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

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

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

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

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

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

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

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

The cost of a range clearance.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

A coward’s ploy.

datePosted on 11:52, November 17th, 2019 by Pablo

Some readers may remember that I mentioned last year that I was applying for NZ citizenship. I filled out the paperwork and had my original citizenship interview in February. Everything went well until they discovered that, because I had spent five months in the US in 2017, I had not been in continuous NZ residency for the full amount of time required before the interview took place (one has to spend 240 days in NZ in a 12 month period or 1,350 days across the five years preceding the application, so I was overseas for one month over the 4 month yearly limit). I was therefore ineligible for citizenship at that time.

That was not much of a problem, as everything else looked good to go and I was advised to re-apply at the end of August once I had accumulated the required number of continuous days in residence. That I did, and had another interview in early October, paid my fee, and settled into wait the 3-4 months before getting word as to whether my application had been approved. As it turns out, approval can only be granted by the Minister responsible for citizenship matters upon the recommendation of her staff, so my decision will fall to Tracey Martin of NZ First.

About a week after I applied I was contacted by a Senior Investigator from the Department Internal Affairs. He told me that in early December last year they had received an anonymous email making serious allegations against me and requesting that I be denied citizenship. Because of that, he was duty bound to request a meeting so that I could respond to the allegations in person.

We held that meeting last week. I was relieved to know that the complaint was not of a personal nature. Instead, it concerned by public writing and commentary, including, presumably, on this blog.

The complainant alleges that I am not loyal to New Zealand; that I am not loyal to the Queen and would not be subject to her rule; that my published opinions are contrary to NZ national interests; that I have a strong bias in favour of US interests; that I am a scaremonger; that I am a foreign “imbedded (sic) operative;” and that I am seeking to influence the internal affairs of NZ by foreign interests. The person then goes on to request that my application be rejected on those grounds.

Needless to say I had plenty to comment on. I had to laugh at the references to the Queen since no native-born Kiwi is asked to swear loyalty to her and most of my native-born friends are a wee bit skeptical about royalty in any event. I have heard the stuff about being a covert operative before (CIA, Mossad, take your pick), and as for trying to influence things in NZ I noted that I happily plead guilty to the charge of trying to participate in public debates on matters that fall within my range of interest and expertise given my professional training and background. I noted that the complainant appeared to have a poor understanding of liberal democracy and the freedoms inherent in it.

One thing that interested the investigator was how this person knew that I was going to apply for citizenship. Again, the complaint was made in the first week of December 2018. I could only think of two possible situations where I mentioned my intentions around that time. One was in a professional forum under Chatham House rules. The other was on this blog. So I went into the blog archives and low and behold, in late November/early December 2018 I wrote several posts about the PRC and the Anne-Marie Brady affair (the break-ins of her office and home and the weak Police response to them after her paper about Chinese influence in NZ politics was published). Those posts attracted the attention of a pro-PRC troll who went by the name of Mark and who gave all the appearance of being a Chinese New Zealander. Some of you may remember him, but you will not find him in the comments because I eventually blacklisted him (after labelling him “skid mark”) for repeatingly violating the terms governing comments on KP.

Mark did not solely focus his attention here. Around the same time he wrote similar comments on YourNZ, Bowalley Road, Croaking Cassandra and No Minister (Tom Hunter may recall him). His argument and tone was pretty much the same on all platforms.

I decided to look into Mark just a wee bit. It turns out that last December he created a twitter account under the name Mark Zhang (MarkZha88709847). He posted 16 tweets on December 8, then vanished. I cross checked the language in the complaint with the comments he made here and in other forums as well as the tweets and I am pretty sure that he is the complainant.

There is much irony in this. Here is a guy who is a blatant pro-PRC stooge who questions my loyalty to NZ and sees my supposed pro-US bias as grounds for disqualification. This Einstein does not seem to comprehend that even anonymous emails using VPN can be traced back to their source and that making frivolous complaints that waste official time and resources could warrant further scrutiny (the investigator had to fly from Wellington to Auckland to interview me).

In any event, the interview with the investigator seemed to go well. I was given a copy of the allegations and asked to review and sign the written transcript of my responses, which I did. I am satisfied that there is nothing that I have done in my 22 years living in NZ that warrants my being denied citizenship, but that is for Tracey Martin to decide.

With luck, come late summer or early fall I will be lining up in a citizenship ceremony to pledge my loyalty to the Queen of New Zealand (which, as it turns out, is apparently the wording of the loyalty oath).

I can do that.

An age of protest.

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

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

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

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

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

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

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

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

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

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

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

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

Santiago, Chile, November 2019.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Xenophobia is not always racist.

datePosted on 15:46, July 18th, 2019 by Pablo

I have been reading and listening to the aftermath of Trump’s comments about the four female first term Democratic representatives, all of whom are “people of color.” I found the US coverage interesting both as evidence of partisanship and the deep vein of bigotry that Trump has tapped into in order to advance his political career. But some of the coverage has got me to thinking about how the issue is being framed, specifically whether or not his comments were “racist.”

Here is how I see it: Strictly speaking, the “go back to where you came from” line is xenophobic. It often is underpinned by racism, as in Trump’s case. But it is not the same or reducible to racism because culture, religion, language, dress etc. factor in as well. The primary inference is that the “other” is “foreign.” The distinction is important, especially in a country that has the Statue of Liberty as a national symbol.

Trump’s ignorance of his target’s birth origins does not take away from the underlying anti-foreign message. It appears that in the US xenophobia is more widespread than racism. Trump knows this. That allows him to disavow racism and yet throw bigoted meat to his base because foreigners are “aliens,” the inference being that they are sub-humans who come from crime-infested sh*tholes (his language, not mine). That he speaks of these first generation citizens’ supposed hate for America and loyalty to foreign enemies like al-Qaeda (both demonstrable lies) rather then focus on their racial characteristics is proof that the emphasis is on their foreign “otherness.” Likewise, in calling them socialists and communists Trump and his minions emphasise the “un” American nature of those ideologies and their supposed embrace of them. It is to the xenophobic streak in US society that Trump is speaking to, some of which may be embedded in broader racist sentiment.

As a third generation US citizen descended from Irish Catholic, Italian and Scottish stock, I am well versed in the “go back to where you came from” opinions directed at my grandparents. Then as now it may have overlapped with but was not strictly a matter of racism.

Anyway, as I see it, for all of the nice inscriptions on Lady Liberty, the US has a deeply rooted xenophobic streak that parallels and often overlaps with its history of racism. There are times when one strand overshadows the other, for example during the civil rights struggles of the 1960s when racism took centre stage and xenophobia took a back seat. In today’s context the “acceptable” form of bigotry–besides ongoing homophobia and misogyny–is xenophobia, not racism.

This is what allows the Trump administration to detain thousands of “illegal aliens” (most of the world uses the term “undocumented migrants”) in internment camps. It is what allows it to separate hundreds of “alien” children from their parents and remove them to detention centres far from where their parents are held. The justification for such depravity is not offered on the basis of race but on the basis of birth origin. That, it seems, is more acceptable to many “Americans” who would not accept the wholesale incarceration of African- or Asian-Americans on the sole basis of race.

Oh wait, check that thought. That was only true in other times.

Incidentally, I place qualifier marks around the term “Americans” because “America” refers to continents rather than individual nations, so the appropriation of the word by the US is more a form of linguistic imperialism than an actual descriptor of who is born there.

In any event, I feel that the emphasis on whether Trump’s comments were racist or not obscures and detracts from the fact that xenophobia, stoked by years of endless war against and tensions with foreigners (mostly of color) has made it the preferred form of bigotry wielded by Republicans and those who are fearful of the loss of white dominance in a country where demographic change does not favour them.

Whether or not it will be used as part of a winning electoral strategy by Trump and the Republicans in 2020 remains to be seen. But what it does demonstrably prove is that the historical roots of xenophobic “othering” are being well watered today.

Postscript: Conspicuous by its absence from the MSM coverage is the fact that Trump’s bigotry is, amid all of the rest, gendered at its core. He appears to take particular issue with women who challenge him, especially those who are non-white. He saves the worst of his personal insults for them, and in the case of Rep. Omar he has walked up to the fine line separating protected offensive speech from hate speech. After all, when he falsely claims that someone “hates America,” “is loyal to al-Qaeda,” is a “communist” and even was married to her brother (yes, he did indeed say that), then he is coming perilously close to inciting violence against her. After all, if you condense what he is saying, she is an insolent commie incestuous female who hates America and who therefore does not deserve the common protections afforded “real” citizens.

Yet the media has not focused on these components of his rhetoric as much as they should be. Instead we get the usual analyses that “he is consolidating his base” and “he is trying to tar the Democratic Party with the “four women of the apocalypse” brush”, which if true do not fully capture the evilness of his intent. While I do not think that his offensive views merit impeachment at this point (since in my opinion they do not rise to the level of high crimes and misdemeanours), should anything happen to any one of the so-called “squad,” and should that be the work of a Trump supporter, then I think that there is fair grounds to do so.

A fraught inquiry.

datePosted on 16:21, June 20th, 2019 by Pablo

The inquiry into whether the SAS acted illegally during a nighttime raid on a suspected insurgent’s hideout in Afghanistan in 2010 (code named Operation Burnham), which resulted in six civilian deaths and serious wounds to 15 others, is slowly coming apart. This is unfortunate because the NZDF, which has allocated NZ $8 million to its representation at the inquiry, looks likely to be let off the hook even though the inquiry has revealed a pattern of lying, deception and cover up on its part. The issue transcends the actions of the SAS and allied forces on the ground and moves into the behaviour of the NZDF chain of command in Afghanistan and NZ after the first reports of civilian casualties came to light. Unfortunately, it now seems that will be whitewashed into oblivion.

So far the Inquiry (chaired by Sir Geoffrey Palmer and Sir Terence Arnold) has revealed that contrary to NZDF statements, civilians were known to be killed from the beginning and that at least some of them were “MAMs” (military aged males) who were unarmed. It also revealed that, again contrary to earlier NZDF reports, a US AC-130 gunship was involved in the operation and hit targets as they fled the villages in which the operation was conducted. Some of these may have been women and children, although the NZDF changed the identification of civilians to possible “INS” (insurgents) once the raid became a matter of public attention. The after-action reports demonstrate that little difference was given to suspected INS and MAMs when calling in air strikes, and that the AC-130, which is a rather blunt instrument when used on people out on open terrain, was the primary instrument of death. Only one person was killed by an SAS trooper, that being a hapless unarmed shepard who stumbled towards a SAS sniper position providing cover from a ridge line above the villages.

The NZDF’s (unnecessary, in my opinion) deception and cover up will largely remain lost because of two things: there secrecy in which the Inquiry has been shrouded; and the tactics of some of those who brought the matter to public attention. Let me explain.

The Inquiry was set up as a result of the allegations in a 2017 book by Jon Stephenson and Nicky Hager titled “Hit and Run.” The book followed a series of magazine stories by Mr. Stephenson about the SAS in Afghanistan and the Operation Burnham raid. Mr. Stephenson did almost all of the field research and original writing that went into the book, with Mr Hager joining later in order to add weight to the venture and bring it to quick publication in an election year. Although Mr. Hager got first author treatment on the cover page and in the media, the truth is that Mr. Stephenson was responsible for the majority of what was written in it.

As can be expected given their different roles in the project, the authors differed on some key issues, including the use of non-military maps to illustrate the location of the targeted villages and the tone of some of the language used to describe the SAS’s actions (which have been described by some as “war crimes” committed in revenge for the death of a NZDF soldier weeks earlier). One bone of contention was whether in fact any Taliban associated with the deadly attack on the NZDF land convoy were present in the village of Naik. That matters because the NZDF said that there were and that justified the raid. As it turns out, Mr. Stephenson subsequently reported that indeed, two Taliban commanders–the objectives of the “kill or capture” SAS-led mission–were present in the village but left before the raid commenced. However, the book claim is that no insurgents were present, apparently because none were found by the SAS in the targeted villages and Mr. Stephenson had not yet been able to secure interviews with the escaped Taliban commanders before the dateline for publication. The discrepancy does not invalidate the many other claims in the book but points to differences in journalistic approach between the two Hit and Run authors–differences that, along with other errors in the book (such as location errors on the maps used in the book), the NZDF and its supporters have been quick to seize upon.

The book came out, a furore ensued, the NZDF pretty much denied everything, then slowly began to correct its narrative and admit to much of what was written, and an Inquiry was eventually launched once the Labour-led government was installed (the previous National government refused to launch an inquiry and accepted the NZDF version of events).

The scope of the Inquiry was initially narrowly construed: determine what happened and whether the SAS and its Afghan and US partners contravened the laws of war. This is what led to the near-blanket extension of secrecy to the evidence and testimony given before it, as multiple agencies such as the GCSB and SIS had some involvement in the affair, SAS personnel are normally given anonymity during official investigations, and sources, methods, tactics and the names of individuals could be compromised if transparency was faithfully observed. This has led to disappointment in some quarters and increased tension between the Inquiry leaders and the accusers over the lack of transparency.

The bottom line is that whatever the legitimacy for the rationale behind keeping much of the Inquiry secret, its primary focus was always about the how Operation Burnham unfolded as a combat event. Questions about NZDF post-event misrepresentation could only be addressed once the facts on the ground were established.

I am ignorant of the exact timing of their entrance (perhaps even from the onset), but at some point the much celebrated team of Deborah Manning, Rodney Harrison QC and Richard McCleod (of Ahmed Zaoui fame) were invited to represent the victims of the raid in the Inquiry. It was at that point that things began to fall apart. The reason is that adding the villager’s perspective into the mix at the same time as responsibility was being determined muddled the Inquiry by stretching its terms of reference. Again, the original scope of the Inquiry was to determine what happened, whether illegal acts were committed and to attribute responsibility if so. Once that was established then the issue of reparations, compensation and other forms of victim redress could be discussed because it would be clearly established how they were victimised.

This is an important distinction. It is appropriate for the villagers to testify as witnesses. It is another thing to have them testify as victims. The former seeks to uncover other points of view on what was a chaotic nighttime operation. The latter presupposes culpability and concentrates on the matter of redress. Yet, judging from the legal team’s statements, it is this second matter that appears to be the focus of the villager’s representation in the Inquiry.

Under such conditions allowing villager legal representation to sit alongside the book authors who made the claims against the NZDF in the first instance is akin to putting the cart before the horse. To phrase it in political science terms, it is a case of methodological inversion because the focus on the villagers-as-victims selects on the dependent variable (the situation after the raid) rather than on the independent and intervening variables leading to the outcome (the reasons for and conduct of the raid). Put even another way: Yes, we know that innocent people died and were wounded in the raid and that the NZDF attempted to cover it up. But the question is whether they were killed unlawfully, and if so, by who, exactly? It is only when those questions are answered that discussion of what to do by way of redress can begin.

Unhappy with the proceedings, the villager’s legal team has quit the Inquiry (there is much talk about the villagers being disillusioned with the Inquiry but one has to wonder how much agency did they have and how conversant with the proceedings were they given the fact that they are largely illiterate peasants living in remote valleys 14,000 kilometres away from where the Inquiry is being conducted). Now Mr. Stephenson has publicly revealed that, based on interviews with them, two Taliban commanders were in Naik after all. That is problematic because it contradicts the villager’s original testimony as claimed in the book (which stated that no Taliban were present in the villages before the raid) and Mr. Hager’s supporting remarks to the Inquiry (which Mr. Stepehnson apparently contradicted in his testimony to the Inquiry months ago, where he left open the possibility that Taliban were present in the village before the raid but which he did not confirm publicly until recently). This still leaves a lot yet to be determined but certainly gives the impression that all is not well on the accuser’s side of the table.

I believe that the thrust of the book is correct even if mistakes were made on details and the language in it is a bit strong at times. Although controversial, Mr. Hager’s previous writing on matters of NZ security and intelligence have largely been proven correct. I have a ton of respect for Ms. Manning and Mr. Stephenson in particular, both of whom I know socially. I also believe that the SAS are very professional and are not prone to killing people for the sport of it. What I do not have much regard for is military superiors using secrecy and public relations to spin stories that evade the truth and which serve to shirk responsibility when things go wrong.

Alas, the NZDF brass may prevail in this instance. Most of those in leadership positions at the time Operation Burnham was conducted have moved on to other pastures and would not face punitive sanctions in any event. A few middle ranking soldiers might be called to account but it is doubtful that anything career threatening will happen to them. The soldiers who conducted the raid are very unlikely to be found to have committed illegal acts given the fog of war in difficult circumstances (I say this having read a number of the after-action summaries provided to the Inquiry).

Perhaps I am wrong and the Inquiry will find that the NZDF falsified documents and mislead the civilian leadership of the moment as to what actually occurred that night (one should recall then Defense Minister Wayne Mapp’s statements immediately following the raid versus later, once the book was published and he was revealed as a source for it). In that case perhaps some heads will roll. But I find that prospect unlikely.

What I do find likely is that, undermined by competing agendas amongst the principles involved in confronting the NZDF and shrouded by the mantle of secrecy afforded to it by the Inquiry, the military will pay no price even in the event that mistakes were made and innocents hurt as a result of them. I hope to be proven wrong and stand to be corrected if any of the above analysis is faulty, but at this juncture I think that in more ways than one the NZDF may well have dodged a bullet.

Media Link: The March 15 aftermath.

datePosted on 17:03, June 7th, 2019 by Pablo

I was interviewed as part of an Al Jazeera documentary on the aftermath of the March 15 terrorist attacks in Christchurch. The program is well worth watching because it addresses subjects that most of the NZ media do not want to wrestle with.

You can find it here.

The misogyny of the alt-Right.

datePosted on 12:37, May 22nd, 2019 by Pablo

Comments about Green MP Golriz Ghahraman by ACT MP David Seymour on a reactionary radio talk show, and the threats that followed and which the Police deemed serious enough to merit a security detail for her, got me to thinking about how grotesquely disturbed the Right is in its present form. Seymour, supposedly a Libertarian, calls Ghahraman an “menace to freedom” because she wants to tighten legislation on hate speech (which, unlike protected offensive speech involves the incitement to or support for violence against others). His smear is a deliberate incitement to the alt-Right extreme and an implicit call for censorship, an irony lost on him.

The radio host that he was talking to, Sean Plunket, is a man with serious issues when it comes to women. His track record on gender matters is wretched, so Seymour’s comments gave him room to vent more generally on the subject using Ms. Ghahraman as a foil. What is disturbing is that, as readers may know, violent extremists are surrounded by enablers and accomplices, that is, those who simply look the other way when perpetrators plan and prepare for violence or those who in one form or another, passively or actively help perpetrators in the lead up to the commission of acts of violence.

In that conversation Plunket played the role of enabler while Seymour moved from enabler to accomplice because his dog whistle did in fact, provoke the alt-Right scum to crawl out from under their keyboards in order to heap vicious, often violently sexualised misogynist abuse on the Green MP. Seymour has denied being responsible for the threats made against her, which is akin to Donald Trump saying that he has nothing to do with Russia or the rise in attacks by white supremacists since he took office.

That got me to thinking about a core belief structure of the alt-Right and their white supremacist kin: misogyny. Now, I am no psychologist, psychiatrist or psychotherapist, but one thing is pretty clear: this crowd hates women.

In the case of people like Seymour, it seems that this hatred is born of unrequited lust. Ms. Ghahraman is attractive, smart, and self-assured to the point of being “stroppy” (or as a senior male professor once said to my wife when assessing her suitability for an academic career, “precocious”). But she would never be seen in the company, much less succumb to the courting, of the likes of David Seymour because he is simply a loser who has risen above his proper station in life, one who’s social interaction skills are on a par with the greesy-palmed and pimply 14 year olds that inhabit private schools and believe Ann Rand is “hot.” Boys like these like to bully girls who deep down inside they really, really like but from whom they cannot attract a sideways glance. That is why they get mean. For his part, Plunket projects the image of a guy who has been through a bad divorce or two and/or who has been turned down more than few times in spite of his relative fame and wealth. He is pissed off with women in general, and particularly the mouthy ones who disagree with him yet get to make decisions that affect us all.

We should remember that the misogynist streak pervades the alt-Right, here and elsewhere. It has led to the rise of the so-called “Incel” (involuntarily celibate) culture that has produced several murders of women by blue-balled freaks who think that all of their frustrations and disappointments in life are due to the fact that women will not recognise their genius and consent to having sex with them. Some do not even care about consent but still cannot get laid. This leads them to believe that women are the root of all evil and responsible for the decline of traditional culture, at least when”traditional” refers to a patriarchical white male hierarchy calling the shots over everyone else and enjoying the benefits of their status as Alpha males. These are the type of people to whom Seymour was whistling and for whom Plunket provides a space in which to be safe and comfortable in their views.

If one looks at the common denominators amongst the alt-Right, neo-Nazis, Klansmen, white nationalists and assorted other denizens of forums like 8Chan and 4Chan (which, incidentally, as of yesterday are still viewable in NZ and which continue to have long threads about the “accelerant” characteristics of the Christchurch killer’s actions), there is more than racism, bigotry and xenophobia at play. There is also an unmistakable hatred of women and loathing of what they supposedly represent. Terms like “pussy,” “cuck” (as in cuckold), “wench,” “slut,” “bitch” etc. compete for space with homophobic slurs in the alt-Right discourse. In fact, I am surprised that Seymour and Plunket were able to control their urges to indulge in a few sexist slurs of their own with regard to the Green MP.

It is not just the alt-Right/white extremist extremes that voice such views. Perusal of the comments pages of supposedly Right-Centre blogs regularly turns up variations on misogynist themes in spite of attempts at “moderation,” and Plunket is not the only prominent media commentator who gets to indulge, even if in “wink-wink, nudge-nudge” fashion, a few jabs at females in order to make a point about weakness versus strength (which almost inevitably such opinionating comes down to).

Of course, many if not most women in positions of authority are the subject of misogynist attacks. Equivocators for Seymour like Paula Bennett (now calling for the names of the Parliamentary rapists apparently mentioned in the report on Parliament’s toxic work environment) will try to draw false equivalences by saying that they too were the subject of sexualised attacks, conveniently forgetting that people like Bennett are attacked because of their hypocrisy and nasty policy positions more so than being female per se, and are not in need of security protection an any event. Fellows like Seymour and Plunket will claim that they have (had) plenty of female friends and partners so they cannot possibly be misogynists. This omits one basic thing: the attacks on Ms. Ghahraman are based on who/what she is more so than anything that she does, so regardless of the marital status or physiology of the critic, such attacks are gendered at their core. Even Judith Collins knows that much.

The real issue is that deep inside the abuse of Ms. Ghahraman lies male insecurity–that of sexual rejection and a loss of masculinity. People like Seymour hate women like Ghahraman because they cannot have her and never will, which they fear is a public sign of weakness on their part. This frustrates them immensely, and because they have neither the intellect, looks or social skills to attract such women, that frustration has no place to go other than onanistic rage. Beneath the smirks and the boy’s banter is a deep abiding fear of not measuring up.

That, more than any ideological difference, is what is at play here. So the next time that you hear or read attacks on Ms. Ghahraman and women like her, take a moment to reflect on why, exactly, critics take issue with them.

Launching into trouble?

datePosted on 14:03, May 7th, 2019 by Pablo

On May 5 the NZ-US joint venture company Rocket Lab successfully completed a night-time launch of its Electron booster carrying three US Air Force small satellites (smallsats) named Harbinger, SPARC-1 and Falcon ODE. The STP-27RD mission is part of the DoD Space test program run by the US Air Force Space Command’s Space and Missile Systems Center in collaboration with the Defence Innovation Unit as part of its Rapid Agile Launch Initiative (RALI). Funding for the launch came from Department of Defence (DoD) Other Transaction authority to award service contracts to non-traditional commercial small launch companies. The latter is interesting because it is not a line item category in the DoD budget but instead falls into the discretionary funds allocations category usually associated with the Defence Advanced Research Projects Agency (DARPA).

In its second commercial launch from Launch Complex 1 on the Mahia Peninsula, the booster safely deposited its 180 kilogram payload into an orbit 500 kilometres (310 miles) above earth at an inclination of 40 degrees to the equator. It is also the second launch with a military payload. Harbinger is a US Army sponsored commercial smallsat developed by York Space Systems that will perform tasks that demonstrate its ability to meet US Army Space capability requirements (however vague they may be defined in public, but which are technically specific in nature). The Falcon Orbital Debris Experiment (Falcon ODE), sponsored by the US Air Force Academy, evaluates ground based tracking of space objects. The Space Plug and Play Architecture Research CubeSat-1 (SPARC-1) is a joint Swedish-US experiment testing avionics miniaturisation, software defined radio systems and space situational awareness.

Rocket Lab is a commercial pioneer in Small Lift (SL)/Low Earth Orbit (LEO) booster technologies. Small lift refers to payloads under 500 kilograms and low earth orbit refers to orbits below 1,200 miles. Rocket Lab specialises in boosting payloads of less than 250 kilograms into orbits of 150-300 miles from earth. Smallsats are now broken down into mini-, micro-, nano-, pico- and femto-categories, increasingly in cubesat configurations (with the latter being 4x4x4.5 inch cube units that weigh less than 3 lbs. There are currently more than 900 cubesats deployed in LEOs). The majority of these satellites are used for telecommunications and geospatial mapping. The average cost for a Rocket Lab Electron booster launch is USD$5.7 million, which is very cheap by any comparison, and the company sees future cost reductions when monthly launch schedules give way to biweekly launches from Launch Complex 1 and dedicated facilities operated by NASA in Virginia.

Rocket Lab is touted as a NZ entrepreneurial success story. Indeed it is, although it is now a US based company headquartered in Huntington Beach, USA, with a NZ subsidiary based in Auckland and on the Mahia Peninsula. Most of the capital invested in Rocket Lab now comes from US based funds and companies. The Electron engines are built in Huntington Beach and the launch vehicle assembled in Auckland.

There can be no doubt that Rocket Lab is revolutionising the space industry. But the launch of foreign military satellites by a NZ based company from a launch site on sovereign NZ soil raises some important political, practical and legal questions.

With regard to legal matters, it is worth asking what legal framework is in place governing the use of NZ assets and soil for foreign military satellite launches. Foreign military deployments in NZ are governed by formal agreements, as are NZDF deployments on foreign lands in support of bi-lateral or multilateral missions. Exports of sensitive, dedicated or potential “dual use” (civilian and military) technologies by NZ companies require special export licenses and in some case prohibitions apply to said exports to specific countries. But what is the framework governing foreign military use of NZ-based launchers? As far as I know neither the NZDF or any other government agency have been part of a foreign military satellite launch in NZ, so there is no legal precedent for specifying the terms and conditions governing that activity, much less launches conducted by a NZ-based private firm on behalf of a foreign military partner.

That matters because launches of foreign military non-weaponised payloads, even if they involve signals and technical intelligence gathering technologies, are largely non-controversial and can be covered under the rubric of “scientific research” in any event. But without specific clauses in NZ law prohibiting the launch of foreign military weapons platforms from NZ soil and/or by NZ companies, the field is open for that to happen. With space weapons platforms undergoing the miniaturisation mania that has impacted all aspects of combat from drones to autonomous infantry fighting machines, it is only a matter of when, not if they will be deployed (if they have not been already. India and China have both recently tested satellite killing probes against LEO targets and Russia and USA have long had larger sized offensive hunter-killer satellites tracking each other’s military communications space platforms, even if these are little more than “dumb” bombs that are guided into the target in order to destroy it). So the scene is set for the eventual deployment of space weaponry from NZ territory.

The question is whether there is a legal basis to permit or prohibit foreign military satellites, especially weaponised satellites, being launched from NZ soil with NZ technologies. I am unsure if that is the case one way or another and have heard of no parliamentary or ministerial discussion of the matter. Amid all of the applause for Rocket Lab there has been no pause given to consider the implications of its partnership with a foreign military, albeit a friendly one. If readers know more than I do on the legal governance structure surrounding Rocket Lab’s partnership ventures with the US Defence Department or any other foreign military, please feel free to illuminate me in the comments.

At a political level, it must be asked whether the current government or its predecessor had much input into the decision to accept US military “sponsorship” of smallsat launches using Rocket Lab technologies and facilities in NZ. Was there NZDF and MoD input? Did DPMC and/or cabinet consider the longer-term geopolitical implications of the association, or was the discussion limited to the commercial opportunities presented by it? For a country that works hard to show a commitment to peace and independence in its foreign policy, would not linking US military interests and a NZ-founded company in a dual use venture that uses NZ territory for US power projection in space raise as many concerns as accolades?

There are practical implications to consider. Is Rocket Lab prepared to contract for payload launches with foreign military “sponsors” other than the US? Or have contractual impediments already been put in place to preclude that possibility, or at least preclude the likes of the Chinese, Russians, Iranians, North Koreans and/or others from participating in the opportunity? Is there anything in Rocket Lab’s contracts with the US or other foreign military partners that specifically prohibits weapons platform launches, no matter how small they may be? Absent a law covering that eventuality, it is left to the company to draw the line on who gets to fill the booster nose cones and what gets put in them. Is it fair to ask if Rocket Lab has put any type of restrictions on who it contracts with and what gets loaded onto its military-sponsored payload delivery systems?

If the contract to deliver military payloads is solely and exclusively with the US, then Rocket Lab has painted a target on Launch Complex 1 in the event that the US becomes embroiled in a large-scale conflict with a major power. Even if it allows nations other than the US to launch military payloads on Electron boosters, Rocket Lab has made the Mahia Peninsula a target whether or not weapons satellites are launched from there. After all, the main use of smallsats is for surveillance, tracking, mapping and telecommunications, all of which are essential for the successful prosecution of contemporary wars. So even if smallsats launched from the Mahia Peninsula do not carry weapons on them, the site becomes a potential target.

Put another way: Smallsats are difficult to target once deployed, so space warfare planners in countries that have the ability to do so and are antagonistic to Rocket Lab’s foreign military client/”sponsors” will aim to prevent their deployment from the Mahia Peninsula. That means that they have likely added Launch Complex 1 to their potential target “packages” in the event that great power hostilities break out on Earth or in space. As it turns out, the low cost and quick launch capabilities offered by the Electron booster also make it a great choice for rapidly replacing military satellites of all kinds when lost to hostile action, so prudent military planners will ensure that Rocket Lab’s vehicles do not get off the ground should push come to shove. And given that NZ air space and launch sites are less defended than similar territory in larger countries, the relative ease of launching pre-emptive or follow up strikes on Launch Complex 1 encourages its targeting by adversaries of Rocket Lab’s foreign military partners.

That means, of course, that NZ could be drawn into a land/space war in which it is not a principle but where its soil and facilities is used by one or another party to the hostilities. So the bottom line is this: does NZ have any control over or even say in who and what Rocket Labs gets to work with? Is there any contingency plan in place for the possibility that association with a foreign military in commercial space ventures could lead to the uninvited and untoward intervention of another foreign military power on NZ soil?

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