Category: Democracy

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Bowed but not Beaten: A Reply to Chris Trotter’s rejoinder to “Nothing Left.”

The post on the death of the NZ political Left has elicited a fair bit of commentary. That is good, because my purpose in writing it as a polemic was to foster debate about the internal weakness of the NZ Left and possible solutions to that problem. I did not discuss all of the negative externalities that work against a revival of the Left, but many others have, both in the comments on the original post as well as in the commentary in places like The Standard. In fact, some of the discussion in the thread on the original post as well as the Standard thread has been very good.

Needless to say, the right wing blogosphere loved the post. Kiwiblog, Keeping Stock and Whaleoil jumped at the opportunity to put the boot in. I commented on the Kiwiblog thread, where I was accused of defining what the “real” and “fake” Left were and of being one of those people who denigrate anything that does not fit their narrow definition of what being “Left” means. One nice person on the Standard derided me for being a “defeatist” and engaging in “self-flagellation.” This kind soul also harked to the idealism and determination of Nelson Mandela and Martin Luther King to show that we should not give up the fight, perhaps forgetting that Mandela renounced socialism once he became president (supposedly to protect democracy) and MLK –never a Leftist, he–got shot for his troubles long before racial equality was achieved in the US. Anyway, it was all quite entertaining.

Now Chris Trotter has entered the fray with this exposition: http://thedailyblog.co.nz/2014/01/23/theres-plenty-left-chris-trotter-responds-to-paul-buchanans-critique-of-the-new-zealand-left/

I wrote a response but it was not published by the Daily Blog administrator. Since my comment on Chris’s rejoinder was submitted more than 15 hours ago and 29 other comments have appeared, I assume that it will not be published, so I shall re-print it here:

“Fair rejoinder, but a bit off the mark.

The point of my polemic was to stir debate about the internal weaknesses of the NZ Left that have neutered it as a political alternative to the capitalist socio-political project. Besides the abandonment of a broad working class focus and socialist principles by the institutionalized Left (the party-union nexus) in favour of more narrow po-mo concerns and piecemeal challenges to the market-driven project, there is the factionalization, in-fighting, oligarchical leadership and general political insignificance of the activist Left. This opens the door to opportunists and charlatans to claim ideological leadership within the Left as a vehicle for self-interested advancement.

I see the cultural Left as having significance, but as a political force nether it or much of the informed Left commentariat have much political sway. And when some of that commentariat quietly seek remunerated ties to political actors who are the antithesis of everything socialism stands for, well, that is unfortunate.

So no, I do not share your optimism, but I am far from defeatist by directly addressing what I see as the elephants in the NZ Left room. Self-criticism and self-assessment are good things to do in good times and bad, and in my view the current moment is bad for the NZ Left.

Some of the commentary on the original post address ways to recapture the moment.

I do like your use of Gramsci though. Shallow as it may be in the context of this rejoinder, it points to the necessity of waging an effective counter-hegemonic war of position within the system, using what is given as instruments of usurpation of the ideological status quo.”

I should note that in his post Chris waxes positive about the Labour Party, the Greens, Mana and the CTU. In doing so he helps make my original case: none of these organizations are “Left” in the sense of being socialist or even primarily worker-focused, whatever they may have been at their inception. They may use socialist rhetoric and act “progressive” when compared to National and its allies, and they may be a better choice for Left-leaning people when it comes to electoral preferences and collective representation, but the hard fact is that play the game by the rules as given, do not challenge the system as given and, to be honest, just chip away around the superstructural margins of the edifice that is NZ capitalism.

Although I believe that the NZ political left is comatose if not dead, this does not mean that it cannot be revived or resurrected. As I said to a commentator on my original post, Keynesian economics in liberal democracies led to a 60 year period of class compromise that replaced the politics of class conflict extant prior to 1930. The so-called neo-liberal project in NZ was trialled under authoritarian conditions in places like Chile (yes Chris, I do remember Pinochet in part because his economic policies were emulated by Roger Douglas and company and marked the turn towards feral market-driven policy that persists in NZ today despite your protestations). It if founded on a direct return to the politics of class conflict, this time initiated by the upper bourgeoisie operating from an advantaged global position against the organized working classes via regressive labor legislation and the privatization of state provided welfare, health and education programs.

Many say the neoliberal elite are hegemonic when doing so. I disagree, in part because unlike Chris (who threw some Antonio Gramsci quotes into his rejoinder) I have spent a lot of time studying Gramsci’s concept of “egemonia,” (hegemony, or ideological leadership by consent) specifically its difference with the concept of “dominio” (domination, or rule by submission or acquiescence). Giovanni Tiso wrote a comment of Chris’s post that captures just a part of why Chris went a bit to far with his misuse of the words of the person who coined the non-Leninist interpretation of that special concept amongst the po-mo Left. I mention this because the entire thrust of Chris’s rejoinder read more like an instance of intellectual one-upmanship rather than a reasoned counter-argument.

The fact is that the current ideological dominance of the market-focused elite is only hegemonic in the measure that the political Left allows it to be. In NZ fair-minded people obey but do not consent to the system as given. In my view internal problems in the Left prevent it from presenting a viable counter-argument, much less counter-hegemonic alternative to the contemporary status quo.

It may not be armed conflict but the NZ market project, be it subtle, buffered or stark, is a war against the working classes, one that is based on the atomization of said classes via the destruction of class-based unions and ideological diversions that promote narrow sectoral representation based upon collective assumptions about the primacy of individual self-interest over solidarity, and which privileges greed over empathy.

In comments on the original post I offer some limited suggestions about a new Left praxis in NZ. I  am sure that there are many other avenues to explore along those lines. The market-driven project (which is no longer “neoliberal” in the original sense of the term), was an obvious and transparent return to the politics of class conflict, with preferential terms dictated by the financial elite.

No matter how dominant this ideology is at this moment, it opens a window of opportunity for the NZ Left, if it knows how to take the advantage. Rather than a monolithic compendium of all that is impossible to those born wrong, it renders bare the inegalitarian and exploitative foundations of the current socio-economic order as well as the abjectly quisling nature of the political elite that support it.

One final thought. I do not object to Leftists trying to earn a living, even if that means working in capitalist institutions on capitalist terms. I have to do so.

I do not even mind Leftists who live off of trust funds or marry well. In fact, I do not object to Leftists taking up paid work for non-Left parties as part of a tactical alliance against a common enemy or as a way of learning about the enemy from within.

I believe that those on the Left, much more so than those on the Right, need to be upfront about these apparent contradictions. They need to understand that touching power is not the same as confronting, much less wielding it. That is why I object to concealment of financial relationships between capitalist economic and political entities and those who publicly proclaim themselves to be Lions of the Left and champions of the dispossessed and voiceless.

My bottom line? We all have contradictions in our lives. For those on the Left the contradictions of living in a capitalist society can be overwhelming at times. It is how we resolve our ideological contradictions that separates the honest from the hypocritical.

 

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Nothing Left

Judging from recent events, the New Zealand Left is spent as a political force.

Some Left media types jumped at the opportunity to work for Kim Dotcom’s Internet Party (which is clearly based on the Pirate Party model, originally from Sweden but now with an international dimension that is anything but working class based). Material and personal motivations rather than ideological affinity apparently pushed these people to violate rudimentary conflict of interest and ethical standards.

That is symptomatic of the fact that the political (as opposed to cultural) Left is well and truly dead in New Zealand. The association (supplication?) of these “progressives” with a cowboy capitalist who has zero Marxist inclinations is a travesty if not treason to any working class cause. In one case the class betrayal had a specific dollar amount and a proposed political candidacy attached to it.

That some on the Left would countenance Dotcom as a tactical ally (in that his party is supposed to siphon young urban professional votes away from National) demonstrates how bereft of ideas, agenda and praxis they have become.

But what about the rest? Surely the foibles of a few cannot condemn the many to political oblivion? With apologies for any offense caused, let us not mince words and cut to the chase.

There is no viable Left in NZ politics. The Labour Party gave up any pretense of being grounded in socialist principles decades ago when it embraced market-driven economics, and the CTU-led union movement are the embodiment of Robert Michel’s notion of the “iron law of oligarchy:” the purpose of the organization is to serve itself, and if that means playing the role of “responsible” corporate toadies, then so be it. The one true Left union, UNITE, has some decent socialists in it and working class interests at heart, but it is also  fronted by several unsavory characters with Trotskyite and Stalinist inclinations (among other unpleasant traits), so its appeal is limited.

The Greens have stripped out the Red in their watermelon ranks in order to become a Blue-Green alternative with a lunatic fringe that can work equally comfortably with the two big parties (by ignoring that fringe). The Maori Party is basically single issue in that it only focuses on things it perceives to matter to Maori and was never progressive or working class oriented in any event. Winston First is a personality cult wrapped in nationalist populist rhetoric and Mana is a personality cult posing as an indigenous socialist movement. The Alliance is dead. Social Credit is no more.

What passes for an armed Left is no more than a bunch of bumbling fantasists who make Kyle Chapman look like a strategic genius.

There are plenty of armchair leftists in academia and the commentariat (I shall include myself among them). Some of them are very good at offering trenchant critiques of the system as given, but they have no political consequence. Likewise for the scads of po-mo hipsters, dandies and PC twitterati who denounce oppression by clicking “Like” on Facebook pages but who have no sense of what is involved in the commodity chain that brings them their mochachino low fat skim milk lattes. There are plenty of bullhorn activists, some of them righteous and others not so much, who like to burn flags and march about denouncing the global zionist-imperialist conspiracy. But they have zero political weight and are more a nuisance than a threat to the status quo.

The most earnest and legitimate political Leftists are rank and file union and interest group activists, but their energy and commitment is all too often stymied and diluted by leaders more interested in themselves and their positions than the “cause.” Put differently, many of the Left political elite prefer to maintain their positions in the status quo rather than heed the demands of their grassroots to push for fundamental change. Their concerns are about the distribution of power and resources–their own and that of the organizations they front–within the system as given, not about changing the system.

The chattering Left is as divided as the political Left, in part because they overlap: feminists accuse others Leftists of being patriarchical, GLBT activists accuse other Leftists of being heterosexist, Anarchists see other Leftists as sell-outs or authoritarians (and all of these complainants have a point). In general the Left argues more amongst itself than it does with the Right. Not surprisingly, the political Left is fractured, with activists all too often splintered into narrowly focused groups that do not share either strategic or tactical concerns with other Left movements. Worse yet, much political Left rhetoric is simply devoid of grounding in reality, be it from 9/11 conspiracy types to those who think that the Rothchild Trilateralists control everything.

More fundamentally, although many on the Left can offer informed and uninformed critiques of capitalism and the current status quo in NZ, none have been able to provide a coherent, much less publicly supported agenda for change.  That is its fatal flaw: the political Left in NZ are seen more as naysayers and whingers than proactive and reasonable “doers.”

These are, of course, generalizations that are bound to twist the knickers of some of those just mentioned. I use them to make the point that the NZ political Left is increasingly the province of self-interested opportunists and vainglorious charlatans, some with sociopathic tendencies and others divorced from the practicalities involved in confronting a capitalist-dominated political system that has overwhelming popular support.

It would be useful then, for those of us who pontificate on such matters, to take stock of what it means to be a sincere and viable political Leftist in a country where the very mention of such a term elicits derision or disinterest on the part of the majority of those who should find socialism, or at least social democracy, to be the natural political choice.

For a start, it might be wise to put distance on the delusional sociopaths and self-interested opportunists and charlatans that give the political Left its bad name. Having done that, the legitimate Left can begin to craft an agenda for change that is more than just the piecemeal undoing of the market-oriented policies in place since 1985.

Ot it could simply admit defeat.

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Media Link: Gettysburg Address and its contemporary relevance.

It is the 150th anniversary of the Gettysburg Address and Jim Mora at RNZ remembered it. He invited me on to the Panel segment to discuss its relevance today with a person who is well informed and one who is less so but strongly opinionated. The segment occupies the first 10 minutes or so of the audio feature and I come in at about the 4:20 mark.

http://www.radionz.co.nz/audio/player/2576894

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Blog Link: The Transition Tango in Fiji.

Over at 36th Parallel Assessments I explore some of the dynamics that are and will be key factors in the political transition to free and open elections in Fiji scheduled for mid 2014. Unique circumstances in Fiji notwithstanding, the success of a transition from military-bureaucratic authoritarianism to freely elected government (if not democracy) hinges on some key factors, particularly the interplay between regime and opposition hard- and soft-liners. The essay explains how and why.

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Whose Team New Zealand?

As much as anybody I enjoy sports and competition, so much so that I enjoy watching top level competition in sports that I am unfamiliar with. I have therefore enjoyed watching the America’s Cup racing, not so much because of the nationality of the teams but because of the boat design, speed, tactics and seamanship involved. In fact, I am poorly placed to get worked up on patriotic grounds because as readers of my earlier post on liminality may remember, I have allegiances to several countries and divided loyalties as a result. Moreover, I believe patriotism to be the last (and best) refuge of political scoundrels so I endeavour to resist its emotional pull wherever I happen to be living.

In this America’s Cup series I am cheering for Team New Zealand because I know that it means a lot to New Zealand and very little to the US. Other than rugby, Kiwis tend to adopt a “David versus Goliath” approach to international team sports. They are not alone in this small country syndrome, as I have pointed out previously with regard to Uruguay and team sports other than soccer. But in New Zealand that syndrome extends beyond sports, including into the international political and economic arenas.

With regard to the America’s Cup, here in NZ there is live blow by blow coverage of every meter of every race, whereas in the US it is not being covered live anywhere except on boutique cable boating channels. Here it is front page news in every newspaper and news broadcast. In the US it barely rates a header in the sports section of big city newspapers, including that of the race venue San Francisco. Heck, in Texas high school football (the helmeted version) gets more coverage on a weekend than the America’s Cup has had in a year!

In the US most people do not give a darn that Larry Ellison indulges a billionaire fancy with a crew that includes only one American. Here people want to name their first born sons after Dean Barker. They also want that turncoat, traitorous preferably ex-kiwi Russell Coutts strung from the lanyard because he dared to work for the competition. In other words, Kiwis are heavily invested in the outcome whereas in the US they are not.

Or are Kiwis that heavily invested? From what I gather from video coverage of people watching the race live on television on the Auckland waterfront, there is hardly a brown face in the mix. The same goes for those Kiwis who have traveled to the America’s Cup Village in San Francisco. Pure pakeha pulsation throughout.

So where are the non-Pakeha kiwis when it comes to this race? Are they just not into sailing? If so, why not? Why is something that is so heavily promoted by the media and advertisers as a nationalistic rallying point having so little impact on non-Pakeha communities?

I ask because the New Zealand taxpayers have put $38 million into Team Emirates for this race series (both Labour and National support the expenditure). So whether or not they are emotionally invested in the racing, Kiwis are financially invested in it. The public expenditure was justified on grounds that the economic benefits to NZ of a future Cup defense in the event of a win would justify the investment (since winners get to name the venue for the next race). The narrow investment now is said to bring greater and broader future returns.

Besides the fact that no public consultation preceded the allocation of taxpayer money to Team Emirates, the issue of benefits is thorny. Even if Auckland benefits from hosting a future defense of the Cup (and that would mostly go temporarily to hoteliers, restaurants, bars and other service sector providers), what about the rest of the country? Other than Auckland based niche industries like boat-building and sail-making and a few high-end tourist locations and ventures, is it true that the country as a whole will benefit from the tax revenues generated by increased economic activity in Auckland? Do we really expect to believe that places like Ruatoki and Twizel will see direct benefit from an America’s Cup defense in Auckland?

It should be noted that Team Oracle USA received no public funds for its Cup defense, and that the redevelopment of the Embarcadero in San Francisco was a majority private venture that has not yielded the economic dividends to the city that were originally tabled by way of justification for holding the race there. So the “future benefits” argument is contentious at best, especially if drawn over the long-term. Yet spending public money on the challenge is seen as in the long-term NZ national interest.

Put another way, why is it that NZ taxpayers coughed up money for a yacht race campaign that not all New Zealanders care about and which relatively few New Zealanders will benefit from in the form of future uncertain economic returns in the event of a successful challenge this year? Since hosting the Cup defense will undoubtably include allocations of more taxpayer dollars to infrastructure and venue development, is this an appropriate use of public money? Given that the food in schools program receives just $10 million a year, could it not be argued that government priorities are a bit out of whack when it comes to long-term investment in the nation’s future?

Leftist conspiracy types will claim that the government subsidy for a small appeal elitist sport is designed to benefit its rich and upper middle class business supporters, nothing more. I would hope not, but then again I come back to the question of who in New Zealand is truly supporting the Cup challenge. Is the America’s Cup for the few or for the many? In the US it is for the few by the few, but here in NZ the issue appears a bit more complicated.

Anyway, I could be entirely wrong in my read and certainly do not have a good handle on the extent of support for the America’s Cup outside of what I have seen and heard in the media. Readers are welcome to ponder and comment on the issue.

Better to do that than to get started on the subject of host venue race time limits being enforced in low wind conditions on a day when a overwhelming match-winning victory by the challengers was in sight!

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Identity is politics

(Or: How the activist left learned to stop worrying and love identity politics.)

Here and elsewhere I spend much time railing against the notion that “identity” is somehow distinct from “politics”, or that “identity politics” is anathema to the idealised “real politics” of class and ideology. I don’t accept that those with politicised identities — in our context most often women, Māori and LGBTI people — ought to fall in behind the straight white able-bodied men of The Cause on the understanding that The Cause will lend its support to their subordinate issues when the time is right. Moreover, I don’t accept that a person’s politics can meaningfully be divorced from their identity. Identity is politics. I am far from alone in these views.

Recently it has come to my attention that many of those who claim to oppose “identity politics” are pretty happy with it too, given the right circumstances. The contest between Grant Robertson, Shane Jones and David Cunliffe provides a good example.

Right out of the gate the contest was framed in terms of identity — Grant Robertson’s sexual identity. “Is New Zealand Ready For A Gay Prime Minister?”, the headlines asked, proceeding then to draw dubious links between unscientific vox-pops and the reckons of sundry pundits, all of whom were terribly keen to assure us that they, personally, were ready, even if the country isn’t yet. But while Robertson’s identity is what it is, his campaign is not an identity politics campaign in any meaningful way. In this it differs sharply from the campaigns of the other two contenders.

Shane Jones
Shane Jones is expressly running an identity politics campaign: he’s Māori, and his goal to win all five seven of the Māori electorates for Labour is one of many explicit appeals to his Māoritanga, and well he might appeal: it is an attribute sorely lacking among our political leaders, and a particularly stark omission in Labour, with its long claim to being the, um, native party of Māori.

But Jones’ Māoritanga isn’t the only identity pitch: he has made overt masculinity a part of his brand. When he came clean about charging pornographic movies to Parliamentary Services, his explanation was “I’m a red-blooded male”. He recently doubled down on this in relation to Labour’s proposed gender-equality measures, saying New Zealanders didn’t want “geldings” running the country, and that “it was blue-collar, tradie, blokey voters we were missing”. His value proposition for the Labour leadership is that he can expand the party’s electoral base into the archetypally-masculine realm of the “smoko room” where such voters are said to dwell. It seems likely that this strategy will alienate a good number of female voters into the bargain.

David Cunliffe
David Cunliffe’s identity pitch is doesn’t look like an identity pitch, because we’re not used to seeing identity pitches from straight white men. But identity politics isn’t the sole domain of women and minorities — the US Republican Party has been running a long identity politics campaign for most of a decade against Barack Obama and Hillary Clinton.

Cunliffe’s claim is his identity as a guy who greets his supporters in a dozen different languages and whose announcement of a candidacy is greeted with a waiata, wearing a lei like it ain’t no thing. He is a mutual-second-best candidate for a bunch of different identity groupings — he’s male, but he has strong caucus support from Labour women, including his previous running-mate Nanaia Mahuta and marriage equality champion Louisa Wall. He’s straight, but he’s not homophobic or chauvinistic about it. He’s Pākehā, but his multicultural bona fides are clear, and he has strong support from Māori and Pasifika caucus members. He studied at Harvard, but he’s the working-class son of an Anglican minister. He’s comparatively young — Generation X — but not so young as to be seen as a whipper-snapper by the Baby Boomers. Homo Sapiens Aotearoan is David Cunliffe’s identity; a modern native of the biggest Pacific city in the world.

Grant Robertson
Grant Robertson’s campaign is quite unlike the others, which are pitched at the electorate, or parts of it. Robertson’s campaign is focused on unifying the Labour Party, on the basis that a unified party will be a more effective machine for building electoral support. His isn’t a pitch based around his individual brilliance or personal character, but his ability to organise, strategise, and forge an effective team out of his diverse and complicated group of colleagues. Robertson’s identity is a part of this — his advocacy and work in passing the marriage equality bill earlier in the year indicates where his politics lie, and make clear he’s no shirker — but this is by no means the focus.

And yet last night’s story by Brooke Sabin basically wrote Grant Robertson’s candidacy off on the basis of a series of ad-hoc buttonholes with workers at a union rally who apparently didn’t like that he was gay. Sabin reported that only two of the 40 people spoken to would support Robertson, and in the studio introduction to the piece anchor Hilary Barry inflated this to:

Labour leader hopeful Grant Robertson was dealt a blow today. Many in the religious and socially-conservative faction of the party, out in force at a rally this afternoon, don’t like that he’s gay, and won’t vote for him.

There are a swag of problems here: most obviously that repeatedly and urgently raising the issue (“not that there’s anything wrong with that”) sets the agenda. Further, the footage suggests that the only thing these vox pops were given to go on when assessing Grant Robertson’s fitness to be Prime Minister was that he was gay — so it was the only thing on the agenda. Worse yet; one respondent, when prompted to choose between Jones and Cunliffe, asked “Shane Jones … is he a gay too?” suggesting that not only was she not very well placed to make an informed assessment of the comparative merits of each candidate, but that asking her to do so anyway, taking her word as an indication of general union sentiment and then playing her naïve answer on national TV bordered on exploitation. (At least part of my assessment is shared by Neale Jones from the EPMU, who was there, and said on Twitter, “Sabin went around repeatedly badgering workers about whether they had a problem with Grant’s sexuality. Got story he wanted.”)

The Identity Agenda
Jones’ identity pitch is clear, and Cunliffe’s is less so, but not much less so. Robertson’s identity pitch is inferred from his sexuality and inflated. The only aspect of the archetypal “identity politics” candidate’s campaign which is focused on “identity politics” is the “ready for a gay PM” agenda, which is set by commentators and the media, outside Robertson’s control (but which he must tolerate, lest he be reframed as a “bitchy gay” rather than as the solidly masculine, rugby-playing sort we are possibly prepared to tolerate.)

So that’s ironic. But the deeper irony of this is that David Cunliffe is the darling of many of the people on the activist left who have railed most fiercely against “identity politics” all these years. (Check the list of endorsements here). There’s no policy to speak of in this contest — Cunliffe’s campaign is identity politics through and through, and yet the activist left loves him for it. I don’t think it’s unfair to observe that they love him, and they love it, because now it feels like their identity being prioritised in politics, as if it hasn’t ever been before. All that evil old “identity politics” they railed against before — the problem wasn’t that it was identity politics, but that it wasn’t their identity politics.

But I’m glad they love it. It works, after all. We have a strong sense of who David Cunliffe is, where he comes from and what motivates him, and that helps us understand, and more importantly to believe, his strategic vision and the policy platform he articulates. I think he genuinely does speak to a wider audience of potential Labour supporters than any recent leader, and that can only be a good thing for the party and the polity as a whole. If he wins, and I think he will, I hope it will go some distance to demonstrating that identity and ideology aren’t zero-sum; they’re complementary. Maybe once that realisation sinks in we’ll be really ready for a gay Prime Minister, or a Māori one.

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Crossing: the flaw

This evening the GCSB Amendment Bill passed its third reading in Parliament, 61-59, despite a desperate last-minute campaign to persuade selected government MPs to cross the floor and vote against the bill.

I’m sure everyone involved would accept it was a long shot, a last-ditch effort after every other challenge had failed. But it shares some faults with the remainder of the campaign, and the left’s political strategy more generally, which has been marked by a lack of coherence and internal consistency, poor targeting, and seemingly more at shoring up support among activists than in extending that support.

Motivation

The merits of the GCSB issue were thoroughly thrashed out — the main problem is that it is an extremely complex topic about which few people have the expertise to make authoritative claims. Nevertheless, many of those people have made such statements, and the evidence is out there. This has been the strongest aspect of the “Stop the GCSB Bill” campaign more generally: its appeal to evidence.

But this was not a topic upon which government MPs were amenable to evidence. If they had been, they would surely have been swayed by testimony from the Law Society, the Human Rights Commission, and defence, security and IT experts including the former head of the GCSB itself. They were not moved by these appeals to evidence; not even slightly. They simply hold a different opinion on the merits of the GCSB Bill, one that happens to not be supported by the aforementioned experts (no doubt the PM provided another set of experts who gave them a counterview).

This is fundamentally because their motivation for passing the bill is ideological, not policy-oriented. National governments are strong on security. Whether they are or not, it’s part of their brand. They keep people safe, both at the day-to-day criminal level and at the level of transnational crime and terrorism. They are simply not willing to let some liberal bed-wetters prevent them from implementing a security system that better suits their petit-authoritarian worldview.

Hardening

Calls to cross the floor arose mainly from the left-liberal activist community. The biggest problem with calling on your ideological foes to cross the floor is that they’re your ideological foes. If they cared about what you thought, they wouldn’t be your foes, and they very likely would be amenable to changing their views based on the evidence, or at least to moderating them and cooperating.

But this is war. Not war on terrorism; war on the liberals, who are the real strategic threat to this government, and are ascendant in New Zealand’s left following the success of marriage equality, the continuing strength of the Greens, relative to Labour. In a war, when your enemies offer to parley, it is a sign of weakness, and nobody could mistake left-wing activists begging the Minister of Justice for a vote to sink a key plank of her government’s legislative agenda as anything other than a sign of desperation. In a war, when your enemies offer to parley, you only accept if you can’t crush them, see them driven before you, and hear the lamentation of their women. Hard ideological power is rarely vulnerable to moral suasion.

Trying to persuade individual MPs to betray their cause from a position of such ideological and strategic isolation was never likely to have any effect other than to harden their resolve, and to increase pressure on them from within their party to toe the line. In particular, given the vitriol to which certain MPs — notably Peter Dunne, hilariously regarded as being the most likely to switch — have been subjected in recent months, a sudden switch to flattery and appeals to better nature was simply incoherent and too jarring to be credible. Even a dog, if mistreated, will bite when petted. The fact that so much abuse continued even after the charm offensive began made it doubly ineffective.

In many ways this was a concentrated version of the overall strategy of moral and evidence-based persuasion: because support for the bill has been framed in a partisan way, there’s little point in convincing your own side. The task is to convince people who, for the most part, like John Key and trust his government that they are neither likeable nor trustworthy. It’s a hard thing to do — but doubly hard when your cause gets occupied by the Occupy movement, a point that Pablo made in one of his many excellent posts on this topic recently.

Target selection

Nine MPs were selected. Not to say that there were any actually good targets, but the selections misunderstand each MP’s place within the government machine.

The most obviously-idiotic target was Judith Collins, the Minister of Justice and probably the toughest authoritarian in government, including Key himself. Converting her was simply never a happening thing. National party newcomers Paul Foster-Bell and Claudette Hauiti were almost as laughable, given that their political careers exist only at the pleasure of the party.

Peter Dunne was probably the best target six months ago, except that he has since been subject to the greatest amount of vitriol over this issue. His relationship with the government has also been weakened recently, a bond he needed to renew, which he has.

John Banks, although personally of a nature similar to Collins, is vulnerable to his party machine which could possibly have been talked around — but the activist left thinks of him (and it) as being beyond liberal redemption, in spite of his voting in favour of marriage equality.

The others (Sam Lotu-Iiga, Melissa Lee, Jami-Lee Ross, and Nicky Wagner), were no worse than anyone else in the party.

Who do you love?

The only thing that gives a non-delusional Prime Minister in this data-driven age the sort of swagger John Key has is the knowledge that the polls are solid. There have been a few public polls: Research NZ; ONE News/Colmar Brunton; 3 News/Reid Research and most recently Fairfax/Ipsos.

Campbell Live’s unscientific, self-selecting plebiscite is barely worth a mention. So of these polls, only the last gives anything like a picture of an electorate that is closely engaged with this issue; it tells us three-quarters of New Zealanders do care about the GCSB Bill. But 75% on its own means nothing. Polls told us that 80% of the electorate opposed asset sales, and look how that worked out. This poll also tells us how much they care, and the answer is: only 30% are very concerned, and 25% aren’t concerned at all. More than half trust the government to “protect their right to privacy while maintaining national security”.

Key and his government will have much better polling than this, and broken down by party allegiance, too, and that’s important — Key would be perfectly happy to alienate 30%, or even 40% of the population as long as they’re all committed Labour and Green voters, and more than half overall still basically trust him. Key said people were more interested in snapper quotas than the GCSB bill, and he’s probably right — if you read that as “people who might actually vote for him.”

What was the performance in aid of?

The major effect of this campaign was to give the activist community something to believe in, a sense that they were Doing Something, rather than just sitting there while their freedoms got gutted. It was very much attuned towards focusing existing opposition, rather than towards expanding that opposition. (This was true to a lesser extent of the public meetings and mass rallies, which effectively church services, but these did also have an important role in disseminating evidence and bringing the discourse into the mass media).

The effect has been clear: there has been no effect. While opinion polling for the left has picked up in the last few days, it remains to be seen whether this will persist.

Although this one was poorly-executed I also don’t think a “cross the floor” campaign was necessarily a bad idea. Theatre matters. Morale matters. For all the criticism, there are many positives here. One is that people have gotten angry — even if it’s only a relatively small cadre of activists, that’s something we haven’t really seen much of recently. And there are some signs the discord may spread further (though not much further, as yet).

But while Do Something campaigns can be worthy in terms of making people feel better about losing, that is often all they are good for. They are often not very effective in terms of actually winning. This campaign worked well as a salve, but as far as effectiveness goes it was badly framed and focused on the wrong objective. It was both too partisan to draw in broad support from across the ideological spectrum, and then, later (once its ideological hostility was confirmed) began to treat the government as only a semi-hostile force that might be reasoned with. A less-ideological campaign to begin with, hardening into a more rigorous strategy as it became clear that the government would remain intransigent would likely have been more effective if it could have been stitched together (admittedly a big if).

Further, focusing on the bill’s passage was unrealistic. It was a fair enough interim goal, but more realistic is to focus on the repeal of the bill — now act — when Labour and the Greens are next in government, and to use it as a lever to assist them into government. Good progress has been made towards this as well, especially in securing what seems to be solid assurances of repeal from Labour, whose prior form on civil liberties has been very mixed.

What remains to be seen is if those involved can maintain momentum for another year. If they can, and this kicks off a 14-month campaign season, then it will have been a triumph, in spite of its tactical failure.

L

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Crying wolf on terrorism for political gain.

The merit of a proposition can be judged by the strength of the argument in support or defense of it. In the case of the proposed changes to the GCSB and TICS Acts, the government’s argument has basically reduced to claims that terrorists will strike if the bills do not pass, perhaps even using weapons of mass destruction. More than an argument in favor of the bills, it is a sign of desperation on the part of a government unwilling to level with the public on its real intent.

To begin with, counter-terrorism is a very small part of what intelligence agencies do. Ninety percent of intelligence collection and analysis, to include its sub-set of electronic espionage and counterespionage, is focused on traditional corporate, diplomatic and military intelligence gathering. That is true for the Five Eyes/Echelon signals intelligence network and even more so for countries that are not on the front lines of the so-called War on Terrorism.

Yet countering “terrorism” has become the buzz word used by politicians to justify the expansion of the security apparatus in all its forms, to include the militarization of police functions and extension of powers of search and surveillance. It is the fig leaf that covers a multitude of sins perpetrated by the state in the name of national security.

This is an important point because as nasty as it is, terrorism is not an existential threat to any established state, much less a consolidated democracy. Viewed objectively, it can be properly seen is a crime of violence most often carried out as an irregular warfare tactic for ideological reasons. In the hands of non-state actors it is a weapon of the militarily weak that cannot be used regularly and systematically against a broad array of targets in the face of state enforced counter-measures. Although impossible to eliminate in its entirety, especially in its small cell or lone wolf application, this type of terrorism (i.e. in John Key’s airport bomb hypothetical) is a type of criminal violence best handled by the police using the intelligence made available by human as well as signals and technical intelligence agencies.

That may or may not involve electronic eavesdropping of a targeted sort. What is not needed to counter terrorism is blanket adoption of draconian security laws that restrict individual and collective freedoms, including the right to privacy. Oppressing the majority out of fear of an extremist few is counter-productive for no other reason than doing so plays into the hands of the aggressor.

In any event New Zealand is not on the front line of the War on Terrorism. Its threat environment is different than that of Australia, the UK and the US. It is more akin to (yet less than) that of Canada, and it is telling that Canada has resisted moves to closely align its domestic intelligence gathering powers with that of its Northern Hemisphere partners. The Canadians well understand the hierarchy of threats confronting them, and in light of that have shied away from the type of legislation currently being proposed in New Zealand.

If anything, the Canadian government knows that closer public alignment with the US and UK on security issues invites greater risk of attack from those engaged in armed conflict with them. It also understands that what irregular threats exist for Canada, they are more likely to be internal and related to domestic policy issues than external in origin or manifestation. New Zealand is similar in both regards.

What this means is that the specter of terrorism raised by John Key is a dark chimera that has little connection to New Zealand’s real threats, but which is used to defend the passing of security legislation that is more appropriate for the threat environment in Pakistan or Yemen than that of the South Pacific.

In recent years cyber espionage has become the predominant form of signals intelligence threat, to include that in New Zealand. The focus of attention of Five Eyes and other signals intelligence agencies is increasingly on fiber optic cables, routers, switches and the computers that use them, as opposed to radio and satellite intercepts (even if the latter remains a priority for Echelon). In pursuit of effective counter-measures, the Echelon partners have developed sophisticated labor-savings software such as PRISM and XKeyscore that filter the first cut on zillions of bytes of electronic data (the so-called meta-data), thereby making it easier for human analysts to target specific communications based upon keywords, phrases and usage patterns.

This mass trawling through personal as well as institutional electronic communications is indeed efficient, and not problematic for countries under non-democratic rule, but poses a problem for liberal democracies where the right to privacy and presumption of innocence go hand-in-hand as the bedrocks of citizenship.

Cyber espionage in New Zealand is mostly but not exclusively perpetrated by foreign state and non-state actors seeking to access sensitive corporate, political and security information. This includes back-door access via personal computers and electronic devices into work computers of targeted sectors. Since New Zealand has the most porous internet security of the Five Eyes partners and because its economic and political decison-making elite is relatively small in comparison, it is considered to be the weak link in the network by adversaries and allies alike.

Be it by groups such as Anonymous or by state agencies such as Chinese military intelligence (and there are many others), it is estimated that New Zealand computer networks are probed dozens of times a year (at least as far as what has been publicly admitted by the government). Thus the interest in increasing the GCSB’s cyber-securty function in order to bolster the defensive aspect of local cyber intelligence (targeted hacking of foreign networks being the offensive side).

The hard fact is that cyber espionage and counter-espionage is the newest and increasingly most pervasive form of spying and is here to stay, so New Zealand has to lift its game in that field of play.

This is the real reason why the Bills have been introduced. The trouble is that they contain a very strong offensive aspect to them, in part owing to the blurred nature of cyber espionage that does not conform easily to the foreign versus domestic dichotomy traditionally used to partition internal from foreign intelligence gathering. Threats now are seen as “glocal” or “intermestic,” and thus offensive cyber intelligence operations are run side-by-side with domestic counter-intelligence (defensive) work. That includes meta data mining on home soil, and the sharing of that data with Echelon partners.

Rather than honestly reveal the true reasons why the amendments to the GCSB and TICS Acts are being proposed, the National government has resorted to the old canard about terrorism. It may be doing so because it is undiplomatic to point out that its second largest trade partner has been accused by New Zealand’s strongest security and intelligence partners of being the source of most cyber attacks on their respective and shared computer networks. It may be doing so because it assumes that most people simply do not care about issues of security and intelligence, and it might be right. But whatever its rationale, its proposals are way over the top given the realities of New Zealand’s position in world affairs and its history as a democratic polity.

There is much more that is wrong with the New Zealand intelligence community–the lack of effective and independent oversight, the political manipulation of intelligence flows, the overly broad definition of national security and threats to it being foremost amongst them. It is therefore not surprising that in the very framing of the debate about the GCSB and TICS Bills, the government has resorted to bluster and fear-mongering rather than outline the real thrust of its changes.

That is a pity. Had it done so it might have been able to reach a compromise on cyber security more appropriate for a small liberal democracy on the periphery of the major conflicts of our times. However, as things stand New Zealand is about to be saddled with a cyber-security apparatus apparatus more similar to that of Singapore than those of Belgium, Norway or Uruguay.

That pretty much says it all about how National views the world.

 

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Three perspectives on the spy bills.

Selwyn Manning has done a Q&A with three individuals who have different and at times conflicting views of the GCSB and TICS Bills, although all three are critically opposed to the bills in their present form. One is a strategic analyst, one is an internet entrepeneur and one is an IT lawyer. John Key may dismiss them as uninformed, politically motivated or holding some hidden agenda, but their differing takes on the issue may make for some food for thought for KP readers.

The Q&A can be found here.

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Note to John Key: Zaoui was innocent.

Once John Key realized that his efforts to expand state spying powers were not meeting with the usual docile approval on the part of the public, he retreated to his usual habit of spinning alarmist tall tales (The terrorists are here! The terrorists are in Yemen but coming back!) and smearing his detractors. Some time ago it was Jon Stephenson and Nicky Hagar who got the smear treatment over their coverage of NZDF, SIS and GCSB activities in Afghanistan, with Key dismissing them as liars and conspiracy theorists. Now he has threatened the Human Rights Commission because of its opposition to the GCSB and TICS Bills and dismissed the Law Society’s objections as politically motivated.

His comments about the Law Society are revealing, because he has launched a personal attack on Law Society spokesperson Rodney Harrison QC for being part of Ahmed Zaoui’s legal defense team. Here he has outdone himself on the sniveling weasel scale, because he not only makes it appear that Harrison was somehow wrong to help Zaoui defend himself against claims that he was a terrorist, but he smears Zaoui himself in the process.

Let us be very clear: Ahmed Zaoui was never a terrorist, nor did he knowingly associate with terrorists. He was a member of a legitimate Algerian opposition movement in exile who were forced out of their homeland after a military coup that deposed the democratically elected government that they were part of. Because his political activities in exile made host governments in Europe uncomfortable (governments with close ties to the Algerian military regime), he was forced to undergo two politically motivated sham trials in France and Belgium and when that did not stop him from continuing his political work, to involuntarily globe trot in search of security for himself and his family after his residency permits were canceled.

After stints in Burkina Faso and Malaysia, and with the Algerian secret services on his tail, he made his way to New Zealand and requested political asylum. For that he was jailed, held in solitary confinement for nearly a year in a maximum security prison, spent another 14 months in a medium security prison before being granted bail, and in all was forced to undergo five years of legal wrangling before his refugee request was granted (a request that was initially approved by the Refugee Status Appeals Authority in August 2003 but opposed by the SIS). His treatment by the Clark government was abhorrent.

Let us also be clear that the terrorist claims against Zaoui were manufactured by the SIS, sometimes in amateurish fashion (such as the so-called “casing” video that detailed his travels through Southeast Asia before embarking on a plane bound for New Zealand). The director of the SIS at the time, the duplicitous ex-ambassador and self-admitted Francophile Richard Woods, orchestrated a campaign of smears and falsehoods against Zaoui so as to keep in the good graces of the French government, a project that he had begun during his posting to the New Zealand embassy in Paris (as ambassador to France and Algeria) in the mid 1990s. Wanting to look tough on terrorism post 9/11, the Clark government aided and abetted Mr. Wood’s character assassination project, and it is to its everlasting shame that it did so.

In the end, the accusations against Zaoui were thoroughly and systematically discredited by Mr. Harrison and his legal team, and the SIS was forced to rescind the security risk certificate issued against him. In September 2007 he was granted asylum and the following month his wife and four children joined him. He is now a small businessman living with his family in Auckland.

This is why John Key is behaving like a sniveling weasel. In order to garner support for his spying bills he has played on latent anti-Muslim prejudice and fears of terrorism long after the Zaoui case ended to make it appear that Zaoui was guilty of something and that Mr. Harrison was wrong to defend him.

Yet the truth is quite different: Mr. Zaoui was an innocent man wrongly accused for political and diplomatic reasons by the New Zealand authorities of crimes he never committed. Mr Harrison was one of the champions who defended Zaoui against the gross injustice perpetrated against him by the State. Both men displayed integrity and steadfastness of purpose in the face of concerted official duplicity and malice.

If nothing else, Mr. Key’s cynical revision of historical events for scare-mongering purposes, set against the backdrop of SIS dishonesty in the Zaoui case and the GCSB illegal wiretapping of Kim Dotcom, should be added reason why the GCSB and TICS Bills need to be resisted. After all, if this is how the Minister of Intelligence and Security and his agencies operate under current law, what does that say about what they could do with expanded powers?

One thing is certain. Of the three men involved in this story, one cannot be trusted to act with honesty and integrity in the face of adversity. That person is not Ahmed Zaoui or Rodney Harrison, QC.