Category Archives: governance

Launching into trouble?

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On May 5 the NZ-US joint venture company Rocket Lab successfully completed a night-time launch of its Electron booster carrying three US Air Force small satellites (smallsats) named Harbinger, SPARC-1 and Falcon ODE. The STP-27RD mission is part of the DoD Space test program run by the US Air Force Space Command’s Space and Missile Systems Center in collaboration with the Defence Innovation Unit as part of its Rapid Agile Launch Initiative (RALI). Funding for the launch came from Department of Defence (DoD) Other Transaction authority to award service contracts to non-traditional commercial small launch companies. The latter is interesting because it is not a line item category in the DoD budget but instead falls into the discretionary funds allocations category usually associated with the Defence Advanced Research Projects Agency (DARPA).

In its second commercial launch from Launch Complex 1 on the Mahia Peninsula, the booster safely deposited its 180 kilogram payload into an orbit 500 kilometres (310 miles) above earth at an inclination of 40 degrees to the equator. It is also the second launch with a military payload. Harbinger is a US Army sponsored commercial smallsat developed by York Space Systems that will perform tasks that demonstrate its ability to meet US Army Space capability requirements (however vague they may be defined in public, but which are technically specific in nature). The Falcon Orbital Debris Experiment (Falcon ODE), sponsored by the US Air Force Academy, evaluates ground based tracking of space objects. The Space Plug and Play Architecture Research CubeSat-1 (SPARC-1) is a joint Swedish-US experiment testing avionics miniaturisation, software defined radio systems and space situational awareness.

Rocket Lab is a commercial pioneer in Small Lift (SL)/Low Earth Orbit (LEO) booster technologies. Small lift refers to payloads under 500 kilograms and low earth orbit refers to orbits below 1,200 miles. Rocket Lab specialises in boosting payloads of less than 250 kilograms into orbits of 150-300 miles from earth. Smallsats are now broken down into mini-, micro-, nano-, pico- and femto-categories, increasingly in cubesat configurations (with the latter being 4x4x4.5 inch cube units that weigh less than 3 lbs. There are currently more than 900 cubesats deployed in LEOs). The majority of these satellites are used for telecommunications and geospatial mapping. The average cost for a Rocket Lab Electron booster launch is USD$5.7 million, which is very cheap by any comparison, and the company sees future cost reductions when monthly launch schedules give way to biweekly launches from Launch Complex 1 and dedicated facilities operated by NASA in Virginia.

Rocket Lab is touted as a NZ entrepreneurial success story. Indeed it is, although it is now a US based company headquartered in Huntington Beach, USA, with a NZ subsidiary based in Auckland and on the Mahia Peninsula. Most of the capital invested in Rocket Lab now comes from US based funds and companies. The Electron engines are built in Huntington Beach and the launch vehicle assembled in Auckland.

There can be no doubt that Rocket Lab is revolutionising the space industry. But the launch of foreign military satellites by a NZ based company from a launch site on sovereign NZ soil raises some important political, practical and legal questions.

With regard to legal matters, it is worth asking what legal framework is in place governing the use of NZ assets and soil for foreign military satellite launches. Foreign military deployments in NZ are governed by formal agreements, as are NZDF deployments on foreign lands in support of bi-lateral or multilateral missions. Exports of sensitive, dedicated or potential “dual use” (civilian and military) technologies by NZ companies require special export licenses and in some case prohibitions apply to said exports to specific countries. But what is the framework governing foreign military use of NZ-based launchers? As far as I know neither the NZDF or any other government agency have been part of a foreign military satellite launch in NZ, so there is no legal precedent for specifying the terms and conditions governing that activity, much less launches conducted by a NZ-based private firm on behalf of a foreign military partner.

That matters because launches of foreign military non-weaponised payloads, even if they involve signals and technical intelligence gathering technologies, are largely non-controversial and can be covered under the rubric of “scientific research” in any event. But without specific clauses in NZ law prohibiting the launch of foreign military weapons platforms from NZ soil and/or by NZ companies, the field is open for that to happen. With space weapons platforms undergoing the miniaturisation mania that has impacted all aspects of combat from drones to autonomous infantry fighting machines, it is only a matter of when, not if they will be deployed (if they have not been already. India and China have both recently tested satellite killing probes against LEO targets and Russia and USA have long had larger sized offensive hunter-killer satellites tracking each other’s military communications space platforms, even if these are little more than “dumb” bombs that are guided into the target in order to destroy it). So the scene is set for the eventual deployment of space weaponry from NZ territory.

The question is whether there is a legal basis to permit or prohibit foreign military satellites, especially weaponised satellites, being launched from NZ soil with NZ technologies. I am unsure if that is the case one way or another and have heard of no parliamentary or ministerial discussion of the matter. Amid all of the applause for Rocket Lab there has been no pause given to consider the implications of its partnership with a foreign military, albeit a friendly one. If readers know more than I do on the legal governance structure surrounding Rocket Lab’s partnership ventures with the US Defence Department or any other foreign military, please feel free to illuminate me in the comments.

At a political level, it must be asked whether the current government or its predecessor had much input into the decision to accept US military “sponsorship” of smallsat launches using Rocket Lab technologies and facilities in NZ. Was there NZDF and MoD input? Did DPMC and/or cabinet consider the longer-term geopolitical implications of the association, or was the discussion limited to the commercial opportunities presented by it? For a country that works hard to show a commitment to peace and independence in its foreign policy, would not linking US military interests and a NZ-founded company in a dual use venture that uses NZ territory for US power projection in space raise as many concerns as accolades?

There are practical implications to consider. Is Rocket Lab prepared to contract for payload launches with foreign military “sponsors” other than the US? Or have contractual impediments already been put in place to preclude that possibility, or at least preclude the likes of the Chinese, Russians, Iranians, North Koreans and/or others from participating in the opportunity? Is there anything in Rocket Lab’s contracts with the US or other foreign military partners that specifically prohibits weapons platform launches, no matter how small they may be? Absent a law covering that eventuality, it is left to the company to draw the line on who gets to fill the booster nose cones and what gets put in them. Is it fair to ask if Rocket Lab has put any type of restrictions on who it contracts with and what gets loaded onto its military-sponsored payload delivery systems?

If the contract to deliver military payloads is solely and exclusively with the US, then Rocket Lab has painted a target on Launch Complex 1 in the event that the US becomes embroiled in a large-scale conflict with a major power. Even if it allows nations other than the US to launch military payloads on Electron boosters, Rocket Lab has made the Mahia Peninsula a target whether or not weapons satellites are launched from there. After all, the main use of smallsats is for surveillance, tracking, mapping and telecommunications, all of which are essential for the successful prosecution of contemporary wars. So even if smallsats launched from the Mahia Peninsula do not carry weapons on them, the site becomes a potential target.

Put another way: Smallsats are difficult to target once deployed, so space warfare planners in countries that have the ability to do so and are antagonistic to Rocket Lab’s foreign military client/”sponsors” will aim to prevent their deployment from the Mahia Peninsula. That means that they have likely added Launch Complex 1 to their potential target “packages” in the event that great power hostilities break out on Earth or in space. As it turns out, the low cost and quick launch capabilities offered by the Electron booster also make it a great choice for rapidly replacing military satellites of all kinds when lost to hostile action, so prudent military planners will ensure that Rocket Lab’s vehicles do not get off the ground should push come to shove. And given that NZ air space and launch sites are less defended than similar territory in larger countries, the relative ease of launching pre-emptive or follow up strikes on Launch Complex 1 encourages its targeting by adversaries of Rocket Lab’s foreign military partners.

That means, of course, that NZ could be drawn into a land/space war in which it is not a principle but where its soil and facilities is used by one or another party to the hostilities. So the bottom line is this: does NZ have any control over or even say in who and what Rocket Labs gets to work with? Is there any contingency plan in place for the possibility that association with a foreign military in commercial space ventures could lead to the uninvited and untoward intervention of another foreign military power on NZ soil?

Beware the false narrative.

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ISIS and a junior defense minister in the Sri Lankan government have claimed that the terrorist attacks on churches and hotels in the island nation were a response to the white supremacist attack on mosques in Christchurch on March 15. The claims need to be treated with skepticism. Here’s why.

Having been defeated on the battlefields of the Levant, ISIS now urges its followers to return to decentralized terrorist attacks as a form of irregular warfare. It wishes to show continued strength by claiming that it can orchestrate attacks world-wide and that no country can escape its reach. The Easter Sunday terrorist bombings in Sri Lanka fit that narrative.

The truth is otherwise. The Sri Lankan attacks may have taken inspiration, and perhaps even logistical support from ISIS but planning and preparation began well before March 15. It is true that ISIS called for retaliatory attacks after the Christchurch attacks, and it could well be possible that March 15 was a precipitant event for the Sri Lankan bombings. But there was and is a larger and yet more local picture in play.

The Easter Sunday bombings occurred against a backdrop of rising violence against both Muslims and Christians in Sri Lanka by Buddhist militants, something that has accentuated in the last year and is the underlying motive for the attacks. These were not random or foreign in origin, but represent a violent response by one oppressed minority using terrorism against another minority and tourists in order to make a sharp point to the constitutionally empowered majority that it sees as increasingly oppressive in nature (70 percent of Sri Lankans practice Buddhism, which is the official religion of the country and which has constitutionally protected privileges). Christians were the targets because they were left unprotected by an indifferent or incompetent government, while tourists were attacked because the country depends on them for hard currency revenues. Neither targeted group were the real subject of the attacks, nor was the objective of the attacks strictly about them.

Operationally speaking, the effort to engage in coordinated, simultaneous attacks against multiple soft targets using significant quantities of explosives and involving at least 7 suicide bombers requires months of target surveillance, stockpiling and concealment of bomb-making ingredients, manufacture of human-portable bombs, coordination and communication between perpetrators and accomplices and logistical support in at least three cities, all under the veil of secrecy. Whether or not Christchurch served as a precipitant or ISIS called for revenge attacks in its wake, the making of the Easter Sunday plot was long in the works well before the white supremacist gunman walked into the Masjid al Noor.

Simply put, the Easter Sunday bombings simply could not have been put together in the month after the Christchurch attacks. Moreover, the Sri Lankan security services were warned several times before March 15 that Muslim extremists were preparing to launch attacks, followed by specific information two weeks ago that Catholic churches were being targeted on Easter. The complexity of the attacks and the repeated warnings of them strongly suggests that ISIS’s claims are opportunistic rather than truthful.

Likewise, the uncorroborated claim by a Sri Lankan junior minister that Christchurch was the reason for the Easter Sunday atrocities appears to be reckless attempt to deflect attention away from the gross negligence that led to the intelligence “failure” that facilitated them. In an atmosphere of rising ethnic and religious tensions, the Sri Lankan government received repeated and specific warnings about the impending attacks and yet did nothing. It did not increase security around churches and hotels and did not seek to preemptively arrest suspects on various extremist watch lists. Instead, rendered by partisan infighting and weighed down by incompetence, the security forces cast a negligent eye on what was going to happen. That may be because the attacks can serve as an excuse to crack down on the Muslim community, something Buddhist hard-liners have been seeking for some time. Whatever the reason, it was not an intelligence “failure” that facilitated the attacks. The security services knew, or at least were warned about what was going to happen. They either could not or chose not to act.

In truth, ISIS and some Sri Lankan government interests converged in making Christchurch part of the narrative. Falsely claiming that the Easter Sunday attacks were revenge for Christchurch makes it seem as if they are part of a larger struggle in which Sri Lanka is a pawn. The reality is more simple: the attacks were a local Islamist response to increased ethno-religious conflict in Sri Lanka in recent years, which itself is part of a larger struggle within South Asia between Buddhists, Hindus and Muslims as their lines of division continue to harden.

Therein lies the danger of the false narrative embedded in the ISIS and minister’s claims about Christchurch. They feed into the “clash of civilizations” argument put forward by ideological extremists that the world is in the midst of an cultural and religious conflict in which only one side can win. Subscribing to this argument justifies so-called “tit for tat” responses, whereby an attack by one side leads to an attack by the other, creating a cycle of violence that is designed to spiral into an existential confrontation between antithetical “others.” Although the vast majority of religionists the world over are non-violent and tolerant of other beliefs, this is the apocalyptic vision that extremists want to propagate.

The antidote to this is to place responsibility where it belongs and to not buy into false opportunistic narratives about revenge-based existential conflict. Sometimes the blame for atrocities lies closer to home, both in terms of root causes and inadequate responses.

An earlier version of this essay appeared on the Radio New Zealand web site (rnz.co.nz) on April 25, 2019.

First a massacre, then the push back.

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During the first hours and days after the terrorist attack in Christchurch, I tried to be optimistic about what could come out of the event. I saw it as a window of opportunity and teaching moment, a time to grieve, heal and reflect on what New Zealand is as a society. I thought that we could finally confront the elephant in the room: that underneath the veneer of tolerance and egalitarianism there is a dark underbelly in New Zealand. It is called racism.

For the first week it seemed that the opportunity was going to be seized. The government responded with empathy and compassion for the victims and with decisiveness when it came to banning certain types of military-style weapons and parts that can be used to modify hunting weapons into military-style ones. It is pondering how to give the killer a fair trial without turning it into a martyr-making propaganda circus. It is reviewing hate speech laws and has ordered a Royal Commission inquiry into how the attack happened and the intelligence failures that may have contributed to it. The majority of the nation followed its lead and demonstrated that most Kiwis are, in fact, decent people.

However, in the ensuing days the national conversation has been side-tracked. After a period of silence or contrition, rightwing outlets are back to their old enabling games. Outlets like the virulently Islamophobic Whale Oil and slightly more moderate blogs have enforced some degree of moderation when it comes to the language used by authors and commentators, but the hateful tone toward the “Other” remains the same when read between the lines. The rightwing rallying cry is defence of free speech, in which the ruse used is to deliberately conflate protected offensive speech with hate speech in order to demonstrate that “liberal” democratic values are under siege by overzealous Lefties using the tragedy and their control of the state apparatus to impose their will on dissenters. This risable argument is supported by some on the venerable Left who seem to be more concerned about defending the rights of nasty white people rather than consider the fact that it is those people who facilitated and enabled the nasty white guy’s mass murder of a bunch of brown folk whose sole crime was to exist (and who made a point when doing so by gunning them down when they were practicing their faith in their houses of worship).

Diversionary tactics aside, let us be clear. When it comes to free versus hate speech the issue is simple: any speech that incites, encourages, supports, applauds or otherwise instigates or excuses violence against individuals or communities because of who they are (as opposed to anything they have done, although even there the call to violence is debatable), has crossed the line from protected speech into hate speech. Offensive speech remains protected, but the urging of violence is not. The issue is not about causing offence; it is about causing harm.

The gun lobby also has decided that amnesia is the best part of public virtue so now moans and whines about “law-abiding” people losing their gun rights thanks to the government’s legislative reforms, conveniently forgetting that the killer was a law-abiding loser until the moment he stepped out of his car down the street from the Masjid al-Noor on Deans Avenue. Here too, the issue is simple (and I urge readers to look up my blog colleague Lew on Twitter to see his very reasoned explanations of the matters at stake). Tightening of licensing requirements and enforcement of laws governing purchase of semi-automatic weapons and removal of conversion kit and military-style weapons does not infringe on the privileges of the gun-owning majority (note that it is a privilege to own a gun, not a right no matter what the bloody NRA would have us believe). The law changes do not prevent anyone from using guns as tools to target shoot and kill critters. It just helps lower the human body count when a gun owner goes off the rails (do not get me started on the “but then only criminals will have such guns” argument because that is a matter for strict law enforcement, and law enforcement must have the will to, well, strictly enforce the law rather than play nice with gangs and assorted other bad guys).

Then there are the closet racists who have emerged into the light like the Hamilton city councillor and Immigration officer (?!), who besides ranting on Facebook (a prime vector for hate speech in spite of recent bans on white supremacists) about immigrant “scum” in Europe after the Paris terrorist attacks now says without a hint of irony that NZ needs to “move on” from the Christchurch event. He is joined by a-holes like Brian Tamaki, who claimed that the call to prayer on the day of national remembrance a week after the attack was proof the Sharia was being imposed on NZ. He appears to not be the only non-Pakeha religious leader (if you can call a fraudster con artist that) with this sentiment, as I have been told by informed community members that Islamophobia is very much a staple part of sermons in some Pasifika Christian churches.

Assorted talkback hosts and politicians are now in full “whataboutism?” mode, trying to equate the evils of Muslim extremists (and Islam itself) with those of other fanatics (while conveniently avoiding their ideological cause). This follows the denialism of such (perhaps as of yet closeted) politicians as Gerry Brownlee and Lianne Dalziel, who claim (Brownlee in very pointed remarks directed at me) that they were unaware of any white supremacists in Christchurch or anywhere else in NZ. Sensing an opportunity, people with ideological personal and agendas are in full throat, be it as purported experts on gangs and terrorism or pushing lines such as that the 1881 assault on Parihaka is a comparable atrocity (in which no one died).

Let’s not muddy the waters. Arguments about gun control and free speech and the historical grievances that are part of the national story are all diversions from the essence of post 3/15 New Zealand. The core subject is that of racism and the cesspit of bigotry in which it festers, from the enabling head-nodders to the inciting megaphones to the keyboard cowards to the actual perpetrators of physical and psychological (yes, they exist) hate crimes against people who supposedly are “different.”

This is not just a problem with a few skinheads. It is a problem for all. Some Pakeha hate Maori. Some Maori hate Chinese. Some Chinese hate Polynesians and some Polynesians hate Palangi. Some Maori and Pakeha hate Chinese and some Chinese reciprocate the feeling. Some hate Muslims and some hate Jews. Some hate Muslims, Jews and anyone who is brown, black or “yellow.” Some hate gays, lesbians and transgender people. Some hate red heads. Some hate the notion of equality when it usurps patriarchy or heteronormative values. Some hate is individual, some of it is institutional and some is systemic. Some hate involves relationships and asymmetries of power, but not always. Hate comes in multiple cross-cutting dimensions that serve as the foundation for ongoing bigotry and racism. In contemporary Aotearoa it may be a minority sentiment that is fractiously manifest rather than uniformly presented, but it is the wretched garden in which the bitter fruit of bigotry and racism are sown and reaped. And it is endemic in NZ.

THAT is what the national conversation should be about. That is what our children should be taught about. That is what the enablers, accomplices and purveyors of racism must be confronted with. This is no longer a time when we can look the other way, say “she’ll be right” and hope that the unpleasant stuff just goes away.

3/15 changed all that, and it is time to stand up and be counted. And being counted is not to just have academic panel discussions and government inquiries and commemorations. It is about confronting racism and bigotry wherever it rears its nasty head and however it is specifically manifest: on the streets, in buses, in shops, in schools, in sports clubs and volunteer organisations, in churches, in local politics, on-line, on talkback radio and in town halls and community fora–whenever the trolls rise there must be righteous people willing to call them out for what they are: ignorant fearful losers looking for scapegoats for their own failures in life.

It is hard to confront someone, especially if they are bigger or in groups. So strategies must be developed to help the average person perform this important civic duty. That means gaining the support of and involving the authorities so that complaints can be made and charges laid without undue risk to the good people calling out the antisocial misfits. Because if all we do is talk about what a bummer racism is and then go back to our own self-interested lives unwilling to actually walk the walk of daily anti-racist conviction, then we truly are a nation of sheep.

About that silly Mr. Bridges.

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In the wake of the Christchurch terrorist attacks, Simon Bridges wants to expand the powers available to the NZ security community when it comes to search and surveillance. He apparently believes that resurrecting “Project Speargun,” a 5 Eyes/GCSB 2013 effort to place a meta-data mining probe into the Southern Cross fiber optical cable connecting NZ to the world (via LA), would have prevented the attacks. He seems to not realize that Project Speargun was not fully abandoned but superseded by newer technologies, and that it would not have prevented the domestic terrorism attack in any event because it was foreign focused and used algorithms to reflect the concerns of NZ’s 5 Eyes partners (which were not focused on violent white supremacism).

He seems to think that the cyber-security program Cortex (designed to protect NZ firms and government agencies from hacking attacks) was somehow linked to Project Speargun (as some sort of inner-outer perimeter system). Yet the two are completely separate projects. As Leader of the Opposition Mr. Bridges sits on the Intelligence and Security Committee and gets regular briefs from the SIS and GCSB Directors, so the confusion and attempt to resurrect Project Speargun reflects a fundamental disconnect.

It also seems odd that a leader of a center-right party founded in part on classic liberal principles in defense of the right to privacy and the primacy of civil liberties would decide that there is political mileage to be gained by calling for more intrusive State powers at the expense of individual rights. Cynical opportunism, perhaps?

I was interviewed by RNZ about his comments. My observations are here.

After doing the interview and listening to Mr. Bridges remarks once again, it seems to me that he is a special piece of work. So I decided that the best thing I could do was honor him with a tweet from the consulting firm (which among other things does political leadership analysis). Here it is:

“When it comes to Simon Bridges calling for enhanced powers for NZ spy agencies, he is like a guy who says that he needs a telescope because his binoculars don’t work well enough, only to find out that the lens caps are still on the binoculars.”

The Hollow Giant.

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Towards the end of the Soviet Union, intelligence analysts in the US began to focus more on its social geography and less on its military capabilities (which if formidable were not keeping pace with US technological advancements). This came about because, unlike the Kreminologist bean-counters, more astute analysts saw in that technological stagnation fundamental signs of a society in decline. The simplest of the observations made during those years was this: the problem of productivity in the USSR “worker’s paradise” was in large part due to the fact that work only got done in the mornings. After a (liquid) lunch, workers simply were too drunk to put in more hours of hard graft. The problem was apparently pervasive, to include inside the Soviet military. This led to scrutiny of data on alcohol-related injuries, illnesses, deaths and other pathologies (street fighting, domestic violence) which, even if incomplete given the nature of Soviet rule, allowed the US intelligence community insight into the causes of what turned out to be a terminal malaise of the Soviet social economy.

Technological innovation is hard to come by, much less put into practice, when many of productive age prefer distilled spirits over spiritual or societal improvement. The “Socialist Man” was no more.

I say this because the US is starting to increasingly look like the Soviet Union in decline. The president just announced his 2020 budget proposal that includes US$714 billion on “defense” but cuts US$1.7 trillion from public health, education, welfare and social security allocations while decentralising and privatising nearly as much through the use of bloc grants to states and profit-oriented entities.

This is important to understand because the US is a nation with increasing numbers of elderly, fixed income residents who depend on social services to live out their twilight years with some measure of dignity and grace. It is in the midst of an opioid crisis of unparalleled dimensions, to the point that a US resident is more likely to die of an opioid overdose than in a car crash. The Trump budget does nothing to address that.

Income inequality continues to grow, with nearly 40 percent of US residents (140 million) living near or in poverty. Health indicators remain largely stagnant. While some areas improved, other declined, with geographic dispersion and income being major factors in health indicator scores nation-wide. Likewise, education statistics show a levelling off of the number of people graduating from both high school and tertiary institutions, while literacy rates are showing signs of slipping.

The point of these data source linkages is to show that while the US continues to devote huge amount of resources to its military, it is under-resourcing and therefore underachieving on major social indicators that are the backbone of a healthy, robust nation (both characteristics of the USSR in decline). With Trump in office the hollowing out process has accelerated to the point that the US has begun to cede ground to rivals when it comes to technological innovation: witness PRC advances in space exploration, Russian hypersonic weapons development and the myriad high tech incubators sprouting up everywhere from Mumbai to Buenos Aires.

This is not to say the the end is nigh, but it does indicate that if not Rome before the Fall, the US is starting to look more and more like the USSR before perestroika and glasnost.

The trouble for the US is that all of its ills are compounded by the crisis of its political system, which is not just embodied in the persona of Donald Trump and his entourage of grifters, incompetents and venal opportunists. It is also enshrined in the Republican Party, which abandoned any pretence of adhering to principle in pursuit of partisan gain and personal enrichment. That in large part is due to the profound corruption of the political system, now dominated by corporate lobbies and insider deal-making that are oblivious to the popular will. This extends to the judiciary, which far from being independent in many instances has deep ties to the private and public agencies that it is responsible for adjudicating (for example, via the appointment of corporate lawyers to state-level and federal district benches).

The USSR was fortunate to have Mikhail Gorbachev as its eighth and final leader. He knew that the pathologies mentioned at the start of this essay were irreversible under the system as given and that the USSR could not respond to, much less sustain the pace of the competitive pressures of strategic rivals pressing ahead with socio-economic and military advancements. He knew that the system was broken and had to change, not only economically, but socially and politically as well. As much as we may look back at his days as tinted with too much idealism and too little understanding of the deeply rooted authoritarian ethos embedded in Russian culture, he was able to resurrect Russia out of the ashes of the former USSR and set the stage for its return to great nation status under subsequent (and much less enlightened) leadership.

The US has no such saviour. What it has is the political equivalent of a drunken sailor lurching about after a night on the terps. In fact, to continue the analogy, the US political system is a bit like the drunk who finds himself lying in a gutter, bruised and covered in his own secretions. At that moment, he has two options: realise that he has hit rock bottom and get up and seek help; or roll over, sleep it off and continue on a bender once he can stand again. The US–or at least the Republican Party and the MAGA masses–has chosen the second option.

For Soviet workers in the late 1980s and early 1990s, the turn to liquid lunches represented a quiet, passive protest against the failures of the worker’s State. It was a weapon of the weak used against uncaring bureaucrats and apparatchiks who no longer related to the everyday struggles of the Soviet Man. Used as a form of collective action, it slowly ground the Soviet productive apparatus to a near halt, thereby making it vulnerable to the pressures of its external rivals at the same time that it no longer had the internal vigor, will or stability that allowed it to defeat the Germans in WW2 and grow into a super-power. It was just a shell of its old self, a mostly declawed paper tiger that while dangerous if cornered, was in need of rejuvenation based on fundamental social, economic and political change.

In a sense the US is in the same predicament, except that it does not know it yet. Its form of capitalism has gone from cowboy (they would say “entrepreneurial”) to rapacious. It is no longer a meritocracy for all (if it ever truly was), at least if the recent university admissions pay-to-pay scandal is any indication. It still has leading edge sectors of the economy, but the bulk of GDP is located in provision of services rather than production of tangible assets. It has a political class that is decadent, venal and corrupt. And it has an alcoholic’s blindness to its own flaws and failures, instead hiding behind short-sleeve patriotism and nationalistic bluster.

Robert Mueller will not be the US’s Gorbachev. Even when Trump is removed, the systemic problems that have caused the US decline will remain. The crisis, in a word, is organic. US politics is broken, society is fractured and the economy is more brittle that it appears at first blush. Maybe the Democrats will stage an intervention in 2020 and remove the addled-minded bully from the White House along with his congressional enablers. Perhaps a new social contract can emerge from the MAGA mess that rejects its core tenets of chauvinism, xenophobia, bigotry, ignorance and greed. It is possible that the era of short-sighted economic opportunism rooted in finance capital, the military-industrial complex, social media tech and fossil fuels will finally come to an end. But if that does not happen, then the Hollow Giant will plod along like Nero in a stupor or the USSR under Brezhnev until it, too, ultimately falls.

The unwanted jihadist.

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It turns out that Kiwi-born Mark Taylor, known as the so-called “bumbling jihadist” because he left the GPS tracking feature on his phone while he made pro-Daesh videos (including one where he burns his NZ passport and another where he calls for jihadists to stab police and military officers at ANZAC Day celebrations), has surrendered to the Syrian Democratic Forces, a Kurdish peshmerga alliance that is part of the mostly Western military coalition fighting Daesh under the name “Operation Inherent Resolve.”

He was fortunate or smart enough to surrender to the Kurds, who respect the laws of war and Geneva Convention when it comes to captured jihadists, something neither the jihadists themselves or the Syrian Army are in the habit of doing. This means that he can be transferred to other, Western members of the coalition for juridical administration. He is merely being held by the Kurds after he admitted who he was and that he was a member of Daesh. As far as the Kurds are concerned he has committed no specific crimes under their laws (beyond, perhaps, criminal association), so he is taking up space in a cell reserved for more unpleasant characters.

The issue of what to do with him has become a political football in NZ. The PM says that there is little the government can do for him because it has no diplomatic representation in Syria, much less the East Syrian conflict zone. But she then says that as a NZ citizen he is “our responsibility” even if NZ cannot help him where he is. The Deputy Prime Minister/Foreign Minister says good riddance to him, in part because he turned his back on his birth country and in part because he is a bigamist. The Opposition and Right-wingers of all types set to xenophobic baying about his betrayal of his home country, the risk he poses and the amount of taxpayer dollars that would be wasted on his return both in terms of travel as well as monitoring and incarceration of him.

The PM went so far to say that NZ has “no relationship” with “the forces” fighting in Eastern Syria even though it is well known that US, UK, Australian, French and German forces are fighting alongside the Kurds and NZ SAS troops are rumoured to be doing so as well. The NZDF has senior officers on the Joint Task Force staff assigned to Operation Inherent Resolve, so the notion that NZ has “no relationship” to those fighting in Syria (the same forces who drove Daesh out of Mosul and westward into Syria) is disingenuous in the extreme.

What is worse, the Australian journalist who interviewed Taylor in the Kurdish jail claims that Taylor told him that he was interviewed by NZ intelligence officers (presumably SIS) shortly after his capture/surrender in December. If that is true, then the government has not only known for a while about his whereabouts but is claiming no possibility of contact with him even though he has had face-to-face meetings with NZ agents. Be that as it may, I am still of the opinion that he may have some useful intelligence value left in him, as questioning in a Kurdish jail in winter is a bit different than interrogations conducted in a NZ detention centre at any time of year.

Given the amount of dissembling and ignorant ranting going on, I thought that I would clarify some of the issues at stake.

On the matter of whether or not Mr. Taylor has NZ citizenship in light of his renouncing it: Only a State can confer and withdraw citizenship. A person claiming to renounce citizenship without State sanction is just stating intention, not deed. Burning a passport (a token of sovereignty) just prevents one from legal inter-State travel. Citizenship is conferred by birth or by application and only lost when the State withdraws its recognition of it. That has not happened with Mr. Taylor. He remains a NZ citizen.

Under international law undocumented criminal suspects, including terrorists, are to be returned to country of birth if known. If an undocumented suspect is captured in battle or surrenders to an allied belligerent in a recognised conflict, s/he is a POW and must be treated as such. This includes irregular non-State belligerents captured by non-State actors like the SDF working alongside State militaries during an internationally approved (in this case UN-sanctioned) conflict against a common (in this case non-State) foe.

If possible, captured undocumented enemy POWs must be returned to their known country of origin to face justice. They can be kept in allied and home country military custody during transfer. There is no need for consular assistance or travel docs if they remain in military custody, just access to legal advice during process. Conversely, the military can transfer the prisoner to a location where his country of origin has diplomatic representation, whereupon he can be issued emergency travel documents. NZ has representation in both Iraq and Turkey, both of which have ties to the anti-Daesh coalition. It is therefore relatively easy to move Mr. Taylor out of Kurdish custody, into Western military custody and onwards to a location that either has NZ diplomatic representation and /or NZDF presence to whom he can be delivered (think, for example, of moving him from Kurdish-held Eastern Syria to Camp Taji in Iraq).

Should Mr. Taylor be returned to NZ he can be arrested and charged at the border under the Terrorism Suppression Act for being a member of an internationally-designated terrorist entity. To that can be added other charges depending on what he is suspected of having done while with Daesh and the evidence compiled of him doing so. At a minimum he could receive a 6-7 year jail term for aiding and abetting a criminal organization. At a maximum he could he found guilty of war crimes or crimes against humanity if he is found to have participated in atrocities or collective acts of violence against civilians (such as the enslavement of Yaziri women and girls as sex slaves. He has admitted he would have liked to have had a sex slave but could not afford one, so the question remains as to whether he participated in any act of kidnapping or enslavement while in Syria). NZ has legal authority to prosecute its citizens for war crimes and even though it does not have the death penalty (except, apparently, for treason), a guilty verdict on a war crime could result in life imprisonment.

Concerns have been voiced that if he returns home the leniency in the judicial system could see him freed and out on the streets. There is a possibility of this if his defence attorneys ask for psychiatric evaluations that prove that he is not mentally competent to stand trail. He clearly is intellectually sub-par (an uncle of his claims that he suffered brain damage as a toddler during a fit of some sort), and his actions over the years indicate that he may be a bit of a lost soul. Even his co-religionists at the mosque that he worshipped at in Hamilton say that he was more interested in companionship and a sense of belonging than in waging jihad.

If he is released he undoubtably will be monitored closely, not only by the security services but members of his own religious community. In fact, I would not be surprised if he is shunned by the latter because of the disrepute he has brought upon them. So as far as posing an on-going risk to society if he returns and is freed, I would hazard the guess that it would be very low.

The more likely scenario is that he will return in custody, be held on remand during the time he is on trial, be found guilty of terrorism-related crimes and sentenced to a significant period in prison. Some believe that if that happens he will then work to radicalise fellow inmates, as is often a common practice in US and UK jails and which has some precedent in NZ. But the truth is that Mr. Taylor is a follower not a leader and does not have the cunning and agile thought processes that would make him a convincing jailhouse preacher. So here too my reckon is that he will not pose a threat of radicalisation to other inmates. If anything, other inmates will pose a threat to him (think white supremacists, gang members and others who make take a dim view of his citizenship renunciation and embrace of Islam and jihad).

There is question as to whether he has wives and/or children in Syria. That is a humanitarian concern because arguably they are innocents caught up in his mess. If it turns out that he does in fact have family in Syria, the question is then what to do with them? If they have no connection to NZ it is perhaps best for them to return to their hometowns, but that is a question that refugee resettlement and immigration officials will have to address in the event that he is returned to NZ.

The most sorry aspect of this is that the fate of Mr. Taylor has become yet another pawn in the partisan bickering in Wellington. The truth is that the case is straight-forward: he is a NZ citizen and member of a terrorist organisation who was captured by allied forces. His return is mandated by international law. NZ law requires that he be arrested, charged and tried according to provisions in the Terrorism Surpression Act and perhaps other related laws. Anything other than this is an abdication of responsibility by the NZ government and a denial of his democratic rights to a fair trial and legal defence (because even bad guys have legal rights in democracies).

For NZ there is opportunity in this process. Returning him and putting him on trial demonstrates that NZ is a responsible international citizen that assumes the burden of dealing with its own when they misbehave (because let us be clear: membership in Operation Inherent Resolve is not just about contributing to the military campaign against ISIS in the Levant; it is also about accepting responsibility for deciding the fate of coalition member citizens who joined ISIS and lived to tell the tale after capture). It gives the Crown an opportunity to test the TSA after the fiasco of the Urewera 18 case (the so-called “dog’s breakfast” case that saw seven people eventually tried on firearms, not terrorism charges). It shows that NZ is a a nation where the rule of law supersedes political cynicism and popular sentiment. It serves as a cautionary tale and possible deterrent to other home-grown would-be jihadists. And it keeps at least one foreign fighter from returning to Daesh any time soon.

Legacy investments versus speculative investments.

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Among the arguments about instituting a capital gains tax in NZ (common in many parts of the developed world) is the claim that much property is family residence or inheritance in nature. The argument goes that it is unfair to not differentiate between the sale of a family home, granny flat or holiday residence by middle and working class people and the sale of properties bought by developers and speculators with the intention of “flipping” them for a profit. The first category are long-term, emotionally laden investments whereas the second is simply about making money.

I see merit in the argument for differentiation of property investment categories. In particular, I see a difference between legacy investments and speculative investments. Legacy investments are those where property is bought for family use over time. These can be the main family home but more often are second, smaller flats or holiday homes that are passed on between the generations (think of the archetypical bach or a crib). The emotional as well as financial investment in such places is not based on eventually securing returns but on preserving collective experiences and traditions from generation to generation and giving off-spring the chance to acquire a property stake without the exorbitant financial costs associated with the contemporary real estate market (for example, an equity share in a family bach may help towards securing a first time mortgage loan). It specifically excludes using family members as fronts for speculative purchases (say, of a family farm).

Speculative investments are just that: property investments that are designed to be on-sold in a relatively short period of time in order to secure a positive financial return. Here the intention is to make short-term money off of the buy/sell transaction.

I would suggest that a capital gains tax is appropriate for all speculative investments. They become another cost of playing the real estate flipping game and will eventually be incorporated into the real estate price architecture. On the other hand, I do not think that capital gains tax is appropriate for legacy investments. If a family property is on-sold within blood lines or divided into part ownerships to children and grandchildren, it seems to me that the less financial burden imposed the better for all. People get to keep their properties within the family and share in the collective benefits over time and generational change. That includes rental income from family owned property subject to the requirement that the property must be used by family members for given periods within a specified time frame (this would allow seasonal rentals and other short-term lease arrangements to non-family).

The system would work if there is a legacy declaration made on a property at the time of purchase. Again, this may be less appropriate for a main family home that could likely be on-sold to strangers as the family demographic shifts. There a capital gains tax would apply. But it very much should not apply to properties that families hope to preserve within the bloodlines for posterity. Here on-selling to relatives should not incur capital gains taxes.

On-selling under the legacy clause will require verification of family lineage, and any sale to non-family voids the legacy declaration and makes the sale subject to capital gains tax. Those who try to cheat the system and are caught will be subject to heavy financial penalties in excess of the tax otherwise to be paid.

I am not an economist much less a taxation expert but it seems to me that distinguishing between legacy and speculative investments in the property market strikes a good balance between profiteering and homesteading. I admit to not having thought through all of the implications inherent in this proposed scheme so if any readers want to illuminate me please feel free to do so.

I have no doubt that clever devils will immediately try to game the system and seek out ways to turn legacy homesteading into profit-driven speculation. But with a detailed code of compliance and robust enforcement regime in place, it is possible for this approach to split the fair difference between an all or nothing capital gains tax on property and one that reflects the nuances in property buying preferences. Or perhaps that is simply too much to ask in an ideological climate where the very idea of taxing something other than salaried income, business earnings and consumer purchases and services is considered sacrilegious by the Right.

PS: I have been informed by the smarter adult in my house that this is a silly idea and unworkable. She also points out that trusts already allow for inter-generational transfers of wealth/assets without being subject to tax on the transfer. I am not familiar with trust law and am not going to risk savaging by pointing out that family trusts are something more likely to be created by the well-to-do rather than the middle class, so must accept the scolding and move on. If anyone is familiar with the intricacies of trusts, please feel free to explain.

Interest, values, trade and security.

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24

The media frenzy about the NZ-PRC relationship got me to thinking, but as I got to thinking I found myself meandering off of my original train of thought. You see, at first I was pondering the one-sided, hectoring nature of the media coverage, where pro-China shills like the business writers at the Herald and assorted corporate types and National Party flunkies like Tod McClay were allowed to run their mouths about how the relationship with China was headed down the tubes. There was the Kiwi coward resident 34 years in China* who implicitly disparaged Anne Marie Brady by saying that “(i)t’s unhelpful for politicians and a few anti-Chinese professors to feed uncorroborated McCarthyite conspiracies about Chinese spy networks in their countries and targeting anyone who doesn’t share their view.” There was Audrey Young’s reference to “ivory tower” eggheads in her regurgitation of business lobby bullet points. All of this was offered without a single rebuttal.

  • *I am not going to mention this useful fool’s name but it would have been nice if a “journalist” has asked him, given his long residency in China and successful business ventures there, whether he was a dual citizen and/or member of or has ever had any formal contact with the Chinese Communist Party, whether he has ever had to “facilitate” transactions or provide pay-offs to party or local officials and whether he is on any Chinese government payroll as a spokesperson, business “ambassador,” representative, go-between or in any other capacity. I say this because it is unusual for Chinese authorities to allow non-diplomat Westerners to comment on official reactions to PRC-related events in foreign countries even if they are citizens of the country in question.

There were even pro-China academics featured in the media and assorted pundits opining that the Labour-led government needed to pull an about-face and correct things ASAP. There were the usual skeptics about the GCSB rational for advising against using Huawei in the 5G roll-out. One of them, a well known rightwing blogger and pollster, used a 2012 junket to Huawei headquarters paid for by the company to proclaim that all the security concerns were a stich up up of an honest company so that Western telecom firms could gain a competitive advantage. There were the usual shouts of racism from the Chinese language media and wanna-be “influencers.” There was even something that looked suspiciously like a planted fake news article in an English language mainland media outlet that was extensively and uncritically quoted in the Herald that said that Chinese tourists in Aoetaroa complained about being “stabbed in the back” by the Kiwis. I shall leave aside the curious fact that the article only appeared in English and used rather odd quotes to describe the reaction of tourists to a minor diplomatic row involving their home and host countries–a row that had zero effect on them.

It was all so sickly obsequious to the Chinese that my initial thought centred on whether most of NZ’s business and political elites (and their lackeys in the media and academia) were so obsessed by self-enrichment, greed and short term opportunism that they completely lost sight of their moral compasses. After all, China is a one-party authoritarian state that uses mass internment camps to control a restive ethno-religious minority, mass surveillance as a form of social control, violates human rights in systematic fashion, transgresses international norms and laws as a matter of course (such as in the island-building projects in the South China Sea) and uses bribery, corruption, fraud and intellectual property theft as an integral part of its business development models. This would seem inimical to the values of the paragons of virtue extolling the “special relationship” between the PRC and NZ but nooooooo. The Chinese are good for the NZ economy and that is all that matters. It would seem that the trade-oriented business elites and their political puppets are China’s Vichy representatives in Aotearoa.

That sent my thoughts in a more academic direction. I recalled that Marx wrote that the combination of private ownership of the means of production and universal suffrage could not hold because if everyone got an equal vote and only a few were property owners (capitalists), then capitalism would be voted out of existence. He was wrong about that due to the reform-mongering function of the capitalist State, but that got me to thinking that he also wrote that capitalists were incapable of being patriots because profits were made globally and hence their interests were not confined to their countries of origin. People may recall that in the Manifesto he wrote “workers of the world unite!” as a response to capitalism as it entered the Gold Age of imperialism, a topic that Lenin subsequently developed a greater length.

It occurred to me that in the arguments about China we see a NZ variant of this. NZ capitalists and their toadies do not give a darn about democratic values, transparency, norms, a rules based order or the security concerns of Western states. They are in it for the buck and if that means kowtowing to a dictatorship then so be it. Given that NZ business and political elites have kowtowed to the likes of the Saudis, this should not be surprising. In their view if there is money to be made then the less impediments to doing so the better.

The smarter types will show the structural impact of Chinese trade with NZ by citing the usual $27 billion in 2018 bilateral trade figure and 8,700 jobs connected to it. But this trade is mostly in milk powder, tourism and English language and tertiary education (as NZ exports) and consumer non-durables (electronics, light machinery and plastics, mostly) as imports, so it is not as if NZ is going to turn into a high tech artificial intelligence and robotic hub thanks to the Chinese. The bottom line, then, is the bottom line: NZ capitalists by and large will cling to the window of opportunity presented by the opening of the Chinese market even if it confirms our trade dependency on primary goods and agro-exports and even if it means sacrificing NZ’s commitment to principle when it comes to exercising an independent foreign policy.

That was going to be the end of my thought process on the matter. I was going to balance the criticism of China by noting that the US and traditional Western partners have less than stellar records in their foreign relations and spy histories and that the US under Trump is an insane clown posse when it comes to international affairs even if the intelligence and security professionals who staff the 5 Eyes network would not be swayed by the craziness swirling around them and would make assessments about security matters on objective grounds. But then I got to thinking about something I read repeatedly on right-wing political sites: values.

One of the major objections to the Chinese and NZ’s relationship with the PRC appears to be the issue of values, or the fact that we do not share values. People point out the long cultural ties that bind NZ to the UK and Anglophone Commonwealth as well as the US. They point to joint sacrifices in war and peace, common sports, notions of good and bad, proper behaviour, etc. These folk do not want these shared values to be usurped and replaced by Asian values, or at least the Confucian-derived cultural mores that contact with China brings to NZ. The list of fears and concerns is long but the bottom line is that many on the conservative side of the political ledger have real fears of the Chinese “other” that go beyond the “Yellow Peril” of the Cold War.

That prompted a turn in my thought. You see, although I have a fairly idealistic streak and understand the utility of constructivism in international relations practice, I am a realist at heart. And realists are not sappy snowflakes looking for a global group grope. Instead, they focus on two things as the currency of international relations and foreign policy: power and interest. As the saying goes, in an anarchic world or Hobessian state of nature where values are not universally shared and norms are contingent on voluntary acceptance by independent State actors as forms of self-imposed restraint, then what matters is the exercise of power in pursuit of national interest.

That leads me to the following pseudo-syllogism:

States have interests, not friends.

Foreign partnerships are based on interest, not friendship.

Trade and security relationships are therefore interest-based.

They may overlap, complement but should never countervail.

A State’s degree of interest in any matter is self-defined.

Values help define but do not determine interest.

Interest may be influenced by values and values may involve shared cultural mores, norms and history that make for notions of “friendship,” but interest is not reducible to them.

Interest prevails over values when interest and values are at odds.

It is the relationship between values and interest that concerns me now. If I accept that values are only part of the definition of interest, then I must accept that shared values do not necessarily place some forms of interest above others. Nor does the absence of shared values do likewise in the negative. And if that is the case, then the matter of trade versus security must be weighed based on the degree of value-free interest in each and the impact each has on the ability of NZ to wield what limited power it has on the global stage.

The issue is problematic because NZ has long claimed to have a “principled” foreign policy that is based on the values of independence, multilateralism, transparency, non-proliferation, human rights adherence and assorted other good things. I do not believe that NZ actually adheres to these when push comes to shove or even as a foreign policy bottom line, but if virtue signaling in international relations is characterised as lauding the role of “principle” in foreign policy, then NZ is the semaphore of that movement.

To be sure, NZ is a trading nation and is committed in principle to it. Securing a favourable balance of trade that helps GDP growth and distribution is a matter of economic security and must be included in any national security estimates, to include threat assessments. There are as a result practical and principled reasons why the issue of assessing relative interest is so important and why it may favour the trade whores.

Put another way, what are the interests at stake in NZ’s security relationships and what is their worth to the national well-being when juxtaposed against the country’s trade relationships (since security and trade have been uncoupled in the NZ foreign policy perspective)? If the benefits of trade are real and immediate while the benefits of security partnership are more ethereal or hypothetical than real (especially given the actual and opportunity costs involved), interest would dictate that trade should be favoured over security. But what if the benefits of security relations are more like those of insurance policies, in which you only fully realise them when you need them? How do you calculate the pluses/minuses of the trade-security dichotomy over the medium to long-term?

I do not have the answer to this. I have written plenty about the NZ-PRC-US strategic triangle and the unfortunate balancing act NZ has to engage in because of the misguided attempt to trade preferentially with China, on the one hand, and seek security guarantees through partnership with the US, on the other. Either could have worked in isolation or when the two great powers were not in competition, as it seemed when the two-track foreign policy approach was developed and refined in the late 1990s and early 2000s. But those days are long gone. There are ascendent and descendent great powers contesting for dominance in the Western Pacific, and we are just another pawn in their increasingly acerbic game.

So the question now is how do we measure “interest” in our trade and security relationships and which, on balance, should we favour given the centrifugal pull of each on our policy-makers? Do we give up our Western-centric security ties to fully embrace a China-led Asian/non-Western foreign policy orientation? Or do we give up the material benefits of our Asian-focused trade, learn to live within our means and reaffirm our security ties to our “traditional” partners? Is there a middle road or happy medium that can be pursued without suffering the consequences of alienating our partners on either side?

That seems to be the preferred option for the moment. But that assumes that NZ has a choice in the matter and that its behaviour will influence the corresponding behaviours of its larger, contending interlocutors because their respective interests are maintained by our dichotomous foreign policy approach. That is a very tenuous assumption to make because it is also quite possible that in the end it will be a larger partner who, exercising its power over us in its own national interest within a strategic context dominated by great power rivalries, that makes the choice for us.

Spare a thought for Anne-Marie.

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7

Put yourself in the following position: You are a professor at a NZ university, a NZ citizen who although well-known in your academic sub-field is virtually unknown outside of academia. Your research interests focus on the foreign policy of an Asian country and you have written well-received books and articles about aspects of it. You speak and read the language of that country and have many contacts in it. Because of your acknowledged expertise, you are invited to give talks and presentations on these subjects and are awarded visiting fellowships at prestigious institutions overseas.

In 2017 you write a paper about how the country you study influences politics in NZ. The paper is not theoretical or conceptually ground-breaking, but instead gives a fairly detailed description of the people and organisations involved in promoting the interests of that country in Aotearoa. It demonstrates the pervasiveness of this influence-mongering amongst the NZ political elite, including the two major political parties. It also shows the systematic way in which this country uses front organisations to control the foreign language media related to it as well as shut down independent ex-pat voices critical of it. The country you study is, not surprisingly, ruled by a one-party authoritarian regime and intolerant of criticism at home and abroad.

The paper is first presented overseas, whereupon the local media seize upon it to highlight how that country is exploiting the NZ political system. You receive much media attention and gain your five minutes of fame.

However, within weeks of it being made public, you begin to receive threatening messages and phone calls from people who apparently do not like the thrust of your paper. A few months after its publication your university office and home are burgled, twice. Nothing of value is taken other than some cell phones, lap tops and flash drives. The thieves make no attempt to disguise the robberies.

You go to the police to report the crimes. You have not had this happen to you before and you are concerned that the burglaries may be connected to the threats about your paper. The police initially fob you off saying that burglaries are a low-level crime and therefore of low priority, but then re-open their investigation after you go to the media to express your concerns that something sinister may be at play. The police dedicate a special investigative unit to the task and contact Interpol, the international police information sharing organisation, about the case. Months go by.

Almost a year after the burglaries, while your car is being warranted, the mechanics doing the job notice that your front tires appear to have been deliberately deflated. Not knowing who you are they contact the police because they believe the vandalism could result in a serious accident. The car in question is used by other family members as well as yourself, so when the police contact you it causes you further alarm. You worry about the safety of your husband and children as well as your own.

A few months after the tire-tampering the Police issue a statement saying that the investigation has concluded with no culprits having been found, either for the burglaries or the tampering. They encourage people with additional information to come forward but reiterate that they will not continue to investigate the case. The offenders have gone free. Meanwhile, even though statements of support for your right to academic freedom and freedom of expression have been signed by scholars and activists at home and abroad, the government–including the Prime Minister–refuse to be drawn on the case.

What are you to do? Here you are, a NZ citizen who has every reason to believe that the actions taken against you have the hand of a foreign power. behind them. The police offer you no protection but instead advise you to up your own security and have the university do likewise in your workplace. You do not know if the offenders are still in your home town or if they will come back again. You put on a brave face but you are afraid. You might even consider moving to a safer place, perhaps out of the country.

This is the situation facing Anne Marie Brady. All she did was write a paper detailing Chinese influence in NZ politics. She deserves to have her rights as an academic and a person of conscience defended by those entrusted with protecting the security of NZ citizens. Instead, those responsible for doing so decided that there was nothing that they can do. She is on her own in her own country.

Perhaps there are reasons of State behind the Police decision to wind up the investigation. Perhaps the Police are simply incompetent and wasted over a year chasing shadows. Either way, professor Brady has reason to feel that she has been abandoned by the authorities.

If in fact the burglaries and vandalism were done to intimidate her because of what she wrote, and if the perpetrators were aided, abetted or acted as agents of the Chinese regime, then they succeeded. Because even if professor Brady will not be intimidated, the real message from the NZ Police and the Labour-led government is that those who write critically about the PRC do so at their peril even if they do so while on NZ soil.

Is Israel Democratic?

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17

An interesting thing happened after I wrote last week’s first blog post about Venezuela ( https://www.kiwipolitico.com/2019/02/on-the-venezuelan-mess/). A gentleman from the Israel Institute of New Zealand wrote me at my business email address to request a correction or retraction for something I had written in that post. The objectionable phrase was my reference to Israel as “semi-democratic.” He pointed out that Israel ranked just one point away from France as a “flawed” democracy in the latest Economist democracy ratings, not far behind Germany. In that post I characterised France and Germany as Right-leaning “advanced democracies” so he reckoned that I had slighted Israel when I labeled it as “semi” democratic instead.

We backed and forthed on the subject for a day or so. I told him that I based my characterisation on the fact that Arab Israelis are treated as second class citizens. I told him that I would leave it at that and not get into the subject of settlements on occupied land, the drift rightwards towards extremism and intolerance in its politics under the Likud Party (created by those paragons of democratic virtue Menachem Begin and Ariel Sharon and now led by Benjamin Netanyahu), the corruption of its government under Netanyahu (and his predecessor), its approach to Palestinians etc. He countered by pointing out that Arab Israelis have all rights given to non-Arabs, that they do not have to do compulsory military service but can vote and that a High Court judge who will hear Netanyahu’s corruption trial is an Arab.

I explained to him that I do not take the Economist’s ranking as gospel. In fact, I think that they are flawed due to an Anglo-Saxon bias and formal procedures and frameworks rather than substantive interactions (for example, I believe that New Zealand is ranked too high and Uruguay is ranked too low in the Economist list). I pointed out that I had an academic background that included writing about democratic theory (and democratisation in practice), so understand democracy to involve procedural (free and fair elections), institutional (impartial application the rule of law), societal (toleration, equality as mass values), and economic (fair distribution of productive wealth) dimensions, all of which I believe are deficient in Israel. He replied that Israel fulfilled the first three criteria. I also told him that I was raised in a strongly pro-Israel household and that I understood its unique security and geopolitical conditions as well as the fact that, when compared to pretty much every other nation in the Middle East, Israel was the most democratic of them. But that is just damning it with faint praise.

Perhaps I expect more of the Israelis, but its behaviour in the last two decades (and more) leads me to believe that it is no longer (if it ever was) a liberal democracy. Just because people have formal, de jure rights on paper does not mean that they have de facto rights on the ground. It may not be apartheid but in its treatment of Arab Israelis, African migrants and other non-European Jewish peoples, it falls very short of the “equality for all” mark that I would expect of a truly substantive democracy and well short of most European, North American and Antipodean democracies. This is not to say that the latter are all healthy and above reproach. It just means that Israel does meet even their lowered standards.

We agreed to disagree. I did not print a reaction or correction. I invited him to explain his views in a comment on the thread but he declined. After our correspondence I found myself thinking about how KP readers would classify Israel. I realise that given the ideological leanings of the blog many will be firmly in the anti-Israeli camp, but I wonder what, upon honest reflection, readers think about Israel’s form of governance. In other words, what argument do readers make to themselves about where they stand on Israel?

So here is an invitation for readers to express their views on the matter, formally posed as this question: is Israel democratic? . That way we can get a sense of how intelligent (mostly Left and Kiwi) readers see the Jewish state. But first a few rules:

No anti-Semitic anything. One can be anti-Zionist without being anti-Semitic (as an example, see this). One can criticise Israel without running nasty alt-Right tropes. One can defend Israel without resorting to false charges of anti-Semitism against those who oppose it, and one can defend Israel without making bigoted or other prejudiced remarks about Arabs, Palestinians etc. No re-litigating history. Israel is here to stay regardless of what some might prefer. And, as other democracies have done, it has behaved ruthlessly towards its enemies. So please, do not go down the worm-hole of who did what to who first.

IT goes without saying but is worth repeating nevertheless: No personal attacks on other commentators. Keep the discussion polite, rational and on-topic. I say this because any time Israel is mentioned people tend to lose their senses when confronted with contrary views. It really is a hot button issue.

I shall moderate the comments section a bit more vigorously given the subject matter. But by all means have at it because I am genuinely curious as to how people come to form their opinions on Israel.