannot dismiss them before November 8 but could in theory do so afterwards, especially if the Democrats regain control of the Senate (they only need to win four seats) and make inroads into the Republican House majority (the Democrats would need a turnover of more than thirty seats to regain control of the lower chamber). The situation is made worse for progressives if Clinton wins by a landslide (anything over seven points) because she can point to a “mandate” that does not include them. That will be also be the case if political nihilists on the Left opt to “blow up the system” by voting for Trump or minor party candidates in large numbers. The latter will tighten the race unnecessarily (in Clinton’s eyes) and will, should she win, see her turn her back on the post-modern New Left wing of her party (I use the term “New Left” not in the sense of the 1960s Left but in the sense that post-modern progressives in the US are not in their majority affiliated with unions or other traditional organisational sources of Democratic electoral power). After all, she can say that they turned on her and she still won because the US political centre preferred her over Trump. She can feel justified in believing that she does not need the New Left to govern and therefore should not push policy initiatives at their behest.

Assuming a Clinton victory, the ideal situation for US progressives is twofold: most of Sanders’ supporters and others on the Left opt to vote for Clinton and she wins by a relatively close margin (say, between 3-5 points); and vote for Democratic candidates in key congressional districts knowing that a progressive presidential agenda needs congressional support in order to become law. That requires voter education (on the whys and hows of linking down-ballot choices to the presidential race and how executive-legislative relations can impact decisions with long-term consequences such as Supreme Court nominations) as well as mobilisation in favour of the progressive policies adopted by the DNC at the platform negotiations (and perhaps more).

In that preferred scenario, because Clinton will understand that she absolutely required a groundswell of New Left voters to win a close race, it will be harder to abandon them once victory is achieved. Even more so, it will be virtually impossible to renege on the progressive agenda if key wins by Democrats in Congressional races were owed to the participation of New Left voters.

So the Bernie “moment” in the primaries also has to become a dual proposition in the general election and post-election phases of the campaign if it is to become a movement. The New Left need to continue to mobilise in support of Clinton during the weeks leading up to November 8 and they need to continue to pressure her administration, both directly and through the elected Congressional candidates who needed their support to win, after she assumes the presidency and the 115th US Congress is convened in January 2017.

In other words, the transformation of the Sanders moment into a New Left movement requires one other “M:” momentum. That momentum has to be sustained through November and into the next administration and congressional term if the moment is to become a movement.

That is where some dark clouds arise on the Clinton electoral horizon, and they are not caused by Trump. In the purported interest of “balance” (regardless of the outright campaigning on his behalf by conservative media outlets), mainstream news organisations are delving into her emails while Secretary of State, into her relationship with Clinton Foundation donors while in office, into why she does not hold press conferences (which is patently self-serving on the news agencies part) and even into spurious conspiracy theories about her health. These investigative efforts go beyond reporting on official FBI investigations of Clinton’s use of a private email server during her tenure as SecState and in spite of the fact that none of her activities while in office have been linked to any policy decision or personal favour offered on her part. For reasons known only to Julian Assange and his comrades, Wikileaks has targeted her communications and those of the DNC, both independently as well as in cooperation with Russian-based hackers, while neglecting to do so with those of Trump and the RNC.

Any one of these lines of inquiry have the potential to divert attention and resources away from her policy agenda and could even derail her campaign if found to contain seriously negative substance (nothing of which has been found so far in spite of the best efforts of the Trump campaign and its media lackeys). So the onus is on Clinton to re-energise her support base in the face of these dishonest and scurrilous attacks and to re-focus on the policies that she will bring to the Oval Office and share with her Congressional colleagues. That is where the New Left vote is vitally important. Just as Trump has his core base in middle aged white working class lower educated people, Clinton has a core base in urban professionals. But both of them need to expand their appeal outside of those cores, and it is the New Left that Clinton needs to court most assiduously. That gives the New Left leverage on her and they need to know how to judiciously take advantage of it.

To be sure, the GOP is working to separate the New Left from Clinton. It may not get the attention that trying to divorce Trump from down-ballot GOP candidates has received from the RNC, but Republicans clearly want the Sanders crowd to alienate from Clinton whether or not they vote for another candidate like Jill Stein (Green). For the GOP, getting the New Left to stay at home rather than vote is just as important as getting them to adopt the nihilist approach of voting for spoilers.

This is made interesting by the fact that Libertarian presidential candidate Gary Johnson is polling at around 10-12 percent and has received financial backing from erstwhile big GOP donors, while Jill Stein is polling around 5 percent. Usually third party candidates barely receive 10 percent of the vote in a US general election, so the fact that these candidates could receive 15  percent or more changes the dynamics of the presidential race quite dramatically. That reinforces the need for Clinton to get out the New Left vote on her behalf in significant numbers, something that will allow her to build momentum in the run up to election day and which in turn means that she must accept the fact that the Bernie moment has become a progressive movement. This will annoy her backers on Wall Street and corporate America, but they also can see the dangers of having a populist demagogue with Tea Bagger tendencies occupying the White House. For them as well as many on the New Left, she is the lesser evil.

It will be interesting to see how things play out over the next 9 weeks. Two things are certain: every vote will count this time around and what is now a moment of opportunity can only be transformed into a sustainable movement if the New Left puts, however reluctantly or sceptically, its collective weight behind the Clinton campaign in order to build the momentum of progressive change beyond election day.

Let’s hope that I am not wishful thinking.

Autumn of the Patriarch.

Fidel Castro celebrated his 90th birthday a few days ago. During the public celebration of his milestone he sat in a specialised wheel chair between his brother Raul and Nicolas Maduro, president of Venezuela. He is physically frail but his mind is still sharp, as evidenced in a (rather self-serving) editorial he wrote in which he praised his revolution and denounced US president Obama and the thawing of relations between the US and Cuba (which his brother, now president of Cuba after Fidel’s abdication due to illness, helped engineer). As part of the month long celebrations of his birth, he is being gifted a 90 meter long cigar, a world record for “puros” of any type. Bill Clinton should be so lucky.

Yet, I felt sadness and some pity at watching Fidel in his autumn years. Like Garcia Marquez’s Colonel, he is a man of the past wrapped in memories of what could have been. A man who once was an icon of the Latin American Left, worthy successor to Jose Marti, comrade-in-arms of Che Guevara, patron of the Angolan and Mozambiquian revolutions, inspiration to insurrectionists world-wide, cunning adversary of the US for over five decades and arguably the best poker player the world after he bluffed the US into thinking that he would rather be incinerated rather than relent to US demands during the Cuban Missile Crisis (the USSR eventually agreed to withdraw its missiles from Cuba over Castro’s objections in exchange for a US withdrawal of surface to surface missile batteries in Turkey).

But rather than the imposing physical specimen that towered over so many of his emulators both in height and intellect and who attracted the attention of the rich, famous and powerful during his heyday, here sat a stooped, gaunt, hollow faced elder with visible hand tremors and a certifiable fool sitting on his left side. In fact, if Fidel represented the best hopes and aspirations of a previous generation of revolutionaries, Nicolas Maduro represents the terminal decline of the contemporary “Pink Tide” of elected neo-socialists that emerged during the 2000s and who, with few exceptions like the Frente Amplio governments of Uruguay, have been proven to be no less authoritarian, no less corrupt, and equally if not more incompetent than their capitalist predecessors. In some cases, these Pink Tide regimes were not so much socialist as they were kleptocratic, populist-corporatist or sold-out to the corporate interests they ostensibly opposed. And like Fidel, they have fallen on hard times.

Other than Maduro, no foreign leaders of note attended Fidel’s birthday party (even the Sandinista government of Nicaragua, a country in which many Cubans spilled blood in the overthrow of Somoza and defense of the Sandinista Revolution, did not send a high level delegation). The rich and powerful were absent. In a sense, Fidel’s decline mirrors the struggles of the Cuban Revolution after the USSR withdrew its economic support for it. More tellingly, it symbolises the squandered opportunity of the Pink Tide.

The emergence of elected Left regimes in Latin America during the 2000s was a moment of great hope for progressives in the hemisphere. It followed a wave of so-called neoliberal, market-friendly economic reforms undertaken by a variety of right and populist regimes such as those of Menem in Argentina and Fujimori in Peru during the previous decades. As the negative consequences of neoliberalism began to impact on basic social indicators such as income inequality and child poverty, and could no longer be hidden by creative accounting and statistical manipulation, a window of ideological opportunity opened for the Latin American Left. They were the earliest and fiercest critics of the so-called “Washington Consensus” behind the adoption of neo-liberal reforms.  They were the academics, activists, organisers and politicians who marshalled protests, demonstrations and other forms of passive and active resistance to the implementation of market-driven edicts. They were the outlets through which the dislocating effects and social impact of the “more market” approaches were highlighted. And they had one more thing: structural opportunity in the form of a global commodities boom.

With the rise of China as an economic powerhouse in competition and/or concert with other established and new powers (e.g. the US, India), the late 1990s and early 2000s saw the demand for commodities–primary goods, raw materials and especially minerals, metals and fossil fuels–skyrocket. As prices soared on the back of increased demand previously unexploited regions became the subjects of concerted interest by Chinese and other investors. What already existed in terms of commodities–oil in Venezuela and Ecuador, natural gas and oil in Brazil, copper in Chile, even soy, maize and beef in Argentina and Uruguay–saw redoubled investment in extractive export industries. A boom time ensued.

At the turn of the century Argentina, Brazil, Bolivia, Chile, Ecuador, Nicaragua, Uruguay and Venezuela elected or re-elected neo-socialist governments (El Salvador, Honduras, Paraguay and Peru did as well but their tenures were short-lived). Every one of these countries benefited from the commodities boom. The question was not so much how to generate public money surpluses but in what measure and how to make use of them. But, just like Soviet subsidies gave Fidel’s Cuba an unnatural sense of comfort and inflated standard of living, the commodities boom was a temporary boost rather than a long term panacea for the region’s problems, depending on what was done with the surpluses generated by the golden moment.

With the exceptions of Chile and Uruguay, pretty much everywhere else the preferred combination was public spending on popular projects mixed with epic corruption, graft and theft. To be sure, health, education, welfare and housing services improved in the early years of these regimes and social indicators improved relative to the neo-liberal baselines. Income redistribution downwards was accomplished via generous benefits packages provided to the lower classes. Public services such as transport, electricity and gas were heavily subsidised by the State. So were basic food staples. Public works schemes generated employment. But after a while the money provided for such projects began to run out as the demand for commodities stabilised and prices began to drop.

Worse yet, what most of these regimes did not do was invest constructively in long-term productive capacity and infrastructure. Instead, they threw money at popular short term projects and grandiose schemes such as building sports arenas and stadiums. They pushed increased export commodity dependency rather than diversification of the productive apparatus. In parallel, they siphoned off millions in public funds to friends, cronies and family of government officials, when not to themselves. The combination was one of immediate gain (for them and their supporters) at the expense of long-term sustainability, and now those chickens have come home to roost.

In places like Argentina under Cristina Fernandez de Kichner, corruption was elevated to an art form (in a country where it was already a highly developed practice). In places like Brazil and Ecuador corruption was an integral part of the public-private nexus in construction and fossil fuel exploration. But it is in Venezuela where the full depths of the decline are seen. Even before Hugo Chavez died, his “revolution” had turned into a feeding trough for the Boliviarian elites. Billions of dollars were provided to creating anti-imperialist alliances such as ALBA, the anti-capitalist trading bloc that was supposed  to counter MERCOSUR and which never got off the ground. Billions in subsidised oil was sent to Cuba to prop up the Castro regime as a form of anti-US solidarity. After Chavez died, under Maduro, Venezuela has become an economic basket case where shortages of basic staples and power outages are the norm and where both government services and private industry have nearly ground to a halt (in a country with one of the world’s largest oil reserves). In Venezuela and elsewhere there was a conspicuous lack of foresight or public planning. Few sovereign wealth funds were created to save during times of plenty for the inevitable lean times that come with the boom and bust cycles of the commodities trade. Once the lean times came, the response of the neo-socialist Left was to blame anyone but themselves and to grab as much of the dwindling public reserves for their own benefit.

In some cases, the actions of disloyal oppositions and foreign powers hastened the authoritarian response and increased self-enrichment of Leftist leaders. This was very much true in Venezuela. In other cases the sheer weight of historical patterns of political patronage and private nepotism wore down the resolve of Left politicians to resist the temptation to do things “as usual.” That was and is the case of Brazil. In Chile the strength of the military-business network has impeded anything but incremental reform by the most determined Left governments. In some cases (Bolivia and Ecuador) long tenures in power slowly insulated Left governments from the masses and allowed for the development of cultures of impunity in which public officials were no longer responsive to the commonweal and instead focused on maintaining themselves in power. In virtually all cases, again with the exceptions of Chile and Uruguay, public officials treated national treasuries as individual and collective ATMs.

In some countries Left governments have been electorally replaced by Right ones (Argentina and Peru). In Brazil the Left PT government has crumbled under the weight of corruption scandals and succumbed to what amounted to a constitutional coup carried out by no less corrupt right-wingers. In several others such as Bolivia, Ecuador, Nicaragua and Venezuela, the Left continues to rule, however sclerotically and increasingly autocratically. In Chile the Concertacion government of Michelle Bachelet that preceded and replaced the one-term Right government of Sebastian Pinera is more establishment-friendly centrist than anything else (because it has to be in order to keep the coup plotters at bay). Only in Uruguay has the Left, in the form of the Frente Amplio governments of Tabare Vazquez and Jose Mujica, been true to its socialist and democratic principles.

This is just an broad overview. The extent of mismanagement, incompetence, ineptitude and outright criminality undertaken by the neo-socialist Left when governing in Latin American during the last decade and a half has been astounding. The hard truth is that the Latin American Left had its golden windows of opportunity in the 2000s and with some notable exceptions squandered it all.

In a sense, that is a fate they share with Fidel. Had he passed from the scene in the 80s or even 90s he would still be revered in many progressive circles. But he has lingered too long, well after the contradictions and frailty of his revolution have been exposed. In fact, an entire generation of Cubans have been raised in the “special times” of austerity and deprivation that have marked the last 25 years of Communist rule in Cuba and which has forced his brother to open the national economy and seek rapprochement with the US. This has made that generation much less committed to revolutionary ideals and much more committed to materially improving themselves. As an old friend said to me upon returning from Cuba: “Ideology goes out the window when you are hungry.”

Worse yet, it now appears true that Fidel was less a committed revolutionary as he was a Cuban nationalist who used the context of the Cold War to bolster his rule and burnish his credentials as a committed internationalist. Mutatis mutandis, that is a trait shared by many neo-socialists of the Pink Tide: they were and are socialists more in name than in deed, and are more interested in enshrining their rule than in truly re-making their countries into viable socialist (or social democratic) societies in which political power is exercised by the people for the people. Revolutionary rhetoric is no substitute for revolutionary praxis and is a poor cover for political and economic mismanagement.

I say this with much regret. One never expects the Latin American Right (or pretty much any Right) to do anything other than enrich themselves and their cronies. But one certainly expects that self-professed socialists will behave differently, especially more fairly and less venally, when in power. Many people, myself included, wanted to believe in the promise of the Pink Tide just as we previously wanted to believe in the transformational impact of the Cuban Revolution. And yet, like the neo-liberals before them, the majority of Pink Tide neo-socialists have been exposed as charlatans, thieves and frauds.

On those grounds Fidel has one thing over them. He may not have accomplished all of the things that he promised that he would, and his “revolution” may have been much less than he promised and more dependent than he admits, but at least he has remained true to himself in his declining years. That cannot be said for the likes of the Boliviarians and their erstwhile regional comrades.

That is why I felt sadness when I watched his birthday celebrations. In the autumn of his life, el Comandante is condemned to the unique solitude that goes with being the last of his kind.

PS: Looks like I am not the only one who thinks that the Pink Tide failed to deliver on its promise (although this author puts a more positive and hopeful spin on things).

No Hard Feelings?

Sources in the US Navy have revealed that it will send an Arleigh Burke class guided missile destroyer to the RNZN 75th anniversary celebrations in November. The details of the participating ship have been sent to the New Zealand government but have not yet been released. However, I have it on good information that the ship will likely be the USS William P. Lawrence (DDG110). It is part of Pacific based Destroyer Squadron 21 and home ported at Naval Station San Diego. It is a relatively new ship, having been launched in 2009, christened in 2010 and entered into service in 2013.

Arleigh Burke class destroyers are gas turbine propelled and under peacetime conditions carry no nuclear munitions. So whether it is the USS Lawrence or a sister ship, the requirement that the visiting US grey hull be neither nuclear propelled or armed will have been met.

If indeed it is the ship being sent, the USS Lawrence has an interesting recent history. In May 2016 it participated in the freedom of navigation exercises the US Navy conducted in and around the Fiery Cross Reef in the disputed territories of the South China Sea that China has been building a reclaimed island upon. It has also conducted anti-poaching patrols and fisheries inspections in the Western Pacific in conjunction with local and regional fisheries agencies as well as the US Coast Guard, and undertook a recent port of call in Suva, Fiji. It most recently participated in the 30-nation Rim of the Pacific (RIMPAC) exercises off of Hawai’i. In its present deployment it serves as something akin to a regional USN “guard ship” for the Southwestern Pacific. It even has its own Facebook page.

Readers will know that I publicly suggested that the US send the USS Mercy, a hospital ship home ported at Pearl Harbour. My reasoning was that the hospital ship could symbolise the humanitarian side of US naval operations (something that is a core mission of the RNZN) and could even do stop-overs in island states on the way to and from Auckland in order to offer check ups and exams, vaccinations and other medical assistance to disadvantaged Pacifika populations. Sending a hospital ship would be good PR for the US Navy and would also help defuse some of the opposition to the visit because it would look pretty silly for an activist flotilla to try and block an unarmed humanitarian vessel when other nation’s gunships received no such hostile welcome.

But no. That would be too much to ask of the US Navy. Instead, what they are sending is a ship of the destroyer class that succeeded the class of which the USS Buchanan (DDG-14) was part. In 1985 the USS Buchanan had pretty much the same role that the USS Lawrence does today. So after all of these years of acrimony, the US Navy has decided to send NZ the same, updated version of the boat that it tried to send in 1985.

Symbolism, much?

A note on the US navy ship visit.

So the US has agreed to send a ship to the RNZN 75th anniversary celebrations in November. That means that it has accepted New Zealand’s non-nuclear policy and will send a ship that is neither nuclear armed or propelled. It may have taken 33 years for it to finally loosen up on its “neither confirm or deny” policy when it comes to nukes on board, but the US realises that the geopolitical and strategic environment in which that policy was adopted is long gone and has been replaced by another in which continuing to adhere to it is a matter of hubris that is both churlish and counterproductive. Given the pressing realities of Chinese strategic competition in the Western Pacific and elsewhere, the US needs to consolidate its alliance commitments in the region. If acknowledging New Zealand’s non-nuclear stance is one way of doing so, than any loss of face is well worth it.

Pundits on the NZ Left and Right have claimed that NZ has “won” in its dispute with the US and that it is a great “victory” for the anti-nuclear movement that took to the waters of the Waitemata Harbour three decades ago. Quite frankly, I find the crowing about victory to be infantile because there were many other factors at play and decisions such as this are not a simple matter of win or lose. Moreover, with the Wellington and Washington agreements and RNZN participation in the annual US-led RIMPAC naval exercises, the bilateral military relationship between New Zealand and the US is pretty much back to first-tier partner status regardless of the symbolic stand-off about nukes. Add to that the fact that US nuclear submarines regularly patrol around (and some suggest in) NZ territorial waters, and the reality is that NZ’s non-nuclear status does not impede US naval operations near its shores regardless of what is said in public.

The issue of the US “relenting” is all about context. First off, the strategic environment has changed considerably. It is well known that US surface ships, with the exception of carriers, are all diesel power and as of 1991 have not carried tactical nuclear munitions. Even if resurgent, Russia no longer poses the global nuclear threat to the US that it once did, and although China has emerged as the giant’s rival in the last two decades, it still has limited capacity to project blue water force deep into the Pacific in a measure that would constitute a direct challenge to US maritime interests. However, the Chinese are working hard to address that imbalance, evident in their land reclamation projects in the South China Sea and their overtures to South Pacific island states with regard to naval port visits and fishing rights, something that the US views with concern and which in part motivates Vice President Biden’s whirlwind tour of the region this week. Likewise, the re-establishment of the Russian Pacific Fleet also signals that the era of US maritime supremacy is now subject to contestation, so the US well understands that it needs all of its military allies working off of the same page when it comes to these new challenges. Recognizing the RNZN on its anniversary is one small way of doing so.

More importantly, from the moment President Obama stepped into the Oval Office he made de-nuclearization a cornerstone of his foreign policy. The Iran nuclear deal, the increased sanctions levied on North Korea, the slowing of advanced weapons sales to Pakistan, the repeated attempts to engage in bilateral strategic ballistic missile reductions with Russia–all of these efforts were undertaken as part of Obama’s vision of a safer world. It is therefore completely logical given his commitment to a world without (or at least with lesser amounts of) nuclear weapons, that under his administration the US would relent on the issue of NZ’s non-nuclear policy. In fact, it can be argued that the Obama administration wants to highlight its agreement with the principled commitment to a non-nuclear stance by authorising a US ship visit on a ceremonial occasion with symbolic significance given that several other nuclear powers will be among the 30 odd nations sending naval vessels to the celebrations–including its new competitors.

I have publicly suggested that the US send the USS Mercy, a hospital ship home ported at Pearl Harbour. It would symbolise the humanitarian aspects of naval deployments that the RNZN claims as one of its core missions and would defuse the grounds for opposition of protesters who see US warships as imperialist death platforms. Surprisingly, this suggestion has been ridiculed by some (most on the Right) who say that a ship without guns is not “exciting” and is not a real naval vessel. Given that navies around the world have tenders, tankers, tugs, intelligence collection vessels and assorted other non-combat ships, it strikes me as strange that some people think that the US decision to send a navy ship is a victory for NZ and yet that victory must be confirmed with a warship visit as opposed to something with a non-combat purpose. Given that the NZDF spends much time publicising its non-combat, peacekeeping and humanitarian roles, I would have thought that a visit by a US naval vessel whose purpose was something other than kinetic operations would be perfectly suited for the occasion.

In the end the decision by the US to accept the invitation to send a ship to the RNZN anniversary celebrations was a triumph of good sense over bureaucratic intransigence within the US defense establishment, pushed as much by the president’s commitment to a nuclear weapons-free world as it is by the evolving strategic realities in the Western Pacific Rim that require the US to consolidate its military alliance commitments in the region. Some in NZ may think that it “won” and the US lost with its change of posture, but a simple glance at geopolitical realities suggests that it was not the NZ non-nuclear movement that forced the change so much as it is the influence of much broader factors in a context when haggling about nukes on board is about as relevant to modern naval warfare as is arguing about the relative merits of spinnakers and mainsails.

The failed coup was Turkish democracy’s last stand.

I have observed with bemusement some of the commentary (including here at KP) that views the failed coup in Turkey as a “victory for democracy.”  As someone who has lived through several coups in Latin America and who has academically studied, professionally written, and worked in developing policy for the US government on issues of comparative civil-military relations (including how to address coups), and who has written at length on the differences between coups d’etat, putsches, revolts and revolutions in the Middle East and elsewhere (some of it here on KP), I find it hard to believe that otherwise sensible commentators (with a notable exception) would think that anything good can come of the coup’s failure. This was not a simple matter of Turkish good guys versus bad guys, and the sequels to the violence will not be pleasant but will be long-lasting.

In any event, this week the Herald editorial board wrote favourably of the outcome in Turkey. My colleague Kate Nicholls (a comparative politics scholar) and I were disappointed by it and penned a response. It looks like the Herald will not publish the critique, so here it is:

As students of comparative civil-military relations, we were surprised to read the Herald’s July 19 editorial “Coup’s failure hopeful sign for democracy.” Unlike the Herald’s editors we see no positives resulting from the aborted coup. Instead we foresee the death throes of a painstakingly crafted secular, albeit imperfect, democracy, that was the crowning achievement of Kemal Atuturk and which has been under siege since the election of former Istanbul mayor Recep Erdogan to the Prime Ministry in 2003 and Presidency in 2014.

The cornerstones of the Kemalist vision of Turkish democracy were an apolitical professional military, an independent secular judiciary, and a multiparty electoral system characterized by a separation of powers and a system of checks and balances between the executive and legislative branches.  Granted, Ataturk’s nationalism, which bound the country together in the wake of the collapse of the Ottoman Empire, often worked to stifle free speech and repress ethnic minorities, notably the Kurds. Turkish democracy has also always been “guarded”, meaning that the military has on occasion acted as unelected veto-player. Yet since the rise of Erdogan to power 16 years ago, things have gotten incrementally but steadily worse.

Since he assumed office, Erdogan has undermined the judiciary by appointing ideological cronies and firing or arresting independent minded jurists; sacked hundreds of senior military officers and replaced them with loyalists; introduced mandatory Islamic Studies into military curricula; censored, banned and/or arrested non-supplicant media outlets and reporters; rigged electoral rules favour of his own party; and instituted constitutional amendments designed to perpetrate his rule and re-impose Sharia precepts on public institutions (something not seen since the days of the Ottomans). He has enriched himself and his friends by using public construction projects as sources of political patronage and illicit gain. All in all, he has destroyed the promise of a moderate democratic Islamism that brought him to power in the first place. Using populist methods to reaffirm his electoral popularity with the rural and urban poor, Erdogan has been steadily eroding Turkish democracy from within.

Erdogan has also proven himself to be diplomatically incompetent. From a position of stability as the regional power in the Levant, under his guidance Turkey now finds itself at war with adversaries on two borders, estranged from the US, Russia, Egypt and Israel as well as the Gulf Arab states, at odds with Europe over a host of political and economic issues, and confronted by a rising tide of domestic terrorism. His tenure has been ruinous for Turkish aspirations for European Union membership and Turkey’s increasingly unfavorable international reputation was cemented by its loss to New Zealand and Spain in the 2014 elections for a UN Security Council temporary seat for the 2015-17 term.

Erdogan has blamed the coup attempt on the self-exiled cleric Fethullah Gulen, whose power base is to be found amongst the more educated and liberal sectors of Turkish society and whose brand of Islam appears more compatible with the older secular nationalist vision. Whether Gulen was really behind the coup attempt remains to be seen, but there are reasons to suspect the President’s version of the coup’s origins, not least that the plot was very poorly planned and doomed to failure from the outset. For example, the plotters did not grab Erdogan or take over media outlets before announcing the takeover; did not move to censor social media in order to deny Erdogan and his loyalists an alternative communications platform; did not have more than a brigade’s worth of infantry troops (mostly conscripts) trying to control the entire country; and did not have enough armour or aviation on their side to impose emergency rule. As with many failed coups it was led by junior rather than senior officers, although that is because the senior ranks are full of Erdogan loyalists. One thing about modern day coups is that those leading them have a wealth of history to learn from, learning that does not seem to be much in evidence here in spite of Turkey’s history with previous coups and the examples provided by a host of countries elsewhere.

When it comes to the future of Turkish democracy, whether the coup was instigated from Pennsylvania or just a bit closer to the President’s own office is in many ways irrelevant. Erdogan is already using the events of the past week to further purge the military of secularist factions with the arrest of at least 6000 military personnel (including 130 officers), and has broadened the retaliatory sweep by suspending 8000 police officers, 15,000 public educators and 3000 members of the judiciary (all of whom are suspected of being opposed to his Islamicisation project for the Turkish state). He has moved to reintroduce the death penalty—a move which both appeals to baser populist tendencies and will be yet another setback in Turkey’s fifty-year long negotiation over accession to the European Union. None of this is supportive of democracy.

One of the major consequences of all this will be the reconfiguration of the Turkish military as a praetorian guard rather than professional organization. Based on Roman Imperial Guards, praetorian militaries are those that are heavily politicized, intervene in national politics, engage in domestic repression and serve the government of the day rather than the commonweal. Professional militaries, in contrast, are apolitical and non-partisan, focused on external defense and serve the nation as a whole regardless of who is in government.

What prompts a military to move from professional to a praetorian posture is a combination of push (internal) and pull (external) factors. The former include horizontal (between armed services) and vertical (between ranks) cleavages as well as resistance to government interference in military affairs. The latter include government corruption, stalemate, mishandling of security matters or inability to manage threats to national security, civil society pleading for intervention and loss of business confidence.

All of these factors were at play in Turkey’s latest coup. Nearly 300 people died in inter-service clashes. Erdogan loyalists swarmed under-manned and lightly armed soldiers in the streets of Ankara and Istanbul. Seeing that, civilian coup supporters stayed at home. Cynics will note that, in spite of its apparent near-success and the intense violence directed at loyalist-controlled security agencies and parliament, the nature of the undertaking suggested not so much a well-planned and militarily precise operation in defense of democracy as it did an opportunistic manipulation of discontent within military ranks in order to justify a purge of the discontented.

Whether the coup was done as a last ditch defense of the Kemalist democratic legacy or not, the outcome is now clear: Turkey has veered hard towards outright dictatorship with Erdogan as the primary beneficiary. The President’s announcement that he will now “clean all state institutions of the virus” that led to the coup is an ominous sign of things to come.

PS: The Herald was kind enough to publish a short version of the original essay on July 21, 2016.

Media Link: The US election circus.

I have just returned to NZ after a month traveling in the US. While there I spent a fair bit of time talking with political friends and former colleagues, and it has been refreshing to see that there are plenty of people who see the situation for what it is rather than succumb to the uncritical and conservative media-induced notion that Donald Trump represents a genuine alternative to the political status quo and a real hope for positive change.

Now that he has chosen a troglodyte conservative white male governor from one of the most reactionary states as his Vice Presidential running mate, the die has been cast for one of the most remarkable acts of party self-destruction in modern times. That will become apparent over the next few days as the Republican convention unfolds in Cleveland. Expect riots both inside and outside the convention arena, and with less than a handful of significant senior national level Republicans and at least four (other) Trumps on the speakers list, this could be one of the best inbred political dog and pony shows ever seen. Let the fireworks begin!

I shall write more on the US elections between now and November (when the general election is held). For the moment here is a NZ radio interview I did while in the US that covers some recent developments.

Bulk Collection, Mass Surveillance, Targeted Spying and the Issue of Consent.

I was invited to speak at a forum in Wellington on the “Privacy Security Dilemma.” It included a variety of people from government, the private sector, academia and public interest groups. The discussion basically revolved around the issue of whether the quest for security in the current era is increasingly infringing on the right to privacy. There were about 150 people present, a mixture of government servants, students, retirees, academics, foreign officials and a few intelligence officers.

There were some interesting points made, including the view that in order to be free we must be secure in our daily lives (Professor Robert Ayson), that Anglo-Saxon notions of personal identity and privacy do not account for the collective nature of identity and privacy amongst Maori (Professor Karen Coutts), that notions of privacy are contextual rather than universal (Professor Miriam Lips), that in the information age we may know more but are no wiser for it (Professor Ayson), that mass intrusions of privacy in targeted minority groups in the name of security leads to alienation, disaffection and resentment in those groups (Anjum Rahman), and that in the contemporary era physical borders are no impediment to nefarious activities carried out by a variety of state and non-state actors (various).

We also heard from Michael Cullen and Chris Finlayson. Cullen chaired the recent Intelligence Review and Finlayson is the current Minister of Security and Intelligence. Cullen summarised the main points of the recommendations in the Review and was kind enough to stay for questions after his panel. Finlayson arrived two hours late, failed to acknowledge any of the speakers other than Privacy Commissioner John Edwards (who gave an encouraging talk), read a standard stump speech from notes, and bolted from the room as soon as as he stopped speaking.

Thomas Beagle gave a strong presentation that was almost Nicky Hageresque in its denouncement of government powers of surveillance and control. His most important point, and one that I found compelling, was that the issue is not about the tradeoff between security and privacy but between security and power. He noted that expanded government security authority was more about wielding power over subjects than about simply infringing on privacy. If I understand him correctly, privacy is a commodity in a larger ethical game.

Note that I say commodity rather than prize. “Prize” is largely construed as a reward, gain, victory or the achievement of some other coveted objective, especially in the face of underhanded, dishonest, unscrupulous and often murderous opposition.  However, here privacy is used as a pawn in a larger struggle between the state and its subjects. Although I disagree with his assessment that corporations do not wield power over clients when they amass data on them, his point that the government can and does wield (often retaliatory) power over people through the (mis) use of data collection is sobering at the very least.

When I agreed to join the forum I was not sure exactly what was expected from me. I decided to go for some food for thought about three basic phrases used in the information gathering business, and how the notion of consent is applied to them.

The first phrase is “bulk collection.” Bulk collection is the wholesale acquisition and storage of data for the purposes of subsequent trawling and mining in pursuit of more specific “nuggets” of actionable information. Although signals intelligence agencies such as the GCSB are known for doing this, many private entities such as social media platforms and internet service providers also do so. Whereas signals intelligence agencies may be looking for terrorists and spies in their use of filters such as PRISM and XKEYSCORE, private entities use data mining algorithms for marketing purposes (hence the targeted advertisements on social media).

“Mass surveillance” is the ongoing and undifferentiated monitoring of collective behaviour for the purposes of identifying, targeting and analysing the behaviour of specific individuals or groups. It is not the same thing as bulk collection, if for no other reason than it has a more immediate, real-time application. Mass surveillance is done by a host of public agencies, be it the Police via CCTV coverage of public spaces, transportation authorities’ coverage of roadways, railroads and airports,  local council coverage of recreational facilities and areas, district health board monitoring of hospitals, etc. It is not only public agencies that engage in mass surveillance. Private retail outlets, shopping centres and malls, carparks, stadiums, entertainment venues, clubs, pubs, firms and gated communities all use mass surveillance. We know why they do so, just as we know why public agencies do so (crime prevention being the most common reason), but the salient fact is that they all do it.

“Targeted spying” is the covert or surreptitious observation and monitoring of targeted individuals and groups in order to identify specific activities and behaviours. It can be physical or electronic (i.e. via direct human observation or video/computer/telephone intercepts). Most of this is done by the Police and government intelligence agencies such as the SIS, and most often it is done under warrant (although the restrictions on warrantless spying have been loosened in the post 9/11 era). Yet, it is not only government security and intelligence agencies that undertake targeted spying. Private investigators, credit card agencies, debt collectors, background checking firms and others all use this as a tool of their trades.

What is evident on the face of things is that all of the information gathering activities mentioned here violate not only the right to privacy but also the presumption of innocence, particularly the first two. Information is gathered on a mass scale regardless of whether people are violating the law or, in the case of targeted spying, on the suspicion that they are.

The way governments have addressed concerns about this basic violation of democratic principles is through the warrant system. But what about wholesale data-gathering by private as well as public entities? Who gives them permission to do so, and how?

That is where informed consent comes in. Informed consent of the electorate is considered to be a hallmark of robust or mature democracies. The voting public are aware of and have institutional channels of expression and decision-making influence when it comes to the laws and regulations that govern their communal relations.

But how is that given? As it turns out, in the private sphere it is given by the phrase “terms and conditions.” Be it when we sign up to a social media platform or internet service, or when we park our cars, or when we enter a mall and engage in some retail therapy, or when we take a cab, ride the bus or board a train, there are public notices governing the terms and conditions of use of these services that include giving up the right to privacy in that particular context. It may be hidden in the fine print of an internet provider service agreement, or on a small sticker in the corner of a mall or shop entry, or on the back of a ticket, but in this day and age the use of a service comes attached with it the forfeiture of at least some degree of privacy. As soon as we tick on a box agreeing to the terms or make use of a given service, we consent to that exchange.

One can rightly argue that many people do not read the terms or conditions of service contracts. But that is the point: just as ignorance is no excuse for violation of the law, ignorance of the terms of service does not mean that consent has not been given. But here again, the question is how can this be informed consent? Well, it is not.

That takes us to the public sphere and issues of governance. The reality is that many people are not informed and do not even think that their consent is required for governments to go about their business. This brings up the issue of “implicit,” “implied” or inferred” consent. In Latin American societies the view is that if you do not say no then you implicitly mean yes. In Anglophone cultures the reverse is true: if you do not explicitly say yes than you mean no. But in contemporary Aotearoa, it seems that the Latin view prevails, as the electorate is often uninformed, disinterested, ignorant of and certainly not explicitly consenting to many government policy initiatives, including those in the security field and with regards to basic civil liberties such as the right to privacy and presumption of innocence.

One can argue that in representative democracy consent is given indirectly via electoral processes whereby politicians are elected to exercise the will of the people. Politicians make the laws that govern us all and the people can challenge them in neutral courts. Consent is given indirectly and is contingent on the courts upholding the legality if not legitimacy of policy decisions.

But is that really informed contingent consent? Do we abdicate any say about discrete policy decisions and legislative changes once we elect a government? Or do we broadly do so at regular intervals, say every three years, and then just forget about having another say until the next election cycle? I would think and hope not. And yet, that appears to be the practice in New Zealand.

Therein lies the rub. When it comes to consenting to intrusions on our privacy be they in the private or public sphere, we are more often doing so in implicit rather than informed fashion. Moreover, we tend to give broad consent to governments of the day rather than offer it on a discrete, case by case, policy by policy, law by law basis. And because we do so, both public authorities and private agencies can collect, store, manipulate and exchange our private information at their discretion rather than ours.

Bernie the spoiler.

Things are getting interesting on the Democratic side of the US presidential primaries. Although Hillary Clinton is on pace to win the nomination, Bernie Sanders continues to dog her steps with wins that keep him, if not within striking distance of securing the nomination himself, close enough in delegate count and popular support to narrow the gap between them to the point that she cannot claim a decisive mandate as the nominee. That is important because if the trend continues, and especially if he can stay close or win in California in early June, he can arrive at the convention armed with demands that will have to be met if he is to throw his support behind her in the general election. There is already talk of him running as an independent (which is what he was until he entered the Democratic primary). That would prove disastrous for the Clinton campaign and could turn the presidential race into a mirror image of two divided major parties having candidates from within their ranks running as spoilers against their convention nominees.

Let us be very clear on one thing: Bernie is right when he says that the Democratic nomination process is stacked against him. Between interest group super delegates whose loyalty is pledged to Clinton regardless of primary results to the closed primary process itself, there has been concerted effort by Democratic party bosses to keep his numbers down by denying independents the right to vote and counter-balancing the popular vote with super delegate selections. He has, quite frankly, been cheated on more than one occasion and that does not even take into account the more underhanded tactics used against him by the Democratic National Committee.

This spilled over recently in the Nevada Democratic convention, where a pro-Clinton state party chairperson overruled Sanders supporter’s motions and sat Clinton delegates rather than those pledged to Bernie. The convention descended into chaos and the chairperson, a woman, was inundated with vicious misogynistic physical threats mainly from the so-called “Bernie Bros,” presumably angry young men. Although Sanders issued a one line sentence condemning violence in a three paragraph statement about that convention, the bulk of it was dedicated to highlighting the underhanded moves made by the chairperson and her minions. He followed that with a victory speech after the Oregon primary (which he won handily) in which he remained defiant, belligerent and determined to take his campaign to the convention. He does not appear to be in the mood for reconciliation with Ms. Clinton.

Needless to say, Democratic Party leaders, Clinton supporters and many liberals are freaking out over this. They see Sanders as a sore loser given that he knew what he was getting into when he joined the party last year in order to run for the nomination. They see his candidacy as interfering with the streamlined selection process that was supposed to result in a unified consensus backing Clinton. More importantly, they see his intransigence and talk of a third party run as handing the keys to the Oval Office to Donald Trump, especially given that some Republican Party luminaries are lining up behind the Orange Crush as a matter of partisan duty regardless of what the consequences may be should he become president. In fact, however reluctantly, the Clinton haters within the GOP and their media surrogates appear to be coalescing behind Trump at the same time that the fractures within the Democratic Party are getting more pronounced. No wonder Democrats are freaking.

I am less concerned than my liberal US friends about this because I think that Sanders is playing his cards correctly. The reason is because I think that what he is playing is a variant of the “moderate-militant” strategy. A moderate-militant strategy is one where a militant objective is announced as a first negotiating point and pursued until an opposing actor makes moderate concessions to the militant. Rather than the militant goals, the real intent is to secure moderate gains. The militant starting point is just a negotiating ploy designed to force the opposing side to move towards it in the hope of securing an agreement.

In the Sanders version, the strategy is to run his campaign on “socialist” principles all the way to the convention. By playing hardball and not wavering before it, he forces the Clinton camp to accept the fact that without him they cannot win and with his supporters opposed they will certainly lose the general election. If Sanders arrives at the convention armed with a strong contingent of delegates in spite of all the manoeuvres against him, he can threaten to tell his supporters to either not vote or cast their ballots against her in the general election. In that case it is very likely that Clinton will concede on important issues and incorporate them into her policy platform before she is declared the nominee. This decision will be made easier by the GOP partisan consolidation around Trump, which brings closer to reality the heretofore unimaginable prospect of his presidency. Given her own negatives, she can no longer rely on loathing of Trump as a guarantee of a defensive vote turnout against him. She needs Bernie more than he needs her, and his playing tough all the way to the convention is a way of underscoring that point.

The worst thing that Sanders can do is concede or pull out of the race before the convention. Were he to do so he would lose any bargaining position he might have had at the convention because for the militant-moderate strategy to work it must be held steadfast until the other side makes a conciliatory move. Given their differences, including opposing views on whether to embrace corporate reform and accept special interest political financing among many other things (such as the US position on Israel-Palestine), it would be a waste of all the time, resources and effort he and his supporters have put into his campaign to abandon it before they have a chance to make their case at the common gathering. Instead, the best bet for his voice being heard strongly at the convention is to press on all the way to it, and then some.

Under no circumstances should Sanders accept Clinton’s assurances on key policy issues in return for his quitting the race and throwing his support to her. I would not trust the DNC and Clinton camp as far as I could throw them. Instead, he must make a condition of his support that the party write in the concessions to his policy demands into the presidential campaign platform adopted at the convention. It may not make for an airtight guarantee once she is elected but it will be much better than relying on her good faith that what was promised will be delivered come January 2017.

If the Clinton camp is smart they will realise that Sanders has brought something new into the party, which given the polarisation of the country and who they are running against, can be a key to their success in November. They must understand how he is playing the game and why he is doing so. They must understand that offering him a position in a Clinton administration is not what he is after and would not suffice to mollify his supporters in any event. They must study their positions in advance and see where they can concede readily and where negotiations on substantive issues will be harder. But what they must understand most is that the chances of a Clinton victory in November rest as much on gaining his support as they do on her own qualifications and experience.

If that is understood, the remaining primaries can be contested vigorously (if not honestly) with a mind towards clearly demonstrating the policy-based platforms of the Democratic candidates versus the empty rhetoric, simple-minded prescriptions and opportunistic bombast coming from the other side. Once that is done, the convention can become not only an arena of contestation between contending ideas about how to take the country forward, but also an opportunity to exchange concessions in order to present a unified front to the voting public. Therein lies the recipe for success in November.