Don’t fear the Bern.

datePosted on 14:02, March 8th, 2020 by Pablo

With Super Tuesday primaries concluded, it is looking like the Democratic presidential nomination will be a two horse contest much like it was in 2016, with Joe Biden replacing Hillary Clinton as the centrist pick backed by the Democratic National Committee (DNC). Bernie Sanders once again carries the underdog aspirations of the progressive wing of the party. This year Sanders represents a more significant threat to the centrists than he did in 2016, and they have worked very hard to disparage him as “unelectable” and “”too radical” for the American voting public. I believe that this may be a wrong assumption to make.

Let’s address the issue of Sander’s socialism first. He professes to be democratic socialist, running as such under the banner of “Independent” throughout his political career until registering for the Democratic presidential nomination in 2016. But his “socialism” does not include socialising the means of production or doing anything other than using tax policy to redistribute wealth downwards, reforming health and education so that they become affordable to lower and middle income earners, promoting public works projects, re-establishing the role of the State as a macro-manager in economic areas prone to excess or abuse and diminishing support for fossil fuel production and defence spending.

Everything else on his policy agenda, while different than those of his opponents (say, when it comes to the US relationship with Israel and Palestine), may be alternative but are not socialist per se. In fact, all of his policy prescriptions are more akin to those of European social democracy than to democratic socialism (where the decisions about socialising the economy are done via democratic processes) because capitalism as a socio-economic construct is not challenged or replaced. It is just humanised and re-oriented towards the welfare of the majority, not of the elite minority. Sanders himself has pointed out that the stress is on the “democratic” in his democratic socialism, so it does not appear that he is doctrinaire when it comes to policy outcomes.

To this intrinsic aspect of his political philosophy can be added the extrinsic constraints on what he can do. The structural power of capital in the US is not going to be seriously challenged, much less undermined by a Sanders presidency. The US economy and its social relations of production are deeply rooted in notions of private property, self-initiative, “free” enterprise and a host of other market-focused orientations that transcend the business world. The US remains a huge economic engine that, even if it has lapsed into cowboy, crony and parasitic capitalism in places (such as the financial and health industries) and is very dependent on the State for its competitive edge (say, in awarding of defence- and other technology-related contracts), is largely impervious to whole-scale reform or collapse.

Along with an economy that is “too big to fail,” it is best to think of the relationship between US capitalism and the presidency as that of a monkey driving a machine–it is not so much the monkey that matters but the ongoing movement of the machine. In that light, Sanders can play the role of the monkey, acting as a corrective that tries to reign in the baser urges of the cowboys, cronies and parasites now dominating the US economic engine without impeding the forward momentum of the entire combine.

Added to the sheer structural inertia that must be overcome in order to reconstitute US capitalism is the political influence that it wields. Corporate influence permeates all levels of the US political system. Its influence is corrupting and often corrosive in places, and it extended deep into the Democratic Party–particularly the Party’s centrist, corporate-friendly faction. As Poulantzas wrote, the capitalist elite is not homogeneous and is divided into ascendent and descendent class fractions. The GOP defends the interests of the descendent class fractions that represent fossils fuels, auto manufacturers, agricultural interests, the military-industrial complex and traditional financial sectors. Democrats represent high tech, telecommunications, renewable energy, new financial sectors and other nascent and ascendent industries. The Democrats also represent, however diminished in presence when compared to the 1960s and 70s, the organised labour movement in traditional manufacturing industries as well as the public sector.

The capitalist class divisions in the US are not razor sharp and there is some overlapping in their political representation (for example, pharmaceuticals and insurance), particularly when the lobbying interests incorporate cultural idioms (such as the case with the gun lobby). Needless to say, there a host of other non-economic interests represented in the political system, although identity and value-based groups tend to aggregate in polar fashion (say, among ethnic, LBGTQ and religious communities). The main point is the centrist Democrats are corporate Democrats, not progressives, and for all of the talk of the “Gang of Four” leftist female representatives, the majority of Democrats in Congress are underwritten by and represent the corporate interests of the capitalist class fractions that they are associated with.

A Sanders presidency will therefore confront not only a hostile Republican opposition in Congress and in states dominated by Republicans. It will also have to contend with the very centrists that tried to impede his nomination in the first place. These corporate/centrist democrats will demand concessions and challenge anything that see as too radical to pass as law. That means that a Sanders policy agenda is likely to be watered down if it is to be implemented, which means that the final product will be anything but radical. The end result will be an incremental approach to policy reform, not revolution.

Sanders has already reframed the narrative on universal health to the point that some variation of single-user pay is likely to meet with congressional majority approval (assuming that the Democrats hold the house in 2020). He would be smart if he allowed for private health insurance schemes to co-exist with the public option (as in many other liberal democracies), since that will allow those with disposable incomes to afford things such as elective or cosmetic care outside of the public health system. The larger point is that he has offered some alternatives and initiatives that could well find support in Congress, especially if his election victory over Trump is significant. The greater the margin of his victory, the more a mandate he has within the Democratic Party as well as amongst the national electorate, and a large win will also help diminish GOP resistance to post-Trump corrections because in defeat Trump will have few political friends.

All of which is to say that although Sanders has many constraints on what he can do once in office, he potentially will have enough political clout and flexibility to pass legislation and enact significant reforms even if they cannot be described as “radical” or “revolutionary.”

It is true that Trump and the GOP dirty tricksters relish the opportunity to run against Sanders, who they see as easily beatable in a general election. The Republican smear machine is primed to go all out with its Cold War style fear-mongering. For them, Biden is a harder opponent to defeat because he cannot be painted into an ideological corner and tarred by spurious associations with the demons of the bi-polar world past.

But just like the centrist Democrats, the GOP may be wrong in its appraisal. Many younger voters are not frightened by the epithet “Socialist!” and have no memory of the Cold War. Bernie’s cantankerous independence from machine politics is seen as a positive. It is therefore possible that they will turn out in numbers that otherwise will not be seen in support of a Biden candidacy. The defensive “anyone but Trump” vote might be enhanced rather than diminished by Sanders. After all, Bernie represents a true break with the Swamp, whereas Biden is its product and Trump is basking in it while trying to monetarily benefit from the immersion. So it could well be that dismissals of The Bern are premature because his strengths as an honest alternative within the Democratic Party outweigh his weaknesses as an outsider in a system that is rigged in favour of insiders (for example, via the use of Superdelegates as tie-breakers in the Democratic National Convention).

What is clear is that the DNC fear a Sanders nomination not so much because they think that he will lose to Trump but because he represents a threat to THEIR interests. Even if diluted, his policy reforms will target them as a first order of business, as a way of clearing the path for substantive reforms in the policy areas in which they are vested.

Hence the disparaging of Sanders and downplaying of his chances at a general election victory. The proof of whether the anti-Sanders campaign has worked will come in the next two weeks when a cluster of primaries are held, including in Florida where I, just as a did in 2016, voted (via absentee mail ballot) for the Bern. If nothing else, just like then, my rationale is that even if Sanders does not win the nomination, if he gets a substantial amount of delegates he will have influence on Biden’s policy platform. Biden needs Sanders’ supporters to back him–and many “Bernie Bros” have said that they would rather sit on the couch or vote for Trump than see another corporate Democrat dash their progressive aspirations–so my thinking is that if the convention vote is close or at least not a Biden landslide, then the centrists will have to negotiate with Sanders over the campaign platform in order to get him to endorse Biden and encourage his followers to join the “anyone but Trump” camp.

Given the obstacles in front of him, Sanders may not be able to implement the progressive agenda that he campaigns on and which his supporters yearn for. But when compared with Biden, he certainly is not more of the same. Building on the momentum of the 2018 mid-term elections, perhaps that is the best we can hope for.

Inviting trouble?

datePosted on 14:43, March 3rd, 2020 by Pablo

Over the next few weeks New Zealand will host two major international sporting events involving hundreds of athletes and spectators gathered together in iconic settings. The gun goes off on Ironman NZ this upcoming weekend in Taupo, and then a week later the World Surf League (WSL) hosts the inaugural Piha Pro surfing competition in the namesake West Auckland seaside town. Ironman NZ will have 1500 competitors at the starting line, and the Piha Pro is said to attract, along with a highly competitive international field of surfers, up to 25,000 spectators during finals weekend (the competition runs for one week). The events are considered to be economic boons for the local communities as well as excellent ways of popularising the Kiwi “brand” around the world.

As a former surf lifeguard who lives near Piha and who spent nearly twenty years doing triathlons (including Ironman NZ), I can attest to the fact that events such as these are very important to those who engage in such sports. I have seen the energy generated by mass competition events and well understand why people are enthusiastic about supporting them. But this year there is something else added into the equation, one that has forced me to put on my day job hat as a someone involved in the risk management business: coronavirus.

Both Ironman NZ and the Piha Pro will bring athletes from all over the world, including countries with coronavirus outbreaks. They will by flying in on what are essentially long metal cigar tubes with recycled air, often on flights of 8 hours or more. Many of these athletes will bring family, friends and other support crews. Likewise, the organisers of these events–both Ironman and the WSL are international firms headquartered abroad,–basically act as a traveling circus, bringing in equipment, machines and staff and hiring local providers to do the same as part of the set-up process. All of these people mingle in close quarters in the days leading up to, through and after the event, and when not at the venues themselves populate the restaurants, bars, hotels, motels and rental accommodations near them.

What makes this issue a bit trickey is that the virus is not only spread by human-to-human contact but via contact with contaminated surfaces, be they plastic, metal, glass or wood. The incubation period is two days to two weeks in humans, but the surface contamination longevity is thought to be much longer. Infrared disinfection is considered the best way of treating contaminated surfaces but that requires resources and knowing which surfaces to treat.

Interestingly, the fitter one is nearing a long-distance triathlon, the more an individual’s immune system becomes depressed. This has to do with rigours imposed on the body by long-distance swimming, cycling and running for months at a time before the race, which is why a so-called “taper” is used whereby athletes gradually back off on training starting two weeks before race day. Surfers do not have quite the same problem, but for many in the WSL time is spent as much traveling as on the water, which also wears on the body.

And now they all get on those flying Petri dishes and head to Auckland.

Out of curiosity I have looked into the specific coronavirus contingency planning around these events. The bottom line is this: there appears to be none. It seems that neither the organisers or the district councils involved have drawn up plans for what happens in the event that someone involved in the competitions comes down sick with the virus. General guidance is provided by the Ministry of Health, to which councils can refer. Auckland Council offered this:

“At this stage Auckland Council is monitoring advice from the Ministry of Health and Auckland Regional Public Health. There is guidance for event organisers and attendees on their website below: https://www.health.govt.nz/our-work/diseases-and-conditions/covid-19-novel-coronavirus/covid-19-novel-coronavirus-information-specific-audiences/covid-19-advice-public-events-and-mass-gatherings. We’re aware that some community-led events are being cancelled by their organisers – they have their own reasons for making that decision and is entirely up to them. The current advice we’re relaying is for Aucklanders to take care of themselves and their families and follow health experts’ advice. Organisers and attendees should keep an eye on the health authorities’ websites for any new/changed information.”

That is the general advice given throughout the country. I was unable to find anything by the Ironman Corporation or WSL on coronavirus contingency planning for the New Zealand events, even though some Ironman-branded races have been cancelled or postponed in Asia because of the pandemic. The WSL has been silent on the subject in general even though there have been questions in the surfing community about whether the Olympics to be held in Japan at the end of July will go on if the pandemic deepens in Japan and/or spreads further (with surfing making its debut as an Olympic sport). Ironman New Zealand makes no mention of the disease in media announcements or on its website.

I assume that the insurance underwriters for these events have taken stock of the odds and given the green light for them to go ahead. That is certainly good news for everyone involved. But I also fear that the unique circumstances particular to these competitions might be inviting trouble, and that if it is left to participants, spectators, organisers and local communities to sort things out as per the general guidelines should the coronavirus arrive in their midst, then a public health emergency might occur.

Then again, having just become a naturalised Kiwi, rather than contingency planning and preparation for the possibility of trouble, I can always fall back on the belief that at the end of the day, “she’ll be right.”

Parsing the Democratic Primaries.

datePosted on 15:37, February 22nd, 2020 by Pablo

I am about to mail my overseas ballot to Florida so that it can be counted in the Democratic primary on March 17. In Florida you have closed as opposed to open primaries, which means that one must declare a party preference in order to vote in a party primary. Unlike open primaries, independents are excluded from primary voting in Florida (although they are allowed to vote in the general election in November). The restriction on primary voters impedes voting on local candidates and ballot initiatives, referenda and local ordinance amendments that are not included on the general ballot.

Because of this I registered as a Democrat in the early 2000s. I primary voted for Kerry in 2004, Clinton in 2008, Obama in 2012 and Sanders in 2016. My vote was based on rationales that included anyone against Bush 43 in 2004, a female over a dark-hued male in 2008 (because I thought that changing the gender of the presidency was more significant than the color of the guy in it), support for a good president under difficult circumstances in 2012 and support for a democratic socialist in 2016 (in order to pull the Democratic Party platform to the left when running against an unhinged maniac because the writing was on the wall by March that Trump was going to win the GOP nomination and my thought was that even if Bernie lost to Clinton it would force her to adopt some of his policy initiatives because she needed his supporters to vote for her). My selections lost the general in 2004, lost the primary in 2008, won general re-election in 2012 and lost the primary in 2016. Because the ballot is printed well in advance, I have a choice of sixteen candidates, most of whom dropped out of the race a while ago.

This year the Democratic primary campaign has two axis points. The first is generational, as elderly candidates (defined as those over 60) vie against younger ones. Biden, Sanders, Warren, Steyer and now Bloomberg are staffing the geriatric front, while Klobuchar and Buttigieg are what is left of the young guns. Of the oldies, none other than Sanders appears to have medical issues of consequence and all appear to attract support without regard to age. So agism will not be a factor in the election, especially given that Trump is in that age bracket as well.

The second axis is ideological. Warren and Sanders represent the “progressive” side of the Democratic coin, whereas Biden, Bloomberg, Buttigieg, Klobuchar and Steyer represent the pragmatic side.

Within these camps there are divisions as well. Sanders has long described himself as a democratic socialist and for many years campaigned and won elections as an independent, only joining the Democratic Party in 2016 (and again in 2019) in order to run for president (he continues to serve and run for re-election as the junior Senator from Vermont as an Independent and campaigns as a democratic socialist in that state). Warren is a social democrat, not opposed to capitalism per se but interested in humanising it. Like Sanders she is a junior Senator from a liberal Northeastern state (Massachusetts, where she replaced the temporary excuse for a Senator now serving as Trump’s ambassador to New Zealand, Scott Brown). Both have been effective legislators, although Warren is seen as a bit more ideological than Sanders within the confines of the Senate Democratic caucus and Sanders, despite his somewhat crusty personality, being more amendable to intra-party compromise.

Both of these candidates are challenging the Democratic establishment. They repudiate the corporate orientation of the Democratic National Committee and the “centrist” policies of the likes of the Clintons. Not withstanding support from the “Squad,” they are not particularly well-liked by their congressional peers or the party establishment but have mobilised strong grassroots support. Warren has a (now distanced) corporate background and has agreed to some SuperPAC (third party unlimited bundled) funding. Sanders has not and continues with his grassroots, small donor approach to campaign financing.

On the pragmatic side, there are two billionaires, Bloomberg and Steyer. They appeal to voters based on their business success and the fact that they are not conmen like Trump. Bloomberg is a former three term mayor of New York City, where his crime fighting policies have come under fire for being racist and discriminatory (the so-called “stop and frisk” policy targeting African and Latino young males). He also has been the subject of numerous sexual harassment complaints and lawsuits. Steyer has no political experience to speak of but also does not have the baggage associated with it.

I will not vote for either billionaire on principle given that the Democratic Party is supposed to be the party that defends workers within the US political system. As for the pragmatic non-businessmen, Biden is the quintecent Washington insider, an integral member of the corporate/centrist faction with the party. He has vast experience in many important roles, including that of Vice President under Obama. But his experience has been checkered and now hangs like an albatross across his neck when it comes to electoral appeal. While it is true that he is certainly a better alternative than Trump, he also seems to be losing a bit of his mental edge. It is one thing to be a deranged lunatic throwing insane red meat rants and tweets to his base while feathering the nest for his family, cronies and friends from the Oval Office (Trump). It is another to be seen as doddering when trying to convey maturity and seriousness of purpose. So Biden is not the guy for me.

Buttigieg and Konuchar are interesting. She is a former prosecutor turned Senator from a conservative north Midwestern state (Minnesota, where only the snow is whiter than the population). She is seen as bringing that good old midwestern practicality to her politics, and she works hard to be seen as the voice of reason given the limits of US political discourse. Buttigieg just ended his eight year term as mayor of South Bend, Indiana, the city where he was born and where he was widely popular except for in the African-American community (since he removed a popular African American police chief and condoned hard police tactics against minority suspects). The novelty of his candidacy resides in the fact that he is young (38), gay, and served as a military intelligence officer in Afghanistan in 2014. His positions largely mirror those of Klobuchar, and like her he campaigns on his centrism, common sense and a dedication to public service. The two of them project themselves as non-traditional but reasonable alternatives to the Orange Weasel as well as the leftists in their party. They tick a number of constituency boxes that are important for Democratic voters, so their appeal has the potential to transcend their policy proposals.

Conventional wisdom is that “socialists” cannot win US general elections. The DNC and mainstream corporate media are working hard to undermine the Sanders and Warren candidacies as “unelectable.” The pragmatists are trying to capitalise on this perception, warning that to nominate a leftists is to guarantee victory to Trump.

At one time apparently afraid of the threat posed by Biden, Trump now appears to believe the truth in the “no socialist” line, yet cleverly harps on how Sanders is getting a raw deal from the DNC and media. Remember that part of the reason Biden has fallen in the polls is that Trump’s smears against him and his son relating to the Ukraine, which resulted in Trump’s impeachment, have in some measure stuck. Now, with Biden trending down, Trump sees his easiest path to victory being a one on one with Sanders, contrasting his national populist bombast with the Senator’s critiques of the system as given.

We even have the Russians apparently wading into the mix, supporting both Trump and Sanders in their 2020 disinformation and hacking campaigns. This is apparently due to the fact that a) they were very successful in 2016 when implementing this “undermine from within” strategy in favour of Trump; and b) both Trump and Sanders are correctly seen as “disruptor” candidates, so no matter who wins so does the Russian subterfuge. Trump, of course, denies any Russian meddling and forced the resignation of intelligence officials who made the claims to Congress. Sanders has repudiated any and all Russian interference no matter who is favoured. Regardless, Russia has inserted itself into the election narrative in, yet again, a central way. Somewhere Stalin is smiling.

That is the background to my primary vote. My choice remains difficult. I am leaning towards a progressive, so it will have to be Warren or Sanders, again, so as to not only get one of them into office but to re-frame the parameters of the Democratic policy platform. But I have major problems with both. Sanders comes off, in my eyes, as a stooped over cranky guy with medical issues who is the political equivalent of the old man yelling “get off of my lawn.” He may be right on his policy prescriptions but he is somewhat off-putting, and his refusal to come clean on his recent heart attack and underlying condition may be exploited by Trump in the event that he wins the nomination.

Likewise, Warren reminds me of someone’s grandmother preaching a holier than thou gospel while glossing over some of the contradictions in her past. Trump has already given her a racist nickname and he and his operatives will go to town on her if she has any dirt in her past. Even so, her dismantling of Bloomberg in the Nevada debates was excellent and showed that she has the acuity and spine to go after powerful adversaries. She may have a chip on her shoulder for a variety of reasons, but if she can use that as a motivational force I say good on her.

Klobuchar and Buttigieg are more personally appealing and both seem likeable as well as articulate and competent. Trump is going to have a hard time attacking them on personal grounds unless there is something sordid in their past. Professionally, in spite of some rumblings about both of their records in public office, there appears to be nothing that is disqualifying. But they clearly have the corporate/media backing, with Buttigieg in particular appearing to attract major money from deep- pocketed interests. That is worrisome because, no matter how much certain well-heeled liberal elites hate Trump, their support comes with strings attached.

My preference would be to vote for president/vice-president tickets in order to get a balance amongst them. I regret that Kamala Harris dropped out of the race, because she seems like a very tough cookie from a liberal state who could could easily shred Trump in any head to head. Female and of color, she hits the identity politics checkmarks, but she is not progressive. Perhaps she is lining herself up for a VP run or a cabinet post, but I question whether either of those options is better than where she is now as Senator from California.

Sanders and Warren will not likely share a ticket together. It is unlikely that they would go with any of the pragmatists unless Klobuchar or Buttigieg change their policy proposals. Biden might go with the younger pragmatists but they are unlikely to welcome him onto the ticket, and the progressives will run from him. A Klobuchar/Buttigieg ticket or vice versa would be an attractive proposition for many people in spite of the limited regional appeal they have outside of the midwest. Individually, however, they will have a hard time appealing to progressive Democratic voters.

So a major question I have is about the feasibility and popular appeal of a progressive/progressive, pragmatic/pragmatic, progressive/pragmatic or pragmatic/progressive ticket in November. That question will not answered until after the Democratic Convention in July, so I have to return to who I prefer for the top spot.

All of these possibilities rest against a backdrop of defensive voting. I mentioned this in posts about the 2016 election and I was wrong. What I said then was that voters from groups that Trump scapegoated and demonised would come out and vote against him in numbers, seeing Clinton as the lesser evil in that equation. Asians, Muslims, Hispanics, African Americans, LBQT folk, feminists, youth, leftists–I was sure that they would rally against the clear and present danger that was Trump back then. But they did not. Instead, they stayed home, thereby handing the victory to him (44 percent of eligible voters abstained from voting in the 2016 presidential election). Sure, a lot of this was due to the Russian disinformation campaign, including the leaked Clinton emails to Wikileaks and the FBI investigation into her communications security one month out from Election Day. But a lot had to do with disenchantment with the system in general and the lack of progressive, or at least sensible Democratic options.

I am not so sure that apathy will prevail in 2020. Trump is no longer a possibility but instead is a reality. The harm he has caused is tangible, not potential. Another four years of him will be, from the standpoint of Russian saboteurs, a strategic wet dream. So it is possible that previously apathetic voters will come to the plate this time around and, if nothing else, use the lesser evil approach to vote against Trump’s re-election.

There is another thing to consider. in 2016 the Republican National Community and GOP political establishment all argued that a centrist was needed in order to defeat the Democrats. A ‘safe pair of hands” with a stronger grasp on foreign policy and committed to the pursuit of trade, etc. was the key to success. Someone like Jeb Bush, John Kasich or Mitt Romney. The whole point was to demonstrate strength with a conservative tilt. Instead, they were sidelined by a xenophobic, bigoted sexual predator with narcissistic and sociopathic tendencies who made gutter-level, crass rightwing populist appeals to the stupidest and greediest segments of the voting population. That carried him first to victory over the GOP elites and then to victory over the mainstream establishment candidate (thanks Steve Bannon).

And then the GOP fell in line behind Trump, so the decent into hyper-partisan lunacy is now complete.

Perhaps then, it is the same with the Democrats. Perhaps the DNC is wrong and a centrist is not the answer to Trump. Perhaps the Democratic corporate elite and media centrists are not reading the pulse of the Democratic electorate correctly and have misjudged the thirst for real progressive change lying latent (and not so latent) in the land. Perhaps, having once been given hope, now there is real thirst for change, and that change starts with nominating a Democratic presidential candidate who can not only defeat the corporate-backed centrists and then Trump, but also defeat the institutional obstacles (say, in healthcare, immigration, education and foreign policy) now standing between meaningful reform and more of the same.

After all, the polls and the pundits suggest that the US electorate is more polarized than ever. So why would a centrist strategy work, especially when the other side has gone full tilt in favor of a demagogic Mad King?

In the meantime, who the heck am I going to vote for?

Media Link: Iran as a strategic actor.

datePosted on 12:00, February 5th, 2020 by Pablo

Unhappy with the demonisation of Iran in Western media, I was fortunate to have the Australian Institute of International Affairs invite me to write an alternative analysis for their on-line journal Australian Outlook. I did, and they serialised it into two parts. The essays are short, so I did not get into the fraught history of Iran-US relations dating back to the 1953 CIA-backed coup that installed Mohammad Reza Pahlavi as Emperor of Iran or the alliances that contemporary Iran has with China and Russia (which complicates any attempts to attack it). My main objective was to provide a counter to the notion that Iran is a rogue actor run by religious extremists hell-bent on sowing chaos on the world stage.

The essays are here and here.

Traveling in Otago.

datePosted on 12:01, January 31st, 2020 by Pablo

My family and I are traveling around Otago on a work/holiday excursion. We flew to Dunedin and rented a Toyota Corolla for a week. Here are my observations of what it is like to drive here. I have driven up and down the South Island before, but this time some things struck me.

Dunedin is a tricky place to drive. The main arteries are fine but once you get off the beaten track there is much windy, hilly, narrow road weirdness with many side street merges and other unexpected yield intersections. That would not be too much of an issue except for one thing: Dunedin drivers. I never would have thought that anything could be worse than Auckland drivers, but there is a sub-set of Dunedin drivers who consider tailgating and horn honking to be the standard approach to vehicles in front of them regardless of speed or traffic conditions (or stop signs and red lights!). Not cool.

We left Dunedin after a couple of days and are in Cromwell on our way to Wanaka after spending some time on the North Otago coast. The Mackenzie Country landscape is impressive. But here again we encountered primed-for-road-rage tailgating arm wavers and finger-givers. Mind you, I learned to drive in South America and have been in NZ 22 years, so I am not plodding along below the speed limits on the wrong side of the road. In fact, given that there is a wife and child in the car, I tend to average around 100 kph on the open roads and whatever the speed limits are wherever I am located. My days of being a Formula One wanna-be are over but I am not drooling on my seatbelt as of yet.

It was not until after a tailgating, arm waving incident as we were entering Cromwell that I realised what was partly the reason for the road craziness. Our car has a rental car license plate holder. It dawned at me that people would see the car (a generic white late model Corolla), look at the license plate and see the rental car plate holder, and then decide to turn into bullying a-wipes to some foreigner. I say this because I chased the last of the miscreants after all the tooting and bumper-riding arm-waving, and boy oh boy were they surprised to see that it was an older Pakeha male who was at the wheel of the car that they had been harassing. You could see the dim-witted gears clicking as it dawned at them that they had been ball-busting someone who could just be from HERE! Someone who was willing to pull over and then chase them down while stuck in small town traffic! That really seemed to adjust their attitude.

Forget the old saying about the shadow of the future hanging heavily over present decision-making. For car bullies like these, the future holds no consequence. Moreover, it clearly has not dawned on them that even Kiwis do the fly/rental car thing in-country. I should note that in all instances the bug-eyed mouth frothers were Pakeha, which is not surprising given the demographic around these parts.

Mind you, I live out near Piha in West Auckland, and that iconic beach town is a magnet for foreign tourists, who funnel over there from all over the region. That makes the Piha Road a nightmare at times, as visitors drive 60 in 100kph zones, slow down to take photos from their cars, cross the centre line, at times head the wrong way, refuse to pull over in slow vehicle bays and generally turn local frustrated and impatient commuters into homicidal maniacs. But on the open roads of Otago there is no such concentration of gagglers, so the bullys should have little reason to be annoyed.

The same day we got to Cromwell I read an editorial in the ODT about the approach to foreign drivers. Let’s just say that there may be a slight hint of racial bias in the calculation to target rental cars for intimidation and abuse. That makes things understandable but not excusable.

In any event we are enjoying the lake and local sights. But I am much more sympathetic to the hapless foreign tourists who, through no fault of their own, get fire-breathing Rambos on their tails just because assumptions are made about who drives rental cars in Otago and Southland.

Postscript: Citizenship Granted.

datePosted on 12:03, January 15th, 2020 by Pablo

I am pleased to say that I have been granted NZ citizenship. I need to do the ceremony for things to be official, but the application was a success. I now join my son as a dual NZ-US citizen.

To be fair, very little will change other than the fact that I can now run for political office, apply for a government security clearance or for a public sector job requiring one, and will need to get a passport so that I can travel unencumbered to places where my US passport is viewed with distrust or hostility. I do not plan to run for office but given the nature of my work the eligibility for clearances and a passport could be of great benefit.

And for those who still wonder how I can swear loyalty to the Queen, that is easy. The oath is to declare loyalty to the “Queen of New Zealand” and since she lives in my house, I am doing it anyway. :-0

A good moment for one Kiwi family.

Note:

I penned a series of tweets on the consultancy page offering my thoughts on the Soleimani assassination. I have decided to gather them together, add some more material, and edit them into a blogpost. Here it is.

The US drone strike in Baghdad that killed Iranian Quds force commander Gen Qassim Soleimeni, a leader of the Iran-backed Iraqi Shiia militia Popular Mobilization Forces (PMF) and others is an ominous portent of things to come. This is a major US escalation born of miscalculation because if nothing else, Iran must respond in kind. “In kind” does not mean some form of direct military response. What it means is that the response will be costly for the US and very likely lethal for some of its citizens (not all in uniform).

Iran has to do so or look weak both domestically and in front of regional adversaries. It has direct and indirect means of retaliation against US interests world wide, and it has US allies as potential targets as well. The issue for Tehran is whether it wants to respond in kind or lose face. It cannot afford to lose face.

This is how wars start. By error. Given that miscalculation is at the heart of what is known as the “security dilemma” and a major cause of war, why would the US engage in such brinkmanship? Was it presidential hubris? Could it be a distraction from impeachment? Have all contingencies been gamed by the Pentagon and the costs accepted? What is the end game envisioned by the US? Because global costs in this case are certain, whereas the outcome is not.

Before continuing, let’s first dispense with the arguments about whether Soleimani’s killing was legal or justified. For all the talk about norms, rules and mores in international relations, states ultimately do what they perceive it is in their interests to do and their ability to do so is determined by their relative capabilities vis a vis other states. That includes targeted extra-judicial killings across international borders. But being able to do something, even if the doing is legal, does not mean that it is necessarily appropriate or beneficial. Soleimani may or may not have been a legitimate military target (as the US argues), but his death is a very serious provocation at a minimum and at worst a precipitant to war. It includes Iraq as well as Iran in the equation, and given the posturing by Israel and Saudi Arabia (two of the few states that welcomed the killing), it could involve them down the road as well.

Whatever the case, let’s also rebut the demonization of the Quds force commander and place his history in proper perspective.

Qasem Soleimani was the equivalent of a special forces general in Western military organizations. He commanded the Quds Force, the clandestine, unconventional warfare arm of the Islamic Revolutionary Guards Corps (IRGC). He was not the only IRGC general but he was primus inter pares amongst them and a revered figure in Iran. Think George Patton, Douglas McArthur and Dwight Eisenhower rolled into one. Having risen through the ranks on the basis of intelligence and bravery in battle, his mission was to fight, via covert, irregular and indirect means, all enemies of the Islamic Republic. To that end he was a loyal servant of his faith and his country, just as many honoured Western military figures have been in their homelands.

Soleimani was tasked with fighting Iran’s enemies and defending its geopolitical interests. Iran’s enemies include the US, Israel and the Sunni Arab oligarchies that are the West’s “friends” in the Middle East. Iran’s interests include consolidating its sphere of influence in places where Shiite populations are significant, to include the Levant (Lebanon and Syria), Afghanistan, Iraq and Gulf states. It has an interest in undermining Israel and the Sunni Arab oligarchies. It has an interest in confronting the US military presence in the Persian Gulf and rest of the Middle East. It aspires to reclaim its place as a major regional power in the face of these adversaries.

To that end Soleimani cultivated proxies across the world, including Hezbollah, Hamas, a number of Shiite militias in Iraq and Yemen, and off-shoots in such distant places as Venezuela and Paraguay. These proxies were tasked with a number of unconventional missions, including support for the Assad regime in Syria, attacks on Sunnis and occupying forces in post-invasion Iraq, and attacks on Israeli interests world-wide. He and his proxies were and are devoted adversaries of Sunni Wahhabist/Salafist al-Qaeda and ISIS, to the point that the US provided air cover for the Iran-backed Shiia militias in Iraq during the war against their common foe. Read that again: at one time the US cooperated in combat with Soleimani’s allies in Iraq in the fight against ISIS.

It is true that the Quds Force trains, equips, supplies, technically and tactically aids and funds irregular warfare actors that use terrorism as a tactic. It is true that Iran-backed Shiia Iraqi militias killed occupying US troops via ambushes and IED attacks in order to hasten their departure from that country. It is true that these militias have committed atrocities against civilians, including market bombings in Sunni dominant areas of Iraq and Syria. But it should be remembered that the Sunni Arab world is not above such things, and the US has a sorry history of aiding, equipping and funding rightwing death squads throughout Latin America and elsewhere (anyone remember the “Contras?” They were, after all, an irregular militia attacking the Sandinista regime in Nicaragua). It is also true that the US killed thousands of civilians in Iraq and Afghanistan in its self-proclaimed “war on terror” (sic).

It is therefore a bit precious of the Trump administration to talk of Soleimani as if he was Hitler’s twin. He was ruthless, to be sure. But in that regard he was no different than most any other professional special operator, especially when the proxies that he helped organize and equip had and have considerable degrees of operational autonomy in the areas in which they are located (because tactical flexibility is a key to guerrilla warfare success). 

Mention here of the sins of others is not about “whataboutism.” It is about the reality of Soleimani’s profession. So let us return to the circumstances and consequences of his death.

The Pentagon statement that Soleimani was killed “at the president’s direction” implies a desire to distance the military from the decision to strike. Also, Trump falsely claimed that Soleimani was responsible for terrorist attacks “from London to New Delhi.” That is a distortion of the truth.

The vast majority of Islam-inspired attacks over the last three decades were committed by Sunni extremists, not Shiites. Although Iran was behind the bombing of the Israeli Embassy and Jewish Community Centre in Buenos Aires in the 1990s, attempted a revenge attack in San Diego on the captain of the US destroyer that downed an Iranian airliner that same decade and targeted Israelis in places like Thailand in the years that followed, it has been very careful in its operational focus, concentrating primarily on the region in which it is located. In contrast, terrorist attacks in Bali, Spain, London, France, Russia, India, Pakistan and the Philippines, to say nothing of the US, have all been the work of Sunni extremists supported by governments that are ostensibly friends and allies of the West. Given the silence that is directed towards these governments by the likes of the US, the claims that Soleimani and Iran are the greatest sponsors of terrorism in the world is a classic case of selection bias (at best) or rank hypocrisy (at worst). 

In any event, there was something odd about how the US revealed how Soleimani was killed. The Pentagon normally does not refer to POTUS when describing extrajudicial assassinations, even though the president must authorize all strikes against high value targets (an Obama-era order that remains in place). It also does not go into long elaborations justifying why the targeted person was killed. Taken together, this suggests that the move was made out of impulse, not reason. In fact, it seems that the president acted against command advice and that the US military followed orders in spite of reservations, and now the spin is on justifying the strike.

The real test comes when the Iranians respond, which will likely be unconventional, irregular, asymmetrical and prolonged. This is not going be a quick conventional war, as the Iranians understand that the way to defeat the US is to not go toe-to-toe in a conventional force-on-force confrontation. Instead, the best strategy is to employ a “death by a thousand cuts” global low intensity blood-letting campaign that saps not only the resources of the US military but also the will of the US people to support yet another seemingly endless war without victory.

Perhaps Trump’s advisors thought that a decapitation strike on Soleimani would paralyze the Quds Force and IRGC and intimidate Iran into submission. But a public signature strike rather than a covert operation removes plausible deniability and forces Iranian retaliation if it is not intimidated. Iran does not appear to be intimidated.

It is said that resort to war demonstrates the failure of diplomacy. The US “termination” of Gen. Soleimani may be a case of leadership incompetence leading to miscalculation and then war. There were options other than targeted killing by drone strike. There are overt and more subtle kinetic options if really necessary (the imminent threat argument trotted out by the White House and Pentagon is already crumbling under scrutiny). There are indirect means of demonstrating to the Iranians the folly of pursuing any particular course of action. But instead, a blunt instrument was used.

It is now clear that the US was tracking Soleimani for a while and was well aware of his movements and routine, to include trips to Syria and elsewhere. His planes were monitored. His convoys were tracked. His temporary quarters while traveling where known. His communications appear to have been monitored. There has been plenty of occasion to kill him and plenty of other places and means in which to do so without having to resort to a public display of force in the middle of Baghdad. He could have even received blunt warning–say by thermal gun sight imagery of his vehicle or abode–that he was in cross hairs. If it came to that, any attack on him that was not immediately attributable to the US would provide plausible deniability and tactical cover even if Iranians knew who did it, therefore making it harder for them to retaliate even if the message–whatever it is supposed to be–was received. Now, regardless of message, the Iranians know precisely who to blame.

Whatever the more nuanced options, Trump needed a showcase for his hubris, so a drone strike it was. In fact, this appears to be yet another act of bully-boy intimidation rather than a measured response grounded in a larger strategy. Even if the US had warned Iran about not having its proxies storm US diplomatic installations, specifically referencing the US embassy seizure in Tehran in 1979 and the 2012 attack on the US consulate in Benghazi, Libya before the storming of the US embassy in Baghdad last week, there were other ways of getting the message across without running the risk of escalation into war.

There is irony to the immediate sequels of the attack on the Quds Force commander. Follow-up US airstrikes on PMF militias may be designed to degrade their capabilities but are too little and late. The PMF is well-established and in fact is a para-military arm of the Iraqi government. Yes, you read that right. The PMF, which is mostly Shiia in composition but which includes some Sunni elements, acts as an armed agent of the Iraqi state. It is comparable to the colectivos in Venezuela and Turbas Divinas in Nicaragua– armed mobs that are used for domestic repression as much as for sectarian or anti-foreign violence. The signature drone strike was therefore an attack on an Iraqi government ally on Iraqi soil without its consent (or even forewarning, for obvious reasons). All of which is to say: If the Iraqi government now orders US out of Iraq in the wake of Soleimani’s murder because it violated the Status of Forces (SOF) agreement between the two countries, then the drone strike backfired.

That is because Iran then has an open field in which to exercise its influence in Iraq without a US counter-presence. Or, the US will be forced into another armed quagmire in a country where it is hated by Sunni and Shiia alike. It is therefore time for someone in Washington to get real about the consequences beyond Iranian retaliation.

As for Iranian retaliation, Trump threatens to have 52 pre-selected targets in Iran, including “cultural sites,” ready to be struck if Tehran does anything that results in US deaths (striking at cultural sites with no military significance is a violation of the laws of war and a possible war crime). But what if Iran strikes at allies? What if Russia sends troops to safeguard some of those target sites (Russia is a military ally of Iran and Russian troops fight alongside IRGC troops in Syria)? What if China (a supplier of weapons to Iran that has a base and warships in the region) also sides with Iran in the events things escalate? What happens if non-attributed but seemingly related attacks happen in the US but cannot be directly linked to Iran? The range of possible sequels makes all bluster about follow up strikes on Iran both reckless and hollow. Unless, of course, Trump has finally lost all sense of reason and no one in his entourage or the US security community has the courage to stop continuing his madness.

That brings up the calculus, such as it is, behind Trump’s order to kill. Perhaps he thinks that this will stave off the impeachment hearings while Congress argues about whether he should invoke the Wars Powers Act (WPA). He does not have to immediately request a WPA resolution but already Democrats have obliged him by arguing about not being consulted before the strike and about how he needs to justify it in order to get congressional approval. There is bound to be some dickering over the legal status of the drone strike but ultimately what is done is done and no post-facto amount of arguing will change the facts on the ground. Be that as it may, the impeachment process might be delayed but will proceed.

Trump undoubtably feels that this action will make him look decisive, bold and tough and that it will will shore up his MAGA base while attracting patriotic citizens to his war-mongering cause in an election year. The trouble is that the elections are 10 months away and the US military is exhausted from two decades of endless wars. Sending more ground troops to the Middle East only depletes them further. The US public is also disenchanted with wars with no resolution, much less victory, in places that are far away and which are not seen as the threat Washington makes them out to be.

If the US could orchestrate an air-sea battle with Iran that settled their differences, that would be another story. But that is not going to happen and is why the US is already sending land forces into theatre. This will be a multi-tiered low intensity conflict without defined borders or rules of engagement.

Iran knows all of this and will play an indirect long game. It will look to fight a war of attrition in which the will of the US public will be targeted more so than the capability of its military. It will endeavour to exact a death by a thousand cuts on the American psyche and its desire for war.

That makes Trumps bully boy assassination strike a triple miscalculation: a) it will not necessarily save him from the impeachment process and further adverse legal proceedings; b) it will not guarantee his re-election; and c) it will escalate the confrontation with Iran in unforeseen directions, with unexpected but surely negative consequences for US interests in general and for himself personally. The law of unintended consequences will prevail.

Perhaps there is a silver lining after all.

Seasons Greetings and Happy New Year.

datePosted on 14:16, December 31st, 2019 by Pablo

I hope that all readers have had a good festive season and are headed into a healthy, happy and productive New Year. 2019 was a relatively consistent and quiet year at KP, as befits a niche political blog. 39 posts this year, including three by Lew on the gun buy back (some the most informed commentary on the post 15/3 gun law reforms has come from Lew). Some months were slow, with just one post, while most months averaged between two and four posts, the high being seven in February (in other words, just over three posts per month). We averaged around 2500 page views per month and got a pretty steady flow of comments from regular and new readers, having now passed the 2,800 comment mark from over 930,000 page views.

Since I do most of the posting the topics reflect my interest in international relations, comparative politics and international security and intelligence. I did write about more domestic-focused subjects such as the NZDF, the Royal Commission of Inquiry into the Christchurch terrorist attacks, the misogyny of the NZ Right, the implications of Rocket Lab’s military payloads, Simon Bridge’s silliness, Mark Taylor’s desire to return to NZ, Anne Marie Brady’s problems with the PRC, Huawei as a potential arm of PRC intelligence, the Christchurch attacks and backlash to it from rightists, the cloaking of hate speech in the mantle of free speech, and the decline of small-d democracy in NZ and elsewhere. I also celebrated the ten year anniversary of KP’s first post in January 2009.

As for foreign affairs, I wrote about the Venezuela crisis (twice), the US (and its relations with various places), Argentina (on the use of torture there) Hong Kong (protests as collective action), Israel (as a limited democracy), Iran (as a regional power) and Sri Lanka (terrorist attacks). I wrote about the global protest movement, coming resource wars, the fallacy of the so-called “proximity” argument, xenophobia and racism, legacy versus speculative investments, trade versus security (with regard to NZ-PRC-US relations), and the “post-truth” moment that we are living. Underprinning all of these posts was an orientation towards democratic theory, strategic analysis and comparative research methodology, as one would expect from someone with my training, background and interests.

Most of KP readers know the rules of engagement and respected them. A lot of the comments made by were thoughtful, well-grounded and informed, for which I am thankful. There were the usual cranks (hat tip to Paul Scott) but in the main things were kept pretty civil. I did get visited by a pro-PRC troll when I wrote about the PRC and Anne Marie Brady, and he is the fellow who (I will say likely just to be polite) tried to undermine my citizenship application by making false allegations about me to the Department of Internal Affairs. No worries for me, but potentially big worries for him since there are ways that even I can track people who write to this blog (that includes those who use so-called “masking” sites), and government agencies do not take kindly to having their resources wasted by false allegations made by people with dubious foreign connections themselves.

All in all it was a good year for KP. We shall see if it keeps rolling along. I have some health matters to attend to in 2020 that may take me out of circulation for a while and there is no one to pick up the slack. Assuming that all goes well on the health front I will potter along as I can, as there will be no shortage of topics to discuss.

One thing that I can guarantee, though, is that I will not engage in the type of intergenerational warfare (“OK Boomer”) and reactionary/woke nonsense (recently associated with some pathetic old white guys turning magazine and books upside down because they have a powerful woman’s face on them). In a world where refugees are dying in droves trying to reach safe haven, only to be caged upon arrival (be it in Samos or San Antonio), and where the gap between rich and poor widens while global temperatures rise, protests rage and ongoing wars of convenience and opportunity demonstrate the powerlessness of international norm enforcement, I have better things to do in a blogpost than write about petty trivialities.

Feliz Ano Nuevo and Happy New Year to all! See you next decade.

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.

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