Category: identity

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Sailing aboard the SS Futility.

The RNZN is celebrating its 75 anniversary through this upcoming weekend, with 18 foreign warships attending the events. There will be fleet review on Saturday and an open house on the ships on Sunday.  An exhibition of international naval history will be open throughout the week on the Auckland waterfront.

For the first time in three decades the US is sending a warship to NZ waters as part of the event. In doing so the US acknowledges and accepts NZ’s non-nuclear stance and the NZ government confirms that it can verify that the ship is non-nuclear propelled and armed via independent means (and quiet diplomacy). The ship in question is the USS Sampson, an Arleigh Burke class destroyer. Other nuclear powers represented at the celebration are China and India (and France and UK in lesser capacity), as well as a host of regional navies including Australia, Indonesia, Japan and several Pacific Island states. Ships from Singapore, South Korea and Canada will also participate.

The NZ Defense Industry Association is running its annual Forum concurrently with the RNZN celebrations. It gives NZ defense-oriented businesses an opportunity to take advantage of the presence of foreign military commanders in order to hawk their wares as well as exploit the opportunities provided by the NZ$20 billion in capability upgrades announced by the MoD/NZDF for the next fifteen years. Needless say, the combination of events has elicited opposition from a variety of groups.

Protestors have already blocked the venue of the defense industry meetings and more protests are scheduled for the next four days, including a flotilla on Saturday when the fleet will be on review in the Waitemata Harbour. Interestingly, some moron posing as a National MP suggested that the Terrorism Supression Act be amended to include protest flotillas as “terrorists” because they might terrorise the crews of the warships by accidentally getting run over by them. So much for intelligent representation but who knows, maybe someone at the defense industry Forum will have a marketable idea about non-lethal anti-dinghy defences that are designed to deal with such contingencies.

There seems to be several different elements in the protests. There are pacifists who are against the presence of warships of any sort as well as those who profit from the misery of war. There are those who are against the so-called “death merchants” but who do not necessarily object to naval forces (perhaps seeing them as a necessary evil). There are those who are anti-nuclear. There are those who are anti-imperialist. There are those who support indigenous sovereignty. There are those who are anti-American. There is some overlap between these factions but the core appears to be focused on two things: the defense industry Forum and the presence of the USS Sampson as symbolic of conjoined war-mongering evils.

Although one can not really argue against being opposed to “death merchants,” the reality is that like the tip of an iceberg, weapons manufacturers are a relatively small percentage of those exhibiting at the Forum (although major weapons providers like Lockheed Martin are major sponsors of it). Most of the NZ defense industry are logistics and support providers who often also have civilian branches to their businesses (for example, drone manufacturers, navigational technology suppliers and search and rescue equipment providers). At worst, one might consider them “enablers” rather than direct purveyors of instruments of death. Be that as it may, it is understandable why pacifists are opposed to the Forum. Simplistic, naive and righteous, but understandable.

The issue of the warships is a bit more complex. Although there are plenty of pacifists who are opposed to the entire notion of celebrating naval forces, many of the protestors appear to be more focused on protesting the presence of a US warship. This includes some of the ostensibly anti-nuclear types, who seem to have given a pass to the Chinese and Indians while focusing on the US boat. The same is true of the anti-imperialist crowd, who also are concentrating their attentions of the USS Sampson but seem unconcerned about the neo-imperialist ventures of other countries represented, to say nothing of the unhappy histories of places like Indonesia or Chile (whose visiting training ship Esmeralda was used as a prison for political prisoners during the Pinochet era). So that basically means that much of the protesters are anti-American more than anything else.

That stance has been made a bit harder to justify now that the USS Sampson has been diverted to do earthquake relief duties in Kaikura. After all, it is hard not to look silly when the focus of your protests is on a ship that is involved in humanitarian relief operations on your home soil and yet you ignore the authoritarian and often repressive histories of other countries represented in the visiting fleet. This is particularly true if the crowds at the naval expo, watching the fleet review and waiting to board the ships on open house day are larger than the number of demonstrators. Clearly they are not getting the message the protestors want to impart on them.

So the question is: what is the point of the protests?

If the answer is to support pacifism in its opposition to anything connected to war regardless of the ancillary civilian benefits of naval power such as disaster relief and regardless of public attitudes towards the military, then so be it. But if the answer is to selectively protest against the US and defense industry regardless of circumstance, well, that seems to be more of a futile gesture than a public education action.

The last thing the NZ Left needs to be seen as is silly and futile.

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Social origins of the Politically Absurd.

The 2016 US presidential election is a an existential crisis of American society politically manifest as a theatre of the absurd. The story line revolves around a clash of visions over what constitutes the preferred America. On one side is what could be called the “old” vision. The vision is “old” not only because it harks to so-called traditional values rooted in nostalgic reimagining of the 1950s, but because those who most ardently adhere to it are lower educated whites aged 45 and over who are or were employed in blue collar, service sector and small business occupations.

This vision privileges the dominance of white heterosexual christian male values. It is both laissez faire and  economically nationalist in orientation, patriarchal and socially insular in perspective, wary of “outsiders,” and believes in a natural order where rules are made to be obeyed without question. It prizes conformity and stability and respect for authority.

On the other side is a “new” vision. This vision is “new” because it is multiracial, multicultural, heteroreligious and secular, plurisexual, post-feminist, economically internationalist, global in orientation and polyarchical when it comes to power distribution, legitimate authority and social hierarchy.

In reality the two visions bleed into each other in specific instances to form a hybrid social orientation in many groups that is not as dichotomous or binary as it otherwise might be. I say “bleed” rather than “blend” into each other because the overlap and cross-fertilisation between the two social perspectives is not uniform or universally applied: Mexican American IT specialists may enjoy rap as much as Norteno music while dutifully practicing their Catholic faith and adhering to its moral codes, while middle aged white professionals  can find identity in the mores and practices of non-traditional cultures and religions while engaging in post-modern leisure pursuits.

The battle between the old and new perspectives began in the 2008 presidential election when a representative of the “new” vision, Barak Obama, took on an old white man, John McCain, for the highest office in the land. That continued in 2012 when Obama confronted another old white man, Mitt Romney, in his re-election bid. It continues today in the form of another “new” candidate, Hillary Clinton, facing yet another old white man, Donald Trump. Clinton may not be the archetypical “new” candidate as described above, but the mere fact that she is female is a break from the traditional mould.

For his part, Trump represents a grotesque caricature of the traditional alpha male, and in the absurdity of his candidacy lies the last gasps of a dying culture. In his sociopathic narcissism, his sexually predatory behaviour, his racism, bigotry and xenophobia, his abject greed, his pathological lying, his thin-skinned obsession with revenge, his insensitivity to others, his ignorance of basic economic, political, military and diplomatic facts, and in his adolescent resort to crude insults and derision as a weapon of last resort, Trump is the antithesis of the self-made, strong and independent straight-talking man on horseback. And yet, because he acts as if he were and the GOP and conservative media enabled his deception, those who embrace the “old” vision see in him a saviour. But they are wrong, for what he is to them and the culture that they cling to is an angel of death.

That culture is dying because over 45 year old lower educated whites have the highest rates of suicide, alcoholism and opiod addiction in the US, so they are quite literally leaving the mortal coil at higher rates than everyone else. That is not a demographic on which to base a presidential campaign and yet Trump and the GOP have dog whistled, incited, pandered and courted it as these people will live forever or at least until the mythical past can become the future once again.

The “old” vision will lose this election but it will not be its death rattle. Its adherents will fight against the king tide of social change with  the fervour of a drowning man, and some of them will become violent. The obstructionists in the GOP will do everything in their power to undermine the Clinton presidency, and they will front another “old” visionary in the 2020 presidential campaign. But regardless of what they do and how much they resist, the hard fact is that demographic, socio-economic and cultural change are irresistible forces that work against them.

They are doomed and within a generation they will be gone.

Note: I write this the day before the election simply to give my brief read on the broader context that explains why Clinton will win. Depending on how poorly the GOP does in the House and Senate races, the bloodletting within the Republican camp could be epic. That will be fun to watch.

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Many waka, one star to guide them: The Maori Party as a vehicle for Maori politics

When I started posting on this blog it was not my intent to do a party by party round up of NZ Politics (I originally wanted to focus on my areas of specialty in Asia, The Middle East and military matters) but once I started I found myself compelled to continue. I do want to look at the media and the body public a bit later but this post is the last in this vein until something interesting arises in the NZ political sandpit*.

This post has taken a while to write, mostly because there was not much to actually write about without straying into territory that was a lot deeper than I wished to go (something Chris Trotter noted recently in the media) but also because the subject in question, the Maori Party, has not been around as long as most of the other political parties and as such does not have as much of a history that people might want to read about in a blog post such as this.

But things have taken a turn recently and there has been a spate of activity within the party and the subsequent media focus, so suddenly there has been a lot more material to work with which means that a post I was putting off can now be completed.

To begin the recent outburst of media activity seems to relate to the party gearing up for the election in 2017 with the olive branch being extended to Hone Harawira and Mana, the Maori King saying he would not vote Labour and the party refusing to support Helen Clark’s bid for UN secretary general.

Whose behind all this seems to be Tukoroirangi (Tuku) Morgan, through his election as the president of the party. Morgan was previously an adviser to the Maori King (which goes a long way to explaining why the King might suddenly bag Labour in his speech) and his recent comments in the media about rebuilding the party and winning back all seven Maori electorate seats from Labour fit in nicely with the current tone of the messages the party is sending.
All of this is a clear signal that Labour won’t be able to count on the support of the Maori Party come the next election (something which John Key has welcomed) and that the party wishes to re-build the bridges with Harawira (something which Key has not welcomed) and that that the losses of Pita Sharples and Tariana Turia in leadership have not been made good with the addition of Tu Ururoa Flavell or Marama Fox.

And part of the problem with the party is leadership. Flavell and Fox have not really filled the shoes left by Sharples and Turia (at least not yet) and it looks like the task has fallen on Morgan’s shoulders to do the strategic thinking for them. It’s not that Fox and Flavell are doing a bad job steering the party’s ship but for a party becalmed in the polls and electorate there has to be more than a steady as she goes approach on the tiller**.

Currently the party has two MPs in parliament by virtue of Flavell winning the Maori electorate seat of Waiariki and bringing Fox in with him as a list MP. All of the six remaining Maori electorate seats are currently in Labour hands.

In the polls, the party has languished around the 1% mark for so long that they are now in the same position as Peter Dunne and United Future; reliant on a single seat in marginal circumstances for access to parliament.

Policy wise the party can claim to have had some successes with Whanau Ora programme and related funding aspects and while there have been some minor successes in respect to their other policy planks (health especially but also in housing, employment and family violence) these have yet to translate into either the general or Maori electorates, as increases in their polling.

Another problem is that there have been nearly a dozen different vehicles for Maori politics in the last 45 years. From Labour in the 80s (until the fallout over the economic reforms), to NZ First in 96 (when the scooped all Maori electorate seats), to the various splinter parties that formed out of the Tight Five when they left NZ First to a range of others (including representation in ACT and National (although how genuine these were is questionable)) which makes the Maori Party just the current vehicle in a long list of vehicles for representing Maori in Parliament.

So at this time Morgan’s actions to beef the party up are definitely needed but have yet to show any fruit.

Nothing seems to have come out of their overtures to Mana (and given Hone Harawira’s dislike of National and the Maori party’s alliance with them as well as the internal squabbles which lead to him leaving and forming Mana (now dead in the polls after its bizarre alliance with Kim Dotcom) it seems that the band will not be getting back together soon.

The attacks on Labour also may yet backfire given that the majority of the Maori electorate seems to prefer Labour to the Maori Party at this time and how much influence the Maori King has is not currently clear. Perhaps in time his words will have an effect but the issue may be less the message and more the medium (the King) as in other countries, royalty usually tries to appear neutral or apolitical for good reason (that being that once you choose sides its somewhat hard to reverse position and if your horse does not win, then you no longer have friends in the big house).

So 10 out of 10 to Morgan for taking action but minus several million*** for not thinking things through because the real issue, which seems to have dogged the Maori party is somewhat the same as the situation into which they have put the King; that being a partisan one.

The formation of the Maori Party was in direct relation to Labour’s Foreshore and Seabed Legislation in the mid 2000’s and the party remained in opposition until National took power where it decided to throw in its lot with them. This lead to the party getting into government (a definite success) and the previously mentioned policy successes but at the cost of playing the partisan card.

In the case of the other political parties such partisan antics are normal and can be suspended when there is general common ground (the recent security and intelligence legislation is a good example) but since the Maori party is formed around a defined racial and not political core this has issues.

As the parties own goals/kuapapa state, the project of the party is to represent all Maori and to respect all parties but in these circumstances, by coming out swinging at Labour, they have done just the opposite. This is not likely to resonate well with any Maori who have voted Labour (or Green or even NZ First) in either the Maori or general electorates.

And with 16% of the population identifying as Maori and the party’s own 1% polling this means that there are more people this message will drive away than appeal to.

The party’s siding with National has never sat well with many people and Sharples and Turia have defended it in the past by pointing to the successes they achieved only by being in parliament, something which I agree with, but by playing such a partisan position now and signalling no future co-operation with Labour they have (whether they believe it or not) just shifted the party out of the middle and well towards the right.

Now there is no valid argument for saying that National is anti-Maori but it would be hard to defend the range of National government policies which have had negative outcomes for Maori in both the current and previous National Governments.

Conversely there is no real argument to say that Labour is pro-Maori but the biggest bone of contention between Labour and Maori seems to be the previously mentioned foreshore and seabed issue and the biggest reservoir of angst over that seems to be the Maori party itself rather than the Maori electorate.

In short Tuku “underpants” Morgan may have just cut the Maori Party’s throat in a well-meaning but ultimately suicidal plan to bring the party back to life. The party currently lives on Flavells single seat alone and I would bet my bottom dollar that Labour will be campaigning hard in that electorate in 2017 to remove it from him seeing that there is no room for compromise in the other camp.

So come the 2017 election we may see the Maori Party waka run aground on rocks that were on the chart but ignored due to hubris or bad captaining. The problem being that in and of itself the party was one of the better vehicles for bringing Maori issues into parliament than many of the others. The star to which they all steer is always the same but the vehicles do not seem to be able to complete the voyage.

*-knowing my luck probably sooner rather than later.

**-Yes I was trying to pack in as many nautical metaphors as possible.

***-Zaphod Beeblebrox in Hitchhikers Guide to the Galaxy

 

 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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On the importance of woke whiteys (to other whiteys)

New Plymouth mayor Andrew Judd announced this week that he would not seek re-election, due to the abuse he has received after his campaign to introduce a Māori ward representative to the New Plymouth District Council. You can hear his interview with John Campbell here.

Nobody deserves to be spat at on the street. The tragedy is that the spitters, of insults and of phlegm, don’t realise what a favour Andrew Judd has done them.

Much has been made of the favour that Judd’s stand has done for Māori. But two Māori candidates for that council have said Judd needs to go further. They rejected his call for a Māori ward, but they believe he should stand by his convictions and keep fighting. Māori do not have the privilege of walking away when it all gets too uncomfortable.

Bill Simpson: “If Mr Judd was Māori, and he came up with the same issues, do you think this would be publicised as strong as it is now?”
John Campbell: “My honest answer is probably not.”
…
Simpson: “Maori have been saying what Mr Judd has been saying for a number of years but no-one has actually paid attention.”

This is typical of the Indigenous experience: their histories, their stories and their lived reality is disregarded until it can be corroborated by white folks, and often not even then. It all goes double for women and other power minorities.

It’s not new, or isolated. White society systematically disregards Indigenous views, and not just for contentious, contemporary stuff. In 2003 Australian university researchers led by Heather Builth demonstrated using geographical, chemical and computer analysis that the Guditjmara people of what is now called southwestern Victoria had, for about 8,000 years, constructed and maintained a vast system of weirs and canals to farm eels. Eel farming is something modern societies struggle to do effectively, and 8,000 years is a long time ago — roughly at the same time as humans first domesticated chickens. This was an achievement of incalculable value for hundreds of generations, not only the Guditjmara, but also their trade partners and the other mobs who adapted the technology for use in their own country. But its very existence needed to be anointed by the proper authorities before it would be recognised. Guditjmara man Ken Saunders:

We weren’t nomads. We didn’t wander all over the bloody place and gone walkabout. We had an existence here … Well you couldn’t have a blackfella telling that story. So to prove it we had to have a white person doing the scientific research to say this is real

The dynamic is insidious. In Aotearoa we have come a long way from the bad old days of being caned for speaking te reo Māori, changing names and trying to pass for Pākehā, and most of that progress has not been due to the efforts of woke honkeys, but by the dogged struggle of Māori swimming against a white tide. But little gets done in New Zealand without at least the acquiescence of the dominant White society, because white society only listens to itself. And so it often takes people like Andrew Judd and Heather Builth to usher these contraband discussions past the sentinels of public discourse.

I used to write a lot about this sort of thing, but I have no real standing to talk about this stuff, except that I am Pākehā, and therefore less easy to write off as another crazy radical. It’s easy for woke whiteys to pat ourselves on the back for and doing those poor brown folks a favour, bestowing our privileged advocacy on them, but the only way it works is if we talk to ourselves. Indigenous people are better at fighting their own battles than we are. But because little happens without our acquiescence, there is a role for woke whitey race-traitors working to change our own people.

So from my perspective, Judd’s stand is of greater benefit for other Pākehā than it is for Māori. As I wrote earnestly in 2011, honouring the Treaty is not simply about doing what is right for Māori, but about white New Zealanders honouring our own principles and standing upright on this ground that we occupy.

So it’s really very simple: as Tau Iwi, if we live here in Aotearoa, we have an obligation to do our bit in ensuring the Treaty gets honoured. Because to the extent it remains unhonoured, we’re in breach of the only thing which grants us any enduring legitimacy, the only agreement which gives us a right to be here. One of the basic, fundamental principles of the English civil society which Hobson represented, and which New Zealanders continue to hold dear today is the notion of adhering to one’s agreements; acting in good faith. In fact, Hobson’s instructions were to deal with the Māori in good faith as equals. … I’m Pākehā, and even if those other pricks won’t live up to their own declared standards, I want to honour my agreements, and those of my forefathers; and those made by people from whom I’m not descended but from which my 20th-Century immigrant grandparents benefited. This Pākehā, at least, pays his debts.

Andrew Judd is a good model for this. I am not. I had the fortune to be brought up by a mother who lived with Māori and grew biculturalism into our bones, and I have never been properly able to grok people who think the Treaty is a farce, that bygones should be bygones, or that Māori should just be more like “us”. Judd came to it as an adult with his eyes open to the monoculture that grudgingly permits biculturalism to exist, and he tried to change it in a meaningful way.

Another good model is Race Relations Commissioner Susan Devoy, who was roundly mocked (including by me) as a part-timer with no credibility for her role, but who has repeatedly proven her ability to learn and own the job. These are the people white New Zealand needs: people who know that insidious racism isn’t just a redneck thing, or a Tory thing, or a South Island thing, but something intrinsic to society that is, nevertheless, curable by honest engagement with the historical facts. The people who hold these views are, by and large, just ordinary decent folk afflicted by banal prejudice and ignorance about the realities of a divided society.

White Aotearoa is right, in its way: these divisions harm us. New Zealand would be a better country without racism, without the poverty and crime and dysfunction that results from racism and from the systematic exclusion of a small but growing proportion of our people from full access to education, healthcare, prosperity and influence. Quite apart from the value of basic justice, there are more measurable benefits: the greatest gains begin from a low base, and there is a vast opportunity for Aotearoa’s underprivileged and under-utilised Indigenous people to make enormous economic, cultural and intellectual contributions to the nation. Some already do, and what a difference it makes.

Judd’s bid to ensure Indigenous representation on the New Plymouth District Council failed, and it seems certain that even were he to stand for re-election he would be beaten, because what Mike Hosking said is basically true: he is out of touch with middle New Zealand, and thank goodness! Middle New Zealand is wrong, and it needs to be told so by people whose views it cannot dismiss out of hand. Judd has showed White Aotearoa a way forward. Not an easy way, but an honest way to be true to ourselves, and we owe him our thanks.

L

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A culture of tax evasion.

I do not understand what the fuss is all about when it comes to John Key and the revelations in the so-called “Panama Papers.” So what if he and other Kiwi high rollers shield their incomes and assets from the IRD in assorted trusts, funds, investments and even shell companies? Isn’t it an axiom of capitalism that, as Donald Trump has openly stated, you try to avoid as much tax payment as possible? Forget all this nonsense about “paying one’s fair share of taxes.” Only rubes and idealists do that. Everyone else tries to minimise their tax exposure and the rich pricks just do so on a grander and more elaborate scale.

I say this because the entire NZ economy is riddled with tax avoidance. One of the things that struck me after I moved to NZ is the amount of cash transactions that are done with the explicit intention of avoiding tax. Almost every single tradesperson I have dealt with in the course of my time here has proposed a cash transaction that avoids GST, but more importantly, avoids traceable electronic or paper (cheque) financial transfers. And the offers of non-GST cash transactions are done without shame or concern; it is just part of doing business for many people and everyone knows it and acts accordingly based on their own circumstances.

If what I have seen in the small business trade and service sector is any indication, then it is reasonable to expect that such attitudes percolate upwards into larger corporate structures and repositories of wealth. Since these are too big to hide in a cash-only parallel market, the next best thing is to engage in tax evasion and income-hiding schemes whose complexity is based upon the ability of the tax authorities to uncover them. The move to off-shore trusts and the like is simply a matter of keeping one or two steps ahead of the law and three steps ahead of enforcement mechanisms. If those in government choose to structure the financial regulatory regime in such a way that it keeps the holders of wealth five to ten steps ahead of the tax authorities then, well, you get what you vote for.

The difference between the approach of NZ high and low rollers when it comes to tax evasion is in scale, not kind.

This is one reason why I believe that the Transparency International rankings that have NZ listed among the top three least corrupt nations on earth are rubbish.  Add to that the nepotism, cronyism, shoulder-tapping, sinecure swapping and insider trading of everything from personal and professional favours to board directorships to stock shares, and the picture of NZ is far less rosy and far more, let us say, “pragmatic.”  I am particularly critical of the TI indexes because not only are they mostly based on reputational analysis (mostly offered by those who stand to gain from gaming the system), but because I participated in a TI survey of NZ’s intelligence and defense forces and saw my scores (and those of some others) pretty much discarded in favour of higher scores offered by insiders that led to an overall TI assessment that NZ has the highest standard of professional integrity amongst the defense and intelligence services in the Asia-Pacific.

Even so, I am one of those who are a bit idealistic when it comes to taxes. I understand the concept of public goods and therefore comprehend the rationale behind taxation. In NZ I pay tax more readily at a higher rate than I did in the US because, among other things, I am not paying to support a huge war machine that in turn serves the interests of a taxpayer subsidised military-industrial complex. As a small business owner I feel the burden of taxation more heavily and immediately than the corporate moguls that run the nation’s largest firms and whose bottom lines rest on minimising two things: their tax liabilities and their labour force wage bills. Yet I try to believe that I am contributing my small bit towards maintaining a high standard of public education, health and welfare that will lead to future generations of productive and happy citizens (although my experience with NZ academia suggests seriously diminishing returns in that sector, and I have serious doubts that overall heath, education and welfare outcomes are on the rise rather than in decline as a result of nearly a decade of National government public policies).

In spite of these misgivings, I remain a residual idealist and want to believe that my contributions, when taken collectively with those of others, matter for the present and future well-being of NZ. But I do not expect others to share the same hopelessly naive view of how the systems works, and I therefore do not begrudge them trying to dodge the taxman as much as possible. Because in a country where market-reifying ideologies reign supreme in virtually every facet of life, only a fool like me would think that paying taxes is anything but state-imposed theft levied on the productive in order to buy the acquiescence of the parasitical. I know this to be true because National, ACT and certain elements in Labour tell me so, and who am I to argue with those who dominate our economic, political and social narrative?

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Media Link: Brussels’ heart of darkness.

I wrote a short opinion piece in the Herald outlining some of my thoughts about the Brussels terrorist attacks. Unless the root causes of the problem are addressed, there will be no end to them. Even if they overlap in the form of foreign fighters, those root causes primarily reside in the disaffection and alienation produced by socio-economic and cultural grievances at home rather than in the conflicts of the Middle East. The solution is to be proactive as well as reactive to the threat posed by domestic radicalisation, and that involves social reform as well as better human intelligence collection in the communities from which home-grown jihadists emerge.

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Too Clever.

The TPPA signing came and went, as did the nation-wide protests against it. I did not think that the government was going to be swayed from publicly commemorating what it considers to be the crown jewel of its trade-dominated foreign policy, but I had hoped that the numbers turning out to protest would add up to more than 100,000. At least that way the government could be put on notice that a sizeable portion of the electorate were unhappy about the surrender of sovereignty to corporate interests enshrined in the 6000 page text. Alas, the numbers assembled came nowhere close.

One interesting sidebar was the decision to stage a parallel protest at the Sky City complex  rather than join with the larger protest march down Queen Street. The specific objective of the Sky City protest was ostensibly to use so-called non-violent direct action (NVDA) and other acts of civil disobedience to block the streets surrounding the gambling complex. In the build up to signing (and protest) day the leaders of the two rival demonstrations publicly debated and largely disagreed on the merits of each. The Queen Street march organisers were concerned that any pushing and shoving at Sky City would feed into the government’s narrative that the matter was a law and order issue (following reports that the police had conducted riot control refresher training and door knocked activists warning them about the consequences of unruly acts). The leaders of the Sky City blockade argued that peaceful marches were simply ineffectual and were ignored by policy-makers. As it turns out, both were right.

The Sky City protesters, some of whom showed up in helmets and assorted face coverings, were forcibly prevented by the Police from effectively shutting down access to and from the venue and surrounding areas. The activists responded by engaging in a series of rolling blockades of major intersections, including the Cook Street on-ramp leading to the Harbour Bridge and Northern Motorway. This continued well after the signing ceremony was over and while the Queen Street march was still in progress. That had the effect of causing gridlock in the Auckland CBD.

Coincidentally or not, there was a bus strike that day. Although Auckland Council allowed its employees to work from home, many other entities did not. That meant that people who normally used buses to get to work had to use alternative transportation, including cars. That added to the number of cars on Auckland inner city roads at the time of the rolling blockades. Needless to say, motorists were not happy with the seemingly random temporary road closures in and around the CBD.

That is why things got too clever. As a tactical response to the police thwarting of the initial action, the move to rolling blockades was ingenious. But that bit of tactical ingenuity superseded the strategic objective, which was to draw attention to the extent of TPPA opposition. In fact, it appeared that the Sky City activists were trying to outdo each other in their attempts to make a point, but in doing so lost sight of the original point they were trying to make. After all, blocking people from leaving the city after the signing ceremony was over was not going to win over hearts and minds when it comes to opposing the TPPA. Plus, it displayed a callous disregard for the motorists affected. What if someone was rushing to a hospital to be with their badly injured child or terminally ill parent? What about those who needed to get to work on time so as to not be docked pay? What about cabbies and delivery people who earn their livings from their vehicles? None of this seems to have factored into the blockader’s minds. Instead, they seemed intent on proving to each other how committed they were to causing disruption regardless of consequence to others.

I have seen this before in other places, most recently in Greece, where anarchists and Trotskyites (in particular but not exclusively) infiltrate peaceful protests and engage in acts of violence in order to provoke what are known as “police riots” (a situation where isolated assaults on individual police officers eventually causes them to collectively lash out indiscriminately at protesters). Fortunately, NZ does not have the type of violent activist whose interest is in causing a police riot. Unfortunately, it has activists who seemingly are more interested in establishing and maintaining their street credentials as “radicals” or “militants” than using protest and civil disobedience as an effective counter-hegemonic tool. So what ended up happening was that the Sky City protestors were portrayed by the corporate media and authorities as anti-social misfits with no regard for others while the Queen Street march was briefly acknowledged, then forgotten.

On a more positive note, Jane Kelsey has to be congratulated for almost single-handedly re-defnining the terms of the debate about TPPA and keeping it in the public eye. As someone who walks the walk as well as talk the talk, she was one of the leaders of the Queen Street march and has comported herself with grace and dignity in the face of vicious smears by government officials and right wing pundits lacking half the integrity she has. I disagree about the concerns she and others have raised about secrecy during the negotiations, in part because I know from my reading and practical experience while working for the US government that all diplomatic negotiations, especially those that are complex and multi-state in nature, are conducted privately and only revealed (if at all) to the public upon completion of negotiations (if and when they are).

For example, the NZ public did not get to see the terms of the Wellington and Washington Agreements restoring NZ as a first-tier security partner of the US until after they were signed, and even today most of their content has been ignored by the press and no protests have occurred over the fact that such sensitive binding security arrangements were decided without public consultation. More specifically with regards to the TPPA, no public consultations were held in any of the 12 signatory states, and in the non-democratic regimes governing some of those states the full details have still not been released. Even so, I do think that it was a good opposition ploy to harp about “secrecy” as it simply does not smell right to those not versed in inter-state negotiations. In any event, what Ms. Kelsey did was exactly what public intellectuals should be doing more often–informing and influencing public opinion for the common good rather than in pursuit of financial or political favour.

I would suggest that opponents of the TPPA focus their attention on the Maori Party and its MPs. The Green Party’s opposition to TPPA is principled, NZ First’s opposition is in line with its economic nationalism and the Labour Party’s opposition is clearly tactical and opportunistic (at least among some of its leaders). So the question is how to wrestle votes away from the government side of the aisle when it comes to ratification. Peter Dunne and David Seymour are not going to be swayed to change sides, but the Maori Party are in a bit of an electoral predicament if they chose to once again side with the economic neo-colonialists in the National government.

For all the sitting down in the middle of public roadways, it may turn out that old fashioned hardball politicking may be the key to successfully stymying ratification of the TPPA in its present form.

Now THAT would be clever.

 

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This is not the discussion you are looking for

“They are so many, and our country is so small. Where will we find space to bury them all?”

— Finnish soldier during the Winter War, 1939

“We have won just about enough ground to bury our dead.”

— Red Army general during the Winter War, 1940

With their horrendous Chinese housing investment analysis Labour hoped to start a discussion. Well, they’ve done that. For 11 days until yesterday, the story led, or nearly led the news. The question is: are they happy with the discussion they’ve started?

They may really have wanted a discussion about race, dressed up as a discussion about housing, or they may have genuinely wanted a housing discussion with a slight racial frisson. Regardless of their hopes and ambitions, the party at this point has to have a long, hard look at their choices, for in reality, they’ve had neither of these two things. What they have had is an excruciating public discussion about one of the most boring and alienating topics it is possible to imagine: research ethics and methodology. For eleven straight days, during most of which time they had the agenda to themselves because the Prime Minister was out of the country, Labour has unsuccessfully defended its commitment to good social science practice.

Unsuccessfully, because yesterday, 11 days on, an increasingly frustrated Labour leader was still defending the data. “This is how the debate gets out of control,” said Andrew Little to Patrick Gower — and for once, he was right. “The Auckland housing market is not a morality play,” said housing spokesperson Phil Twyford, and he was right, too, but that’s all anyone has been talking about for 11 days.

Earlier in the day the party’s statistical guru Rob Salmond
half-arsedly apologised, on the fourth page of comments on a blog post, for misrepresenting three of his most rigorous methodological critics in a column published in the Sunday Star Times, which is read by somewhere north of 100,000 people. Three critics — Keith Ng, Tze Ming Mok, and Chuan-Zheng Lee, all of whom just happen to be Chinese, and who seem, horrifyingly, to have been misrepresented so as to give Labour the ability to say “look, we can’t be racist, here are these three Chinese people who agree with us!”

This is a horror show. Quite apart from giving unreconstructed racists an opportunity to pretend outrage, and appropriative neo-colonialists grounds to go around trumpeting about the coming race war, Labour has spent 11 days debating the definition of “is”, losing, and looking like mendacious buffoons into the bargain. Quite apart from the vileness of this exercise, it has been handled even more badly than I have come to expect.

They need to just stop. There is no ground to be won by these means, and further fighting will mean more dead to bury. The only poll since the announcement has them effectively stagnant, following a poll taken mostly before the announcement, which had them well up. Pretending nothing is wrong with their work, that their high-minded-if-admittedly-risky project has been hijacked by a mendacious media and the leftist-liberal fifth-column is no kind of strategy, even if it were true. The keys to the twitter accounts need to be taken away and, as much as possible, a dignified silence maintained. Go away and get some evidence, find a way to return the discussion to the issue of housing prices and non-resident investment, because those are serious issues about which we deserve a serious discussion which Labour’s delusional incompetence has rendered impossible.

L

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Guest Post by Kate: Human Rights are Universal.

On returning this week from his trade mission in the Middle East, John Key stated on Breakfast TV that countries such as Saudi Arabia have views of human rights that are “different” from our own, justifying the government’s decision to exclude human rights issues from any trade agreement that New Zealand is able to secure in the region. That is putting it rather mildly. Saudi Arabia has one of the consistently worst human records in the world. While the mainstream media is quick to focus in on a discriminatory gender regime that bans women from driving and requires them to be covered from head-to-toe, such problems pale in comparison to the treatment of the foreign workers who make up at least a third of the country’s population, or the torture, imprisonment, and death sentences handed down to Christian converts, human rights workers, activists, journalists, and other critics of the ruling elite. Unlike the distinctly Saudi approach to gender relations, it is difficult to see how the Saudis themselves could seriously attempt to justify such severe human rights abuses in religious or cultural terms.

What is especially surprising about the Prime Minister’s statement is that, if he genuinely believes that Saudi Arabian understandings of human rights are “different” rather than simply wrong, this would put him far over on the fringes of moral philosophy into the cultural relativist camp. This is a space occupied only by academic extremists who have followed the logics of social constructionism to their absolute and final conclusions (i.e. there is no such thing as truth, which makes it rather hard to speak truth to power as many of these theorists seem to want to do), or a small minority on the extreme right, which proposes that liberal values can only ever be achieved in supposedly superior Western cultures. Sticking to this line of argument means that anything whatsoever can be justified in cultural terms to the point where, essentially, nothing practised by any society at any point in history can be criticised at all. What strange company for a Mr. Moderate who usually tries to avoid coming to any conclusions that could undermine his apparently undying popularity to be found in.

Furthermore, this is not the generally shared understanding most reasonable people have of these issues. In fact, New Zealand, along with just about every other country in the world, is a signatory to the Universal Declaration of Human Rights, adopted in the wake of the horrors of World War Two and aimed at establishing a basic set of rights and liberties that countries should do their very best to uphold. Least it isn’t clear from the title of the Declaration, most of the world believes that human rights are universal, Mr. Key, not particular.

Saudi Arabia, by the way, does not accept these principles, rejecting the Declaration on the grounds that guaranteeing freedom of religion would be detrimental to the country’s own traditions, and that its own version of Islamic law supposedly upholds a higher threshold of human rights than this or any other international agreement. By far the more important point, however, is that New Zealand is itself a signatory to the Universal Declaration, which not only obligates us to ensuring that we uphold basic human rights within our own borders, but also to promote human rights abroad.

Yet when it comes to trade agreements, the explicit approach adopted by both recent centre-right and centre-left governments has been to exclude human rights from the negotiating agenda. This puts us at odds with the other members of the international “club” we belong to, to use another of the Prime Minister’s terms. Based on academic research, the World Trade Organization states that about 75 percent of contemporary trade agreements include human rights clauses, whether binding or non-binding, driven largely by the human rights promotion agenda of Canada, the European Union, and yes, the United States. It obviously cannot be assumed that these clauses always lead to substantive improvements in human rights outcomes, but they are a start.

The real reason behind both National and Labour’s exclusion of human rights concerns from the negotiation of trade deals is two-fold. Firstly, to state the obvious, New Zealand is very small in global terms, and thus cannot exercise much leverage over larger countries in the Asia and the Middle East. When countries are dependent on us for aid, absolutely do we try to influence human rights, most notably in the Pacific (which also occasionally invokes issues of culture and human rights that I don’t intend to get into here). Realistically, if we are to incorporate human rights concerns into our trade relations framework, this might more successful if done through multilateral arrangements—yet is it difficult to see human rights becoming a major concern of the kind of multilateral trade deals that New Zealand has wedded itself to, such as the Trans Pacific Partnership.

Secondly, the bipartisan approach reveals not only a deep ideological commitment to free trade that is not necessarily shared by other developed countries, in which the influence of large protectionist interest groups often moderates that stance, but a rather naïve belief that trade deals and trade relationships can be separated from everything else. Despite good empirical and historical evidence that trade cannot be viewed independently from other aspects of foreign policy, we do this with regard to our security relations, in which government officials cannot see the long-term problem emerging out of the contradiction between an Asia-oriented trade policy and a Five Eyes-oriented security one, and we also apparently do it when it comes to more noble causes.

So herein lies the hypocrisy not only of our current leadership, but all those sectors of our community who stress trade above all other national goals. We tend to have a rather rosy view of our country not only as an independent voice in the international arena, but as a progressive force in the big wide world. We ban nuclear ships and we save whales. We were the first to give women the vote and at least some of protested against the Springbok Tour. We think we deserve a seat on the Security Council because we are nice (alternatively, to carry on the theme, there are those who no doubt think it will help us out on the trade front). Not caring—or pretending not to care— about the worst instances of human rights abuses, however, not only threatens to undermine this aspect of our national identity, but undermines both our reputation and potential as a global player that punches above our weight on moral issues.