Author: Pablo

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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.

 

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Blog envy or blog petty? Corrected Version.

A fellow named Andrew Geddis posted on another NZ blog a post about electoral reform in which he takes a swipe at KP for not having “dirt under its fingernails.” I do not know this fellow, and he certainly does not know me. Nor does he seem to know that KP is a collective, not an individual effort.

I take it that he believes that KP (whether singular or plural) does not practice what it preaches, as if KP was some sort of effete armchair intellectual circle jerk that is not grounded in real life praxis or any experience with real politics. In a word, he appears to think that KP is all bluster and no substance.

I cannot speak for the other KP members but I know them and can say with some confidence that we, collectively and individually have, are and/or will continue to engage in real politics as well as in political discussion and debate. My experience was mainly in US government service of one sort or another as well as academia (teaching aspects of politics), and after I came to NZ, in voluntarilly helping in the defense of Ahmed Zaoui  and the Urewera 18 against scurrilous charges of terrorism, among other things academic and not.

I am therefore somewhat perplexed by Mr. Geddis’s negative mention of KP. Does he have a beef with one of us? Is there some history I am unaware of? Otherwise I am at a loss to explain what in any event appears to be an unprovoked jibe that has no basis in fact.

Can anyone illuminate me as to what might be going on?

Update:  As several readers including Andrew himself have pointed out, the remark that I found untoward was in fact a joke. As I said in the comments, that pretty much confirms that I am humorless, or at least thin-skinned where KP’s integrity and “grounding” is concerned. I apologise to Andrew for misconstruing his words. What is interesting, once again, is that in contrast to more thoughtful posts, this post on a trivial matter enjoyed a strong upward spike in page views. I guess even reasoned people like to read about unreasonable silliness.

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Russia and China True to Form.

The double veto cast by Russia and China against the UN Security Resolution condemning the Syrian regime’s repression against unarmed civilians and calling for Bashar Assad to step down in favor of a coalition government harks back to the obstructionist logics of the Cold War. Besides confirming the ingrained authoritarian ethos in both countries (an ethos that does not see human rights as universal values but as contextually constructed), the blocking of the resolution stems from a mix of realist and idealist perceptions.

The idealist perceptions are rooted in the principles of non-interference and sovereignty. Russia and China argue that the UN’s actions amount to externally-forced regime change. That would be true. In their view the right to self-determination, no matter what brutality is evident in a regime’s behavior, is more important than the defense of unarmed populations against the depredations of their rulers. Dating back to the Treaty of Westphalia, sovereignty is the founding principle of the modern nation-state system, and other than as a result of a declared state of war it is illegitimate to attempt to externally impose a political outcome on a sovereign state (exceptions to the rule notwithstanding).

Russia and China are well aware that in recent years the “Responsibility to Protect” (R2P) doctrine has been formalised as part of the UN mandate. R2P states that the international community must act, with force if necessary, to protect vulnerable populations from state violence or in the face of state unwillingness or incapacity to prevent atrocities committed against innocents.  The genocide in Rwanda was the catalyst for the R2P and it has been invoked in the Sudan and Somalia, among other recent cases.

Most importantly, R2P was invoked in UNSC resolution 1973 authorizing the use of external military force in Libya. Starting out under the pretext of protecting Libyan civilians from military assaults by the Gaddafi regime, it morphed from enforcing a no-fly zone to arming and advising anti-Gaddafi forces on the ground in pursuit of regime change. The Russians and Chinese had flagged this surreptitiously planned mission creep from the onset, and had warned that misuse of the R2P to justify armed intervention against a sovereign state government would set a bad precedent.

That is the precedent now being applied to Syria. The Russians and Chinese know full well that external intervention in Syria in pursuit of regime change is on the cards, using R2P as the justification. They also know that military intervention in Syria, should it come, has nothing to do with protecting innocents and all to do with the geopolitical balance in the Levant.

That is where realism enters the equation. China and Russia are partners of Iran. Iran is the Assad’s regime’s closest ally. Under Assad Syria has facilitated the extension of Iranian influence in Lebanon and Gaza by providing land routes for the provision of Iranian weapons, money and advisors to Hezbollah and Hamas. Should the minority Allawite Assad regime fall to a Sunni-majority coalition, then Iran will likely see its influence curtailed significantly, which in turn places Hamas and Hezbollah at greater risk from their enemies (Israel in particular). Moreover, Russia has a military base in Syria and has long been a strong military ally of the Assads. Taken together with Chinese and Russian diplomatic and commercial ties to Tehran, the Assad regime’s forced demise could spell trouble. It will remove a source of Russian influence in the MIddle East. Amid all the sabre-rattling about Iran’s nuclear weapons program, it will leave Iran feeling more vulnerable, at least in its own eyes, to Western machinations and internal subversion at home. This not only increases the risk of war but diminishes China and Russia’s ability to act as negotiators between Tehran and the West. Thus the fall of Assad means a diminution of their respective influence in that part of the world.

Thus, by standing on principle (non-intervention in sovereign states), Moscow and Beijing are protecting their geopolitical interests, and their relationship with Iran in particular. It may seem callous for them to do so in what increasingly looks like a civil war between the Assad regime and its people, but it is also in their short-term interest to do so. By holding their UNSC veto power, they can exercise leverage in pursuit of a more favorable accommodation that, if it does not allow Assad to remain in power, does protect their respective spheres of influence in the Middle East.

That is what is behind the double veto. In the absence of universal values and standards in the global community (due to the so-called anarchic state of nature that all realists perceive as the founding principle of international relations), the matter boils down to national interest and the exercise of power in pursuit of it. As such, Russia and China are just doing what they have to do to ensure an outcome more favorable to their respective interests, and by that logic humanitarian appeals and the invocation of the R2P simply have no place as either genuine concerns or as ruses designed to camouflage external meddling in Syrian affairs.

Sad but true.

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A question of citizenship.

I am a US citizen permanent resident in NZ. I got here on  a normal (i.e. not a business or student) visa after going through a “good character” check and because there was an employer vouching for me. I am now beginning the process of taking out NZ citizenship and am amazed by the level of detail and bureaucratic hurdles I need to go through to get it after living in NZ for nearly 15 years (things like the names and last addresses of my long deceased parents and name and address of my long-divorced American ex-wife are just the start). The process is said to take 6-12 months and I need to surrender my US passport during that time. I guess that is a good thing as it verifies my bonafides.

I say this because I have read reports that Mr. Kim Dotcom, the Jabba the Hut of the internet world according to the US government, purportedly has a NZ passport. He also apparently has a Hong Kong passport as well as that of his birth country Germany. These are said to be legitimate, not fraudulent passports.

My understanding is that you have to be a NZ citizen to hold a NZ passport, and that applies even though one may have entered the country in the investor plus scheme by buying 10 million dollars of NZ government bonds. This makes me curious because Mr. Dotcom arrived in NZ in 2010, which means he was granted citizenship very quickly (as a contrast, a friend of mine of British birth lived in NZ for 30 years, married a Kiwi, served in various official roles including as a JP, and it still took him a year to get his NZ citizenship even though he has never been arrested anywhere and had several NZ people of import vouching for his good character). I am thus curious as to how, with his prior convictions and assorted other odd baggage, Mr. Dotcom managed to get a NZ passport so quickly, especially if there are residency and character requirements involved in acquiring citizenship and he is not claiming refugee status. I also wonder if he surrendered his foreign passports during the time his application was being processed because I have read that he traveled extensively after his arrival in NZ.

I also understand that in order to be an MP one has to be a citizen. I remember some minor scandals a few years back surrounding MPs who turned out to be non-citizens, something that forced their resignations. That also makes me curious because there is a new list National MP who may or may not be a NZ citizen as far as I know. He is a decent chap for a Righty and certainly will improve the intellectual calibre of the NAT backbenches, so good on him for making a go of it. But I am not sure that he is a citizen even though he arrived in NZ about a decade ago. I could be wrong and certainly harbor him no malice, but wonder if all the ticks were checked off on his citizenship prior to the election.

More generally, I am just curious about the flexibility of NZ citizenship laws and the process of granting citizenship because I too hope to join the NZ citizen ranks in the near future. Since I do not have 10 million bucks and am not the darling of any political party, can I instead run for local office with my PR status? I already own property, pay taxes, married a Kiwi etc., so if my citizenship application is rejected (presumably on “good character” grounds), can I still make a nuisance of myself at the local political level?

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A Culture of Impunity?

During the dark years of dictatorship in South America in the 1970s and 1980s, there emerged a phrase to capture the attitude of the elites who benefitted from such rule: the culture of impunity. It referred not only to the attitude of the uniformed tyrants who ran the regimes, but more to that of the civilian elites who gave them social and economic support, and who benefitted lavishly thanks to the repression and restrictive laws on basic rights of association, dissent and movement. These civilian elites literally lived above the law, since they could, if not be directly protected by the regime’s thugs, be immune from prosecution or liability for crimes and other transgressions they committed simply because of who they were. Murders, rapes, abuse of servants, violent attacks on members of the public–all of these type of behavior were excused, ignored or bought off rather than be held legally accountable (I do not mention justice simply because it is impossible to have real justice under dictatorial conditions). Although there was variation in the attitude of some elites and cross-country differences appeared as well, the bottom line is that during the authoritarian period in South America a culture of impunity developed that was one of the salient social characteristics of the regimes in question.

With that in mind I ask readers if such a culture of impunity exists in NZ. I ask because it strikes me that although diluted and less repressive in genesis, there appears to be an attitude of impunity in the political and economic elite. They can buy silence and name suppression when they misbehave; with a wink and a nod they accommodate employment for their friends and provide sinecures for each other (think of various Boards); they consider themselves better informed, in the know, more worldly and therefore unaccountable to the popular masses when it comes to making policy (think of the use of parliamentary urgency to ram through contentious legislation and the NZDF command lies about what the SAS is actually doing in Afghanistan); they award themselves extraordinary powers in some  times of crisis (Christchurch) while absolving themselves of  responsibility in others (Rena). They use the Police for their own purposes (Teapot Tapes and Occupy evictions, the latter happening not because of public consensus but done by summary executive fiat). More generally, think of the lack of transparency in how government decisions are made and the duplicity of elite statements about economic issues (say, the price of wage goods) and political matters (e.g., recent internal security legislation). Coupled with equally opaque decision-making in NZ’s largest publicly-traded firms, or the cozy overlap between sectors of the judiciary and other elites, the list of traded favors and protections is long.

None of this would matter if NZ was run by Commodore Bainimarama. It would just be another Pacific island state ruled by a despot and his pals. But as a liberal parliamentary democracy NZ regularly scores highly on Freedom House and Transparency International indexes, to the point that it is often mentioned at the least corrupt country on earth (which is laughable on the face of things and which raises questions about the methodologies involved in such surveys). To be sure, in NZ traffic cops do not take cash bribes and judges do not have prostitutes procured for them by QCs representing defendants, but corruption does not have to be blatant and vulgar to be pervasive. And in the measure that elite sophistication in accommodating fellow elites outside of the universal standards applicable to everyone else is accepted as routine and commonplace, then a culture of impunity exists as well.

My experience in NZ academia, two respectable volunteer organizations and in dealing with national and local government officials suggests to me that such a culture of impunity does exist. It may not be that of Pinochet, Videla, Stroessner, Banzer or Geisel, but it seems pervasive. It appears to have gotten worse since I arrived in 1997, which may or may not be the fault of market-driven social logics and the “greed is good” mentality that has captured the imaginations of financiers, developers and other business  magnates (or it could just be a product of a long-established tradition of bullying, which has now spilled over into elite attitudes towards the country as a whole).

Mind you, this does not make NZ a bad place. It simply means that there is an encroaching, subversive authoritarian sub-culture at play amongst the NZ political and economic elite that undermines the purported egalitarianism and equality on which the country is ostensibly founded (I am sure there are sectors of Maoridom who will take reasoned exception to that claim). And if so, has the corrosive culture seeped into the body politic at large so that almost anyone is a relative position of power vis a vis others thinks that s/he can get away with behavior otherwise contrary to normal standards of decency and responsibility?

Does NZ has a culture of impunity?