Archive for ‘governance’ Category

The Other Learning Curve.

datePosted on 20:31, February 15th, 2011 by Pablo

Media coverage of events in Egypt and the rest of the Middle East display a willful ignorance of the realities on the ground. It is one thing for the participants in the Egyptian and Tunisian demonstrations to see themselves at the vanguard of a revolutionary moment. They are, after all, immediately involved in the process, and have felt the intensity of the moment with visceral awareness. But because they are the participants, many do not have the objective distance required to see the bigger picture at play.

Foreign governments have utilised the moment to pursue their own agendas in the Middle East: witness the US calls for demonstrations in Iran to be allowed to proceed unimpeded and Iranian calls for more uprisings in the Sunni Arab world, both of which clearly have geopolitical motives beyond support for democracy (if even that). Media outlets may see themselves not so much as disinterested reporters of events as accelerators of the revolutionary sweep. By constantly calling events “revolutionary” and emphasising the new and apparently “uncontrollable” networking possibilities of social media, the media make themselves protagonists in their own stories, in a meta replication of the micro reporting of events on the ground. First-person accounts of the likes of Anderson Cooper are designed to give personal “feel” to “real time” reporting even if it is consumed in immediate minutia rather than the bigger picture. This is a variant on embedded journalism–now it is the crowds rather than military units into which reporters are seconded. More broadly, traditional print and visual media run stories about the role of Facebook and Twitter while interjecting their own opinions about the impact of the new media. In effect, the media are more than participant observers–they attempt to be shapers not only of opinions but of the events themselves.

It is understandable that those involved in the demonstrations see themselves as revolutionaries and it is laudable, in some measure, that corporate media outlets want to contribute to the revolutionary momentum, such as it is. But there is another side to the story, one that involves interests and actors with objectives that are directly the opposite of the “revolutionaries.” That is the dark side of the crisis learning curve.

Across the Middle East and elsewhere, authoritarian leaders have received a wake up call about ignoring popular discontent. But what they have learned does not necessarily mean that they will give up their autocratic ways and open up their political systems in a democratic, much less revolutionary direction. To the contrary. What they have learned is that they must get out in front of incipient or embryonic protests by using a mixture of inducements and constraints (carrots and sticks, if you will), that allow them to reform-monger around the edges of their rule but which do not, as Gramsci noted long ago, “touch the essential” of the regime–to wit, its economic foundations, class base and power distribution.

Already, the response to demonstrations and protests in Iran, Yemen, Bahrain, Syria, Jordan and, in the wake of Ben Ali’s exile, Tunisia, has been a mix of selective repression and preemptive reform. The repressive aspect is designed to prevent large scale mass mobilisations that require mass-scale repression. Instead, via the selective targeting of would-be protest leaders, the monitoring and censoring of social media networks, restrictions and controls on movement, to include access to food, health care and other public goods, authoritarians hope to pre-emptively decapitate the opposition before it is well organised. Let us remember that at its height the Egyptian protests amounted to 300,000 people in a country of 80 million, so the selective targeting of incipient leaders, to include more than their mere arrest and detention, sends a chilling message to all but the most hard-core opponents of the regime. Since most disaffected people are more interested in immediate things such a more employment, lower or stable food prices, reducing crime and having regular access to everyday public services rather than revolutionary regime change, they will see selective repression for what it is: the use of force against those who would directly challenge “the essential” for goals that are not immediate but ethereal. For the majority uninterested or unwilling to challenge the essential, avoiding being a target becomes a major concern. Individual fear of persecution, in effect, becomes a debilitating constraint on collective action.

For the carrot and stick approach to work, the repressive apparatuses of the state must remain loyal to the regime. But something else must occur as well. There must also be inducements offered that mitigate public anger. That requires the offering of concessions regarding political participation, which can be granted via cooptation into existing political structures or the incorporation of new ones. More importantly, immediate material concerns need to be addressed in order soften the context in which discussions of political reform are engaged. The more material concerns are immediately satisfied, the more amenable to regime initiatives the population will be, which in turn will impact on the political opposition’s strategy and demands. It will also help isolate the hardline elements in the opposition from the majority, thereby making the former easier to repressively target while reinforcing the context in which “reasonable” opposition demands will be heard.

Confronted by such a mix of incentives and disincentives, it will be hard for the non-militant majority–who are rationally risk adverse, as are we all–to not abandon support for radical regime change in favour of a more reformist option.

This is what Middle Eastern autocrats are contemplating at the moment. It is not about democratic opening but about controlled manipulation of popular unrest to ensure continuation, even if in changed garb, of the status quo. To this can be added one other factor in their favour: the attitude of the international community.

For all the rhetoric about democracy, freedom and human rights, the international community as a whole (by that I mean nation-states, international organisations and private transnational actors) abhor two things–power vacuums and instability. If the prospect of democratisation in the Middle East brings with it the risk of radicalisation and the destabilisation of the regional balance of power, which in turn raises the potential for war, then the international community, albeit behind a veil of crocodile tears, will quietly work to ensure that the status quo is preserved in one form or another. Individually and collectively it will publicly speak about freedom and quietly work for accommodation. And if that fails and conflicts become violent (particularly if they are fueled by foreign sponsors or irregular transnational actors), it may preferentially side with the forces of repression rather than change. That may not be a nice or ethically superior choice, but for the powers that be in the Middle East and beyond, it is the only choice, made out of self-interested necessity.

Why a putsch is not a revolution.

datePosted on 16:21, February 12th, 2011 by Pablo

Some definitional clarification is in order when viewing events in Egypt. A coup is the overthrow of a regime by the military. A putsch is the involuntary removal of government leaders within an extant regime. Neither is a revolution, even if occurring within the context of mass protest. Thus what has occurred (so far) in Egypt is neither revolutionary or a coup. It is a putsch carried out within a context of social unrest and mass mobilisation. It is a forced internal reconfiguration of the military-dominated regime that has been in power one way or another for over thirty years, and it has been carried out precisely to maintain the regime in the face of popular protests that centred on Hosni Mubarak but which do not challenge the military’s primacy in Egyptian politics.

The removal of an individual in a military putsch is NOT a democratic revolution, even if the masses rejoice. It is an internal transfer of power that may or may not lead to regime liberalization, which itself does not imply a genuine move towards democracy. It will be interesting to see if internal reconfiguration of the Egyptian regime leads to significant reform over the long term. Foreign pressure will not play a decisive role in the military calculations on whether to reform, retrench or repress. That will be a function of inter-elite bargaining and the organisational strength and practical demands of the opposition. But one thing is sure: due to issues of corporate self-interest and professional autonomy, the Egyptian military has no interest in exercising long-term control over the governmental apparatus. Instead, its interest lies in overseeing the conditions leading to the September 2011 elections, with the primary objective being maintenance of social stability, resumed economic growth and geopolitical continuity no matter who wins the presidency and parliamentary majority.

That is the bottom line of the Egyptian “transition.”

Political rights and economic rights.

datePosted on 16:19, February 8th, 2011 by Pablo

Recent discussions have reminded me of the relationship between economic and political rights, and the varying interpretations of it. For orthodox Marxists economic rights supersede political rights for two reasons: 1) without an equitable material distribution of resources political rights mean nothing; and 2) with an equitable material distribution of resources there is no need for political rights.  In this view “politics” is either a status quo instrument of domination that conforms the masses to the requirements of production in a system dominated by private interests, or is a means of revolutionary challenge to that status quo. In neither case is it an end of itself. Subsequent Leninist, Stalinist and Maoist interpretations all concur with this view.

Socialists see economic rights as taking precedence over but not superseding political rights. Here the view is that economic rights are more important than political rights but the latter are needed to ensure the just distribution of material resources in a society. Even if imposed by dictatorial fiat, the maintenance of economic rights requires popular participation in the decision-making process surrounding the collective allocation of resources. That is a matter of political rights.

Social democrats see political rights preceeding economic rights. Here the priority is on gaining political rights first in order to subsequently secure economic rights to the material benefits of production. Since they see political rights as a universal good, they recognise the rights of non-socialists in the political arena, which means operating from a position of structurally-conditioned disadvantage within capitalist societies. The emphasis thus shifts from control of production to redistrubution of surpluses (via taxation and state involvement in the social relations of production, mostly).

The Right has its own interpretations of the relationship. Libertarians place the emphasis on political rights (e.g. the right to do as they please so long as it harms no other) and, in the most extreme version, do not believe in economic “rights.”  Beyond that, the Right gets a bit fuzzy. Some free-marketeers assume the precedence of economic rights over political rights, so long as the rights conferred are market-driven in  nature (i.e., the “right” to make a buck without government interference). Other conservatives see political rights trumping economic rights (e.g. “no taxation without representation” or the right to mandate morality on a collective scale). The Right notion of economic rights differs from the Left notion, as it is not about material redistribution but about unfettered access to and freedom within an economic system controlled by private interests. Likewise, the Right view of political rights is more about freedom of choice and expression rather than about vehicles of collective redress and representation.

Showing my colours, I subscribe to the view that political rights are required for economic rights to obtain. The formation of unions, the extension of suffrage, the recognition of indigenous claims, the redress of past injustices, the acceptance of  universal “human” rights and the very ability to speak truth to power and challenge the status quo or elements of it all hinge on the prior granting of legal authority, or at least recognition, to do so. That is a political act, and legal recognition is the certification of political rights. That makes the move to secure political rights the precondition for the eventual recognition of other rights, to include those of an economic nature.

This is the hidden factor in transitions from authoritarian rule. The transition is most fundamentally marked by the extension of political rights to previously excluded groups, who in turn use the opportunity to agitate for previously unobtainable economic rights. The more the extension of political rights is achieved by force and economic rights redefined as a result, the more revolutionary the character of the regime change. The more negotiated the extension of political and economic rights, the more reformist the change will be.

This is just a broad sketch and not meant to be a definitive pronouncement. Readers are welcome to add their own intepretations as they see fit (within the bounds of civility, of course).

John Key either has very poor PR advice, is grossly insensitive or has some darkness in his heart, to say nothing of his small head, when it comes to women. I am less concerned by his choice of words when describing models and actresses that he lusts after. It might have been better for the Prime Minister to refer to the objects of his sexual fantasies as “attractive” or “pretty” rather than using the adolescent term “hot.” But getting a bit horn doggish on a blokey sports talkback show is not the worst of sins.

A slightly worse sin is to reveal admiration for a sports star because he makes “heaps of money” and gets some “fringe benefits” on the side. Talk about revealing your core values! For the PM, money grubbing–admittedly driven by unique talent– and serial adultery–which did not have much to do with talent of one sort or another–are positive traits worth coveting. Crikey! But that is just his shallow venality surfacing, not a mortal sin.

What is a far more serious matter is his apparent condoning of spouse abuse, as exemplified by the poster-boy for putting ass-kickings on women, Mr. Tony Veitch. Not only did Mr. Key agree to sit down for an interview with Tony the Tough Guy on his radio sports show, which legitimates Veitch in areas far outside the blokey sports-minded demographic. Mr. Key has now agreed to do regular spots on Mr. Veitch’s show. If one interview legitimates Mr. Veitch, then subsequent regular interviews symbolically condones what he did.

It was bad enough that a sports radio outlet would see fit to re-hire a spouse abuser who escaped jail time because he paid off the victim and wept crocodile tears at a series of staged press events. Here we have the PM of New Zealand, who should be fully aware of the intimacies of the abuse case as well as the allegations of drug use and other anti-social behaviour by Mr. Veitch, agreeing to grace his show on a regular basis. This, at a time when Mr. Key has terminated at least one guest spot with another radio news show focused on hard news rather than rugby, cricket and league. What is the message Mr. Key is trying to convey here, and on what assumptions does that message rest?

Is it his assumption that most Kiwis think Veitch is a good bloke and he was hard done by the back-talking wench? Is it his assumption that Mr. Veitch did wrong but it was a minor transgression? Is its his assumption that the NZ public do not care any longer what Mr. Veitch did and bygones are bygones? Is it his assumption that sporty blokes at best do not care or at worst condone Mr. Veitch’s behavior, and in an election year connecting with that crowd by engaging in some good-natured letching will increase Mr. Key’s chances of re-election? What, exactly, is the rationale that says that it is OK for the PM to grant privileged regular interviews to an unrepentant spouse-basher while canceling similar interviews with other news shows?

And what message is Mr Key trying to convey here? That he is a sporty bloke? That he is a sporty bloke who sees nothing wrong in the occasional bitch-slapping along with letching, adultery and money grubbing? That he is a sporty bloke who does not give a darn about the high incidence of spousal (and child) abuse in the country he leads? That he is sporty bloke that simply does not care if he objectifies women and symbolically condones spouse-bashing? That he is a sporty bloke who is insensitive to women’s concerns about being objectified and victimised in their own homes as well as in the streets? Or is his message simply that in the run-up to elections catering to the lowest of the low is acceptable? What next, a guest spot with Mongel Mob, Black Power or Headhunter media outlets? After all, they are also sporty blokes who know something about how to treat uppity women.

Maybe I am just a prude. Perhaps it is perfectly acceptable for the PM of an advanced liberal democracy that is not Italy to see nothing wrong in publicly letching, to express admiration for greed and adultery, and who symbolically condones spousal abuse by voluntarily and preferentially associating with a spouse-beating coward who happens to be a celebrity. But if that seems a  bit untoward for a PM (or anyone else), then he and his PR minders need to be made aware of that fact. Boycotting advertisers who buy time on Vietch’s show when it features the Key interview is one way to convey that message. More importantly, and specifically for those women and other decent people who do not condone such behavior and who crossed over to National in the last election, the best way to deliver the message is to do so on November 26, at the ballot box. Of course, it if could get a clue, Labour might make a point of pointing out to the electorate Mr. Key’s apparent lack of regard for the feelings of his female constituency or any others who might think that engaging in egregious sexual innuendo with a spouse abuser is not fitting behaviour for a sitting Prime Minister (or anyone else with a modicum of sensitivity to the issues involved).

After all, not all of us are sporty blokes.

Expecting too much from the Tunisian crisis.

datePosted on 16:43, January 22nd, 2011 by Pablo

The lack of understanding of what the Tunisian political crisis represents has been alarmingly evident in the media coverage of it. Journalists have said such inanities as “until a couple of days ago Tunisia was a beacon of stability in the region…” and raised the possibility of a so-called ripple effect spreading from Tunis to other North African states. They have called the popular uprising against the ousted president Ben Ali the “Jasmine Revolution,” thereby demonstrating their profound ignorance of what a revolution really is. The truth is that Tunesia was a small powder keg waiting to blow but no one wanted to state the obvious about it, and when it did blow the reaction has been to over-estimate its magnitude and repercussive effects. 

Let me dispel some of these misrepresentations. First, the uprising in Tunisia is not a revolution. A revolution is an overthrow of the state by a mass-based, ideologically-driven and collectively organised armed resistance movement that results in parametric change in the political, economic and social institutions governing society. In Tunisia what occurred was sometimes violent popular demonstrations against an unpopular and corrupt long-serving despot which precipitated an inter-elite crisis that resulted in the exile of Mr. Ben Ali, his family and close allies. The regime did not fall, the military has re-gained control of the streets and the protests have not coalesced into an organised, focused, counter-hegemonic opposition that poses itself as an alternate sovereign and has the capacity to engage in a war of maneuver against the repressive apparatuses of the state. All the demonstrations and protests have done is allow the Tunisian regime the opportunity to reform-monger in order to placate popular discontent while shifting the focus of blame on the disgraced former president. The “opposition,” such as it is, has no plan for taking control of the reigns of state, has no program for governing, and is in fact mostly made up of jobless youth aimlessly venting their rage at symbols of power rather than constructively organising am effective counter to it. Given those facts it is naively optimistic to expect that the crisis will result in major change of a democratic sort. It may be the impetus for a political opening, but it is no guarantee of it.

As for the “ripple effect” of the purported “Jasmine Revolution.” Undoubtedly the Arab street has taken notice of the Tunisian crisis and oppositions in places like Egypt, Algeria, Jordan, Morocco and Libya have been encouraged by the events in Tunis. But the elites in these countries have also taken notice and have no doubt shared information with each other on the nature and threat posed by their respective domestic oppositions. Largely disorganised and ideologically heterogeneous, Arab oppositions also often have overt Islamicist tendencies in incipient leadership positions (and in some cases, like Algeria, an active Islamicist armed resistance tied to al-Qaeda), something that will prompt Western backing for the political status quo in these countries even if they go about re-shuffling their own leadership cadres as a result of the warning provided by the Tunisian crisis. Where these oppositions do have an organisational core, it is more often than not undemocratic in nature and, in the case of Islamicists, explicitly opposed to democracy and supportive of a return to theocratic rule (in states that by and large have worked hard to promote a measure of institutional secularism that coexists with religious hierarchies operating in parallel spheres of influence).

Then there is the lesson of other so-called “colour revolutions” such as the Orange Revolution in the Ukraine, Rose Revolution in Georgia and Tulip Revolution in Kyrygyzstan. These have resulted not in democracy in these states but in the emergence of electoral authoritarian regimes that, if better than the former Soviet republics that they replaced and certainly more pre-Western in nature,  do not come close to offering the full measure of voice, representation, transparency and accountability that their adherents so fervently hoped for during the heady days of street protests that ushered in regime change in each.

Thus a sober assessment of the Tunisian crisis should see it for what it is: a wake up call to the Tunisian and other Arab political elites that ignoring simmering popular discontent and failure to engage in macroeconomic and socio-political reforms will ultimately cause tensions to boil over, and such popular boil-overs pose the risk of regime change if well-organised and supported in the face of regime paralysis. It also means that just because a regime is pro-Western does not mean that a blind eye should be cast on its excesses and exclusions, if for no other reason than doing so will encourage the type of leadership behaviour that gives ideological ammunition to extremists who otherwise would not gain the support of the majority.

For Arab oppositions, the lessons are also clear. “Spontaneous” revolts may garner media attention, but nothing substitutes for ideological consistency, collective organisation and the cultivation of mass appeal in preparation for the moment when what Rosa Luxemburg called the “mass strike” is to be launched. And that, of course, is exactly what the Arab political elites are already keenly focused on preventing with the aid and assistance of their Western counterparts, all under the guise of the so-called “war on terrorism.” Even so, the intelligence failures, particularly by the French and the US, to even remotely predict the unrest in Tunisia speaks volumes about Western lack of understanding of the real dynamics on the ground in North Africa. I mean, how hard is it to assess that a long-lived, openly despotic kleptocracy with repressive contempt for its own citizens would engender popular resentment against it, especially with unemployment levels running at 15 percent of the adult population and more than 20 percent for males under the age of 30? Or does being “pro-Western” absolve such regimes of all sins? Is this what passes for “stability” in the myopic eyes of the Western press and diplomatic corps, or is the mere lack of an organised opposition that gives such regimes a mantle of legitimacy they neither deserve or have in practice? In other words, does the absence of a viable opposition by default grant authoritarian regimes legitimacy (at least in the eyes of the West if not their own people)?

This is not to say that all opposition is futile. To the contrary. But incipient democracy movements in these countries need to refine their message into a clear ideological counter to the status quo, seek to establish broad based constituencies based upon coherent platforms for policy reform, and look to each other as well as viable interlocutors in the West so as to jointly press for substantive reform of their respective political systems while deflecting accusations of ideological extremism and inflexible militancy. Until they do so they will be seen as a rabble rousing mob rather than as a viable political alternative.

That is why the Tunisian crisis, while significant for both its domestic and regional implications, is more of a false hope than a first step in the democratisation of North Africa. For the latter to happen both elite and popular attitudes towards governance will need to change, and nothing in the character of regional oppositions or the tone of their approach to organised resistance, to say nothing of government responses to popular discontent, indicates that is about to happen anytime soon regardless of the immediate impact of the winter of Tunisian discontent.

As the gun smoke clears, the Right run for cover.

datePosted on 16:13, January 10th, 2011 by Pablo

As someone who once lived in the area of Tucson where the politically motivated shooting of US Representative Gabrielle Giffords and 19 others occurred, I have something of a personal connection to the event. I shopped in the strip mall where the attack took place and still have friends in Tucson who I visit when possible. Were I still living at my last address there,  Giffords would have been my Representative. I am well aware of Arizona political culture and the issues that divide it, and know something about its gun laws as well. Thus I am not surprised one iota that an assassination attempt on a “liberal” Democrat would happen in Arizona, although it is somewhat surprising that it happened in Tucson, which is a liberal college town oasis in an otherwise vast political landscape of new and old right-wing conservatism.

Unsurprisingly, as soon as news of the shootings hit the airwaves left-leaning commentators blamed right-wingers for inciting the killer while GOP leaders, Tea Party representatives and the populist demagogues in the media all moved quickly to put distance between themselves and the gunman even though the latter professed beliefs that were very much in concert with the thrust of the Tea Party message as well as those of earlier conservative fringe movements. In fact, some in the rightwing media suggested that the Left has its own violent extremists so the table is balanced on that score.

To which I ask: when was the last time a Left activist in the US attempted to kill a politician? Lee Harvey Oswald was less a committed Stalinist during his time in the USSR and more of a social outcast looking for a belief system to cling to (I shall defer from bringing in Mafia-related and other conspiracy theories at this point). John Hinkley’s attack on Ronald Reagan does not count as he was motivated by the demons in his head, and the attacks on Gerald Ford by members of Charles Manson’s gang in the mid-1970s were equally devoid of political content. But as recently as 2009 a right wing extremist, apparently egged on by the commentary of talkshow rabble rousers, killed abortionist George Tiller outside his church. This has followed a series of attacks carried out by right wing militants that include the Oklahoma City bombing and repeated attacks across the country on abortion clinics. Minutemen and other self-professed right wing militias have demonstrated a penchant for violence against others. The Unibomber was motivated by a mix of left and right views. Islamicists operate according to a profoundly conservative belief system. Anti-Castro Cuban nationalists have committed acts of domestic and international terrorism (including the bombing of a Cuban airliner) in pursuit of their conservative goals.

In contrast, Earth First! and the Animal Liberation Front have lefty ideals and destroy property but do not kill people. Anti-trade protestors and anarchists have run riot in Seattle and DC but mostly gotten (some might say well-deserved) police beatings and tear gassed for their efforts. Puerto Rican nationalists have disrupted Congress and planted bombs but killed no one. Thus it would seem that contrary to the claim that the US Left has its fair share of murderous extremists, not since the days of the SLA, Weatherman and Black Panthers has there been a deadly attack carried out by Left militants on political targets. During that same time period, in contrast, the right wing fringe has claimed dozens of victims, of which those in Tucson are the latest. Truth be told, this is only the latest in a long history of right wing assassination attempts on “liberal” political targets that are seen as “communists,” “socialists,” Trilateral Commission and World Government surrender monkeys, atheists or some unholy combination of all of the above. Just as the John Birch Society had its fair share of armed extremists, so now it appears that modern US conservative movements attract a similar element to their ranks. 

To put a not-so-fine point on it: be it as lone wolves or as part of a criminal conspiracy, it is the fringes of the US Right where most political violence comes from. Even if in most cases the extremists involved exhibited signs of mental illness (as in this case), in the modern US it is right-wing militants who disproportionately get murderous. That could be due to the lack of appeal for calls for working class “revolution” in a country founded on the sanctity of individual liberties and property rights, but one would think that would make Leftist militants more rather than less prone to violence against those political figures that attract their ire. Instead, it is the reverse.

Rather than debate the question of how complicit, implicitly or explicitly, the Tea Party, GOP, Sarah Palin and conservative media have been in the Tucson attack, let me offer a simple formula that outlines the context in which it occurred (and will occur again). Note that this “formula” is exclusive to the US but can be altered, mutatis mutandis,  to apply to other countries as well:

Loose gun control laws+availability of semi-automatic weapons+polarised politics+venomous hate mongering political rhetoric in media and in election campaigns+rapid demographic change+economic crisis+ eroding social cohesion and solidarity+deranged or otherwise sociopathic personality disorders+precipitating event (personal or political)=likelihood of an armed attack on a perceived “traitor” by someone espousing militant ideological views.

In the contemporary US, this formula suggests that the attack in Tucson is neither unique or a once-off, and in fact points to a condition of ongoing anomie that barring a major change in both the structural and superstructural causal factors listed above, will lead to more such events in the near to medium future. Rather than the content of any one ideology or creed, it is the combination of factors that makes for the murderous enemy within, and no amount of blame-fixing and scapegoating of “foreign” beliefs detract from that fundamental fact.

PS: for those interested in a more immediate look at the tragedy, take a gander at my old home town newspaper: http://azstarnet.com/

UPDATE: As if on cue a NZ version of the unhinged reactionary chickenhawk faction weighs in, with a link to this post: http://truebluenz.wordpress.com/2011/01/11/it-is-not-about-loughner-or-palin-its-about-the-republic/

Priceless.

Justice delayed, now denied.

datePosted on 18:02, December 31st, 2010 by Pablo

Rather than ring out the old year and ring in the new year with the usual inane rubbish about new beginnings and fresh starts, annual lists, countdowns etc., how about we use the occasion for a reality check, in this case a reality check on the state of the NZ judiciary using one very important case.

On October 15, 2007 a number of individuals were arrested on a variety of charges, including planning terrorist attacks. Others were arrested later, and collectively they have come to be known as the Urewera 18. On May 30, 2011, three and half years after they were arrested, the majority of these defendants will finally go to trial (three defendants will be tried separately).  Not only is the delay largely a result of the Police and Crown trying to introduce new charges after the fact and argue for the admissibility of evidence obtained under the Terrorism Suppression Act that was ultimately not invoked against the accused. Now, in a decision which has had its reasoning suppressed by the court, the Urewera 15 have been ordered to have a trial by judge. You read correctly: not only have they been denied  the right to a prompt trial but are now denied a jury of their peers. To that can be added holding the trial in Auckland when most of the defendants live elsewhere and their purported crimes were committed outside of Auckland.

Between the delays, venue and judge-only trial, the Crown and judiciary is engaging in a blood-letting exercise designed to drain the defendants materially and emotionally long before they enter the courtroom on May 30. Arguing under section 12 that the case is too complex, with too many defendants, with too many side-issues and matters of procedure to be considered adequately by a panel of laymen and women is an insult to the NZ public as well as a thinly veiled attempt at juridically saving face in a case that was over-ambitious, politically-motivated and legally flawed from inception.

This is further evidence of the ingrained authoritarianism and lack of accountability rampant in the judicial system. Judges act as if they are above the laws they are supposed to uphold. The Crown vindictively prosecutes cases without regard to their merits or costs because political interests are at play (remember that the NZ wikileaks cables show NZ government officials telling the US embassy in Wellington that theZaoui case was not winnable–then saw the Crown go ahead for another two years arguing for Zaoui’s incarceration or expulsion until the SIS finally dropped the pretext that he was a threat to national security). Elites are given name suppression for the flimsiest of reasons and judges protect their own when these transgress. This is exactly the sort of judicial attitude in dictatorships.

And yet, it is the attitude in NZ as well. Meanwhile, not a single mainstream media outlet has raised the subject of the long delayed and now jury-denied Urewera trial since the decision on the latter was announced in early December. Not a single right-wing blog has raised the obvious civil liberties and rule of law implications of the case. The Left commentariat has been largely silent as well, with the notable exceptions of Idiot Savant and Russell Brown.

Why is this? Is this silence a result of the fact that the accused are an ideological minority that are easy to scapegoat and persecute? If so, that is exactly the reason why the full spectrum of democratic commentators should be protesting the case: in a democracy it is not mainstream, “normal,” “nice guys” who deserve the most legal protection and rights of redress. It is the ideologically suspect, reprehensible, marginalised, ostracized or otherwise outcast who deserve the full protections of law precisely because they are at the mercy of the majority–a majority that is often ill-informed or manipulated by authorities when it comes to evaluating the merits of any given case against anti-status quo political activists. The majority may rule, but free, fair and impartial trials are the minority’s best bulwark against its tyranny.

That is another reason why a jury trial is deserved by the Urewera 15. A  jury, selected from the public mainstream, can listen to and observe the prosecution evidence and the defense against it in detail, first hand, then deliberate on the merits of each. That ensures that no judicial bias or hidden quid pro quos enter into the process. As things stand, the judge who hears the trial is vulnerable to such accusations, which is more the reason to bring an impartial jury into the process.

I am not entirely sympathetic to the causes being espoused by the Urewera 18. I do believe in their right to act militantly in defense of them subject to the penalties of  law should they act in ways that contravene criminal standards (as hard as it is to say, I extend this belief in the right to militant activism to neo-Nazis and skinheads as well so long as no harm to others results from it). Here I disagree with some distinguished Left commentators, who have seen something sinister in their activities and who believe that the political motivations of the defendants makes the case “special.”

I have already written at length on why politically-motivated crimes should not be treated as a special category so will not belabour it here. But I am sure that those who see sinister intent in the Urewera 18  will agree that the way this prosecution has gone is wrong on several levels. Even if the Urewera defendants are in fact complicit in something more than activist fantasy-ism and role-play, they deserve to be treated fairly according to the rule of law consistent with the foundational principles of a free society. Yet they have not, and nary a peep has been heard about that from those who should know better and who ostensibly are champions of the democratic ethos.

This attitude is shameful and should be repudiated by all fair minded people regardless of ideological persuasion.  The trial-by-judge decision must be appealed as a denial of due process and publicly repudiated by those who believe in the democratic ideal.

How’s that for some New Year’s resolutions?

NZ wiki cable number 2.

datePosted on 12:11, December 13th, 2010 by Pablo

This one is arguably better than the last. I say “better” simply because it speaks to intelligence and security issues in the main rather than broader foreign policy or NZ leaderships characteristics, and names key players in the NZ security apparatus (it should be noted that although it is illegal to name various intelligence personnel in NZ public fora, this was a classified internal US government document so the legal restrictions do not apply. Now the document is a matter of public record so the cat is out of the bag, so to speak).
In any event, this one is a veritable gold mine in places. Again, note the distribution list, and thanks to Selwyn Manning and Scoop for doing the original data mining.

08WELLINGTON356
Date: 10/24/2008
175015,10/24/2008 1:29,08WELLINGTON356,Embassy Wellington,SECRET//NOFORN,,VZCZCXYZ0001OO RUEHWEBDE RUEHWL #0356/01 2980129ZNY SSSSS ZZHO 240129Z OCT 08FM AMEMBASSY WELLINGTONTO RUEHC/SECSTATE WASHDC IMMEDIATE 5491INFO RUEHBJ/AMEMBASSY BEIJING PRIORITY 0442RUEHBY/AMEMBASSY CANBERRA PRIORITY 5291RUEHBUL/AMEMBASSY KABUL PRIORITY 0069RUEHLO/AMEMBASSY LONDON PRIORITY 0209RUEHNE/AMEMBASSY NEW DELHI PRIORITY 0192RUEHOT/AMEMBASSY OTTAWA PRIORITY 0336RUEHUL/AMEMBASSY SEOUL PRIORITY 0309RUEHKO/AMEMBASSY TOKYO PRIORITY 0725RUEKJCS/OSD WASHINGTON DC PRIORITYRUEAIIA/CIA WASHINGTON DC PRIORITYRHHMUNA/CDR USPACOM HONOLULU HI PRIORITYRHEFDIA/DIA WASHINGTON DC PRIORITY,”S E C R E T WELLINGTON 000356 NOFORN SIPDIS STATE FOR EAP/ANP AND INR/FO E.O. 12958: DECL:

10/23/2018 TAGS: PINR, PREL, NZ SUBJECT: A/S FORT’S OCTOBER 9-10 VISIT TO NEW ZEALAND Classified By: Pol/Econ Counselor Margaret B. McKean; Reason 1.4 (b), ( c), (d) 1. (C) Summary. During an October 9-10 visit to New Zealand, INR A/S Randall Fort met with members of the External Assessments Bureau (EAB), the Chief Executive of the Prime Minister and Cabinet’s Department, Ministry of Foreign Affairs and Trade Deputy Secretary Caroline Forsyth, and officials with New Zealand’s Government Communications Security Bureau (GCSB). GNZ officials praised USG efforts to improve intelligence sharing, particularly with respect to imagery. GNZ interlocutors acknowledged that New Zealand gains enormous benefits from being part of the Five Eyes intelligence community. A/S Fort’s message focused on the increasing sophistication of commercial search engines and the growing number of open source analyses available to policymakers. In the future, the intelligence community must find ways to differentiate their products and provide value added to policy makers, argued A/S Fort. He also discussed the issues surrounding cyberspace and national security. Key issues for GNZ officials centered on the recent Georgia/Russia conflict, Iran, Iraq, Pakistan/Afghanistan, North Korea and the Pacific region. End Summary. Security of Public Sector Computers is Key Concern ——————————————— —– 2. (C) INR Assistant Secretary Fort visited New Zealand on October 910, accompanied by other INR staff. Meetings with GNZ officials included calls on Gregory Baughen, head of New Zealand’s External Assessments Bureau (EAB), working sessions with EAB officials, a meeting with Bruce Miller, Deputy Director of New Zealand’s GCSB, and a a call on Michael McBurney, Deputy Director of New Zealand Security Intelligence Service (NZSIS). Discussions with EAB working level staff and analysts from other government

offices focused on the recent Russia/Georgia conflict, North Korea and northeast Asia, China, Iran/Iraq, Afghanistan, and the Pacific region. 3. (S/NF) During his visit, Fort called on Chief Executive of the Department for Cabinet and Prime Minister’s Office, Maarten Wevers, who manages a staff of 120, including Domestic and External Security groups, the PM’s policy group, and Wevers also oversees New Zealand’s intelligence committee. Wevers likened his Department to the National Security Council in terms of breadth of coverage and responsibilities. He noted that EAB’s operations are highly compartmentalized and EAB reports are tightly held within Cabinet, with few Ministers seeing them. He explained that New Zealand’s contribution to the Five Eyes intelligence community consists of two monitoring stations; one in the northern end of the south island, and the other on the north island near Wellington. Wevers offered that the GNZ recognizes that it is a “”enormous beneficiary”” of the Five Eyes community and lauded the good bilateral relations on intelligence sharing, including recent strides in imagery sharing. He added that New Zealand was “”well past the military issues”” of the past. A/S Fort hoped the additional access would prove useful to New Zealand; the amount of information and management of the information can be a challenge. Wevers commented that intelligence and assessments may mean something different to New Zealand than to other Five Eyes partners. Often there are significant differences with Australia, he added, as New Zealand is a more Pacific country than Australia and the latter is not always attuned to Pacific developments. 4. (C) A/S Fort spoke about the challenges for intelligence analysts posed by the rapid growth of commercially available analytic services outside government and the sophistication of search engines such as Google and Yahoo. The information needed by policymakers is increasingly available outside government,

and the size of outside companies or groups is not a factor. Smaller can be very nimble; the quality of the analysis is key and the intelligence community must increasingly look to match outside services and provide additional value added to remain relevant, affirmed the A/S. 5. (C) Fort turned to issues involving cyberspace and the Comprehensive National Cybersecurity Initiative (CNCI), which will begin with the Five Eyes and then move to NATO countries. Security is part of the issue, but the A/S also stressed the relevance to finance and defense. Even small countries can benefit with a relatively small contribution towards equipment and personnel. Regarding deterrence, he mentioned that there are analogues to nuclear deterrence but the international community is only beginning to think about cyber threats in similar fashion. Wevers noted that the GNZ is seized with the issue of cybersecurity, and f is working with the PM’s Department to protect the public sector computer system and analyze the range of risks. 6. (C) In discussing the Pacific and Chinese activities in the region, Wevers said that China has recognized that their competition with Taiwan is not helpful, but their foreign affairs officials are not always aware of what others in the Chinese government are doing in the region. Venezuela and Cuba are now coming into the Pacific, and Wevers likened their interest to that of the Russians in the past. A/S Fort mentioned that the backtracking of democracy in the broader Pacific region (Fiji, Thailand, Philippines, Malaysia) was a Washington concern. The region is more fragile today than 10 years ago, he opined, and urged a coordinated approach by the stronger and healthier democracies. Wevers offered that APEC remains an important regional mechanism and the East Asia Summit, which includes India, is another good venue for raising issues. Wevers added that China is only now realizing the very significant law and order problem

within China, as people are making money illicitly without any sense of the rule of law. The metamphetamine problem in the region can be traced to China, continued Wevers, and the precursor chemicals are coming into New Zealand and other countries in large containers that are difficult to stop. Meeting with MFAT Deputy Secretary Caroline Forsyth ——————————————— —— 7. (S/NF) DepSec Forsyth welcomed A/S Fort’s visit, stating that the GNZ values its contacts with the Washington intelligence community. The twice-weekly CIA-Commonwealth briefings are very useful, but the Five Eyes provides greater depth. She added that intelligence reports go to the PM’s office, who “”absorbs”” the paper. A/S Fort explained that the State INR Bureau is relatively small, and therefore focuses on core issues. Currently, Washington policymakers are focused on the longer term implications of the recent Russia/Georgia conflict and what is holds for Russia’s future and adherence to international norms. With North Korea, the Six Party Talks are the central issue, but also Kim Jong Il’s health and possible successor. Afghanistan’s trend lines are worrisome, he added, particularly due to the link with the Federally Administered Tribal Areas (FATA) in Pakistan. Pakistan’s transition to civilian leadership is being watched closely in Washington, noted the A/S. He and Forsyth discussed Iranian nuclear pretensions and possible Israeli reaction. A/S Fort offered that Israel is likely to strike if the government of Israel believes Iran has met their red lines; an Israeli strike against Iran would be more complex than those launched against Iraq and Syria, he said. A/S Fort added that the US-India nuclear deal was an historic diplomatic achievement for the Secretary. Responding to Forsyth’s question, Fort downplayed Venezuela as a threat to USG interests and characterized Chavez as more of an annoyance with limited political influence within the region. 8. (S) Forsyth praised the US-New Zealand bilateral

relationship, noting that the highlight of the year had been the Secretary’s visit to New Zealand and onward travel to Samoa, which had provided a window into the challenges facing the Pacific, particularly to the micro-states of the region. New Zealand views the situation in Fiji as “”acute,”” and appreciates USG support for the Pacific Island Forum (PIF) position on Fiji. A/S Fort commented that GNZ sigint had been critical to USG understanding of the 2006 coup. Forsyth offered that New Zealand sees an arc of instability in Melanesia, as there is a great deal of money but little to no capacity to use it wisely. The Solomon Islands are under control at the moment but there are still significant problems in terms of governance and corruption. The GNZ is weighing the necessary structural changes needed to make a long-lasting improvement in the SI society so that RAMSI security forces might depart. Vanuatu is coping for the moment, she added, and New Zealand is putting significant assistance towards agricultural projects there. 9. (S/NF) Moving to North Korea, Forsyth asked if the stalled progress on the Six Party Talks was linked to a DPRK assessment that the U.S. election aftermath might offer a better deal. A/S Fort replied in the negative, noting that foreign policy continuity is the norm. Oscillation is part of the DPRK strategy, he added, and the current situation is complicated by Kim Jong Il’s health issues and the succession process. Kim Jong Il played off the former Soviet Union and China to his benefit and may be trying to use the U.S. in the same way as the Soviets. China’s role has been constructive, continued Fort, largely because Beijing does not want to see a nuclear Korean peninsula and the ramifications of a northeast Asian arms race. The A/S mentioned that North Korea faces a food crisis despite World Food Program assistance. Forsyth said that the New Zealand high commissioner in Seoul would be going soon to North Korea for a periodic visit. 10. (S/NF) The MFAT

Deputy Secretary asked for A/S Fort’s assessment of Afghanistan and Pakistan. New Zealand has troops stationed in Bamiyan province and the GNZ is concerned over the malevolent influence from the tribal areas of Pakistan, particularly since the international community has been trying to transform Afghanistan into a state since 2001. Fort responded that Afghanistan will be an enduring challenge for generations requiring cultural changes. The U.S. is determined to be more aggressive in addressing Taliban cross-border operations, and is weighing the political costs with Pakistan. Forsyth and Fort discussed prospects for the Indian government to improve its relations with Islamabad to ease pressure on the Pakistan army to fight insurgents in the FATA. Comment ——- 11. (C) GNZ interlocutors were pleased to have the opportunity to discuss a range of global issues of bilateral concern. All meetings focused on GNZ support for the intelligence sharing partnership and, in particular, the singular role of Prime Minister Clark in ensuring good cooperation. As of this writing, the New Zealand HC based in Seoul has already returned from her trip to the DPRK; we will try to get a readout from MFAT. End Comment. 12. (U) A/S Fort has cleared this message. MCKEAN”,24/10/2008

Politics as the art of hypocrisy revealed (NZ style).

datePosted on 13:34, December 12th, 2010 by Pablo
It is said that politics is the art of hypocrisy and that diplomacy is the art of saying one thing when meaning another. The publication of US diplomatic correspondence between its embassy in Wellington and other US agencies in Washington and abroad (see distribution list below) show that the 5th Labour government was much more closely aligned with the US on security and intelligence matters than it let on in public, and that the push to improve ties with the US crossed the aisle in parliament but was deliberately not made public for domestic electoral purposes.
Rather than read what others have to say about the issue, I figured that it is best to just offer KP readers the opportunity to digest one particularly informative cable for themselves. It is long but well worth the effort reading, and comes courtesy of Selwyn Manning at Scoop, which also has the most in-depth analysis of the subject. Of course, by my publishing it and you reading it we have both apparently broken US laws governing classified information.
I wonder if that means that I will hear the words “cavity search” on my next trip to the US.
07WELLINGTON194
Date: 3/02/2007
98719,3/02/2007 4:55 AM,07WELLINGTON194,Embassy Wellington,SECRET//NOFORN,,VZCZCXRO2665OO RUEHPBDE RUEHWL #0194/01 0610455ZNY SSSSS ZZHO 020455Z MAR 07FM AMEMBASSY WELLINGTONTO RUEHC/SECSTATE WASHDC IMMEDIATE 3972INFO RUEHBY/AMEMBASSY CANBERRA IMMEDIATE 4773RUEHPF/AMEMBASSY PHNOM PENH IMMEDIATE 0043RUEHPB/AMEMBASSY PORT MORESBY IMMEDIATE 0637RUEHSV/AMEMBASSY SUVA IMMEDIATE 0573RHEHAAA/NATIONAL SECURITY COUNCIL WASHDC IMMEDIATERUEAIIA/CIA WASHINGTON DC IMMEDIATERUEKJCS/OSD WASHINGTON DC IMMEDIATERHHMUNA/CDR USPACOM HONOLULU HI IMMEDIATE,”S E C R E T SECTION 01 OF 04 WELLINGTON 000194 SIPDIS SIPDIS NOFORN STATE FOR EAP/FO AND EAP/ANP NSC FOR VICTOR CHA OSD FOR JESSICA POWERS PHNOM PENH FOR POL/MCKEAN E.O. 12958: DECL: 03/01/2017 TAGS: PREL, PGOV, NZ SUBJECT: PM CLARK GOES TO WASHINGTON Classified By: Charge D’Affaires David J. Keegan, for reasons 1.4 (b) and (d) 1. (C) Summary: Prime Minister Clark has announced to New Zealanders that she will use her March 20-21 visit to Washington to discuss key regional and world events with the President and other
Senior Officials. In reality, she has a broader agenda as well: to improve the tone of her dialogue with us and to send a message to the NZ electorate that cooperating with the U.S. is normal and advances New Zealand’s interests. Now in her third term in office, Clark has over the years developed a deeper understanding of the breadth and benefits of the US-New Zealand relationship. She recognizes that sound bites matter, and in response has begun to modulate her public statements to be more positive about the relationship. She also strenuously avoids saying anything critical about U.S. policy. Although a strengthened centrist domestic political opposition may motivate Clark to be more open to us, most of her efforts to improve bilateral cooperation have not been made public, indicating genuine commitment. Over the past year, she has quietly filled a number of key positions with officials who are well disposed towards the United States, and she and her Ministers now treat official meetings with us as opportunities to advance common agendas rather than either public relations coups or something to deny. The PM closely monitors and supports the “”Matrix”” process as well as deeper US-NZ cooperation in intelligence and other issues. She particularly appreciates our cooperation in the Pacific and Antarctica. End Summary. 2. (C) A micromanager, Clark will come to Washington extremely well briefed on the issues. She will likely suggest small but concrete ways to cooperate within the boundaries of the Presidential Directive, such as by regularizing our dialogue on scientific and Pacific Island issues. She will probably announce that New Zealand will extend its military deployments in Afghanistan through September 2009. Clark will not seek any dramatic changes to bilateral policy, which she recognizes would be more than either side’s system could bear. Nor will she make a heavy pitch for an FTA as she did during her 2002 visit, instead leaving that for Trade
Minister Goff’s trip to Washington later this year. 3. (C) We should use this visit to urge continued tangible commitments to the improving bilateral cooperation and NZ’s defense modernization. We should also elicit a greater willingness to publicize our successes where possible. Clark will be setting the pace for improving U.S.-New Zealand relations for the foreseeable future. This visit provides us an opportunity to encourage her to stay the course and to resist negative pressures from those in her party who prefer to keep us at arm’s length. ————————————– MOVING UP THE LEARNING CURVE: WE MATTER ————————————— 4. (C) With over seven years in office, Clark is now the longest serving Labour Prime Minister in New Zealand history. Although she has no clear successor and may run for an unprecedented fourth term, she is clearly already focused on her legacy. Arriving in office well to the left of the political spectrum, Clark began her tenure by stressing New Zealand’s role as a small but principled player favoring multilateral (ideally UN-based) solutions to the world’s problems. Since then, she has witnessed such events as 9/11, cooperation between NZDF and US troops in Afghanistan, and shortcomings of the UN system (such as its inability to react to the 2005 Tsunami). As a result, she has over time focused more on New Zealand’s role in the Pacific region and its relations with Australia and other bilateral allies. 5. (C) Through learning on the job, Clark has clearly developed a more sophisticated understanding of the breadth and importance of the US-New Zealand relationship. Her desire to improve relations with the Administration may be due in part to the influence of Foreign Minister Winston WELLINGTON 00000194 002 OF 004 Peters, but we see evidence that Clark herself wants to improve US-New Zealand ties. Contacts tell us she has especially valued our close cooperation following the coup
in Fiji, and during her recent meetings with PM Howard she praised EAP DAS Davies’ trip to the Solomons. The Ambassador reports that Clark is obviously impressed by our dedication to environmental protection and generous support for New Zealand activities in Antarctica, which she witnessed first hand during this year’s celebrations of USNZ cooperation on the ice. 6. (C/NF) Recognizing that her Government had initially resisted improving the U.S. relationship, Clark has since the 2005 election appointed to key positions a number of officials well disposed towards working with the United States. In addition to Foreign Minister Winston Peters (arguably a marriage of convenience), she has appointed Warren Tucker as Director of the NZ Security Intelligence Service (NZSIS), Bruce Ferguson as Director of the Government Communications Security Bureau (GCSB), Roy Ferguson as NZ Ambassador to Washington; and John McKinnon as Secretary of Defence. Together with Peters and Simon Murdoch, second in command at the Ministry of Foreign Affairs, these officials have improved their agencies’ coordination on U.S. policy and instructed staff to be helpful to us wherever possible. For example, NZSIS had for months resisted housing equipment needed to implement a possible HSPD-6 agreement with the United States. Soon after his arrival, Tucker ordered NZSIS to be the host, paving the way for negotiations. 7. (C) Clark has been more mindful of the public side of our relationship as well. She participated in the Embassy’s 4 July reception even though she never attends national day events. She was also gracious guest at a media-covered reception at the Ambassador’s residence last May in honor of her favorite Kiwi composer. Mindful that her 2003 remarks about the Iraq war have not been forgotten, Clark now slaps down her Cabinet Ministers for similar offenses. When on January 12 Duty Minister Jim Anderton issued a blistering critique of
the President’s plan to send more troops to Iraq, Clark quickly disavowed the comments and removed Anderton from duty within the day. She was roundly criticized in the media for her actions, but did not budge. After confirming her visit to Washington on March 1, a reporter asked what Clark would say if the President asked her views on the war. Clark merely said she doubted that would happen, adding that New Zealand is not in Iraq and it would be “”gratuitous to offer any advice.”” ———————————CLARK REALLY DOES WANT CLOSER TIES ——————————— 8. (C) Some observers claim Clark only wants to mend fences with the United States to wrest center ground from the opposition National Party, which is gaining in the polls. We doubt this is her main motive. For one thing, polling suggests up to half of all Kiwis believe New Zealand does not need a closer relationship with the United States, and the anti-American sentiment in the left side of her own caucus is well known. Although Labour is losing ground in opinion polls, Clark is far from being in such crisis that she needs to change her foreign policy to get votes. New National leader John Key is charming and confident, but has been in Parliament for only five years and his practical agenda remains fuzzy. In contrast, while many Kiwis consider Clark cold and some question her integrity, we have yet to meet any who regard her as anything less than competent. The majority seem proud of the way she has helped forge a new, modern identity for the country: clean, green, multicultural, multilateral, creative, and yes — nuclear free. Nor is there a chance of the type of leadership putsch within Labour that has plagued National in recent years. —————————————– WE BENEFIT FROM STRONGER COOPERATION, TOO —————————————- 9. (C) New Zealand is small, but concrete improvements in WELLINGTON 00000194 003 OF 004 bilateral cooperation over the past year, including
via the “”Matrix”” process initiated in Bangkok last year, have brought tangible, positive gains for U.S. interests. We continue to cooperate closely on events in Fiji and have come to value the views of Kiwi officials regarding events in E.Timor, the Solomon Islands, and Tonga. We are increasing behind-the-scenes dialogue on N.Korea and Iran, both of which have diplomatic relations with New Zealand. The “”Matrix”” process has also been helpful in enabling both sides to stay joined up in response to other events, such as ensuring that the recent fire on board a Japanese whaling vessel in Antarctic waters would not lead to an environmental disaster. 10. (S/NF) Improvements on the defense and intelligence side have also borne fruit. As Minister in Charge of the NZSIS and GCSB, Clark is read into all major operations involving U.S. intelligence. She understands the implications of a post-9/11 world for New Zealand’s security. She also realized after the Fiji coup that New Zealand had become too reliant on Australian intelligence. Clark grasps that NZ must “”give to get”” and that some of our cooperative operations — such as monitoring radicalizing Kiwi jihadists — strengthen her country’s security. But she also has been willing to address targets of marginal benefit to New Zealand that could do her political harm if made public. Over the past year, she has supported increased counterterrorism cooperation with us. 11. (C/NF) While the Presidential Directive still limits our defense relationship, New Zealand’s push since 2004 to modernize its forces have improved our ability to work together in those areas in which we can cooperate. In support of NZ military activities in the Pacific Islands, Timor Leste, Afghanistan, and elsewhere, there have been more high-level U.S. military visits to New Zealand over the past 6 months than in the previous two years. This March alone, there will be visits by two Admirals for maritime security consultations with New Zealand, France, and the UK, as
well as a yearly call by PACAF Commander General Hester. There have been more U.S. military waivers for multilateral exercises including the NZDF as well. Unlike in the past, the PM and her Government have focused on the substance behind these visits and exercises instead of touting them to the press as a sign that NZ’s nuclear ban no longer matters to the United States. New Zealand continues to be an active participant in the Proliferation Security Initiative, has helped explain the importance of this effort to Pacific Island states, and will for the first time host an Operational Experts Group Meeting in Auckland March 2628. ———- Key Issues ———- 12. (C/NF) Regional/Global Security: In her public statements announcing the visit, Clark has said that she hopes to discuss with senior US officials common interests in counter-terrorism/Afghanistan; regional security and good governance in the PICs and E.Timor; and DPRK, Iran and other nonproliferation issues. Although she told a journalist that Iraq is unlikely to come up, MFAT staff tells us that she knows that this is a major issue on the mind of the Administration. They also say she is likely to raise concerns over China’s role in the Asia Pacific region. Clark will likely announce during her visit that New Zealand will extend its deployments to Afghanistan through September 2009, the longest extension since the Afghan war began. She may also propose that both sides agree to regular consultations on Pacific Island issues. We agree this could send a positive public signal about our joint work in the region, although in reality fast moving events make it a certainty that we will continue to communicate in real time as well. We would also have to ensure that the search for agenda items and “”deliverables”” did not overwhelm our constructive dialogue. 13. (S/NF) Intelligence: Although it will be obviously impossible to publicly highlight the exact nature of NZ’s WELLINGTON 00000194 004 OF 004 intelligence cooperation during
Clark’s visit, she undoubtedly would appreciate having it acknowledged behind closed doors. We should also encourage New Zealand to agree to some public recognition of the HSPD-6 MOU that we understand will be signed during the visit. A public signing ceremony the Embassy hosted when we concluded the US-NZ Regional Alert Movement agreement received positive press play here, which indicates that not all intelligence cooperation issues are tabu to Kiwis. 14. (C) Environment and other issues: Since the Antarctic celebrations in January, Clark has become more aware of the close level of cooperation between US and NZ scientists both on and off the ice. She may propose new areas for cooperation in Antarctica and suggest both sides review the US-NZ Science and Technology Agreement to consider possible new joint research efforts. GNZ officials were struck by parallel references to climate change and sustainable energy in both the President’s and PM’s opening statements to their legislature this year, and Clark may raise this as well. She may also propose cooperation on efforts towards sustainable fisheries. Clark will almost certainly acknowledge U.S. leadership in WTO Doha negotiations. 15. (C) The Public message: Clark will deliver three speeches while in the United States. Unlike her speech there in 2002 on New Zealand’s desire for an FTA, Clark’s address in Washington will present a more positive focus on overall US-NZ relations. This reflects both her understanding that an FTA is not possible for now and her desire to speak to the broader relationship. Clark will deliver a second speech in Chicago covering WTO and economic issues (including a soft FTA pitch) and a third in Seattle on innovation in New Zealand. ——- COMMENT ——- 16. (C) PM Clark will continue to set the course for improved USNZ relations. It is clear there will be no change in New Zealand’s anti-nuclear policy in the medium term; even the
new opposition leader John Key has announced that the National Party wants to maintain the ban. National also continues to be vulnerable to accusations of being too close to the United States, which cost it significant support at the 2005 election. If elected in 2008, the Nats will have more political room to work with us if they can build on progress made under this Government towards better US-NZ ties. A re-elected Labour Government will do the same. This visit provides a chance to encourage Clark to set the bar high. We may have setbacks along the way, but the better our mutual understanding of what each side can expect from each other, the less likely that these hiccups will undermine our progress. End Comment. Keegan”,2/03/2007

Playing us for suckers.

datePosted on 14:39, December 7th, 2010 by Pablo

John Key has announced that changes to the SIS enabling laws that will expand its powers of surveillance of cell phones and computers as well as its use of electronic tracking devices will be pushed through parliament before the Rugby World Cup. He claims it is necessary to do so because “many world leaders” will be visiting during the RWC and appropriate security measures must be in place that require changes to the 41 year old SIS charter. The Privacy Commission advised for a three year review of the pertinent laws but was ignored.

This is the second time that Mr. Key has used the RWC to justify a modification of a security measure, the first being the withdrawal of the NZSAS from Afghanistan in 2011 because they are needed for duty at the RWC. Just as it is ludicrous to believe that NZ’s most elite troops would be used as guards or stand-bys for a sporting event held in Aotearoa, it is also an insult to the NZ public intelligence to claim that the RWC is the reason for the law changes that expand the SIS powers of search and surveillance.

The changes are actually just another continuation of the steady expansion of the NZ security apparatus over the last ten years. It runs in parallel with the proposed Search and Surveillance Bill, which gives wiretapping and eavesdropping authority to a range of local and national agencies that have nothing to do with security. Each year the SIS budget increases, as does its personnel. Police intelligence has also increased in numbers and seen its role expanded. The question is, first, what threats exist now that require such an expansion of the coercive powers of the State?  Are these threats of such a magnitude that basic civil liberties must be curtailed in the purported interest of national security? If so, why are they not publicly identified and enumerated so as to raise public awareness of them? If not, why, in an age of public bureaucracy down-sizing and privatisation, is the repressive apparatus growing, especially in its internal dimension?

Truth be told, all claims about terrorists notwithstanding, from where I sit there appears to be very little in the way of new, imminent and developed threats that constitute a clear and present danger to NZ national security so as to justify the continued expansion of the repressive apparatus at the expense of civil liberties.

We will never hear an answer to the questions I have just posed because John Key says that “it is not in the public interest” for hearings on the proposed changes be open to scrutiny. Instead, submissions on the proposed changes will be open to the public but the hearings on them held in private because–you guessed it–it was “not in the interests of national security” for the hearings to be heard openly. In sum: for John Key, the public logic is that for the sake of a one-off athletic event that is limited to a handful of former rugby-playing Commonwealth countries and some joiners (unlike more universal competitions like the World Cup, the Olympics or Commonwealth Games), the entire fabric of (mostly domestic) intelligence-gathering must be expanded and domestic liberties further curtailed.

One wonders what National’s  private logic is.

What are Mr. Key and his pipe dream team smoking that he can bald-faced say such utter nonsense and expect the NZ to be so gullible as to believe him? Or is the NZ public that stupid that it will believe that these proposed law changes are needed to protect visiting world leaders at the RWC and are so sensitive that their merits cannot be debated openly? Does he think that Kiwis do not care about legislation that curtails their basic rights, or that they believe that it is best to allow the government to just push through tougher ‘anti-crime” laws without public debate?

It could well be the case that the proposed changes are due to the fact that advances in telecommunications have allowed criminal and extremist groups to transfer funds and send instructions more easily and securely in and out of NZ. It could well be that criminal and extremists groups are scheming and plotting in NZ, and the proposed law changes will allow the SIS to better counter them. But that should be publicly explained and justified, not considered privately within the confines of the Parliamentary Security and Intelligence Committee, which is comprised of a grand total of 5 people and in which the government has the majority.

The bottom line is that the proposed legislation has nothing to do with the RWC and all to do with an ongoing expansion of the State’s powers of coercion at a time when its ideological apparatuses are increasingly failing to reproduce mass consent to the elite’s preferred ideological project. Having supported the equation of dissent with terrorism while in Opposition during the 5th Labour government, National is keen to ramrod more encroachments on basic rights in pursuit of the challenged elite project. Having eroded the right to organise and collectively defend worker’s interests while opening up the country to a variety of investors, yet having its hopes for asset sales to foreigners  and de-regulated mining on public lands thwarted by public resistance, National has turned to the old canard of “security” to dupe the public into giving up more rights to the State.

Raising the spectre of security threats provides a convenient cloak for the assertion of State powers of control and punishment on all those who challenge it, criminal or benign. That is why Mr. Key wants hearings on the proposed changes to be held behind closed doors, because if they were made public then open challenges can be made to the justifications for an expansion of SIS powers as well as the underlying reasons for them.

Mr. Key and his minions must be resisted as the closet authoritarians that they are.  In democracy. law changes need to receive a full and open airing, it is changes to security and intelligence laws that threaten the fundamental rights that lie at the heart of democratic society. The proposed changes are one such instance, which makes it too important a matter to be left to the privacy of the Parliamentary Security and Intelligence Committee in the run-up to the RWC. Mr Key cannot have it both ways: either he believes in democratic accountability when it it comes to national security matters and its impact on fundamental rights and restrictions on them, or he believes in elite perogative, to include the issue of balancing of security and rights.

The only way to find out is to force him to choose, and for that to happen requires an Opposition that understands–surprise, surprise– that political advantage can often be gained by standing on principle. One can only hope that is now is such a moment of realisation for Labour, even if it means turning on the monster that it created nearly ten years ago.

123... 20212223PreviousNext