Archive for ‘governance’ Category

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.

Squandering Political Opportunity.

datePosted on 12:51, October 31st, 2010 by Pablo

The dramatic reversal in the Democrat’s fortunes since November 2008 and their impending defeat in Tuesday’s mid-term elections raises the question of how things went so wrong for them in such as short time. Needless to say, the situation they inherited did not help: a major recession with near record unemployment, bankruptcies and home foreclosures, two wars of occupation, immigration concerns and a deeply polarised electorate. Even so, President Obama had a wave of popular support, the Democrats gained control of Congress, there was a mood for change in the country and the world was sympathetic to the incoming administration. Inherited obstacles notwithstanding, the scene was set for a major shift in direction under consolidated Democratic leadership for years to come.

Instead,  the Democrats have foundered while the GOP-Conservative opposition has rebounded and mounted a formidable challenge that threatens to undermine any hope for significant alterations in US policy direction. The immediate reasons for this Republican resurgence and the pallorous state of the Democratic Party (and the President) in the run-up to the midterms has more to do with the latter’s strategic and tactical errors rather than the former’s platform for governance. The Democrat errors can be enumerated, and will be summarised here.

The first strategic error was to believe that playing a centrist game was going to work. That may have succeeded in years gone by, but with an Republican opposition operating off a script of obstructionism, fear-mongering, personal denigration, xenophobia and cultivation of populist ignorance, it was never going to prosper in today’s political climate. Appeasing a disloyal opposition simply encourages it to become more vicious in its attacks, particularly when it has a partisan media working on its side. Thus the “Kenyan-Muslim-Socialist” and “Pelosi-Reid deficit spender” memes that have reverberated from the moment the Obama administration took office and the Democrats gained control of Congress.

What the President and his party should have done is staked out an explicitly Liberal-Left policy agenda that starkly differentiated their (relatively, given that it is in the US) progressive and pro-active  approaches to the nation’s woes. They were going to be vilified anyway, so the stark differentiation of their platform from the reactionary and failed GOP approach would have clarified the lines of debate in ways that the public could clearly understand, both in terms of where the fault lay with regards to the economic woes of the country as well as in the solution set being offered as an alternative. After all, the US has not had anything remotely close to a “progressive ” policy agenda (and I say this phrase advisedly simply because what passes for progressive in the US is centrist is most other liberal democracies) since the early days of Jimmy Carter’s presidency, and the inherited economic and political conditions were ripe for a bold move away from the failed policies of the Bush 43 administration. That would have been a real agenda for change.

Since the Democrats did not do so, they failed on a second strategic level: they failed to impose the terms of the policy debate and ceded that space to the Fox and talkback-led conservative opposition. Since the latter had little to offer other than invective, this allowed them to turn to the usual diversionary wedge issues in order to gain political traction: ethnic conflict, cultural mores, “socialism,” and taxation. Whatever the administration’s accomplishments (and there have been a number, including nuclear arms reductions with the Russians and the gradual military exit from Iraq), these have been lost amid the din of conservative outrage about sins more imaginary than real.

Thus the Democrats found themselves on the defensive even as they tabled their policy agenda. Since those who dictate the terms of debate are those who win the debate, that meant that they were fighting a losing battle from the get-go.

They compounded these strategic errors at a tactical level. President Obama granted leadership of the legislative agenda to his Congressional counterparts. That was a mistake. The November 2008 elections were about him, not the Congressional leadership. The Democratic take-over of both Congressional majorities was more a result of coat-tailing on the President’s popularity than on the intrinsic merits of Democratic candidates themselves. Obama had a mandate, and he had the political capital surplus to spend; Congress did not, and in fact remained one of the country’s most detested institutions even after his election. Thus, by delegating leadership on the legislative agenda to the likes of Pelosi and Reid (which he likely did in deference to his former senior colleagues), President Obama ceded his bully pulpit to the circus on the Hill. That gave the impression that he was weak and insecure, which in turn gave the Republicans space to go on the attack against “entrenched interests” and all the other failures of the DC-based “liberal elite.”

The tactical error was compounded by the choice of battles to commence with. Instead of focusing on mortgage relief and rescue for desperate homeowners, serious financial market reform, education opportunity enhancement, immigration policy adjustment and re-orientation of US military commitments abroad (among any number of policy areas), the President and Congress chose to address health care first. Although it is obviously needed given the deficiencies of the US private health care system, it was simply too contentious and big a problem to tackle at the onset given the image of Presidential lack of experience and his conciliatory nature. Democratic strategists may have believed that they had to spend the President’s political capital early so as to ensure its passage, but in fact taking that policy issue as the first order of business under Congressional leadership direction hamstrung the Democrats even if they succeeded in passing a watered-down version of health care reform that provides some level of universal benefit to all citizens.

Put another way: the last thing the American public wanted to hear at a time of deep recession and after the financial bail-outs of the banking and automobile industries was that more public money would be spent of health care and that future taxes would reflect that increased level of deficit spending. Compared to the billion dollar figures being bandied about with regard to health care reform, Obama’s “middle class tax cut” (for those earning US$250,000 or less) and tax rebate (amounting to $500 per household) were seen as negligible drops in the bucket and meaningless political sop thrown for opportunistic purposes. For those who had spent a lifetime of paying for private insurance, it also seemed be a case of the indolent, irresponsible and unmotivated being gifted, at taxpayer expense, benefits that they did not deserve. Once the Republican-conservative spin machine got a hold of the issue, the spectre of “socialised” medicine replete with “death panels,” lack of individual choice, limits on care, endless delays and assorted other deficiencies soon dominated public discourse regardless of Democrat attempts to clarify the issue.

The combination of these four factors–failure to head to the Left and carve out a distinct position, ceding the terms of political debate to the opposition, allowing Congress to set the legislative agenda and choosing to reform health care as the first priority–set the stage for the political train wreck that is the Democrat’s midterm election campaign. To that can be added a failure to realise early that Republican operatives are using the Tea Party movement as a Trojan Horse with which to re-gain political momentum and a return to power. Similarly, the White House chose to ignore rather than frontally confront the “Kenyan-Muslim-Socialist”  allegations until they were well entrenched in the public consciousness–a full twenty percent of the US electorate now believe that the President is one, the other, or all three. It is too late to bolt the door against such attacks.

Some argue that the Democrats are playing to lose because the inevitable gridlock that will follow from Tuesday’s vote will allow the President to paint the Republicans as do-nothing obstructionists without a real agenda for solving national problems. That could be true if the Republicans do not win the Senate as well as the House, but if they win both branches then they will have the ability to impose a legislative agenda that among other things will repeal the health care reforms and other aspects of the Democrat’s agenda that have been accomplished so far. That puts the ball in the President’s court because it forces him to exercise his veto in order to salvage his original program, which in turn casts him as the obstructionist during the two years leading into the 2012 presidential election.

The bottom line is that although the Republican-conservative opposition play extremely dirty, the Democrats have no one but themselves to blame for this impending election fiasco. If Clausewitz is correct in his assertion that war is politics by other means, than the reverse is equally true: politics is war by other means. The goal is to win, pure and simple, and that means that if the opponent is going to play dirty then the governing party must understand what it is up against and counter it decisively without equivocating about the niceties involved. Rather than understand this very simple logic, the Democrats returned to form, tried to play nicely to the center, tried to respect the separation of powers mythos that is ingrained in US political folklore, tried to be civil in the face of a disloyal opposition and tried to embark on big policy reforms before the the President and his new Congressional counterparts had fully moved into their offices. For their efforts they are going to get hammered on Tuesday.

Drawing Blood from a Stone.

datePosted on 19:59, October 8th, 2010 by Pablo

The government’s decision to file a civil suit against the “Waihopai 3” is vindictive and a gross waste of taxpayer dollars. Much like the Zaoui case, which could have been concluded years before it actually did at far less cost than the amount on the final bill, this is a classic example of a vexatious state litigation. Vexatious state litigation, to coin a phrase, is an instance when the state (exemplified here by the Crown) continues prosecutions, appeals or defenses long after legal defeat is obvious and, as in the case here, judicially administered. Even so, there are a few aspects of the case worth reviewing.

As I mentioned in an earlier post titled “Political Idealism Trumps the Law,” the Waihopai 3 expertly exploited the claim of right defense to defend their direct action against the eavesdropping station. Contrary to most direct action proponents, they did not admit their crimes and accept their due punishment, but instead used the claim of right defense to argue their innocence based on moral grounds. Among other things that defense states that even if mistaken in their motives, people who honestly believe that their acts will prevent a greater harm are exonerated of responsibility for the consequences of those acts. Thus, although I (and presumably the government) believe that they are mistaken in claiming that the Echelon station at Waihopai facilitates torture, war crimes, crimes against humanity and human rights violations, the important point is that Peter Murnane, Adrian Leason and Sam Land were found by a jury of their peers to be innocent because they sincerely believed that their actions were helping to prevent a greater harm. So long as the claim of right defense exists in the law and juries are willing to accept that defense as legitimate, then the verdict should stand and, in the absence of irregularities in the administration of the case, no appeals or civil lawsuits filed. In other words, that should be the end of the story.

If the government does not like the claim of right clause in the law, it can work to change it. But suing for civil damages to the tune of 1.2 million dollars, including the cost of pies, beer and savories for repair workers, smacks of imperial hubris. Moreover, the claim is unrecoverable even if the Crown were to win the lawsuit. Father Peter has no tangible assets, and since neither the Dominican Order or the Catholic Church were party to his actions, they cannot be made parties to the suit. As for Land and Leason, what is the Crown going to do–confiscate Land’s organic farm and repossess Leason’s house while garnishing his salary, thereby throwing their families onto the street (and dole)? Even if it did so, the amount recovered from the sale of the assets of all three men would not come close to paying the full bill. So what is the point if the full costs are not anywhere close to recoverable?

The Crown also has not thought through the consequences of its lawsuit. The GCSB refused to front up at the original trial in order to refute the defendant’s allegations. That pretty much left their claims uncontested, which was instrumental in the jury’s verdict. Is the GCSB now going to show up at a civil trial and be prepared to re-litigate the original claims under the claim of right defense? If not, then there is no case for damages because a verdict of innocence under the right of defense absolves defendants of financial liability stemming from their acts. To put it bluntly: a verdict of innocence under the claim of right defense means full absolution from liability. That is why the right of defense is such a dramatic line to take and so difficult to argue successfully, which is why most direct action militants do not even bother with it and opt to plead guilty and ask for judicial mercy citing mitigating factors. But in this case the right of defense was made and it prevailed. Unless the GCSB wants to testify as to the merits of the claim of right defense as well as to the extent of the damages incurred (which I believe have been exaggerated) then there is no case to be made. If there is no case to be made, the pursuing the lawsuit is a waste of time and public money.

If the government allows this civil suit to continue it will be another example of politicians and state bureaucrats playing loose with taxpayer money in order to prove a vengeful point regardless of the merits of the case. The suit is clearly designed to be a warning to others who would dare to use the claim of right defense for direct actions, and therefore not only a form of vexatious state litigation but also an act of official intimidation against those who would dare speak (their) truth to power. For a supposed liberal democracy, that is a bad look.

In the debates about the proposed labour law reforms there appears to be fundamental misunderstanding or ignorance by National and ACT of the purpose of unions in capitalism. The latter are seen by NACT as at best a source of inefficiency and profit loss; at worst parasitic wealth destroyers. They appear to misunderstand that capitalism left to its own devices, with no collective counter-weight provided to workers, is akin to a political regime without opposition parties. That is, it is inherently an authoritarian status quo in which owners rule and workers obey. Thus, if we hold it self-evident that democracy is a better form of regime than dictatorship precisely because it allows for the existence of a freely organised competitive political opposition that can contest power and times compete for it, then we must also recognise that capitalism needs unions in order to be representative and fair to the society at large. The trade off between democracy and capitalism is exactly that: a diminished rate of exploitation in direct proportion to the measure of voice exercised by workers in pursuit of a fair share for all.

That is why unions were organised in the first place: to bring a subordinate group vehicle of voice and redress to the economic system. Whatever their very evident flaws (Leninist organisation, iron law of oligarchy bureaucratic rationales), unions provide a democratic counter-weight to unfettered capitalist exploitation. Just as it is preferable not to have a closed, unaccountable (or at least vertically unaccountable) oligarchical elite run the affairs of state, so too is it undesirable, from a democratic perspective, to have a closed, vertically unaccountable economic elite determine the social relations of production. If one believes in democratic capitalism, one must believe in a central partnership role for unions within it.

This is true whether labour-based or capitalist-oriented parties are in power, since in capitalist societies the material welfare of all is dependent on the investment decisions of capitalists. But capitalists need workers to realise their investment, and workers need to be productive for profits to occur. There is consequently a structural bias in favour of providing the working conditions and larger social context in which profitable production can occur over the long term. For that to happen workers need to accept the system as given, which is a function of them perceiving a partnership stake in it. That means a modicum of voice and representation. Democratic capitalists consequently understand the need to exchange super-exploitation and authoritarian control of the workplace for increased working class representation in both politics and production. In turn workers (and their political representatives) accept the capitalist foundations of society and the dominant role of capitalists within it (in other words, they forego a move towards socialism). This exchange is at the heart of democratic capitalism. Although negotiating the margins of the democratic capitalist social contract can occur depending on the nature of the government in power, “touching the essential” aspects of it is not.

Authoritarian capitalism offers many short term advantages to business, but it does not guarantee long term gains. Unmitigated authoritarian exploitation, be it in the workplace, politics or both, breeds resentment. Born of a lack of consent to the dominant system, resentment can be manifest in everything from petty acts of social defiance to industrial sabotage to revolution. Short term acquiescence may be bought with material rewards, but the long-term picture remains clouded so long as workers do not buy in to the system as given and instead resent their subordinate status in it. Absent mass consent and given the inevitability of working class resentment, the resort to the “weapons of the weak” negatively impinges on profit, if for no other reason then that the costs of repression grow larger the longer authoritarian control is maintained. After all, you cannot repress the same amount of people in the same measure over time.  Since capitalists abhor uncertainty and seek stable rates of secure return, a peaceful, consent based socio-economic and political order is preferable to an imposed one. That gives economic utility to democratic capitalism.

In fact, where democratic capitalist systems work best (hegemonically, as it were), many if not most workers strive to become capitalists themselves (small businesspersons, at a minimum). They see themselves on a continuum of upward mobility based on workplace fair play and merit. Socialism is not their preferred option. The proof is in the mythos: is this not the Kiwi, Ozzie and American dream?

Here is where NACTs reforms and the demands of the employer class says much about their true orientation. They claim belief in freedom of choice and the benefits of market competition as the great levelers of social ambition. If that were true, then they would welcome workers to freely organise without legal constraint or negative repercussion because true market competition and workers freedom of choice would improve overall economic (labour) market efficiency. After all, according to their own logic, the market works best when all have equality of opportunity, and it clears best when all actors enter into the market exchange exercising their full potential as free agents involved in the mutual supply and demand of goods and services. So if workers exercising their free choice want unions, then more the better from a market perspective. Why put constraints on that freedom?

Yet in practice NACT seeks to place constraints on working class collective choice and voice so as to better exercise owner/manager prerogatives in the workplace. They are, in other words, hypocrites who do not really believe in the power of the free market or closet authoritarians out of ignorance (unlikely) or by design. Or both. No amount of political spinning can disguise that fact.

What is more, NACT does not appear to comprehend, from a cynical perspective, that allowing for unionisation, including union workplace access, while reducing limitations on the right to strike and collectively bargain across economic sectors can actually serve very usefully as an alienation device in which workers are led to believe that they are real partners in production in a system in which the fruits (surplus value) of their labour are appropriated by others (in a variant of Lenin’s “democracy as capitalism’s best possible political shell” argument). Although unfettered collective action has the potential to open the door to worker challenges to control of production, the reality is that in democratic capitalism private ownership is reified from birth to grave and most workers live with the dream of being bourgeois in culture and consumption if not employment. So whether cynically or sincerely committed to workplace democracy, enlightened capitalists understand the long-term political utility of union representation in democratic society. NACT and its business supporters appear to be anything but enlightened.

As I mentioned in my previous post on the matter (“The Blues Go Black”), the proposed reforms owe their inspiration to the Pinochet Labour Code. The question is whether NACT have the same view of unions as Pinochet and “Pepe” Pinera did, and if so, why do they make any pretense as to being democratic? Could it be that what we are seeing in NZ is the first attempts to turn the economic bases of the democratic social contract into something akin to unchecked elite imposition under manipulated electoral conditions?

Countering threats as a growth industry.

datePosted on 18:15, July 23rd, 2010 by Pablo

News that the US has a network of over one thousand agencies employing more than 800,000 people involved in counter-terrorism efforts comes as no surprise. The post 9/11 reaction to the threat of armed Islamicist extremism by the US government was as visceral as it was knee-jerk, with a blanket call put out to increase every aspect of the country’s counter-terrorism capability. From intelligence gathering to emergency response and everything in between, counter-terrorism agencies proliferated from the local to the state to the federal level, as did the number of private firms engaged in direct counter-terrorism efforts as well as support roles.

But there are problems with this expansion, and it is not just the waste of resources associated with the duplication of functions and overlapping of roles that comes with it. Nor are the problems confined to the US. Let me list a few.

Around the world concerns about terrorism has seen the expansion of government security apparatuses dedicated to fighting it. Intelligence agencies, police forces and the military of virtually all Western states, to say nothing of those in the Sunni Arab world, Africa, Asia and the Antipodes, have increased the amount of resources directed towards countering potential terrorist threats (South America is the exception to the rule because traditional inter-state rivalries and the lack of Islamicist grievances in the region have led authorities to focus attention elsewhere). In New Zealand, for example, both the Combined Threat Assessment Group (an inter-agency combine that analyses intelligence flows and threat assessments from such as the SIS, Police, NZDF, MoD, Immigration, Customs and Foreign Affairs) and the Counter Terrorism Tactical Assault Group (CTTAG, a combined military and police specialist unit trained to respond to terrorist incidents) were created after 9/11. Similar agencies now litter the state security landscape throughout the world.

Along with the proliferation of agencies comes increases in their funding and personnel, and more perniciously, the scope of their responsibilities. Again, in New Zealand this is evident in the Terrorism Suppression Act (TSA), which is modeled on similar legislation in the UK and US and which gives broad powers to the government to infringe on basic civil liberties in its efforts to detect and stop suspected terrorism-related activities on NZ soil. The same goes for the Search and Surveillance bill now before parliament. In the US the so-called Patriot Act, which is still in force, grants US security agencies broad powers of arrest and detention on the mere suspicion of terrorism-linked behaviour. The expansion in both the number and legal authority of counter-terrorism agencies has been facilitated by politicians who, in an effort to not look weak on the issue of terrorism, approve budgetary increases and laws that fuel the growth of the counter-terrorism industry. In the post 9/11 rush to promote security, only a few brave politicians have attempted to resist the trampling of civil rights that the expansion of the security apparatus inevitably entails.

Besides the obvious problems that come with the “squeezing” of civil society by the security state (since the expansion of the state’s counter-terrorism powers come at the direct expense of the right to privacy and presumption of innocence), there is another downside that needs to be considered: the construction of threats in order to justify the existence of counter-terrorism networks. What is more, this phenomena extends beyond government security agencies and into private enterprise and academia.

In order to justify their existence, security agencies have to be able to identify and counter threats. In some countries the threats are real, as is the need to thwart them. But in much of the world the threat of terrorism is no more than it was in the 1990s, 1980s or 1970s. One such place is NZ. In these countries security agencies have a bureaucratic self-interest in identifying “threats,” because if there are no new threats then the rationale for their role and resource expansion goes out the window. Thus in 2005 the NZSIS identified “home grown jihadis” as the gravest security threat to NZ. A year later it dropped all reference to local Islamic extremists and highlighted foreign espionage networks operating on NZ soil. The following years have seen it highlight foreign-based computer hacking and industrial espionage as sources of concern. Each year appears to bring with it a new threat, even as the others are quietly dropped from annual reports.

Along with state security agencies conjuring up or exaggerating threats, so has an army of private security firms, including open source intelligence providers, security guard outfits and private military corporations sprung up to take advantage of the post 9/11 climate of fear. They bandwagon with state security agencies to emphasize the dangers of terrorism and other threats so as to nurture a client base for their services. The infamous Blackwater (now known as XE) private military corporation is an example of a “one-stop” private contractor that has its own intelligence, airborne, naval and ground units ready to serve both public and private clients for handsome fees (one of their latest ventures is in anti-piracy operations).  Thousands of other such firms now dot the global security landscape, all emphasizing the dangers of  the threat environment in the pursuit of profit. Not only does this industry work neatly with state security agencies’ agendas, but it further squeezes civil society in the measure that its surveillance capabilities and quasi-police powers increase as well.

Even academia is not immune from this trend. Over the last decade “counter-terrorism” centres have sprung up in dozens of universities world-wide. They receive their funding from governments, hold conferences, and churn out reports, books, even specialised journals that are dedicated to the subject (including “Perspectives on Terrorism” and “Terrorism and Political Violence,” although my favorite journal along these lines is “Small Wars and Insurgencies”). Here too the push is on to identify threats so as to justify continued funding. Places like Nanyang Technological University in Singapore, home of the S. Rajaratnam School of International Studies, have dozens of highly paid researchers working on counter-terrorism and threat analysis projects (including one analyst at RSIS who declared that NZ faced a domestic Islamicist threat without ever having been to the country). Since funding for its facilities and personnel is directly related to its threat analyses, NTU has a vested interest in helping ensure that the perception of the global and regional threat environments is that they are variegated and “dense.” NTU is certainly not alone in pursuing the counter-terrorism dollar–this is a world-wide trend.

And of course, there are the countless terrorism “experts” that have sprung up as analysts and talking heads in the corporate media. No matter how tenuous their qualifications for discussing issues of threat posed by terrorism and irregular warfare groups, these pundits materially benefit from the exposure afforded to them by the sound-bite crowd.

Which brings up the thought for the day. Threats to international and national security do exist and terrorism is real. But pragmatic threat assessment and better use of extant security agencies and criminal law to counter terrorism have been overwhelmed by the urge to manipulate the impression of threats for individual, corporate, bureaucratic or political gain. That in turn has seen a shrinking of the civic space and private sphere in inverse proportion to the expansion of integrated (private-public) national security networks.

When money combines with a climate of fear, impressions of threat can be manipulated (if  not invented) in order to pursue profit or bureaucratic power. Threat manipulation in pursuit of corporate self-interest and the expansion of state security apparatuses poses a serious risk to democratic society. In another life long before 9/11 I participated in actual threat assessment exercises for the US government. The ethos then was to call things as they were, objectively, so as to not allow political agendas or ideological bias to divert resources away from real dangers. Now that logic has been reversed: threat mitigation is seen as a potential source of income and power, with the more threats identified the more resources will be directed towards them by political elites and a fearful public. By that logic, counter-terrorism is the mother of all cash cows, and as NZ prepares to host the Rugby World Cup, we can assume that there will be plenty of interested parties working hard to milk it regardless of the real threat environment in which the tournament is held.

It must be my week for thinking about small states in personal terms. I only took an interest in the specific dynamics of small states when I moved to NZ, having previously written mostly about larger states (although I did write a bit on Cuba and Uruguay before moving to NZ). Living in NZ exposed me not only to the political dynamics of a small democracy, but the social dynamics as well. Things like the 2 degrees of separation that make putting distance on ex-partners very difficult. Things like the rapidity with which one’s personal life becomes the object of professional speculation, and how quickly rumors in one dimension transfer to the other. Things like blacklisting, sinecures and shoulder-tapping.

I write this more as an open question to readers. My question rests against the backdrop of NZ being proclaimed as the least corrupt country on earth by one polling outfit, and the general consensus that it is one of the more successful liberal democracies in existence. But if liberal democratic success is defined as the absence of corruption in and ascriptive rationales for social advancement, plus the universal presence of merit, equality and transparency in public and private upward mobility, can we really claim that NZ is a “success” on those terms?

I may stand corrected on this, but it strikes me that for a democracy NZ has an unusually high incidence of shoulder-tapping and sinecure-mongering. Shoulder-tapping is the practice of rigging a competition by pre-selecting the favorite candidate or outcome, then going through the motions of a transparent and equitable process so as to disguise the pre-determined choice. As an example, consider this from NZ academia. A well-known academic with international credentials is encouraged by the Director of a university research centre to apply for a newly opened position. The invitation is accepted, letters, resume and referee names forwarded, only to have the application rejected within weeks. When asked for the reasons why the application was rejected after the applicant was encouraged to apply, the Director stated that internal competition for the position was fierce and better candidates emerged. Months later it is revealed that weeks before the “search” began for a candidate, an academic at another NZ institution with ties to the Director was approached for the job and eventually awarded it. The international candidate “search” in other words, was a cover for the selection of the shoulder-tapped individual.

In another instance drawn from academia, a search committee was formed to find suitable candidates for a specific disciplinary sub-field. Unbeknown to two of the committee members, the other three members, including the Chair, as well as the external faculty representative, were all co-authors of  a husband-and-wife candidate duo vying to be short-listed. Not surprisingly the duo were listed as the best candidates out of ten finalists by their four co-authors. No conflict of interest is declared. When one of the other committee members discovers the connection and complains to the Faculty Dean about the clear conflict of interest involved in the search process he is given a warning not to disparage the professional integrity of his colleagues. But his protestations continue. The search ends with a compromise candidate being selected, but in the next year the Chair resigns and joins the husband and wife team at a foreign university while the whistleblower winds up being (as it turns out unjustifiably) dismissed on another matter in which one of the committee members with a conflict of interest played a decisive role . The Lesson? Interfere with a shoulder-tapping exercise at your peril.

This are just two illustrations from one profession. I have been told of or have seen myself dozens of other cases–including in such places as my old surf lifesaving club–where the shoulder-tap, with or without a wink and a nod, is used as a means for advancement under the cover of ostensibly “fair” elections, tenders and searches. Sports associations, voluntary organisations, service societies, public bureaucracy, the education system, unions, the media, local councils, the legal profession, political parties, a wide swathe of private businesses and business interest aggregators, perhaps even the Police and Fire Services, hopefully not the military–is there any part of NZ society in which this is not part of the unwritten norms governing career and personal advancement? My question then is: am I wrong in seeing something amiss here? Am I exaggerating the extent to which this occurs?

Likewise goes for the issue of sinecures. A sinecure is a position offered to someone that entails little actual responsibility and is awarded not on merit but as a form of patronage or reward for services rendered. In NZ there appears, again to my uninformed mind, to be a lot of sinecurism in virtually every walk of life. Ex-politicians, ex-bureaucrats and ex-ministers get comfy senior positions in state entities and private boards regardless of their backgrounds or records in a given field. Individuals with much private wealth but little other distinction serve on boards, committees and trusts. There is an affirmative action sub-type in which persons from ethnic minorities are awarded well-paid “honorary” positions or those mentioned previously regardless of their qualifications. From local councils to national-level politics and enterprise, sinecurism seems to be endemic.

NZ is not alone when it comes to such practices, so my question is whether these are just more obvious in a small (democratic) state when compared to a  larger one, or is the practice itself more frequent in small democracies, NZ in particular? 

It needs to be noted that these practices are not equivalent to clientalism. Although shoulder-tapping and sinecurism are seemingly endemic in NZ and can be considered to be institutionalised, they are not recognised as such and in fact occur beneath the mantle of egalitarianism, transparency and merit. They are therefore informal, nepotistic institutional practices that operate under the cover of a rationalist meritocratic Weberian ideal. Clientalism, on the other hand, is a formal institutionalised practice whereby political or personal networking lines combine with merit-based criteria into channels of upward mobility. Such is the case in the small state in which I live, where political allegiance to the dominant party is a requirement, along with professional competence, for career advancement in both the public bureaucracy as well as in state enterprises. In the private sector personal networks outweigh political ones in the clientalist scheme, but here too there is an overlap between the personal and political.

What is different is that in clientalist systems patronage is based on the combination of relative merit and political or personal connections. In the sinecure and shoulder-tap system patronage has little or no relationship to relative merit–it is in fact a non-meritocratic form of favourtism based upon ascriptive rationales of social advancement and mutual entitlement.

As I said before, I could be all wrong about this and am merely extrapolating widely from my own personal observations and experience. Nor would any of this matter if NZ were not a liberal democracy supposedly committed to fair play, social justice and equal opportunity. But since it is, and because Kiwis tend to think of themselves as being better on these dimensions than most other democracies, then my questions about the role shoulder-tapping and sinecures play in NZ society are worth consideration.

I shall leave for another post the prevalence of professional blacklisting in NZ, but suffice to say that I have some experience with it.

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