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I did an interview on the TVNZ Breakfast Show about the situation in Hong Kong. I tried to frame the issue as a collective action problem between two sides with very different end games. The video is here.

Because of time constraints we could not discuss the fact that the Hong Kong protests do not have a unified leadership that could lend coherency to the strategy and connection between tactics and that strategy. It also did not address the fact that the protestors have now moved to challenging the (HK) State’s monopoly over organised violence in the territory, which means that it is posing an existential threat to a core function of that State. Since the Hong Kong State has little more than police and intelligence agencies as its repressive apparatus, that means that further and more serious challenges to this monopoly will be met by a State that has far more coercive power at its disposal–the PRC.

I should have mentioned at some point that the interplay between hard-liners and soft-liners on both sides is crucial to a peaceful settlement. Only if soft-liners prevail on both sides will the solution be peaceful, but in order to have that happen the soft-liners will have to prevail within their respective camps. With hard core nationalists on both sides rejecting any form of compromise as a loss of face and demonstration of weakness, the stage is set for them to prevail. If they do the outcome will be bloody.

The soft-line opposition strategy is based on the fact that the PRC can wait a long time while gauging international reaction to immediate events in Hong Kong, added to the fact that provoking a violent PRC response erases what the Hong Kong hard liners aspire to deliver ( and those goals are indeed aspirational rather than deliverable). It remains to be seen if the principles understand this type of logic.

We also did not discuss the how the moderate-militant approach I mention in the clip has to be part of a larger incremental gains strategy whereby the protestors try to push a “two steps forward, one step back” agenda that sees them roll back various authoritarian initiatives while conceding on short term or relatively minor issues (perhaps including the extradition bill that sparked the current round of protests).

Nor did we discuss the fact that at the time of initial handover from the UK, the PRC was in no position to contest the terms of the agreement, especially those centred on the “One Nation, Two Systems” 50 year compromise. Nearly halfway into that process, it is clear that conditions have changed. Among other things, Hong Kong is no longer the source of GDP and international capital that it was for the PRC in 1997, having been eclipsed by mainland centres of commerce like Shanghai. This makes it less risky for the PRC to impose its will and accelerate the devolution process before the 50 year transition period ends in 2047. That puts it on a collision course with those in Hong Kong who want more rather than less autonomy when that time comes.

Finally, we did not discuss the fact that should push come to shove the protesters are on their own. For all the US bluster and the threats of trade sanctions against the PRC if it uses force to quell the protests, no one is coming to the rescue. Not the UK, not the EU, not NATO, not SEATO, not Taiwan, not blue-helmeted UN troops–nobody will do anything significant in their defence.

That means that there is a limit to what the protestors can achieve by pushing the protest envelope, since there will be no counter to the PRC use of force if and when it comes. Hence the need for the incremental gains approach mentioned above, and even that may be too little to stave off the eventual PRC takeover in 2047.

A question of focus.

datePosted on 10:12, August 1st, 2019 by Pablo

More complaints have been aired about the Royal Commission of Inquiry (RCICh) into the Christchurch terrorist attacks. These have centred on the perception that the RBICh has not paid enough attention to the Muslim community who were the targets of the attacks and the sole victims of them. Even though the Terms of Reference for the RCICh specified that it would establish liaison ties with representatives of the NZ Muslim community, many are unhappy with the way in which those have been put into effect. This is in spite of an initial outreach to the community via the Christchurch Muslim Liasion Group and then formation of a Muslim Community Reference Group (MCRG, via the RCICh’s Head of Community Engagement) that is scheduled to begin work this month.

The main objection appears to be that the Muslim community, as victims of the attacks, are not the central focus of the inquiry and therefore feel marginalised by the process even if organisations like the Islamic Women’s Council of New Zealand (IWCNZ) and Federation of Islamic Associations of New Zealand (FIANZ), as well as several prominent Muslims, have been consulted. This is a delicate and thorny concern that is difficult to resolve. What follows is an explanation of why that is so.

The terms of reference for the RCICh specify that it must do two things: determine how the killer planned, prepared and executed the attacks; and what state agencies did and did not do in the lead-up to the attacks that enabled or could have prevented them from happening. The relevant sections of the terms of reference are here (sections 2-4 of the Terms of Reference):

Purpose of inquiry and matter of public importance

The matter of public importance that the inquiry is directed to examine is—

(a) what relevant State sector agencies knew about the activities of the individual who has been charged with offences in relation to the 15 March 2019 attack on the Al-Noor Mosque and the Linwood Islamic Centre in Christchurch, before that attack; and
(b) what actions (if any) relevant State sector agencies took in light of that knowledge; and
(c) whether there were any additional measures that relevant State sector agencies could have taken to prevent the attack; and
(d) what additional measures should be taken by relevant State sector agencies to prevent such attacks in the future.
Scope of inquiry

In order to achieve its purpose, the inquiry must inquire into—

(a) the individual’s activities before the attack, including—
(i) relevant information from his time in Australia; and
(ii) his arrival and residence in New Zealand; and
(iii) his travel within New Zealand, and internationally; and
(iv) how he obtained a gun licence, weapons, and ammunition; and
(v) his use of social media and other online media; and
(vi) his connections with others, whether in New Zealand or internationally; and
(b) what relevant State sector agencies knew about this individual and his activities before the attack, what actions (if any) they took in light of that knowledge, and whether there were any additional measures that the agencies could have taken to prevent the attack; and
(c) whether there were any impediments to relevant State sector agencies gathering or sharing information relevant to the attack, or acting on such information, including legislative impediments; and 
(d) whether there was any inappropriate concentration of, or priority setting for, counter-terrorism resources by relevant State sector agencies prior to the attack.
Matters upon which findings are sought

The inquiry must report its findings on the following matters:

(a) whether there was any information provided or otherwise available to relevant State sector agencies that could or should have alerted them to the attack and, if such information was provided or otherwise available, how the agencies responded to any such information, and whether that response was appropriate; and
(b) the interaction amongst relevant State sector agencies, including whether there was any failure in information sharing between the relevant agencies; and
(c) whether relevant State sector agencies failed to anticipate or plan for the attack due to an inappropriate concentration of counter-terrorism resources or priorities on other terrorism threats; and
(d) whether any relevant State sector agency failed to meet required standards or was otherwise at fault, whether in whole or in part; and
(e) any other matters relevant to the purpose of the inquiry, to the extent necessary to provide a complete report.

As readers will observe, there is no specific mention of a Muslim-as-a-community focus, much less a victim-centred one. Instead, attention is on the killer and the State, with recommendations deriving from the above investigation lines focused on how state agencies can work better towards preventing such a thing happening in the future. The role of the MCRG is seen by the RCICh in that light–as witnesses adding to the testimonial trail about events leading up to the attacks.

This clearly is not the reasoning of those who think that the Muslim community should be placed front and centre in the RCICh’s concerns. It was never the intention of the RCICh to make them the centrepiece, and the announcement of the terms of reference and first minute issued by the RCICh noted that the MCRG was an advisory body only, limited in numbers, with members selected by the RCICh and therefore not entirely representative of the community as a whole. At that point people had the option of agreeing to accept invitations or not.

The top-down selection process by which the MCRG was constituted was bound to raise concerns about co-optation, and the unspecified limited number of group members reinforced the notion that the MCRG is going to be used as window dressing on a potential whitewash. On the other hand, given the demographic heterogeneity of NZ’s Muslim population and the political and personal rivalries that go with exercising collective representation for this type of membership, a bottom-up MCRG selection process in which a larger number of Muslim communities are represented would have been too time-consuming to organise and hold given the six month window that the RCICh has in which to prepare and present its report (due December 10).

Because a nation-wide leadership selection process involving all organised Muslim communities cannot happen given the time constraints, as national peak associations it seems reasonable that leaders of FIANZ and IWCNZ would participate in the MCRG. Perhaps recognised leaders of the mosques that were attacked will participate, along with representatives of Muslim regional or city organisations. The importance is that numbers of representatives remain manageable and that internecine rivalries are avoided in the discharge of their responsibilities as members of the MCRG.

I am not privy as to who is in the MCRG but can only hope that they are a representative cross-section of the Islamic community in Aotearoa.

Returning to the issue of focus, it was never contemplated that the RCICh would address issues of victim compensation or other post-event consequences. The main role of the MCRG is to provide testimony about how Muslim community security concerns were managed (some would say ignored) by State agencies (particularly but not limited to the Police and SIS), in the lead-up to March 15. There clearly is much to be said here and the MCRG would be well served to bring forth compelling witness accounts of the impact that the post-9/11 social and political milieu has had on them, both in the security realm as well as elsewhere in NZ society.

I have no doubt that some interesting light can be shed by the MCRG on how NZ security agencies handled complaints about threats to members of the Islamic community and their organisations, and I am willing to bet that the complaints and requests for assistance have been more numerous than what has been publicly acknowledged by NZ authorities and the mass media. I also believe that the Muslim community can speak at considerable length about the disproportionate official scrutiny that they have endured after 9/11 even though no Muslim has been charged, much less convicted of committing an act of ideological-driven violence in NZ before or since (with official scrutiny extending to acts of intimidation, extensive infiltration of mosques and sowing of distrust within targeted groups by the extensive use of informants).

Both of these backstories will be invaluable for the RCICh’s investigation into if and how, whether by acts of omission or commission, State agencies contributed to the multi-dimensional lapses–systemic, institutional and individual–that together constituted the collective “intelligence failure” that enabled the commission of this mass atrocity.

All of this assumes that the Inquiry will be conducted honestly, thoroughly and without a hidden intention to cover-up or whitewash. Some are skeptical that the process will lead to a full and truthful account of what happened. I beg to differ, at least in part. Having spoken to the RCICh myself, I can only say that those involved in conducting the inquiry acknowledge the limitations of their charter but appear committed to finding the truth and understand that their reputations would be poorly served if they were to do otherwise. I hope that I am not proven wrong.

Assuming that the process is honest, the two lines of investigation–of the killer’s actions and of state agencies’ roles in the lead up to the attacks–will establish the chain of causality that led to the murderous victimisation of over 100 people and their families. Once responsibility for what happened is established and lines of accountability (if any) determined within the State sector, then the easier it will be for those representing the victims of the March 15 domestic terrorist attack to demand redress from Crown entities whose negligence, incompetence or prejudice enabled in one way or another the commission of the event. To try and do otherwise within the confines of the RCICh confuses the process because it misplaces its immediate emphasis (which is supposed to be on the perpetrator, accomplices and potential enablers, including agents of the State) and detracts from its primary focus (which is to establish the how’s and why’s that led to the success of the attacks).

In other words, focus on the Muslim community as victims rather than as primary witnesses within the RCICh puts the inquisitorial cart before the horse and clouds the inquiry with concerns best addressed after its conclusion.

Xenophobia is not always racist.

datePosted on 15:46, July 18th, 2019 by Pablo

I have been reading and listening to the aftermath of Trump’s comments about the four female first term Democratic representatives, all of whom are “people of color.” I found the US coverage interesting both as evidence of partisanship and the deep vein of bigotry that Trump has tapped into in order to advance his political career. But some of the coverage has got me to thinking about how the issue is being framed, specifically whether or not his comments were “racist.”

Here is how I see it: Strictly speaking, the “go back to where you came from” line is xenophobic. It often is underpinned by racism, as in Trump’s case. But it is not the same or reducible to racism because culture, religion, language, dress etc. factor in as well. The primary inference is that the “other” is “foreign.” The distinction is important, especially in a country that has the Statue of Liberty as a national symbol.

Trump’s ignorance of his target’s birth origins does not take away from the underlying anti-foreign message. It appears that in the US xenophobia is more widespread than racism. Trump knows this. That allows him to disavow racism and yet throw bigoted meat to his base because foreigners are “aliens,” the inference being that they are sub-humans who come from crime-infested sh*tholes (his language, not mine). That he speaks of these first generation citizens’ supposed hate for America and loyalty to foreign enemies like al-Qaeda (both demonstrable lies) rather then focus on their racial characteristics is proof that the emphasis is on their foreign “otherness.” Likewise, in calling them socialists and communists Trump and his minions emphasise the “un” American nature of those ideologies and their supposed embrace of them. It is to the xenophobic streak in US society that Trump is speaking to, some of which may be embedded in broader racist sentiment.

As a third generation US citizen descended from Irish Catholic, Italian and Scottish stock, I am well versed in the “go back to where you came from” opinions directed at my grandparents. Then as now it may have overlapped with but was not strictly a matter of racism.

Anyway, as I see it, for all of the nice inscriptions on Lady Liberty, the US has a deeply rooted xenophobic streak that parallels and often overlaps with its history of racism. There are times when one strand overshadows the other, for example during the civil rights struggles of the 1960s when racism took centre stage and xenophobia took a back seat. In today’s context the “acceptable” form of bigotry–besides ongoing homophobia and misogyny–is xenophobia, not racism.

This is what allows the Trump administration to detain thousands of “illegal aliens” (most of the world uses the term “undocumented migrants”) in internment camps. It is what allows it to separate hundreds of “alien” children from their parents and remove them to detention centres far from where their parents are held. The justification for such depravity is not offered on the basis of race but on the basis of birth origin. That, it seems, is more acceptable to many “Americans” who would not accept the wholesale incarceration of African- or Asian-Americans on the sole basis of race.

Oh wait, check that thought. That was only true in other times.

Incidentally, I place qualifier marks around the term “Americans” because “America” refers to continents rather than individual nations, so the appropriation of the word by the US is more a form of linguistic imperialism than an actual descriptor of who is born there.

In any event, I feel that the emphasis on whether Trump’s comments were racist or not obscures and detracts from the fact that xenophobia, stoked by years of endless war against and tensions with foreigners (mostly of color) has made it the preferred form of bigotry wielded by Republicans and those who are fearful of the loss of white dominance in a country where demographic change does not favour them.

Whether or not it will be used as part of a winning electoral strategy by Trump and the Republicans in 2020 remains to be seen. But what it does demonstrably prove is that the historical roots of xenophobic “othering” are being well watered today.

Postscript: Conspicuous by its absence from the MSM coverage is the fact that Trump’s bigotry is, amid all of the rest, gendered at its core. He appears to take particular issue with women who challenge him, especially those who are non-white. He saves the worst of his personal insults for them, and in the case of Rep. Omar he has walked up to the fine line separating protected offensive speech from hate speech. After all, when he falsely claims that someone “hates America,” “is loyal to al-Qaeda,” is a “communist” and even was married to her brother (yes, he did indeed say that), then he is coming perilously close to inciting violence against her. After all, if you condense what he is saying, she is an insolent commie incestuous female who hates America and who therefore does not deserve the common protections afforded “real” citizens.

Yet the media has not focused on these components of his rhetoric as much as they should be. Instead we get the usual analyses that “he is consolidating his base” and “he is trying to tar the Democratic Party with the “four women of the apocalypse” brush”, which if true do not fully capture the evilness of his intent. While I do not think that his offensive views merit impeachment at this point (since in my opinion they do not rise to the level of high crimes and misdemeanours), should anything happen to any one of the so-called “squad,” and should that be the work of a Trump supporter, then I think that there is fair grounds to do so.

Torture works.

datePosted on 15:55, July 1st, 2019 by Pablo

I have been working my way through a 47,000 document tranche of declassified US government communications related to Argentina and the “Dirty War” of 1976-83. I grew up in Argentina in the period leading up to the March 24, 1976 coup d’état that ushered in the so-called “Process of National Reorganisation,” the euphemism that the military junta used to justify its actions. That was the period when I was politically socialised and which has marked my approach to politics ever since.

I also do so because I did human rights work in Argentina in the early 1980s and wrote a Ph.D. dissertation on the Argentine state that required repeated primary source field research in the country throughout that decade. Those trips afforded me the opportunity to complement my human rights work with documentary and interview data that, while tangental to the dissertation, were central to my interest in what happened to people I knew who were caught up in the “Process.” I continued this interest as a sidebar to my academic work and official obligations while serving in and with US government agencies in the late 80s and early to mid 1990s. Even so, I did not have the time or authority to access what has emerged in this tranche of documents.

The documents (known as “cables” in diplomatic parlance) come from the CIA, FBI, State Department, Department of Defense and other agencies such as the Commerce Department that had involvement in Argentine issues during that period. The quality of the reporting and analysis is surprisingly good and the tone often brutally frank. Even so, thousands of pages in the declassified tranche are redacted or completely blank, attesting to ongoing sensitivity of some of the subjects being discussed. On a more personal level, the documents reveal the names of people that I knew while growing up, both embassy officials as well as private businessmen, school officials and missionaries (they were all men) who were fathers of kids that I went to school with and who either wrote the cables in question or served as informants to the embassy.

One of the most disturbing aspects of the reporting is the constant references to the Argentine security forces use of murder and torture. Time and time again the cables detail how torture was used to extract information and confessions, often followed by the murder of prisoners. The cables report things such as corpse disposal techniques improving after scores of bodies were discovered in public places with clear signs of torture and execution-style bullet wounds (among others, the “disposal-via-plane” method–where prisoners were sedated, loaded onto Air Force planes and dumped over the South Atlantic away from shore–was perfected after weighed-down bodies surfaced in the River Plate and many others were identified on land even though efforts had been made to destroy any possibility of identification). They note that many of the dead were said to have been killed in armed confrontations with security forces that never happened, and that many of those killed were students, unionists, academics, journalists, politicians and others unconnected to the various guerrilla groups (Montoneros and Ejercito Revolucionario del Pueblo or ERP, primarily) that were operating at the time.

The more I read the more I began to question a long held belief of mine: that torture does not work as an interrogation method, but instead is simply a cruel form of punishment. Readers may remember that, following on earlier academic and policy writing on the subject, I blogged here at KP about how torture does not work. But as I read the horrific descriptions of the methods used by the Argentine inquisitors and what happened as a result, and even though I had interviewed a few torture survivors during my human rights work, it dawned on me that I was wrong. Torture does, in fact, work as a means of extracting time sensitive tactical as well as strategic information from victims. Allow me to explain.

Torture only works in specific circumstances. Where it does not work is in democracies with strong institutions and the rule of law. Take, for example, the US torture program known as “enhanced interrogation.” This was an extension of coercive interrogation techniques that US military counter-intelligence officers developed by adapting a blueprint provided by the Survival, Evasion, Resistance and Escape (SERE) programs operated by the US military for personnel at high risk of capture in hostile territory. Those programs emulated the unpleasantness of foreign interrogations (say, by North Vietnamese) so that those going through the SERE programs would have the mental and physical ability to cope without breaking.

After 9/11 the CIA decided to turn SERE on its head and use it as a basis for enhanced interrogation of suspected jihadists. That in turn led to its use by the US military against jihadists and insurgents in places like Iraq and Afghanistan. Supervised by psychologists and medical doctors, techniques like water-boarding, exposure to extreme temperatures, sleep deprivation, painful binding by ropes, simulated executions and threatened electric shocks (where captives were hooked up by wires to car batteries or wall power outlets), simulated attacks by military working dogs (reportedly suggested by Israeli intelligence because of Arabs’ aversion to dogs) and sexual degradation were used by interrogators to try and extract both real-time and broad picture information from prisoners. The pictures that emerged from the Iraqi prison at Abu Ghraib–where US Army military police went rogue because of the environment created by their commanders–alerted the world to the fact that the US was routinely employing torture as an interrogation method, something that also occurred at detention facilities at Baghram Military Air Base in Kabul and in at the detention centre (Camp X Ray) operated by US Marines at the US Naval base at Guantanamo Bay, Cuba. This stopped when the Obama administration took office.

There were limits to what the US torturers would do. Deaths, rapes and other atrocities did occur but the overall thrust of US torture programs was to avoid such “excesses” and to remain within the broadly defined limits of US military codes of justice and the laws of war. It can be argued whether that in fact happened, but the point is that the US military, the CIA and the US government all wanted to give at least the appearance of norm adherence and legal cover. This forced the interrogators to engage in self-limiting strategies when it came to the treatment of prisoners, even if the boundaries of that self-limitation were broad. They were constrained by both the institutional and legal apparatus under which they operated and perhaps by their internalisation of cultural mores and norms regarding acceptability and limits to what can be done in defence of the State’s interests.

Whatever the reason for the relative self-limitation of the US torturers, the end result is that, rightwing apologist’s bluster to the contrary, limited “actionable” intelligence was obtained via the enhanced interrogation program (this was detailed in the Congressional Report on the matter).

Bottom line? Torture does not work when practiced by agents of modern democratic states with strong institutions and laws and a concern for human rights and civil liberties even when dealing with foreign enemies.

No such thing happened during the “Dirty War.” There were no limits set on what interrogators could do to prisoners other than what their consciences dictated. Moreover, the torturers were required to observe each other’s work, to include murdering people, so as to cement the bonds of group complicity (presumably in the hope of securing group silence in future years). The barbarity unleashed on suspects was medieval, modern and mind-bending in its depravity. The interrogators used flame, electricity, water, blunt, bladed and teethed tools, surgical instruments, pneumatic machines, vices and industrial presses. They removed body parts without anaesthesia for no medical purpose. They made captives perform grossly degrading acts and penetrated them with an assortment objects. They raped and sodomized both men and women alike and used animals to do so as well. They mutilated, tortured and murdered children, spouses, siblings, parents and grandparents in front of prisoners. There was simply nothing they would or could not do in pursuit of a confession and/or information about others. Worse yet, many of these evil beings still walk amongst us, either in exile or still in Argentina in spite of the various trials of officials implicated in the atrocities of the Dirty War.

Beyond the personal tragedies of those victimised, this is the saddest part: The torturer’s methods worked. Time and time again the US cables document Argentine security officials stating that prisoners identified other members of political resistance groups after “hard” interrogations. Time and time again the cables detailed how one by one “terrorist” cells were dismantled thanks to information gleaned from such interrogations. From the time the military took power on March 24, 1976 to the time of the Soccer World Cup held in Argentina in June-July 1978, tens of thousands of people vanished (some into exile) and levels of political violence declined from an average of half a dozen murders a day to near zero. Both urban and rural guerrilla groups were decimated and thousands of people disappeared. By the time the World Cup started under the watchful eyes of the junta and celebrity guests like Henry Kissinger, Argentina was once again at peace, even if it was the peace of the dead.

Two things stand out for me. First, why did the victims give up the names of comrades, friends, acquaintances and family rather than just accept the fact that they were going to die? Surely they must have known that they and the people tortured in front of them would not make it out alive, so why give the torturers what they wanted? All I can think is that while many people broke because of the physical horrors inflicted on them and hoped to escape death in their moment of agony, an equal number broke because they wanted to save the lives of their loved ones even if they knew that they would die and their loved ones or others would likely die anyway. Between desperation and pain, it seems that the captive’s minds searched for futile hope in the midst of darkness.

The second standout point is what made the torturers do what they did? There certainly was both individual and collective psychopathic behaviour involved (such as in the case of the infamous “Angel of Death” Lt. Carlos Astiz, later captured by the British in the first confrontation of the Falklands/Malvinas War), but it also appears that to reach the state of mind that they operated in they had to believe that a) democracy and human rights were useless concepts; b) the rule of law was no longer viable as a social construct; c) ideological enemies were sub-human; d) they were part of a greater good; e) morality was relative and the ends justified the means; f) they were inured to violence given the ongoing and escalating social conflict of the previous decade; g) they had impunity, both present and future; h) their cause was existential (in this case defence of the Catholic, capitalist, heterosexual, patriarchal and white-dominant parameters of Argentine society).

Which is to say, when unconstrained by democratic norms and (at least concern about) the rule of law, torture works. It works because once there is no limit to what torturers can do, their victims have only one–even if futile– hope to save themselves or others, and that is to talk. The democratic “variant” of torture simply cannot enter this realm unless the very values that underpin democratic socialisation are absent in the interrogator.

That explains why I was wrong about the utility of torture. I used to think that torture persisted because it was useful as a punishment that reminded potential victims of the costs of engaging in specific courses of action and thereby deterred them from doing so. I also thought that it involved sadistic pleasure on the part of desensitized socio- or pyschopathic perpetrators.

Now I believe that, along with both of these motives, torture persists throughout history because it is a useful interrogation method under specific conditions where democratic norms, values, institutions and legal codes do not apply. Since democracies have historically been a minority among world governance structures, this can explain the wide-spread use of torture to this day.

I am belabouring the obvious.

I will not go into how the Catholic Church and several democracies were active supporters of the Argentine dictatorship (including the US until Jimmy Carter was elected, and then after he was replaced by Ronald Reagan). Nor will I delve into how civil wars often see more atrocities committed than in foreign wars. What I will note is that when democracies begin to be corroded from within and respect for institutions and laws and basic norms about civility begin to be supplanted by partisanship, opportunism and treachery, then the slide into darkness has begun.

Perhaps that is what happened to the Bush 43 administration, and which may be happening now under Trump. Perhaps it is what led the French to go feral when trying to cling on to their colonial possessions in the 1950s and 1960s.

Whatever the case there is one more thing to ponder. If a liberal democracy like New Zealand had anything to do with the extraordinary rendition and black site programs that the US ran as conduits into and locations for its “enhanced interrogation” efforts, then merely having strong institutions and respect for the rule of law is not enough to guard against complicity in torture when fear of “the other,” bureaucratic opportunism and security partner pressure is involved. That is a major reason why I am interested in reading the Inspector General of Intelligence and Security’s (still delayed) report on whether New Zealand had anything to do with that part of the US “war on terrorism.”

Hamstrung from the start?

datePosted on 09:47, May 30th, 2019 by Pablo

The Royal Commission of Inquiry into the Christchurch terrorist attacks has begun its work. This represents an extraordinary moment in which to examine the mechanics of the event, i.e., how it was planned and prepared, who may have been involved beyond the perpetrator, the timeline that led him to the Masjid Al Noor and Linwood Islamic Centre on that fateful afternoon on the Ides of March, and who dropped the ball when it came to preventing the attacks.

The inquiry represents an opportunity to uncover the systemic, institutional and individual errors that together combined to produce a catastrophic intelligence failure on the part of New Zealand’s security authorities—not just the Police but the dedicated agencies that together make up the larger New Zealand domestic security community. These include the SIS and GCSB as lead intelligence agencies but also intelligence “shops” in places like Customs and Immigration, all of whom failed to see or ignored warning signs in the accused’s movements in and out of the country during the last five years and who may have been organizationally blind to or dismissive of the threat that he represented to New Zealand society.

The inquiry is needed because the Christchurch terrorist attacks represent the worst act of ideologically-motivated non-state violence in New Zealand’s history. March 15 was not a normal day in Aotearoa and it should not serve as a baseline for a “new normal” in the country. A fully transparent and in-depth investigation into the acts of commission and omission that contributed to its terrible success should be of utmost priority.

The two commissioners, Sir William Young and Jacqui Caine, a former High Court Justice and diplomat, respectively, have seven months in which to conduct the investigation and return their findings. These will include the details of what they uncover as well as recommendations for remedies and future action. Their terms of reference include provisions for consultation with the NZ Muslim community and others who have a civil society stakeholder’s interest in the inquiry. The scope of the inquiry is broad, and includes examination of all potential contributors to the chain of events leading up to March 15.

However, there are causes for concern that suggest that the Commission’s work might be hamstrung from the beginning

First, there is the short time frame. Seven months is an inadequate period in which to conduct a thorough investigation into all of the contributing factors. That is complicated by the accused terrorist’s trial being held concurrently with the inquiry, with the Crown’s case overlapping with and mirroring the work of the Commission. Rather than separating the inquiry’s two investigative streams—one focused on the killer’s actions prior to the attacks using evidence from the trial and the other focused on broader factors that contributed to the successful execution of the attack—the inquiry will have to do both simultaneously while the trial runs in parallel (and perhaps beyond the December 10 deadline for the Commission to present its report). Assuming that the Commission will not be sharing evidence with the Crown while the trial is underway, this could limit the scope of the its work.

The second concern is the lack of intelligence-related experience and limited powers of the Commissioners in a context of official secrecy. Although well-respected in their fields, neither Sir William or Ms. Caine have experience with intelligence collection and analysis. They undoubtably have been consumers or evaluators of intelligence reporting in past roles and they certainly are able to keep secrets. But that may not be enough to resist push-back or “bureaucratic capture” by the agencies they are charged with investigating. This is facilitated by the Terms of Reference and its Minute One (“Procedures for gathering Information and Evidence”), which outline why most of the Commission’s work will be done in private on national security grounds. This is permitted by Section 15 of the Inquiries Act 2013 and justified by Clause 10(3) of the Terms of Reference and Section 202 of the Intelligence and Security Act 2017.

The agencies that have been granted secrecy include the SIS, GCSB, Police, Customs, MBIE, DPMC, Justice, MFAT and the Inspector General of Intelligence and Security. No foreign derived information will be revealed in public. A blanket ban has been placed on identification of employees of these agencies whose names turn up in the investigation. In practice, that means that there will be no public accountability for those who may have contributed to the attacks via incompetence, bias or myopia. More broadly, the move to secrecy means that whatever skeletons are uncovered will remain buried away from public view.

The Commissioners do not have powers of compulsion or the ability to veto an agency’s decision to withhold classified materials. That leaves them at the mercy of those they are investigating when it it comes to access to sensitive data, even if what is “sensitive” about the data is not related to national security but to the reputations and orientation of individuals and institutions.

This is not unusual: security agencies under the spotlight often resort to a “get out of jail” card in the form of claiming that open discussion of their actions will compromise sources and methods that are vital for ensuring national security. But the truth that needs to be uncovered in this instance does not involve national security secrets but the derelictions, biases or pressures that might have contributed to the failure to detect and prevent the attacks.

Efforts to limit the openness of the inquiry and the accountability of those that are its subjects must be resisted. The Commissioners need to have powers to compel documents, data and answers from those in positions of authority within the NZ security community and they need help from experienced intelligence overseers when doing so. The Inspector General of Intelligence and Security is one such person, assuming that there would be no conflict of interest involved (since the IGIS has no operational role and hence would not have been part of the command chain that failed to detect and prevent the attacks). A panel of experts with the IGIS, an IGIS representative, or another retired official as chair would be a good compromise option between utter secrecy and full transparency.

A third source of concern lies in the staffing and budget allocated to the inquiry. At $8.2 million the allocated budget is adequate only if it goes towards the investigatory aspects of the inquiry and not public relations or administrative expenses. The Department of Internal Affairs is the host agency of the Commission, so it will be its staff that does most of the logistical footwork underpinning its work. Here again the question of expertise and powers afforded investigators remains an open question.

Another potential problem is the nature of the Commission’s victim outreach program, called the Muslim Community Reference Group. Divisions have emerged over who and how many people should be included in this advisory body. Concerns have risen that self-proclaimed community “leaders” are being shoulder tapped for official interlocutor roles without proper consultation with their purported constituents. This may be due to expediency given the time constraints operative, but it also follows a historically “thin” approach to stakeholder consultation by the NZ State, where what passes for outreach has traditionally been more symbolic than substantive.

Either way, the process of establishing the Reference Group augers poorly for the representative transparency or inclusiveness of the process, something that is acknowledged in the Commission’s Minute One. Plus, the relationship between the Reference Group and the investigation streams is unclear at best but, given the veil of secrecy wrapped around the inquiry, is likely to be little to none.

Finally, the scope of external input into the inquiry, while theoretically extensive, appears destined to be limited in nature. Few invitations have been issued to civil society stakeholders to testify before the Commission, no public meetings have been scheduled and no written submissions solicited (although all have been promised). Along with the mantle of secrecy, this will limit the amount of public review and consultation. That skews the investigation in favour of those under scrutiny.

In effect, on paper the terms of reference for the Commission look thorough and broad. In reality, its work could well be stunted at birth. With limited experience and powers on the part of the Commissioners, a lack of pertinent expertise to help them, unrepresentative liaison with the victims, limited budget and staff and statutory permission for the agencies under investigation to restrict public knowledge of their actions, both the transparency of the inquiry and its ability to identify sources of accountability are compromised.

It is therefore incumbent upon the Commissioners to broaden stakeholder participation in the inquiry, strengthen the Commission’s powers of compulsion, and extend the deadline for submission of its report. It is within their powers to do so even if a court challenge to secrecy clauses in the Inquiries and Security and Intelligence Acts is required. The question is, will they? At the moment that prospect looks unlikely.

UPDATE (June 14): The killer has just plead not guilty to 51 counts and denies being the Christchurch terrorist. His trial date is set for May 4 next year and scheduled to last 6-12 weeks. The nearly year-long delay in bringing him to trial means that the Royal Commission will have done its work and issued its report six months prior to the trial. What that means for the execution of justice and the content of the Commission’s report is unclear but at a minimum it removes court testimony under oath from the inquiry. Given what I have outlined above with regards to secrecy and the inability of the Commissioners to compel testimony under oath or the surrendering of classified material, the lack of access to court testimony and evidence weakens the inquiry even further.

First a massacre, then the push back.

datePosted on 13:31, April 2nd, 2019 by Pablo

During the first hours and days after the terrorist attack in Christchurch, I tried to be optimistic about what could come out of the event. I saw it as a window of opportunity and teaching moment, a time to grieve, heal and reflect on what New Zealand is as a society. I thought that we could finally confront the elephant in the room: that underneath the veneer of tolerance and egalitarianism there is a dark underbelly in New Zealand. It is called racism.

For the first week it seemed that the opportunity was going to be seized. The government responded with empathy and compassion for the victims and with decisiveness when it came to banning certain types of military-style weapons and parts that can be used to modify hunting weapons into military-style ones. It is pondering how to give the killer a fair trial without turning it into a martyr-making propaganda circus. It is reviewing hate speech laws and has ordered a Royal Commission inquiry into how the attack happened and the intelligence failures that may have contributed to it. The majority of the nation followed its lead and demonstrated that most Kiwis are, in fact, decent people.

However, in the ensuing days the national conversation has been side-tracked. After a period of silence or contrition, rightwing outlets are back to their old enabling games. Outlets like the virulently Islamophobic Whale Oil and slightly more moderate blogs have enforced some degree of moderation when it comes to the language used by authors and commentators, but the hateful tone toward the “Other” remains the same when read between the lines. The rightwing rallying cry is defence of free speech, in which the ruse used is to deliberately conflate protected offensive speech with hate speech in order to demonstrate that “liberal” democratic values are under siege by overzealous Lefties using the tragedy and their control of the state apparatus to impose their will on dissenters. This risable argument is supported by some on the venerable Left who seem to be more concerned about defending the rights of nasty white people rather than consider the fact that it is those people who facilitated and enabled the nasty white guy’s mass murder of a bunch of brown folk whose sole crime was to exist (and who made a point when doing so by gunning them down when they were practicing their faith in their houses of worship).

Diversionary tactics aside, let us be clear. When it comes to free versus hate speech the issue is simple: any speech that incites, encourages, supports, applauds or otherwise instigates or excuses violence against individuals or communities because of who they are (as opposed to anything they have done, although even there the call to violence is debatable), has crossed the line from protected speech into hate speech. Offensive speech remains protected, but the urging of violence is not. The issue is not about causing offence; it is about causing harm.

The gun lobby also has decided that amnesia is the best part of public virtue so now moans and whines about “law-abiding” people losing their gun rights thanks to the government’s legislative reforms, conveniently forgetting that the killer was a law-abiding loser until the moment he stepped out of his car down the street from the Masjid al-Noor on Deans Avenue. Here too, the issue is simple (and I urge readers to look up my blog colleague Lew on Twitter to see his very reasoned explanations of the matters at stake). Tightening of licensing requirements and enforcement of laws governing purchase of semi-automatic weapons and removal of conversion kit and military-style weapons does not infringe on the privileges of the gun-owning majority (note that it is a privilege to own a gun, not a right no matter what the bloody NRA would have us believe). The law changes do not prevent anyone from using guns as tools to target shoot and kill critters. It just helps lower the human body count when a gun owner goes off the rails (do not get me started on the “but then only criminals will have such guns” argument because that is a matter for strict law enforcement, and law enforcement must have the will to, well, strictly enforce the law rather than play nice with gangs and assorted other bad guys).

Then there are the closet racists who have emerged into the light like the Hamilton city councillor and Immigration officer (?!), who besides ranting on Facebook (a prime vector for hate speech in spite of recent bans on white supremacists) about immigrant “scum” in Europe after the Paris terrorist attacks now says without a hint of irony that NZ needs to “move on” from the Christchurch event. He is joined by a-holes like Brian Tamaki, who claimed that the call to prayer on the day of national remembrance a week after the attack was proof the Sharia was being imposed on NZ. He appears to not be the only non-Pakeha religious leader (if you can call a fraudster con artist that) with this sentiment, as I have been told by informed community members that Islamophobia is very much a staple part of sermons in some Pasifika Christian churches.

Assorted talkback hosts and politicians are now in full “whataboutism?” mode, trying to equate the evils of Muslim extremists (and Islam itself) with those of other fanatics (while conveniently avoiding their ideological cause). This follows the denialism of such (perhaps as of yet closeted) politicians as Gerry Brownlee and Lianne Dalziel, who claim (Brownlee in very pointed remarks directed at me) that they were unaware of any white supremacists in Christchurch or anywhere else in NZ. Sensing an opportunity, people with ideological personal and agendas are in full throat, be it as purported experts on gangs and terrorism or pushing lines such as that the 1881 assault on Parihaka is a comparable atrocity (in which no one died).

Let’s not muddy the waters. Arguments about gun control and free speech and the historical grievances that are part of the national story are all diversions from the essence of post 3/15 New Zealand. The core subject is that of racism and the cesspit of bigotry in which it festers, from the enabling head-nodders to the inciting megaphones to the keyboard cowards to the actual perpetrators of physical and psychological (yes, they exist) hate crimes against people who supposedly are “different.”

This is not just a problem with a few skinheads. It is a problem for all. Some Pakeha hate Maori. Some Maori hate Chinese. Some Chinese hate Polynesians and some Polynesians hate Palangi. Some Maori and Pakeha hate Chinese and some Chinese reciprocate the feeling. Some hate Muslims and some hate Jews. Some hate Muslims, Jews and anyone who is brown, black or “yellow.” Some hate gays, lesbians and transgender people. Some hate red heads. Some hate the notion of equality when it usurps patriarchy or heteronormative values. Some hate is individual, some of it is institutional and some is systemic. Some hate involves relationships and asymmetries of power, but not always. Hate comes in multiple cross-cutting dimensions that serve as the foundation for ongoing bigotry and racism. In contemporary Aotearoa it may be a minority sentiment that is fractiously manifest rather than uniformly presented, but it is the wretched garden in which the bitter fruit of bigotry and racism are sown and reaped. And it is endemic in NZ.

THAT is what the national conversation should be about. That is what our children should be taught about. That is what the enablers, accomplices and purveyors of racism must be confronted with. This is no longer a time when we can look the other way, say “she’ll be right” and hope that the unpleasant stuff just goes away.

3/15 changed all that, and it is time to stand up and be counted. And being counted is not to just have academic panel discussions and government inquiries and commemorations. It is about confronting racism and bigotry wherever it rears its nasty head and however it is specifically manifest: on the streets, in buses, in shops, in schools, in sports clubs and volunteer organisations, in churches, in local politics, on-line, on talkback radio and in town halls and community fora–whenever the trolls rise there must be righteous people willing to call them out for what they are: ignorant fearful losers looking for scapegoats for their own failures in life.

It is hard to confront someone, especially if they are bigger or in groups. So strategies must be developed to help the average person perform this important civic duty. That means gaining the support of and involving the authorities so that complaints can be made and charges laid without undue risk to the good people calling out the antisocial misfits. Because if all we do is talk about what a bummer racism is and then go back to our own self-interested lives unwilling to actually walk the walk of daily anti-racist conviction, then we truly are a nation of sheep.

The Hollow Giant.

datePosted on 16:42, March 14th, 2019 by Pablo

Towards the end of the Soviet Union, intelligence analysts in the US began to focus more on its social geography and less on its military capabilities (which if formidable were not keeping pace with US technological advancements). This came about because, unlike the Kreminologist bean-counters, more astute analysts saw in that technological stagnation fundamental signs of a society in decline. The simplest of the observations made during those years was this: the problem of productivity in the USSR “worker’s paradise” was in large part due to the fact that work only got done in the mornings. After a (liquid) lunch, workers simply were too drunk to put in more hours of hard graft. The problem was apparently pervasive, to include inside the Soviet military. This led to scrutiny of data on alcohol-related injuries, illnesses, deaths and other pathologies (street fighting, domestic violence) which, even if incomplete given the nature of Soviet rule, allowed the US intelligence community insight into the causes of what turned out to be a terminal malaise of the Soviet social economy.

Technological innovation is hard to come by, much less put into practice, when many of productive age prefer distilled spirits over spiritual or societal improvement. The “Socialist Man” was no more.

I say this because the US is starting to increasingly look like the Soviet Union in decline. The president just announced his 2020 budget proposal that includes US$714 billion on “defense” but cuts US$1.7 trillion from public health, education, welfare and social security allocations while decentralising and privatising nearly as much through the use of bloc grants to states and profit-oriented entities.

This is important to understand because the US is a nation with increasing numbers of elderly, fixed income residents who depend on social services to live out their twilight years with some measure of dignity and grace. It is in the midst of an opioid crisis of unparalleled dimensions, to the point that a US resident is more likely to die of an opioid overdose than in a car crash. The Trump budget does nothing to address that.

Income inequality continues to grow, with nearly 40 percent of US residents (140 million) living near or in poverty. Health indicators remain largely stagnant. While some areas improved, other declined, with geographic dispersion and income being major factors in health indicator scores nation-wide. Likewise, education statistics show a levelling off of the number of people graduating from both high school and tertiary institutions, while literacy rates are showing signs of slipping.

The point of these data source linkages is to show that while the US continues to devote huge amount of resources to its military, it is under-resourcing and therefore underachieving on major social indicators that are the backbone of a healthy, robust nation (both characteristics of the USSR in decline). With Trump in office the hollowing out process has accelerated to the point that the US has begun to cede ground to rivals when it comes to technological innovation: witness PRC advances in space exploration, Russian hypersonic weapons development and the myriad high tech incubators sprouting up everywhere from Mumbai to Buenos Aires.

This is not to say the the end is nigh, but it does indicate that if not Rome before the Fall, the US is starting to look more and more like the USSR before perestroika and glasnost.

The trouble for the US is that all of its ills are compounded by the crisis of its political system, which is not just embodied in the persona of Donald Trump and his entourage of grifters, incompetents and venal opportunists. It is also enshrined in the Republican Party, which abandoned any pretence of adhering to principle in pursuit of partisan gain and personal enrichment. That in large part is due to the profound corruption of the political system, now dominated by corporate lobbies and insider deal-making that are oblivious to the popular will. This extends to the judiciary, which far from being independent in many instances has deep ties to the private and public agencies that it is responsible for adjudicating (for example, via the appointment of corporate lawyers to state-level and federal district benches).

The USSR was fortunate to have Mikhail Gorbachev as its eighth and final leader. He knew that the pathologies mentioned at the start of this essay were irreversible under the system as given and that the USSR could not respond to, much less sustain the pace of the competitive pressures of strategic rivals pressing ahead with socio-economic and military advancements. He knew that the system was broken and had to change, not only economically, but socially and politically as well. As much as we may look back at his days as tinted with too much idealism and too little understanding of the deeply rooted authoritarian ethos embedded in Russian culture, he was able to resurrect Russia out of the ashes of the former USSR and set the stage for its return to great nation status under subsequent (and much less enlightened) leadership.

The US has no such saviour. What it has is the political equivalent of a drunken sailor lurching about after a night on the terps. In fact, to continue the analogy, the US political system is a bit like the drunk who finds himself lying in a gutter, bruised and covered in his own secretions. At that moment, he has two options: realise that he has hit rock bottom and get up and seek help; or roll over, sleep it off and continue on a bender once he can stand again. The US–or at least the Republican Party and the MAGA masses–has chosen the second option.

For Soviet workers in the late 1980s and early 1990s, the turn to liquid lunches represented a quiet, passive protest against the failures of the worker’s State. It was a weapon of the weak used against uncaring bureaucrats and apparatchiks who no longer related to the everyday struggles of the Soviet Man. Used as a form of collective action, it slowly ground the Soviet productive apparatus to a near halt, thereby making it vulnerable to the pressures of its external rivals at the same time that it no longer had the internal vigor, will or stability that allowed it to defeat the Germans in WW2 and grow into a super-power. It was just a shell of its old self, a mostly declawed paper tiger that while dangerous if cornered, was in need of rejuvenation based on fundamental social, economic and political change.

In a sense the US is in the same predicament, except that it does not know it yet. Its form of capitalism has gone from cowboy (they would say “entrepreneurial”) to rapacious. It is no longer a meritocracy for all (if it ever truly was), at least if the recent university admissions pay-to-pay scandal is any indication. It still has leading edge sectors of the economy, but the bulk of GDP is located in provision of services rather than production of tangible assets. It has a political class that is decadent, venal and corrupt. And it has an alcoholic’s blindness to its own flaws and failures, instead hiding behind short-sleeve patriotism and nationalistic bluster.

Robert Mueller will not be the US’s Gorbachev. Even when Trump is removed, the systemic problems that have caused the US decline will remain. The crisis, in a word, is organic. US politics is broken, society is fractured and the economy is more brittle that it appears at first blush. Maybe the Democrats will stage an intervention in 2020 and remove the addled-minded bully from the White House along with his congressional enablers. Perhaps a new social contract can emerge from the MAGA mess that rejects its core tenets of chauvinism, xenophobia, bigotry, ignorance and greed. It is possible that the era of short-sighted economic opportunism rooted in finance capital, the military-industrial complex, social media tech and fossil fuels will finally come to an end. But if that does not happen, then the Hollow Giant will plod along like Nero in a stupor or the USSR under Brezhnev until it, too, ultimately falls.

The unwanted jihadist.

datePosted on 11:31, March 6th, 2019 by Pablo

It turns out that Kiwi-born Mark Taylor, known as the so-called “bumbling jihadist” because he left the GPS tracking feature on his phone while he made pro-Daesh videos (including one where he burns his NZ passport and another where he calls for jihadists to stab police and military officers at ANZAC Day celebrations), has surrendered to the Syrian Democratic Forces, a Kurdish peshmerga alliance that is part of the mostly Western military coalition fighting Daesh under the name “Operation Inherent Resolve.”

He was fortunate or smart enough to surrender to the Kurds, who respect the laws of war and Geneva Convention when it comes to captured jihadists, something neither the jihadists themselves or the Syrian Army are in the habit of doing. This means that he can be transferred to other, Western members of the coalition for juridical administration. He is merely being held by the Kurds after he admitted who he was and that he was a member of Daesh. As far as the Kurds are concerned he has committed no specific crimes under their laws (beyond, perhaps, criminal association), so he is taking up space in a cell reserved for more unpleasant characters.

The issue of what to do with him has become a political football in NZ. The PM says that there is little the government can do for him because it has no diplomatic representation in Syria, much less the East Syrian conflict zone. But she then says that as a NZ citizen he is “our responsibility” even if NZ cannot help him where he is. The Deputy Prime Minister/Foreign Minister says good riddance to him, in part because he turned his back on his birth country and in part because he is a bigamist. The Opposition and Right-wingers of all types set to xenophobic baying about his betrayal of his home country, the risk he poses and the amount of taxpayer dollars that would be wasted on his return both in terms of travel as well as monitoring and incarceration of him.

The PM went so far to say that NZ has “no relationship” with “the forces” fighting in Eastern Syria even though it is well known that US, UK, Australian, French and German forces are fighting alongside the Kurds and NZ SAS troops are rumoured to be doing so as well. The NZDF has senior officers on the Joint Task Force staff assigned to Operation Inherent Resolve, so the notion that NZ has “no relationship” to those fighting in Syria (the same forces who drove Daesh out of Mosul and westward into Syria) is disingenuous in the extreme.

What is worse, the Australian journalist who interviewed Taylor in the Kurdish jail claims that Taylor told him that he was interviewed by NZ intelligence officers (presumably SIS) shortly after his capture/surrender in December. If that is true, then the government has not only known for a while about his whereabouts but is claiming no possibility of contact with him even though he has had face-to-face meetings with NZ agents. Be that as it may, I am still of the opinion that he may have some useful intelligence value left in him, as questioning in a Kurdish jail in winter is a bit different than interrogations conducted in a NZ detention centre at any time of year.

Given the amount of dissembling and ignorant ranting going on, I thought that I would clarify some of the issues at stake.

On the matter of whether or not Mr. Taylor has NZ citizenship in light of his renouncing it: Only a State can confer and withdraw citizenship. A person claiming to renounce citizenship without State sanction is just stating intention, not deed. Burning a passport (a token of sovereignty) just prevents one from legal inter-State travel. Citizenship is conferred by birth or by application and only lost when the State withdraws its recognition of it. That has not happened with Mr. Taylor. He remains a NZ citizen.

Under international law undocumented criminal suspects, including terrorists, are to be returned to country of birth if known. If an undocumented suspect is captured in battle or surrenders to an allied belligerent in a recognised conflict, s/he is a POW and must be treated as such. This includes irregular non-State belligerents captured by non-State actors like the SDF working alongside State militaries during an internationally approved (in this case UN-sanctioned) conflict against a common (in this case non-State) foe.

If possible, captured undocumented enemy POWs must be returned to their known country of origin to face justice. They can be kept in allied and home country military custody during transfer. There is no need for consular assistance or travel docs if they remain in military custody, just access to legal advice during process. Conversely, the military can transfer the prisoner to a location where his country of origin has diplomatic representation, whereupon he can be issued emergency travel documents. NZ has representation in both Iraq and Turkey, both of which have ties to the anti-Daesh coalition. It is therefore relatively easy to move Mr. Taylor out of Kurdish custody, into Western military custody and onwards to a location that either has NZ diplomatic representation and /or NZDF presence to whom he can be delivered (think, for example, of moving him from Kurdish-held Eastern Syria to Camp Taji in Iraq).

Should Mr. Taylor be returned to NZ he can be arrested and charged at the border under the Terrorism Suppression Act for being a member of an internationally-designated terrorist entity. To that can be added other charges depending on what he is suspected of having done while with Daesh and the evidence compiled of him doing so. At a minimum he could receive a 6-7 year jail term for aiding and abetting a criminal organization. At a maximum he could he found guilty of war crimes or crimes against humanity if he is found to have participated in atrocities or collective acts of violence against civilians (such as the enslavement of Yaziri women and girls as sex slaves. He has admitted he would have liked to have had a sex slave but could not afford one, so the question remains as to whether he participated in any act of kidnapping or enslavement while in Syria). NZ has legal authority to prosecute its citizens for war crimes and even though it does not have the death penalty (except, apparently, for treason), a guilty verdict on a war crime could result in life imprisonment.

Concerns have been voiced that if he returns home the leniency in the judicial system could see him freed and out on the streets. There is a possibility of this if his defence attorneys ask for psychiatric evaluations that prove that he is not mentally competent to stand trail. He clearly is intellectually sub-par (an uncle of his claims that he suffered brain damage as a toddler during a fit of some sort), and his actions over the years indicate that he may be a bit of a lost soul. Even his co-religionists at the mosque that he worshipped at in Hamilton say that he was more interested in companionship and a sense of belonging than in waging jihad.

If he is released he undoubtably will be monitored closely, not only by the security services but members of his own religious community. In fact, I would not be surprised if he is shunned by the latter because of the disrepute he has brought upon them. So as far as posing an on-going risk to society if he returns and is freed, I would hazard the guess that it would be very low.

The more likely scenario is that he will return in custody, be held on remand during the time he is on trial, be found guilty of terrorism-related crimes and sentenced to a significant period in prison. Some believe that if that happens he will then work to radicalise fellow inmates, as is often a common practice in US and UK jails and which has some precedent in NZ. But the truth is that Mr. Taylor is a follower not a leader and does not have the cunning and agile thought processes that would make him a convincing jailhouse preacher. So here too my reckon is that he will not pose a threat of radicalisation to other inmates. If anything, other inmates will pose a threat to him (think white supremacists, gang members and others who make take a dim view of his citizenship renunciation and embrace of Islam and jihad).

There is question as to whether he has wives and/or children in Syria. That is a humanitarian concern because arguably they are innocents caught up in his mess. If it turns out that he does in fact have family in Syria, the question is then what to do with them? If they have no connection to NZ it is perhaps best for them to return to their hometowns, but that is a question that refugee resettlement and immigration officials will have to address in the event that he is returned to NZ.

The most sorry aspect of this is that the fate of Mr. Taylor has become yet another pawn in the partisan bickering in Wellington. The truth is that the case is straight-forward: he is a NZ citizen and member of a terrorist organisation who was captured by allied forces. His return is mandated by international law. NZ law requires that he be arrested, charged and tried according to provisions in the Terrorism Surpression Act and perhaps other related laws. Anything other than this is an abdication of responsibility by the NZ government and a denial of his democratic rights to a fair trial and legal defence (because even bad guys have legal rights in democracies).

For NZ there is opportunity in this process. Returning him and putting him on trial demonstrates that NZ is a responsible international citizen that assumes the burden of dealing with its own when they misbehave (because let us be clear: membership in Operation Inherent Resolve is not just about contributing to the military campaign against ISIS in the Levant; it is also about accepting responsibility for deciding the fate of coalition member citizens who joined ISIS and lived to tell the tale after capture). It gives the Crown an opportunity to test the TSA after the fiasco of the Urewera 18 case (the so-called “dog’s breakfast” case that saw seven people eventually tried on firearms, not terrorism charges). It shows that NZ is a a nation where the rule of law supersedes political cynicism and popular sentiment. It serves as a cautionary tale and possible deterrent to other home-grown would-be jihadists. And it keeps at least one foreign fighter from returning to Daesh any time soon.

Interest, values, trade and security.

datePosted on 14:59, February 18th, 2019 by Pablo

The media frenzy about the NZ-PRC relationship got me to thinking, but as I got to thinking I found myself meandering off of my original train of thought. You see, at first I was pondering the one-sided, hectoring nature of the media coverage, where pro-China shills like the business writers at the Herald and assorted corporate types and National Party flunkies like Tod McClay were allowed to run their mouths about how the relationship with China was headed down the tubes. There was the Kiwi coward resident 34 years in China* who implicitly disparaged Anne Marie Brady by saying that “(i)t’s unhelpful for politicians and a few anti-Chinese professors to feed uncorroborated McCarthyite conspiracies about Chinese spy networks in their countries and targeting anyone who doesn’t share their view.” There was Audrey Young’s reference to “ivory tower” eggheads in her regurgitation of business lobby bullet points. All of this was offered without a single rebuttal.

  • *I am not going to mention this useful fool’s name but it would have been nice if a “journalist” has asked him, given his long residency in China and successful business ventures there, whether he was a dual citizen and/or member of or has ever had any formal contact with the Chinese Communist Party, whether he has ever had to “facilitate” transactions or provide pay-offs to party or local officials and whether he is on any Chinese government payroll as a spokesperson, business “ambassador,” representative, go-between or in any other capacity. I say this because it is unusual for Chinese authorities to allow non-diplomat Westerners to comment on official reactions to PRC-related events in foreign countries even if they are citizens of the country in question.

There were even pro-China academics featured in the media and assorted pundits opining that the Labour-led government needed to pull an about-face and correct things ASAP. There were the usual skeptics about the GCSB rational for advising against using Huawei in the 5G roll-out. One of them, a well known rightwing blogger and pollster, used a 2012 junket to Huawei headquarters paid for by the company to proclaim that all the security concerns were a stich up up of an honest company so that Western telecom firms could gain a competitive advantage. There were the usual shouts of racism from the Chinese language media and wanna-be “influencers.” There was even something that looked suspiciously like a planted fake news article in an English language mainland media outlet that was extensively and uncritically quoted in the Herald that said that Chinese tourists in Aoetaroa complained about being “stabbed in the back” by the Kiwis. I shall leave aside the curious fact that the article only appeared in English and used rather odd quotes to describe the reaction of tourists to a minor diplomatic row involving their home and host countries–a row that had zero effect on them.

It was all so sickly obsequious to the Chinese that my initial thought centred on whether most of NZ’s business and political elites (and their lackeys in the media and academia) were so obsessed by self-enrichment, greed and short term opportunism that they completely lost sight of their moral compasses. After all, China is a one-party authoritarian state that uses mass internment camps to control a restive ethno-religious minority, mass surveillance as a form of social control, violates human rights in systematic fashion, transgresses international norms and laws as a matter of course (such as in the island-building projects in the South China Sea) and uses bribery, corruption, fraud and intellectual property theft as an integral part of its business development models. This would seem inimical to the values of the paragons of virtue extolling the “special relationship” between the PRC and NZ but nooooooo. The Chinese are good for the NZ economy and that is all that matters. It would seem that the trade-oriented business elites and their political puppets are China’s Vichy representatives in Aotearoa.

That sent my thoughts in a more academic direction. I recalled that Marx wrote that the combination of private ownership of the means of production and universal suffrage could not hold because if everyone got an equal vote and only a few were property owners (capitalists), then capitalism would be voted out of existence. He was wrong about that due to the reform-mongering function of the capitalist State, but that got me to thinking that he also wrote that capitalists were incapable of being patriots because profits were made globally and hence their interests were not confined to their countries of origin. People may recall that in the Manifesto he wrote “workers of the world unite!” as a response to capitalism as it entered the Gold Age of imperialism, a topic that Lenin subsequently developed a greater length.

It occurred to me that in the arguments about China we see a NZ variant of this. NZ capitalists and their toadies do not give a darn about democratic values, transparency, norms, a rules based order or the security concerns of Western states. They are in it for the buck and if that means kowtowing to a dictatorship then so be it. Given that NZ business and political elites have kowtowed to the likes of the Saudis, this should not be surprising. In their view if there is money to be made then the less impediments to doing so the better.

The smarter types will show the structural impact of Chinese trade with NZ by citing the usual $27 billion in 2018 bilateral trade figure and 8,700 jobs connected to it. But this trade is mostly in milk powder, tourism and English language and tertiary education (as NZ exports) and consumer non-durables (electronics, light machinery and plastics, mostly) as imports, so it is not as if NZ is going to turn into a high tech artificial intelligence and robotic hub thanks to the Chinese. The bottom line, then, is the bottom line: NZ capitalists by and large will cling to the window of opportunity presented by the opening of the Chinese market even if it confirms our trade dependency on primary goods and agro-exports and even if it means sacrificing NZ’s commitment to principle when it comes to exercising an independent foreign policy.

That was going to be the end of my thought process on the matter. I was going to balance the criticism of China by noting that the US and traditional Western partners have less than stellar records in their foreign relations and spy histories and that the US under Trump is an insane clown posse when it comes to international affairs even if the intelligence and security professionals who staff the 5 Eyes network would not be swayed by the craziness swirling around them and would make assessments about security matters on objective grounds. But then I got to thinking about something I read repeatedly on right-wing political sites: values.

One of the major objections to the Chinese and NZ’s relationship with the PRC appears to be the issue of values, or the fact that we do not share values. People point out the long cultural ties that bind NZ to the UK and Anglophone Commonwealth as well as the US. They point to joint sacrifices in war and peace, common sports, notions of good and bad, proper behaviour, etc. These folk do not want these shared values to be usurped and replaced by Asian values, or at least the Confucian-derived cultural mores that contact with China brings to NZ. The list of fears and concerns is long but the bottom line is that many on the conservative side of the political ledger have real fears of the Chinese “other” that go beyond the “Yellow Peril” of the Cold War.

That prompted a turn in my thought. You see, although I have a fairly idealistic streak and understand the utility of constructivism in international relations practice, I am a realist at heart. And realists are not sappy snowflakes looking for a global group grope. Instead, they focus on two things as the currency of international relations and foreign policy: power and interest. As the saying goes, in an anarchic world or Hobessian state of nature where values are not universally shared and norms are contingent on voluntary acceptance by independent State actors as forms of self-imposed restraint, then what matters is the exercise of power in pursuit of national interest.

That leads me to the following pseudo-syllogism:

States have interests, not friends.

Foreign partnerships are based on interest, not friendship.

Trade and security relationships are therefore interest-based.

They may overlap, complement but should never countervail.

A State’s degree of interest in any matter is self-defined.

Values help define but do not determine interest.

Interest may be influenced by values and values may involve shared cultural mores, norms and history that make for notions of “friendship,” but interest is not reducible to them.

Interest prevails over values when interest and values are at odds.

It is the relationship between values and interest that concerns me now. If I accept that values are only part of the definition of interest, then I must accept that shared values do not necessarily place some forms of interest above others. Nor does the absence of shared values do likewise in the negative. And if that is the case, then the matter of trade versus security must be weighed based on the degree of value-free interest in each and the impact each has on the ability of NZ to wield what limited power it has on the global stage.

The issue is problematic because NZ has long claimed to have a “principled” foreign policy that is based on the values of independence, multilateralism, transparency, non-proliferation, human rights adherence and assorted other good things. I do not believe that NZ actually adheres to these when push comes to shove or even as a foreign policy bottom line, but if virtue signaling in international relations is characterised as lauding the role of “principle” in foreign policy, then NZ is the semaphore of that movement.

To be sure, NZ is a trading nation and is committed in principle to it. Securing a favourable balance of trade that helps GDP growth and distribution is a matter of economic security and must be included in any national security estimates, to include threat assessments. There are as a result practical and principled reasons why the issue of assessing relative interest is so important and why it may favour the trade whores.

Put another way, what are the interests at stake in NZ’s security relationships and what is their worth to the national well-being when juxtaposed against the country’s trade relationships (since security and trade have been uncoupled in the NZ foreign policy perspective)? If the benefits of trade are real and immediate while the benefits of security partnership are more ethereal or hypothetical than real (especially given the actual and opportunity costs involved), interest would dictate that trade should be favoured over security. But what if the benefits of security relations are more like those of insurance policies, in which you only fully realise them when you need them? How do you calculate the pluses/minuses of the trade-security dichotomy over the medium to long-term?

I do not have the answer to this. I have written plenty about the NZ-PRC-US strategic triangle and the unfortunate balancing act NZ has to engage in because of the misguided attempt to trade preferentially with China, on the one hand, and seek security guarantees through partnership with the US, on the other. Either could have worked in isolation or when the two great powers were not in competition, as it seemed when the two-track foreign policy approach was developed and refined in the late 1990s and early 2000s. But those days are long gone. There are ascendent and descendent great powers contesting for dominance in the Western Pacific, and we are just another pawn in their increasingly acerbic game.

So the question now is how do we measure “interest” in our trade and security relationships and which, on balance, should we favour given the centrifugal pull of each on our policy-makers? Do we give up our Western-centric security ties to fully embrace a China-led Asian/non-Western foreign policy orientation? Or do we give up the material benefits of our Asian-focused trade, learn to live within our means and reaffirm our security ties to our “traditional” partners? Is there a middle road or happy medium that can be pursued without suffering the consequences of alienating our partners on either side?

That seems to be the preferred option for the moment. But that assumes that NZ has a choice in the matter and that its behaviour will influence the corresponding behaviours of its larger, contending interlocutors because their respective interests are maintained by our dichotomous foreign policy approach. That is a very tenuous assumption to make because it is also quite possible that in the end it will be a larger partner who, exercising its power over us in its own national interest within a strategic context dominated by great power rivalries, that makes the choice for us.

Spare a thought for Anne-Marie.

datePosted on 10:10, February 15th, 2019 by Pablo

Put yourself in the following position: You are a professor at a NZ university, a NZ citizen who although well-known in your academic sub-field is virtually unknown outside of academia. Your research interests focus on the foreign policy of an Asian country and you have written well-received books and articles about aspects of it. You speak and read the language of that country and have many contacts in it. Because of your acknowledged expertise, you are invited to give talks and presentations on these subjects and are awarded visiting fellowships at prestigious institutions overseas.

In 2017 you write a paper about how the country you study influences politics in NZ. The paper is not theoretical or conceptually ground-breaking, but instead gives a fairly detailed description of the people and organisations involved in promoting the interests of that country in Aotearoa. It demonstrates the pervasiveness of this influence-mongering amongst the NZ political elite, including the two major political parties. It also shows the systematic way in which this country uses front organisations to control the foreign language media related to it as well as shut down independent ex-pat voices critical of it. The country you study is, not surprisingly, ruled by a one-party authoritarian regime and intolerant of criticism at home and abroad.

The paper is first presented overseas, whereupon the local media seize upon it to highlight how that country is exploiting the NZ political system. You receive much media attention and gain your five minutes of fame.

However, within weeks of it being made public, you begin to receive threatening messages and phone calls from people who apparently do not like the thrust of your paper. A few months after its publication your university office and home are burgled, twice. Nothing of value is taken other than some cell phones, lap tops and flash drives. The thieves make no attempt to disguise the robberies.

You go to the police to report the crimes. You have not had this happen to you before and you are concerned that the burglaries may be connected to the threats about your paper. The police initially fob you off saying that burglaries are a low-level crime and therefore of low priority, but then re-open their investigation after you go to the media to express your concerns that something sinister may be at play. The police dedicate a special investigative unit to the task and contact Interpol, the international police information sharing organisation, about the case. Months go by.

Almost a year after the burglaries, while your car is being warranted, the mechanics doing the job notice that your front tires appear to have been deliberately deflated. Not knowing who you are they contact the police because they believe the vandalism could result in a serious accident. The car in question is used by other family members as well as yourself, so when the police contact you it causes you further alarm. You worry about the safety of your husband and children as well as your own.

A few months after the tire-tampering the Police issue a statement saying that the investigation has concluded with no culprits having been found, either for the burglaries or the tampering. They encourage people with additional information to come forward but reiterate that they will not continue to investigate the case. The offenders have gone free. Meanwhile, even though statements of support for your right to academic freedom and freedom of expression have been signed by scholars and activists at home and abroad, the government–including the Prime Minister–refuse to be drawn on the case.

What are you to do? Here you are, a NZ citizen who has every reason to believe that the actions taken against you have the hand of a foreign power. behind them. The police offer you no protection but instead advise you to up your own security and have the university do likewise in your workplace. You do not know if the offenders are still in your home town or if they will come back again. You put on a brave face but you are afraid. You might even consider moving to a safer place, perhaps out of the country.

This is the situation facing Anne Marie Brady. All she did was write a paper detailing Chinese influence in NZ politics. She deserves to have her rights as an academic and a person of conscience defended by those entrusted with protecting the security of NZ citizens. Instead, those responsible for doing so decided that there was nothing that they can do. She is on her own in her own country.

Perhaps there are reasons of State behind the Police decision to wind up the investigation. Perhaps the Police are simply incompetent and wasted over a year chasing shadows. Either way, professor Brady has reason to feel that she has been abandoned by the authorities.

If in fact the burglaries and vandalism were done to intimidate her because of what she wrote, and if the perpetrators were aided, abetted or acted as agents of the Chinese regime, then they succeeded. Because even if professor Brady will not be intimidated, the real message from the NZ Police and the Labour-led government is that those who write critically about the PRC do so at their peril even if they do so while on NZ soil.

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