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The Corporate Plutocracy and Mega Oligopolies are still plotting TPPA

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Rust never sleeps. Nor do the ideologues and corporate moguls who are desperate to conclude their interlocking raft of mega-deals against a turning tide. There are various ways to analyse this conflict and the dynamics are constantly shifting. The following reflections follow talks with people in Europe over the past two weeks, specifically on the international economic agreements and the reorganisation of global capital. They are tentative. Comments are welcome.

Politically, the champions of neoliberal globalisation are under siege, not always in ways we would welcome.  This is evident in the US presidential contest, the vote for Brexit and the re-election of Jeremy Corban as Labour leader, but also in the rise of racism and fascism in other parts of Europe, including in the imminent Austrian re-election, and the support for Donald Trump.

In this context the TPPA, TTIP, CETA and TiSA, as well as the European Union’s deep integration agreement, are all threatened. The leaders of crucial EU member states, especially Germany, know that following their ideological inclinations and moving to conclude TTIP would be political suicide. Germany and France have effectively declared the TTIP dead, at least for now. Attention is shifting to the CETA (Canada-EU Comprehensive and Economic Trade Agreement), which was presented to Europeans as more palatable but is now being challenged as equally toxic, especially when so many big ‘Canadian’ companies are US subsidiaries.

The political threats to the TPPA have also taken new and unexpected turns. Vietnam will not now put the agreement up for legislative approval until after the US election. It requires huge changes on intellectual property and the constitutional status of the trade union at a time when key leaders have changed and Vietnam seems to be rehabilitating its relationship to China. In Australia, the post-election Senate where the government lacks a majority has called for a hearing on the TPPA. That means a vote will also be delayed until after the US election. New scandals over rice threaten to affect the political process in Japan.

These delays, and political uncertainties in other countries (except NZ) will make the US Congress even more reluctant to OK the deal because the administration can’t guarantee what other countries will do. Our friends in Washington say the Obama administration is desperate to shore up the missing votes. Intense lobbying and offers of sweetheart deals already underway will intensify after the presidential election, as Obama pulls out all the stops to push the deal through in the lame duck period between administrations.

Rewriting the monopoly term for biologics medicines, without writing the actual text, remains the top priority. The current text says 8 years or five plus some procedures, which may or may not equal 8 years. Big Pharma’s political allies, one a key member of Congress, are insisting on 12 years. New Zealand’s ambassador to the US Tim Groser and Prime Minister John Key have been working overtime to reassure the US government that we are with them. Groser has twice given a reassurance that New Zealand’s legal regime on biologics in practice it provides 21 years of monopoly protection, which is not true. Key has been parroting Obama’s tagline that without the TPPA, China will make the global rules. Clearly, short term pragmatism to strengthen Obama’s arm has priority over accuracy or strategic considerations of our dependence on China.

Faced with these uncertainties around TPPA and TTIP, the architects and negotiators of these deals are playing a shell game, shunting the same texts around the agreements in an attempt to achieve their goals in one way or another. The main focus now is the Trade in Services Agreement (TiSA) negotiations, with next texts posted on wikileaks and Greenpeace Netherlands websites over the past two weeks. There is pressure to conclude the agreement by the end of the year, especially because no-one can predict what happens under the next US administration. That will only happen if they strip it down to the bare essentials, and probably not even then. The biggest issue for Europe of ensuring protection of privacy for data is far from settled internally, let along in negotiations with the other parties. I will write more about the TiSA in another blog.

The TPPA, TTIP, CETA and TiSA are all Anglo-centred deals. Focusing solely on the troubles they are facing can obscure other equally important dynamics. Neoliberalism is resurgent in Argentina and post-coup Brazil. There is a real prospect that most of Latin America, which has been a thorn in the side over the past two decades, will become a vanguard and vehicle for the elites once again. There is talk that the neoliberal governments of Brazil and Argentina with seek to join the TPPA and the TiSA. Argentina also likely to host the next WTO ministerial meeting at which rich countries will push to get the ‘new issues’ of e-commerce, investment and SOEs on the agenda and shed the development rhetoric of the failed Doha round.

Their participation would provide new impetus and credibility to the troubled deals, but probably only after the negotiations are over to ensure they don’t slow down the process.

However, the price of accession for each country would impose a huge economic and political cost and make the deals another site of political struggle between left and right.

More broadly, the dynamics of the ‘new Cold War’, symbolised by the anti-China rhetoric in the US, are also shifting. The competing blocs of Anglo-Americans and BRICs both face economic stagnation and potentially infectious crises, especially if China’s debt wall collapses. While parts of the Arab world are being destroyed, the Gulf States are consolidating their economic and strategic influence through their own negotiations, for instance with the EU, that are intended to strengthen their growing influence over global supply chains.

That brings me to my final point, which became very clear to me as I talked with people in London and Brussels on a project for the International Transport Federation and UniGlobal on the implications for their members of the TiSA. The current rapid reorganisation of capital that is driven by digital technologies is moving at a frenetic pace. Some now refer to it as the 4th industrial revolution – I’m still undecided about the term and how it relates to financialised capitalism. This new phase of capitalism cannot tolerate differential systems of national regulation, especially that seek to balance competing interests and values (externalities) and empower their citizens.

There is no doubt that mega-corporations now see these agreements as a means to bind countries to adopt or maintain rules that concentrate control of global supply chains in hands of the major oligopolies. That is reflected in the new chapters on e-commerce, rules against data localisation, unshackling of logistics chains, and other highly technical issues. As we understand this agenda more clearly, and its relationship to shifting geopolitics, we will face a real challenge to link resistance to the existing political movements that have been built over recent years.

 

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TDB Top 5 International Stories: Wednesday 28th September 2016

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5: Syrian troops launch major ground assault for Aleppo

Syrian forces launched a major ground offensive on a rebel-held district of Aleppo, the biggest assault yet in a new campaign aimed at wiping out rebel forces and retaking a city that’s key to ending the five-year war.

Syrian state TV said on Tuesday that troops captured Farafra district, near Aleppo’s famous citadel, and fighting was under way near the historic core of the northern city.

A military official told AFP news agency that government forces “retook control of all of the Farafra district” and were now “demining the area”.

Aljazeera

 

4: Beyond Sniffles and Sexism, What the Hell Was the Debate About?

THE FIRST PRESIDENTIAL debate was a head-scratcher, raising profound questions like: What is that man doing there? Why is no one telling him to shut up? What is he talking about? And why is he sniffling?

In the few brief moments in which a scowling Donald Trump was not engaged in free association about himself, not interrupting Hillary Clinton, and not sniffling, a few matters of substance emerged. That’s what The Intercept staff mostly focused on during our live-blogging of the event. We went beyond fact-checking the event to add some much-needed context.

There was some unexpected news: Trump endorsed a no-first-use policy on nuclear weapons, something neither Clinton nor President Obama are willing to do.

Our reviews of the moderator, Lester Holt, were profoundly negative, especially about his refusal to control Trump and his decision not to ask the most important questions.

The Intercept

3: Greenland’s receding icecap to expose top-secret US nuclear project

A top-secret US military project from the cold war and the toxic waste it conceals, which had been thought buried forever beneath the Greenland icecap, are likely to be uncovered by rising temperatures within decades, scientists have said.

The US army engineering corps excavated Camp Century in 1959 around 200km (124 miles) from the coast of Greenland, which was then a county of Denmark.

Powered, remarkably, by the world’s first mobile nuclear generator and known as “the city under the ice”, the camp’s three-kilometre network of tunnels, eight metres beneath the ice, housed laboratories, a shop, a hospital, a cinema, a chapel and accommodation for as many as 200 soldiers.

The  Guardian 

 

2: Loneliness Survey Finds Australians Are Very, Very Lonely

If you’re feeling lonely, you’re… er, not alone. Released Tuesday, Lifeline’s cheerfully-named “Loneliness Survey” has revealed Australians’ feelings of social isolation are increasing over time.

According to the findings, 60 percent of Australians often feel lonely. They also feel more lonely than ever before, and expect things to get worse—of the 3100 people who responded, 82.5 percent felt loneliness was on the rise in society. A large number of the survey’s online participants lived with a partner or other family member, but still reported feeling isolated.

These social problems aren’t confined to Australia. Researchers at Harvard University have found that loneliness can be as dangerous to one’s health as smoking, and it is estimated that around one in five Americans suffer from chronic loneliness.
Lifeline’s CEO Pete Shmigel linked the survey’s findings to internet use, social media, and screen time. About a third of respondents said they felt lonely when using computers and social media.

Vice News

 

1: Outside First Presidential Debate, 24 Arrested at Protests & Jill Stein Escorted Away by Police

Hundreds of people protested outside the debate at Hofstra University on Monday to demand the presidential debates be opened up to third-party candidates. At least 24 people were arrested. Green Party presidential nominee Dr. Jill Stein was escorted off campus by Hofstra security and Nassau County police, despite the fact that she was invited on site by MSNBC, ABC, Fox and CBS for interviews. Democracy Now! was there at Hofstra and brings you this exclusive report.

Democracy Now!

 

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The Daily Blog Open Mic – Wednesday 28th September 2016

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Announce protest actions, general chit chat or give your opinion on issues we haven’t covered for the day.

Moderation rules are more lenient for this section, but try and play nicely.

 

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Tasers Deployed at a Peaceful Protest by International Students

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The international Indian students facing unfair deportations in New Zealand continue their fight for justice as they protest for the second time in 3 weeks.

The protest was held on Monday outside a public meeting presented by the Finance Minister Bill English and National List MP Dr Parmjeet Parmar at Lynfield Community Church, Lynfield, Auckland.

The reason for this protest was simply for the students to reach out to the New Zealand government through Mr Bill English in their plea for justice. It is to be noted that the Minister of Immigration has now completely refused to meet the students and the committee (representatives from The Catholic Church in NZ, The Anglican Church in NZ, Barrister Rodney Harrison QC, Secretary of NZ Council of Trade Unions) supporting them.

A peaceful protest by some 60-80 people outside a public meeting in support of vulnerable migrant students has been such a threat to New Zealand’s security that the police officers present had to be deployed with Tasers.

Rachel Mackintosh, Vice-President of the Council of Trade Unions, made herself known to the police sergeant who appeared to be the senior officer present. He declined to confirm whether he was in charge or to tell her his name but he did show his number. Rachel expressed concern at the presence of Tasers at a peaceful protest and asked him to explain why the police had Tasers.

The police officer’s response was along the lines of, “I don’t care, not my problem, it’s your problem”. He invited her to make a complaint. This type of response is not only unacceptable but also raises questions about why the police was present and who were they protecting. A formal complaint will be made.

The words ‘public meeting’ generally have an openness about them and very democratic and pro-people connotations attached to them. How public was National’s public meeting also demands some attention. As the Church hall partially filled up, the doors were locked from the inside for this public meeting with a row of police officers blocking the already locked doors.

Entry of public to this public meeting was carefully and selectively controlled to the extent that a media person covering the meeting from inside the Church Hall had to step out to get some equipment from their car was not allowed to re-enter to complete the coverage.

The protest lasted about 2 hours during which time the protestors remained peaceful and non-violent.

Migrant Workers Association (MWA) is deeply alarmed by the police breaking their own protocol regarding deployment of Taser weapons on democratic political demonstrations.

MWA raises concerns about this government’s activities taking place under the guise of public meetings.

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The Debate: Oh God no, Trump won

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I think Donald Trump is a narcissistic buffoon who has been elected as the Republican Nominee by angry white Nascar Dads who want him as a wrecking ball to smash the cultural, political and economic elites who have supposedly caused their perceived loss of privilege.

When you are so used to being the winner, equality feels like discrimination.

Voting for Trump is like voting for Brexit. A mad final strike that levels everyone to the level of hurt you are holding onto.

For the entirety of the campaign, Hillary has delighted in highlighting the grossly offensive racist and sexist trash that has given him his Nascar Dad cred. The phenomenal number of viewers tuning in were expecting a fanged monster who spits acid between devouring babies.

Trump didn’t do that in the debate. Horrifically he pulled everything back to create the gravitas that Independents and Republican’s need.

He did that.

Damn him to hell.

But he did that.

Don’t think the Republicans aren’t incredibly clever.

On Twitter and Facebook, we all laughed at the shallow nature of his points and the obvious depth of Hillary’s and scream ‘what debate were you watching’.

Grimly, the same debate, but looking at it through the eyes of those who are open to influence and Trump’s toned down reasonableness would have surprised those voters.

Now, obviously this maniac is a narcissistic buffoon, but the Republican’s have cleverly polished him and he surprised the viewers, and that’s not what should have happened.

Hillary should have wiped the floor with him. She didn’t.

Trump ended up agreeing with Hillary on many things which I think is an attempt to bait Bernie NeverHillary’s.

Trump consolidated the Republican base and just edged closer to being the President.

 

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AUSA statement on candidate fight

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AUSA regrets the incident that occurred at the end of the Anti-Debate. This unnecessary conflict between two candidates marred an otherwise enjoyable and informative debate in which a wide range of mayoral contenders were given a platform to have their views heard. AUSA encourages peaceful and democratic resolution of all issues, and appeals to mayoral candidates to maintain a standard of behaviour expected of the Mayoralty.

Unfortunately, one of the candidates present chose to waste the opportunity given to him and attend the debate in a highly offensive costume. AUSA is fundamentally opposed to racism and bigotry in all its forms. We are sure that Aucklanders will see this and be able to exercise their best judgement in choosing which mayoral candidate will earn their votes.

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Social Security Legislation Rewrite Bill – Carmel Sepuloni

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Labour supported the need for a rewrite of the Social Security Act. We accepted that some clarity, consistency and modernity was required, but the first version we were presented with was difficult to support.  In good faith we still voted in favour of it at first reading with the hope that some of the negative aspects could be dealt to during the select committee process and some more positive changes might be accepted. That was overly optimistic.  

From the get go, the process for considering the Social Security Legislation Rewrite Bill was flawed.  This is a serious piece of legislation which is 454 pages long and therefore we expected that the maximum time available should have been given to the public to consider the detail and offer feedback.  Instead the report back time was condensed to 4 months instead of the standard 6 months. I attempted to extend the deadline in the house to no avail.

And then of course the Government had touted this as a ‘policy neutral’ rewrite. Far from it. Of primary concern was the writing into law of the ‘social investment’ approach in the principles of the Act. The investment approach that this Government claims to have taken hasn’t resulted in any additional investment, let alone any improvement in the lives of the people who are impacted by MSD policies.

There were other changes we have opposed and those include:

  • The Emergency Benefit has been changed to the ‘Exceptional Circumstances benefit’. Now work preparation, part-time of full-time work obligations and sanctions can be applied at the discretion of MSD. However we feel that the application of obligations and sanctions are inappropriate for this benefit as emergency or exceptional circumstances are by definition unexpected and urgent. Additionally, the primary demographic of this financial assistance are over 65 years old, and do not qualify for NZ Superannuation due to their residency status.
  • Originally the government had intended on removing the need for ‘good cause’ when redirecting benefit payments.  This was opposed by submitters and by us.  In the end the decision was made to keep in the ‘good cause’ provision. Ridiculous that this was even something to be considered.
  • This bill allows both parents in split custody care situations to be eligible for Sole Parent Support, yet those in shared parenting arrangements cannot access this benefit.  Our concern is that this provision could place parents under financial pressure to separate children as this would be financially advantageous to the family.

As this bill was not the policy neutral rewrite that was proposed and the Government had taken the opportunity to make significant changes, we (Labour) have also suggested further changes. I wanted to have these changes drafted and ready to be tabled at the select committee when we deliberated over the bill.  Now these recommended changes have been drafted into SOP’s (amendments to the bill) and they will be voted on during the committee stages.  All of them have passed through the Labour caucus with full support.  

Many of the amendments are based on the submissions that were made, so for that, I acknowledge all of the submitters to this bill.  The amendments are as follows:

  • Remove the sanctioning of sole parents who don’t identify the other parent of their child. Under the current Act, as well as in this rewrite, a sole parent beneficiary who is unable/ unwilling to identify the other parent of their child will have a $22-$28 sanction imposed per week. This policy is currently affecting 17.7% of working age sole parent beneficiaries, and 17,000 children. This is a discriminatory law that fails to ensure child support, and instead negatively impacts children in hardship. AAAP has done great work in bringing this issue to light.
  • Overhaul the principles of the Act. Overall there was significant discontent with the added investment approach-based principle in this bill. There were strong arguments from groups such as the Disabled Persons Assembly around the very ethos of this principle. They felt the use of the word “dependency” carried “a sense of judgement and appear[ed] stigmatising”. This can be particularly detrimental to those who may aspire to work but are physically or mentally unable to, either temporarily or permanently. Key stakeholders in the social sector, both in prior meetings and through written and oral submissions, have continually argued for the overhaul of all of the principles.
  • Allow a person who is unable to work on a temporary basis as certified by a medical practitioner to be eligible for the Supported Living Payment. Figures released by MSD from December 2015 showed that 55,257 working-age individuals were receiving the Job Seeker Support with a health condition or disability deferral. Of the total figures of individuals receiving Job Seeker Support for this same period (122,927), 44.95% were considered unable to pursue full-time employment. Anecdotal evidence indicates that the Job Seeker Benefit is an inappropriate means of financial support due to the accompanying administrative requirements and obligations.
  • Change the definition of suitable employment so it is in accordance with ILO Convention 44.
  • Enforce a requirement that MSD must provide a breakdown of how a client has accumulated a debt.
  • Ensuring individuals who are unemployed to pursue employment-related training are able to access financial support.
  • Removing hardened obligations for beneficiaries with additional children, which enforces a primary obligation to paid employment over caregiving.
  • Initiate a requirement for there to be consistent and independent monitoring and evaluating of the implementation this bill and all related legislation
  • Ensure all potential or current Work and Income clients are informed of all their entitlements
  • Ensure communication methods are appropriate for all Work and Income clients
  • Simplify benefit levels by removing the differing scale for those under 25 years old
  • Extending the exceptional circumstances benefit to also include civil emergencies. This would enable citizens to be better equipped and under less immediate financial pressure during and after a state of emergency.
  • Provide definitions of education related matters in the Act (core checks and registered schools), rather than leaving them to be determined in regulations
  • Increasing the abatement rate to promote the take-up of varied employment, including part-time and casual. This acknowledges that non-standard work can be an effective means of transitioning from unemployment into full employment, and prevents individuals being financially deterred from working.

What we now need is for people to contact their MPs – particularly those from the minor parties- asking for them to support all or some of these changes, so we can take this opportunity to improve the Social Security Act.

 

Carmel Sepuloni is a Labour Party MP

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Wellington Activist Sam Gribben says ‘Vote Chloe Swarbrick’

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Phil Goff will almost certainly be elected Mayor of Auckland next month. That’s a good thing. Although an independent, we’ve known him as a Labourite for decades and fits comfortably in preconceived notions of electability.

His main opponent, Vic Crone, looked a contender. From Aotearoa’s business community’s favourite success story Xero, she could have played to her strengths as a political newcomer. With support and funding from traditional Auckland National Party people, a real battle was looming.

But she just hasn’t been good enough, lacking the confidence, charm, coolness and intelligence that people might call the ‘X-factor’. You need that to beat an establishment politician.

So it’s in the bag for Goff. And the whole thing could have been as boring as that. Until Chloe Swarbrick came along.

Swarbrick’s campaign has been the most exciting thing to happen in local body politics for as long as I’ve been paying attention. She’s young, she’s slick, she’s deeply connected to Auckland culture. And she is not a politician.

Politicians might go on BFM to appeal to student voters – but Swarbrick is the interviewer. Politicians might wear a shirt from a local fashion company to appeal to young people – but Swarbrick started the label. Politicians might be invited to the opening of an art exhibition – but Swarbrick organised the event.

This authenticity would be enough to catch our attention. But of course, policy is pretty important as well. Swarbrick’s policy is forward-thinking and progressive.

She’s the only candidate polling over 5% that says she wants house prices to drop in Auckland. No careful politicking about slowly reducing the rate at which they are rising. She’s not Goff, with a lifestyle block on the edge of Auckland, and she’s not Crone, whose experience with the housing crisis is that a friend of hers has to stay in her beach house (she said that, I shit you not).

Swarbrick is actually living the Auckland housing crisis. She wants to buy a modest studio apartment in Auckland City, and at the moment that’s not possible. It’s a lot easier to trust someone to fix housing affordability when they aren’t going to lose out financially from any fall in house prices.

She’s a real supporter of the Living Wage Movement. While many mayoral candidates have committed in principle to the Living Wage at Auckland Council, she has gone a step further by committing to making the Living Wage a condition of the cleaning contract when it comes up for tender next year. Goff has pledged to support a Living Wage for Council staff but says contractors are for Phase 2, maybe.

Generation Zero have given her an A- grade for her environmental credentials, the highest scorer (tied with Goff – good for him, good for Auckland). Green issues are obviously hugely important for local elections. As councils are the key players in transport, urban development, parks, rubbish, recycling, and so on, a candidate’s position on these issues should be one of the biggest factors in deciding your vote.

So Swarbrick gets a big tick on the issues of the day. But what has turned me from a comfortable Goff supporter to a passionate Swarbrick cheerleader is her mission: to increase engagement in local politics. For her, this doesn’t just mean getting existing voters to like her.  It means making politics relevant to those who feel left out of the system – not just the young, but all the disenfranchised and disenchanted, as she puts it.

It’s the kind of rhetoric I like and we need. She talks about changing the system – how refreshing is that! For this reason, her perceived lack of experience doesn’t need to be a hindrance. She’s not campaigning to be the mayor-ist Mayor of Auckland. She wants to oversee comprehensive change to the whole Machine.

The experience of Goff and Crone in central government and big business respectively would see them elected with entrenched understandings about how things currently work, and decades of assumptions about both what is possible and what is desirable. A mayor without any of this baggage would be invigorating. And it’s not as if Swarbrick would be elected and suddenly the fate of Auckland would rest entirely on her shoulders. The Mayor of Auckland has a huge budget for a big team. Maybe she could appoint Goff as an advisor.

That said, you can’t help but be impressed by just how extremely knowledgeable she already is about even the most mundane details about the bureaucracy of the Super City. She certainly out-performs all candidates other than Goff on this front, as she has demonstrated at any debate she’s invited to. The words of Goff himself are relevant here:

“I think the other candidate that I most admire is a young woman called Chloe Swarbrick. She’s 22 years old. She’s very articulate. She’s a very pleasant person. I think we probably share a lot of the same ideas,” he says.

“I hope that she hangs about and she continues to put her talent into politics. If I hadn’t have voted for myself I think Chloe would have been the one.” 

When the bloke who will be mayor thinks Swarbrick is worth voting for, those who reject her for reasons like age and experience look a bit silly.

While Swarbrick is absolutely right to be talking up her chances of actually winning (confidence is key in being taken seriously), it’s safe to say that outcome is extremely unlikely. But a strong showing for Swarbrick sends some important messages.

One is that you don’t need a big budget, 20th century hoardings, political party tickets or a pre-existing public profile to be a top candidate. Having only spent just over $5,000, making full use of social media, and using policy and messaging that wins interest from blog sites, commentators and opinion shapers, Swarbrick’s approach is a shining example of what grassroots and tech savvy folk imagine political campaigning in a digital age could and should look like.

That the Herald barely mentioned her but profiled candidates polling lower than her in their recent local body feature is a testament to this. The old media rejected her until they realised they were behind the 8-ball on the most interesting thing happening in this election. Of course, their coverage has mainly consisted of ‘She’s 22, how novel’. The real conversations are happening outside of mainstream media control.

Another message is that our generation (and people with similar values), who have been put in the too-hard basket by mainstream politics, are in fact voters. We just needed someone to speak to us directly and make it clear they are there to represent us.  We haven’t really seen this in Aotearoa politics since the early days of the Greens.

When Swarbrick is asked what success looks like her this election, she stays on message – she’s in this to be Mayor of Auckland. Just like Bernie Sanders refusing to concede until the final votes were being cast at the Democratic National Convention, Swarbrick keeping her eye on the prize despite the realism (or perhaps defeatism) of political conversation is what keeps her momentum building.

And just like with Sanders, success doesn’t have to only mean winning the election. She is motivating a new constituency to pay attention. She has challenged all sorts of assumptions about the way we can and should do politics. Her bid has already been worthwhile when I see friends who wouldn’t usually engage even in the general election liking and sharing her posts on Facebook.

No one will ever again say that a self-described socialist can’t be a real contender for President of the United States. With a decent chunk of the vote going Swarbrick’s way, perhaps soon no one will be able to say that a young independent with next to no campaign funds can have a real impact on politics.

Vote Chloe Swarbrick: the best candidate, the front-runner’s choice, the breath of fresh air. If it means Goff is elected with a margin in the 10s rather than the 20s, so be it.

 

Sam Gribben 

I’m a Wellington-based activist and unionist. My political awakening happened as a 16-year-old involved in the campaign against youth rates, where I learnt that it only takes a bit of strategic organising and a good loud campaign to change the country and maybe the world. I reckon the biggest obstacle standing between Aotearoa and a progressive utopia is the left’s difficulty with being nice to our allies. My favourite word is community. Favourite quote: You’re either helping to put on the Muppet Show, or you’re one of the old guys in the balcony insulting it.

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Why National Is Really Looking To Sanctify Illegal Imprisonment And Deny Compensation

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One of the fundamental instincts of the political conservative is to Punish. To ‘Protect’. To levy the superior powers of the state as a mechanism with which to push ‘down and out’ against perceived ‘undesirables’ who may be living in our society’s midst.

In ages past, the demographic targets for this form of umbrage have been many and multifarious. These days, it’s no longer polite nor acceptable to go after some of them (although beneficiaries and the working poor appear to remain popular objects of scorn in some circles).

But one of the groups which apparently remains absolutely A-OK for right-wing opinion leaders to come down on like a tonne of bricks in pursuit of positive returns at the polls … is criminals.

I guess it’s not hard to see why. Criminals – and those convicted of crimes serious enough to warrant a term of imprisonment in particular – are generally regarded as harming others. As having forfeited some measure of their intrinsic human worth and dignity by transgressing upon the civic norms to which each and all of the rest of us nominally subscribe. They are, quite literally in the popular imagination, the angry threatening figure out there in the dark of the night. The drunk whose aggressive attentions we flailingly attempt to recoil from when we see them coming towards us. An inexorable drain upon the public purse through both the willful damage they cause, and the expensive efforts which We, The People must undertake in order to find, apprehend, vigorously prosecute and punish them.

At least, in the frenetic Conservative’s irritation-fuelled imagination. In real life, some criminals are exactly as monstrous as that outlined above … and others, well, aren’t. Cannabis-smokers and small-time drug-dealers are probably a pretty good example of these only semi-reprehensible reprobates. Their behavior isn’t intrinsically objectionable, and I’m even aware of a recent case in New Zealand law in which a Judge referred to the latter as being a quite literally “victimless crime”.

But regardless of how you feel about crime, criminals or politicians … it is inarguable that there is strong necessity for there to be both strictures and restraints upon the coercive powers of the state. Where there is no legal basis to lock somebody up, they should not be allowed to be locked up. Where the state has considerably erred in its usage of powers to condemn, indemnify and incarcerate, there ought to be tangible action to put things ‘back into balance’ – often in the form of restitution. And where the state has been caught out red-handed in wrongfully imprisoning somebody or otherwise doing injurious harm to their person or reputation (for such, a term of incarceration almost assuredly is) … then it really should think VERY long and hard before considering the utter affront to the Rule of Law implicit in casting retroactive legislation to post-facto legalize its previously wrongful conduct.

Given that all of this is the ‘right thing to do’, it should probably come as absolutely no surprise to just about anyone that Judith Collins – the Corrections Minister who memorably once suggested prison-rape as an active deterrence to future offending – appears to want to do just about all the opposite.

As many are now aware, a recent New Zealand Supreme Court decision has clarified that we’ve been illegally keeping New Zealanders – potentially somewhere up above five hundred of us – behind bars illegally. The Government, caught somewhat flat-footed by the court’s judgement, appears to be moving to block compensation for those wrongfully imprisoned – and, potentially more worryingly, change the law to retroactively keep people in prison.

This is wrong. This is so obviously wrong that we could dress it up in a rosette and run it as an ACT Party candidate.

But what’s behind it? It’s exceedingly tempting to just and simply characterize the Nats – and the insouciant Collins in particular – as a nasty pack of work, out to derive some considerable pleasure from ruining and coralling the lives of others. Yet there’s almost certainly more going on here. 

We’ve seen this sort of behavior before – frequently enough, in fact, to start drawing out a bit of a pattern. 

Remember when David Bain was released? Then, compensation was mooted. A report was ordered into the subject in order to ascertain whether this was appropriate. In the view of the expert member of the Canadian judiciary whom the government had headhunted in order to produce the judgement, it was. While Bain hadn’t proven his innocence – he HAD produced sufficient ‘reasonable doubt’ over his conviction to effectively remove his guilt. The state, therefore, had had no basis for keeping him locked up – and owed him some measure of compensation for putting his life into cryo-sleep in the interim behind bars. 

Judith Collins disagreed. And after excoriating the Judge responsible for this fair and accurate determination (allegedly after wasting yet more taxpayers’ money to fly him over here from Egypt in order to give him a verbal dressing down personally), a new report was ordered by another luminal figure of the legal fraternity with the specific objective of producing a settlement – and a dollar figure – vastly more amenable to the Crown’s (by which I mean the Government’s) political interests. 

And that’s why David Bain is, today, walking home with zero compensation for his time spent behind bars (albeit with several hundred thousand dollars recompense for his legal fees). 

A regrettably similar pattern played out with Teina Pora’s bid for compensation. In this instance, there was no doubt. Pora had been found innocent, and was entitled to compensation. But there WAS some measure of quibbling to be had as to the precise level of coin which he got. Due to accident or malignancy, the relevant legal provisions did not allow for an incorporation of inflation into the dollar amount Mr Pora was entitled to. He therefore wound up somewhere in the area of $1.5 million dollars short. A not inconsiderable amount of money. 

Various politicians, commentators and activisty-types pressed for the Government to use its discretion, and go beyond the strict letter of the law in order to make full restitution to a man who’d been so considerably wronged by the system. 

Those pleas fell on deaf ears; and I can’t help but find myself wondering whether, if it were a matter for completely open Governmental discretion, whether Pora would have found himself given any compensation whatsoever at all.

All things considered, the Government’s attitudes towards both criminals – and, more worryingly, those who were illegally locked up alongside them – appears to be categorically and comprehensively mean-spirited. 

This should come as no surprise. In an age wherein National are fairly desperate to direct attention away from their chronic under-funding of the police, and the rising tide of crime which accompanies seriously flawed economic mismanagement … how better to placate the baying mob of its corner of the electorate, than by being seen to kick downwards against nominal ‘criminals’. 

There is always a ‘fiscal argument’ raised in cases such as these against compensation being paid. This is wrong-headed. Justice for the citizen ought trump petty economic considerations where possible – and, in any case, the disincentive for the state of having to pay out when it wrongfully imprisons somebody is a useful tool. Besides, considering this is the same group of politicians who felt quite comfortable wasting twenty six million dollars on a flag-change referendum nobody wanted, it’s not like they’re exactly concerned with being model bastions of economic frugality elsewhere, anyway. 

Thus, I maintain that these economic ‘justifications’ against compensation are merely a front. The Government is concerned with how it would look to some of its hard-on-law-and-order supporters if it were seen to make rightful restitution to victims of the justice system’s ongoing legislative incompetence. 

I’m also not entirely sure that the public safety justifications raised by Collins in response to this issue are any more factually viable. Preventative detention is, indeed, a sentence we mete out to some of the worst offenders – serial and compulsive sex offenders and the like. It thus does have some precedent. But that is not what we are talking about here. Instead, Collins appears to be suggesting that locking up offenders – illegally – for longer will lead to a reduction in crime (provided, one supposes, that the crime is not committed behind bars – a possibility she also acknowledges). 

It’s a pretty worrying stance for a politician to take – justifying illegitimate incarcerations in the nebulous pursuit of public safety. And a more than somewhat questionable one in practice. The longer one spends in prison, the greater the risk of an inmate being scarred and socialized – brutalized – towards an enduring life of crime. 

But, of course, National doesn’t care about that. 

Instead, they’re only concerned with the “optics” of the situation – and there, for an uncomfortably large share of their voters, “cheapness” and “meanness” as applies criminal justice policy and the rights of those incarcerated, must apparently win out every time. 

It is a scary thing indeed to be rendered subject to the coercive power of the state. It is even scarier to be held so wrongfully. And, on top of this, to see one’s rights and restitution treated as political footballs to be kicked out of play rather than meaningful concerns to be properly examined and taken seriously. 

So frankly, to put it bluntly, it’s absolutely terrifying that National are gearing up to legitimate all of those things through retroactively protecting wrongful imprisonment, and denying those affected compensation. 

We deserve better. 

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Ummm, well a physical fight broke out between candidates on the floor of the debate and Chloe Swarbrick had to step in to break it up

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After an hour of calm debate where those candidates the mainstream media ignore had an opportunity to explain their vision to University students, a physical altercation erupted between candidates Alezix Heneti  and David Hay which Chloe Swarbrick had to jump in between to break it up…

The entire debate will be posted up today.

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GUEST BLOG: Jeremy Roundill – Spencer Family Mansion – a History of rich pricks

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On the weekend, the New Zealand Herald ran a story about a mansion which is to be built in Stanley Point on the North Shore. The Devonport section is so big it covers 16 separate street addresses. With the current housing crisis in Auckland, it’s shocking that such a large property so close to the city is to be home to a single family. Or at least it would be shocking if this family didn’t have such a long and outrageous history.

The mansion is being built for Martin (Berridge) Spencer, on land the Spencers have owned for a while now. Berridge is the 4th generation inheritant of the Spencer family fortune, generated in 1890 when his great-grandfather Albert Spencer built the Caxton Printing Office in Auckland.

The Caxton Printing Office was founded with a Mr. Probert, who was bought out of his share in the business by Spencer five years later. It was eventually inherited by Albert Spencer’s son, Berridge Spencer Sr., who expanded the business following World War I, eventually establishing a monopoly on a wide array of paper-based household products. This was inherited in 1981 by his son, John Spencer (Berridge Jr.’s father), who sold it off 7 years later to Carter Holt Harvey for a tidy $300M. John Spencer’s wealth was estimated during the mid ’80s at around $675M, making him New Zealand’s richest man at the time.

Land owned by John Spencer on Waiheke island contains the Stony Batter Historic Reserve, a Category 1 Historic Place with a series of gun emplacements from World War II. Apparently annoyed with the public’s interest in our shared history, he launched a legal battle and eventually dumped a load of dirt to block a public road in an attempt to keep the rest of us out. After almost two decades of protest and legal battles with a $1.5M cost to Auckland ratepayers, the legal battle made it to the Privy Council, where Spencer lost.

Apparently unhappy with only costing the communities around him money, John Spencer along with his son Berridge, decided to try their hand at tax evasion. For 14 years they were, together, majority shareholders in TrustNet, a company specialising in setting up maze-like company structures to facilitate tax evasion. They both placed money in companies set up to hide their true locations and owners, ostensibly to evade tax themselves.

Having cost Aucklanders millions, and skimped on their own contribution to society by way of tax evasion, The Data Centre, owned and directed by Berridge Spencer installed a motion-activated sprinkler outside their premises. This has been at the entrance to The Data Centre, next door to the Starbucks on Queen St for over a year now, and is still visible and working. The sprinklers are an absolute disgrace, from a family who refuses to fund the social services we rely on to ensure people aren’t forced to sleep in Queen St doorways to begin with.

New Zealand hasn’t got as long a tradition of landed gentry as countries like Britain, but the Spencers certainly act with the impunity of English lords. The Spencers refuse to pay their fair share, and have no qualms about pissing on those who suffer as a result. That they’ve decided to build a mansion on a section, the likes of which the rest of us could never even dream, is just another slap in the face from our horrible, burgeoning upper class.

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The Daily Blog Monthly drinks @ IKA, 6pm tonight

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Kia ora Comrades, it’s Daily Blog monthly drinks time. If you are a reader of the site, come along for a drink and nibbles and talk long into the night with our bloggers  about politics and gossip.

More gossip than politics actually.

Political Gossip then.

WHEN: 6pm Tuesday 27th 

WHERE: IKA, 3 Mt Eden Rd, Auckland

Oh and there will be a magician as well.

I know. A magician.

So that’s drinks, nibbles, political gossip AND a magic show.

That’s not a bad Tuesday night.

 

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Political Caption Competition

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TDB Top 5 International Stories: Tuesday 27th September 2016

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5: Donald Trump Leads the War on Truth — but He Didn’t Start It

AS THE FIRST presidential debate looms, the choice between Hillary Clinton and Donald Trump is being billed as something more than red versus blue, rich versus poor, or war versus peace. The election is being billed as something even larger — a national referendum on the nature of truth itself.

The choice, according to New York Times columnist Nicholas Kristof, is between a respected politician with some regard for the facts, and a “charlatan,” “con man,” and “duplicitous demagogue.” The New York Times, Los Angeles Times, and New Yorker have all drawn up detailed anthologies of Trump’s lies. Hopes that the debates’ moderators might call Trump out on his bad facts are looking unlikely to be fulfilled. “What is a big fact? What is a little fact?” Janet Brown, the head of the Commission on Presidential Debates, asked CNN’s Brian Stelter on Sunday afternoon. “I don’t think it’s a good idea to get the moderator into essentially serving as the Encyclopedia Britannica.”

The Intercept

4: Lawyer for Gitmo Prisoners Released to Uruguay: They Haven’t Seen Their Families in 15 Years

We speak with a lawyer who helped to represent the six Guantánamo prisoners who the U.S. government released to Uruguay, including Jihad Abu Wa’el Dhiab. CUNY law professor Ramzi Kassem has been to Guantánamo about 50 times. He discusses his client Dhiab’s case, what he is asking for and what the situation is overall at Guantánamo. “They’ve been in Uruguay for almost two years,” Kassem says. “And for that entire time, Mr. Dhiab and the other prisoners have been asking this question. You know, when are we going to see our families? Is that going to happen? How is that going to happen?”

Democracy Now

 

3: Aleppo: Bodies litter floor at makeshift hospital

Hospitals are struggling to cope in Syria’s Aleppo as government and Russian fighter jets continued to pound the city’s rebel-held east, killing more than 200 people in under a week.

Al Jazeera’s Amr al-Halabi, reporting from a makeshift hospital in the city, described a bleak situation as the hospital overflowed with dozens of dead and wounded people.

“Dead people are on the floor of this makeshift hospital,” Halabi said. “The situation here is desperate.”

Bodies littered the ground inside and outside the facility, as volunteers and relatives carried severly wounded people inside, looking for somehere to put them down on a floor already full with air raid victims.

“There is not enough space for us. We have to leave immediately to make more room for those injured,” Halabi said as a stream of ambulances ferried in the dead and wounded, overcrowding hospital wards.

“It looks like judgement day,” he said.

Aljazeera

 

2: Canada First Nations chief won’t join UK royals for ’empty gesture’ ceremony

One of British Columbia’s most influential First Nations chiefs has turned down an invitation to participate in a reconciliation ceremony with the Duke and Duchess of Cambridge during their visit to Canada, describing the symbolic ceremony as a “public charade” that papers over the Canadian government’s failure to keep its promises to indigenous peoples.

The Black Rod ceremony is slated to take place on Monday evening, in a private sitting room at the stately Government House in Victoria. Officials have spent more than a year carefully crafting every moment of the ceremony, which will see Prince William add a carved silver ring to the Black Rod, a ceremonial staff created in 2012 to commemorate the Queen’s diamond jubilee.

The staff is currently adorned with three rings, representing the province, Canada and the link to the UK. Prince William is expected to add a fourth ring – engraved with eagle feathers and a canoe – that will symbolise First Nations in the province.

“Reconciliation has to be more than empty symbolic gestures,” said Grand Chief Stewart Phillip of the Union of British Columbia Indian Chiefs in explaining his decision to decline the royal invitation.

The Guardian

1: Indigenous Man’s Family Call for National Protests Following His Death in Police Custody

A 29-year-old Aboriginal man has died in an Adelaide hospital, following an altercation with five guards while he was being held in remand at South Australia’s high-security Yatala prison.

The incident reportedly occurred around 11:30 AM on September 23, when the man—a member of the Pitjantjatjara and Wiradjuriwas nations—was waiting to make a scheduled court appearance via video link. Later in day—a Friday—the man was transferred to the Royal Adelaide Hospital in a critical condition, where his sister Latoya Rule alleges two prison officers were stationed by his bed, “watching his body.”

The 29-year-old man passed away early Monday morning. Two of the guards involved in the incident were also hospitalised, but have since been discharged.

Correctional Services Minister Peter Malinauskas had alleged the inmate—who is not being named for cultural reasons—attacked the guards, although the minister did not offer an explanation about what could have motivated the violence.

Vice News

 

 

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The Daily Blog Open Mic – Tuesday 27th September 2016

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Announce protest actions, general chit chat or give your opinion on issues we haven’t covered for the day.

Moderation rules are more lenient for this section, but try and play nicely.

 

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