Author: Pablo

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A Turn to Mean.

As I watched various labour conflicts over the past few months, then took in accounts of greed-mongering of various types (the wheel-clamping rort being the latest), I set to wondering if things have turned mean in NZ. I tend to think so, and believe a lot of it has to do with National’s presence in government as well as the increasing stratification of NZ society–something National’s policies tend to exacerbate. Some of this collusion is obvious, such as changes to labour laws that strip worker’s of collective rights while enhancing employer prerogatives when hiring and firing (under the banner of so-called “flexibility”). Some is less so, such as in the “look the other way” approach to the conditions that led to the Pike River and Rena disasters and the hands-off government reaction to them. But the trend towards meanness began well before National returned to government in 2008 even if it has gotten worse under it.

It strikes me that the syllogism involved goes something like this: increased employment precariousness born of economic recession in climates of market austerity premised on cost-cutting in both the public and private sectors leads to increased anxiety, then desperation amongst the salaried classes as their life opportunities narrow. In the measure that collective means of defense and redress are also pared down and stripped of legal cover, agency takes precedence over principal to the point that individual rank and file interests are sacrificed in favor of continued union bureaucratic presence (however diminished) in those economic sectors that remain at least partially organized. In the measure that workers realize that their agents have adopted the “iron law of oligarchy” where bureaucratic self-interest and survival becomes the primary objective to which rank and file interests must be subordinated, notions of collective solidarity are abandoned in favor of individual self-interest. Since this is the dominant ethos at play in unorganized sectors of the economy and amongst the managerial and financial elites, the move to survivalist alienation becomes endemic (and indeed pandemic, if we include the fact that immigrants are socialized into the culture of meanness, thereby propagating the “disease” beyond its original culture). The original agents of transmission, in any case, would appear to be the market ideologues who have metastasized into the managerial elites of the present day.

When survivalist alienation becomes endemic, cultural, ethnic, religious and other forms of ascriptive categorization are used to justify the “me first” approach to social intercourse. Until then people may just be bitter. But this is the point when things turn mean.

I could be wrong and this has always been the case in NZ. My impressions are formed since 1997, so perhaps what existed before was indeed a land of milk and honey. But it seems to me, beyond the inter-generational inevitability of the trend towards hyper-individualism there lay a number of accelerants that have made things worse in the last ten years.

 

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Which Way, Huawei? (With postscript).

All internet architecture has the potential for use as a Signals Intelligence Intercept platform (SIGINT). Data mining already occurs at the mid-range of  IT frameworks, such as when Facebook collects personal information on users for consumer research (or more nefarious) purposes. Cell phones have GPS trackers, which requires software. The range of data-mining already at play in the commercial field is extensive. It therefore should come has no surprise that States also have an interest in data-mining, but for military, diplomatic and intelligence purposes.

If mid-level IT platforms such as FB and numerous other private agents can data-mine extensively with or without the consent of those whose personal information is being accessed, then it stands to reason that providing the basic support infrastructure for IT operations gives the provider even more opportunities at such. In a liberal market environment there are standards of conduct and protocols developed to restrict the unfettered access to private information. But what happens when a state capitalist enterprise is the provider of basic IT infrastructure?

In market capitalist systems the state serves the interests of capitalists by framing the legal and governance frameworks so as to encourage competition on an ostensibly level regulatory playing field. In state capitalist systems capitalists serve the interests of the state above and beyond their particular commercial interests. This is seen in European fascism, Latin American national populism, and in Asian developmentalism such as that of Singapore.

Huawei is the product of a state capitalist system. It was founded by and is led by former PRC intelligence officers. Although Huawei claims to be 100 percent employed owned, that is true only because the one-party authoritarian regime than rules China continues to maintain that it is Communist, which means that all employees are owners. Huawei has been designated as one of the seven national economic treasures that are considered to be essential strategic assets for Chinese power projection, and as such are subject to the strategic dictates of the ruling party. All of this is well known, and having independent local Huawei operators fronted by non-Chinese managers cannot disguise that fact, particularly when all of the components and associated hardware are engineered and made in the PRC.

The US and Australia have decided to bar Huawei from providing IT technologies to strategically important sectors of their IT markets. The US specifically excludes Huawei from any defense or security related contracts, and for that reason Symantec decided to sell its interest in Huawei USA. The Australians feel that their National Broadband Network (NBN) is too precious an asset to be opened to Huawei. They say they have their reasons, and that those reasons have to do with national security.

NZ has just signed off on several broadband infrastructure contracts with Huawei. The question is whether those responsible for the decision were aware of the US and Australian position and if so, why they choose to ignore it. The UK and Canada have allowed Huawei civilian IT contracts, which is important because they are part of the Echelon SIGINT and TECHINT network that binds the “5 eyes” parties together (along with the US, Australia and NZ). In the UK Huawei was awarded contracts for civilian IT, but that was followed by the government communications security agency running an extensive and costly forensics accounting of Huawei systems in order to ensure its cyber security, and even then cannot guarantee that the system is safe as far as covert “backdoor” entryways are concerned. This had something to do with the Australian decision.

95 percent of attempted probes into US corporate and security IT systems originate in the PRC. In the PRC all internet access is tightly controlled and monitored. Huawei is a leading provider of the IT systems used in the PRC, to include the firewalls used to censor foreign content and the tracking devices used to monitor internal dissent. Although all of this is circumstantial, this is the non-classified reason why US security agencies have decided that the company serves as a SIGINT front for the PRC. Add to that concerns about Huawei activities in foreign SIGINT gathering, and what you have is a reason to ban it from competing for security related contracts.

Of course, this could all be a corporate driven plot to preserve market share in the face of superior Chinese efficiency. Or, it could be racism. Or it could be part of the Trilateral Commission efforts to extend its world hegemony. I am agnostic on the exact reasons, but whatever they are, I sure do hope that someone in the National government was briefed by the GCSB and/or SIS on what they were. After all, as full intelligence partners with the US and Australia, one would think that these agencies would have received some of the classified details of why the US and OZ have their doubts about Huawei, and that these agencies would have dutifully reported to at least the Minister for Security and Intelligence, John Key, on the nature of these concerns.

Mind you, if the concerns about cyber espionage are true, I do not fault the PRC a bit for doing so. As an emerging great power with global economic interest and no intelligence sharing network such as Echelon on which to rely (unless one thinks that intelligence sharing with North Korea and Burma is a good counterpart to Western intelligence networks), then the PRC must–and I do mean MUST–develop its own human, signal and technical intelligence capabilities in the measure that its global interests grow. That is just the way the game is played in international security affairs.

The major sea lanes of communication between Latin American and Australasian primary good and raw material suppliers and the Chinese mainland pass through the South Pacific. It would therefore be remiss of the PRC not to seek to ensure the security of these vital channels, and one part of doing so is to have a better intelligence “grip” on what goes on in the countries through and in which they are situated. To put it in Brooklyn-ese: they gotta do what they gotta do because no one else is gonna do it for them.

That is why it would be helpful to hear a “please explain” response from Mr. Key on the matter.

Postscript: It turns out that as early as 2008 the concerns of NZ intelligence partners about Huawei were discussed in US embassy cables from Canberra (which were sent to the US embassy in Wellington, among other places). In 2010 the SIS and GCSB informed him that they could not guarantee that the broadband infrastructure would not be compromised if Huawei was awarded the UFB contract. For reasons as of yet unexplained, he choose to ignore the warnings. As it also turns out, India and South Korea have banned Huawei from critical IT infrastructure projects. Thus it seems that concerns about Huawei are not just a Western plot born of anti-Chinese xenophobia and a desire to protect market share for western businesses, but part of a wider conspiracy amongst China-haters of all stripes. Mr Key, however, is not one of those, and his meetings with Huawei executives at the 2010 Shanghai Expo is proof of that. (Note to readers: all of this has been discussed in the NZ mainstream media the past week, and the 2008 embassy cables were published by Wikileaks).

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Labour’s new Tui Ad.

Former Police Minister Annette King says that she and her cabinet colleagues were not informed about Operation 8 until the night before the dawn raids. She says this after stating that the Solicitor General advised the Police at the time to charge those arrested under the Terrorism Suppression Act, only to change his mind after the raids were completed.

Annette King expects us to believe that she, as Police Minister, had no clue about a police operation that was going to invoke the TSA for the first time, not against foreign terrorists but against a collection of well-known domestic dissidents with long histories with the Police. She expects us to believe that Helen Clark, the micromanaging, all-knowing Prime Minister and Minister for Intelligence and Security, had no clue about Operation 8 even though the TSA was used to justify the electronic surveillance of the suspects a year before the raids, that SIS assets were used to that end, and that the raids would be carried out on Tuhoe land as well as in cities (a delicate political issue, to say the least). She expects us to believe that Phil Goff, the Defense Minister, was clueless about the operation even though, as the foremost counter-terrorism unit in the country, the NZSAS could be called into action should the situation warrant (which would require some advance notice). She expects us to believe that the Combined Threat Assessment Group (CTAG) was not involved in the build up to the raids, or if it was, that this inter-agency task force did not inform any senior government minister until the night before the doors were kicked down. She wants us to believe that then-Police Commissioner Howard Broad, well known for his ties to the the Prime Minister, did not utter a word about who was targeted and why until less than 12 hours before the cops rolled.

She would like us to believe that with the possible exception of the PM, no one in the 5th Labour government was aware of Operation 8 until October 14, 2007. This, even though multiple agencies were involved and the lead-up  to the raids was over a year in the making.

Yeah Right.

 

 

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Theater of the Absurd.

Is there something in the water that trial lawyers drink?

First the prosecution claims that the Urewera Four and their merry band of role-playing wanna-be commandos were in the bush training for urban guerrilla warfare and posed an imminent threat to New Zealand’s peace and tranquility. The defense answers that all the gun play was just a wanaga exercise designed to train people for private security jobs so that they could move off the dole (even though all of the original defendants were well-known Left activists of various stripes, and several had jobs). Then Tame Iti’s lawyer sums up his defense by claiming that Iti is comparable to Nelson Mandela in the historical scheme of things. WTF?

Are these lawyers high? Is there something about the High Court that brings out the hyperbole in barristers? Do they think that juries are idiots? Or do they think that by offering up a mountain of bluster that the jury will not differentiate between smoke and fire? One thing is clear–the lawyers in this case clearly have Ph.D.s in argumentation: they Pile it High and Deep.

The sad fact is that after more than a million tax-payer dollars have been spent on punitively prosecuting some deluded and/or foolish people for acts that are otherwise commonplace in rural New Zealand, acts that happen on a weekly basis, we have been saddled with a four year court process ending in a trial in which both sides make patently absurd claims to bolster their respective cases.

Whatever the outcome of the trial, if this is the state of the art when it comes to criminal prosecutions and defense, then New Zealand is being very poorly served. And having to pay for that poor service is as galling as having the case go to court in the first place.

 

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Accumulation versus Distribution.

The bottom line of any political economy resolves around the question of accumulation versus distribution. Productive activity that generates surpluses (profits) can be accumulated by those who control the means of production (workers or capitalists), or can be distributed throughout the larger community in which production is located. In capitalist system decisions about accumulation and distribution are done by capitalists. Workers organizations fight or bargain for better distribution of profits. Capitalists would prefer to accumulate for their own consumption. Because production is essential for the material standards of everyone, in democracies capitalists and workers negotiate the proper ratio of profits saved to profits distributed. Once distribution has occurred (via wages, benefits and the like) the saved part of profit is re-invested or “taken” by capitalists (owners) for personal use. Both sides adopt minimax negotiating strategies by making maximum claims on the preferred ratio, then settling for a mutually acceptable minimum. By doing so neither wages or profit-taking rise too recklessly or out of proportion to productive gains or inflation, as that would lead to inefficiencies and potential social unrest.

Or so the system is supposed to work. Depending on relative political balances and the specific location of a given productive sector in the capitalist world cycle at any specific moment, workers or capitalists may have structural and political advantages to play in their favor. Workers will attempt to maximize distribution in the form of job security and wage and benefit gains; capitalists will attempt to maximize accumulation by rolling back worker’s redistributive gains.

For the last twenty-five years logics of accumulation and profit-taking have dominated macroeconomic thought. Workers have steadily seen their distributive gains eliminated. As the process has deepened capitalists have pushed not only to reduce the material aspects of the distributive process. Sensing a favorable economic and political environment in places like New Zealand, they are launching attacks on the rights to collectively organize in defense of distributive stakes or goals. Capitalists well understand that for people to have economic rights they must have political rights.  The right to organize collectively is a political right. Reduce that right and previously held economic rights are more easily curtailed or eliminated. The more the concept of economic rights based on distribution is pushed towards a minimalist definition (encapsulated in the saying “you are lucky to have a job”), the more workers will limit their distributive demands in the quest for basic subsistence. The more that they do so the more working class internal competition will further push down the overall wage bill and increase job insecurity. The process of “casualisation” is the result of that trend, with “labor flexibilisation” being the managerial jargon used to describe employment precariousness.

Today in New Zealand the scales are tipped in favor of accumulation over distribution. The political and economic elite (including many in the Labour Party leadership) overtly side with the logics of accumulation argued by capitalists. They accept the reasoning that in the current global economic moment distribution to workers is contrary to future growth. Thus they accept that not only worker’s distributive demands but their political rights must be curtailed in order for economic benefit to occur. Of course, that benefit accrues to capitalists rather than workers, and if the low rates of re-investment in many productive sectors is anything to go by, profit-taking out of accumulated surpluses have been very good for capitalists indeed.

None of this is particularly new or surprising, even if recent labor conflicts had led to commentary about an impending class war in New Zealand, among other places. What is happening today is just the logical conclusion of a process of market-driven accumulation that began in the 1980s and which is reaching deep into the foundations of modern political economies today. The purpose is to forever privilege accumulation over distribution, and to ensure the political conditions in which workers can no longer challenge that logic or have a say in fixing the “equilibrium” ratio of accumulation to distribution.

Such a system has long been noticed and understood by the materialist school of class conflict. It is called the Asiatic Mode of Production, which relies on super-exploitation of human labor for accumulation gains. Given that New Zealand’s original market ideologues borrowed some of their policy prescriptions from the Chicago School of monetarist economics (later conceptually distorted in the word neoliberalism) as widely applied by capitalist authoritarians in the 1970s and 1980s, it seems  that their heirs have borrowed from the Chinese or Singaporean models, which are also heavily reliant on authoritarian political and social controls. This shift in preferred macroeconomic models makes perfect sense when we consider the move, shared by both major parties, to focus NZ’s diplomatic and trade relations on Asia and the Middle East, where democratic “niceties” are in short supply and where capitalists are largely unencumbered by human rights, much less labor rights or worker’s substantive rights to a share of the benefits of production.

The modern Asiatic model is as ruthlessly efficient as its predecessors, but is also based on a downwards redefinition of the concepts of economic and political rights that is generally considered anathema to democratic values (which in the labor market are enshrined in International Labor Organization conventions, now under siege in NZ and elsewhere). It would seem that in this particular market-driven moment, authoritarian capitalist reasoning prevails, accumulation is the sine qua non of macroeconomic policy, and the notion of egalitarianism as the basis for stable social order reflected in a fair ratio of accumulation to distribution has been abandoned in favor of the all-mightly profit-taking “bottom line.”

That is the state of play in New Zealand today.

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Servitor Imperialism.

Although the golden age of imperialism is long past, the early 21st century has seen a resurgence or perhaps a new form of imperialism in the guise of US-led expeditionary wars to “bring democracy” to rogue or failed states. Besides the wars of occupation waged in Iraq and Afghanistan, the not so covert intervention in Libya and ongoing US military activities in places like Somalia, the Sudan, Colombia, the Philippines and Nigeria suggests that far from being an outmoded concept, the notion of neo-imperialist supremacy is alive and well.

A lesser known aspect of imperialism is the role of servitor imperialists. Servitor imperialist were the colonial troops that deployed and fought for their imperial master. The Scots, Welsh, Australians and New Zealanders all played the servitor role for the British Empire, fighting and dying in places like Gallipoli where none of their core national interests were at risk. Unlike mercenaries, these servitor troops fought out of loyalty to the Crown rather than for money. Today the Gurkhas continue to do the same.

Other former great powers such as the French, Spanish and Portuguese also drew troops from their colonies as they attempted to hold on to their global possessions, albeit with mixed success.

In the 20th century the great wars can be seen as existential threats to the way of life of the servitor former colonies and colonial possessions. The Korean conflict and Vietnam war were less so, but the argument was made the global communism was an existential threat to Western capitalist societies and their allies in the developing world. So the servitor troops stumped up in them as well.

Today, it seems that the role of Imperial hegemon is played by the US, but the twist is that its servitor forces are drawn from allied militaries with UN backing and retain relative command autonomy in the field. Australia and New Zealand again are playing their historic role in fighting in conflicts which, if one removes the idea that the conflicts are about eliminating global terrorism, have little to do with their core national interests (and truth be told, while terrorism is a nasty tactic in an unconventional warfare strategy, it poses no existential threat to any but the most fragile of states, so using the threat of global terrorism as an excuse to join foreign conflicts is a bit of a stretch). Here too, the deployment of servitor imperialist troops is done out of allegiance rather than money: Australia and New Zealand perceive that there is an alliance obligation to help the US in its military adventures, one that may or may not be rewarded not so much in kind (as neither OZ and NZ face physical threats to their territorial integrity) but in other areas of bilateral endeavor such as trade or diplomatic negotiations more central to the servitor’s concerns such as climate change or arms control.

In this era the term “imperialism” is fraught. But just because it has become a dirty word in some circles does not mean that it does not exist, or that the practice of playing servitor imperialists to other great powers is not ongoing. What has changed is the guise in which servitor imperialism occurs, with less Imperial ordering and more multinational cover given to the actions of less powerful countries who send troops to fight in the conflicts instigated by their Great Power allies. It as if there is a cultural disposition in some former colonies to want to serve the Master even if there is no longer a colonial leash tying them together.

Thus, for purposes of definition (there is a good body of scholarly literature on the subject), servitor imperialism is a situation where the natives and descendants of subjugated or colonized nations and sub-national political communities pledge fealty and serve in the wars of their Imperial masters even though no core interest of their homeland is at stake or in jeopardy. In the modern servitor neo-imperialist version, former colonies or subjugated nations send their citizens to fight in wars of the new Imperial hegemon when no core interest is at stake. The difference between this syndrome and a proper military alliance is that in the latter there is a common recognized existential threat that militarily binds countries together, whereas the servitor imperialist approach sees benefit in joining non-essential foreign conflicts instigated and prosecuted by neo-imperialist powers for reasons of their own and without regard to the core interests of the servitors. The syndrome is rooted in a cultural disposition to “serve” the master, whether it be old or new. Leninists might say that is playing the role of useful fool in international security affairs, but whatever the case the syndrome appears alive and well in some parts of the world.

I reflect on this because I have noticed a lot of pro-British chicken hawk rhetoric in rightwing NZ blogs about the current tensions with Argentina over the Malvinas/Falklands islands. For those unaware of the issue, in April we will reach the 30th anniversary of the 6 week war between the UK and Argentina over the islands. Although most Argentines have no interest in renewing hostilities and the Argentine military has made no moves to suggest a desire to retake the islands by force, right-wing Nationalists within Argentina have stepped up their bellicose rhetoric. Even thought the Argentine Right fringe is small, it has influence in some political circles, including with the governing Peronist Party. That has forced the government of Cristina Fernandez de Kirchner and some provincial authorities (since Argentina is a federal republic) to attempt to placate that part of the electorate with public and diplomatic complaints about the ongoing UK military presence in the archipelago (since the UK controls the South Georgia islands, also re-taken in the 1982 war). For its part the UK media has jumped on tits own Nationalist bandwagon, seeing such things as the Crown Prince’s search and rescue deployment to the Falklands as a reaffirmation of the glory days of Pax Britannica.

Truth be told, although Argentina was ceded the Malvinas after its independence from Spain in 1810 (as Spain had control of them until then), the British presence extends back to the 1830s when the few Argentine whalers and sealers resident on the islands were forced  off and the territory proclaimed British. British settlers have had a continuous presence since then and their descendants (now into their eighth generation) consider themselves British subjects. Since possession is 9/10th of the law and the “kelpers” as they are called consider themselves to be part of the UK, it is extremely unlikely that the islands will ever be returned to Argentina.

Argentines know this and except for the Right fringe, accept the verdict of history. In fact, the reason for Argentina’s continued diplomatic protestations about the Malvinas/Falklands is that there are vast oil and natural gas deposits in the seabed around the islands, as well as the fisheries in adjacent waters. Now that technology allows for the exploitation of these resources, Argentines want part of that action. Extending Argentine territorial claims out to the islands (600 nautical miles off shore) allows the Federal Government  to negotiate the commercial aspects of these potentially lucrative resource deposits, and for that to occur Argentina needs diplomatic backing for its claims. Needless to say, the UK has no intention of allowing that to happen.

Thus, while the kelpers are clearly disposed to play the role of servitor imperialists for the UK, it is a bit odd to read all the bluster and anti-Argentine rantings coming out of certain NZ rightwing circles. It is as if they retain their servitor attitudes long after the Empire has faded, something that, with a slight change in orientation, the National government appears to hold as well.

 

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In an age of increased international interdependence, NZ shrinks diplomatically.

The lunatics have taken over the asylum. Not only has National adopted an incoherent foreign policy in which it attempts to straddle the fence between China and the US by tying its trade fortunes to the former and its security fortunes to the latter (something that it thinks is hedging but which is untenable given the looming strategic conflict between the two great powers). It has now decided that it can dispense with 305 MFAT employees, including diplomatic staff assigned abroad (as it closes embassies and consulates). This, at a time when global interdependence is increasing and the range of international relations is getting more rather than less complex.

Diplomacy and its support infrastructure are good value for money because the service it provides helps NZ’s position in the world. For the cost of diplomatic and home office salaries, travel, conferencing, housing (abroad) and foreign aid programs, NZ can avoid military entanglements (the costs of which are exponentially higher than diplomatic chit chat), engage in negotiations on matters of national interest (for example, non-proliferation, arms control and climate change), and generally steer a safe course in the turbulent seas of the post 9-11 world. To do so requires personnel with varied skill sets, so reducing the complement of personnel dedicated to diplomatic functions reduces NZ’s capacity to engage its foreign interlocutors on a broad range of issues. Numbers do matter here.

The market zealots of the National razor gang want to cut all perceived public sector fat regardless of consequence. This is like choosing a skinny marathoner to run an Antarctic ice race instead of a distance runner with a sturdier (read thicker) constitution: the short term look may seem impressive, but once the choice is placed into real context it is bound to suffer, likely fail and in the end be more costly to maintain. We have already seen the domestic consequences of such logics. Now we will see them in our international affairs.

Add to this the privatization of NZAID programs in which fostering business opportunities is given priority over human developmental assistance, and what you have is foreign policy debacles in the making.

Of course, the National government may be doing this because it already knows that it is going to lose the next election and does not care if it saddles Labour (or more likely a successor Labour/Green government) with the costs of the diplomatic re-build after McCully and co. have reduced NZ’s diplomatic footprint to that of a child in the sand. But that, in a phrase, captures what National is all about when it comes to foreign policy: a child playing an adult’s game without regard to long-term consequence.

Eventual ratification of the much hyped Trans-Pacific Partnership, should it occur, will not save National from its folly and will in fact exacerbate the tensions between the Chinese and the US. That in turn will have very negative consequences for NZ since it is increasingly dependent on China for trade and on the US/OZ for security. This, with less people employing the skills to smooth over the differences between the two contradictory positions.

Couple the above with the erosion of morale and skill sets within the NZDF as a result of similar cost-cutting measures, and what is left is a shell of NZ’s former international presence. Sometimes the bottom line is not measured in monetary terms but in terms of competence, reputation and committed presence. This is particularly true for international relations, where the belief that NZ punches above its weight in international affairs is being put paid to by National’s incompetence and dogmatism.

In my opinion National has put ideological partisanship ahead of the national interest. If the proposed cuts are more than a bargaining chip, then the only questions left are who will profit from National’s increased privatization and out-sourcing of the country’s international relations and who will pay the price? I suggest that in response to the latter, all Kiwis will pay a price for this decision, including the private interests who may short term profit from National’s grossly myopic and self-interested approach to foreign affairs staffing. Let us remember: most developed states consider foreign policy making and implementation to be an essential and universal function of government not susceptible to narrow partisan logics, precisely because of the long-term common need for diplomatic continuity in a difficult world.

 

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Exaggeration as a prosecution strategy.

Judging from the media coverage of the Urewera 4 trial, including video and audio evidence given by the Crown to the press, the prosecutorial strategy is quite clear. It consists of three interwoven strands that together offer a narrative about politically-motivated armed criminal conspiracy. The first is to say that the activities depicted in the evidence were serious military-style (paramilitary) training. The second is to characterize the exercises as, in the words of the Crown Prosecutor, “training for…guerrilla warfare,” something that implies a target and an objective. The third is to claim that this training constituted a clear and present danger to the New Zealand public, or at least to the political elite who the defendants in the alleged conspiracy commonly oppose. Although the usual sub judice protocols are said to be in place, selective  leaking of the video and audio tapes (whose legality is in dispute) helps the Crown backdrop its case, in a form of trial by media in which there is no right to rebuttal. The release of the audio and video evidence was done for prejudicial reasons, not because the Crown had to.

The problem for the Crown is that the video and audio evidence covertly collected by the Police suggest something less than dangerous proficiency on the part of Tame Iti and his activist comrades. There is no doubt that the camps had a paramilitary flavor to them. So do hunting camps, paintball competitions, male-bonding sessions and survivalist exercises. More tellingly, the video shows rank amateurism and indifferent commitment by the people involved.  As an example, Omar Hamed, an original defendant who is not on trial, is seen in close up video coverage looking like an excited 12 year old with his first rabbit hunting.22 (which was the actual weapon he was holding) as he stares directly but obliviously at a surveillance camera a meter away (which suggests a lack of situational awareness given that the Police claim that Mr. Iti repeatedly warned his activist colleagues to beware of “eyes and ears” on their activities). His pea shooter may or may not have been loaded. Mr Iti’s concerns, as it turns out, were justified.

In the video some people march purposefully and some shuffle listlessly and mill about while others converse and apparently shoot at unspecified targets. Some give instructions. Some wear balaclavas. A car bonnet is used to prop up a shot. There is rudimentary martial arts training seen in the video, but it is farcical given the skills of the people involved (in a creepy sidebar with relevance to this aspect, it is suggested in some quarters that Mr. Hamed is more dangerous to activist Left women than he is to the status quo). Audio of cluster fire (cluster fire is the overlapping of multiple shots from several weapons in order to saturate a target area) does not identify who was doing it or what they were shooting at, and the presence of spent cartridges under a pock-marked tree tells little in light of the amount of hunting that occurs in the Ureweras.

Frankly, I would be more concerned if the videos showed the activists on a boar hunt, slitting the throats of piglets while yelling “death to imperialism!” The activities shown are far from that and much more about make believe. From what I have seen, the NZ public have little to worry about from this crowd.

As I have said before, it is not a good look for anti-war, Maori and environmental activists to be playing at commando. But it is not a crime to do so–many other people do–so the prosecution’s case is built on a grand exaggeration. It attempts to show a level of competence, organization and training focus to the paramilitary exercises that simply was not there. If anything, the video evidence is an embarrassment to those in them, whether or not they had a political motive for being at the camps. That is curious because neo-Nazi groups do the same type of “training” with a better (yet pathetic) level of competence and a definite, publicly stated political goal of preparing for racial conflict, yet somehow have avoided being the subject of a Ruatoki-style Police response and four year Crown prosecution.

The Crown exaggerates its case not only to secure convictions but also to smear and deter. Mentioning the phrase “guerrilla warfare” indirectly introduces the word terrorism into the juries’ minds. By overlapping the two concepts the prosecution smears a certain type of Left activism with the dreaded “T” word. Even those not on trial–we should remember that all charges were dropped against  13 defendants–are tainted by their association with that word even though no formal charges of terrorism have been laid against any of them. The purpose of raising the specter of guerrillas in our midst is clearly to smear the defendants, but also to deter others on the Left who might wish to add paramilitary skills to their activist inventory.

The Crown imputes coherent motive to the defendants when it speaks of guerrilla warfare. It claims that it has evidence of such. But even if a common motive was established (perhaps hatred of “Da Man”), the inference is that this motive was focused on preparing to use armed violence against specific targets in pursuit of a unified goal. That is a stretch, not only because of the varied causes that the original group of defendants espoused, but also because of the clearly different levels of enthusiasm and combat skills they exhibit, none of which come remotely close to credible guerrilla organization and tactics.

Thus, from what the press coverage has been so far, the Crown prosecution of the Urewera 4 is much ado about nothing. The process is the punishment, because after four plus years of uncertainty, expense and de facto restrictions on their movements (some of the original defendants have been refused entry to foreign countries, which means that their names are on an international security list very likely provided by the NZ authorities), those on trial today, their Urewera colleagues and others on the activist Left (since the neo-Nazi Right appears to be immune) will think twice about making like Warriors even if this trial results in acquittals (the most likely case for conviction will be firearms law violations). Regardless of the outcome of the trial, in that regard the Crown prosecutors and the Labour and National governments that have overseen them will have won. Engaging in procedural delays, legal manipulation of charges and prosecutorial exaggeration is a successful Crown strategy regardless of the formal outcome.

That is the most troubling aspect of the entire affair. By stretching the definition of what constitutes a serious threat of domestic guerrilla warfare in order to prosecute a well-known group of Left-leaning fantasists (who may or may not have had wanna-be militant ambitions), in what appears to be a specifically targeted vendetta, the Crown has played loose with the basic rules of democratic jurisprudence. In doing so fairness and justice in the legal system has been sacrificed at the alter of political opportunity, which is a far worse outcome than the individual fates of the accused.

There may be new and alarming revelations to come that would substantiate the Crown’s case against the Urewera 4. But from where I sit, using what is currently in the public domain, this appears to be a prosecution based on malice, not facts.