Posts Tagged ‘John Key’
I do not understand what the fuss is all about when it comes to John Key and the revelations in the so-called “Panama Papers.” So what if he and other Kiwi high rollers shield their incomes and assets from the IRD in assorted trusts, funds, investments and even shell companies? Isn’t it an axiom of capitalism that, as Donald Trump has openly stated, you try to avoid as much tax payment as possible? Forget all this nonsense about “paying one’s fair share of taxes.” Only rubes and idealists do that. Everyone else tries to minimise their tax exposure and the rich pricks just do so on a grander and more elaborate scale.
I say this because the entire NZ economy is riddled with tax avoidance. One of the things that struck me after I moved to NZ is the amount of cash transactions that are done with the explicit intention of avoiding tax. Almost every single tradesperson I have dealt with in the course of my time here has proposed a cash transaction that avoids GST, but more importantly, avoids traceable electronic or paper (cheque) financial transfers. And the offers of non-GST cash transactions are done without shame or concern; it is just part of doing business for many people and everyone knows it and acts accordingly based on their own circumstances.
If what I have seen in the small business trade and service sector is any indication, then it is reasonable to expect that such attitudes percolate upwards into larger corporate structures and repositories of wealth. Since these are too big to hide in a cash-only parallel market, the next best thing is to engage in tax evasion and income-hiding schemes whose complexity is based upon the ability of the tax authorities to uncover them. The move to off-shore trusts and the like is simply a matter of keeping one or two steps ahead of the law and three steps ahead of enforcement mechanisms. If those in government choose to structure the financial regulatory regime in such a way that it keeps the holders of wealth five to ten steps ahead of the tax authorities then, well, you get what you vote for.
The difference between the approach of NZ high and low rollers when it comes to tax evasion is in scale, not kind.
This is one reason why I believe that the Transparency International rankings that have NZ listed among the top three least corrupt nations on earth are rubbish. Add to that the nepotism, cronyism, shoulder-tapping, sinecure swapping and insider trading of everything from personal and professional favours to board directorships to stock shares, and the picture of NZ is far less rosy and far more, let us say, “pragmatic.” I am particularly critical of the TI indexes because not only are they mostly based on reputational analysis (mostly offered by those who stand to gain from gaming the system), but because I participated in a TI survey of NZ’s intelligence and defense forces and saw my scores (and those of some others) pretty much discarded in favour of higher scores offered by insiders that led to an overall TI assessment that NZ has the highest standard of professional integrity amongst the defense and intelligence services in the Asia-Pacific.
Even so, I am one of those who are a bit idealistic when it comes to taxes. I understand the concept of public goods and therefore comprehend the rationale behind taxation. In NZ I pay tax more readily at a higher rate than I did in the US because, among other things, I am not paying to support a huge war machine that in turn serves the interests of a taxpayer subsidised military-industrial complex. As a small business owner I feel the burden of taxation more heavily and immediately than the corporate moguls that run the nation’s largest firms and whose bottom lines rest on minimising two things: their tax liabilities and their labour force wage bills. Yet I try to believe that I am contributing my small bit towards maintaining a high standard of public education, health and welfare that will lead to future generations of productive and happy citizens (although my experience with NZ academia suggests seriously diminishing returns in that sector, and I have serious doubts that overall heath, education and welfare outcomes are on the rise rather than in decline as a result of nearly a decade of National government public policies).
In spite of these misgivings, I remain a residual idealist and want to believe that my contributions, when taken collectively with those of others, matter for the present and future well-being of NZ. But I do not expect others to share the same hopelessly naive view of how the systems works, and I therefore do not begrudge them trying to dodge the taxman as much as possible. Because in a country where market-reifying ideologies reign supreme in virtually every facet of life, only a fool like me would think that paying taxes is anything but state-imposed theft levied on the productive in order to buy the acquiescence of the parasitical. I know this to be true because National, ACT and certain elements in Labour tell me so, and who am I to argue with those who dominate our economic, political and social narrative?
Prime Minister John Key did a whirlwind trip to Iraq to confer with its Prime Minister and President and visit the NZDF personnel stationed at Camp Taji, 25 kilometres north of Baghdad. The trip was supposedly secret yet he took an entourage of 40, including selected members of major NZ media outlets. He stayed overnight at Camp Taji in between duststorms, fog, and assorted other travel contretemps that lengthened the journey.
The coverage from the invited media was breathless and fawning. It was mostly about the travel delays. It was a mix of reporter’s lament and “hey I am here!”. Save the protocolar press releases, nothing, as in zero, was reported by the NZ media about John Key’s meetings with the Iraqi government, AKA the people that ostensibly have sovereign control over the land in which the NZDF operates at their formal request. That much was announced by the National government four months after NZ agreed to the military terms of its joining the anti-Daesh coalition.
What passed for reportage about the NZDF mission was basically regurgitated NZDF press releases extolling the virtues of the NZDF trainers, the difference that they made and the successes they were having in training Iraqi troops. PM Key was featured at length in audio and video clips talking about his sense of personal responsibility for the troops and his commitment to their cause.
Taking it all in, my gag reflex was forced into overdrive. If I were vulgar I would label those covering the visit as “useful fools.” If I were nasty I would simply call them “tools.”
Whatever morale boosting the visit may have occasioned amongst the NZDF troops, this was a PR exercise/photo op/sound bite exercise of the first and crassest order. Let me explain why.
“Secret” trips by Western political dignitaries to troops in conflict zones usually do not involve a pack of media figures tailing along. That is because real morale boosting is about the troops, not the dignitary’s image back home. Troops like to be appreciated by their political leaders, and that can be done without media fanfare. In fact, most troops prefer the appreciation to be given in private and not in the glare of cameras (and in fact, NZDF personnel other than Defense Chief Tim Keating were not identified in the reportage of the visit). Bringing media along turns the exercise into a circus side show that is more about the dignitary than the troops. And so it was on this occasion.
The media coverage of the trip was not of the “embedded” type. Embedded journalism, which has many problems associated with it, is the practice of placing journalists for extended periods of time in military units. This was no such instance. Instead, it was a government funded junket for a select few media types.
The coverage was boot-lickingly atrocious. Beyond the vapid commentary about dust storms, aborted plane flights and chopper rides, the description of the NZDF focused on the harsh terrain, nasty weather and the need for security. TV viewers were treated to images of Iraqis running around pointing weapons and kicking doors and were told by Iraqi officers via translators that the trainees were determined to fight for their country and fellow citizens. John Key spoke of how awful the place was and how two years was all that he was prepared to keep the NZDF there (the first rotation of NZDF troops is about to leave Taji and be replaced by a new cadre. The composition of future cadres may not necessarily resemble the first one, where 16 trainers are protected by a couple of platoons of infantry along with medical and intelligence personnel).
Although all of the coverage was vacuous, that of a print reporter from Wellington takes the cake for most ignorantly obsequious. Among other gems, she claimed more than once in her reports that the PM as well as herself where outfitted in “full body armour.” Photos of the visit suggest otherwise, since Key is seen on base in a flak jacket, shirt, pants and a baseball cap. Most of the military personnel around him were dressed in basic uniforms with no armour or helmets, save Iraqi recruits running drills and his personal protection force (30 “non-deployed” SAS soldiers, which is a bit of overkill when it comes to that sort of thing and makes one wonder from where they were sourced since 30 is a significant chunk of the unit). There is even one photo of Key walking along with some guy in a suit.
According to this particular reporter, her “full body armour” consisted of a flak jacket and a helmet. I reckon that she needs to be briefed on what being fully body armoured entails. And the guy in the suit may want to consider his status if everyone but him in the entourage were given helmets and flak jackets.
The entire gaggle of NZ media regurgitated the line that the NZDF was making a difference and the training was a success. This, after a day at the base and, judging from the tone of their reports, never talking independently with anyone on it (the NZ media were accompanied by “minders” at all times).
We are told that 2000 Iraqis have been trained and returned to the front lines and that the mission has been a success. My question is how do we know what success is in this context?’ The NZDF states that Iraqi troops are trained in six week blocks in groups of battalion size. Assuming that the figure of 2000 is correct, that means that over the 5 months of NZDF training at Taji there have been 3 light battalions of 500 troops trained and sent to the front, with a fourth group soon to graduate before the original NZDF deployment ends.
It is a pretty admirable task for 16 trainers to accomplish. With a ratio of recruits to trainers of approximately 30:1, that is a lot of contact hours for the trainers. Given that ratio, has there been any burnout amongst the trainers given the cultural differences and widely variant notions of military professionalism between them and the recruits? Have any of the original soldiers sent to Camp Taji in May had to leave, and if so, why? If that is the case, what was the contingency plan?
More broadly, what is “success” when it comes to the training mission? Does success mean that all who entered the training completed the course, or that some significant percentage did? Does it mean that there were no green on blue “incidents?” Does it mean that the recruits came in like rabbits and left like Rambos?
Then there is the issue of post-training success. Has it been confirmed that the troops trained by the NZDF did in fact return to the front and achieve battlefield successes? If so, what were they?
I wonder about that because Mr. Key mentioned that the problem of unreliable Iraqi officers still exists (and those are the officers that presumably will lead the NZDF-trained troops into battle, which begs the question why officer training was not part of the mission). He also admitted that the Iraqi Army has not retaken any of the large towns and cities that Daesh has occupied (like Mosul, Falluja and Ramadi), that the NZDF personnel were restricted to the base because of security concerns and that the road between Taji and Baghdad was impassable by land due to the threat of IEDs and/or Daesh attacks. In light of that, what ARE those freshly trained soldiers doing?
One thing is certain: we will never find out from the press junket crowd because none of them appear to have asked questions to that effect or if they did, they chose not to report the answers. Instead, they seem to have taken the NZDF and Iraqi Army’s word at face value.
I will not comment on the debacle of having the Iraqi Prime Minister’s office publish photos of his meeting with Mr. Key in advance of Key’s secret visit to Taji, in contravention of the security protocols imposed by the NZDF and NZ government. As one wag noted, that was not too bad a security breach so long as Daesh only read the NZ Herald (or presumably watched NZ TV or listened to NZ radio).
In any event what is clear is this. With the complicity of major media outlets, Mr. Key has added troop visits to his pandas and flags repertoire of diversions. In saying so I in no way mean to denigrate the work and sacrifice of the NZDF soldiers at Taji or downplay the difficulty of their mission. Nor do I discount the positive impact his visit has on the NZDF personnel deployed, or the diplomatic and symbolic overtones of it. I simply do not think that the visit was about the troops per se. Instead, I think that the trip was a propaganda exercise that was more about burnishing the PM’s image as well as softening up the NZ public for a possible announcement of future changes to the NZDF mission in Iraq (and Syria).
It is a pity that none of those from the press gallery who were invited to join the PM on his meet-and-greet with the troops thought to wade through the fluff in order to cut to the chase of the matter. On the other hand, perhaps that is precisely why they were chosen.
Imagine if Jon Stephenson had been on that trip. I am willing to bet that not only would his reporting have been very different, but it would have set the tone for the entire group to be a little more serious in their scrutiny of the event. Then again, pigs will fly before such a thing ever happens.
Although it has been shamefully underreported by major media outlets in NZ, war correspondent Jon Stephenson has won his defamation case against the NZDF by forcing a settlement that involves significant compensation and an admission by the military that its defamatory statements about Mr. Stephenson were indeed untrue. It remains to be seen if the Prime Minister will do the same, since he opined at the time the controversy erupted over Mr. Stephenson’s internationally recognised article “Eyes Wide Shut” in Metro Magazine (May 2011) that Mr. Stephenson was, to paraphrase closely, “unstable” as well as “unreliable.” That has been proven to be false and Mr. Key knew at the time he uttered his comments that they were untrue. Let us be clear: Mr. Stephenson may be driven, but unlike his main accusers when it comes to reporting on the NZDF he is by no means unreliable or a liar.
I wrote the following as a comment over at The Standard but feel that it is worth sharing here:
“I suspect that we have only seen the tip of the iceberg when it comes to the unethical behaviour of the NZDF and political leadership in this affair. Remember that there is a MoD involved and the respective ministers then and now (Coleman and Brownlee). There are more officers involved than retired generals Rhys Jones and Mateparae, some who currently hold senior positions within the NZDF. There is the behaviour of Crown Law to consider. There is the slander on Jon’s character uttered by the PM.
I can only hope that the terms of the settlement do not prevent Jon from publishing more details of his case, including the way in which the legal process unfolded, the obstacles to discovery encountered, and the extra-curriculars surrounding them.
Whatever happens, for once in a long time one of the genuine good guys won. Were it that other members of the press corps (Nicky Hager excepted) had the integrity and courage exhibited by Jon both in the field as well as on the home front.
Kia kaha Jon!”
Beyond what I have written above, there are some other questions that arise from this saga.
For example, in 2013 Nicky Hager revealed that the NZDF electronically spied on Mr. Stephenson in 2012 using NSA, GCSB and SIS assets while he was in Afghanistan. At the same time an internal Defense manual was leaked to the media that identified “certain investigative journalists” as hostile subversion threats requiring counteraction because they might obtain politically sensitive information (one does not have to have much imagination in order to figure out who they are referring to). In parallel, reports emerged that NZDF officials were sharing their views of Mr. Stephenson with Afghan counterparts, referring to him in the same derogatory terms and implying that his work was traitorous or treasonous.
Taken together, both the spying on Mr. Stephenson and the characterisation of him passed on to NZDF Afghan allies can be seen as a means of counteracting his reporting. But if so, what national security threat did he really pose? Is politically sensitive information necessarily a threat to national security or is merely a threat to the political actors being reported on? Is intimidation part of what the NZDF considers to be proper counteraction when it comes to journalists plying their trade in a war zone? And since any counteraction or counter-intelligence operations had to be cleared and authorised by the NZDF and political leadership, were both of the types used against Mr. Stephenson authorised by then NZDF Chief Lieutenant General Richard Rhys Jones and/or Mr. Key? They deny doing so but if that is true, who did and how was it passed down the chain of command to the field commanders in Afghanistan (because, at a minimum, the order to “counter” Mr. Stephenson could be construed as illegal and therefore challengeable–but it never was).
Leaving aside the legitimate role of independent journalism in a democracy in holding policy makers–including military leaders–to account, what does it say about the NZDF that it sees such work as subversive? More alarmingly, if the reports are true, what exactly did the NZDF leadership hope to accomplish by telling Afghans, while Mr. Stephenson was in Afghanistan, that he was a threat to them?
Then there is the issue of the lie. General Rhys Jones claimed that, contrary to what was written in his story, Mr. Stephenson never visited the base in which the Crisis Response Unit (to which NZ SAS were attached) was located and did not talk to its commander. That was a direct challenge to Mr. Stephenson’s journalistic integrity. Mr. Stephenson sued for defamation and during the first trial (which bizarrely ended in a hung jury) the NZDF and Rhys Jones himself admitted that Mr. Stephenson’s version was true.
So why didn’t the trial stop right there? The moment the truth of Mr. Stephenson’s story was admitted by Rhys Jones, it was supposed to be game, set and match to the journalist. But instead the Crown spent hundreds of thousands of taxpayer dollars continuing to litigate in that trial and then the follow-up court process that was ended by the recently announced settlement. Why so?
The answer to the last questions seems to be that, like in the Zaoui and Urewera 18 case, the Crown prefers to bleed its adversaries emotionally and financially even when it knows that it can not win. This death by a thousand cuts approach, courtesy of the taxpayers largesse, is as unethical as it is cynical and undermines the belief that justice in New Zealand is blind and universal.
There are many other questions that need to be answered about the treatment of Mr. Stephenson. Is it true that media outlets were pressured to not accept his work on penalty of getting the cold shoulder from the government? Did NZDF officials physically threaten Mr. Stephenson in New Zealand? Did the intelligence services spy on Mr. Stephenson above and beyond what was reported by Mr. Hager, both at home and abroad, and are they doing so now, and on what grounds if so? Did NZDF and/or MoD and/or PMDC and/or Crown Law officials conspire, either solely or together, to cover up, obstruct, alter, destroy or otherwise impede the release of evidence to Mr. Stephenson’s lawyers at any point in the legal proceedings?
My sincere hope is that the settlement agreed to by Mr. Stephenson and NZDF does not preclude the former from writing about his experiences with the NZDF, both in Afghanistan and during the trials. Hopefully he will be able to answer some of the questions I have posed above. I say this because something stinks about the way this affair has been handled at the highest levels of government, which is not only a stain on the individuals involved but a direct affront to basic tenets of liberal democracy.
Well, it was bound to happen. After all the hemming and hawing and the kerfuffle that led to the announcement that New Zealand was sending 143 troops to Iraq as trainers and their force protection, the Prime Minister has now said the he would consider eventually sending to Syria a Provincial Reconstruction Team (PRT) such as those previously deployed in Afghanistan. He said as well that he was open to the idea of deploying NZSAS in Syria as target selectors for anti-Daesh air-strikes. So much for his previous ironclad assurances that the training mission was the extent to which the NZDF would get involved in the anti-Daesh fight.
What is interesting about his statement is that he has the order of engagement reversed. For the PRT (which deploy about the same number of personnel as those currently stationed in Iraq) to be tasked in Syria Daesh will have to be pushed out of it, or at least significant portions of it. Even then, the mission will be difficult as the experience in Bamiyan attests (six of the nine NZDF combat dead came from the Bamiyan PRT, and Bamiyan was considered one of the safer Afghan provinces). However, for an eventual PRT deployment in Syria to happen, the conflict against Daesh will have to be ramped up exponentially, which is something the European members of the coalition and Australia are currently in the process of doing. The UK has started to use lethal drones against Daesh targets (primarily British citizens), and the French and Australians have decided to increase the number of air strikes they will fly against Daesh in Syria as well as Iraq.
Part of the air battle against Daesh in both Iraq and Syria is the use of UK, Australian and US special forces as target finders. US Army special forces are now fighting alongside Kurdish peshmerga in northern Syria, and it is widely believed that UK and Australian SAS are doing a bit more than just finding targets for air strikes, to include nighttime raids on Daesh facilities and troop formations in Iraq as well as Syria.
The New Zealand government denies that the NZSAS is in the conflict theatre, but it would be naive to take that assertion at face value given the close working ties between the NZSAS and the afore-mentioned special operators already there. If for no other reason, that scenario is possible because deploying of SAS assets in Syria in any role requires a fair bit of lead-in time, something that has now grown short as the migrant crisis deepens. There is some urgency to finding a front and back-end solution to the crisis: addressing the refugee flows on the back-end in Europe but upping the ante on the front-end (the Syrian/Iraqi conflict zone) so as to stop the refugee flows from continuing.
That is going to take some doing. The Iraq armed forces are no closer to re-taking Ramadi than they were before the NZDF “advisors” arrived in May. The oil refinery town of Baiji, north of Camp Taji where the NZDF troops are stationed, is still surrounded by Daesh fighters and at risk of falling to them. Mosul remains in Daesh hands. In Syria the Russians have decided to put skin into the game by sending the 1000-strong 810th Marine Brigade to Latakia (where Russia maintains an electronics signals intercept station) while reinforcing its naval base at Tartus. US intelligence has reported hearing Russian voices on Syrian armoured communications, which is not surprising given that Russian crews fought in Syrian tanks in the 1967 and 1973 wars with Israel.
Russian involvement should be seen as a potentially positive development as it has indicated that it is open to joining the coalition against Daesh. It differs on the question of what to do with Assad, but the hard fact is that no solution to the Syrian civil war will come without Russia at the negotiating table (and Iran, for that matter). Sending combat troops to bolster Assad gives the Russians increased leverage as well as a greater stake than what they already have (which is considerable given that over 100,000 Russian citizens live in Syria and the Assad regime is its closest ally in the Middle East). Most importantly, it takes pressure off the West to solely shoulder the burden of rolling back Daesh. With the Russians and Iranian-backed shiia militias (including Hezbollah) on board in both Syria and Iraq and air strikes on Syria added to the coalition target list, a simultaneous pincer movement on Daesh in Iraq and Daesh in Syria can begin. Cutting off cross-border re-supply routes will be a priority and once that is accomplished, the squeeze can be placed on places like Mosul and Raqqa (the de facto capital of the Islamic State).
There is much more to the scenario and it will inevitably be ugly. Turkey is now involved but spending more time trying to kill Kurdish PKK fighters than those of Daesh (and the PKK obliges the Turks by turning its guns on Turkish targets) That will have to change, or at least Turkey’s security priorities will have to be reversed–Daesh first and then the PKK. Iran and the West will need to find an accommodation with regard to the former’s armed proxies in Iraq and Syria (something that has tacitly occurred in Iraq between Coalition forces and the al-Sadr Brigades). Other European and Middle Eastern nations will have to increase their military contributions to the fight. But it is clear that there is movement in these regards.
It appears that the refugee crisis has been the tipping point for that to occur, which is why the front- and back-end solution set is now being addressed and why John Key is being asked about what NZ proposes to do on both ends. If his recent waffling about the NZDF role is anything to go by, the process of mission creep could soon be underway and may well have started already.
From time to time I am invited to give public presentations on subjects within my areas of interest. Depending on the topic I sometimes offer ideas for the audience to consider. At a think tank gathering last year I offered the suggestion that parliament should consider the proposition that New Zealand be the first country to publicly and formally renounce the use of lethal drones at home and abroad. I pointed out that although security conservatives and military commanders would oppose the move because it limited NZDF (and perhaps in the future NZ Police) tactical options, it was worth debating on moral and legal as well as practical grounds given New Zealand’s unique political culture and international standing. Since 90 percent of what military drones do is non-lethal and the NZDF does not have a lethal drone capability as of yet, it seems worth a try.
That proposition went nowhere. Some left leaning commentators supported the motion (most notably No Right Turn and one of the authors at The Standard). But no a single political party, to include the Greens, Mana and the Internet Party, adopted it as a policy proposition and it was never brought up in parliament.
This year I was at another event that featured academicians, students, policy practitioners, journalists and diplomats (foreign and Kiwi) discussing New Zealand’s past, present and future foreign policy. I was matched with a representative of the New Zealand intelligence community and a security academic on a panel that addressed intelligence issues, specifically, New Zealand’s intelligence role in foreign policy.
As part of the discussion I suggested that Edward Snowden had done us a favour by exposing the extent to which NZ is a fully integrated member of the 5 Eyes signals intelligence network. The reason is that with the revelations that have come from the documents that he passed on to journalists, New Zealand has an opportunity to re-negotiate some of the terms of its participation in 5 Eyes. I noted that withdrawal from 5 Eyes was not an option–I said that it was like trying to leave the mafia. But the specific terms of what the GCSB does for 5 Eyes could be discussed given that New Zealand is by far the most vulnerable of the 5 Eyes partners to retaliation from the countries that it targets as part of the division of labour within Echelon. I specifically mentioned that NZ might broach the subject of reducing its role in spying on China given how trade dependent NZ is on the Asian giant.
A couple of journalists in the room ran stories on the suggestion and the PM was asked about it at his weekly press conference. He rejected it out of hand and said that NZ would not modify its intelligence operations because of trade considerations because what it did in was in the national interest.
The Snowden documents suggest otherwise, but that argument can be left for another moment.
Let me explain why NZ has an opportunity to re-negotiate the terms of its agreement with the Anglophone powers even though it cannot withdraw from 5 Eyes entirely.
If NZ were to withdraw from 5 Eyes it would lose the substantial benefits, unique to a small country, that it accrues from being in an alliance with four bigger partners with global reach. The flow of intelligence within 5 Eyes is very much reciprocal but what NZ receives is far more than what it delivers to the network. It is tasked with using shared technological means located on or operated from NZ soil (including its diplomatic missions) to target specific entities of common interest to the larger partners, and in exchange it receives global as well as more NZ-specific intelligence from those partners.
That is just one reason why withdrawal is unlikely. But think of the consequences if NZ unilaterally decided to opt out of Echelon. It is in possession of some of the most advanced signals interception technologies on the planet. The GCSB knows the processes, procedures, means, methods and protocols of the entire network. Fear that this knowledge and technologies (say, for example, X-Keyscore and Prism) could fall into hostile hands will inevitably prompt a negative response from NZ’s erstwhile intelligence allies, and that response will not be confined to the field of intelligence (I am aware of reports that some of the technologies and methods mentioned in the Snowden documents have been decrypted by Russian and Chinese intelligence but am not sure as to what extent this may have occurred).
Were NZ to try and establish an alternative signals intelligence network with other powers, the remaining 5 Eyes countries would likely move beyond defensive measures and into the field of offensive intelligence operations against NZ. In other words, the exit costs will be too high given the uncertain benefits received in the event of withdrawal.
That being said, the GCSB is integral to 5 Eyes operations. The partners cannot afford to alienate NZ on issues that are critical to NZ but marginal or less costly to them. Although they never thought that their operations would be exposed in the measure that they have, the 5 Eyes partners are now acutely aware, thanks to Snowden, that they rise and fall together when it comes to exposing how they go about signals intelligence acquisition and who they target. They can therefore ill afford to call NZ’s bluff on a matter that is of critical importance to the latter.
I would argue that bilateral trade with China is one such matter. Even if they have a pretty good idea of what the GCSB does for Echelon, public revelation of NZ having a lead role in spying on the Chinese at home and abroad will force the PRC to retaliate in some fashion, even if just to save face as an emerging great power with super power pretensions. It must show that it should not be disrespected and meddled in by small states no matter who those states are allied with. The means by which it can reach out and touch NZ in a bad way are myriad and not confined to diplomatic or economic relations.
The only reason that it would not do so is if it has counter-intelligence access to GCSB operations and wants to keep those “backdoor” channels open in spite of the publication of specifics about NZ espionage against it.
If NZ were to say to its partners that given its vulnerability to Chinese utu the GCSB would prefer not to take a major role in spying on the PRC, it is possible that the other partners will listen and consider the request. The GCSB can still spy on South Pacific, Latin American and other nations that do not have much leverage over it, as well as the UN, various NGOs and private firms as it is doing now. But it would give a pass to spying, at least in a major way outside of NZ territory, on the Chinese.
In my view, such a position would not prevent the GCSB (and SIS) from conducting counter-intelligence operations against Chinese espionage at home and abroad. Even if they know about these defensive measures the Chinese will likely not make an issue of them given that they instigated the back and forth. Where I would draw the line is on offensive operations against Chinese targets, especially when at the behest of the larger partners.
I am not surprised that John Key has no interest in this proposition. To do so requires political courage and a commitment to putting NZ national interests first. Neither is in his repertoire. Plus, even if he were to think about the dilemma posed by NZ’s increasingly counter-poised trade and security interests, any renegotiation along the lines I have posed would be done quietly and not publicly announced, much less at a press Q&A. But I doubt the latter is the case.
In any event, this is a potential moment of opportunity to redefine the terms and conditions of NZ’s involvement in 5 Eyes, however implausible that may seem at first glance. There is a supposed review of the NZ intelligence community now underway that could serve as a sounding board for opinions on the suggestion, and I am happy to add my two cents to the discussion should that be deemed worthwhile.
On returning this week from his trade mission in the Middle East, John Key stated on Breakfast TV that countries such as Saudi Arabia have views of human rights that are “different” from our own, justifying the government’s decision to exclude human rights issues from any trade agreement that New Zealand is able to secure in the region. That is putting it rather mildly. Saudi Arabia has one of the consistently worst human records in the world. While the mainstream media is quick to focus in on a discriminatory gender regime that bans women from driving and requires them to be covered from head-to-toe, such problems pale in comparison to the treatment of the foreign workers who make up at least a third of the country’s population, or the torture, imprisonment, and death sentences handed down to Christian converts, human rights workers, activists, journalists, and other critics of the ruling elite. Unlike the distinctly Saudi approach to gender relations, it is difficult to see how the Saudis themselves could seriously attempt to justify such severe human rights abuses in religious or cultural terms.
What is especially surprising about the Prime Minister’s statement is that, if he genuinely believes that Saudi Arabian understandings of human rights are “different” rather than simply wrong, this would put him far over on the fringes of moral philosophy into the cultural relativist camp. This is a space occupied only by academic extremists who have followed the logics of social constructionism to their absolute and final conclusions (i.e. there is no such thing as truth, which makes it rather hard to speak truth to power as many of these theorists seem to want to do), or a small minority on the extreme right, which proposes that liberal values can only ever be achieved in supposedly superior Western cultures. Sticking to this line of argument means that anything whatsoever can be justified in cultural terms to the point where, essentially, nothing practised by any society at any point in history can be criticised at all. What strange company for a Mr. Moderate who usually tries to avoid coming to any conclusions that could undermine his apparently undying popularity to be found in.
Furthermore, this is not the generally shared understanding most reasonable people have of these issues. In fact, New Zealand, along with just about every other country in the world, is a signatory to the Universal Declaration of Human Rights, adopted in the wake of the horrors of World War Two and aimed at establishing a basic set of rights and liberties that countries should do their very best to uphold. Least it isn’t clear from the title of the Declaration, most of the world believes that human rights are universal, Mr. Key, not particular.
Saudi Arabia, by the way, does not accept these principles, rejecting the Declaration on the grounds that guaranteeing freedom of religion would be detrimental to the country’s own traditions, and that its own version of Islamic law supposedly upholds a higher threshold of human rights than this or any other international agreement. By far the more important point, however, is that New Zealand is itself a signatory to the Universal Declaration, which not only obligates us to ensuring that we uphold basic human rights within our own borders, but also to promote human rights abroad.
Yet when it comes to trade agreements, the explicit approach adopted by both recent centre-right and centre-left governments has been to exclude human rights from the negotiating agenda. This puts us at odds with the other members of the international “club” we belong to, to use another of the Prime Minister’s terms. Based on academic research, the World Trade Organization states that about 75 percent of contemporary trade agreements include human rights clauses, whether binding or non-binding, driven largely by the human rights promotion agenda of Canada, the European Union, and yes, the United States. It obviously cannot be assumed that these clauses always lead to substantive improvements in human rights outcomes, but they are a start.
The real reason behind both National and Labour’s exclusion of human rights concerns from the negotiation of trade deals is two-fold. Firstly, to state the obvious, New Zealand is very small in global terms, and thus cannot exercise much leverage over larger countries in the Asia and the Middle East. When countries are dependent on us for aid, absolutely do we try to influence human rights, most notably in the Pacific (which also occasionally invokes issues of culture and human rights that I don’t intend to get into here). Realistically, if we are to incorporate human rights concerns into our trade relations framework, this might more successful if done through multilateral arrangements—yet is it difficult to see human rights becoming a major concern of the kind of multilateral trade deals that New Zealand has wedded itself to, such as the Trans Pacific Partnership.
Secondly, the bipartisan approach reveals not only a deep ideological commitment to free trade that is not necessarily shared by other developed countries, in which the influence of large protectionist interest groups often moderates that stance, but a rather naïve belief that trade deals and trade relationships can be separated from everything else. Despite good empirical and historical evidence that trade cannot be viewed independently from other aspects of foreign policy, we do this with regard to our security relations, in which government officials cannot see the long-term problem emerging out of the contradiction between an Asia-oriented trade policy and a Five Eyes-oriented security one, and we also apparently do it when it comes to more noble causes.
So herein lies the hypocrisy not only of our current leadership, but all those sectors of our community who stress trade above all other national goals. We tend to have a rather rosy view of our country not only as an independent voice in the international arena, but as a progressive force in the big wide world. We ban nuclear ships and we save whales. We were the first to give women the vote and at least some of protested against the Springbok Tour. We think we deserve a seat on the Security Council because we are nice (alternatively, to carry on the theme, there are those who no doubt think it will help us out on the trade front). Not caring—or pretending not to care— about the worst instances of human rights abuses, however, not only threatens to undermine this aspect of our national identity, but undermines both our reputation and potential as a global player that punches above our weight on moral issues.
John Key clearly loves his sports and hates funerals. In 2012 he opted to attend his son’s high school baseball tournament in the US (and spend a week in New York) rather than attend the funerals of the soldiers killed in combat in Afghanistan that year. In the following year he did attend Nelson Mandela’s funeral (in spite of his sketchy recollection of where he stood on the Springbok tour and the general issue of apartheid while it still was in force) but skipped that of Hugo Chavez (I cannot say I am surprised). Last year he declined to attend the funeral of Saudi King Abdullah (departed regent of a country that is a major trade partner and which sends a sizeable compliment of students to NZ each year). This week he declared that rather than attend the funeral of Lee Kuan Yew, considered to be the greatest Asian statesman of his time and a leader who forged close diplomatic and security ties with NZ, he is off to the see the Cricket World Cup final in Melbourne so that he can “support he boys.”
In his place will go Governor-General Sir Jerry Mateparae, who has done the drill before.
Mr. Key’s priorities seem a bit out of kilter. First he disrespects the fallen warriors in order to watch an inconsequential sporting event and visit his well heeled pals in NYC. Now he skips a major opportunity to cement ties in SE Asia and reaffirm NZ’s respect for a seminal world figure in order to watch a game of interest only to the Antipodean neighbours and die-hard followers of that particular sport. In fact, Mr Key appears to prefer combining sport and holidays with affairs of state, as his Hawaiian golfing foray with Barak Obama attests. But funerals over sport? Nah.
There is a difference between being a politician, a political leader, and a statesperson. A politician serves as a representative and legislator and acts most immediately according to personal ambition framed by partisan logics. A political leader provides direction and vision to his party and the nation at large, sometimes sacrificing immediate personal or partisan gain in pursuit of the national interest. A statesperson subordinates personal and partisan interest to that of the nation and the larger global community. S/he looks at the big picture first and foremost and orders his/her priorities accordingly. At his or her best and as much as practicable, a statesperson sacrifices personal and political self-interest in pursuit of the common good, both national and global.
John Key may be an avid sports fan (after all, he has appeared on the sports radio show of that paragon of domestic virtue, Tony Veitch). But one thing is even more certain: he is no statesman.
It turns out that nearly 5 months after getting re-elected, the government has decided on the composition of the Intelligence and Security Committee (ISC). Besides himself as Chair of the ISC, the Prime Minister gets to select two members from the government parties and the Opposition Leader gets to select one member from opposition parties. In both cases the respective Leaders are expected under Section 7 (1) (c,d) of the 1996 Intelligence and Security Committee Act to consult with the other parties on their side of the aisle before selecting the remaining members of the committee. The language of the Act is quite specific: “c) 2 members of the House of Representatives nominated for the purpose by the Prime Minister following consultation with the leader of each party in Government: (d) 1 member of the House of Representatives nominated for the purpose by the Leader of the Opposition, with the agreement of the Prime Minister, following consultation with the leader of each party that is not in Government or in coalition with a Government party.” (1996 ISCA, pp. 6-7).
Not surprisingly the government has nominated two National MPs, Attorney General Chris Finlayson and Justice Minister Amy Adams, for membership on the ISC. It is not clear if ACT, the Maori Party and United Future were consulted before their selection. What is more surprising is that Andrew Little nominated David Shearer and did not consult with opposition parties before making his selection. While Shearer is a person with considerable international experience and has been a consumer of intelligence (as opposed to a practitioner) during his career, Mr. Little has been neither. In fact, it can be argued that Mr. Little has the least experience of all the proposed members when it comes to issues of intelligence and security, which means that he will have to lean very heavily on Mr. Shearer if he is not not be overmatched within the ISC.
Moreover, in past years Russell Norman, Peter Dunne and Winston Peters have been on the ISC, so the move to re-centralise parliamentary oversight in the two major parties represents a regression away from the democratisation of representation in that oversight role. Since these two parties have been in government during some of the more egregious acts of recent intelligence agency misbehaviour (for example, the Zaoui case, where intelligence was manipulated by the SIS to build a case against him at the behest of or in collusion with the 5th Labour government, and the case of the illegal surveillance of Kim Dotcom and his associates by the GCSB in collusion or at the behest of the US government under National, to say nothing of the ongoing data mining obtained via mass electronic trawling under both governments), this does not portend well for the upcoming review of the New Zealand intelligence community that this ISC is charged with undertaking.
The Greens have expressed their disgust at being excluded and have, righty in my opinion, pointed out that they are the only past members of the ISC that have taken a critical look at the way intelligence is obtained, analysed and used in New Zealand. But that appears to be exactly why they were excluded. According to John Key, Labour’s decision was “the right call” and he “totally supports it.” More tellingly, Mr. Key said the following: “A range of opposition voices from the minor parties could railroad the process. I don’t think the committee was terribly constructive over the last few years, I think it was used less as a way of constructing the right outcomes for legislation, and more as a sort of political battleground” (my emphasis added).
In other words, Russell Norman took his membership on the ISC seriously and did not just follow along and play ball when it came to expanding state powers of search and surveillance under the Search and Surveillance Act of 2012 and GCSB Act of 2014.
That is a very big concern. Mr. Key believes that the “right” outcomes (which have had the effect of expanding state espionage powers while limiting its accountability or the institutional checks imposed on it) need to be produced by the ISC when it comes to the legal framework governing the intelligence community. Those who would oppose such outcomes are not suitable for membership, a view with which Andrew Little seems to agree.
This is so profoundly an undemocratic view on how intelligence oversight should work that I am at a loss for words to explain how it could come from the mouth of a Prime Minister in a liberal democracy and be tacitly seconded by the Leader of the Opposition–unless they have genuine contempt for democracy. That is a trait that W. Bush, Tony Blair and John Howard shared as well, but what does that say about the state of New Zealand democracy?
Mr. Little has given his reason to exclude Metiria Turei of the Greens from ISC membership as being due to the fact the Mr. Norman is stepping down in May and Mr. Little wanted “skills, understanding and experience” in that ISC position. Besides insulting Ms. Turei (who has been in parliament for a fair while and co-Leader of the Greens for 5 years), he also gave the flick to Mr. Peters, presumably because that old dog does not heel too well. As for Mr. Dunne, well, loose lips have sunk his ship when it comes to such matters.
The bottom line is that Mr. Little supports Mr. Key’s undemocratic approach to intelligence oversight. Worse yet, it is these two men who will lead the review of the NZ intelligence community and propose reform to it, presumably in light of the debacles of the last few years and the eventual revelations about NZ espionage derived from the Snowden files.
As I said last year in the built-up to the vote on the GCSB Amendment Act, I doubted very much that for all its rhetorical calls for an honest and thorough review process that led to significant reform, Labour would in fact do very little to change the system as given because when it is in government it pretty much acts very similar to National when it comes to intelligence and security. If anything, the differences between the two parties in this field are more stylistic than substantive.
What I could not have foreseen was that Labour would drop all pretence of bringing a critical mindset to the review and instead join National in a move to limit the amount of internal debate allowable within the ISC at a time when it finally had an important task to undertake (in the form of the intelligence community review).
As a result, no matter how many public submissions are made, or how many experts, interest groups and laypeople appear before the ISC hearings, and how much media coverage is given to them, I fear that the end result will be more of the same: some cosmetic changes along the margins, some organisational shuffles and regroupings in the name of streamlining information flows, reducing waste and eliminating duplication of functions in order to promote bureaucratic efficiency, and very little in the way of real change in the NZ intelligence community, especially in the areas of oversight and accountability.
From now on it is all about going through the motions and giving the appearance of undertaking a serious review within the ISC. For lack of a better word, let’s call this the PRISM approach to intelligence community reform.
We already know that John Key dissembles and misleads, especially on matters of security and intelligence. NZ is soon to put troops into Iraq as part of the effort to roll the Islamic Sate (Isis is an Arabic girl’s name) out of that country. For whatever reason Mr. Key will not admit to this even after the British Foreign Secretary mentioned that the NZ contribution will be a company sized (“100 odd” in his words) detachment.
The evidence of military preparation is very clear, with an especially selected infantry company training for desert warfare at Waiouru over the past few months and a detachment of SAS soldiers rumored to be already in theatre. The US and other anti-IS coalition partners have announced preparations for a Northern spring offensive against IS, centred around taking back Mosul from the jihadists. The decision to launch the offensive and the division of labor involving participating ground forces was made at the working meeting of coalition military chiefs in Washington DC last October (the chief of the NZDF attended the meeting although at the time Mr. Key said no decision had been made to send troops). Since the NZDF cannot contribute combat aircraft, armour or even heavy lift assets, it is left for the infantry to join the fray, most likely with a fair share of combat medics and engineers.
With his misrepresentations John Key only obscures the real issue. New Zealand has no option but to join the anti-IS coalition (which he has said is the price for being in “the club”) given the international commitments it has already made.
There are three specific reasons why NZ has to join the fight, two practical and one principled.
The practical reasons are simple: First, NZ’s major security allies, the US, UK and Australia, are all involved as are France, Germany and others. After the signing of the Wellington and Washington security agreements, NZ became a first tier security partner of the US, and as is known, it is an integral member of the 5 Eyes signals intelligence network. It therefore cannot renege on its security alliance commitments without a serious loss of credibility and trust from the countries upon which it is most dependent for its own security.
Secondly, most of New Zealand’s primary diplomatic and trading partners, including those in the Middle East, are involved in the anti-IS coalition. Having just secured a UN Security Council temporary seat at a time when the UN has repeatedly issued condemnations of IS, and having campaigned in part on breaking the logjam in the UNSC caused by repeated use of the veto by the 5 permanent members on issues on which they disagree (such as the civil war in Syria), NZ must back up its rhetoric and reinforce its diplomatic and trade relations by committing to the multinational effort to defeat IS. Refusing to do so in the face of requests from these partners jeopardises the non-military relationships with them.
The third reason is a matter of principle and it is surprising that the government has not made more of it as a justification for involvement. After the Rwandan genocide an international doctrine known as the “Responsibility to Protect” (R2P) was agreed by UN convention to prevent future horrors of that sort. It basically states that if a defenceless population is being subject to the depredations of its own government, or if the home government cannot defend the population from the depredations of others, then the international community is compelled to use whatever means, including armed force, to prevent ongoing atrocities from occurring. There can be no doubt that is the situation in parts of Iraq and Syria at the moment. Neither the Assad regime or the Iraqi government can defend minority communities such as Kurds or Yazidis, or even non-compliant Sunnis, from the wrath of IS.
That, more than any other reason, is why NZ must join the fight. As an international good citizen that has signed up to the R2P, NZ is committed in principle to the defense of vulnerable others.
So why have the Greens, NZ First and Labour (or at least Andrew Little) opposed the move?
The Greens are true to form with their pacifist and non-interventionist stance, but they are ignoring the matter of international principle at stake. NZ First is its usual isolationist self, acting blissfully unaware of the interlocking web of international networks and commitments that allow NZ to maintain its standard of living and international reputation (in spite of having Ron Mark to speak to military issues).
Most of all, why has Andrew Little run his mouth about reneging on the NZDF contribution to the anti-IS coalition (which involves formal and time-constrained commitments)? Little has previous form in displaying ignorance of international affairs, but this level of hypocrisy takes the cake. Does he not remember that the 5th Labour government started the rapprochement with the US after 9/11, and that it was the 5th Labour government that initially deceived and misled about the real nature of the SAS role in Afghanistan as well as the true nature of the mission in Southern Iraq (which is widely believed to have involved more than a company of military engineers). Is he not aware that a responsible country does not walk away from the security alliance, diplomatic and trade commitments mentioned above? Did he not consult with Helen Clark, Phil Goff or David Shearer before this brain fart (or did they gave him the rope on which to hang himself)? Does he really believe, or expect the informed public to believe, that on defense, security and intelligence issues Labour in 2015 is really that different from National? If so, it is he, not us, who is deluded.
All this shows is that Labour is still unfit to govern, or at least Little is not. If he does not understand the core principles governing international relations and foreign affairs, or if he chooses to ignore them in favour of scoring cheap political points, then he simply is unsuited to lead NZ before the international community. There is a big difference between being a political party leader and being a statesman. It is clear that John Key is no statesman, but his glib and jocular nature gives him the benefit of international respect so long as he backs up his talk with the appropriate walk. By comparison, Andrew Little comes off as some provincial rube who cannot see further than the nearest bend in the road.
Whether we like it or not–and there are plenty of things not to like about getting involved in what could become another military morass in the Middle East–NZ has an obligation to get involved in the fight against IS. The obligation stems not just from the particular disposition of this National government but from years of carefully crafted international ties under successive governments that give practical as well as principled reasons for involvement. Andrew Little should know that, and the Greens and NZ First need to understand that this is not about belonging to some exclusive “club” but about being a responsible global citizen responding to the multinational call for help in the face of a clear and present danger to the international community. Because if IS is not a clearly identifiable evil, then there is no such thing.
In any event the fight against IS is dangerous but cannot be avoided.
Posted on 10:30, November 25th, 2014 by Pablo
Sometimes one has to speak bluntly but honestly about unethical behaviour within the NZ intelligence community. The revelations about the way in which an OIA request from a notorious right wing blogger was handled by the then Director of Security and Intelligence and the office of the Prime Minister in 2011 affords one such opportunity to do so.
Short of taking monetary or personal favours, this is official malfeasance of the first order and is corrosive of the professional integrity of the intelligence community. Shame on all involved.