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It should be obvious by now but let’s be clear: The same folk who regularly traffic in disinformation, misinformation and “fake news” are also those who most strongly claim that their freedom of expression rights are being violated when moves are made to curb hate speech (as opposed to protected offensive speech). They lie, they mislead, they conspire and they subvert, only to whine when they are called out on their prejudice and deceit.

That is what might be called message “cloaking” or “masking:” using the legal protections of democracy in order to undermine it from within via propaganda and psychological operations designed to confuse, divide and accentuate extant social cleavages, or what right-wing extremists call “acceleration.” This harks to old Marxist-Leninist notions of exacerbating social contradictions, although for Marxists these are class based in capitalist societies whereas the alt-Right sees race and ethno-religious differences as the main fault lines to be exploited (precisely because capitalism is seen to aggregate ethnicities into socio-economic classes, thereby diluting the racial or ethno-religious basis of “proper”–read: Anglo-Saxon–governance).

Ironically, the alt-Right and white supremacists share Lenin’s view that democracy is “capitalism’s best possible political shell,” and they, like him, see it as an impediment to “pure” government (be it of the workers or of a chosen racial or ethnic group, respectively). Lenin believed that democracy blinds workers to their common interests because of the false promise of choice offered by the universal vote. Conversely, Alt-Right adherents and white supremacists believe that democracy (both in terms of the right to vote and in legal protections for minorities, etc.) gives too much power to “inferior” or “replacement” groups, thereby impeding merit-based efficient (read: White) governance. Perhaps both are right.

All of this happens in a context where public cynicism about political elites runs deep in both mature and emergent democratic societies. Venality, corruption and instrumental opportunism are rife throughout the so-called ‘free” world, leading to disenchantment and anger towards “the system” as a whole. This creates the space where conspiracy theories, false alternative narratives, fear-mongering, scape-goating and other deliberate distortions of the truth take hold in the collective consciousness. Some of this is at play on the Left side of the political spectrum but the majority of notions about the existence of a (presumably homogeneous in outlook and transnational in manifestation) Deep State, climate change being a hoax, 9/11 being an inside job, etc. come from the Right, harking back to previous incarnations of paranoid fantasies like those of the John Birch Society and various anti-Semitic cults that see Jewish control behind every major social organisation. In fact, pushed by social media connectivity, new and old Rightist tropes have merged into a particularly nasty amalgam of hate and manipulated ignorance.

The convergence of hate speech enthusiasts, climate change deniers, bigots, xenophobes and assorted conspiracy mongerers has been facilitated by social and alternative media platforms, which has given them common ground and global reach. They fight vigorously to defend their “right” to voice retrograde views while working equally as hard at propagating all sorts of subterfuge and stupidity in pursuit of their ulterior motives.

The saddest part is that this syndrome has seeped into mainstream politics throughout the democratic world, with Right-oriented parties now adopting both dis-and misinformation campaigns and “cloaking” as political tactics. National-populist parties provide the most obvious example, but one only need to look at the GOP in the US or the ACT and National parties in NZ to see how this seepage works. If I was uncharitable I would call it the “Trump tactic dispersion effect:” lie, deny, invent, obfuscate and obstruct in pursuit of partisan and personal gain without regard to the negative impact it has on the political system as a whole. The GOP is too far gone to recover from its MAGA infection, but the NZ Right parties need to be called out on their attempts to model some of their tactics on Trump’s approach and those of the alt-Right.

The irony is that the major beneficiaries of this dispersion effect are authoritarians, both those internal to the societies in question as well as the foreign despots who see utility in the weakening of democracy world-wide (and who therefore encourage and support disinformation/cloaking efforts globally).

After all, the deadliest thrusts of sharp power are into soft targets.

The cost of a range clearance.

datePosted on 08:09, November 20th, 2019 by Pablo

It has been revealed that firing ranges used by the NZDF while deployed to the Provincial Reconstruction Team (PRT) in Bamyan Province, Afghanistan, contained unexploded ordnance that caused numerous deaths and injuries after the NZDF withdrew the PRT in April 2013. In 2014 seven children were killed when an unidentified high explosive device detonated after they brought it back to their village. In the five years following the NZDF withdrawal seventeen people were killed and several dozen injured by unexploded munitions they encountered in and around the five firing ranges used by the PRT during its 12 year mission in Bamyan. While all of the ranges were used for small arms training, two, the Beersheba and Dragon ranges, also were used for training with high explosive rounds, including grenades, shoulder fired mortar shells/rocket propelled grenades (RPGs) and armour piercing heavy caliber bullets. It was near the Beersheba range where the children found the munition that killed them.

The NZDF claims that it had cleared over ten tons of unexploded ordinance from the Bamyan ranges before it left the province. This was done early in the PRT tour because the ranges had been used by Russian, US and Afghan forces in the years before the NZDF arrived, and the concern was the safety of NZDF troops when using those ranges. After the NZDF left, it contracted with the Afghan Directorate for Mine Action Coordination (DMAC) to have contractors clear the ranges. In October 2013 this was supposedly done, to what the NZDF calls an Afghan government approved standard.

After the children’s deaths the standard was lifted to a UN approved level. From then on negotiations were enjoined to determine who should do subsequent clearing of the ranges, what the costs would be and when they should begin. In 2018 the NZDF agreed to pay US$10 million into a fund operated by the UN for employing explosive ordinance disposal (EOD) contractors to engage in follow up clearance of the ranges. The delay in agreeing to the payment was differences between the NZDF/MoD and the US Department of Defence (DoD) over the cost of the job. If I understand correctly what the NZDF has said on the matter, the US wanted NZ to pay US$48 million for clearing all of the Bamyan ranges, whereas NZ wanted to pay much less and only help clear the Beersheba and Dragon ranges. The US$ 10 million dollar sum appears to be the cost of the latter. The key thing to remember here is that while people were being killed and injured by ordinance on those ranges, the US and NZ were arguing about the cost of clearing them.

The NZDF claims that the contractors who did the October 2013 clearance were approved by the Aghan government. The raises questions about the tender and contract-letting process. Who were these contractors? Did the NZDF have any say in their approval? How was the handover between PRT EOD personnel and the contractors handled (since the NZDF EOD operators would have had maps of the ranges that indicated where they had cleared unexploded ordinance fired by NZDF troops as well as any incidental unexploded ordinance (UXO) found on them)?

The October 2013 range clearance done by the contractors was of a type known as a “surface clearance.” As the name implies, this means visually inspecting the range for any unexploded ordinance lying on the above-ground surface. This might include inspections under loose rocks and on slips or crevasses in the mountainous terrain of the area.

The NZDF has made the accurate point that given the amount of ordinance fired on the ranges over the years by multiple armed services from several countries, it is near impossible to determine if the munitions that are killing and injuring people came from the NZDF or another military. That would require shell fragments, explosive residue or other evidence of source, none of which is available. The NZDF notes that in terrain like that of Bamyan, with weather like that of Bamyan, unexploded rounds can last and lie undetected for years and be carried out of the ranges by landslides, snowmelt, floods and other natural events as well as people. The latter point is not as silly as it might seem: in countries such as Afghanistan scrap metal scavenging is an important source of income for impoverished communities, and firing ranges are a treasure trove of scrap metal in the form of bullet casings and other metallic debris of war. For children, some of this debris is an irresistible toy. For all who tread there by choice or innocence, venturing onto an inactive firing range is an invitation to disaster.

What the UN standard of range clearance demands, and what the US and NZ were negotiating about, is what is known as a “subsurface clearance.” This requires the use of metal detectors and other means of locating live explosive objects underground, usually up to depths of two meters given the munitions (such as those of the NZDF) used on the ranges. This raises several questions.

Knowing that it had fired three types of high explosives on the Beersheba and Dragon ranges (some of which were duds) and knowing that some of them were capable of penetrating into the ground rather than just ricochet off of the surface, why did the NZDF agree to a surface clearance even if it conformed to an Afghan government standard? Was it told that the initial clearance would be subsurface in nature only to have that changed to a surface clearance after it left, or did it assume that a subsurface clearance would be the case? One would think that as part of the handover and contracting process with regard to the post-PRT range clearances the NZDF would have informed DMAC about the presence of unexploded high explosives on those ranges and in return be provided with explicit knowledge of what type of clearance would be conducted in October 2013. If it agreed to a surface clearance knowing that it had potentially unexploded ground-penetrating high explosives on the ranges, then that would be a dereliction of its duty of care to the civilian population of the area.

One also has to ask about the role of the Afghans. After the NZDF withdrew from Bamyan, who gained control over the ranges? The Afghan National Police (ANP), the Afghan National Army (ANA), the DMAC or some other government entity? Were the ranges sign-posted and/or fenced off? Or were the ranges left open? Whatever the answer, there appears to have been some serious dereliction of duty on the part of those who inherited control of the ranges after the NZDF left.

Under Protocol Five of the UN Convention on Certain Conventional Weapons (CCW), countries are responsible for disposing of the Explosive Remnants of War (ERW) after they leave the area in which they operated. The responsibility is not legally binding and often ignored, but is the likely reason why the US and NZ negotiated the second round of range clearances with the UN Mine Action Service (UNMAS). That is important because in effect, the responsibility to “clean up” does not end when an armed organisation leaves an area–the issue is not about present control but of past usage.

To be clear: NZ has no enforceable legal liability for leaving subsurface UXOs uncleared after it abandoned the Bamyan PRT, even though the NZDF was aware of the possibility of their existence. Those UXOs were likely not fired from NZDF weapons but given the history of the ranges, the NZDF was quite likely aware of their presence simply because US forces had used the ranges and very likely mapped them out for their own protection, then handed them over to the PRT as an allied ISAF force.

The NZDF did have a moral-ethical responsibility to consider the non-combat consequences of leaving the ranges cleared to a surface standard given what had been fired in them. Since the stated purpose of the PRT was about nation-building, hearts and minds and the rest of that mission palaver, it seems that something got lost at the end.

None of that matters. According to the UNCCW protocol five on ERW, the NZDF and NZ government were obligated by international convention to assume responsibility for the initial and subsequent range clearances. That the NZDF failed to do so in the initial tender and handover to the first post-deployment EOD contractors, and that it took five years to negotiate a price for its participation in the obviously necessary follow-ups to what was clearly an inadequate job in October 2013, tells us something about the value placed by the NZDF on the lives of Afghanis, including their children.

Prime Minister Ardern said that she was first informed of the issue in 2018 and now, after the matter became public, has told the NZDF that it has been moving too slowly and needs to speed up its involvement with the UNMAS-led subsurface clearance process. This begs the question as to why she was not informed earlier about was a thorny military-diplomatic issue, which in turn raises yet again the matter of NZDF transparency and accountability to the government of the day.

By all public accounts, the Bamyan ranges do not contain unexploded ordinance from “heavy” air assaults or artillery, including cluster bombs, white phosphorus rounds or 500 to 2000 lb. bombs. If that were the case the whole story changes dramatically in several ways, including on the subject of responsibility. Assuming that they were only used for small arms and limited high explosive weapons training, then the US$10 million price tag for NZDF participation in the UNMAS clearance efforts in two abandoned firing ranges seems high but reasonable if it involves compensation to relatives of victims, deployment of NZDF EOD specialists back to assist in the range clearing efforts and/or paying the for salaries and equipment for honest and professionally competent EOD contractors. That is is predicated on UNMAS hiring EOD contractors that are not corrupt, incompetent or cronies of local officials and instead are totally dedicated to eradicating the deadly residue of a conflict supposedly gone past.

In the end, this is another reminder of the legacies of war and the unfinished business that remains long after troops come home. Because for those living in places like Bamyan, the war does not end when the foreigners leave.

An age of protest.

datePosted on 12:50, November 13th, 2019 by Pablo

It seems fair to say that we currently live in a problematic political moment in world history. Democracies are in decline and dictatorships are on the rise. Primordial, sectarian and post-modern divisions have re-emerged, are on the rise or have been accentuated by political evolutions of the moment such as the growth of nationalist-populist movements and the emergence of demagogic leaders uninterested in the constraints of law or civility. Wars continue and are threatened, insurgencies and irredentism remain, crime proliferates in both the physical world and cyberspace and natural disasters and other climatic catastrophes have become more severe and more frequent.

One of the interesting aspects to this “world in turmoil” scenario is the global surge in social protests. Be it peaceful sit-ins, land occupations, silent vigils, government building sieges, street and road blockades, pot-banging and laser-pointing mass demonstrations or riots and collective violence, the moment is rife with protest.

There are some significant differences in the nature of the protests. Contrary to previous eras in which they tended to be ideologically uniform or of certain type (say, student and worker anti-capitalist demonstrations), the current protest movement is heterogeneous in orientation, not just in the tactics used but in the motivations underpinning them. In this essay I shall try to offer a taxonomy of protest according to the nature of their demands.

Much of what is facilitating the current protest wave is global telecommunications technologies. In previous decades people may have read about, heard about or seen protests at home or in far-off places, but unless they were directly involved their impressions came through the filter of state and corporate media and were not communicated with the immediacy of real-time coverage in most instances. Those doing the protests were not appealing to global audiences and usually did not have the means to do so in any event. Coverage of mass collective action was by and large “top down” in nature: it was covered “from above” by journalists who worked for status quo (often state controlled) media outlets at home or parachuted in from abroad with little knowledge of or access to the local, non-elite collective mindset behind the protests.

Today the rise of individual telecommunications technologies such as hand-held devices, social media platforms and constant on-line live streaming, set against a corporate media backdrop of 24/7 news coverage, allows for the direct and immediate transmission of participant perspectives in real time. The coverage is no longer one sided and top down but multi-sided and “bottom up,” something that not only provides counter-narratives to offical discourse but in fact offers a mosaic landscape of perspective and opinion on any given event. When it comes to mass collective action, the perspectives offered are myriad.

The rise of personalised communication also allows for better and immediate domestic and transnational linkages between activists as well as provide learning exercises for protestors on opposite sides of the globe. Protestors can see what tactics work and what does not work in specific situations and contexts elsewhere. Whereas security forces have crowd control and riot training to rely on (often provided by foreign security partners), heretofore it was difficult for protest groups to learn from the experiences of others far away, especially in real time. Now that is not the case, and lessons can be learned from any part of the world.

The nature of contemporary protests can be broadly categorised as follows: protests against economic conditions and policy; protests against central government control; protests against elitism, authoritarianism and corruption (which often go hand-in-hand); protests against “others” (for example, anti-immigrant and rightwing extremist protests in the US and Europe); protests over denied rights or recognition (such as the gay and pro-abortion and anti-femicide demonstrations in Argentina, or indigenous rights protests in Brazil); single-issue protests (e.g. climate change); or mixtures of the above.

The literature on mass collective action often centres on what are known as “grievance versus greed” demands. One side of the continuum involves pure grievance demands, that is, demands for redress born of structural, societal or institutional inequalities. On the other side are demands born of the desire to preserve a self identified right, entitlement or privilege. In spite of the connotations associated with this specific choice of words, greed demands are not necessarily selfish nor are grievance based protests always virtuous. For example, greed demands can involve respect for or return to basic civil liberties as universal human rights or demands for the preservation of democracy, such as in the case of Hong Kong. Conversely, grievances can often be selfish in nature. Thus, although the pro-Brexit demonstrations are construed as demands that politicians heed the will of the people, the underlying motivation is defensive and protective of a peculiarly defined form of nationalism. A particularity of the modern era is that although most of the protests are portrayed as grievance-based, a considerable amount are in fact greed-based and not always virtuous, as in the case of the Charlottesville white supremacy marches and anti-immigrant demonstrations in Europe.

Protests against economic policies and conditions have recently been seen in Chile, France, Ecuador and Iraq. Protests against centralised government control have been seen in Catalonia, Indian Kashmir and Hong Kong. Protests against authoritarianism, elitism and corruption have been seen in Lebanon, Russia, Venezuela, Bolivia, Haiti, Iran and Nicaragua. Protests against elitism are seen in the UK (over Brexit), and against state repression in Greece. “Othering” protests have occurred in the US, Italy, Hungary, Greece and South Africa, among other places. Interestingly, the majority of contemporary protests are not strictly economic (structural) in nature, but instead concentrate on superstructural factors such as the behaviour of government, restrictions on voice and representation and/or the vainglorious impunity of socioeconomic elites.

Often, such as in Chile, the protests begin as one thing and morph into another (starting out as protests against economic policy and conditions and then adding in protests against heavy handed state repression). The more new actors join the original protestors, the more likely the protests themselves will adopt a heterogenous or hybrid nature. That also extends to the tactics employed: while some protesters will choose passive resistance and civil disobedience as the preferred course of direct action, others will choose more confrontational tactics. The precise mix of this militant-moderate balance is determined by the prior history of protest and State repression in a given society (see below). The idea is to clear space for a peaceful resolution to the dispute with authorities, something that may require the use of confrontation tactics in order for authorities to accede to moderate demands. Remember: in spite of the language used, the protests in question are not part of or precursors to revolutionary movements, properly defined. They are, in fact, reformist movements seeking to improve upon but not destroy the status quo ante.

In recent times the emergence of leaderless resistance has made more difficult the adoption of a coherent approach to direct action in which moderate and militant tactics are used as part of a unified strategy (or praxis) when confronting political authorities. This is an agent-principal problem before it is a tactical problem because there is no core negotiating cadre for the protest movement that can coordinate the mix of moderate and militant actions and speak to the authorities with a unified voice and grassroots support. Under such conditions it is often difficult to achieve compromises on contentious issues, thereby extending the period of crisis which, if left unresolved by peaceful means, can lead to either a pre-revolutionary moment or a turn towards hard authoritarianism. That again depends on the society, issues and history in question.

Santiago, Chile, November 2019.

Introduction of new actors into mass protest movements inevitably brings with it the arrival of criminals, provocateurs, third columnists and lumpenproletarians. These seek to use the moment of protest as a window of opportunity for the self-entered goals and use the protest movement as a cloak on their actions. These are most often the perpetrators of the worst violence against people and property and are those who get the most mainstream media coverage for doing so. But they should not be confused with the demographic “core” of the movement, which is not reducible to thugs and miscreants and which has something other than narrowly focused personal self-interest or morbid entertainment as a motivating factor.

The type of violence involved in mass collection action tells a story. Attacks on symbols of authority such as monuments and statues, government buildings or corporate entities general point to the direction of discontent. These can range from graffiti to firebombing, depending on the depth of resentment involved. Ransacking of supermarkets is also a sign of the underlying conditions behind the disorder. Destruction of public transportation does so as well. Attacks on security forces in the streets are a symbol of resistance and often used as a counter-punch to what is perceived as heavy handed police and/or military responses to peaceful protest. In some societies (say, South Korea and Nicaragua) the ability to counter-punch has been honed over years of direct action experience and gives pause to security forces when confronting broad-based social protests.

On the other hand, assaults on civilians uninvolved in security or policy-making, attacks on schools or otherwise neutral entities such as sports clubs, churches or community organisations point to either deep social (often ethno-religious) divisions or the presence of untoward elements hiding within the larger movement. Both protest organisers and authorities need to be cognisant of these differences.

In all cases mass protests are ignited by a spark, or in the academic vernacular, a precipitating event or factor. In Bolivia it was president Morals’s re-election under apparently fraudulent conditions. In Chile it was a subway fare hike. In France it was the rise in fuel prices that sparked the Yellow Vest movement that in turn became a protest about the erosion of public pension programs and and worker’s collective rights. In Ecuador it was also a rise in the price of petrol that set things off. In Hong Kong it was an extradition bill.

One relatively understudied aspect of contemporary protests is the broader cultural milieu in which they occur. All societies have distinctive cultures of protest. In some instance, such as Hong Kong, they are not deeply grounded in direct action or collective mass violence, and therefore are slow to challenge the repressive powers of the State (in the six months of Hong Kong protests three people have been killed). In other countries, such as Chile, there is a rich culture of protest to which contemporary activists and organisers can hark back to. Here the ramping up of direct action on the streets comes more quickly and involves the meting out of non-State violence on property and members of the repressive apparatuses (in Chile 30 people have died and thousands injured in one month of protests). In other countries like Iraq, pre-modern sectarian divisions combine with differences over governance to send protests from peaceful to homicidal in an instant (in Iraq over 250 people were killed and 5,000 injured in one week of protest).

Just like their are different war-fighting styles and cultures, so too are their different protest cultures specific to the societies involved.

The differences in protest culture, in turn, are directly related to cultures of repression historically demonstrated by the State. In places like Hong Kong there has been little in the way of a repressive culture prior to the last decade or so, and therefore the Police response has been cautious and incremental when it comes to street violence (always with an eye towards what the PRC overlords as well as Hong Kong public will consider acceptable). In Chile the legacy of the dictatorship hangs like a dark shadow over the security forces, who themselves have enjoyed a considerable degree of autonomy from civilian oversight in the years since the transition to democracy (in what can be considered, along with the market-driven macroeconomic policies that favour the dictatorship’s economic supporters, another authoritarian legacy). In places like Egypt the repressive response is predicated on belief in the utility value of disproportionate force: any demonstration, no matter how peaceful, is met with degrees of (often extra-judicial) lethality so as to serve as a lesson and set an example for others.

The way in which state security organisations respond to protests is also a function of the degree of security sector coherence. Issues such as inter-service rivalries, factional disputes within the armed services, different perspectives on civil-military relations and standards of professional autonomy all factor into if and how those charged with the management of organised violence will respond to differentiations types of protest.

It is therefore in the dialectic between social protest and State repressive cultures where the physical-kinetic boundaries of collective mass action are drawn. Some societies are restrained or “polite” and so too are their notions of proper protest. In others, the moment for restraint ends when protests begin.

Underlying different approaches to contemporary protests is the issue of consent and toleration, or more precisely, the threshold of of consent and toleration. Basically popular consent is required for democratic governance to endure and prosper. Consent is given contingently, in the expectation that certain material, social and political thresholds will be met and upheld by those who rule. When the latter fail to meet or uphold their end of the bargain, then consent is withdrawn and social instability begins. Although it is possible for consent to be manipulated by elites, this is a temporary solution to a long-term dilemma, which is how to keep a majority of the subjects content with their lots in life over time?

Contingent mass consent also depends on a threshold of toleration. What will people tolerate in exchange for their consent? The best example is the exchange of political for economic benefits in dictatorships: people give up political rights in order to secure material benefits. But the threshold of toleration is often fragile and unstable, especially when grievances have been festering for a time or demands have repeatedly gone unmet. When that is the case the spark that precipitates the withdrawal of mass contingent consent can be relatively minor (say, defeat by a national football team in a World Cup or the assassination of an innocent by the security forces).

Each society develops its own threshold of contingent consent and toleration. What people will tolerate in Turkey is not the same as what people will tolerate in New Zealand (assuming for the purposes of this argument that Turkey is still a democracy of sorts). In fact, the very basis of consent differ from society to society: what Turks may consider acceptable in terms of material, social and political conditions may not be remotely acceptable to the French. Even outright authoritarians need to be conscious of the threshold of consent and toleration, if not from the masses then certainly from the elites that support them. But that only adds to their governance dilemmas, since pursuit of elite contingent consent can bring with it an intolerable situation for the masses. At that point the cultures of protest and State repression will come into play.

Ultimately, the current age of protest is the product of a global crisis of governance. Belief in the combination of market capitalism and democratic forms of representation as the preferred political-economic combination has eroded significantly. Rapid demographic and technological changes, increased income inequalities and other pathologies associated with the globalisation of production and exchange have undermined the notion that a rising tide lifts all boats under liberal democratic conditions. Authoritarians have increasingly filled the void both in countries that have democratic traditions as well as those that do not. Using the power of the State, they propagate fear-mongering and scapegoating between in- and out-groups in order to consolidate power and stifle opposing views.

The irony is that the turn to authoritarianism may be seen as the solution to the crisis of democratic governance, but it is no panacea for the underlying conditions that produced the current wave of protest and in fact may exacerbate them over the long term if protest demands are repressed rather than addressed. If that is the case, then what is currently is a global move towards reformism “from below” could well become the revolutionary catharsis than recent generations of counter-hegemonic activists failed to deliver.

That alone should be reason enough for contemporary political leaders to study the reasons for and modalities of the current wave of protests. That should be done in an effort not to counter the protests but to reach compromises that, if not satisfying the full spectrum of popular demands, serve as the foundation for an ongoing dialogue that reconstructs the bases of consent and toleration so essential for maintenance of a peaceful social order. It remains to be seen how many will do so.

The rot at the top (2).

datePosted on 16:14, October 15th, 2019 by Pablo

Thanks to a report from the Acting Inspector General of Intelligence and Security following a complaint by Nicky Hager, we have come to find out that the SIS illegally spied on Mr. Hager on behalf of the NZDF after publication of Hager’s 2011 book, Other People’s Wars. The NZDF justified its request by arguing that it was investigating potential espionage, although it turns out that it was actually looking for the NZDF source of leaks to Mr. Hager. This occurred when John Key was the Minister of Intelligence and Security, Warren Tucker was SIS Director and LTG Rhys Jones was Chief of the NZDF . Did the SIS and NZDF go rogue or were these individuals aware of the spying?

It seems hard to believe that none of these people were unaware of what their subordinates were doing. The NZDF request might have been accepted as a tasking under the partner agency agreement whereby the SIS assists other government agencies when and where needed. But for this to happen the Commissioner of Warrants or the Minister of Intelligence and Security would have to have approved the request. So the question is: did this happen? Was the request, while done through proper channels, truthful in its justification or was the warrant signed under false pretences? Or, did the NZDF and SIS agree to monitor Mr. Hager’s phone records without authorisation from above? If so, who authorised that action? Mr. Tucker and LTG Jones? Some mid level managers in the NZDF and SIS?

It should be noted that this unlawful spying occurred before the Police illegally searched Mr. Hager’s home and accessed his bank and phone records after the publication of his 2014 book, Dirty Politics. Here too we have the question of who, exactly, authorised the intrusion: the Minister of Police? The Police Commissioner? Someone below that rank? A friendly Justice of the Peace? Was the illegal Police access–again, supposedly to find the hacker called Rawshark who leaked to Hager a rightwing attack blogger’s emails and social media communications–a follow up or in any way connected to the previous NZDF/SIS investigation? After all, security agencies share information even after investigations are concluded or cases closed, so it is not inconceivable that the SIS file on Hager was forwarded to the Police once they opened their investigation into Rawshark’s identity. Ironically, the Police ended up with the same result as did the SIS when looking for Hager’s sources: nothing.

After the Acting IGIS issued her report, the Director General of Security (head of the SIS), Rebecca Kitteridge, issued an apology to Mr. Hager, seven years after the fact. But apologies are not enough. Punitive sanction must be meted, however retroactively, on those who ordered the spying in both the NZDF and SIS as well as those in cabinet who may have been aware of it. Will that ever happen? It is for the current Labor-led government to decide, which means that it needs to seriously think about yet another official Inquiry.

This may seem tedious and burdensome on the taxpayer, but it is now pretty clear that there is a systematic pattern of abuse of authority in the NZ security community. In the last ten years the Police, GCSB, NZDF and SIS have all been found to have committed unlawful acts against NZ citizens and residents. Little to nothing has been done to address, much less correct these institutional excesses, so the opportunity is ripe for a calling to account from those involved. Once the inquiries into Operation Burnham and Christchurch terrorist attacks are finalised and their reports submitted, that can be used as a starting point for a fuller inquiry into what I have previously labeled the “culture of impunity” that pervades the repressive apparatus of the NZ State.

As things stand and unless an investigation is launched into the mechanics of these unlawful and illegal acts, those who ordered the spying are likely to go unpunished. The maximum penalty for the SIS breaking the law is a $5000 fine for the agency, not any individuals employed in it. Key, Jones and Tucker are all retired and unlikely to receive any a posteriori punishment. So unless there is an investigation and subsequent law changes that hold people strongly (and retroactively) accountable for ordering or facilitating illegal acts committed by security agencies, impunity will endure and the institutional foundations of NZ democracy continue to be corroded from within.

The end of small “d” democracy?

datePosted on 12:11, September 29th, 2019 by Pablo

As a part of the second generation of “transitologists” interested in the causes, processes and consequences of political regime change, I was exposed to a considerable amount of writing on democratic theory and practice. After all, if one is going to study the reasons for democratic collapse, authoritarian rise and fall and the re-emergence, restoration or first appearance of democracy, one should have a pretty good grasp on what democracy is and is not. In recent years the theme amongst third and fourth generation transitologists includes the unfortunate subject of democratic decline, something that is global in nature and has been evident in mature as well as relatively nascent or immature democracies over the last decade or so.

In a book that I wrote about the relationship between the State, organised labour and capitalists in Argentina, Brazil and Uruguay in the transition from dictatorship to democracy in the 1980s, I used my understanding of democratic theory to break down what it looks like in practice. I distinguished between procedural democracy, which is the (electoral) means by which incumbents of political decision making positions are selected, and substantive democracy, which are the institutional, social and economic dimensions underpinning the procedural level and which gives it intrinsic merit.

Without going into the type of detail that a 400 page book carries in it, it is at the substantive level where small “d” democracy signs in. Large “D” Democracy basically refers to the procedural and institutional bases of a particular form of elected political representation–rule of law, separation of powers, universal franchise, horizontal and vertical accountability etc. Although there is overlap with the institutional dimension, small “d” democracy refers to societal and material traits that are inculcated in a politically organised collectivity–a polity, in other words–and which have the potential to become self-reproducing. Over time, concepts like equality, fairness, consensus and consent, mutual respect, toleration and compromise move from being ideals or notions about the proper social order to being baseline characteristics of small “d” societies. These values do not just inform collective decision-making at all levels. They imbue individual behaviour with a personal ethos grounded in them.

In short, the substance of democracy is ideological, which determines the values upon which its institutions and procedures are founded.

Entire careers have been made studying the procedural and institutional bases of democratic political systems. Electoral analysis, polling, constitutional law, legislative studies, party politics, executive relations with the judiciary and legislature–all of these fields (and more) have focused on the mechanics, interactions, processes and personalities involved in the formal side of big “D” Democracies. They assume away, ignore or take for granted that their subjects are underpinned by an ideological foundation grounded in collective agreement on behaviour and representation. This misses a fundamental aspect of the social construct known as democracy.

Put another way, focusing on the procedural-institutional aspects of democracy without considering its substantive dimensions is akin to studying a hollow shell.

Consider this: we repeatedly hear about the importance of the “rule of law,” that no person is above the law and that democracies are founded on laws, not people. But a universal law prohibiting people from sleeping on park benches in fact only prohibits some people from doing so. The practical impact of universal laws, to paraphrase Gramsci, descends through a complex tissue of class, racial, ethno-religious, gender and other vulgarisations on its way to becoming enforceable edicts, with the effect being that law enforcement is often non-universal or discriminatory in nature. In order for universal laws to be universal in application, there needs to an underpinning consensus that they be so regardless of circumstance.

That is where the substance of democracy–its ideological foundations translated into everyday social practice–matters. And that is also where the core problem of democracy currently lies.

International polling over the last decade or so shows a steady erosion in support for democracy and, more alarmingly, greater dissatisfaction with democracy amongst younger people. The erosion of support for democracy is linked to the emergence of elected authoritarians like Dutarte, Bolsonaro, Orban and Erdogan, but also in the rise of the Alt-Right and various nationalist populist movements across the globe. The problems of of democracy appear to be both institutional and ideological.

Institutionally, most advanced democracies display signs of sclerosis. Lobbying, corruption, clientelism, patronage, gerry-mandering, vote-buying and voter suppression, rank partisanship and other pathologies have turned the institutional edifice upon which most current political democracies are perched extremely brittle. That has increased public cynicism and distrust about politics and politicians to the point that the disapproval is of the system as a whole, not just a few “bad apples.” That in turn has made contemporary democracies susceptible to manipulation by external actors using disinformation and psychological operations campaigns in order to exploit social cleavages and further sow divisions from within, knowing that these will be reproduced rather than ameliorated by the political class.

The problem is compounded by the elimination of what used to be called civics education in secondary schools. Replaced by non-critical “social studies” programs that fail to address both the structural and ideological bases of democracy, recent generations of students have no real grasp on what democracy entails. Among the worst areas of confusion are the notion of “rights,” especially with regards to the comparative rights of majorities and minorities and the exercise of freedom of speech. This occurs against a backdrop of increased vulgarisation of social discourse at all levels, so what used to pass as informed debate on contentious issues has now descended into shouting matches and ad hominem attacks from the halls of parliament to local board meetings, ratepayer assemblies and a host of community AGMs ( I write this as I am in the process of filling out my local government voting papers and in light of what I have seen and heard about recent “meet the candidate” events).

More broadly, the focus on rights without regard to responsibilities ignores the mutual second best trade-offs that lie at the core of democratic social culture. To recall: in a democracy no one gets everything they want all of the time but everyone gets some of what they want most of the time, with the guarantee of being able to revisit contentious issues at regularly scheduled intervals (politically, in the form of elections and referenda). That is the core of small “d” democracy: acceptance and reproduction of the values of toleration and compromise based on notions of quality and fair play.

That is the crux of the matter. Large “D” Democracy persists in that it has a procedural and institutional facade with much history and to which much attention is paid. But it is substantively corroded from within and without, and worst yet, it lacks the ideological glue that would allow it to continue to survive as a genuine political alternative to various forms of authoritarianism.

Therein lies the the problem. From politicians to institutions to individuals, the small “d” value system that once sustained big “D” Democracy appears to have diminished into a faint echo. What is left within big ‘D” Democracies is partisanship, opportunism and authoritarianism disguised as problem solving, “common sense” and freedom of expression. Rather than civic minded people of virtue interested in public service, big “D” Democratic politics is increasingly populated by charlatans, demagogues, self-interested grifters, con artists and hypocritical reprobates of various stripes.

With politicians acting in bad faith, partisan cleavages deepening, foreign actors (state and non-state) manipulating news and younger generations ignorant of what democratic values are and are not, it should not be surprising that as a cultural norm, small “d” democracy is on the wane.

Even so, there is room for hope. Things like student climate activism, Code Pink direct action campaigns and the spontaneous activities of a wide range of community groups are signs that there is a thirst for small “d” democracy around the world. But that requires returning to the notion of democratic values as a starting point for any discussion about collective action, political participation and interest group representation. It requires confronting undemocratic bullies who lead local government bodies and volunteer organisations as well as those in the halls of parliament. It needs, in other words, a re-appreciation of the basic social value structure that overrides collective and individual egotism and which forges fresh horizontal solidarity ties between groups as well as their vertical ties to political representatives.

That is a matter of education, not politics.

The rot at the top.

datePosted on 11:46, September 20th, 2019 by Pablo

When military leaders cover up and lie to elected civilian authorities, the foundation of democratic civil-military relations is undermined because it is those authorities who are entrusted to hold the military accountable to the public that they mutually serve. But this is only true if civilian political authorities take their responsibilities seriously and accept that when it comes to military operations the policy buck stops with them.

The same is true for intelligence agencies in democracies. While specific operational details remain within the agencies involved, the general policy guidelines for how they conduct those operations, and the responsibility for them, rests with a) the legal framework governing their activities and b) the elected civilian governments that are their overseers at any given point in time. For both the military and intelligence community, this means exchanging corporate or institutional autonomy-that, is, the ability to set internal standards, practices and objectives free from political interference–in return for submission to civilian political authority on broad matters of policy and accountability.

In recent weeks we have discovered, thanks to the Inspector General of Intelligence and Security’s report on NZ involvement in the CIA-operated extraordinary rendition/black site/torture program, that the NZSIS and GCSB received and supplied information that was directly linked to detainees who were subject to torture by the US and other allies in the coalition fighting al-Qaeda and the Taliban. The directors of these agencies at the time claim that their agencies did not know about the program even though they worked hand-in-glove with the CIA in Afghanistan and elsewhere and even though knowledge of the extraordinary rendition/black site program and the use of torture was in the public domain as early as 2004. From what is described in the IGIS report, it appears that NZ intelligence bosses had their own version of “don’t ask, don’t tell” when it comes to what the US was up to. As Richard Woods, former NZSIS director general, is quoted as saying in the IGIS report (I paraphrase here), “do you really expect us to ask the US directly about such things and risk our relationships with it?”

When confronted about this discrepancy by the IGIS the former directors maintained the high-ranking government ministers of the day were privy to all of the sensitive information regarding NZ’s intelligence relationships and that as agency directors they had no authority to engage in moral, ethical or legal judgements about what their allies were doing even if these actions violated NZ and international law–all while maintaining that they knew nothing about unmarked airplanes, black sites, torture and suspects being captured (including by the SAS) and then “disappeared” into the covert operations labyrinth.

That broaches the question as to whether former directors Richard Woods and Warren Tucker are simply lying (former GCSB chief Bruce Ferguson was a late arrival to the events under investigation and inherited his situation from Tucker) and prefer to put NZ intelligence relationships with the CIA ahead of their supposed duties to the NZ government and nation as a whole. Or, did the governments of the day, led by Helen Clark and John Key, know about the extraordinary rendition/black site/torture program and authorised and covered up NZ participation in it? It should be noted that Barack Obama ended the extraordinary rendition/black site/torture program shortly after he assumed presidential office in January 2009, so the bulk of NZ’s involvement with it happened under the 5th Labour government.

With regards to the NZDF, thanks to the book “Hit and Run” by Jon Stephenson with Nicky Hager and the ensuing Royal Commission of Inquiry into Operation Burnham (the subject of the book), we now know that the military brass did not inform (at best) or mislead (at worst) senior government officials about the possibility of civilian deaths in that mission until news of it became public (again, mostly thanks to the work of Mr. Stephenson in his series on NZSAS activities in Afghanistan). The NZDF story constantly changed as more was revealed, and the Inquiry has now found out that a critical NZDF document recognising the possibility of civilian deaths was “lost” in a secure safe for three years and that a register of who opened and closed that safe during that time frame somehow went undiscovered until this week. Former ministers in the Key government, which was in office when the mission was conducted, maintain that they were unaware of the existence of anything that would contradict the original NZDF version of events, which claimed that only “terrorists” were killed.

That raises a profoundly disturbing possibility whichever way the truth falls in each case. On the one hand, it would appear that senior NZ intelligence and military officials do not inform and in fact cover up controversial operations that occur under their watch. The civilian authorities to whom they ostensibly answer to in the division of labour that constitutes the foundations of democratic civil-military/intelligence relations are deliberately left in the dark. This suggests a level of arrogance and sense of imperiousness that is inimical to democratic governance because there is no regard for personal or institutional accountability embedded in their decision-making. They simply do as they see fit and lie about it afterwards.

On the other hand, it is possible that military and intelligence officials respect the concept of civilian political authority and inform governments of the day of everything that they are doing, including when things go wrong or unpleasant compromises are made in the interest of national security. This can be considered to be a variant of the “no surprises” policy in which governments are informed apriori of controversial decisions so as to not be caught off-balance when said decisions become news. If that is the case, then political managers shoulder responsibility for the policy decisions under which the NZ intelligence community and NZDF operate, including taking the blame when things go wrong or uncomfortable facts are revealed about what NZ security forces are doing at home and abroad.

However, it appears that in NZ there is not only a variant of “don’t ask, don’t tell” operating in the intelligence community, but it is attached to a civilian political management approach whose operating premise is “don’t want to know.” That is, civilian political authorities display willful ignorance in an effort to maintain plausible deniability when things go wrong or prove politically fraught. That may be expedient over the short term but abdicates responsibility when it comes to civilian oversight of the military and intelligence community, thereby tacitly encouraging military and spy agency impunity during and after (often lethal) operations.

Coverage of the Royal Commission on Inquiry into Operation Burnham has focused on the supposed incompetence of senior NZDF officers when it came to document security and disclosure. “Incompetence” is the most generous interpretation of what was at play here. “Conspiracy based on deliberate and coordinated lies and misrepresentations authorised from the top” is an alternative interpretation. The questions now are: which of these two interpretations seems more plausible and will anyone be held to real account in any event? Surely, if the government of the day was deliberately lied to or mislead by the NZDF and was not complicit in the coverup, then there is criminal liability involved.

The same goes for the intelligence agency chiefs who say they did not know what their subordinates were doing during the years in which the CIA-operated extraordinary rendition/black site/torture program was running. If they lied to their political masters about what they knew, then there should be consequences for that even if it has taken time to uncover their deception. If the political authorities at the time knew about NZ intelligence community involvement in the program, that should become a matter of public record even if little can be done in terms of retroactively applying punitive sanctions on their behaviour..

Not to put too fine a cynical point on it, but perhaps there is another hand at play in both instances. The IGIS report on NZ involvement with the CIA extraordinary rendition/black site/torture program speaks at length about managerial misadventure in the NZSIS and GCSB and even “naivety” in the discharge of their duties (when was the last time anyone ever heard the word “naive” associated with spy agencies?). The Inquiry into Operation Burnham has heard about “mistakes” and “oversights” on the part of NZDF senior leaders. It would seem that the common denominator in both is incompetence rather than wilful or deliberate circumvention of ethical norms, legal obligations and constitutional responsibilities.

Could it be that “incompetence” is the ultimate “get out of jail” card for public servants found to have failed in the discharge of their basic obligations and responsibilities?

The coming resource war.

datePosted on 16:11, September 10th, 2019 by Pablo

During my time in the Pentagon I had the privilege of sitting down with military leaders and defence and security officials from a variety of Latin American nations. Sometimes I was present as a subordinate assistant to a senior US defence department official, sometimes as part of a delegation that included people from the State Department and other agencies, and sometimes I was on my own or part of a small team exploring avenues of dialogue or negotiating details of bilateral and multilateral agreements.

One of the more interesting meetings I had was with small group of senior Brazilian military officers led by the then number two officer in the Joint Staff of the Armed Forces (which answers to the Brazilian Ministry of Defence, in an arrangement similar to that between the US Department of Defence and the Joint Chiefs of Staff but with a more vertical hierarchy within it based on officer seniority between service branches). In that meeting I asked the Brazilians what they considered to be the greatest threat to their national security. The answer was astounding: “The pattern of consumption in the North,” said the senior Brazilian officer. Sensing my surprise, he went on to explain that emphasis on economic growth in Northern capitalist societies was causing the rapid depletion of their natural resources along with a host of other environmental problems. He even brought up, at a time when the subject was embryonic, the issue of “global warming,” noting that Brazil was starting to see the subtle impact of climatic shifts in its maritime and terrestrial environments.

I should briefly note, as an aside, that one of the interesting aspects of the Brazilian high command is that many senior officers do advanced post-graduate degrees in France, and tend to focus on public policy and politics. This is a bit different that many countries that send their officers to US or UK War Colleges for professional development and prefer not to have them study politics rather than things like public administration. Like the US, Brazilian officers hold lower-level degrees in “harder” subjects relevant to their military disciplines, but then go on to study at places like the Paris Institute of Political Studies (commonly known as “Sciences Po”). There they receive a distinctly non-US type of political science training, to include the philosophies of people like Althusser, Poulantzas, Foucault, Derrida, Levi, Glucksman, Proust, Aron and others not usually associated with the military enterprise and certainly not part of the standard post-graduate curriculum of US (or NZ) military officers.

With this in mind it should not be surprising that the Brazilians had a slightly different take on what constitutes threats to their national security. But then the general went on. He advanced the notion that eventually Brazil would find itself at war with Northern powers over control of the Amazon. He pointed out that once unchecked economic growth led to the degradation of Northern environments and depletion of natural resources above the equator, the great Northern powers would turn on the Amazon (and elsewhere, like Sub-Saharan Africa) in an attempt to continue their pattern of resource exploitation.

At that point the US admiral sitting next to me turned and said “dang, boy, I have not heard that one before.”

The Brazilian general was not assuaged or convinced by my protestations that the US would never go to war with Brazil over its natural resources. He was not mollified by my attempts to explain that the US would more likely partner with Brazil to preserve its sovereign assets. He told me that although he had no doubt that I was a sincere young fellow and had the ear of the administration that I served, nothing I said would be binding once the next administration arrived and even then, should the US try to negotiate a partnership agreement/treaty with Brazil on control of the Amazon, Brazil would reject it on grounds of foreign interference in its sovereign affairs.

That was in 1994. But the Brazilian view continues to this day.

I write this to provide context to the current discussion of wildfires in Amazonia and the differences between Northern powers and Brazil (or more precisely, the administration of Jair Bolsonaro) when it comes to how to handle the situation now and into the future. Bolsonaro, who calls himself the “Trump of Brazil” and who campaigned as “candidate machete” in rural parts of the country, is a climate change denying homophobe with vulgarian tendencies and unsavoury links to both criminal gangs and extreme right-wing groups, including those operated by paramilitary organisations and and ex-military officers (Bolsonaro is a former Army officer and son of an Amazonian miner). During the campaign and once in office he promised to roll back environmental regulations and those that protected endangered indigenous communities in the Amazon basin, who were already under siege from logging and farming encroachment in their traditional homelands. His promise to bulldoze the Amazon in order to promote economic growth on the way to great power status resonated with nationalists as well as foreign and domestic agricultural and logging conglomerates, who poured both open and dark money into his campaign.

Once Bolsonaro assumed office the practices of clear-cutting and slash-and-burning accelerated dramatically, something that when combined with prolonged drought in Brazil’s north and west contributed to the wildfires that as of yet remain unchecked in many places. Bolsonaro has accused environmentalists of deliberately setting fires to advance their agendas, has rejected some types of international fire-fighting aid (such as from the EU) and has launched into a war of words with the likes of French Prime Minister Macron (including rude comments about the Macron’s wife) in defence of what Bolsonaro claims are assaults on Brazilian sovereignty by foreign powers wishing to gain control over its natural resources.

This is where things get dangerous. The Brazilian military has as one of its national security pillars defence of its natural resources against foreign efforts to seize them in the face of increased environmental destruction. The Bolsonaro government supports clearing large parts of the countryside in the quest for more arable land for commercial purposes and is determined to resist foreign entreaties to reign back the deforestation policy in the interest of global climate sustainability. The scene is then set for armed confrontations between the Brazilian military and any actors (foreign or domestic) that may seek to use direct action to protect the rainforest and pantanal (the southwestern wetlands that extend to the Paraguayan and Bolivian borders). The threats are unlikely to come from state actors over the short-term and certainly not from Brazil’s neighbours, but over the medium to long term the possibility that resource wars might erupt over Brazil’s intransigence cannot be discounted.

In fact, Brazil ultranationalists are already spreading rumours that the unexplored hinterlands are being “infiltrated” by foreign forces, and the Brazilian Army has suspended participation of several Northern militaries in jungle warfare exercises over concerns that it is gives forward intelligence about terrain and Brazilian war-fighting capabilities (the Brazilian Army operates a world-renown jungle warfare school–CIGS– in Manaus, the capital of Amazonas state. The battalion prayer includes the following phrase: “If we perish defending the Brazilian Amazon, O God, allow us to do so with dignity and deserving of victory. Selva!” (“Jungle!” in Portuguese).

What is worse, significant elements in the Brazilian defence establishment categorically deny that the Amazon is at ecological risk or that it serves as the much vaunted “lungs of the earth.” The vehemence and xenophobic tone of their views is well captured here.

The fact that the Amazonian region is huge and relatively lawless contributes to the Brazilian military’s concern with exercising control over it. Without significant foreign enemies, the Brazilian Navy has placed great emphasis on its riverine capability, while the Army uses the presence of drug, people and weapons smugglers as a justification for conducting counter-insurgency and low-intensity warfare exercises in the far reaches of the basin, especially the border regions adjacent to Bolivia, Peru, Ecuador, Colombia, Venezuela, Suriname, French Guyana and Guyana. Such an extended land border (which also includes Paraguay and Uruguay) makes Brazilian geopolitical strategists acutely focused on staving off intrusions of any nature, so it is not surprising that Brazil has closed its border with Venezuela in order to staunch refugee flows fleeing the Bolivarian kleptocracy that passes for a government in Caracas (it has also closed its borders to Venezuelans trying to enter Brazil from other neighbouring countries).

The combination of a traditional continental geopolitical focus within the Brazilian security establishment, military concern that resource depletion elsewhere will lead to foreign attempts to steal or capture by stealth Amazonian resources, and the presence in presidential office of a demagogic nationalist-populist fixated on untapping those resources for Brazilian gain regardless of environmental consequence may prove explosive down the road should any international moves be made to limit Brazil’s ability to exploit what it considers to be its God-given gift of natural resource endowment.

Or, as that Brazilian general said to me 25 years ago, “the developed world has destroyed its natural resources on the way to becoming modernised industrial societies and now wants to deny Brazil the ability to do the same. We will not let that happen.”

I did an interview on the TVNZ Breakfast Show about the situation in Hong Kong. I tried to frame the issue as a collective action problem between two sides with very different end games. The video is here.

Because of time constraints we could not discuss the fact that the Hong Kong protests do not have a unified leadership that could lend coherency to the strategy and connection between tactics and that strategy. It also did not address the fact that the protestors have now moved to challenging the (HK) State’s monopoly over organised violence in the territory, which means that it is posing an existential threat to a core function of that State. Since the Hong Kong State has little more than police and intelligence agencies as its repressive apparatus, that means that further and more serious challenges to this monopoly will be met by a State that has far more coercive power at its disposal–the PRC.

I should have mentioned at some point that the interplay between hard-liners and soft-liners on both sides is crucial to a peaceful settlement. Only if soft-liners prevail on both sides will the solution be peaceful, but in order to have that happen the soft-liners will have to prevail within their respective camps. With hard core nationalists on both sides rejecting any form of compromise as a loss of face and demonstration of weakness, the stage is set for them to prevail. If they do the outcome will be bloody.

The soft-line opposition strategy is based on the fact that the PRC can wait a long time while gauging international reaction to immediate events in Hong Kong, added to the fact that provoking a violent PRC response erases what the Hong Kong hard liners aspire to deliver ( and those goals are indeed aspirational rather than deliverable). It remains to be seen if the principles understand this type of logic.

We also did not discuss the how the moderate-militant approach I mention in the clip has to be part of a larger incremental gains strategy whereby the protestors try to push a “two steps forward, one step back” agenda that sees them roll back various authoritarian initiatives while conceding on short term or relatively minor issues (perhaps including the extradition bill that sparked the current round of protests).

Nor did we discuss the fact that at the time of initial handover from the UK, the PRC was in no position to contest the terms of the agreement, especially those centred on the “One Nation, Two Systems” 50 year compromise. Nearly halfway into that process, it is clear that conditions have changed. Among other things, Hong Kong is no longer the source of GDP and international capital that it was for the PRC in 1997, having been eclipsed by mainland centres of commerce like Shanghai. This makes it less risky for the PRC to impose its will and accelerate the devolution process before the 50 year transition period ends in 2047. That puts it on a collision course with those in Hong Kong who want more rather than less autonomy when that time comes.

Finally, we did not discuss the fact that should push come to shove the protesters are on their own. For all the US bluster and the threats of trade sanctions against the PRC if it uses force to quell the protests, no one is coming to the rescue. Not the UK, not the EU, not NATO, not SEATO, not Taiwan, not blue-helmeted UN troops–nobody will do anything significant in their defence.

That means that there is a limit to what the protestors can achieve by pushing the protest envelope, since there will be no counter to the PRC use of force if and when it comes. Hence the need for the incremental gains approach mentioned above, and even that may be too little to stave off the eventual PRC takeover in 2047.

A question of focus.

datePosted on 10:12, August 1st, 2019 by Pablo

More complaints have been aired about the Royal Commission of Inquiry (RCICh) into the Christchurch terrorist attacks. These have centred on the perception that the RBICh has not paid enough attention to the Muslim community who were the targets of the attacks and the sole victims of them. Even though the Terms of Reference for the RCICh specified that it would establish liaison ties with representatives of the NZ Muslim community, many are unhappy with the way in which those have been put into effect. This is in spite of an initial outreach to the community via the Christchurch Muslim Liasion Group and then formation of a Muslim Community Reference Group (MCRG, via the RCICh’s Head of Community Engagement) that is scheduled to begin work this month.

The main objection appears to be that the Muslim community, as victims of the attacks, are not the central focus of the inquiry and therefore feel marginalised by the process even if organisations like the Islamic Women’s Council of New Zealand (IWCNZ) and Federation of Islamic Associations of New Zealand (FIANZ), as well as several prominent Muslims, have been consulted. This is a delicate and thorny concern that is difficult to resolve. What follows is an explanation of why that is so.

The terms of reference for the RCICh specify that it must do two things: determine how the killer planned, prepared and executed the attacks; and what state agencies did and did not do in the lead-up to the attacks that enabled or could have prevented them from happening. The relevant sections of the terms of reference are here (sections 2-4 of the Terms of Reference):

Purpose of inquiry and matter of public importance

The matter of public importance that the inquiry is directed to examine is—

(a) what relevant State sector agencies knew about the activities of the individual who has been charged with offences in relation to the 15 March 2019 attack on the Al-Noor Mosque and the Linwood Islamic Centre in Christchurch, before that attack; and
(b) what actions (if any) relevant State sector agencies took in light of that knowledge; and
(c) whether there were any additional measures that relevant State sector agencies could have taken to prevent the attack; and
(d) what additional measures should be taken by relevant State sector agencies to prevent such attacks in the future.
Scope of inquiry

In order to achieve its purpose, the inquiry must inquire into—

(a) the individual’s activities before the attack, including—
(i) relevant information from his time in Australia; and
(ii) his arrival and residence in New Zealand; and
(iii) his travel within New Zealand, and internationally; and
(iv) how he obtained a gun licence, weapons, and ammunition; and
(v) his use of social media and other online media; and
(vi) his connections with others, whether in New Zealand or internationally; and
(b) what relevant State sector agencies knew about this individual and his activities before the attack, what actions (if any) they took in light of that knowledge, and whether there were any additional measures that the agencies could have taken to prevent the attack; and
(c) whether there were any impediments to relevant State sector agencies gathering or sharing information relevant to the attack, or acting on such information, including legislative impediments; and 
(d) whether there was any inappropriate concentration of, or priority setting for, counter-terrorism resources by relevant State sector agencies prior to the attack.
Matters upon which findings are sought

The inquiry must report its findings on the following matters:

(a) whether there was any information provided or otherwise available to relevant State sector agencies that could or should have alerted them to the attack and, if such information was provided or otherwise available, how the agencies responded to any such information, and whether that response was appropriate; and
(b) the interaction amongst relevant State sector agencies, including whether there was any failure in information sharing between the relevant agencies; and
(c) whether relevant State sector agencies failed to anticipate or plan for the attack due to an inappropriate concentration of counter-terrorism resources or priorities on other terrorism threats; and
(d) whether any relevant State sector agency failed to meet required standards or was otherwise at fault, whether in whole or in part; and
(e) any other matters relevant to the purpose of the inquiry, to the extent necessary to provide a complete report.

As readers will observe, there is no specific mention of a Muslim-as-a-community focus, much less a victim-centred one. Instead, attention is on the killer and the State, with recommendations deriving from the above investigation lines focused on how state agencies can work better towards preventing such a thing happening in the future. The role of the MCRG is seen by the RCICh in that light–as witnesses adding to the testimonial trail about events leading up to the attacks.

This clearly is not the reasoning of those who think that the Muslim community should be placed front and centre in the RCICh’s concerns. It was never the intention of the RCICh to make them the centrepiece, and the announcement of the terms of reference and first minute issued by the RCICh noted that the MCRG was an advisory body only, limited in numbers, with members selected by the RCICh and therefore not entirely representative of the community as a whole. At that point people had the option of agreeing to accept invitations or not.

The top-down selection process by which the MCRG was constituted was bound to raise concerns about co-optation, and the unspecified limited number of group members reinforced the notion that the MCRG is going to be used as window dressing on a potential whitewash. On the other hand, given the demographic heterogeneity of NZ’s Muslim population and the political and personal rivalries that go with exercising collective representation for this type of membership, a bottom-up MCRG selection process in which a larger number of Muslim communities are represented would have been too time-consuming to organise and hold given the six month window that the RCICh has in which to prepare and present its report (due December 10).

Because a nation-wide leadership selection process involving all organised Muslim communities cannot happen given the time constraints, as national peak associations it seems reasonable that leaders of FIANZ and IWCNZ would participate in the MCRG. Perhaps recognised leaders of the mosques that were attacked will participate, along with representatives of Muslim regional or city organisations. The importance is that numbers of representatives remain manageable and that internecine rivalries are avoided in the discharge of their responsibilities as members of the MCRG.

I am not privy as to who is in the MCRG but can only hope that they are a representative cross-section of the Islamic community in Aotearoa.

Returning to the issue of focus, it was never contemplated that the RCICh would address issues of victim compensation or other post-event consequences. The main role of the MCRG is to provide testimony about how Muslim community security concerns were managed (some would say ignored) by State agencies (particularly but not limited to the Police and SIS), in the lead-up to March 15. There clearly is much to be said here and the MCRG would be well served to bring forth compelling witness accounts of the impact that the post-9/11 social and political milieu has had on them, both in the security realm as well as elsewhere in NZ society.

I have no doubt that some interesting light can be shed by the MCRG on how NZ security agencies handled complaints about threats to members of the Islamic community and their organisations, and I am willing to bet that the complaints and requests for assistance have been more numerous than what has been publicly acknowledged by NZ authorities and the mass media. I also believe that the Muslim community can speak at considerable length about the disproportionate official scrutiny that they have endured after 9/11 even though no Muslim has been charged, much less convicted of committing an act of ideological-driven violence in NZ before or since (with official scrutiny extending to acts of intimidation, extensive infiltration of mosques and sowing of distrust within targeted groups by the extensive use of informants).

Both of these backstories will be invaluable for the RCICh’s investigation into if and how, whether by acts of omission or commission, State agencies contributed to the multi-dimensional lapses–systemic, institutional and individual–that together constituted the collective “intelligence failure” that enabled the commission of this mass atrocity.

All of this assumes that the Inquiry will be conducted honestly, thoroughly and without a hidden intention to cover-up or whitewash. Some are skeptical that the process will lead to a full and truthful account of what happened. I beg to differ, at least in part. Having spoken to the RCICh myself, I can only say that those involved in conducting the inquiry acknowledge the limitations of their charter but appear committed to finding the truth and understand that their reputations would be poorly served if they were to do otherwise. I hope that I am not proven wrong.

Assuming that the process is honest, the two lines of investigation–of the killer’s actions and of state agencies’ roles in the lead up to the attacks–will establish the chain of causality that led to the murderous victimisation of over 100 people and their families. Once responsibility for what happened is established and lines of accountability (if any) determined within the State sector, then the easier it will be for those representing the victims of the March 15 domestic terrorist attack to demand redress from Crown entities whose negligence, incompetence or prejudice enabled in one way or another the commission of the event. To try and do otherwise within the confines of the RCICh confuses the process because it misplaces its immediate emphasis (which is supposed to be on the perpetrator, accomplices and potential enablers, including agents of the State) and detracts from its primary focus (which is to establish the how’s and why’s that led to the success of the attacks).

In other words, focus on the Muslim community as victims rather than as primary witnesses within the RCICh puts the inquisitorial cart before the horse and clouds the inquiry with concerns best addressed after its conclusion.

The real roots of Iranian “brinkmanship.”

datePosted on 12:47, July 21st, 2019 by Pablo

I have been unimpressed with Western corporate media coverage of the tensions involving Iran in the Strait of Hormuz. They repeat the line that Iran is the source of current tensions, that it is a major sponsor of terrorism, that it is hell-bent on acquiring nuclear weapons and threatening its neighbours and that it is playing a dangerous game of brinkmanship with its attacks on shipping in the Strait. I disagree with much of this, so allow me to explain why.

A few months back the Trump administration unilaterally withdrew from the Iranian nuclear control agreement (the P5+1 deal involving the US, UK, France, China and Russia plus Germany). Leaked diplomatic cables show that it did so manly because the Obama administration had signed it, not because it was a “bad deal” (in fact, the Iranians were upholding their end of the bargain and had complied with all international monitoring conditions). After withdrawing from the deal the US imposed a new round of tougher sanctions on Iran, with most of the bite coming from secondary sanctions on non-US based firms and organisations that do business with the Persian giant.

Let us be clear on this. The US unilaterally withdrew from a viable multinational agreement mainly because of presidential hubris, then unilaterally imposed sanctions not only on Iran but others who may wish to continue to commercially engage with it. The US sanctions are not supported by, and in fact are seen as illegitimate by many countries, including China, Russia and most of the countries in the EU. Yet, because the US has great economic weight, it can use the secondary sanctions in order to force international compliance with its edict.

Until recently the sanctions were not enforced by the military of any country other than the US. But on July 4 the Royal Navy stopped and seized an Iranian oil tanker off the coast of Gibraltar, arguing that it was transporting oil to Syria in violation of EU sanctions (the sanctions only apply to aviation fuel and only cover EU members, which Iran is not). The tanker’s proximity to the colony was fortunate in that Britain has limited autonomous power projection capability in the Middle East but does have a naval garrison on the Rock. So the seizure was as much due to opportunity as it was support for principle.

Iran warned that it would retaliate to this act of “piracy” and this past week it did by seizing two tankers, one of which was UK-flagged (the other was briefly detained and released). The owners of the UK-flagged vessel have not be able to contact it since it was boarded by Iranian Revolutionary Guard Corps (IRGC) commandos.

This follows on Iran recently shooting down a US drone over the Strait and the sabotage of four vesels in a UAE port and two merchant ships in international waters that have been attributed to the IRGC. Needless to say, this appears to demonstrate that indeed, a brinkmanship game is being played. But let us disaggregate a few facts.

The UK was informed of the Iranian tanker’s movements by the US, which asked that it be seized when it made the passage from the Atlantic into the Mediterranean. The May government complied even though Trump has repeatedly disparaged her and welcomed her ouster. The Iranians know that Teresa May is a lame duck and that Boris Johnson, her likely successor, simply does not have the stomach for a all-in confrontation with Iran when the Brexit mess is ongoing and the government is effectively paralysed on multiple fronts. To be clear: the UK is facing a crisis of governance and the Iranians know this. So any military counter has to come from somewhere else.

It certainly will not come from Europe, Asia or anywhere but the US. That is the rub. The Iranians know that Trump is a classic bully. All bluster and bravado but a coward at heart. When informed of the Iranian’s seizure he first uttered threats but then put distance between himself and the UK by saying that the US does not receive much oil that transits through the Strait and that other nations need to up their military patrols through it and the Persian Gulf if they want their vessels to be safe.

This signals that Trump does not believe that a US-Iran conflict would be existential or done out of necessity and that he does not see alliance commitments as universally binding. This gives him room to refuse UK requests for military assistance in getting the Iranians to resolve the stand-off on its terms. In doing so he effectively has thrown the UK under the bus as a reward for it doing the US bidding with regard to the Iranian tanker now tied up in Gibraltar. So much for that “special relationship.”

Although chickenhawk John Bolton, Trump’s National Security Advisor, is keen to shed other people’s blood in order to force an Iranian submission, Trump, like Johnson, does not appear to be inclined to do so. Besides his neo-isolationist proclivities, Trump has undoubtably heard from US military authorities that a conflict with Iran would make Afghanistan and Iraq look like a kindergarten party. The US military is stretched as it is, the US public is sick of constant war, a long election year is just beginning and no allies other than Israel and perhaps Saudi Arabia are going to be willing to join the US in a fight of its own making.

That is an important point to note. It is clear that for Bolton and other re-cycled neoconservatives like Mike Pompeo, the march to war with Iran is about regime change, not international commerce. US foreign policy elites have never gotten over the Iranian Revolution and the US embassy seizure in 1979, and the US military has since then had a prickly relationship with Iran in its regional sphere influence. US criticism of some of Iran’s more regressive policies as a reason to push for regime change holds little weight given its support for the likes of Saudi Arabia, and regardless of the theocratic nature of the regime Iranian elections are considered by international observers to be among the cleanest in the Middle East (thereby putting the lie to claims that Iran is as authoritarian as other regional autocracies).

The US push for war with Iran is therefore not grounded in concerns about international norms and the specifics of Iranian behaviour but in getting some measure of retribution for what some US elites feel was a great loss of face forty years ago and an ongoing reminder of US powerlessness in specific instances. The trouble for the likes of Bolton and Pompeo is that most world leaders understand their real motivations and so are reluctant to join their war-mongering bandwagon.

The Iranians know this. They know that they have Russia as a military partner and China as an economic lifeline. They know that any military conflict involving them will close the Strait for more than just the duration of hostilities. They not only have one of the largest militaries in the Middle East but they also have proxies like Hezbollah and allies like Syria who will join in what will be a multi-fronted asymmetric war of attrition against the US that will not be confined to the immediate region. They key is for Iran to isolate the US and a few allies in a manoeuvre-based military conflict that avoids short mass-on-mass exchanges and which over time inflicts political and military costs that become unbearable.

Although Bolton may believe in the rhetoric of “effects-based strategy” and therefore assume that any successful kinetic engagement between the US and Iran will be limited, short and intense, the problem with such assumptions is that the adversary may not subscribe to what is taught in US command and general staff colleges. I assume that US military planners understand this.

It is therefore very likely that Iran will get to exchange the British tanker for the ship detained in Gibraltar and that it will be able to continue to make the point that it has the means to disrupt commerce in the sea lanes adjacent to it. The latter is an important tactic for Iran because the price for it ending its maritime disruption campaign is a loosening of the US sanctions regime on it. Unless oil-importing countries step up their own naval protection of ships flagged by or destined for them (which brings with it the possibility of military confrontation with Iran), then they run the risk of economic slowdowns caused by fuel shortages, to say nothing of increased insurance costs and fuel prices as the impasse continues.

In short, it does not appear likely that the US is going to come riding to the rescue of non-US vessels anytime soon and yet will continue to demand that the world bow to its Iranian sanctions regime. Trump and his advisors may see it as a necessary hard choice for US allies but to them it is more likely to be seen as being placed in an untenable position.

Finally, it should be remembered that modern Iran has not engaged in an unprovoked attack on another country. Although it supports and uses irregular military proxies, it is nowhere close to being the sponsor of terrorism that several Sunni Arab petroleum oligarchies are. In spite of its anti-Israel rhetoric (destined for domestic political consumption), it has not fired a shot in anger towards it. Its strategic position in the Middle East is as strong now as it ever was. It has complied with the terms of the nuclear control agreement. It has good commercial relations with a wide variety of countries, including New Zealand. It therefore has no incentive to start a conflict even if it does have a strong incentive to turn the tables on the sanctions regime by demonstrating that imposing costs works in many ways and on more than just the targets of sanctions themselves.

It would be wise for Western leaders to put themselves in Iranian shoes when considering the security dilemma in the Persian Gulf, because if anything the root of the current tensions lies not in Tehran but in Washington, DC.

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