Category: Public services

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Sending in the Marines.

One of the basic foundations of democratic civil-military relations is that the active duty military is organised and trained to fight and defeat foreign enemies in combat–that is, by using organised lethal force until the enemy is defeated. Domestic security is a matter of national/federal, state and local law enforcement. Their training and organization is in ensuring via non-combat means civilian adherence to the rule of law. Although use of lethal force is one component of domestic law enforcement, it is constrained by legal and social frameworks in a way that military combat lethality is not (and even then the military is supposed to adhere to the Laws of War, both in terms of jus ad bellum (reasons for going to war) and jus in bello (conduct in war)). Domestic security is about keeping the peace and maintaining control of civilian populations; external security is about prevailing over armed adversaries of the State.

Domestic and external security represent the Janus faces of what Althusser and others labeled the repressive state apparatuses (RSAs). Both internal and externally-focused repressive apparatuses are wrapped around an inner core of ideology, usually framed as patriotism, nationalism and selfless sacrifice (for external agencies) and community service, protection and duty of care (for internal agencies).T here are elements and agencies other than the military and uniformed constabulary services in the RSAs, including such things as paramilitary units and criminal courts, that involve several shades of grey when it comes to repressive focus. The US is an exemplar in this regard, what with its proliferation of security agencies and militarization of local police forces, but the principle of separation between domestic and external repression has long been considered sacrosanct in US civil-military relations. So much so that the 1878 Posse Comitatus Act (18 U.S.C. 1385) specifically prohibits the use of active duty troops for domestic security purposes unless authorized by Congress.

In the US reserve military units such as the National Guard are called upon during periods of serious security crisis as a backup to local law enforcement. This usually happens at the orders of the State government but can happen by order of the president in extenuating circumstances. In the majority of cases they do not carry combat weaponry, instead deploying non-lethal tools appropriate for their law enforcement support roles (say, tear gas for crowd control).

Both reserve and active duty military can and are used for natural disaster and humanitarian relief, but they do not carry live weapons when doing so. Their assistance is focused on provision of critical goods and services to affected communities, not enforcing security.

While Trump appears to be within his authority to order the California National Guard into Los Angeles for law enforcement purposes, “federalising” what should normally be the Governor’s decision, and may even have authority to order other state’s National Guard units to join the forces gathered in LA (there is debate on this), his ordering of a US Marine infantry brigade into LA is an egregious assault on the separation of internal and external security functions under democratic conditions and a major erosion of a core tenet of US civil-military relations. The Marines are trained and organised to seek out and destroy the enemy, not practice crowd control. Their entire orientation is towards prevailing in lethal combat, not convincing rowdy crowds engaging in protest and dissidence to go home.

Perhaps the deployment of Marines is an intimidation tactic and they will not be carrying combat weapons or live ammunition. But if they are, we are now facing the real prospect of US soldiers killing US citizens and residents on home soil.

Years ago I shared space with the Haiti Task Force in the Office of the Secretary of Defense. I heard them discussing sending in Marines to quell anti-American violence in Port-au-Prince (there is a history of US Marines in Haiti). I chimed in from the sidelines that I thought it was a bad idea to use combat troops to engage in what was supposed to be civilian peace enforcement operations. The US has military police and paramilitary units like the US Marshalls and Border Patrol (and now ICE!) who train in those sort of things. I was ignored by my colleagues and a brigade of Marines were ordered and deployed to enforce the peace. When confronted by a rock-throwing mob they opened fire, killing over 100 people. The streets did in fact go quiet.

I asked the head of the Haiti Task Force why they chose that option when there were others available. He simply said that the people to be confronted where foreigners on foreign soil, so it was permissible to use combat troops for crowd control under those circumstances. In fact, today US private military contractors have been engaged to do exactly the same thing in Haiti given the breakdown in law and order there. It seems like in Haiti history repeats, but in different garb.

More importantly, deployment of Marines to LA is not a case of lethally confronting foreigners on foreign soil. For all the talk of “illegal aliens” and “invasion,” the protesters are on US soil exercising their right to peacefully protest and dissent. Those who act violently certainly can be handled by local law enforcement without the resort to combat-oriented troops whose missions primarily involved killing people abroad.

This is more than authoritarian-minded over-reach by a fear-mongering president. It is what a democracy’s slide into dictatorship looks like.

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A culture of cruelty.

In February I wrote a post about “the politics of cruelty” in which I highlighted the mean-spirited commonalities of recently elected rightwing governments in the US, NZ, Italy and other democracies. In this post I shall expand on them with reference to some of the authoritarian features that I researched and wrote about when I was a young academic.

In the 1980s and early 1990s when I wrote about Argentine and South American authoritarianism, I borrowed the phrase “cultura del miedo” (culture of fear) from Juan Corradi, Guillermo O’Donnell, Norberto Lechner and others to characterise the social anomaly that exists in a country ruled by a state terror regime like the “Proceso de Reorganizacion Nacional” in Argentina from 1976 to 1983. In those circumstances individual psycho-pathologies are often rooted in the pervasive feelings of dread, vulnerability and hopelessness brought about by the regime’s use of death squads, disappearances and other violent authoritarian measures to enforce public compliance with their edicts. That pervasive sense of fear extends to collective life, something that was and is a deliberate objective of authoritarians because it produces a sense of survivalist alienation and social atomisation in the body politic, thereby disrupting basic horizontal bonds between and within groups in civil society (you can see one of my essays that uses this concept here: https://www.jstor.org/stable/2111080).

In recent years and especially since Trump’s re-election in the US, Javier Milei’s election in Argentina and the election of the right wing “chaos coalition” in NZ, I see an extension of this concept in what I will call the culture of cruelty. A culture of cruelty is one in which social groups and organisations, including governments, engage in particularly cruel behaviour in order to punish, humiliate and revel in the plight of others, particularly political opponents and scapegoated social out-groups. We only need to think of Trump’s deportation policies and the behaviour of his immigration Gestapo, ICE, to see the culture of cruelty at work. We can see it is the DOGE chainsaw approach to public sector employment and federal regulations. We can see it at MAGA rallies. It is personalised in the behaviour of Trump advisors like Stephen Miller, Karoline Leavitt and Tom Homan, who show utter contempt for the suffering their policies have caused and in fact appear to relish being able to rub in the fact that they can act with apparent impunity due to the weakness of the courts and congressional or partisan complicity. 

In fact, the “culture of impunity” is another characteristic of authoritarianism that I and others wrote about three decades go, and it goes hand-in-hand with the culture of fear because it is the feeling of impunity that leads dictatorships to use wanton repression as an instrument of subjugation of the popular will. In other words, the culture of regime impunity leads to the imposition of a culture of fear in society. That is what is at work, to various degrees, under Trump, Milei, the evil clown circus currently ruling NZ (especially in the ACT and NZ First parties) and in other former liberal democracies today.

This culture is mean-spirited and malicious. In many instances it is fuelled by hatred of “others,” be they immigrants, indigenous people, people of colour or different faiths, those who are sexually “deviant” from “traditional” norms (i.e. non-binary) and others who do not conform to a given set of social mores or expectations or are simply easy scapegoats given public attitudes. It is facilitated by the increased vulgarisation of social discourse and erosion of societal norms regarding behaviour and civic exchange, now megaphoned and accentuated by social media. It is cruelty for cruelty’s sake, and uses cruelty as a punishment, as an intimidation tactic and as a dark reminder of what is possible when one is targeted for any number of perceived transgressions

Cruelty can be physical, mental, emotional, social or any combination of them because its impact is not confined to just one dimension or aspect of human existence. It is “unusual” in that its objective is to cause disproportionate anxiety, anguish, stress and suffering to targeted people and groups beyond whatever duress might (or might not) be warranted under the circumstances. The term “scarred for life” is an accurate depiction of the broader long-term effects that cruelty can have on the human subject. And when it comes to public policy or social exchange among groups, that is exactly what perpetrators hope to achieve via its use: it psychologically traumatises people and groups in the moment as well as their individual and collective memories, something that renders asunder the social fabric into which they were previously woven.

As is the case with torture (which is inherently cruel), social and political cruelty works. Not so much as an instrument to induce cooperation from those otherwise disposed not to give it, but as a disincentive, revenge or retribution tool against them.

I could write more about the subject but this is not the place to do so. However, I hope that the notion is clear. We are now in an era where the culture and politics of cruelty have become integral features of democratic politics in at least some Western societies (I will leave aside for the moment the fear that exists in countries ruled by authoritarian regimes like those in Russia, China or Nicaragua). And if the cultures of impunity that have led to the imposition of these growing cultures of cruelty and fear in Western societies continues unchecked, then another social pathology will follow–the reaping or harvesting of fear (“cosecha del miedo,” in O’Donnell’s words) in the form of a legacy of damaged people and institutions resultant from the practice.

Should that happen, then democracy as a social construct and a method of governance will never be the same.

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Personal Link: The Cool One has Gone.

Most KP readers will not know that I was a jazz DJ in Chicago and Washington DC while in grad school in the early and mid 1980s. I started at WHPK in Hyde Park, the U. Chicago student radio station. In DC I joined WPFW as a grave shift host, then a morning drive show host (a show called Sui Generis, both for its meaning and as a hat tip to the Argentine rock group of that name). I also had a carrell at the Library of Congress (LoC), first up under the dome of the main building with its extraordinary views of the Mall looking west towards the Lincoln Memorial, and then in the building behind the dome when refurbishments were made on it.

At some point I met one of the few other white DJs at WPFW (part of the Pacifica network that had stations in LA and NYC), which was a community sponsored black majority-staffed public radio station that still operates and features jazz, blues, world music and plenty of progressive news shows, including one hosted by the Nation of Islam (a guy called Askia Muhammed was the host). It was a cool place in which to to do music and after a short bumpy start with some of the old-timers I was well received and had good listenership numbers.

It turns out the other white guy, whose show was named Sounds of Surprise, worked in the Library of Congress in its Recorded Sound division. That division was located on the lower floors of the Law Library across Independence Ave from the main building. I used to go over there because I had a stacks pass for the foreign law archives given to me by the LoC’s Hispanic Division, something that I needed for my Ph.D. thesis research on the Argentine State because it was the only place where the complete records of Argentina’s Boletin Oficial were located (since various Argentine military regimes were prone to destroying all records of previous governments, especially those of the 1946-55 Peronist regime that was the starting point of my research). Since the LoC records were the most complete in the world, better than what could be obtained in Buenos Aires, I was very fortunate to have applied for and received that carrell as a LoC Visiting Scholar.

I mentioned this to the white DJ guy at WPFW and we started doing lunches at the Law School penthouse cafeteria (nice views to the south) and, during the warmer months, at his apartment in a brownstone down the street SE of the Library in Capitol Hill. He played incredibly rare old records (even 78s!) for me from his personal and the library collections that he was working on, and because he knew that I was especially a fan of Thelonious Monk, he always had some Monk on tap as well as a cold bottle of beer with which to enjoy the music. Those were some special days.

We stayed good friends during that time (1982-85) even though I travelled to Argentina regularly for field research and eventually gave up my WPFW show to write up the thesis in residence back at the University of Chicago. Whenever I was in DC we would catch up for more music (sometimes live gigs) and liquid lunch sessions where he opened my eyes and ears to a range of music and technologies (such as CDs) that I would not have understood had he not guided me through the intricacies of them. During that time he introduced me to his long-standing Eastern European partner (a journalist) and his newer apartment off of Dupont Circle in a building that they shared with Christopher Hitchens, among others of political bent.

Most notably, he came down to Rio for Carnaval when my first wife and family and I were living there in early 1987 during a Fulbright Scholarship research trip to Argentina and Brazil. Let’s just say that it was an eye-opening experience for him on a number of fronts, but he did get to enjoy some baile das panteiras (dance of the panthers–think of it as a lot of women and guys wrapped in very tiny lepoard skin outfits) close up and personal. He did not drink much but learned the joys of cacacha and the constant drumbeat of the street batucadas that echoed throughout the 10 days of Lent. That trip left an indelible impression on him and he even got some sun (unusual, for such an indoors kind of guy).

Sadly, after I moved to California, then Arizona, then Florida and then to NZ over the ensuing decade, we slowly lost touch, although we did communicate through a music blog that he ran in parallel to all of his other endeavours. We talked about his coming to NZ but it never came about because his health began to fail and I got wrapped up in triathlons and security related things that compounded the tyranny of distance that prevented us from maintaining closer ties. I regret that very much. In any case, you can find his extraordinary blog Lets Cool One here (its name comes from a Monk song): https://larryappelbaum.wordpress.com/

His name was Larry Appelbaum, and he was an extraordinary person.

May there always be a rhythm and musical surprise wherever you are, querido Larry!

https://www.nytimes.com/2025/03/11/arts/music/larry-appelbaum-dead.html?fbclid=IwY2xjawI-08xleHRuA2FlbQIxMQABHYL9tRk_UaMZqN5KSQxY64SKrnhOzG6wNoMvgq0BHffWVQyqkwCShhOZAg_aem__jD224k3NskcWJtwXzq7cQ

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School meals as human capital investment.

Although I do not usually write about NZ politics, I do follow them. I find that with the exception of a few commentators, coverage of domestic issues tends to be dominated by a fixation on personalities, scandals, “gotcha” questioning, “he said, she said” accusations, nitpicking about the daily minutia of pretty trivial matters and clickbait hysteria about usually inconsequential issues (such as the recent freedom of navigation/power projection exercise conducted by a small Chinese flotilla/task force that in no way presented a serious threat to NZ interests). The world is blowing up before our eyes and NZ media fixates on parliamentary bullying, politician’s name-calling, assorted partisan spin attempts and even the rhyming word salad vitriol spewing from one bloated onanist’s mouth. Rarely is there a reflection on the why of some policy controversies that extend beyond the immediacies of the moment. Worse yet, what starts out in corporate media coverage then gets siloed and echo-chambered down into social media cesspools where hatred and contempt for “others” is the most salient distinguishing feature of discourse.

As a short response, here I would like to very briefly do a reflection on the why of school meals.

Here is why: The most precious resource that a country has is its human capital. The creativity/productivity of its people are the true measure of its strength. Investment in human capital involves short- and long-term direct and indirect costs in human capital development, one of which is schooling. Since it is proven that well-fed kids do better academically and are more socially adjusted than hungry or poorly fed kids, school meals have long been considered to be an integral part of the indirect investment in (future) human capital. If for whatever reason parents cannot provide nutritious school meals for their kids to take to school (there are many, most not due to parental negligence), most societies accept the need to provide them in the school system using taxpayer-provided funding. This is not just a trait of democratic educational systems, Authoritarians well understand the concept of human capital development so are often just as prone to providing nutritious school means (often with propaganda associating the regime with school meal-provision programs).

For example, Argentina (where I was raised asa child), Brazil and Chile (where I researched and worked as an adult) all provide school meals at no or small cost to caregivers. This happened during periods of democratic rule as well as dictatorship, with the exception that the Pinochet dictatorship in Chile selectively closed entire schools and health clinics in working class neighbourhoods in order to weaken what it considered to be sources of class resistance to its murderous neoliberalism (from which NZ took many lessons, including its Labor Law reforms of the late 1980s and early 1990s, the legacies of which remain to this day). Similarly, some of the biggest protests against the chainsaw cost-cutting approach adopted by ACT Party favourite Javier Milei in Argentina involves cutting back on school meals, something that because of its extensive history in Argentina is considered to be a birthright, especially amongst the working classes. Along with other socio-economic indicators like the over-all poverty rate (now nearly 60 percent of the population), child malnutrition has surged in the (again, poor and low income) areas where school meals are the most needed and yet where meal cutbacks have been zealously applied.

That may be by design, like in the Pincohet regime’s approach in its day. Milei’s sociopathy simply sees the lower income strata as vermin that should be eliminated, not nurtured. Parsing David Seymour’s rhetoric on his school meal program and leaving aside the dubious circumstances in which the contract for his program was let, one gets the impression that he shares Milei’s Social Darwinistic worldview. We can only hope that he does not share Milei’s view that “blue eyed people” are “aesthetically superior” to dark-eyed folk (true story: Milei actually said this in a country where the majority of the country do not have blue eyes). But then again, Seymour’s attacks on the Treaty and adjacent attacks on Maori “privileges” seem to be cut from the same cloth as Milei’s.

That having been duly noted, the bottom line is that in most countries and certainly in the developed world, current tax dollars are used to invest in pursuit of future human capital returns. It complements immigration policy in that regard, as immigration provides short-term human capital inflows that over time can be transferred into inter-generation human capital development through education and the infrastructures that go with it (like school meals). In fact, dividends on this investment come in the form of productive adults upon whom less public money is spent on welfare, health and crime mitigation services, and who in fact pay more in taxes than those who wind up as dependents of those public services. Surely the trade-off is worth it.

It is therefore mistaken and short-sighted to claim that it is not the NZ school system’s responsibility to provide student meals. Those meals are a collective good that serve both the present and future commonweal. As such, they should be nutritionally sufficient to help a young person’s development, not just a cost that must be kept low. Scrimping on meal costs and arguing about parental responsibility at the expense of boosting NZ’s future human capital is folly.

But that is where NZ is today.

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On the DOGE data sweep.

Among the many other problems associated with Musk/DOGE sending a fleet of teenage and twenty-something cultists to remove, copy and appropriate federal records like social security, medicaid and other supposedly protected data is the fact that the youngsters doing the data-removal, copying and security protocol and filter code over-writing have not been properly security vetted and have at best been temporarily deputised into public service to do the retrieval tasks. They are loyal to Musk first, second and third and MAGA/Trump fourth. They are not loyal to the US public whose data they have now appropriated. This means that all that data collected is potentially being compromised or at risk of wider exposure and can even be data-mined, gifted or sold off to third parties for purposes other than public sector auditing or transparency.

That is pretty mind-boggling. As someone who held a S/TS/SCI clearance before leaving the US for a better life overseas, I had to undergo two polygraph and background checks conducted by the Defence Intelligence Agency before being granted the clearances, and upon leaving the security community I was placed under a 20 year gag order on what I had seen/done, with any material that I wanted to use after the 20 year gag window period ended subject to DoD censoring and editing (should I have decided to write or speak about topics that included using classified materials). I say this because I handled material that was just pertinent to my official duties, not wide swathes of data about everything under the sun, so the lack of security vetting of Musk’s minions is, again, astonishingly wrong.

This has the potential to end very badly, not just for the US government or what will be left of it after this reckless DOGE wrecking ball is done with it, but for the millions of people whose data can now be manipulated and used for untoward ends. We must remember that Musk is a dishonest and unscrupulous person, his cult minions and other “techbros” subscribe to variant of an anti-democratic and Social Darwinistic ideology known as “neoreactionism,” and MAGA acolytes like Stephen Miller, Pete Hegseth, Tulsi Gabbard, Pam Biondi and the authors of Project 2025 now installed in the corridors of power are all too happy to use any means to pursue the Trump/Musk agenda. Since all of these people are disreputable curs, none can be trusted to prevent misuse of personal confidential data for revenge, profit or other non-accountable purposes.

The questions then become: who benefits from the data-grabbing move? The GOP? Putin? The techbro oligarchy? What is the end game?

Whatever it is, it is a disaster in the making.

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Political societies and economic preferences.

Much discussion has been held over the Regulatory Standards Bill (RSB), the latest in a series of rightwing attempts to enshrine into law pro-market precepts such as the primacy of private property ownership. Underneath the good governance and economic efficiency gobbledegook language of the Bill is a desire to strip back regulations in order to give capitalists of various stripes more latitude of action.

The RSB is interesting for two reasons. One, it is the type of omnibus bill that is designed to supersede other legislation in the policy enforcement chain. It is a “mother of all laws” or foundational stone type of legislation that its proponents hope will serve as a basis for future legislative reforms and policy-making and to which all existing laws must be retro-fitted. Although it varies in its NZ specifics, it emulates the “Ley Omnibus” (later named “Ley Bases” (Base Law) pushed through by Argentine president Javier Milei last year, which basically allows for the dismantling of the Argentine State bureaucracy, reform of labor and environmental laws, slashes the public budget, and opens the economy to foreign investment.

As a result, although the inflation rate has been drastically reduced and some foreign investors have taken interest in the Argentine economy, the poverty rate now reaches nearly 60 percent, health indicators (and facilities) have cratered, pension and social welfare plans have been decimated, unemployment and crime have risen, and basic public services are on life support (including power and water provision in some areas). Despite these deleterious effects, Milei’s “chainsaw” approach has been celebrated by the ACT Party, sponsor of the RSB and its predecessors, so here again we see an example of NZ politicians borrowing concepts from similarly-minded foreign governments.

They are not alone: the incoming Trump administration’s Project 2025 and Project 47 copy aspects of Hungarian president Viktor Orban’s authoritarian-minded constitutional reforms (since it centralises power in the Executive Branch and restricts civil liberties and opposition rights). More ominously, because it is an omnibus bill that redraws the NZ constitutional map in a preferred image, it echoes the Nazi “Empowerment Law” that Hitler pushed through in the German parliament after the was named Chancellor in 1933, albeit without the repressive powers later confirmed upon him. As in the case with Milei and his Base Law (and Hitler at the beginning of his legislative campaign), the RSB depends on securing a slim parliamentary majority in order to to pass into law.

What is important to note is that such omnibus legislation is most often used in democracies by authoritarian-minded politicians who are afraid that they cannot get their policy reforms passed and accepted otherwise. It is a soft form of constitutional coup whereby the “rules of the game” are stacked via legislative reform in favour of a specific set of interests, not the public good. It is a “soft” type of coup because it uses lawful/constitutional means to achieve its ends. In a perverse way it is a sign of weakness that its proponents do so, as if they know that their preferred policy prescriptions will be rejected by the electorate in the absence of an overarching law forcing the public to follow them.

To be clear, here the focus is on omnibus or foundational laws, not more specifically drawn laws that follow from them. For example, commercial and environmental law cover aspects of social and economic life but are not “foundational” in the sense that they do not provide cornerstone underpinnings to civil and criminal law, which in turn address detailed and specific rights and obligations regarding various aspects of social life, including enforcement of those rights and obligations by an independent judiciary. “Penalties under the law” refer to this level secondary of judicial oversight, which in turn is governed by foundational principles enshrined in omnibus legislation (which is the province of constitutional law).

There is a second, more fundamental problem with this approach. It involves the distinction between political society and economic society and why they should not be intertwined.

Political societies are aggregations of people within given physical boundaries who agree upon or are forced to accept certain universally-binding rules regarding representation, leadership and collective decision-making. Because NZ is the subject of this post, we shall leave aside for the moment various authoritarian political communities. As a liberal democracy, NZ has a form of rule based on majority contingent consent to the system as given, formally expressed through elections but more granularly in the everyday actions of voters who accept their positions in the social order. People go to work, play, attend school, have relationships and generally comport themselves as members of society in accordance with commonly accepted notions of acceptable behaviour (e.g., “live and let live,” “due onto others as one would do onto oneself,” respect difference and the rules of the road, etc.). But that majority consent to any given democratic rule is contingent on public expectations being met, both materially as well as politically. Political and economic societies are formed to address (and shape) those expectations.

Economic societies are aggregations of people operating within a given productive structure, making things and generating surpluses from their labor and labor-saving inventions while exchanging goods and services. “Homo economicus” is non-political. S/he maximises economic opportunities in order to pursue material interests. The ways of doing so are many and can involve collective as well as individual effort, which is often determined by the type and modalities of production (industrial, agricultural, mixed, etc.) and the material goods being pursued.

Vulgar structuralist thought holds that the type of economic society determines what type of civil and political society emerge from it. To this day, proponents of things like (neo)modernisation theory adhere to this belief. But such views offer a simplistic read on the interplay between economic and non-economic factors, so claims such as “free markets lead to democracy,” and ” political parties are the political equivalent of economic agents in the productive process” are overdrawn at best. A more nuanced take is that civil and political life may have a grounding in economic life but are not reducible to or epiphenomena of it. In some instances, say in the cultural sphere, human behaviour is not a surface reflection of an underlying economic reality or framework.

Political society is about collective governance and civil engagement. In democracies it involves a “legal” agreement, compact, or contract about the way in which the political order should be governed, which involves ostensibly neutral institutions and processes, As such, it can co-exist with a number of economic arrangements and is not inherently linked to any one. For example, over the years democracy has coexisted comfortably with varieties of capitalism and socialism. Authoritarianism has also co-existed with capitalism and socialism. The particular combination of economic framework and governance structure defines specific variants of regime type: NZ is a “liberal” democracy because it is based on a capitalist economic foundation (first settler colonialist, now primary good export, real estate ownership and services dependent production). North Korea is a Stalinist country because it combines one-party authoritarian rule with State control of the mixed industrial/agrarian economy.

What this means is that laws in a democracy are basically a means of adjudicating disputes, avoiding collective conflicts and regulating individual and collective behaviour regardless of economic status (think of the “justice is blind” adage). Ideally, they should be agnostic or neutral with regard to economic preferences because it is possible that future generations of voters will elect to support different types of economic arrangements that they believe suit their collective and individual material interests better than current schemes.

But that is not what has happened. In NZ and elsewhere in liberal democracies, things like private property rights have been enshrined in law and thereby protected by the State. The evolution of this marriage of political and economic societies is complex but the bottom line is that NZ is a capitalist society governed by a democratic capitalist State that enforces the primacy of capital above all other things. To be sure, much lip service is given to civil liberties, human rights, equality before the law, even adherence to the principles of Te Tiriti o Waitangi. But the foundation of the modern NZ State is not based on a contract between interested parties such as the agents who signed the Treaty, or on respect for the rule of law per se, but on the structural dependence of NZ society on capitalism. The role of the NZ State is to help resolve the contradictions that inevitably emergence in a political system where a minority of voters control major parts of the productive apparatus but rely on the labour of others (wage labour) in order to generate the material surpluses (profits) that allow them to exercise (indirect) political as well as (direct) economic control in NZ society.

The RSB seeks to further deepen that structural dependence of NZ society on capital by giving certain capitalist fractions more leeway in the conduct of their self-interested affairs. When fully implemented it will atomise wage-labor both in and out of production while consolidating specific types of capitalist structural control. In that light the RSB codifies the State’s role (or non-role) in facilitating capitalists’ (aka businesses) self-interested pursuit of profit. From then on self-interested maximisers of opportunities, individual and corporate, will seek comparative advantages in the deregulated marketplace.

The problem, again, is that enshrining a specific set of economic preferences or biases in a political charter interferes with voter’s freedom of choice when it comes to their own economic interests and desires. Depending on their circumstances and structural location in the productive apparatus, not everyone may be a fan of capitalism or accept the primacy of private property rights. Some may even prefer socialism, however that is defined. Prioritizing and facilitating the pursuit of specific economic preferences contravenes the commonweal (public interest) basis of democratic political charters such as that governing Aotearoa. Instead, it rigs the societal “game” in fair of a select few.

Other, more astute minds have already voiced their opposition to the RSB on a variety of grounds. Here the point is to remind readers of why omnibus bills are inherently anti-democratic even if they are legally constitutional, and why democratic political society is distinct from and should remain “above” economic society however construed. The former deals with universal values and interests; the latter involves specific sectorial interests and their material objectives in a system structurally based on the pursuit of profit. Although they may be overlapped in fact because of NZ’s history of structural dependence on capital, the public good is best served when the political/legal framework is agnostic or neutral when it comes to sectorial interests. That is what democratic collective bargaining systems are for and why political lobbying needs to be tightly regulated. Instead, the RSB seeks to tilt the game board in the direction of a specific set of interests, not the public interest at large.

Alas, although it is not meant to be, the rightwing NZ economic and political twain have met, and the outcome is the RSB. For the reasons outlined above, that is why it should be opposed.

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Media Link: Discussing the NZSIS Security Threat Report.

I was interviewed by Mike Hosking at NewstalkZB and a few other media outlets about the NZSIS Security Threat Report released recently. I have long advocated for more transparency, accountability and oversight of the NZ Intelligence Community, and although the latter remains only as a hope the Report is a decent step towards making the NZSIS more open about how it sees the NZ threat environment. The Report is straight-forward and easy to read, and even if it does not identify sources and methods (as it should not), it gives the public a good idea (sometimes in refreshingly blunt terms) of how it prioritises the threat landscape and the means and criteria by which threats are identified as matters of national security concern.

The interview is here.

The Report is here.

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About boot camps.

I am not a criminologist or organisational sociologist, so I cannot offer a data-driven opinion on the effectiveness of military-syle so-called ‘boot camps” when it comes to rehabilitating juvenile delinquents and youth offenders. They are popular in the US and other cultures where a premium is placed on using institutionalised discipline and punishment in order to enforce compliance with social norms, even at an early age (needless to say, Michel Foucault has much to say on this subject-he has a book on the subject–so I shall refer readers to his work). Now they have been resurrected in NZ by the ruling coalition, with the first ten inmates–all considered to be “serious youth offenders” convicted of at least two major crimes–scheduled to begin their 12 month rehabilitation trial starting early next week. It will be interesting to see how that works out for them.

I must admit to being unfamiliar with the specifics of the program that is about to be trialed, so am happy to be educated about it. I should also note that the NZDF declined to participate in the program, so whatever it is modelled on may not reflect current NZDF “boot camp” practices. Perhaps it is modeled on foreign juvenile delinquent “boot camp” programs and/or staffed by ex-NZDF or NZ police or a private security company that has expertise in such matters. Again, I am all ears on the who/what/how of the project (since it is just a trial according to the government). But for the moment and whatever the relative merits, I find the whole concept of using boot camps as models for rehabilitating miscreants somewhat perplexing.

Allow me to explain why.

“Boot camp” is a euphemism for military basic training. In basic training, which lasts approximately six weeks in most countries, followed by assignment to other military units, civilian recruits are isolated from civil society and psychologically “broken down” in order to install in them new military values and technical skills. The emphasis is reducing the individual’s notion of “self” and subordinating it to the notion of “service” via the harsh inculcation of rote obedience to authority, reflexive adherence to orders and submission of the ego to the collective good of a larger whole that is united by its common training in the skills of armed combat, i.e., the military unit. The purpose of this is to turn former civilians, with all of their notions of individuality, community and the fluid relationship between them, into soldiers, that is, a cohesive group of anonymous members of a larger hierarchical entity (the armed forces) dedicated via specialised training and political purpose to destroying designated enemies of the State.

Put bluntly, boot camps turn civilian recruits into sociopathic killing machines aimed at State-designated enemies in which their psychological reorientation and education in the techniques and instruments of organised murder serve the interests of the State and the society from which they came and which the State purports to defend. Loyalty is to the in-group above all else (hence the saying that soldiers fight for each other and have “espirit d’corps”), and their collective murderous intent is fixated on designated ‘others” by the powers that be, as expressed by the military chain of command.

One might say that if anything basic training boot camps are exercises in learning the ultimate form of mass anti-social behaviour (collective violence), but with organised features and specific targets. They are anything but rehabilitative in orientation.They simply replace the “looseness” of civilian life with the discipline and technical skills required to kill and be killed in battle.

In fact, when soldiers near the end of the service careers they are put through re-orientation programs designed to prepare them for the return to civilian life. These involve de-programming soldiers of most of what was learned in basic training boot camps and re-programming them with a more social-oriented ethos conducive to their better reintegration into civil society. In other words, they are taught to unlearn the sociopathic traits learned in boot camps in order to become contributing members of society.

It therefore strikes me as odd that anyone would think that it is a good idea to give youth offenders boot camp-style training. It seems that–not to be frivolous about the issue–it would only make them better (more disciplined, organised and prepared) criminals down the road. On the other hand, if the emphasis is on the non-sociopathic aspects of basic training–service to a higher good, sense of shared community, adherence to universal norms and values, subsuming of self to society, etc.–then perhaps the “tough love” approach might work, especially if it emphasises the re-integration aspects of military end of service separation programs.

But if the emphasis is on scary drill sergeants barking orders and enforcing physical compliance, 5AM wake-up calls and 8PM lights out rules, cold showers, detention mandates, forced schooling routines, hard physical exercise and endless drills and chores interrupted by short meal breaks, then it seems that is as much about punishment as it is about discipline and consequently not conducive to the individual’s comfortable transition into being a contributing member of the community (unless one believes that punishment itself is a form of rehabilitation. That appears to be the view of those responsible for the abuse in care atrocities recently detailed in a Royal Commission Report on the treatment of minors under state care in postwar NZ. Let’s just say that when it came to rehabilitation and social reintegration of the abused children, the results were not positive, so the irony of introducing the boot camp scheme shortly after the Royal Commission’s Report should not be lost on anyone).

In any event, the emphasis on military basic training as a model for young criminal rehabilitation seems suspect given the nature of military basic training. Perhaps the emphasis should be on offering a strong hand that helps and a firm shoulder on which to lean rather than on using the boot.

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Still the 5 Eyes Achilles Heel?

The National Cyber Security Centre (NZSC), a unit in the Government Communications Security Bureau (GCSB) dedicated to cyber-security, has released a Review of its response to the 2021 email hacking of NZ members of the Inter-Parliamentary Alliance on China (IPAC, a global organization of parliamentarians) and Professor Anne-Marie Brady, the well known China expert and critic. A number of problems were identified, both operational and (yet again) with regard to accountability and transparency, so I thought I would briefly summarise them.

The Review states that too much focus was placed by the NCSC on “technical” solutions to the email phishing probes instead of considering the “wider” context in which the hacking occurred. In layman’s terms that is akin to saying that the NCSC got busy plugging holes in the parliamentary server firewalls after breaches were detected without considering who was being targeted and what purpose the hacking may have served. This is remarkable because the hacking came from ATP-31, a unit linked to PRC military intelligence well known for having engaged in that sort of activity previously, in NZ and elsewhere. Moreover, the NCSC had to be alerted by a foreign partner that the email phishing efforts were part of a progressive hacking strategy whereby the ultimate target was not the emails of MPs but of the IP addresses that were being used by those MPs. In fact, the NCSC currently does not have procedures for how to respond to reports that foreign, including state-sponsored, actors are targeting New Zealanders. The NCSC found out about the parliamentary email servers hacking from Parliamentary Services in the first instance, and then from foreign partner intelligence that was passed on to it by the NZSIS.

This is of concern for several reasons, not the least of which is that it took a foreign 5 Eyes partner to alert the NCSC to something that it should have been well aware of itself (progressive hacking), and because the NCSC initially assumed, for whatever reason, that the phishing was done by ordinary criminals rather than foreign intelligence units. It also assumed that MPs were already engaged in providing their own security, even after Parliamentary Services flagged potential breaches of its email servers to the NCSC. In fact MPs were apparently told more by Parliamentary Services than the NCSC about their being targeted (albeit after the fact), and the University of Canterbury, Professor Brady’s employer, apparently was never contacted about potential security breaches of their servers.

Since MPs may have sent and received emails from multiple IP addresses attached to their official and personal devices, the security breach implications of the email hacks could be considerable given the potential cross-over between personal and official MP communications. Put bluntly, it is incredible that a dedicated cyber-security unit that is an integral part of the GCSB and through it the Anglophone 5 Eyes signals/technical intelligence network did not consider the membership of the targeted MPs in IPAC and that the phishing occurred at the same time that Professor Brady’s emails were targeted (Brady is known to have close contacts with IPAC). This is basic 1+1 contextual stuff when it comes to operational security in cyberspace, so one gets the sense that the NCSC is made up of computer nerds who have little training in geopolitics, foreign policy, international relations or how the world works outside of WAN and LAN (hint: these are basic computer terms). They simply approached the hacking attacks as if they were plugging a leaking dike rather than consider what may be prompting the leaks and red-flagging them accordingly.

The advice given by the Review was for the NCSC to engage more with the targeted individuals in real time, who only found out about their exposure long after the fact. Moreover, the Minister of Intelligence and Security was not briefed on these intrusions, much like the targeted MPs and Professor Brady were not. Again, this defies the notion of democratic oversight, transparency and accountability within NZ intelligence agencies. Worse yet, it follows on the heels of revelations that for a few years a decade ago the GCSB hosted a foreign partner “asset,” presumably a signals or technical intelligence collection platform, at GCSB headquarters in Wellington without the knowledge of the then Minister or even the GCSB Director-General. Operational control of that platform, including specific taskings and targets, were done by the foreign partner. Imagine if one of the taskings was to geotrack a foreign human target in order to eliminate that target. If word was leaked about GCSB’s hosting of the tracking platform, it might cause some diplomatic tensions for NZ. At a minimum it is a violation of both NZ’s sovereignty as well as basic notions of intelligence agency accountability in a democracy. It seems that, almost a decade later, the much vaunted reforms designed to increase intelligence community accountability embedded the 2017 Security and Intelligence Act had not filtered down to the NCSC dike-plugging level.

This is a very bad look for the GCSB, both in the eyes of its domestic clients as well as those of its 5 Eyes partners. NZ already had a reputation for being the “Achilles heel” or “weak link” of the 5 Eyes network due to its lax security protocols and counter-intelligence capabilities. This may only confirm that belief in spite fo significant efforts to upgrade GCSB capabilities and toughen up its defences, including in cyberspace. And, judging from the reactions of the targeted MPs and Professor Brady, domestic clients of the NCSC, who are both private and public in nature, may not feel too reassured by the Review and its recommendations.

It is known that the GCSB is made up of an assortment of engineers, translators and computing specialists. It has a remit that includes domestic as well as foreign signals and technical gathering and analysis, the former operating under the framework of NZ law under the 2017 Act (most often in a partnership with a domestic security agency).This brings up a question of note. If the staff are all of a “technical” persuasion as described above, then it follows that they simply adhere to directives from their managers and foreign partners, collect and assess signals and technical intelligence data as directed by others, and do not have an in-house capacity to provide geopolitical context to the data being analyzed. It is like plugging leaks without knowing about the hydraulics causing them.

In that light it just might do good to incorporate a few foreign policy and comparative political analysts into the GCSB/NCSC mix given that most of NZ’s threat environment is not only “intermestic” (domestic<–>international) but “glocal” (global and local) as well as hybrid (involving state and non-state actors) in nature. Threats are multidimensional and complex, so after the fact “plugging” solutions are temporary at best.

Given their diversity, complexity and sophistication, there are no “technical” solutions that can counter contemporary threats alone. Factoring in the broader context in which specific threats materialise will require broadening the knowledge base of those charged with defending against them or at a minimum better coordinating with other elements in the NZ intelligence community in order to get a better look at the bigger picture involved in NZ’s threat environment.

The NCSC in-house Review is silent on that.

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The boy is home.

It a remarkable turn of events my son is home 8 days after surgery. The contrast with his September surgical and post-operation experience is stark: what too 5-7 days in September (removal of most IVs and draining tubes, catheter, getting up to walk and use the loo, diminishing of painkillers on demand) now happened in just 2-3 days. His final drain was removed on Sunday and his final IV yesterday. His last chest X-ray was clear. He was then discharged last night. I am truly staggered at the contrast in recoveries and it is only now that we realise how close we came to a disaster last spring.

So four surgeries (two open chest) in 5.5. months later, we now have a basis for hope. Although his energy levels are still low–he feel asleep in the car during the hour+ drive from the city to our homestead, something that he has not done since he was five–the colour is back in his skin and he is already talking about going back to school. We will ease him into that with a visit on Friday, but it looks like the worst is over. He has a few tears in his left lung where it adhered to his inner chest wall when deflated, and his phrenic nerve may have been nicked during the procedure to remove the cystic mass enveloping it, but his diaphragm is working, his lung is inflating and both the tears and nerve should heal in time. Again, the whole process has been a study in contrasts.

It was interesting to see people from all walks of life in the wards. Some clearly have had a rough go of it. I found it refreshing that even though the rules specified just two visitors per patient at a time, the nurses were relaxed about extended family visitors circulating through. The general ward has a steel drum and xylophone available for anyone to use, and because the weekend was brilliant the instruments were moved out to a big veranda overlooking the helicopter pad. The kid in the next room had abut 25 members of his whanau out there lounging under makeshift tents made from bedsheets (the sun was blazing), playing music on the instruments and basically offering not only support to the child patient but also to his parents. In that sense it reminded me of Irish or Italian (my heritage) wakes–attendees are not only there for the departed, but for those that they leave behind. In this case the child is the priority and alive, but the family support extends well beyond the bedridden. When it comes to family values, let’s just say that some folk know how to walk the walk.

Needless to say we owe a deep debt of gratitude to the Starship staff. During the seven day stay my son was in the heart ward, the general surgery ward, the paediatric ICU as well as the cardiac operating theatre and recovery room. Every step along the way the doctors, nurses, counsellors, psychologists and ward orderlies were there to help. That even extended to a multidisciplinary effort to help the kid deal with his fear of the very painful removal of the deep drains at the bottom of his mainline scar and in between his left side ribs. Between the anaesthetists, surgeons and play specialists, he had a much better experience this time around and emerged as a free boy unencumbered by his tubes or the drip trolley.

As a bonus my son spent the last three days in a single room opening onto that wide veranda overlooking the helicopter pad. He not only got to watch the choppers come and go, which allowed us to discuss the various models involved and to speculate on the patients and how crews worked in difficult circumstances for the betterment of others. But he also got to play the xylophone and make friends with some resident pigeons on the veranda, two of which he named “Bob” and “Uncle.” I am a bird fancier and the kid has followed in my footsteps in that regard, plus we have birds at home, so he quickly became buddies with the feathered residents, to the point that he was feeding them out of hand and they were perching on his arm by the time he left. To be honest, the best use of hospital food turned out to be when taming the resident birds.

We have all come out the experience much wiser in many regards, and completely thankful for the skills and compassion of others. I extend that thanks to all of you who offered your support as well. Now back to normalcy!