Does New Zealand have a Strategic Culture?

Given the pacifist tendencies of many KP readers, the question in the title of this post may seem unusual and of little importance. Little attention has been paid by most public media, much less the Left-leaning ones, to the issue of strategic culture both in general and with specific reference to Aotearoa. My interest in the subject has been sparked by my current book project, where I try to analyse the post Cold War security politics of three “peripheral” democracies: Chile, New Zealand and Portugal. Among other things that I have discovered as part of the project, it appears that there be no, or at least different conceptualisations of, a unique kiwi strategic culture. Let me elaborate on both the subject and the specifics of this.

Strategic culture refers to the security perspectives, traditions, institutions and behaviour of a country. Although it has often been confused with it, strategic culture is more than just a military war-fighting tradition. It is more than a diplomatic posture. It encompasses the full array of security concerns, from intelligence-gathering techniques and priorities to trade orientation and diplomatic alliances, that make up the larger framework with which policy-making elites perceive the strategic environment in which they operate.

As an example of one dimension of strategic culture, let us look at the core feature with which it is most often confused: war-fighting tradition. Much has been written about different cultural and national “styles” of warfare, be it, among others, Arab, American, Australian, British, Chinese, German, French, Israeli or Russian.  Some emphasise mass over maneuver, others prefer tactical flexibility to centralisation of command, and still others prefer deception and stealth across ill-defined fronts rather fixed lines of combat in well-demarcated battle spaces. The array of war-fighting styles also extends to unconventional or guerrilla war-fighting—urban guerrilla warfare is not the same as rural insurgency, nor is the ratio of ideological-psychological work to kinetic operations the same in all contexts. Although there is plenty of overlap in all war-fighting styles, each is a unique adaptation, based on terrain, culture, technology, organisational capacity, leadership characteristics and the ethno-religious and national make-up of the fighting forces involved, as well as the ideologies that justify what they are fighting for.

The question thus begs: does NZ have a distinct war-fighting tradition? If so, what are its characteristics? Whatever the answer, that is only part of the picture.

That is because strategic culture involves geopolitical perspectives and geostrategic orientation, institutional morphology and historical practice. Countries with large land masses and multiple borders see things differently than do island states.  Countries with ample resources and robust economies of scale in value-added manufacturing conform their approaches to trade and security differently than resource poor agro-export platforms. Countries with on-going territorial, cultural or political disputes tend to “see” threats differently than those that are not encumbered by such conflicts. Countries governed by authoritarians often perceive things differently than well-established democracies. So do countries with long histories of warfare (internal as well as external) when contrasted against countries with peaceful internal histories and little involvement in foreign wars.

Domestic political dynamics over time, as well as specific histories of military and diplomatic alliances, also impact on the specifics of strategic culture.  The number of variables is larger and more varied than this, but the point should  be clear: strategic culture is a product of national character molded by historical practice, current political dynamics, institutional framework and geopolitical context.

In highly simplified fashion the equation looks like this: strategic culture—> geopolitical orientation—> geostrategic perspective—> threat environment assessment and contingency planning—> security force orientation—> force composition—> force staffing, training and equipment—> force deployment and operations. This includes intelligence and police services as well as the military, because it includes internal and external security roles. The most important thing to note is that strategic culture is the point of departure for all that follows; absent a strategic culture there is little basis for a coherent strategic vision over time , which in turn impacts negatively on all of the other variables arrayed along this particular chain of causality.

Which brings up the point of this post: does NZ have a distinct strategic culture? One of the things that emerged during my discussions with numerous observers during my visit to NZ in February and March was an unspoken consensus that NZ does not have a strategic culture to call its own. This is in part a product of the apparent ad-hoc approach to policy-making I mentioned in a previous post. But it also appears to be rooted in organisational dysfunction and incompetence as well as a dependence on foreign patrons for strategic guidance. Many of the most informed people I spoke with were openly derisive of the competence and vision of the MoD, NZDF and NZSIS leadership, particularly the civilians that ostensibly provide the MoD, NZDF and NZSIS with policy guidance (the name Mark Burton was mentioned more than once as absolute proof  of how ineptitude can still find its way into the upper echelons of security policy-making). Plus, advancement within the security bureaucracies is seen as being tied to toeing both the (incumbent) party line as well as the extant corporate culture, however misinformed or dysfunctional they may be. Thus, even though there are futures forecasting shops in various security agencies, very little is actually forecast that the bosses do not want to hear or read, and most of what is forecast is make-work destined for annual reports rather than designed to serve as a basis for strategic planning over the medium term.

The same accusation has been made of the plethora of security agencies that have emerged since 9/11, which may be in part why the National government has made the decision to convert the External Assessments Bureau into a National Assessments Bureau with oversight authority over the whole lot. But the latter does not indicate a move to develop a defined strategic culture. It is just an attempt to impose some form of managerial rationality on the intelligence-security combine in order to overcome areas of duplication, overlap and turf battles.

There was also the view expressed that when it comes to security, NZ has traditionally looked to Australia, the US and the UK (in the current order) for strategic guidance rather than develop a distinctive strategic culture of its own. This is believed to be a result of NZ dependence on these countries (and others, such as France) for military equipment and training and intelligence flows. But NZ has a distinctive approach to things like nuclear disarmament, non-proliferation and peace-keeping, so surely that is reflected in a unique perspective on the external security environment and the role that NZ should play in it. Here again, my supposition that NZ has a distinct way of viewing things from a security perspective was contradicted or dismissed by the knowledgeable interlocutors with whom I spoke. Yet I remain unconvinced that their skepticism is fully warranted. Surely there is an appreciation of the need for a uniquely Kiwi approach to strategic affairs?

Which leaves me with my opening question. I know that Chile and Portugal have distinct strategic cultures that informs the way in which they engage the post-Cold War world on security matters. These distinctive strategic cultures give them coherency and predictability when construing threats, organising their security forces and engaging in security planning. Can we say the same thing for NZ?

Thoughts about Key’s Afghan PR Exercise.

I have seen and read the reports of John Key’s much anticipated “secret” trip to Afghanistan.  I must say that it is one of the more amateurish, cringe worthy attempts at symbolic politics I have seen in a long time–not quite as bad as George W. Bush’s “Mission Accomplished” carrier charade, but of the same ilk. Let me explain why.

First, the good part. I think it was entirely sensible for the National spin-meisters and military brass to tie the Afghan detour to the Gallipoli celebration trip. The unfortunate RNZAF chopper accident on ANZAC day forced a change of plans so that the PM could attend  the funerals of the ill-fated crew, but that only added to his  message of military support and remembrance. As for the greedy economic opportunists who have criticised him for abandoning the arse kissing trade mission to the Arab Gulf Coast, they need to realise that given the circumstances in which the tragedy occurred, Mr. Key had no political option but to return for the funerals. How would it have looked if he choose to continue to brown nose the Arabs while some of the nation’s service people were laid to rest?  The likes of one Mr. Langely may put personal self-interest before recognition of service, but most Kiwis understand that not only was it politically necessary for Mr. Key to return, it was the right thing to do.

But that is about as good as it gets. Contrary to the fawning editorial opinion of the NZ Herald, Key’s tiki tour of Afghanistan showed how out of his league he is on international security affairs.

He started out by mentioning that he was flown by helicopter from his arrival point (presumably Bagram Air Force Base, the site of a notorious US “black” detention centre) to the SAS location. In doing so he managed to convey the message that the most heavily defended areas of Kabul are still too dangerous for Western VIPs to drive through, and that the SAS is not located in Kabul as he claims but is actually based elsewhere. He then pointed out that he used heavily armed motorcades to travel in Bayiman and elsewhere because he and his entourage were “juicy fish” for insurgent targeters.

Well, not quite. In a country that is awash in visits by heavy-hitters from a number of countries, Mr. Key is more like  an anchovy.  Moreover, heavily weighted  Western motorcades involving a half dozen armoured SUVs and armed escort vehicles are not immune to roadside bombs (and I bet he traveled in the third or fourth vehicle). In fact, given that they have to travel on main arteries and disrupt local traffic and pedestrian flows as they do so, convoys such as Mr. Key’s actually make for better targets for opportunistic guerrillas deeply embedded in a resentful local population (especially where well-prepared guerillas can deploy efffective IEDs on five minutes notice). If leaving a light footprint is what hearts and minds are partially about, then his mode of land transport was a tactical failure.

Mr. Key prattled on about how he wanted to experience the conditions in which the NZDF operate in that theater. But he choose to spend his evenings at the British embassy. That is a double insult: first to the UN and ISAF patrons of the NZDF mission, which have their own housing compounds or use heavily guarded hotels for visiting VIPs; and secondly to the NZDF itself. Mr. Key could have stayed in officer quarters in any number of bases including at the PRT in Bayiman or the SAS operations centre (which is likely to be on the Afghan military base where its anti-terrorism Crisis Response Unit is headquartered). But instead he choose to take the poncy route and accept accommodation from the colonial master. How quaint of him, and how much it tells us about his sincerity in wanting to understand the conditions that NZ troops face.

Mr. Key managed to offend the Bayiman locals by trying to shake hands with a girl, a cultural taboo in that region. So much for MFAT and NZDF giving him a head’s up about local customs, to say nothing of his lack on intuition about the context in which he was operating. For him, ignorance on that occasion turned out not to be bliss. For the NZDF PRT team, this could have been ther moment where 6+ years of good civil-military relations became unstuck. The question begs: would Helen Clark have been so, uh, uninformed? >>Note to Red Alert and The Standard–while I appreciate your views you must not use this post to score political points because to my mind you are little better when it comes to partisan  issues such as this>>

In defending their role, Mr. Key  said that the SAS had not fired their weapons. This is laughable to the point of tears. The very nature of their “training” mission, as well as the fact that they have participated in at least two well publicised firefights (even if we accept the argument that they did so in “support” roles, which is ludicrous), requires that the SAS  employ their weapons, even if merely as covering or suppressing fire for their Afghan comrades.

And yet, the supplicant NZ press uncritically lapped up his patent lie while he hid under the doctrine of  plausible deniability (that is, because Mr. Key may have believed the lie to be true because his advisers or the NZDF command told him to take their word at face value and he had no reason to doubt them because he simply does not know better). Here, Mr. Key’s ignorance truly is a measure of political insulation, if not bliss.

Mr. Key told this same press that he was “considering” extending the deployments of the Bayiman PRT and SAS past their respective termination dates in September 2010 and March 2011 respectively. This was a forgone conclusion given that the NZDF wanted to do so and given the government’s obsession with tying a bilateral US-NZ free trade agreement to its military commitment in Afghanistan as well as the recent military-to-military reapprochment between the two countries. Heck, the foreign press was told before the trip that the extension had already been authorised but Mr. Key played cagey with the NZ press. Could that be because he wants to appear to be considerate of opposition voices in parliament when in fact he is not?

Mr. Key did his usual name-dropping act. He met with Karzai and General McCrystal. He met with local leaders. Although he waxed lyrical about what they had to say, he made no mention of what he had to say to them. Did he tell Karzai that his corruption and the drug-running antics of his cronies would not be tolerated? Did he press Karzai on not back-sliding on human rights, especially for wimin and ethnic minorities? Did he query McCrystal on continued civilian casualties at the hands of ISAF forces, and did he make clear to the General what the NZDF understanding of the rules of engagement are?  Nothing of the sort has been mentioned, so for all the NZ public knows he could have been exchanging cricket scores and family photographs with the Big Boys.

And then there was the piece d’resistance: John Key fitted out in a journalist flak jacket and helmet, his blood type outlined like a bulls-eye on his chest, grinning like a kid in a GI Joe costume. Then there were the photos of him acting friendly with the pilots on the RNZAF C-130 and acting pensive on the US Blackhawk ‘copter that did the bulk of his tour transfers. Dang. I have no doubt that he needed the body armour when he was not sipping tea with the Poms, but did his minders really think that a photo op in that outfit would come across as warrior-like and decisive? If so, they are clueless because he just looked goofy, somewhat akin to the infamous photo of Democratic candidate Michael Dukakis sitting in a tank turret wearing a helmet in the 1988 US presidential campaign. In both cases the image spells out L-O-O-O-O-O-S-E-R.  As for the aircraft photos: staged and contrived from the get-go. He looked like he was on one of those Air NZ tourist charters to the Antartic summer solstice. Another photo op FAIL.

Mind you, the NZDF brass as well as the troops on the ground would have appreciated the gesture, albeit for different reasons. So there was symbolic worth in the venture. It was in its execution where the enterprise failed.

Because they are clueless National PR flacks will congratulate themselves on a job well done in getting their message about the PM out to the masses, and the supplicant invited press will play the role of willful lapdogs by writing positive stories based on National PR releases (in part, because they share the government’s contempt for the intelligence of the general population, and in part because they would like to be invited along on other future junkets of this sort). But the cruel truth is that the exercise showed yet again how far out his depth the PM is when confronting the intricacies of even the most rudimentary aspects of foreign affairs. For those with a better sense of judgement, the exercise was embarrassing, not encouraging. Or as Pauly Fuemana would have said, “how bizzare.”

The EAB becomes the NAB.

 It has recently been announced the the External Assessment Bureau (EAB) has become the National Assessment Bureau (NAB), combining external as well as internal intelligence assessments in the lead up to the 2011 Rugby World Cup (although I believe that the claim that the move was needed to better coordinate threat assessment for the World Cup is a bit specious, especially since the recommendation for an integration of internal and external intelligence assessment came from a report by former Foreign Affairs Secretary Simon Murdoch that was commissioned independently of the World Cup bid). There has long been dissatisfaction with the lack of coordination between New Zealand internal and external intelligence collection and analysis agencies (to say nothing of their professionalism and competence). Although there is a veritable alphabet soup of such agencies, there was until now no single unit that coordinated all of the intelligence flows into one coherent assessment brief for the PM. Some believe that this rendered the EAB ineffectual because it was a duplication of resources (since all of the operational agencies also have analytic branches that formulate their own assessments). Others simply claimed that it was a waste of space because PMs usually dealt directly with the operational agencies themselves (since the PM is also the Minister of Security and Intelligence). Thus the options were to disband the EAB or refocus it. The government has chosen the latter course.

The important thing to note is that the EAB/NAB is an analytic group located in the Prime Minister’s cabinet, and is responsible for providing intelligence assessments for the PM.  It is not an intelligence-gathering (spy) agency even though it handles classified material. Yet, news that it has now assumed an internal focus along with its ongoing external assessment duties has alarmed civil libertarians and elements on the Left. The Greens put out a press release expressing concern over the move, with Keith Locke offering the humorous observation that the only area of growth in the public service seems to be the spy agencies.

Well, not quite. Although I respect Keith Locke’s position, I disagree that giving the revamped NAB an internal focus is a bad thing or that this reform signifies a growth of the spy apparatus. The NAB budget and those of the operational agencies have remained relatively consistent the last five years (after major increases post 9/11), and the NAB is not targeted to increase the number of personnel working within it (which means more responsibilities for the same number of people assigned to it). Hence all that has been done is to give the intelligence assessment unit with the PMs office access to more rounded intelligence streams from both internal and external security agencies so as to be able to better prepare unitary and coherent net security assessments for the PM. Before, the EAB only looked at foreign issues as fed to it by MFAT, the SIS, the GCSB, Customs, Immigration and the NZDF intelligence units. Now it will get streams from the Police, CTAG (Counter Terrorism Assessment Group, which is an inter-agency unit that does both internal and external terrorist assessment) and from the SIS/GCSB and the other mentioned agencies on internal issues of concern. That way the NAB can provide a more comprehensive picture of any given security matter to the PM, since often times threats have what is known as a “glocal” character–a mixture of global and local characteristics. Think organised crime and its potential nexus with terrorism….the “glocal” or “intermestic” overlap is broad and variegated

In a way the change makes the NAB the NZ equivalent of the US National Security Council (NSC)–the primary assessment agency working for the President/PM. It is an assessment unit, not an intelligence collection (operational) unit. It is full of analysts, not spies. With a 3 million dollar budget covering 30 people, it does not have the capacity to do anything other than read and assess what the operational branches provide them. From my perspective, were I to be offered a government job, this would be the best place to be (knowledge being power, etc.).

This is not to say that the announcement is worry-free. The troubling parts are: 1) whether this means that both internal and external intelligence assessments will  now be politicised, much as the Zaoui and Urewera 18 cases were; and 2) no Parliamentary consultation or inputs were done in the build-up to the change. Although the Murdoch report is correct (there was a need to rationalise the flow of intelligence to the PMs office), it might have been more transparent and democratic to run the proposed reform past the country’s elected representatives rather than to just do it by executive fiat. There are also issues of accountability, since the NAB is not required to deliver specific reports to the the Intelligence and Security Committee (such as it is) or Parliament in general (although it does maintain a web site and issues and annual report on the generalities of its mission). The latter is not an insurmountable obstacle, however, because the PM can be made to account for the actions of his cabinet.

Thus, unlike many of my learned counterparts on the Left and in politics, I do not see the revamping of the EAB/NAB as an assault on civil liberties or an expansion of the security apparatus. Instead I see it as an effort to streamline and lend coherency to what the PM receives as informed advice on matters of security and intelligence. Time will tell if I am correct.

Outsourcing Counter-Espionage.

The SIS recently released its 2008-2009 annual report. I will be analyzing it in further detail in a future “Word from Afar” column over at Scoop. However, I thought I would provide readers with a glimpse of one aspect of its activities that called my attention.

On page 14 (out of 29) of the report, in the section titled “Intelligence and Advice to Government,” under the heading “Counter-Espionage,” the following quote summarizes the SIS approach towards countering foreign espionage activities in NZ: “The Counter-Espionage (CE) efforts identifies and frustrates acts of espionage against New Zealand or New Zealanders. We give advice to internal and external stakeholders and disrupt, where appropriate and usually via a third party, espionage activities prejudicial to New Zealand’s national security” (emphasis mine).

Beyond the fact that the SIS does not mention whether, in fact, any foreign espionage actually occurred during the time period in question (I would assume that it did), much less the precise nature of such activities, two points in that sentence are worth noting. First, the mention of external stakeholders. Who might they be? It is obvious who the internal stakeholders are-the government and other NZ agencies. But who, exactly, are the external stakeholders? Who would have a “stake-holding” interest in foreign espionage activities in or involving NZ: Australia? France? The US? UK? Private agents/ies?

That brings up the second and more interesting point. The SIS claims that it usually disrupts foreign espionage via “a third party.” Again, who is this party or parties? We can assume that the SIS uses the Police, the GCSB (for electronic and technical counter-measures), the NZDF and perhaps Customs and other government security agencies as part of this effort (since it would be alarming if it it used just one third party for all of its counter-espionage “disruption” tasks). But does the reference to third parties include foreign governments and/or private or non-governmental agencies such as private security firms? Given that private security agencies have recently spied on environmental activists on behalf of  public and private corporations in NZ, it is not a stretch to wonder if this type of out-sourcing is also used by the SIS. Such a privatization of intelligence operations opens a potential cans of worms with regards to civil rights and the blurring of the lines between proper governmental authority and profit-driven interest. If indeed private agencies are used for counter-intelligence operations, who are they? Does that include foreign firms as well as NZ privateers (such as Xe, the re-branded name for Blackwater, which has its own intelligence and counter-intelligence branches)? Hence, an explanation as to who are these third parties appears to be in order (not that I expect that we will receive one).

Moreover, could it be possible that the SIS also contracts to foreign governments counter-intelligence tasks on NZ soil or on behalf of NZ “interests?” Is that not a violation of sovereignty? Or is it simply expedient to do so given NZ’s lack of capabilities in this field?  Does the public have a right to know about such things? More specifically, does the parliamentary committee on intelligence and security (all 5 members) have knowledge of who these third parties are? If so, are they content with the arrangement, and on what specific grounds (such as oversight and accountability)? Again, the questions raised by this simple mention in the SIS report are both numerous and troubling.

I will leave for the larger essay the implication that the SIS does not have the capability to engage in counter-espionage operations on its own, particularly in its human component. That is worrisome in itself, but also is the reason for the third party outsourcing.

The full report is here: http://img.scoop.co.nz/media/pdfs/1002/nzsisar09.pdf

Blog Link: Why the NZDF is in Afghanistan

Controversy about the publication of SAS soldiers in action in Kabul last week, and the identification of one of them, has morphed into debate about the reasons why the NZDF is in Afghanistan. I have already outlined my views on the matter in previous posts here at KP, but the furore forced me to reflect again on the issue. That reflection was precipitated by the fact that criticism of the mission comes from both the political Left and the political Right. Some on the Left think that the venture is a US-led occupation driven by neo-imperialist  ambition and corporate greed that violates the Afghans right to self-determination, and that the NZ involvement is a form of sucking up to the US in pursuit of a free trade agreement. Some on the Right believe that NZ has no strategic stake in the conflict and should leave the (enter derogatory term here) alone to sort out their own fate while NZ concentrates on issues closer to home. I believe that both sides have misread the situation. 

To that end I have offered my summary views on the matter as this month’s Word from Afar column over at Scoop.

The SIS wants us to help do its job.

The SIS has asked for the cooperation of private industry and academia in reporting potentially suspicious activities that could be related to the pursuit of weapons of mass destruction (WMD).  To that end it sent out a pamphlet to universities and business where potential WMD materials are used outlining how to identify the misuse of said materials along with SIS contact numbers to report to. The main academic union, TEU has protested what it sees as an intrusion into academic freedom, arguing that such requests turn academics into “snitches” and can lead to ethnic profiling. The problem with the TEU position is that the SIS request is akin to the Police asking for community cooperation in reporting suspected criminal activity–it is a request made on citizens as part of their social responsibilities rather than a request to them as academics per se.

What is interesting is that this request comes a bit too late and acutely demonstrates SIS inadequacies in fulfilling its main responsibilities. It also demonstrates how misguided market-driven policies can come back to bite the country in the (security) posterior.

The main reason why the SIS is now asking for public help in locating potential WMD training in NZ is due to the lack of security vetting of business and student visas. Under the 5th Labour government, agreements were signed that allow for the entrance of 1000 Pakistani and 350 Saudi and UAE students to study at NZ universities. The areas of study included chemistry, biochemistry, physics, agronomy, biology, and several engineering subfields (but not political science, surprisingly enough). In none of these agreements are their provisions of security vetting of students either before or after they enroll. Given that Pakistan is jihad central and that Saudi Arabia is the source of the human cannon fodder that carried out 9/11 and numerous other terrorist attacks that is surprising, to say the least, and reckless, dangerous and irresponsible to say the worst. But Labour was intent on making NZ an educational niche market for foreign fees paying students at a time when exactly such security vetting was increasingly being required by other English language countries. Seeing a moment of profit opportunity, and disregarding the glaring security implications of the move, Labour stepped in to fill that niche.

At the time the Pakistani and Middle Eastern student visa agreements were made, I made several public statements and private enquiries of my former employer about the problems of that decision. The Labour government dismissed me as a right wing fear-mongerer and the University ignored my concerns. Now, apparently, the SIS has decided that those concerns had some basis, but lacking in the resources and personnel to monitor every business and lab where potential WMD materials and training can be obtained, have decided to ask the public involved in those industries for help. I applaud the move even though I think that SIS Director Tucker would also be advised to re-orient his troops away from  monitoring domestic environmental, Maori and anti-capitalist activists and concentrate on the very real, state and non-state foreign-connected threats that impact on NZ.

This is not to say that a NZ citizen could not join a university chemistry or physics department out of something more than a love of the discipline. What it does say is that when students, owners or employees display an unhealthy interest in anthax, radioactive and biological waste, medical isotopes, epidemiological causes and morbidity, then it would be socially responsible to advise authorities of that fact. The profiling would not be on the ethnicity of the individual but on his/her behaviour.

Until the NZ government tightens up its visa programme to include security vetting of prospective arrivals, the burden rests on after-entry detection. As it stands, business visas are issued to people with money to invest without questions asked about their past; the same lack of scrutiny is true for students. Thus, mainland Chinese and Taiwanese  students are believed to be a source of triad penetration into NZ. Business visas are believed to be conduits for money laundering from both Asia and the South Pacific. Latin American students are suspected of links with drug traffickers.

Conversely, Middle Eastern and Central Asian students and investors may be completely circumspect and “clean” in their background and intent when arriving on NZ shores. Political refugees from conflict zones like Afghanistan, Iraq, Iran, Pakistan, Somalia and the Sudan may want to start over in an safe place, and from what has been seen so far, most do. But as Ronald Reagan said, it is best to trust, then verify. Since the market-driven logic of the Labour government overshadowed the security logic of most counter-terrorism practitioners, security vetting of visa applicants can not happen before or upon entry (and to be fair, much of that is due to NZ distrust of the reliability of information coming from easily bribed or influenced local security authorities in the countries of origin). It therefore has to be an ex post exercise.

That is what the SIS is asking the public to do, as a form of community service.

The trouble is that the SIS reputation is so throughly tarnished by its past excesses and ineptitude, many if not most Kiwis have no interest in helping it to do its job. That makes for a potential double-bite on the security rear.

Legal Utu in a Colonial Court?

A little over two years ago the so-called ” anti-terrorism” raids were carried out by the Police against activists in Ruatoki, Wellington and Auckland. The media frenzy that immediately followed focused on reports of “paramilitary” training camps, where, according to Helen Clark, “napalm” bombs were being made, weapons training was ongoing and plots were being hatched against a  variety of political figures, among them George W. Bush. Police affidavits were leaked to the press that detailed the “evidence” collected by covert means, and profiles of the more flamboyant of the defendants were splashed over the tabloids, radio and television. Almost immediately, multiple charges were laid under the Firearms Act 1983, but a few weeks after the raid the Solicitor General decided against laying charges under the Terrorism Suppression Act (TSA) because he deemed the TSA to be “unworkable.” This was a blow to the government’s case because much of the surveillance done in the build-up to the raids was authorised under provisions of the TSA. Even so, the government pressed ahead and in the months that followed arrested 3 more people and (a year after the raids) charged five of the original defendants with the additional count of  “participation in a criminal gang” (Tame Iti, Rangi Kemara, Tuhoe Lambert, Emily Bailey and Urs Signer). What all of the defendants have in common is that they are well-known and often outspoken critics of the NZ state, the US and capitalism in general. Beyond that they are a mixture of anarchist, environmental and indigenous sovereignty advocates (and at least one unhinged individual) united by their common disdain of the status quo. For background on the events and immediate response to the raids, see the trilogy I wrote for Scoop in the weeks that followed: here, here, and here.

With no terrorism angle to report on, the media lost interest and the story died. But what has become of the Urewera 18? (2 of the arrested have been discharged without conviction or had charges dismissed). Here I shall provide a brief update and make note of some ironies.

The Urewera 18 are represented by 14 barristers and numerous solicitors, with Rodney Harrison QC (of Zaoui case fame) recognised as lead counsel and Annette Sykes given special status by the Court with respect to the tikanga of Tuhoe and implied license. Proceedings have dragged on for more than two years, and like the Zaoui case, it is likely that they will continue for at least another year (reports are that the first available trial date is in 2011). Given the numbers of defendants and legal counsel involved, this means that the taxpayer bill for the prosecution of the case will dwarf the NZ$2 million spent in the futile attempt to refuse Ahmed Zauoi political refuge. The cost for the defendants, emotional as well as material, is similarly high.

As for the substance of the case against the Urewera 18, let us begin with the charges. Other than the criminal gang accusation and a common charge of possession of restricted weapons (presumably related to incendiary devices), all else fall under the Firearms Act of 1983. After some legal wrangling, the charges have been bundled together as ‘representative’ charges so as to make the number of charges more manageable. In other words, in early depositions each defendant was charged with possession of each gun at each camp, resulting in hundreds of charges. That has now been amended to a single charge for possession at each camp (.i.e. each individual visit to the Ruatoki bush camp resulted in one firearms charge). As an example, when arrested one defendant originally faced 3 charges, then at depositions the number of charges  rose to 13, but now has returned to the original 3 charges. Even so, the number of individual charges is in the dozens.

With regard to bail. Remember that in their original statements the Police were opposed to bail for the accused, citing the imminent threat they posed to the community. That has all changed. The most onerous bail conditions have been lifted and travel restrictions relaxed although not completely removed. It is my understanding that Tame Iti will again travel to Europe this summer to perform more Shakespeare (Iti was allowed to travel abroad earlier this year in order to participate in theatrical productions in Europe) and Urs Singer has been allowed to visit his ailing parents in Europe as well (the irony of Tame Iti doing Shakespeare in European theaters–as a sort of cultural ambassador, if you will–while on trial in NZ is not lost on me, but I shall avoid mentioning that in my summation below simply because there are other ironies worth noting. But it does point to how serious a threat to the security of Aotearoa he is considered to be by the government).

Then there is the issue of the means by which the case was constructed, to wit, the human and electronic surveillance and wiretaps used to monitor the accused. The Solicitor General’s decision to not invoke the TSA proved to be problematic for the government’s case, since much of the means by which the activists were tracked and evidence gathered were only allowable under the TSA. With no TSA charges on the menu, the admissibility of the evidence collected under its provisions was open to legal challenge. That soon came.

In August, applications  were made by the defense that all search warrants, in-person covert surveillance (conducted by the Police Special Tactics Group) and stationary covert cameras were illegal. By and large, the defendants won that part of the argument. In September the presiding judge declared at least 6 of 9 warrants illegal, specifically declaring illegal all in-person covert surveillance and stationary cameras. The latter was deemed illegal because the police trespassed onto private land in order to install the cameras (it is not currently possible to get a warrant for surveillance cameras on private property in NZ). The Police Special Intelligence Group tried to justify its actions by claiming in retrospect that they sought judicial oversight in doing so (presumably with reference to the TSA). In reality, they knew at the time that they couldn’t get warrants for such activity without the TSA, but did so anyway. Now that evidence is inadmissible. Even so, the government won on excluding text messages, and it remains to be seen whether the defense will challenge that ruling in the Court of Appeal. (A good summary of the decision is available here).

 The second stage of this application was heard in September and a decision is still pending. Under Sec 30 of the Evidence Act, in order for evidence to be ruled inadmissable, it must be found to be both illegal and unreasonable. This differs greatly from the US where it follows quite logically that activity which is illegal is by nature unreasonable, but the police in NZ are given a much greater benefit of the doubt on this matter. This is an important distinction, because that means that even if the evidence is deemed to have been illegally obtained, it still can be ruled admissible in a NZ Court if it is deemed “reasonable.” QC Harrison has consequently made submissions about why inclusion of this evidence was unreasonable. The main thrust of his argument is that the police’s trespass was sustained, deliberate and knowing. It happened over a period of nearly a year on land that was clearly private property. The judgement is still pending on this part of the defense motion. Whoever loses is very likely to appeal because the case could well hinge on the disputed evidence.

In the last weeks  the defense has making an application for a stay of the proceedings based on pre-trial publicity. In essence, that the case has been so prejudiced that the Urewera 18 cannot get a fair trial. Interestingly, the most recent  precedent for such an application was made by the same two lawyers on behalf of the two suspected Mossad agents who
were arrested for attempting to procure false passports in 2005.

The defendants are next due to appear in court in Auckland in mid-December. For those interested, the hearings are open to the public but those attending should expect increased security measures and the possibility of Crown objections to their presence if it is considered injurious to their case (the Crown has already objected to filming of the hearings for documentary purposes).

So what are the ironies of the case so far? Well, for starters there is the parallel with the Zaoui case. In both instances the government began by throwing out unfounded accusations of “terrorism,” only to see their case for it crumble under legal scrutiny.  For all the talk of terrorism, it was the Police Special Tactics Group, not the counter-terrorism component of the NZSAS or the specifically-trained Counter Terrorism Tactical Assault Group (CTTAG) who conducted the surveillance and led the raids (which indicates that the government did not take the threat of terrorism seriously enough to justify use of the forces designated for that role). The money spent on the prosecution and legal defense of both cases is also on a par, if not more in the latter instance.

Another irony is that the arms dealer who (allegedly) supplied information to some of the defendants about how to construct silencers, on how to modify a starter’s pistol into a real weapon, and who allegedly provided instruction on how to convert flare grenade launchers into the real thing, has not been charged with a single offense (reportedly due to his being a Police informant).

For its part, rather than strengthen criminal law to deal with politically-motivated criminal conspiracies in light of the “unworkability” of the TSA (thereby avoiding the authoritarian penchant to create a different category of “political” crimes labeled as “terroristic”), National has re-introduced a Search and Surveillance Bill first proposed by Labour last year in which powers of search and surveillance would be expanded dramatically (to include warrantless searches, eavesdropping and tapping of computers and phones) by a broader range of government agencies–including local administrative authorities! The irony is that, rather than use the Urewera case as an example of how NOT to conduct a criminal investigation against political dissidents, the government has instead moved to relax legal restrictions governing covert monitoring of suspects, including on private property (i.e., the exact practices that were deemed illegal in September by the presiding judge in this case).

But the ultimate irony may be this. According to defendant Omar Hamed, “October 15 was a reminder that the state is not our friend. It is a violent, colonial, racist institution that serves the interests of the corporations and the ruling class. Well organised, anti-statist, defiant communities pose a threat to the state and colonial capitalism…” (taken from a passage included in the exhibition catalogue for the Arts auction “Explosive Expression” held to raise funds for the Urewera 18 on October 16, 2009 in Wellington). And yet it is this purported colonial, racist and corporate justice system that has allowed the Urewera 18 to formulate and fund a defense that has successfully challenged the case against them so far. It would seem that, at least in this case, utu  (as both justice and revenge) does in fact come in colonial garb.

My view is that by the end of the process a majority of the defendants will be acquitted and only a handful will be convicted of minor firearms violations. It will be left for the NZ public to decide whether the entire affair was worth the effort, and whether indeed, if ever, there were the makings of a terrorist plot percolating in the Ureweras.

PS: I have some inquiries out at the moment that might allow me to update the status of the case. If so, I shall do so post haste and append a notification at the end of this post.

PPS: This post has been updated to reflect my remembering of another irony regarding the government response to its failures in this case (see irony #3 above) as well some fine points regarding the charges.

The 2009 Defense Review.

Public consultation meetings about the 2009 Defense Review, which will result in a White Paper being published in early 2010, have now concluded. Yet, although the formal submission deadline for individuals and groups has passed, the review committee would be ill-advised to ignore short-term late submissions when they have another 4-5 months to go before the final draft of the White Paper is published. Late does not always mean never. You can access the terms of reference and information about submissions here. 

It is important that those of the Left of the political spectrum and progressives in general get involved in defence and security issues on an on-going basis, and for them to avoid knee-jerk abhorrence or avoidance of national security issues except when it is topical or effects them directly (such as in the Zaoui case or that of the Urewera 17). Ignoring defense and security issues leaves the field of  play open to security conservatives and the Right in general, including pro-nuclear and abjectly pro-US  elements within the political spectrum. Allowing their views and those of the defense and security bureaucracy to go unchallenged is to concede to them the terms of debate and skews the tone of the White Paper in a conservative-Right direction. That is not healthy for a mature democracy.

In order to do so, however, the Left needs to have something smart to say and not simply repeat the usual pacifist/anti-imperialist mantras. Having the Green Party lead the Left on defense is a non-starter (however well-intentioned the Greens may be) because of their adherence to the pacifist/anti-imperialist line, and the Labour Party is equally unrepresentative of the range of Left thought on defense issues. That leaves a void where the informed Left should be: New Zealand may be small and physically isolated, but it has real security needs and obligations to the international community that require its involvement in foreign military adventures, be they multilateral or bilateral in nature. Simple distaste for the military and police does not cut it when addressing the fundamentals of national security in a small state such as this. What is needed is a Left-progressive critique and plan for near-term security requirements, something that can involve a number of alternative prescriptions based upon notions on humanitarian assistance, non-intervention, multilateralism, peace-keeping and nation-building, non-traditional security concerns (such as environmental degradation and pandemics) and/or non-proliferation (nuclear and conventional). The Left can  (indeed, must) offer recommendations about how and when NZDF personnel are deployed abroad, under what chain of command, and for what purposes (something that at the moment is left to the government of the day). All of this requires some degree of understanding of national security and defense requirements, including strategic and technical issues.

For example, I would advise in favour of a restored close air support (CAS) /ground-attack RNZAF capability that would be used to cover NZDF troops involved in UN- or regional organisation-sanctioned peace-keeping and nation-building duties (to include counter-insurgency operations in failed states). That means that Kiwi pilots would protect Kiwi ground troops in the event that they are at imminent peril, thereby diminishing NZDF reliance on foreign air cover in circumstances when time is of the essence (since foreign air wing commanders, faced with a choice of protecting their own or allied troops in a fluid combat environment with amorphous fronts, will inevitably support their own at the expense of their allies). Such scenarios occur more frequently than the public may realise, and in fact has occurred in East Timor in the last decade (which resulted in the death of an NZDF trooper at the hands of Indonesian forces resisting Timorese independence). In any event, such a CAS capability could involve rotary or fixed wing platforms depending on budgetary constraints and operational requirements 

I would love to get involved in this process but I live abroad and have not been asked. Instead, security conservatives in my former department and other NZ universities have a lock on academic submissions to the Review regardless of their actual “expertise” on such matters. Thus as it stands the Review process is stacked to the Right, and the White Paper will reflect that. For no other reason, this is why the Left needs to get involved in the Review process, because it will be too late once the White Paper is published (and it should be noted that the Review Committee is comprised of former military and/or defense officials).

I have very strong views on how the NZDF should look and how it should be deployed abroad given its international role and reputation. This includes views about the defense budget (both as a percentage of GDP as well as in terms of relative outlays to weapons acquisitions and personnel), force configuration and strategic orientation. But since I cannot weigh in on the subject, I hope that others will. I therefore urge you and your like-minded acquaintences to make your informed views known ASAP, as the deadline for submissions has passed but the Review Committees deliberations have not. Should the committee refuse your submission, enlist an MP or publicly agitate for its inclusion and consideration. Being late does not mean you should not be heard.

On resuming intelligence sharing with the US.

I must confess that this one has me stumped. In her joint press conference with Murray McCully today, Hillary Clinton said that the US would resume intelligence-sharing with NZ as a sign of the strengthened security ties between the two countries.  It might have been a slip of the tongue, but McCully seemed unfazed and the comment was made as part of her prepared remarks, so it appears that the mention was deliberate. But what does it really mean? The US and NZ already share signal intelligence streams via the Echelon network, which has two collection stations on NZ soil. The NZSAS has a least one officer seconded to CIA headquarters in Langley, Virginia (as well as NZSAS liaison officers designated to  MI-6 in the UK, ASIO in Canberra, the Canadian Security Intelligence Service and the French DGSE).  The CIA more than likely has a station officer in Wellington (most likely a political (affairs) officer). These connections presumably are already involved in intelligence sharing. So what gives?

Since I am not privy to the decision-making involved, let me just speculate on what this announcement may mean. A few weeks back word slipped out that NZ had intelligence operatives in Afghanistan. Then the NZSAS were deployed there (to Kabul, as it turns out, in a counter-terrorism and CT training role rather than their previous long range patrol and reconnaissance role, which is an interesting story in itself). Putting these two lines together, I suspect that what Mrs. Clinton was alluding to was a resumption of tactical intelligence sharing between US and NZ forces in theater (rather than first report back to their respective superiors at home and allow the bosses to determine what gets shared). This would obviously be of priority in Afghanistan, but frees up US and NZ intelligence collectors to share information throughout areas of mutual interest such as the Western Pacific Rim. On the latter, subjects of mutual interest could include Chinese intelligence and military activities in the region (as alluded to in the Scoop series I linked to last month), money laundering and arms trafficking, organised crime activities (which would also be shared with INTERPOL), as well as leadership analysis and political and  economic trend forecasts.

More broadly, what this means is that NZ is returning to the US fold on security matters. If Australia is the US sheriffs deputy in the Southern Hemisphere, NZ under National is positioning to become the deputy’s adjunct. What is different is not just the extent of the bilateral cooperation involved, but the fact that the Ozzies make no bones about their belief that their middle power aspirations are tied to the US mantle, whereas NZ has carefully cultivated an image of being a neutral and honest broker in international affairs. With this revelation, that image is bound to be altered, and it remains to be seen if the benefits of closer security relations with the US (which I do not necessarily object to based on the principle of necessity) may translate into to a loss of mana, reputation and prestige in the eyes of the larger international community. Perhaps the diplomatic community is jaded enough to understand that pragmatism requires that NZ play all sides of the fence, that “it has to do what it has to do,”and that its rhetorical lip service is a mere cover to its real, pro-US orientation (I touched on this in the previous post titled “John Key Rides the Fence”). However, I wonder how the Chinese, Malaysians, Iranians and Arab trading partners will feel about this revelation, to say nothing of European partners who have trusted NZ to speak to truth to power on issues as varied as non-proliferation and environmental sustainability. Although Mrs. Clinton was at pains to laud NZ’s role on the latter two subjects, it remains to be seen what (negative or positive) spill-over effects may occur as a result of this closer bilateral security relationship, or, as National will undoubtably argue, whether the issue of intelligence sharing is safely “compartmentalized” and thereby insulated from the broader foreign policy direction of the National government. In three years we should know, but by then the consequences, good or bad, will be inescapable.