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Go The Donald!

datePosted on 15:25, September 1st, 2015 by Pablo

I am lucky to be able to vote in the US as well as NZ, and very much relish the opportunity in both countries. In the US I am registered as a voter in Florida, which is a closed primary state. “Closed” primary states are those in which a voter has to declare a party preference prior to the primaries in order to vote in them. For years before and after I established a residence in Florida I listed my political affiliation as “Independent,” something that allowed me to choose a primary to vote in the “open” primary states where voting preferences did not have to be declared prior to primary season (they only have to be declared and ticked off on the day at the balloting station). In 2008 I decided to switch my declared affiliation to Democrat so that I could vote in the Florida Democratic Party primary given that not only were Obama and Hillary running for president, but there were races for the US House, Senate and local seats that needed to see Republicans defeated.

This year I am going to switch affiliation to Republican. Why? Because that way I can vote for Donald Trump in the Republican primary in the hope that he makes it to the GOP National Convention next July. It has been a very long time since either major party has had a brokered convention where several candidates are in the running for the presidential nomination, and should The Donald survive until then the craziness will be well and truly on. Since he is totally unqualified to be dog catcher much less president and unelectable in the general election, it is my sincere hope that he hangs in all the way to the convention and either becomes the GOP candidate, determines who is, or runs a third party candidacy after losing out in the convention to one of the others. The only thing better would be for Kanye to join that gaggle of fools and trolls but, alas, he is going to wait until 2020 to run.

Already The Donald has become to the GOP what Miley Cyrus is to pop muzak: a wrecking ball. The Republican National Committee must be choking on their Cohibas (illegal until the recent diplomatic reopening with Cuba) and dying a slow death every time he speaks or when they read the polls. Because let us be clear: Trump appeals to the stupidest, xenophobic, economically illiterate, racist, bigoted, misogynist, white cultural supremacist elements in US society. He follows in a long line of populist demagogues that extends back through Ross Perot to Pat Buchanan, George Wallace and Huey Long.  He may purport to speak unvarnished truth but in fact what he says is most often non-sensical rubbish that fails to address reality much less the intricacies of democratic governance with a division of powers: he is going to “do the deal” with whomever; most Mexicans are rapists and drug dealers; he will “build a wall and make Mexico pay for it” (along 1,900 miles of topographically challenging terrain that includes numerous sensitive ecological zones and wildlife corridors); he will deport “illegals ” and their “anchor babies,”  (all 14 million of them); he will simultaneously confront China, Iran and Russia; he will make the US military “great” again so that no one will “mess” with it (forgetting that the US spends more on defense than the next seven countries combined–US$610 billion or 20 percent of US federal spending and 3.7 percent of GDP–and still has people “messing” with it); he will provide better women’s health care in spite of gutting Planned Parenthood and removing health care for “alien” women because he “cherishes” women in general (ignoring the fact that two of his wives were not citizens when he married them). Everyone in politics but him are incompetent or idiots. His speeches are endless repeats of these and other inane mantras interspersed with self-congratulatory self-praise and personal insults directed at his rivals, all other politicians and anyone who disagrees with him.

The truth is that he has no plan, has no policy agenda, has no friggin’ clue what it is like to deal with the complex issues that confront the US. And that is why the rednecks and dimwits like him. He makes the hard seem easy.

What is great about this is that he is forcing the other GOP candidates to respond to him, and they have stepped up to the plate in predictable style. Among other gems, Ben Carson (the neurosurgeon) says homosexuality is a choice because men go to prison straight and come out gay; Scott Walker just suggested that building a 3,987 mile wall on the Canadian border is worth looking into; Jeb Bush wants to abolish Planned Parenthood and believes that the invasion of Iraq “turned out well;” Ted Cruz and Marco Rubio want walls and deportations even though they are children of recent immigrants who were legally documented after, not before their arrivals. They all claim that the US military and its veterans have been crippled by Obama even though it was Bush 43 who ordered them into two simultaneous wars while cutting back veterans benefits as well as the budget for post-combat trauma rehabilitation. They all claim that ISIS is an Obama invention even though it was Dubya’s purge of Saddam’s army that provided the leadership material for what became ISIS’s fighting forces. They all oppose gun control and climate change science and all support hacking, fracking, drilling and spilling regardless of environmental consequence. They all oppose abortion and gay marriage even if some of their past records indicate otherwise. The list of idiocy goes on but should not surprising given that Rick Perry, Rich Santorum, Mike Huckabee and several snivelling weasels remain in contention.

As things stand now, the GOP primary is a circus. There may not be any juggling or animal acts, but there sure are a lot of clowns, and The Donald is the ringmaster. Even if the number of viable candidates drops to 2 or 3 by the time of the GOP convention, it will be Trump who sets the Right’s narrative for the general election. Yippee!

It looks like the US media has decided to sit back and watch the circus unfold. Fox News tried to undermine him in the first debate that it aired, but his nasty personal attacks on the female panelist only strengthened his support among the troglodyte crowd and has forced Fox to backtrack and give him coverage as the Party favourite. All other outlets are content to watch the train wreck proceed while offering the mediocre tedium that passes for informed analysis by the usual spectrum of pundits. As a result, the GOP favourite, Jeb Bush (or “Mr. Low Energy,” as The Donald calls him) has seen his coverage slip to the sidelines along with the other yokels. Likewise, for all of the Fox News chest beating, Hillary Clinton is getting a general pass by the press because her sins are run of the mill when it comes to DC politics and her campaign is about practicable policy, not theatrics.

The key to the outcome will be seen in January when the first GOP primaries are held. If The Donald does well in them he will be hard to stop. So the RNC has to find a way to do him in either before then or to go all out nuclear on him should he prevail in Iowa or New Hampshire. That is when the questions about his draft dodging, drug use, association with organised crime, commercial racism, trust fund baby status, adultery, academic record embellishment and a host of other peccadilloes and not-so-small sins will find their way into the mainstream media. But even then he may be too big a juggernaut to derail in time for the GOP to coalesce around another candidate who may stand a chance in the general election.

I cannot begin to express how delighted I am to watch this unfold. The Donald may well force the GOP to split into two, with the Tea Baggers on one side and the corporate sponsors on the other.

Either way, he is single-handedly killing the US Right as a unified political force.

For that I have one thing to say: Go The Donald!

Suggestions for the Intelligence Review Committee.

datePosted on 14:40, August 27th, 2015 by Pablo

Readers will know that I expressed my unhappiness with the composition of the Intelligence Review committee and my belief that, save some cosmetic changes, a whitewash of the NZ intelligence community (NZIC) could be in the offing. Although I spoke with several people who were making public submissions to the committee (the deadline for which has passed), I decided not to waste my time given the press of other business and likely futility of doing so.

To my surprise, a month or so ago I was invited to speak privately with the committee, which for those who do not know consists of Sir Michael Cullen and Dame Patsy Reddy. The terms of reference for the committee are quite narrow on the face of it but I took the view that they can be interpreted more broadly in the context of the Review. The two major terms of reference focus on whether the legislative frameworks governing the New Zealand Intelligence Committee (NZIC, and GCSB and NZSIS in particular) “are well placed to protect New Zealand’s current future national security, while protecting individual rights; (and)..whether the current oversight arrangements provide sufficient safeguards at an operational, judicial and political level to ensure that the GCSB and NZSIS act lawfully and maintain public confidence.”

More specific matters subject to the Review include whether the 2014 Foreign Fighters Act should be extended or modified before its March 31 2017 expiry date; and whether the definition of ‘private communication’ in the GCSB legislation is satisfactory.

I decided that I would accept the opportunity to speak with Sir Michael and Dame Patsy in spite of my reservations about the Review process. Without going into the details of the meeting, here is some of what I outlined to them.

I started off by noting that much of the commentary about the NZIC was mistaken in its classification of the GCSB as the “foreign” spy agency and the NZSIS as the “domestic” spy agency. I pointed out that the proper classification was that the GCSB is the signals and technical intelligence agency (SIGINT and TECHINT in the parlance) and that the NZIS is the human intelligence agency (HUMINT). Both have domestic as well as foreign espionage roles, although these needed to be explicitly detailed in law and circumscribed as much as possible when it came to the domestic side of the fence.

I continued by stating that the Countering Foreign Terrorist Fighters Act needs to be abolished. People who commit violent crimes abroad, particularly war crimes and crimes against humanity, can be detained and/or charged under criminal law and extradited to face justice in the jurisdictions in which the crimes were committed. If that is not possible they can be tried by the International Court of Justice in The Hague. This is true whether they are identified as individuals or as members of a group that commits atrocities. So long as there is evidence of involvement in criminal acts, there currently are means of ensuring they face justice without politicising the cause.

I said no to the idea of revoking their passports to prevent their return and noted that the presumption of innocence should apply to returning fighters who are not implicated in atrocities even if they were involved in foreign conflicts. I also noted that according to Western intelligence estimates, less than 50 percent of those who travel to fight with ISIS return alive, and of those the vast majority are too traumatised to consider committing acts of violence on home soil.

We had a lengthy discussion on what constitutes a “private communication.” The 2014 GCSB Act states that it  anything a person could reasonably expect to be public in nature, say a Twitter or Facebook posting or even email on providers such as Google or Yahoo that data mine their clients information for advertising purposes (all of which is voluntarily agreed to by clients under the terms of service, which is what they are required to tick off on before setting up an account). I feel that definition is too vague, broad and permissive when it comes to GCSB powers of electronic surveillance. My bottom line is that a private electronic communication is akin to a dinner table conversation: that which a person has a reasonable expectation will not be repeated or listened to by people outside of the immediate context in which it was made.  I noted that personal data mining for advertising purposes was a bit different than the State doing so for security purposes–especially when it does so without consent (since I doubt many people ticked a box allowing the GCSB or other intelligence agencies to monitor their private communications).

If the authorities cannot read our snail mail letters without a warrant or consent, I do not believe that they can read our electronic mail without such either. That still leaves the issue of meta-data and bulk collection, but as I have written before, I do not believe that the latter is equivalent to mass surveillance for technical as well as legal reasons.

With regard to legislation, I suggested that the Search and Surveillance Act needs to be narrowed because it has been expanded too much as a result of post 9/11 hysteria. I also suggested that the GCSB Act be reviewed and narrowed with regards to its powers of domestic espionage. Although I have no real problem with its “Assistance” role when it comes to aiding the NZSIS or Police on home soil, and fully understand that the Act needed to be upgraded to cope with cyber espionage, crime and warfare, I believe that its powers of warrantless surveillance on NZ soil are too broad and intrusive. Narrowing the GCSB Act would still allow the GCSB to engage in defensive measures and counter-espionage with or without the help of its sister agencies, but it would prevent it from conducting offensive operations against NZ domestic targets without a warrant.

Most of what I had to say about legislation consisted of a proposal that the NZSIS Act be amended so that it is stripped of its domestic espionage and security vetting functions. Those should be moved to the NZ Police (who need to be resourced accordingly), since the Police already do much domestic spying and background checks. Perhaps even an FBI or MI5-type civilian domestic espionage agency could be created that answers directly to Crown Law if not the Attorney General (fully understanding the political nature of the latter). The reason for this proposal is that as things stand the NZSIS does foreign human intelligence gathering, domestic human intelligence gathering, counter-espionage and security vetting. An agency of 300 people (counting clerical staff) might be able to do one, perhaps two of these tasks adequately, but it simply cannot do all four anywhere close to efficiently or effectively. Since the type of signal and technical intelligence collected by the GCSB and its foreign partners can only paint part of any given intelligence picture, it behooves the NZSIS to complement that with an autonomous human intelligence capability that focuses on areas of foreign policy priority or concern. It is important to know about the context–as in culture, mores, norms, personalities, interests and attendant modes of behaviour–in which signals and technical intelligence is obtained, and that should be done independently by NZ in areas of priority interest (say, the South Pacific).

In terms of oversight I noted the gross inadequacy of the current “arrangements.” I suggested that there  needs to be better parliamentary and judicial oversight of the NZIC, and that this has to be proactive as well as retroactive in nature. If I was running the show I would leave the Inspector General of Intelligence and Security (IG) as the in-house executive branch oversight mechanism, perhaps by re-locating the IG office to Crown Law jurisdiction and out of the immediate control (via resourcing) of the NZIC and Prime Minister’s office (DPMC). I also have little issue with the current state of the Commissioner of Warrants and Minister of Intelligence and Security signing off on warrants.

Yet I spent considerable time explaining how important a division of powers is when it comes to intelligence oversight in order to avoid bureaucratic “capture” by the NZIC. I proposed that a dedicated parliamentary committee on Intelligence and Security be created, as an agency of parliament with its own permanent staff, that would have proactive and retroactive powers of compulsion under oath. This agency would serve as the non-partisan, apolitical support base for the Select Committee on Intelligence and Security comprised of politicians, and that the Select Committee include members from all parties that receive over 5 percent in the previous election distributed proportionally, with the PM serving as the tie-breaking vote.

Both the Select Committee and permanent staff would have the ability to investigate operational matters and scrutinise classified material rather than rely on unclassified summaries provided by the Directors of the GCSB, NZSIS and other intelligence shops like the NAB. This would require them to sign secrecy oaths but so be it–if they want to sit at the table that is the price the politicians will have to pay (the permanent staff of the committee will of course have been security vetted in order to receive clearance to handle classified material). I fully realise that all of this will cost money and encounter bureaucratic and political resistance, but I think it is very important to undertake these reforms in order to prevent the type of NZIC excesses that have brought us to the current moment.

In order to resolve disagreements  and arbitrate disputes between the NZIC, the IG and parliamentary committee on matters of lawful and unlawful NZIC activities, I suggested that an intelligence tribunal or juridical review panel be formed using High Court justices, QCs or other distinguished jurists. This would serve as the court of last recourse and final appeal on all matters pertaining to the legality of NZIC operations.

Finally, I reiterated my belief that Edward Snowden provided NZ with the opportunity to re-negotiate some of the terms of agreement with its 5 Eyes partners. These will not disrupt the core of the agreement, much less result in NZ’s exit from 5 Eyes. But it could allow NZ to withdraw from conducting front-line offensive intelligence operations against states that have great leverage on it, be it in trade or other areas vital to NZ’s well-being. Thus, for example, NZ could ask to not take the lead in spying on the Chinese in the South Pacific simply because if that were to be made public the Chinese would have to respond even if just to save face (and I believe that the need to respond involves a heck of a lot more than matters of national pride or “honour”). The PRC cannot retaliate to any punishing extent against the other 5 Eye partners given the strategic leverage these have relative to it. But little ‘ole NZ is very vulnerable on that score and could be an easy whipping boy for the Chinese should they want to get the message out that impudent small nations mess with it at their peril.

This re-negotiation does not preclude from NZ doing defensive spying and counter-espionage against any state or non-state actor. But it keeps NZ out of the line of fire of aggrieved large powers should the nature and extent of 5 Eyes espionage continue to be publicly exposed thanks to the Snowden material.

The response of the committee was polite but succinct: the last suggestion was beyond their terms of reference.

 

The hall echoed with the sound of apathy.

datePosted on 16:50, August 7th, 2015 by Pablo

I attended the Auckland public meeting on the Intelligence Review organised by the NZ Council on Civil Liberties and a coalition of activist groups under the “Get Smart” banner. The idea was to encourage the public to join in submitting a “People’s Review” of the NZ intelligence community that would go beyond the rather narrow terms of reference of the formal Review undertaken by Michael Cullen and Patsy Reddy. The meeting was held in a inner suburb library hall at 6:30 on a Thursday night. It had the makings of a stirring call to popular participation and civic action.

Counting myself, a total of ten people showed up to listen to the speakers and debate issues relevant to the Review. The speakers spoke about the evils and sins of the CIA, GCSB and SIS at home and abroad, about the dangers of recent expansions of spy agencies powers and related legislation such as the hastily passed foreign fighters bill, and about the patently bogus questions asked on the public submission forms for the Review (such as asking if people felt that the government should protect them from terrorism). But truth be told, the empty hall echoed with the sound of apathy. Not so much from those of us who attended and spoke, but from those who did not.

In any event it was a pretty dreary and dispiriting affair. Nowhere to be seen were those who championed Kim Dotcom’s “Moment of Truth” or the voluminous clouds of conspiracy-mongering that went with it.  From what I could tell, there was no one from UNITE, MANA, Internet Party, GPJA or any other activist group other than the Communist League. The usual assortment of Left pundits and party progressives, from the bombastic to the erudite, were nowhere to be seen. It was so bad, even Penny Bright did not show up.

I was told that meetings in Christchurch and Wellington were better attended, but from the looks of the Auckland gathering the issue of how, why and when the NZ intelligence community does what it does is no longer of import to local chattering classes, much less the fair minded among them.

I sure hope that I am wrong. I suggested at the meeting that a two pronged approach to the Review needed to be undertaken. On the one hand, the broad questioning of the intelligence community outlined in the terms of the People’s Review is necessary for framing the larger counter-narrative to the official lines spun upon us about the value and benefits of NZ’s intelligence operations. On the other hand, detailed, sophisticated and technical submissions sharply focused on the terms of reference are needed to prevent Cullen and Reddy from claiming that no practicable or actionable information was obtained from the submissions. I offered some thoughts on the need for better intelligence oversight mechanisms and how they could pave the way for further reforms of the intelligence community and legal frameworks governing it.

My comments were preceded by those of a fellow who spoke of spying on Maori at TVNZ. I was followed by a fellow from the Communist League. At that point it was time to take my 18 year old cousin in law back to dinner because even his eyes were rolling in the back of his head.

If this meeting is symptomatic of the state of the NZ Left, then it is well and truly  screwed. Or perhaps it is just a Jafa thing.

Loansharking Greece and odious debt.

datePosted on 10:57, July 7th, 2015 by Pablo

I do not purport to be an economist nor would I ever want to be. Theirs is a world of implicit assumptions and pseudoscience that only a brave few have challenged from within. However, theirs is also a discipline that in theory and practice can shape the fate of millions, which is why I pay more than casual attention to them. Thus it is that I came to ponder the financial situation in Greece, a place that I lived in in 2010 at the start of its downward slope towards the current moment (my wife has researched and written on matters of Greek political economy and I have an interest in Greek civil-military relations, so our stay was mutually beneficial). Here is my non-expert view of things.

When lenders charge interest on principal loaned, they prefer to have the interest paid rather than the principal. This loan repayment rationale, which is true for states, firms and individuals, keeps the debtor beholden to the lender so long as the principal remains unpaid. Over time, the interest accrued can well exceed the amount lent, which is perfectly fine from the lenders point of view but keeps the debtor permanently saddled in a cycle of interest payment unless the debtor earns additional income (revenue) that can be directed towards paying down the principal. Short of a lottery win, a pay raise or new sources of revenue, debtors on relatively fixed incomes are locked into the cycle of debt.

Greece is in that situation. Until 2008 it was servicing the interest payments on its debt to international lenders (mostly the European Central Bank, various national banks and private investors). Then the international financial crisis of 2008-09 hit, which had nothing to do with Greece per se but which drove up interest rates. With a stagnant economy and flat tax revenues, Greece quickly found itself unable to make interest payments and, in a dramatic revelation, announced in 2010 that it had been systematically underestimating its fiscal deficit in order to maintain interest payments on its debt at a sustainable rate. At that point many private investors dumped their Greek debt holdings and the IMF assumed a significant portion of them as well as some of that accrued by European public banks.

The Greeks were subsequently offered two “bailout” loans that allowed them to continue to pay the interest on their debt, which together with the principal now amounts to nearly 250 billion Euros. With interest set at approximately 4 percent annually, the figure is set to reach the half trillion euro mark in a few years. Even if interest rates were capped at zero, it is estimated that it would take Greece 81 years to repay the amount currently owed.

There are several questions arising from the Greek debt. Why, since the interest paid is now more than the principal borrowed, does not the ECB and IMF put a cap on the debt? Why did investors continue to offer loans to Greece when it turned out that the Greeks were fiddling the books, and that neither the principal or the repayment loans ever trickled down to the general public in terms of public goods and services? Why does it expect the Greek population to pay via austerity for the risky borrowing of Greek elites and the even riskier lending of European banks?

Asking the Greek people to shoulder the burden of austerity–in a country with 30 percent general unemployment and 50 percent unemployment for those under 30, with a massive brain drain of educated professionals, porous borders and deep cuts to public sector salaries, pensions and basic services–is akin to forcing the children of crack addicts to starve and swab floors in order to pay for the rehab treatment of their parents. And the outcome is just as uncertain.

Let’s look at it this way. Capitalism is about assuming risk for higher reward. In the financial world, the riskier the investment the higher the interest paid on it. And just like quick finance and pawn shops are located in poor rather than rich neighbourhoods, high interest bonds are issued on “risky” countries with poor credit ratings and histories of financial instability. For “courageous” investors riding the line between high interest and junk bonds, the rewards for so-called bailouts are great. But the downside of a default is that they will have to wear losses, just as many ill-advised investors have to.

Greece is one such high risk place and those who lent to it knew this from the beginning.

With that in mind is is easy to see that the behaviour of the “troika” (the European Commission, European Central Bank and IMF) can be (and has been) likened to loansharking and needs to be treated as such. When people seek debt relief from loansharks, banks or credit card providers, they arrange to repay a capped sum and a payment schedule is established. The alternative is bankruptcy, which leaves the creditor with nothing. Although suboptimal from the lender’s point of view, the capped payment alternative is better than nothing.

When it comes to states, the decision to cap debt is a political decision, not a financial one. That is because the stability of states is more important than the returns on risky investment, especially when ample returns have already been received, many creditors are no longer at risk and demands for future returns put state stability at peril. In the case of Greece there is a twist, in that the referendum on whether to accept austerity was the first political iteration in a multi-step process. Now that the Greeks have refused more austerity, it is the turn of the EC to make a political decision of its own.

Let’s be clear: this is not a Greek crisis; it is a crisis of European finance capital. The demand for more Greek austerity is not about servicing the debt but about humiliation, punishment and deterrence of others who might dare to do the same.

The people who should seek answers are those who invested in the agencies that undertook the high risk lending strategies that have brought us to this moment. The people who are responsible for the crisis are not average Greeks but suits sitting in fancy offices in Athens, Brussels, Frankfurt and London. They are the ones who took the risk on Greece and they are the ones who need to be held to account.

This does not absolve Greeks from their own mistakes. Certainly the culture of entitlement and the pervasive corruption in Greek society needs to be addressed. But here again, this was well known to foreign creditors at the time they lent money to Greece, and for all the everyday petty corruption in Greece involving phantom war veterans and people faking disabilities, it is the Greek political-economic elite who elevated institutional corruption to an art form. Syriza proposes to confront them as well as the lower-level scams but in order to do so it must show that it can negotiate a debt payment agreement that puts the interests of average Greeks first.

There is a way out of the imbroglio that can leave Greece in the EU without undergoing more austerity punishment. In international law there is a concept known as “odious debt.” Odious debts are those that are incurred by governments that do not go to their stated purposes or are ill-gotten from the onset. Under international law, odious debts are the responsibility of the incurring parties and are not the responsibility of their successors. As such, they do not have to be serviced by others if the responsible parties cannot be made to pay.

One can argue that the debt incurred by pre-Syriza governments from 1999-2008 fall into the odious debt category and should be forgiven as such. If anything the political parties in government during the time the debts were incurred can be sued for repayment (these being the Panhellenic Socialist Party (PASOK) and New Democracy (ND)). Whatever happens, it is clear that Greece has not seen the purported benefits of the loans incurred by previous governments (to include the now abandoned or derelict Olympic facilities) but it has paid more than its fair share of interest on them. By any reasonable measure the remaining debt is now odious.

In the end this is a cautionary tale with minor and major sub-plots. The minor plot is about sustainable debt and the limits of debt relief. The major plot is about the perils of political union. The EU needs to understand that how it addresses the minor plot will determine the conclusion of the major one.

Bonus read: Although I do not agree with some of his observations, Brian Easton has a nice short piece on the Greek situation here.

 

Considering the Implausible.

datePosted on 18:24, July 2nd, 2015 by Pablo

From time to time I am invited to give public presentations on subjects within my areas of interest. Depending on the topic I sometimes offer ideas for the audience to consider. At a think tank gathering last year I offered the suggestion that parliament should consider the proposition that New Zealand be the first country to publicly and formally renounce the use of lethal drones at home and abroad. I pointed out that although security conservatives and military commanders would oppose the move because it limited NZDF (and perhaps in the future NZ Police) tactical options, it was worth debating on moral and legal as well as practical grounds given New Zealand’s unique political culture and international standing. Since 90 percent of what military drones do is non-lethal and the NZDF does not have a lethal drone capability as of yet, it seems worth a try.

That proposition went nowhere. Some left leaning commentators supported the motion (most notably No Right Turn and one of the authors at The Standard). But no a single political party, to include the Greens, Mana and the Internet Party, adopted it as a policy proposition and it was never brought up in parliament.

This year I was at another event that featured academicians, students, policy practitioners, journalists and diplomats (foreign and Kiwi) discussing New Zealand’s past, present and future foreign policy. I was matched with a representative of the New Zealand intelligence community and a security academic on a panel that addressed intelligence issues, specifically, New Zealand’s intelligence role in foreign policy.

As part of the discussion I suggested that Edward Snowden had done us a favour by exposing the extent to which NZ is a fully integrated member of the 5 Eyes signals intelligence network. The reason is that with the revelations that have come from the documents that he passed on to journalists, New Zealand has an opportunity to re-negotiate some of the terms of its participation in 5 Eyes. I noted that withdrawal from 5 Eyes was not an option–I said that it was like trying to leave the mafia. But the specific terms of what the GCSB does for 5 Eyes could be discussed given that New Zealand is by far the most vulnerable of the 5 Eyes partners to retaliation from the countries that it targets as part of the division of labour within Echelon. I specifically  mentioned that NZ might broach the subject of reducing its role in spying on China given how trade dependent NZ is on the Asian giant.

A couple of journalists in the room ran stories on the suggestion and the PM was asked about it at his weekly press conference. He rejected it out of hand and said that NZ would not modify its intelligence operations because of trade considerations because what it did in was in the national interest.

The Snowden documents suggest otherwise, but that argument can be left for another moment.

Let me explain why NZ has an opportunity to re-negotiate the terms of its agreement with the Anglophone powers even though it cannot withdraw from 5 Eyes entirely.

If NZ were to withdraw from 5 Eyes it would lose the substantial benefits, unique to a small country, that it accrues from being in an alliance with four bigger partners with global reach. The flow of intelligence within 5 Eyes is very much reciprocal but what NZ receives is far more than what it delivers to the network. It is tasked with using shared technological means located on or operated from NZ soil (including its diplomatic missions) to target  specific entities of common interest to the larger partners, and in exchange it receives global as well as more NZ-specific intelligence from those partners.

That is just one reason why withdrawal is unlikely. But think of the consequences if NZ unilaterally decided to opt out of Echelon. It is in possession of some of the most advanced signals interception technologies on the planet. The GCSB knows the processes, procedures, means, methods and protocols of the entire network. Fear that this knowledge and technologies (say, for example, X-Keyscore and Prism) could fall into hostile hands will inevitably prompt a negative response from NZ’s erstwhile intelligence allies, and that response will not be confined to the field of intelligence (I am aware of reports that some of the technologies and methods mentioned in the Snowden documents have been decrypted by Russian and Chinese intelligence but am not sure as to what extent this may have occurred).

Were NZ to try and establish an alternative signals intelligence network with other powers, the remaining 5 Eyes countries would likely move beyond defensive measures and into the field of offensive intelligence operations against NZ. In other words, the exit costs will be too high given the uncertain benefits received in the event of withdrawal.

That being said, the GCSB is integral to 5 Eyes operations. The partners cannot afford to alienate NZ on issues that are critical to NZ but marginal or less costly to them. Although they never thought that their operations would be exposed in the measure that they have, the 5 Eyes partners are now acutely aware, thanks to Snowden, that they rise and fall together when it comes to exposing how they go about signals intelligence acquisition and who they target. They can therefore ill afford to call NZ’s bluff on a matter that is of critical importance to the latter.

I would argue that bilateral trade with China is one such matter. Even if they have a pretty good idea of what the GCSB does for Echelon, public revelation of NZ having a lead role in spying on the Chinese at home and abroad will force the PRC to retaliate in some fashion, even if just to save face as an emerging great power with super power pretensions. It must show that it should not be disrespected and meddled in by small states no matter who those states are allied with. The means by which it can reach out and touch NZ in a bad way are myriad and not confined to diplomatic or economic relations.

The only reason that it would not do so is if it has counter-intelligence access to GCSB operations and wants to keep those “backdoor” channels open in spite of the publication of specifics about NZ espionage against it.

If NZ were to say to its partners that given its vulnerability to Chinese utu the GCSB would prefer not to take a major role in spying on the PRC, it is possible that the other partners will listen and consider the request. The GCSB can still spy on South Pacific, Latin American and other nations that do not have much leverage over it, as well as the UN, various NGOs and private firms as it is doing now. But it would give a pass to spying, at least in a major way outside of NZ territory, on the Chinese.

In my view, such a position would not prevent the GCSB (and SIS) from conducting counter-intelligence operations against Chinese espionage at home and abroad. Even if they know about these defensive measures the Chinese will likely not make an issue of them given that they instigated the back and forth. Where I would draw the line is on offensive operations against Chinese targets, especially when at the behest of the larger partners.

I am not surprised that John Key has no interest in this proposition. To do so requires political courage and a commitment to putting NZ national interests first. Neither is in his repertoire. Plus, even if he were to think about the dilemma posed by NZ’s increasingly counter-poised trade and security interests, any renegotiation along the lines I have posed would be done quietly and not publicly announced, much less at a press Q&A. But I doubt the latter is the case.

In any event, this is a potential moment of opportunity to redefine the terms and conditions of NZ’s involvement in 5 Eyes, however implausible that may seem at first glance. There is a supposed review of the NZ intelligence community now underway that could serve as a sounding board for opinions on the suggestion, and I am happy to add my two cents to the discussion should that be deemed worthwhile.

A hard rain is a’gonna fall.

datePosted on 14:16, May 22nd, 2015 by Pablo

Although I am loathe to prognosticate on fluid situations and current events, I have been thinking about how the conflict in Iraq has been going. Although I do not believe that the Islamic State (IS) is anywhere close to being the global threat that it is portrayed to be in the West, I do believe that it is an existential threat to Syria, Iraq and perhaps some of their Sunni neighbours. Unlike al-Qaeda, which has limited territorial objectives, IS is political-religious movement with serious territorial ambitions that uses a mix of conventional and unconventional land warfare to achieve them. Given that difference, below is an assessment of the situation in Iraq after the fall of Ramadi into IS hands.

Iraq’s Anbar Province, a Sunni stronghold, is now under IS control. Tikrit was occupied a few months ago, Falluja and Haditha fell some weeks ago and Ramadi was conquered a week ago. To the northeast, Mosul remains in IS hands, while Baiji (site of major oil processing facilities) and Samarra remain under siege. With dozens of smaller towns in Anbar and elsewhere under IS rule, to include a front extending south-southeast from Tikrit to the eastern Baghdad suburbs along the Tigris River basin, the advance on the capital appears inevitable. Or is it? In this post I attempt to outline the strategic situation that the NZDF has thrust itself into.

28D32BC000000578-3087517-image-a-9_1432030518818Map courtesy of the DailyMail Online (http://www.dailymail.co.uk).

First, let’s look at the positives (from the West’s perspective). There is no way that IS can physically take and occupy Baghdad. A city of nearly four million people, most of them Shiia, Baghdad is a fortress when compared to what IS has tackled so far. It has concentrated military forces, is the seat of national government and is the location of numerous foreign military and diplomatic missions. It is therefore a strategic asset that Iran, the West and Iraqi Shiites cannot afford to lose. Moreover, IS is stretched too thin on the ground in Iraq to have the numbers to engage effective urban warfare against a determined and concentrated enemy, has no air power and does not have enough Sunni support in Baghdad to make up for the lack of numbers on the ground (A digression here: IS has a Salafist ideology buttressed by Ba’athist political and military organisation. Much of its leadership is drawn from the ranks of displaced Sunni Ba’athist officials in the Saddam Hussein regime, and it enjoys considerable support in Sunni Iraq. This accounts in significant measure for its success in Anbar).

Although not located in Anbar, Mosul, Samarra and Tikrit also have Sunni majorities, so the trend has been for IS to target and conquer urban areas where its sectarian support is matched by demographic numbers. The question remains as to whether its military campaign can be equally successful in Shiia dominant areas to the east and south of Baghdad, where Iranian forces also have a presence. That appears unlikely.

On the negative side from the West’s perspective, IS appears to be engaging in a pincer movement designed to surround and isolate western and northern Baghdad from the rest of the country. If it able to control the land routes in those areas it can cut off not only supply lines between Baghdad and its allied forces in the north and west, including Camp Taji where the NZDF is supposed to be stationed (I say supposedly because I have read an unconfirmed report that the NZDF deployment are stuck in Baghdad because of the increase in IS hostilities), but it can also proceed to apply a chokehold on supplies entering Baghdad via the north and west. As part of this strategy IS will target the power grid that supplies Baghdad, the majority of which comes from its north (including the power plant at Baiji, now under siege) as well as water supplies drawn from reservoirs in the northwest and piped to Baghdad. This will not be fatal if the Baghdad government can keep its land lines of supply in the south and east open, but it certainly will hinder its ability to keep some (more than likely Sunni) neighbourhoods stocked with life essentials, which will only exacerbate their alienation from central authorities and perhaps contribute to their support for IS.

Moreover, if more difficult to achieve, IS does not need to control all of the territory to the east and south of Baghdad in order to choke it off. All it has to do is establish a thin mobile front that can gain and hold intercept points on the major highways surrounding the city (and relatively close to the city limits at that, which obviates the need to fight Shiias further afield). This includes targeting power and water supplies coming from the south and east.

In other words, IS does not have to achieve strategic depth in order to choke the arterial routes leading into the city from the south and east. Coalition airpower may be able to stave off this eventuality for a while but without ground control that allows unimpeded re-supply, Baghdad will be operating on a scarcity regime within a few months. Resupply by air, while significant, cannot substitute for land supply, and it is worth noting that Baghdad airport as well as the infamous Abu Ghraib prison (where many Sunni militants are held) lie west of Baghdad and have recently been the subject of IS attacks. In fact, in the last year both Abu Ghraib and the prison at Taji have been the scenes of major prisoner jailbreaks orchestrated by IS, with many of the escapees now thought to have joined its ranks in an effort to increase its knowledge of the local fighting terrain.

A microcosmic version of this scenario involves the city of Taji, location of Camp Taji, the huge military base that is the destination point for the NZDF contribution to the anti-IS coalition. Straddling national highway one 20 miles northwest of Baghdad west of the Tigris river, Taji is the last significant town on the run south into Baghdad. With the old Saddam-era and later US military base capable of housing a mix of 40,000 Iraqi and foreign troops (although in reality there are far less on base), and home to a 1700 meter runway and Iraqi’s armoured corps, it is now the focal point of foreign training of Iraqi troops. As such and because of its location, it is a major target for IS, which controls the territory immediately east of the Tigris (about 11 miles away from the base). Since Taji is only 30 miles from Falluja, the presumption is that IS will mass it’s force to the east, west and north of Taji, then launch offensives designed to gain control of the town and highway. That would leave the base cut off from land routes and force it to rely on air re-supply and/or fight its way out of containment. If that happens it is doubtful that the NZDF troops will hunker down “behind the wire” and do nothing else. Whatever the scenario, isolating Camp Taji from Baghdad is a primary IS objective in the next months and will be essential to any move to surround and squeeze the capital city. The good news, from the West’s perspective, is that in order to isolate the base and sever its land link to Baghdad, IS will have to mass significant numbers of fighters, artillery and armour, something that makes it vulnerable to coalition air strikes.

The bottom line is that a successful pincer movement will slowly strangle and starve Baghdad, something that it turn will force the Iraq government to seek a political settlement on terms favourable to IS. That will entail the ejection of foreign forces and partition of Iraq. IS will claim Sunni-dominant areas and merge them with the territory it holds in Syria (IS controls roughly half of Syria’s territory) to establish its caliphate. It has no real interest in Iraqi Kurdistan because it cannot defeat the Peshmerga and other than the oil facilities on its western flank, Kurdistan has no strategic assets. Likewise, Shiia dominant areas of Iraq are too large and populated for IS to occupy, plus any incursion into Iraqi Shiia border territory with Iran will invite a military response from the latter. But where IS is in control, it has already begun to provide the basic services that the Iraq and Syrian governments no longer can, which raises the possibility that partition is already a fait acompli. As stated in The Economist:

“The danger is that the IS caliphate is becoming a permanent part of the region. The frontiers will shift in the coming months. But with the Kurds governing themselves in the north-east, and the Shias in the south, Iraqis question the government’s resolve in reversing IS’s hold on the Sunni north-west. “Partition is already a reality,” sighs a Sunni politician in exile. “It just has yet to be mapped.” (“The caliphate strikes back,” The Economist, May 23. 2015 (http://www.economist.com/news/middle-east-and-africa/21651762-fall-ramadi-shows-islamic-state-still-business-caliphate-strikes-back, May 23, 2015).

Thanks to the Iraqi Army abandoning their positions and leaving their equipment behind, IS has captured significant amounts of modern US made weaponry, including the equivalent of several armoured columns. It now has anti-aircraft munitions that eventually will score hits on coalition aircraft. Its fighters are a mix of seasoned veterans and unprofessional jihadis, but IS field commanders have been judicious in their use of each (for example, employing  inexperienced foreign jihadists in first wave assaults or in suicide bombings using construction vehicles to breach enemy lines, followed by artillery fire and hardened ground forces). What that means is that IS has the realistic ability to cut off Baghdad’s land access to its near north and west, which will force the Iraq military and coalition partners to stage a counteroffensive to reclaim those lines of supply.

IS relies on mobility, manoeuvre and the selective application of mass force to achieve it ends. The fall of Ramadi was accomplished by rapidly surrounding it from the north and east and focusing firepower on one garrison in it. IS also has relatively unencumbered supply lines coming from Syria, and many suspect that supplies also come from Saudi Arabia and Turkey (Iraq has land borders with those states as well as Iran, Jordan and Kuwait. There is a strong belief–which could well be confirmed by the document retrieval made during the US Special Forces raid on a senior IS financier’s hideout in Syria– that the Saudis in particular are doing more than just financing IS as a hedge against Iran). The best check against its advances is demographic density in Shiia dominant parts of the country and the fact that any adventurous move in the east or south will be met by serious Shiia militia and Iranian military resistance (Sadr City, a bastion of Shiia militias, lies on the northeast of Baghdad and Basra, a major oil refining centre and home of the so-called (Shiia) marsh Arabs, is the capital of the south).

Sanctuary

Source: Institute for the Study of War, September 26, 2014.

For those who believe that coalition air power is enough to stem the tide of IS advances, let me simply point out that history has shown that air power alone cannot determine success in a territorial conflict, especially an irregular or unconventional one. Vietnam is a case in point. In the battle for Ramadi the coalition conducted 275 air strikes and still saw the city fall to IS in the space of days. Thousands of coalition air strikes have been launched against IS and while they slowed down many IS advances and were decisive in battles between Kurdish peshmurga and ISIS forces in Syria and northeastern Iraq, they have not proven so when the forces they are supporting are too few or lack the will to fight when things get ugly. Since IS prefers to move quickly between urban areas and stage assaults from within them, the fear of civilian casualties hampers the coalition’s ability strike surgically at them in urban settings. That leaves the coalition with the task of trying to target IS convoys and garrisons, something that has proven hard to do given the dispersed nature of their campaign outside of urban areas.

It would seem that the best way to counter IS advances is to pre-emptively launch counter-offensives using a mix of foreign and Iraq troops and militias. That involves accepting Iranian military participation in concert with Western forces and requires moving sooner rather than later to at least stall IS’s progress southward. But if we take standard basic training as a guideline, then the Iraqi Army forces that have begun to be trained by the coalition troops will not be ready to fight until mid July. That may be too late to stop IS before it reaches Taji and the western Baghdad suburbs. Thus the conundrum faced by the coalition is to commit group troops and accept Iranian military help now or wait and hope that IS will slow down its advance due to its own requirements, thereby allowing training provided to the Iraqi Army by foreigners like the NZDF enough time to strengthen it to the point that it can take back the fight to IS with only marginal foreign assistance.

At worst, the latter is a pipe dream. At best, it is a very big ask.

It was not me.

datePosted on 11:46, May 1st, 2015 by Pablo

Yesterday the Herald published an op ed that started out with the following:

“I was asking an American professor a complicated question about Anzus in a university lecture theatre when he started stroking my leg.

I could hardly believe what was happening. I was doing my work and expected to be taken seriously as a journalist. By contrast, his actions not only showed his belief that women’s bodies were his personal play thing – his behaviour also demonstrated his contempt for me in a work capacity. It was obvious he had not been listening to my question as his mind was focused on when the right moment would be to physically assault me.”

Now, I do not know if this incident is true, much less that it occurred at a NZ university. If it is true then it was abhorrent behaviour on the part of the academic involved. But I can state categorically for the record that I am not the “American professor” in question. Not only do I not recall the name of the person making the allegation but I have never been approached by anyone regarding ANZUS. Nor have I stroked anyone’s leg in a professional setting. So count me out of the list of likely suspects.

Readers may think it odd that I feel compelled to defend myself in this way. But as one of the very few (former) American professors in NZ who also lectured and writes about international relations, foreign policy and comparative politics, the light of suspicion has already been cast my way. Given that in the past I have been accused of being a racist, Islamophobe, Zionist and an assortment of other unsavoury things, I am therefore quick to defend my good name from any insinuations of misconduct, harassment or unethical behaviour.

That is the problem with non-specific allegations of wrong-doing–whatever the righteousness of the point being made, they tar the innocent as well as the guilty with the same brush.

Spy Fatigue.

datePosted on 11:20, April 9th, 2015 by Pablo

The slow drip feed of classified NSA material taken by Edward Snowden and published by journalists Glen Greenwald, Nicky Hager, David Fisher and others in outlets such as The Intercept and New Zealand Herald caused a stir when first published. Revelations of mass surveillance and bulk collection of telephone and email data of ordinary citizens in the 5 Eyes democracies and detailed accounts of how the NSA and its companion signals intelligence agencies in Australia, Canada, New Zealand and the UK spy on friend and foe alike, including trade partners and the personal telephones of the German prime minister and Indonesian president, caused both popular and diplomatic uproars. In New Zealand the outrage was accentuated by revelations about the illegal GCSB spying on Kim Dotcom and the government’s extension of its spying powers even after it was found to have operated outside its legal charter in other instances as well.

But now it seems that public interest in the issue has faded rather than grown. Revelations that the GCSB spies on Pacific island states such as Fiji, Samoa and Tonga as well as Pacific French territories, followed by news that it spied on candidates for the World Trade Organisation presidency on behalf of Trade Minister Tim Groser (himself a candidate), has been met not with street demonstrations and popular protests but by a collective yawn by the public at large.

Why is this so?

It appears that the New Zealand public is weary of the death by a thousand cuts approach used by Mr. Hager and his investigative colleagues. Beyond the usual array of diversions presented by popular culture and media, the reason for this disinterest seems to lie in the fact that the information released to date is seen as trivial, uncontroversial and tediously never-ending. Take for example the reaction to the news that the UK spied on Argentina after the Falklands/Malvinas War and carried on until 2011. Numerous pundits asked whether that is surprising. What is the UK expected to do when Argentina remains hostile to it and has never renounced its territorial claims over the islands? Similarly, others have pointed out that since New Zealand is utterly trade dependent, why not try to advance Mr. Groser’s candidacy for the WTO job using surreptitious as well as diplomatic means? Likewise, is it news that Australia and New Zealand spy on small Pacific neighbours who depend on them for a significant amount of foreign aid and are being courted by the Chinese? Why not given the levels of corruption and intrigue present in the region?

This does not mean that there are no constitutional, diplomatic, security and trade concerns raised by the Snowden leaks coming into the public domain. My belief is that there is much to be alarmed about in the Snowden files and they should serve as a catalyst or window of opportunity for a thorough review of the NZ intelligence community and perhaps even a renegotiation of the terms and conditions of its participation in Anglophone intelligence networks.

But the way in which it has been presented to New Zealand audiences has induced fatigue rather than fervour. Add to that the government’s strategy of obfuscation, denial and attacking the motives, ethics and character of the journalistic messengers, and the result is a jaded public with little interest in spies or what they do and whom they do it to. Cast against a backdrop in which personal data and private information is already bulk accessed by private firms and a host of social media platforms with profit-maximising in mind, the general attitude seems to be one of unconcern about what the guardians of the public interest are doing in that regard. In such a climate the old Nazi refrain “you have nothing to fear if you have nothing to hide” resonates quite well.

Unless Mr. Greenwald, Mr. Hager and their colleagues have bombshells that they have yet to drop, it appears that like Mr. Dotcom’s much-hyped “Moment of Truth” last year, their efforts have fizzled rather than fired. For the sake of their credibility as well as the public good, it is time for them to stand up and deliver something of significance that transcends the Wellington beltway or if not, to walk away.

Should Mr. Hager and company opt to deliver a bombshell, they need to consider one more thing: what good purpose is served by revealing the foreign espionage activities of New Zealand and its closest intelligence partners? Even if it uncovers myriad spying efforts that have nothing to do with national security (and terrorism, that old canard), will it advance the cause of transparency and selectivity in intelligence operations and make some governments more responsive to public concerns about privacy? Will it curtail spying by the 5 Eyes partners or any other nation? Will it encourage whistleblowing on illegal government surveillance? Will it advance New Zealand’s interests in the world or force a reconsideration of its relationship with its security partners?

Or will it simply damage New Zealand’s reputation and relations with the countries that have been spied on?  Given that New Zealand is the most vulnerable of the 5 Eyes partners and is, indeed, almost totally trade dependent, the negative consequences of any potential backlash or retaliation by aggrieved states could be significant.

That is why the issue is important. The thrust of the most recent revelations have moved beyond domestic mass surveillance and into the realm of traditional inter-state espionage, which is not confined to the activities of the 5 Eyes partners and is an integral, if unspoken necessary evil of international relations. Given that the focus of the Snowden material is solely on 5 Eyes spying and not on its counterespionage efforts or the intelligence operations of other states, could it not seem to the general public to be a bit one-sided and deliberately injurious to continue to unveil only what NZ and its partners undertake by way of signals intelligence collection (as some in government and supportive of it have insinuated)?

In the end, will ongoing revelations about New Zealand foreign espionage serve the public interest and common good? Or will it have the opposite effect?

And will average Kiwis care either way?

 

A short version of this essay appeared in the New Zealand Herald, April 10, 2015.

So much for intelligence community reform.

datePosted on 18:36, February 17th, 2015 by Pablo

It turns out that nearly 5 months after getting re-elected, the government has decided on the composition of the Intelligence and Security Committee (ISC). Besides himself as Chair of the ISC, the Prime Minister gets to select two members from the government parties and the Opposition Leader gets to select one member from opposition parties.  In both cases the respective Leaders are expected under Section 7 (1) (c,d) of the 1996 Intelligence and Security Committee Act to consult with the other parties on their side of the aisle before selecting the remaining members of the committee. The language of the Act is quite specific: “c) 2 members of the House of Representatives nominated for the purpose by the Prime Minister following consultation with the leader of each party in Government: (d) 1 member of the House of Representatives nominated for the purpose by the Leader of the Opposition, with the agreement of the Prime Minister, following consultation with the leader of each party that is not in Government or in coalition with a Government party.” (1996 ISCA, pp. 6-7).

Not surprisingly the government has nominated two National MPs, Attorney General Chris Finlayson and Justice Minister Amy Adams, for membership on the ISC. It is not clear if ACT, the Maori Party and United Future were consulted before their selection. What is more surprising is that Andrew Little nominated David Shearer and did not consult with opposition parties before making his selection. While Shearer is a person with considerable international experience and has been a consumer of intelligence (as opposed to a practitioner) during his career, Mr. Little has been neither. In fact, it can be argued that Mr. Little has the least experience of all the proposed members when it comes to issues of intelligence and security, which means that he will have to lean very heavily on Mr. Shearer if he is not not be overmatched within the ISC.

Moreover, in past years Russell Norman, Peter Dunne and Winston Peters have been on the ISC, so the move to re-centralise parliamentary oversight in the two major parties represents a regression away from the democratisation of representation in that oversight role. Since these two parties have been in government during some of the more egregious acts of recent intelligence agency misbehaviour (for example, the Zaoui case, where intelligence was manipulated by the SIS to build a case against him at the behest of or in collusion with the 5th Labour government, and the case of the illegal surveillance of Kim Dotcom and his associates by the GCSB in collusion or at the behest of the US government under National, to say nothing of the ongoing data mining obtained via mass electronic trawling under both governments), this does not portend well for the upcoming review of the New Zealand intelligence community that this ISC is charged with undertaking.

The Greens have expressed their disgust at being excluded and have, righty in my opinion, pointed out that they are the only past members of the ISC that have taken a critical look at the way intelligence is obtained, analysed and used in New Zealand. But that appears to be exactly why they were excluded. According to John Key,  Labour’s decision was “the right call” and he “totally supports it.” More tellingly, Mr. Key said the following: “A range of opposition voices from the minor parties could railroad the process. I don’t think the committee was terribly constructive over the last few years, I think it was used less as a way of constructing the right outcomes for legislation, and more as a sort of political battleground” (my emphasis added).

In other words, Russell Norman took his membership on the ISC seriously and did not just follow along and play ball when it came to expanding state powers of search and surveillance under the Search and Surveillance Act of 2012 and GCSB Act of 2014.

That is a very big concern. Mr. Key believes that the “right” outcomes (which have had the effect of expanding state espionage powers while limiting its accountability or the institutional checks imposed on it) need to be produced by the ISC when it comes to the legal framework governing the intelligence community. Those who would oppose such outcomes are not suitable for membership, a view with which Andrew Little seems to agree.

This is so profoundly an undemocratic view on how intelligence oversight should work that I am at a loss for words to  explain how it could come from the mouth of a Prime Minister in a liberal democracy and be tacitly seconded by the Leader of the Opposition–unless they have genuine contempt for democracy. That is a trait that W. Bush, Tony Blair and John Howard shared as well, but what does that say about the state of New Zealand democracy?

Mr. Little has given his reason to exclude Metiria Turei of the Greens from ISC membership as being due to the fact the Mr. Norman is stepping down in May and Mr. Little wanted “skills, understanding and experience” in that ISC position. Besides insulting Ms. Turei (who has been in parliament for a fair while and co-Leader of the Greens for 5 years), he also gave the flick to Mr. Peters, presumably because that old dog does not heel too well. As for Mr. Dunne, well, loose lips have sunk his ship when it comes to such matters.

The bottom line is that Mr. Little supports Mr. Key’s undemocratic approach to intelligence oversight. Worse yet, it is these two men who will lead the review of the NZ intelligence community and propose reform to it, presumably in light of the debacles of the last few years and the eventual revelations about NZ espionage derived from the Snowden files.

As I said last year in the built-up to the vote on the GCSB Amendment Act,  I doubted very much that for all its rhetorical calls for an honest and thorough review process that led to significant reform, Labour would in fact do very little to change the system as given because when it is in government it pretty much acts very similar to National when it comes to intelligence and security. If anything, the differences between the two parties in this field are more stylistic than substantive.

What I could not have foreseen was that Labour would drop all pretence of bringing a critical mindset to the review and instead join National in a move to limit the amount of internal debate allowable within the ISC at a time when it finally had an important task to undertake (in the form of the intelligence community review).

As a result, no matter how many public submissions are made, or how many experts, interest groups and laypeople appear before the ISC hearings, and how much media coverage is given to them, I fear that the end result will be more of the same: some cosmetic changes along the margins, some organisational shuffles and regroupings in the name of streamlining information flows, reducing waste and eliminating duplication of functions in order to promote bureaucratic efficiency, and very little in the way of real change in the NZ intelligence community, especially in the areas of oversight and accountability.

From now on it is all about going through the motions and giving the appearance of undertaking a serious review within the ISC. For lack of a better word, let’s call this the PRISM approach to intelligence community reform.

LINK: The Intelligence and Security Committee Act 1996.

Media Link: To the point on NZ and IS.

datePosted on 10:59, February 4th, 2015 by Pablo

We already know that John Key dissembles and misleads, especially on matters of security and intelligence. NZ is soon to put troops into Iraq as part of the effort to roll the Islamic Sate (Isis is an Arabic girl’s name) out of that country. For whatever reason Mr. Key will not admit to this even after the British Foreign Secretary mentioned that the NZ contribution will be a company sized (“100 odd” in his words) detachment.

The evidence of military preparation is very clear, with an especially selected infantry company training for desert warfare at Waiouru over the past few months and a detachment of SAS soldiers rumored to be already in theatre. The US and other anti-IS coalition partners have announced preparations for a Northern spring offensive against IS, centred around taking back Mosul from the jihadists.  The decision to launch the offensive and the division of labor involving participating ground forces was made at the working meeting of coalition military chiefs in Washington DC last October (the chief of the NZDF attended the meeting although at the time Mr. Key said no decision had been made to send troops). Since the NZDF cannot contribute combat aircraft, armour or even heavy lift assets, it is left for the infantry to join the fray, most likely with a fair share of combat medics and engineers.

With his misrepresentations  John Key only obscures the real issue. New Zealand has no option but to join the anti-IS coalition (which he has said is the price for being in “the club”) given the international commitments it has already made.

There are three specific reasons why NZ has to join the fight, two practical and one principled.

The practical reasons are simple: First, NZ’s major security allies, the US, UK and Australia, are all involved as are France, Germany and others. After the signing of the Wellington and Washington security agreements, NZ became a first tier security partner of the US, and as is known, it is an integral member of the 5 Eyes signals intelligence network. It therefore cannot renege on its security alliance commitments without a serious loss of credibility and trust from the countries upon which it is most dependent for its own security.

Secondly, most of New Zealand’s primary diplomatic and trading partners, including those in the Middle East, are involved in the anti-IS coalition. Having just secured a UN Security Council temporary seat at a time when the UN has repeatedly issued condemnations of IS, and having campaigned in part on breaking the logjam in the UNSC caused by repeated use of the veto by the 5 permanent members on issues on which they disagree (such as the civil war in Syria), NZ must back up its rhetoric and reinforce its diplomatic and trade relations by committing to the multinational effort to defeat IS. Refusing to do so in the face of requests from these partners jeopardises the non-military relationships with them.

The third reason is a matter of principle and it is surprising that the government has not made more of it as a justification for involvement. After the Rwandan genocide an international doctrine known as the “Responsibility to Protect” (R2P) was agreed by UN convention to prevent future horrors of that sort. It basically states that if a defenceless population is being subject to the depredations of its own government, or if the home government cannot defend the population from the depredations of others, then the international community is compelled to use whatever means, including armed force, to prevent ongoing atrocities from occurring. There can be no doubt that is the situation in parts of Iraq and Syria at the moment. Neither the Assad regime or the Iraqi government can defend minority communities such as Kurds or Yazidis, or even non-compliant Sunnis, from the wrath of IS.

That, more than any other reason, is why NZ must join the fight. As an international good citizen that has signed up to the R2P, NZ is committed in principle to the defense of vulnerable others.

So why have the Greens, NZ First and Labour (or at least Andrew Little) opposed the move?

The Greens are true to form with their pacifist and non-interventionist stance, but they are ignoring the matter of international principle at stake. NZ First is its usual isolationist self, acting blissfully unaware of the interlocking web of international networks and commitments that allow NZ to maintain its standard of living and international reputation (in spite of having Ron Mark to speak to military issues).

Most of all, why has Andrew Little run his mouth about reneging on the NZDF contribution to the anti-IS coalition (which involves formal and time-constrained commitments)? Little has previous form in displaying ignorance of international affairs, but this level of hypocrisy takes the cake. Does he not remember that the 5th Labour government started the rapprochement with the US after 9/11, and that it was the 5th Labour government that initially deceived and misled about the real nature of the SAS role in Afghanistan as well as  the true nature of the mission in Southern Iraq (which is widely believed to have involved more than a company of military engineers). Is he not aware that a responsible country does not walk away from the security alliance, diplomatic and trade commitments mentioned above? Did he not consult with Helen Clark, Phil Goff or David Shearer before this brain fart (or did they gave him the rope on which to hang himself)? Does he really believe, or expect the informed public to believe, that on defense, security and intelligence issues Labour in 2015 is really that different from National? If so, it is he, not us, who is deluded.

All this shows is that Labour is still unfit to govern, or at least Little is not. If he does not understand the core principles governing international relations and foreign affairs, or if he chooses to ignore them in favour of scoring cheap political points, then he simply is unsuited to lead NZ before the international community. There is a big difference between being a political party leader and being a statesman. It is clear that John Key is no statesman, but his glib and jocular nature gives him the benefit of international respect so long as he backs up his talk with the appropriate walk. By comparison, Andrew Little comes off as some provincial rube who cannot see further than the nearest bend in the road.

Whether we like it or not–and there are plenty of things not to like about getting involved in what could become another military morass in the Middle East–NZ has an obligation to get involved in the fight against IS. The obligation stems not just from the particular disposition of this National government but from years of carefully crafted international ties under successive governments that give practical as well as principled reasons for involvement. Andrew Little should know that, and the Greens and NZ First need to understand that this is not about belonging to some exclusive “club” but about being a responsible global citizen responding to the multinational call for help in the face of a clear and present danger to the international community. Because if IS is not a clearly identifiable evil, then there is no such thing.

In any event the fight against IS is dangerous but cannot be avoided.

 

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