Category Archives: governance

Better to pause than to rush.

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The Parliamentary Select Committee hearings on the Bills to amend the 2003 GCSB Act and 2004 Telecommunications (Interception Capability and Security) Act have begun this week. There is much interest in the hearings not only because of the content of the Bills under consideration, but also because they are open to the public. The cast of characters scheduled to present is as colorful as it is deep: Kim Dotcom, the CTU, the Law Society, Internet NZ and several telecommunications firms are among those representing.

Even so, some of the public discussion surrounding the proposed reforms has been stunningly stupid. In recent weeks the Herald featured two editorials supporting the proposed changes. The first claimed that the changes would help prevent a Boston Bombing scenario (a claim that the Prime Minister has parroted; Winston Peters prefers to use the train station bombing hypothetical). That ignores the fact that US intelligence agencies could not do so even with their massive meta data-mining schemes and a tip from Russian authorities. Nor could they prevent the Fort Hood massacre even though the perpetrator was in regular email contact with an al-Qaeda leader in Yemen prior to the shooting.

Worse yet, the Prime Minister and others such as this editorial writer make it seem as if counter-terrorism is the primary function of intelligence operations. It is not. Traditional inter-state espionage, no matter what the technologies used, remain the major part of intelligence work. The counter-terrorism angle provides a convenient fig leaf for the expansion of intelligence networks and the scope of their authority, but in reality occupies a relatively small amount of intelligence resources and attention. This is particularly true for countries that are not on the front lines of the so-called “war on terrorism.”

The second editorial, by a supposed former intelligence officer, claimed that those who oppose the Bill are scaremongers and uninformed, even though the Law Society, Internet NZ and several other professional groups have registered their opposition on legal as well as technical grounds. The author also asserted that because civil servants drafted the proposed changes, we should accept them in good faith. Yeah right.

I beg to differ. There is clearly a need to “tidy up” the legal framework governing GCSB activities on home soil because under the current Act the role of the GCSB in domestic espionage is murky. But civil libertarians and privacy rights activists have legitimate reason to oppose the GCSB Bill in its present form.

The Bill expands the terms and conditions under which the GCSB can engage in domestic espionage, including reasons that have nothing to do with national security and for agencies unrelated to it. Those responsible for issuing the warrants under which the GCSB would “assist” domestic agencies would be those who currently do so, in a cross-signed fashion in the case of spying on New Zealand citizens and residents. If the targeted entity falls under the foreign intelligence collection mandate of the GCSB (which targets “foreign entities,” in New Zealand, including private firms as well as diplomatic missions), warrantless intercepts can be authorized even if they extend to New Zealanders.

In light of past excesses and mistakes it is evident that leaving warrant issuance to the Prime Minister and a retired judge (the Commissioner for Security Warrants) is pure folly even when done in combination. These are the individuals who were on watch during the Dotcom raid and, in the case of the Prime Minister, claimed ignorance after the fact as to how and why the GCSB became unlawfully involved in it.

The definition of threat to national security under which the GCSB would act is too nebulous and broad to prevent mission creep into common law enforcement and encroachments on individual and group privacy. For example, under the proposed legislation the GCSB could assist the Department of Primary Industries to spy on environmental activists on behalf of fishing, logging or mining interests if their protests were deemed injurious to the economic well-being of the nation, which can be construed as a threat to national security under current definition of the term.

The oversight mechanisms proposed by the Kitteridge Report are a veneer on what currently exists. Even if bolstered by a Deputy and some additional clerical staff and funding, the Inspector General of Intelligence and Security is simply too dependent and too powerless to effectively serve as the overseer of the New Zealand intelligence community. Absent effective independent oversight such as that which could come by making the Inspector General’s office a Department of Parliament responsible to a Parliamentary Committee with powers of compulsion under oath, the room for unaccountable manipulation of intelligence flows and analysis remains great.

The Telecommunications (Interception Capability and Security) BIll that accompanies the GCSB Bill is more draconian than similar legislation under the US Patriot Act. It compels telecommunications companies to provide access to their source and encryption codes (that is, provide warrantless access before the fact to private accounts when no threats are evident). It authorizes GCSB espionage operations without the consent of affected private entities as part of its “information assurance and cyber assurance” function, which is designed to safeguard a broadly defined information infrastructure consisting all forms of telecommunications emissions, systems and networks. In other words, one way or another the GCSB would have the ability to surreptitiously monitor all New Zealand based telecommunications regardless of whether or not they involved clear threats to national security.

Since New Zealand is not a major target of inter-state cyber espionage or in the so-called war on terrorism, that is an overreach. India, Brazil, Italy, Spain, Canada, Germany and many other democracies who arguably are much more at risk for espionage and terrorism do not have such legislation. In most the separation of foreign and domestic espionage is made quite clear in law, with the latter carried out mostly by the Police, national gendarmes or local investigative agencies with help from foreign-focused intelligence agencies only in the most exceptional circumstances (even then, agencies like Interpol exist as the first line of recourse used to facilitate international crime investigations).

What is the problem in requesting voluntary telecommunications company cooperation with national security investigations, particularly when they are clearly focused on clear and present threats? What telecommunications provider would refuse such a request, especially if issued under warrant specifying the reasons? If such a system works for the countries mentioned above, why can it not work here?

The official presumption in the T(ICS) bill that telecommunications firms need to be compelled rather than be allowed to voluntarily cooperate with intelligence agencies on matters of national security says more about the disposition of the government than it does about that of the firms involved.

By expanding the GCSB’s domestic “assistance” role in two capacities (information assurance and cyber security to public and private entities as well as technical assistance to sister agencies), the proposed changes run the risk of deviating it from its main foreign signals intelligence and counter-cyber espionage efforts. It will add a further burden to it’s already stretched staff of analysts, engineers, linguists and cryptographers. Since increased funding and recruitment are circumscribed by the present climate of fiscal austerity, it does not appear likely that resources for the GCSB will be increased commiserate with the increase in its domestic assistance authority.

Interestingly, the GCSB and T(ICS) Bills were proposed soon after issuance of the Kitteridge Report on the GCSB, which was driven by the unlawful electronic monitoring of Kim Dotcom and associates by that agency. Given the level of detail in the Bills, that suggests that they were drafted before Ms. Kitteridge’s findings and recommendations were finalized. This contradicts the government’s claim that the Bills came in response to the findings of that report.

In a world in which threats are increasingly “intermestic” or “glocal” in nature and in which the boundary between national law enforcement and international security is increasingly blurred, there is reason to adjust the legislative apparatus governing the role, scope and functions of the New Zealand intelligence community, including its international commitments. At present the GCSB and sister agencies appear rudderless, unsure of who and what purpose they serve, much less how they should prioritize their essential responsibilities.

This is why a full inquiry into the New Zealand intelligence community is needed before any reforms are made to its legal architecture, especially given that the last review of New Zealand intelligence operations occurred in the 1970s.

The inquiry could well start with exploring what New Zealand’s threat environment consists of now and in the near to medium future, including proximate and distant threats of a physical (environmental and epidemiological), economic, military, diplomatic and criminal nature. It could then turn to outlining the specific meaning of “national security” in light of these threats (with the balance between minimalist and expansive definitions of national security needing to be debated and precisely defined).

It might consider how current policy decisions or orientations can set the stage for the emergence or facilitation of future threats (such as by trying to play off trade and security relations with competing great powers as a form of hedging or strategic balancing act). Having done that, it could proceed to review the way in which the intelligence community operates so as to offer prescriptions for its better tailoring to the threat environment extant and foreseeable.

Much has happened since the last intelligence review, both in terms of the nature of national security threats as well as the technologies they employ and those used to counter them. It is therefore prudent to pause and review how New Zealand intelligence operations are conducted rather than rush to pass legislation that retroactively exculpates past unlawful behavior by the GCSB while expanding the reach of those who authorized it.

 

A short version of this essay appeared in the New Zealand Herald on July 2, 2013 under the title “GCSB bill going too far too fast.”

Improving intelligence oversight.

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Now that the Kitteridge and Neazor reports have been tabled, discussion can more fully proceed to the issue of intelligence oversight. The government has proposed bolstering resources for the Inspector General of Intelligence, and adding a Deputy Inspector General to what until now has been a one man shop. That is a step in the right direction, but it falls very short of the mark when it comes to robust, independent intelligence oversight mechanisms. Here I outline one way of achieving them.

Currently the IG is dependent on the NZSIS and GCSB for resources and cooperation and answers to the Prime Minister. That puts him at the interface between politics and operational matters in a chain of responsibility, which reduces his freedom of action.

The IG’s office should be strengthened in terms of staff and moved to become an agency of parliamentary services. It will answer to the Parliamentary Committee on Security and Intelligence, although its staff and funding source will be independent of the Committee. The Committee will have powers of compulsion under oath that allow it to force intelligence managers to release operational details or classified information to it upon request. It would meet at least once a month and receive scheduled classified briefs from the directors of the SIS and GCSB as well as senior managers in the DPMC handling intelligence flows. At any time the Committee would be able to order the appearance in special session of officials from the Police, Customs, Immigration, Treasury and other agencies that employ intelligence collection and analysis services.

All of this would require that the staff of the committee as well as that of the IG have security clearances akin to those of personnel employed by the agencies being overseen. That will require background checks and security vetting of staff. Members of the Committee would be required to sign secrecy oaths under penalty of law.

The transition from the current ineffectual oversight mechanisms to something more effective will take time and money. It will therefore be resisted not only by the agencies being overseen (who naturally will be discomfited by increased scrutiny from agencies unattached to the Prime Minister). It will also be opposed by political sectors focused on cost-cutting, quick results, or maintaining the current system because of the weight of institutional legacies and/or advantages it gives governments when it comes to the interpretation and implementation of intelligence priorities. But it is certainly worth doing.

The time is opportune for change. The sequels to the Dotcom case have exposed serious problems in the political management of intelligence issues as well as deficiencies in the conduct of intelligence operations. The government has proposed significant changes to the 2003 GCSB Act, particularly section 14, that will have the effect of strengthening the GCSB’s powers of internal (domestic) surveillance at the behest of other agencies–foreign and domestic. The justification for this rests on the increasingly transnationalized nature of security threats, whereby the intersection of local and international crime, foreign corporate and political espionage, irregular warfare networks and non-state actors makes much more difficult precise definition of what constitutes a domestic as opposed to foreign intelligence concern. These are grey area phenomena, and the response cannot be given in black and white.

I agree that the security threat environment has changed and is much more “glocal” or “intermestic.” I agree that it requires statutory revision in order to better account for the changing nature of intelligence operations under such conditions. What I am proposing here is a parallel revamp of oversight mechanisms that promote more independence, transparency, accountability and compliance at a time when the scope of intelligence agency authority is being redefined and expanded well beyond traditional espionage operations.

The issue is worth debating and therefore should be the subject of a larger inquiry such as proposed by Labour and the Greens. If nothing else the Kitteridge and Neazor reports can be used as the starting point for a more thorough discussion of the role, functions and purview of NZ intelligence agencies given the changed nature of the threat environment and the equally compelling need to maintain  a better measure of democratic accountability than has heretofore been seen.

 

Happy for Gilmore

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National has to be delighted about the coverage of their drunken bully boy last on the list MP, Aaron Gilmore. Coalition partner John Banks is in court on issues of political corruption. National is trying to ram through under urgency a gross expansion of domestic espionage courtesy of the amendments to the GCSB Act. What does the media focus on? Not-so-happy Gilmore. If I were the PM, I would milk the Gilmore story for all its worth, always looking chagrined.

There are very serious issues being discussed this week. US Attorney General Eric Holder is currently in the country. This is the person who authorized the FBI extradition pursuit of Kim Dotcom that resulted in the over the top raid on Dotcom’s home and subsequent legal debacle that is the case against him and which resulted in the Kitteridge report that recommended the organizational and legal changes now being proposed. As I allude to in the immediately previous post, the findings of a military inquiry about major failures in command and training in Afghan deployments have been released but not made public (huh?). The Green/Labour attempt to disrupt asset sales could be a watershed political moment.

Yet all of these take a back seat to the habitual escapades of a dolt working hard at being a lout.

Note to the media: although the salacious details of an inconsequential politician’s idiocy might seem worth mining, especially if it seems that he could wound the government, the real stories are dead and centre in front of you. Smelling shallow blood in the water is not akin to developing real critiques of the way power is exercised.

Note to the PM and the media that take his ignorance or obfuscation at face value: the problem of Gilmore’s unwillingness to resign stems not from MMP but from political party charters regarding their lists in an MMP environment. The two things are quite different.

Contrary to what the government would hope and TVNZ would like to believe, Seven Sharp is an idiot echo chamber, not a news aggregator, and therefore should not be used as a model for selecting which stories deserve emphasis.

Time to get off of the shellacked curly-cued imp and onto the issues that actually matter.

Trust in spies.

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A recent TVNZ Colmar Brunton poll showed that 32 percent of those surveyed had little or no trust in New Zealand’s intelligence agencies, 32 percent had much or complete trust in those agencies, and 33 percent were lukewarm either way (with 3 percent undecided). That means that 65 percent of respondents were less than strongly trusting of New Zealand’s spies. This is a remarkable degree of public skepticism of intelligence organizations in a democracy.

The Prime Minister has said that the New Zealand intelligence community has to work hard to regain public trust. He is wrong, or is just being politically polite.

Unlike agencies such as the Land Transport Authority, Police, Fire Service, Health Boards, WINZ and Education, which provide direct goods and services to the public and which depend on public trust in order to operate efficiently (notwithstanding the well-known problems afflicting at least some of these “direct provision” agencies), the intelligence community need not concern itself with expressions of public trust. That is because the service that intelligence agencies provide as ostensibly commonweal organizations (i.e. ones that serve the universal public interest), although for the general good in the last instance (at least theoretically), is not provided directly or even openly. Instead, the intelligence agencies answer to the government of the day as the representative of the public will and provide their collection and analysis skills to the government for the national good as defined by their charter and the government’s interpretation of it.  They do not need the public’s trust in order to operate efficiently because most of what they do is away from the public eye.

Thus, in the first instance, the trust of the government is what matters for the spies. In this the intelligence community has an advantage because politicians elected into government are generally not conversant with intelligence matters and therefore are susceptible to espionage agency “capture:” the information that the spies provide gives the political elite a privileged window on the world, so they are most often reluctant to critically dispute the view.

More importantly, New Zealand’s intelligence sharing partners must have strong levels of trust in its spies. Without that, New Zealand’s access to allied intelligence sharing may suffer because foreign partners will be reluctant to risk placing sensitive information in the hands of untrustworthy people. The saving grace for New Zealand’s spies is that the years of relationship-building with its intelligence partners could allay the latter’s fears of incompetence or unprofessionalism on the part of the former.

On the other hand, even long standing relationships can be damaged by breaches of trust. This could well be the case in the wake of the Dotcom scandal, where the case against the internet magnate is crumbling in light of disclosures of illegal warrantless wiretapping by the GCSB (which makes evidence collected by those wiretaps inadmissible). Between the GCSB’s failures to follow its own basic protocols with regards to eavesdropping requests from sister agencies, coupled with the over the top nature of the raids on Dotcom’s residence (which included the presence of armed FBI agents and the detention of women and children by armed police), it is unlikely that any NZ judge will grant the US extradition request. That means time and resources spent by the US and NZ on pursuing the case against Dotcom will be for naught.  The GCSB failings are bound to be noted by New Zealand’s intelligence partners, who will wonder about the assurances given by the GCSB and Police (and more than likely the SIS) that their course of action would not be subject to legal challenge or public scrutiny.

The bottom line is one of vertical and horizontal accountability. In democracies, governments are held accountable by the electorate (expressed both individually and collectively). That is the vertical dimension of accountability. Under that government, public agencies are accountable to each other via a system of checks and balances. That is the horizontal dimension of democratic accountability, which is used to cultivate the public trust that is key to vertical accountability.

In New Zealand there is very little horizontal accountability between the intelligence community and other parts of government, to include parliament and the judiciary (and perhaps even the executive in specific instances). This makes its agents (to include the GCSB and SIS) even less vertically accountable than in most liberal democracies, where oversight, compliance and accountability mechanisms are much better developed.

As a nation-state New Zealand is also accountable to its diplomatic and security partners. That is another facet of horizontal accountability, writ large. New Zealand’s foreign partners must have trust in its diplomatic, military and espionage agencies in order for their mutual relationships to prosper. So long as they do, domestic trust is of secondary importance. But for that to happen, New Zealand’s intelligence community must be able to deliver on what it promises, which means that it must offer iron-clad guarantees that its activities will not be the subject of contentious public or political debate that can jeopardize ongoing intelligence collection and analysis operations

Thus, on the one hand, the poll results are not as worrisome for the government as may appear at first glance. So long as the New Zealand intelligence community and its component parts have the trust of its allies, then it will suffer no harm as a result of the public loss of faith in it. But should foreign partners come anywhere close to exhibiting the flat bell curve of trust that characterizes the results of the TVNZ survey, then New Zealand could well find itself excluded from at least some of the sensitive intelligence flows that are the ostensible reason for its participation in the Echelon/Five Eyes network, to say nothing of the wider intelligence community of which it is part.

As for the domestic side of the equation: a nation of sheep is led by the sheep dog.  The sheep dog is the government, of which intelligence agencies are part. The shepherd is the institutional system of checks and balances that govern intelligence gathering and analysis, to which the government of the moment is subject. Absent such effective oversight, compliance and accountability mechanisms, sheep are always at the mercy of an unrestrained and unaccountable dog.

 

Media Link: More GCSB weirdness.

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I was interviewed on Radio NZ about the controversy surrounding the appointment of Ian Fletcher as GCSB director. I had to leave out a number of important points like the need for objectivity and political neutrality in intelligence operations, or how the PM could have had a surrogate reach out to Fletcher rather than get personally involved in his selection. Otherwise, the gist is here.

El Chavismo sin Chavez.

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I am sure that there will be plenty of eulogies, some fawning and some harsh, for Hugo Chavez. Since I spent a good part of my academic career writing about Latin American politics, to include the nature of national populists such as Chavez and a bit about his regime itself, I am well aware of his shortcomings and strengths. It is in the nature of national populism to be redistributive, mass mobilizational and increasingly authoritarian. As a left-wing variant, the Chavez regime was all of those things, and the fact that the US supported the 2002 coup against him only cemented the increasingly authoritarian direction of the regime. But his authoritarianism was mass rather than elite-based, and it was this mass support that carried him through three terms and four elections. He was no tin pot despot. His rule was a bit more complicated than that of, say, Robert Mugabe, who took a popular national independence movement and turned it into an armed clan-based kleptocracy.

The Achilles heel of national populism is the personalist nature of executive rule. Peron, Vargas, Cardenas and Chavez–all increasingly concentrated power in their own hands, thereby removing institutional checks and balances as well as clear lines of authority and succession. That could be the undoing of the Boliviarian experiment.

After the 2002 coup Chavez purged the military and civilian state bureaucracy of professionals and populated the upper ranks with acolytes. This decreased the efficiency and capabilities of state agencies, both armed and unarmed. He increasingly relied on Cubans for behind the scenes leadership of his internal security services, including his personal bodyguards. He played divide and conquer with his parliamentary counterparts at the same time that he re-jigged the constitution to increase the length of his presidential terms as well as the electoral prospects of his political party. He populated the judiciary with supporters and increasingly restricted freedoms of public expression and the press. He trained and armed supporter militias organized along the lines of the Cuban Auto-Defense Committees. Some of these have been accused of intimidating and assaulting members of the political opposition.

He used inclusionary state corporatist mechanisms of interest group administration that bestowed favor and patronage on supportive groups and excluded or punished non-supportive groups (which thereby polarized civil society organizations). This allowed for top-down direction of the thrust of state policy and funding directed at civil society, but it also gradually surpressed independent and autonomous expressions of grassroots interest.

All of this was justified on the grounds that he faced a disloyal opposition aided and abetted by hostile foreign powers, the US in particular. Although there is an element of paranoia in those claims, there is also a large grain of truth to them. The hard fact is that just the appearance of socialist inclinations on Chavez’s part sent the US into knee-jerk opposition, something that was particularly acute under the Bush 43 administration and was not undone once Obama was elected.

Chavez did much good for Venezuela, particularly in the fields of health, education, welfare and community organization. During his time in power infant mortality rates dropped and literacy rates increased dramatically. The percentage of Venezuelans living in poverty dropped from 50 percent to below 30 percent in ten years. Rural hospitals and schools were built where there previously were none. His regime kept the price of domestic petrol cheap (as it could as a major oil-producing and refining nation), which allowed the poorest segments of the population to weather rises in the price of imported commodities.

In spite of the claims of his detractors, he won four elections handily and relatively cleanly in the eyes of most international election observers. His tenure marks a major historical moment in Venezuelan life, and his legacy will be indelible on it. Whatever his authoritarian tendencies, he was no Pinochet or Somoza. Although his regime selectively repressed the opposition, it did not systematically torture or kill. Nor did it expropriate all private wealth, although it did seek to raises upper-income taxes, nationalize some strategic assets and prevent capital flight via financial controls. Needless to say, this earned him the emnity of Venezuelan elites and their foreign supporters.

He was a close ally of the Cuban regime, but given the common hostility of the US, that was born as much out of necessity than it was out of ideological affinity (truth be told, Raul Castro always thought of Chavez as a buffoon but Fidel was flattered by his attention and both were grateful for his cheap oil supplies. The Cubans worried that he would provoke a confrontation with the US that would suck them in and destabilize them).

He expanded Venezuela’s diplomatic, economic and military relations (towards China, Russia and Iran in particular, but also with other Latin American states) so as to counter-balance the traditional US-focused obsequiousness of his predecessors. He was the motor force behind the solidarity market Latin American trade bloc known as the Boliviarian Alliance for the Americas (ALBA), which among other things rejected IMF and World Bank financial prescriptions. He had  significant Latin American popular and governmental support, which was mirrored in international media coverage.

He is alleged to have cultivated relations with Hezbollah and the Iranian Revolutionary Guard.

He presided over the deterioration of Venezuela’s core infrastructure, to include its oil production facilities (in which foreign investment dried up in response to his nationalization policies), as well as a dramatic rise in violent crime (Caracas has one of the highest murder rates in the world). He did not stop corruption but merely shifted it in favor of those who wear red berets. Venezuelan consumption of Scotch whisky, already the highest in the world when he assumed power in 1999, increased steadily from then on. He was unable to curb the Venezuelan obsession with female plastic surgery and beauty queens. So not all is well in the Boliviarian Republic. I shall leave it for others to debate the trade-offs involved and the pros and cons of his regime.

On balance, in the Latin American scheme of things Hugo Chavez was a relatively moderate caudillo (strongman) with a staunch independent and redistributive streak and majority popular support until the end.

The real problem at the moment is that his movement has no natural leader to succeed him. Moreover, he was the ideological glue of the regime: it was his vision, his praxis, the drew the course of events. With him gone the ideological basis of the regime is subject to interpretation by contending personalities and factions within the Boliviarian movement. His designated Vice President, Nicolas Maduro, has no independent power base, much less broad support within the Party. He has a serious rival in Diosdado Cabello, a former Army colleague of Chavez’s who is the head of the National Assembly. Cabello has support within the military, whereas Maudro’s support comes from within the union movement and public bureaucracy. Yet neither is visibly stronger than the other, so the backroom maneuvering and in-fighting has begun in earnest (and in fact began when Chavez returned to Cuba for surgery last December).

To this can be added the opposition, which rallied around the figure of Henrique Caprilles Radonski in the October 2012 elections that saw Chavez elected for the fourth time. A presidential election is supposed to be held 30 days  after the public announcement of Chavez’s death (March 5). Riding a wave of grief, unity and solidarity, Maduro is the favorite to win that election if he is a candidate. It will be interesting to see if Maduro can maintain his grip on power before or after the elections in the absence of support for his mandate, however electorally affirmed. One thing is certain: Maduro is no Chavez, and everyone knows that.

Caprilles might not run in the immediate elections so as to delegitimize them and allow the Boliviarian in-fighting to proceed unimpeded and without a common political enemy to focus on. Whatever happens over the short-term, the bigger question is whether the Boliviarian experiment can outlive its creator. Can there be Chavismo without Chavez? Given the dynamics at play within and without the Boliviarian regime, the odds are not entirely favorable.

For the time being we will be treated to the grand spectacle of a Venezuelan state funeral, where the streets will be awash in red and the dignitaries will include a who’s who of US adversaries and critics, Hollywood leftists and very few heads of state from the developed capitalist world. As for Chavez–will his afterlife smell of sulphur or of something more pleasant?

Maori Socialism versus Maori Capitalism?

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Woe be it for me to venture into the minefield of Maori politics on Waitangi Day. Yet the ructions around “Escortgate” at Te Tii Marae got me to thinking that perhaps there is more to the story than arguments within Ngapuhi and the inevitable displays of division that seem to mark the yearly event. At risk of stating the obvious, it is not just about different forms of identity politics.

Instead, what may be on display is the fundamental conflict between what might be called maori socialism and maori capitalism. By that I mean maori identity superimposed on a class base. Maori socialism is a view that is working class and lumpenproletarian in perspective, while Maori capitalism is propertied and bourgeois in orientation. The Hareweras and the Mana Party are a good examples of the former while the Maori Party and entities such as the so-called “Brown Table,” to say nothing of numerous trusts and boards, constitute examples of the latter. The conflict between them is not so much rooted in personalities, iwi and hapu (although there is clearly a strong element of that), but in fundamental differences in economic perspective and the proper approach to the Pakeha-dominated socio-economic and political status quo.

To be clear, I am not referring in this instance to pure forms of socialist or capitalist thought. Communal and egalitarian beliefs are as strongly represented in maori economics and society as are ownership and hierarchy. In the realm of Maori politics it seems that hybrid approaches rooted in one or the other ideological perspective have come to dominate political discourse. But the broad division between “Left” and “Right” seem fairly distinct.

The “militant” (although it is not truly that), “socialist” (although it is also not really that) approach is to largely reject the Pakeha rules of the game as given while working on what generously can be called a war of position strategy: raising consciousness amongst subaltern groups within whom lower class maori constitute the core around which issues of praxis are addressed. In this strategy alliances with Pakeha leftists are feasible because the ideological line vis a vis the common class enemy is roughly the same.

The “moderate” (phrased nicely) capitalist approach is one of pragmatic accommodation and incremental gains within the elite system as given. Alliance with Pakeha elites is possible given the division of potential spoils available in a system constructed by and for elites, but which increasingly has the potential to be colour and ethnicity-blind. Here the strategy is also one of a war of position, but in this case from within rather than from without.

Needless to say, there is some blurring between the two (e.g. Mana plays within the institutional rules of the political system and the Maori Party is not averse to relying on extra-institutional means of getting their point across). There are also significant agent-principal problems on both sides.

Even so, it seems that the main source of conflict within maoridom is grounded in class orientation and its corresponding strategic approach as much if not more than anything else. Put vulgarly in leftist terms, it is a conflict between the staunch and the sell-outs. Put bluntly in capitalist terms, it is a conflict between losers and realists.

From a practical standpoint, the underlying class differences are more difficult to resolve than other aspects of maori identity. It is in the Pakeha elite interest to keep things so.

Given my ignorance of Maori politics I could be wrong. I defer to Lew, Anita and more informed readers in any event. My intent is not to stir.  Instead, this post is written as an inquiry rather than a statement. Your views on the issue are therefore welcome.

Blog Link: A “Guarded” Democracy in Fiji.

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The rejection of the 2013 draft constitution by the Baimimarama regime in Fiji (a constitution drafted by a panel of international jurists and partially funded by New Zealand), has led to speculation as to whether the promised 2014 elections will be held. What has not been mentioned in press coverage of the constitutional crisis is an end-game that is neither dictatorial or democratic: elections leading to a “guarded” democracy. In this analysis I outline some reasons why the prospect of a guarded democracy in Fiji should be considered to be very real.

Familiarity becomes Contempt.

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Johns Key’s answers to the “mystery” of the US Air Force executive jet parked at Wellington during Hobbit mania gives us a good indication of his attitude towards the public and the press. Although the plane was misidentified several times by reporters as a private plane, it is in fact part of a fleet of US Air Force transport aircraft that are used regularly to fly high level politicians and bureaucrats to foreign meetings. The make, model, livery, insignia and identification number would have been readily recognizable to plane spotters, so Mr. Key was correct in saying that there was no secret to its visit. It was how he answered the question of who the visitors on the plane were that gives an indication of his current mindset.

His initial response is that he did not know who was on the plane or the purpose of its visit. He said he may have seen the name of a visitor on a piece of paper but could not recall it. As Minister of Intelligence and Security that would seem to be an odd thing to say, especially since it played (now apparently purposefully) on the “brain fade” impression he developed as a result of his forgetfulness about the Dotcom/GCSB illegal espionage case.

What is puzzling is that he could have said any number of things: that he did not discuss intelligence and security matters in principle; did not discuss “quiet” visits by foreign (US) officials as a matter of policy; did not discuss the visits of foreign intelligence officials; or that he could not confirm or deny the presence of any such on NZ soil. It would be the same if he refused to comment on military matters citing operational security (but where again, he obfuscates and prevaricates rather than just offer a straight answer or refusal to comment). He could have said any of these things and the story would have died.

Under a second day of questioning he admitted that the plane carried a high-ranking US intelligence official to meetings with NZ intelligence officials and that the meetings involved counterparts from other foreign intelligence agencies. He denied these were meetings of the Echelon/5 Eyes partners even while saying that they hold regular meetings in NZ, the latest in July or February (depending on which version of his recollection one chooses to believe).

This comes at a time when the 5 Eyes community have been rocked by a major spy scandal in Canada, where a naval intelligence officer sold highly sensitive tactical and strategic signals intelligence data to the Russians for five years before his arrest in early 2012 (which would require the adoption of a number of sanitizing and preventative counter-measures throughout the network). It comes after the obfuscations and weirdness surrounding the GCSB involvement in the Dotcom case (which may well have started before Dotcom arrived in NZ because the NSA–the lead agency in the Echelon network–was already monitoring Dotcom prior to his arrival and would have likely asked that the GCSB continue the surveillance after he crossed the border). It also comes at a time when Huwaei is under scrutiny by the Echelon partners for its possible involvement in Chinese signals intelligence collection efforts, which are focused on the West in general and 5 Eyes countries in particular.

Under the circumstances  a visit by senior 5 Eyes counterparts to discuss matters of common concern would not be unusual or untoward, if nothing else as an information-sharing exercise or so that they could get their ducks in a row on matters of institutional or public interest.

Thus the question begs as to why Mr. Key did not just refuse to comment citing matters of national security but instead opted to play dumb and incompetent, thereby heightening initial interest in the story?

My belief is that he has general contempt for the public’s intelligence on matters of foreign affairs and security, and that he believes the masses are not interested in the subject anyway. But his focused contempt is of the press or at least non-submissive members of it. His brain fade act is more than simply lying. It is the deliberate winding up of the press over matters that, while not inconsequential, are relatively routine or non-controversial but which he can successfully cover up so that press inquires are frustrated needlessly. In other words, he is taking the piss out of the media.

He has similar contempt for those who oppose or question his policies. He recently said that anti-TPP activists should be ignored (even though these include a large number of distinguished subject experts, academicians, politicians and former and current trade specialists). This adds to his list of those that should be ignored, including mining safety experts, environmental scientists, Maori rights activists and asset sales opponents.

The point is that as Minister of Intelligence and Security Mr. Key could respond to questions about  intelligence and security in an authoritative manner that does not compromise either while demonstrating his command of the portfolio. That he choose not to do so and instead pleads memory loss and disinterest in these two vital components of national security suggests that he is doing so either because he really is clueless and out of his depth on intelligence and security or, more likely to my mind, he is deliberately doing so just to wind up his “enemies” in the press while dismissing detractors in civil society against a larger backdrop of public disinterest.

He is also being contemptuous of those who serve under him in critical national security roles because his feigned ignorance leaves those leading intelligence and security agencies hanging out to dry in the event that something in their purview but under his ministerial watch goes sour. Truth be told, by the terms of his ministerial portfolio he is briefed regularly and exactly on all matters of intelligence and security. Either that, or the institutional edifice of security in NZ is praetorian, something that I doubt its security partners would accept, much less agree to.

If Mr. Key is not clueless on intelligence and security matters, then the “spy” plane response and his other actions show that along with being contemptuous of those who may seek to hold him to account, he is arrogant, irresponsible, disloyal, mean-spirited and vindictive as well. To which can be added one more trait that has emerged in Mr. Key as of late: callous narcissism.

When asked recently what he was the most sorry for over the last year, he answered that it was the failure to convince the public of the benefits of the mixed ownership model. He was not as sorry about the deaths of five NZDF troops in Afghanistan, or the needless deaths and continuing failure to retrieve the bodies of the Pike River miners, or the ongoing debacle that is the Christchurch reconstruction process, nor about the leaks of private information by government agencies or the unhappy disputes with Maori over treaty settlement issues (in fact, he made no mention of these). Instead, he most laments the failure of a pet economic project to gain public traction in 2012.

That may not be surprising, but it sure is contemptible.

 

Political Fratricide.

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In light of recent events involving the NZ Labour Party, it is worth pondering the phenomenon known as political fratricide and its sub-set, party fratricide.

Political fratricide is the tearing apart of a political movement or organization due to internecine differences amongst political allies or the ideologically kindred. It is fratricidal in that erstwhile brothers and sisters in political arms turn on each other over differences of ideas, strategy and tactics to the point that the movement can no longer sustain itself as a coherent political entity. The original movement is purged of dissenters by the dominant, and often increasingly authoritarian faction. Clear examples are provided by a myriad array of Left movements that fracture and split over ideological hair-splitting and matters of praxis. This weakens their broader appeal, segments them into marginal factions, and therefore diminishes their overall import in the political debates of the day. The more intense and acrimonious the political fratricide, the less likely a movement will recover its original shape and play an effective role in mainstream politics. In most instances that means permanent marginalization.

Party fratricide is a sub-set of this phenomenon. It is characterized by increasing cleavages, factionalization and fragmentation within political parties over any number of issues, including issues of leadership. Party fratricide results in the elimination or purging of losing factions. It is due to either of two reasons. One is irreconcilable differences within the Party on core beliefs. In this instance the very nature of the Party as a political entity becomes the subject of angry internal debate to the point that it can no longer function as a coherent whole. That forces splits and defections by discontented Party members that ultimately results in the formation of new Party off-shoots. As with the case of political movements, this dilutes the electoral strength of the original Party, which may or may not be replaced by one of its off-shoots as the preferred vehicle for the marshaling of a given political cause or belief system. Although the original Party may survive, its core belief structure will be modified by the defections and emergence of ideological competitors holding different conceptualizations of the original beliefs that once bound them together. That has the overall effect of diluting support for the belief system itself because the increased number of disputed interpretations resultant from the fratricidal process muddles popular interpretations of what the “pure” belief  really is.

The second cause of Party fratricide is an absence of core values. In this instance, which often is seen in “catch-all” parties that seek to appeal to the widest array of interests possible, the absence of an ideological core leads to the narrow pursuit of segmented interests and policy implementation by a variety of internal factions. That in turn sets the stage for tactical opportunism, be it in the trading of favors via pork-barreling or log-rolling, or in regular shifting of support for policy positions or party factions based upon self-interest and the contemporary dynamics of the Party at any given moment. People of ideological principle finds themselves isolated and outflanked by the tactically astute who are less rooted in ideological conviction. The more this occurs the more likely that bitter personal antipathies develop within the Party as ambitious individuals joust for leadership roles in an evolving informal or subterranean contest that parallels the formal rules of Party leadership contestation and selection. Since there is no one central belief system to which all adhere, the field is left open for cunning tactical opportunists to hold sway in internal party debates.

This appears to be what has happened to the Republican Party in the US, and it shows signs  of occurring in the Australian and British Labor/Labour parties. It seems to be what happened to ACT. These parties contest power not out of a core belief system but because of the platform of temporally shared policy interests that they represent. Although that may suffice to win power or office, it also is a source of constant internal tension that has the potential to explode into outright conflict should personal animosities or policy differences turn irreconcilable.

Party fratricide does not necessarily spell the death of the Party but is a sign not only of deep division within it, but of fundamental weakness. After all, if a Party cannot unite around a common set of objectives, leaders or beliefs in the face of a coherent and well-organized opposition, then it is less a political Party than an amalgam of sectoral interests forced together by political circumstance and shallow ideological affinity.

All of this is quite obvious. The question for the day is whether a Party that is exhibiting signs of fratricide can pull back and regroup in a manner that retains its coherence and effectiveness as a political interlocutor. One way may be to rehabilitate, resurrect or recruit again those that have lost favor or been relegated by the internecine battles (many a political Laxarus has been returned to the fray in NZ and elsewhere). There are a number of other means for re-constituting a coherent political platform and leadership cadre  that enjoy the support of the Party membership as a whole. Thus the solution set to the problem may be as varied as it is difficult, but for one NZ political party at least, it is also absolutely necessary.