Category: NZ foreign policy

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Media Link: AVFA on small state approaches to multilateral conflict resolution in transitional times.

In this week’s “A View from Afar” podcast Selwyn Manning and I used NZ’s contribution of money to purchase weapons for Ukraine as a stepping stone into a discussion of small sate roles in coalition-building, multilateral approaches to conflict resolution and who and who is not aiding the effort to stem the Russian invasion. We then switch to a discussion of the recently announced PRC-Solomon Islands security agreement and the opposition to it from Australia, NZ and the US. As we note, when it comes to respect for sovereignty and national independence in foreign policy, in the cases of Ukraine and the Solomons, what is good for the goose is good for the gander.

We got side-tracked a bit with a disagreement between us about the logic of nuclear deterrence as it might or might not apply to the Ruso-Ukrainian conflict, something that was mirrored in the real time on-line discussion. That was good because it expanded the scope of the storyline for the day, but it also made for a longer episode. Feel free to give your opinions about it.

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Media Link: AVFA on the Open Source Intelligence War.

I have been busy with other projects so have not been posting as much as I would like. Hence the turn to linking to episodes from this season ‘s “A View from Afar” podcast with Selwyn Manning (this is season 3, episode 8). In the month since the Russians invaded Ukraine we have dedicated our shows to various aspects of the war. We continue that theme this week by using as a “hook” the news that New Zealand is sending 7 signals intelligence specialists to London and Brussels to assist NATO with its efforts to supply Ukraine with actionable real time signals and technical intelligence in its fight against the invaders. We take that a step further by discussing the advent of open source intelligence collection and analysis as not only the work of private commercial ventures and interested individuals and scholars, but as a crowd sourcing effort that is in tis case being encouraged and channeled by the Ukrainian government and military to help tip the conflict scales in its favour.

We also discuss the geopolitical reasons why NZ decided to make the move when it arguably has no dog directly involved in the fight. It turns out that it does.

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The incremental shift.

In the build up to the Xmas holidays I was interviewed by two mainstream media outlets about the recently released (December 2021) Defence Assessment Report and last week’s 5 Eyes Communique that included New Zealand as a signatory. The common theme in the two documents was the threat, at least as seen through the eyes of NZ’s security community, that the PRC increasingly poses to international and regional peace and stability. But as always happens, what I tried to explain in hour-long conversations with reporters and producers inevitably was whittled down into truncated pronouncements that skirted over some nuances in my thought about the subject. In the interest of clarification, here is a fuller account of what is now being described as a “shift” in NZ’s stance on the PRC.

Indeed, there has been a shift in NZ diplomatic and security approaches when it comes to the PRC, at least when compared to that which operated when he Labour-led coalition took office in 2017. But rather than sudden, the shift has been signalled incrementally, only hardening (if that is the right term) in the last eighteen months. In July 2020, the the wake of the ill-fated Hong Kong uprising, NZ suspended its extradition treaty with Hong Kong, citing the PRC passage of the Security Law for Hong Kong and its negative impact on judicial independence and the “one country, two systems” principle agreed to in the 1997 Joint UK-PRC Declaration on returning Hong Kong to Chinese control. At the same time NZ changed its sensitive export control regime so that military and “dual use” exports to HK are now treated the same as if they were destined for the mainland. 

In November 2020 NZ co-signed a declaration with its 5 Eyes partners condemning further limits on political voice and rights in HK with the postponment of Legislative elections, arrests of opposition leaders and further extension of provisions of the mainland Security Law to HK. The partners also joined in condemnation of the treatment of Uyghurs in Yinjiang province. In April 2021 Foreign Minister Nanaia Mahuta gave her “Dragon and Taniwha” speech where she tried to use Maori allegories to describe the bilateral relationship and called for NZ to diversify its trade away from overly concentrated partnerships, using the pandemic supply chain problems as an illustration as to why.

She also said that NZ was uncomfortable with using the 5 Eyes intelligence partnership as a public diplomacy tool. I agree completely with that view, as there are plenty of other diplomatic forums and channels through which to express displeasure or criticism. The speech did not go over well in part because NZ business elites reacted viscerally to a large tattooed Maori woman spinning indigenous yarns to a mainly Chinese and Chinese-friendly audience (and other foreign interlocutors further afield). From a “traditional” (meaning: white male colonial) perspective the speech was a bit odd because it was long on fable and imagery and short on “hard” facts, but if one dug deeper there were plenty of realpolitik nuggets within the fairy dust, with the proper context to the speech being that that Labour has an agenda to introduce Maori governance principles, custom and culture into non-traditional policy areas such as foreign policy. So for me it was the balancing act bookended by the trade diversification and 5 Eyes lines that stood out in that korero.

Less than a month later Prime Minister Ardern spoke to a meeting of the China Business Summit in Auckland and noted that “It will not have escaped the attention of anyone here that as China’s role in the world grows and changes, the differences between our systems – and the interests and values that shape those systems – are becoming harder to reconcile.” That hardly sounds like appeasement or submission to the PRC’s will. Even so, Mahuta and Ardern were loudly condemned by rightwingers in NZ, Australia, the UK and US, with some going so far as to say that New Zealand had become “New Xiland” and that it would be kicked out the 5 Eyes for being soft on the Chinese. As I said at the time, there was more than a whiff of misogyny in those critiques.

In May 2021 the Labour-led government joined opposition parties in unanimously condemning the PRC for its abuse of Uyghur human rights. The motion can be found here.

In July 2021 NZ Minister of Intelligence and Security Andrew Little publicly blamed China-based, state-backed cyber-aggressors for a large scale hacking attack on Microsoft software vulnerabilities in NZ targets. He pointed to intolerable behaviour of such actors and the fact that their operations were confirmed by multiple Western intelligence agencies. He returned to the theme in a November 2021 speech given at Victoria University, where he reiterated his concerns about foreign interference and hacking activities without mentioning the PRC by name as part of a broad review of his remit. Rhetorical diplomatic niceties aside, it was quite clear who he was referring to when he spoke of state-backed cyber criminals (Russia is the other main culprit, but certainly not the only one). You can find the speech here. 

In early December 2021 the Ministry of Defense released its Defense Assessment Report for the first time in six years. In it China is repeatedly mentioned as the major threat to regional and global stability (along with climate change). Again, the issue of incompatible values was noted as part of a surprisingly blunt characterisation of NZ’s threat environment. I should point out that security officials are usually more hawkish than their diplomatic counterparts, and it was the Secretary of Defense, not the Minister who made the strongest statements about China (the Secretary is the senior civil servant in the MoD; the Minister, Peeni Henare, spoke of promoting Maori governance principles based on consensus and respect into the NZDF (“people, infrastructure, Pacifika”), something that may be harder to do than say because of the strictly hierarchical nature of military organisation. At the presser where the Secretary and Minister spoke about the Report, the uniformed brass spoke of “capability building” based on a wish list in the Report. Let’s just say that the wish list is focused on platforms that counter external, mostly maritime, physical threats coming from extra regional actors and factors rather than on matters of internal governance.

Defence-Assessment-2021Download

Then came the joint 5 Eyes statement last week, once again reaffirming opposition to the erosion of Hong Kong’s autonomy and its gradual absorption into the Chinese State. Throughout this period NZ has raised the issue of the Uyghurs with the PRC in bilateral and multilateral forums, albeit in a quietly diplomatic way.

I am not sure what exactly led to NZ’s shift on the PRC but, rather than a sudden move, there has been a cooling, if not hardening trend during the last eighteen months when it comes to the bilateral relationship. The decision to move away from the PRC’s “embrace” is clear, but I have a feeling that something unpleasant may have occurred in the relationship (spying? influence operations? diplomatic or personal blackmail?) that forced NZ to tighten its ties to Western trade and security networks. The recently announced UK-NZ bilateral FTA is one step in that direction. AUKUS is another (because if its spill-over effect on NZ defense strategy and operations).

What that all means is that the PRC will likely retaliate sometime soon and NZ will have to buckle up for some material hardship during the transition to a more balanced and diversified trade portfolio. In other words, it seems likely that the PRC will respond by shifting its approach and engage diplomatic and economic sanctions of varying degrees of severity on NZ, if nothing else to demonstrate the costs of defying it and as a warning to those similarly inclined. That may not be overly burdensome on the diplomatic and security fronts given NZ’s partnerships in those fields, but for NZ actors deeply vested/invested in China (and that means those involved in producing about 30 percent of NZ’s GDP), there is a phrase that best describes their positions: “at risk.” They should plan accordingly.

Along with the New Year, there is the real possibility that, whether it arrives incrementally or suddenly, foreign policy darkness lies on the horizon.

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A note on the “jihadi bride.”

I ruffled a few feathers by referring to Gerry Brownlee as a “buffoon” during a radio interview this week. The subject in question was the involuntary repatriation of Suharya Aden and her children to NZ after Australia cancelled her citizenship. Brownlee was blathering about her being a terrorist security threat, how she jumped the que ahead of deserving Kiwis in the MIQ line and how the government needed to be more transparent about the process under which Ms. Aden was to be returned and administered. He said that NZ should adopt citizenship-stripping laws like those in Australia so as to prevent the likes of MS. Aden returning voluntarily or otherwise.

Truth be told, what I really wanted to say but could not because of time constraints was that Mr. Brownlee was/is a “racist dog-whistling, grasping-at-straws-on-the-security-angle tool.” I say so because Brownlee is the guy who ran the Christchurch earthquake “relief” efforts and sent private investigators to spy on insurance claimants and residents asking for help; who said that there were no white supremacists in Christchurch after the March 15 attacks; who hinted at dark conspiracy theories about Covid during the 2020 election; who railed about refugees during debate about the Control Order Bill last year when the Bill was strictly about returning Kiwis suspected to be involved in foreign conflicts. He was part of a government that regularly hid, misled or deliberately lied to the public on a number of issues, including those involving national security. He was an atrocious Defence Minister, more interested in junkets than full metal jackets, and a piss-poor Foreign Minister (among other failures) who was every diplomatic reception’s worst nightmare. He is long past his expiry date as a politician, so being a public buffoon is a step up. If you wish you can call him a tool, but either way, Pablo don’t suffer the fool.

As part of the debate on the Control Orders Bill (now Act) Brownlee knows that Control Orders come into effect once a person is on NZ soil and that invocation of the Act automatically triggers suppression orders on the name and case details of the person(s) targeted by the Act. His claims for more “transparency” about Ms. Aden’s case in progress are therefore disingenuous at best. Also, as a former Defence Minister, he should know something about operational and information security, so demanding to know how/when she is being returned is also a cynical ploy.

In any event enough about him. For the sake of clarity, let me outline some facts about Ms. Aden’s case, but without breeching any secrecy protocols.

Suhayra Aden was born in Mt. Roskill in 1995 of Somali refugee parents. At age six her family moved to Australia, settling in Melbourne, and took Australian citizenship. Her family is still there. in 2014, at age 19, she travelled to Turkey and from there was smuggled into Syria in order to become a so-called “jihadi bride.” How and why she became radicalised in Australia is not publicly known but likely to be known to Australian authorities. She may have been radicalised on-line. She may have been subjected to family or peer pressure. She may just wanted to see the world or get a taste for adventure. She was young, gullible, perhaps manipulable and clearly made some bad decisions. And yet she is still quite young at 26.

Two aspects of the Turkey/Syrian phase of her life are worth noting: First, according to Australian journalists who interviewed her in 2019, that she had second thoughts about the venture once she got to Turkey and tried to call her mother to seek help in escaping. She was unsuccessful and was taken by her minders/smugglers into Syria instead. This raises the possibility that everything that happened to her afterwards was done under duress, without her informed consent. Second, she was not “married” in the traditional Western sense of the word. In the medieval world view of ISIS, women are domestic servants, sex toys and breeders, that is, reproductive vessels of future fighters. They are assigned “husbands” and required to submit to them in every way. They are therefore not so much “wives” as they are domestic servants, sex slaves or, in historical terms, concubines. Concubines have interpersonal and sexual relationships with (often polygamous) men but do not hold the status of “full” wives whether or not there is a “full” wife in the picture. I have been told that my characterisation of Ms. Aden as a concubine or camp follower has been labeled as sexist by some NZ fourth wave feminists, but I suggest that they read a dictionary and get back to me on that one. Remember–it is ISIS that is medieval when it comes to gender roles, not me.

In Ms. Aden’s case, she had two “husbands,” one or both of them apparently Swedish (I have read conflicting reports on this). Both were killed in Syria, presumably fighting Western or Assad’s forces. She had three children with these men, one of whom died at an infant or toddler age of pneumonia. In 2019 she fled to the Al-Hawl refugee camp in northwestern Syria. That means that during the four years (2015-2019) she was actually in Syria, she was pregnant for 27 months of that time (2 years and 3 months). She presumably nursed her infants concurrently with and after those pregnancies. Along with the gender role assignation described above, that strongly suggests that she was not an ISIS fighter and therefore is unlikely to have been involved in committing atrocities even if her husbands were. And even if she was or knew about such things, the fact that she was likely acting against her will from the onset mitigates against accusations that she was actively engaged in terrorism. Evidence to the contrary, labelling her as a “terrorist” therefore seems to me to be smear of the most vile sort, something that many corporate and social media outlets, Gerry Brownlee and Judith Collins have all done.

In February 2021 Ms. Aden and her surviving children were caught by Turkish border authorities while attempting to cross into that country from Syria. At the time Turkish officials called her a “terrorist” but after questioning about evidence to that effect they dropped the claims. Instead, the narrative changed to her fleeing Al-Hawl in order to escape ISIS. Unlike the Kiwi “bumbling jihadist” Mark Taylor, who is in Kurdish custody, the Turkish authorities are keen to have Ms. Aden and her children deported. Lucky for her and unlucky for him, NZ feels obliged to help with that process. But how did NZ come to be involved?

In the 2019 interview with Australian journalists conducted at Al-Hawl, Ms. Aden expressed a desire to return to Australia. After the interview was made public, in early 2020 the Morrison government stripped her of her Australian citizenship under section 35 or the 2007 Australian Citizenship Act, amended in 2015 (after she had left Australia). The 2015 amendment to the 2007 Act stated that citizenship could be revoked because of “conduct inconsistent with allegiance to Australia,” although what constituted “inconsistent conduct” is not specified. What this means is that when Ms. Aden left for the fighting fields of Syria in 2014 she was doing nothing illegal, and that both the 2015 amendment to the ACT and the 2020 revocation of her citizenship were applied retroactively without due legal process or recourse.

In fact, sometime during the interim between her departure from Australia and arrest in Turkey, Australia requested that INTERPOL, the international police consortium, issue a “Blue Notice” on Ms. Aden. Unlike “Red Notices,” which are arrest warrants based on criminal charges, “Blue Notices ” are requests for information about persons of interest to the requesting party, such as missing persons. Louisa Akavi, the Kiwi nurse kidnapped and held hostage by ISIS, is also the subject of an INTERPOL Blue Notice. She is not only welcome home–she is wanted home by her whanau. Ms. Aden may also have family support in Melbourne but her country of choice has turned its back on her and her children. In NZ she has no such support and yet, as a citizen, her right of return is the same as Ms. Akavi. Therein lies the dilemma.

The Australians not only issued Ms. Aden’s non-criminal request for information to INTERPOL (how could they issue a criminal warrant since she had not committed any crime before and when she left Australia?), but they nevertheless went ahead and stripped her of her adopted citizenship after the fact based on assumptions about her agency and volition when it came to personal associations, travel and residence. Unlike the “bumbling jihadi,” she is not seen on tape calling for jihad and denouncing her home (Crusader) country. But they have called her a terrorist nonetheless.

That left NZ no other option but to return her and her children back to NZ, following international law and practice (which states that citizenship cannot be stripped from natural-born subjects and that States must recognise and assume responsibility for their subjects when asked to do so by foreign powers). Ms. Aden is a native born Kiwi and her children assumed citizenship by birthright. They have no other place to go now that Australia has rejected them. Should NZ adopt an Australian approach, as Brownlee and Collins suggest, then they would be left stateless and bereft. I would argue that whatever the sins of the mother, vesting them upon the children is a grotesquely callous act unbefitting a liberal democracy. As an international good actor and as a civilised society NZ has to make the best of a bad thing by offering them repatriation. Thankfully that is about to happen.

When Ms. Aden and her kids arrive in NZ it is likely that she will be the first person subjected to the Control Orders Act. As mentioned, that involves suppression of her name and details of her case. What is known is that the Act prescribes restrictions on her freedom of movement, communication and association. She will be monitored by security agencies and supervised by social welfare agencies, including psychological counselling services. This management program may even involve electronic bracelet usage (again, details of what is involved will likely be subject to suppression orders). She may be granted permission to engage with local civil society organisations specialised in the treatment of refugees from conflict zones and/or post-traumatic stress disorder. She and the children may receive new identities so that they can better lead “normal” and productive lives.

The need for those sort of extreme privacy measures is due to the dual nature of the security concerns involved. On the one hand, NZ security authorities must be vigilant that she pose no risk to NZ society. Were she in any way to encourage extremism in any forum or venue, she would likely be charged and prosecuted accordingly (perhaps even under proposed hate speech legislation, if not the Terrorism Suppression Act). The good news is that data from Europe suggests that returning “jihadi brides” statistically have a near-zero chance of continuing their support for Islamic extremism. Perhaps it is the traumas that they suffered, the trials that they endured, the tribulations that they encountered or the travails of their existence in war zones, but the likelihood of their returning to jihadism is very remote at best.

On the other hand, Ms. Aden and her family need to be protected from harm themselves. There are many Islamophobes in NZ who wish her (and her children) ill or worse. Some have vented in social media abut their desire to do her harm, so the threats must be taken seriously. That poses problems for the Police if her address, name or locations of schools, mosques and social service organisations that she frequents are made public. Given that there are innocent children involved, the authorities must be proactive on their behalf.

In the end, the NZ government has to make the most of a difficult situation and appears to be doing so, barking from the Opposition notwithstanding. It will be for Ms. Aden to make the most of her second (or third) chance in life, if not for herself then for the future of her children. The Opposition would be wise to cease and desist trying to score political points on the matter, less they find themselves confronted by a similar dilemma in the future when in government.

Most of all, it is time for the buffoonery to stop.

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Values, interests and security.

I recently attended a discussion about NZ national security that revolved around the relationship between core national values, national interests and national security. That was unusual because, while the interests-security nexus is well-established as an axiom of international relations (“nations have interests, not friends;” “States defend the national interest”), the role of values in defining national interests, and hence national security perspectives and priorities, is much less common. For foreign policy analysts values are problematic because they are subjective: one nation may value something as a priority that another nation does not. The anarchic “state of nature” that Hobbes said was the foundation of international relations is grounded in the absence of shared universal values, on the one hand, and the absence of a superordinate imposition and enforcement entity (the Leviathan) on the other. Moreover, adding values to foreign policy and national security policy-making can bring emotion to what otherwise should be an objective, dispassionate and rational process of assessment and implementation. Even basic costs/benefits analysis struggle when burdened by the weight of values, so for most foreign and security policy makers it is best to avoid adding value judgement to strategic outlooks.

It was therefore interesting to consider values, interests and security as component parts of a whole rather than as distinct albeit related issues. It was also interesting to try and address specific questions that flowed from that holistic conceptualisation, which essentially is premised on the belief that national security is in large part defined by national interests, which in turn are at least in part determined by core values.

Values<——->Interests<——->Security

So what are NZ’s core values and interests? Can they be and if so how are they incorporated into the concept of “national security?” Should values even factor into security policy?

More specifically, given the fact that NZ’s threat environment is increasingly “intermestic” or “glocal” in nature (where the line between domestic and international, local and global threats are blurred), should national security be considered in a holistic sense that covers non-traditional (aka human) security concerns (climate change, pandemics) that overlap domestic and foreign boundaries but distinguish between existential and peripheral dangers (as opposed to a stricter foreign versus domestic, physical versus non-physical threat dichotomy)? Should “threats” be classified according to their impact on core values as well as interests (since by definition threats are determined by the danger that they pose to strategic interests)? If so and again, what are NZ’s “core” values and interests? Are they distinguishable from each other? Should we separate values from interests in principle or when assessing and responding to threats (as realist international relations theory would have us do)? Or do we prioritise values when determining interests, and hence threats, in some instances but not others?

As a start, we can divide values and interests into what might be called “generic” and “specific” categories. Generic values and interests are those shared by all political communities regardless of geopolitical orientation, ideological persuasion or regime type. These are social peace and economic stability, physical security and territorial integrity. How these are achieved are defined by specific core values: ethno-religious, cultural-historical, secular humanist or born of other ideological conceptualisations of the proper order of things.

Think of the debate between “Asian” and “Western” values that animated discussions about political development at the turn of the past century and which continue to this day. The argument distills into the relative value placed on order versus voice: Asians are claimed to value social order and stability over representation and equality, which are supposedly the preferred values of the West. Needless to say this vulgarises the perspectives of both sides but the point is that values are different because they are subjective and they are subjective because they are culturally grounded.

This is the heart of the “clash of civilisations” thesis. The clash is one of competing value systems. For some countries, preservation of racial or ethnic heritage is a core value. For others it is maintenance of a particular social hierarchy involving a distinctive social division of labour rooted in an ideologically defined conceptualisation of the “proper” society, say, Christian heteronormative patriarchy. Some countries put a premium on their forms of governance or foundational myths. Some place value on individual and collective liberties while others reify social harmony and consensus. The list of specific values is long and broad, and when they come into contact and are juxtaposed, conflict is possible and then security is threatened.

But if national values are different and in conflict, does that means that core interests are at stake? Realists would say no and separate values from interests in security policy formation. Idealists will say yes and mesh values into the definition of national interests and security. Constructivists advocate for the building of supranational institutions that merge national interests (say, via rules-based trade networks) in ways conducive to value harmonization. Organizations like the WTO and WHO were founded on such assumptions but recent history has shown that they were and are wrong, perhaps because they do not account for different value structures, especially if these involve quests for power in pursuit of geopolitical strategies resultant from desires to maintain or achieve international dominance.

In any event, values must be considered when contemplating what is known as the “Second Image:” the domestic determinants of foreign policy (the First Image is the international system as presented to a State actor). Although obvious for understanding comparative foreign policy and strategic perspectives, the question remains whether core values define interests and therefore determine national security perspectives and requirements. A country with a history of violent secession, social division, civil war or imperial subjugation is likely to have a value structure that sees the world through a different lens than a country with homogenous demographics marked by social, economic and political consensus–if indeed the former can see the world through a unified lens. The larger question is whether the Second Image (domestic) factors influencing foreign and national security policy need to be left “at the door” when stepping through the transom into the First Image environment, or whether they can be successfully carried through the transition from the domestic into international space.

Returning to the discussion that I attended. what might be core values that influence interests and security in a small island liberal democracy like New Zealand? Democracy as a social (as opposed to strictly political) construct? Market Capitalism? Welfare statism? Free Trade? Equal rights for all? Freedom of belief and expression? Toleration of difference? Minority representation and voice? Universal suffrage? Governmental transparency and accountability? Where do Maori values, if distinct from those of Pakeha, come in, and if at least some of these are considered to be “core” values, how do they relate to interests and national security?

Given NZ’s colonial and post-colonial history, the question is not straight-forward. It is even harder to answer in larger democracies. For all its pontificating about democracy and freedom at home and abroad, the US has a historical record when it comes to interests and security that belies the often hypocritical hollowness of those words. For all the talk about égalité and fraternité, France has a less than stellar record when it comes to incorporating such values in its approach to the interest-security nexus. The UK–same. And dare we mention Australia?

Then there are the values of other democracies such as the Nordic tier. Do they incorporate values into their definitions of national interest and security? What about assorted authoritarian controlled countries, many of whom have little or no experience with democratic norms and values at the political much less social or economic levels. What might their core values be and do they factor into the construction of national interest and security?

That is why working values into the interests-security nexus is complicated and often problematic. But it is also important for understanding what goes into different foreign and security policy perspectives.

I would be interested to hear from readers on this matter. My interest is two-fold: 1) whether they can be defined and if so what are core values and interests in NZ? and, if they exist, 2) whether those values should be incorporated into conceptualisations of NZ national interests and national security perspectives?

What is certain is that the values-interests-security cloth is a complex weave.

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In Samoa, a fight for democracy.

New Zealand coverage of the attempt to overturn the results of Samoa’s national elections in April, when the opposition FAST Party won a one seat majority in parliament thanks to support from an independent MP, has largely been mindlessly anodyne. Take for example the unfortunate choice of words in the RNZ report (re-published in the NZ Herald) on the contested election: “the FAST party of Fiame Naomi Mataafa was expected to secure a majority of seats, overthrowing the long-ruling Human Rights Protection Party and making Fiame Samoa’s first female prime minister.”

There is no “overthrowing” going on in Samoa, at least not by FAST. That would be a coup, putsch or “golpe,” and that would involve a violent blocking of the constitutionally legitimate and electorally validated political succession process.

Instead, what has happened so far is a (yet unfinished)) constitutional and therefore legal rotation or succession in elected government between the defeated incumbent Human Rights Protection Party (HRPP) led by Prime Minister Tuilaepa Lupesoliai Neioti Aiono Sailele Malielegaoi and the victorious former opposition, a splinter break-off from the long ruling government of Mr. Malielegaoi (the irony of the party name will be ignored here). After dominating Samoan politics since 1982 and with the last 23 years in power in its present form (where it continuously placed legal obstacles to the formation of competing political parties), the HRPP and PM Malielegaoi are a lame duck caretaker administration until the new parliament is convened and the FAST government installed. After a series of legal challenges by HRPP involving a provision that 10 percent of parliament be female (which would mean adding one more appointed female seat to parliament and create a 26-26 MP deadlock that forces a new election), the Supreme Court ruled in favour of opposition that no new seat need be created and validated the results of the April 9 polls, opening the way for the sitting of a new parliament no more than 45 days after the election. That was to happen today.

Instead, the Malielegaoi government has blocked the move to sit a new parliament as per the Court’s order.

This is a troublesome move. Blocking rotation in government after a legitimate election is a very real attempt to overthrow the voter’s mandate. On Saturday Tuimalealiifano Vaaletoa Sualauvi, the Head of State appointed by the Malielegaoi government in 2017, declared that parliament would not re-open today. He stated the reasons for his decision would be given “in due course” and left Apia for his home village several hours drive away. On Sunday the Samoan Supreme Court heard an emergency challenge to the Head of State’s proclamation and found it to be unlawful. The Samoan Attorney General, representing the caretaker administration, walked out on the proceedings. Because it was held on a Sunday, PM Malielegaoi claimed that it contravened “God’s will” and was therefore illegal (there is no constitutional provision against holding court hearings on Sundays). The Supreme Court rejected the accusations of irregularity and reiterated that the new parliament should be seated on the basis of the April 9 results. Instead, the Speaker of the House, a member of the HRPP, shuttered the doors of the Maota Fono, claiming that he follows the orders of the Head of State, not the Supreme Court. Coincidentally or not, the website for the Samoan Observer, the country’s main media outlet, has gone off-line. The stage is set for an authoritarian usurpation.

To be clear: political democracy is based on the principle that election losers accept adverse results in exchange for getting to compete again at pre-set intervals under fair conditions. Rotation in government is considered to be an intrinsic part of democratic governance and intrinsically good because it allows opposition parties to learn how to govern and allows former government parties to refresh and gain perspective when in opposition, all while vying for electorate support. That competitive pressure is considered to be what keeps the political process healthy if not entirely honest. 

In other words, either one accepts the principle of the honest loss or one is anti-democratic. The April elections were honest and the HRPP lost–by a very small margin, but it lost nevertheless. Hence, for the HRPP the choice today is to be democratic or dictatorial. Unhappily, what is appears to be going on in Samoa is not an attempted coup by the FAST party after its victories in the April election and in the Supreme Court. Instead, it is a variation on an (attempted) “constitutional” coup carried out by the defeated HRPP.

That brings up the issue of force and outside intervention. The Samoan Police have surrounded the parliament grounds (where FAST are staging a sit-in), but it remains unclear as to who they are are loyal to. Perhaps under the circumstances we should be thankful that Samoa does not have a military. But if the Police are loyal to the Head of State (who is a former police officer as well as an ordained minister) rather than the Samoan Constitution, then the authoritarian “auto-coup” could be successful.

There is more. Under the terms of the 1962 Friendship Treaty signed between Samoa and New Zealand, NZ is duty-bound to come to Samoa’s aid in a time of crisis. As unpalatable that may be given NZ’s history with Samoa and however unforeseen this particular crisis may be, it falls within the scope of the Treaty. But its invocation depends on an official request from Samoa so the issue is who has the legal right to issue that request should they deem it necessary to do so.

Given the circumstances, a legal request can only come from the legitimately elected government that has Samoan Supreme Court sanction. That would be a FAST-led coalition. But it runs the risk of provoking large scale unrest between political factions if the Samoan Police side with HRPP and people decide to take matters into their own hands with street violence. That then raises the question of the nature of any NZ intervention if the Friendship Treaty is invoked. Given NZ-Samoan history, a minimal amount of force should be used, with the NZDF (if need be) only used in a support role for NZ Police intervention units.

Most importantly (and pressingly), diplomacy can avoid invocation of the Treaty and thereby help avert intervention. MFAT needs to be on the case now because it is quite possible that other foreign actors with vested interests in Samoa seize the opportunity to extend their influence in it by favouring one side or another in the impasse. So diplomatic urgency is required for three compelling reasons: 1) to avoid invocation of the Friendship Treaty as a means of resolving a political dispute; 2) to preserve Samoan democracy in the face of authoritarian resistance from within; and 3) to prevent extra-regional (and non-democratic) actors to influence how the political process plays out.

The Samoan diaspora can help in this regard by signalling support for democracy. Although Samoan expats cannot vote in their home elections (thanks to Tess Newton Cain for the head’s up), it would be helpful if expats voiced support for the political system rather than a partisan preference given a contentious outcome. That could assist in easing partisan and social conflict in their homeland.

At the end of today the new FAST majority was sworn into office by the Supreme Court in the Supreme Court building rather than parliament because they were locked out of the Folo by the Clerk and Speaker of the House, both HRPP minions. The farce–some say typical of recent Samoan politics– is now about symbolism rather than the substance of political change, as if the location of the investiture ceremony and who gets to sit where when it comes to exercising governmental authority matters for the exercise of elected sovereign power. To his credit, the sitting Police Commissioner has taken an agnostic stance about the political shenanigans and seems disposed to adhere to constitutional edicts and respect for the rule of law. If that is the case, no foreign intervention is necessary and Samoan bureaucrats do not need to look to a particular building for their instructions when it comes to the continuity of State business. All that is needed now for a peaceful transition that reaffirms Samoans commitment to democracy is for foreign governments to recognize the realty of the situation. Word to the wise: It is all over but the HRPP shouting, and the sooner that they shut up or are ignored, the better for Samoa things will be.

As is often said: time to move on. The next days will tell if Samoa takes a political step forward or backwards. Best then, to illuminate and encourage the path ahead.

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Between appeasement and confrontation.

The worm has turned when it comes to the relationship between the People’s Republic of China (PRC) and the West. Something has happened to sour the relationship beyond repair, and the strains are not limited to US-PRC, Australian-PRC or UK-PRC bilateral relations. Other countries, notably in the EU and Southeast Asia and including traditional rival India, have replaced two decades of offering warmth and goodwill with increasingly frosty and suspicious attitudes towards the PRC. That seems to be due to a combination of PRC militarism and belligerence in places like the South China Sea, Hong Kong, Taiwan and the Line of Control in the Himalayas separating it from India, but also as a result of Chinese sharp power influence operations in liberal democracies, its coercive trade diplomacy, ongoing Chinese cyber espionage, cyber theft and cyber warfare campaigns launched against a swathe of countries (including New Zealand), its dollar and debt diplomacy in Africa and South America where debt for equity swaps are accompanied by the colonisation by Chinese labor of critical infrastructure sites in countries lacking the resources to undertake large scale projects like port modernisation or power generation, and the adoption of “wolf warrior” diplomacy where insults and bullying have become mainstays of PRC diplomatic discourse, particularly but not limited to the issue of human rights and adherence to international norms.

With regards to the latter, in some cases Chinese behaviour is so egregious, such as stationing hundreds of fishing boats outside the marine reserve surrounding the Galapagos Islands or off the southeastern and southwestern coasts of South America and Southern Africa, often using the cover of night to poach in the Exclusive Economic Zones (when not territorial waters) of various countries, that countries otherwise prone to welcome the PRC as an antidote to traditional US or colonial power dominance have started to review their positions with regards to it.

The faith once placed in incorporating the PRC as a good global citizen into the community of advanced nations by admitting it into international organisations such as the World Trade Organisation and giving it leadership roles in others like the World Health Organisation and various UN agencies has not yielded the results that were hoped for. Instead, the errors of so-called modernisation theorists of the 1950s were repeated: rather than encouraging Chinese democracy by exposing it to “Western” values and helping expand its middle class on the back of increased international trade opportunities and the corresponding rise in material opportunities associated with it–something that was thought would lead to a better appreciation by and reproduction of democratic values by those emerging middle classes who would grow to see democracy as the political equivalent of the “free” economic market–under Xi Jinping the PRC has become more authoritarian, more state capitalist, more territorially expansionist, more normatively untrustworthy and more militarily bellicose. Instead of a global good citizen, it is now increasingly seen in the West as a very large bully on the world stage.

This does not absolve the US and various colonial powers of their histories. But it points to the fact that the thirty year period of relative inter-state peace after the end of the Cold War is coming to its conclusion. What lies ahead is unknown but it is likely to be marked by conflict of one sort or another or a combination thereof. The strategic postures of the US, UK, France and Australia all now explicitly identify the PRC as the primary military “peer competitor” (i.e. the enemy) that they must prepare to fight. Even NZ’s defense posture has shifted from unconventional warfare scenarios against irregular non-state actors to involvement in interstate conflicts (although the focus on peacekeeping operations remains). Reflected in defense procurement programs over the next ten years, the shift in war planning is answered by Chinese redoubling of its efforts to expand its fleet and improve the sophistication and size of its land and air-based forces. It also has renewed its bilateral military ties with Russia and courted the alliance of a variety of strategically important authoritarians regimes such as Iran and Turkey. It seems that it is only a matter of time before either by miscalculation, misperception or misadventure it will be involved in an armed engagement with a Western or Western-backed adversary, at which point the escalatory and expansionist potential of such conflict is limited only by the threat of nuclear war.

This puts small states like NZ between a rock and hard place. The diplomatic pressure is being felt in Wellington and Nanaia Mahuta’s speech to the China and New Zealand Business Council reflected the attempts to massage the stresses now apparent in its relationship with the PRC. The question is whether NZ can continue to employ its “softly-softly” approach in the face of the Western turn against the PRC and the latter’s increasingly acerbic responses to criticism of its actions at home and abroad. There can be little doubt that at this juncture if push comes to shove NZ will side with the West as a matter of values and principle. It has signalled as much and, with its commitment to diversifying its trade relations outside of the bilateral ties with the PRC, is setting the pragmatic grounds for doing so even if the short term costs of any deterioration in the relationship with the PRC proves onerous and wide-spread throughout the economy. But so long as the quarrel between Great Powers is limited to podiums and pens, then NZ can hope to finesse the contradictions in its strategic posture.

The answer on how to do so may lay in thinking of NZ’s position in the face of the US/West-PRC rivalry as a strategic balancing act in which the fixed points are appeasement versus confrontation and the slackline between the two is cooperation. The key is to find an equilibrium point along that line given specific issues and changing circumstances. There is plenty of common ground for NZ to serve as a honest broker and fair interlocutor when it comes to PRC-West relations even as it reaffirms its commitment to Western liberal values. Pragmatism and principle will undoubtably factor into the centre of gravity upon which to balance NZ foreign policy in that regard. The goal is to be nimble when demonstrating a desire to cooperate on selected issues given the competing demands by trade and security partners to appease or confront each other. Sometimes the equilibrium point may be closer to the PRC position, sometimes it will tilt in favour of the Western stance. They key to success lies in refraining from entering into broadly binding agreements or commitments and to adopt an issue-by-issue, case by case approach that serves to insulate any particular bilateral decision from the larger geopolitical struggles surrounding it.

That may turn out to not be feasible if the contending Great states do not accept NZ’s “siloed” approach and will not be a permanent foreign policy solution given the apparent inevitability of a Great Power stand-off in the medium term future. But it provides a means of finding the optimal equilibrium point on the diplomatic slackline that is NZs transitional position vis a vis China and the West until the new multipolar world system is firmly established.

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Facing facts.

The critical reaction of some conservative commentators and politicians about Nanaia Mahuta’s “Taniwha and Dragons” speech is focused on the double premise that NZ is “sucking up” to the PRC while it abandons its obligations to its 5 Eyes intelligence partners. Some have suggested that NZ is going to be kicked out of 5 Eyes because of its transgressions, and that the CCP is pulling the strings of the Labour government.

These views are unwarranted and seemingly born of partisan cynicism mixed with Sinophobia, racism and misogyny (because Mahuta is Maori and both Mahuta and PM Ardern are female and therefore singled out for specific types of derision and insult). Beyond the misinterpretations about what was contained in the speech, objections to Mahuta’s invocation of deities and mythological beasts misses the point. Metaphors are intrinsic to Pasifika identity (of which Maori are part) and serve to illustrate basic truths about the human condition, including those involved in international relations. As a wise friend said to me, imagine if a US Secretary of State was an indigenous person (such as Apache, Cherokee, Hopi, Mohican, Navaho, Sioux or Tohono O’odham). It is very possible that s/he would invoke ancestral myths in order to make a point on delicate foreign policy issues.

In any event, this post will clarify a few facts. First, on military and security issues covering the last two decades.

New Zealand has twin bilateral strategic and military agreements with the US, the first signed in 2010 (Wellington Declaration) and the second in 20012 (Washington Declaration). These committed the two countries to partnership in areas of mutual interest, particularly but not exclusively in the South Pacific. New Zealand sent troops to Afghanistan as part of the US-led and UN-mandated occupation after 9/11, a commitment that included NZSAS combat units as well as a Provincial Reconstruction Team (PRT) in Bamiyan Province that mixed humanitarian projects with infantry patrols. More than 3500 NZDF troops were deployed in Afghanistan, at a cost of ten lives and $300 million.

Similarly, NZ sent troops to Iraq after the US invasion, serving in Basra as combat engineers in the early phase of the occupation, then later as infantry trainers for Iraqi security forces at Camp Taji. More than 1000 NZDF personnel were involved in these deployments, to which can be aded the SAS operators who deployed to fight Saddam Hussein’s forces and then ISIS in Iraq and Syria after its emergence. There are a small number of NZDF personnel serving in various liaison roles in the region as well, to which can be added 26 NZDF serving as peacekeepers in on the Sinai Penninsula (there are slightly more than 200 NZDF personnel serving overseas at the moment). In all of these deployments the NZDF worked with and now serves closely with US, UK and Australian military units. The costs of these deployments are estimated to be well over $150 million.

The NZDF exercises regularly with US, Australian and other allied partners, including the US-led RimPac naval exercises and Australian-led bi- and multilateral air/land/sea exercises such as Talisman Saber. It regularly hosts contingents of allied troops for training in NZ and sends NZDF personnel for field as well as command and general staff training in the US, Australia and UK. RNZN frigates are being upgraded in Canada and have contributed to US-led freedom of navigation exercises in the South China Sea (against PRC maritime territory extension projects) and anti-piracy and international sanctions enforcement missions in the Persian Gulf. Among the equipment purchases undertaken during the last two decades, the NZDF has bought Light Armoured Vehicles, the infamous “LAVs” (or Strykers, as they are known in the US), Bushmaster armoured personnel carriers, C-130J “Hercules” transport aircraft, P-8 “Poseidon” anti-submarine warfare and maritime surveillance aircraft, Javelin anti-tank portable missiles and a range of other weapons from 5 Eyes defence contractors. In fact, the majority of the platforms and equipment used by the NZDF are 5 Eyes country in origin, and in return NZ suppliers (controversially) sell MFAT-approved weapons components to Australia, the US, UK , NATO members, regional partners and some unsavoury Western-leaning regimes in the Middle East.

After the estrangement caused by the dissolution of the ANZUS defence alliance as a result of NZ’s non-nuclear decision in the mid-1980s, a rapprochement with the US began in the aftermath of the 9/11 attacks. The 5th Labour government sought to capitalise on the moment and sent troops into Afghanistan and later Iraq using the cover of UN resolutions to deflect political attacks. That led to improved military-to-military relations between the US and NZ, something that has been deepened over the years by successive NZ governments. The intelligence relationship embodied in the Echelon/5 Eyes agreement was slightly curtailed but never ended even when ANZUS died, and gradually was restored as the main security partnership to which NZ was affiliated. Now the NZDF is considered a small but valued military and intelligence partner of the US and other 5 Eyes states, with the main complaints being (mostly from the Australians) that NZ does not spend enough on “defence’ (currently around 1.5 percent of GDP, up from 1.1 percent under the last National government, as opposed to 2.1 percent in Australia, up from 1.9 percent in 2019) or provide enough of its own strategic lift capability. The purchase of the C-130J’s will help on that score, and current plans are to replace the RNZAF 757 multirole aircraft in or around 2028.

The dispute over US warships visiting NZ because of the “neither confirm or deny” US policy regarding nuclear weapons on board in the face on NZ’s non-nuclear stance was put to rest when the Arleigh Burke-class destroyer USS Sampson (DDG-102) participated in the RNZN 75th anniversary celebrations in November 2016 after an agreement between the then National government and US Department of Defense on assurances that it was not carrying or using nukes as weapons or for propulsion. As if to prove the point of bilateral reconciliation, on the way to the celebrations in Auckland DDG-102 diverted to provide humanitarian support to Kaikura earthquake relief efforts after the tremor of November 14th (the week-long anniversary fleet review involving foreign naval vessels began on on November 17th). A Chinese PLAN warship also participated in the anniversary Fleet Review, so the message conveyed by the first official NZ port visit by a US warship in 30 years was made explicitly clear to the PRC.

The fact is this: the relations between NZ and its 5 Eyes partners in the broader field of military security is excellent, stable and ongoing. That will not change anytime soon.

As for intelligence gathering, NZ is a core part of the 5 Eyes signals intelligence collection and analysis network. Over the years it has moved into the field of military signals intelligence gathering as well as technical and electronic intelligence-gathering more broadly defined. More recently, in light of the emergence of non-state terrorism and cyber warfare/espionage threats, the role of 5 Eyes has been upgraded and expanded to counter them. To that end, in the last decade NZ has received multiple visits from high-ranking intelligence officials from its partners that have dovetailed with technological upgrades across the spectrum of technical and electronic signals intelligence gathering. This includes addressing issues that have commercial and diplomatic sensitivities attached to them, such as the NZ decision to not proceed with Huawei involvement in its 5G broadband rollout after high level consultations with its 5 Eyes partners. More recently, NZ has been integrated into latest generation space-based intelligence collection efforts while the focus of the network returns to more traditional inter-state espionage with great power rivals like China and Russia (we shall leave aside for the moment the benefits that the GCSB and NZDF receive from Rocket Lab launches of US military payloads but we can assume that they are significant).

As routine practice, NZSIS and GCSB officers rotate through the headquarters of 5 Eyes sister agencies for training and to serve as liaison agents. Officers from those agencies do the same in NZ, and signals engineers and technicians from 5 Eyes partners are stationed at the collection stations at Waihopa and Tangimoana. GCSB and SIS personnel also serve overseas alongside 5 Eyes employees in conflict zones like Afghanistan and Iraq. While less standardised then the regular rotations between headquarters, these type of deployments are ongoing.

5 Eyes also maintains a concentric ring of intelligence partners that include France, Germany, Japan, Israel, and Singapore. These first-tier partners in turn use their respective capabilities to direct tactical and strategic intelligence towards 5 Eyes, thereby serving as the intelligence version of a “force multiplier” in areas of common interest. One such area is the PRC, which is now a primary focus of Western intelligence agencies in and outside of the Anglophone world. This common threat perception and futures forecasting orientation is shared by the NZ intelligence community and is not going to change anytime soon unless the PRC changes its behaviour in significant ways.

For its part, the PRC has no such complex and sophisticated intelligence networks with which to avail itself. It has intelligence partners in North Korea, Russia, Iran and other small states, but nothing on the order of 5 Eyes. As a result, it is much more reliant on human intelligence collection than its rivals in the 5 Eyes, something that has become a source of concern for the 5 Eyes community and NZ in particular (as the supposed weak link in the network and because of its economic reliance on China, of which more below). While the PRC (and Russia, Israel and Iran, to name some others) are developing their cyber warfare and espionage capabilities, the fact is that the PRC continues to rely most heavily on old-fashioned covert espionage and influence operations as well as relatively low tech signals intercepts for most of its foreign intelligence gathering. If I read intelligence reports correctly, NZ’s counter-espionage and intelligence efforts are focused on this threat.

In a word: NZ is committed to the 5 Eyes and has a largely Western-centric world view when it comes to intelligence matters even when it professes foreign policy independence on a range of issues. That is accepted by its intelligence partners, so transmission (of intelligence) will continue uninterrupted. It is in this light that Mahuta’s comments about NZ’s reluctance to expand 5 Eyes original remit (as an intelligence network) into a diplomatic coalition must be understood. There are other avenues, multilateral and bilateral, public and private, through which diplomatic signaling and posturing can occur.

That brings up the issue of trade. Rather than “sucking up” to China, the foreign minister was doing the reverse–she was calling for increased economic distance from it. That is because New Zealand is now essentially trade dependent on the PRC. Approximately 30 percent of NZ’s trade is with China, with the value and percentage of trade between the two countries more than tripling since the signing of the bilateral Free Trade Agreement in 2008. In some export industries like logging and crayfish fisheries, more than 75 percent of all exports go to the PRC, while in others (dairy) the figure hovers around 40 percent. The top four types of export from NZ to the PRC are dairy, wood and meat products (primary goods), followed by travel services. To that can be added the international education industry (considered part of the export sector), where Chinese students represent 47 percent of total enrollees (and who are a suspected source of human intelligence gathering along with some PRC business visa holders).

In return, the PRC exports industrial machinery, electronics (cellphones and computers), textiles and plastics to NZ. China accounts for one in five dollars spent on NZ exports and the total amount of NZ exports to China more than doubles that of the next largest recipient (Australia) and is more than the total amount in value exported to the next five countries (Australia, US, Japan, UK and Indonesia) combined. Even with the emergence of the Covid pandemic, the trend of increased Chinese share of NZ’s export markets has continued to date and is expected to do so in the foreseeable future.

Although NZ has attempted to diversify its exports to China and elsewhere, it remains dependent on primary good production for the bulk of export revenues. This commodity concentration, especially when some of the demand for export commodities are for all intents and purposes monopolised by the Chinese market, makes the NZ economy particularly vulnerable to a loss of demand, blockages or supply chain bottlenecks involving these products. Although NZ generates surpluses from the balance of trade with the PRC, its reliance on highly elastic primary export commodities that are dependent on foreign income-led demand (say, for proteins and housing for a growing Chinese middle class) makes it a subordinate player in a global commodity chain dominated by value-added production. That exposes it to political-diplomatic as well as economic shocks not always tied to market competition. Given the reliance of the entire economy on primary good exports (which are destined mainly for Asia and within that region, the PRC), the negative flow-on effects of any disruption to the primary good export sector will have seriously damaging consequences for the entire NZ economy.

That is why the Foreign Minister spoke of diversifying NZ’s exports away from any single market. The only difference from previous governments is that the lip service paid to the “eggs in several baskets” trade mantra has now taken on urgency in light of the realities exposed by the pandemic within the larger geopolitical context.

Nothing that the Labour government has done since it assumed office has either increased subservience to China or distanced NZ from its “traditional” partners. In fact, the first Ardern government had an overtly pro-Western (and US) slant when coalition partners Winston Peters and Ron Mark of NZ First were Foreign Affairs and Defence ministers, respectively. Now that Labour governs alone and NZ First are out of parliament, it has reemphasised its Pacific small state multilateralist approach to international affairs, but without altering its specific approach to Great Power (US-PRC) competition.

The situation addressed by Mahuta’s speech is therefore as follows. NZ has not abandoned its security allies just because it refuses to accept the Trumpian premise that the 5 Eyes be used as a diplomatic blunt instrument rather than a discreet intelligence network (especially on the issue of human rights); and it is heavily dependent on China for its economic well-being, so needs to move away from that position of vulnerability by increasingly diversifying its trade partners as well as the nature of exports originating in Aotearoa. The issue is how to maintain present and future foreign policy independence given these factors.

With those facts in mind, the Taniwha and Dragon speech was neither an abandonment of allies or a genuflection to the Chinese. It was a diplomatic re-equilibration phrased in metaphorical and practical terms.

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Media Link: “A View from Afar” on NZ foreign policy independence reframed.

Nanaia Mahuta, NZ’s Minister of Foreign Affairs, gave a speech that was notable for two things. On the one hand she spoke of diversifying NZ’s trade relations away from the domination of one market (read: the PRC). On the other hand she expressed a desire to return the 5 Eyes signals intelligence collection and sharing network to its original charter rather than allow it to be used a diplomatic foil by the other partners in the network (which was brought about by a couple of critical 5 Eyes statements on events in the PRC). To be clear: the 5 Eyes is an intelligence network, not a diplomatic coalition or military-security alliance, so using it for diplomatic signalling and posturing is folly. Not only is NZ the most vulnerable of the 5 Eyes partners to Chinese retaliation, but the move to use 5 Eyes as a diplomatic tool was an initiative that came from a Trump administration that was uninterested in the complexities of the relations US partners maintained with China and very much interested in pressing the partners to bend a knee to Trump’s desire to squeeze China on all fronts.

In other words, it was an absurd and unnecessary initiative that complicated things for the spy agencies involved and undermined the positions of the diplomats who normally would conduct such types of public diplomacy. As it turns out, Winston Peters and Ron Mark of NZ First were the Ministers of Foreign Affairs and Defence at the time of the first US request to use the 5 Eyes to issue joint condemnatory statements about Chinese behaviour in Hong Kong and vis a vis the Uyghers in Xinjiang Province. They wanted to keep in the US good graces and so acceded to the request, something that Mahuta agreed to with regards to a second statement very early on in her tenure as Foreign Minister. But after very blunt warnings from the Chinese about NZ’s meddling in its internal affairs, it is clear that a more calibrated, balanced approach was required. Her speech delivered on that score.

It did so because it counterpoised the need to return to the original 5 Eyes charter with a declaration of intent with regard to diversifying trade away from the PRC. There is irony in the move because it was under the 5th Labour government where NZ’s trade dependence on the PRC was deepened and consolidated via the signing of a bilateral Free Trade Agreement (in 2008). Thus, while former PM Helen Clark may have played a role in getting NZ to push to restore the 5 Eyes charter due to her statement in September 2020 that NZ was losing its independence within it, she also was being rebuked for ignoring the concerns of many that the asymmetric nature of the NZ-PRC FTA would come back to haunt NZ on both the economic and diplomatic fronts.

The speech went on to reaffirms NZ’s foreign policy independence and its commitment to multilateralism, democratic values and a South Pacific orientation. Coming just before a visit by the Australian foreign minister, it served as a framing device for bilateral discussions. More generally, it helped re-frame how NZ proposes to approach the world over the next few years. The key issue will be how it implements, much less achieves, what is essentially a new balance in the conduct of NZ foreign affairs.

In any case, here is the podcast with Selwyn Manning on the subject.

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Principled, pragmatic or expedient.

For several decades under Labour and National-led governments New Zealand has claimed to have an independent (and sometimes autonomous) foreign policy. This foreign policy independence is said to be gained by having a “principled but pragmatic” approach to international relations: principled when possible, pragmatic when necessary. More recently NZ foreign policy has shifted from traditional diplomacy in which trade was a component part to a trade focused orientation to which all other aspects of diplomatic endeavour are subordinated. Seen as a marriage of belief in Ricardian notions of comparative (and now competitive) advantage with a pragmatic understanding that NZ is dependent on trade for its survival and prosperity, the “trade for trade’s sake” approach continues to reign supreme to this day.

It turns out that foreign policy pragmatism or principle may no longer obtain in certain instances, especially when trade is involved. Take the issue of NZ military-related exports. It has been revealed that NZ firms and (possibly) public agencies export everything from airplane parts to small arms, explosive ordinance, training simulators, muzzle flash suppressors, missile guidance systems and artillery range finders to 41 countries and territories. (The term “possibly” is used here because all of the NZ exporting entities are redacted in the export list made public by MFAT. While some private exporters can be broadly identified by the nature of the items sold, other special license categories make ambiguous the provenance of the equipment in question).

Most of these exports go to NATO members and other liberal democracies, while other recipients are regional partners like Singapore, Malaysia , Australia, Tonga and Indonesia. The bulk of what is exported is what might be considered to be on the soft rather than sharp end of the so-called “kill chain:” items that do not impart lethal force directly but which contribute to the accuracy and lethality of weapons systems that do.

None of this would be controversial if it were not for the fact that some of the recipient countries have checkered human rights records (like Indonesia) while others have outright dismal histories of authoritarianism and military criminality. That includes Saudi Arabia, the United Arab Emirates, Turkey, and the PRC. Saudi Arabia and the UAE lead a coalition of Sunni Arab states that have been credibly accused of committing war crimes and genocide against Houthi populations in Yemen. Saudi Arabia does not recognise the Universal Declaration of Human Rights (the UAE was not party to the UDHR vote) and along with the UAE does not recognise a number of human rights conventions involving women’s rights, labour rights, political and social rights. Malaysia, Singapore and Indonesia also are not party to the UDHR and while not as dismal as the Sunni oligarchies, have subpar records when it comes to adhering to international human rights norms and agreements. NZ exports military training material to the PRC, whose human rights history is known for all the wrong reasons. There are other dubious recipients but the issue is clear. In spite of claiming to be a champion and defender of human rights as a matter of principle, NZ exports military equipment to egregious violators of human rights both at home and abroad.

Some will argue that NATO members and other democracies like Australia also violate the laws of war and human rights in their own territories. There is merit to those arguments. But the difference between Australia, Canada, the UK and US and, say, Saudi Arabia and the UAE when it comes to military conduct in conflict theatres is that war crimes committed by the forces deployed by liberal democracies are exceptions to the rule and are punished (even if initially covered up) rather than systematically encouraged and later denied. Domestically, while systemic racism clearly exists throughout the liberal democratic world, it is no longer genocidal in nature even if in previous eras there was a significant element of that.

Conversely, places like the PRC systemically abuse human rights at home, deny individual and collective rights as a matter of course and treat ethnic and religious minorities as if they were foreign enemies. Turkey has grown increasingly authoritarian under President Erdogan, with its treatment of its Kurdish minority a particularly black mark on its record. The UAE and Saudi Arabia are known for their mistreatment of foreign workers, Shiia Muslims in particular but not exclusively. Jordan and Bahrain, other recipients of NZ strategic license exports, are Western allies but not known for their adherence to human rights conventions.

Even Israel, a supposed liberal democracy and a Western ally that is another recipient of NZ military-related exports, systematically violates the rights of Palestinians inside and outside of its recognised territorial limits, including targeting of civilian populations during times of conflict (in Gaza) and forcibly annexing Palestinian territory (in the West Bank) as part of an expansionist doctrine that seeks to eventually expel Palestinians from what they and Israelis consider to be their homelands. Within Israel, in spite of recent electoral gains by so-called “Arab” (Joint List) parties, Palestinians are more often seen and treated as a subversive fifth column rather than full citizens (Arabs make up around 20 percent of the Israeli population).

Most liberal democracies simply do not act this way. The West may be guilty of many things, particularly during the colonial era and Cold War, but even if flawed most liberal democracies at a minimum pay lip service to the rule of law based on civil liberties and human rights at home and abroad. A fair number of the recipients of NZ strategic exports in recent years make no such pretence.

None of this would matter if NZ had a realist approach to foreign policy that was completely pragmatic in orientation based on national self-interest. Matters of principle would not factor into foreign policy-making and trade relations. But that is not the case. Instead, NZ is a very vocal defender of small state and minority rights in the international community as an extension of its championing of international human rights, international norms and the rule of law. That makes trading with authoritarians somewhat hypocritical and exporting military equipment to murderous regimes downright reprehensible. Especially when done for a buck–that is, for the profit gain of NZ private firms.

To be clear, almost any hunting-related equipment can be converted for dual use military purposes. But there is much more to the NZ export list (released by MFAT to a couple of investigative reporters under OIA requests) than converted hunting equipment. It also is interesting that most of the redactions in the sanitised export list are justified on commercial sensitivity rather than national security grounds. If items were merely dual use conversions from hunting equipment, one would think that there are little commercial sensitivities involved given the global scope of the hunting industry. Nor are end users always identified on the list, which makes MFAT assurances that it knows what is ultimately being done with the exports somewhat disingenuous. Either it knows and does not want to say or it does not know even though it allowed the export license request for those items to be approved.

Consider this example. MFAT approved the sale of a general utility aircraft from a Hamilton-based aerospace company (now bankrupt) to a PRC-based aviation firm in spite of numerous concerns about the end use of that aircraft. A year or so after the sale went through the plane was photographed at an airshow wearing North Korean military livery, sparking an investigation into how international sanctions on North Korea were circumvented in the process (the sanctions violation was considered a first order offence given the military use of the aircraft). In the legal process that followed, which resulted in the conviction and fining of the Hamilton firm for violating the international sanctions regime and NZ strategic export requirements, MFAT admitted that it had no clue as to who the end user might be beyond the PRC firm that, incidentally, owned a half interest in the Hamilton company and controlled its board of directors. In other words, it took the exporter’s word as an article of faith and as a result contributed to an egregious violation of UN sanctions that NZ voted to support. Diplomatically speaking, that tarnished NZ’s reputation because neither principle or pragmatism, much less due diligence, was applied to the sale.

Even training equipment has to be considered in proper context. Artillery range finders used for training purposes (which MFAT claims was the case with Saudi Arabia) are being used to train artillery for war, not fun and games. Saudi artillery is regularly used in the Yemen civil war, so it a stretch to say that exporting equipment that trains troops to be more accurate with their artillery fire is not related to the Yemeni conflict. Likewise, even if small in terms of numbers and monetary value, exporting sidearms and squad weapons to human rights violators ignores the fact that they could be used against domestic populations and foreign civilians as well as foreign adversaries.

Again, none of this would be of concern if NZ did not proclaim itself to have an independent foreign policy based on principle as well as pragmatism. If it was a country powered by a military-industrial complex such as the US, it would all be in a day’s business to export military equipment to assorted nefarious regimes. But not so NZ, which has staked its international reputation on being an agent of honest virtue–a good global citizen, as it often says.

The truth is different. If NZ was truly independent it could resist the pressure to act as a cut-out or front for its allies’ military-related services (say, by not allowing the national airline to serve as a sub-contractor for the reconditioning of Saudi Navy gas turbines usually serviced by US Navy contractors). It could pick and choose about when to be principled and when to be pragmatic when it comes to military-related exports (say, by exporting to NATO or liberal democratic partners only). After all, although clearly lacking any basis in principle, it is really pragmatic for NZ to sell the Saudis and Emiratis military equipment when they are involved in industrial-strength war crimes in pursuit of a genocidal campaign in a neighbouring country? Will the diplomatic benefits of courting such states outweigh the costs of making its rank hypocrisy visible to the rest of the international community?

In a past life I was involved in the decision-making chain involved in US military sales and training, etc. to Latin American countries. The primary criteria for vetting military equipment and training requests was twofold: the nature of the equipment or training requested and the character of the political regime (government) making the request. If the equipment or training was too sensitive or excessively lethal and/or the regime doing the requesting was of dubious disposition, then the request was denied. If the decision was anything other than an outright “no” on the primary grounds, then other criteria was applied: state of trade and diplomatic relations with the requesting state, the geopolitical balance in the (sub) region in which that state was located, the possibility of a domino proliferation impact, the presence of other foreign weapons suppliers as substitutes for US exports, etc. Once all of this was factored in with input from the various elements of the inter-agency consultation process (involving the State Department, CIA, NSC, Treasury, Commerce and other federal agencies with a potential stake in the matter), sometimes after sounding out other countries in the region about their reactions, a recommendation was sent to the White House for approval/denial. If the White House approved the sale/mission, then the recommendation was sent to Congress for approval, something involving several committee votes and then a general vote in both Houses. The process was slow and circuitous but in the end it was comprehensive and transparent.

Although it is possible that there are similarly robust weapons exportation strategic license vetting protocols in place in NZ, that does not seem to be the case. MFAT appears to make the call, perhaps after consultation with DPMC and/or Cabinet. Parliament is not involved in the decision-making process. No public notification is made. In other words, the entire NZ strategic export licensing regime is opaque at best. You can read the official criteria here.

MFAT says that the vetting process is rigorous and that it knows exactly where NZ sourced military equipment winds up. Yet it has only denied one out of 254 special export license requests in the last three years (to the Saudis for mortar stands and fire control (observation tower) equipment, supposedly in response to the Khashoggi murder). If foreign policy principle were involved, one might expect that the approval rate would be somewhat lower for authoritarian-ruled countries. But if pragmatism and trade are the criteria in play, does it make sense to supply murderous regimes with any kill chain components? Or is the fact that the entire decision-making process for granting special export licenses is so opaque that MFAT and the suppliers thought that they would never be found out if it were not for the good work of a couple of intrepid reporters?

More than principle and pragmatism as guideposts for foreign policy, it seems that trade-promoting expediency is the new normal in NZ foreign affairs, something that continues under the Ardern government. But with expediency comes a loss of independence and autonomy as well, because among other reasons, states with their own agendas can use NZ’s trade zealotry as third party cover for transactions they themselves may be reluctant to admit publicly (even the US has suspended weapons sales to Saudi Arabia because of its behaviour in Yemen). Or authoritarians can hold non-military trade relations with NZ hostage to the provision of military equipment. Either way, that makes NZ a foreign policy tool of others rather than an honest broker in international relations and global good citizen.

Just like the fact that NZ’s “clean and green” image is more myth than reality, the foreign policy reality is that at least when it comes to trading in the paraphernalia of death, NZ is unprincipled, hardly pragmatic and dominated by logics of trade expediency rather than a commitment to the upholding international human rights. While it would be too much to expect a National-led government to put principle before trade expediency, that this continues to occur under a Labour-led government (in which the Prime Minister claims that she was unaware of the strategic export recipient list until asked about it by the media) is all the more outrageous given its constant repetition of the “independent, principled but pragmatic” foreign policy mantra.

If NZ is to regain a semblance of integrity in diplomatic circles, its foreign policy decision-making matrix must change away from trade obsessed expediency and towards the principled but pragmatic orientation that grants it the independence that it claims to have. Conversely, if it wants to put trade before everything else, then it might as well fess up and open up the country’s foreign policy to the highest bidder.