Posts Tagged ‘Foreign policy/affairs’

Perhaps not yet a Cuba Libre, but an opening nevertheless.

datePosted on 14:55, December 19th, 2014 by Pablo

In a previous life one of the US government roles I played was as co-team leader of the OSD/JCS Cuba Task Force. That was a combined team of officials and officers from the US Office of the Secretary of Defense (OSD) and Joint Chiefs of Staff (JCS) tasked with exploring contingency scenarios for Cuba, including refugee flows (then ongoing) as well as possible civil unrest and regime transition scenarios in the wake of the withdrawal of Soviet aid to the island nation and the increasingly geriatric nature of its original leadership. My co-team leader was a Cuban American political appointee, with the idea being that my academic experience studying authoritarian regime transitions and knowledge of the Cuban approach to irregular conflict would be balanced by his sensitivity to the domestic political implications of  any moves we proposed to undertake.

Although I cannot reveal much of what we did, I can say a few things about the process that has now led to a normalisation of diplomatic relations between the US and Cuba.

First, almost everyone in the US government realised that the embargo was a failure. However, the Cuban lobby is on a par with the gun and Israel lobbies when it comes to single issue fixation and willingness to spend money for the cause. This made Cuba a thorny political problem for any US government trying to improve relations with it, as the usual suspects would (and still do) immediately hurl the “soft on communism” and “appeasing dictators” invective as part of their negative electoral campaigning. This placed the issue in the “too hard” basket as far as most politicians were concerned, especially given the myriad of other issues at play and the trade-offs they involved. As a foreign diplomat said in my presence when asked about the US approach to Cuba: “That is a domestic matter, not a diplomatic one.”

Secondly, from the 1980s to the present day, every former Chairman of the Joint Chiefs of Staff and the US Chamber of Commerce have repeatedly called for an end to the embargo and resumption of full diplomatic relations. One would have thought that the weight of conservative military leaders and the leading business organisation in the US would hold some sway, but in fact their views were trumped by the lobbying efforts described above. Episodic attempts have been made to launch US business initiatives in Cuba (for example, in agricultural machinery), but the legal and monetary costs of circumventing the embargo by using off-shore subsidiaries, etc. simply proved too much given the limited nature of the potential returns.

Third, as of the early 1990s the Castro brothers increasingly delegated authority to second generation leaders, who now have been replaced in large measure by third generation revolutionary cadres (people in their 40s and 50s). In fact, both the Cuban exile community as well as the revolutionary leadership have seen the physical decline of the so-called “dinosaurios” (dinosaurs) and their replacement with younger, often more moderate leaders who were not present during the revolution and who therefore do not all have personal scores to settle stemming from it. My co-team leader was second generation and not fuelled by the rabid thirst for revenge exhibited by many of his parent’s generation (some of whom I got the dubious pleasure of meeting). Now that second generation’s children are coming to the fore. This has opened the door for initiatives focused on normalising relations.

But the issue remains complex. The end of the Cold War and fall of the USSR actually reinforced the view in some US policy circles that an embargo could, given the withdrawal of Soviet aid to Cuba, bring the Castro regime to its knees.  On the other hand, the increase in non-US foreign investment in Cuba after the Cold War (mostly but not exclusively in tourism) was seen by some in the US as making the embargo counter-productive when it came to promoting US business interests in its near abroad. Overlying these views was a persistent belief that Cuba continued to logistically and intellectually support Marxist-Leninist guerrilla groups in Latin America (including those that drug trafficked) as well as rogue regimes such as North Korea, Libya, Syria and Iran (to say nothing of Nicaragua and Venezuela). As a result, foreign policy opinion in the US after the Cold War remained very divided on the question of what to do with Cuba given the embargo and rudimentary diplomatic relations.

Yet given the demographic changes mentioned earlier, the question about Cuba the last twenty years has mostly been one of political timing: when is the opportune moment to make the move towards restoring normality to the bilateral relationship? Conventional wisdom on US presidential politics states that only during second terms can presidents get away with bold foreign policy initiatives, and even then they have to be popular and presiding over a strong economy in order to do so (since voters tend to ignore foreign policy issues when their pockets and bellies are full). However, owing to the perverse ideological evolution of the Republican Party, only Democrats would even contemplate doing so after 1990, which meant that it was left to Clinton or Obama to be bold (recall that Nixon opened the relationship with China and Reagan encouraged glasnost and perestroika, even if both Republican presidents did so for self-interested reasons).

I have little doubt that Clinton would have normalised relations with Cuba in his second term if he had not been hamstrung by the Lewinsky scandal, which helped turn the Elian Gonzalez saga into a Republican battle cry (Elian Gonzalez was a little Cuban boy who washed up on US shores in a raft in which his mother died. After weeks of to- and fro-ing between the US government and exiled members of the boy’s family, he was forcibly repatriated to Cuba to live with his divorced father. Sensing that Clinton was wounded by the Starr investigation into Cigargate, the GOP turned the boy’s ordeal into an anti-communist political circus, which effectively ended the quiet efforts Clinton’s administration had initiated with an eye towards opening up the Cuban relationship).

Now it appears that Obama has seized the moment to undertake a little glasnost of his own, perhaps because he senses that he has little to lose given the disloyal nature of the opposition (which will rant and rail at anything he does), perhaps because the US economy is doing well enough for him to feel immune on some aspects of foreign policy even after the adverse results of the midterm elections, and perhaps because, like gay marriage and medical marijuana, the US public has simply changed its views on Cuba over the years.  In fact, it is likely a little bit of each, as the GOP and Fake News blowhards may not want to waste political capital on a dead issue that will gain the GOP no electoral traction. As it turns out, with the exception of some posturing clowns like Marco Rubio and the braying jackasses on conservative media outlets, the reaction from the political Right has been fairly muted.

It will be interesting to see what happens in the next few years. Back when I was dealing with Cuba, the word from their side was that everything was negotiable except for two pillars of the revolution: health and education. That is to say, the vaunted Cuban health and educational systems were sacrosanct and could not be touched in any post-Castro environment. Beyond that, market forces could dictate how Cuba would re-insert itself in the global economy. With an extremely literate, healthy and underemployed work force, it would seem that Cuba would be ideal for any number of value-added export commodity production ventures (textiles and pharmaceuticals have already become targets of foreign investor interest).

The other issue, left unresolved during my time working that beat, was the role of the Communist Party. It is clear that the Cuban political elite have been watching the transitions in the former socialist world, be it the USSR, China, Vietnam or Eastern Europe. They have also watched the experiments in indigenous socialism in Venezuela, Ecuador and Bolivia. It is pretty clear that they would prefer to do a China-style transition to state capitalism under one party rule.

The trouble with that preferred picture is that it is only a partial transition, with the political regime remaining largely the same while the economy changes. That may be possible in a huge country like China but is problematic in a small country like Cuba, especially when it is so proximate to a formerly adversarial super power and has a number of expatriates with ideas about Cuba’s future that do not include a dominant role for the Communist Party, much less its continued sole rule.

Thus the conundrum for the second and third generation Cuban Communist Party leadership is whether to embark on a sequential transition (first changing the economy then the political system, or, less likely, vice versa), or  to go all in and mount a simultaneous transition of the economic and political systems. From the standpoint of keeping things peaceful and orderly, the best hope scenario is a sequential transition in which economic change precedes political change. Opening Cuba for business will present a formidable challenge for the Communist Patry, and the social and cultural influences that will come with diplomatic normalisation and economic opening will be hard to contain, much less stop. So whether by design or by the forced pace of change, it is likely that the Cuban political system will open up as a result of the economic transition and its superstructural ramifications.

The key is for the Cuban political elite to realise that the Chinese transition model is not possible for them given the circumstances, and that the days of one party rule will either come to a natural end or be overturned by force. In that light the best thing to do is to prepare a timetable leading up to multiparty competitive elections somewhere down the road, with appropriate guarantees put in place to preserve key revolutionary gains and to safeguard the institutional position of entities like the Revolutionary Armed Forces (FAR).  That will take some doing, and could well take a fair bit of time given the current makeup of the Communist Party leadership (in which Fidelistas still hold significant influence along with Raulistas).

The question remains as to what will happen with the two pillars of the revolution in a market-driven economy. It also remains to be seen as to how Cuban society will respond to the introduction of full market logics on the island. Things like the elimination of food subsidies and introduction of merit-based employment criteria in and outside the public serve could prove painful for Cuban society. It could also lead to  criminal opportunism in what some observers have already characterized as an increasingly amoral and feral civil society no longer wedded to the revolutionary ethos of the original 26th of July movement. If one thinks of where Cuba is spatially located in relation to drug trafficking corridors, the downside possibilities should be obvious.

Even so, the resumption of full diplomatic relations is a welcome development and hopefully followed by a formal end to the US embargo (not a certain thing, given opposition by GOP majorities in both the Senate and the House of Representatives). There still will be many hard days ahead as Cuba comes to grip with its post-revolutionary future, but at least the range of potential outcomes will be expanded relative to those extant up until a few days ago. As for the US, it demonstrates that sometimes diplomatic face-saving on foreign policy is a waste of energy and the better self-interested choice is to admit mistakes and move on. As the old Korean saying goes: a rich uncle can afford to be generous.

Whatever its motivations, Uncle Sam just was.

 

Getting real about the NZDF mission in Iraq.

datePosted on 14:25, November 13th, 2014 by Pablo

When John Key insists that any New Zealand military contribution to the anti-Islamic State coalition will be “behind the wire” in non-combat training roles, he is following a script written by the senior partners in that coalition–the US, UK, Australia, Canada and Germany. The governments of all of these liberal democracies have sworn off ground combat troops while simultaneously sending air power and significant numbers of ground-based military “advisors” to attack the Islamic State forces directly from the air and help train the Iraqi Army to fight rather than run from the Islamicists on the ground. The US already has a brigade’s (3000 troops) worth of advisors in Iraq and has asked Australia to up its contribution from the 200 Special Forces already deployed there.  The UK, Canada, Germany, France and other European states are contributing special operators as well, but always in a ”training” rather than combat role.

There are reasons to believe that the definition of the mission as “non-combat” is specious at best and a deliberate misrepresentation at worst. Here is why.

Consider this: The Prime Minister has said that he might send the SAS to help guard the bases in which conventional NZDF advisors will help train the Iraqi Army. That is akin to using a Lamborghini  to haul rubbish to the local tip.

SAS personnel are highly skilled, extremely well trained and acutely specialised in operating in hostile theatres and behind enemy lines. They are a precious military resource that takes a long time to develop into hardened professional soldiers. It costs much more to produce an SAS trooper than it does the average infantry soldier, airman or naval rating. Standing them on guard duty squanders their talents, especially when conventional NZDF personnel are quite capable of standing sentry duty while deployed (as they did in Afghanistan during the decade-long deployment to the Provincial Reconstruction Team located in Bamiyan Province).

The last time the SAS was in a publicly acknowledge training role they were serving as mentors to the Afghan Crisis Response Unit, the elite counter-terrorism squad in that country. In their capacity as “mentors” the SAS wound up leading the CRU into several battles and lost two troopers as a result. Even in the face of those deaths the National government insisted that the SAS was not engaged in combat, so perhaps it has a different understanding of kinetic environments than do most people–most importantly those who have felt the impact of hot lead during “non combat” operations.

Military deployments of any sort require time and preparation, a process that takes months. Even rapid response units like the SAS need time to get ready to deploy, and to do so they need to pre-position assets on the way and in the theater to which they are going. Yet given the circumstances, the fight against the Islamic State is an immediate concern, one that the US and other coalition partners say needs a response in a few weeks, not months.

It is not credible to assert that sending a few military planners over to Iraq twelve days ago will allow them to assess within a few weeks what the NZDF contribution should be—unless that has already been decided and it is the logistics of the deployment that are being worked out. Yet the Prime Minister says that he will wait until their return to decide what the NZDF role will be. That seems to be stretching the truth.

Beyond the possibility that Mr. Key is unaware of the role of different military units and the preparations required to deploy them abroad, the fiction of a non-combat ground role for all coalition partners is made evident by where they are going. Two thirds of Iraq and all of Syria are active conflict zones. This includes most of the North and Western provinces of Iraq well as the outskirts of Baghdad. The Islamic State continues to mount offensive operations throughout the North and West of Iraq, and controls Mosul, Kirkuk (including its oil fields) and Ramadi (the capital of Anbar Province).  Islamic State forces are laying siege to Fallujah, the scene of the most intense battle between US forces and Sunni militias during the Iraq occupation.  Although they have been slowed by coalition air strikes and suffered a few tactical defeats, the larger picture is that at present the Islamic State has momentum and is nowhere close to retreat in the areas that it controls.

That means that any coalition ground forces sent to train the Iraqi military will be based in active conflict zones and become primary targets wherever they are located. Knowing this, coalition military commanders operate with the expectation of being attacked. Coalition personnel are and will be armed at all times and confined to base or will have their freedom of movement greatly restricted while in theatre. They will travel in armed convoys or by air when moving between locations. Leave will be minimal.

These are the operational rules governing troop deployments in active war zones.

The only way to ease the combat conditions in which New Zealand troops will operate is to prepare and launch counter-offensives against the Islamic State that forces it to retreat from territory it now occupies or has infiltrated. That is a big task and not a short-term affair. Since the Iraqi Army has shown appalling lack of discipline and courage in the face of the Islamic State offensive, it is wishful to think that sending in a few thousand advisors and giving it a few weeks training is going to turn the tide. Instead, the up skilling of the Iraqi Army will be a protracted effort and will require coalition military leadership under fire. Even that does not guarantee that Iraqi troops will be willing to fight.

The reason that the Western liberal democracies are holding to the fiction of non-combat roles is that their respective electorates are weary of war and generally opposed to more of it. This is, after all, a fight amongst Sunni Arabs first and foremost, and then Sunni versus Shiia in the second instance. Although the weakness of Assad’s Alawite regime in Syria gave them their strategic opportunity, the Islamic State’s primary targets are the pro-Western Sunni Arab oligarchies. Its second target is Persian Iran and its Shiia co-religionists and proxies in the Arab world (including the Assad regime). The West (and Israel) are convenient foils for its ambitions, as the Western media plays up the atrocities perpetrated against Europeans and North Americans and the involvement of Western extremists in committing them. This allows the Islamic State to draw the West into the fight, thereby making the conflict more inter-religious and civilisational than it really is.

Although primordial in nature and capable of spawning small cell and lone-wolf attacks in the West, the Islamic State is a regional rather than global threat. It cannot project sustained force and control territory outside of Sunni-inhabited terrain in Syria and Iraq, and will have trouble defeating established professional militaries such as those of Egypt, Jordan or Turkey should it try to push further afield. It has not been able to make significant advances in Shiia and Kurdish-controlled territory. Yet media coverage and the rush of Western governments to emphasize the threat of Islamic State-inspired home grown jihadis and returning foreign fighters have exaggerated its impact.

Even so, New Zealand has principled and pragmatic reasons to get involved in the anti-Islamic State fight. The anti-Islamic State coalition includes all of New Zealand’s Middle Eastern trade partners as well as its closest security and diplomatic allies. The responsibility to protect vulnerable populations such as the Iraqi Hazaris is a matter of international principle. New Zealand will soon sit on the UN Security Council. In light of these realities it can do nothing other than join the conflict even if it is not directly threatened by the Islamic State.

Now that New Zealand has committed to participate in the military coalition against the Islamic State, it is best for the government to be forthright about the true nature of the mission and the real threats involved. Anything less is an insult to both the intelligence of the pubic as well as the valor of those in uniform who are about to join the fight on its behalf.

Temporary, discriminatory and an admission of failure

datePosted on 12:16, October 30th, 2014 by Pablo

The PM says that the legislation his government proposes to pass under urgency allowing for the confiscation of passports of NZ citizens in order to combat the threat of returning foreign fighters will be “tightly focused” on those traveling to the Middle East in order to join jihadist groups. That phrase “tightly focused” is code for “Muslim Internationalists” as opposed to, say, Christian or non-religious fighters joining in foreign conflicts in the Middle East or elsewhere.  So if Kiwis of Croatian descent were to return to their homeland to fight Serbs they would be free to do so and then return without risk of having their passports confiscated. The same goes for Christian Nigerians who wish to return home to fight Boko Haram as members of community self-defence organisations.  And of course Jewish Kiwis already do so by traveling to join the Israeli Defense Forces.

To say the least, this law is by its nature discriminatory and temporary unless the government proposes to make it illegal for anyone to go and fight for any cause anywhere. And that clearly is not what it has in mind.

More tellingly, passing such “tightly focused” legislation under urgency is an admission of failure.

On the one hand, it tacitly is telling us that criminal law, including all of the anti-terrorist legislation passed in the last ten years, is inadequate to deal with this particular type of suspected criminal enterprise (or better said, intended criminal enterprise). On the other hand it implicitly recognises that the combined resources of the GCSB, SIS, Immigration, Customs, NZDF, Police and other security agencies, as well as those of NZ’s main security partners, are unable to monitor the activities of the dozen or so Kiwis who may have jihadist pretensions, this despite the fact that New Zealand is an isolated and relatively small archipelago with no land borders and limited access or egress by air or sea, with a very small Muslim community from which potential jihadists are drawn.

Reading between the lines of the PM’s statement, it seems that the extension of antiterrorism laws, powers of search, surveillance, seizure and domestic intelligence collection over the last decade, much less the existence of a vast array of criminal law statutes as currently exit on the books, have had no impact on the ability of the NZ security community to detect, deter and/or monitor a small group of  young men interested in fighting abroad. Hence the need for more “tightly focused” laws that if nothing else violate the presumption of innocence and freedom of movement that presumably are basic rights in liberal democracies.

That makes me wonder two things: what good do the expanded security powers awarded the state during the last decade serve if they cannot fulfil the basic functions of detection, deterrence and monitoring? And what does that say about the competence of the agencies whose powers have been expanded given New Zealand’s geopolitical location?

The answers are simple: none and a lot.

Media Link: The revolution will not be televised.

datePosted on 15:01, October 23rd, 2014 by Pablo

I had the opportunity to do a long interview with Olivier Jutel, host of the Dunedin Radio One show “The revolution will not be televised.” It is a rare occasion when one gets to converse at length about a variety of subjects on radio or television, so this was a nice opportunity to air my views on a number of issues, to include the conflict with the Islamic state, New Zealand’s potential role in it, fear mongering as a political strategy, the impact of social media on political behaviour, etc.

The podcast can be found here.

Lying, clueless or incompetent.

datePosted on 15:45, October 15th, 2014 by Pablo

A meeting of the unformed military leaders of 22 countries involved in the anti-Islamic State coalition gathered today at Andrews Airforce Base outside of Washington DC. The participants included the 5 Eyes partners, Denmark, Germany, France, Italy and Spain, seven Arab states, other NATO countries and Turkey. New Zealand was represented by the Chief of the Defense Forces Lt. General Timothy Keating.

John Key says that this is just a regular annual meeting of military heads. I think not.

First, regular annual meetings of uniformed defense leaders are highly symbolic affairs with much protocol, pomp and circumstance. When hosted by the US they are held at the Pentagon, which has a ceremonial entrance (the East steps) and E-Ring conference rooms for such events (the E Ring is the outer ring of the Pentagon where the Secretary, Joint Chiefs and military service leaders have their offices). The meetings are generally regional in nature as befits the concerns of the chiefs involved. I know this because I was involved in organising such meetings for Latin American defense chiefs in the early 1990s and know that the protocols are the same today.

Working meetings of US-allied military leaders are subject specific and sometimes inter-regional in nature. They are held on military bases with minimal ceremony. They generally address the specifics of carrying out assigned roles and missions within a policy framework established by the political leadership of the countries in question. They usually do not include Defense Ministers, presidents or prime ministers because they are about implementation not authorisation.

The meeting at  Andrews Air Force Base has four interesting features:

1) President Obama addressed the coalition military chiefs. That is highly unusual because it means he is expending political capital and his reputation on the event. He cannot walk away empty-handed because he will suffer a loss of face and credibility and home and abroad, so something substantive has to come out of the meeting;

2) That mainly involves Turkey. Turkey has not committed to the fight against IS until it has two demands met: the removal of the Assad regime by the coalition and acceptance of Turkish attacks on Kurdish (PKK) forces on the Syrian-Turkish border (in a two birds with one stone approach). The other coalition partners do not want to accept these demands, at least until IS is defeated, so the stage is set for some serious wrangling over Turkish involvement in the coalition. Without Turkey fully on-board, it is quite possible that the coalition will unravel and a reduced number of countries will have to go it alone without close regional support (which could be a disaster);

3) The presence of Bahrain, Egypt, Jordan, Kuwait, Qatar, Saudi Arabia and the UAE is important. The meeting may signal the first time that they agree to commit military forces and fight together in the Middle East against a common enemy. Their presence gives the coalition credibility in the Muslim world;

4) New Zealand is represented at the meeting, yet is the only country that publicly maintains that it has not yet decided to contribute  troops.

This is where the PM’s remarks are odd.

If New Zealand was still negotiating its participation it would have sent a contingent led by a senior diplomat, not a military officer. The negotiations over participation would not take place at Andrews Air Force Base or the Pentagon but at the State Department or White House.

The Islamic State is not  only about to gain control of the Syrian Kurdish border town of Kobali, but have advanced on the outskirts of Baghdad. It controls Mosul, Kirkuk and Ramadi. It is a clear and present danger to the territorial integrity of Iraq. To avoid the partition of Iraq action against it must be taken immediately. Yet Prime Minister Key says that he would like to defer a decision until sometime before the APEC meetings next month. That simply is too late to wait to make a decision given the circumstances.

It turns out that Mr. Key did not know that President Obama attended and addressed the meeting. He says that General Keating will report back on what was discussed, which Mr. Key says will cover a wide range of topics. But the Pentagon has stated that the meeting is solely focused on hashing out a military strategy with which to defeat the Islamic State.

It beggars belief that Mr. Key did not know that Obama was going to be at the meeting, or that he thinks it is one of the regular shmooze fests that pass as senior leadership meetings. So one of three things is possible:

Either he knows full well what the meeting is about and is deliberately lying to the NZ public about NZ’s role in the coalition; he is clueless about the nature of the meeting but does not care; or he is simply incompetent and unsuited to be Minister of National Security.

Take your pick.

 

Some years ago I ran afoul of the 5th Labour government because I speculated in public that some of our diplomatic personnel and embassies might double up as intelligence collectors. This was in reference to the Zaoui case and the role played by then SIS Director Richard Woods, who had been ambassador to France and Algeria at the time Zaoui went into exile in France from Algeria. Woods claimed that he had never heard of Zaoui until the latter arrived seeking refuge in New Zealand, and that he had never been to Algeria during his entire time as ambassador to that country. I found that a bit hard to believe on both counts and wondered aloud if, to maximise efficiencies given small budgets and manpower, Woods and others worked a bit beyond their official credentials.

The fact that embassies serve as intelligence collection points is not surprising or controversial. After all, it is not all about diplomatic receptions and garden parties. Nor should it have been entirely surprising that the possibility existed that some NZ diplomats held “official cover” as intelligence agents. That is, they were credentialed to a specific diplomatic post, held diplomatic passports and immunity based on those credentials, but were tasked to do more than what their credentials specified (for example, a trade or diplomatic attache working as a liaison with dissident or opposition groups or serving as a handler for a foreign official leaking official secrets). Rather than scandalous, this is a common albeit unmentioned aspect of human intelligence gathering and my assumption was and is that NZ is no different in that regard.

Prime Minister Helen Clark erupted with fury at my comments, saying that I was unworthy of my (then) academic job. I received a scathing letter from the then State Services Commissioner saying that I put New Zealand diplomats in danger. Most interestingly, I received a phone call at home from someone who claimed to be with the then External Assessments Bureau (now National Assessments Bureau) repeating the claim that I was putting lives in danger and suggesting that I should desist from further speculation along those lines (although he never refuted my speculation when I asked him if I was wrong).

Given that background, it was not surprising but a wee bit heartening to read that the Snowden leaks show that NZ embassies are used by the Five Eyes network as tactical signals intelligence collection points. That is, the embassies contain dedicated GCSB units that engage in signals gathering using focused means. This is different and more localised targeting than the type of signals collection done by 5 eyes stations such as Waihopai.

There is much more to come, but for a good brief and link to the original article on this particular subject, have a wander over to No Right Turn.

Blog Link: Could Fiji Emulate Singapore?

datePosted on 16:20, September 26th, 2014 by Pablo

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.

Double Trouble.

datePosted on 13:03, September 15th, 2014 by Pablo

Glenn Greenwald’s arrival in NZ has reignited controversy over who, exactly, the GCSB spies on, how it does so, and for whom it does so. Tonight he will outline what he has gleaned from the Snowden leaks, and I have no doubts that what is revealed will be of serious consequence. The impact will be twofold.

So far, most attention has focused on the domestic side of the equation, in the form of claims that the GCSB, in concert with its 5 Eyes partners, conducts mass surveillance of New Zealand citizens and residents. The way it does so is to tap into the broadband infrastructure in order to extract so-called “metadata,” that is, the key identifiers of cyber messages such as time, sender, internet addresses and geographic locations of those communicating, etc. This information is stored and later subject to data mining from technologies like X Keyscore, which searches for keywords and phrases that can justify opening the metadata in order to reveal the contents of the messages identified by the data-mining technologies.

In simple terms, it is like going to people’s postboxes and recording all of the identifying features of their mail without opening the mail itself unless key identifiers allow the government to do so.

The government maintains that a) it does not collect metadata on New Zealanders and NZ permanent residents; and b) that collecting metadata is not equivalent to mass surveillance in any event since the contents of the messages from which metadata is extracted are not accessed unless there are reasons of national security to do so, and this occurs only in a handful of instances.

The reality is that because of a gentleman’s agreement between the 5 Eyes partners, metadata of the citizens of one partner state is accessed and collected by one or more of the other partners and only sent to the originating state if data-mining indicates that there is reason to open the contents of specific metadata “packages” concerning citizens or residents of that state. In this way the originating state government can claim that it is not engaged in mass surveillance of its own citizens or residents.

That may be parsing the meaning of “mass surveillance” beyond useful construction, but it does allow the government to deny that it conducts such mass surveillance on technical grounds–i.e., metadata is not the same as a private communication because it has no content.

The problem with such specious reasoning is that it violates two foundational tenets of liberal democracy: the right to privacy and the presumption of innocence. If it is considered an untoward invasion of privacy for the government or others to systematically rifle through and record the identifying features of correspondence in people’s mail boxes, then it is equally a violation of  citizen’s rights to privacy for the government to electronically collect and store their cyber metadata.

Moreover, the mass collection and sharing of metadata by 5 Eyes intelligence agencies violates the presumption of innocence that citizens of democracies are supposedly entitled to. That is because the metadata is collected without cause. The government does not have a specific reason, suspicion or motive for collecting metadata, it just does so because it can under the aegis of “national security.” It then subjects this metadata to data-mining in order to find cause to conduct more intrusive searches of the contents.  It is, in effect, trawling through everyone’s cyber communications in order identify and presumably counter the nefarious behaviour or plans of some individuals, groups or agencies.

This strikes at the heart of democracy. Yet the remedy is fairly simple. Under legal challenge the government can be forced to show cause for the collection of metadata of its citizens and residents. If it cannot, then the courts can deem such collection to be illegal in all but the most exceptional circumstances. With that judgement–and I very much doubt that any High Court would find it reasonable or permissible to engage in mass metadata collection without cause–intelligence agencies are put on notice and henceforth proceed with metadata collection and sharing at their peril.

In contrast to the attention directed at the issue of mass surveillance, there is a far more damaging side to Greenwald’s revelations. That is the issue of the GCSB and 5 Eyes espionage on other countries and international agencies such as the UN or non-governmental organisations as well as foreign corporations, financial institutions, regulatory bodies and the like. Such external espionage is part of traditional inter-state intelligence gathering, which includes economic, military and political-diplomatic information about targeted entities.

Judging from what has already been revealed by the Snowden leaks with regard to the external espionage activities of the other 5 Eyes partners, it is very likely that Greenwald will reveal that NZ, through the GCSB in concert with 5 Eyes, spies on friendly or allied states as well as hostile state and non-state actors such as North Korea and al-Qaeda. This may include trade or diplomatic partners. It could well include economic or commercial espionage.

The impact of such revelations will outweigh the repercussions of the domestic surveillance aspects of the Snowden leaks. With the nature and extent of NZ’s espionage made public, its reputation as an independent and autonomous “honest  broker” in international affairs will be shattered. Its pursuit of a UN Security Council seat could well go up in smoke. But above all, the response of the states that have been and are targeted by the GCSB will be negative and perhaps injurious to NZ’s national interests. The response can come in a variety of ways, and can be very damaging. It can be economic, diplomatic or military in nature. It could involve targeting of Kiwis living in in the states being spied on, or it could involve bans or boycotts of NZ exports. The range of retaliatory measures is broad.

Unlike the other 5 Eyes partners, NZ has no strategic leverage on the states that it spies on. It is not big, powerful or endowed with strategic export commodities that are essential for other countries’ growth. Yet it is utterly trade dependent. Because of that, it is far more vulnerable to retaliation than its larger counterparts, especially if it turns out that NZ spies on its trade partners.  Imagine what will happen if it is revealed that NZ and the other 5 Eyes partners spy on TPPA  members in order to secure advantage and coordinate their negotiating strategies (keeping in mind that Australia, Canada and the US are all TPPA parties). What if if NZ spies on China, its biggest trade partner, at the behest of the US, with whom China has an increasingly tense strategic rivalry? What if it spies on Japan, Malaysia, Chile, Iran, India, Russia or the UAE? What if it spies on the Pacific Islands Forum and other regional organisations? What if it spies on Huawei or some other foreign corporations? Again, the possible range of retaliatory options is only surpassed by the probability that they will be applied once NZ’s espionage activities are made public.

In light of this it behooves the government to make contingency plans for the inevitable fallout/backlash that is coming our way. I say “our” rather than “their” because the response of the aggrieved parties will likely have, be it directly or as a trickle-down effect, a negative impact on most all Kiwis rather than just this government.  But so far the government has indicated that it has no contingency plans in place and in fact has adopted a wait and see approach to what Greenwald will reveal.

If so, it will be too late to mitigate the negative external impact of his revelations. And if so, that is a sign of gross incompetence or negligence on the part of the PM and his cabinet because they have known for a long time what Snowden took with him regarding NZ (since the NSA shared the results of its forensic audit of the purloined NSA material once Snowden disappeared). It therefore had plenty of time to develop a plan of action whether or not Greenwald showed up to be part of Kim Dotcom’s “Moment of Truth” event.

All of which means that, if Greenwald delivers on his promises, New Zealand is in for a very rough ride over the next few months. That, much more so than Dotcom’s quest for revenge against John Key, is why tonight’s event could well be a signal moment in NZ history.

Military rule erodes military professionalism.

datePosted on 12:03, September 7th, 2014 by Pablo

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.

Collective punishment can work both ways.

datePosted on 13:26, August 10th, 2014 by Pablo

Using an “eye for a tooth” approach, the Israeli military has yet again adopted a strategy of collective punishment in its war against Hamas. The result, predictably, has been carnage and slaughter of innocents on a grand scale.

I am not going to debate who is right and who is wrong in this ongoing struggle. I have previously written about it and have found that the response is simply too emotion-driven for a rational discussion to hold. I will just say that I agree with those that say that Israel has forever lost whatever moral high ground it once had and is now no better than the enemies it fights. In fact, one can only despair for Israeli democracy as it descends into the type of reactionary intolerance that Hamas is notorious for. So I ask readers to please refrain from commentary about Israel.

Instead, here I wish to propose that collective punishment can be a two-way street, and that the global community can find ways to use it against Israel when the latter persists in disproportionately and asymmetrically meting out collective violence on the people of Gaza.

One way to respond is to collectively sanction all israelis for the actions of the political leadership and IDF. There are plenty of ways to do so: boycott Israeli goods; reduce diplomatic contacts with Israel, to include downsizing embassy and consular staffs; cancel contracts with Israeli businesses (to include rescinding investment contracts involving Israeli firms and export licenses for domestic companies trading with Israel, especially in the arms trade); refuse landing rights to Israeli flagged air carriers; deny all types of visa to Israeli nationals, to include tourist and student visas (John Minto has already suggested pulling the work-study visa scheme that allows young Israelis to do so in NZ); refuse Israeli participation in international sporting events; cancel touring Israeli art exhibitions, theatrical productions and musical events–the possibilities are many. The inevitable litigation that will ensue is an avoidable cost levied on Israelis as a result of their government’s policies regarding Gaza. As for the Israelis who carry multiple passports because of their lineage and the prohibitions against Israeli passports in Muslim states–visa checks, airline logs and residency checks can confirm who they are. It may cost to do so, but it  will cost the individuals involved much more.

Sanctions regimes already exist, but these are usually against government elites and their supporters (think of the current sanctions regime against Russian officials and elite entities and those (now lifted) enacted by Australia and New Zealand against the Baimimarama military dictatorship in Fiji). What is proposed here is different: complete sanction against all nationals of a targeted state.

This may seem unfair to the average Israeli who has nothing to do with the Netanyahu government or IDF atrocities. But that is the point: collective punishment of a majority for the actions of a minority is patently unfair. In this instance the collective punishment against Israelis may be unfair to them but is relatively benign when compared to what Israel does to Palestinian civilians in Gaza.  Forcing them to swallow a softer taste of their own medicine might give them pause to rethink their support for the “eye for a tooth” strategy.

More importantly, much like Israeli spokespeople who argue that the people of Gaza are getting what they deserve for electing Hamas into government, so too it can be argued that collectively punishing Israelis is justified in light of their election of the Netanyahu-led Likud government amid rising support for Israeli right-wing religious parties. After all, if we are to blame the electorate in one instance we might as well do it in another, although in the case of the Israelis the blame does not entail being subject to military force.

I realise that nothing will be done along the lines I propose. But I feel the need to put it out there because there seems very little else that anyone can do to make the Israelis desist from collectively punishing innocent Gazians.  In fact, the concept of non-lethal collective punishment or sanction could be used in other instances, say for example against Russians in response to their ongoing intervention in Ukraine. But that depends on some degree of international agreement on the necessity of pursing such a course of action and an equal degree of commitment to enforcing it over an agreed period of time or until certain corrective measures are undertaken by the targeted state.

That simply will not happen in the current context. Heck, if New Zealand sees venal material opportunity arising from Russian counter-sanctions against the EU and US, then it is clear that there is not enough moral and ethical consensus to effectively implement a collective sanctions regime against citizens of a targeted state.

But it might be worth a try, if even in a piecemeal fashion or as a symbolic statement of repudiation of those who believe that lethal collective punishment is a just means of conflict resolution. If nothing else, raising the possibility of non-lethal collective sanction might force citizens of states like Israel to re-think their individual stake in pursuing the collective punishment of others as a matter of state policy.

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