Category Archives: NZ Security

Against “courageous corruption” as Crown policy

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It should come as no surprise that I disagree with Chris Trotter’s latest piece about the Urewera raids. Don’t get me wrong — I think his assessment of the operational capability New Zealand police and intelligence services are correct. Their actions were strategically and tactically flawed, and they seemed to hold unrealistic expectations of the task they were undertaking. But some of the judgements Chris wraps around this argument are troubling to say the very least.

Not all of them. Some are fine: we need a competent security and intelligence apparatus, and the lack is something that should be rectified. Some are nonsense: a sophisticated left-wing propaganda network (where have they been these past two electoral terms?) and sleeper cells of “sympathetic journalists” (presumably not those who are shills for the corporate élite?). Some are merely distasteful. Others, however, are downright frightening, and the worst of these is the notion that the Crown should not be bound by its own laws when prosecuting dissident citizens.

Also lacking were the reliable media “assets” so highly prized by the British security services. Individuals to whom key elements of the Crown’s case … Where, for example, was the Crown’s equivalent of Wikileaks? Clearly no one was prepared to play the role of Private Bradley Manning by dumping all the evidence denied to the Prosecution on a suitably insulated and legally untouchable website.

Let’s not forget that some of this actually happened. Elements of the Crown case actually were leaked to the public, and some suppressed material was published in daily newspapers and was the subject of (unsuccessful) contempt proceedings.* Other elements, having been retrospectively ruled in by a court despite having been collected unlawfully, were used throughout the trial to create a prejudicial atmosphere around the trial.

Given those events, the argument here is essentially that the Crown didn’t leak enough evidence; didn’t act ruthlessly enough and was too heavily burdened with scruples to secure a “right” outcome. The call for an officer of the Crown to wilfully breach the very laws they have sworn to uphold, in the name of their own individual assessment of a complex situation, is extremely concerning. Having failed to conduct their evidence-gathering operations lawfully, and having failed to persuade a judge that, in spite of that, there was still a sufficient reason to admit all the evidence, the argument here is that the Crown should have taken an extrajudicial Mulligan.

When I started writing it this piece was considerably more personalised to Chris, and how his post seems to provide final proof of his degeneration from idealistic radical to authoritarian establishment curmudgeon. The reference in the title is to his now-infamous declaration that Labour’s breach of electoral law during the 2005 election campaign was justified inasmuch as it prevented a terrible counterfactual — a National government led by Don Brash — from coming to pass. I disagree with that argument on the grounds that the integrity of the democratic system as a whole is of greater importance than any particular electoral outcome, and I disagree with his argument regarding the Urewera 4 for the same reasons: the integrity of the justice system is of greater importance than the outcome of any given case.** But I don’t want to dwell on the personal; rather than trading extensive cannonades with Chris (again), I think there’s more value in covering my reasons for holding these views in principle, leaving aside the specific merits (on which we’re never going to agree), or whether I support the principals in either case.***

The first and most obvious argument against this sort of extra-legal recourse is: be careful what you wish for. If you want the Crown to leak, to cultivate sources in the media whom they can trust to run their propaganda for them, and to resort to whatever other means they might need to secure what you think is a “right” outcome, you’d better hope you always agree with them. If you don’t, eventually you’ll find yourself on the wrong end of it. The danger of this for the ideological left in Aotearoa should need little elaboration: almost all the authoritarian cards and most of the ruthlessness in playing them are in the hands of the various factions of the ideological right, and they are constrained more by norms of conduct and the need to appear to be less ruthless than they are than by black-letter law or constitutional barriers. These norms are quite robust, but they essentially all operate on the honour system: they persist because people observe them. If you break the law in the name of the rule of law, you erode the rule of law. If you destroy the village to save the village, you still destroy the village.

This leads into the second point: changing norms of Crown conduct, or what we might call “authoritarian sclerosis”. Norms that constrain what a government, the Crown or its agents may acceptably do are becoming more lax, and have been since shortly after 9/11, when the Terrorism Suppression Act that gave rise to the current farce was hastily passed. In the past two parliamentary terms this has continued to accelerate, partly as a consequence of hysteria around — and blurring of — activism and terrorism more generally. The government, by leave of an increasingly punitive and paranoid populace, can now impose disproportionate punishment on certain offenders via the “three strikes” regime, and indefinite “civil” detention of certain offenders. The infiltration of the security and intelligence apparatus into harmless activist groups such as those that agitate for animal rights has been well-documented in recent years. It has gotten to this point despite the fact that (Urewera case aside) the two most significant threats to our national security in the past decade have been an Algerian theologist who now makes kebabs in a food hall on Karangahape Road, and three Catholic pacifists with agricultural implements. The government can now amend or suspend almost any law or enact almost any measure it likes, with immediate effect and without meaningful judicial oversight, in the service of rebuilding Christchurch. There are laws on the books that shift the burden of proof of innocence for some types of copyright infringement from the accuser to the alleged offender. On US urging, the New Zealand police recently undertook expensive, unprecedented and legally risky operations against a foreign national who had apparently committed no serious crimes against New Zealand law, and it now seems increasingly unlikely that the case will amount to anything. The government may now spend beneficiaries’ money for them. They are are moving to require DPB mothers (and their daughters!) to use long-term birth control, and to force them to work when their youngest is just one year old. The latest proposal is to force beneficiaries to vaccinate their children, in violation of the fundamental right to refuse medical treatment. These latter policies of authoritarian sclerosis disproportionately affect Māori, who are already disproportionately impacted by the state’s historical use of its power via colonialism. I could go on, but you get the point: the door to the police state is not yet open, but it is creaking ajar. Those who benefit from opening it do not need agents of the left nudging that door wider for them, but they will gratefully accept it if some are willing to do so.

This is all bad enough in itself, but as well as eroding the norms of what is acceptable, authoritarian sclerosis makes it more difficult to erect robust black-letter or constitutional safeguards against undue exercise of power by the state over its citizens, making it more likely that the norms which are being undermined are all we will be able to rely on in future. Again: be careful what you wish for.

Perhaps more important than all of that, though, is the incentive that the Mulligan creates within the organs of the Crown responsible for implementing the policies outlined above. If you make excuses for underperforming or incompetent agencies, if you cut senior officials slack when they or their subordinates fail to discharge their duties adequately, when they bring into question the good standing of their departments; if you seek to tailor laws and regulations to them rather than requiring them to work within the existing bounds of proper conduct, then you produce agencies which are dependent on special pleading and special treatment. When you select against competence, independence, resourcefulness and strategic thinking by allowing “right-thinking” loyalty and patronage to thrive, you breed pampered inbred poodles reliant on favour from political masters, rather than vigilant, independent watchdogs of civil society.

Multiple layers of dysfunction contributed to the Crown’s failure to convict on substantive charges in the Urewera 4 case. They started with the drafting of the Terrorism Suppression Act, which Solicitor-General David Collins declared “unnecessarily complex, incoherent, and as a result almost impossible to apply”. Court interpretations giving the police permission to undertake surveillance operations that were later ruled illegal also contributed. Police culture and operational capability, and a lack of both strategic and tactical awareness also contributed strongly, and Crown Law’s failure to make best use of the meagre evidence that derived from those preceding actions was merely the last in a long chain of failures.

If you want to make a system stronger, the solution is to genuinely strengthen it, making it better, by having those agencies take their lumps and learn their lessons, by punishing failure and rewarding success; by staffing it with better people, better trained and with greater strategic vision. I want an intelligence/security and police apparatus and a justice system good enough that it doesn’t need to be oppressive to be effective. One that I can trust to keep society safe, and to not persecute me while doing so. That can’t happen if we erect a scaffold of legal or extra-legal privilege beneath the sagging edifice, pretend there’s nothing wrong, and call it a win. It didn’t work for the investment banks, and it can’t work here.

L

* Chief High Court Judge Randerson and Justice Gendall found that the publication had not “caused a real risk” of prejudice, so fair enough. But they also stated that “The breaches of suppression orders and the unlawful conduct of a major news organisation and a senior newspaper editor should have resulted in their prosecution” by the Police, and that the court was “at a loss to understand why these breaches were not prosecuted.” While they raised the point that the penalties for such breaches are risibly small, it’s also hard to avoid the conclusion that the Police were simply reluctant to punish actions that might have helped their case.

** In principle, there is a time for extrajudicial action, for exercise of the reserve powers or of the almost-limitless authority of the sovereign parliament, or for rebellion by the people. Desperate times may call for such measures. These are not such times.

*** For the record: Of course, I did not support the 2005 National party. I am satisfied with the Urewera 4 verdicts since they accord with what I know about the case, though I also would not have been averse to a retrial and an opportunity for them to clear their names more forcefully.

Leaving Bamiyan.

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It looks like the NZDF will pull out of Afghanistan next year, one year earlier than originally planned. According to the government the situation is so good in Bamiyan Province that responsibility for security has been turned over to local Afghan forces and the NZDF has downscaled its armed patrols as it concentrates on packing up. The Hazaris who populate Bamiyan are said to be happy with what the NZDF has done with the Provincial Reconstruction Team and will assist the UN and other international organizations in continuing the reconstruction work once the NZDF has left the theater. According to the NZDF and National government, the PRT experience in Bamiyan has been exemplary and is a model for such military-led reconstruction efforts in other future theaters.

But there appears to be wrinkle in this happy picture. Five Afghan translators who worked with the NZDF have unexpectedly approached Defense Minister Jonathan Coleman during a press junket to the PRT (which also saw MSM types like Garth Bray along for the photo op dressed nattily in body armor while posing in front of dusty military hardware and encampments). They did so to request political asylum. The translator’s approach was unexpected, which speaks to the NZDF not being aware of their intentions in advance of the Minister’s visit (which left him at loss for an answer since refugee issues are not part of his portfolio–not that such subtleties matter to Afghans). That suggests a failure in communication between the NZDF and the people it relies on to convey its message in Bamiyan, which is problematic because since one would assume that the relationship between the translators and their patrons would be close and trusting. That the translators kept their concerns a secret until the Minister arrived speaks to underlying differences between them and the NZDF command in Bamiyan.

The translators claim that they will be harmed or killed once the NZDF leaves Bamiyan. Eh? What happened to that much vaunted security situation? If the NZDF did such a good job and was well received by the locals, why would these men fear for their lives? More generally, did the NZ government give any thought to the post-withdrawal security concerns of its closest Afghan interlocutors? Did the NZDF command in Bamiyan flag any such concerns to the government? If the security situation for allied locals in Bamiyan is not as good as has been announced, did the NZDF or NZ government mislead the public as to the truth of the situation?

The translators want special consideration rather than wait for the UN refugee-granting process to take its years-long course (by which time, if their fears are true, they might well be dead). In other words, the translators want to jump the queue because of their extenuating circumstances. That puts the NZ government in a difficult position. If it denies their claim and tells them to get in line like everyone else, they might die as a direct and immediate result of their association with NZ troops. If they get favored treatment then it opens the government to accusations that it responds opportunistically and plays loose with the rules for granting political asylum.

The government has already caused itself a problem. Minister Coleman, caught off-guard by the request on what was supposed to be an easy Anzac Day-related “meet and greet” with the troops, said that NZ has a responsibility to the translators because of their service to the NZDF. That opens a can of worms, because if NZ grants the translators refugee status on special grounds, that sets a precedent for anyone else in Afghanistan who worked with the ISAF coalition to make similar claims based upon fears for their post-withdrawal security. Cooks, cleaners, drivers, translators, lovers–the list of people who could claim persecuted status based on their association with ISAF is bound to be long. NZ offering asylum to these men consequently becomes a thorny diplomatic issue not only with its ISAF coalition partners (who face the possibility of being inundated with similar requests), but also with the Afghan National Government that is supposed to be capable of guaranteeing security once ISAF is gone.

Whatever the decision on the translator’s request, the episode has raised more questions about conditions in Bamiyan than the NZDF appears willing to answer. One thing is certain. No matter what the outcome someone is bound to be left in the lurch, and that includes the NZ MSM types who failed to realize the full significance of what they witnessed when the translators were introduced to Mr. Coleman.

 

 

Which Way, Huawei? (With postscript).

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All internet architecture has the potential for use as a Signals Intelligence Intercept platform (SIGINT). Data mining already occurs at the mid-range of  IT frameworks, such as when Facebook collects personal information on users for consumer research (or more nefarious) purposes. Cell phones have GPS trackers, which requires software. The range of data-mining already at play in the commercial field is extensive. It therefore should come has no surprise that States also have an interest in data-mining, but for military, diplomatic and intelligence purposes.

If mid-level IT platforms such as FB and numerous other private agents can data-mine extensively with or without the consent of those whose personal information is being accessed, then it stands to reason that providing the basic support infrastructure for IT operations gives the provider even more opportunities at such. In a liberal market environment there are standards of conduct and protocols developed to restrict the unfettered access to private information. But what happens when a state capitalist enterprise is the provider of basic IT infrastructure?

In market capitalist systems the state serves the interests of capitalists by framing the legal and governance frameworks so as to encourage competition on an ostensibly level regulatory playing field. In state capitalist systems capitalists serve the interests of the state above and beyond their particular commercial interests. This is seen in European fascism, Latin American national populism, and in Asian developmentalism such as that of Singapore.

Huawei is the product of a state capitalist system. It was founded by and is led by former PRC intelligence officers. Although Huawei claims to be 100 percent employed owned, that is true only because the one-party authoritarian regime than rules China continues to maintain that it is Communist, which means that all employees are owners. Huawei has been designated as one of the seven national economic treasures that are considered to be essential strategic assets for Chinese power projection, and as such are subject to the strategic dictates of the ruling party. All of this is well known, and having independent local Huawei operators fronted by non-Chinese managers cannot disguise that fact, particularly when all of the components and associated hardware are engineered and made in the PRC.

The US and Australia have decided to bar Huawei from providing IT technologies to strategically important sectors of their IT markets. The US specifically excludes Huawei from any defense or security related contracts, and for that reason Symantec decided to sell its interest in Huawei USA. The Australians feel that their National Broadband Network (NBN) is too precious an asset to be opened to Huawei. They say they have their reasons, and that those reasons have to do with national security.

NZ has just signed off on several broadband infrastructure contracts with Huawei. The question is whether those responsible for the decision were aware of the US and Australian position and if so, why they choose to ignore it. The UK and Canada have allowed Huawei civilian IT contracts, which is important because they are part of the Echelon SIGINT and TECHINT network that binds the “5 eyes” parties together (along with the US, Australia and NZ). In the UK Huawei was awarded contracts for civilian IT, but that was followed by the government communications security agency running an extensive and costly forensics accounting of Huawei systems in order to ensure its cyber security, and even then cannot guarantee that the system is safe as far as covert “backdoor” entryways are concerned. This had something to do with the Australian decision.

95 percent of attempted probes into US corporate and security IT systems originate in the PRC. In the PRC all internet access is tightly controlled and monitored. Huawei is a leading provider of the IT systems used in the PRC, to include the firewalls used to censor foreign content and the tracking devices used to monitor internal dissent. Although all of this is circumstantial, this is the non-classified reason why US security agencies have decided that the company serves as a SIGINT front for the PRC. Add to that concerns about Huawei activities in foreign SIGINT gathering, and what you have is a reason to ban it from competing for security related contracts.

Of course, this could all be a corporate driven plot to preserve market share in the face of superior Chinese efficiency. Or, it could be racism. Or it could be part of the Trilateral Commission efforts to extend its world hegemony. I am agnostic on the exact reasons, but whatever they are, I sure do hope that someone in the National government was briefed by the GCSB and/or SIS on what they were. After all, as full intelligence partners with the US and Australia, one would think that these agencies would have received some of the classified details of why the US and OZ have their doubts about Huawei, and that these agencies would have dutifully reported to at least the Minister for Security and Intelligence, John Key, on the nature of these concerns.

Mind you, if the concerns about cyber espionage are true, I do not fault the PRC a bit for doing so. As an emerging great power with global economic interest and no intelligence sharing network such as Echelon on which to rely (unless one thinks that intelligence sharing with North Korea and Burma is a good counterpart to Western intelligence networks), then the PRC must–and I do mean MUST–develop its own human, signal and technical intelligence capabilities in the measure that its global interests grow. That is just the way the game is played in international security affairs.

The major sea lanes of communication between Latin American and Australasian primary good and raw material suppliers and the Chinese mainland pass through the South Pacific. It would therefore be remiss of the PRC not to seek to ensure the security of these vital channels, and one part of doing so is to have a better intelligence “grip” on what goes on in the countries through and in which they are situated. To put it in Brooklyn-ese: they gotta do what they gotta do because no one else is gonna do it for them.

That is why it would be helpful to hear a “please explain” response from Mr. Key on the matter.

Postscript: It turns out that as early as 2008 the concerns of NZ intelligence partners about Huawei were discussed in US embassy cables from Canberra (which were sent to the US embassy in Wellington, among other places). In 2010 the SIS and GCSB informed him that they could not guarantee that the broadband infrastructure would not be compromised if Huawei was awarded the UFB contract. For reasons as of yet unexplained, he choose to ignore the warnings. As it also turns out, India and South Korea have banned Huawei from critical IT infrastructure projects. Thus it seems that concerns about Huawei are not just a Western plot born of anti-Chinese xenophobia and a desire to protect market share for western businesses, but part of a wider conspiracy amongst China-haters of all stripes. Mr Key, however, is not one of those, and his meetings with Huawei executives at the 2010 Shanghai Expo is proof of that. (Note to readers: all of this has been discussed in the NZ mainstream media the past week, and the 2008 embassy cables were published by Wikileaks).

Labour’s new Tui Ad.

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Former Police Minister Annette King says that she and her cabinet colleagues were not informed about Operation 8 until the night before the dawn raids. She says this after stating that the Solicitor General advised the Police at the time to charge those arrested under the Terrorism Suppression Act, only to change his mind after the raids were completed.

Annette King expects us to believe that she, as Police Minister, had no clue about a police operation that was going to invoke the TSA for the first time, not against foreign terrorists but against a collection of well-known domestic dissidents with long histories with the Police. She expects us to believe that Helen Clark, the micromanaging, all-knowing Prime Minister and Minister for Intelligence and Security, had no clue about Operation 8 even though the TSA was used to justify the electronic surveillance of the suspects a year before the raids, that SIS assets were used to that end, and that the raids would be carried out on Tuhoe land as well as in cities (a delicate political issue, to say the least). She expects us to believe that Phil Goff, the Defense Minister, was clueless about the operation even though, as the foremost counter-terrorism unit in the country, the NZSAS could be called into action should the situation warrant (which would require some advance notice). She expects us to believe that the Combined Threat Assessment Group (CTAG) was not involved in the build up to the raids, or if it was, that this inter-agency task force did not inform any senior government minister until the night before the doors were kicked down. She wants us to believe that then-Police Commissioner Howard Broad, well known for his ties to the the Prime Minister, did not utter a word about who was targeted and why until less than 12 hours before the cops rolled.

She would like us to believe that with the possible exception of the PM, no one in the 5th Labour government was aware of Operation 8 until October 14, 2007. This, even though multiple agencies were involved and the lead-up  to the raids was over a year in the making.

Yeah Right.

 

 

Urewera Terror: epic fail

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Whatever your opinion regarding the Urewera Terror raids, you have to admit that the Police and Crown Law have failed.

The so-called “Urewera 4” were convicted on about half of the least-serious charges brought, and the jury was hung on the more serious charges of participation in an organised criminal group. The defendants may be retried on these latter charges, and they may yet be found guilty. But the paucity of the Police and Crown Law operation is pretty clear regardless.

Let’s put this in context. The Crown sought initially to lay dozens more charges against many more people than the four who eventually stood trial; leave to bring charges under the Terrorism Suppression Act was not granted, and most of the other charges were dropped after the Supreme Court ruled that the evidence upon which they were founded had been illegally obtained. A year of fancy intensive surveillance; an extreme and unprecedented police assault on an unsuspecting community, including violent treatment of old people and children; four and a half years of lawyering comprising the most expensive trial in New Zealand history, held almost as far from the homes of the defendants as is possible; leaks and publicity tactics designed to bring about a de-facto trial-by-media — and the best they convict on is Arms Act offences such as about half the adult male population of rural New Zealand would be guilty of at some time or other? This, we are supposed to believe, is Aotearoa’s finest at work.

Not only did they fail at the nominal objective of securing convictions, they totally failed at the personal, punitive motive of punishing Tāme Iti and shaming him before his people. Iti has been literally the face of Māori activism, at least since Hone Harawira took the institutional path, and it is impossible to see this trial as anything other than utu for his temerity in escaping conviction for previous acts of defiant political theatre, most notably shooting a flag at a Waitangi Tribunal hearing in 2005. By going in loud and heavy, attempting to show them uppity Māoris who was boss, the Crown set themselves an ambitious target: they had to actually show who was boss. By failing to convict him on the serious charges at a canter, they failed. Tāme Iti is now a celebrity. His mythology is greater than his deeds, except inasmuch as resisting such a legal and ideological onslaught with dignity is a significant deed in itself. He has, in the view of a significant minority of the population, been victimised by the system, and that victimisation provides proof of Crown oppression he had previously struggled to demonstrate. For the rest of the population, Iti represents a brown, tattooed bogeyman, an object of fear, and of loathing that ranges from mild to virulent depending on who you talk to. Iti isn’t standing for office, he doesn’t need to be loved by 50%+1; he just needs to engender fervent support among an active minority, and vague feelings of unease in the rest. Notoriety differs from fame only in its polarity. The Police and the Crown have granted Tāme Iti this sort of fame. He should probably thank them for it.

As if the particular and the personal weren’t failures enough, the Crown also failed at the strategic project of redefining “activism” as “extremism”. Despite all the preceding factors weighing in the Crown’s favour, that a heavily-vetted jury was split indicates that they have failed to blur this crucial distinction, and failed to reframe left-wing and Māori activism* as a threat to civilisation, rather than a legitimate expression of dissent in an open society. This suggests that, in spite of years of Police infiltration and surveillance, of decades of stigmatisation and propagandisation of groups from Ngā Tamatoa to Ploughshares to SAFE, in spite of the better part of two centuries of official attempts to elide the gulf between dissent and insurrection, the public doesn’t really buy it. The jury — and, I would suggest, the people of Aotearoa — quite like and value that distinction and although it is been somewhat eroded, there it remains.

For that finding alone, and regardless of the result of any retrial, yesterday was a good day.

L

* Māori and leftist because, let us not forget, the Right Wing Resistance are free to continue with their training camps and their pseudo-secessionist projects, unmolested.

Exaggeration as a prosecution strategy.

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Judging from the media coverage of the Urewera 4 trial, including video and audio evidence given by the Crown to the press, the prosecutorial strategy is quite clear. It consists of three interwoven strands that together offer a narrative about politically-motivated armed criminal conspiracy. The first is to say that the activities depicted in the evidence were serious military-style (paramilitary) training. The second is to characterize the exercises as, in the words of the Crown Prosecutor, “training for…guerrilla warfare,” something that implies a target and an objective. The third is to claim that this training constituted a clear and present danger to the New Zealand public, or at least to the political elite who the defendants in the alleged conspiracy commonly oppose. Although the usual sub judice protocols are said to be in place, selective  leaking of the video and audio tapes (whose legality is in dispute) helps the Crown backdrop its case, in a form of trial by media in which there is no right to rebuttal. The release of the audio and video evidence was done for prejudicial reasons, not because the Crown had to.

The problem for the Crown is that the video and audio evidence covertly collected by the Police suggest something less than dangerous proficiency on the part of Tame Iti and his activist comrades. There is no doubt that the camps had a paramilitary flavor to them. So do hunting camps, paintball competitions, male-bonding sessions and survivalist exercises. More tellingly, the video shows rank amateurism and indifferent commitment by the people involved.  As an example, Omar Hamed, an original defendant who is not on trial, is seen in close up video coverage looking like an excited 12 year old with his first rabbit hunting.22 (which was the actual weapon he was holding) as he stares directly but obliviously at a surveillance camera a meter away (which suggests a lack of situational awareness given that the Police claim that Mr. Iti repeatedly warned his activist colleagues to beware of “eyes and ears” on their activities). His pea shooter may or may not have been loaded. Mr Iti’s concerns, as it turns out, were justified.

In the video some people march purposefully and some shuffle listlessly and mill about while others converse and apparently shoot at unspecified targets. Some give instructions. Some wear balaclavas. A car bonnet is used to prop up a shot. There is rudimentary martial arts training seen in the video, but it is farcical given the skills of the people involved (in a creepy sidebar with relevance to this aspect, it is suggested in some quarters that Mr. Hamed is more dangerous to activist Left women than he is to the status quo). Audio of cluster fire (cluster fire is the overlapping of multiple shots from several weapons in order to saturate a target area) does not identify who was doing it or what they were shooting at, and the presence of spent cartridges under a pock-marked tree tells little in light of the amount of hunting that occurs in the Ureweras.

Frankly, I would be more concerned if the videos showed the activists on a boar hunt, slitting the throats of piglets while yelling “death to imperialism!” The activities shown are far from that and much more about make believe. From what I have seen, the NZ public have little to worry about from this crowd.

As I have said before, it is not a good look for anti-war, Maori and environmental activists to be playing at commando. But it is not a crime to do so–many other people do–so the prosecution’s case is built on a grand exaggeration. It attempts to show a level of competence, organization and training focus to the paramilitary exercises that simply was not there. If anything, the video evidence is an embarrassment to those in them, whether or not they had a political motive for being at the camps. That is curious because neo-Nazi groups do the same type of “training” with a better (yet pathetic) level of competence and a definite, publicly stated political goal of preparing for racial conflict, yet somehow have avoided being the subject of a Ruatoki-style Police response and four year Crown prosecution.

The Crown exaggerates its case not only to secure convictions but also to smear and deter. Mentioning the phrase “guerrilla warfare” indirectly introduces the word terrorism into the juries’ minds. By overlapping the two concepts the prosecution smears a certain type of Left activism with the dreaded “T” word. Even those not on trial–we should remember that all charges were dropped against  13 defendants–are tainted by their association with that word even though no formal charges of terrorism have been laid against any of them. The purpose of raising the specter of guerrillas in our midst is clearly to smear the defendants, but also to deter others on the Left who might wish to add paramilitary skills to their activist inventory.

The Crown imputes coherent motive to the defendants when it speaks of guerrilla warfare. It claims that it has evidence of such. But even if a common motive was established (perhaps hatred of “Da Man”), the inference is that this motive was focused on preparing to use armed violence against specific targets in pursuit of a unified goal. That is a stretch, not only because of the varied causes that the original group of defendants espoused, but also because of the clearly different levels of enthusiasm and combat skills they exhibit, none of which come remotely close to credible guerrilla organization and tactics.

Thus, from what the press coverage has been so far, the Crown prosecution of the Urewera 4 is much ado about nothing. The process is the punishment, because after four plus years of uncertainty, expense and de facto restrictions on their movements (some of the original defendants have been refused entry to foreign countries, which means that their names are on an international security list very likely provided by the NZ authorities), those on trial today, their Urewera colleagues and others on the activist Left (since the neo-Nazi Right appears to be immune) will think twice about making like Warriors even if this trial results in acquittals (the most likely case for conviction will be firearms law violations). Regardless of the outcome of the trial, in that regard the Crown prosecutors and the Labour and National governments that have overseen them will have won. Engaging in procedural delays, legal manipulation of charges and prosecutorial exaggeration is a successful Crown strategy regardless of the formal outcome.

That is the most troubling aspect of the entire affair. By stretching the definition of what constitutes a serious threat of domestic guerrilla warfare in order to prosecute a well-known group of Left-leaning fantasists (who may or may not have had wanna-be militant ambitions), in what appears to be a specifically targeted vendetta, the Crown has played loose with the basic rules of democratic jurisprudence. In doing so fairness and justice in the legal system has been sacrificed at the alter of political opportunity, which is a far worse outcome than the individual fates of the accused.

There may be new and alarming revelations to come that would substantiate the Crown’s case against the Urewera 4. But from where I sit, using what is currently in the public domain, this appears to be a prosecution based on malice, not facts.

 

Blog Link: The unspoken election issue.

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Given that foreign policy has rarely been addressed in this year’s election campaign, and then only briefly in the form of PR releases and sound bites rather than genuine debate, I used this month’s Word from Afar column at Scoop to point out why that is not such a good thing.

Is a Blue-Green Foreign Policy Possible?

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Discussion of potential coalitions stemming from the upcoming general election has largely avoided the question of foreign policy. Although the differences between Labour and National are more around the edges than at the core of New Zealand’s approach to international relations, there are some areas of significant difference, to which can be added the perspectives of the minor parties that might serve as coalition partners in a future government.

New Zealand First, Mana and the Maori Party have very little by way of foreign policy platforms, with the former adopting a mix of economic nationalism, anti-immigrant and neo-isolationist perspectives on New Zealand’s position in the world. Mana and the Maori Party’s focus on the defense of indigenous rights, with Mana  adopting a broad anti-imperialist agenda while the Maori Party seeks preferential benefits from foreign trade and investment. As a junior partner in the current National government, the Maori Party secured New Zealand ratification of the 2010 United Nations Defense of Indigenous Rights Convention (which had been opposed by the 5th Labour government), but has been silent on pretty much every other foreign policy issue.   For their part, personality-driven minor parties like United Future have no discernible foreign policy agenda.

Since the mid 1990s there has been a broad consensus on the part of the foreign policy elite with regard to New Zealand’s international relations. Labour and National agree on the trade-oriented and market nature of the New Zealand economy, as well as its general direction. They also agree on its non-nuclear position and support for multilateral resolution of international disputes. On security matters National has, as of the Wellington Declaration of November 2010, made New Zealand a first-tier security partner of the US, in both its military as well as intelligence-sharing dimensions.  Labour started the process of rapprochement with the US on security matters after  9/11, taking advantage of the fact that the US was desperate to enlist international support for its “War on Terror.” Sometimes beggars can be choosy, and the 5th Labour government took advantage of the window of opportunity presented by 9/11 to cultivate a security relationship with the US that had been dormant, apart from core intelligence sharing, since the 1980s. National has followed up by codifying the restored US-NZ security relationship in the Wellington Declaration. This includes closer Australian-New Zealand security cooperation under a US-centric  strategic perspective.

The trouble for Labour and National is that both also want to expand into non-traditional, non-Western markets, particularly in China, Southeast Asia and the Middle East. The minor contradiction is that all of these regions have current and potential trading partners that are authoritarian and habitual human rights violators, thereby giving lie to the stated New Zealand foreign policy goal of being a staunch defender of universal human rights. The bigger contradiction is that the major party approach to international security matters places Aotearoa on the horns of a diplomatic dilemma: its economic fortunes are increasingly tied to regions in which the US strategic perspective sees more rivals than partners. Again, China-US relations are instructive in that regard. By explicitly uncoupling security from trade with the Wellington Declaration, National seeks to split the diplomatic difference between larger strategic rivals, although this may result in a Melian dilemma rather than a bridge between new and traditional overseas partners.

Labour still exercises some discretion around the margins of the pro-US strategic alignment, such as stating that it will withdraw the SAS from Afghanistan rather than renew its deployment in March 2012 even if requested to do so by the US.  It also prefers a more flexible and UN-focused approach to international issues, whereas National is obsequious in its cultivation of US patronage. But on most core matters of foreign policy, National and Labour are reading off the same page.

This is where the potential coalition mix gets interesting. The most interesting possibility is that of a Blue-Green coalition between National and the Green Party. The Greens are poised to receive their largest vote ever. Although they would seem to be more natural allies of Labour when it comes to coalition politics, the Greens were burned by the Clark government on several policy matters such as the Zaoui Case, the Free Trade Agreement with China (and the content of trade agreements in general), deployment of NZDF troops abroad, security and intelligence legislation, human rights and environmental defense, animal rights and a host of other foreign policy issues. However, things may change now that Keith Locke is no longer the foreign policy and defense spokesperson for the Greens, and as I have said before, there is room for neo-realism in the Green foreign policy agenda.

Even so, National’s signing of the Wellington Declaration and extension of state powers of surveillance, detection, detention and control under the banner of countering terrorism is anathema to core Green principles.  To be part of a government that openly overlaps its security with those of the US (to include the possibility of entering wars of choice instigated by the US rather than limiting engagement in war to essential national defense or international peace-keeping), and which curtails basic civil rights in a liberal democratic setting where no serious security threat exists, cannot sit well with the Green rank and file. Selling out these principles to be part of a National-led government may well be a step too far even for the more pragmatic, second-generation leadership that controls the party (which has seen most of the original “red” cadre of which Keith Locke was part leave politics).

But it may not be. If the Greens can extract concessions around the margins of the the foreign policy agenda, say by pushing National to take a firmer stance on whaling or foreign fishery vessel operations or reaffirming New Zealand’s commitment to multilateralism, non-proliferation and peacekeeping, then perhaps its membership and the public at large will be mollified so that the coalition can be sustained. The Greens offer the perfect place to recruit a Minister for Disarmament and Arms Control. The Greens might be able to temper some of National’s trade discussions with environmental and labour-related concerns. Pigs can fly.

A Blue-Green coalition will require the Greens to compromise their foreign policy principles as the price for access to decision-making authority. A confidence and supply agreement might finesse the conundrum, but it could remain as a point of division that could well weaken the government down the road. In fact, Green access to, much less influence in, the foreign policy apparatus (to include MFAT, MOD and the various intelligence agencies involved), could well be a step too far for National and the bureaucracies involved, so the Blue-Green coalition possibility is limited on both sides.

For these reasons a Blue-Green coalition seems unlikely unless the Greens undergo a pro-market, realpolitik transformation or divorce their domestic policy agenda from their foreign policy concerns in order to focus exclusively on the former. As for the rest of the small parties, they will have little or no influence on foreign policy regardless of their electoral fortunes.

 

About SAS “mentoring.”

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When John Key authorized the re-deployment of an SAS company to serve as counter-terrorism advisors to the Afghan Police’s Crisis Response Unit (CRU) in 2009, he was authorizing a mission that differed from the long-range patrol, tracking and infiltration missions that are the mainstay of SAS deployments and which were the basis for its original deployment in that theater from 2001-2005. In doing so he was placing the SAS at the forefront of the urban guerrilla war in and around Kabul (to include Wardak Province) that was part of the Afghan resistance’s two-pronged (urban and rural) irregular war conducted against the foreign occupying force led by the US and NATO under the banner of the International Security Assistance Force (ISAF). By the time Key authorised the deployment the security situation in Afghanistan had evolved into a civil war involving the Western-backed Karzai regime, the Pakistani-backed Haqqani network, and various Taliban factions based in and outside of Afghanistan (with Pakistan facilitating cross-border cover for those based inside its territory).

The SAS inherited the counter-terrorism advisor mission from the Norwegian special forces, who had advised the CRU from 2007-2009. The CRU has its origins in 2005, so rather than a new unit it is almost seven years old and has had foreign professional military training and advice for nearly five years. In most modern militaries the time taken for specialisation beyond basic training (such as sniping, sapping, intelligence-gathering and counter-terrorist response) varies from 6 to 18 months. That means that the CRU, which has 285 members, is lagging behind when it comes to being able to autonomously respond and fight on its own.

The SAS initially sent a light company’s worth of troops (70) in 2009, but the number has been reduced to 38 in the last year. The job consists of providing training on-base in which counter-terrorist assaults are mounted in various scenarios, using abandoned buildings, vehicles and other simulations that replicate the dense tactical environment in which the CRU must operate. Close quarter clearing and entering, airborne rappelling, hostage rescue and a host of other skills are initially imparted in these exercises. But the mission also includes accompanying the CRU into real situations, which means taking leadership roles in responding to live incidents when the CRU forces prove unable to cope on their own. As Taleban attacks on symbolic and military targets have increased over the last year in concert with the announcement that the US will be withdrawing the bulk of its forces by 2014, with other ISAF members already doing so,  the pace of these “live” responses has accelerated as well. Most of the operations conducted by the SAS/CRU consist of pre-emptive strikes against imminent threats based on intelligence flows provided by Afghan and ISAF forces. A smaller percentage is dedicated to responding to terrorist incidents in progress such as the attacks on the Intercontinental Hotel and British High Commission. The accelerated pace of operations now sees the SAS/CRU deployed in “live” mode 2-3 times a week on average. 

Urban guerrilla warfare has no fixed lines or fronts. In fact, by definition the battle space in a guerrilla war is amorphous and permeable. Thus the counter-terrorism mission is a combat mission within an irregular warfare context. Training and advising in such contexts means involvement in close-quarter small unit kinetic operations, which given the dense (heavily populated and urbanised) environment in which they occurs means that support and leadership roles are indistinguishable to the enemy. Thus the SAS has always had a combat role in this mission.

It is evident that the CRU is not performing up to professional standard, particularly when confronted by a committed and well-prepared enemy. This may be due to a lack of will on member’s part, which in turn may be rooted in the deep divisions extant in Afghan society and in the knowledge that a post-ISAF political settlement that avoids massive bloodshed will have to include the Taliban and the Haqqanis. Under such conditions in may appear foolish to be closely identified with foreign forces working with the Karzai regime. That could sap the desire of some CRU members to engage robustly in the counter-terrorism effort, no matter how eager they may appear to their SAS advisors when back on base. This is compounded by faulty intelligence flows in which individuals or groups with personal vendettas supply misinformation about rivals so that ISAF forces, including the CRU/SAS, launch raids against innocent people. There is already at least one incident in which the SAS has engaged in an operation that resulted in the deaths of innocents based upon faulty intelligence. The manipulation of intelligence by Afghan sources, in other words, raises the probability that the SAS will be involved in the deaths of civilian non-combatants.

The SAS dilemma is compounded by the fact that, given CRU unreliability, the risks to SAS troopers increases every time they deploy with them. It is one thing to deploy with fellow SAS on long-range patrols or in a counter-terrorism situation. They are a tightly knit and cohesive fighting unit playing off the same tactical page. But adding the CRU to the mix brings with it a lack of discipline and resolve, which forces the SAS troops to compensate by leading by example. Doing so exposes them to a degree seldom seen when fighting on their own.

The latest raid that resulted in the second death of an SAS soldier in a month demonstrates the problem. In a pre-emptive raid against suspected bomb-makers (or a family feud, depending on who you believe), the SAS deployed 15 advisors along side 50 CRU troops. This is a ratio of 1 advisor for every 3.1 CRU soldiers. That is remarkably low if the SAS were merely “mentoring” in a support role. The fact that the SAS trooper was killed while climbing a ladder to gain a better vantage point on the compound in which the raid was taking place shows that even such basic tasks, usually assigned to the most expendable soldiers of lower-rank,  are having to be done by SAS troops. This demonstrates a lack of faith in the competence or reliability of the CRU personnel and the need for first-responder proaction on the part of the SAS in such situations.

Given that the Afghan resistance have increased the tempo of their operations in and around Kabul, the likelihood is that the CRU/SAS will be involved in an increasing number of armed incidents. That may force the NZDF to re-increase its complement of SAS back to the original 70 personnel, and raises the question as to whether it will be asked to extend the SAS deployment past its March 2012 withdrawal date. Given the strategic dynamics at play in Afghanistan, that is a sticky question.

It also raises the question as to why Mr. Key has from the day he announced the re-deployment insisted that the SAS are in a non-combat “mentoring” and support role. The NZDF and Minister of Defense have now admitted that combat is part of the mission. Mr. Key continues to deny that it is so. Besides the lack of synchronization of the government PR spin, the question rises as to whether the government has misled the NZ public on the true nature of the mission, or the NZDF deliberately misled the Prime Minister and his cabinet on the matter at the time the request for SAS assistance was made by ISAF (it should be noted that Mr. Key’s agreement to redeploy the SAS was based on his eagerness to curry favor with the US, which may not have seen a trade deal as a reward but which has seen NZ elevated to the status of full US security partner with the signing of the Wellington Declaration of November 2010. This may well mean future involvement in US-led military operations that have little to do with NZ’s national security per se).

All of this makes the government and NZDF attacks on the credibility of Jon Stephenson and Nicky Hager, two journalists who exposed the true nature of NZDF missions in Afghanistan and the duplicity surrounding them, all the more contemptible and desperate. It also was very stupid to do so because the conflict environment in which the SAS operates has deteriorated rather than improved since it arrived back in theater, which made the deaths and wounding of its personnel much more likely if not predictable. Once that began to happen (there have been about a half dozen SAS troopers wounded in combat on this mission),  it was only a matter of time before the corporate media began to focus attention on the dubious explanations about the nature of the deployment. With that now happening the house of cards that is Mr. Key’s justification for authorizing it has begun to crumble, and it will not be surprising if senior NZDF heads will roll as a result.

 

Suspecting the Spies.

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Claims by Phil Goff that he was not briefed by Warren Tucker on the SIS Israeli backpacker investigation are remarkable because of what they imply. Not only is he suggesting that Tucker violated his statutory mandate to keep him, as Leader of the Opposition, fully informed of ongoing intelligence matters. His comments also raise the possibility that the SIS filters the information it provides to the Opposition Leader in a way that differs from that given to the government (and in this case provided incomplete information or none at all on a matter of importance). If true, the latter suggests that the SIS serves the government of the day rather than the national security interest at large, and that it “spins” the way it reports on intelligence matters in ways that cater to the government’s political necessities rather than based on objective assessments of the security and threat environment at any given moment. This is a violation of democratic principle.

The current National government would not be the first one to prefer that the SIS “spin” its reporting according to political necessity rather than fact. After all, the SIS did exactly that for the Fifth Labour government in the Zaoui case. Thus Goff’s indignation is a bit rich, although he may have a valid concern that the extent of spin and filtration in his briefs has exceeded the previous norm (recall that Don Brash, then Opposition Leader, said on radio that the case against Zaoui was thin, which suggests that he was getting honest briefings from the SIS at that time).

This is very troubling. If the SIS is, in fact, playing loose with its statutory obligations vis a vis intelligence briefings for the Opposition leader, it raises serious issues about its organisational accountability and transparency when answering to the elected officials (and public) to which it is responsible and to whom it ostensibly serves. This might not be unexpected in an authoritarian regime but it is absolutely anathema to democratic governance.

It is hard to see what political gain Phil Goff would achieve by attacking the credibility of a senior public servant such as Warren Tucker. Being an experienced politician, Goff would know that such a move would generate a backlash against him, including from quarters normally sympathetic to his views. Moreover, Goff has a considerable experience with intelligence flows given his previous roles as Minister of Defense and Minister of Foreign Affairs, and a fairly extensive professional history with Tucker himself. So, why did Goff do this? With no electoral advantage to be gained and plenty of downside to consider, why did he feel the need to turn what should have been the subject of a quiet discussion into a public fracas?

I suspect–without any inside knowledge–that his version of events is closer to the truth than that provided by Tucker. I suspect that when Tucker briefed Goff on March 14 as part of their regular monthly briefings he calculated it best not to bring up the Israeli case. The reasons were that Tucker would have noted that Goff was mired in the Darren Hughes affair and given Labour’s reaction to the previous Israeli spy scandal involving passport fraud in 2004, he might use the suspicion of more Israeli skullduggery as a diversion from the Hughes matter (and his handling of it). Since the SIS investigation of the Israelis was concluded by March 6, there was nothing to report other than that suspicions had been raised by the hasty departure of the three surviving Israeli tourists and that these suspicions were unfounded (I shall leave aside for the moment a number of questions that could indicate that there is more to the story than a mistaken suspicion).

Thus, it is possible that Mr. Tucker felt it wise, given National’s commitment to strengthen bilateral ties with Israel (including security ties), to gloss over or omit mention of the investigation during the March 14 meeting. That is not a cardinal sin and does not suggest impropriety so long as Mr. Goff was provided a full intelligence brief in writing. Goff claims that he was not provided such documentation. The SIS admits that there is no transcript of record of the meeting other than Tucker’s briefing notes (that is, the notes prepared before the meeting), something that not only violates standard bureaucratic procedure but also quite possibly the Public Records Act (I find it quite astonishing that the intelligence briefs are done on a one-on-one basis between the Director of Intelligence and the Opposition Leader without a third party transcriber of record, be it a secretary or someone nominated for that role by both parties). I could be wrong of course, but there are enough discrepancies in the SIS version of events to open room for such speculation.

The story gets weirder because the SIS maintains that Mr. Goff was also briefed on the matter on April 6, and then again on July 25 after the story about the Israelis broke in the press. Why the SIS would brief Mr. Goff on the matter on July 25 when it claims it had already briefed him twice is hard to understand unless Goff demanded a “please explain” meeting with Tucker after the revelations. Also hard to understand is why the SIS, under Tucker’s signature, would rapidly declassify its records of the March and April briefings as well as the summary of the investigation in order to provide them to a notorious right wing blogger who is, in fact, criminally convicted of breaching judicial orders regarding matters of privacy (in other words, the big fella is not known for his discretion or diplomacy when it comes to dealing with secrets). Not only is the rapidity with which the Official Information Act request from the blogger was answered quite astounding (5 working days from the request to the answer from Mr. Tucker, with the documents in question declassified the same day as the blogger’s OIA request), but it now seems that other outlets were denied or delayed in having their OIAs on the same matter answered, and that the SIS selectively requested that OIAs be sent to it on the subject couched in very specific language.

If we recall that the leak to the press of the Israeli investigation came from within or close to the SIS itself, and we add to it the normal reticence of spies to engage in public arguments with politicians about their business, and then factor in the selective provision of OIA data to sympathetic outlets, all on top of Mr. Goff’s claims, then we cannot but begin to suspect that the SIS is heavily politicised in what it does, does not operate as a neutral and apolitical source of intelligence flows, and in fact is behaving in ways that are inimical to democratic oversight and control over the national security apparatus. If true, the politicisation of the SIS (or at least its leadership) is a sign of institutional atrophy as well as bias, and worse yet, is a stain on the professionalism and integrity of those who work in the clandestine services. This is kiss of death type of stuff because foreign governments and New Zealand’s intelligence partners will have noted the deeper implications of the row between Goff and Tucker, something that will influence the way in which they approach matters of intelligence sharing with the New Zealand government.

There is much more to the story but let’s just say that this controversy once again raises serious issues about the SIS role, its integrity, and its ability to serve the public in a neutral and objective fashion without political influence or bias. Whatever Mr. Goff’s motivations, his outcry has raised fundamental questions that will not easily be swept away or silenced, and have the potential to drag Prime Minister Key into the fray (because Mr. Key is Minister for Intelligence and Security and thus Mr. Tucker’s nominal “boss,” and if it turns out the SIS has massaged its briefs or played with its documentation after the fact, then Mr. Tucker’s position becomes untenable–and perhaps criminally liable).

I tried to cover some of these points in an interview on TVNZ’s “Breakfast” show, which if nothing else shows that amid the celebrity sightings, gossip-mongering and general inanity of morning television there is still some room for the occasional serious discussion: http://tvnz.co.nz/breakfast-news/paul-buchanan-warns-sis-stoush-5-59-video-4339934/video