Category Archives: Authoritarianism

Why a putsch is not a revolution.

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Some definitional clarification is in order when viewing events in Egypt. A coup is the overthrow of a regime by the military. A putsch is the involuntary removal of government leaders within an extant regime. Neither is a revolution, even if occurring within the context of mass protest. Thus what has occurred (so far) in Egypt is neither revolutionary or a coup. It is a putsch carried out within a context of social unrest and mass mobilisation. It is a forced internal reconfiguration of the military-dominated regime that has been in power one way or another for over thirty years, and it has been carried out precisely to maintain the regime in the face of popular protests that centred on Hosni Mubarak but which do not challenge the military’s primacy in Egyptian politics.

The removal of an individual in a military putsch is NOT a democratic revolution, even if the masses rejoice. It is an internal transfer of power that may or may not lead to regime liberalization, which itself does not imply a genuine move towards democracy. It will be interesting to see if internal reconfiguration of the Egyptian regime leads to significant reform over the long term. Foreign pressure will not play a decisive role in the military calculations on whether to reform, retrench or repress. That will be a function of inter-elite bargaining and the organisational strength and practical demands of the opposition. But one thing is sure: due to issues of corporate self-interest and professional autonomy, the Egyptian military has no interest in exercising long-term control over the governmental apparatus. Instead, its interest lies in overseeing the conditions leading to the September 2011 elections, with the primary objective being maintenance of social stability, resumed economic growth and geopolitical continuity no matter who wins the presidency and parliamentary majority.

That is the bottom line of the Egyptian “transition.”

Political rights and economic rights.

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Recent discussions have reminded me of the relationship between economic and political rights, and the varying interpretations of it. For orthodox Marxists economic rights supersede political rights for two reasons: 1) without an equitable material distribution of resources political rights mean nothing; and 2) with an equitable material distribution of resources there is no need for political rights.  In this view “politics” is either a status quo instrument of domination that conforms the masses to the requirements of production in a system dominated by private interests, or is a means of revolutionary challenge to that status quo. In neither case is it an end of itself. Subsequent Leninist, Stalinist and Maoist interpretations all concur with this view.

Socialists see economic rights as taking precedence over but not superseding political rights. Here the view is that economic rights are more important than political rights but the latter are needed to ensure the just distribution of material resources in a society. Even if imposed by dictatorial fiat, the maintenance of economic rights requires popular participation in the decision-making process surrounding the collective allocation of resources. That is a matter of political rights.

Social democrats see political rights preceeding economic rights. Here the priority is on gaining political rights first in order to subsequently secure economic rights to the material benefits of production. Since they see political rights as a universal good, they recognise the rights of non-socialists in the political arena, which means operating from a position of structurally-conditioned disadvantage within capitalist societies. The emphasis thus shifts from control of production to redistrubution of surpluses (via taxation and state involvement in the social relations of production, mostly).

The Right has its own interpretations of the relationship. Libertarians place the emphasis on political rights (e.g. the right to do as they please so long as it harms no other) and, in the most extreme version, do not believe in economic “rights.”  Beyond that, the Right gets a bit fuzzy. Some free-marketeers assume the precedence of economic rights over political rights, so long as the rights conferred are market-driven in  nature (i.e., the “right” to make a buck without government interference). Other conservatives see political rights trumping economic rights (e.g. “no taxation without representation” or the right to mandate morality on a collective scale). The Right notion of economic rights differs from the Left notion, as it is not about material redistribution but about unfettered access to and freedom within an economic system controlled by private interests. Likewise, the Right view of political rights is more about freedom of choice and expression rather than about vehicles of collective redress and representation.

Showing my colours, I subscribe to the view that political rights are required for economic rights to obtain. The formation of unions, the extension of suffrage, the recognition of indigenous claims, the redress of past injustices, the acceptance of  universal “human” rights and the very ability to speak truth to power and challenge the status quo or elements of it all hinge on the prior granting of legal authority, or at least recognition, to do so. That is a political act, and legal recognition is the certification of political rights. That makes the move to secure political rights the precondition for the eventual recognition of other rights, to include those of an economic nature.

This is the hidden factor in transitions from authoritarian rule. The transition is most fundamentally marked by the extension of political rights to previously excluded groups, who in turn use the opportunity to agitate for previously unobtainable economic rights. The more the extension of political rights is achieved by force and economic rights redefined as a result, the more revolutionary the character of the regime change. The more negotiated the extension of political and economic rights, the more reformist the change will be.

This is just a broad sketch and not meant to be a definitive pronouncement. Readers are welcome to add their own intepretations as they see fit (within the bounds of civility, of course).

Hard-liners and soft-liners in the construction of post-authoritarian regimes.

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Recent discussions here at KP have revealed some misunderstandings of what constitutes a “revolution” and what the prospects for democracy are after an authoritarian regime collapse or withdrawal. Specifically, there appears to be some confusion in the minds of some readers as to the difference between revolutions and revolts, uprisings, coups d’etat and other forms of regime change. Most worrisome, there appears to be a belief, apparently shared by many in the Western Press, that revolutions are intrinsically good things and lead to democracy. Although I have tried to dispel some of these notions in the commentary about other posts, let me address the issue directly and explain some dynamics of regime change that impact on the direction of said change and the prospects of democracy after the collapse or withdrawal of an authoritarian regime.

First of all, let it be clear: Revolutions are not just a transfer of political power. They are a form of mass collective violence mobilized against a political regime and its repressive apparatus that results in the overthrow of that regime and  its replacement with a new political, social and economic order. Second, no revolution in the 20th century led to democracy as a direct result. Ever. What revolutions do is replace one authoritarian regime with another. This is due in part to the fact that what it takes to be a successful revolutionary leader is ruthless determination, ideological zealotry, supreme organizational, strategic and tactical skills in both the armed and propaganda fields, and an unwillingness to compromise in pursuit of victory. That is not the stuff that genuine democrats are made of. In fact, the very traits that make for good democratic leadership are anathema to revolutionary leaders. Hence, if one has a preferential bias in favour of democracy, then revolutions are not the best way to achieve it. If one is less interested in democratic outcomes and more interested in imposing a preferred social construct, then revolutions are the best way to achieve that end.

The other major reason why revolutions lead to authoritarian outcomes is because the defeated authoritarian regime has allies and supporters inside and outside the country that will continue to attempt to block revolutionary reforms after the change in power. These counter-revolutionary forces include former opposition factions that do not share the militant revolutionary goals even though they participated in a tactical alliance with hard-liners against the ancien regime. Confronted by a more radical agenda for change than they anticipated or are prepared to accept, such moderate opposition factions tend to switch sides and propose a moderate counter-revolutionary platform that only serves to strengthen the resolve of the revolutionary hard-liners.

Needless to say, for a revolution to be successful the opposition must be organised and have mass support, while the old regime must suffer decisive internal fractures, especially within its security forces and in the relationship between the repressive apparatuses and the regime elite. So long as there is ideological unity and corporate discipline within the armed forces and other security agencies and the regime elite retain the loyalty of those specialised in the management of organised violence, then no amount of external pressure will topple it. This is true even if some regime leaders are sacrificed to appease public discontent and cooptive reforms or concessions are offered to mollify specific grievances and induce opposition acceptance of the “new” regime (which itself is a divide-and-conquer tactic used on the opposition that allows to the regime to more clearly target intransigent factions within the former). As part of this, a leadership coup or putsch may occur in which despised individuals are replaced by more nondescript or less tainted people who are nevertheless committed members of the ruling elite.

Thus, revolutions are neither always progressive or democratic, as the Iranian Revolution demonstrates. For those interested in seeing a democratic outcome to situations of authoritarian regime crisis amid popular unrest, there is actually a baseline formula that needs to obtain, and it falls far short of revolution. Let me explain.

Authoritarian regimes and their oppositions can be broadly divided into hard-line and soft-line (militant  and moderate) factions. Hard-liners in the regime are usually the political leadership and those directly engaged in acts of repression during its tenure (which can extend down to street level police, paramilitary thugs, intelligence agents and, if complicit, elements of the military itself). Soft-line elements of the authoritarian regime are those who benefited from it but who did not have visible decision-making roles and those uninvolved in repression, as well as the minority few who genuinely worked from the inside to promote reform.

Hard-liners in the opposition are ideological militants and those who suffered directly at the hands of the authoritarian regime. Their suffering can be physical or economic and their numbers depend on how repressive and criminal the regime was in its dealings with political opponents and non-allied economic and social agents. For the hard-line opposition, the thirst is for revenge, not reconciliation. On the other hand, soft-liners in the opposition are all those who, while having a dislike for the authoritarian elite, did not suffer directly at its hands. For them, the issue is not so much revenge as it is change.

The formula for a democratic transition stemming from authoritarian collapse or withdrawal is simple. If hard-liners dominate both the authoritarian elite and the opposition, the prospects for a democratic outcome are negligible and civil war is probable. If hard-liners dominate the regime and soft-liners dominate the opposition, then regime continuity with minor reforms is the likely outcome. If soft-liners dominate the regime and hard-liners dominate the opposition, the reforms will be more significant but regime continuity will most likely occur simply because of the fear of retribution amongst the regime elite and its supporters when confronted with a hard-line opposition victory.

The only situation is which a transition to democracy is a potential outcome is one where soft-liners dominate in both the regime and opposition. The trouble for these actors is that they must fend off and eventually subordinate their hard-line counterparts while at the same time negotiating the terms and conditions for a transfer of power to openly elected authority. That is a very delicate matter that involves, among other things, an “ethical compromise” whereby both sides agree not to prosecute most of those responsible for state atrocities or insurrectionary violence (in other words, although some notorious figures may be offered up as sacrificial lambs by both sides, the bulk of those involved in human rights abuses and non-state terrorism will walk free). The examples of the Southern Cone of Latin America, Central America and South Africa are illustrative in this regard. If anything, prosecution of human rights violators must wait until the new regime is more or less consolidated in its institutional structure and in the transparent application of universal law. That can take decades.

Hard-liners on both sides will see the soft-liner negotiations for what they are and move to denounce them as sell-outs and lackeys. The more secret the negotiations between the soft-liners on each side the more the minority hard-liners will resort to obstructionist and provocative tactics to thwart any agreement. This can involve internecine as well as partisan bloodshed. The more the hard-liners can thwart soft-liner agreement, the less likely it will be that a peaceful transition of power to a democratically-elected authority will occur.

The strategic position of the country in question will impact on the influence of external actors. In strategically inconsequential countries, external actors will be less inclined to involve themselves in domestic crises and will prefer to observe an internal resolution so long as it does not impact on their national or material interests. Conversely, in countries that have strategic import or geopolitical significance, the more likely it is that external actors, acting individually or in consort, will involve themselves in efforts to shape the outcome. For them, expending diplomatic capital is necessary because of the stakes involved, especially when a transition outcome could have deleterious repercussive effects on regional or international stability.

And that, in sum, is why democratic outcomes of popular revolts against authoritarian regimes are less probable than many hope for. Besides the non-democratic outcome of genuine revolutions involving the overthrow of an authoritarian elite, the dynamics of regime extrication and replacement are such that the more likely outcome of a transition short of revolutionary overthrow is authoritarian regime restoration under different guise, limited democratisation with ongoing authoritarian elite veto power, authoritarian reaffirmation or high-or low-level civil war.

Best to keep that in mind when observing recent events in the Middle East.

Expecting too much from the Tunisian crisis.

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The lack of understanding of what the Tunisian political crisis represents has been alarmingly evident in the media coverage of it. Journalists have said such inanities as “until a couple of days ago Tunisia was a beacon of stability in the region…” and raised the possibility of a so-called ripple effect spreading from Tunis to other North African states. They have called the popular uprising against the ousted president Ben Ali the “Jasmine Revolution,” thereby demonstrating their profound ignorance of what a revolution really is. The truth is that Tunesia was a small powder keg waiting to blow but no one wanted to state the obvious about it, and when it did blow the reaction has been to over-estimate its magnitude and repercussive effects. 

Let me dispel some of these misrepresentations. First, the uprising in Tunisia is not a revolution. A revolution is an overthrow of the state by a mass-based, ideologically-driven and collectively organised armed resistance movement that results in parametric change in the political, economic and social institutions governing society. In Tunisia what occurred was sometimes violent popular demonstrations against an unpopular and corrupt long-serving despot which precipitated an inter-elite crisis that resulted in the exile of Mr. Ben Ali, his family and close allies. The regime did not fall, the military has re-gained control of the streets and the protests have not coalesced into an organised, focused, counter-hegemonic opposition that poses itself as an alternate sovereign and has the capacity to engage in a war of maneuver against the repressive apparatuses of the state. All the demonstrations and protests have done is allow the Tunisian regime the opportunity to reform-monger in order to placate popular discontent while shifting the focus of blame on the disgraced former president. The “opposition,” such as it is, has no plan for taking control of the reigns of state, has no program for governing, and is in fact mostly made up of jobless youth aimlessly venting their rage at symbols of power rather than constructively organising am effective counter to it. Given those facts it is naively optimistic to expect that the crisis will result in major change of a democratic sort. It may be the impetus for a political opening, but it is no guarantee of it.

As for the “ripple effect” of the purported “Jasmine Revolution.” Undoubtedly the Arab street has taken notice of the Tunisian crisis and oppositions in places like Egypt, Algeria, Jordan, Morocco and Libya have been encouraged by the events in Tunis. But the elites in these countries have also taken notice and have no doubt shared information with each other on the nature and threat posed by their respective domestic oppositions. Largely disorganised and ideologically heterogeneous, Arab oppositions also often have overt Islamicist tendencies in incipient leadership positions (and in some cases, like Algeria, an active Islamicist armed resistance tied to al-Qaeda), something that will prompt Western backing for the political status quo in these countries even if they go about re-shuffling their own leadership cadres as a result of the warning provided by the Tunisian crisis. Where these oppositions do have an organisational core, it is more often than not undemocratic in nature and, in the case of Islamicists, explicitly opposed to democracy and supportive of a return to theocratic rule (in states that by and large have worked hard to promote a measure of institutional secularism that coexists with religious hierarchies operating in parallel spheres of influence).

Then there is the lesson of other so-called “colour revolutions” such as the Orange Revolution in the Ukraine, Rose Revolution in Georgia and Tulip Revolution in Kyrygyzstan. These have resulted not in democracy in these states but in the emergence of electoral authoritarian regimes that, if better than the former Soviet republics that they replaced and certainly more pre-Western in nature,  do not come close to offering the full measure of voice, representation, transparency and accountability that their adherents so fervently hoped for during the heady days of street protests that ushered in regime change in each.

Thus a sober assessment of the Tunisian crisis should see it for what it is: a wake up call to the Tunisian and other Arab political elites that ignoring simmering popular discontent and failure to engage in macroeconomic and socio-political reforms will ultimately cause tensions to boil over, and such popular boil-overs pose the risk of regime change if well-organised and supported in the face of regime paralysis. It also means that just because a regime is pro-Western does not mean that a blind eye should be cast on its excesses and exclusions, if for no other reason than doing so will encourage the type of leadership behaviour that gives ideological ammunition to extremists who otherwise would not gain the support of the majority.

For Arab oppositions, the lessons are also clear. “Spontaneous” revolts may garner media attention, but nothing substitutes for ideological consistency, collective organisation and the cultivation of mass appeal in preparation for the moment when what Rosa Luxemburg called the “mass strike” is to be launched. And that, of course, is exactly what the Arab political elites are already keenly focused on preventing with the aid and assistance of their Western counterparts, all under the guise of the so-called “war on terrorism.” Even so, the intelligence failures, particularly by the French and the US, to even remotely predict the unrest in Tunisia speaks volumes about Western lack of understanding of the real dynamics on the ground in North Africa. I mean, how hard is it to assess that a long-lived, openly despotic kleptocracy with repressive contempt for its own citizens would engender popular resentment against it, especially with unemployment levels running at 15 percent of the adult population and more than 20 percent for males under the age of 30? Or does being “pro-Western” absolve such regimes of all sins? Is this what passes for “stability” in the myopic eyes of the Western press and diplomatic corps, or is the mere lack of an organised opposition that gives such regimes a mantle of legitimacy they neither deserve or have in practice? In other words, does the absence of a viable opposition by default grant authoritarian regimes legitimacy (at least in the eyes of the West if not their own people)?

This is not to say that all opposition is futile. To the contrary. But incipient democracy movements in these countries need to refine their message into a clear ideological counter to the status quo, seek to establish broad based constituencies based upon coherent platforms for policy reform, and look to each other as well as viable interlocutors in the West so as to jointly press for substantive reform of their respective political systems while deflecting accusations of ideological extremism and inflexible militancy. Until they do so they will be seen as a rabble rousing mob rather than as a viable political alternative.

That is why the Tunisian crisis, while significant for both its domestic and regional implications, is more of a false hope than a first step in the democratisation of North Africa. For the latter to happen both elite and popular attitudes towards governance will need to change, and nothing in the character of regional oppositions or the tone of their approach to organised resistance, to say nothing of government responses to popular discontent, indicates that is about to happen anytime soon regardless of the immediate impact of the winter of Tunisian discontent.

Bloody liability

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Sarah Palin, as has been clear for some years now, has an unmatched talent for drawing the spotlight. A week after the infamous ‘blood libel‘ video she’s still at it today, pouring more fuel on a fire which should never have been started. ‘Blood libel’ and the American Right’s shrieking, paranoid victim complex are now a bigger story than the (attempted) murder of Congresswoman Gabrielle Giffords and others at a political rally outside a suburban supermarket. That takes an awful lot of doing.

But she simply doesn’t know when to shut up. Let me be clear: I’m by no means saying that she must shut up, or even that I want her to shut up; nor am I attempting to curtail her First Amendment rights or impinge upon her cherished liberty — let there be no persecution fantasies regarding the humble analysis which is to follow. Palin’s conduct is a matter of political strategy for her PAC, the wider Tea Party movement and ultimately the Republican party. If they want to keep pursuing a strategy which, politically, is a hiding to nothing, then far be it from me to stand in their way. But I am arguing, as are plenty of Republican-oriented strategists, including former Bush advisor David Frum — that as a matter of strategy she should just shut the hell up and resume her place on the fringes of this topic, because there’s nothing to be gained and an awful lot to be lost by continuing to fan these flames. Frum is hardly a bleeding-heart liberal; he invented the ‘Axis of Evil’. He is also Jewish, as is Rep Giffords, so one assumes the misuse of ‘blood libel’ by a renegade WASP like Palin has special salience to him.

Let me also say that Palin and the Tea Party had some right to be angry at the invective levelled at them and their movement in the immediate aftermath of the Tucson shooting. I generally agree with Pablo’s previous points, that Palin and the Tea Party must bear some responsibility for the climate of discourse they have created; but I’d also say that they have not created such a climate on their own. While disproportionately on the elephant side, warlike imagery and symbols of political violence are a commonplace in both camps of US politics. Influential US liberal commentators, notably Keith Olbermann, jumped all too gleefully upon the chance to all but blame Palin (and Beck, etc) for pulling the trigger, although at best there is only a tenuous link between Jared Lee Loughner’s anti-government sentiments and the Tea Party. (Although it is often overlooked that Olbermann’s rant also called strongly upon the American left to repudiate (not refudiate) violence in word and deed). The extent of the speculation and the attempts to pin the murders on Palin and the Tea Party before the dust had settled were unmerited and, as I say, the objects of these accusations were justified in a certain amount of self-righteous indignation.

But one of the defining characteristics of the Tea Party, and of libertarian-oriented small-government revivalist movements in general, is their utter lack of perspective, and Palin simply went too far. These are people who genuinely believe taxation to be armed robbery, after all. So, like the white supremacist who blames all misfortune on immigrants; like the misogynist who bemoans the PC feminazi dykocracy; or the wealthy white elderly Sensible Sentencing Trust supporters who believe themselves to be the most vulnerable victims of crime, when, objectively, the reverse is true — the Tea Partiers and Palin simply can’t see past their own trivial victimisation to the actual and genuine victims of the Arizona tragedy, those who are dead, wounded or bereaved. IrishBill, writing at The Standard recently referred to these sorts as Right Whingers, and the persecution narrative is a feature of modern backlash movements: when elites come under such threat that they feel as if they no longer command the fields of cultural battle, they claim to have been victimised. And they go on and on about it. “Help, help, we’re being repressed!”

Nobody likes a whinger or someone who talks a big game but can’t play, especially in US politics. One of the Republican party’s strongest symbolic assets through the latter 20th century has been the sense that it’s a party of rugged individuals with the thousand-yard gaze of their pioneer forebears, while the Democrats are a bunch of preppy sissies with excuses always at the ready. To an extent there’s been some truth to this narrative, but the “all hat and no cattle” label attached to Bush did his party’s political fortunes considerable harm, and Palin has already weakened her own pioneer and Mama Grizzly credentials immeasurably with the now-infamous ‘hunting’ episode of Sarah Palin’s Alaska. In it, despite her claim to being a life-long hunter, she appears unfamiliar with her rifle (“does it kick?”), is unable to chamber her own rounds (daddy does it for her); and takes five shots to hit a large animal standing on a skyline 120 yards away (and then there’s the estimate that a hunting trip in her home state cost $42,000 — not very pioneerish, that).

Likewise, the emergence of the Tea Party and its rather more extreme rhetoric has seen the erosion of the traditional, conservative pioneer narrative in favour of a more excitable tone — perhaps a shift from ‘pioneer’ to ‘revolutionary’ would be the metaphorical change. This shift in itself is not a weakness, except when its less favourable characteristics come to the fore, and it is these aspects of the Tea Party movement which the Democrats and other liberals have been emphasising: its crazed extremes and frightening rhetoric; the cultish, heightened emotionality of leaders like Glenn Beck, which verges on the religious; its lack of concern with details like grammar, factual accuracy and proportion; its brittleness and temporary, ad-hoc nature as opposed to the reliable stability of the Grand Old Party.

By resort to the strident ‘blood libel’ line, Palin has fallen into the trap of confirming — and defending — key aspects of the liberal narrative about her and by extension about her movement: she lacks any sense of perspective or proportion, public decorum or decency or compassion; she is an attention-seeker with a persecution complex who thinks it’s always all about her; she doesn’t know what the terms she uses actually mean; that they’re desperate cranks rather than serious statespeople; and most seriously, that she can dish it out but not take it. This last will be the master narrative going into the 2012 Presidential election, in the increasingly unlikely event that Palin is the nominee, and Democrats and liberals the world over relish the prospect of a proven big-game player like Obama against a scattergun show-pony like Palin.

The decision to release and then defend the ‘blood libel’ video is a double tragedy for the Republican party, who took a strong lead in the November mid-terms, and have now missed the best opportunity in a decade to consolidate that lead by looking like the calm, sober, conservative adults they claim to be and to represent. Palin’s decline may be better for them in the long term; many commentators are now confirmed in the belief they held before the mid-terms that she had outlasted her usefulness as an energising agent, and is now simply a liability, a distraction from the serious business of government to which the GOP must now turn its attention.

L

Justice delayed, now denied.

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Rather than ring out the old year and ring in the new year with the usual inane rubbish about new beginnings and fresh starts, annual lists, countdowns etc., how about we use the occasion for a reality check, in this case a reality check on the state of the NZ judiciary using one very important case.

On October 15, 2007 a number of individuals were arrested on a variety of charges, including planning terrorist attacks. Others were arrested later, and collectively they have come to be known as the Urewera 18. On May 30, 2011, three and half years after they were arrested, the majority of these defendants will finally go to trial (three defendants will be tried separately).  Not only is the delay largely a result of the Police and Crown trying to introduce new charges after the fact and argue for the admissibility of evidence obtained under the Terrorism Suppression Act that was ultimately not invoked against the accused. Now, in a decision which has had its reasoning suppressed by the court, the Urewera 15 have been ordered to have a trial by judge. You read correctly: not only have they been denied  the right to a prompt trial but are now denied a jury of their peers. To that can be added holding the trial in Auckland when most of the defendants live elsewhere and their purported crimes were committed outside of Auckland.

Between the delays, venue and judge-only trial, the Crown and judiciary is engaging in a blood-letting exercise designed to drain the defendants materially and emotionally long before they enter the courtroom on May 30. Arguing under section 12 that the case is too complex, with too many defendants, with too many side-issues and matters of procedure to be considered adequately by a panel of laymen and women is an insult to the NZ public as well as a thinly veiled attempt at juridically saving face in a case that was over-ambitious, politically-motivated and legally flawed from inception.

This is further evidence of the ingrained authoritarianism and lack of accountability rampant in the judicial system. Judges act as if they are above the laws they are supposed to uphold. The Crown vindictively prosecutes cases without regard to their merits or costs because political interests are at play (remember that the NZ wikileaks cables show NZ government officials telling the US embassy in Wellington that theZaoui case was not winnable–then saw the Crown go ahead for another two years arguing for Zaoui’s incarceration or expulsion until the SIS finally dropped the pretext that he was a threat to national security). Elites are given name suppression for the flimsiest of reasons and judges protect their own when these transgress. This is exactly the sort of judicial attitude in dictatorships.

And yet, it is the attitude in NZ as well. Meanwhile, not a single mainstream media outlet has raised the subject of the long delayed and now jury-denied Urewera trial since the decision on the latter was announced in early December. Not a single right-wing blog has raised the obvious civil liberties and rule of law implications of the case. The Left commentariat has been largely silent as well, with the notable exceptions of Idiot Savant and Russell Brown.

Why is this? Is this silence a result of the fact that the accused are an ideological minority that are easy to scapegoat and persecute? If so, that is exactly the reason why the full spectrum of democratic commentators should be protesting the case: in a democracy it is not mainstream, “normal,” “nice guys” who deserve the most legal protection and rights of redress. It is the ideologically suspect, reprehensible, marginalised, ostracized or otherwise outcast who deserve the full protections of law precisely because they are at the mercy of the majority–a majority that is often ill-informed or manipulated by authorities when it comes to evaluating the merits of any given case against anti-status quo political activists. The majority may rule, but free, fair and impartial trials are the minority’s best bulwark against its tyranny.

That is another reason why a jury trial is deserved by the Urewera 15. A  jury, selected from the public mainstream, can listen to and observe the prosecution evidence and the defense against it in detail, first hand, then deliberate on the merits of each. That ensures that no judicial bias or hidden quid pro quos enter into the process. As things stand, the judge who hears the trial is vulnerable to such accusations, which is more the reason to bring an impartial jury into the process.

I am not entirely sympathetic to the causes being espoused by the Urewera 18. I do believe in their right to act militantly in defense of them subject to the penalties of  law should they act in ways that contravene criminal standards (as hard as it is to say, I extend this belief in the right to militant activism to neo-Nazis and skinheads as well so long as no harm to others results from it). Here I disagree with some distinguished Left commentators, who have seen something sinister in their activities and who believe that the political motivations of the defendants makes the case “special.”

I have already written at length on why politically-motivated crimes should not be treated as a special category so will not belabour it here. But I am sure that those who see sinister intent in the Urewera 18  will agree that the way this prosecution has gone is wrong on several levels. Even if the Urewera defendants are in fact complicit in something more than activist fantasy-ism and role-play, they deserve to be treated fairly according to the rule of law consistent with the foundational principles of a free society. Yet they have not, and nary a peep has been heard about that from those who should know better and who ostensibly are champions of the democratic ethos.

This attitude is shameful and should be repudiated by all fair minded people regardless of ideological persuasion.  The trial-by-judge decision must be appealed as a denial of due process and publicly repudiated by those who believe in the democratic ideal.

How’s that for some New Year’s resolutions?

Playing us for suckers.

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John Key has announced that changes to the SIS enabling laws that will expand its powers of surveillance of cell phones and computers as well as its use of electronic tracking devices will be pushed through parliament before the Rugby World Cup. He claims it is necessary to do so because “many world leaders” will be visiting during the RWC and appropriate security measures must be in place that require changes to the 41 year old SIS charter. The Privacy Commission advised for a three year review of the pertinent laws but was ignored.

This is the second time that Mr. Key has used the RWC to justify a modification of a security measure, the first being the withdrawal of the NZSAS from Afghanistan in 2011 because they are needed for duty at the RWC. Just as it is ludicrous to believe that NZ’s most elite troops would be used as guards or stand-bys for a sporting event held in Aotearoa, it is also an insult to the NZ public intelligence to claim that the RWC is the reason for the law changes that expand the SIS powers of search and surveillance.

The changes are actually just another continuation of the steady expansion of the NZ security apparatus over the last ten years. It runs in parallel with the proposed Search and Surveillance Bill, which gives wiretapping and eavesdropping authority to a range of local and national agencies that have nothing to do with security. Each year the SIS budget increases, as does its personnel. Police intelligence has also increased in numbers and seen its role expanded. The question is, first, what threats exist now that require such an expansion of the coercive powers of the State?  Are these threats of such a magnitude that basic civil liberties must be curtailed in the purported interest of national security? If so, why are they not publicly identified and enumerated so as to raise public awareness of them? If not, why, in an age of public bureaucracy down-sizing and privatisation, is the repressive apparatus growing, especially in its internal dimension?

Truth be told, all claims about terrorists notwithstanding, from where I sit there appears to be very little in the way of new, imminent and developed threats that constitute a clear and present danger to NZ national security so as to justify the continued expansion of the repressive apparatus at the expense of civil liberties.

We will never hear an answer to the questions I have just posed because John Key says that “it is not in the public interest” for hearings on the proposed changes be open to scrutiny. Instead, submissions on the proposed changes will be open to the public but the hearings on them held in private because–you guessed it–it was “not in the interests of national security” for the hearings to be heard openly. In sum: for John Key, the public logic is that for the sake of a one-off athletic event that is limited to a handful of former rugby-playing Commonwealth countries and some joiners (unlike more universal competitions like the World Cup, the Olympics or Commonwealth Games), the entire fabric of (mostly domestic) intelligence-gathering must be expanded and domestic liberties further curtailed.

One wonders what National’s  private logic is.

What are Mr. Key and his pipe dream team smoking that he can bald-faced say such utter nonsense and expect the NZ to be so gullible as to believe him? Or is the NZ public that stupid that it will believe that these proposed law changes are needed to protect visiting world leaders at the RWC and are so sensitive that their merits cannot be debated openly? Does he think that Kiwis do not care about legislation that curtails their basic rights, or that they believe that it is best to allow the government to just push through tougher ‘anti-crime” laws without public debate?

It could well be the case that the proposed changes are due to the fact that advances in telecommunications have allowed criminal and extremist groups to transfer funds and send instructions more easily and securely in and out of NZ. It could well be that criminal and extremists groups are scheming and plotting in NZ, and the proposed law changes will allow the SIS to better counter them. But that should be publicly explained and justified, not considered privately within the confines of the Parliamentary Security and Intelligence Committee, which is comprised of a grand total of 5 people and in which the government has the majority.

The bottom line is that the proposed legislation has nothing to do with the RWC and all to do with an ongoing expansion of the State’s powers of coercion at a time when its ideological apparatuses are increasingly failing to reproduce mass consent to the elite’s preferred ideological project. Having supported the equation of dissent with terrorism while in Opposition during the 5th Labour government, National is keen to ramrod more encroachments on basic rights in pursuit of the challenged elite project. Having eroded the right to organise and collectively defend worker’s interests while opening up the country to a variety of investors, yet having its hopes for asset sales to foreigners  and de-regulated mining on public lands thwarted by public resistance, National has turned to the old canard of “security” to dupe the public into giving up more rights to the State.

Raising the spectre of security threats provides a convenient cloak for the assertion of State powers of control and punishment on all those who challenge it, criminal or benign. That is why Mr. Key wants hearings on the proposed changes to be held behind closed doors, because if they were made public then open challenges can be made to the justifications for an expansion of SIS powers as well as the underlying reasons for them.

Mr. Key and his minions must be resisted as the closet authoritarians that they are.  In democracy. law changes need to receive a full and open airing, it is changes to security and intelligence laws that threaten the fundamental rights that lie at the heart of democratic society. The proposed changes are one such instance, which makes it too important a matter to be left to the privacy of the Parliamentary Security and Intelligence Committee in the run-up to the RWC. Mr Key cannot have it both ways: either he believes in democratic accountability when it it comes to national security matters and its impact on fundamental rights and restrictions on them, or he believes in elite perogative, to include the issue of balancing of security and rights.

The only way to find out is to force him to choose, and for that to happen requires an Opposition that understands–surprise, surprise– that political advantage can often be gained by standing on principle. One can only hope that is now is such a moment of realisation for Labour, even if it means turning on the monster that it created nearly ten years ago.

Understanding Brinkmanship.

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The latest North Korean military provocation against South Korea, discussed at some length in Lew’s previous post, elicited some interesting discussion but also reminded me of the need to have a full conceptual grasp when contemplating seemingly irrational or dangerous acts in the international arena. Beyond the fact that rationality is multi-layered and subjective, so what looks crazy to outsiders at first glance makes perfect sense to insiders with a longer-term perspective and different interests at stake, the hard fact is that–as poker players know so well–acts of apparent irrationality are often calculated risks designed to achieve higher goals. Bluffing, be it stonewalling or sandbagging in nature, is designed to mislead the opponent so as to lure him into over-playing his hand or to fold while ahead. These tactics are integral to war-fighting and strategic gaming between states. Today I would like to briefly mention one other ploy that uses apparent irrationality as a rational weapon to secure strategic advantage: brinkmanship.

Inter-state brinkmanship is the use of provocative acts to test an opponent’s resolve and to incrementally secure strategic advantages that otherwise would not obtain by diplomatic means and which are too costly to go to war over. Brinkmanship is a strategic game that is most useful to actors that have little to lose by engaging it. Having something to lose, and confronted by an opponent that has less or nothing to lose, makes rational actors hesitant to initiate, respond in kind or escalate a provocation. On the other hand, if the provocation is such that it itself constitutes a serious loss of value to the receiving party, then brinkmanship can lead to larger conflict.

The matter is one of relative versus absolute gains: the actor that has less to lose in the event of war gains more via brinkmanship relative to the actor(s) that have more to lose, who see war losses in absolute terms even in the event of victory. They key to success, therefore, of the brinkmanship strategy is to understand the relative cost/benefit calculus at play in the opponent’s (collective decision-making) mind, given the contextual factors involved (alliance structures, security guarantees, role of third parties etc.). Needless to say brinkmanship occurs in social interaction below the inter-state level, but that is not the focus here. Although I have some familiarity with interpersonal brinkmanship, my professional interest is focused at the international level in general, and current North Korean behaviour in particular.

North Korea has in the past and is currently playing the brinkmanship game to perfection. Beyond the internal issues that I believe are a major cause of the provocations, the DPRK knows that South Korea has much more to lose in the event of all-out conflict. There is little in North Korea that the South Koreans want other than the restoration of familial ties (which are slowly dying out). It serves no strategic advantage to South Korea to up the ante and force a full military confrontation, even with the assured entrance of the US into the conflict under the terms of its security agreement with Seoul. Likewise, the US has no interest in seeing another major regional conflict explode over a minor border incident when it is busy with wars elsewhere. In addition, China has no interest in seeing such a conflict engulf the buffer state on its southern border at a time when it is focused on economic growth and the (not so) quiet development of a blue water naval capacity with which to protect the sea lines of communication upon which its raw material and primary good imports depend (since Chinese entrance into a direct confrontation with the US on the Korean peninsula would inevitably entail the destruction of that incipient capability).

Even if South Korea won a major conventional war with North Korea (since the DPRK does not have a deliverable nuclear weapons capability and has more than enough conventional force to wreak substantial havoc in the South even as it is defeated), the economic and social costs to the South, as well as the inevitable refugee streams from the North into the South across the conflict zone, are prohibitive for Seoul. Win, lose or draw, the DPRK leadership will still be fed, housed and nurtured at the expense of its subjects, whereas the South Korean regime will face the wrath of a public largely disinterested in war or having to shoulder the costs of winning one. As one US diplomat is reported to have said, North Korea is a country “without options.” That may be true for North Korean society, who must suffer and bear the consequences of their leadership’s decisions, but the leadership itself has plenty of options to choose from, and brinkmanship is one they know how to play extremely well.

Thus North Korea knows that it can push the envelope and stage the second military attack on South Korea in ten months because none of the other actors with an immediate stake in the game want to see the conflict escalate. It therefore can use the provocation as leverage in other areas of strategic interest: resolution of the armistice/peace treaty impasse; renewal of talks on the nuclear weapons programme in exchange for international fuel and food aid; creation of an effective DMZ along the two country’s water boundaries (and possible negotiation of the boundaries themselves)–the leverage possibilities are only limited by the imagination and interests of the DPRK leadership. Whichever faction in that leadership that successfully played the brinkmanship card will be strengthened in its internal power struggles for having done so.

Even if there is some more exchange of fire between the two sides, and it escalates a little in intensity (say, by South Korea using its air force to bomb North Korean military positions), the game is stacked in North Korea’s favour. All other parties will push to sue for peace sooner rather than later, and the price for that will be agreeing to discuss something that is of more interest to the North Koreans than anyone else.  In other words, the terms of that discussion will be framed by the successful brinkmanship game played by the DPRK.

Sometimes being seemingly crazy has its own rewards.

Brief considerations on Korea

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Normally I would leave discussion of this sort of topic to Pablo, whose expertise is much greater than mine (and I expect he will weigh in with his own thoughts on the topic too). But I lived there for a few years and had a great deal of time to ponder the security situation there, both through my own research and in discussion with several groups of former soldiers and senior businesspeople whom I was teaching English whilst there, and I think I have a handle on it.

A bit of background. The DPRK (North) and ROK (South) Korea remain officially at war; the armistice agreed in 1953 after the Korean War was not a peace treaty and signalled only a cessation of hostilities which has been accompanied by significant military and intelligence preparations on both sides. It is a tense situation, but it is at a fairly stable equilibrium because the mutual assured destruction principle still holds to a large extent. The ROK and its allies understand that the DPRK and its primary military and command assets are sufficiently well-defended that an assault from the South would draw a counter-attack which would inflict massive civilian, military and infrastructure casualties — estimates range in the hundreds of thousands of deaths in greater Seoul alone, which is within easy artillery range. And that’s with conventional weaponry alone, not taking into consideration the possibility of chemical, biological or nuclear weapons (the regime certainly has the former two; it’s generally agreed that it also has the latter, but not in a deliverable form). For its part the DPRK understands that such an assault on the ROK would spell the end of its regime at the hands of a US-led NATO force.

There is a sense among people responding to the the news that yesterday’s exchange of artillery fire at Yeonpyeong Island in the West Sea is qualitatively different from the dozens of other skirmishes which have taken place over the past 50-odd years of this cold conflict. It is true that this is one of the more serious engagements of that war, but it essentially follows the same pattern. Some action by the ROK and its allies (in this case a joint US-ROK naval exercise) granted the DPRK a pretext to rattle its chains; it fired a few rounds and some fiery rhetorical statements and the ROK does likewise. Two ROK soldiers have died, a dozen or so soldiers and a few civilians have been injured, and more civilians from the region have evacuated to the mainland. The casualty count is higher than usual, but so far, so typical. Late last night (NZ time) the DPRK released a statement alleging that the ROK had fired first. This is almost certainly false — the ROK rarely instigates these sorts of engagements — but that doesn’t matter. The purpose of the statement is to raise questions as to the ROK’s moral standing in the engagement, and to provide the ROK government with cover to stand down on the basis that it’s not worth going to war over a misunderstanding. If they do stand down the ROK government risks a minor loss of face, but since they are a liberal-democratic state whose populace has no appetite for war (and for the strategic reasons mentioned above) then barring much more serious provocation they will do so, President Lee Myung-bak’s own florid rhetoric about “enormous retaliation” notwithstanding.

Again: business as usual. While this latest event is perhaps quantitatively more serious than some previous events, it is qualitatively no different. This is the same strategic posturing game which is played out every crab fishing season in the West Sea, and year-round on the land border between the two states. The most serious mistake most of those who are now calling this the start of World War III are making is to try to understand this event in customary diplomatic terms as they would the relationship between two liberal-democratic states in good international standing. The DPRK’s actions and motivations make no sense when viewed in this light, because the DPRK is not, and never has been such a state. The explanation of these events are to be found, if anywhere, in an examination of the DPRK’s internal regime dynamics. Pablo has written about this topic recently with regard to the sinking of the ROK naval vessel Cheonan in March, and I urge you to reread his post in light of these most recent events.

So I don’t think there’s anything much to this. Due to the DPRK’s military doctrine of total war, an invasion or genuine commencement of hostilities would not begin with a few mortars; it would start with a massive and rapid deployment of force, targeted at the most vulnerable civilian and infrastructure targets, likely in the middle of the night and preferably during an adverse weather event or some sort of civil unrest. None of these conditions abide at present. But the fundamental point is that the tense yet stable strategic situation on the 38th has not changed, so it is very unlikely that either side will choose this juncture as the hook upon which to hang the possible demise of their state. There have been some recent developments in that strategic situation — the probable elevation of Kim Jong-Il’s son to a senior position in preparation for ascent to leadership of the regime; fresh concerns about the regime’s nuclear weapons program, and so on — but I believe these are too minor and too recent to have wrought the sorts of changes to the internal DPRK dynamic and to the cross-border dynamic which would be required for a substantial change in posture.

Of course, you never know. I have no special inside information or insight into the strategic situation there, and it may be that events of which few people are aware are driving this situation. But on the face of things this has been just another day on the 38th Parallel.

L

On a lighter note: Machine of Death

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Not that the Rolling Stones have destroyed us — I mean, you can’t always get what you want. You know what I’m saying? Brown sugar. I have no idea what that means. -- Glenn Beck, The Glenn Beck Program, October 27, 2010

On 26 October 2010, the guy who writes the marvelous Dinosaur Comics and a bunch of others self-published a book (because nobody would publish it for them) of short stories based around the idea of a machine which could tell you how you would die. The book is called Machine of Death. They happened to choose October 26 as the publication date without knowing that Glenn Beck’s latest tome of dangerous absurdities with the suitably loony title “Broke: The Plan to Restore Our Trust, Truth and Treasure was to be released on the same day. While it’s nice that Machine of Death pipped Beck’s book in the amazon.com sales rankings on opening day (proof), what’s most wonderful about this little episode is that it so incensed Glenn Beck that he had a wee rant about the book on his widely syndicated radio programme. It’s so gloriously insane, there’s nothing to do but quote it in full:

And I want to tell you that, um…our books are ALWAYS #1. And I find it REALLY fascinating, FASCINATING, that if you go to Amazon.com, Broke is number THREE. And the two books that are ahead of it — one is Keith Richards’ Life, which is getting a TON of — you know, that’s everywhere.
But this is a book about, you know, how he snorted his father’s ashes, after death. (sarcastically) THAT’S cool. This is the SDS [Students for a Democratic Society] book. This is for all of the — this is for [union leader] Andy Stern who’s all, I guarantee you he’s on the phone and has been the last few days, you know, with people like, you know, Bill Ayers going “All right, DUDE! Ah, do you remember when we were rolling around in the mud like animals? Remember that? This guy was smoking ash — you know, smoking his dad, and, and, popping stuff into his veins? Ah, those were the DAYS, man.” And then William Ayers was like, “Whaddaya mean, those were the days? I’m still doin’ that stuff, man!”
So that… “culture of death.” And it’s an escape into the past, of, you know, the Woodstock stuff.
And then, the #1 book — TODAY, at least — is Machine of Death. And it’s a — collected stories about, you know, people who know how they’re gonna die. Haowww!
So you have DEATH — I know it’s called Life, but what a life it is, really! It’s a culture of death! OR, “How do we restore ourselves?”
These are the — this is the left, I think, speaking. This is the left. You want to talk about where we’re headed? We’re headed towards a culture of death. A culture that, um, celebrates the things that have destroyed us. Not that the Rolling Stones have destroyed us — I mean, you can’t always get what you want. You know what I’m saying? Brown sugar. I have no idea what that means.
— Glenn Beck, The Glenn Beck Program, October 27, 2010

This, as if it needs to be said, is the other side of the Angel of Death ad I wrote about the other day; what happens if the font of inchoate hatred which powers the Tea Party movement isn’t carefully channeled through propaganda wizards and filmmakers and spin doctors. Wonderful. Frightening.

L