Have some impunity with your privilege.

Extending the theme of short posts about current events, here is this one:

An up and coming sportsman gets name suppression and no jail time for filming a sex act with a women and posting it on the internet. In his sentencing the judge said that naming him and serving jail time would interfere with his athletic career even though the victim suffered significant emotional harm. The athlete/secret taper is ordered to pay a $2000 reparation to the victim–a day after he paid her that sum.

A case of domestic violence against a doctor in Auckland is thrown out of court and he walks free after his father-in-law pays Crown witnesses (the exact reasons are not specified in media reports but one could expect that whatever the reason this is a pretty straight forward example of pervasion of justice given that the couple had reconciled and wanted to “put things behind them”). The police say that they are “aware” of the payments but refuse to say anything else.

The Minister of Health attends a Vegas themed fundraiser for Northcote Primary School in which parents partied with fake cocaine. He says revelations in the media are a “beat up” because the event raised $30,000 for the school. He claims that he did not see the faux coke and did not ingest. Apparently none of the parents involved thought anything was wrong with simulating drug use at a school function, and the Health Minister (of all people!) thinks it is all good because much money was raised. As a friend of mine mentioned, they would have made a lot more money if they had used real coke instead.

All of these episodes were made public in one day. What do they have in common?

Well, they follow a long history of instances in NZ where people of privilege, be it via sports, money, political clout or social connection, engage in and are later absolved of full consequence for behaviour that otherwise would be considered worth severe sanction. I am sure that readers will remember many such instances. What does this say about the supposedly egalitarian and honest nature of Kiwi society?

Or look at it this way: if the clandestine sex taper was mediocre at sports, if the doctor and his wife were recent immigrants, if the Northcote Primary parents were from South Auckland, and if the politician was an opposition backbencher, would the media coverage and outcomes be the same?

Witty Banter

I am somewhat amused by the reaction to the Australians sledging of the Black Caps during the Cricket World Cup final. It is clear that, with a couple of exceptions, the Ozzie cricket team display incredibly poor sportsmanship, even to the point of racism on occasion. But what else is new? Why are so many incensed by their oafish behaviour?

Sledging, or trash talking as it is known in the US, is a sad but integral part of many sports. The more contact there is in sport the more trash talking there often is. Some athletic cultures thrive on trash talk–think boxing, American football or league.

On the other hand more ‘genteel” sports like golf, tennis or cricket are expected to provide a more civilised approach to the game. When athletes in these sports adopt more vulgar competitive approaches such as trash talking, they are quickly denounced. John McEnroe and Jimmy Conners in tennis, John Daly in golf, and an assortment of foul-mouthed cricketers have felt the wrath of those who feel that these sports are above the everyday fray.

That, I think, is the heart of the matter. It is a class thing. It is acceptable and considered normal to trash talk in “common” sports played by working and lower class people. But when it comes to the sports of the upper classes and elites, of which cricket, polo and yachting are the epitome, it is unacceptable for players to descend to the level of the hoi polloi. At most, in between tea breaks and pressing their linens for the evening overs, cricketers were and are expected to offer no more to their opponents than witty banter. It does not matter if these sports are now played by non-elites (some of the Australian cricketers can barely string a sentence together, much less hold a degree). What matters is that the genteel image of the sport must not be tarnished by crass displays, verbal or otherwise (recall that Wimbledon still has an all white dress code for players and prohibits shorts on female players).

In effect, the definition of good  and bad sportsmanship is determined not by the nature of the game but by the classes from which it originated. What is acceptable gamesmanship in sports that originated in the working masses is not acceptable in those that had their beginnings in more privileged circumstances.

The outrage directed against the Australian crackers for their sledging is more about about maintaining the appearance of class appropriate propriety than about their very poor sportsmanship. Had their trash talking happened on a soccer or rugby pitch it would have been considered perfectly acceptable and perhaps even gentle ribbing.

A Culture of Impunity?

During the dark years of dictatorship in South America in the 1970s and 1980s, there emerged a phrase to capture the attitude of the elites who benefitted from such rule: the culture of impunity. It referred not only to the attitude of the uniformed tyrants who ran the regimes, but more to that of the civilian elites who gave them social and economic support, and who benefitted lavishly thanks to the repression and restrictive laws on basic rights of association, dissent and movement. These civilian elites literally lived above the law, since they could, if not be directly protected by the regime’s thugs, be immune from prosecution or liability for crimes and other transgressions they committed simply because of who they were. Murders, rapes, abuse of servants, violent attacks on members of the public–all of these type of behavior were excused, ignored or bought off rather than be held legally accountable (I do not mention justice simply because it is impossible to have real justice under dictatorial conditions). Although there was variation in the attitude of some elites and cross-country differences appeared as well, the bottom line is that during the authoritarian period in South America a culture of impunity developed that was one of the salient social characteristics of the regimes in question.

With that in mind I ask readers if such a culture of impunity exists in NZ. I ask because it strikes me that although diluted and less repressive in genesis, there appears to be an attitude of impunity in the political and economic elite. They can buy silence and name suppression when they misbehave; with a wink and a nod they accommodate employment for their friends and provide sinecures for each other (think of various Boards); they consider themselves better informed, in the know, more worldly and therefore unaccountable to the popular masses when it comes to making policy (think of the use of parliamentary urgency to ram through contentious legislation and the NZDF command lies about what the SAS is actually doing in Afghanistan); they award themselves extraordinary powers in some  times of crisis (Christchurch) while absolving themselves of  responsibility in others (Rena). They use the Police for their own purposes (Teapot Tapes and Occupy evictions, the latter happening not because of public consensus but done by summary executive fiat). More generally, think of the lack of transparency in how government decisions are made and the duplicity of elite statements about economic issues (say, the price of wage goods) and political matters (e.g., recent internal security legislation). Coupled with equally opaque decision-making in NZ’s largest publicly-traded firms, or the cozy overlap between sectors of the judiciary and other elites, the list of traded favors and protections is long.

None of this would matter if NZ was run by Commodore Bainimarama. It would just be another Pacific island state ruled by a despot and his pals. But as a liberal parliamentary democracy NZ regularly scores highly on Freedom House and Transparency International indexes, to the point that it is often mentioned at the least corrupt country on earth (which is laughable on the face of things and which raises questions about the methodologies involved in such surveys). To be sure, in NZ traffic cops do not take cash bribes and judges do not have prostitutes procured for them by QCs representing defendants, but corruption does not have to be blatant and vulgar to be pervasive. And in the measure that elite sophistication in accommodating fellow elites outside of the universal standards applicable to everyone else is accepted as routine and commonplace, then a culture of impunity exists as well.

My experience in NZ academia, two respectable volunteer organizations and in dealing with national and local government officials suggests to me that such a culture of impunity does exist. It may not be that of Pinochet, Videla, Stroessner, Banzer or Geisel, but it seems pervasive. It appears to have gotten worse since I arrived in 1997, which may or may not be the fault of market-driven social logics and the “greed is good” mentality that has captured the imaginations of financiers, developers and other business  magnates (or it could just be a product of a long-established tradition of bullying, which has now spilled over into elite attitudes towards the country as a whole).

Mind you, this does not make NZ a bad place. It simply means that there is an encroaching, subversive authoritarian sub-culture at play amongst the NZ political and economic elite that undermines the purported egalitarianism and equality on which the country is ostensibly founded (I am sure there are sectors of Maoridom who will take reasoned exception to that claim). And if so, has the corrosive culture seeped into the body politic at large so that almost anyone is a relative position of power vis a vis others thinks that s/he can get away with behavior otherwise contrary to normal standards of decency and responsibility?

Does NZ has a culture of impunity?