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First a massacre, then the push back.

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

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

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

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

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

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

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

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

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

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

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

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

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

About that silly Mr. Bridges.

datePosted on 15:53, March 26th, 2019 by Pablo

In the wake of the Christchurch terrorist attacks, Simon Bridges wants to expand the powers available to the NZ security community when it comes to search and surveillance. He apparently believes that resurrecting “Project Speargun,” a 5 Eyes/GCSB 2013 effort to place a meta-data mining probe into the Southern Cross fiber optical cable connecting NZ to the world (via LA), would have prevented the attacks. He seems to not realize that Project Speargun was not fully abandoned but superseded by newer technologies, and that it would not have prevented the domestic terrorism attack in any event because it was foreign focused and used algorithms to reflect the concerns of NZ’s 5 Eyes partners (which were not focused on violent white supremacism).

He seems to think that the cyber-security program Cortex (designed to protect NZ firms and government agencies from hacking attacks) was somehow linked to Project Speargun (as some sort of inner-outer perimeter system). Yet the two are completely separate projects. As Leader of the Opposition Mr. Bridges sits on the Intelligence and Security Committee and gets regular briefs from the SIS and GCSB Directors, so the confusion and attempt to resurrect Project Speargun reflects a fundamental disconnect.

It also seems odd that a leader of a center-right party founded in part on classic liberal principles in defense of the right to privacy and the primacy of civil liberties would decide that there is political mileage to be gained by calling for more intrusive State powers at the expense of individual rights. Cynical opportunism, perhaps?

I was interviewed by RNZ about his comments. My observations are here.

After doing the interview and listening to Mr. Bridges remarks once again, it seems to me that he is a special piece of work. So I decided that the best thing I could do was honor him with a tweet from the consulting firm (which among other things does political leadership analysis). Here it is:

“When it comes to Simon Bridges calling for enhanced powers for NZ spy agencies, he is like a guy who says that he needs a telescope because his binoculars don’t work well enough, only to find out that the lens caps are still on the binoculars.”

Owning It (updated).

datePosted on 12:00, March 21st, 2019 by Pablo

Earlier versions of this essay were published by Radio New Zealand and Australian Outlook.

The terrorist attack on two Christchurch mosques, which resulted in the deaths of fifty people and injuries to dozens of others, is a watershed moment in New Zealand history. In the days, months and years ahead much soul-searching will be conducted about the social and political factors that contributed to the massacre. Here the focus is on two: the spread of hate speech via social media; and the intelligence failures that may have contributed to the event.

With the proliferation of social media platforms during the last decade there has been a steady increase in their use by extremist groups. Be it Wahabbist and Salafists calling for jihad, 9/11 conspiracy theorists or white supremacists, social media has given them global reach in a measure never seen before. This allows extremists in disparate parts of the world to instantly communicate and reinforce their views without having to be in physical contact. They can even plot acts of violence using encrypted platforms and the so-called “Dark Web.” This was the case with the Christchurch gunman, who went on extremist platforms in real time to announce his intentions shortly before he began his attack, then live streamed it on Facebook. As the massacre unfolded from the killer’s perspective (he was wearing a popular sporting camera on his chest), hundreds of people cheered him on (and later debated the merits of the action. See, e.g., here).

That is what is different today when compared to twenty years ago: the threat of decentralized, even autonomous extremist violence has increased commensurate with the emergence of social media outlets that allow them to disseminate their views.

This produces both an echo chamber and megaphone effect: not only do kindred spirits find common space to vent and practice their hate against the perceived “Other,” but more moderate, mainstream outlets begin to pick and emulate some of the language used in them. Language that was once socially unacceptable in most democratic societies has crept into mainstream social discourse, be it about immigrants, minorities, sexual minorities or indigenous groups. Hate speech is increasingly normalized under the mantle of free speech, where the hate-mongerers turn the tables on civil libertarians by claiming that their freedom of expression is being trampled by political correctness gone mad. That in turn has crept into the rhetoric of politics itself, where mainstream politicians and political commentators adopt some of the language and policy positions that once were only championed by a rabid yet marginalized political fringe. One only need to remember the anti-immigrant language of certain politicians and the mysogynist, homophobic and/or xenophobic rantings of assorted radio hosts and television personalities, to say nothing of the comments section of what used to be moderate political blogs, to see how the discursive trend has evolved in New Zealand.

The problem is almost exclusively a democratic one. Authoritarian regimes censor as a matter of course and control the flow of information in their societies, so what can be seen and heard is up to the regime. Unless authorized or condoned by the State, extremists are not given space to air their views in public.

Democratic societies uphold the right to free speech no matter how noxious it may be because it is exactly the unpopular views that need defending. But the principle of free speech never reckoned with the practice of social and mainstream media outlets using business models that are at least in part founded on the idea that there is money to be made in catering to extremist views. If advertising can be sold on extremist sites and offensive speech is protected, then the bottom line advises that it is not for the media conglomerates to determine what is and what is not acceptable social discourse. That is for others to decide.

In other words, the cover of free speech gives media conglomerates the excuse to continue to pursue profit by hosting extremist sites and allowing vile content on their platforms. The more that extremist views are filtered through outlets like Fox News and talk-back radio, the more they tilt public perceptions in a xenophobic, paranoid, fear-driven direction. This is not healthy for democracies.

This is the public policy conundrum. Where to draw the line between free and hate speech? When does offensive speech become dangerous speech? One would think that the answer would be simple in that any calls for violence against others, be it individual or collective in nature, is what separates offensive from hate speech. And yet to this day democracies grapple, increasingly unsteadily, with the question of what constitutes censorable material on-line. In a world where hard core pornography is increasingly available and normalized, it is hard to argue that people expressing ugly views are any worse than what is allowed in the skin trade.

With regard to whether there was an intelligence failure. Obviously there was because the massacre occurred. But the question is whether this was due to policy errors, tactical mistakes, some combination of both or the superb stealth of the bad guy.

At a policy level the question has to be asked if whether the intelligence services and police placed too much emphasis after 9/11 on detecting and preventing home-grown jihadists from emerging to the detriment of focusing on white supremacist groups, of which there are a number in Aotearoa. Given a limited amount of resources, the security community has to prioritize between possible, probable and imminent threats. So what happened that allowed the killer to plan and prepare for two years, amass a small arsenal of weapons, make some improvised explosives and yet still fly under the radar of the authorities? It is known that the security community monitors environmental, animal activist, social justice and Maori sovereignty groups and even works with private investigators as partners when doing so, so why were the white supremacists not given the same level of attention?

Or were they? The best form of intelligence gathering on extremist movements is via informants, sources or infiltration of the group by undercover agents (who can target individuals for monitoring by other means, including cyber intercepts). Perhaps there simply are not enough covert human intelligence agents in New Zealand to undertake the physical monitoring of would-be jihadists, other domestic activists and white supremacists. Perhaps white supremacist groups were in fact being monitored this way or via technical means but that failed to detect the Christchurch gunman.

That begs another question. Was the killer, even if a white supremacist himself, not an associate of groups that were being monitored or infiltrated by the authorities? Could he have maintained such good operational security and worked in absolute secrecy that none of his friends and associates had a clue as to his intentions? Was he the ultimate “lone wolf” who planned and prepared without giving himself away to anyone?

If the latter is the case then no amount of intelligence policy re-orientation or tactical emphasis on white supremacists would have prevented the attack. As the saying goes in the intelligence business, “the public only hears about failures, not successes.”

In his apparent radicalization after he arrived in New Zealand, in his choice of targets in Christchurch and in his ability to exploit domestic gun laws, in the fact that although he was socially active no one knew or ignored his plans, the killer was local. In the inability of local authorities to detect and prevent him from carrying out the attacks, the intelligence failures were local.

It is in this sense that New Zealand must “own” the Christchurch attack.

PS: I have been criticised for initially claiming, before his arrest, that the gunman may have come from Christchurch. Many people, including a prominent music and pro-cannabis blogger, felt that I was “reckless” for doing so, especially after it emerged that the suspect was Australian and lived in Dunedin (on and off since at least 2014). Let me explain why I made that initial error.

Within minutes of the gunfire I received links to the 4Chan and 8Chan platforms in which the shooter announced his intentions and linked to the live stream of his attack. As I read the commentary on the extremist platforms and watched the news over the next hour a source in Christchurch called and said that given his escape and the failure to initially detect and apprehend him (it took an hour to do so), the speculation by those chasing him was that he was a local. I repeated that live on radio as events unfolded, using the qualifier “apparently.” It was a mistake but not a reckless one, and in the larger scheme of things it simply does not matter.

I also made a mistake when I said that the weapon used was likely sourced on the black market from organised crime and may have been a modified hunting weapon with a suppressor on it (that much was clear from the video). As it turns out it was a legally purchased weapon by a licensed gun owner. My bad.

Finally, for thoses who keep on insisting that because the killer is Australian that absolves NZ of any complicity or guilt in the event–get real. Christchurch is the epicentre of South Island white supremacism and for all we know the killer may have chosen his targets not only because the Muslim population is fairly large in that city but also because he could show off to his mates on their home turf. If reports turn out to be true that he had kindred spirits at his gun club, then perhaps he was not as “alone” as is currently believed when planning and preparing for the attacks.

The Hollow Giant.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The unwanted jihadist.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The Bully’s gambit.

datePosted on 12:54, February 28th, 2019 by Pablo

It has been an open secret in US foreign policy circles that Donald Trump wants to go to war with Venezuela. He has said as much on a number of occasions, not always disguised by the “all options are on the table” rhetoric his advisors urge him to use. In his recent book former FBI Deputy Director Andrew McCabe mentions that Trump asked his national security team “why can’t we go to war with Venezuela,” claiming that it should be easy to do so. He may soon get his wish.

Let’s be clear on why Trump wants to wage war on a southern neighbour. It stems from the fact that he is an ignorant bully who believes in the 1823 Monroe Doctrine (or as much as he is told of it, especially the part about being the Western Hemisphere’s police force) and pines for the days of Teddy Roosevelt’s Roughriders and gunboat diplomacy. He covets Venezuelan oil even though its decrepit pumping and refining infrastructure, US oil surpluses and relatively low oil prices make his notions of “controlling” it a bit more complicated than his simple mind can grasp. But as a deep-seated xenophobic racist he hates Latinos in any event, and the corruption and incompetence of the olive-skinned Venezuelan leadership led by Nicole Maduro feeds into all of is prejudices about them. Add to that the fact that, even though he himself is a draft-dodging silver-spooned coward who has no real comprehension of the sacrifices and costs of going to war, he revels in it and the bloodlust it incites amongst the MAGA morons who follow him.

What he is not interested in is the plight of the Venezuelan people or the nature of Maduro’s rule. After all, he heaps praise on Kim Jong-un, Mohammed bin-Salman, Rodrigo Dutarte and Vladimir Putin, so respect for human rights, providing for the common good and freely-chosen open government are not high on his list of priorities. Instead, the Venezuelan crisis, which essentially is an economic crisis brought about by government mis-management, corruption and incompetence that evolved into a national humanitarian crisis and now a political crisis–or what Gramsci called an organic crisis of the State–provides Trump with a window of opportunity for him to act out his fantasy of being a war-time president.

The machinery for going to war appears to have been switched on. Since I have been involved in such things in a past life, let me explain how it works.

The move to war starts with the White House via the National Security Council (NSC) asking the Department of Defense (DoD) to draw contingency plans for an armed confrontation with Venezuela. The request is conveyed to the regional units responsible for Latin America, in this case the office of the Assistant Secretary of Defense for International Security Affairs and the Deputy Assistant Secretary of Defence for the Interamerican region (OSD-ISA-IA). The request is also sent to the Joint Chiefs of Staff and its directorates responsible for war-planning in Latin America (especially J2 (Intelligence) and J3 (Operations)), as well as the Undersecretary of Policy and Plans (OSD-US-PP). These agencies often combine resources into a Joint Task Force (JTF) that games out a number of scenarios.

Military intelligence agencies such as the DIA are tasked to gather actionable intelligence on key targets, and the regional military command responsible for Latin America, the Southern Command based in Miami, is assigned the role of drawing up battle plans. The US Special Operations Command in Tampa will also be involved, and between these commands and the JCS the specific mix of airforce, naval and ground forces will be calibrated, then activated (the US favours an air-sea-land approach to conventional warfare, especially if special operators are involved). This will include units with regional focus such as the US Atlantic Fleet and 12th Air Force, as well smaller detachments like Special Boat Units and Air Force special operations wings.

Strategic planners in DoD will narrow down feasible options using multi-level cost/benefit analyses. Interagency working groups will be formed in order to coordinate information flows and policy feedback across affected bureaucracies (for example, the State Department, Homeland Security, Treasury and Customs, since all are involved in the pre-and post conflict response). US military attaches will be ordered to liaise with their Latin American counterparts in order to gauge reaction to any hostile US move (and explore the possibility of cooperation in operations in the case of Brazil and Colombia) and diplomats will be dispatched throughout the region to shore up support for the US and explore the possibility of material assistance from individual countries.

The CIA, NSA and DIA will assign regional and country specialists to the planning and covert assets and signals specialists will increase their reporting on the Venezuelan regime’s internal dynamics and its military’s behaviour, movements and communications. In a case like Venezuela’s where the regime is under siege and the US backs the opposition, the CIA will facilitate backdoor talks between exiles, opposition figures, disgruntled military personnel and US officials so as to ensure that all are playing off of the same page in the lead up to war. If needed, a cover plan–say, the need to provide urgent humanitarian assistance to desperate people as requested by the US friendly opposition–is drawn up in order to pre-position assets and material in preparation for hostilities.

All of this has already been or is being done by the US with regards to Venezuela. Reports have it that numerous flights operated by a CIA-front air charter service from a civilian airbase adjacent to Fort Bragg, North Carolina (home to US Army special forces) have departed for Colombia carrying humanitarian aide. The US special envoy for Venezuela, Elliot Abrams, and the US Deputy Assistant Secretary of Defence for Interamerican Affairs traveled to the Colombian-Venezuelan borders last weekend to meet the Opposition leader Juan Guaido and oversee the unloading of provisions destined for Caracas (a move that was blocked by Venezuelan National Guardsmen). Cuban authorities have reported that US special forces have deployed to Puerto Rico and other Caribbean islands in a pre-positioning move (the Cubans have their own reasons to make such claims but their intelligence is very often accurate).

If plans are in an advanced stage, contact with opposition resistance groups in the Venezuelan capital and other population centers will have been made and perhaps weapons supplied. A plan to neutralise the regime leadership and its intelligence networks will be readied. A provocation ploy (say, murder of a US-backed Opposition figure) or excuse for action plan (e.g. threats to US citizens) may be drawn up should it be required as a justification for war.

These things take time, so it is safe to say that if by this point the battle plan is well developed, Trump gave the war order very early in his presidency. DoD and JCS cannot refuse the president’s request even if they oppose it; their duty is to comply with what the Commander-in-Chief has requested. This may not preclude them from approaching Congress about concerns regarding the proposed operation. After all, this is would not be a war of necessity but rather one of opportunity (if not vanity), and the costs involved may not justify what is achieved even in a best-case scenario. But with people like Senator Marco Rubio baying for regime change in Venezuela, the congressional mood to resist the president at this stage is mixed at best, so military concerns about it may not find a receptive audience on the Hill.

In any event, the CIA and US Air Force planes ferrying supplies to Colombia land and take off from the town of Cucuta, located on the Venezuelan border and the site of a violent confrontation last weekend on the transnational bridge linking the two countries. Abrams flew in a USAF aircraft to that town’s airport, which is home to an Army mobile infantry brigade and conventional infantry brigade (largely made up of counter-insurgency companies). This reminds the Venezuelans that Colombia is the US’s closest Latin American military ally, having fought decades together against drug traffickers, the FARC and other guerrilla groups. Colombia is signalling that it will, at a minimum, allow the US to stage and pre-position forces on its territory, even if just on military bases. The Colombians have despised the Bolivarian regime since Chavez’s times, and now their ideological enmity has been practically reinforced because the crisis has seen a mass refugee migration from Venezuela into Colombia at the same time that increased smuggling flows head in the other direction. Social cohesion in border regions has been negatively affected and the public purse is being stretched by the need to provide for the refugees as well as maintain public order and border security. The Colombians have had enough.

Usually the Brazilian military would be reluctant to allow the US to stage and deploy military forces from Brazilian territory. But the election of right-wing populist Jair Bolsonaro, who explicitly modelled himself on Donald Trump during the 2018 campaign, means that things have changed. Bolsonaro is keen to cultivate the White House’s good graces, and offering forward positioning rights along the Venezuelan border is one way of doing so. Brazilian and US commandos will welcome the opportunity to hone their skills together in a real operational environment. Here too ideological enmity dovetails with practical necessity, as Venezuelan refugees have fled into Brazil in increasing numbers over the past few months. It is therefore likely that Brazil has agreed to a US military presence on its border with Venezuela.

As the crisis accentuates and the impasse continues, US military planners will pour over maps and powerpoints, then hammer down the details of the means, methods and tactics to be used, as well as Plan B and C scenarios. Assets will be discretely transferred to staging areas and liaison with host militaries and resistance groups will be established. Strategic targets such as oil derricks and refineries will be given special attention.

Trump has a short term reason to activate the war plan: the 2020 elections. His political rationale in the upcoming election year is to influence the outcome via manipulation of nationalistic sentiment at home. This comes naturally to him given his vulgar political mind, and he sees Venezuela as an easy nut to crack. Aided by his allied media outlets, the drumbeat for war has been banging loudly for the last few months and is getting louder. Given the potential results of the Mueller investigation as well as those of several Democrat-controlled House Committees (such as the Michael Cohen hearings now underway), to say nothing of his failed summits with Kim Jong-un about denuclearising the DPRK (as if that was a realistic prospect), Trump might not be able to wait to pull an “October Surprise” even this year (they usually happen in the month before the election, not a year before). So we can expect that the pace of war preparations will increase over the next weeks to months.

For the Maduro regime, the issue is simple: raise the costs to the US (and possibly others) of any armed intervention in the country while either exhausting the opposition via attrition or negotiating a transition pact with it. The military will need to use stealth, manoeuvre and cover against a superior force, hoping to prolong the conflict so that Trump begins to pay a price for his folly. In this it will have the help of Cuban advisors skilled in the art of guerrilla warfare, including proficiency in tunnelling (learned from the Vietnamese) and the use of tactics such as helicopter trapping (where attack helicopters are lured into range of anti-aircraft weapons by small arms fire). If the conflict can be prolonged and US soldiers begin to die in significant numbers, then the bully gambit may just backfire on Trump.

I may have omitted or erred on a few details, but this will be the general thrust of things should Trump decide to pull the trigger that starts a war. I have not included post-conflict reconstruction and nation-building scenarios, but I assume that State Department planners, including those from the Agency for International Development (AID, already on the ground in Cucuta) will be hard at work figuring out post-conflict plans (although truth be told the US is not very successful at producing post-conflict outcomes that are clearly favourable to it). The matter of “what happens next?” once the war is over remains open to conjecture.

The bottom line is that a lot of preparation and resources go into contingency planning for war even against a relatively weak opponent, and even if the costs and fallout are uncertain and multidimensional in nature. This is true even if war is avoided: the costs of the preparations alone are monumental. One thing is therefore certain. The US path to war with Venezuela would have to have started some time ago and the costs are real even if battle is not joined. And if it is, the consequences will be felt for a long time to come way beyond Caracas.

Legacy investments versus speculative investments.

datePosted on 14:01, February 22nd, 2019 by Pablo

Among the arguments about instituting a capital gains tax in NZ (common in many parts of the developed world) is the claim that much property is family residence or inheritance in nature. The argument goes that it is unfair to not differentiate between the sale of a family home, granny flat or holiday residence by middle and working class people and the sale of properties bought by developers and speculators with the intention of “flipping” them for a profit. The first category are long-term, emotionally laden investments whereas the second is simply about making money.

I see merit in the argument for differentiation of property investment categories. In particular, I see a difference between legacy investments and speculative investments. Legacy investments are those where property is bought for family use over time. These can be the main family home but more often are second, smaller flats or holiday homes that are passed on between the generations (think of the archetypical bach or a crib). The emotional as well as financial investment in such places is not based on eventually securing returns but on preserving collective experiences and traditions from generation to generation and giving off-spring the chance to acquire a property stake without the exorbitant financial costs associated with the contemporary real estate market (for example, an equity share in a family bach may help towards securing a first time mortgage loan). It specifically excludes using family members as fronts for speculative purchases (say, of a family farm).

Speculative investments are just that: property investments that are designed to be on-sold in a relatively short period of time in order to secure a positive financial return. Here the intention is to make short-term money off of the buy/sell transaction.

I would suggest that a capital gains tax is appropriate for all speculative investments. They become another cost of playing the real estate flipping game and will eventually be incorporated into the real estate price architecture. On the other hand, I do not think that capital gains tax is appropriate for legacy investments. If a family property is on-sold within blood lines or divided into part ownerships to children and grandchildren, it seems to me that the less financial burden imposed the better for all. People get to keep their properties within the family and share in the collective benefits over time and generational change. That includes rental income from family owned property subject to the requirement that the property must be used by family members for given periods within a specified time frame (this would allow seasonal rentals and other short-term lease arrangements to non-family).

The system would work if there is a legacy declaration made on a property at the time of purchase. Again, this may be less appropriate for a main family home that could likely be on-sold to strangers as the family demographic shifts. There a capital gains tax would apply. But it very much should not apply to properties that families hope to preserve within the bloodlines for posterity. Here on-selling to relatives should not incur capital gains taxes.

On-selling under the legacy clause will require verification of family lineage, and any sale to non-family voids the legacy declaration and makes the sale subject to capital gains tax. Those who try to cheat the system and are caught will be subject to heavy financial penalties in excess of the tax otherwise to be paid.

I am not an economist much less a taxation expert but it seems to me that distinguishing between legacy and speculative investments in the property market strikes a good balance between profiteering and homesteading. I admit to not having thought through all of the implications inherent in this proposed scheme so if any readers want to illuminate me please feel free to do so.

I have no doubt that clever devils will immediately try to game the system and seek out ways to turn legacy homesteading into profit-driven speculation. But with a detailed code of compliance and robust enforcement regime in place, it is possible for this approach to split the fair difference between an all or nothing capital gains tax on property and one that reflects the nuances in property buying preferences. Or perhaps that is simply too much to ask in an ideological climate where the very idea of taxing something other than salaried income, business earnings and consumer purchases and services is considered sacrilegious by the Right.

PS: I have been informed by the smarter adult in my house that this is a silly idea and unworkable. She also points out that trusts already allow for inter-generational transfers of wealth/assets without being subject to tax on the transfer. I am not familiar with trust law and am not going to risk savaging by pointing out that family trusts are something more likely to be created by the well-to-do rather than the middle class, so must accept the scolding and move on. If anyone is familiar with the intricacies of trusts, please feel free to explain.

Is Israel Democratic?

datePosted on 10:41, February 13th, 2019 by Pablo

An interesting thing happened after I wrote last week’s first blog post about Venezuela ( http://www.kiwipolitico.com/2019/02/on-the-venezuelan-mess/). A gentleman from the Israel Institute of New Zealand wrote me at my business email address to request a correction or retraction for something I had written in that post. The objectionable phrase was my reference to Israel as “semi-democratic.” He pointed out that Israel ranked just one point away from France as a “flawed” democracy in the latest Economist democracy ratings, not far behind Germany. In that post I characterised France and Germany as Right-leaning “advanced democracies” so he reckoned that I had slighted Israel when I labeled it as “semi” democratic instead.

We backed and forthed on the subject for a day or so. I told him that I based my characterisation on the fact that Arab Israelis are treated as second class citizens. I told him that I would leave it at that and not get into the subject of settlements on occupied land, the drift rightwards towards extremism and intolerance in its politics under the Likud Party (created by those paragons of democratic virtue Menachem Begin and Ariel Sharon and now led by Benjamin Netanyahu), the corruption of its government under Netanyahu (and his predecessor), its approach to Palestinians etc. He countered by pointing out that Arab Israelis have all rights given to non-Arabs, that they do not have to do compulsory military service but can vote and that a High Court judge who will hear Netanyahu’s corruption trial is an Arab.

I explained to him that I do not take the Economist’s ranking as gospel. In fact, I think that they are flawed due to an Anglo-Saxon bias and formal procedures and frameworks rather than substantive interactions (for example, I believe that New Zealand is ranked too high and Uruguay is ranked too low in the Economist list). I pointed out that I had an academic background that included writing about democratic theory (and democratisation in practice), so understand democracy to involve procedural (free and fair elections), institutional (impartial application the rule of law), societal (toleration, equality as mass values), and economic (fair distribution of productive wealth) dimensions, all of which I believe are deficient in Israel. He replied that Israel fulfilled the first three criteria. I also told him that I was raised in a strongly pro-Israel household and that I understood its unique security and geopolitical conditions as well as the fact that, when compared to pretty much every other nation in the Middle East, Israel was the most democratic of them. But that is just damning it with faint praise.

Perhaps I expect more of the Israelis, but its behaviour in the last two decades (and more) leads me to believe that it is no longer (if it ever was) a liberal democracy. Just because people have formal, de jure rights on paper does not mean that they have de facto rights on the ground. It may not be apartheid but in its treatment of Arab Israelis, African migrants and other non-European Jewish peoples, it falls very short of the “equality for all” mark that I would expect of a truly substantive democracy and well short of most European, North American and Antipodean democracies. This is not to say that the latter are all healthy and above reproach. It just means that Israel does meet even their lowered standards.

We agreed to disagree. I did not print a reaction or correction. I invited him to explain his views in a comment on the thread but he declined. After our correspondence I found myself thinking about how KP readers would classify Israel. I realise that given the ideological leanings of the blog many will be firmly in the anti-Israeli camp, but I wonder what, upon honest reflection, readers think about Israel’s form of governance. In other words, what argument do readers make to themselves about where they stand on Israel?

So here is an invitation for readers to express their views on the matter, formally posed as this question: is Israel democratic? . That way we can get a sense of how intelligent (mostly Left and Kiwi) readers see the Jewish state. But first a few rules:

No anti-Semitic anything. One can be anti-Zionist without being anti-Semitic (as an example, see this). One can criticise Israel without running nasty alt-Right tropes. One can defend Israel without resorting to false charges of anti-Semitism against those who oppose it, and one can defend Israel without making bigoted or other prejudiced remarks about Arabs, Palestinians etc. No re-litigating history. Israel is here to stay regardless of what some might prefer. And, as other democracies have done, it has behaved ruthlessly towards its enemies. So please, do not go down the worm-hole of who did what to who first.

IT goes without saying but is worth repeating nevertheless: No personal attacks on other commentators. Keep the discussion polite, rational and on-topic. I say this because any time Israel is mentioned people tend to lose their senses when confronted with contrary views. It really is a hot button issue.

I shall moderate the comments section a bit more vigorously given the subject matter. But by all means have at it because I am genuinely curious as to how people come to form their opinions on Israel.

The Venezuelan mess, again.

datePosted on 10:37, February 6th, 2019 by Pablo

I continue to watch developments in Venezuela with interest, including the reaction of the international community to the crisis. Increasing numbers of democracies are lending their support to Juan Guaido’s presidential challenge, including 11 of 14 members of the Lima Group convened to facilitate negotiations on a peaceful resolution. Spain, Portugal, Denmark, Austria, the Netherlands, Sweden, Latvia and Lithuania joined the UK, France and Germany (and Canada!) in siding with Guaido after the Maduro government refused to call for new elections within the eight day deadline demanded in an ultimatum issued by the EU members. It seems that much of the Western democratic world is now openly opposed to seeing Maduro continue in office.

That got me thinking more about Juan Guaido. How could this young (age 35) man emerge so quickly and be received so warmly by so many democracies? What I found out is interesting.

Guaido is a former student activist and industrial engineer who received post-graduate training at George Washington University in Washington DC. He got into politics when the Chavez government closed down the most popular private TV station in Venezuela and proposed constitutional reforms that strengthened the presidency at the expense of the other two government branches, and has reportedly spent time since entering public life at several Right-leaning think tanks in the US and Europe. After his introduction to politics he came under the wing of the well-known anti-Chavista Leopoldo Lopez. Lopez, now under house arrest, is a neoliberal economist by training (he has degrees from Kenyon College and the Kennedy School of Government at Harvard). He is the son of a former president and former mayor of Caracas himself, so his elite credentials are impeccable (he even did his high school education at an exclusive private boarding school in the US). Reportedly a friend of Elliot Abrams (see previous post), he was a leader of the 2002 abortive coup against Hugo Chavez and spent several years in military prison as a result. In 2014 he led another failed uprising against Maduro, getting house arrest rather than popular support for his efforts. He agitates from his home, where he uses social media and encrypted apps to communicate with foreign and domestic allies and uses his telegenic wife to serve as his spokesperson.

In 2009 Lopez and Guaido formed the Voluntad Popular (Popular Will) Party. Although it claims to be a Social Democratic Party affiliated with the Socialist International, VP gained notoriety for its uncompromising, hardline anti-Bolivarian orientation and direct action street tactics. Although some of its thuggery was in response to that of Bolivarian militias and para-militaries, the strategy employed by VP was essentially a two-track approach: work within the institutional framework as given by contesting elections for the National Assembly and presidency; and use direct action on the streets to foment mischief and undermine Bolivarian attempts to establish law and order.

Under an agreement with Lopez, Guaido became VP’s parliamentary leader while Lopez retained the party chairmanship. First elected as an alternate delegate in 2010, Guaido was elected to a full National Assembly seat in 2015 and, given that more senior party members were either under arrest or exiled, named Opposition Leader in 2018. Under the power sharing arrangement in the National Assembly, Guaido assumed the rotating parliamentary leader’s position on January 5 of this year. A week later he declared his presidency, arguing that Maduro’s re-election was illegitimate due to massive fraud and low voter turn-out (both of which are true). Under the Venezuelan Constitution, the National Assembly leader is declared president if the elected President and Vice President are disqualified, absent or cannot serve, which Guaido claims is the case here.

There is strong suspicion that Lopez has a direct connection to neoconservative circles in Washington, and through them, the Trump administration. There is speculation that some form of material assistance is being funnelled from the US, including from Venezuelan exiles, to VP in order to support its anti-regime efforts and the Guaido campaign. Although I have no direct knowledge of this, it would not be surprising if these claims prove to be true given the quickness in which Guaido emerged on the scene, the strength of the organisation supporting him and the rapidity with which the US recognised his claim. What is confirmed is that emissaries from a number of the region’s democracies as well as the US met quietly and exchanged secret messages with Guaido and his representatives in the weeks leading to his assumption of the parliamentary presidency.

This has me wondering why so many democracies have been quick to jump on the Guaido bandwagon. They surely are not acting just out of ideological distaste for the Bolivarian regime. They surely have good information on Guaido’s background and connections to Lopez and US interlocutors. They surely must know that although Maduro and his cronies are reprehensible thieves posing as a popular government, Guaido’s connections to the US will make it very difficult for him to claim legitimacy and could in fact, spark a violent backlash from the 30 percent of the Venezuelan population that continue to support Maduro (mostly the poor and working class). They also must understand the perils of supporting a foreign-backed constitutional coup (which is essentially what being attempted), especially when the move is closely tied to the threat of US military intervention. So why would they abandon long-held commitments to upholding the doctrine of non-intervention?

Some will argue that the humanitarian crisis in Venezuela requires drastic action and that action cannot come from within Venezuela under present circumstances. Yet even the issue of humanitarian assistance has turned into a political tug of war. The Lima Group and European democracies, led by Spain, have pledged humanitarian assistance, mostly in the form of food and medical provisions, to Venezuela. The same is true for Argentina, Canada and Brazil. But they insist on having Guaido and his supporters administer the aid provision, something that the Maduro government categorically rejects. Neither contender is interested in talking to the other about jointly administering relief assistance and instead are busy staging demonstrations and claiming support from within the military (where so far Maduro has a considerable advantage).

Perhaps the show of external support for Guaido is designed to be no more than a form of pressure on Maduro to call for new elections under international supervision, and not really a vote of confidence in Guaido per se. Coupled with the redoubling of sanctions by the US, UK and others against Maduro, his entourage and state agencies suspected of money laundering, the idea seems to be that the combination of forces being applied to the Boliviarians will make them cave to the election demands. The reasoning may well be that Maduro will see this option as preferable to civil war or a coup because it gives him the chance to run again rather than be run out of town in a hearse. After all, the primary rule for coup-plotters is that the people being ousted must not survive the ouster less they come back to haunt the usurpers–something the failed coup against Chavez demonstrated in spades.

This assumes that the target of the foreign pressure a) feels it to the point of pain and b) has no other options other than to cave to it. At this moment there is no evidence to suggest that Maduro and company are close to either concern. And for all his foreign support, Guaido does not appear to have moved the dial with regards to popular support significantly in his direction.

What we have, thus, is what the Latin American political scientist Guillermo O’Donnell (of bureaucratic-authoritarianism and democratic transitions fame) once called (with reference to Argentina 1946-1983) an “organic crisis and hegemonic stalemate” where both sides can check the other but where neither can unilaterally impose its vision for arresting the national decline.

Under those conditions, it may well be external actors who play a decisive role in determining the outcome, something that does not bode well for the prospects of national reconciliation required to reaffirm democracy while returning peace and stability to Venezuelan life.

The Venezuelan mess.

datePosted on 14:35, February 1st, 2019 by Pablo

WARNING: This post is long and somewhat meandering, as it gathers several strands of thought about the issue.

There has been some concern voiced about New Zealand’s refusal to take a side in the power contest now being waged in Venezuela, where the leader of the National Assembly, Juan Guaido, has declared himself interim president in opposition to fraudulently re-elected Nicolas Maduro, the successor to Hugo Chavez in what is known as the “Boliviarian Revolution” that started in 1999. The Maduro administration is notoriously corrupt and incompetent and has driven Venezuela into the ground, to the point that millions are starving and more than 2.1 million have fled the oil-dependent country in the last two years (the largest refugee crisis in Latin American history). The reasons for this human-made disaster are many and will not be covered here. Instead, let’s start with the NZ reaction and proceed to how things might eventuate over the next weeks and months.

When first asked about US support for Guaido (the US recognised his presidency a few hours after he made his claim public) and whether New Zealand would follow suit, Prime Minister Arden said that NZ supported “neither side.” That sent the NZ political right into paroxysms of indignant fulmination, with politicians and commentators claiming that she supported Maduro, communism, evil-doers in general and people who kick their dogs. Not surprisingly, her ad-lib was followed shortly thereafter by a more measured comment by Foreign Minister Winston Peters that NZ does not choose between foreign political parties and contenders and prefers to allow them to settle differences on their own.

Coming after the PM’s comments (which reminded me of her “there are no undeclared Russian spies in NZ” remark in March 2018), Peter’s tidying up was appropriate. Although the Maduro regime is odious, it is less repressive than many other authoritarian regimes that NZ recognises and trades with (its major flaws are grotesque corruption and incompetence). NZ also has a long-standing public commitment to the principle of non-intervention and support for peaceful constitutionally-driven political change. The Maduro regime is now being confronted by an externally-backed constitutional coup in the form of the Guaido challenge (and no one elected him to be anything other than an opposition National Assemblyman. He only assumed leadership of the National Assembly in December as part of a rotation-in-office deal with other opposition coalition parties). Guaido and his supporters are not necessarily democratic champions themselves and their promises to hold new elections in a timely fashion are vague at best, so immediate recognition of him as “president” is more an act of faith or cynicism rather than a demonstrable fact of his democratic inclination. In that context Peter’s statement strikes a good diplomatic balance.

With some notable exceptions most of the Latin American governments supporting Guaido are right-leaning like that of Mauricio Macri of Argentina, Jair Bolsonaro in Brazil and Sebastian Pinera in Chile, with the advanced democracies supporting his challenge also being governed by Right administrations (UK, Australia, France, Germany as well as semi-democratic Israel). Meanwhile, left-leaning democracies such as those of Bolivia and Uruguay support the Maduro government. So there appears to be an ideological bias at play in how some democracies are casting their lots on the matter. The majority of the global community have taken a stance akin to that of NZ.

The usual clustering of dictatorships and semi-democracies that are backing Maduro such as the Cuba, PRC, Russia, Iran, Turkey and Syria have hard-nosed geopolitical as well as ideological reasons for doing so. Cuba gets the majority of its oil from Bolivia at discounted prices and has propped up the Boliviarians with both civilian and security assistance. Russia has cultivated Venezuela as an anti-US bulwark with weapons sales and military aid. China has spent billions investing in Venezuelan infrastructure. Iran and Syria have both benefitted from the Boliviarian’s alliance with Hezbollah and Iranian Revolutionary Guards. None of them may be particularly enamoured of Maduro but they have serious investment stakes in the game.

As for the NZ response, think of the PRC’s potential reaction to New Zealand siding with the US after its “choose a side” demands, particularly in light of the Huawei imbroglio. Think of the US response if it sides with Maduro. In other words, the diplomatic consequences of taking sides are not positive regardless of which side is chosen. That is why Peter’s statement is judicious–it annoys no one.

In summary, NZ is correct to not choose sides in the Venezuelan crisis, both for principled as well as pragmatic reason

With regards to the crisis itself, the solution has to be internal rather than externally imposed. They key is for the military–the 130,000 troop Army in particular since it will have to do the repressing–to drop support for Maduro in favour of a transitional government that schedules elections in the near future (the Navy has a limited land presence and along with the the Air Force can only support or resist what the Army does, but neither can prevail on their own no matter which side is chosen). To this end, Guaido’s emissaries have been working hard to establish a dialogue with the armed forces, something that, at least with regard to the Venezuelan high command, so far has been rebuffed.

Venezuelan flag rank officers are Maduro cronies who are deeply corrupt and incapable of leading troops in battle. Instead, they have been siphoning off “tax” from the ministries and border commands that they control (which cover drug, people, petrol and arms smuggling routes). The ones that are the key to what happens next are field grade officers (Colonels, LTCs, Majors and Captains) and NCOs who command the enlisted soldiers with the guns. That means bridging the division between constitutionalists (those who swear an oath to protect the constitution no matter who is president) and nationalists who see themselves as saviours of the nation in a time of need–but those include both pro- and anti-Maduro factions. The move involves mending horizontal (between service branches and ideological factions) and vertical (between ranks or military school graduating class) cleavages, something that often involves intra-institutional violence as a precursor to what follows.

In this type of scenario, the military is subject to what are known as “push” and “pull” factors. The “push” factors are those internal to the military that compels them to intervene in politics. These can be a loss of combat readiness or military discipline and professionalism, overt politicisation of the officer corps, rampant corruption etc. All of these are present within the Venezuelan military.

“Pull” factors are external events or conditions that draw the armed forces out of the barracks and into politics. They include armed challenges to military monopoly over organised violence (say, by paramilitaries, guerrillas, criminal organizations and the like, all of which operate with some impunity in Venezuela), and what is known as civilian pleading. Civilian pleading refers to calls from civil society for the military to act. This includes appeals by business groups, unions, religious and community organizations as well as external actors such as Venezuelan exile communities and foreign governments and organisations such as the OAS.

The sense of compulsion is reinforced by the personal experiences of troops when not in uniform. Militaries do not exist in a vacuum and in fact are reflective, in their own way, of the society from which they are drawn. Venezuela has a volunteer military and many of its personnel return to their families and homes after a day’s work. So they are living the crisis both as uniformed personnel as well as citizens.

In short, the Venezuelan military is getting an earful from many sides and has internal, “corporate” reasons to act in order to preserve its position as the pre-eminent institution responsible for managing organised violence in that society. Whether it adopts an arbitrator or governing role once it does so remains to be seen, but it is now the primary determinant of the nation’s political future.

If the field ranking officers and NCOs abandon support for Maduro he is finished, although his loyalists in the Cuban-dominated intelligence and police/paramilitary services will resist the move. It is also likely that, barring massive defections, the 70,000-strong National Guard (which is the agency primarily responsible for domestic repression and which has gained a reputation for brutality) and 150,000 strong National Militia will continue to side with Maduro. The scene is then set for mass violence and prolonged resistance (remember that the Cubans have helped Maduro create thousand of small-scale neighbourhood militias that are trained to use guerrilla tactics against any superior force, foreign or domestic. Along with National Guard resistance that could protract the conflict and drag foreign forces into another long-term ‘pacification” campaign).

The military could opt to simply lay down their weapons, but that is unlikely given the presence of loyalists in the ranks and the National Guard still loyal to Maduro. Or the military can unite around Maduro and ward off US interference by getting Guaido to back down on his presidential challenge, possibly in exchange for new elections and/or constitutional and political reforms. That is the most peaceful option but it does not solve the underlying economic and social problems or the issue of a potential US military intervention if Maduro remains in power (it is highly unlikely that any Latin American country will contribute troops to any US-led intervention force, although it is feasible that Colombia and Brazil might allow US forces to forward deploy and stage in their territories).

So the likely scenario is that Maduro is removed by force, be it threatened or actual. While inevitably bloody, a pro-Guaido military coup will be better than an external military intervention, where many erstwhile opponents of Maduro will rally against armed foreign interference, especially from the US. If it is revealed that Guaido and his supporters have been receiving advice, money and logistical help from the US, that could backfire hard on his military and civilian allies and increase as well as prolong the bloodshed.

In order to avoid civil war the military will have to be united in its support for one or the other presidential contender and willing to demonstrate its resolve. That is easier over the short term if the field officers and NCOs side with their superiors in defence of Maduro, but given the circumstances that is unlikely to hold over the longer-term and could lead to a direct confrontation with US forces should the Trump administration determine that it is expedient (say, as part of a declaration of “national emergency” that includes emergency funding of the border wall by Executive Order) to sacrifice lives in order to see him ousted (the annotation of “5000 troops–>Colombia” on John Bolton’s press briefing notes this past week may or may not be a real statement of intent but certainly signals that “all options are on the table,” even if they are not well thought out. After all, 5000 troops are not enough to control all Venezuelan territory and will have difficulty subduing militias, guerrilla groups and nearly 1 million strong volunteer military that even with defections and intra-service clashes will dwarf the invading force coming across a well defended land border. Which is to say, armed intervention by the US will involve a lot more than a brigade and a lot more than a land assault from Colombia).

It is telling that the person nominated to lead the US Venezuela task force is Elliot Abrams, of neocon Iran-Contra, death squads and the 2002 coup attempt against Chavez fame. His “skill set” is a dark and narrow one, so his appointment pretty much reveals the foundation of the current US approach to the crisis. The irony is that Abrams was originally a “never-Trumper,” who was initially blacklisted from any administration job. But with fellow neocon John Bolton as NSC advisor, the time for redemption is apparently at hand. It will be the Venezuelans who pay the price for that. 

Foreign supporters of Maduro like to claim that US sanctions imposed on his government are a large part of why the country was crippled. This ignores the fact that the sanctions targeted Maduro administration officials and state-controlled firms suspected of money laundering and pilferage. The sanctions did not target economic activities connected to the provision of basic goods and services, nor did it target average citizens. The loss of basics such as food and medicines is not due to sanctions, but to the rampant thievery and incompetence of what now can only be called a kleptocracy as well as the response by the private sector to it.

On the other hand, the Venezuelan political opposition, when not in-fighting, have behaved less than honourably towards the Boliviarians even before Chavez began to tighten his grip after the 2002 coup–a coup that business elites, domestic political opponents and the US government were quick to support even before his arrest was made public (he was freed and launched a counter-coup just hours after being detained). Business elites have largely liquidated assets and decamped the country rather than accept increased taxes on individual wealth and corporate profits. Since 1999 political opponents have schemed and plotted with the ex-pat community and other Latin American rightwing groups to overthrow the Boliviarians. So there is much blame to spread around and choosing between Maduro and Guaido will not necessarily solve the underlying fundamentals of the national decline.

Let us be clear on a key point: if Maduro and his associates had one shred of decency and honour they would have resigned rather than rig last year’s election. They have managed to squander Chavez’s already diminished legacy, allied themselves with some rather unsavoury foreign actors, alienated most of their regional counterparts and overseen the collapse of what once was a prosperous country. Some of that may be due to the so-called “oil curse,” where countries dependent on fossil fuel exports almost inevitably succumb to authoritarianism and the vicissitudes of commodity booms and busts (as has happened in Venezuela). But the blame for what Gramsci would call an organic crisis of the Venezuelan state lies squarely on the shoulders of Boliviarians, not imperialists and domestic reactionaries. The extent of their perfidy and ineptitude is outlined here.

Guaido is believed to have offered Maduro and his associates (including the military leadership) amnesty for their crimes in exchange for abdication. There are reports that he has offered safe passage into exile for regime leaders along with much of their ill-begotten assets. There are rumours of secret talks between his representatives and field rank officers. His supporters have gathered outside military bases clamouring for the troops to lay down their arms or join with the opposition. It is clear to everyone that the military holds the key to what happens next, but the question remains open as to whether the military will choose a side, fracture or simply remain neutral while the civilian actors negotiate or fight for political control. So far the military leadership remains loyal to Maduro, but defections in the ranks are commonplace (including the military attache to Washington, who defected and requested asylum).

It is unlikely that Guaido would have made his move spontaneously or without the encouragement and support of the US. It is very likely that US representatives worked with him in the weeks leading to his challenge for power, and it would not be surprising if the US has provided logistical and material assistance to his campaign. It is also likely that discrete overtures have been made to military officers by the US, if nothing else then to ascertain the mood of the troops. The emergence of a right-leaning political bloc in Latin America provided Guaido with a favourable geopolitical context in which to make his move (Argentina, Brazil, Chile, Colombia, Peru, Guatemala, Honduras and Costa Rica all have right-leaning governments at the moment). This has translated into Organisation of American States (OAS) support for Guaido, something that breaks with a long-standing tradition of promoting non-interference in the sovereign affairs of its members.

The bottom line is that Maduro’s position is increasingly untenable but Guaido is somewhat tainted by his association with the US. The solution to the impasse rests in the hands of middle and junior rank Army officers and NCOs, who must choose to defend Maduro or opt to support an election-based political transition to a post-Bolivarian regime (that may or may not be led by Guaido or Maduro if the elections are genuinely free and fair). That requires a public move one way or the other from within the Army as a signal of intent. There is likely to be violence involved with either choice, both within and between armed service branches, paramilitary organisations, intelligence agencies and guerrilla cadres connected to civil society and political parties. But that will be the lesser price to pay if the alternative is US military intervention.

In the meantime the international community can do its part by marshalling humanitarian assistance for the Venezuelan people. The UN and OAS can lead those efforts and the contending political factions can broker an interim agreement on priority needs and the means and methods of conveying that aid, something that could lessen factional and partisan tensions and set the stage for more substantive negotiations on the terms and conditions for the political transition that, one way or another, is an inevitable part of Venezuela’s future.

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