Showing posts with label sis. Show all posts
Showing posts with label sis. Show all posts

Tuesday, October 30, 2012

Manning film strips away the secrecy around the Zaoui 'espionage' case

BEHIND THE SHROUD, Selwyn Manning's long awaited documentary about "intelligence, espionage and counter-terrorism", is now available on DVD and public screenings are being planned. The Pacific Media Centre plans a showing early next year. The 105min documentary film is investigative, participatory, independent and "gritty in style".

It examines the Ahmed Zaoui case. The film analyses why in 2007, after years of the New Zealand government stating the refugee Algerian theologian and teacher to be a risk to the nation's security, the Inspector-General of Intelligence and Security, Justice Paul Neazor, found in Zaoui's favour and set him free.

As New Zealand filmmaker and journalist Manning says, the documentary "unearths information that has been cloaked in secrecy". The research and preliminary version of the documentary was produced while the filmmaker was completing his Masters in Communication Studies at in collaboration with the Pacific Media Centre at AUT University. It also provides insights into French intelligence policy and the Pacific. Manning is lead co-author of the book I Almost Forgot About the Moon about the Zaoui case:

Behind The Shroud takes the viewer on a journey into that shadowy world of spies and espionage, and resolves the mystery of the Zaoui case through interviews with key players in the great game, including two secret witnesses who each testified at the Inspector-General's hearings into the Zaoui case in Auckland in 2007.

The two secret witnesses are: Lieutenant Colonel Mohamed Samraoui, the Algerian regime's former head of intelligence and counter-espionage based in north Europe; and Professor George Joffe, an academic from Oxford and Cambridge universities - a renowned expert on north Africa affairs. Both men now speak publicly for the first time about how and why Zaoui was framed by the Algerian regime.

Mohamed Samraoui is a protagonist of sorts and is presented as the officer tasked by his superiors to create a cloak of disinformation around Zaoui. He outlines why as an officer of the DRS (Algeria's secret intelligence service) he "disempowered" Zaoui and other members of Algeria's opposition political parties so as to render them ineffective threats to the military regime.
Behind The Shroud also presents other experts who offer exclusive accounts, each giving a unique view on how the Zaoui case has become a precedence-setting case-study into whether it is proper for governments to rely on intelligence information in judicial process and practice.

These experts include: Lieutenant Colonel Andrew Wilkie, a former Australian Defence intelligence officer and intelligence adviser to former prime minister John Howard; Dr Paul Buchanan, a former security analyst to United States intelligence/security agencies;Superintendent Gerry Cuneen, New Zealand Police's former head of its criminal intelligence unit; Matt Robson, former associate minister of foreign affairs; and others.

Their testimony confronts unanswered questions that have lingered since late 2007 and explains why the New Zealand government suddenly set Zaoui free, inviting Zaoui and his family to enjoy their liberty as legitimate refugees in New Zealand.

The documentary concludes with a thought-provoking critique of New Zealand's intelligence apparatus and paves the way for a debate into how New Zealand can move to ensure the Ahmed Zaoui case is not repeated.


Behind The Shroud is being distributed for selected film festival release.

Friday, August 14, 2009

More zzzzz over cagey 'open file' SIS spooks

JANE KELSEY’S recent welcome reality check on the so-called SIS “openness” files has sparked renewed concerns over the state of the surveillance society in New Zealand. Earlier in the year, the focus had been on activists getting a fair deal. Now the academics are also up in arms over the Security Intelligence Service’s inept prying into critical thinkers on campus. Calls have been renewed for a commission of inquiry reviewing the activities of the Security Intelligence Service, a move strongly supported by Café Pacific.

Many activists, academics, civil society stirrers and some journalists have applied for copies of their SIS files. But the period of “glasnost” ushered in by new SIS director Dr Warren Tucker, including release of personal information under the Privacy Act, has been shortlived. After a relatively brief stint of “open file” revelations in the media from surveillance subjects – some such as CAFCA (the only organisation to have had a file released), Green MP Keith Locke and human rights activist Maire Leadbeater were featured on Café Pacific – the inevitable chill wind has swept through espionage house. Many people are now receiving “neither confirm nor deny” responses about their SIS file, claiming the release of this information would prejudice national security. It is believed neither-confirm-nor-deny responses apply to still active files. Café Pacific’s publisher David Robie has received one of these letters (dated June 5) from the SIS after an earlier fob off in April, possibly over his close connections with independence movements and radical groups in New Zealand and the Pacific in the 1980s as a journalist.

The Global Peace and Justice Auckland group plans to hold a meeting next week for those who applied for their SIS files to discuss issues around the controversy. GPJA’s Mike Treen and John Minto noted: “As the number of people seeking information has increased so the amount released from each file has decreased. Some people have been refused access altogether while others have been told the SIS will neither confirm nor deny the existence of a file on them.”

The Tertiary Education Union (TEU) distributed a media release protesting against academics being spied on for simply doing their jobs. The union’s response followed a public condemnation of the SIS and the Privacy Commission by Jane Kelsey, a law professor of the University of Auckland and a high profile independent critic of free-trade policies, including New Zealand “bullying” of small Pacific nations over PACER-Plus. TEU president Dr Tom Ryan says:
We cannot afford to have a society where the SIS is spying on academics who are simply doing their job. News that a highly-respected University of Auckland professor of law, Jane Kelsey, has been spied on by the SIS because of her professional work is intimidating for all academics.

Our democracy will be weakened if tertiary researchers and teachers are scared off from questioning official policies in their own fields of expertise. But that seems to be exactly the outcome the SIS was aiming for with its long-running campaign against Dr Kelsey.


A chilling aspect of Dr Kelsey’s case is that the SIS appears to have been spying on her simply because of her views on our country’s economic and trade policies rather than any real concern that she might pose a physical or military risk. And much of the spying appears to have occurred in her university workplace.
New Zealand Herald columnist Brian Rudman scoffed at the SIS files furore, adding that in spite of "unmasking a fellow student as a spy" during his Auckland University days, he had never risked writing to Spy Central" when they "first offered to open their filing cabinets to the paranoid, and to anyone else who suspected the spooks might have been trawling for dirt on them over the years". On a more serious note, Kelsey’s own web-based background resource around the “open files” issue observes:
The SIS has a long history of spying on academics. The file of economist Wolfgang Rosenberg dates back 50 years, and includes comments he made in the common room and his applications for academic jobs. Recent files of several other academics focus on lawful activities undertaken in the course of their employment as academics, such as giving lectures, participating in conferences and convening meetings on university campuses. Various Students Association groups and activities have also been monitored.

Wednesday, March 11, 2009

Declassified - the SIS spies and Philippines Solidarity

By Maire Leadbeater

The SIS papers suggest a high level of Security Intelligence Service infiltration and surveillance of the Philippines Solidarity Movement of Aotearoa.

FOR ME, the most disturbing material in my recently declassified NZ Security Intelligence Service (SIS) file is that relating to my involvement in the Philippines Solidarity Movement in the latter half of the 1980s and the early 1990s. The documents, taken with others such as those released to my brother Keith Locke, Green MP, and former Philippines Solidarity Network national coordinator, suggest a high level of SIS infiltration and surveillance of the movement.

The New Zealand Philippines Solidarity Network was launched at a highly successful Conference on Philippine Concerns in August 1984. A key driving force behind the initiative was the late Father John Curnow, a visionary leader in the Catholic Commission for Evangelisation, Justice and Peace, who had visited the Philippines many times since 1971. From the start, the network had roots in the union movement and support from the Labour Party hierarchy, but many key activists were drawn from the ranks of the (since disbanded) Workers Communist League (WCL).

Why were we a magnet for SIS attention?
The 1988-89 Peace Brigade was perhaps the most ambitious project of the Philippines Solidarity Network in that time, and arguably one of the most effective. There were many other New Zealand delegations visiting the Philippines and important tours of prominent Filipinos to this country which also interested the spies, but the Brigade serves as a good case example to help understand why we were the focus of such close attention.

Keith drew the short straw back then – he organised our 17 strong team and journalist David Robie to accompany us, but then stayed back to handle the media response in New Zealand. I made my first unforgettable visit to the Philippines as the leader of the team. The Peace Brigade (or Peace Caravan as it was dubbed in the Philippines) was designed to offer international guests from 18 countries an “exposure” experience to learn more about the struggle against foreign military bases and other linked campaigns for human rights, labour rights and land reform. The programme culminated with the Asia-Pacific Peoples Conference on Peace and Development and a two-day peace caravan to protest at two major US bases: Subic Naval Base and Clark Air Force Base.

Earlier in 1988, Ministry of Foreign Affairs officials warned Keith of the safety problems of organising visits to the Philippines and the Labour government’s Associate Foreign Affairs Minister, Fran Wilde, even suggested that such visits could amount to “foreign intervention in domestic affairs”.[1] It is fair to assume that there was a two-way flow of information and intelligence between the two governments concerning our activities.

To the casual observer we must have seemed an unlikely combination of people: some of our group were peace activists of long standing but many in the group were quite new to political activity and our ages ranged from 17 to 73. No matter, we were subjected to Red scare propaganda even before we arrived. A letter from the Philippines Embassy’s Consul-General, Apolinaria Cancio, received by tour organiser, Keith Locke, just prior to our departure advised that if we violated any of the terms of our visas we would be arrested and deported. We were specifically warned not to take part in any “teach-ins”, not to contact any leaders of the banned Communist Party of the Philippines, or to incite people to commit sedition. Unlike the delegations from other countries, we were all searched at Manila Airport and some of our newsletters and documents were seized.

Not long after our arrival in the country, the Manila newspapers carried stories alleging that the Peace Brigade was interfering in the country’s affairs. The Chief of the Philippines Constabulary, General Montana, said we would “be treated like common criminals and paedophiles” if we stepped out of line. But, I think the threats merely served to ensure that we were especially determined to participate to the full in the Brigade programme and wear with pride the “Peacenik” name the Philippine media conferred on us.

The international delegates were allocated to small teams for local exposure missions, each with its own Filipino guide. Our guide was Del Abcede (who later became a member of PSN in New Zealand). Journalist David Robie was also attached to our team. Our group went to militarised Mindanao. We spent the first few days in Cagayan de Oro, where we took part in peace rallies and seminars, but left for Bukidnon after military police came knocking on the door of our guest house. In Bukidnon, we stayed in the simple dwellings of the families inadvertently in the front line of a counter-insurgency war. One night we camped out with a large group of displaced people – they had been forced off their land by military operations and were trying to get the local authorities to take some responsibility, but in the meantime their children were succumbing to sickness and their food was running out.

Embarrassing governments in Philippines and NZ
I had asked to visit Bukidnon, Mindanao, because it was the site of New Zealand’s major aid project to the Philippines at the time, the Bukidnon Industrial Tree Plantation. The project had attracted criticism locally on account of the failure of the project managers to consult effectively with the local Lumad tribal people, the impact of the project on ancestral land claims and the likelihood that the forestry infrastructure would be used by the military to tighten their grip in the area. Our hosts arranged meetings for us from the local Governor, barrio captains, tribal leaders and local householders. Our visit stirred controversy in the Philippines and anger back home - especially from then Associate Minister of Foreign Affairs, Fran Wilde, who later tried to discredit two Lumad tribal leaders while they were making a speaking tour of New Zealand.

While in Bukidnon we also interviewed a number of people about a secret base believed by NZ peace researcher Owen Wilkes to be a “scorekeeper” base designed to detect and record nuclear explosions. We were not able to visit the heavily guarded base but later at the Manila Conference the claims about this base caused a major media stir.

After the exposure we all took part in the Manila Conference, and then in a two-day caravan or convoy which ran the gauntlet of heavily armed military barricades and checkpoints to protest at the giant US Subic Naval Base and Clark Air Base. We never quite made it to Subic, but took part in an all night vigil and concert outside Clark. It would be hard to understate the strategic significance of the Clark and Subic, they were sited to ensure US control over the choke points between the Indian and Pacific Oceans, and served respectively as headquarters for the US 13th Air Force and a key port for the US 7th Fleet. The bases had served as springboards to intervention in South East Asia (Vietnam, Korea and Thailand) and further afield to Iran and Yemen. At the time their role was seen as essential to preserving strategic superiority over the former Soviet Union in the region.

For me the brigade was a life changing event, perhaps because it was the first time I experienced at first hand the power of a mass peoples’ movement of resistance. The comprehensive network of “cause oriented” groups such as Gabriela and Nuclear Free and Independent Philippines, the workers, peasants and student coalitions worked in unison to ensure the success of all our activities. When I look back on it must have been some kind of miracle that we achieved all that we did, making it through eight military checkpoints to take up position outside the Clark base. As we prepared to depart we international delegates took part in a media conference where we condemned the military repression we had witnessed.

The US bases not only placed the Philippines as a future flashpoint for nuclear conflict, but they also represented US intervention in the wider sense. The US declared the Philippines independent in 1946, but the presence of the bases was seen as a strong signal that colonial control had not ended. Getting rid of the bases was seen as an essential part of regaining Filipino sovereignty over an economy dominated by US transnationals.

It was all a Communist plot, apparently
The Cold War was still very much intact and in the Philippines, the dictator Marcos had fallen but his successor, Cory Aquino, presided over a military-backed government with only a thin veneer of democracy. Those calling for genuine social change, land reform, labour rights and an end to human rights abuses lived daily under threat of arbitrary arrest or worse, and “Red-baiting” was an essential tool in the regime’s armoury.

On the other hand the civil war between the Government backed by vigilante squads and the Communist New Peoples’ Army (NPA) was ongoing in the rural areas of most provinces, and in some quarters the possibility of a full-scale revolution, or another “Vietnam” was contemplated. The Philippines was in the sights of extreme Rightwing groups such as the World Anti-Communist League (WACL) and it was widely reported that the US Central Intelligence Agency (CIA) was supporting covert actions against the NPA. The US was determined to retain its bases in the Philippines, beyond the lease expiry date of September 1991, as an essential element of its ability to project its power into the Indian Ocean and the Persian Gulf.

If you were around in the 1980s when New Zealand’s nuclear free stand was under vociferous attack, you would remember that there was a plethora of Rightwing think tanks, foundations and anti-Communist organisations that worked closely together. Their agenda was to sow fear of the dire consequences of the “ANZUS crisis” which could leave us open to “Soviet political manipulation”. Naturally these institutions, like the Hoover Institute and Heritage Foundation focused on the Communist threat in the Philippines, and so it was to be expected that this anti-Communist hysteria would not spare New Zealand-Philippines links. In December 1988, not long before our tour began, New Zealand’s Ambassador in the Philippines had to defend a simple aid project about sewing machines because the charity funded, Samakana, had a connection to the women’s organisation Gabriela, declared by some to be Communist affiliated.[2]

Red-baiting NZ media cooperated with SIS
There had also been some rather lurid headlines in the New Zealand Sunday papers about New Zealanders spending time with the NPA during their solidarity visits to the Philippines: “Guerrilla Thrill Trips: Kiwis pay to join Filipino jungle fighters” [3]. When we returned from the Philippines, journalist Bernard Moran, who was becoming a regular at Rightwing conferences on the Communist threat, gained some new ammunition to use in vitriolic articles in the former Catholic paper New Zealand Tablet. He had previously written of a Communist conspiracy that was driving church aid projects in the Philippines. The piece he wrote about our Auckland meeting to report back on the Brigade was a distorted account that zeroed in on the presence of “Trotskyites” and their subversive literature in the sacred confines of the St Benedict’s Church crypt.[4]

It is clear from the SIS documents that the late John Kennedy, the editor of the Tablet, passed information to the SIS. One such report included detailed information about the finances, and the political affiliations of Philippine Solidarity Group (PSG) members in Auckland and Wellington.[5] Bernard Moran also submitted an article in early 1987 to the Washington-based journal National Interest in which he wrote (not very accurately) about me. Flatteringly he dubbed me a “pivotal person in the NZ peace movement”.[6] Fortunately, the “Red-baiting” articles were far outweighed by key articles by David Robie who was then working freelance and had many Philippines articles accepted by the mainstream media (nationally and regionally). He continued to cover the Philippines political situation, human rights issues and the bases debate over the next few years.

SIS spies in meetings in all main centres
Hardened activist that I am, I confess to being shocked to discover the extent to which there were “sources”or SIS spies present at many of the meetings of the Philippines Solidarity Groups in Christchurch, Wellington and Auckland. Bear in mind the context that these were generally small, relatively informal meetings held frequently in the homes of activists. National meetings which were often held in a relaxed marae setting are also reported on in detail.

This of course raises the question about the extent to which our SIS was passing on information to counterparts in the Philippines, and perhaps using information gained from the Philippines to refine their surveillance of us. There is no direct proof of this as communications from or to other intelligence agencies have all been excluded from the released information. Every broad social justice movement, such as the anti-nuclear movement or the anti-apartheid movement, has participants from a range of Left parties. Most of us are glad to harness everyone’s energy for the common cause but that is not how the SIS sees the situation!

The Left affiliations of those present at meetings and seminars were all carefully recorded. Tellingly, John Curnow is recorded as warning at a Christchurch Philippines Solidarity meeting that people should not make jokes about supporting the New Peoples Army. “He, himself, had been interviewed a couple of times by the SIS, who tried to tell him he was being hoodwinked by the WCL”. [7]

Tracking visitors to both countries
The SIS also did its best to monitor all visits of New Zealanders to the Philippines – listing all the full names and dates of birth of members of the Peace Brigade after they had obtained their visas.[8] My return flight times are also included in a much later handwritten note[9] with the comment: “There is no trace of any travel during 1990”. SIS Headquarters also supplied a list of Filipino visitors to New Zealand since 1984. The names on the list have been withheld but the rationale is interesting:
It is as comprehensive as our records will allow. It was compiled because of the frequency of such travel, the number of visitors with National Democratic Front (NDF*) or New People's Army (NPA) traces, and, lastly because of the growing links between anti-nuclear groups and indigenous peoples of both countries. We had hoped to carry out a similar study of New Zealanders travelling to the Philippines but owing to the volume of travel and the difficulty of keeping track of their movements, this has not proved to be feasible. Instead we have concentrated on a few individuals who have established good links with the Philippines and who appear to be regarded as valuable contacts by the Filipinos themselves. [10]
Sometimes the sources were rebuffed: “We were unfortunately unable to have source coverage of the PSNA hui on 27-28 September 86”. So the SIS mounted surveillance to record some of the comings and goings but only three vehicles were seen to enter the venue and one female cyclist “aged about 35 with black hair”. The only other thing to note was that one of the participants came out on Sunday morning at 0900 hours “to purchase a newspaper from the local dairy and walk around the block for about 15 mins”. This man was “sporting a full beard and has had his hair permed. He was accompanied on his perambulations by a male aged about 25-30, dark hair, pale complexion”. [11] By the time of the 1990 Lumad tribal and Touching the Bases tours (six Filipinos participated in the latter), it seems that SIS interest was waning, as reporting is sparse.

The lessons? I don’t think any of this covert activity had an adverse effect on the powerful international anti-nuclear campaign for the US bases in the Philippines to be closed. In 1991 the Philippines Senate voted against a treaty allowing the United States forces to remain for a further 10 years. The Mount Pinatubo volcanic eruption that year effectively ended the life of the Clark Air Force Base and in March 1992 the last carrier group pulled out of Subic Bay.

The Philippines solidarity movement in this country declined in strength for a few years, until Murray Horton (who was also a Peace Brigade stalwart) and the Christchurch group took over the national coordination task. Now, it is good to see that the network is growing again and focusing on the new US “integrated global presence and basing strategy” as well as on the appalling human rights and poverty situation.

Lessons for future security in our movements?
Of course we should not forget the possibility that any movement for social change can be infiltrated whether by the SIS or possibly the police. But it would be counterproductive to let this get in the way of free communication or make us less welcoming to new members. The publicity around the release of SIS files to many veteran activists has given a new opportunity for a campaign against all spying on social justice and political activists of all stripes. The United Nations’ Universal Declaration of Human Rights guarantees to all of us the right to “freedom of opinion and expression … and to seek, receive and impart information and ideas through any media and regardless of frontiers”.

Notes
1 Dominion Post, 8/5/88
2 Dominion Sunday Times, 21/2/88
3 Sunday Star, 8/5/88
4 Metro, July 1989, “Bernard Moran and Communist Conspiracy”
5 SIS District Office Southern District to Headquarters, 27/5/86, Keith Locke file
6 SIS District Office Northern District, Original on Bernard Andrew Moran 27/4/87, extracted/copied by (name withheld), on 28/5/87, Maire Leadbeater file
7 NSIS District Office Southern District to Headquarters, 8/6/90, Maire Leadbeater file
8 NZSIS 9/1/89, Maire Leadbeater file
9 NZSIS 7/12/90, Maire Leadbeater file
10 Headquarters (Counter-Subversion) to District Office Northern District & District Office Southern District 10/8/88, Keith Locke file
11 NZSIS District Office Southern District to Headquarters, 9/10/86, Maire Leadbeater file


* The National Democratic Front is the political coalition of underground groups waging the armed struggle, including both the Communist Party of the Philippines and the New People’s Army.

This article was written for Kapatiran, the newsletter of the Philippines Solidarity Network of Aotearoa, under the title "The SIS and the Philippines Solidarity Movement". At the time of these events, human rights author Maire Leadbeater was a leader of PSNA and she is now a spokesperson for the Indonesia Human Rights Committee. This article is republished with her permission. The photo of Maire and Café Pacific publisher David Robie is by Del Abcede.

Thursday, March 5, 2009

NZ spooks exposed by Asia-Pacific campaigners

ASIA-PACIFIC civil society and activist movements have been among targets of New Zealand’s spook organisation for more than four decades and the media has failed to ask the tough questions, say campaigners. Murray Horton, secretary of the influential Campaign Against Foreign Control of Aotearoa (CAFCA) and described as “the last radical” in a Christchurch Press profile, gave a devastating critique of the so-called “SIS files” at a packed Pacific Media Centre seminar this week.

Maire Leadbeater, spokesperson for the Auckland-based Indonesian Human Rights Committee and long a leading peace activist, described the infiltration of the Philippine Solidarity Network by informers leaking information to the NZ Security Intelligence Service (SIS). She also spoke about the problems caused by this espionage to a multinational “peace brigade” which travelled to the Philippines in 1989 during the post-Marcos period. The seminar followed recent revelations which showed the SIS had been spying on peaceful citizen groups ever since the Cold War. In Maire’s case, she had been spied on since she was aged 10. Her brother Keith Locke, Green MP and spokesperson on international and Pacific affairs, has also been spied on - since he was elected to Parliament.

The extent of this espionage was exposed when several people in the activist movements requested access to their supposed files – reportedly bound for the archives – in a new period of “transparency” opened up by the Director of Security Dr Warren Tucker.

Murray Horton was particularly scathing about the non-role of the Fourth Estate over the SIS papers, although once the issue became highlighted by the Press, many other journalists jumped to the task. It is also unclear whether selected journalists themselves might have been targets of the SIS: Says Horton:
We basically stumbled upon this ourselves – why weren’t journos asking these questions?
The seminar included Burmese, Indonesian and Filipino activists and journalists, some relating their experiences under surveillance by the SIS or other secret services. Many made the point that while the waste of resources by the SIS (its 2006 budget topped $23 million) was something of a joke in the NZ context, it had sinister and deadly overtones in many developing and totalitarian countries. Said Murray Horton:
It’s happening today and it’s costing lives. In a country like the Philippines, if you’re on the list, expect to disappear any minute.
The previous night, Murray Horton was wearing another CAFCA hat as organiser of the Roger Award for the worst transnational in New Zealand (25% or more foreign owned) – the judges conferred the 2008 prize (an ungainly and sinister looking contraption that has an uncanny resemblance to its namesake, Sir Roger Douglas) on British American Tobacco NZ Ltd. The judges' statement (from a team headed by Victoria University economist Geoff Bertram) declares: “Its product kills 5000 people every year and ruins the lives of tens of thousands.”

Ash (Action on Smoking and Health) director Ben Youdan – who “accepted” the dishonourable award on behalf of shamed BAT – says New Zealand is “waking up” to the sustained public relations campaigns by the tobacco industry. In his Stuff blog Frontline, John Minto quoted the judges saying: "[BAT] perennially refuses to take responsibility for the social and economic consequences of its activity, while maintaining a major public relations effort to subvert the efforts of the New Zealand government to reduce cigarette consumption in the community."

Picture of CAFCA's Murray Horton at the Pacific Media Centre by Alan Koon.

Wednesday, February 11, 2009

NZ's spy agency SIS 'a law unto itself'

GREEN MP Keith Locke, spokesman on Pacific and international affairs and social justice champion of the underdog, has been the latest revelation on New Zealand's "spy on our citizens" controversy. The Security Intelligence Agency's stocks have sunk to a new low after it was revealed that Keith had been spied on since he was 11 - and for at least four years since he was elected a Member of Parliament in 1999. As he pointed out in the House what an "offence to democracy" it is that the SIS - not even upholding their own legislation which requires them to be watching people "involved in treason, espionage and terrorism" - should be devoting much of its efforts to spying on civil society dissenters. So far not much has emerged on similar spying against dissenting journalists (if it indeed happens). But watch this space. Keith's reflections in his parliamentary address-in-reply on Feb 10 are recorded here by Hansard:
KEITH LOCKE (Green): I would like to begin my speech by complimenting the Director of the New Zealand Security Intelligence Service, Dr Warren Tucker, for the new spirit of openness that he has conveyed since he took over a year or so ago. It is very good that he is allowing under the Privacy Act people like myself and others who have been involved in various progressive issue movements to look at their files, because what they show are some very bad practices in the history of the SIS in targeting dissenters. In my case it concerned my involvement in the anti-Viet Nam war movement, the peace movement against nuclear weapons, the anti-apartheid movement, and movements for human rights in Latin America, the Philippines, and elsewhere.

The horrific thing about that file is that it shows that the SIS had infiltrators pretending to be fellow campaigners who reported on everyone who was present at the meetings—public and private—and who was doing what, who was carrying the banners, who was going out, and even trivial details such as at 0900 hours so-and-so went out to buy a Sunday paper, and very detailed stuff. In my own case, my movements around the country, around the world, what car I was driving, romantic attachments etc were noted—all completely unjustified in terms of the law of the SIS, and in terms of any concept of fair play, whatsoever.


The records in my case go from when I was aged 11 in 1955, and the file [has] been updated and continued since I have been in Parliament, not only with news clippings but also with monitoring of my private conversations with constituents in the Sri Lankan-Tamil community back in 2003, before I went off on a peace monitoring trip to Sri Lanka. It is good that the
Campaign Against Foreign Control of Aotearoa (CAFCA), and other groups have also got their files, which show a similar pattern over the years of the SIS of not upholding their own legislation—where they should only be watching people involved in treason, espionage, and terrorism and the like, but countering the activities of campaigners in the interests of the Government of the day.

In my case that countering meant trying to stop me from getting jobs, and conspiring directly with employers. It is recorded that I supported someone for permanent residence in New Zealand, and it was reported back to the SIS, which probably stopped that person from getting permanent residence because of my personal SIS personal file. So it had concrete effects, it was not just about being watched; it hindered the careers of myself and probably many, many others.


It is good that [Prime Minister] John Key has responded by asking the Inspector-General of Intelligence and Security, Paul Neazor, to look at the way in which files are set up, maintained, and closed. It is good that John Key says that I, and, hopefully, others who have received their files showing a similar pattern can cooperate with the inspector-general to really get to the bottom of this issue.


We need a much broader inquiry, but that is a good start. The surveillance of the SIS itself, or what might be called accountability measures or oversight, are very weak. In Parliament today my colleague Kennedy Graham tabled what he received from the official sources as the current membership of the Intelligence and Security Committee. It still lists the members of the previous Parliament, including Winston Peters. There has been no new committee set up over the past few months of this Parliament. When I have written questions in the past I have found that the committee meets only about an hour a year, enough time to hear a little report from the director of intelligence, and perhaps have a cup of coffee. It is not an oversight body, and that is why that over the years that the SIS has been able to be, effectively, a law unto itself, even spying on members of Parliament.


Under this MMP Parliament we represent a much wider range of views than was the case when we had a Labour-National monopoly, and the Green Party, in particular, represents movements outside of Parliament of people fighting for social change, environmental issues, and international social justice issues like I was involved in. It is a sad logic that if they are spying on all these movements for social change, and international solidarity movements that they are spying on MPs. It is an offence to democracy in this country, and, particularly, parliamentary democracy and the independence of Parliament from the executive, and that is why it must be opposed.

Meanwhile, strategic intelligence commentator and academic Dr Paul Buchanan (on leave from Auckland University and now visiting associate professor of political science at the National University of Singapore), has profiled the SIS head in a Scoop article, "The curious case of [Dr] Tucker". He reminds us that Dr Tucker:
Assumed leadership of the SIS in November 2006. At the time the agency was under heavy public scrutiny due to its mishandling of the [Algerian theologian and politician] Ahmed Zaoui request for political refuge (where it manipulated intelligence data to manufacture a case against Zaoui, only to have it discredited and eventually withdrawn under legal challenge).
Since Tucker's appointment at the helm of the SIS, he has promised "more transparency and public accountability" in the spy agency's operations. But Buchanan notes that the SIS sems to have a recent fixation on human rights cam,paigners, environmental and indigenous rights activists and critics of the government and the SIS itself: "It's disturbing because many of those recently targeted by the SIS domestic espionage programme post no threat to NZ's national security."

Stuff reported on March 17, Green MP Keith Locke was unlikely to be the only person spied on by the SIS after entering Parliament - a practice a government watchdog says should now be scrapped. Prime Minister John Key asked SIS head Dr Warren Tucker to deactivate files on sitting MPs and consider a system to allow surveillance only when deemed necessary with consent from the Speaker. Pictured: MP Keith Locke at a rally in support of the people of Gaza in Auckland last month. Photo: David Robie

Friday, January 30, 2009

Maire tackles the SIS for breakfast

PACIFIC peace campaigner Maire Leadbeater, author of the groundbreaking book Negligent Neighbour about New Zealand's shameful role over the Indonesian occupation of East Timor, was featured on TVNZ's chatty Breakfast show today. But behind all the light-hearted banter about a bygone era of paranoia, there are still sinister overtones for both NZ and the Asia-Pacific region. Maire was spied on by NZ's Security Intelligence Service (SIS) since the age of 10.
In a relatively new era of "transparency", security files have been handed over on request to a group of "activists and agitators". The move, as The Press noted in an editorial, recalls "a whiff of the musty battles of the cold war". After her Breakfast cameo, when she waved her hefty spook file that must have cost the taxpayers pointless zillions, Maire told Café Pacific:

While it's good that the SIS issue is being debated, the issue is more serious than just about the bad old cold war - "reds under the bed" - days. My file, in common with others, illustrates some quite intensive spying - "sources" planted in meetings, stake outs of conferences and so on.
But there is good reason to believe this undemocratic, wasteful activity is still continuing for some groups and individuals. It's possible that with the establishment of the new police Special Intelligence Branch the respective roles of police and SIS have changed a little.

Looking further afield in the Asia-Pacific region, she says:

Anti-communism is still strong in Indonesia, where the spreading of ideas and writing about Marxism-Leninism has been banned since 1967. The dictator Suharto rose to power by dint of a pogrom that wiped out at least half a million people deemed to be communists. Books are still banned if if they are deemed to be supportive of the PKI - the former Indonesian Communist Party - or if they give a "wrong" analysis of the events of 1 October 1965 and the murder of six army generals which triggered the bloodbath.
Indonesia's Criminal Code contains broad articles giving the authorities license to charge people that they consider to be subversive. For one human rights lawyer in West Papua that meant detention for 15 months and a trial for nothing more than forwarding a text message which alleged that the Indonesian Government was planning to cause harm to West Papuans. Fortunately he has just been acquitted. Those who dare to raise the banned
Morning Star flag or even depict its design on a bag or clothing run the real risk of going to jail.
West Papuans say that in the towns are villagers "intel" are always lurking and listening.
West Papuans say to us "please use your liberty to protect ours". So I guess that is one good reason why we also need to be vigilant about our own freedoms and right to meet and discuss ideas without being spied on!

Pictured: Maire Leadbeater with the Café Pacific publisher at a recent Auckland rally in support of the suffering people of Gaza. Photo: Del Abcede.

CAFCA's secretary Murray Horton - another leading activist who obtained his organisation's SIS files (and then fired off a personal request while a Press reporter was at his office to interview him) - believes New Zealand's security service has behaved in some respects much the same way as communist police states.

Meanwhile,
in other fallout from the SIS papers issue, Helen Sutch, daughter of the late leading public intellectual and civil servant Dr Bill Sutch who was at the heart of NZ's most controversial "spy" case, has condemned The Press in a letter of peddling an "urban myth" about her father. Dr Sutch was wrongly accused by the SIS in 1974 of trying to pass off NZ government information to the Soviet Union. In the high profile case that followed, he was acquitted. Helen Sutch wrote:

The Press continues to besmirch Bill Sutch
I am disappointed that The Press continues to purvey an urban myth regarding Dr W.B. Sutch. This myth, that ''the SIS caught William Ball Sutch passing material to the Soviet Union'' (editorial, Jan 29), was shown at his trial in 1975 to be false, and no evidence has emerged
since then to undermine that finding.
While editorials contain opinion, they should not misrepresent it as based on fact when it is not. Instead, please take note of the following easily verifiable facts:
  • Dr Sutch was acquitted. The SIS did not ''catch him passing material to the Soviet Union''. The transcript of Dr Sutch's trial, which has always been a public document, shows this clearly.
  • The subsequent enquiry by the then Ombudsman, Sir Guy Powles, found that the SIS had broken the law and that Dr Sutch had not.
  • Disquiet at the arbitrary and oppressive nature of the Official Secrets Act, under which Dr Sutch had been charged, and to which Sir Guy and others drew attention, led to its repeal
  • and replacement by the Official Information Act.
If The Press had been interested in the real historical significance of the release of SIS files, it could have highlighted two important developments in the years since 1975.
First is the movement away from a secret, closed bureaucratic world towards a more transparent society in which the presumption under the OIA is that all information should be
publicly available unless strong arguments to the contrary can be made.
The second development relates to the recognition that the SIS needed to be made more accountable.
Greater governance safeguards are now in place aimed at preventing the abuses of power that New Zealand has suffered in the past.
While Wolfgang Rosenberg, to whom your editorial also casually referred, may have kept his job, his career may well have been damaged, and there are many others, such as the distinguished lawyer Dick Collins, who were prevented from following their chosen careers at all.
Helen Sutch
Wellington

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