Archive for ‘Democracy’ Category

The hazards of MMP

datePosted on 10:14, June 5th, 2014 by Lew

David Cunliffe’s apparently-rash pledge to scrap the coat-tail rule that permits a party with less than 5% of the party vote to bring in additional MPs as long as it wins an electorate within 100 days turns out to not be quite so bold: it looks as if they simply intend to introduce Iain Lees-Galloway’s member’s bill — currently before Parliament — enacting (most of) the recommendations of the Electoral Commission as government legislation. That isn’t bad. It initially seemed as if he intended to ram through just this one cherry-picked rule under urgency, and some of us overreacted to it. There are still problems with the plan, but they are more complex.

Anyway, the episode throws light upon a lot of the tradeoffs and subtleties inherent in MMP — the major one of which is whether proportionality or equity in the distribution of proportionality is more crucial.

What MMP is good for
MMP is a rather ugly, instrumental system for balancing the expressed wishes of fickle and often arbitrary voters with regard to an volatile and rather shallow pool of political talent against the need for stability. It is not a means by which to determine moral merit, as trial-by-political-combat FPP claims to be, and nor is it a route to the mutually-least-bad choice, as in STV and related systems. It is what it is.

What it is not is an elegant expression of noble political aims. I guess this is why traditionalists dislike it viscerally: it feels kinda shabby, but it works.

“Rorts” and electorate-level match-fixing
So with that last point in mind, Danyl has said it best: the game is the game. Its job is not to look nice, it’s to deliver representative parliaments. I don’t much like it, but the utility of the kind of strategy in play in Epsom is obvious, so fair enough — as I said before the 2011 election, “If the electorate won’t punish them for doing so they’d be rude not to.”

Two things to add. The first is that the electorate clearly isn’t inclined to punish the ACT and UnitedFuture parties, at least not locally, because in the solitude of a cardboard booth, orange marker in hand, self-interest tends to overcome ethical compunctions. But the appeal to such compunctions is still the only way to reduce the viability of the “rorts”, so it is natural that those opposed will try to jawbone those compunctions. Patrick Gower is leading the charge here — although he, too, has been consistent in his derangement about this topic since before the 2011 election.

Second, the agreement between the Internet and Mana parties where Hone Harawira’s seat in Te Tai Tokerau will, they hope, bring in Internet party votes and list MPs is emphatically not of the same type as Epsom and Ōhariu, where major parties throw the electorate to exploit the coat-tail rule. Nobody is throwing anything in Te Tai Tokerau — in fact, it seems likely to be one of the most strongly-contested electorates in the country, a fact which is causing conniptions in some quarters. While the electoral outcome will look similar to the undiscerning eye, the Internet MANA deal is different — smaller parties allying to overcome structural barriers to their participation in democracy. Not only is it not only not a rort, it is perfectly just and rational behaviour in the face of an iniquitous system.

Consensus and timing of law changes
In general there should be consensus in changes to electoral law. But I agree with Rob Salmond that “should” is not the same as “must” — the object is to be sure that changes will be generally popular, and will be durable, and in this case an independent commission and the deep consultation that occurred during and after the referendum strongly suggests that implementing the recommendations via the Lees-Galloway bill will be both those things.

But timing matters: now that Internet MANA has declared its hand and chosen to take advantage of the coat-tail rule in a similar way as ACT and UnitedFuture, it would be unjust to change the rule immediately before the election. Depending on how things play, it might still be unjust to change the rule without further consultation after the election, because it may be that people see in the Internet MANA a new way to challenge the entrenched parties (I plan on writing more about this if I get time). For this reason it is good that John Key has ruled out supporting the Lees-Galloway bill.

Proportionality versus equity
All that having been said, I favour scrapping the coat-tail rule. Even though, as Graeme Edgeler has explained, it increases proportionality rather than decreasing it, mitigating the effect of the 5% threshold that kept New Zealand First, with 4.07% of the party vote, out of Parliament in 2008. The trouble is that it increases proportionality selectively rather than equitably — that is, among minor parties who are willing and able to become the vassals of larger parties — as Gower said in 2011 “It’s finally official: John Key owns the ACT Party.” Proportionality in an instrumental system is not an intrinsic good that automatically trumps other considerations. Process does matter. But outcomes matter too.

Political clientism in an instrumental system is not so much morally or ethically wrong as it tends to degrade representativeness, and delivers huge benefits to the strongest parties — who have the ability to burn political capital to take advantage of these sorts of relationships — in ways other parties cannot. So while you get the appearance of more diverse representation, the effect is more that the liege party gets to offload political risk and responsibility to its vassals. The clearest case of the present government is the charter school policy that, had National passed it of its own volition, would have endangered Key’s moderate reputation. ACT’s presence in parliament — even without deputy leader Catherine Isaac, who was outrageously granted the sinecure implementing the charter schools plan — gave the government cover to implement policy they wanted, but which was too politically risky.

Self-interest dressed as principle
So to an extent the proposal from Labour is sour-grapery from a political middle power that is neither big enough to be able to benefit from the coat-tail rule, nor small enough to potentially need it. For all their posturing about the integrity of the system, I am sure they would use it if they could get away with it (as they did in Coromandel in 1999), but they can’t. They have no potential clients, so they have no need for the coat-tail rule. The Greens, secure above the threshold, don’t need them for this, and they (correctly, in my view) regard Internet MANA as too radical for such a relationship. The retreat to electorate nostalgia is also strategic positioning from a party that has seen the resentment that exists towards list MPs, and has pledged to re-take the provinces and rebuild its electorate network.

National’s refusal to implement the findings of the commission also come clearly down to self-interest. They are so far the major beneficiaries of the coat-tail provisions, having used their two vassal parties to good effect through both terms of their government.

Ultimately while both the major parties’ positions are self-interested, Labour comes closest to the right conclusion: that the iniquity of the coat-tail rule’s additional proportionality is a greater cost than the additional representation gained by it is worth. The best cure for the problem is to cut the party vote threshold — to 1/120th of the party vote, or a “full seat”, which would obviate the coat-tail rule. Scrapping the coat-tail rule is a rather distant second-best outcome, but doing that as well as cutting the threshold to 4% as recommended by the commission seems like the sort of compromise with which nobody will be totally happy, but which will endure.

Because functionality is what matters, not perfection.

L

On Resistance to Climate Change Politics

datePosted on 12:22, June 2nd, 2014 by Lew

Yesterday the Green Party released its Climate Tax Cut policy proposal comprising, mostly, a carbon tax offset by an income-tax-free threshold for individuals and a decrease in the company tax rate. There’s much to be said about the cleverness of the tax-swap policy and so on, but I’m more interested in the cultural differences I observe in Green supporters (who love climate-change mitigation policies) from the rest of the populace at large (who regard them as a necessary evil at best).

Seeing that this cultural gap results in an amount of criticism from greens directed at those less enthusiastic, this morning I put it into the form of a twitter-treatise, as follows:

This seems to me a pretty fundamental map/territory problem: people are cognisant of the threat of climate change and might be willing to do something about it, but are alienated by alarmist rhetoric, guilt-trips and castigation, and policies that might inconvenience them.

The Greens as an increasingly professional and mainstream political operation are, for the most part, pretty good at staying positive on this topic. But how are they to mobilise their activist base without bringing out the elitist and badgering tendencies that come so naturally when people are so convinced of their rightness that they genuinely can’t understand why everyone else doesn’t agree with them?

L

Should NZ renounce lethal drones?

datePosted on 17:32, May 25th, 2014 by Pablo

The Diplosphere event on lethal drones held in Wellington last week was a good opportunity to hear different views on the subject. The majority consensus was that legal, moral and practical questions delegitimate their use, although one defended them and I noted, among other things, that they are just one aspect of the increased robotization of modern battlefields, are only efficient against soft targets and are seen as cost effective when compared to manned aircraft.

At the end of my remarks I proposed that we debate the idea that New Zealand unilaterally renounce the use of lethal drones in any circumstance, foreign and domestic. I noted that the NZDF and other security agencies would oppose such a move, as would our security allies. I posited that if implemented, such a stance would be akin to the non-nuclear declaration of 1985 and would reaffirm New Zealand’s independent and autonomous foreign policy.

Alternatively, New Zealand could propose to make the South Pacific a lethal drone-free zone, similar to the regional nuclear free zone declared by the 1985 Treaty of Rarotonga. I noted again that countries like Australia and Chile would oppose the move (both have drone fleets and do not discount using them in anger), but that many of the Pacific Island states would likely welcome the idea.

Either declaration would in no way impact negatively on the use of non-lethal drones, whose utility is obvious. It would also leave open to interpretation whether NZ based intelligence could be used in drawing up targeting lists for foreign lethal drone strikes, a subject currently in the public eye as a result of claims that the GCSB does exactly that in places like Yemen. The PM says he is comfortable with the intelligence-sharing arrangement as well as the legitimacy of drone strikes, and added that similar intelligence was provided for ISAF drone strikes in Afghanistan (where the US and the UK deploy lethal drones on behalf of ISAF).

His confidence notwithstanding, many Kiwis are opposed to any cooperation with lethal drone programs, so the debate could be expanded to include indirect NZ involvement with them.

I think this is a debate well worth having. I realize that the security community will want to keep all options open and be very opposed to ceding any tactical advantage in future conflicts, and that extending the ban to indirect cooperation would have a negative influence on NZ’s diplomatic and military-intelligence relations with its security partners.

I am cognizant that it may be a hard thing to actually do given the balance of political power currently extant in NZ and the hurdles needed to implement it should the proposition be accepted. One of the other panelists dismissed the idea of unilateral renunciation as simply impractical and said that the proper forum in which to advance it was the UN (cue Tui ad here).

Some may say that is silly to debate something that does not exist. New Zealand does not deploy lethal drones. However, UAVs are already present in NZ skies, both in civilian and military applications. This includes geological surveys and volcanic research, on the civilian side, and battlefield (tactical) surveillance in the guise of the NZDF Kahui Hawk now deployed by the army. The military continues its research and development of UAV prototypes (early R&D worked off of Israeli models), and agencies as varied as the Police, Customs and the Navy have expressed interest in their possibilities. Since non-lethal UAV platforms can be modified into lethal platforms at relatively low cost, it seems prudent to have the debate before rather than after their entry into service.

I am aware that the revulsion voiced by many against the lethal use of unmanned aerial vehicles might as well be shared with all manned combat aircraft since the effects of their deployment ultimately are the same–they deal in death from the sky. Given that commonality, the preferential concern with one and not the other appears more emotional than rational, perhaps responding to idealized notions of chivalry in war. That is another reason why the subject should be debated at length.

Such a debate, say, in the build up to a referendum on the matter, would allow proponents and opponents to lay out their best arguments for and against, and permit the public to judge the merits of each via the ballot box. That will remove any ambiguity about how Kiwis feel about this particular mode of killing.

UPDATE: Idiot Savant at No Right Turn has kindly supported the proposition. Lets hope that others will join the campaign.

 

National Lite

datePosted on 17:29, May 15th, 2014 by Lew

It’s been almost a year since I wrote anything here. Things have been complicated. Anyway, this will — I hope, and circumstances permitting — begin a return to participation. All thanks due to Pablo for holding things together.


Answer: Nobody. That’s the problem.

Today was budget day. The carnage in Australia with Joe Hockey’s first budget two days ago was worse than even the Abbott government’s enemies had predicted, with deep cuts to education, welfare, superannuation, science funding and many other fields, including the imposition of a $7 surcharge for GP visits. The contrast here could not be more stark: a return to surplus not immediately thrust into lowering taxes, modest cuts in some areas, increased entitlements in others, particularly in support for young families, and notably the extension of free GP visits to children under 13 years of age.

I’m no big-city economist so I’ll stick mainly to the political aspects. But it basically looks like Bill English’s sixth budget — somewhat like the preceding five, but to a greater extent — does a little good and almost no evil, and that basically ruins the opposition’s game plan, which relies on Bill English and John Key being terrible ogres that eat babies, rather than supporting their parents with leave entitlements. When the man touted as the Labour party’s most left-wing leader in a generation is reduced to complaining that John Key has stolen his party’s policy — as if that is supposed to be a bad thing — things are pretty dire. The opposition’s increasing desperation over the past six years, continuously prognosticating doom over the horizon, simply looks ridiculous when the doom never arrives. The government has snookered the New Zealand left by simply doing what it said it would do, and as Pablo argued persuasively at the start of the year, that makes clear how lacking the New Zealand left is in its strategic vision. They — Labour especially — are relying on the government to do their heavy ideological lifting, and when the government declines to be explicitly evil, the opposition is left with nothing to say.

When your enemies move to occupy your ideological ground, it is an opportunity to extend that ground, replacing what they claim from you with more advantageous ground deeper within your ideological territory. The trouble for Labour is that National has moved towards them, and Labour are still trying to fight them for the same ground rather than staking out more ground of their own. Six years after the “Labour lite” campaign that saw them ousted in the first place, they haven’t learned. Today’s budget has been tagged Labour lite by commentators including Bryce Edwards and Labour’s own Rob Salmond.

Due to assiduous work by National, and a conspicuous lack of it by Labour, “Labour lite” is now more or less indistinguishable from “Labour”, and Labour has offered no sort of “Labour heavy”; full-cream Labour, deep-red Labour, or whatever other metaphor you like. Because of this lack of difference, the electoral decision comes down to competence: of these two groups of mendacious grey technocrats, which is the least likely to inadvertently screw things up, or intentionally, as Jan Logie puts it, f&%k people over? That’s an easy answer: Labour demonstrates its lack of general competence every single day. If it’s not clear by now that they’re simply not as good at being the Nats as the Nats are, when will it ever be?

It’s too late, now, to change this ahead of the election. The die is cast. Labour has — again — decided to rely on political meta-strategy like syllogising failures of judgement or conduct by individual MPs out to the wider government, and it might have worked had they any sort of foundation to build upon. But they don’t. Far from full-cream Labour, Labour itself is Labour lite. Light-blue, even; 98% Ideology-free. If they’re going to play the National-lite game, they at least need to get good at it.

L

Analysis Link: Democratic intelligence oversight.

datePosted on 16:09, May 3rd, 2014 by Pablo

The Snowden revelations have brought to the fore the issue of oversight and accountability on the part of intelligence agencies in democracies. In this analytic brief I outline ideal type principles and practicalities of democratic intelligence oversight. The idea is to offer a conceptual basis for understanding how democratic intelligence oversight should work with an eye to promoting practical reforms to that end.

Another National double standard.

datePosted on 15:16, May 1st, 2014 by Pablo

Maurice Williamson is forced to resign as Minister because he made a phone call to the police asking them to be undertake a thorough review and be “on solid ground” when investigating a domestic violence incident involving a wealthy Chinese friend of his who invested a lot of money in New Zealand (the same Chinese fellow granted citizenship over the objections of immigration authorities, and who donated more than NZ$ 20 thousand to National in 2012).

Judith Collins retains her ministerial portfolios in spite of revelations that she interceded with Chinese officials on behalf of her husband’s export company while on an official visit to China that had nothing to do with exports or trade.

What is similar and what is different about the two cases? They are similar in that they both involve Chinese nationals with economic ties to the National party or entities linked to it. They are similar in that the ministerial interventions were in violation of the cabinet manual regarding conflicts of interest. They also represent obvious forms of political influence peddling.

How are they different? Collins is a a key player on National’s front bench, whereas Williamson is on the outers with National’s heavy hitters. Thus he is expendable while she is not.

Comparatively speaking, Williamson’s crime was arguably less than that of Collins. He made a call on behalf of a constituent urging Police diligence when investigating the charges against his friend, then left the matter at that. The fact that rather than tell the minister to buzz off the cops bent over backwards to satisfy him that they were on “solid ground” before prosecuting is a police issue, not a Williamson issue (the Police decided to prosecute in any event, with Mr. Liu eventually pleading guilty to two charges of domestic violence).

Collins used taxpayer funded official travel to take time out of her official schedule to divert and meet with Chinese business associates of her husband over dinner in the presence of an unnamed Chinese government official at a time when her husband’s business interests in China were being hindered by official reviews of New Zealand based export contracts. Although she had no real business being there, she brought an aide with her, adding to the impression that her presence at that dinner had the stamp of official approval.

Of the two, which is more obviously a conflict of interest and which has the clear stench of corruption wafting over it? Of the two, which one would be viewed more dimly by the likes of Transparency International (the anti-corruption agency that habitually lists NZ amongst the least corrupt countries to do business in)?

Hypocrisy much in the handling of the two cases by the Prime Minister? You be the judge, by I think that there is.

Foreign Policy after the Election.

datePosted on 17:39, April 9th, 2014 by Pablo

Lost amid the distractions of royal visits, Mananet Party circus side-shows and assorted other peripheral issues has been the subject of NZ foreign policy after the September 2014 election. The topic is worth considering beyond the attention it has received so far. In this post I outline some (far from all) of the major areas of convergence and difference in the event a National-led or a Labour-Green coalition wins.

If National wins it will deepen its current two-pronged approach: it will continue with its trade obsession to the detriment of other foreign policy areas such as disarmament, non-proliferation and human rights, and it will strive to deepen its security ties with the US and its close allies, Australia in particular. The trade-for-trade’s sake foreign policy approach will see National return to the bilateral negotiating tale with Russia regardless of what it does in Ukraine or other Russian buffer states, and will see it attempt to garner even a piecemeal or reduced TPP agreement in the face of what are growing obstacles to its ratification (especially US domestic political resistance that sees TPP as a drain on American jobs, but also sovereignty protection concerns in areas such as copyrights, patents and strategic industries in places like Chile, Japan and Singapore). NZ will continue to try and expand its trade relationships with Middle Eastern states in spite of their largely despotic nature, and it will continue to push commodity specialization, niche value-added manufacturing and education provision as areas of competitive advantage.

On a security dimension NZ will continue its return to front-tier, first line military ally status with the US and Australia, and will deepen its intelligence ties within the 5 Eyes signals intelligence network as well as with other pro- US partners and in the field of human intelligence. This will occur whether or not Edward Snowden reveals the full extent of NZ espionage on behalf of 5 Eyes in the months leading up to the election, but the government will find itself under scrutiny and hard pressed to defend the behaviour of the NZ intelligence community in that event. Closer military ties with the US brings with it the risk of involvement in American-led conflicts, but the National approach, as it is with the looming Snowden revelations, is to “wait and see” and deal with the issues as they arise (presumably in more than a crisis management way).

Truth is, under National NZ will become another US security minion. One has to wonder how the Chinese, Indians, Russians and assorted Middle Eastern trading partners feel about that, especially if it is revealed that NZ spies on them on behalf of 5 Eyes..

National will conduct its foreign policy unimpeded by its potential coalition partners. United Future and the Maori Party have zero interest in foreign affairs other than to reaffirm whatever status quo they are part of, and ACT, should it survive, is a National mini-me when it comes to the subject. Winston First will not rock the boat on foreign policy issues so long as a few baubles are thrown its way.

A Green-Labour government will have a slightly different approach, but not one that fundamentally rejects the basic premises of National’s line. The Greens have already begun to soften their stance regarding TPP and trade relations, emphasising their interest in “fair” trade and after-entry protections and guarantees. Labour, which otherwise would have likely continued the thrust of National’s trade strategy, will back away from some of the more foreign-friendly aspects of trade negotiations in order to mollify the Greens, and if Winston First is part of that coalition it may place some restrictions on foreign ownership and investment rights on NZ soil.

Along with the softening of single-minded trade zealotry, a Labour-Green government will attempt to reemphasize NZ’s independent and autonomous diplomatic stance (which has now been fundamentally compromised by the nature of National’s two-pronged approach). This will include attempting to rebuild its reputation and expertise in the fields hollowed out by National’s razoring of the diplomatic corps, although it will be very hard to replace the lost expertise and experience in fields such as chemical and nuclear weapons control, multinational humanitarian aid provision and environmental protection. To do so will require money, training and recruitment, so the time lag and costs of getting back up to speed in those areas are considerable.

With regards to security, the Greens and Labour are in a dilemma. The Greens want to review the entire NZ intelligence community with an eye towards promoting greater oversight and transparency in its operations. That includes a possible repeal of the recently passed GCSB Act and, if some of its members are to be believed, a reconsideration of NZ participation in 5 Eyes. For all its opportunistic protestations about the Dotcom case and GCSB Act, Labour in unlikely to want to see major changes in NZ’s espionage agencies or its relationship with its intelligence partners. It is therefore likely that Labour will agree (as it has said) to a review of the NZ intelligence community without committing itself to adopting any recommendations that may come out of that review. It may also agree to a compromise by which recommendations for greater intelligence agency oversight and accountability are accepted as necessary and overdue in light of recent revelations about the scope and extent of NZ domestic espionage as well as its foreign intelligence operations (all of which will become much more of a public issue if Snowden reveals heretofore denied or unexpected espionage by NZ intelligence agencies).

The same is true for NZ’s burgeoning military alliance with the US. Labour will not want to entirely undo the re-established bilateral military-to-military relations, especially in the fields of humanitarian assistance, search and rescue and perhaps even de-mining, peace-keeping and peace-enforcement operations. The Greens, however, will object to continuing the bilateral military “deepening” project and will oppose NZDF participation in US-led wars (especially those of of choice rather than necessity). The Greens will push to further reduce military expenditures as percentage of GDP (which is currently around 1.1 percent) and will seek to restrict weapons purchases and upgrades as much as possible. That will put it as loggerheads with Labour, which will see the necessity of maintaining a small but effective fighting force for both regional as well as extra-regional deployments, something that in turn will require modernization of the force component as well as good working ties with military allies (which is maintained via joint exercises and cross-national training events).

What that means in practice is that the Greens will not be given ministerial portfolios connected to foreign affairs or security, although they will be assuaged by concessions granted by Labour in other policy areas, to include (however token or cosmetic) intelligence reform.

Minor parties that might be part of the coalition will have little influence on the Labour-Green foreign policy debate. Mana will bark the usual anti-imperialist line but will be ignored by Labour and the Green leadership. Winston First will extract a pound of flesh with regard to the influence of non-Western interests on the NZ economy and NZ’s security commitments but otherwise will toe the Labour foreign policy line. The Maori Party will be irrelevant except where there is international  diplomatic interest in indigenous affairs.

The vote on NZ’s candidacy for a non-permanent seat on the UN Security Council will not be greatly influenced by the election (the UN vote occurs in October). NZ’s chances have risen as of late in the measure that Turkey’s has fallen thanks to the increasingly autocratic and erratic rule of the Erdogan government. Spain, the other rival for the “Europe and other” non-permanent UNSC seat (yes, NZ is not part of Oceania when it comes to such voting), has been tarnished by its economic woes, so NZ’s relative economic and political stability have bolstered its chances by default. Even so, a Labour-Green government will likely be more appealing to the majority of the UN membership given National’s obsequious genuflection to Great Powers on both trade and security.

In sum, foreign policy may be a non-issue in the run up to the elections but that does not mean that it does not matter. Party activists and the public at large would do well to contemplate which direction they would like to see NZ steer towards in its foreign relations, and what international role they envision it should properly play. Otherwise it becomes just another elite game uninformed by the wishes of the majority, which means that when it comes to engaging the world it will be exclusively elite logics that inform the way NZ does so.

 

Transitional Dilemmas.

datePosted on 11:20, March 16th, 2014 by Pablo

Military-bureaucratic authoritarian regimes often seek to legitimate their rule and establish a positive legacy by transferring power to elected civilian authorities. However, they do so only under certain conditions and with specific outcomes in mind. One way to ensure that their post-authoritarian vision is adhered to is to run a military-backed candidate (often a retired military leader) as the “official” candidate while actively working to use their control of the election process to promote divisions and disunity amongst the opposition. The way in which the elections are governed and the process leading up to them are used by the outgoing authoritarians to produce a voting outcome that upholds the status quo under elected civilian guise.

In spite of its dominant position in such “top-down” forms of electoral transition, military-backed candidates and/or parties are confronted with several dilemmas that complicate their ability to ensure their desired post-authoritarian outcome. In this 36th Parallel Assessments brief I point out two of them as well as some other political dynamics at play in such scenarios.

Although the analysis is framed broadly, it may be of particular interest to those interested in the elections scheduled for September in Fiji.

Barking from the closet.

datePosted on 10:35, February 22nd, 2014 by Pablo

If one thing has proven true over the years when it comes to religion and politics, it is that those who most ardently decry homosexuality as abnormal and represent themselves as paragons of “christian” family values often are themselves seriously repressed when it comes to their own sexual preferences. Be they Tories in the UK, Republicans in the US and preachers, priests, mullahs and rabbis the world over, these closet hypocrites go to great lengths to hide their “baser” urges, to include engaging in contact (!) sports and other “manly” activities like game hunting, entering into heterosexual marriages, having children, advocating for corporal punishment and loudly and obsessively condemning “deviant” sexual behavior and the gay community and feminists for a myriad of sins against the “natural” order of things.

Their self-loathing is such that some even practice how they walk and talk so as to appear more Roman than Greek (I am using the terms loosely here, as both Romans and Greeks accepted the “baser” urges as a part of life and are differentiated more by the class, gender and age element in them). Some go to great lengths to dress and act acceptably “mainstream” (according to how they perceive the mainstream). The more strident of the closet prudes threaten and bully those who question their public stance as well as their private desires.

Given its egalitarian and tolerant reputation, it would be a real shame if such people were a significant part of the New Zealand political, religious or social elite. Given demographic probability, chances are that there might be a few.

Which raises the question: does Colin Craig share that Larry Craig wide stance?

Monitoring Syrians and Supplicants.

datePosted on 12:14, February 14th, 2014 by Pablo

The subject of spying is back in the news this week, but the coverage has been inadequate. Allow me to clarify some issues, first with regard to those who want to join the Syrian conflict and second with regard to politicians trying to ingratiate themselves with Kim Dotcom.

Contrary to the thrust of the coverage, not all those seeking to join the Syrian conflict are Syrian or descendants of Syrians. The Syrian War is a civil war between Shiia and Sunnis, where the minority Alawite-backed Assad regime is fighting to maintain its grip over a majority Sunni population (Alawites are a sub-sect of Shiia Islam). For a variety of affective and strategic reasons Iran (a very large Shiia dominant country) supports the Assad regime while Sunni-controlled Saudi Arabia and Gulf oligarchies back the armed opposition. This opposition is divided into what can be loosely called secular moderates (such as those grouped in the Free Syrian Army) and Islamicists (such as those in the al-Nusra Front and Al-Qaeda in Iraq and the Levant).

The latter have come to dominate the military side of the opposition due to their superior combat skills and determination. Their ranks include Sunni internationalists from all over the world (including New Zealand) who see joining the struggle as a religious imperative. Egyptians, Jordanians, Pakistanis, Britons, Australians and French nationals are among those fighting in Islamicist ranks. That has led to serious clashes with the moderate secularists (who do not have as many internationalists in their ranks, although there are some), to the point that the fighting between the armed opposition factions has allowed the Assad regime to re-gain the upper hand in the overall struggle after being near collapse just six months ago.

Where the armed opposition is winning, it is the Islamicists who are doing so.

In the last nine months the Prime Minister has made repeated reference to would-be New Zealand jihadis joining the fight in Syria. Some are already there and others have been barred from going. They may or may not be Syrian in origin, but his use of the “Syrian trump card” is a naked political ploy designed to use fear-mongering as a justification for extension of domestic espionage and, perhaps, as a way of pre-emptively steeling public opinion against the negative consequences of the inevitable revelations from Edward Snowden about New Zealand’s foreign espionage role within the Five Eyes/Echelon signals intelligence collection network. The trouble with the PM’s ploy is that the proclaimed threat does not match the facts.

According to the government ten New Zealand passports have been revoked since 2005 and a handful of Kiwis are in Syria fighting. The PM makes it sound as if all these have associations with extremist Islam. Perhaps they do, but the Syrian conflict only heated up as of early 2012, so the Syrian card does not explain why passports were cancelled prior to that. Moreover, the PM says that passports were cancelled in order to prevent “radicalized” Kiwis from returning and making trouble at home. That begs the question as to what the frustrated wanna-be jihadis are going to do now that their plans are thwarted and they are forced to remain in the country under heavy scrutiny.

A Syrian community spokesman has said that two brothers had their passports revoked after their parents informed authorities of their plans to travel back home to join the fight. He also accused the PM and his government of “racial discrimination.” The latter claim is ridiculous and shows a gross misunderstanding of how democratic governance works. John Key did not personally order the revocation of any passports nor does he have the power to rescind the cancellation order. New Zealand authorities did not cancel the brother’s passports because they were Syrian but because of their purported intentions. They did not target the entire Syrian community for who they are.

In fact, under current legislation the government is well within its rights to revoke passports on the grounds that the individuals involved intend to become or are part of a criminal enterprise, of which terrorism is one. Since the Islamicists fighting in Syria are considered terrorist organizations by the New Zealand government, any intent to join them could be construed as an attempt to engage in criminal activity. One might argue that the definition of terrorism is too broad (and I believe that it is), but as things stand the government’s concern about returning, combat experienced jihadis is a legitimate motive for canceling passports.

I shall leave aside the fact that the chances of survival of those joining the Syrian conflict is quite low* and they are being monitored in any event, so mitigating the potential threat posed by returning jihadis is not as formidable as Mr. Key implies. There are technical means of tracking the location of passports, and the individuals who are in Syria or want to go there have been identified already via domestic intelligence gathering. In fact, allowing suspects to travel while being secretly monitored is a standard intelligence collection method, so one can reasonably assume that the handful of Kiwi internationalists in Syria as well as their as of yet to travel brethren are the focus of both human and signals intelligence collection efforts by local espionage agencies in conjunction with foreign counterparts.

However, Mr. Key’s repeated public use of the Syrian card certainly has alerted any would-be extremists in the New Zealand Muslim community that they have been infiltrated by the Police and SIS and that there are informants in their midst. In fact, the New Zealand Muslim community is a bit of a sieve since 9/11 because personal, sectarian and financial vendettas as well as legitimate concerns about ideological extremism have seen the accusation of “terrorist” thrown around quite freely within it. This has been well known inside security circles (who have to separate bogus from legitimate accusations of terrorist sympathies), but the PM’s public disclosure has given potential jihadis a clear signal to exercise increased caution and diligence when planning future violence (should there be any).

The most important issue, however, is the selective application of the passport revocation authority. If would-be Islamic internationalists have not been convicted of crimes in New Zealand, and barring clear evidence that they intend to engage in crime abroad, then they should be allowed free passage to travel. If they engage in war crimes or crimes against humanity during a foreign conflict (be it in Syria or elsewhere), they can be charged upon their return, or even detained on the suspicion of complicity in said crimes. This is not a far-fetched speculation because both the Assad regime and its armed opposition have committed a raft of atrocities that fall under both definitions of illegal war-time behavior.

This applies equally to those who may choose to join non-Islamicist groups in other foreign conflicts (for example, by joining Christian militias in the Central African Republic), so specifically targeting those intending to go to Syria to fight is, in fact, selective if not discriminatory application of the relevant law. As far as following the Australian example and making it illegal to join a foreign conflict under penalty of imprisonment or revocation of citizenship, one can only hope not.

The simple fact is that would-be jihadis and other internationalists should be free to join any foreign conflict. They assume the risk of doing so and understand that they give up the diplomatic protections usually reserved for citizens traveling abroad. Should they be deemed a potential threat upon their return (in the event that they do), then it is the responsibility of local law enforcement and intelligence agencies to mitigate that threat within the rule of law. As I have alluded to above, that is not particularly hard to do in the New Zealand context.

As for politicians meeting with Dotcom, the issue is far more simple than sinister. Dotcom is a NZ permanent resident who is a fugitive from US justice still under extradition warrant (which is being argued in court). The authorities may well consider him a flight risk because he certainly has the means to do so. They may believe that he is continuing his criminal associations or practices while his court case is being heard (I shall refrain from making bad jokes about those who have flocked to his side during the GCSB Bill debates, or about the politicians who have knocked on his door). Given his penchant for partying and those he associates with when doing so, they may want to catch him in possession of illegal drugs.

Thus the Police would have legitimate reason to run ongoing surveillance operations on him, and can do so legally with or without the help of the SIS and now, thanks to the passage of the GCSB Bill, the GCSB. In doing so, they would monitor and record the comings and goings of visitors to his mansion, with that information passed up the chain of command.

That is why Mr Key’s version of how he came to know about Mr. Peters’ treks to the Coatesville property is odd. He claims that he got his information about Dotcom’s political visitors from Cameron Slater working with or independently from a Herald gossip columnist. That is troubling.

The Right Honorable John Key is the Minister of Intelligence and Security, so presumably he is aware of the status of security operations and the Dotcom case in particular given its history. But he claims that he received domestic espionage information about Dotcoms’s visitors from a right-wing, admittedly partisan “attack” blogger, rather than from the security agencies for which he is responsible and who have a legal right to monitor Mr. Dotcom. That is a sign of incompetence or willful ignorance on his part.

I have shares in a Bolivian gold mine I am willing to sell at a very affordable price to readers who believe a sociopath was the first source of the Dotcom visit data provided to the PM.  Perhaps I am wrong and it is simply too much for domestic law enforcement and intelligence agencies to pursue the monitoring of Dotcom for a supposed copyright infringement when so many Syrian-focused terrorists abound. But given the amount of resources expended and the reputational stakes involved, it would not be surprising and in fact legal for security agencies to do so.

I would suggest that if people like Winston Peters are concerned about being spied on when visiting Mr. Dotcom, then they should look at their own roles in allowing that to happen. Since 9/11 the legal powers and practical reach of the domestic espionage apparatus have been increased incrementally yet extensively under both Labour and National governments. Other than a relatively small number of Left activists and the Green Party (as well as ACT while Rodney Hide was still around to lead it), neither the majority public or the majority of political parties did anything to oppose this extension.

In fact, although Labour party figures and Winston Peters joined Kim Dotcom on the stage at various anti-GCSB Bill protests last year, and the bow-tied buffoon with a pompadour posing as a political party objected to having his personal communications accessed during the course of an investigation into leaks of confidential government information, Labour is responsible for the majority of the extensions and Dunne and Peters supported all of them. National has merely deepened the trend towards a surveillance society.

Hence, whatever Labour, NZ First or United Future may say now as a way of partisan point-scoring, they are full accomplices in the erosion of Kiwi privacy rights over the last decade. Any current whinging about violations of their personal and the larger collective privacy should be dismissed as cowardly rank hypocrisy.

In any event, when it comes to intrusions on basic freedoms of association, privacy and travel, not only Syrians living in New Zealand have reason to feel aggrieved.

* This is due to the immutable Buchanan rule of ground warfare: if you are firing your weapon over your head, or firing blindly around corners in the general direction of the enemy, you will not last long once s/he closes in. Should that rule be miraculously violated without consequence, the fifth Buchanan rule of asymmetrical warfare comes into effect: strapping explosives or amulets to your body in the hope of divine intervention is based on a false premise.

123... 333435PreviousNext