Category: Intelligence and Security

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Tactical Utu in a Strategic Quagmire.

News that the NZSAS conducted a raid against those responsible for the death of Lt. Timothy O’Donnell last August should come as no surprise. Although Wayne Mapp once again dissembled in public about the purpose of the raid, which resulted in the deaths of nine Taliban and reportedly eight civilians due to stray fire from close air support (not the NZSAS), the point of the exercise was threefold: to exact utu on those who killed a NZ soldier; to provide a deterrent for other such directed attacks against NZDF personnel in Bamiyan province; and to send the message to the Taliban in neighbouring Baghlan province (from where the attack on Lt. O’Donnell’s patrol was organised and carried out) that Bamiyan is off-limits. The raid was personal: it let NZ troops in theater as well as adversaries know that the NZDF takes very seriously fatal attacks on its personnel, and will respond accordingly (that is, symmetrically if not overwhelmingly).

This is, quite frankly, an axiom of combat that serves good tactical purpose. After all, the Taliban are a fighting and revenge-minded culture, so failure to reply in kind and in timely fashion to the IED  and small arms fire ambush of Lt. O’Donnell’s patrol would have been perceived as a sign of weakness and invited more and larger attacks. However, the question remains as to whether the SAS utu raid serves the larger strategic interests of the ISAF coalition of which the NZDF contribution is part. The answer, unfortunately, is in the negative.

I shall leave aside the fact that John Key said in 2009  that the NZSAS was deployed in a “training and mentoring” role for the Afghan Army counter-terrorism Crisis Response Unit (CRU) based in Kabul,  and that it would not be engaged in combat operations. I shall also leave aside the fact that Mr. Key has continued to say that the SAS would not lead any raids but instead, as part of its mentoring role, “accompany” Afghan troops into battle when needed. Yet the raid against Lt. O’Donnell’s killers was led by the SAS in concert with US troops and air cover, with only a supporting role delegated to Afghan Army units.

Perhaps the fiction of the NZSAS non-combat role is needed for domestic political cover, although it seems to me that Mr. Key and Mr. Mapp are either deluded or have contempt for the public’s understanding of what the SAS does for a living. But the real issue is whether employing the SAS outside of its publicly acknowledged remit serves the strategic objectives of the ISAF coalition. There again, the answer is less comforting than the tactical success of the utu raid.

The fact that in the aftermath of Lt. O’Donnell’s death and the utu raid the NZDF has deployed a half dozen Light Armoured Vehicles (LAVs) to Bamiyan as reinforcements for the Humvees and armoured Hiluxes that the NZDF use when on patrol suggests that the raid did not necessarily improve the security of those patrols. That in turn means that the strategic situation, at least as it mircrocosmically plays out in Bamiyan, has not improved as a result. Moreover, because the LAVs are up-armoured (i.e. reinforced) and wheeled, they cannot be used on the narrow goat tracks and other pathways crisscrossing the mountains of northeast Bamiyan where Lt. O’Donnell was killed (along the border with Baghlan), so they are designed for use in flatter districts closer to the PRT headquarters. This means that after eight years of doing reconstruction work in Bamiyan, the security situation has gotten worse not better, and that is not entirely due to Taliban cross-border raids emanating from Baghlan.

In sum, the SAS search-and-destroy mission against Lt. O’Donnell’s killers was an efficient, calculated and deliberate act of utu that serves as a morale-booster for NZDF troops on the ground as well as those who in the future will deploy to hostile theaters. It gives the tactical enemy some food for thought and a measure of pause before it commits resources to attacks on the NZDF. But it does not, and cannot improve the strategic balance between the Taliban and ISAF. That is only important because in a conflict between irregulars fighting on home soil against a modern conventional military coalition, a military stalemate favours the irregulars.  If the military stalemate continues without political resolution, then the odds increase that the irregulars will prevail. Tactical success in a strategic quagmire, in other words, means little in terms of the long-term picture. Since ISAF is committed to withdrawing the bulk of its troops by 2014, all the Taliban have to do to ensure their long-term goals is harass ISAF forces as they prepare to depart while cementing the Taliban position as alternative sovereigns-in-waiting.  

All of which means that, utu reprisals notwithstanding, there is a distinct possibility of more NZDF casualties so long at the strategic balance in Afghanistan remains deadlocked or favourable to the Taliban.

Mr. Key and Mr. Mapp would do well to ponder this fact, and to be more honest in their public pronouncements about the SAS mission.

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Ending my academic career.

This is a personal note. I have finished classes at the National University of Singapore, ending my visiting professorship at that institution. Although I have some marking to do before I wind things up at NUS, it looks to be the last time that I will grace a classroom. Rather than with a bang, I am going out quietly (although not quite whimpering). The moment is bittersweet.

Some detractors and malicious rumor-mongers notwithstanding, I have generally had very good evaluations by students in the four countries in which I have taught. I have also enjoyed having the library access and other support that goes with university employment, which has allowed me to research and write on over a dozen issues and countries spanning the fields of comparative and international politics. The output has been good–3 books, over 50 scholarly articles, chapters, reviews and monographs, more than 120 opinion and editorial essays and a a swag of nice fellowships, including Fulbright, Heinz, Tinker and Kellogg research fellowships as well as an Asia-Pacific Rim University fellowship the year before Auckland dispensed with me. All in all it was a decent ride (to say nothing of comparable with what passes for the best of contemporary NZ political scientists) and I still have research and writing projects to complete that will keep me busy after my return to NZ in June.

What I am less thrilled about is having to leave academia in the first place, which is a result of my contratemps with Auckland University. That resulted in my de facto blacklisting in NZ academia and a besmirching of my reputation abroad.  I have applied for over 30 academic positions, including twice at Otago and three times at Victoria, without even making it past the first round in spite of being amply qualified for all of the listings (some at universities of less repute when compared to the ones I have taught at and with academic staff with far less credentials than mine (NUS is placed 30 places above Auckland in international rankings). The fact that I was eventually vindicated in my employment dispute, and found to be correct in my assessment that the student excuse that led to my unjustified dismissal at the hands of the current Auckland University management turned out to be, as I suspected, a ruse rather than a verifiable fact, matters little now. My name has been sullied to the point that I am no longer employable in my chosen and long-held (25 years) career. I often wonder if I have a case for defamation given that I was called a racist and a few other choice epithets in the aftermath of the email exchange that led to my dismissal (those accusations still circulate on the internet and were mentioned by NUS officials when they initially cancelled my visiting professorship, only to relent when I won the ERA case). What I cannot undo is my (admittedly rude) email, the reaction of NZ university managers when they see my name, or the internet-generated taint associated with it.

Some readers may see my revisiting of this theme as whinging, and it is, a bit. But my reflection is also about comparative loss and gains: I have been ejected from academia while the duplicitous student and university managers were rewarded for their unethical behavior. People like Tony Veitch and Paul Henry (to say nothing of a bunch of email abusers) do worse things and keep their careers. That sucks, for me in particular but also as a general principle.

I am fortunate to have a partner who has secured an academic position in NZ so that we can return, and that I have enough political risk consulting experience to start a dedicated consultancy along those lines, the first such in NZ, as an alternative. But I remain wistful about the classroom door closing. The class was, for me, a moment in which I could reveal another persona, one far more extroverted than my usual self, in order to communicate the language, concepts and importance of politics to undergrad and grad students. It was a wonderful moment when I got out of my skin and put the full emotive weight into my feelings about politics. It was a moment when I relived what I did in past lives and what I hoped for the future. It was, in sum, a moment that I could not capture, nor would I expect would be accepted, outside the classroom. Taken together over the course of more than two decades, those are moments that I relish and which I will miss, and which I believe I should have been allowed to enjoy for years to come.

As for students, I can only say that the top ten percent of undergrads in any country that I have taught are world class, the bottom ten percent should not be at university, and the rest divide out according to how hard they work. NZ students were, I hate to say it, particularly lazy and prone to lame excuses about their failure to meet obligations and fulfill assignments, something that foreign exchange students picked up on and elaborated–a syndrome that eventually did me in.

For the record, I should note that the NZ student excuses–95 percent of which were offered the day before, the day of, or after the assignment was due, with no proof of any work done on the assignment (which I made a point of requesting to see if progress towards completion had been made)–were culturally and nationality-driven: Pakeha and white exchange students offered computer and relationship failures as the reason for the failure to complete on time; Pacific Islanders, Asian and Middle Easterners offered family tragedies as the excuse (as a comparative cultural aside, the main excuse of NUS students is food poisoning, given the Singaporean national penchant for eating at unhygenic outdoors food hawker stalls. The trouble is that 10 percent of the student population comes down with food poisoning on the same week at the end of the semester, and they all did eat not in the same place. That is statistically improbable, especially when repeated year after year like the NZ excuses).

In 99 percent of the cases the student offered no proof of the excuse, and as it turns out, because of the volume of students with excuses given towards the end of the semester, the university health centre at Auckland does not bother asking for them for proof of bereavement or physical or emotional distress before issuing medical and mental health certificates. University Health just accepts the student’s word as to the ailment, in concert with the amount of extension requests increasing 100-fold during the last week of classes or exam week. In other words, ask for a medical or mental health certificate for an extension early in the semester, one might be asked for proof. Ask for a mental health or medical certificate at the end of the semester when the rush of extension requests is on, then no proof is required. There is a claim of right in this process, and it is perverse.

Phrased politely,  the extension-issuance system at Auckland U. is being gamed, and the university managers actively connive in the play because the point of the university is to keep fees-paying “consumers” happy regardless of academic merit (As things turned out, no mental health certificate was ever presented by the student involved in my case).

This may be an uncomfortable fact for people to deal with, but it gives an idea of the pressures lecturers (and university health professionals) are faced with when it comes to marking in a “bums in seats,” profit-before-quality educational atmosphere. As for the serious students–they always alerted me as soon as possible to a family or personal problem, showed me the work they had begun on the assignment, and inevitably were granted an extension that was fair to them as well as the rest of the class. 

Whatever the case, the vast majority of students, be it in the US, NZ, Singapore or Chile (where I taught briefly as a visitor), were responsive to what I had to say and what I was trying to convey. Which is why I am left with this: if any of the 5000+ students I have taught has left my classes informed about something that they did not know before they entered the class, then I did my job. If they went on to inform their lives with some of that knowledge, that is icing on the cake.

I suspect I have left some icing on the cake.

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Spying on Mosques.

Over the weekend the SST published a story about a NZ-born wanna-be jihadi turned NZSIS informant. I have some knowledge of the larger story behind the SST piece, with combines elements of the fantastic with the plausible. One of the plausible allegations is that the NZSIS and NZ Police spy on mosques. We should not be surprised.

Even before 9-11 it is quite possible that the NZSIS and/or GCSB were involved in monitoring suspected Islamic radicals with NZ connections. Several al-Qaeda operatives have been reported to have visited NZ (allegedly using business visas) and others–such as the Yemeni flat mate of one of the 9-11 hijackers–have allegedly entered using student visas. 

After 9-11 and the Madrid and London bombings, a full court press was employed by Western intelligence agencies and their allies to ferret out home grown jihadis and Islamicist sympathisers. This broad sweep approach led to a number of excesses with regard to the detention of innocents and others deemed guilty by association, of which the Zaoui case is just one local instance. The focus on jihadism also gave agencies like the NZSIS a new lease on life after the post-Cold War doldrums, something that provided it with an incentive to increase its intelligence flows to larger liasion partners such as the US, Australia and the UK.  That includes reporting on the  movements of suspected jihadists and sympathisers at home.

Regardless of the realities of the jihadist threat scenario in Aotearoa (which by all accounts is negligible), both the NZ government and its security apparatus had –and have– a vested interest in keeping that focus alive, as it is a guarantee for better funding for intelligence agencies, increased legal authority covering intelligence-gathering operations, and close working relationships with larger allied intelligence patrons. Counter-terrorism, in other words, is a gravy train for the intelligence and security community.

Not all of the focus on potential Islamicists in NZ is illusory. One of the Urewera 18 is a well-known pro-Palestinian activist who has spoken of his interest in fighting the occupiers in Gaza. He associates with others connected to groups such as Students for Justice in Palestine who openly express (at least within their own circles), support for the jihadist cause and other forms of anti-imperialist and anti-Zionist armed resistance. There are a number of Somalian refugees who have been suspected of harboring jihadist sympathies and the resident Muslim community, at around 35,000 strong, is believed to contain more than a handful of people with extremist views. Afghans, Algerians, Iraqis and Iranians have all come under scrutiny by local law enforcement. None of this means that any of the above-mentioned are intent or capable of committing terrorist acts on NZ soil or abroad. What I am simply saying is that it is an open secret that they are being watched. 

More broadly, the Muslim community has internal political divisions that have resulted in charges and counter-charges of radicalism, reports to the police and even the deporation of at least one “radical” cleric. These machinations provide fertile ground for intelligence operators.

This is the backdrop to NZSIS and Police mosque-spying. It is well known that these agencies use paid and unpaid informants as well as undercover agents to monitor domestic groups of other dissident persuasions such as environmentalists and anti-free trade campaigners. It should therefore be no surprise that they would want to do the same in the Muslim community, and that they would focus on major community meeting places in order to do so.

The only real obstacle to such espionage is the lack of “passable” Muslims within the NZ intelligence community (which is not as white as many may think–it has plenty of Pacific Island and Asian officers). Thus it is quite plausible that the NZSIS and Police would seek to recruit from within the local Muslim community, exploiting personal grievances, political rivalries, financial difficulties and general disaffection as a means of gaining leverage on or winning the trust of potential informants.

The pity, of course, is that an entire community is being placed under surveillance because of the perceived “threat” that emanates from within it. No such monitoring appears to have been done to detect IRA sympathisers amid the local Catholic community or in synagogues to detect Israeli agents (at least two of which are now known to have been recently operating in NZ). It is the misfortune of the NZ Islamic community to be caught up in a larger game in which they are mere pawns.

At the end of the day the mosque-spying program is not surprising, nor should it be. It is just a manifestation of what intelligence agencies do, and to be frank, most non-Muslim Kiwis would probably expect that the NZSIS and Police keep tabs on suspected domestic Islamicists. What is surprising is the ineptitude of the whistle-blower’s NZSIS handlers, who rather than provide him with a secure income and better cover dropped him like a bad habit once his services were deemed to expendable. At a minimum they could have exchanged a monetary pay out for a non disclosure agreement. But they did not, leaving an aggrieved former informant on the streets with no restriction on what he can say. Unless he is a complete fantasist that the NZSIS and Police had no relationship with beyond an initial set of assessment contacts (at which point he was deemed to be unreliable), the handling of this informant has been slipshod.

That, in the spy trade, is a an own-goal of epic proportions because, unless his story is complete fiction, the informant has knowledge of sources, methods and operational focus–all of which could well be on its way to being made public in the near future.

The options for the NZIS are to ignore the informant’s claims and hope that he shuts up and goes away, to attempt to denigrate him as a story-teller (to include using third parties for said purposes), to intimidate him, even if via the Police or private agencies (which appears to have already occurred since he claims that Police have raided his home after he went public and that a detective has informed him that his SST revelations could result in charges), and as a last resort, silence him with extreme prejudice. Since the latter is a Mossad rather than NZSIS forte, it will be interesting how the rest of this story plays out because at least some of the informant’s claims have been corroborated.

One thing is certain: the mosque spy campaign and domestic anti-jihadist project have taken a blow and it will now be much harder for local intelligence agencies to obtain information on any real Islamicist threats that may exist on local shores. Because even if this individual is a liar, that does not mean that there are not others working as informants along the lines he has outlined, who will therefore be the subject of much closer scrutiny by their co-religionists as a result of this story.

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Cheese Eating Surrender Monkeys Go Troppo.

Who would have thunk it? The country vilified by US neo-imperialists as cowardly appeasers of dictatorship a few years ago has now morphed into an avid neo-imperialist of it own. France is currently engaged in three low intensity conflicts, in Afghanistan, Ivory Coast and Libya, and has taken a leading role in two of them (Ivory Coast and Libya). All three military interventions are wars of choice rather than necessity (since no core French strategic interest is at stake) authorised by UN Security Council Resolutions that were championed by France as a UNSC permanent member (people may not know it but the resolution to enforce a “no fly” zone in Libya was sponsored by France, the UK and Lebanon. The US merely voted in favour. Although it is obvious that diplomatic machinations were/are at play, the very fact that the US is willing to take a back seat on the issue–as it did with the Ivory Coast resolution–perhaps indicates that it has rediscovered the art of diplomatic nuance after years almost a decade of Fox-news style bully approaches to international politics).

More interestingly, although domestic support for French involvement in Afghanistan is low (the French have lost 40 troops in that mission), popular approval of the Ivory Coast and Libyan interventions is high. Only minority Left and Islamic groups have spoken out against them; all others have essentially agreed to the use of force.

It is worth pondering why this is. Most analysts claim that the French military adventures were ordered by President Nicolas Sarkozy as a way of of bolstering his sagging electoral support in the build up to the April 2012 national elections (a fact confirmed not only by Sarkozy’s popularity rating of below 30 percent but also by the resounding defeat suffered by his UMP party in nation-wide local elections held last month–a defeat that saw the UMP not only lose to the Socialists but also to the far-right National Front). Thus his war-mongering is seen as a way of shoring up conservative-nationalist support in the face of the National Front challenge, something also seen in the anti-Islamic and anti-immigrant tone of his proposed amendments to internal security and civil rights legislation.

What is also interesting is the French public attitude, which appears to celebrate the resurgence of French militarism. Perhaps it s due to a sense of re-claimed national glory. Perhaps it is due to a sense of reaffirming France’s pride of place within the European community (where it has been eclipsed by Germany once again) or even vis a vis the US. Perhaps it speaks to a sense of French manifest destiny, now re-written. But contrary to many other countries that have sizable anti-war movements protesting their government’s involvement in foreign military adventures, in France there is little enthusiasm for protest of this sort. The majority of the French, it seems, are happy to support neo-imperialism. Either that, or they may have spent too much time in the sun.

It is further of note that France’s bellicosity has not met with the wave of international condemnation that often greets US militarism. This could be due to the fact France’s armed interventions have the UN “seal of approval,”  are justified on humanitarian grounds and/or tend to occur in former colonies or where it has had a historical presence. Perhaps it is due to the relatively small scale and scope of their operations. Perhaps it is due to more international tolerance for French military adventurism than for US armed interventions. Whatever the reason, it appears that at home and abroad the French turn to foreign military adventurism has more support than is the case for other large powers.

In France, this speaks to the idiosyncracies of local political culture. In the international arena it may reflect a common belief that some nation other than the US needs to assume a global constabulary role, even if as a deputy sheriff. Whatever the reason, it looks like the French are cheese eating surrender monkeys no more. Oh, to be a fly on Don Rumsfeld and Dick Cheney’s wall!

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Another locked closet.

The old saying that the two things one does not want to see being made are sausage and legislation comes to mind given that the Security Intelligence Amendment Bill public submission hearings commence this week (the first reading on the Bill was held in December, during the usual Xmas lull in which serious media scrutiny of pretty much anything unrelated to the season is negligible). Labour and the Greens wanted the submission hearings to be held in public, but the government has knocked that back and declared that they will be held in “private” ( that is, in secret). Although submitters can disseminate their submissions as they see fit, the content of the meetings, including questions by committee members and submitters, are subject to non-disclosure provisos. 

Regardless of the  subject of the hearings, which has to do with specifying the scope of SIS authority and the warrant process involved in conducting surveillance of new electronic technologies such as mobile phones, GPS systems and other gadgets, the failure to hold public hearings is yet another sign of the ingrained authoritarianism of the political elite and its disdain, if not contempt, for the pubic at large. For example, one of the reasons for the surveillance upgrade, according to the government, is the security concerns surrounding the Rugby World Cup. To use that as a rationale beggers belief and just shows the disconnect between the thinking public and what National believes the public will swallow (the reasons why the RWC is not going to be a terrorist target are many but suffice it to say that NZ security agencies have a vested bureaucratic interest in hyping the threat. And should they come, RWC threats will be of a local dissident-protest rather than terrorist in nature, and will not require anything beyond what is already in place in terms of warrants for electronic eavesdropping).

Labour’s call for public hearings is pretty rich given that during its term in office it never held a single one when it came to SIS matters. The Greens, as always when it comes to such things, stand on principle. What is interesting is that the Maori Party and ACT, which have members on the Intelligence and Security oversight committee that will chair the hearings, have sided with National on the issue of transparency–that is, they have opted for the closet rather than the open door when it comes to airing contending views on juxtaposed issues of national security and civil rights. What this says about the Maori Party and ACT leadership, given the targeting of the former’s members by the SIS and the supposed championing by the latter of civil rights, individual freedoms and governmental accountability, I am not not in a position to say. But what I can say is this: the move to hold the SIS Amendment Bill public submission hearings in private is designed to cover the fact that the oversight committee is going to disregard submissions against the granting of expanded surveillance powers to the SIS and will rubber-stamp the legislative changes in any event. There will be no incisive or critical questions offered by committee members with regard to how the electronic spying will be carried out, under what circumstances, for what purposes and with whom it will be shared. 

Instead, there will be a collective nod and wave by the majority of the committee behind closed doors, and the SIS Amendment Bill will pass. What is being protected is not state secrets, not confidential material, or anything remotely connected to national security. The reason the hearings will be held behind closed doors is to conceal the lackey lock-step into which the committee will fall. It is about saving coalition face in an election year rather than addressing the serious concerns of intelligence service power-expansion. That shallow political PR calculation is the sole reason why these hearings will be held in secret.

So much for informed public consent and parliamentary accountability when it comes to security and intelligence in this small democracy.

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One man’s terrorist…

Via Thomas Beagle, the following astonishing story:

In Libya, an unlikely hero of a youth-led revolution
BENGHAZI, LIBYA – Mehdi Mohammed Zeyo was the most unlikely of revolutionary heroes. The bespectacled 49-year-old worked in the supplies department of the state-owned oil company. He was a diabetic with two teenage daughters.
But something snapped inside him as a youth-led uprising in Libya against the government of Moammar Gaddafi quickly turned bloody.
[…]
On the morning of Feb. 20, he walked down the stairs of his apartment building with a gas canister hoisted on his shoulder, witnesses said. He put two canisters inside his trunk of his car, along with a tin can full of gunpowder. Driving toward the base, he flashed the victory sign to the young men protesting outside and hit the gas pedal.
Gaddafi’s security forces sprayed his black car with bullets, setting off a powerful explosion, witnesses said. The blast tore a hole in the base’s front gate, allowing scores of young protesters and soldiers who had defected to stream inside. That night, the opposition won the battle for the base, and for Benghazi, as Gaddafi’s forces retreated.
[…]
Zeyo had left a will listing the debts he owed so that they could be paid, but Hafidh said the community and the company where Zeyo worked would take care of his family. On Zeyo’s desk Monday was a printed piece of paper pasted to the computer screen.
“We are from God and we return to God,” it said.
At home, his wife put her head down.
“We had no sons to carry on his name. But this is how God works, and now his name is written in history,” she said.

That was published in the Washington Post, and syndicated to the front page of the international news section of today’s Dominion Post. Read the whole thing, it’s worth your time.

Then try to re-imagine this story if the protagonist was an uneducated working-class youth from the Palestinian Occupied Territories, rural Afghanistan or the Iran-Iraq borderlands.

L

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The Penny Drops.

No matter how much electoral trapping and facade “democratic” niceties it may want to put on it, authoritarian rule is ultimately based on force. It is a limited or non-competitive form of political domination that uses the threat or deployment of organized violence in order to maintain its status quo. In times of peace the threat of force recedes into the background and is only used discretely and sporadically against those who persist in challenging the regime’s legitimacy and authority. In times of challenge and duress, it comes to the fore and is used en masse.

Amid all the optimism about what the wave of protests mean for the Middle East, this fact seems to have been lost. Even the US government initially seemed to think that by it demanding that ME regimes show “restraint” and move to democratise, they inevitably would. This type of neo-imperial hubris demonstrates a lack of understanding of authoritarian dynamics as well as of its own limited influence in fostering foreign regime change short of war. The bottom line is that so long as an authoritarian regime can retain the loyalty of the repressive apparatuses and these are united and determined in quelling protest, then it will prevail against its opposition even if it engages in cosmetic reforms.

That has now become evident in the latest evolution of the ME protests. In Bahrain and Libya the autocrats have decided to take a hard-line on protests, resulting in deaths and injuries to dozens. Jordan has followed suit, albeit with less deadly force. Weaker than the other three, the Yemeni regime has had a more difficult time marshaling its forces against demonstrators, but is now doing so.  In Egypt and Tunisia after the deposal of the executive despots, the military has adopted a more inflexible position regarding protests. In Algeria, rival power factions use armed demonstrations as inter-elite negotiating tools even as they agree to jointly repress anything that appears to be an independent vehicle for expression of dissent. The authoritarian penny has dropped.

The tipping point has come in Baihran. Situated on a island off of Saudi Arabia but with close sea proximity to Iran, a former Iranian possession with a 70 percent lower class Shiia population now ruled by a Sunni Arab absolute monarchy, home port to the US 5th fleet that maintains a carrier task force in the Persian Gulf and Arabian Sea at all times (in no small part because these contain the sea lanes through which most ME oil passes through, to say nothing of the geo-strategic logics at play), an unchecked Shiia uprising there is seen as a grave threat to the entire Sunni world (Saudi Arabia itself has a 20 percent Shiia population). Fears of Iranian influence in resident Shiia protests have focused the attention of the Gulf states as well as their Arab neighbours, and the larger geopolitical consequences of internal protests coupled with a more assertive Iranian presence in the region (exemplified by the sending of a small Iranian naval task force through the Suez Canal on its way to a port visit in Syria, the symbolism of which is not lost on anyone), have convinced Arab leaders that they must first revert to the authoritarian bottom line before any serious discussion of reform can begin.

As for the Iranians, they have demonstrated quite clearly that they have no qualms about violently putting down protests that they consider to be seditious and orchestrated from abroad. The regime attitude was captured this week by Iranian Majlis (parliament) speaker Ali Larijani, who to a cheering gallery of pro-regime legislators called for the execution of opposition leaders linked to the latest protests. Methinks reform is a ways off in Iran.

No wonder then, that the US and other Western powers have modified their rhetoric in recent days and called for “restraint” without coupling that with calls for “democracy” in the Gulf. As I have attempted to explain in the series of previous posts, when the choice becomes one of “turbulence” versus stability, and turbulence is caused by internal protest overlapped on regional geopolitical maneuvering, then interest in democratic reform takes a back seat to reassertion of national authoritarian control that upholds the regional balance of power.

All of which means we can expect more blood to flow in the streets until the protests are suppressed, and that the Western response will be much public hand-wringing and lamentation coupled with a private sigh of relief.

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A PRC Fifth Column in NZ? (With Updated Links)

In early December the New Citizen Party registered with the Electoral Commission and declared its intention to contest this year’s elections, starting with the Botany by-election caused by Pansy Wong’s resignation in disgrace from Parliament. Taking a page from the Maori Party, the NCP declared that it would be a vehicle for the representation of new, mostly Asian, migrant’s interests in the NZ political system, interests that are not fully given voice within extant political parties. With an emphasis on economic policy and law and order issues, the NCP proposes to represent not only mainland Chinese migrants, but also Koreans, Taiwanese, Japanese, Singaporeans, Indians, non-native Whites and even Maori and Pakeha (i.e. the Botany demographic). That will be a tall order.

The announced leaders of the NCP include Jack Chen, who was involved in the Chinese takeover bid for Crafar Farms (as a representative of Natural Dairy NZ, a subsidiary of the Chinese government controlled Jin Hui Mining Corporation); disgraced Labour Party candidate Stephen Ching (who solicited bribes for political favours in 2005); the pro-PRC Chinese-language newspaper editor Jerry Wen Yang; and Paul Young, who is also of Chinese descent and a principle of Asia Marketing and Advertising Consultants (Mr. Young handled the registration process and has said that his role as NCP Secretary is a temporary formality in order to meet legal requirements, and that he will stand down once the party leadership is finalised. As it turns out, he is NCP candidate for Botany). Although unconfirmed, there are reports that Sammy Wong, Pansy Wong’s husband and the cause of her demise by involving her in a commercial transaction during a taxpayer trip to the PRC, is part of the NCP leadership or at least involved in its strategic decision-making and financing.

In early January the NCP leadership, minus Mr. Young, met in Beijing to discuss a strategy for winning the by-election and to chart a course for its campaign this year. Holding a major party meeting in a foreign capital is interesting enough, because it shows an overt connection with the PRC that is bound to raise eyebrows in some circles (which is a tame reaction by comparison–some democracies forbid the funding, meeting  and sponsorship of political parties in and by foreign powers). What is more interesting is the question of whether the connection to Beijing is more intimate than the NCP has revealed to date, and extends beyond the usual business links that all political parties cultivate in order to peddle influence and financially support their activities (although the direct connection to a foreign government and/or corporations would be a a step beyond what is the usual course of affairs in NZ business-political party relations).

Under MMP, people have a right to organise a political party as they see fit, and as far as I can tell there are no prohibitions on such parties being organised and funded by foreign agents. But there remains the question as to whether the NCP is not so much a vehicle for the representation of new migrant’s interests in the NZ political system as it is a front for PRC economic interests and a means of political influence-mongering and intelligence gathering. In other words, is the NCP a PRC fifth column?

The reason this question must be asked is that, given its disadvantages in Signals (SIGINT) and Technical Intelligence (TECHINT)-gathering capabilities,  the PRC invests heavily in the ethnic Chinese diaspora for human intelligence gathering work. Using business, student and permanent resident visa schemes in targeted countries, the PRC places intelligence-gatherers in places where they can collect tactical as well as strategic intelligence using a variety of means. It also uses monetary incentives to curry favourable attitudes amongst local elites, all in the interest of furthering PRC strategic objectives in the country in question. Such activities have been amply evident in places such as Fiji, Papua New Guinea, Tonga and the Cook Islands, as well as regional organisations such as the Pacific Island Forum.

All of this is well known to Western security agencies and measures have been implemented to monitor, if not counter PRC initiatives in that field. But what if the PRC were to secure political representation in a foreign government via open electoral contestation within the limits of the law? NZ has already seen a case where a cabinet minister (Wong) was influenced by an individual (her husband) with direct and close connections to the PRC regime. Although her portfolio was not strategically sensitive, she did attend cabinet and caucus meetings where more sensitive issues of national and party policy were bound to have been discussed, and it is not improbable to think that her pillow and dinner table talk with Sammy Wong might involve some of those issues (note that I am not saying that Mrs. Wong would necessarily have any idea that Sammy Wong was a PRC agent if he were one. What I am saying is that the appearance of a conflict of interest extends beyond the use of taxpayer dollars to pay for her travel when on private business on her husband’s behalf, and that may be the more serious reason why she was forced to resign).

If the PRC has direct involvement with the NCP, an electoral victory by the latter would raise the possibility of its entering into coalition with one of the major parties, most likely the party in power. That would give it direct access to NZ government policy deliberations, privileged information about business and security matters as well as offer a means of extending its influence directly into the NZ cabinet. This may or may not be a bad thing, depending on one’s perspective. But the question has to be asked whether Kiwis would accept similar direct US, Iranian, British, Afghan or Australian influence in government decision-making even if it did not involve adversarial intelligence-gathering. Judging from the reaction to revelations in wikileaks cables that some NZ citizens in positions of power provided “insider” information to the US embassy in Wellington, one would suspect that the answer is “no.”

The (hypothetical) situation of the NCP being used as a PRC front with intelligence-gathering duties within parliament is made all the more interesting by recent changes ordered by the National government with regards to the SIS spying on MPs. The result of the scandal caused by revelations that the SIS spied on Green MPs for decades, John Key ordered that the SIS no longer spy on MPs. That means that a NCP MP working for the PRC could conduct his or her intelligence-gathering activities with relative impunity unless there are provisions in the revamped domestic espionage and counter-espionage charter that specifically provides for exceptions to the no-spying-on MPs rule. But if the exception is invoked that could undermine broader counter-intelligence efforts with regards to the PRC. The conundrum produced by this hypothetical but potential scenario, in other words, is quite exquisite.

Less people feel that these questions are occasioned by racial or ethnic bias, let it be clear that it is not. The questions refer to the PRC, an authoritarian regime, and not to the Chinese or any other ethnic group. As mentioned in a previous paragraph, the same questions could be asked of local political parties directly controlled or overtly influenced by any other foreign power regardless of regime type. So the issue is about who controls the NCP as opposed to who ultimately will represent it.

Bringing the issue up may seem provocative and perhaps un-PC, but given the Beijing meeting, the people currently in NCP leadership positions and given the PRC’s modus operandi when it comes to deploying intelligence assets and extending its influence into foreign governments, it needs to be raised.

In light of the above, for its own sake and in the interest of democratic transparency it behooves the NCP to open its books and reveal its links (should they exist) to the PRC, directly or indirectly. It behooves the NCP to make clear where its loyalties lie and to disprove apriori the suspicion that it may be working as a foreign-backed front in the NZ political system. And given that the Botany by-election will be held in less than two months, that process of proactive accountability needs to begin now.

UPDATE: Since there is some debate as to how I came to my speculation in this post, here are a couple of links that detail PRC intelligence-gathering characteristics: http://www.stratfor.com/node/156898/analysis/20100314_intelligence_services_part_1_spying_chinese_characteristics

and : http://www.stratfor.com/weekly/20110119-chinese-espionage-and-french-trade-secrets

Upon reading the links, does my conjecture still seem crazy (or bigoted)?

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Justice delayed, now denied.

Rather than ring out the old year and ring in the new year with the usual inane rubbish about new beginnings and fresh starts, annual lists, countdowns etc., how about we use the occasion for a reality check, in this case a reality check on the state of the NZ judiciary using one very important case.

On October 15, 2007 a number of individuals were arrested on a variety of charges, including planning terrorist attacks. Others were arrested later, and collectively they have come to be known as the Urewera 18. On May 30, 2011, three and half years after they were arrested, the majority of these defendants will finally go to trial (three defendants will be tried separately).  Not only is the delay largely a result of the Police and Crown trying to introduce new charges after the fact and argue for the admissibility of evidence obtained under the Terrorism Suppression Act that was ultimately not invoked against the accused. Now, in a decision which has had its reasoning suppressed by the court, the Urewera 15 have been ordered to have a trial by judge. You read correctly: not only have they been denied  the right to a prompt trial but are now denied a jury of their peers. To that can be added holding the trial in Auckland when most of the defendants live elsewhere and their purported crimes were committed outside of Auckland.

Between the delays, venue and judge-only trial, the Crown and judiciary is engaging in a blood-letting exercise designed to drain the defendants materially and emotionally long before they enter the courtroom on May 30. Arguing under section 12 that the case is too complex, with too many defendants, with too many side-issues and matters of procedure to be considered adequately by a panel of laymen and women is an insult to the NZ public as well as a thinly veiled attempt at juridically saving face in a case that was over-ambitious, politically-motivated and legally flawed from inception.

This is further evidence of the ingrained authoritarianism and lack of accountability rampant in the judicial system. Judges act as if they are above the laws they are supposed to uphold. The Crown vindictively prosecutes cases without regard to their merits or costs because political interests are at play (remember that the NZ wikileaks cables show NZ government officials telling the US embassy in Wellington that theZaoui case was not winnable–then saw the Crown go ahead for another two years arguing for Zaoui’s incarceration or expulsion until the SIS finally dropped the pretext that he was a threat to national security). Elites are given name suppression for the flimsiest of reasons and judges protect their own when these transgress. This is exactly the sort of judicial attitude in dictatorships.

And yet, it is the attitude in NZ as well. Meanwhile, not a single mainstream media outlet has raised the subject of the long delayed and now jury-denied Urewera trial since the decision on the latter was announced in early December. Not a single right-wing blog has raised the obvious civil liberties and rule of law implications of the case. The Left commentariat has been largely silent as well, with the notable exceptions of Idiot Savant and Russell Brown.

Why is this? Is this silence a result of the fact that the accused are an ideological minority that are easy to scapegoat and persecute? If so, that is exactly the reason why the full spectrum of democratic commentators should be protesting the case: in a democracy it is not mainstream, “normal,” “nice guys” who deserve the most legal protection and rights of redress. It is the ideologically suspect, reprehensible, marginalised, ostracized or otherwise outcast who deserve the full protections of law precisely because they are at the mercy of the majority–a majority that is often ill-informed or manipulated by authorities when it comes to evaluating the merits of any given case against anti-status quo political activists. The majority may rule, but free, fair and impartial trials are the minority’s best bulwark against its tyranny.

That is another reason why a jury trial is deserved by the Urewera 15. A  jury, selected from the public mainstream, can listen to and observe the prosecution evidence and the defense against it in detail, first hand, then deliberate on the merits of each. That ensures that no judicial bias or hidden quid pro quos enter into the process. As things stand, the judge who hears the trial is vulnerable to such accusations, which is more the reason to bring an impartial jury into the process.

I am not entirely sympathetic to the causes being espoused by the Urewera 18. I do believe in their right to act militantly in defense of them subject to the penalties of  law should they act in ways that contravene criminal standards (as hard as it is to say, I extend this belief in the right to militant activism to neo-Nazis and skinheads as well so long as no harm to others results from it). Here I disagree with some distinguished Left commentators, who have seen something sinister in their activities and who believe that the political motivations of the defendants makes the case “special.”

I have already written at length on why politically-motivated crimes should not be treated as a special category so will not belabour it here. But I am sure that those who see sinister intent in the Urewera 18  will agree that the way this prosecution has gone is wrong on several levels. Even if the Urewera defendants are in fact complicit in something more than activist fantasy-ism and role-play, they deserve to be treated fairly according to the rule of law consistent with the foundational principles of a free society. Yet they have not, and nary a peep has been heard about that from those who should know better and who ostensibly are champions of the democratic ethos.

This attitude is shameful and should be repudiated by all fair minded people regardless of ideological persuasion.  The trial-by-judge decision must be appealed as a denial of due process and publicly repudiated by those who believe in the democratic ideal.

How’s that for some New Year’s resolutions?