Tag: Democracy

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

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

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

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

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

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

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

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

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

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Justice delayed, now denied.

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

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

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

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

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

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

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

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

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

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

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

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Playing us for suckers.

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

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

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

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

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

One wonders what National’s  private logic is.

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

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

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

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

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

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

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Conflict versus Cooperation in Human Nature.

One thing I used to do early in undergraduate classes is to ask students if humans were inherently more conflictual or cooperative. I noted that all primates and many other animal species had both traits, but that humans were particularly elaborate in their approach to each. I also noted that the highest form of human cooperation is war, where large numbers of humans cooperate in complicated maneuvers that combine lethal and non-lethal technologies over time and distance with the purpose of killing each other.

It was interesting to observe the gender and nationality differences in the response. Males tended to see things as being more conflictual while female students (again, these were 18-22 year olds) tended to see things in a more cooperative light. US students tended to see things  as being more conflictual than kiwi students, although it was also interesting to note the differences between political science majors (who saw things as being mostly conflictual, although here too there were differences between international relations, comparative politics and political theory majors) and those majoring in other disciplines such as anthropology, sociology, history, philosophy and fine arts types (I tended to not pay much attention to the opinions of medical students or hard science majors like chemistry or physics students, much less engineering students, simply because these people were pursuing distributional requirements and therefore not that interested in the subject of the courses that I teach, and tend to dwell less on the moral and ethical dilemmas inherent in human existence and more on solving practical  problems much as plumbers do–this includes the pre-med and med students I encountered over 25 years of teaching, which says something about the character of those who want to be medical doctors in all of the countries in which I have taught).

Singaporean students exhibit strong gender differences along the lines described above and reinforce everything else I have seen before when it comes to this question. In spite of the constant push by the PAP-dominated State to emphasize racial and cultural harmony, the majority of students I have encountered in 3 years of tutoring and teaching in SG see things as being mostly conflict-driven (with some interesting ethnic dispositions in that regard as well). For all of its official preaching of harmony, SG is very much a conflict-driven place.

I used my own experience to show how one trait or another can be reinforced via socialisation. Coming out of Argentina in the early 1970s  I viewed politics as class war by other means. It was all-out conflict and I was socialised to see it as such and behave accordingly. For the Argentine elite “communists” and other challengers to the status quo had to be eradicated–and often were. For Left militants the imperialist enemy and its local lackeys had to be annihilated if ever Argentina was to be a fair and just country. Needless to say, when I arrived in the US to begin my university studies with this zero-sum view of politics, my undergraduate peers thought that I was nuts–this, even though it was the Nixon/Agnew era and I had all sorts of ideas about how these clear enemies of the world’s working classes could be assisted on the journey to their deserved places in Hell.

Instead, my undergraduate friends preferred the shared comforts of bongs, beers and each other (this was the age before AIDS so such comforts could be pursued in combination in a relatively unfettered manner). They preferred cooperation to conflict, and after unsuccessfully trying to convert a few of them to my more contentious view of life, I decided that When In Rome (before the Fall)…..you get the picture (although I never did quite give up the view that politics is essentially war by other means, something undoubtably reinforced by my ongoing engagement with Latin America as an academic and US security official).

If one thinks of the difference between Serbs and Swedes, or Afghans and Andorrans, one sees that a major point of difference is the cultural predisposition to conflict or cooperate. Be it individuals, groups or the society as a whole, the tendency to be cooperative or conflictual rests on the relative benefits accrued from either, reinforced over time by custom, practice and experience until it becomes an indelible feature of the social landscape passed on from family to family and generation to generation.

Within otherwise stable societies some social groups are more or less disposed to conflict or cooperation than others. This is not necessarily reducible to class status. Although their social graces may be more refined and the veneer of cooperation makes them appear to be more “civilised,” the rich may be just as prone to conflict as are the poor. Conversely, the working class, when self-conscious and organised, is quite capable of undertaking mass cooperation in pursuit of common goals even if some actions, such as strikes, are clearly conflictual in nature (which again goes back to my adolescent notion that economics as well as politics in a class system are essentially war substitutes given distributional conflict over a limited or finite amount of socially-allocated resources).

One might argue that the advent of market-driven social philosophies, with their common belief that all individuals and groups are self-interested maximizer’s of opportunities, pushed the replacement of cooperative approaches towards the common good with hyper-individualistic, conflictual approaches in what amounts to a feral perspective on the social order. The latter exist in many lesser-developed societies in which pre-modern tensions and capitalist wealth generation create the conditions for abject greed, corruption and despotism. The twist to the tale is that in the advanced liberal democratic capitalist world, the turn to market steerage also appears to have brought with it a turn away from social cooperation and towards social conflict.  Now the tendency towards conflict appears to be the norm rather than the exception and it is no longer social reprobates and sociopaths who engage in conflictual approaches towards inter-personal or inter-group disagreement or dispute resolution.

Which brings up the questions: has NZ followed this sad trajectory in recent years? Has it always been more cooperative than conflictual as a a societal disposition, or is that just a myth that belies that reality of a society with a historical disposition to be in conflict with itself in spite of its peaceful international reputation?

I leave it for the readers to ponder the basic premise as well as the true nature of NZ society then and now.

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The Problem with Trading Down.

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

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

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

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

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

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

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

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

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

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

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

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

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

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Squandering Political Opportunity.

The dramatic reversal in the Democrat’s fortunes since November 2008 and their impending defeat in Tuesday’s mid-term elections raises the question of how things went so wrong for them in such as short time. Needless to say, the situation they inherited did not help: a major recession with near record unemployment, bankruptcies and home foreclosures, two wars of occupation, immigration concerns and a deeply polarised electorate. Even so, President Obama had a wave of popular support, the Democrats gained control of Congress, there was a mood for change in the country and the world was sympathetic to the incoming administration. Inherited obstacles notwithstanding, the scene was set for a major shift in direction under consolidated Democratic leadership for years to come.

Instead,  the Democrats have foundered while the GOP-Conservative opposition has rebounded and mounted a formidable challenge that threatens to undermine any hope for significant alterations in US policy direction. The immediate reasons for this Republican resurgence and the pallorous state of the Democratic Party (and the President) in the run-up to the midterms has more to do with the latter’s strategic and tactical errors rather than the former’s platform for governance. The Democrat errors can be enumerated, and will be summarised here.

The first strategic error was to believe that playing a centrist game was going to work. That may have succeeded in years gone by, but with an Republican opposition operating off a script of obstructionism, fear-mongering, personal denigration, xenophobia and cultivation of populist ignorance, it was never going to prosper in today’s political climate. Appeasing a disloyal opposition simply encourages it to become more vicious in its attacks, particularly when it has a partisan media working on its side. Thus the “Kenyan-Muslim-Socialist” and “Pelosi-Reid deficit spender” memes that have reverberated from the moment the Obama administration took office and the Democrats gained control of Congress.

What the President and his party should have done is staked out an explicitly Liberal-Left policy agenda that starkly differentiated their (relatively, given that it is in the US) progressive and pro-active  approaches to the nation’s woes. They were going to be vilified anyway, so the stark differentiation of their platform from the reactionary and failed GOP approach would have clarified the lines of debate in ways that the public could clearly understand, both in terms of where the fault lay with regards to the economic woes of the country as well as in the solution set being offered as an alternative. After all, the US has not had anything remotely close to a “progressive ” policy agenda (and I say this phrase advisedly simply because what passes for progressive in the US is centrist is most other liberal democracies) since the early days of Jimmy Carter’s presidency, and the inherited economic and political conditions were ripe for a bold move away from the failed policies of the Bush 43 administration. That would have been a real agenda for change.

Since the Democrats did not do so, they failed on a second strategic level: they failed to impose the terms of the policy debate and ceded that space to the Fox and talkback-led conservative opposition. Since the latter had little to offer other than invective, this allowed them to turn to the usual diversionary wedge issues in order to gain political traction: ethnic conflict, cultural mores, “socialism,” and taxation. Whatever the administration’s accomplishments (and there have been a number, including nuclear arms reductions with the Russians and the gradual military exit from Iraq), these have been lost amid the din of conservative outrage about sins more imaginary than real.

Thus the Democrats found themselves on the defensive even as they tabled their policy agenda. Since those who dictate the terms of debate are those who win the debate, that meant that they were fighting a losing battle from the get-go.

They compounded these strategic errors at a tactical level. President Obama granted leadership of the legislative agenda to his Congressional counterparts. That was a mistake. The November 2008 elections were about him, not the Congressional leadership. The Democratic take-over of both Congressional majorities was more a result of coat-tailing on the President’s popularity than on the intrinsic merits of Democratic candidates themselves. Obama had a mandate, and he had the political capital surplus to spend; Congress did not, and in fact remained one of the country’s most detested institutions even after his election. Thus, by delegating leadership on the legislative agenda to the likes of Pelosi and Reid (which he likely did in deference to his former senior colleagues), President Obama ceded his bully pulpit to the circus on the Hill. That gave the impression that he was weak and insecure, which in turn gave the Republicans space to go on the attack against “entrenched interests” and all the other failures of the DC-based “liberal elite.”

The tactical error was compounded by the choice of battles to commence with. Instead of focusing on mortgage relief and rescue for desperate homeowners, serious financial market reform, education opportunity enhancement, immigration policy adjustment and re-orientation of US military commitments abroad (among any number of policy areas), the President and Congress chose to address health care first. Although it is obviously needed given the deficiencies of the US private health care system, it was simply too contentious and big a problem to tackle at the onset given the image of Presidential lack of experience and his conciliatory nature. Democratic strategists may have believed that they had to spend the President’s political capital early so as to ensure its passage, but in fact taking that policy issue as the first order of business under Congressional leadership direction hamstrung the Democrats even if they succeeded in passing a watered-down version of health care reform that provides some level of universal benefit to all citizens.

Put another way: the last thing the American public wanted to hear at a time of deep recession and after the financial bail-outs of the banking and automobile industries was that more public money would be spent of health care and that future taxes would reflect that increased level of deficit spending. Compared to the billion dollar figures being bandied about with regard to health care reform, Obama’s “middle class tax cut” (for those earning US$250,000 or less) and tax rebate (amounting to $500 per household) were seen as negligible drops in the bucket and meaningless political sop thrown for opportunistic purposes. For those who had spent a lifetime of paying for private insurance, it also seemed be a case of the indolent, irresponsible and unmotivated being gifted, at taxpayer expense, benefits that they did not deserve. Once the Republican-conservative spin machine got a hold of the issue, the spectre of “socialised” medicine replete with “death panels,” lack of individual choice, limits on care, endless delays and assorted other deficiencies soon dominated public discourse regardless of Democrat attempts to clarify the issue.

The combination of these four factors–failure to head to the Left and carve out a distinct position, ceding the terms of political debate to the opposition, allowing Congress to set the legislative agenda and choosing to reform health care as the first priority–set the stage for the political train wreck that is the Democrat’s midterm election campaign. To that can be added a failure to realise early that Republican operatives are using the Tea Party movement as a Trojan Horse with which to re-gain political momentum and a return to power. Similarly, the White House chose to ignore rather than frontally confront the “Kenyan-Muslim-Socialist”  allegations until they were well entrenched in the public consciousness–a full twenty percent of the US electorate now believe that the President is one, the other, or all three. It is too late to bolt the door against such attacks.

Some argue that the Democrats are playing to lose because the inevitable gridlock that will follow from Tuesday’s vote will allow the President to paint the Republicans as do-nothing obstructionists without a real agenda for solving national problems. That could be true if the Republicans do not win the Senate as well as the House, but if they win both branches then they will have the ability to impose a legislative agenda that among other things will repeal the health care reforms and other aspects of the Democrat’s agenda that have been accomplished so far. That puts the ball in the President’s court because it forces him to exercise his veto in order to salvage his original program, which in turn casts him as the obstructionist during the two years leading into the 2012 presidential election.

The bottom line is that although the Republican-conservative opposition play extremely dirty, the Democrats have no one but themselves to blame for this impending election fiasco. If Clausewitz is correct in his assertion that war is politics by other means, than the reverse is equally true: politics is war by other means. The goal is to win, pure and simple, and that means that if the opponent is going to play dirty then the governing party must understand what it is up against and counter it decisively without equivocating about the niceties involved. Rather than understand this very simple logic, the Democrats returned to form, tried to play nicely to the center, tried to respect the separation of powers mythos that is ingrained in US political folklore, tried to be civil in the face of a disloyal opposition and tried to embark on big policy reforms before the the President and his new Congressional counterparts had fully moved into their offices. For their efforts they are going to get hammered on Tuesday.

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Enemies like these

I’m getting used to being vilified by the orthodox Marxist left, such as in the latest round of debate with Chris Trotter and some of his commenters, and to an extent in the response by Scott Hamilton. I don’t mind all that much, but it’s rather aimless. The critique that I’m not orthodox enough, not a proper red; that my sense class consciousness is atrophied — it all misses the point somewhat. I’m not a socialist; never have been. I’m a liberal social democrat, with strong emphasis on the “democrat”.

I’m a trade unionist because of this commitment to democracy. Unions, properly run, are strongly democratic — and their democracy enhances the more usual parliamentary and representative forms which govern our society. The question in the AE case, the matter over which I disagree with Chris and Scott and the orthodox Marxists is: from what does a trade union derive its moral authority? From the democratic mandate granted it by the workers it represents and the extent to which its actions serve their interests, or from its ideological rectitude and adherence to Marxist doctrine? I’d argue that both are necessary; the movement’s activities must be informed by a class analysis, but fundamentally the union exists to enact the wishes of its membership. The job of union organisers and so on is to educate and motivate that membership to commit to class struggle. The argument Chris and Scott are making, as if it’s an irreducible truth of trade unionism, is that the ideological rectitude on its own is enough. The quality or value of a union’s actions must not be assessed or tested against their workers’ stated needs, they say; if whatever a self-declared union and its handful of activist representatives decides to do passes the Marxist sniff-test, then anyone who fails to fall into lockstep behind it is a scab, and mandate be damned. (I’m not sure they even believe this, really; I think there would be some things even the most die-hard socialists would balk at — which would mean we’re simply disagreeing over the merits of AE’s case, which I think is a much more useful argument to have. I posed a hypothetical question to this effect on Bowalley Road this morning, but have received no responses at the time of writing this.)

But falling automatically into lockstep behind a union’s actions without consideration of whether they’re any good, or whether they serve their industry’s stated needs is bad for society, and it’s dangerous for the unions.

In our liberal democratic society, the right for workers to join a trade union and bargain collectively derives from the democratic nature of union movements; the fact that they enact workers’ wishes. This is the basis of the strong and very legitimate democratic Marxist critique of corporatism; that businesses in a democratic society ought to be democratic. It is also one of the chief arguments deployed in unions’ defence, and it is a very good one in a social and political context where the idea of democracy occupies such a powerful symbolic position. Unions do not enjoy any legitimacy by virtue of their ideological rectitude; in fact, their commitment to Marxist ideological doctrine is a considerable disadvantage in terms of their survival. Because of this, the trade union which relinquishes its commitment to democracy also risks relinquishing its claim to legitimacy, and if trade unions as a whole start to cut corners on democracy, then the movement as a whole risks granting anti-union governments a pretext to weaken and outlaw unions on the basis that they don’t actually represent workers’ interests. This is quite apart from the points I made in my last post on this topic, to the effect that non-democratic institutions tend to make bad decisions because they lack robust internal processes for developing and enacting their agendas.

So my overarching problem with Actor’s Equity acting without a mandate is that they risk the legitimacy of the trade union movement at large. (I initially predicted, in comments at the Dim Post, that the fallout would be contained by the wider movement — how wrong I was.) I try never to give my allies a pass for incompetence. Doing so breeds more incompetence. I didn’t give Labour a pass for the Foreshore & Seabed Act and I’m not giving a pass to the māori party as they look to be supporting a similarly expropriative replacement bill. So there’s no way I’m going to overlook the real and serious damage caused to the trade union movement and the cause of workers’ rights by this upstart union who took excessive action without a mandate. They’ve done real and genuine harm to the trade union movement and they’ve made industrial relations — which should have been a Labour’s trump suit — an easy source of tricks for the government. And this at the very time the union movement was beginning to gather strength again! There was an anti-union protest on Labour Day — how much worse do things have to get? Sure, blame the Tory government, or the ‘right-wing media’ or the falsely-conscious running-dogs; and to an extent this is justified. The government must bear sole responsibility for the legislation they’re passing, for instance; the details of that bill cannot be blamed on AE. But AE provided them the cover to pass it without much controversy; and indeed, none of these agencies enjoyed the political and symbolic freedom to unleash the sort of anti-worker tirades they have in recent weeks until AE’s egregious overreach — all with the full blessing of Trotter and Hamilton, almost everyone writing and commenting at The Standard and all those orthodox Marxists who claim to be champions of the worker. With enemies like these, Key and his government — and their ideological fellow-travelers — have no need of friends.

L

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The US as the new Greece.

Watching the lead up to what will be a major Republican and Tea Party comeback in the upcoming US midterm elections, and having spent an earlier part of the year in Greece, I cannot but help but be struck by the parallels between the two countries. This may seem crazy, but sometimes what is obvious is not necessarily apparent.

The US and Greece are saddled with immense debt, most of it public. Both have extremely large state bureacracies that consume an inordinate amount of the tax base. Both have lived, in their personal and public consumption, way beyond their means over the last two decades, riding the wave of financial sector excess and lving off real estate and other speculative bubbles that did not, in fact, significantly contribute to national productive rates.

In each case immediate past centre-right governments contributed to the false sense of security by allowing the financial sector to operate with considerable degrees of autonomy and lack of oversight, reduced taxes for the wealthiest sectors of the population and corporations, and spent money well in excess of state revenues. In Greece state expenditures went into a bloated welfare system that was designed to prop up living standards that are seen as a birthright of all Greeks; in the US, the excess state spending went into war. In both instances the center-right governments increased state spending and the public deficits that accompanied them. In both cases they were turned out at the polls in the past two years.

Center-left governments replaced the discredited right. They inherited unsustainable deficits that will take years to redress and embarked on economic reform programs that were designed to cut the public deficit and increase economic efficiency over the long term. In Greece this meant slashing the public workforce, decreasing public salaries and welfare benefits while offering a package of tax incentives to small and medium business so that they could innovate, expand and thereby take up the slack produced by reductions in the public workforce.

In the US the economic stimulus program was designed to prop up and revitalise at-risk major industries (the automobile and financial sectors in particular) while providing tax relief for 95 percent of the working population. A national health program was instituted that, even though watered down and more pro-business than pro-consumer and nowhere close to socialised medicine,  provides for minimum health coverage for the majority of the population. Selective regulation on the financial sector was legislated, although this worked more on the margins of the system rather than at its core. Military spending was cut at the corners, and in a number of cases companies that received financial bail-out packages have begun to re-pay their debts.  In effect, although in the US public spending increased over the short term with the stimulus and health care packages, the design is oriented towards lowering the overall public spending bill within five to ten years while maintaining a  disproportionate emphasis on “defense.” That is the American way.

In both instances some or most of the center-right opposition in the legislature supported the economic reform packages of the government, but backtracked when confronted by public reaction. In both cases that backtracking led them to move towards the zealot wing of their popular base. That has consequences.

The reason? In each case there was an immediate, reflexive and largely unthinking  public backlash against the reform measures. Following Greek protest tradition, often violent strikes and demonstrations have engulfed the country from the moment austerity measures were announced. Although the protests are led by unions and other elements of the agitational Left, the real beneficiaries of the crisis are the hard Right, who have seen an opportunity to engage in nationalist-populist demagogery in which “foreign interests,’ illegal migrants, “Communists” and a host of other suspected culprits are blamed for the country’s woes.

In the US attempts at reform have been met by a wave of right wing backlash among the mostly white middle classes, who also blame illegal migrants, “Socialists” and other purported “progressives” as well as atheistic liberal homosexual-enabling secular humanists for the decline of Empire. At public forums many vented their anger by calling for a “revolution” or at least the ovethrow of the Washington elite. Some of them turned up armed to make their point.  They have a movement not unlike the Greek ultra-nationalists. It is called the Tea Party.

What is striking about both hard right wing resurgences is that they stand to gain the most from upcoming elections simply by blaming the governing center left administrations without offering a plausible solution to the problems of the day and near future. Both want to return to something long gone. Both want lower, not more taxes, apparently not understanding that in the case of Greece that national pasttimes of tax avoidance, island vacation homes and reliance on the state for pensions, social security and universal health care are contradictory and incompatible. In the US the pejoratively labeled “Tea Baggers” apparently have not connected the dots between maintaining a massive military apparatus that consumes 6 percent of GDP, is fighting two wars of occupation and at least a dozen small irregular conflicts simultaneously, has a presence in 150 countries and deploys three carrier task forces comprised of 7 ships and 75 aircraft at sea at any one time (no other country can deploy even one), and the need for a substantial tax base. Nor can they see that the party that they support is the one that has the most extensive ties to the Wall Street giants that played loose with their money in the game of financial roulette known as the sub-prime lending market that has now come a cropper. Instead they rail against welfare queens and “illegals” stealing the jobs most Americans disdain.

In both countries the conscious anti-intellectualism of the Right is manifest.  They want simple solutions to complex problems, they want the solutions to benefit them without requiring any sacrifice, and they want it all to happen yesterday. Reflexively ignorant political champions lead the charge and rally the masses in each case.

Most of all, it is historical myopia, an overdeveloped sense of entitlement, the lack of acceptance of responsibility and the shifting of blame that ties the US and Greek public together in their rightwards march. Both cultures prefer to forget the immediate past that led to these tough times and instead focus on a mythical past in which the Nation was strong, proud and united in its demographic homogeneity and cultural mores. Both cultures believe that they are special and especially deserving because fortuitous circumstance determined that they were born Greek or American. Neither culture embraces the notion of individual and collective responsibility as a majority ethos anymore. Instead, the common approach is to blame others for individual failure and collective misfortune.  Both right wing movements have little to offer than hatred for central government elites, current reform policy, bankers of “dubious” persuasion and all the “others” who instigated the entire mess. Mutatis mutandis, there are faint echoes of interwar Europe in all of this.

That may be a basis for victory in any contemporary elections given the circumstances, but it is certainly no blueprint for national regeneration. History has repeatedly shown that national-populist lurches to the right produce more anomie and retrogression than progress. For the latter to occur, people will have to first take individual and collective responsibility about their role in the process of decline. Then they will have to accept the costs of redressing that decline which means that they will need to assume the burden of altered lifestyles no longer easily bought on the back of cheap credit, deficit spending and overinflated notions of national grandeur. They will then have to grin and bear it during the tough times so that their children and grandchildren will prosper under different conditions.

None of that is going to happen anytime soon.

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Drawing Blood from a Stone.

The government’s decision to file a civil suit against the “Waihopai 3” is vindictive and a gross waste of taxpayer dollars. Much like the Zaoui case, which could have been concluded years before it actually did at far less cost than the amount on the final bill, this is a classic example of a vexatious state litigation. Vexatious state litigation, to coin a phrase, is an instance when the state (exemplified here by the Crown) continues prosecutions, appeals or defenses long after legal defeat is obvious and, as in the case here, judicially administered. Even so, there are a few aspects of the case worth reviewing.

As I mentioned in an earlier post titled “Political Idealism Trumps the Law,” the Waihopai 3 expertly exploited the claim of right defense to defend their direct action against the eavesdropping station. Contrary to most direct action proponents, they did not admit their crimes and accept their due punishment, but instead used the claim of right defense to argue their innocence based on moral grounds. Among other things that defense states that even if mistaken in their motives, people who honestly believe that their acts will prevent a greater harm are exonerated of responsibility for the consequences of those acts. Thus, although I (and presumably the government) believe that they are mistaken in claiming that the Echelon station at Waihopai facilitates torture, war crimes, crimes against humanity and human rights violations, the important point is that Peter Murnane, Adrian Leason and Sam Land were found by a jury of their peers to be innocent because they sincerely believed that their actions were helping to prevent a greater harm. So long as the claim of right defense exists in the law and juries are willing to accept that defense as legitimate, then the verdict should stand and, in the absence of irregularities in the administration of the case, no appeals or civil lawsuits filed. In other words, that should be the end of the story.

If the government does not like the claim of right clause in the law, it can work to change it. But suing for civil damages to the tune of 1.2 million dollars, including the cost of pies, beer and savories for repair workers, smacks of imperial hubris. Moreover, the claim is unrecoverable even if the Crown were to win the lawsuit. Father Peter has no tangible assets, and since neither the Dominican Order or the Catholic Church were party to his actions, they cannot be made parties to the suit. As for Land and Leason, what is the Crown going to do–confiscate Land’s organic farm and repossess Leason’s house while garnishing his salary, thereby throwing their families onto the street (and dole)? Even if it did so, the amount recovered from the sale of the assets of all three men would not come close to paying the full bill. So what is the point if the full costs are not anywhere close to recoverable?

The Crown also has not thought through the consequences of its lawsuit. The GCSB refused to front up at the original trial in order to refute the defendant’s allegations. That pretty much left their claims uncontested, which was instrumental in the jury’s verdict. Is the GCSB now going to show up at a civil trial and be prepared to re-litigate the original claims under the claim of right defense? If not, then there is no case for damages because a verdict of innocence under the right of defense absolves defendants of financial liability stemming from their acts. To put it bluntly: a verdict of innocence under the claim of right defense means full absolution from liability. That is why the right of defense is such a dramatic line to take and so difficult to argue successfully, which is why most direct action militants do not even bother with it and opt to plead guilty and ask for judicial mercy citing mitigating factors. But in this case the right of defense was made and it prevailed. Unless the GCSB wants to testify as to the merits of the claim of right defense as well as to the extent of the damages incurred (which I believe have been exaggerated) then there is no case to be made. If there is no case to be made, the pursuing the lawsuit is a waste of time and public money.

If the government allows this civil suit to continue it will be another example of politicians and state bureaucrats playing loose with taxpayer money in order to prove a vengeful point regardless of the merits of the case. The suit is clearly designed to be a warning to others who would dare to use the claim of right defense for direct actions, and therefore not only a form of vexatious state litigation but also an act of official intimidation against those who would dare speak (their) truth to power. For a supposed liberal democracy, that is a bad look.

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Two Bicentennials, and two disappointments.

Although the NZ media did not pay much attention to them, Argentina and Mexico celebrated the bicentennials of their independence from Spain this year (Argentina on May 25 and Mexico on September 16). Much fanfare and parading happened in both nation’s capitals, and a wide array of patriotic rhetoric was heard. But the sad truth is that both states are disappointments and long time failures. They certainly are not in the same league as Somalia or Yemen, but for the majority of citizens in each country the hallowed promise of independence has come up short. The failure in both instances rests not with foreign imperialists but with the respective political and economic elites.

Argentina and Mexico are the fourth and fifth largest countries in the Western Hemisphere and blessed with abundant natural resources, a variety of climates and geography, extensive coastlines and close commercial ties to greater Europe dating to 1810. They have well defined borders and are peace with their neighbours (even if those borders are permeable and historic resentments occasionally arise–but none of this compromises trade or good relations with neighbours big and small). The strategic sectors of their economy are under state or domestic capitalist control (or both). They both exhibit considerable foreign policy independence.

Yet, 200 years after independence, neither has fulfilled its promise. Mexico is in the midst of a vicious civil war between a variety of drug cartels and the state that poses the risk of it disintegrating into neo-feudal enclaves and autonomous regions barely under the nominal authority of a failed central state apparatus. Argentina, although not the financial basket case that it was in 2001-02 or the state terrorism experiment that it was from 1976-82, remains a nation in which corruption at all levels of society is an art form and in which patronage and nepotism are the hallmarks of political life.

This really should not be. Both countries have produced, among many other lines of contribution, Nobel laureates, writers, artists, musicians, actors, medical pioneers, legal scholars, diplomats, human rights champions, renown architects and more than a few good political scientists. The number of such luminaries is disproportionate to the total population of each country, so it is clear that the talent pool runs deep in each case. Yet time and time again, year after year, decade after decade, the tides of national fortune ebb and fall so that neither country has come close to fulfilling the promise of its naturally-given and human potential. That is a pity, and a waste.

I grew up in Argentina and have spent a fair amount of time, both personal and professional, in Mexico. In my younger years, when my leftward tilt was more pronounced, I joined those who blamed the US and imperialism in general for the woes of these and all other countries in the region. Dependency theory was my theoretical crutch and, as a prescription, revolution was to me the best answer to the region’s problems.

I was wrong. Mexico had its revolution in 1917 and although the nature of its authoritarianism changed, the fundamental socio-economic and political problems underpinning it did not (the 1994 Zapatista rebellion in the southern state of Chiapas was a reminder of that). Although a looming presence, the US is not the primary source of Mexico’s ills (although its drug consumer market is certainly a part of it). Although nominally democratic for a decade, Mexican politics remains infested with cronyism, corruption (now often drug related) and a lack of transparency. Socio-economic actors of all types see the state as a trough from which to feed when in power or in favour rather than as a neutral mediator in redistributive conflicts.

Argentina has not had a revolution but not for lack of trying. I was personal witness to the Montonero/ERP campaigns of the late 1960s and early 1970s as well as the last gasp of the Peronist mythos in person (Peron died in1974 after returning from exile the year before). That only precipitated the state terror experiment and the return to shallow consumerism for which Argentines–or least those living in Buenos Aires–are famous. The attitude towards holding power is similar to that of Mexico, and the “state-as-money bag” approach is also endemic amongst the Argentine elites.

After the neo-liberal experiments in both countries, the gap between rich and poor is worse now than it was 50 years ago. Working class dissent remains a simmering pool that remains unmitigated in each case. Crime haunts the streets (more in Mexico than in Argentina, but both at much higher rates than before 1960 or even 1990), and uncertainty about the future is rife amongst all but the upper ten percent of society. Even the national soccer teams have failed to live up to popular expectations, which in of itself is symptomatic of the larger malaise each is living through. And yet the politics of elite greed continues unabated in both countries, now under ostensibly democratic aegis.

All of which is to say that as much as it is nice to celebrate longevity, it is human folly that has prevented these two countries from developing into fully mature states that are nourishing and representative of their citizens. My hope is that the younger generation of citizens exposed to the excesses of the past 25 years in both places will work harder than their parents and ancestors at giving them the political leadership that they so rightly deserve and which was sorely missing from the official grandstands during the celebrations.