This is going to be my last comment about the NZDF in Afghanistan for a while. It concerns an overlooked aspect of why it is there. One aspect of this is that the R2P commitment was made by the 5th Labour government and National seems disinclined to continue it. Given that R2P does not have domestic or international legal authority since it is just a public commitment rather than a convention, law or binding agreement, it will be interesting to see how National deals with this particular aspect of its foreign policy, and how MFAT (which committed NZ to the R2P doctrine), will react to any reneging on that commitment.
On the road again, this time to the Great Satan.
It has been a busy year for travel. I was in OZ in January (pleasure), NZ in Feb-March (business and pleasure), Greece in April-May (business and pleasure), OZ again in June (pleasure) and am now headed to the US for five weeks (business and pleasure). My daughter is getting married (to a Republican!) and I have work to do on the Florida house, plus will vote in the state Democratic primary (where everything from dogcatcher to Senator is in play) and scout out opportunities for the political risk/market intelligence/strategic analysis consulting firm I have just re-started (I used to do this sort of consulting before moving to NZ, then switched into a media expert commentary focus, but now need to get back into the bigger game because I have been locked out of NZ and OZ academia as a result of well-known events). I am going to try and base the consultancy in SG and NZ with a Australasian-Latin American focus given my past experience and networks in the latter region. If things go to plan it will be the first dedicated political risk/market intelligence and strategic analysis consultancy based in and focused on NZ’s relations with the Pacific Rim. Â However, the US offers more opportunity for a range of work along the lines in which I have some expertise, so I am going to use the trip to visit with old colleagues and work on any networking opportunities that may arise.Â
Depending on how things go I will likely do some more traveling before the end of the year. My partner would prefer that I not take assignments in Afghanistan, Pakistan or Iraq, which I find understandable. So I suggested to her that I will instead focus on Yemen and Somalia as possible work sites. You can imagine her reaction. All joking aside, there are plenty of places in which my background and experience could be of help to potential clients (both public and private), so I will try to use the US trip as a springboard to work that will allow me to return to NZ and at worst divide my time between there and SG (my partner still has the full time university job in SG and there is no point in her giving it up until such a time as there are academic openings for her back in NZ or OZ).
Put another way: I may no longer be able to work in academia, but that does not mean that a lifetime accumulation of research and analytic skills need go to waste. Plus, I am not good at being idle or a “kept” man. Hence I need to find intellectually stimulating work that will allow me to contribute to society, with my personal ethics and values being the guide as to what sort of work I accept or reject. The US trip is the first step towards doing so.
All of which is to say that I may be a bit quiet for the next week or so. I will try to post about events in the US as I see them in the build up to the mid-term elections in November. Things have gotten very strained in terms of political debate in that country but it is hard to judge what really is the public mood without living there. The wedding and related visits with friends and family should provide a good cross-section and sounding board on how people feel about Obama, the economy, foreign affairs in general and the wars in particular, and contemporary social issues often overlooked in the foreign press or export news industry. Â With any luck that will provide material for posts. Otherwise I shall work on my open water swimming, which has been neglected since I moved to SG because, to put it mildly, the locals waters are not exactly the cleanest on earth. Since the Florida place is 50 meters from the beach and the water there has not been affected by the Gulf oil spill (it is on the Atlantic side), it will be a nice opportunity to regain some of my surf swimming skills with a view towards using them in NZ once I finally make it back there.
Circumstance, Context and Consequence of New Zealand’s first combat death in Afghanistan.*
Events in Afghanistan this week prompted me to write on them as well as their implications. This is the full version, which did not appear in the mainstream press.
Until this week the 140-troop NZDF mission in support of the Provincial Reconstruction team (PRT) in Afghanistan’s Bamiyan province was considered the “softer†of the two NZDF deployments in that country. Given their status as elite combat troops, the 2001-05 and post-2009 NZSAS missions in Afghanistan have received more attention as the presumably “hard†edge of New Zealand’s military contribution to the NATO-led International Security Assistance Force (ISAF) charged with bringing peace and stability to that failed state. The death of Lieutenant Timothy O’Donnell has changed that view.
Lieutenant O’Donnell was killed while on routine patrol northeast of the city of Bamiyan. NZDF patrols are undertaken daily as part of the PRT’s responsibilities, which are to provide security and undertake civil reconstruction and nation-building projects such as the construction of schools, roads, medical clinics (including the combat medics to staff them), water treatment facilities and other infrastructure required for local governance to operate efficiently. Although Bamiyan province is largely populated by the non-Pashtun ethnic Hazaras (a Shiia minority elsewhere in Afghanistan) who are generally friendly to ISAF forces because they were discriminated against under Taliban rule, the Taliban presence, although not as dominant as in Helmand or Kandahar provinces, has remained as an ever-present threat that has increased over the last two years. In fact, the ambush in which Lieutenant O’Donnell died was preceded by at least three similar attacks in the last 14 months, all using the same combination of improvised explosive devices (IEDs), Rocket Propelled Grenades (RPGs) and small arms fire.
Despite the previous attacks, the NZDF did not vary its operational routine and continued to use three or four vehicle convoys for its patrols along well-established routes. The vehicles in question were US-provided reinforced Toyota Hiluxes and armed “uparmoured” Humvees in which electronic counter-measures (ECM) were reportedly used to thwart electronic pulse-detonated IEDs (UPDATE: official details are sketchy as to whether the convoy was a mix of vehicles or all of one or the other, but non official reports suggest that Hiluxes have not been used on those patrols for 18 months and the vehicles in question were all “uparmoured” Humvees). Although state of the art, such ECMs cannot prevent a command wire or pressure plate detonated IED (especially at night), one of which was apparently used in this latest attack.
In previous instances the Hiluxes suffered minor damages in IED attacks, but this time the IED was much more powerful. No NZDF Light Armoured Vehicles (LAVIIs), out of an inventory of 106, were provided to the NZDF/Bamiyan PRT because their characteristics were deemed unsuitable for the Bamiyan AOR because most of it is single track dirt paths (even though the NZSAS has two available for operational duty in Kabul and the US has deployed ECM-equipped and reinforced armoured Stryker (the name it gives to the LAVs) units in the Afghan theater of operations). Although very agile in rough terrain (especially in its 6×6 version), the 321-strong NZDF Pinzgauer Military Utility Vehicle (MUV) fleet was not requisitioned in Bamiyan even though it fulfills the NZDF Light Operational Vehicle (LOV) role, most likely because even in its “uparmoured” version it remains vulnerable to combined small arms assaults and is underpowered when traversing steep terrain in its uparmoured version.  Unlike in previous instances, air cover was not able to respond to the latest attack due to bad weather conditions in the area. The official line is that the patrol was able to find cover and establish a defensive position while returning fire, leading to a prolonged firefight before the assailants were repelled. In all likelihood given Taliban  hit and run tactics, the actual firefight was quite short and most of the damage to men and machines was done by the IED rather than the ensuing exchange of small arms fire. Whatever the exact circumstances, this combination of contributing factors proved to be lethal for Lt. O’Donnell and injurious to his comrades.
The ISAF strategy in Afghanistan is a macrocosmic reflection of what the PRT mission is in Bamiyan. It conducts counter-insurgency operations against Taliban and al-Qaeda forces in order to physically secure the country and prevent the re-establishment of both Taliban rule and al-Qaeda safe havens and training camps within it. In parallel, it attempts to train Afghan security forces and provide the infrastructural conditions so as to consolidate the control of the Western-backed Karzai regime centred in Kabul. As with the Bamiyan PRT, success in the first task is deemed necessary for success with the latter two.
In many ways the death of a Kiwi soldier was inevitable given the balance of the conflict. ISAF has not succeeded in routing the Taliban even if it has denied them and their al-Qaeda allies much territory and space for maneuver. Its nation-building efforts have been thwarted by endemic corruption by the Karzai regime and a motley assortment of tribal warlords and drug barons. For all its rhetorical commitment to supporting the ISAF mission from its side of the border, Pakistan remains a suspect ally, if not a covert adversary in the conflict. Given the announced timetable for a US troop drawdown and ISAF withdrawal beginning in July 2011, the Taliban have increased their attacks in order to raise the costs to ISAF, undermine public support for the mission amongst coalition partners (such as the Dutch, who have just exited the theater), and thereby hasten the inevitable. In fact, both ISAF commander General David Petraeus as well as US Joint Chiefs of Staff Chairman Admiral Michael Millan have said that ISAF casualties will increase over the next months as coalition forces push into Taliban strongholds in a final effort to degrade its ability to mount effective guerrilla operations against Afghanistan police, Army and ISAF targets.
However, true to form, the Taliban have responded with a classic guerrilla tactic when confronted with superior military forces: they employ a “balloon†strategy whereby they retreat from areas in which they are being squeezed by superior ISAF forces and regroup in areas in which the ISAF presence is relatively thin on the ground. The key to their success is to respond to mass with maneuver, avoiding the friction of large conventional forces via fluidity of movement towards areas in which the odds are in their favour. In other words, the Taliban like to” hit ’em where they ain’t.”
One such area is Bamiyan, which means that there is nothing soft about the NZDF/PRT role there. The hazards are not just military. Given the Taliban resurgence and the inevitable withdrawal of ISAF forces, it is prudent and rational for the Hazaras (as much as all other tribal groups throughout the country) to begin to look the other way when it comes to Taliban movements in Bamiyan, if not cooperate with or simply accommodate the insurgents. After all, the Taliban will be a armed and political presence long after the ISAF forces are scaled back or gone. That makes the NZDF position in the Bamiyan PRT harder to maintain the closer it approaches to the announced ISAF withdrawal date. In plain terms, without reinforcement the NZDF/PRT position becomes more tenuous given the shift in local loyalties as the withdrawal deadline approaches, and tenuous in military terms means a high probability of increased casualties as the adversary grows in confidence and receives more support or acquiescence from the local population.
The National government has reaffirmed its commitment to the Bamiyan PRT mission through September 2011 and is considering extending thr NZSAS deployment past its scheduled March 2011 end date. But the possibility of further fatalities now haunts its commitment. The larger question is whether the New Zealand public has the stomach to support continuing NZDF participation in the Afghan conflict in the face of increased casualties. That will be a critical juncture in New Zealand foreign relations, because public support is essential to maintaining the political will to continue fighting—and dying—in support of broadly defined foreign policy objectives. Since the measure of a military commitment is ultimately taken in blood, it behooves New Zealand’s political leadership to make a strong case as to why Kiwi lives are worth sacrificing in a seemingly futile conflict in far off place that appears, on the face of things, to have little strategic value to core New Zealand interests. It is also incumbent upon the opponents of the NZDF deployment to Afghanistan to make an equally convincing case as to why Kiwi lives should not be risked in Afghanistan in pursuit of vanity, favour, treasure or ephereal benefit.
Out of that debate a true public consensus can be formed that gives clear direction to the government’s approach to the ISAF commitment in the year leading up to general elections.
*A short version of this essay was published in the New Zealand Herald on August 5, 2010 under the title “Death makes it clear Bamiyan not “soft†option.â€
The measure of military commitment is taken in blood.
The death of Lt. Timothy O’Donnell in an ambush while on patrol in Bayiman province is a tragic but inevitable consequence of the NZDF participation in the ISAF mission in Afghanistan. His death, the first in ten years since the killing of Private Leonard Manning in an ambush by Indonesian militias in East Timor, is a sad reminder of the bottom line when soldiers are sent into conflict zones. But that is a cost worth paying when the soldiers are volunteers, understand their orders and the risks involved, deploy willingly and enjoy the support of politicians and public back home. The latter depends on how the public perceives the conflict in question, which usually reduces to perceptions of immediate or proximate threat weighed against the costs and benefits presumably involved.
The costs of the NZDF deployment to Afghanistan are now clear and are likely to mount in the months ahead as Taliban sharpen their attacks in the build-up to ISAF withdrawal as of July 2011. The question for NZ is now not so much military as it is diplomatic and political: will the NZ public continue to support the deployment if casualties continue to mount, and will the National government have the political will to continue in the fight in the event of growing public opposition and the intangible diplomatic benefits to be accrued from ongoing participation?
Although it is a bit dated, I have explained why I believe the mission is worth continuing here. I have also explained why I believe that the ISAF mission is bound to change once the July 2011 withdrawal commencement date begins. As a follow up, I have written a short piece that will appear in a mainstream media outlet tomorrow on Lt. O’Donnell’s death in the context of a Taliban resurgence and switch to a “balloon” guerrilla strategy in which the Taliban retreats from large kinetic confrontations in Halmand and Kandahar provinces and regroups in areas such as Bayiman where the ISAF presence on the ground is thinner (i.e. when they get squeezed they pop up elsewhere rather than fight a superior force at the point of massed contact).
All indications are that the security situation in Afghanistan will get worse rather than better, if it ever does. ISAF commander General David Petraeus and US Joint Chief of Staff Chairman Admiral Mike Millan have said as much. John Key has committed the NZDF to the Bayiman PRT until September 2011 and is considering extending the NZSAS deployment past its schedule end date of March 2011. But now that the costs of the mission are etched in blood, does he have the nerve, resolve and most importantly public support to keep that promise should things get worse in the months to come? Given that 2011 is an election year, will polls rather than principle drive his decision? One thing I believe will be certain. More Kiwi blood will flow in that forsaken land.
Shameless Self-Promotion Alert.
For those who may be interested, I am interviewed on the TVNZ news analysis show fronted by Russell Brown, Media 7, tonight on the subject of wikileaks. Although only parts of the interview will be aired, Russell will put the entire conversation up on the Media 7 web site (or perhaps on Public Address). The discussants on tonight’s taping are Selwyn Manning from the independent news aggregator  Scoop and investigative reporter Jon Stephenson (who is the most knowledgeable Kiwi journalist when it comes to Afghanistan).  There is some serious brain power between them. Both are hard news gathers who eschew the official spin, both are very critical thinkers about issues of public policy, both have taken on both the government and mainstream media versions of important news, and both know how to string a few paragraphs together (which is more than can be said for many in the so-called journalism fraternity). In other words, the offer great value in terms of insight and analysis, which is what I believe was Russell’s hope when conceiving the show. Hence, I commend it to you if you are not already familiar with it.
Unions are to capitalism what opposition parties are to government.
In the debates about the proposed labour law reforms there appears to be fundamental misunderstanding or ignorance by National and ACT of the purpose of unions in capitalism. The latter are seen by NACT as at best a source of inefficiency and profit loss; at worst parasitic wealth destroyers. They appear to misunderstand that capitalism left to its own devices, with no collective counter-weight provided to workers, is akin to a political regime without opposition parties. That is, it is inherently an authoritarian status quo in which owners rule and workers obey. Thus, if we hold it self-evident that democracy is a better form of regime than dictatorship precisely because it allows for the existence of a freely organised competitive political opposition that can contest power and times compete for it, then we must also recognise that capitalism needs unions in order to be representative and fair to the society at large. The trade off between democracy and capitalism is exactly that: a diminished rate of exploitation in direct proportion to the measure of voice exercised by workers in pursuit of a fair share for all.
That is why unions were organised in the first place: to bring a subordinate group vehicle of voice and redress to the economic system. Whatever their very evident flaws (Leninist organisation, iron law of oligarchy bureaucratic rationales), unions provide a democratic counter-weight to unfettered capitalist exploitation. Just as it is preferable not to have a closed, unaccountable (or at least vertically unaccountable) oligarchical elite run the affairs of state, so too is it undesirable, from a democratic perspective, to have a closed, vertically unaccountable economic elite determine the social relations of production. If one believes in democratic capitalism, one must believe in a central partnership role for unions within it.
This is true whether labour-based or capitalist-oriented parties are in power, since in capitalist societies the material welfare of all is dependent on the investment decisions of capitalists. But capitalists need workers to realise their investment, and workers need to be productive for profits to occur. There is consequently a structural bias in favour of providing the working conditions and larger social context in which profitable production can occur over the long term. For that to happen workers need to accept the system as given, which is a function of them perceiving a partnership stake in it. That means a modicum of voice and representation. Democratic capitalists consequently understand the need to exchange super-exploitation and authoritarian control of the workplace for increased working class representation in both politics and production. In turn workers (and their political representatives) accept the capitalist foundations of society and the dominant role of capitalists within it (in other words, they forego a move towards socialism). This exchange is at the heart of democratic capitalism. Although negotiating the margins of the democratic capitalist social contract can occur depending on the nature of the government in power, “touching the essential” aspects of it is not.
Authoritarian capitalism offers many short term advantages to business, but it does not guarantee long term gains. Unmitigated authoritarian exploitation, be it in the workplace, politics or both, breeds resentment. Born of a lack of consent to the dominant system, resentment can be manifest in everything from petty acts of social defiance to industrial sabotage to revolution. Short term acquiescence may be bought with material rewards, but the long-term picture remains clouded so long as workers do not buy in to the system as given and instead resent their subordinate status in it. Absent mass consent and given the inevitability of working class resentment, the resort to the “weapons of the weak” negatively impinges on profit, if for no other reason then that the costs of repression grow larger the longer authoritarian control is maintained. After all, you cannot repress the same amount of people in the same measure over time. Â Since capitalists abhor uncertainty and seek stable rates of secure return, a peaceful, consent based socio-economic and political order is preferable to an imposed one. That gives economic utility to democratic capitalism.
In fact, where democratic capitalist systems work best (hegemonically, as it were), many if not most workers strive to become capitalists themselves (small businesspersons, at a minimum). They see themselves on a continuum of upward mobility based on workplace fair play and merit. Socialism is not their preferred option. The proof is in the mythos: is this not the Kiwi, Ozzie and American dream?
Here is where NACTs reforms and the demands of the employer class says much about their true orientation. They claim belief in freedom of choice and the benefits of market competition as the great levelers of social ambition. If that were true, then they would welcome workers to freely organise without legal constraint or negative repercussion because true market competition and workers freedom of choice would improve overall economic (labour) market efficiency. After all, according to their own logic, the market works best when all have equality of opportunity, and it clears best when all actors enter into the market exchange exercising their full potential as free agents involved in the mutual supply and demand of goods and services. So if workers exercising their free choice want unions, then more the better from a market perspective. Why put constraints on that freedom?
Yet in practice NACT seeks to place constraints on working class collective choice and voice so as to better exercise owner/manager prerogatives in the workplace. They are, in other words, hypocrites who do not really believe in the power of the free market or closet authoritarians out of ignorance (unlikely) or by design. Or both. No amount of political spinning can disguise that fact.
What is more, NACT does not appear to comprehend, from a cynical perspective, that allowing for unionisation, including union workplace access, while reducing limitations on the right to strike and collectively bargain across economic sectors can actually serve very usefully as an alienation device in which workers are led to believe that they are real partners in production in a system in which the fruits (surplus value) of their labour are appropriated by others (in a variant of Lenin’s “democracy as capitalism’s best possible political shell” argument). Although unfettered collective action has the potential to open the door to worker challenges to control of production, the reality is that in democratic capitalism private ownership is reified from birth to grave and most workers live with the dream of being bourgeois in culture and consumption if not employment. So whether cynically or sincerely committed to workplace democracy, enlightened capitalists understand the long-term political utility of union representation in democratic society. NACT and its business supporters appear to be anything but enlightened.
As I mentioned in my previous post on the matter (“The Blues Go Black”), the proposed reforms owe their inspiration to the Pinochet Labour Code. The question is whether NACT have the same view of unions as Pinochet and “Pepe” Pinera did, and if so, why do they make any pretense as to being democratic? Could it be that what we are seeing in NZ is the first attempts to turn the economic bases of the democratic social contract into something akin to unchecked elite imposition under manipulated electoral conditions?
Of Leaks and Conspiracies.
Wikileaks has scored another major coup with its publication of more than 90,000 official and previously classified documents on the Afghan conflict. I am of two minds on its doing so. On the one hand I see it as a valuable instrument of accountability, both as instrument for holding the people directly responsible to account as well as a future deterrent to others who might engage in unlawful acts or cover-ups during wartime. On the other hand, publication of the document clearly jeopardises the national security of the US as well as the ISAF mission, and does so on several levels. The bottom line is that it gives the Taleban, al-Qaeda, Pakistani intelligence (the ISI) and other rogue states very valuable insight into US military operations and intelligence gathering efforts. Depending on where one stands in the ideological divide, that can be very good or very bad news. I believe that in this regard it is bad news.
In publishing this classified information Wikileaks has made itself an enemy of the state in the US. In the measure that it uncovers other state secrets, it could well become an international pariah, at least among the Western states that is its main focus. This is ironic. Although Wikileaks has complained about harassment from US security agencies, it has not (yet) suffered direct retribution for its actions. But imagine if it published extremely sensitive classified military documents from Russia, China, Iran, North Korea or even Israel. We can safely assume, given these country’s past records on breaches of  and threats to national security, that the Wikileaks community would have very good reason to fear for their lives. In fact, there may be two reasons why Wikileaks does not publish on these states: 1) the amount of secrecy in them is far superior to that of the US and other Western countries; 2) Wikileaks is afraid to do so for fear of mortal retaliation. Put another way, Wikileaks targets the US not only because of its concern about US military misdeeds, because it knows that it can get away with it due to the more benign nature of democratic regimes (to include the US) when it comes to confronting non-violent security threats.
That raises an item of note. Wikileaks is successful because it has people within the US and other Western security agencies leaking classified information to it. This is, of course, a crime, since public dissemination of classified information without official authorisation is outlawed in all states. For example, I am bound by an oath I signed in the 1990s to not divulge, release or comment directly on the classified issues that I worked on during my stint in the Pentagon, and after 25 years have passed must request permission from the agencies I worked with before attempting to do so. The penalities for breaching this contract are long federal prison terms. Similar laws bind people working in security agencies throughout the world. Thus any leak of classified material is by definition a crime against the state.
Yet in Western democracies people of conscience or feeling remorse regularly turn to the media as well as public watchdogs and government accountability agencies to reveal classified information that provides evidence of official wrong-doing. In fact, many consider it to be a public duty for them to do so. In addition, the size of security agencies often makes hermetic secrecy impossible. The US has 1.5 million people with top secret clearances. From my experience in the Pentagon and elsewhere, individuals often take home, either deliberately or (more often) inadvertently, classified work papers that are part of their normal desk load and which do not have the strict records controls of documents classified as Secret Compartmentalised Information (SCI) or higher. Between the two types of mishandling–deliberate leaks and misadvertent transfer–the US security apparatus is a huge porous sieve. The fact that a single US Army private provided the documentation (and video) on the Iraq helicopter assault on journalists and the Afghan war dossier proves just how far down the chain of command sensitive information flows. Imagine if it were a colonel or general who decided to pass along his secure file cabinet worth of documents! In fact, I am surprised that it was someone so far down the totem pole who managed to get so much information out of the system and into Wikileaks’ hands.
Which brings up the issue of purported US government conspiracies, those about 9/11 in particular. Unfortunately, due to some writing and public commentary I have made on 9/11, I have had to deal with conspiracy theorists who believe that it was an inside job, Zionist conspiracy, controlled demolition, rockets rather than planes involved, even holograms rather than the real thing. Some of these otherwise apparently sane people truly believe that the US government conspirators orchestrated the whole thing so as to launch the war on terrorism in a quest for complete global domination. Some even see a link between the JFK assassination, the fake moon walk and 9/11.
Well, I have two things to say to these folk. First, if the “9/11 as part of a drive towards global domination” scenario is true that those plans sure as heck are not working out too well. Second, in a context is which no secrets are safe, in which leaking has become an art form, is it really possible that the US government has been able to enforce one hundred percent secrecy at all levels of operation on the planning, execution and cover-up of the supposed inside job? Is it rational to think that not a single person involved in this monumental plot, which would have involved a cast of thousands, would not have come forward by this point with direct evidence of a conspiracy? Would Wikileaks not have received something along those lines by now?
Blog Link: National Cuts and Runs.
Recent events strongly suggest that in spite of its supportive rhetoric, National is planning to withdraw the NZDF commitment to the International Security Assistance Force (ISAF) in Afghanistan as early as next year. Rather than just state why it has decided that the fight is no longer worth fighting, National is attempting to mask the decision by saying that it would “consider” continue the NZSAS deployment past March 2011 and that it might slow the NZDF withdrawal from the Bamiyan Provincial Reconstruction Team as part of the larger timetable for ISAF troop drawdowns that extends to 2014. But actions speak louder than words and National’s decision to not honour Australia’s request for 50 NZDF personnel to serve as police trainers in Oruzgan Province as replacements for departing Dutch troops is a clear indication that it believes the mission is a failure. So the writing is on the wall.
Whatever the merits of the Western involvement in Afghanistan, this decision sends some interesting signals to allies and disinterested parties alike. I explain my view of the subject in the July 24, 2010 issue of The Listener.
Countering threats as a growth industry.
News that the US has a network of over one thousand agencies employing more than 800,000 people involved in counter-terrorism efforts comes as no surprise. The post 9/11 reaction to the threat of armed Islamicist extremism by the US government was as visceral as it was knee-jerk, with a blanket call put out to increase every aspect of the country’s counter-terrorism capability. From intelligence gathering to emergency response and everything in between, counter-terrorism agencies proliferated from the local to the state to the federal level, as did the number of private firms engaged in direct counter-terrorism efforts as well as support roles.
But there are problems with this expansion, and it is not just the waste of resources associated with the duplication of functions and overlapping of roles that comes with it. Nor are the problems confined to the US. Let me list a few.
Around the world concerns about terrorism has seen the expansion of government security apparatuses dedicated to fighting it. Intelligence agencies, police forces and the military of virtually all Western states, to say nothing of those in the Sunni Arab world, Africa, Asia and the Antipodes, have increased the amount of resources directed towards countering potential terrorist threats (South America is the exception to the rule because traditional inter-state rivalries and the lack of Islamicist grievances in the region have led authorities to focus attention elsewhere). In New Zealand, for example, both the Combined Threat Assessment Group (an inter-agency combine that analyses intelligence flows and threat assessments from such as the SIS, Police, NZDF, MoD, Immigration, Customs and Foreign Affairs) and the Counter Terrorism Tactical Assault Group (CTTAG, a combined military and police specialist unit trained to respond to terrorist incidents) were created after 9/11. Similar agencies now litter the state security landscape throughout the world.
Along with the proliferation of agencies comes increases in their funding and personnel, and more perniciously, the scope of their responsibilities. Again, in New Zealand this is evident in the Terrorism Suppression Act (TSA), which is modeled on similar legislation in the UK and US and which gives broad powers to the government to infringe on basic civil liberties in its efforts to detect and stop suspected terrorism-related activities on NZ soil. The same goes for the Search and Surveillance bill now before parliament. In the US the so-called Patriot Act, which is still in force, grants US security agencies broad powers of arrest and detention on the mere suspicion of terrorism-linked behaviour. The expansion in both the number and legal authority of counter-terrorism agencies has been facilitated by politicians who, in an effort to not look weak on the issue of terrorism, approve budgetary increases and laws that fuel the growth of the counter-terrorism industry. In the post 9/11 rush to promote security, only a few brave politicians have attempted to resist the trampling of civil rights that the expansion of the security apparatus inevitably entails.
Besides the obvious problems that come with the “squeezing” of civil society by the security state (since the expansion of the state’s counter-terrorism powers come at the direct expense of the right to privacy and presumption of innocence), there is another downside that needs to be considered: the construction of threats in order to justify the existence of counter-terrorism networks. What is more, this phenomena extends beyond government security agencies and into private enterprise and academia.
In order to justify their existence, security agencies have to be able to identify and counter threats. In some countries the threats are real, as is the need to thwart them. But in much of the world the threat of terrorism is no more than it was in the 1990s, 1980s or 1970s. One such place is NZ. In these countries security agencies have a bureaucratic self-interest in identifying “threats,” because if there are no new threats then the rationale for their role and resource expansion goes out the window. Thus in 2005 the NZSIS identified “home grown jihadis” as the gravest security threat to NZ. A year later it dropped all reference to local Islamic extremists and highlighted foreign espionage networks operating on NZ soil. The following years have seen it highlight foreign-based computer hacking and industrial espionage as sources of concern. Each year appears to bring with it a new threat, even as the others are quietly dropped from annual reports.
Along with state security agencies conjuring up or exaggerating threats, so has an army of private security firms, including open source intelligence providers, security guard outfits and private military corporations sprung up to take advantage of the post 9/11 climate of fear. They bandwagon with state security agencies to emphasize the dangers of terrorism and other threats so as to nurture a client base for their services. The infamous Blackwater (now known as XE) private military corporation is an example of a “one-stop” private contractor that has its own intelligence, airborne, naval and ground units ready to serve both public and private clients for handsome fees (one of their latest ventures is in anti-piracy operations).  Thousands of other such firms now dot the global security landscape, all emphasizing the dangers of  the threat environment in the pursuit of profit. Not only does this industry work neatly with state security agencies’ agendas, but it further squeezes civil society in the measure that its surveillance capabilities and quasi-police powers increase as well.
Even academia is not immune from this trend. Over the last decade “counter-terrorism” centres have sprung up in dozens of universities world-wide. They receive their funding from governments, hold conferences, and churn out reports, books, even specialised journals that are dedicated to the subject (including “Perspectives on Terrorism” and “Terrorism and Political Violence,” although my favorite journal along these lines is “Small Wars and Insurgencies”). Here too the push is on to identify threats so as to justify continued funding. Places like Nanyang Technological University in Singapore, home of the S. Rajaratnam School of International Studies, have dozens of highly paid researchers working on counter-terrorism and threat analysis projects (including one analyst at RSIS who declared that NZ faced a domestic Islamicist threat without ever having been to the country). Since funding for its facilities and personnel is directly related to its threat analyses, NTU has a vested interest in helping ensure that the perception of the global and regional threat environments is that they are variegated and “dense.” NTU is certainly not alone in pursuing the counter-terrorism dollar–this is a world-wide trend.
And of course, there are the countless terrorism “experts” that have sprung up as analysts and talking heads in the corporate media. No matter how tenuous their qualifications for discussing issues of threat posed by terrorism and irregular warfare groups, these pundits materially benefit from the exposure afforded to them by the sound-bite crowd.
Which brings up the thought for the day. Threats to international and national security do exist and terrorism is real. But pragmatic threat assessment and better use of extant security agencies and criminal law to counter terrorism have been overwhelmed by the urge to manipulate the impression of threats for individual, corporate, bureaucratic or political gain. That in turn has seen a shrinking of the civic space and private sphere in inverse proportion to the expansion of integrated (private-public) national security networks.
When money combines with a climate of fear, impressions of threat can be manipulated (if  not invented) in order to pursue profit or bureaucratic power. Threat manipulation in pursuit of corporate self-interest and the expansion of state security apparatuses poses a serious risk to democratic society. In another life long before 9/11 I participated in actual threat assessment exercises for the US government. The ethos then was to call things as they were, objectively, so as to not allow political agendas or ideological bias to divert resources away from real dangers. Now that logic has been reversed: threat mitigation is seen as a potential source of income and power, with the more threats identified the more resources will be directed towards them by political elites and a fearful public. By that logic, counter-terrorism is the mother of all cash cows, and as NZ prepares to host the Rugby World Cup, we can assume that there will be plenty of interested parties working hard to milk it regardless of the real threat environment in which the tournament is held.
The Blues go Black.
The announcement that National will undertake labour legislation reform has revealed the dark side beneath its happy face veneer. Riding high in the polls and 14 months before having to call an election, the Key-led government has dropped its populist pretense and unveiled its anti-worker credentials with the thrust of its proposed reforms. It also violates a 2008 campaign promise not to substantially revise the Employment Relations Act (ERA). In fact, the reforms are a return to the old Employment Contracts Act (ECA), one of the most draconian, overtly authoritarian pieces of labour legislation seen in the modern liberal democratic world. Rather than address all of the proposals, to include making dismissals easier, narrowing the scope of personal grievance claims and extending the 90 day probationary period to all industries, I would like to focus here on just one: the proposal that unions must secure the permission of an employer before accessing a work site.Â
Due to the asymmetric power relationship between employers and workers, collective action is the best way for the latter to secure rights and protections within the productive process. Collective action requires organisation, and the ability to organise is contingent on the ability of prospective agents to access workers in an effort to persuade them to act collectively in defense of their common interests. Access does not mean compulsory membership or even recruitment success. It just means that prospective collective agents have the ability  to approach workers at their work places in an effort to organise them collectively.
Under International Labour Organisation Convention 87 on freedoms of association, such access is defined as an absolute democratic right for both workers and agents. In fact, it is a cornerstone of most democratic labour legislation that employers not have the right to interfere with the right of workers to organise, including organisation efforts by collective agents such as unions. Thus National’s proposal that unions must secure employer consent before approaching employees on a work site, and that such consent must not be withheld “unreasonably” (with the definition of reasonable left purposefully vague), is a direct violation of one of the most cherished international labour standards.
There is a historical precedent for this move, and that is where National’s real darkness shows. The 1991 ECA entered into law by the Bolger government had exactly such provisions. In 1993 the ILO upheld a complaint that the ECA violated convention 87 on rights of association as well as convention 98 on freedom to bargain collectively. The Bolger government ignored it and it was not until 1999, after the 5th Labour government came into office, that the more egregious anti-worker sections of the ECA were eliminated in the revamped ERA.
National’s black side runs even deeper. The ECA explicitly borrowed many of its provisions directly from the 1979 Chilean Plan Laboral. The Plan Laboral was the Pinochet dictatorship’s labour code, and was championed by its then Labour Minister Jose “Pepe” Pinera, the father of the current Chilean president. Under the pretense of promoting “labour market flexibilisation,” the Plan Laboral was an outright assault on the Chilean union movement, using both structural as well as politically-focused clauses to atomise the Chilean working class and forever break union influence on economic decision-making. To a large extent, and even with subsequent reforms by successive post-Pinochet democratic governments, it largely succeeded in doing so.
Pepe Pinera, somewhat unsurprisingly, was a friend of Roger Douglas and made regular Business Round Table visits to NZ in the 1980s and 1990s before his death. Ruth Richardson, the main instigator behind the ECA, was also an admirer of Pinera. These two individuals, with their direct and immediate past dictatorial connections and coalition relationship with National, are believed to be the prime movers behind this attempt to return to the ECA as the framework in which the social relations of production are determined. In other words, National is proposing changes to the labour relations system that have their origins in the Pinochet dictatorship, and which were suggested by people with direct links to that dictatorship. Beyond the violations of ILO convention 87, that alone should give reason for concern.
Hence, while some of the other proposed reforms can be the topic of honest debate keeping in mind where the balance between efficiency and fairness in production should be located, the attempt to curtail union access to workplaces is an overt assault on working class collective rights. This proposed clause is not about getting unions to ring employers up in order to make an appointment to see employees. This is about shutting them out.
It remains to be seen if this time around the CTU and other mainstream unions will offer more than token resistance to these proposals (as was the case when the 90 day probation period was introduced). It also remains to be seen if the NZ working classes will do anything other than bow meekly to the powers that be. But if ever there was a moment to rise up against the resurgent union-busting, anti-worker tide, that time has come. Remember: the reforms embodied in the ERA where at best minor adjustments meant to “humanise” the ECA. But the thrust of NZ labour law under the ERA was by no means a bold step towards worker’s control of production, and in fact retained much of the pro-business biases of its predecessor. Thus the current labour reform proposals are very much about putting the boot into the working class, and the union movement in particular.
It may take defection from mainstream, Labour-affiliated union ranks to more independent and militant unions for any effective resistance to happen, but whatever the case, if the worker’s movement stands silent on this one, then further rollbacks of worker’s rights can be expected the longer National is in power. For workers, those will be dark days indeed.