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I have not had much time to blog in recent weeks but continue the weekly series of podcasts with Selwyn Manning. This week we discussed efforts to develop a comprehensive national security strategy for New Zealand that goes beyond Defense White Papers and annual reports from various security agencies, then turned to recent elections in South America as an indicator that neoliberalism is well and truly dead as an economic policy approach and, perhaps more importantly, as a social theory. You can find the episode here.

Facing facts.

datePosted on 16:09, April 24th, 2021 by Pablo

The critical reaction of some conservative commentators and politicians about Nanaia Mahuta’s “Taniwha and Dragons” speech is focused on the double premise that NZ is “sucking up” to the PRC while it abandons its obligations to its 5 Eyes intelligence partners. Some have suggested that NZ is going to be kicked out of 5 Eyes because of its transgressions, and that the CCP is pulling the strings of the Labour government.

These views are unwarranted and seemingly born of partisan cynicism mixed with Sinophobia, racism and misogyny (because Mahuta is Maori and both Mahuta and PM Ardern are female and therefore singled out for specific types of derision and insult). Beyond the misinterpretations about what was contained in the speech, objections to Mahuta’s invocation of deities and mythological beasts misses the point. Metaphors are intrinsic to Pasifika identity (of which Maori are part) and serve to illustrate basic truths about the human condition, including those involved in international relations. As a wise friend said to me, imagine if a US Secretary of State was an indigenous person (such as Apache, Cherokee, Hopi, Mohican, Navaho, Sioux or Tohono O’odham). It is very possible that s/he would invoke ancestral myths in order to make a point on delicate foreign policy issues.

In any event, this post will clarify a few facts. First, on military and security issues covering the last two decades.

New Zealand has twin bilateral strategic and military agreements with the US, the first signed in 2010 (Wellington Declaration) and the second in 20012 (Washington Declaration). These committed the two countries to partnership in areas of mutual interest, particularly but not exclusively in the South Pacific. New Zealand sent troops to Afghanistan as part of the US-led and UN-mandated occupation after 9/11, a commitment that included NZSAS combat units as well as a Provincial Reconstruction Team (PRT) in Bamiyan Province that mixed humanitarian projects with infantry patrols. More than 3500 NZDF troops were deployed in Afghanistan, at a cost of ten lives and $300 million.

Similarly, NZ sent troops to Iraq after the US invasion, serving in Basra as combat engineers in the early phase of the occupation, then later as infantry trainers for Iraqi security forces at Camp Taji. More than 1000 NZDF personnel were involved in these deployments, to which can be aded the SAS operators who deployed to fight Saddam Hussein’s forces and then ISIS in Iraq and Syria after its emergence. There are a small number of NZDF personnel serving in various liaison roles in the region as well, to which can be added 26 NZDF serving as peacekeepers in on the Sinai Penninsula (there are slightly more than 200 NZDF personnel serving overseas at the moment). In all of these deployments the NZDF worked with and now serves closely with US, UK and Australian military units. The costs of these deployments are estimated to be well over $150 million.

The NZDF exercises regularly with US, Australian and other allied partners, including the US-led RimPac naval exercises and Australian-led bi- and multilateral air/land/sea exercises such as Talisman Saber. It regularly hosts contingents of allied troops for training in NZ and sends NZDF personnel for field as well as command and general staff training in the US, Australia and UK. RNZN frigates are being upgraded in Canada and have contributed to US-led freedom of navigation exercises in the South China Sea (against PRC maritime territory extension projects) and anti-piracy and international sanctions enforcement missions in the Persian Gulf. Among the equipment purchases undertaken during the last two decades, the NZDF has bought Light Armoured Vehicles, the infamous “LAVs” (or Strykers, as they are known in the US), Bushmaster armoured personnel carriers, C-130J “Hercules” transport aircraft, P-8 “Poseidon” anti-submarine warfare and maritime surveillance aircraft, Javelin anti-tank portable missiles and a range of other weapons from 5 Eyes defence contractors. In fact, the majority of the platforms and equipment used by the NZDF are 5 Eyes country in origin, and in return NZ suppliers (controversially) sell MFAT-approved weapons components to Australia, the US, UK , NATO members, regional partners and some unsavoury Western-leaning regimes in the Middle East.

After the estrangement caused by the dissolution of the ANZUS defence alliance as a result of NZ’s non-nuclear decision in the mid-1980s, a rapprochement with the US began in the aftermath of the 9/11 attacks. The 5th Labour government sought to capitalise on the moment and sent troops into Afghanistan and later Iraq using the cover of UN resolutions to deflect political attacks. That led to improved military-to-military relations between the US and NZ, something that has been deepened over the years by successive NZ governments. The intelligence relationship embodied in the Echelon/5 Eyes agreement was slightly curtailed but never ended even when ANZUS died, and gradually was restored as the main security partnership to which NZ was affiliated. Now the NZDF is considered a small but valued military and intelligence partner of the US and other 5 Eyes states, with the main complaints being (mostly from the Australians) that NZ does not spend enough on “defence’ (currently around 1.5 percent of GDP, up from 1.1 percent under the last National government, as opposed to 2.1 percent in Australia, up from 1.9 percent in 2019) or provide enough of its own strategic lift capability. The purchase of the C-130J’s will help on that score, and current plans are to replace the RNZAF 757 multirole aircraft in or around 2028.

The dispute over US warships visiting NZ because of the “neither confirm or deny” US policy regarding nuclear weapons on board in the face on NZ’s non-nuclear stance was put to rest when the Arleigh Burke-class destroyer USS Sampson (DDG-102) participated in the RNZN 75th anniversary celebrations in November 2016 after an agreement between the then National government and US Department of Defense on assurances that it was not carrying or using nukes as weapons or for propulsion. As if to prove the point of bilateral reconciliation, on the way to the celebrations in Auckland DDG-102 diverted to provide humanitarian support to Kaikura earthquake relief efforts after the tremor of November 14th (the week-long anniversary fleet review involving foreign naval vessels began on on November 17th). A Chinese PLAN warship also participated in the anniversary Fleet Review, so the message conveyed by the first official NZ port visit by a US warship in 30 years was made explicitly clear to the PRC.

The fact is this: the relations between NZ and its 5 Eyes partners in the broader field of military security is excellent, stable and ongoing. That will not change anytime soon.

As for intelligence gathering, NZ is a core part of the 5 Eyes signals intelligence collection and analysis network. Over the years it has moved into the field of military signals intelligence gathering as well as technical and electronic intelligence-gathering more broadly defined. More recently, in light of the emergence of non-state terrorism and cyber warfare/espionage threats, the role of 5 Eyes has been upgraded and expanded to counter them. To that end, in the last decade NZ has received multiple visits from high-ranking intelligence officials from its partners that have dovetailed with technological upgrades across the spectrum of technical and electronic signals intelligence gathering. This includes addressing issues that have commercial and diplomatic sensitivities attached to them, such as the NZ decision to not proceed with Huawei involvement in its 5G broadband rollout after high level consultations with its 5 Eyes partners. More recently, NZ has been integrated into latest generation space-based intelligence collection efforts while the focus of the network returns to more traditional inter-state espionage with great power rivals like China and Russia (we shall leave aside for the moment the benefits that the GCSB and NZDF receive from Rocket Lab launches of US military payloads but we can assume that they are significant).

As routine practice, NZSIS and GCSB officers rotate through the headquarters of 5 Eyes sister agencies for training and to serve as liaison agents. Officers from those agencies do the same in NZ, and signals engineers and technicians from 5 Eyes partners are stationed at the collection stations at Waihopa and Tangimoana. GCSB and SIS personnel also serve overseas alongside 5 Eyes employees in conflict zones like Afghanistan and Iraq. While less standardised then the regular rotations between headquarters, these type of deployments are ongoing.

5 Eyes also maintains a concentric ring of intelligence partners that include France, Germany, Japan, Israel, and Singapore. These first-tier partners in turn use their respective capabilities to direct tactical and strategic intelligence towards 5 Eyes, thereby serving as the intelligence version of a “force multiplier” in areas of common interest. One such area is the PRC, which is now a primary focus of Western intelligence agencies in and outside of the Anglophone world. This common threat perception and futures forecasting orientation is shared by the NZ intelligence community and is not going to change anytime soon unless the PRC changes its behaviour in significant ways.

For its part, the PRC has no such complex and sophisticated intelligence networks with which to avail itself. It has intelligence partners in North Korea, Russia, Iran and other small states, but nothing on the order of 5 Eyes. As a result, it is much more reliant on human intelligence collection than its rivals in the 5 Eyes, something that has become a source of concern for the 5 Eyes community and NZ in particular (as the supposed weak link in the network and because of its economic reliance on China, of which more below). While the PRC (and Russia, Israel and Iran, to name some others) are developing their cyber warfare and espionage capabilities, the fact is that the PRC continues to rely most heavily on old-fashioned covert espionage and influence operations as well as relatively low tech signals intercepts for most of its foreign intelligence gathering. If I read intelligence reports correctly, NZ’s counter-espionage and intelligence efforts are focused on this threat.

In a word: NZ is committed to the 5 Eyes and has a largely Western-centric world view when it comes to intelligence matters even when it professes foreign policy independence on a range of issues. That is accepted by its intelligence partners, so transmission (of intelligence) will continue uninterrupted. It is in this light that Mahuta’s comments about NZ’s reluctance to expand 5 Eyes original remit (as an intelligence network) into a diplomatic coalition must be understood. There are other avenues, multilateral and bilateral, public and private, through which diplomatic signaling and posturing can occur.

That brings up the issue of trade. Rather than “sucking up” to China, the foreign minister was doing the reverse–she was calling for increased economic distance from it. That is because New Zealand is now essentially trade dependent on the PRC. Approximately 30 percent of NZ’s trade is with China, with the value and percentage of trade between the two countries more than tripling since the signing of the bilateral Free Trade Agreement in 2008. In some export industries like logging and crayfish fisheries, more than 75 percent of all exports go to the PRC, while in others (dairy) the figure hovers around 40 percent. The top four types of export from NZ to the PRC are dairy, wood and meat products (primary goods), followed by travel services. To that can be added the international education industry (considered part of the export sector), where Chinese students represent 47 percent of total enrollees (and who are a suspected source of human intelligence gathering along with some PRC business visa holders).

In return, the PRC exports industrial machinery, electronics (cellphones and computers), textiles and plastics to NZ. China accounts for one in five dollars spent on NZ exports and the total amount of NZ exports to China more than doubles that of the next largest recipient (Australia) and is more than the total amount in value exported to the next five countries (Australia, US, Japan, UK and Indonesia) combined. Even with the emergence of the Covid pandemic, the trend of increased Chinese share of NZ’s export markets has continued to date and is expected to do so in the foreseeable future.

Although NZ has attempted to diversify its exports to China and elsewhere, it remains dependent on primary good production for the bulk of export revenues. This commodity concentration, especially when some of the demand for export commodities are for all intents and purposes monopolised by the Chinese market, makes the NZ economy particularly vulnerable to a loss of demand, blockages or supply chain bottlenecks involving these products. Although NZ generates surpluses from the balance of trade with the PRC, its reliance on highly elastic primary export commodities that are dependent on foreign income-led demand (say, for proteins and housing for a growing Chinese middle class) makes it a subordinate player in a global commodity chain dominated by value-added production. That exposes it to political-diplomatic as well as economic shocks not always tied to market competition. Given the reliance of the entire economy on primary good exports (which are destined mainly for Asia and within that region, the PRC), the negative flow-on effects of any disruption to the primary good export sector will have seriously damaging consequences for the entire NZ economy.

That is why the Foreign Minister spoke of diversifying NZ’s exports away from any single market. The only difference from previous governments is that the lip service paid to the “eggs in several baskets” trade mantra has now taken on urgency in light of the realities exposed by the pandemic within the larger geopolitical context.

Nothing that the Labour government has done since it assumed office has either increased subservience to China or distanced NZ from its “traditional” partners. In fact, the first Ardern government had an overtly pro-Western (and US) slant when coalition partners Winston Peters and Ron Mark of NZ First were Foreign Affairs and Defence ministers, respectively. Now that Labour governs alone and NZ First are out of parliament, it has reemphasised its Pacific small state multilateralist approach to international affairs, but without altering its specific approach to Great Power (US-PRC) competition.

The situation addressed by Mahuta’s speech is therefore as follows. NZ has not abandoned its security allies just because it refuses to accept the Trumpian premise that the 5 Eyes be used as a diplomatic blunt instrument rather than a discreet intelligence network (especially on the issue of human rights); and it is heavily dependent on China for its economic well-being, so needs to move away from that position of vulnerability by increasingly diversifying its trade partners as well as the nature of exports originating in Aotearoa. The issue is how to maintain present and future foreign policy independence given these factors.

With those facts in mind, the Taniwha and Dragon speech was neither an abandonment of allies or a genuflection to the Chinese. It was a diplomatic re-equilibration phrased in metaphorical and practical terms.

Principled, pragmatic or expedient.

datePosted on 16:44, April 11th, 2021 by Pablo

For several decades under Labour and National-led governments New Zealand has claimed to have an independent (and sometimes autonomous) foreign policy. This foreign policy independence is said to be gained by having a “principled but pragmatic” approach to international relations: principled when possible, pragmatic when necessary. More recently NZ foreign policy has shifted from traditional diplomacy in which trade was a component part to a trade focused orientation to which all other aspects of diplomatic endeavour are subordinated. Seen as a marriage of belief in Ricardian notions of comparative (and now competitive) advantage with a pragmatic understanding that NZ is dependent on trade for its survival and prosperity, the “trade for trade’s sake” approach continues to reign supreme to this day.

It turns out that foreign policy pragmatism or principle may no longer obtain in certain instances, especially when trade is involved. Take the issue of NZ military-related exports. It has been revealed that NZ firms and (possibly) public agencies export everything from airplane parts to small arms, explosive ordinance, training simulators, muzzle flash suppressors, missile guidance systems and artillery range finders to 41 countries and territories. (The term “possibly” is used here because all of the NZ exporting entities are redacted in the export list made public by MFAT. While some private exporters can be broadly identified by the nature of the items sold, other special license categories make ambiguous the provenance of the equipment in question).

Most of these exports go to NATO members and other liberal democracies, while other recipients are regional partners like Singapore, Malaysia , Australia, Tonga and Indonesia. The bulk of what is exported is what might be considered to be on the soft rather than sharp end of the so-called “kill chain:” items that do not impart lethal force directly but which contribute to the accuracy and lethality of weapons systems that do.

None of this would be controversial if it were not for the fact that some of the recipient countries have checkered human rights records (like Indonesia) while others have outright dismal histories of authoritarianism and military criminality. That includes Saudi Arabia, the United Arab Emirates, Turkey, and the PRC. Saudi Arabia and the UAE lead a coalition of Sunni Arab states that have been credibly accused of committing war crimes and genocide against Houthi populations in Yemen. Saudi Arabia does not recognise the Universal Declaration of Human Rights (the UAE was not party to the UDHR vote) and along with the UAE does not recognise a number of human rights conventions involving women’s rights, labour rights, political and social rights. Malaysia, Singapore and Indonesia also are not party to the UDHR and while not as dismal as the Sunni oligarchies, have subpar records when it comes to adhering to international human rights norms and agreements. NZ exports military training material to the PRC, whose human rights history is known for all the wrong reasons. There are other dubious recipients but the issue is clear. In spite of claiming to be a champion and defender of human rights as a matter of principle, NZ exports military equipment to egregious violators of human rights both at home and abroad.

Some will argue that NATO members and other democracies like Australia also violate the laws of war and human rights in their own territories. There is merit to those arguments. But the difference between Australia, Canada, the UK and US and, say, Saudi Arabia and the UAE when it comes to military conduct in conflict theatres is that war crimes committed by the forces deployed by liberal democracies are exceptions to the rule and are punished (even if initially covered up) rather than systematically encouraged and later denied. Domestically, while systemic racism clearly exists throughout the liberal democratic world, it is no longer genocidal in nature even if in previous eras there was a significant element of that.

Conversely, places like the PRC systemically abuse human rights at home, deny individual and collective rights as a matter of course and treat ethnic and religious minorities as if they were foreign enemies. Turkey has grown increasingly authoritarian under President Erdogan, with its treatment of its Kurdish minority a particularly black mark on its record. The UAE and Saudi Arabia are known for their mistreatment of foreign workers, Shiia Muslims in particular but not exclusively. Jordan and Bahrain, other recipients of NZ strategic license exports, are Western allies but not known for their adherence to human rights conventions.

Even Israel, a supposed liberal democracy and a Western ally that is another recipient of NZ military-related exports, systematically violates the rights of Palestinians inside and outside of its recognised territorial limits, including targeting of civilian populations during times of conflict (in Gaza) and forcibly annexing Palestinian territory (in the West Bank) as part of an expansionist doctrine that seeks to eventually expel Palestinians from what they and Israelis consider to be their homelands. Within Israel, in spite of recent electoral gains by so-called “Arab” (Joint List) parties, Palestinians are more often seen and treated as a subversive fifth column rather than full citizens (Arabs make up around 20 percent of the Israeli population).

Most liberal democracies simply do not act this way. The West may be guilty of many things, particularly during the colonial era and Cold War, but even if flawed most liberal democracies at a minimum pay lip service to the rule of law based on civil liberties and human rights at home and abroad. A fair number of the recipients of NZ strategic exports in recent years make no such pretence.

None of this would matter if NZ had a realist approach to foreign policy that was completely pragmatic in orientation based on national self-interest. Matters of principle would not factor into foreign policy-making and trade relations. But that is not the case. Instead, NZ is a very vocal defender of small state and minority rights in the international community as an extension of its championing of international human rights, international norms and the rule of law. That makes trading with authoritarians somewhat hypocritical and exporting military equipment to murderous regimes downright reprehensible. Especially when done for a buck–that is, for the profit gain of NZ private firms.

To be clear, almost any hunting-related equipment can be converted for dual use military purposes. But there is much more to the NZ export list (released by MFAT to a couple of investigative reporters under OIA requests) than converted hunting equipment. It also is interesting that most of the redactions in the sanitised export list are justified on commercial sensitivity rather than national security grounds. If items were merely dual use conversions from hunting equipment, one would think that there are little commercial sensitivities involved given the global scope of the hunting industry. Nor are end users always identified on the list, which makes MFAT assurances that it knows what is ultimately being done with the exports somewhat disingenuous. Either it knows and does not want to say or it does not know even though it allowed the export license request for those items to be approved.

Consider this example. MFAT approved the sale of a general utility aircraft from a Hamilton-based aerospace company (now bankrupt) to a PRC-based aviation firm in spite of numerous concerns about the end use of that aircraft. A year or so after the sale went through the plane was photographed at an airshow wearing North Korean military livery, sparking an investigation into how international sanctions on North Korea were circumvented in the process (the sanctions violation was considered a first order offence given the military use of the aircraft). In the legal process that followed, which resulted in the conviction and fining of the Hamilton firm for violating the international sanctions regime and NZ strategic export requirements, MFAT admitted that it had no clue as to who the end user might be beyond the PRC firm that, incidentally, owned a half interest in the Hamilton company and controlled its board of directors. In other words, it took the exporter’s word as an article of faith and as a result contributed to an egregious violation of UN sanctions that NZ voted to support. Diplomatically speaking, that tarnished NZ’s reputation because neither principle or pragmatism, much less due diligence, was applied to the sale.

Even training equipment has to be considered in proper context. Artillery range finders used for training purposes (which MFAT claims was the case with Saudi Arabia) are being used to train artillery for war, not fun and games. Saudi artillery is regularly used in the Yemen civil war, so it a stretch to say that exporting equipment that trains troops to be more accurate with their artillery fire is not related to the Yemeni conflict. Likewise, even if small in terms of numbers and monetary value, exporting sidearms and squad weapons to human rights violators ignores the fact that they could be used against domestic populations and foreign civilians as well as foreign adversaries.

Again, none of this would be of concern if NZ did not proclaim itself to have an independent foreign policy based on principle as well as pragmatism. If it was a country powered by a military-industrial complex such as the US, it would all be in a day’s business to export military equipment to assorted nefarious regimes. But not so NZ, which has staked its international reputation on being an agent of honest virtue–a good global citizen, as it often says.

The truth is different. If NZ was truly independent it could resist the pressure to act as a cut-out or front for its allies’ military-related services (say, by not allowing the national airline to serve as a sub-contractor for the reconditioning of Saudi Navy gas turbines usually serviced by US Navy contractors). It could pick and choose about when to be principled and when to be pragmatic when it comes to military-related exports (say, by exporting to NATO or liberal democratic partners only). After all, although clearly lacking any basis in principle, it is really pragmatic for NZ to sell the Saudis and Emiratis military equipment when they are involved in industrial-strength war crimes in pursuit of a genocidal campaign in a neighbouring country? Will the diplomatic benefits of courting such states outweigh the costs of making its rank hypocrisy visible to the rest of the international community?

In a past life I was involved in the decision-making chain involved in US military sales and training, etc. to Latin American countries. The primary criteria for vetting military equipment and training requests was twofold: the nature of the equipment or training requested and the character of the political regime (government) making the request. If the equipment or training was too sensitive or excessively lethal and/or the regime doing the requesting was of dubious disposition, then the request was denied. If the decision was anything other than an outright “no” on the primary grounds, then other criteria was applied: state of trade and diplomatic relations with the requesting state, the geopolitical balance in the (sub) region in which that state was located, the possibility of a domino proliferation impact, the presence of other foreign weapons suppliers as substitutes for US exports, etc. Once all of this was factored in with input from the various elements of the inter-agency consultation process (involving the State Department, CIA, NSC, Treasury, Commerce and other federal agencies with a potential stake in the matter), sometimes after sounding out other countries in the region about their reactions, a recommendation was sent to the White House for approval/denial. If the White House approved the sale/mission, then the recommendation was sent to Congress for approval, something involving several committee votes and then a general vote in both Houses. The process was slow and circuitous but in the end it was comprehensive and transparent.

Although it is possible that there are similarly robust weapons exportation strategic license vetting protocols in place in NZ, that does not seem to be the case. MFAT appears to make the call, perhaps after consultation with DPMC and/or Cabinet. Parliament is not involved in the decision-making process. No public notification is made. In other words, the entire NZ strategic export licensing regime is opaque at best. You can read the official criteria here.

MFAT says that the vetting process is rigorous and that it knows exactly where NZ sourced military equipment winds up. Yet it has only denied one out of 254 special export license requests in the last three years (to the Saudis for mortar stands and fire control (observation tower) equipment, supposedly in response to the Khashoggi murder). If foreign policy principle were involved, one might expect that the approval rate would be somewhat lower for authoritarian-ruled countries. But if pragmatism and trade are the criteria in play, does it make sense to supply murderous regimes with any kill chain components? Or is the fact that the entire decision-making process for granting special export licenses is so opaque that MFAT and the suppliers thought that they would never be found out if it were not for the good work of a couple of intrepid reporters?

More than principle and pragmatism as guideposts for foreign policy, it seems that trade-promoting expediency is the new normal in NZ foreign affairs, something that continues under the Ardern government. But with expediency comes a loss of independence and autonomy as well, because among other reasons, states with their own agendas can use NZ’s trade zealotry as third party cover for transactions they themselves may be reluctant to admit publicly (even the US has suspended weapons sales to Saudi Arabia because of its behaviour in Yemen). Or authoritarians can hold non-military trade relations with NZ hostage to the provision of military equipment. Either way, that makes NZ a foreign policy tool of others rather than an honest broker in international relations and global good citizen.

Just like the fact that NZ’s “clean and green” image is more myth than reality, the foreign policy reality is that at least when it comes to trading in the paraphernalia of death, NZ is unprincipled, hardly pragmatic and dominated by logics of trade expediency rather than a commitment to the upholding international human rights. While it would be too much to expect a National-led government to put principle before trade expediency, that this continues to occur under a Labour-led government (in which the Prime Minister claims that she was unaware of the strategic export recipient list until asked about it by the media) is all the more outrageous given its constant repetition of the “independent, principled but pragmatic” foreign policy mantra.

If NZ is to regain a semblance of integrity in diplomatic circles, its foreign policy decision-making matrix must change away from trade obsessed expediency and towards the principled but pragmatic orientation that grants it the independence that it claims to have. Conversely, if it wants to put trade before everything else, then it might as well fess up and open up the country’s foreign policy to the highest bidder.

In this week’s podcast Selwyn Manning and I discuss the ethics and practicalities involved in the so-called “conflict industry.” It includes a discussion of the who and what of the “kill chain” and the implications of Rocket Lab’s position as a major US military logistical provider. You can find it here.

Setting them up to fail?

datePosted on 14:55, November 3rd, 2020 by Pablo

There has been some excitement about the naming of Nanaia Mahuta as Foreign Minister and Peeni Henare as Defense Minister in the new Labour cabinet. At first glance neither one appears to have much experience or background in the portfolios that they are now responsible for, but Mahuta is the first female (and Maori) Foreign Minister, complete with a moko kauae. Henare, first elected in 2014, has been Minister for Civil Defense during the last year and half. He is also Minister of Whānau Ora. They comprise part of a cabinet that is considered to be one of the most diverse in NZ history and have received global attention as a result.

Mahuta first entered parliament in 1996 on the Labour list, then was elected in 1999 to the Te Tai Hauauru seat (beating Tuku Morgan), then transferred and won the Tainui/Hauraki-Waikato in 2002. She has been re-elected ever since and made a run for the party leadership in 2014. She was Minister for Customs, Youth Development, Local Government and Associate Minister for the Environment from 2005-2008 during the 5th Labour government and prior to her appointment as Foreign Minister was Minister of Local Government and Maori Development in the 6th Labour government (the first of which she retains). While in Opposition she served as the Labour spokesperson for Maori Affairs, Education, Energy and Conservation. She is also Associate Minister of Trade and Export Growth, Environment and Housing.

After 24 years in parliament, Mahuta surely knows her away around the Beehive and the domestic policy scene. But questions remain about her and Henare’s suitability for the positions they have been given. The breakdown of the questions goes something like this:

The symbolism of diversity is a powerful thing. However, beyond its symbolic value diversity in cabinet is a laudable goal only if it is accompanied by substance. The latter is defined as competence, background or experience in the policy areas for which the appointee is responsible, or the ability to learn fast. Diversity without substance is a cynical form of tokenism because it rewards those without merit in order to engage in empty symbolism as a PR tactic. It also sets up the appointees for failure if s/he is out of depth or is unable to overcome resistance from inside and outside of the Ministries for which they are responsible. That in turn serves to reinforce negative stereotypes about the ethnic, religious, racial or other groups to which they belong.

A big problem for ministerial neophytes of any persuasion is that they run the risk of bureaucratic capture by the agencies that they ostensibly oversee. Bureaucratic capture is a phenomenon where career bureaucrats surround a Ministerial appointee with everything from puffery and flattery to stonewalling and sandbagging in order to get the new leader to absorb and accept institutional logics as his or her own. This may include the “baubles” of office: getting to play with big boys toys in the case of Defense, and jetting off to exotic lands in the case of Foreign Affairs. All courtesy of the taxpayer. The syndrome is familiar.

Another problem is bureaucratic resistance or shunning. This phenomenon is when career bureaucrats endeavour to resist policy initiatives and change instigated by the new appointee by diluting or subverting the message within the institutional maze (which the new Minister is unfamiliar with), or simply ignore directives that do not suit or run contrary to their entrenched interests until the initiatives are dropped. This is an all-to-common problem in the intelligence and security field, where cadres of so-called “old boys” work hard to prevent real effective institutional reform from happening so long as they feel that the status quo works for them. The resistance to reform is less visible in Foreign Affairs because of the arc of modern diplomacy (multi-faceted, involving a variety of actors and subjects), but it remains in some institutional niches nevertheless.

In Foreign Affairs and Defence there is the additional problem that newly appointed Ministers must immediately engage with foreign interlocutors. Many of these foreign diplomats and military officials have great experience and often a considerable degree of cynicism when addressing areas of mutual interest. They very often have different cultural backgrounds, different ideological motivations, different economic interests and different ways of conceptualising the international order (say, being realist rather than idealist or constructivist in perspective). Without the shared cultural and ideological referents common to home, Ministerial neophytes thrust onto the world as the senior faces of NZ face formidable challenges unlike those found domestically.

The questions about Mahuta and Henare are therefore driven by concerns about their experience and competence when confronting these realities, and about whether their domestic experience can immediately translate into the skillset required to effectively engage both the internal (bureaucratic) and external (foreign interaction) aspects of their jobs.

Not surprisingly, some of the responses to those asking these questions have been to accuse them of being racist. That could well be true for some people, but the knee jerk, reflexive defensiveness of these reactions simply serves to obscure the reality of tokenism and overlook incompetence in the event that it does occur.

More reasoned rebuttals focus on Mahuta’s long career in parliament and the range of portfolios she has held over the years. Although Henare has a much shorter parliamentary career, he is seen as a competent quick learner in the areas in which he has previously been given responsibility. So the reasoning goes that even if they do not have deep experience in military-security matters and foreign affairs, both Mahuta and Henare are well equipped to rapidly get up to speed on their portfolios.

Beyond that, there is the domestic political side of the appointment equation to consider. Mahuta and Henare represent important Maori constituencies that Labour seeks to retain as a support base. Henare comes from a distinguished military lineage, so the symbolism of his appointment bestows mana on his office and in the eyes of many of his troops. Mahuta, known as “The Princess” in some circles, is Maori royalty. This might prove very useful when engaging Pacific Island nobility on matters of regional and mutual concern, and her familiarity with pomp and circumstance makes her a natural for ceremonial occasions when representing the State.

Other assessments of the appointments are mixed. There is a line of thought that posits that, on the one hand, the Mahuta appointment is a way of getting a long serving, important yet underwhelming MP out of the way via a golden parachute into a glamorous job while on the other hand a young, up-and-coming Maori MP is given his first shot at playing with the Big Boys. If they do not pan out, this reasoning holds, then no harm done because others will be running the show in any event.

That dovetails with the belief that PM Ardern is going to be the de facto Foreign Minister, using the leverage of her global celebrity to advance major NZ initiatives on the world stage while Mahuta works on what a knowledgeable friend of mine calls the “mice and rats” of foreign affairs. Mahuta will also be a visible indigenous symbol of the multicultural and polyethnic nature of NZ society. So, while Ardern does the heavy lifting in things such as climate change, non-proliferation and bilateral relations with the likes of the PRC and US, Mahuta can provide the ceremonial face of NZ diplomatic representation to the global community.

For Henare the issue is simple: translate his generally well-regarded work in Civil Defense into an understanding of the logistics and operational requirements of complex service organisations such as the MoD/NZDF that operate under relatively tight budgetary constraints and with significant institutional shortcomings when it comes to personnel, material and overall force readiness, and which recently have (in the case of the NZDF) suffered some serious incidents of professional and personal misconduct within both senior and junior ranks. That notwithstanding, much of what the NZDF does under MoD policy directives IS civil defense, be it in terms of disaster relief, humanitarian interventions and emergency engineering and transport. So the experience he has gained in his previous portfolio, even if relatively short, should well suit him for his new role. More to the point, none of this will interfere with how the NZDF leadership see and approach the world around them.

The most jaded idea being advanced is that, regardless of whether they are competent or not, both of these politicians will be the subject of bureaucratic capture. Senior managers and careerists in Mfat and MoD and NZDF will in fact run these agencies largely unimpeded by their respective ministers, who will cut ribbons, shake hands and bestow honours instead. A “Yes Minister” scenario will prevail, if you will.

Not all the reaction to these appointments has been negative or questioning. Many at home and abroad are celebrating the diversity represented in the new Cabinet and the individual achievements of Mahuta, Henare and their non-Pakeha, non-straight and/or female colleagues. The era of the straight white male in politics is seen as coming to an end, with NZ leading the way.

Perhaps that is true but it is not for me to say. Along with being called a racist for having broached some of the afore-mentioned questions on social media as well as being labeled a member of the Pakeha international relations and security community (I have to plead guilty to that one), I am loathe to tread further into the minefield that is identity politics in Aotearoa. Moreover, since I focus on matters of international and comparative polities and security, I cannot offer a knowledgeable opinion about appointments made to domestic-focused portfolios or about which of the scenarios outlined above is the closest to the truth. It seems likely that there is a mix of factors and reasons involved in these appointments, both opportunistic and sincere.

All I can hope for is that both of the new ministers are not being set up to fail and that even if their learning curves are steep, that they succeed in gaining command of the important instruments of State that they have been directed to lead. Time will tell.

I have been fortunate enough to receive regular reports from the 42 Group, a defence and security-focused collection of youngish people whose purpose is to provide independent strategic analysis to policy makers and the NZ public. Their work is very good.

I asked the person who sends me their reports if it was Ok to republish the latest report here. He agreed, so here it is.

An indictment by another name.

datePosted on 16:11, August 5th, 2020 by Pablo

After I noticed that my name had been taken yet again in vain by my friendly antagonist Tom Hunter over at No Minister, I went over to see what the fuss was about. Nothing much, but then I discovered a post about the Operation Burnham Inquiry by Psycho Milt. I made a comment (now several comments) in response, then decided to edit the original comment, add a few things and make it a short post here that outlines what to me is the bottom line of that report. Here it is:

As the old saying goes, “the original sin was bad, but the cover up was worse.” Had the NZDF simply come out after the 2010 engagement and said that there were civilian casualties resultant from the “fog of war” in a nighttime SAS operation designed to kill or capture people responsible for attacks on NZDF patrols in Bamiyan that resulted in several NZDF deaths, I bet that the majority of the NZ public would have accepted that war sucks and bad things inadvertently happen. Then, when Jon Stephenson’s first story on Operation Burnham came out it would not have caused such a stir because there would not have been a glaring gap between his account and that of the NZDF (Nicky Hagar got involved later and took primary credit for the book “Hit and Run” although most of it was researched and written by Stephenson–-Hagar never set foot in Afghanistan).

Although the Royal Commission (RC) sugar-coated it, the report is absolutely damning of the SAS and Army leaders of the time (and not the troops on the ground that night, although issues regarding the TAC (Tactical Air Controller) and SAS mission commander’s understanding of the Rules of Engagement (ROE) were not addressed in the public version of the report). The testimony of several officers taken under oath was labeled as not credible by the Commissioners. The RC Report states that no institutional cover-up was at play, but that is laughable in light of what it says about the testimony of most of the senior officials involved. In other words, this was an institutional cover-up by another name, and the name given to the process instead of coverup or whitewash was shoddy records-keeping and miscommunication on top of bad memories. This pushes the onus of responsibility onto individuals rather than the military as an institution. And for those individuals, I guess “incompetent” is a better mark on one’s service record than “liar.”

How those records were lost or mislaid, and whether those bad memories were a product of in-group cohesion or contempt for the process is a matter of conjecture. What is not is that civilians were killed and at least one suspect handed over to Afghan forces to be tortured, both breaches that under international law must be investigated. What is now known is that the possibility of casualties and the transfer of a Taliban suspect to ADF units known for torture was known immediately by the NZDF chain of command and NZ intelligence services attached to them, yet until late in the Inquiry, the NZDF admitted to neither. There is much more by way of deceitful and devious NZDF behaviour, but let’s just come out and say that uniformed officers lied to their civilian superiors for years after the operation and then some lied under oath at the Inquiry. The National government at the time Operation Burnham took place and in the years immediately afterwards may not have wanted to hear the truth in any event and so accepted what they were (not) told by the NZDF brass at face value, but the RC was keen to hear the unvarnished details.

It took them several years and $NZ 7 million of taxpayer money to find out. It remains to be seen what the Labour government will do with the RC Report’s findings and recommendations, but one thing is certain: it going to wait until well after the election to do anything. And there is one other irony in all of this. At the same time that the NZDF was engaged in its campaign of obfuscation and deflection regarding the events of 2010, Transparency International gave it very hight marks for command integrity, transparency and accountability. These marks were the average of scores provided by a select group of specifically chosen “experts” on defense and security. I know because I was one of them and I pointedly gave low marks when it came to exactly these three criteria, so can only assume that my scores were discounted when calculating the overall average. But who gave them such high across-the-board scores if it mine were not included, and what were they thinking?

In any event I urge readers to read Chapters 2 and 12 of the Report, which address issues of civilian control of the military and ministerial accountability to Parliament in a Westminster-style democracy. The RC found that the actions of the NZDF leadership (specifically, misleading, stonewalling, whitewashing and misrepresenting what happened to the civilian political leadership and ministers of the day) wilfully undermined both fundamental democratic principles.

Everything else is gloss.

I do not expect that much will change given the delicacy of the report’s language and the fact that all of those responsible for the worst offences are retired (one only resigned three months ago when the draft report came out and his statements were found to be particularly unbelievable to the point of possible perjury). But it is now on official record that the NZDF has a culture of playing loose with the truth and disrespect for the constitutional principles underpinning its role in society. If implemented, perhaps the recommendation to create an independent Inspector General of Defense may help refocus NZDF attention on those principles. We shall see.

No matter what one may think of Hagar and Stephenson, in the end, minor errors and some hyperbole aside, they were vindicated. That is evident in the Report, which states that the book “Hit and Run” performed a valuable public service by exposing some ugly truths about how the NZDF operates, not so much in the field (although there were some issues identified there as well), but in its interaction with the political class and the larger society which it ostensibly serves.

That is the bottom line.

The military is no quarantine panacea.

datePosted on 13:47, June 18th, 2020 by Pablo

A word of caution: the military is not a quarantine panacea.

At least 60 NZDF personnel have been on quarantine patrol duties since April 1, and yet breaches of the restrictions on physical contact occurred. What is more, the NZDF presumably has its own testing regime in place (for its personnel, primarily–there were at least 7 NZDF cases reported by April–but also as part of the overall quarantine testing regime) and yet no NZDF tests were administered at quarantine sites as far as I can tell. In addition, the NZDF record on transparency is poor. It has a record of coverups and whitewashes (e.g Operation Burnham). So yes, it has the legal authority (under the Epidemic Notice and National Transition Period legislation, which invoke assistance clauses in the Defense Act and/or Section 66 of the Civil Defense Emergency Management Act ) and logistical capacity to improve quarantine restriction enforcement, but it is an open question as to whether it will perform better or report honestly on its mission given its track record. It is folly to simply punt the task of enforcing the quarantine to the NZDF and expect things to automatically get better.

There also seems to be more to the move than meets the eye. In retrospect, it now seems plausible that the Navy crowd control exercise undertaken last week was oriented towards more than overseas deployments (as should be expected and as I had suggested earlier) and raises the possibility that the government knew that things were amiss in the quarantine regime well before the breaches were made public, and yet suppressed that information. There is much to unpack here.

Let’s leave aside what the Health Ministry may or may not have known about quarantine breaches, where in the chain of command did the failures to effectively enforce the quarantine restrictions occur, who made compassionate exemptions without testing, and why anyone in a position of authority would cover up the possibility that a lethal disease had escaped isolation. Instead, given that the quarantine regime is now under military control, questions should be asked as to why that step was needed. For example, why are the police not being used to enforce these quarantine restrictions on freedom of movement of NZ citizens, residents and visitors? Are they understaffed?

This is what the government says that the new quarantine boss, Assistant Defense Force Chief Air Commodore Darren “Digby” Webb, will undertake and what his powers include. First, a”start-to-finish audit” of the existing systems and written protocols at the border. To do so he will have access to the country’s military logistics and operational expertise. Then, if required, he can bring in military personnel to help run the facilities, and make any changes to further strengthen border defences. That is quite a broad mandate.

It also raises more questions. First, Air Commodore Webb replaced former Police Commissioner Mike Bush a few weeks ago as quarantine czar and was in charge when two women who later tested positive for CV-19 were granted leave from quarantine without being tested. Will granting him more authority improve his decision-making or was he hamstrung from the start by MoH officialdom and/or protocols? Second, if 60 NZDF personnel could not stop breaches of the quarantine regime, how many more will be needed to do so? Third, what is Air Commodore Webb’s relationship vis a vis the Health Minister and Director General of Health in light of the above? Can he pull rank on them or is he, and his handling of the health cordon, bound by civilian Human Resources regulations and other non-military protocols when it comes to non-military personnel under his control and supervision? Fourth, even with emergency legislation enabling the deputisation of the military in this instance, is the military bound by the Human Rights Act and other provisions protecting the rights of those detained, or are those quarantined to fall under military law or a mix of military and civilian law under the emergency powers conferred to it?

Normally, when the military is assigned a mission, it develops in advance of deployment an operational plan that includes specific targets and objectives, then marshals resources, prepares logistics, musters personnel, and stages in wait of the order to proceed. In this instance none of that appears to have happened other than the Navy crowd control exercise (if indeed that had a quarantine-related aspect). Instead, Air Commodore Webb will undertake a “comprehensive” audit of quarantine protocols and procedures. Given that he has been on the job for a while, it is surprising that that review did not begin immediately after he replaced former Commissioner Bush. It also means that any military response is still in the making unless planning and preparations have been done unannounced and unnoticed.

There may be simple answers to these questions that clarify the chain of command and rules of engagement in the revamped quarantine regime, and I welcome any clarifications to that effect.

I shall ignore the sideline whinging and bleating coming from the opposition and rightwing commentators. This was the crowd that after initially welcoming the “go early, go hard” approach to the pandemic, started to yelp about lifting the lockdown and re-opening the economy by the end of April. The fools includes university charlatans like the Auckland University VC, who initially claimed that prohibitions on returning students from China were due to “racism,” and more recently cried economic dependence on foreign tuition as an excuse to let them back in, only to have China now enveloped in a second wave of infections–including in the capital city. This, from a guy who is supposedly the leader of a university from which many of the epidemiologists who advise the government come from! Perhaps he should take his golden parachute, fade back into the vapour and leave authoritative talking to others.

Having said that, we cannot dismiss the fact that the two ladies who were allowed out of quarantine on compassionate grounds may be the tip of an infectious iceberg. Something went wrong and it is possible that several people were involved and errors were made throughout the Health Ministry hierarchy that contributed to it. That needs addressing and remedying. Responsibility must be assumed, and if merited disciplinary action must be taken. One easy step would be to offer the resignation of the hapless Health Minister as a sop to the braying Opposition donkeys while moving someone competent into the role (admitting that David Parker may be still in his job because he is instrumental in the DHB re-structuring project).

Whatever the case, it is not entirely clear that a knee jerk move to “bring in the military” is going to rectify whatever went wrong. It might, but the specific ways in which having uniforms lead and run the quarantine regime are a matter of observable action, not blind faith.

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.

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.

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