Category: Democracy

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Unnoticed guests.

The Inspector General of Intelligence and Security (IGIS) recently released a report in which he exposes the existence of a foreign intelligence partner-controlled technological “capability” inside the headquarters of the GCSB, NZ’s 5 Eyes-affiliated signals intelligence collection and analysis agency. The memorandum of understanding (MOU) governing the way in which this “capability” was used was negotiated from 2008 through to 2012, and the system went operational in early 2013. It continued to do so until 2020, when it supposedly suffered a systems failure and the equipment was removed.

The IGIS became aware of its existence while investigating an unrelated, different foreign partner-operated “capability” in the GCSB in recent years. What he found about the 2013-2020 “capability” was troublesome on several levels.

At a broad level, the IGIS appears to have indirectly confirmed what Edward Snowden revealed when he defected and leaked thousands of classified documents to investigative journalists in 2013. Those documents included descriptions of signals intercept programs such as XKeyscore, Speargun, Cortex and Prism, all of which were unknown to the public or most political leaders at the time and one of which may be the “capability” in question.

Negotiations over the MOU and entering into service of the “capability” occurred during the first two National-led Key governments. Key was the Minister for Intelligence and Security as well as PM at the time. The MOU assumed that the Minister of the day and perhaps cabinet would be informed of the “capability” following the “no surprises” policy in the Cabinet Manual regarding sensitive, controversial or security-related matters. The MOU specified that the GCSB would be informed of what the “capability” was doing in real time, what its end products/outputs were and to what purposes it was being used. The MOU was also supposed to be reviewed on a regular basis, but in fact it never was.

The “capability” was not a collection technology but an analytic mechanism to which the GCSB delivered collected inputs (intercepts) from a variety of sources. From time to time the foreign partner agency would send emails requesting “feed” settings changes on the “capability” that were done by GCSB personnel. The IGIS found evidence of 45 of these but believes there were more that went unrecorded due to faulty or patchy record keeping and, most troubling, the foreign partner agency unilaterally changing the “feed” settings on the “capability” from a remote location without notifying the GCSB.

That is just part of the problem. Whatever was intended to happen according to the MOU, in practice the Minister responsible for the GCSB–John Key in the first instance–was apparently never informed of the “capability’s” existence. Nor were any other members of the political leadership, even after the Intelligence and Security Ministerial position was divided into two (one responsible for day-to-day oversight and the other a a more general steering role). Worse yet, the senior GCSB leadership after 2013 were also kept in the dark about the “capability’s” existence. Some of that may have been due to the revolving door nature of the Director General’s (DGGCSB) position after the Kim Dotcom illegal spying fiasco of the early 2010s, where general “authorisations” were rubber-stamped by incoming DGGCSBs without paying attention to the details of what was being authorised. It is also possible that lower level technicians with hands-on roles regarding the “capability” assumed that middle management kept their superiors in the chain of command informed about the “capability” and its operational status when in fact no senior leader was the wiser about the system after in came on line. In addition, hosting of the foreign partner’s “capability” was within the law according to the 2003 GCSB Act regarding foreign intelligence sharing even if the GCSB leadership and political decision-makers were not informed about its presence. Everything was lawful and yet in violation of the MOU regarding the duty to keep Ministers and senior agency leaders informed.

Beyond that, problems remained. No legal framework or organisational protocols were developed regarding the “capability’s” usage. In fact, unlike another NZ intelligence partner country that had a similar technology installed on its soil, there was no institutional and legal frameworks developed by the GCSB and Crown Law to specifically govern the operation of the “capability.’ That meant that the “capability” was used without regard to NZ law and international legal commitments.

As an illustration of what could go wrong with this arrangement consider the following. The IGIS repeatedly mentions in his report the possibility of data from the “capability” being used for military purposes, targeting in particular. Even though “targeting” can refer to a number of intelligence-related activities beyond kinetic strikes against physical objects, the possibility remains that NZ hosted a technology that in fact may have been used to do so. Imagine a drone strike in Afghanistan using GCSB-collected data that was analysed and “packaged” by the foreign intelligence partner-operated capability located on NZ soil. Imagine that the drone strike wound up killing innocents as well as intended targets. That makes NZ culpable as an accomplice of war crimes because it was part of the kill chain even if it was not aware of being so.

That brings in the second troublesome aspect of the issue. Whatever the MOU intended, in practice the GCSB had no operational control over how the “capability” was used or what its end products were. Instead, it served as a type of maintenance engineer, maintaining the platform and changing “feed” settings on it upon request (and sometimes not even being aware that the settings were changed remotely). Evidence of the latter only became apparent when GCSB personnel noticed unexplained data outflows at odd times in which there were no setting change requests. Although this was discussed internally by those involved with the “capability,” it was never brought to the attention of the agency’s senior leadership, much less the Minister. It was only discovered by the IGIS during the course of his post-2020 investigations.

In effect, the problem with the arrangement governing the “capability” installed within GCSB headquarters in 2012 was two-fold: on an internal level there was no vertical accountability to their superiors inside and outside of the GCSB from those responsible for handling the technology. This is a gross violation of basic principles of democratic oversight of intelligence operations, where senior intelligence professionals and the decision-making politicians elected by the public are supposed to take responsibility for whatever choices are made regarding intelligence matters. In this instance both the political and civil service leaderships were ignored by their GCSB subordinates, who ran what could be called a type of “dark” operation within an already opaque agency when it comes to revealing or acknowledging its activities.

The second problem is one of sovereignty. The GCSB hosted a foreign espionage platform operated by an intelligence partner country without any meaningful level of scrutiny or control, legal or practical, over what that platform did. The GCSB knew about its technological attributes but little more, and certainly knew nothing about its uses and end products until, at best, after the fact (in just one instance as far as the IGIS could determine). Although the IGIS report does not mention the possibility, it is known that US personnel are regularly stationed at GCSB facilities and, according to the report, were involved in training GCSB personnel in the operation and maintenance of the “capability.” If US (presumably NSA) officers were inside the GCSB and involved in running the “capability” without the knowledge of GCSB leaders and the Intelligence and Security Minister, then the infringement on NZ sovereignty was great.

Think of it this way. Imagine that the CIA sent an undercover officer to work from within the SIS on a project tasked by the CIA. Although the MOU governing his/her work stated that the SIS would know about his/her activities and regularly review them, the SIS had no idea what the CIA officer did although it regularly provided him/her with various spycraft tools of the trade. The CIA officer answered and provided human intelligence to the CIA, which did not share with the SIS how the intelligence was used or what its end product or output was. The SIS “handlers” of the CIA officer did not inform their superiors about his/her presence and no one told the responsible Minister that s/he was even in NZ. How would people react to such news? Well, that is what has been revealed about the GCSB foreign “capability” program from 2013-20.

The irony is that had the “capability” been revealed to the responsible Ministers and GCSB leadership it would have most likely been approved given the nature of the NZ governments during that period and importance of NZ’s relationship with its 5 Eyes partners. Or, given how he governed, perhaps John Key told the GCSB that he did not want to know about sensitive operational matters because it gave him plausible deniability when asked about them. Maybe there was a bit of truth in both possibilities. Who knows?

Another interesting aspect to this story is that it is very possible that the “capability” was installed at the GCSB headquarters in Wellington because NZ’s looser intelligence and security laws at the time made it easier for the foreign intelligence partner to circumvent its own laws regarding certain types of signals intercept collection and analysis. The Snowden leaks detail instances of “bulk collection” and other types of whole-scale metadata gathering that much like some types of mass surveillance violate the right to privacy and presumption of innocence in most democracies. The IGIS report actually mentions metadata collection, albeit without specifics. It is therefore possible that the foreign intelligence partner took advantage of NZ’s looser oversight and legal control regime in order to do what it could not do at home.

One positive discovery by the ISIG was that as far as he could tell the “capability” was not used on NZ citizens or permanent residents. That reinforces the notion that the targets of the “capability” were foreign as well, military or not. Again, Snowden’s leaks alluded to this.

When the 2017 Intelligence and Security Act was promulgated, which superseded previous legislation like the 2003 GCSB Act and brought various legal artefacts into one body of legislation, things appear to have begun to tighten when it comes to internal oversight mechanisms within the GCSB and the SIS. Former GCSB Acting Associate Director General (and later SIS Director General) Rebecca Kitteridge and former Inspector General of Intelligence and Security Cheryl Gwynn were instrumental in this regard and met concerted resistance from the “old boys” ranks within both agencies. Although they resisted so-called “bureaucratic capture” by spy agency “old boys” institutional inertia was great and it ran against them. They made significant inroads when it came to reforming institutional culture and practices, but much more remains to be done.

Here the troubling aspect is also double-sided. One the one hand the culture of impunity within these agencies continues to exist, even if in diluted form. The IGIS had great difficulty obtaining records, documents and truthful statements about and from those involved with the 2013-20 “capability.” Even after leaving the GCSB, some claimed to not recall its existence even though they were directly involved with it. This indicates that they are more loyal to each other and their foreign partners than to the governments of the day and the people who paid their salaries when in government service. Wellington, there is a problem.

The second difficulty is that for all the tightening of internal oversight mechanisms, there still is no effective external oversight of the NZ intelligence community, and particularly of operational agencies like the GCSB and SIS. The parliamentary committee on Intelligence and Security remains a toothless gab-fest with no powers of compulsion under oath or any other other form of disciplinary enforcement powers levied on intelligence agencies for a lack of institutional candor or cooperation. Legal punishments for these agencies for breaking the law are limited to small fines and no personal punishments. That means that the bureaucratic culture of impunity within some elements of the intelligence community is rewarded rather than constrained because, quite frankly, agency personnel can get way with things that the rest of us cannot because they are the so-called “keepers of the secrets.”

As things stand, as far as the IGIS report mentions none of those responsible for managing the “capability” have been held to account or disciplined in any way. The suggested agency reforms proposed by the IGIS, all accepted by the GCSB, do not address the issue of individuals discipline or accountability. It seems that impunity is its own reward.

This extends to their incompetence. One of the provisions of the Royal Commission on the Christchurch terrorist attacks was that no one within the intelligence and security communities would be held responsible for failures of a personal or institutional nature. This was supposedly done to encourage people to talk freely about what was and was not known in the lead-up to the attacks, but instead what resulted was a highly sanitised whitewash of bureaucratic and personal responsibility for the intelligence failures that facilitated the carrying out of one of NZ’s worse mass killings in modern times.

In effect, the story about this foreign intelligence “capability” secretly operated from within the GCSB is one about violation of basic principles of democratic oversight of intelligence agencies, of an abdication of sovereignty to a foreign power when it comes to intelligence collection and analysis, and above all, of an ongoing culture of impunity within NZ intelligence agencies that do not appear to have learned the right lessons from the Zaoui, Dotcom or March 15 cases when it comes to behaving ethically and taking responsibility for the actions or inactions taken on their watch.

Which begs the question: in spite of all the post 2017 tightening of internal oversight mechanisms, will it be a matter of when not if before history repeats when it comes to an intelligence agency scandal?

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Two offenders, different treatments.

See if you can spot the difference.

An Iranian born female MP from a progressive party is accused of serial shoplifting. Her name is leaked to the media, which goes into a pack frenzy even before the Police launch an investigation. She resigns from parliament, declines to seek name suppression (what was the point?) and eventually pleads guilty to several charges of non-violent property crime involving goods worth less than $9,000 (which is a cut-off standard for sentencing purposes). Her court appearance is the lead story in most media even though there are a couple of major wars and several famines occurring, to say nothing of a number of developments in NZ politics and society that are a bit more significant than the travails of a troubled individual. She and her disgrace are headline news in NZ.

On the other hand there is a male Pakeha “senior political figure” in a rightwing party who during the course of a fraud investigation had someone come forth accusing him of serial sexual offending. Eventually the number of charges grew to nine involving at least two victims. He resigned his senior party position once the fraud investigation heated up, and then he was charged with the sex offences. The offending is historical and related to a well known volunteer service organization in which he held senior leadership roles and was involved with young people in a mentoring role. The judge assigned to the case granted him and his party name suppression in 2023 because, among other things, disclosure of their identities might have a negative impact on his party’s chances in the 2023 election. The judge ordered that the suppression order be reviewed after the election.

The election happened six months ago. No review of the suppression order has been undertaken. The trial of this person has been put off until August 2024. As far as I can tell (am happy to be proven wrong), the media have done nothing to find out why his name suppression continues. The Leader of his party has been asked directly about the case and answers by talking about contempt of court. Worst yet, the media has not asked questions as to why a judge would introduce explicitly political criteria into a decision to grant name suppression in light of the seriousness of the charges, which involve physical sexual assaults on minors. During the build up to an election.

I asked these questions in a series of social media posts. I respected the name suppression order but spoke about the background of the case. Although I received many positive responses I also received a number of veiled threats that I was violating the suppression order by alluding to this man, even obliquely. That is besides the fact that his offending is an open secret in the volunteer circles in which he was a prominent figure, his party affiliation and former role is common knowledge in political circles, and his name has been disclosed in a number of social media outlets and even mentioned in parliament (which even if done under parliamentary privilege and struck from the written record, lives on in the video archive of the debates at the time of his mention). I am told by these critics that it does not matter if others have previously spoken of him in direct terms and that I am liable for up to six months in jail for my “criminal offending” (exact words). If so, I am going to have to get in the back of a long que of criminal offenders and the taxpayers are gong to have to fork out a fair amount of public money having the Crown prosecute us. Selective prosecution, say of me, would only worsen the situation when it comes to the appearance of (at a minimum) Crown bias and (at worst) judicial integrity and neutrality.

I suspect that the threats of legal retribution are coming from within this fellow’s political party. The concern is more about protecting him and the Party rather than seeking justice for his alleged victims or adhering to judicial standards about protecting victims and presumptions of innocence. Plus, the threats have a sort of finger-in-the-dike quality to them, as there will be a flood of coverage once the legal circus hits the road. That is, assuming that things ever get to trial and some sort of pre-trial agreement in not reached (which I think is possible at this point. The trouble with any such deal is that it will likely include some form of permanent name suppression in exchange for a guilty plea to some of the charges).

However things end up, there remains a deeply troubling aspect to this study in contrasts. The first is the media’s behaviour. It involves the hounding the former MP-turned private citizen on the one hand, and the ignoring of the other case almost entirely. This follows a media pattern of going after female progressive politicians for their indiscretions while largely soft-peddling similar behaviour from male politicians. Moreover, it is not as if name suppression prevents intrepid reporters from digging into the larger story of the male senior political figure in more depth, even if as background to the coverage of the trial when it happens (there is plenty of coverage from 2021 to last year). The media double-standard is stark: young female progressive gets the full “cameras in the face and shouted questions” treatment, whereas when it comes to this alleged Pakeha male serial sexual predator, there are nothing but crickets.

Even so, the worst part of this sorry dichotomy is the use by a judge in a criminal case of overtly political criteria as a factor in granting name suppression for a defendant–specifically the possible impact on a political party’s election chances if one of its senior member’s name is released before the election after being charged with sex offences. In my view political considerations simply should not be a criteria for name suppression, ever, and even more so if it involves a senior leader of a party about to contest a national election. That the ruling went unchallenged (as far as I know) and that the media did not question the rationale behind it is a disgrace. It brings the neutrality and/or judgement of that judge into question and opens the door to doubts about equal standards of justice in NZ. Even the appearance of anything other than impartiality and neutrality is a stain on NZ’s judicial good name, and this decision does not look good.

I understand that name suppression orders are designed to protect victims as well as the reputations and livelihoods of people accused of crimes (the sex charge defendant’s name was also suppressed because it was accepted by the court that he could not find a job if his name were revealed and he could therefore lose his house). But in this case the victims are now adults, at least some have come forward already, the defendant has been identified in a fraud investigation involving that voluntary organisation as well as in parliament, multiple face-blurred photos of him have been published that are no impediment to identifying him (especially the ones in which he appears more than once in a distinctive shirt at the fraud and sex charge hearings), and the elections are over and done with (his party did well in them and is now part of government). None of what I have said here or in other fora adds any new light on his identity. It is out there for those who are interested in finding out.

What I have done in this and the other posts is pose an open question about media double standards and judicial neutrality in his case. As I said elsewhere, something smells, and it is not the aroma of purloined boutique shop designer brand merchandise.

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Another Brief on Intelligence Matters.

Although my son is still in hospital he is recovering well and should be sent home soon. We dodged a bullet thanks to the Starship medical staff.

While at the hospital a reporter from one of Argentina’s oldest and most influential papers got in touch with me to discuss the case of the Russian double agent (for the UK) Sergei Skripal and his daughter, who were poisoned some years ago by Russian agents but survived and then disappeared. Some time ago they were reported to be hiding in NZ and I was asked about that by various media, and the Argentine reporter had seen some of the news coverage that mentioned me. He was most focused on the details of the case and whether the the Skripals could still be in NZ if they ever were. But before that he wanted a primer on intelligence operations. Here is the Q&A in English.

Why do countries spy and why do they react negatively to being spied upon? What is intelligence collection and what type of people are selected to become intelligence agents?

Espionage and intelligence-gathering is rooted in human nature. Humans fear uncertainty, and a way to diminish uncertainty is to gather information about uncertain subjects, be they economic, military, natural, political or social. It helps determine intentions as well as capabilities or other factors otherwise unknown. From that intelligence-gathering, knowledge is achieved and uncertainty is diminished. And if it is true that knowledge is power, then power is enhanced by intelligence-gathering.

Intelligence collection and analysis comes in three forms: human intelligence, signals/technical intelligence and open-source intelligence. Human intelligence refers to human collectors, i.e. intelligence agents of the State and non-State actors (say, private security firms or investigators) who collect information from personal observation, interactions and exchanges with people in a designated functional areas, regions or countries. State intelligence agents work in two ways. One is under the protection of a diplomatic passport. Known as “official cover” agents, this includes military attaches as well as other diplomatic personnel whose activities are recognised by host countries but which often extend beyond the official remit outlined in their credentials. If caught and accused of espionage, official cover agents are detained and deported as per diplomatic protocol (that is, they received diplomatic immunity).

Non-official cover (NOC) agents are what are traditionally known as spies. They are the stuff of cloak and dagger stories but the reality is a bit more mundane in most instances. They work under the cover of assumed names, aliases and occupations, for example as businesspeople, academics or developmental aid workers, among many other “covers.” If caught, they are subject to the full penalties of the jurisdiction in which their offenses were committed and where they are charged (including being subject to the death penalty in many countries). They receive no diplomatic immunity. The outed US spy Valeri Plane (outed in 2003 by the W. Bush administration as revenge for husband refusing to go along with their lies about Iraq having nuclear weapon precursor yellowcake stockpiles), who used a job as a petroleum executive as cover for her espionage activities in the Middle East, is an example of such a so-called “NOC.”

NOCs tend to work in a highly compartmentalised or “siloed” manner, dealing with one agency liaison up the collection chain and putting degrees of separation between the down-chain primary source contacts (informants who may be conscious or unconsciously helping the NOC and be paid or unpaid depending on who they are) in order to maintain tight operational security. The means of feeding intelligence up the chain are many, involving technical tools as well as personal interactions.

There is a sub-set of human intelligence agents that might be called “hunter-killers.” While all human intelligence agents will be trained in things like surreptitious entry, lock-breaking, concealed observation (static and in motion), eavesdropping and other such tradecraft, the hunter-killer sub-set includes assassination in their repertoire. The lethal means can include a range of tools, to include poison, blades, firearms, explosives or armed unmanned vehicles (for example, the CIA has its own UAV fleet, as does Mossad, among others). The individuals who engage in this type of activity are, at least when tasked to do such things, not true spies in the proper sense of the term since their focus is not on obtaining information but on acting on information previously obtained, although they may work in partnership with official or non-official cover agents because their priority focus is on tracking and eliminating targets. They are essentially assassins, although they may even engage in broader combat activities depending on circumstance. Intelligence agencies maintain paramilitary units for such purposes, and they can be embedded in or along with military forces. Given the threat environment in which a State operates and the nature of the adversaries being confronted, the number of hunter-killer agents, units or teams may be large or small. Israel has a large number of such people. The US has a fair number. New Zealand has none, as far as is known or admitted. In general and as can be expected given the nature of their rule, authoritarian regimes use hunter-killers more than democracies.

The ideal human intelligence agent must have a calm and even temperament, be able to display coolness under pressure, be resourceful, have a keen sense of curiosity and ingenuity when problem-solving, have the ability to think laterally and “out of the box,” and have a capacity to “silo” or compartmentalize their work so that their real work life as intelligence collectors is undetectable in their personal, public and private lives. They must be able to ward off being compromised, be it sexually, financially or socially. They must be able to keep a secret and rationalize their personal morals and ethics with their professional ethos and obligations. They must have a deep sense of and commitment to public service (service to the State on behalf of the Nation).

Selection to become a human intelligence agent varies from country to country. Along with the traits mentioned below, in authoritarian regimes party and personal loyalties to political elites are a significant factor in recruitment and selection. In democracies, they are not. Modern intelligence agencies in democracies maintain professional standards for recruitment and promotion that are neutral when it comes to partisan and personal politics. They use advanced psychological testing to determine a candidate’s fitness to serve. These include cognitive, physical and intellectual testing, often involving real-case scenarios in which a candidate is placed in a pressure situation in order to evaluate their decision-making capabilities. Once a candidate has been accepted into service and learned the tools of the trade (“spycraft”), they are matched with a suitable cover profile and trained in how to maintain that profile in the field (be it as a diplomat, military officer or undercover agent). There are variations to this scenario but the overall thrust is very similar in most developed States, and in fact in some instances (5 Eyes) intelligence agencies have exchange programs for officers from allied States in order to improve professional standards amongst them.

Question Two: It is said that Russia prefers human intelligence collection whereas the US and UK prefer technological means. Is this true and if so, why?

During the Cold War and the first 20 years of the post-Cold War environment, the US had a great advantage in signals and technical intelligence (SIGINT/TECHINT), moving far beyond the early 20th century techniques of eavesdropping on phones and/or in public and private places or using radar, sonar or advanced photographic techniques. It expanded the SIGINT/TECHINT collection domain to include space and submarine collection capabilities as well as sophisticated electronic and technical collection platforms using infrared, acoustic signature detection, computer intercepts and then cyber-hacking. As a result, it placed less emphasis on human intelligence collection, in part because it is a US cultural trait to believe in the superior benefits of advance technologies in everything from kitchens, cars and television to warfare. As a result, as of the 1970s the US diverted intelligence resources and focus towards signals and technical intelligence collection to the detriment of human intelligence collection. Also remember that CIA activities in Chile, Indonesia, and many other places had placed a stain on the reputations of field agents and undercover officers involved in those activities, so the move away from human intelligence collection was an expedient way of getting out of the unwanted limelight.

As a result, human intelligence collection (HUMINT) was maintained  but in diminished numbers. Given the changing priorities of the post-Cold War geopolitical environment, it left an unbalanced focus on post-Soviet dynamics without a shift to emerging threats such as ideologically motivated non-State actors like al-Qaeda.  For that HUMINT work the US increasingly relied on Israel and other allied countries. The emphasis on SIGINT/TECHINT was reproduced and compounded by the 5 Eyes network, which created economies of scale in that form of intelligence gathering that began to dominate the overall information acquisition process in their respective communities even if human intelligence agents were tasked with following up on information obtained and gleaned by SIGINT/TECHINT means by any of the partners.

The problem with over-emphasising signals and technical intelligence collection is that it often cannot discern real intent by separating bluster and idle talk from a commitment to action. Operational security counter-measures can also thwart effective SIGINT/TECHINT collection. In addition, the trouble with relying on partners for human intelligence collection and analysis is that the intelligence comes “filtered” by the interests of the sharing State, not all of which are exactly coterminous or identical to those of the US (and vice versa for its partners). In recent years the US has revived its human intelligence programs, but they are playing catch up when it comes to recruiting people with the appropriate language, social, cultural and personal skills to operate under deep cover (or even officio cover) in foreign environments. People with backgrounds in anthropology and sociology are high value recruits, but the number of them are small when compared to the amounts of subjects/targets that need covering.

As an example, when 9/11 happened the US military intelligence is reported to only have 3 Arabic speaking linguists in their ranks. NZ human intelligence (the SIS) had none, and even with the recruitment of Muslim, Chinese and Polynesian New Zealanders in recent years, it lags far behind when it comes to people with the requisite skills to undertake both official cover and NOC work given the threat environment in which NZ now operates.

As for the Russians, the situation was different. Because the Soviet Union/Russia and the PRC were considerably behind the US when it came to signals and technical intelligence well into the 1990s, they both emphasized and put resources into human intelligence collection. For decades even that form of intelligence collection was limited to internal intelligence and counter-intelligence (for example, against counter-revolutionaries, some of whom had foreign backing) and in their near abroad or against strategic adversaries (the US and its major allies). Over time the human intelligence capabilities of the USSR and later Russia expanded to have a global reach, something that China has emulated today. Other countries such as Israel have developed similar capabilities, using Jews in the diaspora as collection agents (known as “sayanim”). 

However, in the 21st century both Russia and China have put much effort and resources into developing state of the art signals and technical intelligence collection capabilities Although they do not have the economies of scale available to the 5 Eyes Anglophone signals intelligence network, they have developed sophisticated capabilities of their own. The advent of social media has facilitated and accelerated this effort, something seen in the disinformation and misinformation campaigns undertaken by the Russian signals intelligence agency, the GRU, against Western democracies via the work of dedicated units such as the Fancy Bear cyber-hacking group that interfered with and continues to interfere in US and other democratic elections while promoting socio-political discord and right-wing conspiracy theories (including in NZ).

Hence, while it is true that Russia has traditionally favored human intelligence collection methods, to include hunter-killer activities, that is no longer the absolute case. Both it and the PRC have a very expansive and sophisticated signals and technical intelligence capabilities, including in space, in the atmosphere, on land and under the sea.

Examples of technical and signals intelligence collection include photographic and thermal imagery from space, submarine interceptions (“tapping”) of undersea communications cables (such as by the PRISM system used by 5 Eyes), airborne photography, jamming and early-warning detection, metadata targeted and bulk collection of internet communications, and acoustic “reading” of vibrations from interior conversations on exterior surfaces such as windows. Plus all of the old fashioned techniques such as telephone wiretapping, coding and decoding, encryption and decryption, etc. Artificial Intelligence has been used for some years now even if the commercial applications have only become operational in recent times, and is set to become a dominant means of extracting actionable intelligence from vast quantities of data as well as more rapidly recognising, analysing and filtering threat assessments and other intelligence priorities.

Questions 3 and 4: How does UK intelligence operate and why does it treat intelligence gathering differently from espionage?

Before delving into the specifics of the question, allow me to note that oversight and regulation of intelligence operations and agencies differs greatly between democracies and authoritarian regimes. Authoritarian regimes use intelligence agencies for domestic espionage, paralleling or supplementing the work of police intelligence units that are focused on crime-fighting. In such cases the focus of intelligence agencies is on domestic political dissent, subversion, foreign agents (counter-espionage), and a number of other targets such as environmental activists and other non-conformists who the regime deems to be enemies of the State. Intelligence units are bound by their own internal rules and procedures, which usually are much looser than those in democracies. They also have para-military units of the “hunter-killer” type that are tasked with hunting down and eliminating opponents at home and abroad. The Skripal case is an example, as was the Operacion Condor network operated by the Southern Cone dictatorships in the 1970s. Authoritarian intelligence agencies and agents are not bound by the rule of law but by the boundaries set by the political (often military) leadership of the regime.

In contrast, intelligence agencies in democratic regimes operate according to the rule of law and constitutional principles. They are more restricted in their freedom or latitude of action. They tend to limit their domestic activities to counter-espionage and transnational crime with State or ideological connections, such as when monitoring and countering Hezbollah activities in the Tri-Corner region of Argentina, Brazil and Paraguay (where drugs, weapons an extremists congregate for mutually beneficial purposes). In general, however, domestic intelligence collection is a responsibility of the police or gendarmes, not intelligence agencies, who only work with the domestic intelligence units of the police and gendarmes when specifically tasked to do so and within defined legal authority.

Because of that intelligence agencies in democracies have a primary focus on foreign and transnational intelligence gathering and threat identification and analysis as well as counter-espionage. They are bound by numerous legislative and legal restraints on their activities and a system of checks via courts and other oversight mechanisms. Unless the circumstances are exceptional (say, a bomb about to go off in a crowded train station), they must adhere to civil liberties and other democratic rights accorded to the population. And even then they often need the authorization of a special court or judge in order to legally infringe on individual and collective rights and constitutional norms.

To be clear, these norms have been violated in many instances by spy agencies in liberal democracies, including in the US, UK and NZ, but if discovered they are liable under the law and can be held accountable by oversight agencies as well as legislatures (if the Executive will not act against them in such instances). Intelligence agencies do not operate according to the whims of the political leadership, but in accordance with and under penalty of law.

In terms of how the UK approaches intelligence matters, it conforms with the democratic model outlined above. It uses legal frameworks to determine the distinction between intelligence gathering by the British State, its allies and partners and even private parties like corporations, versus espionage by foreign States or British nationals working for foreign states or front entities (such as by and for Chinese firms and “friendship societies” connected to PRC military intelligence via “United Front” entities). Having a legal framework delimiting what is and is not permissible when it comes to intelligence collection and the means used to that end gives the British State (and other States in their own ways), legal cover and authority to disrupt and prosecute (often clandestine) intelligence-gathering activities deemed unlawful and illegal.

Put simply, in the UK and other democracies intelligence collection done under official cover is considered permissible up to a point. Intelligence collection done under non-official cover is considered espionage and punishable by law. If an official cover intelligence officer from a foreign embassy goes beyond his recognized intelligence gathering duties (say, by trying to poison a dissident in England), that person will be charged and a warrant issued for their arrest even if they are deported under rules of diplomatic immunity. If a Russian NOC attempts to poison someone and is caught, s/he is out of luck.

Espionage is what the bad guys do; intelligence collection is what the good guys do, and the legal distinction is there to preserve that fiction.

Question Five: Where are the Skripals?

The Skripal’s are likely in a 5 Eyes country. They need to be in a place where they can go relatively unnoticed, where security can be provided for them and where there are not many other Russians around unless those Russians are sympathetic to the Skripals and have been security vetted. They will be provided with fake identities and documentation and take language lessons to disguise their thick English/Russian accents. They will be coached on how to act under their assumed identities, for example, as a retired Bulgarian businessman and his middle-aged daughter who cares for him as per traditional custom. They could be located in a city without many Russians where they can disappear in the crowds or, contrastingly, in a rural area far from prying eyes. That depends on their personal characteristics. If they are urbanites then they would stick out in a rural setting and probably have difficulties coping, much less assimilating. Many factors will determine where exactly they are re-located and hidden from Russian intelligence.

Of course, they may be relocated to a non-5 Eyes country such as Argentina or South Africa. But Skirpal’s spying was done for the UK and 5 Eyes, not other States, so other States would be reluctant to incur Russia’s wrath in the event they are discovered. Plus, other States may be more susceptible to corruption, leaking and not be able to provide adequate levels of discrete but effective security for them. So it seems to that a 5 Eyes country is the most likely place where they have been relocated.

That could be Australia, which has few Russians, lots of anti-Russian sentiment and both large cities and remote rural areas. Likewise, Canada. Even Wales or Scotland might serve the purpose. New Zealand is too small, in my opinion, and the US, although immense, has large Russian expat communities that are not all opponents of the Putin regime and is over-run with Russian spies in any event. So my guess is that they will be in a medium sized town or city in a rural area of a large or relatively unpopulated country or area of a country with few Russians present. But there are people who are experts in this so I can only speculate as to their exact location.

One final observation. The Skripals were poisoned, like other Russian double agents. Russia reserves poisoning for traitors of some importance, not just anyone. People of lesser status fall out of windows, get run over or die in a variety of crashes and explosions, depending on opportunity (remember the Wagner Group boss Prigozhin’s plane crash last year). Lesser rivals such as journalists and whistleblowers get shot. It will therefore be interesting to find out what killed the dissident and opposition politician Alexei Navalny, who supposedly died of “natural causes” in a Siberian prison camp at age 47. My hunch is that he may have received the ultimate (ironic) honour in the way in which his demise came about.

Or to draw the analogy this way: my Italian grandmother was once discussing with my parents the death of a cousin of hers who had mob ties in New York City. My parents asked her about how he died and she said “from a heart attack.” When challenged because the press had covered the story of a low level mobster getting “hit” in some criminal feud, she replied “yes, he died of a heart attack when a piece of hot lead went through it.”

In Russia the heart attack is induced by poison, but only for the special few.

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Article Link. “South America’s Strategic Paradox” in MINGA.

The Latin American multidisciplinary journal MINGA just published my article on “South America’s Strategic Paradox.” I was surprised that they wanted to do so because they have a very clear left-leaning orientation and my article was pretty much a straight-forward geopolitical analysis. This was the article that an editor of the New Zealand International Review felt was too broad in scope to publish. Go figure. Judge for yourself (the article is in English, with translation pending).

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It is not about age, it is about team.

Much attention has been directed at Joe Biden’s mental lapses and physical frailty. Less attention has been spent on Donald Trump’s cognitive difficulties and physical limitations, with most focus being devoted to his insults and exaggerated claims (as if they were not indicative of his mental state). Biden is 82 and Trump is 77, so one would expect that the passage of time has taken some toll on them, both physically and cognitively. It would seem that the difference, as Mickey Savage of The Standard phrased it, is that Biden is well-intentioned but hapless, whereas Trump is evil and dangerous.

I agree with the characterisation of Trump but not that of Biden, who I believe has far more mental acuity than the orange toned weasel. People forget that Biden has a life-long stutter, which from time to time shows up in his speech. And yes, he occasionally forgets or confuses a name or date, but then again so does the malignant narcissist serial liar. Biden rides bicycles and exercises regularly at the White House and home gyms. Trump rides a golf cart from tee to wherever his ball lands, off the designated paths and onto fairways and greens. He is not exactly a fine physical specimen, despite his corrupt doctor’s claims to the contrary.

Be that as it may, the mental and physical fitness of either of these men is not what matters when to comes to their suitability for office. Instead, as a starter, it is their temperament that matters. Biden is measured, calculated and calibrated in his actions, even if prone to the occasional profanity (as befits a guy from a blue collar background). Trump is impulsive, vindictive and petulant. Biden has 50 years of public service as his background, including terms as a US Congressman and Senator, Vice President and now POTUS. Trump first ran for office in 2016, and that was for the presidency that he won. We know what happened next, which should serve as a warning of things to come–and worse–should he get back into office. In any case it should be clear to impartial observers that Biden is the better qualified candidate in this year’s presidential election, above and beyond the elderly foibles of he and his rival.

Temperment and public service experience are not just what differentiates the two likely presidential candidates. The biggest difference is in the teams that surround them. The importance of the governmental team was driven home to me by a colleague at a Brazilian research institute in the late 1980s after George H. W. Bush succeeded Ronald Reagan as president. I was lamenting the fact that a Vice President who claimed to have seen or heard nothing about Iran-Contra and other Reagan administration scandals had won the presidential election of 1988, and my colleague said to me “but that is why, unlike here in Brazil where we struggle to find someone who can lead us out of darkness and into the modern world, in the US you can have a monkey as president and the machine will still keep on running without missing a beat.”

By “the machine” he was presumably referring to the US economy and institutional architecture, including the government of the day. It was more than one person and although the presidency is a vital cog in the machine, it is not the only one. Trump stretched the limits of institutional resiliency, to be sure, but it bent without breaking and Trump was thwarted in many of his most inane or perilous initiatives by a mixture of constitutional features (separation of powers, state’s rights, government regulations and civil service protections) and the interventions of cooler heads in his administration (the so-called “adults in the room” who acted as guardrails against his more thoughtless, spiteful or ignorant impulses). All along, in spite of the incompetent, incoherent partisan and polarised response to the Covid pandemic, the machinery of the US rolled on with that combed-over monkey at the wheel.

That is the important thing to consider. Biden has assembled a first class team that has steered the US out of the economic doldrums and into a period of sustained growth. He has expanded Obamacare, bringing in millions of people into affordable health insurance schemes, has capped the price of essential prescription drugs, and has funded a slew of infrastructure projects that have brought employment and modernisation to many localities, including in red (MAGA) states. In fact, US employment is at 50 year lows, and wages have started to catch up to inflation. He has passed student debt relief bills and increased social security benefits for the first time in 35 years. To be sure, there are challenges ahead, including getting some measure of control over the Southern border (which has just seen an all-time record of undocumented migrants, creating friction with the reactionary state government in Texas and fuelling Trump’s xenophobic and racist attacks on recent arrivals), and stabilising energy prices (which if low by international standards are an economic benchmark in the US). But by most objective standards, including its international image in spite of its ill-considered support for Israel in its war on Palestinians, the US is generally better off under Biden than his predecessor. Just ask NATO and the EU as well as US Asian allies (on this and. the broader context of US decline, see https://www.nytimes.com/2024/02/14/opinion/republicans-isolationsim-ukraine-russia-congress.html).

Biden’s team has a coherent programmatic agenda that addresses the damage done by Trump’s reckless and self-serving policies but also more longer term and not exclusively partisan goals when it comes to the US domestic and international position. The US has a malaise, and they want to remedy it. Trump’s team, on the other hand, are all about paybacks for grievances caused by an assortment of non-supplicants, and even then they are divided about who to punish first. The Trump team is incompetent and incoherent at its core because everything depends on the day to day whims of the would be czar.

Biden does not sweat the details of his administration’s initiatives. He leaves that to his cabinet and senior managers who have expertise in the areas covered by their portfolios. These are technocrats and political operators who know the ins and outs of the federal bureaucracy and Congress and therefore know how things work. Even with a divided and dysfunctional GOP majority in the House, they have gotten things done. In other words, if passing legislation and implementing policy is like making sausage (and old aphorism of US politics), then Biden’s team knows how to do so, the institutional way.

In contrast, Trump has vowed to come back into office with a revenge agenda against his opponents. He has announced that we will use the Justice Department as his instrument of retribution. He and his aides have drawn up a list of 400-500 loyalists who will take control of the apex agencies in the federal bureaucracy and who will re-write civil service legislation in order to engage in whole-scale purges of the “Deep State” apparatus. He aims to kill off entire departments (ministries, In NZ terms), especially those that cater to “woke” sentiments such as the Department of Education, Health and Human Services, the Civil Rights Commission, etc. One only has to look at the writing of Stephen Miller, one of Trump’s leading political advisors who was responsible for his border policy that included family separations and incarceration without charge upon arrival and detention (in spite of many migrants claiming refugee status from violence prone societies like El Salvador, Colombia or Honduras, to say nothing of left authoritarian regimes like those in Venezuela and Nicaragua) to understand the extent of Trump’s dark plans for his next term. His loyalists will swear allegiance to him before the constitution, and his judicial appointments will confirm his authority to undertake the overhaul of the federal government. His Vice President will be a brown-nosing lap dog, and his cabinet will be a collection of misfits and misers keeping what is left of the public trough to themselves and their private sector cronies. There will be no “adults in the room” and institutional counters to put up guardrails around him, and he will introduce fickle criteria to his micromanaging of pet policy projects. The US reputation will resume its nosedive.

And then of course there are the sycophantic opportunists and grifters who always travel in his political circles and who see his return to power as a means to advancing their personal ideological and material agendas.

I will leave aside for the moment the impact these two very different teams will have on things like US-PRC relations, the Ruso-Ukranian War, the Middle East meltdown, rise of techno-sovereignty challenge to the Nation-State, climate change mitigation, and more policy areas ad infinitum. The differentiation line is stark not because of which monkey is driving the machine, but because of who else is along for the ride as navigators and mechanics.

That is why the focus on Biden and Trump’s age and mental acuity is more of a side-show than a critical issue. Temperment is more important, especially when one guy has senior moments of forgetfulness or confusion and the other is an incoherent raving lunatic. Most important of all are the teams that will surround them, and on that score I think that the difference is clear.

Razor sharp clear.

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A NZ Identity Crisis?

Some time ago a veteran journalist interviewed me about “foundational myths” and why the US and NZ were different in that regard (by “veteran” I mean a journalist who does research on stories and has some background in the fields pertinent to them, which are then used to write in-depth reports). Although I am not an expert on foundational myths, he had seen something that I had written back then and, having just returned from a trip to the US, his interest in the subject was piqued so he decided to give me a call. We did a compare/contrast exercise that he wrote up for a conservative news outlet.

I was reminded of that exercise by recent events involving ACT Party challenges to the Treaty and the Waitangi Tribunal settlement process. It occurred to me that not only does the Treaty (te Tiriti) serve as a foundational charter for NZ, it is also from whence NZ’s foundational myth comes from. This is not a criticism, just a personal observation, and there clearly is much more to a foundational myth than a grounding in a political contract between indigenous peoples and colonialists. I believe that foundational myths, especially those that are subject to different interpretations, are important for national unification and self-identity because the very differences in “reads” offer a broader canvas upon which to paint a picture of a nation’s collective identity. These myths do not have to be completely true or factually based–after all, they are myths–but are justified and considered worthwhile because they serve the larger purpose of speaking to a polity’s common aspirations, collective history and shared ideals.

As a child I was socialised in contexts that included the foundational myths of Argentina and the US. Both were originally crafted by dominant groups that among other things justified the status quo that they benefitted from, and to which over time other groups were assimilated in whole or in part (if at all). Both myths were symbolised in national anthems replete with words of heroism and sacrifice. Both glorified the constitutions to which pledges of allegiance were sworn (yes, even as kids!). Both myths were perpetrated by dominant groups whose positions of power were born out of conquest. The myths became a type of indelible water mark on my psyche even though, as I grew older, I came to see them for what they were: ideological devices designed to promote a unification narrative rather than objectively present actual historical events (for example, in both Argentina and the US. the “conquest of the West” is celebrated as part of their respective foundational myths even though the treatment of indigenous peoples in both was often barbaric and therefore whitewashed in most instances until very recently).

New Zealand has a different historical trajectory because the Treaty is a different type of foundational charter that is closer to a pure social contract between very distinct groups rather than a compact between relatively homogenous elites. Hence the Treaty creates the basis for a different type of foundational myth, one that is arguably closer to the historical truth than those of Argentina and the US. For one thing, it is not born of conquest. Consequently it is different in that it is not one coherent story imposed by dominant group interpretation, but instead includes several (often competing or opposing) takes on a common starting point (including events leading up to it) and its subsequent legacy. Over time the myth behind the Treaty has slowly seeped into the popular as well as the political collective conscience, creating a cultural amalgam that is considered the essence of what it is to be “kiwi,” be it Pakeha or Maori, Pacifika or Asian in genealogy. This has happened over generations of ethnic engagement and intermixing and is a process that is far from complete. Of course people retain their ancestral identities, some more so than others, but the inexorable march of time forges an intergenerational progression towards a common yet flexible identity in which the foundational myth embodied in the Treaty is seen as the “grand unifier” of a heterogenous assortment of distinct ethnographic groups who share a specifically common Antipodian history. The myth is malleable and subject to interpretation by various parties, but its core unifying properties are very much like those of other countries.

It is that unity that David Seymour’s racist attacks on the Treaty are aimed at. Foreign influenced and funded by well-monied rightwing outlets with international reach, Seymour’s is a type of white supremacist revanchism designed to roll back social gains made by traditionally subordinate groups under the guise of promoting “individualism” and freedom of choice. But what it really is, is an attempt to reassert white capitalist cultural, economic, political and social supremacy on everyone else, and to do that it must destroy NZ’s foundational myth by attacking and dismantling the Treaty using the argument that rather than a cooptation device designed to secure intergenerational social peace, it has created a race-based hierarchy in which Maori are granted privileges unavailable to everyone else. It is an odious project at its core, odious because it is hateful in intent and therefore hate-worthy as an approach to social issues.

Seymour is aided in his project by political opportunists in National and NZ First who cater to what used to be the fringes of NZ society–anti-vaccination groups, conspiracy theorists and, most central of all, racists. He is abetted by a clickbait-focused media that, unlike the veteran that interviewed me, ignores or chooses not to explore the deeper background behind the ACT Party manoeuvres, including its funding and logistical ties to various rightwing astroturf organisations. Between them, what should be a subject of alarm–a frontal assault on the foundational charter and the myths that have been ideologically constructed upon it–have become mainstreamed as merely critical reappraisals of rights and responsibilities emanating from the Treaty and the tribunal settlement process.

That is disingenuous in the extreme. The Waitangi Tribunal settlement process is of itself a critical appraisal of rights and responsibilities conferred by the Treaty as well as the modes of redress for past injustices committed. And as mentioned, it is a cooptation mechanism designed to secure and reproduce social peace along lines promoted by the NZ foundational myth.

In his repugnant actions, Seymour and his acolytes are not only attacking the foundational charter and the foundational myth that is its ideological superstructure. They are questioning what it is to be a New Zealander. For them, the preferred Kiwi identity is white capitalist supremacist, rugby-playing and agrarian in its foundations (this, despite taking money from non-European business interests). Others may opt for social democratic indigenous reassertion and still others may prefer the cultural amalgam that I mentioned earlier. As it turns out, this questioning of Kiwi identity may be a good thing because, if a referendum is held and the proposal to review the Treaty is resoundingly rejected, it could serve to marginalise the likes of Seymour and his band of racist pimply-faced incels (even if they have some political cover via ACT’s party vote and its female representatives, and are provided platforms and money by influential patrons). ACT’s heart is dark, and that darkness needs to be exposed.

So perhaps there is some good in undergoing the exercise of questioning what constitutes a “NZ identity” or what it means to be a “kiwi.” On the other hand, if the assault on te Tiriti continues it could fracture the consensus on NZ’s foundational charter and its surrounding foundational myth and thereby open the door to a crisis of identity when it comes to defining what it means to be a child of the land of the long white cloud.

That would not be good, and yet that is what is exactly what Seymour and company are pushing for. Or as Hillary Clinton said when referring to the MAGA Morons, he and his crew are truly deplorable.

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The New Zealand Junta.

Some readers will remember that I spent 25 years in academia researching, writing and teaching about authoritarianism, among other things, and that I was a foreign policy practitioner in/for the US government for a decade, a fair bit of which was dealing with authoritarian regimes and working to promote liberalisation within and eventual democratization from them. Readers also will recall that I have written here about “constitutional coups,” which unlike military coups do not involve the threat of or acts of violence to remove a sitting government. Instead, legal mechanisms and institutional procedures are used to achieve the same end–the removal of a duly elected government, from office most often but not always before its constitutionally-defined term is completed.

It may seem like a stretch, but New Zealand has had a constitutional coup of sorts. In October an election was held in which the major rightwing party (National) did not reveal its true policy intentions, preferring to instead focus on the usual canards of lower taxes, high crimes rates and too many regulations and bureaucratic red tape on property owners. They were assisted by a compliant corporate media interested in generating clickbait material rather than dealing deeper into party policy platforms, and who supported the “change for change sake” attitude of the NZ public by focusing on personal scandals within the (then) Labour-led government ranks. It mattered little that, in public at least, the major rightwing party had virtually nothing to offer. What mattered was that it win, be it in coalition or outright. As it turns out, it needed coalition partners in order to do so.

The more extreme rightwing parties, ACT and NZ First, were a bit more honest in their campaigns about their reactionary intent, but the corporate media chose to ignore the extent of their connections to extremist groups and foreign donors/patrons such as anti-vaccination conspiracy theorists and Atlas Institute seed-funded astroturf groups such as the overlapping Free Speech Coalition/Taxpayer’s Union that contributed to their campaigns. Nor did the political press seriously look into the worrisome backgrounds of candidates in these parties, instead preferring to focus on the leaders and their immediate subordinates.

What that made for was the instrumental use of the October election by the NZ rightwing in order to gain enough votes to cobble together an authoritarian-minded government coalition that would impose regressive policy prescriptions without full public scrutiny or consultation. It did not matter that the two extremist parties received less than 15 percent of the popular vote, or that National received just 38 percent. What mattered was the win, which was the instrument by which the coalition could impose its political will on the +45 percent that did not vote for them.

Sure enough, the new government has gone about imposing policy reforms that basically amount to dismantling much of the social legislation enacted over the last decade, including that of previous right-leaning governments. Smokefree legislation, diesel and petrol taxes, EV purchase rebates, commitment to rail and cycleway building projects (some already underway), rationalisation of water provision services via three-tier regional management–these and many more forward-thinking policies were repealed, and more backtracks (such as eliminating excise taxes on cigarettes) are on the way. It also proposes to implement wholesale redundancies in the public sector, especially in agencies that are focused on Pacifika and other minority group service provision. More existentially in terms of New Zealand/Aotearoa’s self-identity as a nation, the elected authoritarians are proposing to review and repeal sections of NZ’s foundational charter, the Treaty of Waitangi/Te Tiriti, because they supposedly give “too many” rights to Maori, thereby effectively disenfranchising the non-Maori (mostly Pakeha) majority (or so they say).

However, as political scientist Kate Nicholls pointed out to me, the assault on Te Tiriti has the potential to be an own goal of epic scale. The Waitangi Tribunal was instituted to peacefully settle disputes emerging from different interpretations of the Treaty’s clauses. it was created in 1975 in the wake of numerous protests in the late 1960s and early 1970s stemming from disputes about interpretation of rights and responsibilities conferred by the Treaty, especially about land ownership and access rights, some of which, to quote the Waiting Tribunal History page, took place “outside the law.”

That is the crux of the matter. The Tribunal calls itself a “standing commission of inquiry” but in fact is a means to peacefully settle disputes about the Treaty that could otherwise turn violent or be subject to direct action by aggrieved and often competing interests. Seen less charitably, the Tribunal is way to buy off or divide-and-conquer Maori, or at least Maori elites, so as to give them a slice of the NZ economic resource pie, stop extra-judicial protests (since the Tribunal is in effect a court with legally-binding authority) and thereby achieve social peace. In other words, the Tribunal is a co-optive device, not an instrument of revolution, reform or comprehensive redress. It is designed to preserve a (Pakeha dominated ) social status quo, not undermine it.

The direct attack on Te Tiriti, be it by putting a review of the Treaty to a referendum or by some other means (say, by legal challenges to Tribunal authority and decisions), has already occasioned Maori-led backlash, something that promises to intensify the more the elected authoritarians push their racially-motivated project. That could well mean that rather than the peaceful and legally binding settlement process overseen by the Tribunal, we could see things settled in the streets via direct action. Given how fundamental the Treaty is to NZ self-identity, at that point it is an open question whether the repressive apparatuses of the State–the police, the courts, the intelligence services, even the military–will side with the elected authoritarians. Stay tuned.

Another thing about the new government is its utter disdain for the public. Polls only mattered in the election campaign but now are ignored. Fighting crime was a priority before the election, then it was not. It did not reveal its full coalition agenda during the campaign and did not consult with other parties or the public in the implementation of its first 100 day plan of action. Instead, the coalition has rewarded its donors and supporters in (among others) the fossil fuel and tobacco industries even though their repeal policies are unpopular and in some instances detrimental to public health, environmental and other social outcomes. This is truly a government for and by the few, even if it was able to claim an electoral victory as its legitimating mantle.

For this reason I prefer not to call them something silly like the “coalition of chaos.” They are that, to be sure, because to put it kindly the talent pool in the coalition parties runs very thin while the egos of their leaders and lieutenants run very deep. This could eventually lead to their collapse and downfall, but for the moment what strikes me is their despotic dispositions. In other words, it is their way or the highway, minus the resort to repression that we see in military dictatorships.

For this reason I choose to refer to the National-ACT-NZ First triumvirate as New Zealand’s junta. In the broadest and original sense, junta refers to a military or political group ruling the country after it has been taken over. Merriam-Webster Dictionary defines it as “a council or committee for political or governmental purposes.” What is important is that it does not always have to have a military component and it does not always involve a violent accession to power and usurpation of previous authority. A junta, as it turns out, can be installed constitutionally, peacefully and via normal political institutions and procedures.

It is the way how these mechanisms of political succession are manipulated that determines whether a constitutional coup has occurred. If that indeed has been the case, and I believe that in NZ it has, then the recently installed coalition government is in fact a junta. This NZ junta is comprised of the three authoritarian party leaders followed by their fawning acolytes and lesser supplicants, cheered on by rightwing media and corporate and ideological interest groups as well as revanchist voters reacting to what they see as challenges to their privileges by an assortment of “woke” and uppity usurpers. But at its core, the junta represents a coordinating committee of elite capitalist and ethnographic chauvanist (f not supremacist) interests, not the public at large.

To reprise: given the circumstances surrounding it, the October election in NZ was a type of “soft” or constitutional coup in which an authoritarian coalition gained a majority of votes without revealing its full policy agenda. It is now implementing that policy agenda by rewarding its allies and ignoring the public good. That approach–working solely for the benefit of allied groups while claiming that it is doing so in the public interest–is precisely how juntas govern.

Perhaps we should start addressing Mr. Luxon. Mr. Peters and Mr. Seymour each as “mi Comandante” or “mi Jefe” because 1) those Spanish phrases for “my Commander” or “my Boss” seem more suited to their personalities and politics than the term “Honourable;” and 2) they nicely fit with their junta-style approach to governing. In any event, the proper approach when greeting the junta members is to bend at the waist and make sure that one’s nose is pointed squarely at their footwear. Also, following established authoritarian protocol, Luxon can be called the Comandante Supremo or Jefe Supremo because he is supposedly the first amongst equals in the NZ junta, but that will likely increase the intrigue, scheming, plotting and knife sharpening within the coup coalition. If so, things could get pretty chaotic, indeed.

From somewhere in Hades, Pinochet and countless other authoritarians must be having a good chuckle at NZ’s expense.

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Social Media Link: 36th Parallel on South America’s “Strategic Paradox.”

I was asked to write a commissioned essay for a special issue on Latin America of a NZ international affairs magazine. I was told by the editor I could write on a specific subject of my choice. I decided to write about what I see as South America’s “Strategic Paradox:” increased overall (macroeconomic) regional prosperity largely brought about by the growth in trade with the PRC (rather than with the US or EU) did not translate into increased domestic social equality, security and stability (as most Western developmental economists and sociologists would believe). Instead, increasing income inequalities caused by limited domestic job growth, few wage improvements and negligible distribution of tax revenues from the expanding import-export sector exacerbated social tensions, leading to more domestic insecurity. To this is added an assortment of pathologies such as public and private sector corruption and negative collaterals like environmental degradation in the emerging primary goods sector (such as in lithium extraction). All of this is set against the backdrop of increasing US hostility to the PRC presence in the region, which it sees as a growing security threat that must be countered.

The result is that South America may be more prosperous than ever in aggregate terms (say, GDP per capita), but it is not more peaceful, stable or secure as a result. My conclusion is that with a few notable exceptions it is a lack of good corporate and public governance that explains the paradox. Meanwhile the great power rivalry in the region has taken on a pernicious dynamic of its own that if left unmitigated will only add fuel to the fire.

Unfortunately, the editor, who is not a political scientist or international relations specialist (she says that she specialises in propaganda and authoritarianism, although from her limited bibliography she shows little knowledge of the extensive literature on each!) decided that the essay was too generalised and lacking in data to be publishable as is (after asking me to limit the essay to 3500 words and write it for a general, not specialist audience). She challenged my mention of the ongoing use of the Monroe Doctrine by US security officials, even though I provided citations for both data and comments when pertinent (15 in all, including Congressional testimony from US military officials and data from the Economic Commission Latin America (ECLA)). I got the distinct impression that she wanted a puff piece, got a critical analysis instead, and decided to condescendingly ask for unreasonable revisions in order to reject the piece without seriously reading it. In other words, she did not like it, but not because of its lack of scholarship but because it did meet her expected editorial slant. In fact. from her tone it appears that she had no idea who I am before she commissioned the essay and then assumed that I am some ignoramus when it comes to discussing South American politics, geopolitics and social dynamics. Y bueno, que le vas a hacer?

The good part of this story is that since I am not paid for the work, am not an academic who needs it on my c.v. for promotion purposes, and have a couple of social media platforms on which to publish and disseminate it without editorial interference from uninformed non-specialists, I told her that I would not do as told, would not do the demanded revisions and instead would publish the piece elsewhere.

KP is one such elsewhere: https://36th-parallel.com/2024/01/05/south-americas-strategic-paradox/

Tell me what you think about it.

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Further thoughts about a couple of things near and far.

My son is back home recovering well. There are some more serious sequels to come, but for the moment we will enjoy the end of year respite and welcome in what we hope is a better 2024 even with the knowledge that he is not out of the woods yet.

I remain unhappy with much of the coverage of the Hamas-Israel conflict in NZ, so threw some thoughts together on the consultancy social media account. They are just sketches designed as food for thought rather than deep analysis. I have fleshed them out a bit here.

First. What does it take for Israel to be labelled a “pariah State” and subjected to international sanctions? North Korea, Iran and Myanmar have all been branded as such and sanctioned because of their behavior (seeking nukes, human rights abuses). So what is the threshold for Israel? Or is it because it is “of” or backed by the West (specifically, the US) that it gets a longer definitional rope? I realise that there is not specific criteria for why and when a State is designated as a pariah and sanctions invoked (which themselves are not uniform or standard in nature), but surely Israel has moved into that territory. Or not?

On the other side, when it comes to those who attacked Israel on October 7, note their differences. Islamic Jihad is a religious extremist movement that pursues holy war against non-believers, Jews in particular. Hamas are an ethno-nationalist movement with some religious extremist elements that seeks to reclaim traditional lands lost to Israel. Their alliance is tactical more than strategic because their objectives overlap over the short-term but differ over the long term. They have common patrons (Iran/Russia), allies (Hezbollah/Houthis/Iraqi militias/Syria) and enemies (Israel/US/ West/Sunni oligarchies) but should not be seen as being a single entity.

The difference is important because Western corporate media tend to treat islamic Jihad and Hamas as a single organization, which implies a unified command, control, communications and intelligence-gathering (C3I) hierarchy. Although there is certainly a degree of coordination of weapons and intelligence transfers between them and their allies and integration of operational units such as what occurred on October 7, the leadership structures of the organisations differ as well as their long term objectives. More specifically, it is my read that Islamic Jihad desires a holy war and the establishment of a Caliphate in the Levant and larger Middle East, whereas Hamas wishes to reclaim what has historically been known as Palestine (hence the phrase “from the river to the sea,” demarcating the territory between the River Jordan and the Mediterranean from the Lebanese/Israel/Syria border to the Red Sea). This well-known map shows the area of claim and what has happened to it since 1946.

The fact that Islamic Jihad and Hamas have different long-term objectives means that they are potentially divisible when it comes to both military approaches as well as diplomatic negotiating strategies.They and their patrons will resist the latter as a divide and conquer approach, and they will be correct in interpreting the situation as such. But for the larger set of interlocutors trying to achieve a solution to the current status quo impasse and endless cycle of violence, separating the approach to Islamic Jihad from that towards Hamas makes sense. Remember that Hamas wants to replace the Palestinian Authority as the main agent of the Palestinian people and has strong support in the West Bank in that regard (the Palestinian Authority is headquartered in the West Bank but is totally subject to Israeli edicts and controls). Islamic Jihad would prefer to see the current conflict broaden into a regional war out of which a new Caliphate will emerge from the ashes. The Houthi attacks on shipping in the Red Sea and Shiite militia attacks on US bases in Iraq are part of that effort.

Remember that Islamic Jihad and its allies do not need to win any major war in order to prevail (they militarily cannot). But their efforts have already caught the attention of the Arab “street,” where restive populations see the indifference or complicity of their oligarchical leaders when it comes to Israel as further proof that they are Western puppets. The idea is to expose who the real Masters are, undermine their Arab servants and promote jihad on a regional, grassroots level. it may seem like a pipe dream to those of us far from the streets of places like Cairo, Amman, Tangiers or Riyadh, but if and when anger takes to the streets of such places, then the outcomes are by no means certain when it comes to regime status quo stability.

It does not appear that Islamic Jihad will accept territorial concessions in order to achieve peace, as its project is larger than removing Israel and Jews from the Levant. Hamas, on the other hand, is arguably more nationalist than religious in nature, which means that the ideological focus is on specific ancestral territory rather than on religious orientation (even if Jews make for convenient historical scapegoats). It is also something that is obliquely seen in the fact that although Palestinians are largely Sunni Muslim in religious identification, Hamas’s main support come from Shiite Hezbollah in Lebanon, Shiite Iran and the Shiite Alawite (Assad) regime in Syria. These patrons and allies well understand that the Palestinians are much like the Kurds further to the East, claiming ancestral homelands that have long since been carved up by foreign occupiers (not just European colonialists) and who for many historical reasons are reviled by their co-religious neighbours (hence the refusal to grant or cede territory for either a Kurdish or Palestinian homeland by Sunni-majority regional neighbours or the acceptance of Palestinian refugee flows from the current conflict by these same States).

We must also factor in that both Hamas and Islamic Jihad have factions within them, including political and military wings, (comparatively) moderates and militants, pragmatists versus “idealists” in their ranks. Islamic Jihad has a more unified political-military command (which makes it vulnerable) even when using a decentralised guerrilla military strategy), while Hamas has separated its political and military wings while trying to professionalize its fighters. In any case, harder or easier, these divides can be exploited if the will is there. Conversely, if the divisions are self-recognised and there is a unity of spirit against an immediate foe n face of the odds, they can be mitigated even under the stresses of overwhelming kinetic assault.

In the end, Islamic Jihad is an existential threat to the Middle Eastern status quo because it, like ISIS and Al-Qaeda, want to overthrow the established order even if its current capability to do so is minimal and dependent on the help of others. Hamas is a stronger irregular warfare actor as well as an ideological movement in the local and international imagination because of its territorial focus, so does not pose as much a threat to the broader regional order other than the fact that it’s success could encourage similar insurrectionary movements in the near elsewhere.

Many difficulties exist on the other side of the road to elusive peace in Palestine. Israel will have to cede occupied territory for Hamas to even be approachable regarding negotiations, but what with the combination of recent orthodox Jewish immigrants from the US, Russia and elsewhere fuelling the settler movement, and with the Netanyahu government leaning hard right as a result of the conservative religious extremists in his cabinet, leading to the Israeli government arming of settlers and protecting them with military units, that is clearly not an option any time soon if ever. Israelis are hinting at the Sinai Peninsula as a place to re-settle Palestinians, but Egypt wants no part of that, nor for that matter do the Palestinians themselves. So the first thing that will need to happen is for the Israeli government to change and for it to abandon its settler policies. Again, this seems like a very high mountain to climb.

Another obstacle is that Netanyahu and his supporters may see the situation as a window of opportunity. They may liken the move to eradicate Hamas from Gaza and drive its population out of the Strip as being akin to the Six Day 1967 War in which Israel stripped Jordan of the West Bank, Syria of the Golan Heights and Egypt of the Sinai Peninsula and Gaza Strip. Moreover, given the surprise of the October 7 Hamas attack this year, it is clear that Netanyahu does not want to be seen as Golda Meir during the Yom Kippur (or Ramandan) War of 1973, when Israel was caught unprepared for an attack on October 6 by Egypt and Syria, leading to large early losses for the Israeli Defense Forces (IDF). Even though Israel ultimately won that war in 20 days, Prime Minister Meir was castigated for the lack of preparedness or forewarning and her coalition lost a majority in the legislative election the next year, resulting in her resignation. Netanyahu is acutely aware of her fate as well of the actions he took that helped facilitate Hamas launching its attack (like ignoring intelligence warnings and re-deploying active duty troops from the Gaza border to protect illegal settlers in the occupied West Bank). He knows that politically he is a dead man walking unless he comes up with something spectacular.

In his mind and that of his supporters and colleagues, seizing Gaza may be just that. Since there is no credible international deterrent levelled against Israel and a lack of enforcement capacity to stop its prosecution of the war even if there was a consensus that it has gone too far with its collective punishment/ethnic cleansing campaign in Gaza, Netanyahu makes the plight of the Gazans a UN refugee problem while the IDF consolidates its physical control of the territory. That allows him to “eliminate” Hamas (and many innocents) as a physical entity in the Strip, opening the door for Israeli occupation and settlement. If that is the case, he may well overcome domestic anger at his pre-war actions and seeming disregard for Israeli hostages and instead ride a wave of nationalist sentiment to another term in office.

Should that happen, the shrinking map of Palestine shown above will have to updated yet again.

Posted on

Turn to nasty.

From its first actions as government, it seems that the National-ACT-NZ First (NACT1st) coalition is basing its approach to policy-making on utu (they would prefer to say revenge), racism and repaying their donors and supporters with aggressive repeals of legislation passed under the previous Labour government. The approach is brutish, brazen and nasty, but unsurprisingly was not something that they campaigned on during the general election. It seems that they knew how unpopular their retribution would be so they just winked and nodded to their silent partners (like the tobacco and fossil fuel lobbies) while yammering about crime, housing costs, foreign home buyers and tax cuts. They successfully used a compliant clickbait-obsessed corporate media to platform them and highlight personal peccadillos in the Labour caucus in order to undermine faith in the Labou-led government while avoiding answering hard questions about their real agenda.

Now in office, they demonstrate a complete disregard for democratic procedures and processes. For all the talk from the Right about the “Stalinist” bent of the Ardern government during the pandemic, the fact is that Labour spent much (often fruitless) time in public consultations and parliamentary committee hearings hashing out the pros and cons of a number of important policy issues. The actually listened to the public and to the Opposition on important matters even if not ultimately agreeing with them. The NACT1st approach, in contrast, has been to pass under urgency, without any public consultation, repeals of major pieces of legislation like the Smokefree Act, Fair Pay Agreements, Ute Fuel Tax and Clean Energy Rebates. They seek to abolish the use of Te Reo in official communications and review the Treaty of Waitangi (how they propose to do is a matter of conjecture at this point).They cancelled major infrastructure projects already underway. They want to reduce the number of ministries, specifically those having to do with Pacifika and Maori affairs. They propose to deregulate a host of commercial activities, open Conservation lands to mining and renew oil and natural gas leases.They want to privatise parts of the public health service, permit Charter schools and military-style boot camps for adolescents, and in general adhere to long since discredited neoliberal prescriptions for economic management.

In other words, they have adopted a retrograde scorched earth approach to Labour policy measures that appears to be taken out of a book written by Argentine president and “anarcho-capitalist” Javier Milei, the self-denominated tantric sex guru who consults his cloned Mastiffs for policy advice (I am not making this up). Milei has reduced the size of his cabinet from 18 to 9 ministers and has threatened to remove 100,000 public servants from the federal payroll (Argentina is a federal republic with a presidential-dominant democratic system, unlike NZ’s parliamentary democracy). The ministries of education, labor, employment, social development and social security have been absorbed into a new uber Ministry of Human Capital, and the ministries of transportation, women and gender, environment, and culture were eliminated outright.

Milei wants to close the Central Bank and “dollarize” the economy, although his more centrist advisors convinced him to hold off on that while other measures are implemented. Instead they have devalued the Argentine peso by 54 percent overnight last week, basically halving the income of anyone who did not have significant dollar reserves in personal accounts or who is paid in US dollars (one can imagine who the lucky ones might be). The fact is that most Argentines do not get paid in dollars and do not have bank accounts holding them in any significant quantity.

To top things off, Milei, who has a penchant for hurling misogynistic insults at female critics, has publicly stated that “blue eyed” people are intellectually superior (he himself is blue-eyed in a country of brown-eyed people), and proposes to repeal abortion rights and legal protections for non-binary individuals. Truth be told, Milei is a freak both personally and ideologically, a merkin elected out of desperation by just over half of the voting population tired of the corrupt politics as usual but who ignored the fact that he is not the lesser of the many evils that they are saddled with. He is no panacea for what ails the country.

Given the tone of NACT1st statements in recent days, could this be a path that it will chose to follow? Members of its coalition have voiced support for Milei and his project, so it is not a reach to think that they might want to emulate at least some of his policy ‘reforms.” Certainly the attacks on Maori seem to come from a “blue eyed” perspective.

There is something profoundly ugly about this, yet it is an approach to governing that is celebrated by rightwing groups like the Tax Payers and Free Speech “Unions,” assorted rightwing bloggers and, now that Elon Mush has opened the lid on the septic tank, a bunch of reactionary, racist, misogynistic and gay- and trans-phobic social media trolls, to say nothing of the reactionaries on platforms like Counterspin, The Platform and Reality Check Radio. It as if NACT1st has ripped a scab off the NZ body politic and out has oozed the pustulence of rightwing authoritarian-minded intolerance, greed and bigotry.

The good news is that the combination of narcissistic egos and incompetence that is the hallmark of the new government may well be their undoing.They are simply too stupid, too myopic, too crass, craven and venal to understand the subtitles and nuances involved in crafting lasting policy for the betterment of the commonweal. Or perhaps that has never been their intention.

To put it in a vulgar way more in line with the thrust of NACT1st’s approach, if Milei is a merkin, then Luxon is the bell-end on an onanist policy-making caucus.

It will be interesting to see what the public reaction to the razor gang approach will be. In Argentina Milei has already used Executive Powers to repress public demonstrations against his edicts. But Argentine civil society is often raucous and its union movement is staunch and not averse to street violence to make its case. Most of the Argentine public service is unionised, so the move to mass redundancies is going to encounter fierce resistance. Since the security forces are working class people whose families will be negatively impacted by Milei’s cutbacks on welfare, health and education services, it remains to be seen if they will stay loyal to him and follow his orders if people hit the streets in protest. Whatever happens, the next few months will be tumultuous at best.

In NZ the political culture is not as violent as that of Argentina but it does have limits of toleration. The Prime Minister in a parliamentary democracy like NZ does not have the Executive discretion available to Milei. But the NZ union movement is nowhere as staunch or as important to the productive apparatus as is its Argentine counterparts, being more of the compromise- rather than confrontation-oriented persuasion (some might call it the lapdog approach to employment relations where getting along with employers and surviving as a collective agent is more important than defending the interests of the rank and file, but I will leave it for others to decide if the characterisation fits). Whatever the case, the moment of truth has arrived for Kiwi society when it comes to responding to these assaults on hard-won social gains. Will Kiwis bend a knee in submission or stand up and fight? If they fight (even if just symbolically with acts of political theatre and perhaps episodic property damage), will the police stand against or with them? Will the NACT1st government try to resort to Emergency Powers in the face of civil unrest?

The larger issue is how NACT1st sees democracy. As readers might remember from previous posts on the subject, one can perceive democracy in two different ways. On the one hand, it can be seen as having intrinsic worth or being an intrinsic good in that it is the best possible (albeit flawed) method of giving voice to the people and substantively protecting the interests of all via a system of contingent compromises on major social, political and economic issues. It has its problems but is universally better than its alternatives when considering the heterogenous diversity of the social fabric and the need for achieving some sort of balance or equilibrium in the face of multiple competing demands in the political, social and economic marketplaces.

On the other hand democracy can be seen instrumentally, that is, as a means to an end or a tool to achieve power or partisan, sectoral or personal gain. Javier Milei has this perspective and it appears that NACT1st does as well. There is nothing intrinsically good about democracy in this view. For those who see democracy instrumentally, authoritarianism would be a better choice but it is too obvious in its bias. Instead, democracy’s worth is that it gives a veneer of representation and voice to the self-serving actions of winners of electoral contests, who then proceed to award themselves, their supporters and patrons with the spoils of governance. As Lenin put it, democracy is capitalism’s “best possible political shell.” There still may be checks and balances on the government, but those come from formal institutions like the judiciary rather than civil society itself. The latter must seek recourse in the street as well as if not more than formal channels and processes because the deck of officialdom is stacked against them when democratic instrumentalists hold the reins.

All of which is to say that the next six months should be interesting for both Argentina and NZ. Under their version of the social contract the new rightwing governments are hellbent on rolling back the clock when it comes to rights and obligations. They want to downsize the State when it comes to the provision of public goods and services, and they want to return to a social hierarchy more akin to the 1950s than the present era. Unfortunately for them, those days are long gone and both Argentine and Kiwi society cannot be remade in that nostalgic image.

In the end the fate of their regressive projects rests on whether civil society will go along with or organise against them. Because the bottom line of democratic governance is mass contingent consent to the political authorities and projects of the day, and on that score it remains to be seen if the Milei or NACT1st governments will enjoy that bottom line for any significant amount of time.

My reckon is that they will not, but that Argentines will be far less complacent than Kiwis when defending their interests.