Category Archives: Toleration

Differentiating between democracy and republic.

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Although NZ readers may not be that interested in the subject and in lieu of US Fathers Day missives (not celebrated in NZ), I thought I would lay out some brief thoughts on a political subject being debated in the US. It seems crazy but there seems to be some confusion on what a the terms “democracy” and “republic” mean.

There are (MAGA) right-wingers and conservative media commentators who claim that the US is a Republic, not a Democracy. They are either cynical or ignorant. The two are not antithetical. Democracy is a means of giving political voice, selecting political representatives and granting social (and often economic) equality. It comes from the Latin word “demos,” or polity.

Republics (from the Latin res publica) are a type of political governance where, unlike monarchies or other forms of oligarchical rule, leadership purportedly derives from or is delegated by the sovereign will of the people (which may/may not be voiced democratically). There are democratic republics and there are authoritarian republics, so the two terms–democracy and republic–while having different specific meanings, may or may not be overlapped when it comes to a given political framework.

In fact, as the old saying goes, any country with “democratic” in its name is likely not regardless of whether it has “Republic” in its title. For example, the Democratic Peoples Republic of Korea (DPRK) is anything but. The Peoples Republic of China (PRC) holds elections (in the Chinese Communist Party (CCP)), but is certainly not democratic in the liberal (universal, free, fair and transparent elections) sense of the term. Argentina under its dictatorships remained a “Republica Federal.” In fact, Republics can be federal in nature, where political administration is decentralized and broken into constituent parts such as US or Brazilian states, or unitary in nature, where the central government has administrative jurisdiction over the entire country (as in NZ). In neither case does this necessarily involve democracy as a concept or practice. It is simply a type of governmental administration within given territorial limits, to which different types of political voice, representation and accountability are attached.

Again, democracy is about political expression and social equality; republic is about political organisation. The US was founded and has been broadened via much struggle and conflict as a democratic republic (first for some, eventually for all). The process involved two parallel processes that were not always congruent or synchronised, which consequently has led to repeated conflict (think Civil War and the Civil Rights movement). In fact, the broadening of “democratic” rights within the US over the years has produced backlash from small and large-R “republicans” who believe that the awarding of rights to previously marginalised groups and non-citizens somehow infringes on their existing rights (which assumes that “rights” are an indivisible pie where awarding some to one group means that other groups will lose their fair or previously allotted share). This has extended into discussions of “states rights” versus those accorded by US federal law, where advocates of the Republic versus Democracy designation argue against democracy because it interferes with State’s autonomy over their internal (political, economic and social) affairs. In this view, a US Republic leaves the issue of individual and collective rights to be decided by States under their own self-made laws. Democracy removes that prerogative by federal fiat, subjugating states to the dictates of a federal overseers (who in turn are seen as pawns or tools of nefarious elites). This view is deeply flawed, if not dishonest.

The “states versus feds” debate has been rehashed endlessly and largely settled as a matter of US constitutional law. Despite ongoing efforts by groups like the Federalist Society to redefine the relationship between the central government and states, it has never really been framed as a “Republic versus Democracy” issue. But in the hands of malevolent or ignorant actors, this adversarial distinction contributes to the false dichotomy between and binary juxtaposition of the two different but often compatible terms.

It would be a pity if the narrative that democracy is antithetical to being a republic begins to take larger hold in the US in the lead-up to the November elections. Perhaps some of those who espouse such a view really would prefer that the US become an authoritarian republic. But what the very presence of such views does show is that when it comes to fundamental concepts underpinning the US political order, there sure are a lot of misinformed if not downright stupid people out there–and plenty of others who wish to exploit their ignorance for myopic partisan gain.

Te Pati Loco?

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Normally I would not write about Maori issues. I may have been living in NZ for over 25 years but I do not feel that it is my place to opine because I am not an expert on Maori history and politics and do not speak Te Reo (because as anyone who seriously studies comparative politics will attest, foreign language proficiency is a bottom line requirement for scholarship in the field unless you only study countries and cultures that speak your mother tongue). Hence in the past I deferred to Lew to write about Maori issues here at KP, but since he has departed there is no one left to do so.

However, in light of the recent carkoi and protests organised by Te Pati Maori (TPM) in response to the Coalition of Cruelty’s budget, I thought I would touch briefly on a matter of Te Pati Maori praxis. I was dragged into the debate about the protests when I noted on social media that the use of the term “strike” to characterise the direct action was done in error or for dramatic effect since “strike” is codified in employment law as a collective withholding of labour services by employees from employers in the context of workplace disputes. If the labour service withdrawal is called by collective agents and follows the procedures for engaging in such action (giving notice, etc.) then it is a strike “proper.” if it is done by individuals or groups of workers without collective authorization, then it is a “wildcat” strike that may be deemed unlawful by employment courts. A general strike is a labour service withdrawal across economic sectors done for economic and/or political purposes, which is difficult because it requires unity of purpose and action by employees working in different productive areas, which in turn requires agreement between union agents and agent/principal agreement in every union on the action. That is a big ask.

Taking a day off from work to go to a protest, be it by using paid, unpaid or medical leave or no leave at all is not a strike no matter what one calls it. Workers assume the employment risks associated with such actions. Employers can weigh their responses according to the law and their relationship with employees. That could even include giving people the day off or paying them overtime to stay on the job, among other options. Again, the nature of the relationship between boss and worker outside of the legal framework can influence an employer’s response for better or worse.

I figured that since I have written two books and a dozen or so scholarly articles about comparative labour relations, including the subject of strikes and State responses to working class collective action, that my neutral if pedantic observation about the proper use of the term “strike” would be as unremarkable as it was incontrovertible. I was wrong.

To be sure, the use of the term “strike” in the Te Pati Maori protest literature, which explicitly references it as a display of Maori economic power, lent itself to the view that Maori were going on strike. As such, right-wingers seized on the term to call for employer retaliation against those who joined the protests. There was much agitation on the Right about violations of contract (individual or collective) and the penalties that should be levied. The PM weighed in with the comment that workers should be careful about striking and that strikes should be done on weekends because that way they would not be as disruptive.

Besides the fact that a PM should know the difference between a strike and a protest (rather than cynically feed into the “strike” narrative), it is pretty rich for him to suggest that strikes are best done on weekends. As I said on social media, by that logic we should take our holidays on weekends as well. The whole point of strikes, protests, demonstrations and other types of direct action is precisely to be disruptive of the status quo as given in defence of a cause or to air grievances. A protest without disruption is like an army without a fight, full of rebels with causes but no stomach for consequences. Protests and strikes are about assuming collective and individual risk. The risk may be large or small depending on circumstance, but in one way or another it hangs over acts of “unauthorised” direct action in most every instance.

Having said all of that, I understand the call to strike in the Te Pati Maori literature as using the original sense of the term, which means “to deliver a blow.” The protest was organised as a symbolic blow against the reactionary anti-Maori thrust of the Coalition of Cruelty’s policies. It was not about Maori labour service withdrawals per se.

For my troubles in clarifying what is and what is not a strike and how the term was misused in the call to action by both supporters and opponents of the protests, I was called condescending, paternalistic, pompous, a lightweight, and best of all, a “racist c**t,” the latter by a lady who surely must kiss her mum and perhaps children with that mouth. As I wrote to her, she must be fun to be around.

All of that aside, I then got the pleasure of watching Te Pati Maori leaders speak in and outside of Parliament on the subject of the protest and much more. Although Ms.Ngarwera-Packer presented her views coolly, her counterpart Mr. Waititi was at his bombastic, hyperbolic best, taking the tradition of Marae oratory to a level that even that tax-funded weiner-tugger Shane Jones cannot match. He threw out gems such as “if Maori are 60 percent of the prison population then (we) deserve 60 percent of the Corrections budget,” a feat of logic so extraordinary that it would be akin to saying that NZ should pay the PRC, Russia and rightwing extremists most of the intelligence budget because they are the ones being spied on. To be frank, I have always found Mr. Waititi to be a bit of a buffoon and charlatan, but then again, that is probably the old Pakeha racist codger in me doing the assessment (I have been characterised as such before).

Which is why I paused to reflect on my reaction to his rants. Others have already noted the hypocrisy of TPM being funded by taxpayers and gaining prominence via “Pakeha” procedures and institutions. They have noted with alarm the seditious rhetoric of Mr. Waititi’s wife, the daughter of none other than that paragon of indigenous resistance, John Tamihere (although Mr. Tamihere’s management of the Waiparera Trust, for whatever its faults, was first rate during the pandemic and is widely respect in the West Auckland community). Now the TPM is calling for a separate Maori parliament, presumably to run in parallel to the “Pakeha” parliament and be equal to it. I am not sure how it will be funded and what outcomes it hopes to achieve, but it provides some food for thought about political alternatives even if it has a snowball’s chance in hell of materialising while the current government is in power.

The proposal is interesting in part because one of the features of a Mixed Member Proportional (MMP) democratic system like that in NZ is that it allows small, narrow-focused or single issue parties to get elected and press their interests within parliament, using coalition-building and vote-trading as a means of doing so. The ACT and Green Parties started out this way and have now widened their political appeals beyond their original core policy platforms. Whether that is for better or worse is for others to decide, but the general thrust for both of them was to start narrow and then widen their platforms via the incorporation of other agenda items and constituencies. ACT has gone with the gun rights crowd, incels and racists; the Greens have gone with identity issues, animal rights and rainbows. Both have had success by doing so. NZ First has done something a bit different, using malleable nationalist populism as a vehicle for Winston Peter’s political aspirations. To his original xenophobia and self-loathing Maori appeal (to blue rinse Pakehas), he has now added anti-vaccination conspiracy weirdness and slavish “anti-woke” corporate bootlicking to the party repertoire. Like the broadening shifts undergone by ACT and the Greens, it has served his party well and allowed it and ACT to become the tail-wagging rump ends of the Coalition of Cruelty dog.

Te Pati Maori is a different kettle of fish. Gone are the days of Pita Sharples and Tariana Turia, who tried to play the centrist–some might say assimilationist–parliamentary game.They supported both Labour and National-led governments while confining themselves to practical pursuit of “reasonable” goals, that is, objectives that could be achieved by and within the system as given. Truth be told, the Maori Party record was mixed at best, but one thing that did come out of its emergence on the political scene is that outside of Maori-related issues (say, rural health and lower-income welfare support), it had zero to little impact on NZ government policy. The “big” policy decisions were made by Pakeha-dominated parties, including things like foreign and defence policy (I wrote about the Maori Party’s lack of consequence in NZ foreign policy other than on international indigenous affairs in this scholarly article).

Today’s Te Pati Maori is different. More than a just a party name change, it is overtly anti-Establishment and “progressive” in orientation (whatever “progressive” means to them, which may not be what other “progressives” think that they are). As the proposed Maori parliament suggests, TPM rejects the system as given. That is why it uses the word “strike” without regard to the Pakeha convention known as Employment Law. It’s spokespeople openly speak of “revolution” and government overthrow even if it is unclear what they actually mean when they use those terms. What is clear is that TPM is more about political theatre and symbolic politics than delivering tangible policy outcomes to and for their constituents. If anything, its marginalization within the political system has increased along with its militant rhetoric and actions. It might be too early to tell, but the carkoi protests could be seen in that light: as a lot of bluster and fanfare but no tangible impact or results to show for them. In fact, the response from most other parties was to either lambaste or shrug and ignore Te Pati Maori’s antics. Time will tell if the impact of the protests are more subtle and longer-term in nature but for the moment TPM stands alone, seemingly barking into the wind.

Again, that got me wondering as I stopped to check my white privilege. Am I being unkind to TPM? Or am I just another racist cracker bleating about the rise of a righteous and strong indigenous voice?

I found my answer in Gramsci. It occurs to me that, because TMP often refers to its actions and rationales in neo-Marxist terms with a smattering of Paulo Freire, Franz Fanon and Norm Chomsky thrown in, that Te Pati Maori sees itself waging a war of position within the “trenches” of the NZ Pakeha State. That is to say, it is working from within to disseminate its “counter-hegemonic” vision and policy prescriptions in civil and political society. Its focus is on grassroots organising, starting with Maori and reaching out from there into other “progressive” communities such as those grouped under the Green and Left Labour banners. It is not worried about converting the old Pakeha elites or engaging in parliamentary compromises because, as the recent census shows, Maori are growing in demographic numbers while Pakeha are declining. Given the structure of MMP, that growth can translate into increased seats in whatever parliament they chose to stand in, and given the youth appeal that they presently feel that they have, time is on their side. Along with forging alliances within the Labour and Green parties, unions and other civil society organisations, TPM is using a long-game strategy where what it is doing now sows the seeds for its successes down the road.

They may not be so loco after all.

So what to make of Te Pati Maori? Are they just nuts (as the term “loco” implies)? Are they communists, extremists and separatists as Winston First and Tugger Jones claim them to be? I would argue no to both suggestions. What TPM is doing is a time-honoured yet new form of politics in a social media age, where their theatrics are part of a grassroots appeal to marginalised and disaffected (not always the same) groups, especially proletarians of colour. By working “in the trenches” TPM can slowly promote an ideological re-orientation away from neoliberal vestiges (because neoliberalism is not just an economic doctrine but has become over the course of two generations a social construct that frames our way of life) and towards a type of post-modern indigenous-centric perspective infused with working class-based values and perspectives. This view is self-realised and awake rather than woke, defiant but not always disrespectful, confrontational but not conflictual, independent rather than (Pakeha) dependent, cooperative and collective rather than corporate in organization. It may take time for the TPM-led movement to congeal, but the stirrings are there and the people are ready for generational change to take effect. That is the plan and TPM sees itself as the instrument for converting that plan into praxis.

Or so they hope.

The Israel/Palestinian metastasis.

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In the weeks after the October 7 Hamas attacks on Southern Israel I wrote about the possible 2nd, 3rd and even 4th order effects of the conflict. These included the possibility of new fronts being opened in the West Bank (with Hamas), Golan Heights (with Syria), Northern Israel/Southern Lebanon (with Hezbollah), with the Yemeni Houthis (at sea and in the air) and with Iran (now directly) all of which seemed a fair possibility back then and most of which have indeed eventuated. Israel has needed allies to help fend off some of the widening attacks, while Palestinians have had to place themselves at the mercy of the international community for humanitarian aid because Israel will spare them little of it while prosecuting what for all intents and purposes is a scorched earth war policy in Gaza. Other than Iran and its proxies/allies, no one is coming to the military rescue of Hamas or Palestinians in general. In other words, it is now a one-sided meting out of punishment on a largely defenseless population.

What I did not envision is what is happening on campuses in the US and around the world nearly seven months after the Hamas attack. The ensuring conflict has become a lightening rod and trigger not just for those disgusted by the events in Gaza but also for those who espouse a number of other grievances, including climate change, racism, global inequality, imperialism and colonialism, political corruption and even capitalism itself. In response, the Right labels them all “radicalised” commies and terrorist lovers because that is an easy way to introduce culture war themes into the mix rather than debate the complexities of what is happening in the Eastern Mediterranean. Apparently the war on Gaza is less about Israel and Palestine and more about a host of other (not all unrelated) things. The moment of friction that I wrote about recently has now come to American academe.

This has turned campus protests (and the coverage of them) into partisan events, with rightwing entities backing pro-Israeli demonstrators and leftwing and progressive forces, including those in the Democratic Party in the US, siding with the pro-Palestinian side. The protests include non-students as well as students, confirming what I wrote in the last post about outside agitators and infiltrators using the opportunity to advance their own agendas (which often go beyond the Israel/Palestine conflict). This includes Antifa and the old Occupy Wall Street crowd, now resurrecting old peeves (some well justified then and now) on the back of the Palestinian cause. For the US Right it is another way of showing how Democrats are soft on crime and Joe Biden is a doddering old fool while demonstrating that, like Republican Governors Abbot of Texas and DeSantis of Florida have done, you show strength by ordering cops to bash in heads of people wearing masks and keffiyeh–but not those waving Israel flags.

Unfortunately, this has lifted the scab on long-festering hatreds in many societies, including the US. Long dormant anti-semitism has been inflamed by Israel’s actions in Gaza, which however heinous the October 7 Hamas attacks were, are grossly disproportionate to them (including using starvation as a weapon), and are therefore a form of collective punishment that, if not genocidal in the strictest sense of the term, certainly seems to have ethnic cleansing as a purpose. Conversely, Islamophobia has been resurrected by the Political Right, including conservative Christians and Jews and an assortment of rightwing media outlets and political organisations. In the pro-Palestine protests there are now people who believe that the main problem are Jews rather than Zionists or the the State of Israel’s actions. In the pro-Israel camp there are people who believe the root cause of the conflict is Islam, Arabs or the both combined. Primordial hatreds have been resurrected and brought to the fray, which now encompasses pre-modern, modern and post-modern fault lines covering a broad spectrum of divisive issues.

Then there are those who are not quite sure who to hate more. Take for example representative Marjorie Taylor Green (R-GA), who believes that all Muslims are potential terrorists and therefore should be deported from the US and Europe, but who on the other hand, when it comes to “the” Jews, well, there is that problem of their space lasers causing forest fires….

This is why I refer to this evolution as a metastasis of the conflict. It is malign in nature and it is spreading well beyond the original boundaries of the conflict qua disease. The pro-Palestinian protestors have degenerated in some places into glorification of Hamas’s atrocities and a Holocaust denying Jew hate fest. Likewise but in mirror fashion, pro-Israeli demonstrations rejoice at the civilian death toll in Gaza, paint all Muslims/Arabs as savages and call for their extermination as such. Neither is really interested in a legitimate “debate,” and both are using protests to stake antithetical claims. That is not good and does nothing to change minds, much less advance any peaceful resolution or long-term solution to the impasse in the Levant.

My alma mater, the University of Chicago, appears to have struck a good balance by allowing an encampment to be established on the central university mall but not on footpaths or in front of buildings. The university makes a distinction between free expression versus disruption, drawing the line when the former is used to justify the latter. It seems to be working so far, as the protests are loud but constrained when compared to other universities. That being said, MAGA frat boys have tried to storm the encampment, only to be repelled by the U Chicago police (as a private university U Chicago has its own accredited police force dating back to the 1960s). The rightwing frat guys have a history of racist antics and in this case appear to be less interested in supporting Israel than in scoring physical points against woke “commies.”

Other places that I have taught at, including the University of Arizona and University of South Florida, have descended into chaos, including the use of rubber bullets and tear gas to roust pro-Palestinian crowds. As for the University of Auckland, where I also taught, Students for Justice in Palestine (they dropped the “Peace” from their name a while ago) abandoned their attempts to set up an encampment when the University informed them that as a registered university club they would be in violation of university policy regarding club rules if they did so and therefore become liable for suspension, etc. They still have the freedom to conduct peaceful protests outside the main library on a daily basis, which is what they have agreed to do.

That is somewhat ironic– student protesters accepting the orders of their institutional masters when it comes to how to behave. Ah, the kiwi way! But where are the old “Minto” types of direct action these days? (Minto himself was down in Christchurch yesterday protesting National’s support for Israel, so at least that old dog still has some bark left in him). Is it true that today’s generation of NZ leftist activists have gone a bit soft? It is not for me to say since I am just a Trotteresque keyboarding observer these days, but the starch seems to have gone out of the current protester’s shirts when it comes to Israel and Palestine. On the other hand, when it comes to vaccinations, government mandates, Qanon and the Deep State, those on the NZ Right have shown in March 2022 how far they are willing to go in order to prove their points (and mettle). In fact now that I have mentioned them, given the attitudes of many on the NZ Right when it comes to Jews and Muslims, where might they stand when it comes to the Middle East? Perhaps Kyle Chapman or one of the Counterspin or Action Zealandia weirdos can enlighten us.

Let’s be clear on this. The Right demonstrate over matters that they feel affects them personally (like vaccines and mandates), but not over matters of solidarity with or concern for others. Their protests are about infringements on themselves, not on infringements not he rights of others. The Left, such as those involved in the student protests, demonstrate out of humanitarian concern for people that they do not even know, but whose basic humanity is under lethal siege. To be sure, there are the bad-intentioned actors among them who bring other agendas into the mix, but the motivations for Right versus Left protests are often quite different in origin.

That brings up a larger issue. Are not protests supposed to be disruptive? Much is said about the Vietnam War protests but what about the freedom marches in the US South that brought about the civil rights movement and eventually the Civil Rights Act? Were they not disruptive? What about the Springbok Tour protests? Did no good came from their disruptions? How about the Stonewall protests, which opened the way for gay rights in the US? What about general strikes? Are they not disruptive but have served to improve wage and working conditions for a multitude of employees? This the fundamental question that needs to be asked.

Instead, riot porn is the clickbait of the day.

That makes the coverage of the student protests pretty shabby. More emphasis is placed on the protection of property and supposed public order (even though the violence that has occurred has been confined to campuses) rather than on the original cause and the motivations of others now involved in the unfolding events. More time is spent on political blame-gaming than on considering whether divestment from companies doing business, especially military business, in or with Israel is a reasonable demand given what is unfolding in Gaza. In fact, few Western media outlets appear to have asked the basic question as to whether it is ethical for corporations, and the US and other governments for that matter, to do business with and sell weapons to Israel while it reduces the Gaza Strip to rubble. And when they do, the answer is always the same–“but what about Iran and the terrorists?”

In any event, I use the US examples as illustrative of the fact that the Israel/Palestine conflict has galvanised as well as polarised world opinion, creating an ideological vortex into which a number of causes and actors have been sucked into. This may well have a tornado-like effect on several political landscapes, including in Israel but especially in the US this election year, where not only the presidency and Congress undergo elections but also a multitude of State and local governments as well. How the protests evolve and end–if they do before November–may be critical to those election outcomes.

More broadly, the Israel/Palestine conflict is a malignant scabrous wound that may not be cauterised any time soon. In fact, regardless of the outcome of the war on the ground, it is doubtful that Israel will recover much diplomatic goodwill other than from its Western backers and the Arab oligarchies that side with it against Iran. Much like Russia with its invasion of Ukraine, the question Israelis have to ask themselves is “will we be better off for having prosecuted this war they way that we have?” If the answer is anything other than “yes” (and that would be delusional), then they have already lost. Israel’s supporters abroad need to understand this basic fact.

As I have written before, hypocrisy is the currency of diplomacy. But when governments like those of NZ, Australia, the UK and US mute their criticism of Israel with their “whataboutism” comparisons with Hamas and Iran, they lose all moral ground for chastising other States for their treatment of subject populations. Because in some liberal democracies, for all the talk about supporting a “rules-based” international order, when it comes to Israel the rules are made to be broken.

The student protests are a reminder of that.

Policing protests.

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Images of US students (and others) protesting and setting up tent cities on US university campuses have been broadcast worldwide and clearly demonstrate the growing rifts in US society caused by US policy toward Israel and Israel’s prosecution of its war against Palestinians in response to the Hamas attack on Israeli-occupied territory along the Gaza Strip on October 7 of last year. The police behaviour appears to be a bit over the top, to say the least, given that the protests are purportedly peaceful for the most part, or at least until the cops arrive. It would seem that the police do not care for freedoms of speech or assembly, so there appears to be an anti-democratic bias at play in the suppression of these protests. But there are some angles to the subject that need further discussion, so let’s dig in on them.

Assuming that protesters are not harassing, intimidating or assaulting people or damaging public or private property, then the police response in place like Emory University, University of Southern California and the University of Texas (to name a few), is in fact excessive. Even if trespass orders are given, there is no need to manhandle, use tear gas, rubber bullets or generally hurt protestors in order to get them to leave a designated area unless they are being violent. If they block roads and physically impede public movements in and around the demonstration, then protesters can be arrested and cited under law for a subsequent court appearances. But unless they actively (as opposed to passively) resist, then violence should not be used against them and even then, all care should be made by law enforcement to consider the physical well-being of those arrested. Marching people out by the elbows is one thing. Throwing them to the ground and cuffing them behind their backs is another. Breaking arms or legs and pepper-spraying people people is a step too far. Again, this assumes that protesters are not behaving in a threatening or violent manner.

Private schools can issue trespass notices for any reason and have the police enforce them. Likewise, public institutions can do much the same although here the space being occupied is owned by taxpayers and therefore not as easily subject to tresspass orders unless people start damaging things or other folk. This was the case with the 2022 Wellington parliamentary protest, which was held on parliament grounds but eventually spilled into adjacent streets (and beyond), all of which are public spaces. Given that public institutions are thought of as “the people’s places,” authorities must exercise extra caution when attempting to end protests on and in them. Unlike the centralised nature of law enforcement decision-making in NZ (due to the unitary nature of government), as a federal republic that means that in the US State and/or local authorities must make the decision to move against a protest, usually at the request of university administrators. There are plenty of regulations in place that give State and local governments authority over public spaces, so the right for public authorities to enforce trespass notices is there. It is how they do so that is the issue.

Here I must pause for a brief aside about “free” versus “hate” speech, which is at the crux of the protests and how they are handled. Waving banners and yelling “long live Hamas” is an example of protected free speech. Given Hamas’s record, it may offend many people but no harm is invited and no violence is incited. On-lookers can walk away if they object. It is therefore a case of protected “offensive” speech at worst. However, yelling or waving banners saying “kill the Jews” or “nuke Gaza” is not. It is an incitement to violence against a specific group of people. As such it needs to be treated as a precursor to a hate crime as it invites and incites violence against a designated target. Law enforcement authorities need to understand the difference and formulate their responses accordingly.

Think of it this way: Kyle Chapman and other NZ neo-Nazis can play dressup and march around yelling “Sieg Heil” and “white power” all they want, so long as they do not cross the line into advocating violence or committing acts of violence against others. The police need to know what is protected (anti-social racist incel boorishness) and what is not (advocating harm to others). Unfortunately, the police in Christchurch have a history of downplaying the issue when Kyle and his fellow creeps cross that line, something that may have been a factor in the events of March 15, 2019.

The same logic holds true for pro-Palestinian demonstrators. They cross the line if they call for the eradication of Jews anywhere. “Death to Zionism” is not the same as “Death to Jews” no matter how much some would like to conflate the two. Zionism is an ideology. Jews are people. One is a belief, the other are living humans. Although some Jews are Zionists, not all are and even then they do not deserve to be targeted for being Jews (there are non-Jewish Zionists as well, especially in US fundamentalist Christian communities).

The matter of how to end protests is complicated by the fact that infiltrators with other agendas often join sincere people participating in legitimate protests who are exercising their rights to freedom of speech and assembly. The agitators may act as agent provocateurs in order to turn otherwise peaceful protests into something nasty, in order to expose the contradictions of the Deep State, capitalism, Big Pharma, the government or any number of other nefarious agencies who are believed to usurp and act contrary to the popular will. I witnessed this phenomena close up during my youthful protest days, where a group called the Spartacus Youth League, of Trotskyite persuasion, in Chicago and Washington DC, used a tactic where masked “Spart” columns moved to the front of crowds facing off with police and proceeded to assault the cops at close range with projectiles and blunt objects (but from behind the frontline of peaceful protesters). That usually caused a police riot where cops began to beat on everyone in front them while the “Sparts” slunk away to the back of the crowd and started looting and vandalising on the sidelines. The original reason for the protest often got lost in the mayhem, which of course is what the media focused on.

Although I do not know if the “Sparts” or other groups have engaged in this sort of action in the recent student protests, there are reports of non-students joining the student protesters, which in of itself is not a bad thing. But if they come with other agendas, say, turning a pro-Palestine or anti-genocide protest into a “Kill the Jews” hate fest, then the usual protections of speech and assembly no longer apply. Again, that is because the latter is a type of hate speech, inciting violence against a specific group of people because of who they are (as opposed to what the State of Israel does), and as such is no longer afforded the protections available to offensive “free” speech.

Not to belabour the point, but consider this: One can vociferously call Netanyahu a murderer and Israel a genocidal regime without personalising and inciting violence against Jews as an ethno-religious group. One can voice support for Palestinians and call for university divestiture of investments in companies that do business with the State of Israel without hating all Jews. Although holding and voicing these views may be offensive to some, it is not anti-Semitic to do so. After all, not all Jews are Israeli or support Netanyahu or Israel’s polices towards Palestine. The line is drawn when support for Palestinians or criticism of Israel turns into calling for violence against Jews. That moves what some may consider offensive speech into the realm of hate speech, which does not deserve the protections of law. Likewise, defence of Israel cannot extend to advocating the ethnic cleansing of Palestinians from their ancestral lands. If so, the line between free speech and hate speech is then crossed.

For police in liberal democracies (I shall not bother writing about how authoritarians handle protests since they do not concern themselves with the niceties of free speech and assembly), the conundrum is this: do they come in hard from the onset and disperse the crowds with overwhelming force? Or do they adopt a passive containment strategy that allows people to blow off steam before they decide to end their action either voluntarily or with non-violent encouragement by or disincentives from the authorities (say, by threatening suspension or dismissal from universities if students do not disperse by a specific time)?

In the Wellington protests the police adopted the passive approach. For a month they dealt with the crowds in a largely peaceful manner even though agitators and extremists joined the ranks of the original anti-vaccination/anti-mandate crowd. The police even overlooked the fact that there were public health restrictions (specifically, social distancing requirements) still in place when the protest caravans began to arrive in Wellington in early February, something that contributed to an upsurge in Covid cases in the crowd. Over time the infiltrators began to dominate the protest discourse, to include voicing MAGA support, waving confederate flags, railing against the “Deep State,” echoing QAnon weirdness, voicing violent threats against “Jabcinda” (including her execution and that of other officials) and otherwise behaving like aggressive a-holes. As days turned into weeks the public health and public order downsides of the protest grew larger and more uninvolved people were negatively impacted by it. Many of the original protest leaders, like the so-called Voices for Freedom, retreated back to their home keyboards rather than staunch things out to the bitter and inevitable end. Eventually, after a month of paralysis in central Wellington and at high cost in resources and injury, the cops moved in to disperse the encampment. A riot ensured.

Perhaps it did not help for the then Speaker of the House to order that the parliamentary lawn sprinklers be turned on and that awful pop music be played over loudspeakers above the encampment. Presumably he thought that would weaken the resolve of the protesters and they would all go home. Instead, that just turned the parliament lawn into a cow paddock and irritated the aesthetic sensitivities of the conspiracy theorists, who simply added bad pop music and involuntary cold water showers to their list of Deep State machinations. More importantly, the Speaker clearly did not consult with the Police Commissioner before he made his moves, or if he did, they must have concocted that genius plan after sharing a few pints at The Backbencher. In retrospect it was not a good decision.

So for the police the question is what to do? Go in hard early or adopt a passive containment/defusion strategy? (I will leave aside the idea that the police would chose not to enforce anti-demonstration laws and let people gather as they please simply because in a place like NZ or the US, the cops are mostly anything but progressive or anti-status quo in mindset even if individual members may be sympathetic to a specific cause. Having said that, the Washington DC police refused to move against pro-Palestinian protestors at George Washington University, a private school, after university administrators requested that they clear the student encampment. The cops said that the group was small and peaceful, so the “optics” would not look good. Make of that what you will.).

A different approach might have been to identify infiltrators and extremists via undercover and technological observation and use more selective techniques to isolate and separate them from the crowd. After all, the police are part of a repressive apparatus that not only has a monopoly over organised violence within a given territory but which has the authority of the State behind it. Of all actors, they should know–in fact be schooled in–the art of subtle extirpation of troublemakers as well as in the well-known goon squad tactics usually associated with riot control. That did not happened in Wellington and the goon squad approach eventually had to be used.

(I cannot go into the details here but in Greece there are two types of riot police, one dressed in green gear and the other in blue gear. The different colours signals to protesters the different levels of repression that is about to be meted out so that people can chose whether to stay or leave before the blue goons make their entrance. That serves to separate the protest wheat from the chaff once the blue squad arrives. For their part protesters in Athens had Loukanikos the riot dog on their side during my time in Athens as well as his “son” Kanellos, who is said to still be part of the resistance).

In the US things are different. The police doing the repressing represent state and local (municipal and county) authorities. Consequently, their training and approach to protest varies widely. From what I have seen, the cops at Emory (which is in Atlanta, Georgia) and the University of Texas have very little time for protestors. Their governors, both reactionary Republicans, have joined in the smear that the protestors are anti-semitic and pro-terrorist, thereby opening the door to a heavy-handed approach to dispersing the crowds. It should be noted that Emory University is a private school and its administrators requested that the Atlanta police break up the demonstration. At UT-Austin it was the governor who ordered the troops in (I do not know if that was done at the request of university administrators or of his own volition, but given his remarks the latter appears to have been the case).

Conversely, at Colombia, Yale, Harvard, New York University and USC (all private schools outside of the Deep South), the police initially exercised a bit more restraint but nevertheless resorted after just a few days to forcibly removing people in handcuffs or bodily if they refused to move. Perhaps that is reflective of the US police mindset when it comes to this particular cause and the people doing the protesting. If the protests were reversed (pro-Israel rather than pro-Palestine), it would be interesting to see if the police tactics changed. From the standpoint of equality under the law, one would hope not, but a realistic appraisal of the situation suggests to me that pro-Israeli demonstrations in the US would be met very differently by law enforcement and in fact may have to be “protected” from counter-demonstrators (as has happened in Australia).

Then there is the issue of disinformation. Most of the word about the protests is spread by social media, and various platforms are used by protest organisers to spread the action beyond its origins. This opens a window of opportunity for state and non-state actors to introduce disinformation into protest campaigns in order to advance other, hidden agendas. For example, it would seem to be a professional imperative for Russian and Chinese disinformation units to target the protests in order to further undermine the historic public consensus in support of Israel in the US (born of political elite and media bias in favour of Israel), in order to advance their respective adversarial interests vis a vis the US in the Middle East and beyond. From a strategic perspective it would be derelict of them not to exploit this window of opportunity, as undermining an enemy from within using non-military means is far more resource efficient that waiting until open conflict with that enemy has begun. Both the PRC and Russia have prior form in this regard (including in NZ), so it is not a stretch to speculate that they may be doing so with regard to the student protests. Police and other intelligence agencies need to be aware of this possibility and approach the cyber realm accordingly.

Of course, the root cause of this situation of discord and dissent in the US is the Israeli elite’s psychopathic behaviour both before and after October 7 and the willing blindness of US foreign policy elites to the fact that Israel is not only the tail that wags the US foreign policy dog in the Middle East but has now become a strategic liability rather than a strategic asset (which derives from its importance when it comes to intelligence gathering on and sharing of Middle Eastern affairs). It has taken young adults–students–to bring critical attention to that fact, but for US adversaries they are just pawns in a larger game.

In the end how to police protests has much to do with the cause, the culture (both in civil society as well as in policing), who is doing the protesting and who is in government at the time. Some causes may be purer than others. The students are protesting about terrible events in a far-off place based on the ideal that collective punishment leading to genocide is wrong and that casting a blind on it is complicit. Besides the cookers and nutters, the anti-vaxx crowd in Wellington were more about their personal inconvenience and material losses rather than protection of the commonweal or public good. In an odd way that suggests that the latter should have been dealt with in stronger terms from the onset while the student protests need to be handled in a less repressive way. But that is where culture and governments come in. In the US the police are more about kicking a** and taking names, whereas in NZ the approach is more to play community cop rather than Judge Dread. Likewise, US governments at every level always want to be seen as upholding “law an order” even if the laws are retrograde and the order is rigged, whereas the Labour government in place at the time of the protests was determined to try and play things softly-softly in the hope that cooler heads would prevail in the protesting crowd and things would end quietly, in the Kiwi way.

They did not.

There are lessons to be learned from both of these protest episodes, mostly about what not to do rather than what to do.

Again, hate crimes are not necessarily terrorism.

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Having written, taught and worked for government agencies on issues involving unconventional warfare and terrorism for 30-odd years, two things irritate me the most when the subject is discussed in public. The first is the Johnny-come-lately commentators who have zero practical or academic experiences with the subject but who, in an effort get their “brand” out in the public eye will pontificate ad nauseum about things that they do not know about. In NZ this an especially acute problem because people with real knowledge of what terrorism is and is not are few and far between, so the “look at me” opinionators are way too prominent in discussions of acts of mass violence.

The second source of irritation is the abuse of the words “terrorist” and “terrorism” in order to generate headlines, clickbait or to pursue other agendas. Rightwing corporate and social media are full of this egregious mis-application of a very specific concept to any number violent incidents carried about by by a variety of perpetrators. The latest example of this is the coverage of the stabbings in Sydney this past week.

I wrote a series of social media posts clarifying my objection to the coverage and have aggregated and edited them here. I have also linked to a couple of previous essays on the subject in order to give recent readers of KP some idea of the basis for my concerns about this particular type of conceptual stretching.

Let’s begin with the bad news. Since 9/11 the words “terrorist” and “terrorism” have been rendered meaningless. Terrorism has a target (victims), subject (wider audiences) and object (to bend the audiences to the terrorist will, say, by altering government policy). The three aspects are not one and the same. If these three aspects or conditions do not apply to a specific violent incident, then it might be a hate crime inspired by bigotry or other form of animus (say, homophobia, Islamophobia, anti-Semitism), (mass) murder due to mental impairment, or criminal murder (e.g. mob hit, domestic violence or in a bar brawl). None of these fatal incidents are terrorism even if victims are terrified in the moment. For it to be terrorism there has to be an audience beyond the victims, and the object is not just the act of violence itself.

Terrorism is about more than the terror inflicted on targets. It is about ulterior motive/intent, the wider audience and specific messaging, which is collective in focus, not personal. Labelling every act of public violence as terroristic confuses the issue and allows for bad-minded or deliberately hateful manipulations of coverage to suit ideological agendas. Witness the initial coverage and reaction to the Bondi mall attack. It was a case of a white male with violent schizophrenia acting out of incel hate, but was immediately deemed a terrorist attack. That allowed racists to jump on the Islamophobic bandwagon and claim the attacks was done by a jihadist (because he had a beard!), which in turn brought out calls for revenge, deportations of Muslims, cultural stereotyping and other types of violent trolling. The real cause was lost in the xenophobic, bigoted din.

The attack on the bishop at a Sydney church was motivated by religious animosity, but the attacker’s target, subject and object were the same, a preacher who disparages other religions and their leaders. Motive did not extend beyond that. That is a hate crime, not terrorism. But it does not stop malignant narcissistic charlatans like Brain Tamaki from using it to urge for the mass deportation of Muslims from NZ, something that has reverberated around the NZ rightwing echo chamber.

Unfortunately, NZ has bad form when it comes to misidentifying violent crimes and perpetrators as “terrorists”. Here is a post that I wrote after the supermarket stabbing in New Lynn in 2021.

The supermarket stabbing spree was not a terrorist act.

And yet, this time around NZ media outlets again initially jumped on the terrorism bandwagon, only to back off once the Australian authorities identified the Bondi attacker as someone with a history of mental illness but who was allowed to circulate in public. That is a public security failure, not anything related to terrorism.. Even so, both the Australian police and NZ media continue to refer to the church attack as terrorism, which shows that even security experts as well as media talking heads do not have their conceptual ducks in a row when it comes to this type of violence. Perhaps they know but choose not to do so because, well…

I also wrote an academic article a while back about how a specific type of terrorism–state terrorism–can be used to reinforce a particular social and economic project. It is long but you can find it here. I link to it here because terrorism not only has many varieties, but it also has ulterior motives. Neither incident in Sydney this past week meet that criteria.

This may seem tedious and repetitive, but so long as the concept of terrorism is stretched out of all context and meaning, I will have to be pedantic about its real significance and permutations.

A NZ Identity Crisis?

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Some time ago a veteran journalist interviewed me about “foundational myths” and why the US and NZ were different in that regard (by “veteran” I mean a journalist who does research on stories and has some background in the fields pertinent to them, which are then used to write in-depth reports). Although I am not an expert on foundational myths, he had seen something that I had written back then and, having just returned from a trip to the US, his interest in the subject was piqued so he decided to give me a call. We did a compare/contrast exercise that he wrote up for a conservative news outlet.

I was reminded of that exercise by recent events involving ACT Party challenges to the Treaty and the Waitangi Tribunal settlement process. It occurred to me that not only does the Treaty (te Tiriti) serve as a foundational charter for NZ, it is also from whence NZ’s foundational myth comes from. This is not a criticism, just a personal observation, and there clearly is much more to a foundational myth than a grounding in a political contract between indigenous peoples and colonialists. I believe that foundational myths, especially those that are subject to different interpretations, are important for national unification and self-identity because the very differences in “reads” offer a broader canvas upon which to paint a picture of a nation’s collective identity. These myths do not have to be completely true or factually based–after all, they are myths–but are justified and considered worthwhile because they serve the larger purpose of speaking to a polity’s common aspirations, collective history and shared ideals.

As a child I was socialised in contexts that included the foundational myths of Argentina and the US. Both were originally crafted by dominant groups that among other things justified the status quo that they benefitted from, and to which over time other groups were assimilated in whole or in part (if at all). Both myths were symbolised in national anthems replete with words of heroism and sacrifice. Both glorified the constitutions to which pledges of allegiance were sworn (yes, even as kids!). Both myths were perpetrated by dominant groups whose positions of power were born out of conquest. The myths became a type of indelible water mark on my psyche even though, as I grew older, I came to see them for what they were: ideological devices designed to promote a unification narrative rather than objectively present actual historical events (for example, in both Argentina and the US. the “conquest of the West” is celebrated as part of their respective foundational myths even though the treatment of indigenous peoples in both was often barbaric and therefore whitewashed in most instances until very recently).

New Zealand has a different historical trajectory because the Treaty is a different type of foundational charter that is closer to a pure social contract between very distinct groups rather than a compact between relatively homogenous elites. Hence the Treaty creates the basis for a different type of foundational myth, one that is arguably closer to the historical truth than those of Argentina and the US. For one thing, it is not born of conquest. Consequently it is different in that it is not one coherent story imposed by dominant group interpretation, but instead includes several (often competing or opposing) takes on a common starting point (including events leading up to it) and its subsequent legacy. Over time the myth behind the Treaty has slowly seeped into the popular as well as the political collective conscience, creating a cultural amalgam that is considered the essence of what it is to be “kiwi,” be it Pakeha or Maori, Pacifika or Asian in genealogy. This has happened over generations of ethnic engagement and intermixing and is a process that is far from complete. Of course people retain their ancestral identities, some more so than others, but the inexorable march of time forges an intergenerational progression towards a common yet flexible identity in which the foundational myth embodied in the Treaty is seen as the “grand unifier” of a heterogenous assortment of distinct ethnographic groups who share a specifically common Antipodian history. The myth is malleable and subject to interpretation by various parties, but its core unifying properties are very much like those of other countries.

It is that unity that David Seymour’s racist attacks on the Treaty are aimed at. Foreign influenced and funded by well-monied rightwing outlets with international reach, Seymour’s is a type of white supremacist revanchism designed to roll back social gains made by traditionally subordinate groups under the guise of promoting “individualism” and freedom of choice. But what it really is, is an attempt to reassert white capitalist cultural, economic, political and social supremacy on everyone else, and to do that it must destroy NZ’s foundational myth by attacking and dismantling the Treaty using the argument that rather than a cooptation device designed to secure intergenerational social peace, it has created a race-based hierarchy in which Maori are granted privileges unavailable to everyone else. It is an odious project at its core, odious because it is hateful in intent and therefore hate-worthy as an approach to social issues.

Seymour is aided in his project by political opportunists in National and NZ First who cater to what used to be the fringes of NZ society–anti-vaccination groups, conspiracy theorists and, most central of all, racists. He is abetted by a clickbait-focused media that, unlike the veteran that interviewed me, ignores or chooses not to explore the deeper background behind the ACT Party manoeuvres, including its funding and logistical ties to various rightwing astroturf organisations. Between them, what should be a subject of alarm–a frontal assault on the foundational charter and the myths that have been ideologically constructed upon it–have become mainstreamed as merely critical reappraisals of rights and responsibilities emanating from the Treaty and the tribunal settlement process.

That is disingenuous in the extreme. The Waitangi Tribunal settlement process is of itself a critical appraisal of rights and responsibilities conferred by the Treaty as well as the modes of redress for past injustices committed. And as mentioned, it is a cooptation mechanism designed to secure and reproduce social peace along lines promoted by the NZ foundational myth.

In his repugnant actions, Seymour and his acolytes are not only attacking the foundational charter and the foundational myth that is its ideological superstructure. They are questioning what it is to be a New Zealander. For them, the preferred Kiwi identity is white capitalist supremacist, rugby-playing and agrarian in its foundations (this, despite taking money from non-European business interests). Others may opt for social democratic indigenous reassertion and still others may prefer the cultural amalgam that I mentioned earlier. As it turns out, this questioning of Kiwi identity may be a good thing because, if a referendum is held and the proposal to review the Treaty is resoundingly rejected, it could serve to marginalise the likes of Seymour and his band of racist pimply-faced incels (even if they have some political cover via ACT’s party vote and its female representatives, and are provided platforms and money by influential patrons). ACT’s heart is dark, and that darkness needs to be exposed.

So perhaps there is some good in undergoing the exercise of questioning what constitutes a “NZ identity” or what it means to be a “kiwi.” On the other hand, if the assault on te Tiriti continues it could fracture the consensus on NZ’s foundational charter and its surrounding foundational myth and thereby open the door to a crisis of identity when it comes to defining what it means to be a child of the land of the long white cloud.

That would not be good, and yet that is what is exactly what Seymour and company are pushing for. Or as Hillary Clinton said when referring to the MAGA Morons, he and his crew are truly deplorable.

The New Zealand Junta.

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Some readers will remember that I spent 25 years in academia researching, writing and teaching about authoritarianism, among other things, and that I was a foreign policy practitioner in/for the US government for a decade, a fair bit of which was dealing with authoritarian regimes and working to promote liberalisation within and eventual democratization from them. Readers also will recall that I have written here about “constitutional coups,” which unlike military coups do not involve the threat of or acts of violence to remove a sitting government. Instead, legal mechanisms and institutional procedures are used to achieve the same end–the removal of a duly elected government, from office most often but not always before its constitutionally-defined term is completed.

It may seem like a stretch, but New Zealand has had a constitutional coup of sorts. In October an election was held in which the major rightwing party (National) did not reveal its true policy intentions, preferring to instead focus on the usual canards of lower taxes, high crimes rates and too many regulations and bureaucratic red tape on property owners. They were assisted by a compliant corporate media interested in generating clickbait material rather than dealing deeper into party policy platforms, and who supported the “change for change sake” attitude of the NZ public by focusing on personal scandals within the (then) Labour-led government ranks. It mattered little that, in public at least, the major rightwing party had virtually nothing to offer. What mattered was that it win, be it in coalition or outright. As it turns out, it needed coalition partners in order to do so.

The more extreme rightwing parties, ACT and NZ First, were a bit more honest in their campaigns about their reactionary intent, but the corporate media chose to ignore the extent of their connections to extremist groups and foreign donors/patrons such as anti-vaccination conspiracy theorists and Atlas Institute seed-funded astroturf groups such as the overlapping Free Speech Coalition/Taxpayer’s Union that contributed to their campaigns. Nor did the political press seriously look into the worrisome backgrounds of candidates in these parties, instead preferring to focus on the leaders and their immediate subordinates.

What that made for was the instrumental use of the October election by the NZ rightwing in order to gain enough votes to cobble together an authoritarian-minded government coalition that would impose regressive policy prescriptions without full public scrutiny or consultation. It did not matter that the two extremist parties received less than 15 percent of the popular vote, or that National received just 38 percent. What mattered was the win, which was the instrument by which the coalition could impose its political will on the +45 percent that did not vote for them.

Sure enough, the new government has gone about imposing policy reforms that basically amount to dismantling much of the social legislation enacted over the last decade, including that of previous right-leaning governments. Smokefree legislation, diesel and petrol taxes, EV purchase rebates, commitment to rail and cycleway building projects (some already underway), rationalisation of water provision services via three-tier regional management–these and many more forward-thinking policies were repealed, and more backtracks (such as eliminating excise taxes on cigarettes) are on the way. It also proposes to implement wholesale redundancies in the public sector, especially in agencies that are focused on Pacifika and other minority group service provision. More existentially in terms of New Zealand/Aotearoa’s self-identity as a nation, the elected authoritarians are proposing to review and repeal sections of NZ’s foundational charter, the Treaty of Waitangi/Te Tiriti, because they supposedly give “too many” rights to Maori, thereby effectively disenfranchising the non-Maori (mostly Pakeha) majority (or so they say).

However, as political scientist Kate Nicholls pointed out to me, the assault on Te Tiriti has the potential to be an own goal of epic scale. The Waitangi Tribunal was instituted to peacefully settle disputes emerging from different interpretations of the Treaty’s clauses. it was created in 1975 in the wake of numerous protests in the late 1960s and early 1970s stemming from disputes about interpretation of rights and responsibilities conferred by the Treaty, especially about land ownership and access rights, some of which, to quote the Waiting Tribunal History page, took place “outside the law.”

That is the crux of the matter. The Tribunal calls itself a “standing commission of inquiry” but in fact is a means to peacefully settle disputes about the Treaty that could otherwise turn violent or be subject to direct action by aggrieved and often competing interests. Seen less charitably, the Tribunal is way to buy off or divide-and-conquer Maori, or at least Maori elites, so as to give them a slice of the NZ economic resource pie, stop extra-judicial protests (since the Tribunal is in effect a court with legally-binding authority) and thereby achieve social peace. In other words, the Tribunal is a co-optive device, not an instrument of revolution, reform or comprehensive redress. It is designed to preserve a (Pakeha dominated ) social status quo, not undermine it.

The direct attack on Te Tiriti, be it by putting a review of the Treaty to a referendum or by some other means (say, by legal challenges to Tribunal authority and decisions), has already occasioned Maori-led backlash, something that promises to intensify the more the elected authoritarians push their racially-motivated project. That could well mean that rather than the peaceful and legally binding settlement process overseen by the Tribunal, we could see things settled in the streets via direct action. Given how fundamental the Treaty is to NZ self-identity, at that point it is an open question whether the repressive apparatuses of the State–the police, the courts, the intelligence services, even the military–will side with the elected authoritarians. Stay tuned.

Another thing about the new government is its utter disdain for the public. Polls only mattered in the election campaign but now are ignored. Fighting crime was a priority before the election, then it was not. It did not reveal its full coalition agenda during the campaign and did not consult with other parties or the public in the implementation of its first 100 day plan of action. Instead, the coalition has rewarded its donors and supporters in (among others) the fossil fuel and tobacco industries even though their repeal policies are unpopular and in some instances detrimental to public health, environmental and other social outcomes. This is truly a government for and by the few, even if it was able to claim an electoral victory as its legitimating mantle.

For this reason I prefer not to call them something silly like the “coalition of chaos.” They are that, to be sure, because to put it kindly the talent pool in the coalition parties runs very thin while the egos of their leaders and lieutenants run very deep. This could eventually lead to their collapse and downfall, but for the moment what strikes me is their despotic dispositions. In other words, it is their way or the highway, minus the resort to repression that we see in military dictatorships.

For this reason I choose to refer to the National-ACT-NZ First triumvirate as New Zealand’s junta. In the broadest and original sense, junta refers to a military or political group ruling the country after it has been taken over. Merriam-Webster Dictionary defines it as “a council or committee for political or governmental purposes.” What is important is that it does not always have to have a military component and it does not always involve a violent accession to power and usurpation of previous authority. A junta, as it turns out, can be installed constitutionally, peacefully and via normal political institutions and procedures.

It is the way how these mechanisms of political succession are manipulated that determines whether a constitutional coup has occurred. If that indeed has been the case, and I believe that in NZ it has, then the recently installed coalition government is in fact a junta. This NZ junta is comprised of the three authoritarian party leaders followed by their fawning acolytes and lesser supplicants, cheered on by rightwing media and corporate and ideological interest groups as well as revanchist voters reacting to what they see as challenges to their privileges by an assortment of “woke” and uppity usurpers. But at its core, the junta represents a coordinating committee of elite capitalist and ethnographic chauvanist (f not supremacist) interests, not the public at large.

To reprise: given the circumstances surrounding it, the October election in NZ was a type of “soft” or constitutional coup in which an authoritarian coalition gained a majority of votes without revealing its full policy agenda. It is now implementing that policy agenda by rewarding its allies and ignoring the public good. That approach–working solely for the benefit of allied groups while claiming that it is doing so in the public interest–is precisely how juntas govern.

Perhaps we should start addressing Mr. Luxon. Mr. Peters and Mr. Seymour each as “mi Comandante” or “mi Jefe” because 1) those Spanish phrases for “my Commander” or “my Boss” seem more suited to their personalities and politics than the term “Honourable;” and 2) they nicely fit with their junta-style approach to governing. In any event, the proper approach when greeting the junta members is to bend at the waist and make sure that one’s nose is pointed squarely at their footwear. Also, following established authoritarian protocol, Luxon can be called the Comandante Supremo or Jefe Supremo because he is supposedly the first amongst equals in the NZ junta, but that will likely increase the intrigue, scheming, plotting and knife sharpening within the coup coalition. If so, things could get pretty chaotic, indeed.

From somewhere in Hades, Pinochet and countless other authoritarians must be having a good chuckle at NZ’s expense.

Further thoughts about a couple of things near and far.

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My son is back home recovering well. There are some more serious sequels to come, but for the moment we will enjoy the end of year respite and welcome in what we hope is a better 2024 even with the knowledge that he is not out of the woods yet.

I remain unhappy with much of the coverage of the Hamas-Israel conflict in NZ, so threw some thoughts together on the consultancy social media account. They are just sketches designed as food for thought rather than deep analysis. I have fleshed them out a bit here.

First. What does it take for Israel to be labelled a “pariah State” and subjected to international sanctions? North Korea, Iran and Myanmar have all been branded as such and sanctioned because of their behavior (seeking nukes, human rights abuses). So what is the threshold for Israel? Or is it because it is “of” or backed by the West (specifically, the US) that it gets a longer definitional rope? I realise that there is not specific criteria for why and when a State is designated as a pariah and sanctions invoked (which themselves are not uniform or standard in nature), but surely Israel has moved into that territory. Or not?

On the other side, when it comes to those who attacked Israel on October 7, note their differences. Islamic Jihad is a religious extremist movement that pursues holy war against non-believers, Jews in particular. Hamas are an ethno-nationalist movement with some religious extremist elements that seeks to reclaim traditional lands lost to Israel. Their alliance is tactical more than strategic because their objectives overlap over the short-term but differ over the long term. They have common patrons (Iran/Russia), allies (Hezbollah/Houthis/Iraqi militias/Syria) and enemies (Israel/US/ West/Sunni oligarchies) but should not be seen as being a single entity.

The difference is important because Western corporate media tend to treat islamic Jihad and Hamas as a single organization, which implies a unified command, control, communications and intelligence-gathering (C3I) hierarchy. Although there is certainly a degree of coordination of weapons and intelligence transfers between them and their allies and integration of operational units such as what occurred on October 7, the leadership structures of the organisations differ as well as their long term objectives. More specifically, it is my read that Islamic Jihad desires a holy war and the establishment of a Caliphate in the Levant and larger Middle East, whereas Hamas wishes to reclaim what has historically been known as Palestine (hence the phrase “from the river to the sea,” demarcating the territory between the River Jordan and the Mediterranean from the Lebanese/Israel/Syria border to the Red Sea). This well-known map shows the area of claim and what has happened to it since 1946.

The fact that Islamic Jihad and Hamas have different long-term objectives means that they are potentially divisible when it comes to both military approaches as well as diplomatic negotiating strategies.They and their patrons will resist the latter as a divide and conquer approach, and they will be correct in interpreting the situation as such. But for the larger set of interlocutors trying to achieve a solution to the current status quo impasse and endless cycle of violence, separating the approach to Islamic Jihad from that towards Hamas makes sense. Remember that Hamas wants to replace the Palestinian Authority as the main agent of the Palestinian people and has strong support in the West Bank in that regard (the Palestinian Authority is headquartered in the West Bank but is totally subject to Israeli edicts and controls). Islamic Jihad would prefer to see the current conflict broaden into a regional war out of which a new Caliphate will emerge from the ashes. The Houthi attacks on shipping in the Red Sea and Shiite militia attacks on US bases in Iraq are part of that effort.

Remember that Islamic Jihad and its allies do not need to win any major war in order to prevail (they militarily cannot). But their efforts have already caught the attention of the Arab “street,” where restive populations see the indifference or complicity of their oligarchical leaders when it comes to Israel as further proof that they are Western puppets. The idea is to expose who the real Masters are, undermine their Arab servants and promote jihad on a regional, grassroots level. it may seem like a pipe dream to those of us far from the streets of places like Cairo, Amman, Tangiers or Riyadh, but if and when anger takes to the streets of such places, then the outcomes are by no means certain when it comes to regime status quo stability.

It does not appear that Islamic Jihad will accept territorial concessions in order to achieve peace, as its project is larger than removing Israel and Jews from the Levant. Hamas, on the other hand, is arguably more nationalist than religious in nature, which means that the ideological focus is on specific ancestral territory rather than on religious orientation (even if Jews make for convenient historical scapegoats). It is also something that is obliquely seen in the fact that although Palestinians are largely Sunni Muslim in religious identification, Hamas’s main support come from Shiite Hezbollah in Lebanon, Shiite Iran and the Shiite Alawite (Assad) regime in Syria. These patrons and allies well understand that the Palestinians are much like the Kurds further to the East, claiming ancestral homelands that have long since been carved up by foreign occupiers (not just European colonialists) and who for many historical reasons are reviled by their co-religious neighbours (hence the refusal to grant or cede territory for either a Kurdish or Palestinian homeland by Sunni-majority regional neighbours or the acceptance of Palestinian refugee flows from the current conflict by these same States).

We must also factor in that both Hamas and Islamic Jihad have factions within them, including political and military wings, (comparatively) moderates and militants, pragmatists versus “idealists” in their ranks. Islamic Jihad has a more unified political-military command (which makes it vulnerable) even when using a decentralised guerrilla military strategy), while Hamas has separated its political and military wings while trying to professionalize its fighters. In any case, harder or easier, these divides can be exploited if the will is there. Conversely, if the divisions are self-recognised and there is a unity of spirit against an immediate foe n face of the odds, they can be mitigated even under the stresses of overwhelming kinetic assault.

In the end, Islamic Jihad is an existential threat to the Middle Eastern status quo because it, like ISIS and Al-Qaeda, want to overthrow the established order even if its current capability to do so is minimal and dependent on the help of others. Hamas is a stronger irregular warfare actor as well as an ideological movement in the local and international imagination because of its territorial focus, so does not pose as much a threat to the broader regional order other than the fact that it’s success could encourage similar insurrectionary movements in the near elsewhere.

Many difficulties exist on the other side of the road to elusive peace in Palestine. Israel will have to cede occupied territory for Hamas to even be approachable regarding negotiations, but what with the combination of recent orthodox Jewish immigrants from the US, Russia and elsewhere fuelling the settler movement, and with the Netanyahu government leaning hard right as a result of the conservative religious extremists in his cabinet, leading to the Israeli government arming of settlers and protecting them with military units, that is clearly not an option any time soon if ever. Israelis are hinting at the Sinai Peninsula as a place to re-settle Palestinians, but Egypt wants no part of that, nor for that matter do the Palestinians themselves. So the first thing that will need to happen is for the Israeli government to change and for it to abandon its settler policies. Again, this seems like a very high mountain to climb.

Another obstacle is that Netanyahu and his supporters may see the situation as a window of opportunity. They may liken the move to eradicate Hamas from Gaza and drive its population out of the Strip as being akin to the Six Day 1967 War in which Israel stripped Jordan of the West Bank, Syria of the Golan Heights and Egypt of the Sinai Peninsula and Gaza Strip. Moreover, given the surprise of the October 7 Hamas attack this year, it is clear that Netanyahu does not want to be seen as Golda Meir during the Yom Kippur (or Ramandan) War of 1973, when Israel was caught unprepared for an attack on October 6 by Egypt and Syria, leading to large early losses for the Israeli Defense Forces (IDF). Even though Israel ultimately won that war in 20 days, Prime Minister Meir was castigated for the lack of preparedness or forewarning and her coalition lost a majority in the legislative election the next year, resulting in her resignation. Netanyahu is acutely aware of her fate as well of the actions he took that helped facilitate Hamas launching its attack (like ignoring intelligence warnings and re-deploying active duty troops from the Gaza border to protect illegal settlers in the occupied West Bank). He knows that politically he is a dead man walking unless he comes up with something spectacular.

In his mind and that of his supporters and colleagues, seizing Gaza may be just that. Since there is no credible international deterrent levelled against Israel and a lack of enforcement capacity to stop its prosecution of the war even if there was a consensus that it has gone too far with its collective punishment/ethnic cleansing campaign in Gaza, Netanyahu makes the plight of the Gazans a UN refugee problem while the IDF consolidates its physical control of the territory. That allows him to “eliminate” Hamas (and many innocents) as a physical entity in the Strip, opening the door for Israeli occupation and settlement. If that is the case, he may well overcome domestic anger at his pre-war actions and seeming disregard for Israeli hostages and instead ride a wave of nationalist sentiment to another term in office.

Should that happen, the shrinking map of Palestine shown above will have to updated yet again.

A handful of observations.

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20

I have opined regularly about the Hamas-Israel war over on the social media platform owned by that reactionary billionaire, but other than the preceding post have opted to not address the subject directly here at KP. However, the amount of misunderstanding, disinformation and misinformation circulating around that unhappy state of affairs prompts me to write here to offer some clarifications.

First: Asymmetric warfare is not just military conflict between unequally matched armed belligerents. It involves ideological, political, economic and cultural asymmetries as well. Stronger actors emphasise their immediate “hard” advantages, weaker actors emphasise soft long-term tools.Stronger actors focus on the immediate battlefield impact of kinetic mass in order to set the stage for favourable conflict resolution. Weaker actors focus on attrition of the enemy’s will and its broader support base in order to shape public opinion about a prolonged stalemate.

Second: War crimes and crimes against humanity are not defined by method of injury (knife, gun, missile, bomb, rape, torture) or the proximity of perpetrators to victims at the moment those crimes are committed. They are defined by who is targeted, collectively and individually. After that, the scope and scale of the crimes are measured by the amount of victims involved, remembering that war crimes and crimes against humanity can be committed against individuals and small groups.

Third: Seeing fault on both sides of the Hamas-Israel conflict means not excusing criminal behaviour by either. Nor does it ignore historical grievances and injustices involving each side that led to the current conflict. Focus on the comparative scale of atrocities does not alter the underlying reality of crimes against humanity committed by both sides. We must recognise historical and current wrongs before conflict resolution can be achieved, and compromises from each party will be required for a durable peace to be secured.

Fourth: Stating the obvious yet again. One can support Israel without being a Zionist. One can support Palestinians without supporting Hamas. One can see merit in the arguments of both sides with regard to the historical record. But one can never justify or condone the commission of war crimes and crimes against humanity by either side for any reason. Doing so is morally bankrupt. Doing so to score political points against partisan rivals in places like NZ, US, UK or OZ is reprehensible.

Fifth: The Hamas-Israel conflict ripped a scab and the pus of anti-Semitism and Islamophobia has oozed out on global scale. Bigots and racists on both sides see it as an opportunity to vent primordial hatreds in order to widen the divide between communities instead of pursuing peace.

Sixth: Proposing that the Palestinian Authority (PA) take control of Gaza once the IDF “cleansing” has ended is unrealistic. The PA (and its dominant Fatah Party) is a corrupt lapdog of the Israelis and their Western patrons that lost a fair election to Hamas in 2006 and then refused to accept the results. Hamas has ruled Gaza since ousting Fatah in an armed conflict after the 2006 elections. Both Hamas and Fatah have political and military wings. Fatah is secular and Hamas is Islamicist. Hamas is authoritarian but provides public goods and services to Gazans in exchange for public acceptance of their rule. The PA is a semi-authoritarian gerontocracy that is not supported by many Palestinians in the West Bank or Gaza. Making it the replacement for Hamas will just prolong the conflict, not end it. For that to happen Hamas must be accepted as a legitimate representative of Palestinian interests, upon which a focus on its political wing can help bring them to a bargaining table with the PA and other interested parties. Refusing to acknowledge Hamas is short-sighted and plays to their militant armed wing, not peace. This is called “dealing with reality.” Hamas may be unpleasant, just like the Kim regime in North Korea or the Netanyahu govt in Israel, but it is a participant in Palestinian politics and beyond. It will not go away even if its armed wing is decimated. The PA cannot replace it.

Seventh: Hamas’s tactics have so far worked: Sucker the IDF into over-reacting to the initial Hamas attacks by collectively punishing all Gazans, thereby swaying global opinion against Israel; establish itself as the primary defender of Palestinian interests rather than the toothless Palestinian Authority; broaden the conflict into multiple fronts involving a number of supportive actors (eg. Shiite militias in Iraq, Hezbollah in Lebanon, the Assad regime in Syria) that will test the will of Israeli allies to escalate further; foment unrest on the Arab street. None of this justifies its crimes against humanity, but speaks to how the framing of the conflict has moved from a largely pro-Israel to a pro-Palestinian response even in countries with strong official ties to Israel. Whatever the immediate military outcome, there appears to be a potential for a redrawing of geopolitical fault lines as a result, something that Israel, the US and other Western states may see as being in their favour but which in reality could well be not. In particular, the post-colonial Global South is not following the Western lead. That opens space for other actors–the PRC, Russia, Iran and other anti-Western govts–to exercise influence and leverage on the South as a result. Israel and its patrons need to look at the bigger long term play as they calculate their short-term responses.

Eighth: Given the role of armed guerrilla group Irgun and its then leader Menachem Begin (later Israeli Prime Minister) in the 1946 bombing of the King David Hotel in Jerusalem (91 dead), the killing of 254 Palestinians in the village of Dir Yassin and establishment of the state of Israel in 1948 (where the Irgun was integrated into the Israeli Defense Forces), it is rich of Israel to label Hamas as an illegal “terrorist organization” when it knows that Hamas has political and military wings that copy what Irgun did 75 years ago. No moral superiority here. To be clear: this is about hypocrisy when framing the conflict. It does not absolve Hamas or Israel for war crime/crimes against humanity, but it does point to the commonalities between their origins as political movements that use terrorism as a tactic in sectarian war.

Ninth: In exchange for Hamas’s release of 50 women and children hostages, Israel will release 150 women and children prisoners from detention centres (under the 1:3 exchange ratio). Most of these women and children have been arrested and detained without charge in the West Bank after October 7 while resisting Israeli security forces and settler efforts to displace them from their homes and lands. That shows cynical deliberation on Israel’s part. The exchange, in other words, it is a straight hostage swap.

There are more comments along these lines on that social media platform but these seem to be the ones that, in my mind at least, help frame the objective reality of what is going on. readers are welcome to (politely) disagree or add to the discussion.

Hara Kiri.

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17

I do not usually write about NZ domestic politics, much less the personal dramas of those involved in them. But here I will make an exception because I am unhappy about recent events.

To be clear, the downward mental health spiral that ended Kiri Allan’s political career has produced some good commentary on the pressures in NZ politics and the toll that they take on politician’s mental health and family life. It was just a few years ago that Todd Muller had to step down from the National Party Leadership due to the stresses of the job, and to the credit of most he was allowed to do so in some measure of peace and dignity. 

However, while there has been empathetic commentary about former minister Kiri Allan, the sad fact is that many in the National-Act coalition—particularly their two leaders– and a swathe of media acolytes have used the personal tragedy to attack Ms. Allan and the government that she served in what can only be seen as venal, nasty political opportunism coupled with media complicity. Like a pack of baying hyenas with a scent for blood, they have continued to hector the former minister in stand-ups and interviews, write irrelevant stories about people who lived in the area of an accident that was the last act in a prolonged process of psychological deterioration, talked with the owner of the parked vehicle that was involved in the accident (who was not present when it happened) and to cap it off, demanded and received permission from the Speaker of the House to engage in an emergency debate on Ms. Allan’s resignation and her mental “well-being” that quickly proved to be nothing more than an excuse to launch spurious attacks on the government. Shame on the Speaker for caving to the demands of the frothing Opposition mob, shame on the ACT Party Alfred E Newman look-alike who used someone’s personal tragedy for opportunistic political gain and shame on the unethical shills who pass as conservative media for cheerleading the whole thing and for continuing the ad hominem persecution well after Ms. Allan departed her portfolios.

Psychologically damaged by a dark combination of personal and professional pressures and therefore fragile in spite of her outwards appearance, Ms. Allan committed an act of political suicide last week. Like Mr. Muller, she should be allowed to find her peace.

Moreover, when one looks at the media treatment of this story and others involving Wahine Maori in politics, one cannot but suspect that there is some misogynistic racism behind the slant in the coverage to say nothing of the crude hypocrisy of not focusing balanced attention on the less than salubrious behaviours of some in the NACT coalition (who tend to be Pakeha and generally male). The “people living in glass houses throwing stones” adage would seem appropriate here, but the Opposition leadership and NZ corporate media seem keen to keep the focus on those being pelted rather than those doing the throwing.

Anyway, in the days after the news broke and seeing how it was covered and commented upon, I wrote a few Social Media posts reflecting on the affair. Here they are in annotated form.

“Voters may want to consider the responses of some Opposition politicians and Rightwing media figures to the personal tragedy of a Government Minister in order to assess their character and fitness for governing. Some might be found wanting (both as politicians and as commentators) if empathy and restraint are required.

Some have claimed that empathy caused the “mess.” Sorry, wrong. The former minister was a competent cabinet member and not an “empathy” hire (whatever that is, but presumably in reference to her Maori ethnicity). Political leadership is measured in various ways and seen on various dimensions, and empathy encompasses both.

Others claim that this is just an attempt to “deflect” from the former minister’s responsibility in causing a non-injury accident. There is no deflection. The drink driving/resisting arrest (which are more likely “failure to accompany”) charges will be handled by the courts under penalty of law. She will face justice and be held responsible for her actions. That is a personal matter, and should not be cause for politically opportunistic attacks. I should also note the the drink driving charge was on the lowest range of the scale so she will at worst receive a fine and possible disqualification from driving. Likewise, the resisting arrest/failure to accompany charge appears to be a case of lack of cooperation rather than physical resistance, so that too will unlikely result in a jail term. It is by no means a trivial matter, but in the scheme of things Ms. Allan’s alleged offending is not going to bring about Armageddon.

Still others claim that this shows Labour government incompetence because Ms. Allan was allowed to return to her job after a previous mental health breakdown. To which I responded: Please stay on topic. This is about a personal mental health problem that destroyed a political career, not about competence (which has never been disputed in this particular case). Other recent ministerial resignations are fair partisan game given the circumstances of their exit, but this one is not.”

It also must be understood that it is hard to ascertain when a person can return to work after a mental health crisis and what might trigger another one. That is at best a matter to be discussed between the person involved and their psychological counselors, not by medically unqualified political party leaders (who should reply on expert advice as well as personal assurances when making calls about reinstatement). Everything indicates that professional criteria, not political expediency, was the main determinant of Ms. Allan’s return to work.

Nearly a week after the accident, today’s news story is that police dogs were used to track Ms. Allan after the crash and she was found 500 meters away from the scene. So the dogs did their job and it is certainly not a good look to have left the scene. But what relevance does this have to politics? Why is it still a major news story? Ms. Allan was in crisis and made bad decisions on that night. The matter is now between Ms. Allan and the justice system, and the evidentiary how’s and why’s of the accident will be presented in court. So what is the point in salaciously belaboring and speculating about the circumstances? She has resigned and will not run for re-election in October, in a district where she is widely respected and admired. Politically speaking, the story has run its course so everything at this point is a partisan beat-up (and bullying).

Meanwhile, the human offal that passes for the National and ACT Party leaders continue to lie and dog-whistle using US-style politics of racial and class division as a wedge on the electorate while capitalizing on personal failures in the government ranks to score cheap political points rather than concentrate on delivering realistic and collectively beneficial policy alternatives oriented toward pursuing the common good. Truth be told, the NACTs have nothing other than the tired old “hard on crime, lower taxes, cut public spending and roll back regulations while privatizing public services” rubbish that has proven detrimental to the welfare of most people in contemporary market democracies. Vague and discredited trickle down economic policies do not work and are no substitute for creative approaches to the collective interest. Since the NACTs have nothing on that score, they just whine, lie and engage in personal attacks as per the Dirty Politics playbook.

Whatever the failures of the current government and some of its ministers, one thing appears certain at this point: having a NACT coalition in power will be a disaster for most of us even while it benefits a very distinct few and the corporate media uncritically applauds—some would say encourages–their self-serving nation-busting antics. Now is the time to open our eyes and see what choice is before us in October: the politics of cruelty, division and avarice, or the politics of moderation and continuity. If the choice turns out in favour of the latter, even as a “lesser evil” option, it offers a basis to repudiate nastiness, greed and sectarianism as well as foreign ideological influences in NZ. If the choice is for the former, it means that a majority chooses to embrace the darker side of our national psyche.

That will be a collective tragedy, not a personal one.