No democracy on the honour system

This morning I posited a conspiracy theory that the government would use the temporary deregulation measures undertaken in response to the Canterbury earthquake to progress another tranche of wide-ranging reforms to the resource management regime and building and construction industries after the 2011 election.

Absurdly, if the Canterbury Earthquake Response and Recovery Bill is passed without very extensive amendments of the sort proposed by the Greens and voted down by both major parties (it’s going through all three stages right now), then all that and much, much more could happen this week, no election required, and without any review by the courts. The executive powers granted to the relevant Minister (that’s Gerry Brownlee) in this bill are so sweeping as to permit him to do almost literally anything as long as it has something to do with quake recovery — amend or suspend almost any piece of legislation, overturn any electoral decision — really, Dean Knight, Graeme Edgeler and Andrew Geddis (themselves no wide-eyed conspiracy nuts) are just three of the constitutional law experts who are boggling at the possibilities; Idiot/Savant is also much more than usually incandescent, and Gordon Campbell pulls few punches, either. Geddis says the law gives him “a case of the screaming collywobbles”. How’s that for a technical term. Their argument — contra government speakers such as Nick Smith — is that, because there is no real oversight to test whether actions taken are “reasonably necessary or expedient for the purpose of the Act”, the bill’s scope is not strictly limited in black-letter law to those matters, nor indeed to the region impacted by the quake, and the minister and his commission basically enjoy immunity. These are sweeping powers such as those which might be accorded an executive head of state in a command-government situation such as a major war.

Not would happen, mind. I don’t think anyone genuinely thinks Gerry Brownlee will decriminalise murder, approve mining across all schedule 4 land, enact wartime conscription or overrule the results of the forthcoming Supercity election. I don’t. But the point is (assuming Dean Knight knows what he’s talking about) that Brownlee can. Or will be able to tomorrow, until April 2012, which astute readers will note is a good half-year after the next general election must be held. There are no real checks or balances, much of the actions taken under this legislation are able to be taken in secret, and actions taken will not — at least on paper — be subject to judicial review. This means that we are relying on Gerry Brownlee to not be evil. But democracy doesn’t work on the honour system. It can’t. It doesn’t work on the basis that you give a government power in the hope that they use it legitimately; you give it power on the basis that you have the authority and ability to wrest it back from them if they misuse it, and on the assumption they will misuse it. The honour system is fine for bouquets being sold at the cemetery gates. It’s no basis upon which to run a country.

As I’ve often argued here and elsewhere, what sets liberal democracy, with all its failings, apart from authoritarian systems is the ability for the electorate to transfer power by the exercise of these sorts of checks and balances. Under orthodox authoritarian socialism for examplem — more or less the only form of socialism ever fully implemented on a nationwide scale, in the USSR and China, for instance — the transitional dictatorship is empowered with the sole authority and means to put down any such counter-revolution as might endanger the transition to genuine communism; and because of this, the dictatorship enjoys impunity. It has no reason to work in the interests of the people it purports to serve, inevitably becoming inefficient, corrupt and brutal. (Thus, the problem with socialism is authoritariansm which accompanies it, not so much the economic aspects, but that isn’t my point here).

The Canterbury Earthquake Response and Recovery Bill, of all the ridiculous things, brings into being the potential for just such a regime in New Zealand, and we can only hope it is not used to that effect. It is a colossal, hypervigilant overreach. And if any ill comes from this, Labour — and even the Greens and the māori party — will bear as much responsibility as National; they are all supporting it out of “unity”.

Where now are those who railed against the Electoral Finance Act, who speculated darkly that Helen Clark might not relinquish power after the election, or might suspend the operation of the free press; who shrieked about the Section 59 repeal; against ‘Nanny State’ and the illusory Stalinism of lightbulbs and shower heads, drink-drive limits and alcohol purchase ages and compulsory student union membership? Here the papers are being signed to dismantle robust constitutional democracy right under our very noses, and there’s barely a whimper.

(Updated to add Lyndon Hood’s fantastic image of Brownlee VIII, link to Campbell’s article, and tidy the post up a bit.)

L

Creaky building syndrome

Here’s a conspiracy theory. Building, demolition, waste/fill disposal and other resource consent regulations are being suspended in Canterbury following the recent earthquake. Indications are that exemptions to the RMA regime will be granted by order in council, and (among other things) the norm will be to permit building and reconstruction work to take place without delay, the consents being — here’s a phrase — restrospectively validated. It’s plausible that this will serve as a pilot scheme for the government’s next tranche of deregulation in the building industry and resource management sector.

I’m not a civil engineer or an expert in either town planning or disaster reconstruction. But I have a few concerns. There are obvious concerns with the possible quality of workmanship in the immediate term given the new lack of oversight which, at its most lax, could permit any chap with a hammer and a can-do ethic to undertake their own structural work which will need to be be certified (or not) after the fact; other concerns around the likelihood that rights of objection to resource consent applications will apparently be severely curtailed in order to expedite the reconstruction.

But my main concern is over the longer term. A government which has declared itself the enemy of all environmental regulation — in the local government sector, overseen by Rodney Hide, in particular — is making a There Is No Alternative argument to use Canterbury as the test-bed for its latest massive (and this time rather ad-hoc) deregulation project. The project will have two different and contrasting sets of outcomes. In the short term, the volume of reconstruction and reconstruction work will pick up swiftly, providing a shot in the arm both to a flagging construction sector and to a region whose core industries, particularly manufacturing, were hit hard by the economic downturn. This will begin to peak through the coming year or so, coincidentally about the time it takes to get many resource consent applications underway, and not coincidentally, about the time of the next general election. The adverse consequences of a less-regulated construction and resource management sector — let’s coin the term ‘creaky buildings’ — won’t begin to appear until well after that time.

So, expect the 2011 general election to be fought substantially on this topic of deregulation, particularly of the local government sector, and to be fought on the front-foot with Canterbury as the key battleground. The predominant line in rhetoric will be “under the RMA, nothing would have been rebuilt yet”, and we’ll hear all the same assurances as we heard last time. And based on the rapid development and booming construction sector in that region, similar reforms will be proposed across the country. After all, if it’s good enough for Canterbury, why not everywhere else? And just as before, when the creaky buildings constructed under this regime begin to creak, there’s an even chance it’ll be a Labour government which picks up the pieces. Not only is there No Alternative, for a government focused on the short and medium term with an imperative to grow now and pay the bills later, there is no downside.

L

Fighting like you mean to win

I had meant to write something substantive on the politics-of-not-playing-politics evident in all aspects of the Christchurch earthquake and its aftermath, but circumstances have conspired to prevent me from doing so. I also have two deadlines in the coming week. So just a quickie, via George Darroch: What climate activists need to learn from the NRA and the gun-control wars.

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I’ve made the argument before that climate change, having as it does the weight of scientific orthodoxy behind it, should be an easy win in the battle of ideas. That it isn’t, I believe, is due less to the powerful business cartels and their conspiratist minions arrayed against it, and more down to poor strategy and coordination on the part of those responsible for ensuring that the findings of the science are adequately promulgated throughout society, and for ensuring the policy responses to the problem are appropriate.

fail

As gun control advocate Robert Walker argues in the linked post, those people — both the scientists and the political actors — can learn an awful lot from the NRA. Despite being pretty far out on the lunatic fringes even in the US political context, the NRA has simply phenomenal support both among gun users and those for whom the specifics of the debate have no direct relevance. They have this degree of support largely because they have succeeded in propagandising that issue to the point where its symbolic aspects matter more than its functional, material aspects. Doing this — breaking your topic from being a policy matter to being a symbolic matter in the public consciousness — is hard and complicated work, and you have to fight as if you mean to win; to not underestimate your enemy or permit your campaign to be hijacked by incompetence and vainglory. But if the NRA can do it with an issue like gun ownership, arguing for which on rational policy bases is deeply problematic, then surely those responsible for climate science can do as much. How they might do so is sketched in Walker’s article.

L

Sometimes the duty of the free press is to not report.

The on again, off again Koran burning planned by a small time evangelical preacher in Gainsville Florida has received world wide coverage and raised serious concern among the US military and foreign policy elite that it will cause a murderous reaction against US citizens living and fighting in the Muslim world. The issues has dominated the news in the US for days (I am currently located about 120 miles southeast of Gainsville), played out in a perverse media tag team with the so-called 9-11 mosque controversy. Official concern is so great that President Obama, Secretary of State Clinton and ISAF commander General David Petreus have denounced the planned pyrotechnics, while Secretary of Defense Robert Gates made a personal call to the preacher to ask him to cease and desist.

So far, the preacher has said that he will stop the burnings only if the 9-11 mosque supporters agree to move it someplace else. Which means that on top of the provocation and outrage he intends, he has now added blackmail.

Fueled by right wing media led by Fox News TV and Radio outlets, the issue has been debated on a free speech grounds. It is generally accepted that the wacked out preacher has a right to burn Korans, but division is over whether he has a responsibility to not do so given the larger consequences of his actions. Some officials have tried to find a way to stop him using hate speech legislation, saying that his obvious intent is to spread hatred towards all Muslims and the faith itself, something that is not protected by the first amendment. Others have responded that he should be allowed to do as he please and that the US should not kow-tow to “terrorists” just because Muslims react hysterically to the desecration of the holy book or images of the prophet.

I shall leave aside the obvious greater harm argument that clearly demonstrates why the Koran burning is a bad idea. I shall also avoid addressing the fact that Islam is not the only religion where its adherents respond violently to perceived insults to their faith. I will leave aside the argued to death free speech aspects of the case. Instead, I will address two aspects of this affair that appear to be underplayed.

The first issue is a matter of perception of the event in the Muslim world. Like it or not, most people living in Muslim nations cannot fathom the concept of a separation of church and state, or that the US government and local authorities do not have the power to just physically stop the preacher from holding the event. That is because most live in authoritarian states where religion and politics are deeply intertwined and governments regularly intervene in matters of religion (to include prohibitions on certain types of religious activity, regulations on marriage, etc.).  As a result, most citizens in the Muslim world cannot conceive of  such an event being carried out without government approval, so see it as an officially sanctioned statement of how the US views Islam. That may be ignorant or confused on the facts, but it is the reality of the context in which the Koran burning is perceived in the Muslim world. (Note to those who may take offense: this is a comment about the deeply ingrained authoritarian nature of power structures in the Muslim world rather than about the content of its faith, and refers not to the educated classes but to the broader mass of people who do not have access to the facilities and vehicles that would allow them to make discerning judgements on international issues. The same can be said about other political cultures as well).

The second issue is the reckless role of the US press. The preacher in question leads a 50 person fringe fundamentalist congregation that has in the past protested against gays and threatened to torch a copy of the Torah (since he believes that Judaism is also a “dirty” religion). He clearly has delusions of grandeur, if not being a few cans short of a six pack. The national press paid no mind to his previous antics, so why is it doing so now? Why not just ignore him? Why is this event considered front page news when his other antics were not?  In sum: why give this nutbar oxygen?

Given the sensitivities at play, the national press could have buried the story in the “odd news” section or not covered it at all given its marginal nature. To their credit, outlets like the NYT and WP have limited their coverage to the reactions and not played the story on the front pages of their respective publications. But, led by Fox and a network of Christian radio and TV outlets, the US press has covered the Gainsville Goober as if he were Sarah Palin’s running mate.

That is where they fail their obligations to the public. As with any democratic entity, the press has responsibilities along with rights. Those responsibilities include not inflaming or otherwise causing small events to bocome international incidents that have the potential to cause great harm to US interests and its citizens. It has an obligation not to stoke the fires of religious and ethnic hatred. And yet the right-wing media in the US has done exactly that, aided and abetted by conservative politicians like Newt Gingrich who see political gain being made off of the scapegoating of Muslims and (with regards to immigration and future demographics) Hispanics.

This helps explain why the tone of public debate in the US has become so vulgarised and debased. There is a large element of the press that has become “Murdochised,” (sic), that is, it will report on anything that can cause scandal, outrage and division in the interest of profit and political advantage. It has eschewed its responsibilites to the larger public interest in the pursuit of partisan gain. It is, in other words, unworthy of the constitutional guarantees under which it cloaks its behaviour.

All of which is to say that if there is a nasty fallout from this stunt, whatever blood is spilled is not only on the hands of the religious provocateur and his small band of intolerant followers, but also on the hands of their media and political facilitators who turned a backwoods hoe down into an international incident.

In the US, a return to primordialism.

In retrospect, it seems obvious. Given the venomous attacks on Barack Obama in the 2008 election campaign, the move towards a “post-racial” society was never going to happen.  Instead the reverse transpired, with race, religion and ethnicity now dominating US political debates in a measure not seen in years. Fuelled in part by the president’s overt identification with African-American culture and causes in spite of his mixed race heritage, the real instigators of the return to American primordialism are the conservative media outlets, Tea Party agitators and opportunistic Republican politicians who see political advantage in harping negatively about race, religion and ethnicity. Be it arguments about reverse racism, immigration, “socialist” health policy, religious freedom (in the case of the proposed Islamic cultural centre located 2 blocks from ground zero in New York City), the hot button issues in the lead-up to the November 2010 midterm elections are rooted in conservative white fear of cultural diversity and ethnic equality. That garrison mentality resonates in the great American echo chamber of conservative blogs, radio and television, and it has set the tone for the political debates of the moment.

The conservative view is that to be Judeo-Christian white is to be right, and the issue is whether to stand or fight. This view holds to the belief that White Christians are the carriers of superior values tied to the Protestant Ethos of hard work and entrepreneurship,  and that these values are now under siege from a variety of forces, both domestic and foreign (often working in concert). Fear of the “other” is the subtext of the day. With the nightmare of a black Kenyan Muslim in the oval office now realised (at least in the minds of some), the culturalist Right have chosen to fight. Their method for doing so is to fill the public space with racially charged interrogatives that speak to white grievances against affirmative action, poverty reduction, undocumented immigration (including so-called “anchor babies”), minority religions (especially Islam), linguistic diversity, and any other cultural characteristic that is seen as threatening to WASP values.  Cultural scape-goating is phrased as a defense of traditional values in order to cloud the message and make it difficult to refute. The Democrats and progressive elements in the electorate have been slow to stand up to the cultural bullying, and even slower to recast the terms of the political debate. Since those who set the terms of political debate are the ones who usually win the argument, this augers poorly not only for the president and his party in November, but for the future of American social diversity in general.

The return to race baiting and xenophobia is due not only to white Christian conservative fear of what the future US demographic may look like, but also to their inability to offer a policy agenda that is anything other than opposition to whatever the Democrats propose. Capitalising on anti-“big government” sentiment that conveniently overlooks the fact that the expansion of the federal government deficit was fuelled by a massive military build-up in pursuit of two wars undertaken by a conservative Republican president aided and abetted during his first 6 years in office by a GOP-dominated Congress in a context of corporate deregulation and lower taxation of firms and wealthy individuals, the white conservative backlash against Obama is visceral, vicious and anything but virtuous in intent. For some on the US Right the turn to primordialism is a return to their darker ideological roots.

The irony is that the Right’s politics of primordialism is not necessary. In spite of victories in health care and finance industry regulation, the successful rescue of General Motors and its ahead of schedule withdrawal of combat troops  from Iraq, the Obama administration has shown itself to be vacillatory and reactive across a broad range of policy issues. Rather that set a firm agenda it appears to bounce from crisis to crisis, blaming its predecessor for problems that are not of its making (such as regulatory failures that led to the Gulf oil spill, inherited federal deficits and the 2008 financial crisis). All this does is convey the image of an whinging Administration out of its depth or indecisive at the point of engagement, aided by a venal Congress disconnected from the realities of common voters.  Coupled with the usual anti-incumbent and anti-Washington sentiment and an unusual amount of hatred for the federal government, this leaves the Democrats in a perilous position in the lead up to the November midterm elections. 

Hence, in the current context of an impending “double dip” recession and mounting fiscal deficits, ongoing high unemployment and continued foreclosures and mortgagee sales as involvement in foreign conflicts drags on, the Democrats can be defeated in November on issues of policy alone, even if the alternative is incoherent on specific points of remedy. The diversion into the so-called “culture wars” consequently is not a political necessity for the GOP, but a choice.  The choice is to engage a raw backlash at everything Obama represents as a social construct.

Not surprisingly the focus on primordialism obscures and mystifies the increasing gap between the US corporate elite and investment rich, on the one hand, and the salaried middle and working  classes on the other. Cloaked in the language of individual “responsibility,” “free enterprise” and “freedom,” this is a return to the late 19th century-early 20th century era of ethnic divide- and-conquer anti-unionisation efforts played by the robber barons and their Pinkerton thugs, and which finds resonance in the anti-union, anti-immigrant, anti-Islamic militia-style rhetoric of the present day. It also is wrapped in a strict constitutionalist interpretation that sees anything not explicitly mentioned in the US Constitution, such as universal health care, as insidious attempts to undermine the White Christian foundations of the nation.

There is an irony here. The descent into primordialism could spell trouble for the GOP at a time when it should be easily crafting an alternative agenda for a return to political dominance. The libertarian and moderate wings of the Republican Party are being made to choose between the xenophobic Right and disaffiliation. The plight of Florida governor Charlie Crist is instructive.  A popular moderate Republican who is pro-choice, pro-gay marriage and reformist on immigration in a state with large Hispanic  and Black populations and a heterogeneous mix of Whites, Crist was losing badly in the polls for the Republican Party Senate candidacy in favour of a more conservative, less experienced candidate. Faced with a primary loss next week, Crist is now running as an Independent in what will be a three-way Senate race in November that looks increasingly hard for the GOP to win given the vote-splitting caused by Crist’s presence.

Similar centrifugal tendencies can be seen in the Tea Party movement, which has found its “small government” origins hijacked by a reactionary culturalist agenda that harks to the Anglo supremacist views of the 1920s, 1930s, 1950s and early 1960s. That leaves Tea Party economic liberals and fiscal conservatives at the mercy of the new segregationists and isolationists, thereby dividing the movement at a time it should be uniting around a common agenda for change. That opens space for conservative Democrats to make common cause with the economic, as opposed to socially conservative Tea Party adherents.

The Democrats are not immune from the primordialist temptation. The controversy over the proposed Islamic Cultural Centre in NYC has seen a number of prominent Democrats, including Nevada Senator Harry Reid and former DNC Chairman Howard Dean, come out against it. Spurred by electoral considerations and like the Republican primordialists, they have abandoned support for the supposedly sacrosanct freedom of religion in favour of arguments that constructing a “mosque” close to Ground Zero is a “provocation.” Turning the debate on its head, some such as Newt Gingrich and Sarah Palin have likened the “provocation” to having Nazis build a monument at Auschwitz or the Japanese building a shrine at Pearl Harbour, conveniently ignoring that the fact that the former was a political movement with genocidal pretensions and the latter was a state declaring war, whereas Islam is the religion of 11 extremists who committed an atrocity (much as Christianity was the religion of the Oklahoma City bomber Tim McVeigh).  In fact, the more appropriate analogy might be to propose to build a Christian church on the site where a murdered abortionist practiced, something that has in fact happened at the place where Dr. George Tiller had his Women’s Health Care Clinic in Wichita, Kansas. Although unsuccessful, this deliberate insult to Tiller’s memory and work on behalf of the pro-choice movement met with little outcry and more than a passing wave of approval on the part of the same people who now most avidly decry the Ground Zero “mosque” (I put the word mosque in quotation marks because the proposal is for a multi-use facility that includes prayer rooms for men and women).

Nor has the “provocation” argument had to reconcile with the fact that two established mosques are located four and six blocks from Ground Zero, respectively, or that various porn shops and strip clubs are located across the street from the hallowed site itself. Even so, few mainstream politicians have spoken out against the inconsistencies of the “provocation” argument or the defamatory tarring of Islam with the genocidal Nazi-Japanese “sneak attack” brush, in no small part for fear of being seen as pro-Islamic. That is sadly telling of the current state of affairs.

In fact, that Howard Dean and Newt Gingrich can make common cause on an issue involving religious freedom demonstrates how debased the US political debate has become. Worst yet, after initially framing the controversy as a matter of religious freedom, President Obama backtracked in the face of conservative criticism and said that it is a matter of local opinion and religious sensitivity to broader public concerns, thereby ceding the argument to the primordialists while confirming the impression that he is indecisive and thin-skinned.

The impact of the return to primordialism has yet to be seen, but two logical inferences can be made if it continues. First, that it will have an atomizing effect on US politics and society, as conservative White and minority ethno-religious communities grow increasingly alienated and see their collective fortunes in zero-sum terms. Rolling back 50 years of improving race relations is a recipe for instability and conflict which cannot be solved over the long term by Whites stockpiling arms and joining civilian militias in a country that is dependent on migrant labour and which will have a majority non-White demographic in 25 years regardless of illegal immigration controls. Secondly, the return to primordialism will confirm in the minds of foreign adversaries that the US is, in fact, a Christian White supremacist imperialist state that seeks to impose its values on non-Whites and non-Christians at home and abroad.  That means that international conflict, in its “clash of civilisations’ mode, will continue unabated until such a time as the US abandons the politics of primordialism. Nothing indicates that will happen soon.

Then there is the final implication: united they will stand, or divided they will fall.

The r and the e: Lobby if you want ’em

I agree with DPF, that for the sake of historical correctness, Wellington’s Majoribanks Street should probably be changed to Marjoribanks, and Nairn Street should probably be changed to Nairne, since that’s how the names are properly spelt. This is precisely the argument I made with regard to Whanganui, and as DPF says it’s no different. But as is so often the case, the idiots of the KBR are reflexively shrieking “racism” because Wellington City Council aren’t recommending a change to the NZ Geographic Board.

The lack of a change is not racism: it’s that nobody seems to care. Whanganui Māori got their name change after decades of concerted and organised lobbying, public demonstration, private petition, backroom negotiation, research and campaigning on the topic. What would be racist is to expect that these changes in Wellington — trivial though they are — should go through as of right just because one historian thinks they should. The decision to change an entrenched name is and must remain a matter of civil society deliberation: those who favour the change lobby for it; those who oppose it lobby against it, both bring whatever evidence and principled arguments they can to the discourse, and those authorities empowered to decide the matter do so in accordance with appropriate legislation and customs. So, to those who want the names of Stewart Marjoribanks and Alexander Nairne properly recognised, I say: start lobbying!

L

Shameless Self-Promotion Alert.

For those who may be interested, I am interviewed on the TVNZ news analysis show fronted by Russell Brown, Media 7, tonight on the subject of wikileaks. Although only parts of the interview will be aired, Russell will put the entire conversation up on the Media 7 web site (or perhaps on Public Address). The discussants on tonight’s taping are Selwyn Manning from the independent news aggregator  Scoop and investigative reporter Jon Stephenson (who is the most knowledgeable Kiwi journalist when it comes to Afghanistan).  There is some serious brain power between them. Both are hard news gathers who eschew the official spin, both are very critical thinkers about issues of public policy, both have taken on both the government and mainstream media versions of important news, and both know how to string a few paragraphs together (which is more than can be said for many in the so-called journalism fraternity). In other words, the offer great value in terms of insight and analysis, which is what I believe was Russell’s hope when conceiving the show. Hence, I commend it to you if you are not already familiar with it.

Send for The Wolf

(Hoping, but without any confidence, that this will be my last post on the Carter debacle).

About six weeks ago Brian Edwards observed that Labour was its own worst enemy as far as the Chris Carter debacle went. As usual, he was dead right then, and that advice is still right now, with one rather chilling update: the incompetence which saw the parliamentary Labour party keep putting Carter and his misdeeds back on the media agenda at a time when they ought to have been making mileage at the government’s expense is shared by the wider party organisation. The Dom-Post this morning indicate some vagueness about Carter’s future status in the party, while two items on Morning Report (both audio) clearly indicate that Carter’s expulsion from the party on 7 August is far from assured, and that this debacle is likely to carry on well beyond that meeting.

For one thing, August 7 is already too late. Chris Carter, and by extension the Labour party’s rusted-on uselessness and venality, has now been a central topic of domestic political news for at least four of the past eight weeks, and has been utterly dominant throughout fully two of those weeks. A government can’t buy coverage like that, but Labour have packaged it up with a little red bow and delivered it to them post-paid. With the latest events, Carter’s expulsion from the party and a campaign to refocus the political media agenda on more substantive topics — like the mining backdown, 90-day bill, ACC reforms and National Standards — ought to have been undertaken with urgency. This need not rule out adherence to the principles of “natural justice” to which Andrew Little refers; these are compatible with a swift and decisive resolution in a healthy organisation with robust organisational structures, strong networks of competent people, and a shared commitment to the wellbeing of the party.

This is not really a matter of the public interest except inasmuch as Labour permits it to be. Labour needs a fixer, like Pulp Fiction‘s Winston Wolfe — an independent, dispassionate individual whose only interest is in resolving the issue quickly and quietly, and who has the mandate, ability and authority to get the damned job done. They needed to cauterise this wound back in June, and the need to do so now is all the more urgent. Further delay risks infection. That they have failed or refused to engage such a fixer shows an absence of nerve on the part of both the parliamentary and the organisational leadership and suggests that modern Labour is not, in fact, a healthy organisation with robust organisational structures, strong networks of competent people, and a shared commitment to the wellbeing of the party. And that is a matter of the public interest, because a strong opposition is fundamental to democracy and the health of the country.

Edit: I should add, if it’s not abundantly clear from the content of this post, that I disagree with Brian’s apparent endorsement (in his latest on the topic) of a “compassionate” response by Labour. While I have sympathy for Carter’s position, withstanding public and media criticism, however unjustified, without going off the deep end is a requirement of the job. In the words of a great (and recently returned!) former All Black captain: it’s not tiddlywinks. It may well be down to a choice between Carter’s wellbeing or that of the party, but Carter chose to throw himself upon the wheel, and whatever wounds he suffers as a consequence I consider to be self-inflicted.

L

Unions are to capitalism what opposition parties are to government.

In the debates about the proposed labour law reforms there appears to be fundamental misunderstanding or ignorance by National and ACT of the purpose of unions in capitalism. The latter are seen by NACT as at best a source of inefficiency and profit loss; at worst parasitic wealth destroyers. They appear to misunderstand that capitalism left to its own devices, with no collective counter-weight provided to workers, is akin to a political regime without opposition parties. That is, it is inherently an authoritarian status quo in which owners rule and workers obey. Thus, if we hold it self-evident that democracy is a better form of regime than dictatorship precisely because it allows for the existence of a freely organised competitive political opposition that can contest power and times compete for it, then we must also recognise that capitalism needs unions in order to be representative and fair to the society at large. The trade off between democracy and capitalism is exactly that: a diminished rate of exploitation in direct proportion to the measure of voice exercised by workers in pursuit of a fair share for all.

That is why unions were organised in the first place: to bring a subordinate group vehicle of voice and redress to the economic system. Whatever their very evident flaws (Leninist organisation, iron law of oligarchy bureaucratic rationales), unions provide a democratic counter-weight to unfettered capitalist exploitation. Just as it is preferable not to have a closed, unaccountable (or at least vertically unaccountable) oligarchical elite run the affairs of state, so too is it undesirable, from a democratic perspective, to have a closed, vertically unaccountable economic elite determine the social relations of production. If one believes in democratic capitalism, one must believe in a central partnership role for unions within it.

This is true whether labour-based or capitalist-oriented parties are in power, since in capitalist societies the material welfare of all is dependent on the investment decisions of capitalists. But capitalists need workers to realise their investment, and workers need to be productive for profits to occur. There is consequently a structural bias in favour of providing the working conditions and larger social context in which profitable production can occur over the long term. For that to happen workers need to accept the system as given, which is a function of them perceiving a partnership stake in it. That means a modicum of voice and representation. Democratic capitalists consequently understand the need to exchange super-exploitation and authoritarian control of the workplace for increased working class representation in both politics and production. In turn workers (and their political representatives) accept the capitalist foundations of society and the dominant role of capitalists within it (in other words, they forego a move towards socialism). This exchange is at the heart of democratic capitalism. Although negotiating the margins of the democratic capitalist social contract can occur depending on the nature of the government in power, “touching the essential” aspects of it is not.

Authoritarian capitalism offers many short term advantages to business, but it does not guarantee long term gains. Unmitigated authoritarian exploitation, be it in the workplace, politics or both, breeds resentment. Born of a lack of consent to the dominant system, resentment can be manifest in everything from petty acts of social defiance to industrial sabotage to revolution. Short term acquiescence may be bought with material rewards, but the long-term picture remains clouded so long as workers do not buy in to the system as given and instead resent their subordinate status in it. Absent mass consent and given the inevitability of working class resentment, the resort to the “weapons of the weak” negatively impinges on profit, if for no other reason then that the costs of repression grow larger the longer authoritarian control is maintained. After all, you cannot repress the same amount of people in the same measure over time.  Since capitalists abhor uncertainty and seek stable rates of secure return, a peaceful, consent based socio-economic and political order is preferable to an imposed one. That gives economic utility to democratic capitalism.

In fact, where democratic capitalist systems work best (hegemonically, as it were), many if not most workers strive to become capitalists themselves (small businesspersons, at a minimum). They see themselves on a continuum of upward mobility based on workplace fair play and merit. Socialism is not their preferred option. The proof is in the mythos: is this not the Kiwi, Ozzie and American dream?

Here is where NACTs reforms and the demands of the employer class says much about their true orientation. They claim belief in freedom of choice and the benefits of market competition as the great levelers of social ambition. If that were true, then they would welcome workers to freely organise without legal constraint or negative repercussion because true market competition and workers freedom of choice would improve overall economic (labour) market efficiency. After all, according to their own logic, the market works best when all have equality of opportunity, and it clears best when all actors enter into the market exchange exercising their full potential as free agents involved in the mutual supply and demand of goods and services. So if workers exercising their free choice want unions, then more the better from a market perspective. Why put constraints on that freedom?

Yet in practice NACT seeks to place constraints on working class collective choice and voice so as to better exercise owner/manager prerogatives in the workplace. They are, in other words, hypocrites who do not really believe in the power of the free market or closet authoritarians out of ignorance (unlikely) or by design. Or both. No amount of political spinning can disguise that fact.

What is more, NACT does not appear to comprehend, from a cynical perspective, that allowing for unionisation, including union workplace access, while reducing limitations on the right to strike and collectively bargain across economic sectors can actually serve very usefully as an alienation device in which workers are led to believe that they are real partners in production in a system in which the fruits (surplus value) of their labour are appropriated by others (in a variant of Lenin’s “democracy as capitalism’s best possible political shell” argument). Although unfettered collective action has the potential to open the door to worker challenges to control of production, the reality is that in democratic capitalism private ownership is reified from birth to grave and most workers live with the dream of being bourgeois in culture and consumption if not employment. So whether cynically or sincerely committed to workplace democracy, enlightened capitalists understand the long-term political utility of union representation in democratic society. NACT and its business supporters appear to be anything but enlightened.

As I mentioned in my previous post on the matter (“The Blues Go Black”), the proposed reforms owe their inspiration to the Pinochet Labour Code. The question is whether NACT have the same view of unions as Pinochet and “Pepe” Pinera did, and if so, why do they make any pretense as to being democratic? Could it be that what we are seeing in NZ is the first attempts to turn the economic bases of the democratic social contract into something akin to unchecked elite imposition under manipulated electoral conditions?

Of Leaks and Conspiracies.

Wikileaks has scored another major coup with its publication of more than 90,000 official and previously classified documents on the Afghan conflict. I am of two minds on its doing so. On the one hand I see it as a valuable instrument of accountability, both as instrument for holding the people directly responsible to account as well as a future deterrent to others who might engage in unlawful acts or cover-ups during wartime. On the other hand, publication of the document clearly jeopardises the national security of the US as well as the ISAF mission, and does so on several levels. The bottom line is that it gives the Taleban, al-Qaeda, Pakistani intelligence (the ISI) and other rogue states very valuable insight into US military operations and intelligence gathering efforts. Depending on where one stands in the ideological divide, that can be very good or very bad news. I believe that in this regard it is bad news.

In publishing this classified information Wikileaks has made itself an enemy of the state in the US. In the measure that it uncovers other state secrets, it could well become an international pariah, at least among the Western states that is its main focus. This is ironic. Although Wikileaks has complained about harassment from US security agencies, it has not (yet) suffered direct retribution for its actions. But imagine if it published extremely sensitive classified military documents from Russia, China, Iran, North Korea or even Israel. We can safely assume, given these country’s past records on breaches of  and threats to national security, that the Wikileaks community would have very good reason to fear for their lives. In fact, there may be two reasons why Wikileaks does not publish on these states: 1) the amount of secrecy in them is far superior to that of the US and other Western countries; 2) Wikileaks is afraid to do so for fear of mortal retaliation. Put another way, Wikileaks targets the US not only because of its concern about US military misdeeds, because it knows that it can get away with it due to the more benign nature of democratic regimes (to include the US) when it comes to confronting non-violent security threats.

That raises an item of note. Wikileaks is successful because it has people within the US and other Western security agencies leaking classified information to it. This is, of course, a crime, since public dissemination of classified information without official authorisation is outlawed in all states. For example, I am bound by an oath I signed in the 1990s to not divulge, release or comment directly on the classified issues that I worked on during my stint in the Pentagon, and after 25 years have passed must request permission from the agencies I worked with before attempting to do so. The penalities for breaching this contract are long federal prison terms. Similar laws bind people working in security agencies throughout the world. Thus any leak of classified material is by definition a crime against the state.

Yet in Western democracies people of conscience or feeling remorse regularly turn to the media as well as public watchdogs and government accountability agencies to reveal classified information that provides evidence of official wrong-doing. In fact, many consider it to be a public duty for them to do so. In addition, the size of security agencies often makes hermetic secrecy impossible. The US has 1.5 million people with top secret clearances. From my experience in the Pentagon and elsewhere, individuals often take home, either deliberately or (more often) inadvertently, classified work papers that are part of their normal desk load and which do not have the strict records controls of documents classified as Secret Compartmentalised Information (SCI) or higher. Between the two types of mishandling–deliberate leaks and misadvertent transfer–the US security apparatus is a huge porous sieve. The fact that a single US Army private provided the documentation (and video) on the Iraq helicopter assault on journalists and the Afghan war dossier proves just how far down the chain of command sensitive information flows. Imagine if it were a colonel or general who decided to pass along his secure file cabinet worth of documents! In fact, I am surprised that it was someone so far down the totem pole who managed to get so much information out of the system and into Wikileaks’ hands.

Which brings up the issue of purported US government conspiracies, those about 9/11 in particular. Unfortunately, due to some writing and public commentary I have made on 9/11, I have had to deal with conspiracy theorists who believe that it was an inside job, Zionist conspiracy, controlled demolition, rockets rather than planes involved, even holograms rather than the real thing. Some of these otherwise apparently sane people truly believe that the US government conspirators orchestrated the whole thing so as to launch the war on terrorism in a quest for complete global domination. Some even see a link between the JFK assassination, the fake moon walk and 9/11.

Well, I have two things to say to these folk. First, if the “9/11 as part of a drive towards global domination” scenario is true that those plans sure as heck are not working out too well. Second, in a context is which no secrets are safe, in which leaking has become an art form, is it really possible that the US government has been able to enforce one hundred percent secrecy at all levels of operation on the planning, execution and cover-up of the supposed inside job? Is it rational to think that not a single person involved in this monumental plot, which would have involved a cast of thousands, would not have come forward by this point with direct evidence of a conspiracy? Would Wikileaks not have received something along those lines by now?