Postscript: Citizenship Granted.

datePosted on 12:03, January 15th, 2020 by Pablo

I am pleased to say that I have been granted NZ citizenship. I need to do the ceremony for things to be official, but the application was a success. I now join my son as a dual NZ-US citizen.

To be fair, very little will change other than the fact that I can now run for political office, apply for a government security clearance or for a public sector job requiring one, and will need to get a passport so that I can travel unencumbered to places where my US passport is viewed with distrust or hostility. I do not plan to run for office but given the nature of my work the eligibility for clearances and a passport could be of great benefit.

And for those who still wonder how I can swear loyalty to the Queen, that is easy. The oath is to declare loyalty to the “Queen of New Zealand” and since she lives in my house, I am doing it anyway. :-0

A good moment for one Kiwi family.

Note:

I penned a series of tweets on the consultancy page offering my thoughts on the Soleimani assassination. I have decided to gather them together, add some more material, and edit them into a blogpost. Here it is.

The US drone strike in Baghdad that killed Iranian Quds force commander Gen Qassim Soleimeni, a leader of the Iran-backed Iraqi Shiia militia Popular Mobilization Forces (PMF) and others is an ominous portent of things to come. This is a major US escalation born of miscalculation because if nothing else, Iran must respond in kind. “In kind” does not mean some form of direct military response. What it means is that the response will be costly for the US and very likely lethal for some of its citizens (not all in uniform).

Iran has to do so or look weak both domestically and in front of regional adversaries. It has direct and indirect means of retaliation against US interests world wide, and it has US allies as potential targets as well. The issue for Tehran is whether it wants to respond in kind or lose face. It cannot afford to lose face.

This is how wars start. By error. Given that miscalculation is at the heart of what is known as the “security dilemma” and a major cause of war, why would the US engage in such brinkmanship? Was it presidential hubris? Could it be a distraction from impeachment? Have all contingencies been gamed by the Pentagon and the costs accepted? What is the end game envisioned by the US? Because global costs in this case are certain, whereas the outcome is not.

Before continuing, let’s first dispense with the arguments about whether Soleimani’s killing was legal or justified. For all the talk about norms, rules and mores in international relations, states ultimately do what they perceive it is in their interests to do and their ability to do so is determined by their relative capabilities vis a vis other states. That includes targeted extra-judicial killings across international borders. But being able to do something, even if the doing is legal, does not mean that it is necessarily appropriate or beneficial. Soleimani may or may not have been a legitimate military target (as the US argues), but his death is a very serious provocation at a minimum and at worst a precipitant to war. It includes Iraq as well as Iran in the equation, and given the posturing by Israel and Saudi Arabia (two of the few states that welcomed the killing), it could involve them down the road as well.

Whatever the case, let’s also rebut the demonization of the Quds force commander and place his history in proper perspective.

Qasem Soleimani was the equivalent of a special forces general in Western military organizations. He commanded the Quds Force, the clandestine, unconventional warfare arm of the Islamic Revolutionary Guards Corps (IRGC). He was not the only IRGC general but he was primus inter pares amongst them and a revered figure in Iran. Think George Patton, Douglas McArthur and Dwight Eisenhower rolled into one. Having risen through the ranks on the basis of intelligence and bravery in battle, his mission was to fight, via covert, irregular and indirect means, all enemies of the Islamic Republic. To that end he was a loyal servant of his faith and his country, just as many honoured Western military figures have been in their homelands.

Soleimani was tasked with fighting Iran’s enemies and defending its geopolitical interests. Iran’s enemies include the US, Israel and the Sunni Arab oligarchies that are the West’s “friends” in the Middle East. Iran’s interests include consolidating its sphere of influence in places where Shiite populations are significant, to include the Levant (Lebanon and Syria), Afghanistan, Iraq and Gulf states. It has an interest in undermining Israel and the Sunni Arab oligarchies. It has an interest in confronting the US military presence in the Persian Gulf and rest of the Middle East. It aspires to reclaim its place as a major regional power in the face of these adversaries.

To that end Soleimani cultivated proxies across the world, including Hezbollah, Hamas, a number of Shiite militias in Iraq and Yemen, and off-shoots in such distant places as Venezuela and Paraguay. These proxies were tasked with a number of unconventional missions, including support for the Assad regime in Syria, attacks on Sunnis and occupying forces in post-invasion Iraq, and attacks on Israeli interests world-wide. He and his proxies were and are devoted adversaries of Sunni Wahhabist/Salafist al-Qaeda and ISIS, to the point that the US provided air cover for the Iran-backed Shiia militias in Iraq during the war against their common foe. Read that again: at one time the US cooperated in combat with Soleimani’s allies in Iraq in the fight against ISIS.

It is true that the Quds Force trains, equips, supplies, technically and tactically aids and funds irregular warfare actors that use terrorism as a tactic. It is true that Iran-backed Shiia Iraqi militias killed occupying US troops via ambushes and IED attacks in order to hasten their departure from that country. It is true that these militias have committed atrocities against civilians, including market bombings in Sunni dominant areas of Iraq and Syria. But it should be remembered that the Sunni Arab world is not above such things, and the US has a sorry history of aiding, equipping and funding rightwing death squads throughout Latin America and elsewhere (anyone remember the “Contras?” They were, after all, an irregular militia attacking the Sandinista regime in Nicaragua). It is also true that the US killed thousands of civilians in Iraq and Afghanistan in its self-proclaimed “war on terror” (sic).

It is therefore a bit precious of the Trump administration to talk of Soleimani as if he was Hitler’s twin. He was ruthless, to be sure. But in that regard he was no different than most any other professional special operator, especially when the proxies that he helped organize and equip had and have considerable degrees of operational autonomy in the areas in which they are located (because tactical flexibility is a key to guerrilla warfare success). 

Mention here of the sins of others is not about “whataboutism.” It is about the reality of Soleimani’s profession. So let us return to the circumstances and consequences of his death.

The Pentagon statement that Soleimani was killed “at the president’s direction” implies a desire to distance the military from the decision to strike. Also, Trump falsely claimed that Soleimani was responsible for terrorist attacks “from London to New Delhi.” That is a distortion of the truth.

The vast majority of Islam-inspired attacks over the last three decades were committed by Sunni extremists, not Shiites. Although Iran was behind the bombing of the Israeli Embassy and Jewish Community Centre in Buenos Aires in the 1990s, attempted a revenge attack in San Diego on the captain of the US destroyer that downed an Iranian airliner that same decade and targeted Israelis in places like Thailand in the years that followed, it has been very careful in its operational focus, concentrating primarily on the region in which it is located. In contrast, terrorist attacks in Bali, Spain, London, France, Russia, India, Pakistan and the Philippines, to say nothing of the US, have all been the work of Sunni extremists supported by governments that are ostensibly friends and allies of the West. Given the silence that is directed towards these governments by the likes of the US, the claims that Soleimani and Iran are the greatest sponsors of terrorism in the world is a classic case of selection bias (at best) or rank hypocrisy (at worst). 

In any event, there was something odd about how the US revealed how Soleimani was killed. The Pentagon normally does not refer to POTUS when describing extrajudicial assassinations, even though the president must authorize all strikes against high value targets (an Obama-era order that remains in place). It also does not go into long elaborations justifying why the targeted person was killed. Taken together, this suggests that the move was made out of impulse, not reason. In fact, it seems that the president acted against command advice and that the US military followed orders in spite of reservations, and now the spin is on justifying the strike.

The real test comes when the Iranians respond, which will likely be unconventional, irregular, asymmetrical and prolonged. This is not going be a quick conventional war, as the Iranians understand that the way to defeat the US is to not go toe-to-toe in a conventional force-on-force confrontation. Instead, the best strategy is to employ a “death by a thousand cuts” global low intensity blood-letting campaign that saps not only the resources of the US military but also the will of the US people to support yet another seemingly endless war without victory.

Perhaps Trump’s advisors thought that a decapitation strike on Soleimani would paralyze the Quds Force and IRGC and intimidate Iran into submission. But a public signature strike rather than a covert operation removes plausible deniability and forces Iranian retaliation if it is not intimidated. Iran does not appear to be intimidated.

It is said that resort to war demonstrates the failure of diplomacy. The US “termination” of Gen. Soleimani may be a case of leadership incompetence leading to miscalculation and then war. There were options other than targeted killing by drone strike. There are overt and more subtle kinetic options if really necessary (the imminent threat argument trotted out by the White House and Pentagon is already crumbling under scrutiny). There are indirect means of demonstrating to the Iranians the folly of pursuing any particular course of action. But instead, a blunt instrument was used.

It is now clear that the US was tracking Soleimani for a while and was well aware of his movements and routine, to include trips to Syria and elsewhere. His planes were monitored. His convoys were tracked. His temporary quarters while traveling where known. His communications appear to have been monitored. There has been plenty of occasion to kill him and plenty of other places and means in which to do so without having to resort to a public display of force in the middle of Baghdad. He could have even received blunt warning–say by thermal gun sight imagery of his vehicle or abode–that he was in cross hairs. If it came to that, any attack on him that was not immediately attributable to the US would provide plausible deniability and tactical cover even if Iranians knew who did it, therefore making it harder for them to retaliate even if the message–whatever it is supposed to be–was received. Now, regardless of message, the Iranians know precisely who to blame.

Whatever the more nuanced options, Trump needed a showcase for his hubris, so a drone strike it was. In fact, this appears to be yet another act of bully-boy intimidation rather than a measured response grounded in a larger strategy. Even if the US had warned Iran about not having its proxies storm US diplomatic installations, specifically referencing the US embassy seizure in Tehran in 1979 and the 2012 attack on the US consulate in Benghazi, Libya before the storming of the US embassy in Baghdad last week, there were other ways of getting the message across without running the risk of escalation into war.

There is irony to the immediate sequels of the attack on the Quds Force commander. Follow-up US airstrikes on PMF militias may be designed to degrade their capabilities but are too little and late. The PMF is well-established and in fact is a para-military arm of the Iraqi government. Yes, you read that right. The PMF, which is mostly Shiia in composition but which includes some Sunni elements, acts as an armed agent of the Iraqi state. It is comparable to the colectivos in Venezuela and Turbas Divinas in Nicaragua– armed mobs that are used for domestic repression as much as for sectarian or anti-foreign violence. The signature drone strike was therefore an attack on an Iraqi government ally on Iraqi soil without its consent (or even forewarning, for obvious reasons). All of which is to say: If the Iraqi government now orders US out of Iraq in the wake of Soleimani’s murder because it violated the Status of Forces (SOF) agreement between the two countries, then the drone strike backfired.

That is because Iran then has an open field in which to exercise its influence in Iraq without a US counter-presence. Or, the US will be forced into another armed quagmire in a country where it is hated by Sunni and Shiia alike. It is therefore time for someone in Washington to get real about the consequences beyond Iranian retaliation.

As for Iranian retaliation, Trump threatens to have 52 pre-selected targets in Iran, including “cultural sites,” ready to be struck if Tehran does anything that results in US deaths (striking at cultural sites with no military significance is a violation of the laws of war and a possible war crime). But what if Iran strikes at allies? What if Russia sends troops to safeguard some of those target sites (Russia is a military ally of Iran and Russian troops fight alongside IRGC troops in Syria)? What if China (a supplier of weapons to Iran that has a base and warships in the region) also sides with Iran in the events things escalate? What happens if non-attributed but seemingly related attacks happen in the US but cannot be directly linked to Iran? The range of possible sequels makes all bluster about follow up strikes on Iran both reckless and hollow. Unless, of course, Trump has finally lost all sense of reason and no one in his entourage or the US security community has the courage to stop continuing his madness.

That brings up the calculus, such as it is, behind Trump’s order to kill. Perhaps he thinks that this will stave off the impeachment hearings while Congress argues about whether he should invoke the Wars Powers Act (WPA). He does not have to immediately request a WPA resolution but already Democrats have obliged him by arguing about not being consulted before the strike and about how he needs to justify it in order to get congressional approval. There is bound to be some dickering over the legal status of the drone strike but ultimately what is done is done and no post-facto amount of arguing will change the facts on the ground. Be that as it may, the impeachment process might be delayed but will proceed.

Trump undoubtably feels that this action will make him look decisive, bold and tough and that it will will shore up his MAGA base while attracting patriotic citizens to his war-mongering cause in an election year. The trouble is that the elections are 10 months away and the US military is exhausted from two decades of endless wars. Sending more ground troops to the Middle East only depletes them further. The US public is also disenchanted with wars with no resolution, much less victory, in places that are far away and which are not seen as the threat Washington makes them out to be.

If the US could orchestrate an air-sea battle with Iran that settled their differences, that would be another story. But that is not going to happen and is why the US is already sending land forces into theatre. This will be a multi-tiered low intensity conflict without defined borders or rules of engagement.

Iran knows all of this and will play an indirect long game. It will look to fight a war of attrition in which the will of the US public will be targeted more so than the capability of its military. It will endeavour to exact a death by a thousand cuts on the American psyche and its desire for war.

That makes Trumps bully boy assassination strike a triple miscalculation: a) it will not necessarily save him from the impeachment process and further adverse legal proceedings; b) it will not guarantee his re-election; and c) it will escalate the confrontation with Iran in unforeseen directions, with unexpected but surely negative consequences for US interests in general and for himself personally. The law of unintended consequences will prevail.

Perhaps there is a silver lining after all.

Seasons Greetings and Happy New Year.

datePosted on 14:16, December 31st, 2019 by Pablo

I hope that all readers have had a good festive season and are headed into a healthy, happy and productive New Year. 2019 was a relatively consistent and quiet year at KP, as befits a niche political blog. 39 posts this year, including three by Lew on the gun buy back (some the most informed commentary on the post 15/3 gun law reforms has come from Lew). Some months were slow, with just one post, while most months averaged between two and four posts, the high being seven in February (in other words, just over three posts per month). We averaged around 2500 page views per month and got a pretty steady flow of comments from regular and new readers, having now passed the 2,800 comment mark from over 930,000 page views.

Since I do most of the posting the topics reflect my interest in international relations, comparative politics and international security and intelligence. I did write about more domestic-focused subjects such as the NZDF, the Royal Commission of Inquiry into the Christchurch terrorist attacks, the misogyny of the NZ Right, the implications of Rocket Lab’s military payloads, Simon Bridge’s silliness, Mark Taylor’s desire to return to NZ, Anne Marie Brady’s problems with the PRC, Huawei as a potential arm of PRC intelligence, the Christchurch attacks and backlash to it from rightists, the cloaking of hate speech in the mantle of free speech, and the decline of small-d democracy in NZ and elsewhere. I also celebrated the ten year anniversary of KP’s first post in January 2009.

As for foreign affairs, I wrote about the Venezuela crisis (twice), the US (and its relations with various places), Argentina (on the use of torture there) Hong Kong (protests as collective action), Israel (as a limited democracy), Iran (as a regional power) and Sri Lanka (terrorist attacks). I wrote about the global protest movement, coming resource wars, the fallacy of the so-called “proximity” argument, xenophobia and racism, legacy versus speculative investments, trade versus security (with regard to NZ-PRC-US relations), and the “post-truth” moment that we are living. Underprinning all of these posts was an orientation towards democratic theory, strategic analysis and comparative research methodology, as one would expect from someone with my training, background and interests.

Most of KP readers know the rules of engagement and respected them. A lot of the comments made by were thoughtful, well-grounded and informed, for which I am thankful. There were the usual cranks (hat tip to Paul Scott) but in the main things were kept pretty civil. I did get visited by a pro-PRC troll when I wrote about the PRC and Anne Marie Brady, and he is the fellow who (I will say likely just to be polite) tried to undermine my citizenship application by making false allegations about me to the Department of Internal Affairs. No worries for me, but potentially big worries for him since there are ways that even I can track people who write to this blog (that includes those who use so-called “masking” sites), and government agencies do not take kindly to having their resources wasted by false allegations made by people with dubious foreign connections themselves.

All in all it was a good year for KP. We shall see if it keeps rolling along. I have some health matters to attend to in 2020 that may take me out of circulation for a while and there is no one to pick up the slack. Assuming that all goes well on the health front I will potter along as I can, as there will be no shortage of topics to discuss.

One thing that I can guarantee, though, is that I will not engage in the type of intergenerational warfare (“OK Boomer”) and reactionary/woke nonsense (recently associated with some pathetic old white guys turning magazine and books upside down because they have a powerful woman’s face on them). In a world where refugees are dying in droves trying to reach safe haven, only to be caged upon arrival (be it in Samos or San Antonio), and where the gap between rich and poor widens while global temperatures rise, protests rage and ongoing wars of convenience and opportunity demonstrate the powerlessness of international norm enforcement, I have better things to do in a blogpost than write about petty trivialities.

Feliz Ano Nuevo and Happy New Year to all! See you next decade.

It should be obvious by now but let’s be clear: The same folk who regularly traffic in disinformation, misinformation and “fake news” are also those who most strongly claim that their freedom of expression rights are being violated when moves are made to curb hate speech (as opposed to protected offensive speech). They lie, they mislead, they conspire and they subvert, only to whine when they are called out on their prejudice and deceit.

That is what might be called message “cloaking” or “masking:” using the legal protections of democracy in order to undermine it from within via propaganda and psychological operations designed to confuse, divide and accentuate extant social cleavages, or what right-wing extremists call “acceleration.” This harks to old Marxist-Leninist notions of exacerbating social contradictions, although for Marxists these are class based in capitalist societies whereas the alt-Right sees race and ethno-religious differences as the main fault lines to be exploited (precisely because capitalism is seen to aggregate ethnicities into socio-economic classes, thereby diluting the racial or ethno-religious basis of “proper”–read: Anglo-Saxon–governance).

Ironically, the alt-Right and white supremacists share Lenin’s view that democracy is “capitalism’s best possible political shell,” and they, like him, see it as an impediment to “pure” government (be it of the workers or of a chosen racial or ethnic group, respectively). Lenin believed that democracy blinds workers to their common interests because of the false promise of choice offered by the universal vote. Conversely, Alt-Right adherents and white supremacists believe that democracy (both in terms of the right to vote and in legal protections for minorities, etc.) gives too much power to “inferior” or “replacement” groups, thereby impeding merit-based efficient (read: White) governance. Perhaps both are right.

All of this happens in a context where public cynicism about political elites runs deep in both mature and emergent democratic societies. Venality, corruption and instrumental opportunism are rife throughout the so-called ‘free” world, leading to disenchantment and anger towards “the system” as a whole. This creates the space where conspiracy theories, false alternative narratives, fear-mongering, scape-goating and other deliberate distortions of the truth take hold in the collective consciousness. Some of this is at play on the Left side of the political spectrum but the majority of notions about the existence of a (presumably homogeneous in outlook and transnational in manifestation) Deep State, climate change being a hoax, 9/11 being an inside job, etc. come from the Right, harking back to previous incarnations of paranoid fantasies like those of the John Birch Society and various anti-Semitic cults that see Jewish control behind every major social organisation. In fact, pushed by social media connectivity, new and old Rightist tropes have merged into a particularly nasty amalgam of hate and manipulated ignorance.

The convergence of hate speech enthusiasts, climate change deniers, bigots, xenophobes and assorted conspiracy mongerers has been facilitated by social and alternative media platforms, which has given them common ground and global reach. They fight vigorously to defend their “right” to voice retrograde views while working equally as hard at propagating all sorts of subterfuge and stupidity in pursuit of their ulterior motives.

The saddest part is that this syndrome has seeped into mainstream politics throughout the democratic world, with Right-oriented parties now adopting both dis-and misinformation campaigns and “cloaking” as political tactics. National-populist parties provide the most obvious example, but one only need to look at the GOP in the US or the ACT and National parties in NZ to see how this seepage works. If I was uncharitable I would call it the “Trump tactic dispersion effect:” lie, deny, invent, obfuscate and obstruct in pursuit of partisan and personal gain without regard to the negative impact it has on the political system as a whole. The GOP is too far gone to recover from its MAGA infection, but the NZ Right parties need to be called out on their attempts to model some of their tactics on Trump’s approach and those of the alt-Right.

The irony is that the major beneficiaries of this dispersion effect are authoritarians, both those internal to the societies in question as well as the foreign despots who see utility in the weakening of democracy world-wide (and who therefore encourage and support disinformation/cloaking efforts globally).

After all, the deadliest thrusts of sharp power are into soft targets.

The cost of a range clearance.

datePosted on 08:09, November 20th, 2019 by Pablo

It has been revealed that firing ranges used by the NZDF while deployed to the Provincial Reconstruction Team (PRT) in Bamyan Province, Afghanistan, contained unexploded ordnance that caused numerous deaths and injuries after the NZDF withdrew the PRT in April 2013. In 2014 seven children were killed when an unidentified high explosive device detonated after they brought it back to their village. In the five years following the NZDF withdrawal seventeen people were killed and several dozen injured by unexploded munitions they encountered in and around the five firing ranges used by the PRT during its 12 year mission in Bamyan. While all of the ranges were used for small arms training, two, the Beersheba and Dragon ranges, also were used for training with high explosive rounds, including grenades, shoulder fired mortar shells/rocket propelled grenades (RPGs) and armour piercing heavy caliber bullets. It was near the Beersheba range where the children found the munition that killed them.

The NZDF claims that it had cleared over ten tons of unexploded ordinance from the Bamyan ranges before it left the province. This was done early in the PRT tour because the ranges had been used by Russian, US and Afghan forces in the years before the NZDF arrived, and the concern was the safety of NZDF troops when using those ranges. After the NZDF left, it contracted with the Afghan Directorate for Mine Action Coordination (DMAC) to have contractors clear the ranges. In October 2013 this was supposedly done, to what the NZDF calls an Afghan government approved standard.

After the children’s deaths the standard was lifted to a UN approved level. From then on negotiations were enjoined to determine who should do subsequent clearing of the ranges, what the costs would be and when they should begin. In 2018 the NZDF agreed to pay US$10 million into a fund operated by the UN for employing explosive ordinance disposal (EOD) contractors to engage in follow up clearance of the ranges. The delay in agreeing to the payment was differences between the NZDF/MoD and the US Department of Defence (DoD) over the cost of the job. If I understand correctly what the NZDF has said on the matter, the US wanted NZ to pay US$48 million for clearing all of the Bamyan ranges, whereas NZ wanted to pay much less and only help clear the Beersheba and Dragon ranges. The US$ 10 million dollar sum appears to be the cost of the latter. The key thing to remember here is that while people were being killed and injured by ordinance on those ranges, the US and NZ were arguing about the cost of clearing them.

The NZDF claims that the contractors who did the October 2013 clearance were approved by the Aghan government. The raises questions about the tender and contract-letting process. Who were these contractors? Did the NZDF have any say in their approval? How was the handover between PRT EOD personnel and the contractors handled (since the NZDF EOD operators would have had maps of the ranges that indicated where they had cleared unexploded ordinance fired by NZDF troops as well as any incidental unexploded ordinance (UXO) found on them)?

The October 2013 range clearance done by the contractors was of a type known as a “surface clearance.” As the name implies, this means visually inspecting the range for any unexploded ordinance lying on the above-ground surface. This might include inspections under loose rocks and on slips or crevasses in the mountainous terrain of the area.

The NZDF has made the accurate point that given the amount of ordinance fired on the ranges over the years by multiple armed services from several countries, it is near impossible to determine if the munitions that are killing and injuring people came from the NZDF or another military. That would require shell fragments, explosive residue or other evidence of source, none of which is available. The NZDF notes that in terrain like that of Bamyan, with weather like that of Bamyan, unexploded rounds can last and lie undetected for years and be carried out of the ranges by landslides, snowmelt, floods and other natural events as well as people. The latter point is not as silly as it might seem: in countries such as Afghanistan scrap metal scavenging is an important source of income for impoverished communities, and firing ranges are a treasure trove of scrap metal in the form of bullet casings and other metallic debris of war. For children, some of this debris is an irresistible toy. For all who tread there by choice or innocence, venturing onto an inactive firing range is an invitation to disaster.

What the UN standard of range clearance demands, and what the US and NZ were negotiating about, is what is known as a “subsurface clearance.” This requires the use of metal detectors and other means of locating live explosive objects underground, usually up to depths of two meters given the munitions (such as those of the NZDF) used on the ranges. This raises several questions.

Knowing that it had fired three types of high explosives on the Beersheba and Dragon ranges (some of which were duds) and knowing that some of them were capable of penetrating into the ground rather than just ricochet off of the surface, why did the NZDF agree to a surface clearance even if it conformed to an Afghan government standard? Was it told that the initial clearance would be subsurface in nature only to have that changed to a surface clearance after it left, or did it assume that a subsurface clearance would be the case? One would think that as part of the handover and contracting process with regard to the post-PRT range clearances the NZDF would have informed DMAC about the presence of unexploded high explosives on those ranges and in return be provided with explicit knowledge of what type of clearance would be conducted in October 2013. If it agreed to a surface clearance knowing that it had potentially unexploded ground-penetrating high explosives on the ranges, then that would be a dereliction of its duty of care to the civilian population of the area.

One also has to ask about the role of the Afghans. After the NZDF withdrew from Bamyan, who gained control over the ranges? The Afghan National Police (ANP), the Afghan National Army (ANA), the DMAC or some other government entity? Were the ranges sign-posted and/or fenced off? Or were the ranges left open? Whatever the answer, there appears to have been some serious dereliction of duty on the part of those who inherited control of the ranges after the NZDF left.

Under Protocol Five of the UN Convention on Certain Conventional Weapons (CCW), countries are responsible for disposing of the Explosive Remnants of War (ERW) after they leave the area in which they operated. The responsibility is not legally binding and often ignored, but is the likely reason why the US and NZ negotiated the second round of range clearances with the UN Mine Action Service (UNMAS). That is important because in effect, the responsibility to “clean up” does not end when an armed organisation leaves an area–the issue is not about present control but of past usage.

To be clear: NZ has no enforceable legal liability for leaving subsurface UXOs uncleared after it abandoned the Bamyan PRT, even though the NZDF was aware of the possibility of their existence. Those UXOs were likely not fired from NZDF weapons but given the history of the ranges, the NZDF was quite likely aware of their presence simply because US forces had used the ranges and very likely mapped them out for their own protection, then handed them over to the PRT as an allied ISAF force.

The NZDF did have a moral-ethical responsibility to consider the non-combat consequences of leaving the ranges cleared to a surface standard given what had been fired in them. Since the stated purpose of the PRT was about nation-building, hearts and minds and the rest of that mission palaver, it seems that something got lost at the end.

None of that matters. According to the UNCCW protocol five on ERW, the NZDF and NZ government were obligated by international convention to assume responsibility for the initial and subsequent range clearances. That the NZDF failed to do so in the initial tender and handover to the first post-deployment EOD contractors, and that it took five years to negotiate a price for its participation in the obviously necessary follow-ups to what was clearly an inadequate job in October 2013, tells us something about the value placed by the NZDF on the lives of Afghanis, including their children.

Prime Minister Ardern said that she was first informed of the issue in 2018 and now, after the matter became public, has told the NZDF that it has been moving too slowly and needs to speed up its involvement with the UNMAS-led subsurface clearance process. This begs the question as to why she was not informed earlier about was a thorny military-diplomatic issue, which in turn raises yet again the matter of NZDF transparency and accountability to the government of the day.

By all public accounts, the Bamyan ranges do not contain unexploded ordinance from “heavy” air assaults or artillery, including cluster bombs, white phosphorus rounds or 500 to 2000 lb. bombs. If that were the case the whole story changes dramatically in several ways, including on the subject of responsibility. Assuming that they were only used for small arms and limited high explosive weapons training, then the US$10 million price tag for NZDF participation in the UNMAS clearance efforts in two abandoned firing ranges seems high but reasonable if it involves compensation to relatives of victims, deployment of NZDF EOD specialists back to assist in the range clearing efforts and/or paying the for salaries and equipment for honest and professionally competent EOD contractors. That is is predicated on UNMAS hiring EOD contractors that are not corrupt, incompetent or cronies of local officials and instead are totally dedicated to eradicating the deadly residue of a conflict supposedly gone past.

In the end, this is another reminder of the legacies of war and the unfinished business that remains long after troops come home. Because for those living in places like Bamyan, the war does not end when the foreigners leave.

A coward’s ploy.

datePosted on 11:52, November 17th, 2019 by Pablo

Some readers may remember that I mentioned last year that I was applying for NZ citizenship. I filled out the paperwork and had my original citizenship interview in February. Everything went well until they discovered that, because I had spent five months in the US in 2017, I had not been in continuous NZ residency for the full amount of time required before the interview took place (one has to spend 240 days in NZ in a 12 month period or 1,350 days across the five years preceding the application, so I was overseas for one month over the 4 month yearly limit). I was therefore ineligible for citizenship at that time.

That was not much of a problem, as everything else looked good to go and I was advised to re-apply at the end of August once I had accumulated the required number of continuous days in residence. That I did, and had another interview in early October, paid my fee, and settled into wait the 3-4 months before getting word as to whether my application had been approved. As it turns out, approval can only be granted by the Minister responsible for citizenship matters upon the recommendation of her staff, so my decision will fall to Tracey Martin of NZ First.

About a week after I applied I was contacted by a Senior Investigator from the Department Internal Affairs. He told me that in early December last year they had received an anonymous email making serious allegations against me and requesting that I be denied citizenship. Because of that, he was duty bound to request a meeting so that I could respond to the allegations in person.

We held that meeting last week. I was relieved to know that the complaint was not of a personal nature. Instead, it concerned by public writing and commentary, including, presumably, on this blog.

The complainant alleges that I am not loyal to New Zealand; that I am not loyal to the Queen and would not be subject to her rule; that my published opinions are contrary to NZ national interests; that I have a strong bias in favour of US interests; that I am a scaremonger; that I am a foreign “imbedded (sic) operative;” and that I am seeking to influence the internal affairs of NZ by foreign interests. The person then goes on to request that my application be rejected on those grounds.

Needless to say I had plenty to comment on. I had to laugh at the references to the Queen since no native-born Kiwi is asked to swear loyalty to her and most of my native-born friends are a wee bit skeptical about royalty in any event. I have heard the stuff about being a covert operative before (CIA, Mossad, take your pick), and as for trying to influence things in NZ I noted that I happily plead guilty to the charge of trying to participate in public debates on matters that fall within my range of interest and expertise given my professional training and background. I noted that the complainant appeared to have a poor understanding of liberal democracy and the freedoms inherent in it.

One thing that interested the investigator was how this person knew that I was going to apply for citizenship. Again, the complaint was made in the first week of December 2018. I could only think of two possible situations where I mentioned my intentions around that time. One was in a professional forum under Chatham House rules. The other was on this blog. So I went into the blog archives and low and behold, in late November/early December 2018 I wrote several posts about the PRC and the Anne-Marie Brady affair (the break-ins of her office and home and the weak Police response to them after her paper about Chinese influence in NZ politics was published). Those posts attracted the attention of a pro-PRC troll who went by the name of Mark and who gave all the appearance of being a Chinese New Zealander. Some of you may remember him, but you will not find him in the comments because I eventually blacklisted him (after labelling him “skid mark”) for repeatingly violating the terms governing comments on KP.

Mark did not solely focus his attention here. Around the same time he wrote similar comments on YourNZ, Bowalley Road, Croaking Cassandra and No Minister (Tom Hunter may recall him). His argument and tone was pretty much the same on all platforms.

I decided to look into Mark just a wee bit. It turns out that last December he created a twitter account under the name Mark Zhang (MarkZha88709847). He posted 16 tweets on December 8, then vanished. I cross checked the language in the complaint with the comments he made here and in other forums as well as the tweets and I am pretty sure that he is the complainant.

There is much irony in this. Here is a guy who is a blatant pro-PRC stooge who questions my loyalty to NZ and sees my supposed pro-US bias as grounds for disqualification. This Einstein does not seem to comprehend that even anonymous emails using VPN can be traced back to their source and that making frivolous complaints that waste official time and resources could warrant further scrutiny (the investigator had to fly from Wellington to Auckland to interview me).

In any event, the interview with the investigator seemed to go well. I was given a copy of the allegations and asked to review and sign the written transcript of my responses, which I did. I am satisfied that there is nothing that I have done in my 22 years living in NZ that warrants my being denied citizenship, but that is for Tracey Martin to decide.

With luck, come late summer or early fall I will be lining up in a citizenship ceremony to pledge my loyalty to the Queen of New Zealand (which, as it turns out, is apparently the wording of the loyalty oath).

I can do that.

An age of protest.

datePosted on 12:50, November 13th, 2019 by Pablo

It seems fair to say that we currently live in a problematic political moment in world history. Democracies are in decline and dictatorships are on the rise. Primordial, sectarian and post-modern divisions have re-emerged, are on the rise or have been accentuated by political evolutions of the moment such as the growth of nationalist-populist movements and the emergence of demagogic leaders uninterested in the constraints of law or civility. Wars continue and are threatened, insurgencies and irredentism remain, crime proliferates in both the physical world and cyberspace and natural disasters and other climatic catastrophes have become more severe and more frequent.

One of the interesting aspects to this “world in turmoil” scenario is the global surge in social protests. Be it peaceful sit-ins, land occupations, silent vigils, government building sieges, street and road blockades, pot-banging and laser-pointing mass demonstrations or riots and collective violence, the moment is rife with protest.

There are some significant differences in the nature of the protests. Contrary to previous eras in which they tended to be ideologically uniform or of certain type (say, student and worker anti-capitalist demonstrations), the current protest movement is heterogeneous in orientation, not just in the tactics used but in the motivations underpinning them. In this essay I shall try to offer a taxonomy of protest according to the nature of their demands.

Much of what is facilitating the current protest wave is global telecommunications technologies. In previous decades people may have read about, heard about or seen protests at home or in far-off places, but unless they were directly involved their impressions came through the filter of state and corporate media and were not communicated with the immediacy of real-time coverage in most instances. Those doing the protests were not appealing to global audiences and usually did not have the means to do so in any event. Coverage of mass collective action was by and large “top down” in nature: it was covered “from above” by journalists who worked for status quo (often state controlled) media outlets at home or parachuted in from abroad with little knowledge of or access to the local, non-elite collective mindset behind the protests.

Today the rise of individual telecommunications technologies such as hand-held devices, social media platforms and constant on-line live streaming, set against a corporate media backdrop of 24/7 news coverage, allows for the direct and immediate transmission of participant perspectives in real time. The coverage is no longer one sided and top down but multi-sided and “bottom up,” something that not only provides counter-narratives to offical discourse but in fact offers a mosaic landscape of perspective and opinion on any given event. When it comes to mass collective action, the perspectives offered are myriad.

The rise of personalised communication also allows for better and immediate domestic and transnational linkages between activists as well as provide learning exercises for protestors on opposite sides of the globe. Protestors can see what tactics work and what does not work in specific situations and contexts elsewhere. Whereas security forces have crowd control and riot training to rely on (often provided by foreign security partners), heretofore it was difficult for protest groups to learn from the experiences of others far away, especially in real time. Now that is not the case, and lessons can be learned from any part of the world.

The nature of contemporary protests can be broadly categorised as follows: protests against economic conditions and policy; protests against central government control; protests against elitism, authoritarianism and corruption (which often go hand-in-hand); protests against “others” (for example, anti-immigrant and rightwing extremist protests in the US and Europe); protests over denied rights or recognition (such as the gay and pro-abortion and anti-femicide demonstrations in Argentina, or indigenous rights protests in Brazil); single-issue protests (e.g. climate change); or mixtures of the above.

The literature on mass collective action often centres on what are known as “grievance versus greed” demands. One side of the continuum involves pure grievance demands, that is, demands for redress born of structural, societal or institutional inequalities. On the other side are demands born of the desire to preserve a self identified right, entitlement or privilege. In spite of the connotations associated with this specific choice of words, greed demands are not necessarily selfish nor are grievance based protests always virtuous. For example, greed demands can involve respect for or return to basic civil liberties as universal human rights or demands for the preservation of democracy, such as in the case of Hong Kong. Conversely, grievances can often be selfish in nature. Thus, although the pro-Brexit demonstrations are construed as demands that politicians heed the will of the people, the underlying motivation is defensive and protective of a peculiarly defined form of nationalism. A particularity of the modern era is that although most of the protests are portrayed as grievance-based, a considerable amount are in fact greed-based and not always virtuous, as in the case of the Charlottesville white supremacy marches and anti-immigrant demonstrations in Europe.

Protests against economic policies and conditions have recently been seen in Chile, France, Ecuador and Iraq. Protests against centralised government control have been seen in Catalonia, Indian Kashmir and Hong Kong. Protests against authoritarianism, elitism and corruption have been seen in Lebanon, Russia, Venezuela, Bolivia, Haiti, Iran and Nicaragua. Protests against elitism are seen in the UK (over Brexit), and against state repression in Greece. “Othering” protests have occurred in the US, Italy, Hungary, Greece and South Africa, among other places. Interestingly, the majority of contemporary protests are not strictly economic (structural) in nature, but instead concentrate on superstructural factors such as the behaviour of government, restrictions on voice and representation and/or the vainglorious impunity of socioeconomic elites.

Often, such as in Chile, the protests begin as one thing and morph into another (starting out as protests against economic policy and conditions and then adding in protests against heavy handed state repression). The more new actors join the original protestors, the more likely the protests themselves will adopt a heterogenous or hybrid nature. That also extends to the tactics employed: while some protesters will choose passive resistance and civil disobedience as the preferred course of direct action, others will choose more confrontational tactics. The precise mix of this militant-moderate balance is determined by the prior history of protest and State repression in a given society (see below). The idea is to clear space for a peaceful resolution to the dispute with authorities, something that may require the use of confrontation tactics in order for authorities to accede to moderate demands. Remember: in spite of the language used, the protests in question are not part of or precursors to revolutionary movements, properly defined. They are, in fact, reformist movements seeking to improve upon but not destroy the status quo ante.

In recent times the emergence of leaderless resistance has made more difficult the adoption of a coherent approach to direct action in which moderate and militant tactics are used as part of a unified strategy (or praxis) when confronting political authorities. This is an agent-principal problem before it is a tactical problem because there is no core negotiating cadre for the protest movement that can coordinate the mix of moderate and militant actions and speak to the authorities with a unified voice and grassroots support. Under such conditions it is often difficult to achieve compromises on contentious issues, thereby extending the period of crisis which, if left unresolved by peaceful means, can lead to either a pre-revolutionary moment or a turn towards hard authoritarianism. That again depends on the society, issues and history in question.

Santiago, Chile, November 2019.

Introduction of new actors into mass protest movements inevitably brings with it the arrival of criminals, provocateurs, third columnists and lumpenproletarians. These seek to use the moment of protest as a window of opportunity for the self-entered goals and use the protest movement as a cloak on their actions. These are most often the perpetrators of the worst violence against people and property and are those who get the most mainstream media coverage for doing so. But they should not be confused with the demographic “core” of the movement, which is not reducible to thugs and miscreants and which has something other than narrowly focused personal self-interest or morbid entertainment as a motivating factor.

The type of violence involved in mass collection action tells a story. Attacks on symbols of authority such as monuments and statues, government buildings or corporate entities general point to the direction of discontent. These can range from graffiti to firebombing, depending on the depth of resentment involved. Ransacking of supermarkets is also a sign of the underlying conditions behind the disorder. Destruction of public transportation does so as well. Attacks on security forces in the streets are a symbol of resistance and often used as a counter-punch to what is perceived as heavy handed police and/or military responses to peaceful protest. In some societies (say, South Korea and Nicaragua) the ability to counter-punch has been honed over years of direct action experience and gives pause to security forces when confronting broad-based social protests.

On the other hand, assaults on civilians uninvolved in security or policy-making, attacks on schools or otherwise neutral entities such as sports clubs, churches or community organisations point to either deep social (often ethno-religious) divisions or the presence of untoward elements hiding within the larger movement. Both protest organisers and authorities need to be cognisant of these differences.

In all cases mass protests are ignited by a spark, or in the academic vernacular, a precipitating event or factor. In Bolivia it was president Morals’s re-election under apparently fraudulent conditions. In Chile it was a subway fare hike. In France it was the rise in fuel prices that sparked the Yellow Vest movement that in turn became a protest about the erosion of public pension programs and and worker’s collective rights. In Ecuador it was also a rise in the price of petrol that set things off. In Hong Kong it was an extradition bill.

One relatively understudied aspect of contemporary protests is the broader cultural milieu in which they occur. All societies have distinctive cultures of protest. In some instance, such as Hong Kong, they are not deeply grounded in direct action or collective mass violence, and therefore are slow to challenge the repressive powers of the State (in the six months of Hong Kong protests three people have been killed). In other countries, such as Chile, there is a rich culture of protest to which contemporary activists and organisers can hark back to. Here the ramping up of direct action on the streets comes more quickly and involves the meting out of non-State violence on property and members of the repressive apparatuses (in Chile 30 people have died and thousands injured in one month of protests). In other countries like Iraq, pre-modern sectarian divisions combine with differences over governance to send protests from peaceful to homicidal in an instant (in Iraq over 250 people were killed and 5,000 injured in one week of protest).

Just like their are different war-fighting styles and cultures, so too are their different protest cultures specific to the societies involved.

The differences in protest culture, in turn, are directly related to cultures of repression historically demonstrated by the State. In places like Hong Kong there has been little in the way of a repressive culture prior to the last decade or so, and therefore the Police response has been cautious and incremental when it comes to street violence (always with an eye towards what the PRC overlords as well as Hong Kong public will consider acceptable). In Chile the legacy of the dictatorship hangs like a dark shadow over the security forces, who themselves have enjoyed a considerable degree of autonomy from civilian oversight in the years since the transition to democracy (in what can be considered, along with the market-driven macroeconomic policies that favour the dictatorship’s economic supporters, another authoritarian legacy). In places like Egypt the repressive response is predicated on belief in the utility value of disproportionate force: any demonstration, no matter how peaceful, is met with degrees of (often extra-judicial) lethality so as to serve as a lesson and set an example for others.

The way in which state security organisations respond to protests is also a function of the degree of security sector coherence. Issues such as inter-service rivalries, factional disputes within the armed services, different perspectives on civil-military relations and standards of professional autonomy all factor into if and how those charged with the management of organised violence will respond to differentiations types of protest.

It is therefore in the dialectic between social protest and State repressive cultures where the physical-kinetic boundaries of collective mass action are drawn. Some societies are restrained or “polite” and so too are their notions of proper protest. In others, the moment for restraint ends when protests begin.

Underlying different approaches to contemporary protests is the issue of consent and toleration, or more precisely, the threshold of of consent and toleration. Basically popular consent is required for democratic governance to endure and prosper. Consent is given contingently, in the expectation that certain material, social and political thresholds will be met and upheld by those who rule. When the latter fail to meet or uphold their end of the bargain, then consent is withdrawn and social instability begins. Although it is possible for consent to be manipulated by elites, this is a temporary solution to a long-term dilemma, which is how to keep a majority of the subjects content with their lots in life over time?

Contingent mass consent also depends on a threshold of toleration. What will people tolerate in exchange for their consent? The best example is the exchange of political for economic benefits in dictatorships: people give up political rights in order to secure material benefits. But the threshold of toleration is often fragile and unstable, especially when grievances have been festering for a time or demands have repeatedly gone unmet. When that is the case the spark that precipitates the withdrawal of mass contingent consent can be relatively minor (say, defeat by a national football team in a World Cup or the assassination of an innocent by the security forces).

Each society develops its own threshold of contingent consent and toleration. What people will tolerate in Turkey is not the same as what people will tolerate in New Zealand (assuming for the purposes of this argument that Turkey is still a democracy of sorts). In fact, the very basis of consent differ from society to society: what Turks may consider acceptable in terms of material, social and political conditions may not be remotely acceptable to the French. Even outright authoritarians need to be conscious of the threshold of consent and toleration, if not from the masses then certainly from the elites that support them. But that only adds to their governance dilemmas, since pursuit of elite contingent consent can bring with it an intolerable situation for the masses. At that point the cultures of protest and State repression will come into play.

Ultimately, the current age of protest is the product of a global crisis of governance. Belief in the combination of market capitalism and democratic forms of representation as the preferred political-economic combination has eroded significantly. Rapid demographic and technological changes, increased income inequalities and other pathologies associated with the globalisation of production and exchange have undermined the notion that a rising tide lifts all boats under liberal democratic conditions. Authoritarians have increasingly filled the void both in countries that have democratic traditions as well as those that do not. Using the power of the State, they propagate fear-mongering and scapegoating between in- and out-groups in order to consolidate power and stifle opposing views.

The irony is that the turn to authoritarianism may be seen as the solution to the crisis of democratic governance, but it is no panacea for the underlying conditions that produced the current wave of protest and in fact may exacerbate them over the long term if protest demands are repressed rather than addressed. If that is the case, then what is currently is a global move towards reformism “from below” could well become the revolutionary catharsis than recent generations of counter-hegemonic activists failed to deliver.

That alone should be reason enough for contemporary political leaders to study the reasons for and modalities of the current wave of protests. That should be done in an effort not to counter the protests but to reach compromises that, if not satisfying the full spectrum of popular demands, serve as the foundation for an ongoing dialogue that reconstructs the bases of consent and toleration so essential for maintenance of a peaceful social order. It remains to be seen how many will do so.

The rot at the top (2).

datePosted on 16:14, October 15th, 2019 by Pablo

Thanks to a report from the Acting Inspector General of Intelligence and Security following a complaint by Nicky Hager, we have come to find out that the SIS illegally spied on Mr. Hager on behalf of the NZDF after publication of Hager’s 2011 book, Other People’s Wars. The NZDF justified its request by arguing that it was investigating potential espionage, although it turns out that it was actually looking for the NZDF source of leaks to Mr. Hager. This occurred when John Key was the Minister of Intelligence and Security, Warren Tucker was SIS Director and LTG Rhys Jones was Chief of the NZDF . Did the SIS and NZDF go rogue or were these individuals aware of the spying?

It seems hard to believe that none of these people were unaware of what their subordinates were doing. The NZDF request might have been accepted as a tasking under the partner agency agreement whereby the SIS assists other government agencies when and where needed. But for this to happen the Commissioner of Warrants or the Minister of Intelligence and Security would have to have approved the request. So the question is: did this happen? Was the request, while done through proper channels, truthful in its justification or was the warrant signed under false pretences? Or, did the NZDF and SIS agree to monitor Mr. Hager’s phone records without authorisation from above? If so, who authorised that action? Mr. Tucker and LTG Jones? Some mid level managers in the NZDF and SIS?

It should be noted that this unlawful spying occurred before the Police illegally searched Mr. Hager’s home and accessed his bank and phone records after the publication of his 2014 book, Dirty Politics. Here too we have the question of who, exactly, authorised the intrusion: the Minister of Police? The Police Commissioner? Someone below that rank? A friendly Justice of the Peace? Was the illegal Police access–again, supposedly to find the hacker called Rawshark who leaked to Hager a rightwing attack blogger’s emails and social media communications–a follow up or in any way connected to the previous NZDF/SIS investigation? After all, security agencies share information even after investigations are concluded or cases closed, so it is not inconceivable that the SIS file on Hager was forwarded to the Police once they opened their investigation into Rawshark’s identity. Ironically, the Police ended up with the same result as did the SIS when looking for Hager’s sources: nothing.

After the Acting IGIS issued her report, the Director General of Security (head of the SIS), Rebecca Kitteridge, issued an apology to Mr. Hager, seven years after the fact. But apologies are not enough. Punitive sanction must be meted, however retroactively, on those who ordered the spying in both the NZDF and SIS as well as those in cabinet who may have been aware of it. Will that ever happen? It is for the current Labor-led government to decide, which means that it needs to seriously think about yet another official Inquiry.

This may seem tedious and burdensome on the taxpayer, but it is now pretty clear that there is a systematic pattern of abuse of authority in the NZ security community. In the last ten years the Police, GCSB, NZDF and SIS have all been found to have committed unlawful acts against NZ citizens and residents. Little to nothing has been done to address, much less correct these institutional excesses, so the opportunity is ripe for a calling to account from those involved. Once the inquiries into Operation Burnham and Christchurch terrorist attacks are finalised and their reports submitted, that can be used as a starting point for a fuller inquiry into what I have previously labeled the “culture of impunity” that pervades the repressive apparatus of the NZ State.

As things stand and unless an investigation is launched into the mechanics of these unlawful and illegal acts, those who ordered the spying are likely to go unpunished. The maximum penalty for the SIS breaking the law is a $5000 fine for the agency, not any individuals employed in it. Key, Jones and Tucker are all retired and unlikely to receive any a posteriori punishment. So unless there is an investigation and subsequent law changes that hold people strongly (and retroactively) accountable for ordering or facilitating illegal acts committed by security agencies, impunity will endure and the institutional foundations of NZ democracy continue to be corroded from within.

The end of small “d” democracy?

datePosted on 12:11, September 29th, 2019 by Pablo

As a part of the second generation of “transitologists” interested in the causes, processes and consequences of political regime change, I was exposed to a considerable amount of writing on democratic theory and practice. After all, if one is going to study the reasons for democratic collapse, authoritarian rise and fall and the re-emergence, restoration or first appearance of democracy, one should have a pretty good grasp on what democracy is and is not. In recent years the theme amongst third and fourth generation transitologists includes the unfortunate subject of democratic decline, something that is global in nature and has been evident in mature as well as relatively nascent or immature democracies over the last decade or so.

In a book that I wrote about the relationship between the State, organised labour and capitalists in Argentina, Brazil and Uruguay in the transition from dictatorship to democracy in the 1980s, I used my understanding of democratic theory to break down what it looks like in practice. I distinguished between procedural democracy, which is the (electoral) means by which incumbents of political decision making positions are selected, and substantive democracy, which are the institutional, social and economic dimensions underpinning the procedural level and which gives it intrinsic merit.

Without going into the type of detail that a 400 page book carries in it, it is at the substantive level where small “d” democracy signs in. Large “D” Democracy basically refers to the procedural and institutional bases of a particular form of elected political representation–rule of law, separation of powers, universal franchise, horizontal and vertical accountability etc. Although there is overlap with the institutional dimension, small “d” democracy refers to societal and material traits that are inculcated in a politically organised collectivity–a polity, in other words–and which have the potential to become self-reproducing. Over time, concepts like equality, fairness, consensus and consent, mutual respect, toleration and compromise move from being ideals or notions about the proper social order to being baseline characteristics of small “d” societies. These values do not just inform collective decision-making at all levels. They imbue individual behaviour with a personal ethos grounded in them.

In short, the substance of democracy is ideological, which determines the values upon which its institutions and procedures are founded.

Entire careers have been made studying the procedural and institutional bases of democratic political systems. Electoral analysis, polling, constitutional law, legislative studies, party politics, executive relations with the judiciary and legislature–all of these fields (and more) have focused on the mechanics, interactions, processes and personalities involved in the formal side of big “D” Democracies. They assume away, ignore or take for granted that their subjects are underpinned by an ideological foundation grounded in collective agreement on behaviour and representation. This misses a fundamental aspect of the social construct known as democracy.

Put another way, focusing on the procedural-institutional aspects of democracy without considering its substantive dimensions is akin to studying a hollow shell.

Consider this: we repeatedly hear about the importance of the “rule of law,” that no person is above the law and that democracies are founded on laws, not people. But a universal law prohibiting people from sleeping on park benches in fact only prohibits some people from doing so. The practical impact of universal laws, to paraphrase Gramsci, descends through a complex tissue of class, racial, ethno-religious, gender and other vulgarisations on its way to becoming enforceable edicts, with the effect being that law enforcement is often non-universal or discriminatory in nature. In order for universal laws to be universal in application, there needs to an underpinning consensus that they be so regardless of circumstance.

That is where the substance of democracy–its ideological foundations translated into everyday social practice–matters. And that is also where the core problem of democracy currently lies.

International polling over the last decade or so shows a steady erosion in support for democracy and, more alarmingly, greater dissatisfaction with democracy amongst younger people. The erosion of support for democracy is linked to the emergence of elected authoritarians like Dutarte, Bolsonaro, Orban and Erdogan, but also in the rise of the Alt-Right and various nationalist populist movements across the globe. The problems of of democracy appear to be both institutional and ideological.

Institutionally, most advanced democracies display signs of sclerosis. Lobbying, corruption, clientelism, patronage, gerry-mandering, vote-buying and voter suppression, rank partisanship and other pathologies have turned the institutional edifice upon which most current political democracies are perched extremely brittle. That has increased public cynicism and distrust about politics and politicians to the point that the disapproval is of the system as a whole, not just a few “bad apples.” That in turn has made contemporary democracies susceptible to manipulation by external actors using disinformation and psychological operations campaigns in order to exploit social cleavages and further sow divisions from within, knowing that these will be reproduced rather than ameliorated by the political class.

The problem is compounded by the elimination of what used to be called civics education in secondary schools. Replaced by non-critical “social studies” programs that fail to address both the structural and ideological bases of democracy, recent generations of students have no real grasp on what democracy entails. Among the worst areas of confusion are the notion of “rights,” especially with regards to the comparative rights of majorities and minorities and the exercise of freedom of speech. This occurs against a backdrop of increased vulgarisation of social discourse at all levels, so what used to pass as informed debate on contentious issues has now descended into shouting matches and ad hominem attacks from the halls of parliament to local board meetings, ratepayer assemblies and a host of community AGMs ( I write this as I am in the process of filling out my local government voting papers and in light of what I have seen and heard about recent “meet the candidate” events).

More broadly, the focus on rights without regard to responsibilities ignores the mutual second best trade-offs that lie at the core of democratic social culture. To recall: in a democracy no one gets everything they want all of the time but everyone gets some of what they want most of the time, with the guarantee of being able to revisit contentious issues at regularly scheduled intervals (politically, in the form of elections and referenda). That is the core of small “d” democracy: acceptance and reproduction of the values of toleration and compromise based on notions of quality and fair play.

That is the crux of the matter. Large “D” Democracy persists in that it has a procedural and institutional facade with much history and to which much attention is paid. But it is substantively corroded from within and without, and worst yet, it lacks the ideological glue that would allow it to continue to survive as a genuine political alternative to various forms of authoritarianism.

Therein lies the the problem. From politicians to institutions to individuals, the small “d” value system that once sustained big “D” Democracy appears to have diminished into a faint echo. What is left within big ‘D” Democracies is partisanship, opportunism and authoritarianism disguised as problem solving, “common sense” and freedom of expression. Rather than civic minded people of virtue interested in public service, big “D” Democratic politics is increasingly populated by charlatans, demagogues, self-interested grifters, con artists and hypocritical reprobates of various stripes.

With politicians acting in bad faith, partisan cleavages deepening, foreign actors (state and non-state) manipulating news and younger generations ignorant of what democratic values are and are not, it should not be surprising that as a cultural norm, small “d” democracy is on the wane.

Even so, there is room for hope. Things like student climate activism, Code Pink direct action campaigns and the spontaneous activities of a wide range of community groups are signs that there is a thirst for small “d” democracy around the world. But that requires returning to the notion of democratic values as a starting point for any discussion about collective action, political participation and interest group representation. It requires confronting undemocratic bullies who lead local government bodies and volunteer organisations as well as those in the halls of parliament. It needs, in other words, a re-appreciation of the basic social value structure that overrides collective and individual egotism and which forges fresh horizontal solidarity ties between groups as well as their vertical ties to political representatives.

That is a matter of education, not politics.

The rot at the top.

datePosted on 11:46, September 20th, 2019 by Pablo

When military leaders cover up and lie to elected civilian authorities, the foundation of democratic civil-military relations is undermined because it is those authorities who are entrusted to hold the military accountable to the public that they mutually serve. But this is only true if civilian political authorities take their responsibilities seriously and accept that when it comes to military operations the policy buck stops with them.

The same is true for intelligence agencies in democracies. While specific operational details remain within the agencies involved, the general policy guidelines for how they conduct those operations, and the responsibility for them, rests with a) the legal framework governing their activities and b) the elected civilian governments that are their overseers at any given point in time. For both the military and intelligence community, this means exchanging corporate or institutional autonomy-that, is, the ability to set internal standards, practices and objectives free from political interference–in return for submission to civilian political authority on broad matters of policy and accountability.

In recent weeks we have discovered, thanks to the Inspector General of Intelligence and Security’s report on NZ involvement in the CIA-operated extraordinary rendition/black site/torture program, that the NZSIS and GCSB received and supplied information that was directly linked to detainees who were subject to torture by the US and other allies in the coalition fighting al-Qaeda and the Taliban. The directors of these agencies at the time claim that their agencies did not know about the program even though they worked hand-in-glove with the CIA in Afghanistan and elsewhere and even though knowledge of the extraordinary rendition/black site program and the use of torture was in the public domain as early as 2004. From what is described in the IGIS report, it appears that NZ intelligence bosses had their own version of “don’t ask, don’t tell” when it comes to what the US was up to. As Richard Woods, former NZSIS director general, is quoted as saying in the IGIS report (I paraphrase here), “do you really expect us to ask the US directly about such things and risk our relationships with it?”

When confronted about this discrepancy by the IGIS the former directors maintained the high-ranking government ministers of the day were privy to all of the sensitive information regarding NZ’s intelligence relationships and that as agency directors they had no authority to engage in moral, ethical or legal judgements about what their allies were doing even if these actions violated NZ and international law–all while maintaining that they knew nothing about unmarked airplanes, black sites, torture and suspects being captured (including by the SAS) and then “disappeared” into the covert operations labyrinth.

That broaches the question as to whether former directors Richard Woods and Warren Tucker are simply lying (former GCSB chief Bruce Ferguson was a late arrival to the events under investigation and inherited his situation from Tucker) and prefer to put NZ intelligence relationships with the CIA ahead of their supposed duties to the NZ government and nation as a whole. Or, did the governments of the day, led by Helen Clark and John Key, know about the extraordinary rendition/black site/torture program and authorised and covered up NZ participation in it? It should be noted that Barack Obama ended the extraordinary rendition/black site/torture program shortly after he assumed presidential office in January 2009, so the bulk of NZ’s involvement with it happened under the 5th Labour government.

With regards to the NZDF, thanks to the book “Hit and Run” by Jon Stephenson with Nicky Hager and the ensuing Royal Commission of Inquiry into Operation Burnham (the subject of the book), we now know that the military brass did not inform (at best) or mislead (at worst) senior government officials about the possibility of civilian deaths in that mission until news of it became public (again, mostly thanks to the work of Mr. Stephenson in his series on NZSAS activities in Afghanistan). The NZDF story constantly changed as more was revealed, and the Inquiry has now found out that a critical NZDF document recognising the possibility of civilian deaths was “lost” in a secure safe for three years and that a register of who opened and closed that safe during that time frame somehow went undiscovered until this week. Former ministers in the Key government, which was in office when the mission was conducted, maintain that they were unaware of the existence of anything that would contradict the original NZDF version of events, which claimed that only “terrorists” were killed.

That raises a profoundly disturbing possibility whichever way the truth falls in each case. On the one hand, it would appear that senior NZ intelligence and military officials do not inform and in fact cover up controversial operations that occur under their watch. The civilian authorities to whom they ostensibly answer to in the division of labour that constitutes the foundations of democratic civil-military/intelligence relations are deliberately left in the dark. This suggests a level of arrogance and sense of imperiousness that is inimical to democratic governance because there is no regard for personal or institutional accountability embedded in their decision-making. They simply do as they see fit and lie about it afterwards.

On the other hand, it is possible that military and intelligence officials respect the concept of civilian political authority and inform governments of the day of everything that they are doing, including when things go wrong or unpleasant compromises are made in the interest of national security. This can be considered to be a variant of the “no surprises” policy in which governments are informed apriori of controversial decisions so as to not be caught off-balance when said decisions become news. If that is the case, then political managers shoulder responsibility for the policy decisions under which the NZ intelligence community and NZDF operate, including taking the blame when things go wrong or uncomfortable facts are revealed about what NZ security forces are doing at home and abroad.

However, it appears that in NZ there is not only a variant of “don’t ask, don’t tell” operating in the intelligence community, but it is attached to a civilian political management approach whose operating premise is “don’t want to know.” That is, civilian political authorities display willful ignorance in an effort to maintain plausible deniability when things go wrong or prove politically fraught. That may be expedient over the short term but abdicates responsibility when it comes to civilian oversight of the military and intelligence community, thereby tacitly encouraging military and spy agency impunity during and after (often lethal) operations.

Coverage of the Royal Commission on Inquiry into Operation Burnham has focused on the supposed incompetence of senior NZDF officers when it came to document security and disclosure. “Incompetence” is the most generous interpretation of what was at play here. “Conspiracy based on deliberate and coordinated lies and misrepresentations authorised from the top” is an alternative interpretation. The questions now are: which of these two interpretations seems more plausible and will anyone be held to real account in any event? Surely, if the government of the day was deliberately lied to or mislead by the NZDF and was not complicit in the coverup, then there is criminal liability involved.

The same goes for the intelligence agency chiefs who say they did not know what their subordinates were doing during the years in which the CIA-operated extraordinary rendition/black site/torture program was running. If they lied to their political masters about what they knew, then there should be consequences for that even if it has taken time to uncover their deception. If the political authorities at the time knew about NZ intelligence community involvement in the program, that should become a matter of public record even if little can be done in terms of retroactively applying punitive sanctions on their behaviour..

Not to put too fine a cynical point on it, but perhaps there is another hand at play in both instances. The IGIS report on NZ involvement with the CIA extraordinary rendition/black site/torture program speaks at length about managerial misadventure in the NZSIS and GCSB and even “naivety” in the discharge of their duties (when was the last time anyone ever heard the word “naive” associated with spy agencies?). The Inquiry into Operation Burnham has heard about “mistakes” and “oversights” on the part of NZDF senior leaders. It would seem that the common denominator in both is incompetence rather than wilful or deliberate circumvention of ethical norms, legal obligations and constitutional responsibilities.

Could it be that “incompetence” is the ultimate “get out of jail” card for public servants found to have failed in the discharge of their basic obligations and responsibilities?

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