Category: Politics

Posted on

Who are the next generation of NZ Left Thinkers?

I almost choked on my chardonnay when I read over the weekend a quote from Chris Trotter stating that Bomber Bradbury represented the future of NZ Left thinking. Martin is a genial enough, alternative-minded, progressive niche market entertainer with strong opinions, generally good intentions and a decent grasp of current affairs. But Chris must have dropped an E to be that generous in his assessment of Bomber’s contributions to NZ’s Left intelligentsia. He also mentioned Jordan Carter as an up-and-coming Labour strategist, which seems to be less a product of party drug induced rapture and more of a wide-spread consensus amongst Lefty consignieri (and Labour Party consiglieri) about Jordan’s talents as a party strategist.

That got me to thinking about who are the next generation of NZ’s Left thinkers. I have had a fair share of young progressives pass through my classes while engaged in university teaching in Aotearoa (including, I believe, both Jordan and Bomber), which makes me wonder who in the under 40-generation will inherit the mantle that Chris, Matt McCarten, Laila Harre and very few others currently represent (not that I think that the over 40’s are finished in terms of their contributions to activism and Left political thought–it is the future of the ideological school that has been piqued in my mind by Chris’s comment). Note that I am not thinking exclusively of activists, academicians or politicians, and am trying to get an idea of the wide swathe of young Left thinkers that may be out there.

I of course am biased in favour of my colleagues here on KP Anita and Lew, who I think represent the sharper edge of Left-leaning bloggers. Idiot Savant is another blogger who seems to fit the bill, as do some of the authors at The Hand Mirror, and some of the folk over at the Standard exhibit intellectual depth beyond their obvious partisan ties. Bryce Edwards might be one who straddles the gap between blogging and academia (although truth be told, I know little of Bryce’s scholarly writing and am quite aware that there are very few quality Left academicians in NZ social science departments–most are po-mo or derivationist navel-gazing PC knee jerkers with little to offer by the way of contribution to modern Marxist, neo-Marxist or post-Marxist debates). There are bound to be young Maori who can contribute to future Left debates from more than a reflexive, grievance-based perspective. Of the neo-Gramscians, Kate Nicholls is a personal favorite of mine, but I am too close to her to be fully objective. For their part, I do not think that Stalinist or Trotskyites represent the future of NZ Left praxis, much less thought.

The issue is important because unless the NZ Left can rejuvenate itself intellectually and separate its scholarly tradition from the base practice of partisan politics and street-level activism, then it will cede the field of reasoned debate to the intellectual Right, something that in turn will have negative consequences for the overall prospects of progressive change in the country. In other words, the Left needs to reproduce itself intellectually as well as politically if it is to compete in the market of ideas that in turn influences the way in which the very concepts of politics, citizenship, rights, entitlements and obligations are addressed.

I therefore pose the question to KP readers: who would be on your short list of young NZ Left intellectuals who represent the future of progressive thought in Aotearoa?

Posted on

Expecting too much from the Tunisian crisis.

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

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

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

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

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

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

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

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

Posted on

A PRC Fifth Column in NZ? (With Updated Links)

In early December the New Citizen Party registered with the Electoral Commission and declared its intention to contest this year’s elections, starting with the Botany by-election caused by Pansy Wong’s resignation in disgrace from Parliament. Taking a page from the Maori Party, the NCP declared that it would be a vehicle for the representation of new, mostly Asian, migrant’s interests in the NZ political system, interests that are not fully given voice within extant political parties. With an emphasis on economic policy and law and order issues, the NCP proposes to represent not only mainland Chinese migrants, but also Koreans, Taiwanese, Japanese, Singaporeans, Indians, non-native Whites and even Maori and Pakeha (i.e. the Botany demographic). That will be a tall order.

The announced leaders of the NCP include Jack Chen, who was involved in the Chinese takeover bid for Crafar Farms (as a representative of Natural Dairy NZ, a subsidiary of the Chinese government controlled Jin Hui Mining Corporation); disgraced Labour Party candidate Stephen Ching (who solicited bribes for political favours in 2005); the pro-PRC Chinese-language newspaper editor Jerry Wen Yang; and Paul Young, who is also of Chinese descent and a principle of Asia Marketing and Advertising Consultants (Mr. Young handled the registration process and has said that his role as NCP Secretary is a temporary formality in order to meet legal requirements, and that he will stand down once the party leadership is finalised. As it turns out, he is NCP candidate for Botany). Although unconfirmed, there are reports that Sammy Wong, Pansy Wong’s husband and the cause of her demise by involving her in a commercial transaction during a taxpayer trip to the PRC, is part of the NCP leadership or at least involved in its strategic decision-making and financing.

In early January the NCP leadership, minus Mr. Young, met in Beijing to discuss a strategy for winning the by-election and to chart a course for its campaign this year. Holding a major party meeting in a foreign capital is interesting enough, because it shows an overt connection with the PRC that is bound to raise eyebrows in some circles (which is a tame reaction by comparison–some democracies forbid the funding, meeting  and sponsorship of political parties in and by foreign powers). What is more interesting is the question of whether the connection to Beijing is more intimate than the NCP has revealed to date, and extends beyond the usual business links that all political parties cultivate in order to peddle influence and financially support their activities (although the direct connection to a foreign government and/or corporations would be a a step beyond what is the usual course of affairs in NZ business-political party relations).

Under MMP, people have a right to organise a political party as they see fit, and as far as I can tell there are no prohibitions on such parties being organised and funded by foreign agents. But there remains the question as to whether the NCP is not so much a vehicle for the representation of new migrant’s interests in the NZ political system as it is a front for PRC economic interests and a means of political influence-mongering and intelligence gathering. In other words, is the NCP a PRC fifth column?

The reason this question must be asked is that, given its disadvantages in Signals (SIGINT) and Technical Intelligence (TECHINT)-gathering capabilities,  the PRC invests heavily in the ethnic Chinese diaspora for human intelligence gathering work. Using business, student and permanent resident visa schemes in targeted countries, the PRC places intelligence-gatherers in places where they can collect tactical as well as strategic intelligence using a variety of means. It also uses monetary incentives to curry favourable attitudes amongst local elites, all in the interest of furthering PRC strategic objectives in the country in question. Such activities have been amply evident in places such as Fiji, Papua New Guinea, Tonga and the Cook Islands, as well as regional organisations such as the Pacific Island Forum.

All of this is well known to Western security agencies and measures have been implemented to monitor, if not counter PRC initiatives in that field. But what if the PRC were to secure political representation in a foreign government via open electoral contestation within the limits of the law? NZ has already seen a case where a cabinet minister (Wong) was influenced by an individual (her husband) with direct and close connections to the PRC regime. Although her portfolio was not strategically sensitive, she did attend cabinet and caucus meetings where more sensitive issues of national and party policy were bound to have been discussed, and it is not improbable to think that her pillow and dinner table talk with Sammy Wong might involve some of those issues (note that I am not saying that Mrs. Wong would necessarily have any idea that Sammy Wong was a PRC agent if he were one. What I am saying is that the appearance of a conflict of interest extends beyond the use of taxpayer dollars to pay for her travel when on private business on her husband’s behalf, and that may be the more serious reason why she was forced to resign).

If the PRC has direct involvement with the NCP, an electoral victory by the latter would raise the possibility of its entering into coalition with one of the major parties, most likely the party in power. That would give it direct access to NZ government policy deliberations, privileged information about business and security matters as well as offer a means of extending its influence directly into the NZ cabinet. This may or may not be a bad thing, depending on one’s perspective. But the question has to be asked whether Kiwis would accept similar direct US, Iranian, British, Afghan or Australian influence in government decision-making even if it did not involve adversarial intelligence-gathering. Judging from the reaction to revelations in wikileaks cables that some NZ citizens in positions of power provided “insider” information to the US embassy in Wellington, one would suspect that the answer is “no.”

The (hypothetical) situation of the NCP being used as a PRC front with intelligence-gathering duties within parliament is made all the more interesting by recent changes ordered by the National government with regards to the SIS spying on MPs. The result of the scandal caused by revelations that the SIS spied on Green MPs for decades, John Key ordered that the SIS no longer spy on MPs. That means that a NCP MP working for the PRC could conduct his or her intelligence-gathering activities with relative impunity unless there are provisions in the revamped domestic espionage and counter-espionage charter that specifically provides for exceptions to the no-spying-on MPs rule. But if the exception is invoked that could undermine broader counter-intelligence efforts with regards to the PRC. The conundrum produced by this hypothetical but potential scenario, in other words, is quite exquisite.

Less people feel that these questions are occasioned by racial or ethnic bias, let it be clear that it is not. The questions refer to the PRC, an authoritarian regime, and not to the Chinese or any other ethnic group. As mentioned in a previous paragraph, the same questions could be asked of local political parties directly controlled or overtly influenced by any other foreign power regardless of regime type. So the issue is about who controls the NCP as opposed to who ultimately will represent it.

Bringing the issue up may seem provocative and perhaps un-PC, but given the Beijing meeting, the people currently in NCP leadership positions and given the PRC’s modus operandi when it comes to deploying intelligence assets and extending its influence into foreign governments, it needs to be raised.

In light of the above, for its own sake and in the interest of democratic transparency it behooves the NCP to open its books and reveal its links (should they exist) to the PRC, directly or indirectly. It behooves the NCP to make clear where its loyalties lie and to disprove apriori the suspicion that it may be working as a foreign-backed front in the NZ political system. And given that the Botany by-election will be held in less than two months, that process of proactive accountability needs to begin now.

UPDATE: Since there is some debate as to how I came to my speculation in this post, here are a couple of links that detail PRC intelligence-gathering characteristics: http://www.stratfor.com/node/156898/analysis/20100314_intelligence_services_part_1_spying_chinese_characteristics

and : http://www.stratfor.com/weekly/20110119-chinese-espionage-and-french-trade-secrets

Upon reading the links, does my conjecture still seem crazy (or bigoted)?

Posted on

Playing the denial and diversion game (with updated link).

In the aftermath of the Tucson shooting, it has been unsurprising but nevertheless amazing at how the US media Right and other conservatives have rushed to deny any linkage between the shooting and the political climate of the moment. Even some of the usually smart contrarian commentators here at KP have been quick to join the chorus claiming that this attack was just the work of a lone nutter. But let it be clear: even if the killer has clear psychological issues, he chose a political target rather–as in the case of other mass killings by mentally disturbed individuals in the US in recent times–random strangers or family members. For that reason alone, the Tucson massacre is a politically-motivated crime regardless of the Right trying to deny it, and the proof of that is the federal indictments against Mr. Loughner.

Confronted with the obvious–that the vicious political discourse of recent times, a discourse rabidly promoted by conservative media outlets, internet commentators and political demagogues, has set the stage for an inevitable act of armed violence on the part of someone who shares, however partially and incoherently, the world view of the reactionary Right–the media Right and its political acolytes have turned to the tried and true tactic of deny and divert.

First, they deny that the shooting was a political act but instead was just an act of lunacy. These are the same media types who immediately saw world Jihadism behind the rampage conducted by Major Nidal Malik Hasan at Fort Hood. They are the same people who describe murderous anti-abortionists as people of conviction led astray by the strength of  their beliefs, and who claim that the Oklahoma City bombing was conducted by some loser social misfits. The flatly refuse to acknowledge the context in which these attacks occurred, and they flatly refuse to accept their share of responsibility for fomenting an atmosphere of partisan hate and violence. In a country that has seen its popular culture debased and vulgarised to the point that gratuitous violence is a mainstay of popular entertainment and an attitude of insolent disrespect has become a norm in inter-personal exchange, such incendiary posturing does nothing more than provide an accelerant for those who are already disposed to act out in violent ways. And yet, the cowards in the media Right claim they had nothing to do with the events in Tucson.

Instead, they and their political allies have adopted the tactic of diverting and deflecting criticism towards the “liberal” press and politicians who they claim have attempted to make political capital out of the tragedy. They have attempted to equate Left liberal acts of civil disobedience, peaceful resistance and direct action with the shooting and previous Right wing threats of armed violence and actual acts of such (in the infamous list of purported Left wing acts of violence posted by a notorious Right wing blogger there is not a single image of anyone with a firearm, much less of anyone shooting or killing in pursuit of their beliefs. In fact, among the supposed comparable acts listed by that blogger are recordings of people laying down in the front of weapons trains in protest of war. Can that really be considered morally equivalent to a mass shooting? Only in the fevered mind of a Right wing apologist).

Reactionary attention has centred on the comments of Pima Country Sheriff Clarence Dupnik, who has held the job for 30 years based upon regular re-election as a Democrat (in a county that is majority Democratic in an otherwise Republican state). In his first press conference after the shootings Sheriff Dupnik denounced the climate of hate and atmosphere of bigotry that has descended on Arizona and the country in general. The Right went ballistic at his  mention of this patent fact, accusing him of partisanship, jeopardizing the case and failing in his duties to prevent the shooting because Laughner was known to the police prior to the event (ignoring the fact that his department is hamstrung by mental health and civil rights laws that prevent it from arresting individuals in cases short of domestic violence where reported threat behaviour is not materially imminent). In other words, in spite of the Right’s attempts to smear him, Sheriff Dupnik well knows of what he speaks, because it is his office that has to confront the daily consequences of loose gun laws an anti-immigrant sentiment in a county that extends down to the Mexican border. Put succinctly, Sheriff Dupnik stated the truth. For that public service, he has been pilloried by the Right wing media frothers.

Regardless of whether Mr. Loughner was indirectly or directly inspired by hate speech and the venom directed at the federal government and “liberals” by Right wing political-media networks, the simple point is the obvious point that Sheriff Dupnik was making: the increasingly public language of hate and divisiveness was the backdrop against which he carried out his rampage. He chose a political target. His intent was political assassination. His was, in sum, a political act, however deranged he may be. And that act was carried out against a “liberal” Democrat in the US federal government who has repeatedly been, along with others of her ideological persuasion, the direct recipients of the hyper partisan vitriol emanating from the mouths of the fear and hate-mongering Right.

No amount of denial, diversion and obfuscation can detract from that fact.

UPDATE: Frank Rich does a good job of summarising the situation.

Posted on

As the gun smoke clears, the Right run for cover.

As someone who once lived in the area of Tucson where the politically motivated shooting of US Representative Gabrielle Giffords and 19 others occurred, I have something of a personal connection to the event. I shopped in the strip mall where the attack took place and still have friends in Tucson who I visit when possible. Were I still living at my last address there,  Giffords would have been my Representative. I am well aware of Arizona political culture and the issues that divide it, and know something about its gun laws as well. Thus I am not surprised one iota that an assassination attempt on a “liberal” Democrat would happen in Arizona, although it is somewhat surprising that it happened in Tucson, which is a liberal college town oasis in an otherwise vast political landscape of new and old right-wing conservatism.

Unsurprisingly, as soon as news of the shootings hit the airwaves left-leaning commentators blamed right-wingers for inciting the killer while GOP leaders, Tea Party representatives and the populist demagogues in the media all moved quickly to put distance between themselves and the gunman even though the latter professed beliefs that were very much in concert with the thrust of the Tea Party message as well as those of earlier conservative fringe movements. In fact, some in the rightwing media suggested that the Left has its own violent extremists so the table is balanced on that score.

To which I ask: when was the last time a Left activist in the US attempted to kill a politician? Lee Harvey Oswald was less a committed Stalinist during his time in the USSR and more of a social outcast looking for a belief system to cling to (I shall defer from bringing in Mafia-related and other conspiracy theories at this point). John Hinkley’s attack on Ronald Reagan does not count as he was motivated by the demons in his head, and the attacks on Gerald Ford by members of Charles Manson’s gang in the mid-1970s were equally devoid of political content. But as recently as 2009 a right wing extremist, apparently egged on by the commentary of talkshow rabble rousers, killed abortionist George Tiller outside his church. This has followed a series of attacks carried out by right wing militants that include the Oklahoma City bombing and repeated attacks across the country on abortion clinics. Minutemen and other self-professed right wing militias have demonstrated a penchant for violence against others. The Unibomber was motivated by a mix of left and right views. Islamicists operate according to a profoundly conservative belief system. Anti-Castro Cuban nationalists have committed acts of domestic and international terrorism (including the bombing of a Cuban airliner) in pursuit of their conservative goals.

In contrast, Earth First! and the Animal Liberation Front have lefty ideals and destroy property but do not kill people. Anti-trade protestors and anarchists have run riot in Seattle and DC but mostly gotten (some might say well-deserved) police beatings and tear gassed for their efforts. Puerto Rican nationalists have disrupted Congress and planted bombs but killed no one. Thus it would seem that contrary to the claim that the US Left has its fair share of murderous extremists, not since the days of the SLA, Weatherman and Black Panthers has there been a deadly attack carried out by Left militants on political targets. During that same time period, in contrast, the right wing fringe has claimed dozens of victims, of which those in Tucson are the latest. Truth be told, this is only the latest in a long history of right wing assassination attempts on “liberal” political targets that are seen as “communists,” “socialists,” Trilateral Commission and World Government surrender monkeys, atheists or some unholy combination of all of the above. Just as the John Birch Society had its fair share of armed extremists, so now it appears that modern US conservative movements attract a similar element to their ranks. 

To put a not-so-fine point on it: be it as lone wolves or as part of a criminal conspiracy, it is the fringes of the US Right where most political violence comes from. Even if in most cases the extremists involved exhibited signs of mental illness (as in this case), in the modern US it is right-wing militants who disproportionately get murderous. That could be due to the lack of appeal for calls for working class “revolution” in a country founded on the sanctity of individual liberties and property rights, but one would think that would make Leftist militants more rather than less prone to violence against those political figures that attract their ire. Instead, it is the reverse.

Rather than debate the question of how complicit, implicitly or explicitly, the Tea Party, GOP, Sarah Palin and conservative media have been in the Tucson attack, let me offer a simple formula that outlines the context in which it occurred (and will occur again). Note that this “formula” is exclusive to the US but can be altered, mutatis mutandis,  to apply to other countries as well:

Loose gun control laws+availability of semi-automatic weapons+polarised politics+venomous hate mongering political rhetoric in media and in election campaigns+rapid demographic change+economic crisis+ eroding social cohesion and solidarity+deranged or otherwise sociopathic personality disorders+precipitating event (personal or political)=likelihood of an armed attack on a perceived “traitor” by someone espousing militant ideological views.

In the contemporary US, this formula suggests that the attack in Tucson is neither unique or a once-off, and in fact points to a condition of ongoing anomie that barring a major change in both the structural and superstructural causal factors listed above, will lead to more such events in the near to medium future. Rather than the content of any one ideology or creed, it is the combination of factors that makes for the murderous enemy within, and no amount of blame-fixing and scapegoating of “foreign” beliefs detract from that fundamental fact.

PS: for those interested in a more immediate look at the tragedy, take a gander at my old home town newspaper: http://azstarnet.com/

UPDATE: As if on cue a NZ version of the unhinged reactionary chickenhawk faction weighs in, with a link to this post: http://truebluenz.wordpress.com/2011/01/11/it-is-not-about-loughner-or-palin-its-about-the-republic/

Priceless.

Posted on

Justice delayed, now denied.

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

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

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

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

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

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

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

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

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

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

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

Posted on

Politics as the art of hypocrisy revealed (NZ style).

It is said that politics is the art of hypocrisy and that diplomacy is the art of saying one thing when meaning another. The publication of US diplomatic correspondence between its embassy in Wellington and other US agencies in Washington and abroad (see distribution list below) show that the 5th Labour government was much more closely aligned with the US on security and intelligence matters than it let on in public, and that the push to improve ties with the US crossed the aisle in parliament but was deliberately not made public for domestic electoral purposes.
Rather than read what others have to say about the issue, I figured that it is best to just offer KP readers the opportunity to digest one particularly informative cable for themselves. It is long but well worth the effort reading, and comes courtesy of Selwyn Manning at Scoop, which also has the most in-depth analysis of the subject. Of course, by my publishing it and you reading it we have both apparently broken US laws governing classified information.
I wonder if that means that I will hear the words “cavity search” on my next trip to the US.
07WELLINGTON194
Date: 3/02/2007
98719,3/02/2007 4:55 AM,07WELLINGTON194,Embassy Wellington,SECRET//NOFORN,,VZCZCXRO2665OO RUEHPBDE RUEHWL #0194/01 0610455ZNY SSSSS ZZHO 020455Z MAR 07FM AMEMBASSY WELLINGTONTO RUEHC/SECSTATE WASHDC IMMEDIATE 3972INFO RUEHBY/AMEMBASSY CANBERRA IMMEDIATE 4773RUEHPF/AMEMBASSY PHNOM PENH IMMEDIATE 0043RUEHPB/AMEMBASSY PORT MORESBY IMMEDIATE 0637RUEHSV/AMEMBASSY SUVA IMMEDIATE 0573RHEHAAA/NATIONAL SECURITY COUNCIL WASHDC IMMEDIATERUEAIIA/CIA WASHINGTON DC IMMEDIATERUEKJCS/OSD WASHINGTON DC IMMEDIATERHHMUNA/CDR USPACOM HONOLULU HI IMMEDIATE,”S E C R E T SECTION 01 OF 04 WELLINGTON 000194 SIPDIS SIPDIS NOFORN STATE FOR EAP/FO AND EAP/ANP NSC FOR VICTOR CHA OSD FOR JESSICA POWERS PHNOM PENH FOR POL/MCKEAN E.O. 12958: DECL: 03/01/2017 TAGS: PREL, PGOV, NZ SUBJECT: PM CLARK GOES TO WASHINGTON Classified By: Charge D’Affaires David J. Keegan, for reasons 1.4 (b) and (d) 1. (C) Summary: Prime Minister Clark has announced to New Zealanders that she will use her March 20-21 visit to Washington to discuss key regional and world events with the President and other
Senior Officials. In reality, she has a broader agenda as well: to improve the tone of her dialogue with us and to send a message to the NZ electorate that cooperating with the U.S. is normal and advances New Zealand’s interests. Now in her third term in office, Clark has over the years developed a deeper understanding of the breadth and benefits of the US-New Zealand relationship. She recognizes that sound bites matter, and in response has begun to modulate her public statements to be more positive about the relationship. She also strenuously avoids saying anything critical about U.S. policy. Although a strengthened centrist domestic political opposition may motivate Clark to be more open to us, most of her efforts to improve bilateral cooperation have not been made public, indicating genuine commitment. Over the past year, she has quietly filled a number of key positions with officials who are well disposed towards the United States, and she and her Ministers now treat official meetings with us as opportunities to advance common agendas rather than either public relations coups or something to deny. The PM closely monitors and supports the “”Matrix”” process as well as deeper US-NZ cooperation in intelligence and other issues. She particularly appreciates our cooperation in the Pacific and Antarctica. End Summary. 2. (C) A micromanager, Clark will come to Washington extremely well briefed on the issues. She will likely suggest small but concrete ways to cooperate within the boundaries of the Presidential Directive, such as by regularizing our dialogue on scientific and Pacific Island issues. She will probably announce that New Zealand will extend its military deployments in Afghanistan through September 2009. Clark will not seek any dramatic changes to bilateral policy, which she recognizes would be more than either side’s system could bear. Nor will she make a heavy pitch for an FTA as she did during her 2002 visit, instead leaving that for Trade
Minister Goff’s trip to Washington later this year. 3. (C) We should use this visit to urge continued tangible commitments to the improving bilateral cooperation and NZ’s defense modernization. We should also elicit a greater willingness to publicize our successes where possible. Clark will be setting the pace for improving U.S.-New Zealand relations for the foreseeable future. This visit provides us an opportunity to encourage her to stay the course and to resist negative pressures from those in her party who prefer to keep us at arm’s length. ————————————– MOVING UP THE LEARNING CURVE: WE MATTER ————————————— 4. (C) With over seven years in office, Clark is now the longest serving Labour Prime Minister in New Zealand history. Although she has no clear successor and may run for an unprecedented fourth term, she is clearly already focused on her legacy. Arriving in office well to the left of the political spectrum, Clark began her tenure by stressing New Zealand’s role as a small but principled player favoring multilateral (ideally UN-based) solutions to the world’s problems. Since then, she has witnessed such events as 9/11, cooperation between NZDF and US troops in Afghanistan, and shortcomings of the UN system (such as its inability to react to the 2005 Tsunami). As a result, she has over time focused more on New Zealand’s role in the Pacific region and its relations with Australia and other bilateral allies. 5. (C) Through learning on the job, Clark has clearly developed a more sophisticated understanding of the breadth and importance of the US-New Zealand relationship. Her desire to improve relations with the Administration may be due in part to the influence of Foreign Minister Winston WELLINGTON 00000194 002 OF 004 Peters, but we see evidence that Clark herself wants to improve US-New Zealand ties. Contacts tell us she has especially valued our close cooperation following the coup
in Fiji, and during her recent meetings with PM Howard she praised EAP DAS Davies’ trip to the Solomons. The Ambassador reports that Clark is obviously impressed by our dedication to environmental protection and generous support for New Zealand activities in Antarctica, which she witnessed first hand during this year’s celebrations of USNZ cooperation on the ice. 6. (C/NF) Recognizing that her Government had initially resisted improving the U.S. relationship, Clark has since the 2005 election appointed to key positions a number of officials well disposed towards working with the United States. In addition to Foreign Minister Winston Peters (arguably a marriage of convenience), she has appointed Warren Tucker as Director of the NZ Security Intelligence Service (NZSIS), Bruce Ferguson as Director of the Government Communications Security Bureau (GCSB), Roy Ferguson as NZ Ambassador to Washington; and John McKinnon as Secretary of Defence. Together with Peters and Simon Murdoch, second in command at the Ministry of Foreign Affairs, these officials have improved their agencies’ coordination on U.S. policy and instructed staff to be helpful to us wherever possible. For example, NZSIS had for months resisted housing equipment needed to implement a possible HSPD-6 agreement with the United States. Soon after his arrival, Tucker ordered NZSIS to be the host, paving the way for negotiations. 7. (C) Clark has been more mindful of the public side of our relationship as well. She participated in the Embassy’s 4 July reception even though she never attends national day events. She was also gracious guest at a media-covered reception at the Ambassador’s residence last May in honor of her favorite Kiwi composer. Mindful that her 2003 remarks about the Iraq war have not been forgotten, Clark now slaps down her Cabinet Ministers for similar offenses. When on January 12 Duty Minister Jim Anderton issued a blistering critique of
the President’s plan to send more troops to Iraq, Clark quickly disavowed the comments and removed Anderton from duty within the day. She was roundly criticized in the media for her actions, but did not budge. After confirming her visit to Washington on March 1, a reporter asked what Clark would say if the President asked her views on the war. Clark merely said she doubted that would happen, adding that New Zealand is not in Iraq and it would be “”gratuitous to offer any advice.”” ———————————CLARK REALLY DOES WANT CLOSER TIES ——————————— 8. (C) Some observers claim Clark only wants to mend fences with the United States to wrest center ground from the opposition National Party, which is gaining in the polls. We doubt this is her main motive. For one thing, polling suggests up to half of all Kiwis believe New Zealand does not need a closer relationship with the United States, and the anti-American sentiment in the left side of her own caucus is well known. Although Labour is losing ground in opinion polls, Clark is far from being in such crisis that she needs to change her foreign policy to get votes. New National leader John Key is charming and confident, but has been in Parliament for only five years and his practical agenda remains fuzzy. In contrast, while many Kiwis consider Clark cold and some question her integrity, we have yet to meet any who regard her as anything less than competent. The majority seem proud of the way she has helped forge a new, modern identity for the country: clean, green, multicultural, multilateral, creative, and yes — nuclear free. Nor is there a chance of the type of leadership putsch within Labour that has plagued National in recent years. —————————————– WE BENEFIT FROM STRONGER COOPERATION, TOO —————————————- 9. (C) New Zealand is small, but concrete improvements in WELLINGTON 00000194 003 OF 004 bilateral cooperation over the past year, including
via the “”Matrix”” process initiated in Bangkok last year, have brought tangible, positive gains for U.S. interests. We continue to cooperate closely on events in Fiji and have come to value the views of Kiwi officials regarding events in E.Timor, the Solomon Islands, and Tonga. We are increasing behind-the-scenes dialogue on N.Korea and Iran, both of which have diplomatic relations with New Zealand. The “”Matrix”” process has also been helpful in enabling both sides to stay joined up in response to other events, such as ensuring that the recent fire on board a Japanese whaling vessel in Antarctic waters would not lead to an environmental disaster. 10. (S/NF) Improvements on the defense and intelligence side have also borne fruit. As Minister in Charge of the NZSIS and GCSB, Clark is read into all major operations involving U.S. intelligence. She understands the implications of a post-9/11 world for New Zealand’s security. She also realized after the Fiji coup that New Zealand had become too reliant on Australian intelligence. Clark grasps that NZ must “”give to get”” and that some of our cooperative operations — such as monitoring radicalizing Kiwi jihadists — strengthen her country’s security. But she also has been willing to address targets of marginal benefit to New Zealand that could do her political harm if made public. Over the past year, she has supported increased counterterrorism cooperation with us. 11. (C/NF) While the Presidential Directive still limits our defense relationship, New Zealand’s push since 2004 to modernize its forces have improved our ability to work together in those areas in which we can cooperate. In support of NZ military activities in the Pacific Islands, Timor Leste, Afghanistan, and elsewhere, there have been more high-level U.S. military visits to New Zealand over the past 6 months than in the previous two years. This March alone, there will be visits by two Admirals for maritime security consultations with New Zealand, France, and the UK, as
well as a yearly call by PACAF Commander General Hester. There have been more U.S. military waivers for multilateral exercises including the NZDF as well. Unlike in the past, the PM and her Government have focused on the substance behind these visits and exercises instead of touting them to the press as a sign that NZ’s nuclear ban no longer matters to the United States. New Zealand continues to be an active participant in the Proliferation Security Initiative, has helped explain the importance of this effort to Pacific Island states, and will for the first time host an Operational Experts Group Meeting in Auckland March 2628. ———- Key Issues ———- 12. (C/NF) Regional/Global Security: In her public statements announcing the visit, Clark has said that she hopes to discuss with senior US officials common interests in counter-terrorism/Afghanistan; regional security and good governance in the PICs and E.Timor; and DPRK, Iran and other nonproliferation issues. Although she told a journalist that Iraq is unlikely to come up, MFAT staff tells us that she knows that this is a major issue on the mind of the Administration. They also say she is likely to raise concerns over China’s role in the Asia Pacific region. Clark will likely announce during her visit that New Zealand will extend its deployments to Afghanistan through September 2009, the longest extension since the Afghan war began. She may also propose that both sides agree to regular consultations on Pacific Island issues. We agree this could send a positive public signal about our joint work in the region, although in reality fast moving events make it a certainty that we will continue to communicate in real time as well. We would also have to ensure that the search for agenda items and “”deliverables”” did not overwhelm our constructive dialogue. 13. (S/NF) Intelligence: Although it will be obviously impossible to publicly highlight the exact nature of NZ’s WELLINGTON 00000194 004 OF 004 intelligence cooperation during
Clark’s visit, she undoubtedly would appreciate having it acknowledged behind closed doors. We should also encourage New Zealand to agree to some public recognition of the HSPD-6 MOU that we understand will be signed during the visit. A public signing ceremony the Embassy hosted when we concluded the US-NZ Regional Alert Movement agreement received positive press play here, which indicates that not all intelligence cooperation issues are tabu to Kiwis. 14. (C) Environment and other issues: Since the Antarctic celebrations in January, Clark has become more aware of the close level of cooperation between US and NZ scientists both on and off the ice. She may propose new areas for cooperation in Antarctica and suggest both sides review the US-NZ Science and Technology Agreement to consider possible new joint research efforts. GNZ officials were struck by parallel references to climate change and sustainable energy in both the President’s and PM’s opening statements to their legislature this year, and Clark may raise this as well. She may also propose cooperation on efforts towards sustainable fisheries. Clark will almost certainly acknowledge U.S. leadership in WTO Doha negotiations. 15. (C) The Public message: Clark will deliver three speeches while in the United States. Unlike her speech there in 2002 on New Zealand’s desire for an FTA, Clark’s address in Washington will present a more positive focus on overall US-NZ relations. This reflects both her understanding that an FTA is not possible for now and her desire to speak to the broader relationship. Clark will deliver a second speech in Chicago covering WTO and economic issues (including a soft FTA pitch) and a third in Seattle on innovation in New Zealand. ——- COMMENT ——- 16. (C) PM Clark will continue to set the course for improved USNZ relations. It is clear there will be no change in New Zealand’s anti-nuclear policy in the medium term; even the
new opposition leader John Key has announced that the National Party wants to maintain the ban. National also continues to be vulnerable to accusations of being too close to the United States, which cost it significant support at the 2005 election. If elected in 2008, the Nats will have more political room to work with us if they can build on progress made under this Government towards better US-NZ ties. A re-elected Labour Government will do the same. This visit provides a chance to encourage Clark to set the bar high. We may have setbacks along the way, but the better our mutual understanding of what each side can expect from each other, the less likely that these hiccups will undermine our progress. End Comment. Keegan”,2/03/2007
Posted on

Playing us for suckers.

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

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

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

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

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

One wonders what National’s  private logic is.

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

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

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

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

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

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

Posted on

Small feels Large, but only to the Small.

From the rhetoric and doe-eyed looks emanating from the PM and Foreign Minister during the signing of the so-called “Wellington Declaration,” one would have thought that NZ had just been awarded most favoured nation status by the US and assumed a place akin to that of France or Germany in US foreign policy. This belief seems to have gone to the head of the PM, who has taken to lecturing larger states such as Japan on NZ expectations when it comes to trading agreements. The truth is a bit different.

The “strategic partnership” announced by Secretary of State Hillary Clinton confirms what has been apparent to the international security community since 2001: NZ quietly dropped its concerns about engaging in military-to-military relations with the US in exchange for the US routinely granting executive permission for these to occur. NZ military deployments in Afghanistan and Iraq (the latter reportedly involving more than just the one year rotation of combat engineers in Basra, something that the NZ government refuses to acknowledge), as well as NZ commitment of intelligence assets to both tactical and strategic intelligence gathering at home and abroad (such as the deployment of GCSB and SIS personnel to Afghanistan) all occurred without fanfare and in spite of the formal ban of military exchanges and exercises in effect since the dissolution of the ANZUS alliance. Not having US Navy surface ship port visits in NZ does not deter US submarines from entering NZ territorial waters with or without NZ government connivance, and any look at video of NZDF troops in action in foreign locales clearly shows that they work in close proximity to US troops and preferentially use US equipment during the conduct of their combat operations.

The Wellington Declaration just makes public this discreet relationship, which even as it deepens and becomes standardised over the long-term will not require signing of a formal alliance treaty. The latter is seen as an encumbrance for domestic political reasons on both sides (since both the US Congress and NZ Parliament would see opposition to the signing of a bilateral security treaty), so much as in the way the US conducts its foreign wars (which is to not seek Congressional ratification of a declaration of war for fear of opposition, but instead to use Executive authority as commander-in-chief to declare a state of national security emergency requiring military combat deployments abroad that presents Congress with a fait accompli), the Wellington Declaration circumvents legislative scrutiny at the same time that it reaffirms the obvious close security ties that exist between the two states.

What changed most clearly is that while Labour prefers to soft peddle the relationship due to its internal factional dynamics, National has always had issues with the “independent and autonomous” foreign policy stance that has characterised NZ diplomatic relations since the early 1990s. Although it cannot reverse the anti-nuclear policy due to domestic political factors, National has always worked to reaffirm its “traditional” security ties, to the point that it supported NZ joining the US-led “coalition of the willing” that invaded and occupied Iraq without UN authorisation. With the Wellington Declaration it has gotten its wish.

But sometimes getting what one wishes for brings with it unanticipated trouble. By formally committing to a strategic partnership with the US, overlapped on National’s commitment to engaging closer military ties with Australia, NZ has in effect become a posse member for the global sheriff and its Antipodean deputy. The closer the level of military engagement between NZ and its larger military partners (quaintly called “interoperability” in the jargon), the more dependent it becomes on them for strategic guidance, material support, operational readiness and deployed force security. This makes it more likely, in spite of National’s assurances that NZ always retains the option to refuse a request, that NZ will wind up becoming involved in conflicts not of its choice but that of its strategic partners. That in turn raises the specter of NZ developing, by way of military coat-tailing, hostile relations with countries and cultures with which it historically has had no quarrel, which will spell the end of its “independent and autonomous” diplomatic posture.

What Mr. Key and his company of advisors appear to not understand is that the US rapprochement with NZ is due to two basic strategic factors, one general and one specific, that have little to do with interest in NZ per se. The first general reason is that, after a delay in responding due to the obsession with counter-terrorism in the Middle East and Central Asia, the US has moved to counter Chinese advances in the Western Pacific basin, which it sees as the next big strategic conflict zone. Not only is it in the process of moving the bulk of its military assets into the Pacific, in a reversal of the century-old Atlantic and Euro-centric orientation that characterised its strategic outlook until recently. It has also reaffirmed its bilateral security ties to all of its Asian partners as well as India. This includes Japan, South Korea, Taiwan, Thailand, the Philippines, Singapore, Malaysia, Indonesia, Australia, NZ and even Viet Nam. This defensive arc covers countries deeply concerned about Chinese neo-imperialist ambitions, many of whom have diplomatic or territorial disputes with the Chinese, and along with its soft power projection in the Pacific Island Forum countries (including Fiji, where the US has just announced the resumption of US AID development work), the US is moving to counter Chinese influence in SE Asia and beyond (most often gained via so-called “chequebook diplomacy” whereby China promotes infrastructure development projects with no apparent strings attached but which all have potentially dual civilian and military applications). The Wellington Declaration just adds NZ to the roster of US security partners that constitute a collective hedge against the looming Chinese presence, which is particularly noteworthy because of NZ’s increased dependency on Chinese investment and trade for its economic fortunes.

With the Wellington Declaration Chinese influence and ambitions in NZ are potentially fence-ringed. That may have been National’s undeclared intent, and if so that is the hypothetical NZ gain from the deal. But all of that remains to be seen  (if nothing else because it would contravene National’s public assurances that it welcomes the Chinese investment and cultural presence on NZ shores–cue revelations about Pansy Wong and her long obviously dodgy failed businessman-husband, who just might have caught US negative interest given the Chinese penchant for placing intelligent assets in their diaspora).

The second, specific strategic purpose that the Wellington Declaration serves is US nuclear counter-proliferation efforts. Unlike its predecessor, the Obama administration has a basic, and apparently sincere interest in reducing nuclear weapons stockpiles and preventing the proliferation of nuclear weapons beyond those that currently possess them. Having a small “neutral” non-nuclear state as a partner in such efforts provides a convenient and effective cover (some might say fig leaf), particularly with regards to “rogue” states such as North Korea and Iran. NZ has already participated in the Six Party negotiations on the North Korean nuclear programme, helping to gain a delay in Pyongyang’s efforts to achieve full weapons capability. In Iran’s case, NZ’s strong economic ties to the mullah’s regime is seen as providing a source of indirect diplomatic access and backdoor entry into the Iranian mindset with regards to nukes (via diplomatic and intelligence service information sharing). In other words, working with and through NZ on matters of nuclear proliferation, the US gains diplomatic cover for its own self-interested reasons to oppose the spread of the universally recognised deterrent.

What NZ does not get out of this strategic partnership, and which the National government continues to wax deluded about, is improved negotiating status with the US with regard to bilateral trade. The US is content to allow the Trans-Pacific Partnership negotiations to take their course with respect to trade with NZ and other small Pacific partners, and domestic political considerations accentuated by the recent midterm elections make it nigh impossible for NZ’s leading export sector, dairy, to make inroads into the subsidised US market. Truth be told, for the US there is no “issue-linkage” between security and trade when it comes to NZ even if its rhetoric continues to hold out the promise of such being the case sometime in the future. Yet the current (and to be fair, the past) NZ government continues to insist that, “difficulties” notwithstanding, bilateral trade with the US in forthcoming if not imminent because of NZ efforts across a range of issues of mutual interest without qualification or constraint.

This is where Mr. Key and Mr. McCully fail the foreign policy leadership test. Given the US strategic interests at play, and its absolute need to secure partnership agreements that catered to these interests given the evolving world balance of power, NZ was in a position to bargain hard and leverage its credentials (mostly Labour-made) as an honest broker and reliable international interlocutor into some form of tangible, immediate benefit in exchange for accepting the role of US strategic partner. That did not happen. Instead, what NZ got was platitudes, promises and bilateral yearly meetings between foreign policy counterparts, something that is par for the course for any number of nations, in what essentially amounted to a stop-over on Secretary Clinton’s trip to more important meetings with the US proxy that is Australia. As a result of that brief rendezvous,  NZ is now saddled with the burden of being internationally perceived to be (if not in fact)  more closely tied to the US without the full benefits of being so. It is a junior partner of the US in security only, and that is bound to be noticed by the international community.

In effect, NZ is just a small cog in a larger US strategic plan that is influenced by factors that have nothing to do with NZ interests and all to do with how the US sees and proposes to shape the strategic environment currently evolving in the Western Pacific and with regard to nuclear proliferation. National believes that it has made NZ a “player” by signing a strategic partnership agreement with the US, but the truth is that it has committed the country to a relationship that has always been one sided and which just got more so. To put it bluntly: the Tories may feel big as a result of the “Wellington Declaration” but they still are small and myopic when it comes to perceiving, much less comprehending the bigger picture, to say nothing of  the realities at stake down the road.

PS: The farce only gets better. NZ announced that it is in FTA negotiations with authoritarian, crime mob-dominated klepto-oligarchic Russia even though it admits that Foreign Affairs and Trade have very limited Russian language comprehension skills and the deal will involve Tajikistan and Uzbekistan (Russia negotiating for them, presumably), two states that NZ has admitted to having”limited” knowledge about (to include comprehension of Tajik or Uzbek dialects). In other words, National has staked its claim to being at the forefront of free trade agreements without understanding the business and political culture, much less language or human rights conditions, of potential partners just after it committed to a long-term security partnership with a country that has a troublesome relationship with all three.  This is amateurism taken to art-level heights.

Posted on

The Problem with Trading Down.

Jane Kelsey’s latest  book on trade, an edited collection titled No Ordinary Deal, was launched last night in Auckland. Other launches will follow in Hamilton, Wellington and Christchurch this week before the road show heads to Australia. As a contributor to the book I attended the launch and enjoyed the speech given by another contributor, Lori Wallach, a trade specialist at the US research institute Public Citizen (founded by Ralph Nader in 1971). Lori, who wrote the chapter on the US domestic agenda and approach to the so-called Trans-Pacific Partnership (TPP) negotiations, noted that the model for the TPP is not the General Agreement on Tarriffs and Trade (GATT) but instead the North American Free Trade Agreement (NAFTA), which essentially is an investor’s guarantee agreement rather than one about free trade per se.

In her chapter and her speech, Lori noted that among many other downsides to the TPP, it would exempt foreign investors from domestic regulations in NZ, and should the investor be made to comply with those regulations by court order, the costs of compliance would be borne by the NZ taxpayers in the form of mandatory compensation. She went on to note how local pharmaceutical regulations and control boards would be circumvented in favour of US drug company standards, and explicated the dumping and market monopolisation efforts of US agri-businesses under this type of trade regime. As a sidebar she noted how NZ dairy exports would not appreciably increase to the US under the agreement, as well as the fact that the recent midterm elections have ridden on a backlash against trade because of presumed US job losses tied to it, which means that the possibility of the US ratifying the TPP in the next two years under the new congressional leadership (even if negotiations are concluded, which itself is unlikely) are improbable at best. Her basic premise was that she would not object to the TPP if it were about free trading of goods and services as per the Ricardian ideal. What she objects to is the use of free market rhetoric to cloak cross-border commercial arrangements that are less than free or fair and which contain pernicious costs for smaller national partners and wage labour-dependent consumers in general.

The bottom line is that the TPP is fraught and the public need to be aware of the very large downside to it. It is not a genuine “free trade” agreement in the proper sense  of the term. Instead, it is a US-centric investor’s agreement skewed in favour of large (mostly foreign) corporate interests rather than consumers and local producers. Among other topics, chapters (there are 19 in all) explore the impact of the TPP on indigenous rights, climate change, intellectual property, cultural exchange and, in my contribution, security. They are well worth reading, and often eye-opening.

The book is designed to promote informed debate on the matter by offering a critical counter-point to the received wisdom of the policy elites who attempt to sell it as as “win-win” universal good for all involved. As I have noted previously when writing about asymmetric trade, this is a far cry from the truth and carries with it not only the potential for a loss of economic freedom and sovereign control of strategic assets, but also the very real danger of increasing both physical and emotional insecurity in the smaller partners involved in such agreements. Since insecurity breeds fear (be it fear of job loss, fear of environmental harm, fear of forced dislocation from one’s land or cultural roots, to say nothing of fear of physical harm by direct or indirect means), and freedom from fear is considered to be an inalienable human right, the downside of the TPP needs to contrasted againt the supposed upsides championed by those who stand the most to benefit from the deal, and who constitute an elite and often unaccountable minority among the constituencies involved.

More publisher information on the book and the launches can be found at www.bwb.co.nz.  An information sheet on the book is here:

No Ordinary Deal
Unmasking the Trans-Pacific Partnership Free Trade Agreement
Jane Kelsey
The Trans-Pacific Partnership is no ordinary free trade deal. Billed as an agreement fit for the twenty-first century, no one is sure what that means. For its champions in New Zealand a free trade agreement with the US is a magic bullet – opening closed doors for Fonterra into the US dairy market. President Obama sells it as the key to jobs and economic recovery, while protecting home markets. Australia hails it as a foundation stone for an APEC-wide free trade agreement.

None of these arguments stacks up. All nine participant countries except Vietnam are heavily liberalised, deregulated and privatised.* They already have many free trade deals between them. Who really believes that US dairy markets will be thrown open to New Zealand, or that China, India and Japan will sign onto a treaty they had no role in designing?

No Ordinary Deal
Experts from Australia, New Zealand, the US and Chile examine the geopolitical and security context of the negotiations and set out some of the costs for New Zealand and Australia of making trade-offs to the US simply to achieve a deal. ‘Trade’ agreement is a misnomer. The TPPA is not primarily about imports and exports. Its obligations will intrude into core areas of government policy and Parliamentary responsibilities. If the US lobby has its way, the rules will restrict how drug-buying agencies Pharmac (in New Zealand) and the Pharmaceutical Benefits Scheme (in Australia) can operate, and the kind of food standards and intellectual property laws we can have. Foreign investors will be able to sue the government for measures that erode their investment. The TPPA will govern how we regulate the finance industry or other services, along with our capacity to create jobs at home.

Above all, No Ordinary Deal unmasks the fallacies of the TPPA and exposes the contradictions of locking our countries even deeper into a neoliberal model of global free markets – when even political leaders admit that this has failed.

*The US, Australia, New Zealand, Brunei Darussalam, Chile, Peru, Singapore and Vietnam. Malaysia joined in October 2010.

  • RRP: $39.99
  • 288 pages
  • 270 x 140 mm
  • ISBN 9781877242502
  • Publication November 2010

Distributor: HarperCollins, PO Box 1, Shortland Street, Auckland
Contact: customerservices@harpercollins.co.nz
Sales Manager: Tony Moores, tony.moores@harpercollins.co.nz
PO Box 12474, Wellington 6144
Phone: 04 473 8128
Email: info@bwb.co.nz
www.bwb.co.nz

The Contributors: Jane Kelsey, Bryan Gould, Patricia Ranald, Lori Wallach, Todd Tucker, José Aylwin, Paul Buchanan, John Quiggin, Warwick Murray, Edward Challies, David Adamson, Geoff Bertram, Tom Faunce, Ruth Townsend, Susy Frankel, Jock Given, Ted Murphy, Bill Rosenberg, Nan Seuffert.