Unions, Parties and the decision to strike.

datePosted on 20:12, July 9th, 2018 by Pablo

For the bulk of my academic career I worked on issues of regime change and interest group intermediation, with a particular interest in Latin America. I wrote a couple of books (one co-authored) about state-labour relations in several South American countries and a fair number of articles that included discussion of how labour engaged in collective action under different regime types. The comparative study of state-labour relations remains an abiding interest of mine.

One of the axioms of comparative democratic labour relations is that unions will engage in more cooperative labour relations strategies and therefore strike less under Left governments than they will under Right governments. The presumption is that since Left governments are working class based or supported, and because they are sympathetic to working class concerns in their policy platforms, there is less incentive for unions to take strong collective action against them, particularly with respect to strikes and  other forms of labour service withdrawal. This is especially so because such direct action could undermine the Left government in question and leave it vulnerable at the next election.

Because unions presumably prefer to have Left governments over Right governments in office, resorting to labour service withdrawals would be a counterproductive union political strategy over the medium term even if economically productive over the short term. That is true of public sector strikes in particular (since strikes, even when focused on economic issues, are inherently political when they involve the state as employer), but private sector strikes are also seen as electorally injurious to Left governments (after all, if a Left government cannot “control” unions then what is the point of having them?).

In terms of so-called political strikes as well as economic strikes, Labour governments are generally thought to offer a better prospect for labour peace.

Conversely, unions supposedly dislike Right governments and therefore engage in more confrontational approaches to labour relations, particularly if there perceive that there has been a rollback of union legal and economic gains under those or previous Right governments. Both economically and politically, unions have reason to adopt more militant strategies under Right governments.

The subtleties embedded in this dichotomy are found in the strategies of public sector versus private sector unions against a backdrop of relative union density and the legal frameworks governing wage-setting. This assumes that union leaders and members share the same ideological orientation and that union leaders accurately transmit the material demands of the rank and file during negotiations with the State and employers (i.e. the principal/agent relationship is tight and coordinated). At that point employer characteristics at the level of the firm as well as productive sector come into play, set against a backdrop of relative business sectorial organisation (both as producers and employers) and the labour relations framework operative at the time. A collective action and strategic interaction is framed by macroeconomic conditions and government budgets, with sectorial growth and Treasury surpluses being determinants of the latitude for negotiation in any particular instance.

For the last three decades all of this occurs in the context of the globalisation of production, consumption and exchange under market-oriented macroeconomic policies developed and implemented by public sector technocrats that seek to outsource public sector service provision and downsize the legal authority and managerial and regulatory functions of the State as part of government mandated, market-oriented ideological agendas.

In the era of market-oriented economic reform, changes in labour relations’ legal frameworks have tended to favour employers and business associations over labour unions under both Left and Right democratic governments, with the degree of favouritism seen in the approaches towards collective bargaining adopted by each. Overall, although Left governments have mitigated much market-oriented labour reform while Right governments have sought to accentuate and exploit them in order to weaken the labour movement and atomise working class representation and collective strength, the trend has seen a weakening of union power across the democratic capitalist world as measured in union density, membership numbers and the collective rights and legal authority governing working class representation in production. This has been acutely felt in the private sector where individual worker rights and contracts predominate over collective rights and representation. With their relative collective strength, public sector unions remain as the diminished core of most contemporary labour movements in capitalist democracies.

A key factor in determining the propensity to strike is wage-setting institutions. Generally speaking, the more centralised the bargaining nexus and more monopolistic the bargaining agents doing the negotiating, the more likely that unions will prosper in their demands without having to resort to strikes. In contrast, the more decentralised the bargaining forum and the more disparate the bargaining agents, the more likely it is that employers will have the upper hand in bilateral negotiations with employees, thereby increasing the possibility of strikes. For example, tripartite (labour, state, capital) wage boards governing wage negotiations in specific economic sectors tend to push compromises that trade incremental wage gains for productivity, job security and reinvestment guarantees. Conversely, enterprise level bargaining between employers and various employee bargaining agents tends to fix or depress wage bills in exchange for non-wage guarantees. In New Zealand collective bargaining is more closely based on the latter model rather than the former and yet overall strike levels have remained low.

The way in which the union movement is incorporated and inserted in the political system matters in this regard. The form of initial incorporation (that is, the way in which unions are initially integrated into the national political system), may be more of historical rather than practical import for well-established unions created in the previous century and whose insertion in the political system today was consolidated some time ago. But initial incorporation matters much to recently organised contemporary unions without long political histories. That is because the terms of their political incorporation and subsequent political insertion in the political system are still being determined and sometimes disputed, including by older or more established unions as well as the State and employers. These may not echo or even resemble the conflicts surrounding initial labour incorporation and political insertion in the past, but they nevertheless condition the way these newer collective agents are allowed to exercise economic and political representation in the present context.

There are three main forms of labour political insertion. In some liberal democracies organised labour is inserted in the political system in Left party dominant fashion, e.g., the party dominates the union in both leadership selection as well as member political affiliation. In other liberal democracies unions dominate or control the party, with union representatives holding key Party positions down to grassroots organising and regularly running for office. In still others unions are independent of Left political parties although nominally sympathetic to them, with union leaders and members displaying a broader range of party affiliations than under the first two types. In illiberal democracies so-called “yellow” unions (factory or business unions and “professional associations”) exist that are independent or affiliate with Right parties. In the main these are not considered to be authentic representatives of working class collective interests because they are created by or at the behest of employers in lieu of them.

This brings up the subject at hand. There currently is the possibility of nurses, public servants and teacher’s strikes in the next few weeks. Conservative commentators have claimed that this is to take advantage of the Labour-led coalition’s “weakness” and to seize the moment of opportunity provided by Labour’s unwillingness to confront the unions in question. That runs against the conventional wisdom about Left governments and unions. So the question is: why are the nurses, public sector and post-primary teacher’s unions threatening to strike?

One answer may lie in that all of these collective agents are public sector unions that are independent of the Labour Party and its coalition partners. Membership density is high but the sociological demographic in each is changing, with younger members being more ethnically diverse and less identified with the traditional class structures of the industrial era (since those under 30 are of the post-industrial, post-modern age). This may have led to a rejigging of agent/principal relations within the respective unions that might make them more prone to challenge the labour relations orthodoxies of the past, to include being more cooperative when Left governments are in power.

Another answer may lie in the fact that Labour, for all of its “progressive” policy pronouncements and initiatives, still clings to market-driven logics of production that, even when cushioned along the margins, reinforce the collective bargaining dominance of capitalists. Seen in labour legislation and the role of national labour administration as an interlocutor between labour and capital, this includes cost-cutting managerial rationales in the public sector, where modern Taylorist principles have been borrowed from the private sector and applied to public sector service provision.

That bureaucratic orientation could be partially due to the fact that most Labour leaders are career politicians with few backgrounds “grounded” in the realities of working class activism, and/or because the party’s focus has recently concentrated more on identity rather than class politics. This has caused Labour to accept market logics in principle and market-oriented solutions to employment relations in fact. The NZ Labour Party is less a working class party than a coalition of post-industrial causes joined by antipathy to conservative (read: Anglo-Saxon Christian capitalist heterosexual and patriarchal) mores. Seeing the situation in this light could well disincline nurses, teachers and bureaucrats from continuing to toe the “cooperative” line, especially if the union demographic traits outlined above prove to be correct.

It is worth noting that the long-established unions affiliated with the Labour Party have not uttered a peep about strikes, to include not offering solidarity with the nurses and teachers. Newly created unions like UNITE in the private sector have engaged in strikes regularly against private employers under the previous Right government and are supportive of the action. But in general the union movement in New Zealand has remained out of the conflict between the State (as manager and employer via the civil service, DHBs and Education Ministry) and the nurses, bureaucrats and teachers unions.

Another question is why did these unions (or most others, for that matter) not strike regularly when the National government was in office? Was it a matter of contracts being in force? Or was it the limits placed on strike action both legally and practically? On the face of it, it seems odd that civil servants, nurses, teachers and other productive groups would wait to strike until Labour was in office if they were out of contract towards the end of the National government. Did they think that striking in an election year would lessen Labour’s chances of winning a plurality and forming a government or, put more appropriately, strengthen National’s arguments that they needed to continue to hold a tight reign on labour market dynamics less the economy lose momentum? This is true for private sector unions but particularly so in the case of public sector unions. Or are the conservative commentators correct and non-Left party affiliated public sector unions simply more willing to exploit Labour’s perceived “weakness” on collective bargaining matters?

If so, then the Labour-led coalition has a problem that is more political than economic.

I am still working through the logics at play because I do not know the internal dynamics of the unions in question nor the Labour-led government’s strategy for handling the strike threat. But if any readers would like to join the discussion and illuminate me on the details of each position, that would be welcome.

In defence of public ostracism.

datePosted on 14:40, June 26th, 2018 by Pablo

Public confrontations between Trump officials and activists, ordinary citizens and at least one restaurant owner have reignited the debate about “civility” in political disagreement. The editorial boards of leading US newspapers and Democratic leaders have called for restraint and asked those with anti-Trump opinions to refrain from harassing or confronting Trump officials in the public space when the latter are in a private capacity (such as eating in a restaurant). They claim doing so will play into Trump’s hands by reinforcing the narrative that the “Left” is an unruly mob uninterested in the right to privacy and free speech.

That is nonsense.

This is no longer a situation where taking the moral-ethical “high road” when the opponent goes low is practically effective. The “high road” strategy has not worked in the US since the Reagan days, when Republicans adopted a “stop at nothing” approach to politics that eventually produced the Trump presidency. Time and time again Democrats and progressives have been trumped by a disloyal Rightwing armed with unsavoury and unethical tactics such as Swiftboating and race-baiting. The situation at present is an ethical nadir that calls for what game theorists define as a “tit for tat” strategy: open with a cooperative (read: civil) move, then repeat the opponent’s move (with a turn to cooperation by the opponent rewarded for it). When Trump was elected the Democrats and public at large waited to give him the benefit of the doubt and some political space to prove his opponents wrong. He responded by proving them right and turning the White House into a cesspit of incivility, aided and abetted by a coterie of surrogates, advisors and sycophants who all share his sociopathic tendencies. Thus the proper retort is to respond in like kind, albeit with a twist.

Let’s begin with the fact that the US “Left” or what passes for it is of the soft (non-violent) persuasion. For all the talk about Antifa and Trotskyites smashing things, the bulk of Left violence is the garden variety protest march-turned-small riot where either a few provocateurs try to incite a bigger riot by breaking windows, looting and/or assaulting police or opponents (because most of the “militant” Left rallies are in fact counter-protests against white supremacists and neo-Nazis); or the Left protestors engage with Rightists in physical confrontations using sticks, bottles, Mace, edged and other improvised weapons (the Right does in fact bring firearms to many protests and its adherents of course have used them on more than one occasion, but the majority of the Right-on-Left fights involve variants of basic hand weapons). There have been no assaults on Trump officials and no attempts on the lives of anyone in his administration.

The US Left is mostly about shouting slogans and making witty placards against the status quo; the US Right is mostly about threatening or carrying out violence in defence of racial and ethno-religious supremacy. So when it comes to civility or the lack thereof, it is not the Left that is the problem.

Then take the Trump administration itself, which is anything but “civil.” There are two dimensions to its incivility: its policies and its tone. Trump and minions like Sarah Huckabee Sanders regularly use insults, character assassination, dog whistles, stereotypes and slander to belittle and undermine opponents and critics (and allies!) at home and abroad. The list of such is far too long and readers will be all to familiar with them for me to recount here. This is an administration that thrives on the politics of personal attack and which regularly sets new lows when it comes to Executive discourse. In fact, the immediate response of both Sarah Sanders and Trump to her denial of service at a restaurant (where her presence was opposed by the majority of staff) was to use their official Twitter accounts to disparage the establishment and its owner. In effect, Trumpsters whining about being confronted in their private time is just a case of crocodile tears on the part of bullies unaccustomed to being personally called out on their behaviour.

Add to that its callous disregard for fundamental ethics on a number of fronts (conflicts of interest, disclosure of confidential material, use of taxpayer money for private pursuits), and what we have today is the most uncivil US administration ever. Heck, Trump makes George W. Bush look dignified and smart and Richard Nixon look honest and statesmanlike, so there never again can be an argument as to who is the worst US president of all time. If nothing else his record when it comes to incivility will be hard to beat.

Then there are the policies of the Trump administration and the ways in which they are implemented or attempted. The Muslim ban, the ban on transgender military service, the opening up of wild lands to fossil fuel exploration, the withdrawal from international treaties and agreements, the removal of protections for disabled people, the cutbacks in funding for special education, denial of climate change and removal of scientists from White House offices, the edict to engage in forced separation of undocumented immigrant families–these and many more policies are underpinned by overtly racist, classist, misogynist, xenophobic and authoritarian attitudes that reek of contempt for the institutional process, the meaning of public service and the basic democratic principle of public accountability.

More importantly, Trump administration policies are mean in intent and consequence. They are designed to hurt rather than help people. They are designed to use the power of the federal government to punish and oppress outlier groups and reward and advantage insiders. They are blunt instruments of malevolence aimed at pounding the body politic into complying with a vision of society based on hierarchy, hate, privilege, stratification and self-interest/greed. In word and deed, Trump and his cabal hurt tens of thousands of people on a daily basis and make no apologies for it.

So what is so civil about that? And why should we be civil to them in return? Is not staying silent in the face of official incivility submission or acquiescence to it? I believe that it is.

Instead of silence, I think that we should make things very personal to every single Trump minion, surrogate, spin doctor, media acolyte, political donor and corporate toady. The message, delivered up close and personal, should be that the policies of hate and greed have no place in a secular cosmopolitan society and the politics of personal attack can work two ways. In this case the attack is not physical even if confrontational: the Trump entourage need to understand and feel in their personal lives the discomfort of threat and opprobrium. The repudiation of Trump policy needs to be made personal to them because both the administration lackeys as well as the foot soldiers implementing their policies believe that they are personally immune from liability or accountability.

Those at the top believe that the office of the presidency protects them from personal reproach, and those at the bottom believe that anonymity protects them from individual retribution. If we cannot confront the originators of bad policy in the public space and their personal lives and if we do not equally confront the enablers and implementors of uncivil policies, where is dissent and opposition heard? The courts, which are increasingly stacked with Trump appointees? Congress, where both chambers are controlled by the entity formally known as the Republican Party but which is now a Trump coat-tail and rubber-stamp machine?

No, the time for civility ended a while ago. The truth is that “civility” in political discourse has been eroding since the Reagan era, mostly thanks to the antics of the media and Political Right. So the calls for Left civility are both hypocritical and self-defeating because they work to silence those who wish to stand up to political bullying while ignoring the bullies themselves.

Mind you, I am not talking about physically attacking people or confronting their dependent children in any way. I am not advocating people go out and deliberately harass  Trump administration officials. What I am defending is the practice of calling out those responsible for despicable policies regardless of place. If we are going to ostracise or “name and shame” sexual offenders, local fraudsters, animal abusers and assorted other low-lifes and miscreants who are not in the public eye, why should we defer from doing so to those that are?

The best way to drive home to Trumpsters the fact that their actions have negative consequences is to make things personal understanding that timing and place need to be factored into the equation in order to be effective (e.g. yelling at people outside of church or at kid’s sporting events may be counter-productive while a quiet or polite rebuke in a parking lot may make the point better. There are plenty of ways to be direct and personal without seeming creepy or unhinged). It is not as if these agents of misery are constantly exposed to public wrath. They have enough time to enjoy the bubble and echo chamber that is their political support base in and outside of the institutions of office. They have the option to defend themselves via argument or escape, and many have bodyguards to buffer them from physical aggression. So let’s stop this nonsense about civility and lets make things real: in order to gain respect one has to give respect. In order to be treated with civility one must be civil as well. And if one disrespects entire groups of people and ruins the lives of thousands while catering to the baser instincts of the minority that are one’s political adherents, then better be prepared to hear about it in person.

Because civility is not about silence or submission. It is about consent. And when consent is lost, then civility includes the right to make personal to those who rule the reasons why.

A return to the banality of evil.

datePosted on 13:17, June 20th, 2018 by Pablo

When Hannah Arendt wrote about the “banality of evil” in Nazi Germany, she was referring not to the leaders but to the thousands of bureaucrats, soldiers, civil servants, cops, tax collectors and everyday citizens who went along with the Nazi project or simply said that they were “following orders,” “doing their jobs” or being “good citizens.” The Nuremberg trails put paid to those excuses.

Today in the US we have a variant on the theme. It may not quite be holocaust in size, but the forced separation of children from undocumented parents in order to use them as pawns in Drumpf/GOP attempts to extract Democrat concessions on immigration reform (pay for the wall, etc.) is abhorrent nevertheless. And while attention rightfully is focused on Drumpf and his minions, my question is this: who are the people who are enforcing this wretched policy? These are the people who take the evil abstract of forced family separation and turn it into executable action via bureaucratic procedures and regulations (e.g. wearing of surgical gloves when handling detainees, using female agents to process women, providing water and x amount of calories via solid food at regular intervals, etc.). Who are the border patrol, local law enforcement and homeland security agents and private contractors who are doing the actual separation and detention of children in cages? Are they doing this because they agree with Drumpf, are racists themselves or are just plain psychopathic? Or are they going to tell us that they are only following orders and doing their jobs?

Until we make those carrying out this atrocity as personally responsible as Drumpf, Sessions, et.al, we will continue to see the steady undermining of the moral foundations of the Republic. Make no mistake about it: these enforcers of the morally reprehensible are neighbours, friends, family members and church goers who go about their lives as if all was normal. And that is exactly what Arendt was describing. It is the banality of such evil that eventually makes it normal.

Less NZ readers think that it cannot happen here, just hark back to the Police invasion of Nicky Hager’s privacy in search for the elusive “Rawshark” source. You may recall that I wrote a post about how the cops used Customs, Immigration and airline companies to obtain the personal data of thousands of passengers who flew on certain dates between Auckland and a foreign country where the Police suspected Rawshark was vacationing. None of this was done under warrant, but instead, just as in the case the banks that gave up Hager’s financial records so readily, they did so willingly upon request. All of those involved will defend their actions as cooperating with the Police but in fact they were under no obligation to do so without a warrant. But they did.

We now learn that a private security firm has a hand in glove relationship with NZ public agencies in spying on people who pose no threat to national security, and that in fact the private security firm may have business steered to it by a NZ intelligence agency in spite of the obvious–or at least appearance of–conflict of interest. Here as well we have a case of people just doing as they are told without consideration of the ethics or morality about what they are being told to do, some in pursuit of profit and some for reasons known only to them. They are following orders, doing their jobs, chasing leads and tip-offs without consideration of the fact that what may be legally permissible (or at least not outlawed) may not be morally or ethically proper.

These, in sum, are Kiwi examples of evil gone banal. And there are bound to be others, so perhaps the abomination that it is the Drumpf policy of separating undocumented asylum-seeking families at the southern US border should serve as a reminder to New Zealanders as to the depths to which a nation can plunge if it allows that evil banality to become the new normal.

Pick your poison.

datePosted on 13:37, June 12th, 2018 by Pablo

Two decades ago New Zealand uncoupled the security and trade strands in its foreign policy. The decision stemmed from the removal of New Zealand’s preferential trade status with the UK in the early 1970s and the fallout to the embrace of a non-nuclear status in 1985, which led to the dissolution of the Australia-New Zealand-US military alliance (ANZUS). With the end of the Cold War, New Zealand foreign policy elites decided that one of the cornerstones of foreign policy in the tight bipolar world that dominated international affairs from 1945 to 1990, issue linkage between security allies who trade preferentially with each other, no longer applied to the conduct of its international relations and that placing the trade and security “eggs “of foreign policy in different baskets better ensured independence and autonomy in international affairs.

Over the next twenty years New Zealand shifted its trade orientation to non-traditional partners in Asia, Latin America and the Middle East while slowly re-establishing its security ties with its traditional Anglophone allies. The latter trend was accentuated after 9/11 but did not slow the pursuit of preferential trade agreements with new markets, China in particular. In fact, New Zealand signed the first bilateral free trade agreement (FTA) between a Western democracy and the PRC in 2008, and within a few short years China has become New Zealand’s second largest trading partner (after Australia), supplanting both the EU and the US in that regard.

In parallel, New Zealand joined the US-led “war on terror” (sic) by deploying troops to Afghanistan from 2001 to the present (now in a diminished role), Iraq 2003-2013 and Iraq and Syria from 2015 to the present. It signed the bilateral Wellington (2010) and and Washington (2012) Declarations that made it a first tier defense partner of the US, and it has strengthened its intelligence ties with the Anglophone partners in the 5 Eyes signals intelligence network as well as upgraded liaison relations between its human intelligence agency, the Security Intelligence Service (SIS) and Western counterparts such as ASIO (Australia), the CIA (US), DGSE (France) and others.

The trouble with the “eggs in different baskets” approach is that it assumes that a balance of power can be maintained and ignores the possibility of conflict between major trade and security partners. The guiding principle of issue linkage was that security and trade partners trusted and did not conflict with each other. Conflict was limited to between alliance systems. Uncoupling of security and trade linkages consequently raises the possibility of conflict between competing security and trade partners, something that makes the delinked stance more akin to straddling a barbed wire fence while standing on ice blocks than balancing between competing interests.

The situation is made worse for small states trying to remain neutral between competing great powers. That situation, described by Thucydides in the History of the Peloponnesian Wars when recounting the siege of Melos and its attempts to skirt the conflict between Athens and Sparta,occurs when a small state is forced to choose between two great power rivals. Although the Spartans accepted its neutrality, Melos refused Athenian demands to swear fealty and as a result was starved, invaded, ransacked, its men killed and its women and children taken prisoner.

Mutatis mutandis, this is increasingly likely to be the dilemma posed to New Zealand as a resulted of its bifurcated foreign policy. China and the US are on a collision course across a range of strategic issues, including security and trade, as the jockey for dominance in the Western Pacific. Chinese militarisation of artificial islands in the South China Sea and its claims to sovereignty over that entire water space (and territories claimed by five neighboring states), coupled with its aggressive use of “checkbook diplomacy” to win friends in and influence the foreign policies of Pacific Island nations, added to its rapid naval expansion and power projection into the blue waters of the Western Pacific have been met with a US “pivot to Asia” and a shifting of US military assets to the Pacific theater. The Chinese have tied their military expansionism in part to the “One Belt One Road” trade initiative that seeks to extend China’s trade influence across continents (combining the old land-based Silk Road routes with a Maritime Silk Road linking Southern China and East Africa with ports in between). It also has a naval strategy—the “chain of pearls” strategy– premised on moving beyond defence of what it considers to be its inshore seas (such as the South and East Asian Seas) and into the Indian and Pacific oceans where it can self-guarantee maritime security in its sea lanes of communication.

Under Donald Trump’s presidency the US has retrenched economically, abandoning free trade pacts such as the Transpacific Partnership in favor of an economic nationalist strategy premised on protective tariffs and bilateral trade agreements. It has turned its back on much of the rules-based liberal world order crafted over the past sixty years in favor of a unilateralist diplomatic approach heavily grounded in aggressive military re-assertion in contested areas. It has also abandoned issue-linkage between trade and security with ertswhile allies except to use “national security” as an excuse to gut extant trade pacts (as the most recent G7 fiasco demonstrates).

The combination of economic nationalism and military-led diplomacy raises the possibility of open conflict with power contenders disinclined to bend to US demands. More broadly, the transition from the Cold War to the unipolar world in which the US was undisputed hegemon has now been followed by the rise of a contentious multipolar order in which rising and re-assertive powers contest US leadership in world affairs, China and Russia especially. Since conflict serves as a systems regulator during transitional international moments and because old alliance systems are under siege and new “power blocs” are being created, the likelihood that conflict will break out between ascendent and descendent powers as they jockey for supremacy in the new world order has increased markedly.

The jostling for position has many manifestations. One of them is the contest for influence in non-aligned and uncommitted states. Because of its bifurcated foreign policy New Zealand is seen as one such state by China, and recent controversies about PRC “influence operations” in Aotearoa parallel similar debates about the extent of Chinese “soft” subversion in the political and economic systems of Australia, Canada and several African and Latin American states. In fact, there is enough backlash throughout the Five Eyes network about PRC use of front organizations and other “magical weapons” (including corrupt inducements to key actors) so as to have it rated as a threat as grave over the long-term as espionage and other intelligence collection activities conducted by the Chinese. They are seen as more pernicious than Western influence activities such as educational and cultural exchanges, etc. because they are more directly focused on influencing political and economic outcomes in ways favorable to the PRC and are designed to support (and are in fact closely linked to) the authoritarian policies of the Chinese Communist Party at home and abroad.

The result is a growing ideological battle between the PRC and New Zealand’s Western allies, particularly the US and Australia, over the future direction of the country. On the one hand, the Chinese presence in New Zealand has been materially beneficial. But that has come with strings attached that are believed to compromise the integrity of New Zealand institutions. For its their part, New Zealand’s Anglophone orientation has not paid similar material dividends in recent times even though it gives it a seat at the table in security meetings with its traditional partners. And although Western influence in New Zealand has been benign due to shared values and cultural norms, the record of the the US when confronting democracies that stray from their preferred political and economic approaches demonstrates that there is a dark side to their influence as well (one only need think of US subversion of the Whitlam government in Australia and record in Latin America to get a sense of this).

New Zealand consequently finds itself caught on the horns of an impending dilemma: if push comes to shove between China and the US, which side should it choose? Even if the great power conflict is economic and diplomatic rather than military, it will be forced to choose within the next decade or so because New Zealand is too deeply tied to both countries to play the balancing game once the great power rivalry erupts into open conflict. The question is therefore not a matter of if but of when and for/against who?

There will be significant costs to whatever choice is made. Should New Zealand choose China (as a rising great power), it will lose the security umbrella and suffer the diplomatic wrath of its most traditional and closest international partners. The consequences will be felt in a loss of trade and diplomatic ostracism, but most acutely in security relations with other Western democracies. The Five Eyes listening posts in New Zealand will be dismantled and all of the highly sensitive equipment, to say nothing of archived records and stored data, will be removed under duress. This could well cause a revolt within the New Zealand intelligence community given its Anglophone orientation and when coupled with “dark” influence operations could prompt civil unrest amongst those disinclined to cast their lot with the Chinese. It could even prompt covert and overt hostile responses from the jilted partners, who will likely discontinue military relations with New Zealand, including sale and supply of equipment. There will be a moment of national crisis.

Should New Zealand opt to side with the US and its security allies in any future conflict with China, it will suffer serious economic losses as a result of Chinese retaliation. This has already been presaged by the Chinese response to New Zealand’s support for the International Court of Arbitration’s ruling in favor of the Philippines in its dispute with China over island-building in contested waters, where New Zealand goods were held up in port and CCP-controlled media editorials warned New Zealand over the consequences of siding against China in future disputes.

Given that the New Zealand economy is highly dependent on agricultural and other primary good exports to China as well as tourism and students from it, the economic costs of losing the Chinese market will not be balanced by increasing trade elsewhere or recruiting tourists and students from other countries. That includes trade with the European Union with or without Great Britain, particularly if New Zealand persists in negotiating a bilateral FTA with Russia in the face of EU sanctions against it. No other export market can compensate for the loss of China, and since New Zealand does not have enough value-added exports or a domestic service sector that can take up the slack, and because its tourism and foreign student markets have been framed around preferential treatment for Chinese (e.g. via special visa schemes), it is bound to suffer a severe economic downturn should its choice go against the PRC.

The PRC will also use its deeply embedded influence assets to sow discord within the Chinese expat community and within the power circles that it has penetrated. That could add to the general unrest caused by the turn away from such an economic powerhouse and benefactor. It will undoubtably use diplomatic as well as economic and perhaps even covert and overt hostile means to punish New Zealand and hurt its interests (say, by abandoning fishery and other conservation schemes in the South Pacific and using naval assets to protect its commercial fleet from foreign law enforcement). This list of retaliatory measures is long and the means by which they are delivered powerful.

So what could precipitate the forced choice? Consider the following scenarios which, if not exhaustive or immediate, are definitely within the realm of the plausible:

1. China continues to demand that New Zealand renounce its participation in the multinational naval conducting freedom of navigation and safe passage exercises in the disputed waters of the South China Sea. When New Zealand refuses to do so and send a ship on patrol just outside the 12 mile territorial limit claimed by the Chinese around, say, the Spratly Islands, the Chinese respond by suspending all agricultural imports from New Zealand for six months. New Zealand exporters go crazy over the loss of income and the government is pressured to give in to the Chinese demand; or, the government refuses to give in to the demand and a subsequent patrol by a New Zealand frigate is hit by an anti-ship missile fired from the Spratlys**. Several sailors are killed and the ship is crippled and towed into Chinese claimed waters and held until apologies are given for its “intrusion” and “provocation.” What then?

2. The Chinese announce the signing of a forward basing agreement with Fiji in which a deep water berthing complex, a 14,000 foot runway and facilities for a division’s worth of troops will be constructed near Suva. Soon after that the Russians announce that they have made a deal with the Chinese to rotate expeditionary forces through the base for tropical warfare training. Australia, France, the UK and US denounce the move as unacceptable. What does New Zealand do?

3. Australia and the US announce the uncovering of a Chinese espionage ring in the South Pacific. It includes several Chinese individuals, including dual nationals, in New Zealand. These are diplomats, students, business people and front agencies engaged in both intelligence gathering and subversive activities that extend into the Beehive and security bureaucracies. The allies call for the closure of Chinese diplomatic facilities and the expulsion of diplomats identified in the sweep and the arrest of those without diplomatic immunity on spying charges, including the possibility of their extradition to the US because of attempts to penetrate the Five Eyes listening posts and other sensitive sites in which the US has a presence. How does New Zealand respond?

4. The US imposes redoubled tariffs on New Zealand exports because it refuses to raise its defense spending to 2 percent of GDP and permit US pharmaceutical and IT companies to extend the lifetime of monopoly patents and proprietary intellectual property rights in New Zealand. It demands New Zealand take a more adversarial stance against China in regional and international fora and reinforces its position by restricting intelligence flows and military-to-military contacts within 5 Eyes and between the two countries, including a cut off of US Air Force resupply flights to NZ Antarctic bases from Christchurch.

Strategic planners in Wellington may not like to ponder these unpalatable scenarios and the unpleasant consequences that a forced choice entails regardless of the nature of the decision. But given the way great power rivalries are playing our at present, they need to consider the possibility that the time will come when the “eggs in different baskets” approach is proven detrimental to the national well-being and a choice between great power poisons has to be considered.

** Less readers think this scenario far-fetched, be aware that it would demonstrate Chinese resolve to defend its self-proclaimed territories knowing that New Zealand’s larger security partners will not risk war over an attack on the “weakest link,” in the multinational naval coalition, especially given New Zealand’s seeming reluctance to denounce Chinese norm violations in the region. That will force a diplomatic resolution, which itself is a victory for the PRC.

Cherry picking on Chinese influence.

datePosted on 11:32, May 29th, 2018 by Pablo

Concern about Chinese influence operations in Western democracies has increased over the last few years, including here in NZ. The concern stems from the fact that, although not espionage or intelligence gathering per se, such operations–which involve money spent on individuals and organisations, establishment of pro-China fronts and media outlets, and placement of individuals linked to or controlled by the Chinese Communist Party in positions of corporate and political importance–corrupt Western democratic systems and undermine the political, social and economic values that underpin them.

The impact of Chinese influence operations has been the subject of considerable discussion in Australia, to the point that politicians have been forced to resign because of undisclosed ties to Chinese interests and intelligence agencies have advised against doing business with certain Chinese-backed agencies. As usual, the NZ political class and corporate media were slow to react to pointed warnings that similar activities were happening here (people may remember my essay on a Chinese fifth column from a few years ago). It was not until Canterbury University academic Anne Marie Brady published an essay last year on so-called Chinese “magic weapons” that the extent of Chinese influence in the local political and corporate worlds was revealed and became a matter of public interest.

It is significant that Brady’s work was first published in the US for a think tank focused on Chinese international affairs, and her first public exposure happened in Australia at a parliamentary committee hearing. That is because, unlike the US and Australia, NZ politicians are not particularly interested in digging into the nature and extent of Chinese influence on the party system and government policy. This, in spite of the “outing” of a former Chinese military intelligence instructor and academic as a National MP and the presence of well-heeled Chinese amongst the donor ranks of both National and Labour, the close association of operatives from both parties with Chinese interests, and the placement of well-known and influential NZers such as Don Brash and Jenny Shipley in comfortable sinecures on Chinese linked boards, trusts and companies.

As I have written before, there is enough to this pattern of behaviour to warrant scrutiny from NZ intelligence agencies and the police. But we also need to put Chinese influence operations in perspective. How are the Chinese any different than the Indians or Polynesian groups when it comes to infiltrating political parties, other than the amount of money available to them? How are these influence operations substantially different than those of other governments such as the US, which funds an array of scholarships, visitor programs, parliamentary delegation junkets and the like? How are Chinese backing of friendship and solidarity groups different than those backed by other foreign governments? How is Chinese corporate fund raising, “fact-finding” and conference travel and other ear-bending efforts any different than the lobbying of corporations, business associations, advocacy groups, etc.?

The answer seems to be that the Chinese are authoritarian, have lots of money to spend on making friends and influencing people and do so in a clearly transactional fashion, much as they do via their chequebook policy in the South Pacific. The implication is that they engage in corrupt practices when necessary and will not adhere to the strictures of democratic governance other than as lip service when it comes to pursuing their interests. Since NZ is, in essence, just another Pacific Island nation, why should this come as a surprise? In fact, the more interesting issue is why, fully knowing that the Chinese are using influence operations for purposes of State that go beyond international friendship or business ties, do so many prominent New Zealanders accept their money and/or positions on front organisations? Is the problem not so much what the Chinese do as as a rising great power trying to enlarge its sphere of influence as it is the willingness of so-called honourable Kiwis to prostitute themselves for the Chinese cause?

Last week the beat up on Chinese influence in NZ took a strange twist. At a US-China Economic and Security Review Commission (USCESRC) hearing, an ex-CIA analyst said that the Chinese had penetrated the “political core” of the country and that in light of that the US should reconsider keeping NZ in the Five Eyes signals intelligence sharing network.

The absurdity of these remarks needs to be deconstructed, not only for what was said but for what was not said. Let it also be noted that although nominally a bipartisan agency of the US Congress, the USCESRC has increasingly become a China-bashing forum, something that has been accentuated under the leadership of Senate Majority Leader Mitch McConnell (who oversees Commission appointments) and President Trump. This also matters because the witnesses called to testify before USCESRC are often cherry picked for their views on matters of US-China relations.

In his case the ex-CIA analyst rightly pointed out that, in contrast to the US and Australia, the NZ political elite were blasé about the extent of Chinese influence in local politics. But he took a step too far, downplaying the record of the previous National government and criticising the new Labour government for casting a blind eye on pernicious Chinese influence within its ranks (the only mention of National was a reference to the Jian Yang case). He then jumped the shark by recommending that the US and other 5 Eyes partners reconsider NZ’s membership in the signals intelligence sharing partnership.

Let’s be very clear: for the previous nine years National was in power, the deepening of Chinese influence was abided, if not encouraged by a Key government obsessed with trade ties and filling the coffers of its agrarian export voting base. It was National that ignored the early warnings of Chinese machinations in the political system and corporate networks, and it was Chinese money that flowed most copiously to National and its candidates. It is not an exaggeration to say that Chinese interests prefer National over Labour and have and continue to reward National for its obsequiousness when it comes to promoting policies friendly to Chinese economic interests. In fact, it is National that had a Minister, in the person of Judith Collins, attempt to use her position and manipulate the NZ ambassador to China into pushing her husband’s dodgy Chinese-backed business.

All political parties protest that they strictly adhere to campaign finance law and on paper they clearly do. But the whiff of dark money, dirty politics and other forms of unacknowledged influence trading has long clung to National in a measure not shared with its opponents. Put succinctly, contrary to what the the ex CIA analyst intimated, the influence of Chinese interests has been strongest when National is in government. And it is not just the Chinese who have availed themselves of the favourable climate operative during National’s tenure.

Not that National is solely to blame when it comes to trading favours. Labour clearly has consorted with some unsavoury Chinese donors and it remains to be seen if it will be any different than National now that it is out of the wilderness and back into government. But if foreign penetration of the “political core” is such a concern, it is surprising that no serious mention has made either at home or abroad of Winston Peters’ ties to Russia via the horse industry and beyond. In fact, when one looks at Peters’s links to an assortment of industries and interests, it is not just foreigners who appear to have an inside track on his thinking. Even so, the notion of a “political core” being compromised assumes that a whole array of constituent groups, from unions to manufacturers to iwi, are in the pockets of the Chinese no matter who is in government. Perhaps they are, but if so, I have not heard about it.

Labour may have the likes of Raymond Ho in its ranks and some dubious Chinese businessmen among its supporters, but it comes nowhere close to National when it comes to sucking up to the Chinese. That is why Jian Yang is still an MP, and that is why we will never hear a peep from the Tories about the dark side of Chinese influence operations. For its part, Labour would be well-advised to see the writing on the wall now that the issue of Chinese “soft” subversion has become a focal point for Western democracies. After all, Chinese influence operations that work to subvert basic value structures do so against a backdrop of aggressive Chinese cyber attacks and intelligence gathering in the countries in which influence operations are most prominent, NZ included.

But that is also why the recommendation that NZ be excluded from 5 Eyes is ridiculous. First, because for all of the talk about counter-terrorism, the bulk of counter-intelligence efforts by NZ (through the SIS and GCSB) and its 5 Eyes partners are directed at state actors, China in particular. Even if the NZ political elite were totally compromised by the Chinese, the security bureaucracies would insulate their operations from political interference and would likely work with the Police to demonstrate when and where politicians were acting on behalf of Chinese rather than NZ interests. It is the NZ intelligence community (NZIC), more than anyone else, who know the full extent of Chinese activities in the country, and the NZ intelligence community is fully ensconced in Anglo-centric democratic intelligence networks. It is therefore not likely that the NZIC would overlook the type of Chinese influence operations that result in capture of NZ’s “political core.”

Secondly, getting thrown out of 5 Eyes is not simply a matter of being told to take one’s toys and go home. The equipment at the listening posts at Waihopai and Tangimoana and at GCSB headquarters in Wellington is acutely sensitive and there are numerous citizens of partner countries working at those installations. Dismantling and removing equipment, files, archives and other sensitive material from such facilities will be time consuming, diplomatically fraught and operationally vulnerable, especially when it is well known that the Chinese, foremost amongst others, are extremely interested in them.  Institutional history, to include linkages with 5 Eyes partners and broader security networks, would have to be purged in order to avoid it falling into adversary hands. So getting kicked out of 5 Eyes involves much more than a rebuke, and, given NZ’s taskings within the 5 Eyes network, it is precisely the Chinese who will benefit the most from the expulsion.

If the US and other 5 Eyes partners are as worried about NZ being compromised by the Chinese as the ex-CIA analyst suggests that they are, a message of concern would have been sent to the NZ government in at least three ways: via diplomatic communications from the US embassy (which undoubtably has sent reports back to the State Department about the prevalence and impact of Chinese influence operations and intelligence gathering in NZ); by a diminishing of intelligence feeds from those partners in an obvious fashion; and by direct communication between the intelligence chiefs involved. This could well have been the purpose of the visit by the US Director of Intelligence to NZ a few weeks ago and if so, the gravity of the concerns have now been made clear to the Ardern government. However, the PM as well as the Opposition leader have both said that nothing has been brought to their attention that causes them to believe that NZ’s political system has been compromised by Chinese agents.

Given my antipathy towards authoritarians, I hold no particular affection for the PRC. But I do recognise that it does so as a maturing great power and accept that its behaviour is not going to change any time soon unless action is taken to circumscribe its activities in the West–a problem for societies founded on notions of freedom of association, movement and speech (including of opinion and the press). Because these rights are seen as Achilles Heels to be exploited by authoritarian rivals such as China and Russia, it should be expected that they will continue to be used as avenues of exploitation by them (as has been well demonstrated in the US).

What I deplore the most, though, is attacks on left-leaning governments (such as they are) like the current Labour government in NZ for supposedly going soft on Chinese influence pandering when in fact it has been right-leaning governments, not only in NZ but elsewhere, that have most assiduously courted Chinese investment and better diplomatic ties in spite of the PRC’s authoritarian character and dubious record when it comes to human rights and adherence to international conventions. For the NZ media to pick up and bang this hammer when it is part of an orchestrated attack on the Chinese by the US doing so for geopolitical reasons of its own demonstrates how shallow and uncritical reporting has become in Aotearoa. The issue is serious, which is precisely why it should not be subject to partisan manipulation or, ironically, pressure from allied states.

So yes, NZ has a problem with Chinese influence operations on its soil, particularly the willingness of NZers to serve Chinese interests for a handful of coin. But no, it is not just the fault of Labour and no, it is not as bad as has been alleged by the ex-CIA analyst. Nor is what the Chinese do in terms of influence mongering that dissimilar to what many other entities do when pushing their message in the NZ political system.  So let us take better notice of the phenomenon and address it for what it is without succumbing to the apocalyptic diatribes of people whose concern about Chinese influence operations has  less to do with the particularities of NZ and more to do with the broader strategic competition that sees China on the rise and the US in decline.

BONUS LISTEN: Here is an interview done on RNZ by the ex CIA analyst in question. Readers can form their own opinions as to whether he sounds like an authoritative and credible source for the claims he has made: https://www.radionz.co.nz/national/programmes/morningreport/audio/2018646774/ex-cia-analyst-admits-trump-irony-in-china-influence-warning

House of Pain.

datePosted on 10:36, May 25th, 2018 by Pablo

I am on the mend, sort of.

Or better said, I am out of surgery and convalescing after having my left hip replaced. It was an interesting experience. They decided to give me a spinal with a light sedative, so I got to hear the sounds and feel the tugs. After the first tugs (slicing and dicing as they opened me up), I heard a circular saw. That is used to cut off the top of the femur and old hip ball. Then I heard a grinder. That is used to “sand” down the pits and sharp projections caused by degenerative arthritis on the hip socket. I then heard hammering on metal. That is the sound of the fitted metal plate being hammered into the hip socket (think of the spikes that are used to hold down railroad ties. Here the spikes are hammered into the hip socket through holes in the fitted metal plate). The hammering was also the new titanium hip ball being hammered into the new top of the femur (also attached by a spike). Then more tugging as they sewed me up. They cut and separate the abductor muscle to get to the hip. Took about 1.5 hours.

The first night was agonising once the spinal wore off (took about 4 hours). They prefer not to give painkillers until all lower body sensation is restored, so one has to suffer until the painkillers kick in after normal sensation resumes (which works downwards from the point of injection to the toes). For me, that included suffering through a pain fever (where one is hot to touch to the point of discolouration and blistering amid profuse sweating). I would say the pain was 8.5-9 on a scale of 10, all through my pelvic girdle. The next day they got me up and we started “exercising, ” (i.e. walking with a walker and crutches) and the worst pain was (and is) in the femur that was operated on (pain at about 7.5-8 level). I now have incision pain (a hot tearing sensation) as a constant more than anything else, on a scale of 5 or so out of 10.

I assume the various pains will begin to wear off soon but boy, I could use some opiates at this point (they try to avoid using them and I have a reaction to morphine anyway). Instead, I rely on the mobile pharmacy of non-opiates that was provided to me upon my release.

I was released after 3 nights in hospital and transferred to my in-laws as a halfway point while the family support crew worked. Lets just say that the 100 meter walk on crutches to the car and entering/exiting said vehicle was excruciating. It managed to combine deep bone, pelvic girdle and incision pain into one big ball of wretchedness. Beyond that, I am incredibly fragile and vulnerable to falls, which is a problem because along with infections dislocating the new hip is considered to be a terminal game changer for the worse.

I will go home tomorrow and continue to use the crutches and cane until I can walk by myself. I cannot bend forward, twist my hips, cross my legs or have my knees higher than my hips for six weeks. I need special chairs for the shower and loo. I cannot drive for that time (a problem in a one driver household located a half hour from the nearest main town). But I am told that it is all worth it once the pain goes away and will be able to exercise and perhaps even jog again.

That is my motivation because I have promised the little guy that I will soon be able to kick the ball and chase him around the paddock. Let’s hope so.

PS: Other than a couple of glitches, my experience with the public health system (so far) was 9 out of 10. In terms of institutional processes and staff care I received excellent treatment. I did go private for a couple of tests but everything else was done publicly and the total time from when I was put on the waiting list (as an acute case) to surgery was 3 months. Happy to see my tax dollars put to good use.

Angry losers who can’t get laid.

datePosted on 15:30, May 17th, 2018 by Pablo

What do Islamic extremists, alt-Right adherents and the Incel movement have in common? Many people might say “nothing,” but the truth is that for all their differences when it comes to socio-economic, cultural and ethnic identity, these almost exclusively all-male groups all share at their core the same misfortune: they cannot get laid. The inability to find sexual relief in turn fuels their regressive views of the social order and penchant for authoritarian governance because rather than fault themselves they blame others for their predicament, whether the others be infidels, “libtards” or women.

Of course, not every single jihadist or white supremacist is involuntarily celibate. Socio-economic and cultural conditions clearly factor into the extremist equation. But underlying all of that is sexual frustration expressed as sociopathic rage and, in many cases, violent to the point of homicidal tendencies. In some cultures, religiously-codified sexual repression produce a seething mass of angry young men unable to make basic connection with the opposite sex and/or drive them, at considerable peril, into closeted relations with other men. In other instances it is the inability to fit into the sexual mainstream (i.e. get a date) that drives individuals to extremism.

In previous years these social losers would by and large retreat into mastubatory isolation. Now, easy access to porn and the networking reach of social media allow them to feed off of each other’s misery and accelerate their descent into darkness. It allows them to mutually sharpen their objectification and contempt for those who would not have them. That makes them susceptible to manipulative explanations that their plight is the fault of others rather than themselves.

I say this because I have seen a fair bit of pop psychologising about terrorists but relatively little about other angry male sub-strata. When news broke of a Canadian incel running down people with a van in Toronto, it dawned on me that a common thread amongst virtually all male extremists is sexual frustration and rage. Again, this is not to claim that the trait is universal or that it is exclusive to Right wing militants, but there is enough evidence of it to suggest a pattern. So here is my pop psychology theory (which I shall call the “Psychosexual Theory of Extremism” in order to make it sound serious and give the impression that it is based on years of in-depth research): most Rightwing extremism has at its core a deeply rooted sexual origin, specifically manifest as sexual frustration translated into manipulable rage.

I am not sure which is worse, culture where sexual oppression is religiously condoned and institutionalised, or culture where sexual expression is by and large free but vacuous materialism and impossible to achieve post-modern notions of physical and social appeal combine in practice to limit carnal choices by the socially maladjusted or inept. And, whereas women tend to respond to feelings of social alienation by turning on themselves, men are more prone to act out their anger and frustration on others (I realise that I am generalising here so am happy to stand corrected).

Nothing I have said is new. The role of suppressed sexual desire in fostering rage that can be politically exploited is bound to be a constant in psychological studies of individual and collective violence. In fact, back in my days of working with unconventional warfare and counter-insurgency types, the joke was that many on the Left side of the extremist continuum joined in order to get laid (by other impressionable young militants) while those on the Right did so because they could not get laid even if their lives depended on it. That could well still be true.

Even so, it was my introduction to the incel crowd thanks to coverage of the Toronto murders and a conversation with an academic who thinks about such matters about the degree of misogyny and murderous anger expressed in incel circles that made me twig on the fact that they may well overlap with Alt-Right freaks and jihadi wanna-be’s much more than has been commonly acknowledged. Perhaps readers can illuminate me as to who has written in depth on the subject if that indeed is the case.

I cannot offer a remedy to the problem of sexual frustration leading towards violent extremism because the causal mechanisms are not simple and the remedies are not just a matter of finding girlfriends, boyfriends, prostitutes, spouses or partners. I do not know how to properly “channel”  the sexual rage of politically and socially reactionary angry males. So if anyone has ideas in this regard, feel free to share them because anything short of electroshock or forced conversion therapy that reduces the chances of such types going off the rails is worth trying.

In the meantime, beware the wrath of the blue-balled monsters.

On intelligence oversight, a broader perspective.

datePosted on 17:10, April 20th, 2018 by Pablo

The announcement that the Inspector General of Intelligence and Security (IGIS), Cheryl Gwyn, has convened an external Reference Group to discuss issues of intelligence agency oversight (specifically, that of the NZSIS and GCSB, which are the agencies under her purview) has been met with applause and controversy. The applause stems from the fact the Group is a continuation of her efforts to strengthen the oversight mechanisms governing New Zealand’s two most important intelligence collection and analysis agencies. The controversy is due to some of the persons who have accepted invitations to participate in the Group.

The Group is an unpaid, non-partisan collection of people with interest, expertise and/or background in matters broadly related to intelligence and security and their oversight. None are government employees, something that gives them freedom to speak frankly under the Chatham House rules established by the IGIS. The Group is a supplement to and not a rival of or substitute for the IGIS Advisory Panel, made up of two people with security clearances that have access to classified material and who can offer specific assistance on matters of operational concern. However, the Advisory Panel has had no members since October 2016.

The idea behind the Reference Group, which is modelled on a Dutch intelligence oversight counterpart, is to think laterally or “outside of the box” on matters relevant to intelligence oversight. Bringing together people from different backgrounds and perspectives allows Group discussions to gravitate towards areas of common concern, thereby eliminating personal agendas or extreme positions. And because the Group is made up of outsiders, it does not run the risk of becoming slave to the groupthink of agency insiders.

In contrast to the Advisory Panel, the Reference Group does not handle classified material nor discuss operational matters. Access to classified material or operational details is obviated by the fact that the Group’s focus is on the broad themes of accountability, transparency, organizational compliance and the balance between civil liberties (particularly the right to privacy) and the defense of national security as conducted by the lead intelligence agencies. These are matters of legality and propriety rather than operational conduct. And while similarly important, legality and propriety are not synonymous. Often what is legal is not proper and vice versa, and this is acutely the case when it comes to intelligence collection, analysis and usage. Since the IGIS does not oversea the NZDF and smaller intelligence “shops” such as those of the DPMC, Police, Immigration and Customs, the Group will only discuss issues relevant to oversight  of the NZSIS and GCSB.

Who are the members of the Group and why the controversy? The plurality of members are four public interest lawyers, three of them academicians and one an advocate for refugees. Two members are journalists. One is the Issue Manager for Internet NZ, one is the head of the NZ Council for Civil Liberties, one is a former Russian diplomat now serving as the Director of the Massey University Centre for Defense and Strategic Studies (CDSS), one is an economist who chairs Transparency International New Zealand and one is a private sector geopolitical and strategic analysis consultant.

Concern has been voiced about the presence of both journalists as well as the refugee advocate and the loyalties of the former Russian diplomat (although he has held positions at a US security institution as well as the NZDF-funded CDSS). The thrust of the contrary views about these and some of the other participants is that they are untrustworthy due to their personal backgrounds, professional affiliations and/or ideological orientations. An additional reason given for opposing some of the membership is that they have been strong critics of the SIS and GCSB and therefore should be disqualified a priori.

Others believe that the Group is just a whitewashing, window-dressing or co-optation device designed to neuter previous critics by bringing them “into the tent” and subjecting them to “bureaucratic capture” (whereby the logic of the agencies being overseen eventually becomes the logic accepted by the overseers or Reference Group interlocutors).

The best way to allay these concerns is to consider the IGIS Reference Group is as an external focus group akin to a Town Hall meeting convened by policy-makers. Communities are made of people of many persuasions and many viewpoints, and the best way to canvass their opinions on a broad range of subjects is to bring them together in a common forum where they can debate freely the merits of any particular issue.  In the case of the Reference Group the issue of intelligence agency oversight and, more specifically, matters of institutional and individual accountability (both horizontal and vertical, that is, vis a vis other government agencies such as the judiciary and parliament, on the one hand, and vis a vis the government and public on the other); transparency within the limits imposed by national security concerns; and the juggling of what is legal and what is proper, are all set against the backdrop of respect for civil liberties inherent in a liberal democracy. These are complex subjects not taken lightly by those involved, all of whom have track records of involvement in the field and who, given the terms of reference and charter of the Group, are acting out of a sense of civic duty rather than for pecuniary or personal gain.

The IGIS does not need political or agency authorisation to construct such a Group, which has no statutory authority or bureaucratic presence. As a vehicle for interest intermediation on the subject of intelligence oversight, it serves as a sounding board not for the IGIS but for the people on it. In that light, the IGIS has called the Group’s discussion a “one-way street” where participants air their informed opinions about agenda items agreed to in advance and in which the IGIS serves as a discussion moderator and takes from it what she finds useful. Expected to meet two or three times a year over tea and coffee, the Group is not likely to tax the Treasury purse and could well deliver value for dollar in any event.

Critics of this exercise and other forms of interest intermediation or external consultation betray their closet authoritarianism because such concertative vehicles are mainstays of policy-making in advanced liberal democracies. Be it the tripartite wage negotiation structures bringing representatives of the State, labour and capital together (even at the regional or local level), to consultative boards and other social partnership vehicles that connect stakeholders and decision-makers in distinct policy areas, the use of interest intermediation is an integral feature of modern democratic regimes (for an example of the breadth of issues addressed by intermediation vehicles, see Kate Nicholls, Mediating Policy: Greece, Ireland and Portugal before the Eurozone Crisis. London: Routledge, 2015.). To argue against them because of who is represented or because they are seen as inefficient talkfests that are a waste of taxpayer money is just a cloak for a desire to silence broad public input and dissenting views in the formulation of public policy. That may have been the case under the previous government but no longer is the case now.

One of the thorniest problems in a democracy is the question of what system of checks and balances keeps the intelligence community proper as well as legal. As the most intrusive and sensitive of State activities, intelligence collection, analysis and usage must be free from reproach on a number of grounds—conflicts of interest, partisan bias, foreign control, illicit activity or criminal behaviour, etc.—and must be accountable and responsive to the public will. The broadening of consultation intermediators between the NZ intelligence community and the public is therefore a step in the right direction, and for that reason the Reference Group is a welcome contribution to the oversight authority vested in the IGIS.

References: http://www.igis.govt.nz/media-releases/announcements/establishment-of-igis-reference-group/

http://www.igis.govt.nz/media-releases/announcements/reference-group/

Disclosure: The author is a member of the Reference Group. The views expressed are his own.

The political rope-a-dope.

datePosted on 12:39, April 10th, 2018 by Pablo

Older readers will remember the “Rumble in the Jungle” where Muhammad Ali defeated George Foreman for the heavyweight boxing title. Held in Kinshasa, Zaire in 1974, the contest pitted the undefeated champion Foreman, a beast of a man whose stock in trade was brutal early round knockouts of people such as Joe Frazier, Ken Norton and other contenders of the time (the uppercut punch that KO’d Norton earlier in 1974 actually lifted him off of the ground) against an ageing Ali, well past his prime after lengthy suspension when his concientious objection to the Vietnam War was ruled invalid and he was convicted of draft-dodging.

In the build up to the fight Ali pushed the line that he was going to take the fight to Foreman with his superior speed and agility. But Foreman and his trainers knew, based on the workouts Ali allowed the public and media to see, that his hand, head and foot speed were no longer what they used to be, and he could no longer “float like a butterfly and sting like a bee.” The Foreman fight plan was therefore simple: bear down on Ali, cut off escape angles and corner him in the corners and on the ropes, then expose and exploit his slowness in a ferocious and relentless beatdown.

As readers will know, that did not happen. Ali privately trained to absorb body blows and using the lax rules of the boxing federations sponsoring the fight, was able to get the ring ropes loosened to their maximum extent (which allowed up to 12 inches of slack from the bottom to the top rope). Come fight time, this allowed Ali to lean back against the ropes, absorb Foreman’s increasingly frustrated and reckless body blows while dodging the occasional head shot and in doing so conserve energy by not punching himself out in a toe-to-toe brawl.

 

By the eighth round Foreman had thrown hundreds of punches. He was staggering around the ring in pursuit of Ali and physically spent, punch drunk and arm weary from throwing jabs, roundhouses and uppercuts rather than taking them. Once his hands dropped and stayed at his sides Ali pounced, using a series of jabs and hard rights to knock him down and out. It remains one of the greatest sporting upsets–and spectacles–of all time.

I mention this anecdote because it seems to me that we are witnessing a variation on this theme in US politics today. Although it is blasphemous to say so, think of Trump as Ali, his civil and political opposition and mainstream media as Foreman, the courts as the referee and the Republican party and rightwing corporate and social media, including state-sponsored trolls and disinformation purveyors, as the ropes.

In a straight up contest between Trump and the US constitutional system of checks and balances, it would be no contest. The courts, Congress and independent media would prevent Trump from slipping the boundaries of executive responsibility, would hold him to account and would punish him when he transgressed. Given his background and behaviour, he would not make it out of the first round.

But in the US today he has a support cushion in the GOP and rightwing media. Like the rules governing the tension on boxing ring ropes, the strictures governing partisan behaviour and truth in reporting have been stretched to their limits. Every blow he is dealt by the institutional system–the “swamp” as he calls it–is absorbed and countered by a chorus of hyper-partisan hyperbole and media ranting about “fake news,” conspiracies and the “Deep State.” This allows Trump to deflect, weave, dodge and counterpunch his accusers, questioning their character, motives, looks and heritage as if these were somehow equivalent or worse than the activities he has and is engaged in. The courts can only enforce what exists on paper, and since what exists on paper regarding presidential conduct is predominantly an issue of norms, custom and mores rather than legal accountability, there are limits to what they can do as referees in battles between Trump and other institutions.

Put another way: Normally a wayward president could not stand toe to toe with the institutional system of checks and balances without taking a beating. But that assumes that the limits of executive power are codified in law and not subject to manipulation. This turns out to be untrue. Much executive power does in fact answer to the law, at least in terms of how presidential decisions affect others. But much of it is also a product of precedent, practice, custom and tradition, not legislation, particularly when it comes to the president’s personal behaviour. In turn, the limits of presidential behaviour has always rested on the assumption that the incumbent will honour the informal traditions and responsibilities of office as well as the nature of the office itself, and not seek to manipulate the position for pecuniary and political self-advantage and/or personal revenge.

Trump has done exactly that. He regards the presidency as a personal vehicle and has disdain and contempt for its traditions and norms. He realises that he can play loose with the rules because the political constraints that bind him have been loosened by his corporate, congressional  and media supporters. He and his allies are willing to play dirty and use all of the tools at his disposal to thwart justice and destroy opponents.

This is the great irony of US politics. For a country that provides itself on constitutional protections and the “rule of law,” the framework governing presidential behaviour is little more than the ropes on a boxing ring.

For those interested in a return to civility and institutional norms this is problematic but is not the only thing that parallels the “rumble in the jungle.”  Like Trump’s attacks on those investigating him in the FBI and Justice Department, for months prior to the fight Ali poisoned the well of good will towards Foreman. Ali lost his prime fighting years to the suspensions levied on him by boxing associations after he refused to be inducted into the US Army in 1967. Although he never spent time in jail and became an icon of the anti-War movement, he resented the five lost athletic years and those who profited by stepping into the ring during his absence. He particularly loathed Foreman, who he considered to be the white man’s favorite because of his quiet, polite and compliant demeanour out of the ring. He publicly labeled Foreman an “Uncle Tom” and “House Negro” who turned his back on his fellow people of color. Although none of this was verifiable, Ali’s charges resonated beyond boxing circles.

When Ali arrived in Kinsasha he held public training events that were part sparring, part evangelical preaching. He railed against colonialism and imperialism, averred his faith in Islam, lauded African nationalists like Mobuto Sese Seko, then-president of the host country Zaire (and not one known for his affinity for democratic rights), and generally carried on like a bare-chested revolutionary in shorts and gloves. Foreman, for his part, stayed quiet, trained mostly in private and had his handlers speak for him. When they entered the ring on that storied night, the 60,000 strong crowd crammed into the national stadium was overwhelmingly on Ali’s side.

Perhaps Ali’s mind games were designed to help sway the judge’s decision in the event that it was close. Perhaps it was to intimidate Foreman himself. Whatever the motive, there is a parallel to be drawn with Trump’s attacks on his critics and investigators on Twitter, at press conferences and at campaign-style rallies. His ranting serves to raise public suspicion about the critical media and federal law enforcement much in the way Ali’s insults about Foreman had the effect of raising questions about his ethnic identification and personal integrity, something that eventually turned African opinion against him. Could the same happen with Trump’s support base and undecided voters in the US?

It is too early to tell if Trump’s “rope a dope” political strategy will see him triumph over his adversaries. But that leaves pending an open question: is there a person out there that can play Leon Spinks to Trump’s Ali? And if so, is that person named Robert Mueller, or could it turn out to be Stormy Daniels?

One thing is certain. Trump is a big fan of the WWE and likes to fancy himself as a tough guy willing to take on all challengers. However, in this contest, unlike the WWE, the outcome is not pre-determined and the blows are both real and far from over.

New Zealand goes it alone.

datePosted on 18:47, March 28th, 2018 by Pablo

The New Zealand Labour government’s refusal to join international collective action against Russia over the nerve agent attack in the UK on former spy Sergei Skripal is perplexing. The 27-nation solidarity coalition expelling Russian diplomats and intelligence officers from their soil includes all of New Zealand’s major security partners as well as important trade counterparts. New Zealand is a member of the 5 Eyes signals intelligence collection and sharing network including Australia, Canada, the UK and the US, so it has better knowledge than most as to what evidence the UK has to indicate that Vladimir Putin’s regime ordered the hit on Skripal. New Zealand is an extra-regional NATO and EU associate, and like the majority of the members of the coalition, it is a democracy. New Zealand fashions itself as a good international citizen and honest broker in international affairs, so it seems odd that it would not join its closest diplomatic interlocutors in what is largely a symbolic gesture of repudiation of Russian misbehavior abroad.

The decision was made all the more quixotic by Prime Minister Jacinda Ardern’s claim that there are “no undeclared Russian intelligence operatives” in New Zealand and hence there was no need to expel anyone. She claimed to have assurances from the Ministry of Foreign Affairs and Trade (MFAT) that was the case, even though MFAT has no counter-intelligence function nor the ability to ascertain who is and who is not a Russian intelligence officer, declared or undeclared (that is the job of the Security Intelligence Service (SIS)). She later changed her story to saying that her advice did in fact come from the SIS, but without acknowledging her original misstatement (which happened during a RNZ interview so is recorded for posterity). Her repeated comments that if there were such spies in New Zealand they would be expelled produced derisive headlines around the globe but more importantly, raised questions about her competence when handling security matters.

Discussion in New Zealand about the issue has been muddled by the PM’s remarks. The minor aspect of the story is about whether there are Russian intelligence operatives in NZ and whether they should be expelled. The answers to that are “yes” and “possibly.” “Possibly” depends on the answer to the major aspect of the story: the reasons why NZ decided not to join the so-called “expulsion coalition.” I shall focus on the latter but suffice it to say that all of the 150 Russian personnel expelled by the coalition hold diplomatic passports so by definition are not working undercover as spies without diplomatic immunity. Nor were all of those expelled intelligence officers working under official cover (i.e. with diplomatic immunity).

The detour into what constitutes an “undeclared intelligence agent” was unnecessary and unhelpful in clarifying the reasons behind NZ’s decision to reject the UK request to join it in repudiating the Russian assassination attempt. That reasoning continues to remain unclear at present. Claiming that the decision to not adhere to the collective expulsion action is because there was no one who met the definition of “undeclared intelligence agents” operating in New Zealand is a diversion from the underlying rationale because it puts the focus on the instrumentalities of response rather than the reasons for it.

So why has New Zealand chosen to isolate, or perhaps better said, alienate itself from its traditional allies and major security partners? To be sure, members of the coalition have their own histories of foreign skullduggery and intrigue, to include extrajudicial killings abroad. Moreover, diplomacy is often no more than hypocrisy masquerading as self-righteousness standing in defense of principle. Perhaps the Labour government wants to give the lie to the posturing of its most important allies.

Even so, pragmatic assessments usually inform foreign policy decisions, particularly those involving choosing sides in international disputes. That is particularly true for small states when confronted with the demands of quarreling powers to take a position in favour of one side or the other. This “Melian Dilemma” is an unavoidable part of being small in a world dominated by competing great powers, so Lilliputians such as New Zealand usually think long and hard before taking an unpopular stand—particularly amongst its friends.

New Zealand’s decision not to participate in the solidarity coalition was made in the face of a direct request from the May government and in spite of the fact that the collective action is largely symbolic. Although Russian intelligence operations will be adversely affected in places like the UK, US and Germany, many of those being expelled are “normal” diplomats who can be recalled at some future date. So the downside to joining the coalition would seem relatively small even with Russian threats of retaliation, and the upside in terms of being seen to be a good diplomatic partner that supports international norms could well outweigh whatever the Russians can respond with.

Perhaps there lies the explanation. New Zealand’s foreign policy in recent years has been trade obsessed and speculation has it that members of the foreign policy establishment see the possibility of advancing a bilateral free trade agreement (FTA) with Russia in the vacuum left by the trade sanctions levied on it in the wake of the Ukrainian invasion and annexation of Crimea. New Zealand and Russia opened talks on trade before the sanctions were imposed, then suspended them afterwards. Official advice from the foreign ministry is that violating the sanctions regime to try to exploit a possible window of opportunity vis a vis Russia is counterproductive at best.

But talk in Wellington is that some in the Labour-led government are keen to resume negotiations, so taking a contrary stance on response to the nerve agent assassination attempt is a means of currying favour with Putin at a time when other competitors are not. Given that Foreign Minister Winston Peters has questioned claims that Russia was involved in the shoot-down of the Malaysian airliner over the Ukraine, or that it interfered in US and European elections, and has refused to name Russia as the perpetrator of the attempted Skripal hit, what once seemed to be an unhinged rationale for resuming bilateral trade negotiations is now being given credence.

It is also possible that Labour is attempting to stake out its “independent and autonomous” foreign policy credentials after nine years of the previous government’s rapprochement with the US and the other Five Eyes partners. Given the animosity felt towards Donald Trump (and to a lesser extent Teresa May) amongst Labour supporters as well as those of its coalition partners (New Zealand First and the Green Party), this is a way of playing David versus Goliath(s) for domestic audiences.

New Zealand could also be signalling the international community. After all, over 140 nations did not sign up to the collective action, including major trading partners in Asia and the Middle East. No Pacific Island nation (other than those represented by France, the UK and US) signed on to the deal. So in terms of demonstrating its sovereign resolve to remain out of great power conflicts when and where possible, this Labour government may be channeling the spirit of independence championed by David Lange during the 1985 nuclear showdown.

And yet, pragmatic assessment of the situation would advise the Labour-led government to address the short and long term costs and benefits of alienating its most important foreign partners by refusing to join in the symbolic repudiation of Russia. By any objective measure, to include the possibility of securing bilateral trade with Putin’s regime, the costs of doing so will clearly outweigh the benefits even if it does not interfere with the daily business of intelligence sharing and military cooperation with the Five Eyes and other security partners.

On the other hand, virtue signalling its independence may garner New Zealand some favor with those outside of the “exclusion coalition” as well as domestic audiences. The play is both short and long-term in nature, with the question being will a short term move of this sort translate into longer term benefits or losses.

In the diplomatic world the shadow of the future hangs heavily over present decision-making. Sequels are uncertain and memories are elephantine in nature. The consequences of being shortsightedly contrarian are determined not by the contrarian but by those refused support on a matter of international consequence and foreign policy alignment. On the other hand, standing up to great power partners may risk the wrath of those slighted but win broader appeal among those in the global community who are averse to the machinations of the mighty.

With that in mind the question remains: what exactly were the reasons for this move and what does the New Zealand Labour government expect to gain from its contrarian (even if principled)  stance?

A shorter version of this post appears in The Guardian on line, March 28, 2018.

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