Posts Tagged ‘Authoritarianism’
Last week Fiji took delivery of a shipment of Russian weapons that were “donated” by Russia pursuant to a bilateral Memorandum of Understanding (MOU) signed in February 2015. The Fijians say that the weapons are needed by Fijian peacekeepers in places like the Middle East because what they currently have in their inventory is obsolete. The shipment includes small arms (squad) weapons, two trucks, tear gas, other non-lethal munitions and possibly one or more helicopters. The shipment will formally be unveiled in February in front of a Russian delegation that will include military trainers who will remain in Fiji to instruct Fijian military personnel in their proper usage.
Fijian opposition figures believe that the shipment is illegal because it was not approved by Parliament and that it could be used against domestic opponents of the current, military-backed government. Let me briefly outline the issues.
The shipment is perfectly legal as it is not part of a Treaty that needs parliamentary ratification. Plus, it is a “donation” of military aid so it does not need parliamentary approval.
The opposition is correct to be concerned about the “dual use” potential of the weapons. Squad weapons, tear gas and non-lethal munitions can be used in peacekeeping but can also be used as instruments of crowd control at home. Given the Fijian Military Forces history, that is a very real possibility.
The arms shipment could trigger an arms race with Tonga, which also has a military and is a rival of Fiji. The Tongans are not likely to view the shipment kindly even if it does not specifically include naval equipment. Squad weapons can and are used by navies as a matter of routine, and the introduction of military helicopters into a regional rivalry is bound to cause alarm in the Kingdom.
Although Fijian military inventories may well be obsolete (meaning Vietnam era US weapons), most UN peacekeeping missions are armed by the UN using NATO-standard equipment. That includes small arms and troop carriers used in “blue helmet” operations. Thus the claim that the Russian arms are needed for peacekeeping is debatable at best.
The MOU with Russia also outlines military educational exchanges. These follow on a similar program with the Chinese military (PLA). The Chinese also have funded and undertaken numerous infrastructure projects such as port dredging and road building that have a parallel “dual use” potential: they can be used for civilian and military purposes alike.
Given the above, it is reasonable to speculate that the Chinese and/or Russians may receive forward basing rights in Fiji in the not to distant future. Under the “Looking North” policy Fiji has clearly pivoted away from its traditional Western patrons (Australia, NZ and the US) and towards others that are less concerned about the status of Fijian democracy (such as it is, and it is not very much). Given these weapons transfers plus bilateral military education and training exercises with China and Russia, the path is cleared for the two countries to use Fiji as a means of projecting (especially maritime) power in the South Pacific. The Chinese are already doing so, with Chinese naval ships doing regular ports of call in Suva. After years of neglect, the Russian Pacific fleet has resumed long-range patrols. So the stage is set for a deepening of military ties with a basing agreement for one or both.
The Chinese and Russians are enjoying some of their best bilateral relations in decades. It is therefore possible that they may be working in coordinated, cooperative or complementary fashion when it comes to their overtures to the Fijians. Both seek tourism opportunities as well as preferential access to fisheries in and around Fijian territorial waters, so their non-military interests converge in that regard, which may limit the regional competition between them.
It is clear that post-election Fiji has moved from a “guarded” democracy in which the military acts as a check on civilian government to a soft authoritarian regime in which the executive branch supersedes and subordinates the legislature and judiciary with military connivance. Instead of going from a “hard” dictatorship to a “hard” democracy, Fiji has moved from a “hard” dictatorship to a “soft” one (for those who know Spanish and the regime transitions literature, the move was from a “dictadura” to a “dictablanda” rather than to a “democradura”).
Some of this is by constitutional design (since the military bureaucratic regime dictated the current constitution prior to the 2014 elections), while other aspects of the slide back towards dictatorship are de facto rather than de jure (such as the speakers’ order to reduce the amount of days parliament can sit. The speaker is a member of the ruling party yet holds a position that is supposed to be apolitical). Then there are the strict restrictions on press freedom and freedom of political participation to consider. Attacks on the Methodist Church, arrests of civil society activists and claims of coup plotting by expats and local associates contribute to concerns about the state of governmental affairs. Add to that the fact that the first Police Commissioner after the election resigned after military interference in his investigation of police officers implicated in torture, and then was replaced by a military officer (against constitutional guarantees of police and military independence) while the policemen were given military commissions (which insulated them from prosecution thanks to provisions in the 2014 constitution), and one gets the sense that Fiji is now a democracy in name only.
None of this bothers the Russians or the Chinese, both of whom resisted the imposition of sanctions on Fiji after the 2006 coup (to include vetoing UN Security Council resolutions barring Fiji from peacekeeping operations).
All in all, the outlook is two-fold, with one trend a continuation and the other one new. Fiji is once again becoming authoritarian in governance, this time under electoral guise and a facade of constitutionalism. In parallel it has decisively turned away from the West when it comes to its diplomatic and military alignments. This turn is a direct result of the failed sanctions regime imposed on Fiji after the 2006 coup, which was too porous and too shallow to have the impact on Fiji that was hoped for at the time of imposition. The result is a greatly diminished diplomatic influence and leverage on the part of Australia, New Zealand and (to a lesser extent) the US and the rise of China, India and Russia as Fiji’s major diplomatic interlocutors. Factor in Fiji’s disdain for the Pacific Island Forum (PIF) and its continued attempt to fashion the Melanesian Spearhead Group (MSG) as a counter to it, and the makings of a regional transitional moment are clear.
The sum result of this is that the strategic balance in the South Pacific is clearly in flux. Given the US “pivot” to Asia and the reassertion of its security ties with Australia and New Zealand, that is bound to result in increased diplomatic tensions and gamesmanship in the Western Pacific in the years to come.
Posted on 15:25, January 15th, 2015 by Pablo
This week I attended a talk by Kiwi journalist Yasmine Ryan, currently based in Tunis. Yasmine previously worked for al-Jazeera and now freelances from her Tunisian base. Her talk was about the state of affairs in the Arab world, and more specifically, North Africa.
She had many interesting things to say but I garnered three main points from her talk. First, the the so-called Arab Spring has failed to open Arab politics in any meaningful way. Second, levels of corruption in the Arab world are so high and so pervasive that reform is virtually impossible, especially when foreign interests back the entrenched power elites. Third, state capacity (measured by public infrastructural development, enforcement of norms beyond simple repression and provision of goods and services) is woefully lacking throughout the region, something that contributes to pervasive discontent amongst disempowered groups.
Her bottom line was that although Tunisia is touted as an Arab Spring success story, it is in fact not and yet is the best of a sorry lot of post-dictatorial regimes now governing in North Africa.
As Yasmine spoke, I found myself pondering her use of words. She referred to the Tunisian “revolution” and to the “democratisation” of Arab politics. Her use of these terms reflects standard journalistic practice although she knows well that nothing of the sort has happened in North Africa. Let me explain why.
“Revolutions” properly conceived are popular uprisings that lead to the armed overthrow of the state and the imposition of a paradigmatic change on society under a new political regime in the wake of the overthrow. The first key to revolutionary success is victory over the repressive apparatus, either as a result of combat or because the repressive apparatus switches its allegiances to the new sovereign contenders. The second key to revolutionary success is the scope of paradigmatic change covering political society, civil society and the economic structure of the nation-state. Needless to say, none of this happened as a result of the so-called Arab Spring.
So what did happen? Well, if revolution does not eventuate and democracy does not obtain, then other outcomes are possible. The regime being challenged can use its repressive superiority to reassert its authority and crack down on dissent, thereby quashing the seeds of popular uprising. This occurred in Bahrain, although it took Saudi Arabian troops to help repress the mostly Shiia uprising against the Sunni elite in that country. To a lesser extent it occurred in the 2009-10 election protests and the 2011-12 Arab Spring-inspired “Day of Rage” protests in Iran.
Another alternative outcome is a civil war where the challenged regime is forced into an armed struggle with rebel groups or in which the old regime is overthrown but new power contenders fight each other in order to establish their claim to being the new sovereign. The former is happening in Syria and the latter is happening in Libya. Iraq is a variation on this, with foreign intervention rather than popular unrest being the gateway (if not cause) for post-authoritarian internecine violence marshalled along sectarian lines.
A third option is for the authoritarian regime being challenged to engage in what is known as a “passive revolution.” “Passive revolution” is where the regime elite adopts cosmetic changes and engages in reform-mongering to appease popular discontent but does not fundamentally alter the power elite or the institutional bases of their power. One of the cosmetic changes is electioneering rather than democratisation (which involves more than elections and encompasses institutional, social and economic life). This, sadly, is what has happened in Tunisia after the fall of Zine El Abidine Ben Ali and in Egypt after the respective ousters of Hosni Mubarak and Mohamed Morsi. In both cases the power elite underpinning the ousted authoritarian leaders regrouped under an electoral facade that allowed them to cloak their rule in a mantle of “democratic” legitimacy. In Egypt’s case the scenario had a twist in that Morsi was allowed to become the first freely elected president in Egyptian history, but when his Muslim Brotherhood government pushed its Islamicist-backed constitutional project and Morsi granted himself unlimited executive powers not subject to judicial or parliamentary review, they were deposed in a military coup. The leader of the coup and then head of the Egyptian military, Abdel Fattah el-Sisi, is now president of Egypt.
However, for a passive revolution to work it must, along with continuing to selectively repress dissent, deliver goods otherwise not obtained by the discontented masses. Be it as a short term or longer term strategy, the passive revolutionary approach is more than political window dressing because it hinges on giving the appearance of progressive change by providing public goods and services, and material benefits, that previously were unavailable. Yet, in Egypt as well as Tunisia, none of that has occurred because of rampant corruption, lack of state capacity, and an absence of economic opportunity under the power elites that ruled before the regime changes and who continue to rule today. What has occurred is the resumption of repression of those who wish to push for a further and more substantive political opening.
This means that the root causes of popular discontent remain unaddressed, which makes the passive revolutionary approach inherently weak. It is akin to putting a sticking plaster on an arterial bleed–it may staunch some short term dissent but it cannot contain the surge of discontent over the long term.
But there is a twist to the story. It turns out that Tunisia has supplied the largest contingent of foreign fighters to the Islamic State. Egypt also has proved to be a fertile recruiting ground for jihadists, and Libya is overrun with them fighting to overthrow the central government in Tripoli. Why would alienated individuals in Tunisia and Egypt opt to join a foreign war rather than continue to fight for progressive political change at home?
I believe the answer is that those who choose to leave to fight for IS or al-Qaeda see the results of the Arab Spring for what they really are: a reassertion of the traditional status quo under different guise. Understanding the impossibility of affecting significant political, social and economic change at home, these disaffected fighters migrate to foreign conflicts in which the enemy is clear (be it the West, Israel, Iran or Shiia Islam in general) and in which their skills in the management of organised violence can be honed for future use at home should they survive combat. Should they not, they will have died for what they believe to be a good cause.
That is the crux of the “returning jihadi” problem. They pose no existential threat to the West or even stable authoritarian regimes (barring an overreaction by the state and society that makes it appear as if there is in fact a “war” between Islam as a whole and the non-Islamic world). They do not pose an existential threat to stable Muslim dominant societies such as Indonesia and Malaysia. But they do pose a potential existential threat to the passive revolutionary regimes in North Africa as well as in failing or failed states such as Yemen, Somalia and/or those in which civil war is occurring (to include Nigeria even if Boko Harum is comprised of indigenous fighters who for the most part have not traveled abroad).
That is why I see al-Qaeda and the Islamic State as regional rather than global problems–they may have a world wide impact given the decentralised nature of terrorist tactics outside of the Middle East, but their real strategic impact stems from the existential threat they pose to the Middle East itself. After all, even if they use the US, the West, Israel and/or Iran as foils for their violent ambitions, al-Qaeda and IS have their eyes focused squarely on the Gulf petrolarchies as much if not more than they do on any other territorial and political objective.
In the end, it has been the failure of the Arab Spring to deliver on its theoretical promise and popular expectations for real change that has led to the rise of IS and the spreading wave of violent unrest throughout the Arab world. After a moment that promised a thawing of old political structures and the germination of new ideas about the relationship between state and society, the region has proven yet again to be barren ground for peaceful, progressive and lasting social change.
PS: Here is something I wrote in 2011 about Tunisia and other Middle Eastern transitions. Although I do not claim any particular expertise on the Middle East or Arab world, I think that by and large my observations of four years ago have stood the test of time.
In 1995 I published a book that explored the interaction between the state, organised labor and capital in the transitions to democracy in Argentina, Brazil, and Uruguay. The book was theoretically rooted in neo-or post-Gramscian thought as well as the vast literature on collective action and the politics of the case studies. In it I explained how democratic transitions were facilitated by class compromises between labour and capital brokered by the state, which acted as an institutional mediator/arbitrator in resolving conflicts between the two sides of the labour process. I noted the importance of neo-corporatist, tripartite concentrative vehicles for the achievement of a durable class compromise in which current wage restraint was traded for increased productivity in pursuit of future wage gains under restrained rates of profit-taking, all within state-enforced workplace, health, safety and retirement frameworks negotiated between the principles. That way the relations in and of production were peaceably maintained.
One of the things I discovered is that labour or working class-based parties were served best when they had union representation in the leadership. That is because, unlike career politicians, union leaders were closest to the rank and file when it came to issues pertinent to those relations in and of production. As a result, they translated the needs of the rank and file into political imperatives that determined working class political praxis under democratic (read non-revolutionary) conditions.
In contrast,Left politicians tended to be drawn from the intelligentsia and were prone to compromise on matters of principle in pursuit of strategic or tactical gain. Many did not have working class backgrounds, and some spent their entire careers, if not adult lives, currying favour in the pursuit of office and the power that comes with it. More than a few have never held a job outside of the political sphere, which led them to hold an insular view of how working class politics should be conducted. As a result, they were often disinclined to put the material or political interests of the working classes first, preferring instead to pursue incremental gains around the margins of the social division of labour within the system as given.
For those reasons, I found that working class interests were best represented when the union movement dominated the working class party, not the other way around.
But there was a caveat to this discovery: unionists only served as legitimate and honest agents of working class interests if they adhered to a class line. In other words, they had to be genuine Marxists or socialists who put the working class interest first when it came to the pursuit of politics in competition with the political agents of capital. “Class line” was broadly interpreted to include all wage labour–blue and white collar, temporary and permanent, unionised or not. That made them honest interlocutors of the people they represented (the ultimate producers of wealth), since otherwise they would be conceding the primacy of capital and business interests (the appropriators of surplus) in the first instance.
Since the system is already stacked in favour of capital in liberal democracies, it was imperative that the agents of the working class in post-auhoritarian contexts wholeheartedly and honestly embraced ideologies that a minimum rejected the unquestioning acceptance of market directives as a given, much less the idea that capitalism as a social construct was the best means by which societal resources were organised and distributed. The post-transitional moment was an opportune time to press the critique of capitalism, as the authoritarian experiments had demonstrated quite vividly the connection between political oppression and economic exploitation. It was a moment in time (the mid to late 1980s) when unions could impose working class preferences on the political parties that purported to represent the rank and file, and where working class parties could genuinely speak truth to power.
As it turns out, the record in the Southern Cone was mixed. Where there was a Marxist-dominated national labour confederation that dominated Left political representation (Uruguay), the political Left prospered and the working class benefitted the most. In fact, after two decades of failed pro-business government by the centre-right Colorado Party, the union-backed Frente Amplio coalition has now ruled for over a decade with great success and Uruguay remains Latin America’s strongest democracy.
On the other hand, where the union movement was controlled by sold-out opportunists and co-opted bureaucrats (Argentina), who in turn dominated the majority Left political party (the Peronists), corruption and concession were the norm and the working classes benefited the least. In fact, in a twist on the New Zealand story, it was a corrupt, sold-out and union-backed Peronist president, Carlos Menem, who used the coercively-imposed market driven economic reforms of the military dictatorship as the basis for the neoliberal agenda he implemented, by executive decree, in Argentina in accordance with the so-called “Washington Consensus.”
In Brazil the union movement was divided at the time of the transition between a Marxist-dominated militant confederation (the CUT), led by Luis Inganicio da Silva or “Lula”as he was better known, and a cooped confederation (the CGT) that had emerged during the military dictatorship and which was favoured by business elites as the employee agent of choice. The CUT dominated the politics of the Workers Party (PT), whereas the CGT was subordinated to the logics of the political leadership of the right-center PMDB.
As things turned out, although the PMDB won control of the national government in the first two post-authoritarian elections, and the subsequent governments of social democrat Fernando Henrique Cardoso began a number of social welfare projects designed to reduce income inequality and enforce basic human rights, working class interests did not fully proposer until the PT under Lula’s leadership was elected in 2002 (the PT just won re-election for the fourth consecutive time under the presidency of Lula’s successor Dilma Rouseff). In the PT Marxist unionists have dominant positions. In the PMDB and Cardoso’s PSDB, the sold-out unionists did not.
That brings me to the the election of Andrew Little as Labour Party Leader. Leaving aside the different context of contemporary New Zealand relative to the subject of my book and the question as to whether the union movement truly dominates the Labour Party, consider his union credentials. His background is with the EPMU, arguably the most conservative and sold-out union federation in the country. In fact, he has no record of “militancy” to speak of, and certainly is not a Marxist. Instead, his record is that of a co-opted union bureaucrat who likes to work with the Man rather than against Him. The fact that business leaders–the same people who work incessantly to strip workers of collective and individual rights under the guise of employment “flexibilization”– find him “reasonable” and “thoughtful” attests not only to his powers of persuasion but also to the extent of his co-optation.
But maybe that was just what he had to do in order to achieve his true calling and show his true self as a politician. So what about his credentials as a politician? If winning elections is a measure to go by, Mr. Little is not much of one, having never won an election outside his unions. Nor has his tenure as a list MP in parliament been a highlight reel of championing working class causes and promoting their interests. As others have said, he smacks of grey.
Which brings me to the bottom line. Does he have a class line?
Although we in NZ have been preoccupied with our own national election, Fiji had one a few days earlier that arguably is far more important when it comes to that country’s long-term prospects. Much has been written about this foundational election and the transition from dictatorship to democracy, but in this 36th Parallel analysis I consider the possibility that Fiji may see Singapore as a developmental model worth emulating.
It is not as crazy an idea as you might think at first glance.
One of the important lessons taught by the study of military dictatorships is that when the military rules as an institution, such as in the case of the military-bureaaucratic regimes of Southern Europe, Latin America and East Asia in the 1960s through the 1980s, organisational professionalism is compromised. Having military officers sitting at desks as Ministers and department chiefs of non-military portfolios keeps them away from the training grounds and deployments in which military leadership is honed and exercised. Having soldiers patrol the streets and suppressing domestic dissent takes them away from the combat tasks that are supposedly their reason for being. Prolonged tenure in government makes both officers and enlisted personnel susceptible to the temptations of unchecked authority, from material corruption to unethical personal behaviour.
The very nature of military organisation is incompatible with governance. Whether it be collegial or Prussian style or some variant thereof, the military is a pyramidal organisation in which orders are passed from top to bottom and duties are delegated without question. There is no cabinet made up of ministerial equals. Instead, there is either one Military Commander or there is a High Command or Joint Staff comprised of similarly ranked chiefs of different armed service branches, and even then there is a first amongst equals. The further down the chain of command the more immediate and tight the degree of control of superiors over subordinates.
The rationale underpinning the organisational ethos and structure is to promote discipline under fire. There is little room for compromise and stakeholder consultation such as that which is the norm for most public agencies. There is no public consultation and few feedback loops other than after action reports and what soldiers tell their superiors in a chain of command. Superimposing a military organisation on the State apparatus may impose discipline (or at least fear) on the public bureaucracy, but the price paid for that is the softening of the military organisation in question.
The situation is compounded by militaries that use foreign peacekeeping missions as a substitute for combat exercises and as a source of remittances (since UN pay tends to be much high than local military pay in most of the world). Whatever dangers exist in peacekeeping, and there are many, keeping the peace is not, nor can it ever be, a substitute for combat training.
When taken together these factors erode the professional competence of the military as an institution. In countries that have military rule and conflicts with neighbours, this is often seen as a sign of weakness by adversaries. After all, pushing pencils and having long working lunches is not quite living like in a tent eating rations in between live fire exercises. Thus, somewhat ironically, prolonged military rule invites attack by hostile states in which the military does not rule and instead focuses on its combat role.
The capture of 45 Fijian Army peacekeepers in the Golan Heights by the Al-Nusra Front is a variant on this theme. The Fijians were part of a detachment that included a similar number of Filipino soldiers. When the al-Nusra rebels surrounded and attacked their jointly held UN outpost, the Filipinos, who have years of experience fighting Abu Sayyaf rebels in the southern Philippines, staged an armed retreat that allowed all of them to escape capture. They laid down suppressing fire as they drove their armoured column out of the compound at speed, and prevailed in the firefight occasioned by their escape. They suffered no losses.
The Fijians, on the other hand, although being similarly armed and equipped, surrendered without a shot. They are now waiting “divine justice” at the hands of their al-Nusra captors. Neither the Fijian military nor the military government can do anything about the situation, and instead have to reply on UN negotiators for the safe return of their soldiers. Other than appeals to the captors, the only response evident in Fiji is threats to the local Muslim community made by some Fijian nationalists.
The difference between the two outcomes in the Golan Heights is attributable to relative military professionalism. The Philippines Army does not govern and fights on a regular basis with the Abu Sayyaf rebels. They are battle hardened and disciplined as a result. The Fijian Army, in contrast, has ruled Fiji since 2006. Senior military leaders from the rank of major up have held managerial positions in the civilian administration, and the military spends most of its time engaged in domestic repression rather than training for combat. As part of the sanctions levels against it, Fijian military officers were denied admittance to Western military colleges and the Fijian military does not participate in multinational exercises. In spite of a limited military exchange program with China, the Fijian military has not engaged in the types of corporate training that makes for an effective fighting force against other armed adversaries. Instead, it has sent hundreds of soldiers on UN peacekeeping missions, but this is more due to the domestic importance of remittances from Fijian soldiers to their kin (especially in the villages) rather than securing the benefits of operational experience in conflict zones.
The result is that what used to be considered one of the more professional military organisations in the South Pacific is no longer capable of defending itself when attacked by irregular forces abroad. It lacks the leadership and discipline required to engage in organised violence against such armed opponents because it has spent too much time focused on ruling rather than serving its compatriots.
All of this illustrates the point that, beyond the negative impacts of military rule on society at large, the military as an institution is adversely affected by military rule. This is why “enlightened” militaries that stage coups try to relinquish direct control of government as quickly as they can. But others, perhaps safe in the knowledge that they have no immediate adversaries and enjoying the perks of governance, tend to linger in power. In spite of their lofty nation building rhetoric, the longer they retain power the more likely that the military will begin to lose the combat leadership and soldiering skills essential for survival in battle. And should that military ever find itself in battle, it stands a poor chance of victory when confronting hardened soldiers.
That has been proven sadly true for the Fijian Army in the Golan Heights.
Military-bureaucratic authoritarian regimes often seek to legitimate their rule and establish a positive legacy by transferring power to elected civilian authorities. However, they do so only under certain conditions and with specific outcomes in mind. One way to ensure that their post-authoritarian vision is adhered to is to run a military-backed candidate (often a retired military leader) as the “official” candidate while actively working to use their control of the election process to promote divisions and disunity amongst the opposition. The way in which the elections are governed and the process leading up to them are used by the outgoing authoritarians to produce a voting outcome that upholds the status quo under elected civilian guise.
In spite of its dominant position in such “top-down” forms of electoral transition, military-backed candidates and/or parties are confronted with several dilemmas that complicate their ability to ensure their desired post-authoritarian outcome. In this 36th Parallel Assessments brief I point out two of them as well as some other political dynamics at play in such scenarios.
Although the analysis is framed broadly, it may be of particular interest to those interested in the elections scheduled for September in Fiji.
Over at 36th Parallel Assessments I explore some of the dynamics that are and will be key factors in the political transition to free and open elections in Fiji scheduled for mid 2014. Unique circumstances in Fiji notwithstanding, the success of a transition from military-bureaucratic authoritarianism to freely elected government (if not democracy) hinges on some key factors, particularly the interplay between regime and opposition hard- and soft-liners. The essay explains how and why.
Accusations that the NZDF may have been spying on journalist Jon Stephenson during or after he was in Afghanistan researching what turned into a series of very critical stories about the actuality of SAS operations in support of the elite Afghan counter-terrorism Crisis Response Unit (CRU) have sparked both public outrage and government backlash. Numerous media entities and civil libertarians have protested the alleged spying as an infringement on press freedom, with the story now picked up by the US press because Mr. Stephenson was working for a US based news service when the spying supposedly occurred, and the spying may have been carried out by US agencies.
It is early days yet in the development of the story, but there are numerous angles that if explored could lead to a can of worms being opened on the NZDF and NZ government as well as the US administration. More immediately, if what has been made public so far is accurate then there are some NZ-focused issues to ponder, which can be broadly divided into matters of short and long-term consequence.
The specific accusation is that NZDF obtained meta-data about Mr. Stephenson’s phone records from US intelligence sources while he was in Kabul. This meta-data included the phone numbers of those he contacted or who called him while in theater, which could be “mined” and subject to network analysis in order to create signal maps and flow charts of the patterns of communication between them as well as with Mr. Stephenson (what have been called signals meta-data “trees”).
Implicit in the original story by Nicky Hager is the possibility that the content of Mr. Stephenson’s conversations and possibly his emails were accessed by the NZDF, or at least by foreign partners who then shared that information with the NZDF.
This is the short aspect of the story. Mr. Hager believes that Mr. Stephenson was subject to an NSA signals trolling scheme akin to that done by the PRISM program, and that the NZDF may have requested that Mr. Stephenson be surveilled by the NSA as a result of Stephenson’s investigation but also because the NZDF could not spy on him directly. However, since the SIS and GCSB had officers on the ground in Kabul and shared workspace with NSA and CIA personnel, the possibility was raised that they were somehow involved in the electronic monitoring of Mr. Stephenson, either has initiators or recipients of the NSA meta-data mining of his communications.
This may or may not prove true. The government and NZDF flatly deny that any spying, whether by the NSA, GCSB or NZDF, was done on Mr. Stephenson. Mr. Hager claims to have evidence that NZDF personnel obtained Mr. Stephenson’s telephone meta-data (presumably he has at least been shown that data by the NZDF personnel who are his sources).
One of these versions is apparently false, although there may be a twist to the story that bridges the veracity gap between them.
Since Mr. Stephenson was in a declared conflict zone in which a multinational military coalition was engaged, he was inevitably subject to military intelligence collection. Military organizations and their various service branches maintain human and signals intelligence collection units that focus on tactical aspects of the conflict zone. That would, at a minimum, include canvassing local telephone and email networks for information on potential threats and contextual background. Such collection is designed to facilitate “actionable” intelligence: information that can be used to influence the political environment as well as the kinetic operations that occur within it.
It is possible that Mr. Stephenson’s phone records were collected by an ISAF military signals intelligence unit. It probably was that of a US military unit. That unit may have identified Mr. Stephenson as a New Zealander and passed his information on to one of the intelligence shops located at Bagram Air Force base or elsewhere for sharing with the NZDF as a professional courtesy and a “head’s up” on who Mr. Stephenson was involved with.
If this is true, then Mr. Hager’s NSA/PRISM/GCSB/NZDF spying scenario is wrong. However, the issue does not end there. The big questions are whether the NZDF requested that an allied military signals intelligence unit spy on Mr. Stephenson, or if not, what it did with the information about Mr. Stephenson volunteered to it by its ally.
If the latter is the case, then it is possible that the NZDF took no action because it either considered the information marginal to its intelligence concerns or improper for it to receive and use. That in turn could have led to the destruction of that meta-data after it was received.
On the other hand, if the NZDF requested said information about Mr. Stephenson from a military intelligence partner, that would make any subsequent meta-data record destruction an attempt to eliminate evidence of that request or the use to which the data-mining was put.
It should be noted that such spying in conflict zones is usual and to be expected by anyone operating with them, journalists and non-journalists alike. Moreover, it is perfectly legal as well as reasonable for the NZDF to share information with its military intelligence partners, even if it includes information about unaffiliated NZ citizens operating in conflict zones in which the NZDF is deployed. Thus it would not have been unlawful for the NZDF to obtain Mr. Stephenson’s electronic meta-data whether it initiated its collection or merely received the results.
This extends to its use of the SIS or GCSB to assist in said collection, since the SIS is empowered to spy on NZ citizens and the GCSB was working in a foreign theater in which Mr. Stephenson was working for a “foreign entity” (McClatchy New Service), therefore making him a legitimate target under the 2003 GCSB Act. Whether one or both of these agencies was involved in the spying on Mr. Stephenson, should it have occurred, the eavesdropping could legally be conducted without warrant, again owing to situational circumstance.
However, just because something is legal does not make it right. This is where the long of the story comes into play.
Mr. Hager also revealed the existence of an NZDF operations manual, apparently drafted in 2003 and revised in 2005, that included at least “certain investigative journalists” along with hackers, foreign spy agencies, ideological extremists, disloyal employees, interest groups, and criminal organizations in the category of “subversive” threats (although it remains unclear as to when that particular passage was added to the text and who authored and authorized it). The definition of subversion was stretched to include those whose activities could undermine public morale or confidence in the government and NZDF. This included “political” activities deemed inimical to the NZDF image or reputation.
Whether it was included in the original version or added some time later (perhaps very recently), that definition of subversive threats is astounding. The language used borrows directly from the lexicon of the Pinochet dictatorship and Argentine Junta. It completely ignores the concept of press freedom in a democracy, which is premised on the autonomous separation of the media and the military as institutions. It lumps in so-defined subversive threats with physical threats to operational security in the field. That makes those identified as subversives enemies rather than adversaries, which allows them to be treated accordingly.
The wording of the passage about subversive threats in this manual says more about those who drafted it and the NZDF leadership that allowed it to become doctrine than it does about any real threat posed by journalists to the NZDF or government. Being embarrassed by critical reporting is not akin to being shot at. Even if written in the fevered years immediately after 9/11, the authors of that passage (and presumably others in the manual) display an authoritarian, anti-democratic mindset that is fundamentally inimical to democratic civil-military relations and, for that matter, democratic military professionalism.
Chris Trotter has noted that the NZDF, as a military organization, is authoritarian in nature and thus inherently un-, if not anti-democratic. I respect his view but disagree to an extent. Virtually all social organizations are hierarchical in nature–families, churches, private firms, unions, schools, bureaucracies, political parties and yes, the armed forces, police and intelligence agencies. That makes the egalitarian bases of democratic political society unlike virtually all other forms of social organization.
In other words, we are socialized in a hierarchical world and it is democracy as a political form that is the unnatural outlier.
Even so, although hierarchy can and often does tend towards authoritarianism, in democracies social organizations that are hierarchically constructed bow to the egalitarian meta-logic that posits that in their political interactions they are bound by notions of mutual respect, independence, corporate autonomy and non-interference. That is, they practice at a meta-level what they do not at the macro or micro-levels: in their interactions with each other groups forgo the hierarchical disposition that characterizes their internal governance.
This is important because the NZDF field manual that Mr. Hager exposed and whose existence is now confirmed by the government displays an authoritarian mindset and operational perspective that transcends the necessary hierarchy of NZDF organization. The NZDF is not inherently authoritarian because it is hierarchical in nature, but because, if the spying allegations are correct in light of the manual’s language about threats requiring military countering, its leadership displays an authoritarian disposition when it comes to things it finds objectionable, including pesky reporters (I shall leave aside Mr. Trotter’s remarks about military allegiance to the Queen rather than government or citizenry, although I take his point as to where its loyalty is directed and the impact that has on its transparency and adherence to democratic norms).
In sum: Consider what the manual says with regards to subversive threats in light of the well-publicized NZDF attacks on Mr. Stephenson’s professional and personal integrity that resulted in the defamation trial recently concluded (attacks that could well fit within the “counter-intelligence operations” recommended in the manual). Add in the claims by Mr. Stephenson that a senior military officer uttered death threats against him (the subject of a police complaint in 2011 that was not actioned). Factor in the NZDF admission in the defamation trial that it tracked Mr. Stephenson’s movements along with the possibility that the NZDF did acquire and utilize Mr. Stephenson’s telephone communications records in a capacity other than to detect tactical threats to units in theater. Further include Mr. Hager’s findings in his book Other Peoples Wars, in which the NZDF was seen to disregard government instructions regarding its conduct in foreign theaters and collaborated extensively with US intelligence (both military and civilian) in places like Bamiyan in spite of its repeated denials that it was doing anything other than building schools and roads in that province.
The conclusion? In light of this sequence of events it is very possible that the NZDF has systematically operated in an unprofessional and anti-democratic fashion for at least a decade, and particularly with regard to Mr. Stephenson.
This is a serious matter because it gives the impression that the NZDF has gone rogue (assuming that the governments of the day were, in fact, unaware of the language in the field manual or of the alleged spying). Rectifying this institutional anomaly is important. How to do so is critical.
It is not enough to blame the previous government and retired NZDF commanders for the manual, then excise the offending passage while maintaining that no NZDF records of spying on Mr. Stephenson exist. Instead, the NZDF leadership during this time period needs to be held accountable for allowing anti-democratic attitudes and practices to take root within it and, if need be, action needs to be taken against those who authorized the language of the manual and/or the spying if it happened. Only that way can confidence in NZDF accountability and commitment to democratic principles be restored.
In order for any of this to happen, yet another inquiry needs to be launched. Given the debates about the GCSB and TICS Bills and ongoing concerns about Police and SIS behaviour, that says something about the state of New Zealand’s security community at the moment.
The rejection of the 2013 draft constitution by the Baimimarama regime in Fiji (a constitution drafted by a panel of international jurists and partially funded by New Zealand), has led to speculation as to whether the promised 2014 elections will be held. What has not been mentioned in press coverage of the constitutional crisis is an end-game that is neither dictatorial or democratic: elections leading to a “guarded” democracy. In this analysis I outline some reasons why the prospect of a guarded democracy in Fiji should be considered to be very real.
Bashar Assad has likened the civil war in Syria to a surgeon performing messy emergency surgery. Much blood is spilled but it is in the best interest of the patient’s survival that it do so. In this case the patient is purportedly Syria (but in actuality the Alawite regime), and the surgery is required because of the gangrenous actions of foreign-backed “terrorists” and extremists.
That comment brought back some unhappy memories. On March 24, 1976 the military dictatorship known as the “Proceso de Reorganizacion Nacional” (Process of National Reorganization) was installed in Argentina. Over the next seven years it killed over 30,000 people and tortured, imprisoned and exiled at least that many more. It refined the concept of “disappearing” people without a trace (although it was later revealed that many of the disappeared were sedated and dumped from aircraft over the South Atlantic). It was a very bad moment in Argentine history, and the psychological and social scars of that sorry time are still evident to this day.
Assad’s surgical analogy struck an unpleasant chord with me because that is exactly the language used by the “Proceso” to justify its actions. In one of its first proclamations the Junta spoke of the need to rid Argentina of the “malignancies” of subversion, economic instability, social disorder and moral decay, and that in order to do so it would have to “extirpate without anesthesia” the cancers afflicting the Argentine body politic (on this see “Acta fijando el proposito y los objectivos basicos para el Proceso de Reorganizacion Nacional,” Republica Argentina, Boletin Oficial, 29 March 1976 and Republica Argentina, Documentos basicos y bases politicas de las fuerzas armadas para el Proceso de Reorganizacion Nacional. Buenos Aires: Junta Militar de la Nacion, 1980). It seems that when it comes to “organic” parallels between the state and society, Arab and Argentine dictators think alike.
It might behoove Mr. Assad to remember the fate of his Argentine counterparts. Their regime collapsed under the double-barreled weight of popular unrest and foreign conflict (the Falklands/Malvinas War, which was staged by the Junta as a diversion from its internal problems). The generals who commanded that regime were all eventually tried and convicted of crimes against humanity and sentenced to lengthy prison terms, where several have died. Argentine justice certainly was not swift or completely fair, but in the end the self-professed “surgeons” were found guilty of homicidal malpractice rather than lauded as the triage medics of the country.
Assad has that double-barreled weight now resting upon his regime. His conflict is internal rather than external, but the involvement of external actors is substantial and not limited to UN proclamations, jihadist infiltration or covert military assistance to the Syrian Free Army. He is therefore well on the path to following his Argentine counterparts down the road to collapse and overthrow, and it is now more a question of whether he will die in a prison cell or on the street rather than if he will fall. After all, once the dictator starts talking about emergency surgery on the body politic, it may be the case that he is the worst tumor of them all.