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Murray Horton. Anti-Bases Campaigner. and Uncle Sam. Host and Chief Spokesman for the Undemocratic Republic of UKUSA.
debate the fine points of satellite spying at the formidable front gate of the Waihopai spy station. Uncle Sam (and the Police)
allowed protesters to gather at the gate for speeches and protest during the January demonstrations. (Photo: Mar/borough
Express)
In this issue:
In July 1996, two agents of the NZ Security Intelligence later asked him why he sued for that much - one reason
Service (8IS) were caught In the act of breaking into the IS that to get it heard in the HIgh Court ( which he
' wanted. In preference to the District Court) you have to
Christchurch home of GATT Watchdog activist Aziz
Choudry. dunng activities opposing the Asia Pacific Eco sue for at least $200,000
nomic Cooperation (APEC) Trade Ministers' Meeting.
AZlz sued the Government for $300,000 damages. In The case came to trial i n April 2000. The heanng, before
1999, after a lengthy legal and political saga, the Na Justice Willie Young, took three full days (it had been set
tional government settled the case out of court for an down for two) I was able to attend all but the final after
undisclosed a m ount, plus costs, and begrudgingly noon session
apologised to AzIZ (after having changed the law to le
galise, Including retrospectively. all SIS break-ins). But I "We Think Aziz Has Been A Very Naughty Boy"
digress
These were the immortal first words uttered by the cop
The man who caught one of the agents and took their leading the late night raid on Aziz Choudry's home, to
vehicle's registration number, which identified them as the bemusement of his flatmate.
SIS, was Dr David Small, a U nIversity of Canterbury lec
turer and one of the speakers at the Trading With Our This and a whole lot more were amongst the gems re
lives conference, which was being held to counter the vealed in the evidence in David's case I was one of
APEC Ministers' Meeting. At the time of catching the those who seriously doubted the wisdom of hIS repre
spook, David was wearing his conference name tag, senting himself (Aziz was represented by leading Auck
whIch identified him as "David Small, Corso" (one of the land Queen's Counsel, Rodney Harrison). I needn't have
agencies Involved in Trading With Our Lives). worried - David did an a b solutely brillian t Job, and in
deed, his representing himself seemed to work in his fa
A week after catching the agents, David's home was vour as far as the judge was concerned. He was allowed
raided by pOlice looking for "bomb making materi to take the case' into areas that frankly surprised me
als" (Aziz's home had already been raided by the cops (and him). not to mention absolutely horrifying the spies
He was away, accompanying a Mexican speaker from of both the Police and the SIS. David played the game -
Trading With Our Lives, on a national speaking tour). he wore a nice suit and tie; he said "Your Honour" the
These raids arose from a still unexplained. very realistic right number of times to keep the judge sweet; he wasn't
fake bomb left at the C hristchurch City Council building a smart arse; he didn't lose his temper when cross ex
(the City Council had ordered GATT Watchdog to re amining cops who absolutely bristled with antagonism
move a previously approved anti-APEC window display towards him (or who suddenly developed mass amne
from the Council building). Incredibly, the "bomb" was in sia); and most importantly, he stuck doggedly to the
a cardboard box labeled, in handwriting, "APEC Bomb"l point, backed up by wads of both POlice and SIS docu
Even stranger, the "bomb" was planted after the APEC ments secured during the discovery process. He per
Ministers' Meeting was over, when the Ministers, bu formed superbly, in front of a very i nterested public gal
reaucrats, journalists and security men had gone home. lery that included his parents throughout, plus several
Needless to say, nothing was ever found in the raids siblings and··their children. His tying the Police up i n
and nobody was ever charged with anything. knots reduced the gallery t o loud laughter more than
once, something which displeased the Judge
David Small also sued the Government, specifically the
Police. He did not take court actIon frivo This was the sort of case that the Anti
lously. but only after he had exhausted the Bases Campaign (ABC) has always
proper channels. Firstly, he complained to dreamed of mounting against the Govern
the Inspector General of Intelligence and ment Communications Security Bureau
Security. As with Aziz's complaint to the (GCSB - which runs the Waihopai spy
same source, no wrongdoing was detected. base), but has never been able to do so.
Unlike Aziz, he also complained to the Po There was a crucial difference from the
lice Complaints Authority. Same result In October 1999, numerous Waihopai court cases - David was the plain
he filed his claim with the Christchurch High Court. sUing tiff, not the defendant. He had the State on the back foot
the Crown for $300,000 damages, allegrng trespass and (as Aziz had done in his landmark case against the SIS)
'
a breach of his rights under the Bill of Rights. The media This wasn't a heanng where people defending minor
criminal charges (invariably trespass) tried to turn it into
lGATT :;;: Genera! Agreement on Tariffs and Trade; now the World Trade a broader trial of tne wrongs being perpetrated at Wai
Orgamsation, headed by New Zealand's very own Mike Maore And they
hopai (an approach that has always been rejected by
can have him
The Police evidence, elicited under his cross examina Another CI8 detective testified that, on that same
tion, was absolutely fascinating, and raised more than night. h e received a call from hiS SIS contact (so that's
a few eyebrows in the court itself, and throughout the two separate calls acknowledged. to and from the S I S ,
country. The rank and file uniformed plod who was that night). T h e spook asked for help i n calling off the
sent out to investigate David's original burglary cops who were about to pounce on the motel
complaint testified that "acting on a hunch", he housing his agents. That message was d uly
decided to check nearby motels for the burglars passed on up the chain of command and carried
(David had provided the getaway car's registra out He hinted at the mood by describing the
tion n umber; it had out of town registration 81S man as "far from comfortable" d u ring their
plates, which t h e media later famously traced to conversation and "uncomfortable" about report
an SIS front company in Wellington) The cop ing their predicament to the cops. The Judge
duly located it in a nearby motel. There was asked this detective; " H uman nature being what
never any direct contact between the Police and it IS, I suppose that you and (two other detec-
fill
affair had never been examined up until isers was ever even contacted by the Police, let alone
now. Davld's case opened a very wriggly raided. in connection with the hoax bomb or anything
can of worms. His argument was that else. I put out the initial GATT Watchdog press release
there was no reason, other than his having (the only one that's ever gone out in m y
caught the S I S agents, for him to have name) fingering t h e SIS a s being responsi-
come to Police attention. He had no con ble for the break-in at Aziz's place, and say- '
• ' i
. ..
..
.
'
victions. no criminal record. Cop after cop ing that the Police raids were a dirty triCkS "
.. . '" . ..
.
testified that yes, they had no reason to be concerned campaign to smear us as terrorists. I never . . .
.
about h i m In their jargon, he was a " person of no sig saw or heard a dicky bird from the State.
nificance" The officer in charge of security at the 1996 The Police issued four search warrants after the hoax
APEC Ministers' Meeting accepted that Davld had been bomb - in court they testified that Aziz was the prime
granted media accreditation to the conference, some suspect and David was N u m be r Two. The other two
thing which would have involved him passing a security were not named in court, but it is a matter of fact that
vetting (and something which was withdrawn, on secu neither of them was in any way involved with GATT
rity grounds, from Corso's Joe Davies, during the 1999 Watchdog or organ'lsing Trading With O u r Lives
APEC M i nisters' Meeting, in Christchurch). The cops (indeed, I'd never heard of one of them)
testified that before an event such as the APEC Minis
ters' Meeting, several specific Christchurch houses and Nor was there any suggestion that David had acted in
premises would be placed under routine surveillance any other than a proper way In attempting to apprehend
They confirmed that Aziz's house was such a "target", burglars and reporting them to the Police. Don't take
and that they were not surprised to learn that It was my word for it - try this, from a letter that David re
also an SIS target They testified that they knew all the ceived from the Director of the SIS. "I note your con
people who came and went from the Chrlstchurch cern as to the perception that the Service may have of
Corso building (from which a l l sorts of protests have you. For what it is worth, my personal perception is that
been organised). your actions as described above were entirely appropri
ate and what I would expect of any responsible citizen
They testified that he was not regarded as any sort of While the Service was not pleased about what hap
pened, its displeasure
has been directed at it
self, not you" ( 1/12/99;
quoted i n court tran
script)
f
purely political surveillance, the criminalisation of dis it" (ibid) To sum u p - to this day, that
sent particular cop considers David a suspect 6.'':'
in the hoax bomb affair.
One cop's evidence was in stark contrast to this "we
had no previous interest in you" line. He was the CIS Who Planted The "Bomb"?
detective who had been rung on the night of the bun
gled SIS break-in by his SIS contact He was upfront This is one of the two major unanswered questions
and unrepentant about his attitude to David, stating that arising from this whole strange chain of events. The
he had been aware of him for 1 0- 1 5 years, dating back other one is, of course, what were the SIS agents up to
to articles that David had written in Corso's Overview in at Aziz's the night David caught them? No explanation
the mid 1 980s These articles were nothing to do with has ever been forthcoming on that one, and we're still
free trade.. but were about the Kanak independence none the wiser.
struggle, in New Caledonia (Kanaky). David's then wife,
Susanna Ounei, is a Kanak, and had a high profile in So, who did plant the hoax bomb at the C h ristchurch
both her homeland and New Zealand as an advocate of City Council building? As already detailed, at least one
independence. Both David and Susanna were public CIS detective was happy to testify that he still thought
figures in New Zealand in the 1 980s because of this that David had something to do with it All the cops who
issue (e.g., David staged a three gave evidence made much of the fact that Aziz had
week hunger strike outside the been described as "angry" when GATT Watchdog was
French Embassy, in Wellington, told by the Council to remove its previously approved
when refused permission to visit anti-APEC display from the front window of the Council
Kanaky, and his wife). The Police building (the Council has learned its lesson, leaving a
had refused David a firearms licence Similar window display well alone during the 1 999
One immediate result of David Small's court victory was a broad-based call for a Parliamentary Select Committee
InquirY Into political spying by the Police's Criminal I ntelligence Service (CIS). The appeal was headed by Auckland
University's Professor Jane Kelsey, a prominent writer, and Joined by a raft of groups and individuals - trade union
groupings, churches, academics, students, etc, etc ( Murray Horton endorsed it, o n behalf of both CAFCA and ABC)
The appeal noted that the Small case revealed that the CIS equates legitimate extra-parliamentary political opposi
tion With Criminal activity; and that the CIS operates as a quasi-Intelligence agency without even the minimal offiCial
oversight afforded the S I S or GCSB
The appeal was directed to Tim Barnett MP (Labour, Chrlstchurch Central) in his capacity as chair of the Justice and
Electoral Select Committee. That committee is already inquiring into Police actions against Free Tibet protests dur
ing the 1 999 State visit of Chinese President, Jiang Zemin and the role of the Government, specifically the then
Prime Minister. Jenny Shipley, in directing those Police actions .
:
�
�
i
They meet in a sunlit paddock The other �
One urbane in a dark suit Without benefit of suit i
Wrapped in authority Shivers �
Out of place Clothing his nakedness
I n charge. I n a protest flag.
He srniles behind dark glasses Thus clad he
Welcomes the other F aces the future
Provisionally Cast oul, but
To view but not to touch Sustained by the knowledge
What flourishes in his domain, Of good and evil.
Guarded by fiery gates
And steel fences- Knowing who the real trespasser is
The alien fruits He shivers
Of the Tree of Knowledge-is-Power. But stands firm.
After countless demonstrations at Waihopal the familiar district courthouse was the venue
Since 1 988 our intrepid band of fomenters for our sausage sizzle (Including vegetanan
needs simply to whisper "demo" and the po options) and Best-Dressed Spy Contest To
lice are on to us. Our first action of the 2 1 " keep us ever so slightly on edge, Mother Na
Century was held i n the usual place i n the ture continually threatened to wash u s out
usual month (January). I n other words we were ex since the only cover was a few trees and the tiny space
pected. Police interception began via cell phone (we at the base of the war memorial clock tower
are now a fully modern expeditionary force) as the two Passersby were curious about the colourful spy cos
ABC police liaison persons drove northward toward tumes, placards and banners and many stopped for a
Kaikoura. Reception was bad as it always IS u nless sausage and a chat about spies. Uncle Sam was there
you are camped under one of the towers. But we man to represent the U S National Security Agency (US
aged to understand the message from the officer in NSA) and to try to snare a few promising spies for use
Blenhelm - he wanted to know what we were up to So out at the base. The local media too loved the atmos
we told him set u p camp near the base on Fnday eve phere and had some good photo ops with spies hiding
ning, hold huge actions in Blenheim and at Waihopai i n trees and behind benches.
on Saturday, debrief each other endlessly in camp on
Sunday mornmg, and disperse. We made no guaran When It came time at one o'clock sharp to start the
tees about arrestable actions. He seemed disap Best-Dressed Spy Contest the bell in the tower chimed
pointed about that loudly and down came the rarn, as if on cue But the
compere of the contest proceeded anyway and the rain
We camped In a new and very convenient location just stopped. A parade of spooks of all ages emerged. one
down the road from the base thiS year, courtesy of lo at a time, from beneath the clock tower to be Viewed
cal landowners. They even laid on extremely high and judged by the crowd (and U ncle Sam). The final
pressure water for us. It was a n adventure just filling a decision on the winner was left to Uncle Sam, who had
cup but was much appreciated. OrganiSing the camp arrived j u st that morning at Christchurch Airport on a
and all its detail was in the capable hands of LeeAnne U S Air Force Starlifter. H e chose a masterfully dis
Boyd of Riverside and her mates. She did such a won guised Blenheim local, dressed in classic trenchcoat,
derful Job of it that she earned the dubious honour of rakishly tilted brimmed hat and sinister dark glasses, to
being asked to d o it all over again next year receive the top prize, a manual on spying techniques
written by J enny S h i pley, M i nister in charge of Waiho
This year was a little different in another respect - ABC pal. (The winner was i m mediately ushered into a dark
Christchurch arrived at camp with some detailed plans limo and whisked away.) Several younger spooks tied
for fun times on Saturday. Not that we wanted to domi for the Junior prizes which turned out be high-altitude
nate the action, but we had given it some thought An surveillance kites. And so ended what may have bee n
early morning breakfast and briefing for the assembled ABC's most unusual protest activity In Blenhelm. But
throng at camp was followed by a refreshing walk down more was to come . . .
to the base to look at the dew on the domes. The walk
was leisurely with h alf-awake campers wending their To the base ...
FOOTENOTE
(AN APOLOGY TO WILL FOOTE)
Here's how to buy a copy of Will Foote's latest book - 'The Power of P e o p l e ' ,
In our last edition of PR, we failed to let our readers know how t o obt a i n Cl copy 01 \NIII r O()tt� s book
The Power of People' Copies can be obtained through
Page and Blaclrmore Booksellers, 264 Trafalgar St, Nelson. It costs $9.95
ABC's January 2000 protest action Judicial and Parliamentary i n vestigations have been
at the Waihopai spybase (see else launched in Italy. German parliamentarians have de
where in this issue for details. Ed ) manded an Inquiry. I n the US itself. a Congressional
cOincided with another upsurge of investigation into Echelon's implications for privacy
international revelations about the rights begins later thiS year. The Belgian Foreign Minis
Echelon project. of which Waihopai ter said "In effect. democratic states and a member of
is but a small part. Very briefly, the European Union (Britain) could have organised
Echelon involves the satellite i nter large scale espionage operations In order to reinforce
ception spy bases In the UKUSA Agreement countries their economic interests to the detriment of Belgium
( US UK Canada. Australia and NZ) automatically and other European countries" ( Washington Post
searching billions of messages simultaneously and 24/2/00; " Europeans decry U S electronic Intercepts··)
continuously for key words. In the case of the bit play
ers. such as the NZ Government Communications Se It's OK - Spies Tell Helen Clark They Don't Do It
cUrity Bureau (GCSB), this raw material is collected in a
fully automated process at Waihopal and sent undi The Europeans are espeCially aggneved by Echelon's
gested to Big Brother. namely the US National Security use for commercial espionage, to their disadvantage
Agency (NSA). the world's biggest intelligence agency French MPs claim to have evidence that the E uropean
Airbus consortiu m lost an $ NZ 1 0+ billion Saudi Arabian
Echelon's existence was first revealed in Nicky Hager's contract to Boeing of the US as a result of Echelon
seminal 1 996 book "Secret Power", and that started the Thomson CSF of France missed out on an SNZ2+ bil
ball roiling I n a very big way. The shockwaves reverber lion Brazilian contract. to Raytheon of the US These
ated around the world. Further revelations came with allegations came all the way back to the New Zealand
the 1 998 publication of the European Parliament's Sci Parliament. where Green MP, Keith Locke. asked the
entific and Technological Options Assessment Group Prime M imster. Helen Clark, if she was concerned
report entitled "An Appraisal of Technologies of Political about them. Previous PMs have refused a l l comment
Contror Echelon featured prominently In that The on matters of "national security", but Clark (the Minister
principal researcher and author was the longstanding nominally in charge of the GCSB - there is no such
world expert o n such subjects, British Journalist Dun portfolio) was slightly more forthcoming. She replied
can Campbell (who visited New Zealand i n 1 996/97) I n that she was concerned. but that she had received as
1 999 the same Group a pproved another report from surances that Waihopai isn't used for commercial es
Campbell entitled " I nterception Capabilities 2000" This pionage, either by New Zealand or by the other UKUSA
came before the European Parliament's Committee on partners "We are not authorised to, and we do not
Citizens' Freedoms and Rights. in February 2000. At provide intelligence outside government channels. We
the same time. Echelon's existence was officially con provide intelligence i nformation only to the United
firmed for the first time ever in declassified US Defense States government for the purpose of aSSisting in for
Department documents published on the I nternet (the mulating policy. fighting terrorism, and protecting
NSA itself continues to refuse to confirm or deny Eche United States forces. Specifically. we do not provide
lon) Intelligence information to U nited States companies for
commercial or competitive advantage" (Press. 24/2/00 .
This was all too much for the French, who have re "Concern over spying inquiry"). She cited the NSA a s
sisted at every turn American attempts to dominate the source of the assurances (via t h e GCSB) "We ob
Europe. be it politically, militarily. or culturally viously would not expect the NSA to lie to us, so we
(McDonalds' burger bars tend to get regularly trashed have to accept the assurance in the absence of any
by a ngry French farmers) Echelon is seen as yet an evidence to the contrary" (Ibld), So there you have It
other Anglo-Saxon covert operation to spy on and take from the horse's mouth - spies don't lie or deceive their
advantage of America and Britain's nominal European political masters, Even the conservative mainstream
allies' Paris lawyers announced a class action suit NZ media weren't happy about all this - the Waikato
against the American and British governments, for Times editorialised ( 25/2/00; "Spotlight goes on spy
breach of France's very strict privacy laws. Simply at base") that Helen Clark should get Waihopal out of
tempting to I ntercept communications is an offence in Echelon (a tricky one) and concluded; "If New Zealand
France (in the i nterests of balance, It should be stated comes out of this with a minimum of mud on ItS face. It
that France is one among several European countries will be very lucky. Espionage is a d irty game - espe
with their own satellite interception spying networks. cially when you get caught out'
Dutch Intelligence has Just gone into the bUSiness
Courtesy of its worldWide network of colonies, including The mainstream American media were onto the story
several In the Pacific. France has a global network) . now, and In February 2000, CBSTVs flagship 60 Mm-
��
·�•
.
pionage.
. .
commiSSioners come to Washington. We
.
should organize two seminars for them. One
� . .
would cover our Foreign Corrupt Practices Act. Beyond Echelon
and how we use it, qUite effecllvely, to discour - ,
age US companies from bribing foreign govern . Echelon, of course, represents the present
ments A second would cover why Adam Smith and also the past for the spy agencies. They
IS a better gUide than Colbert for 21 st-century econo are always looking to "improve" their craft. In August
mies Get serious, E u ropeans. Stop blaming us and re 1 999 the NSA patented a new technology for automatic
form your own stallst economic policies. Then your topic spotting and labelling of data. ThiS is a vital step
companies can become more efficient and innovative. towards automatically analysing human speech, includ
and they won't need to resort to bribery to compete ing vOice recognition (Echelon works on keywords, not
And then we won't need to spy on you". vOices or speech as such). Britain, the only UKUSA
member still to have an OffiCial Secrets Act instead of
So there we have it - E c helon is used to spy on allies, an OffiCial Information Act, takes a brazen a pproach to
to detect and prevent the crime of corruption , and to electronically spying on its citizens and the rest of the
provide a level plaYing field for the hard done by Ameri world. MI5 (the British internal security and intelligence
can transnatlonals It's pretty flimsy. As Duncan Camp agency) is building an $NZ75 million e-mail surveillance
bell countered " I f you find evidence of wrongdoing. centre, in London, that will have the power to monitor
bnbery your duty is to go through the legal process, all e-mails and Internet traffic sent and received In Brit
not use it for the benefit of US companies. There are ain. A new law will compel all Internet service providers
mechanisms for legal cooperation between coun operating In Blltaln to route thell traffic through the
tnes" ( NBCTV News Website, 1 4/4/00). Nor was there splendidly named Government Technical Assistance
any comment from Helen Clark about the former CIA Centre, and hand over the keys to decode encrypted
Director flatly and proudly contradicting what she had messages, so that everything will be monitored . The bill
been told by the NSA (via the GCSB). also creates a new offence - that of not prOViding thiS
Information to the Government
None of this placated angry E u ropean Parliament MPs,
qUite the opposite In March, 1 7 1 of them (out of 626) Mind you, sometimes we get the last laugh The Sun
signed a petition calling for an inquiry into British in day Telegraph reported (1 1 /4/00) that more than 1 00
volvement in sPYing on E u ropean Union allies. This staff at the Government Communications Headquarters
was enough to get it debated; Britain tried to kill the de (GCHQ - the other major UKUSAlEchelon agency) had
bate, because of womes that it would force a choice been compensated by the British government for hear
between loyalty to the U S and European partners, and Ing loss caused by too much eavesdropping on "enemy
because intelligence and security matters are normally transmissions", whilst wearing faulty headphones. Per
strictly off limits within the E u ropean Union. But the haps M I 5 better get in a truck load of glasses for use In
European Parliament wants the debate to proceed, reading everybody's mail.
plus there are moves to amend international law to
The Intelligence and Security Committee (ISC) is, most deliberately, not a Parliamentary Select Committee. It is
a committee of Government, having nominal oversight of the Security Intelligence Service (SIS) and Govern
ment Communications Security B u reau (GCSB). Created by the 1 996 SIS Amendment Act. it is always chalfed
by the Pllme Minister, who IS also always the Minister in Charge of the S I S (and the GCSB, although there IS no
such portfolio). T h e PM picks two members; the Leader of the Opposition sits on it, and also picks one member
The 1 999 election changed the Government. after nine years of National, New Zealand F i rst. and various ragbag
' Independents" The Labour/Alliance coalition contains MPs and Ministers who have preViously strongly op
posed the S I S and the whole demi-monde of spy agencies So it was with interest that we awaited the new ap
pOintments to t h e ISC. Clark picked her righthand (and Rlghtwing) man, Michael Cullen, the Minister of Finance,
Alliance leader, Jim Anderton, is on by dint of being Deputy P M . Jenny S h ipley picked ACT leader, Richard
Prebble. So four parties are on the Committee (Labour, Alliance. National, ACT), but funnily enough no room
was found for the Greens, an Opposition party broadly supporting the Government, and the party most commit
ted to clOSing Waihopa l , abolishing the GCSB. and putting the boot Into the SIS Not to mention getting lid of the
ISC Itself
The Alliance and Anderton found themselves in a cleft stick They had voted against the two 1 990s SIS Amend
ment Acts and against the creation of the ISC. They had been trenchant critics of the SIS (and, to a lesser ex
(Continued on page 16)
To his credit. Anderton did try to do something about it. In February 2000. he proclaimed himself In favour of a full
Parliamentary Select Committee, made up of MPs from all parties, to oversee the SIS. complete With public hear
ings This got short shrift from Helen Clark (Labour had unanimously voted with National in favour of those two
1 990s SIS Amendment Acts) She. and Labour, are fully committed to the ISC and its "oversight" New Zealand First
leader. Winston Peters (himself a former Acting SIS Minister from his 1 990s glory days), backed Clark "You can't
have any old person on the committee" (Press, 2 1 /2/00, "Call for more access to S I S information")
But Its an Issue With the potentia l to divide the Coalition (the Coalition Agreement does allow them to publicly dis
agree). In March , an obscure Bill governing radlocommunications caused Labour and the Alliance to vote against
each other for the first time. The Bill gave the SIS power to intercept foreign cellphone and radiO communications -
the Alliance and Greens voted against it; Labour turned to National. ACT and New Zealand First to get it through
The debate turned nasty, with Jenny Shipley declaring: "He (Anderton) is an unfit person to ever sit on the ( I SC) He
IS an unfit person to ever hold the warrant as Acting Minister for the SIS" (Press, 30/3/00: "Govt split over SIS Inter
ception powers")
Green MP Keith Locke has put up a Private Member's Bill the Intelligence and Security Committee Act Repeal Bill
2000 - and had it survive the ballot process (for Private Members' Bills) and proceed to debate. The Bill would have
scrubbed the I S C and have its f unctions taken over by a proper Select Committee. Labour, of course IS dead set
against it. The Bill was killed, in May 2000. by 1 03 votes to 1 6 . To Its credit, the Alliance Joined the Greens in voting
for the Bill
New Government, business as usual as far as "our" spy agencies are concerned
Bob Leonard
Have you ever wondered how to caught in the act. denying it. The very high profile
complain about Waihopai or the Gov cases of Aziz Choudry and David Small come to mind
ernment Communications Security immediately. Both of these gentlemen have won court
Bureau (GCSB)? You've probably victories against government agencies after David
heard that the h i-tech listening equipment at Waihopai caught two Security Intelligence Service spies in the act
IS capable of Intercepting all of your international elec of breaking into Aziz's home in 1 996. The details have
trOniC communications - emails, phone calls. telexes, been published widely and will be familiar to you The
faxes, the lot. It's done by snooping on stray signals pOint is, how likely are we ever to catch a spy In the
from the Intelsat satellites that hover over the Pacific. act? Not very
So you may well wonder, as I do, how you would ever
know that you were being spied upon. The fact is, you And you are never going to catch the GCSB in the act
can't know unless the spooks tell you so And that's of intercepting your electronic communications. There
not too likely. Nevertheless you can complain about it if fore, you wouldn't expect many complaints from the
you suspect it's going on public about Waihopai and the GCSB. But the I-G. M r
Laurie Greig, made the following amazing statement on
The Office of Inspector-General of Intelligence and Se the first page of his 1 99 9 annual report 'The fact there
curity was created by a special law passed in 1 996 by are very few complaints and little need for any inquiry
the National Government. It was part of a rather pa into the activities of the NZ S I S or the GCSB indicates,
thetic attempt to improve oversight of our so-called I believe, that the performance of their activities does
'intelligence' agencies Section 1 1 ( 1 )(b) of the I-G Act not impinge adversely on New Zealand citizens"
states that ' t h e functions of the Inspector-General
shall be - to inqUire into any complaint by a New So I wrote a letter to the I-G saying " 1 am at a loss to
Zealand person that that person has or may have understand how you can draw such a conclUSion about
been adversely affected by any act, omission, practice, secretive organisations whose activities. by their very
poliCY. or procedure of an intelligence and security nature, are almost entirely hidden from public knowl
agency". Sounds reasonable until you think about what edge and scrutiny . . . . Presumably, specific evidence of
the substance of your complaint might be. Secret adverse effects on me from GCSB spying would be re
agencies are pretty good at hiding what they do, and if quired to form the basis for a viable complaint to your
U S A I R FO RC E CONTI N U ES TO VI O LATE
SOVE RE I G N TY O F AOTEA ROA/ N EW Z EA LA N D
Bob Leonard
ThiS article updates flight data on U S m i litary and Ant tic support after 42 years i n Christchurch. NYANG, a
arctic logistics use of C hnstchurch I n ternational Airport, branch of the U S Air Force, now flies all ski-Hercules I n
It continues the compilation of flight data for the 1 990s, Antarctic service,
Peace Researchers No, 5 (June 1 995) and No, 1 4
(December 1 997) provided data for the period June In PR No, 1 5 we gave two main reasons why we think
1 990 through May 1 997. ABC monitors the flights us the Air Force, instead of the Navy, now runs the show -
ing monthly flight summaries proVided by the Ministry of 1 ) I n addition to its logistics flights for Antarctic re
Foreign Affairs and Trade ( M FAT) under provisions of search, the Air Force also conducts Channel flights o n
the Official Information Act militaryiintelligence business t o Australia; 2 ) the Navy
had but a single role - logistiCS for Operation Deep
Since May 1 99 5 , MFAT has provided ABC with com Freeze. Thus the Navy was expendable (supposedly
plete flight data for Ski-Hercules (LC-130) aircraft flown to save money) and the Air Force could continue its
by U S Navy crews and in recent years by the New York Channel flights u n q u estioned by the NZ government
Air National G uard Military business as
(NYANG). ( P rior to that usual,
time, we only received data
on US Air Force Starlifters The table shown here
71 97 1 68
and Galaxys. ) Trial reveals the proportions
NYANG flights actually be 38 85 1 0_J' 69, I of US Air Force Star-
gan in 1 988 ( PR No. 1 7, 1" 47 63 1 10 57.3 lifter and Galaxy busl-
series. Feb 1 98 8 , p. 9) and 58 91 63.7 ness throughout the
were sporadiC I n most Ant 28 79 1 07 73.8 decade. These large
arctic seasons for some cargo planes have vis-
31 78 1 09 7l 6
.
ABC Committee Members Bob Leonard, Murray Horton, and Yani Johanson take Labour MP, Tim Barnett, on a tour of Harewood.
the progress of. and the militant a special group to counter adverse publiCity and to
mass opposition to the Visiting manage pro-VFA propaganda (this arose out of bad
Forces Agreement (VFA) between publiCity dUring a late 1 99 9 US warship viSit to Cebu
the U S and the Philippines which City) A total of eight USIPhllippines war games have
was finally ratified by the Philippines been scheduled for 2000 alone
Senate. in 1 999 One of the world's
most successful anti-bases cam The Pentagon IS delighted to get back Into the Philip
paigns forced out the century old US bases (Sublc pines. Its goals are spelled out i n the US Defense De
Clark and co) in 1 99 1 /92. But the VFA a llows the Pen partment's 1 995 East Asian Strategy Report a US
tagon In the back door, without any need to maintain troop level of 1 00,000 must be maintained there must
permanent US bases In the PhilipPines. Essentially the be forward deployment of US forces In the region there
VFA opens up all of the Philippines to the US military - must be access and basing rights for US forces m the
the next best thing to actual bases - with speCial rights region, the US must maintain its ability to affect the
at 22 ports and other facilities. And it gives effect to the course of events in Asia
1 951 US-PhilipPines Mutual Defense Treaty which had
been frozen since the 1 9 9 1 Senate vote to not renew The first legal test for the VFA will come with the case
the bases treaty. of three US sailors who were arrested I n Cebu City
d u ring a port call after " Balikatan 2000" They were ar
It allows In thousands of US troops at a time for Joint rested and charged with assaulting a taxI driver by the
exercises. whilst essentially exempting them from local Philippine authorities (because they were off duty, at
law The first such large scale Joint exercise under the the time. US authorities have Junsdictlon for crimes
auspices of the VFA, was "Balikatan 2000". held from committed on duty). They face a maximum of 1 3
January until M a rch 2000 (the small scale " Balance months prison if conVicted. The judge let them sail with
Piston exercise was held. In October 1 999). their warship, after their commanding officer pledged
Balikatan" (which means " shoulder to shoulder") in that they will return for all court sessions The U S Navy
volved 2 . 500 U S troops and 2 , 300 Filipino troops. Its apologised for the incident
scope exceeded that of any previous Joint exerCise,
with US forces exerciSing In the provinces of Nueva The Philippines is still grappling with the toxic legacy of
ECiJa. Tarlac, Pampanga, Zambales, Bataan, Cavite a century of hosting major US bases ApprOXimately 80
and Palawan. Both governments denied that the US residents have died from the effects of toxic wastes
presence had a n ything to do with the SinolPhilippines around the , former Clark Air Base. I n February 2000, SIX
row over the disputed Spratly Islands, but the US mili year old Crizel Jane Valencia, d ubbed the "child tOXIC
tary's first stop was in Palawan, the Philippine province warrior", died from acute leukaemia. She and her fam
closest to the Spratlys. It started with "hearts and ily drank the water from the area surrounding Clark
minds" medical and dental clinics but the bUSiness end Other children are seriously ill. Liberal Party Represen
of the exercise was several weeks of Simulated jungle tative. Wigberto Tanada, has urged the Philippines gov
warfare. aerial combat and amphibious naval landings, ernment to sue the US at the World Court, to compel
culminating in a simulated naval assault on a beach the US to clean up the mess Senator Loren Legarda
south of Manila has Cited a figure of $ U S 1 billion as bemg the possible
cost of the clean up. The US is denying any responsi
Unsurprisingly, the exerCise centred on the former US bility for cleaning up what an international lawyer has
bases at Sublc ( n aval) and Clark (air force), Their host correctly labelled "time bombs" (Philippine Daily In
cities Olongapo and Angeles - used to be infamous quirer, 2/3/00). The potential for future harm IS Im
for their extensive sex industry to cater for the G l s. mense, not only to those who are already victims or are
Brothel keepers rubbed their hands with glee again, in in the process of becoming Victims of the former U S
2000, thinking that the good old days were back. Three bases. Olongapo a n d Angeles are slated to become
Angeles hotels were reserved for the troops' ' ' rest and the sites of major economic zones, with huge US trans
recreation" U n convincingly. m ilitary commanders from nationals such as Federal Express and America O n
both nations said that the troops would be under strict Line touted a s likely to set u p shop there. T h e interna
curfew Philippine Defense M i nister, Orly Mercado, tional lawyer advised them to stay away: "The risk is
said "We have agreed that they will be provided with Immense to such corporations and their workforce. And
alternative actiVities, mostly sports activities, in the If their insurers are aware of the situation, there will be
camps to keep their testosterone levels down" (BBC no cover, especially if the corporation IS from the U n ited
News, 31/110 0 ) . Cold showers perhaps? Protesters in States" (ibld). Already toxins are seeping Into the base
Manila weren't convinced - i n a demo outSide the US ments of buildings being erected in a Taiwanese I ndus
Embassy, they waved u nderwear on which they had trial Park right on top of S u bic's former 'andfi" , which I S
written problems assOCiated with the return of Uncle a cocktail of dumped toxic wastes, The bases might
Sam - AIDS, prostitution abortion. and tOXIC waste have gone - their poisons linger on
RO B E RT RO DVI I< - U N S U N G H E RO
You don't have to be dead to get n ice reet relevance to us That's OK - that's
things said about you in Peace Re what the delete button IS for
searcher From time to time, we need to
acknowledge those who help us greatly, He plays an Invaluable role See the arti
and who remain essentially anonymous, cle elsewhere In this issue about the
Such as those that send uS information worldwide upsurge of interest In Echelon
Nobody sends us more than Robert Rod earlier thiS year. A great deal of that stuff
vik, of rural British Columbia, In Canada, came courtesy of Robert - he sent us
He's been sen d i n g us stuff for so long that matellal from Canada. the U S Britain,
we can't remember how we fllst got i n Singapore India. you name It We are a
touch With each other. For the first ever so great deal better Informed about the
many years, h e sent us hefty envelopes of clippings, worldWide fightback against Echelon because of him
from Canadian and Amencan newspapers and maga
zines, both mainstream and movement We've never met him. know nothing about him person
ally, and have never spoken to him. So we deCided that
Then he bought a computer and went onto the Internet to illustrate thiS bllef piece about thiS International man
Nobody has had any sleep since For the past couple of mystery we wanted a photo of him H e went coy on
of years h e has bombarded us (and a whole lot of other us. claiming to be The Invisible Man, and not to have
people besides) with a deluge of material culled from one. Eventually he agreed to send us thiS 20 year old
the electroniC newspapers, TV news sites and Xines of passport photo (rather like those old East German spy
the world. Every message comes complete With a per masters. of whom the only known photo was a grainy
sonal (usually s p lenetiC) introduction from Robert - Side on shot taken In the 1 9505) We're sure he hasn't
they are collectors' items In themselves. He sends us changed a bit Good on you Robert
far more material than we can ever use or that IS of dl-
Previously, Sierra Leone was the personal playground But if Splcer and co are having things their own way In
of the mercenary armies who revel in the title "The West Africa. not so In his homeland. In November
Dogs of War" (the "Mongrels of M u rder" might be more 1 999, outraged students from the U niverSity of Wales.
appropriate) These killer corporations, namely In Aberystwyth. alerted the world that, in a few days
Sand line and Executive Outcomes (EO), became time, Tim Spicer was due to give a public lecture at the
household names as a result of their disastrous 1 997 International Politics Department. His topic was to be
attempt to " l iberate" Bougainville and its forcibly closed "The Role of Privately Owned Armed Forces in a Glob
Panguna mine, on behalf of the Papua New Guinean alised World". They called for i nformalion on "thiS
government. They were ignominiously rounded up by gangster a'nd his racket" (e-mail, 1 2/ 1 1 /99). and for lo
the PNG m i l itary and chucked out of the country (there cals to protest his visit A h , the power of the Internet
was malor Civil u n rest and political upheaval in PNG as Within days, the Aberystwyth students had been
a result). This was all fully detailed in PR 1 3. The Feb flooded with international information (we e-mailed
ruary 1 997 Harpers magazine describes how Executive them everything on the subject that we'd published in
Outcomes (founded by apartheid era, former South Af PR), and the u niversity had a big rethink. It had fielded
rican military officers) operated in Sierra Leone. O n oc media Inquines from as far afield as Afnca and Oce
casion It was paid by misused funds from the Interna anla, It was worried about a militant demo on campus
tional Monetary Fund or, more commonly, by the con (Aberystwyth students have chased the Queen away in
cession of Important deposits of oil, diamonds, copper, a previous demo) So, surprise, surprise, it cancelled
etc (the fabulous wealth of Bougainville's copper mine the inVitation to Spicer "due to u nforeseen circum
was a definite Incentive for the mercenaries' ill-fated stances" (e-mail, 1 7/ 1 1/99). I n short, we won. Perhaps
adventure there), Harpers reports how, i n 1 995, t'{)lo Splcer remembered the very rough time he had person
South African mercenary pilots approached a Sierra ally experienced at the hands of the PNG soldiers who
Leone military commander about their difficulties telling detained him, then expelled h i m (haVing come very
the rebels from the civilians in their air attacks around close to killing him), and thought that Welsh students
Freetown, the capital. "Kill everyone I" was the answer, might be even worse.
and that's what they did. I n 1 995, it took a 300 man EO
force, backed by four helicopters, two months to sup We are pleased to have played a small part in denying
press the rebels, at a cost to the Government of thiS glorified hitman a respectable academic lectern
SUS 1 . 7 million per month, plus some mining conces from which to expound upon the necessity for merce
sions After that it required 90 EO mercenaries to con nary armies In the "global economy". First World private
tain the rebels, at $US55,000 per day armies killing for profit in some of the poorest and war
ravaged countries of the Third World - that is the reality
The glory days (or should that be the gory days?) of The New World Order It needs to be opposed at
ended for Executive Outcomes in 1 997, when the Si every turn
erra Leone government was forced by the World Bank
Our address IS
Peace Researcher
P,O, Box 2258
C hristchurch
Aotearoa/New Zealand
a-mail: calca@chch.planetorg.nz
Total: $ _______