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The SIS Cockup Patchup Bill

(see page 2)

The Prime Minister, Jenny Shipley, and Labour leader Helen Clark of the Intelligence
and Security Committee: "If it ain't legal, change the law."

In this issue: �
• The SIS Cockup Patchup Bill 2
• ABC's submission on the Security Intelligence Service Amendment Act 5
• Secret European Plan to tap all mobile phones - Is NZ involved? 7
• Is your computer being used to spy on you? 8
• Intelligence agencies and the toothless Privacy Act 9
• The Navy Ski-Hercules Squadron is gone 11
• New book lifts veil on Nurrungar - US spied on
Australian Anti-Bases Movement 12
• Update from Britain 14
• ABC submission to the Intelligence and Security Committee 15
• CIA Briefs - Unlaundered! 19
• Philippines - Toxic legacy from US bases 20
• The dirty world of the SAS 21
• Bits and Pieces 23
• Remember the United States Information Agency? 24
The SIS Cockup Patchup Bill
Murray Horton

Highest Court Rules SIS Has Been such power retrospective (with the exception of Aziz's
case). The so-called intelligence oversight body, the
Breaking The Law For 30 Years Intelligence and Security Committee (which must
never be confused with a Select Committee, because
The December 1 998 decision by the Court of Appeal it very deliberately isn't one), suddenly found a new
that the July 1 996 Security Intelligence Service (SIS) lease of life (its 1 998 annual report to Parliament had
break-In at the Christchurch home of Aziz Choudry been "nothing to report") and the 1 998 SIS
was illegal really set the cat among the pigeons. The Amendment BW was introduced into Parliament Just
full bench of the country's highest court overturned the before Christmas, with submissions due in by the end
August 1 998 finding by J u stice Panckhurst that the of Jan uary 1999. This is a very old trick. National,
1969 SIS Act, and subsequent amendments, gave the Labour, ACT and the various mercenaries voted for it,
spies an implicit right to covertly break and enter only the Alliance, the Greens and Independent Neil
premises In the execution of their interception Kirton voted against it Rank and file Labour supporters
warrants. Instead, the Court of Appeal accepted the felt totally betrayed by their Parliamentary party.
argument by Rodney Harrison QC, Aziz's lawyer, that
New Zealand law is explicit, not implicit, ie, if The Court of Appeal decision and the NatLab cynical
something IS not specifically permitted by law, then it is reaction (retrospectively legalising burglary by the
illegal. The judges could find nothing in the 30 year old buggers) touched off a storm of public protest For
Act that permitted break-ins. This exposed the years, law and order supporters have always
untenable position of the Inspector-General of supported each erosion of civil liberties by j ustifications
Intelligence and Secunty (Laurie Greig). He had ruled, such as "the innocent have got nothing to fear" or
In response to Aziz's official complaint, that "nothing "what have you got to worry about if you've got nothing
u nlawful" had taken place, whilst never actually to hide?". But this whole saga strikes at one of the
confirming or denying that the SIS was in any way foundations of the Kiwi Way Of Life - home ownership
involved. Greig h a s since written to Aziz admitting that, and the inviolable sanctity of private property. It
in light of the Court of Appeal decision, he was wrong. became a mainstream issue, featuring extensively in
the media (including numerous cartoons) and in
That was Aziz's appeal. The SIS had also appealed everyday conversations in homes and workplaces
Justice Panckhurst's finding that he was not prepared throughout the country. It was no longer just a political
to accept a blanket defence of "national security" as activist with a foreign name up against an obscure
good enough reason to withhold from Aziz a large State agency; people realised that this could very well
number of documents (including the interception be them next time. The hypocrisy of the Government
warrant) needed to pursue his $300,000 civil damages legalising State burglars whilst simultaneously
claim against t h e Crown (arising from the break-in). fulminating about "home invaders" was not lost on
Panckhurst had specifically rejected a certificate people either.
signed by Jenny S h ipley, Minister in Charge of the SIS
(it's always the P M ) asserting immunity from producing
the documents. Panckhurst ruled that he wanted to
S u bmissions Against The B i l l
inspect the documents for himself, at the SI S's
Christchurch office, before ruling on their release. Rod Donald, Green MP, launched a petition calling for
Even this was too much for the SIS. The Court of the Bill to be scrapped. Despite being launched right
Appeal ruled that Shipley be given until February 1999 on Christmas, and having only until February to get
to produce an a m ended certificate with more details on around, it got over 7,000 signatures. The Intelligence
why the documents should be withheld; then it would and Security Committee (Shipley, Don McKinnon, Sir
rule on whether or not they should be released. This Douglas Graham, Helen Clark and Mike Moore) heard
amended certificate was duly produced and was the public submissions in February 1999. It refused to
subject of a further Court of Appeal hearing, in April travel outside Wellington, meaning that those who
1 999. Once again, decision was reserved. The judges, wanted to personally appear had to travel there at their
In their December 1998 ruling, were quite scathing in own expense for their few minutes in front of the bored
their opinion of the Crown case. Justice Thomas said: senior politicians who had already made u p their
"The Courts today are not prepared to be awestruck by min'd s. But the Government was quite happy to fly out
the 'mantra' of national security". Dame Stella Rimington, former head of Britain's MI5
(at a cost of over $18,000, paid for out of the SIS
Although the Crown announced plans to appeal the budget) to tell the Committee how vital it is for spies to
ruling regarding turning over documents, it decided not have the power to break and enter. To their shame,
to appeal the ruling declaring all SIS break-ins illegal. former Labour PMs, David Lange and Sir Geoffrey
Instead, the Government, with the connivance of Palmer, both testified ,' n support of the BilL Don Mclver,
Labour, decided to rush through a Bill giving the SIS Director of the SIS, testified that it had foiled n uclear
explicit powers to covertly break and enter, and making terrorists and was on the lookout for Islamic terrorists

Peace Researcher 18 - Page 2 - May 1999

targeting U S embassies in "soft" countries, None of report calling for an inquiry into the SIS, before
which explains what his agents were doing in Aziz's Parliament allows any increase in its powers,
house during a 1996 activity opposing an APEC Trade
Ministers' Conference, No plutonium was found in his
laundry cupboard and despite being Pakistani, he is Government Does A No. 2 On Us
definitely a lapsed Muslim.
The SIS Amendment Bill was duly rushed into law, in
The vast majority of submissions opposed all or part March, Labour's Michael Cullen said it was always
of the Bill. Of the latter, some wanted the power to Parliament's understanding that SIS officers had the
issue interception warrants transferred from the PM to right of entry, "It's hard to u n derstand how any
a Judge (both Lange and Palmer strenuously opposed intelligence agency anywhere i n the world could
any involvement by judges, This whole saga has operate without some limited form of entry right It's in
become a very interesting constitutional battle the nature of the work they do" (Chris/church Press,
between the Executive and the judiciary), Many 2 6 March 1999), But substantial doubt was cast on
submissions pointed out the danger of allowing the that retrospective assumption by David Small, the
SIS to covertly enter and seize "things" (the actual man who had caught the SIS agents at Aziz's house,
wording of the Bill), This gives them the power to back in 1996, David wrote to the Crown Law Office
cripple organisations by legally stealing the likes of asking for the earliest dated legal opinion that an
computer discs or other documents such as interception warrant e mpowered agents to break into
membership lists, financial records, etc, There is no private homes, Back came the answer - September
obligation to return them, produce them in court, or in 18, 1996 - Le, after the Choudry break in, and nearly
any way acknowledge that the SIS are the thieves, 20 years after the 1977 SIS Amendment Act cited
Don Mclver, the SIS Director, reinforced this fear by throughout as the legal j ustification for SIS break-ins,
stating, in his submission, that computer discs are
exactly the sort of "things" the SIS would be targeting, The Governmeht obviously had misgivings about the
Maori organisations were concerned about being the whole thing, too, I n March 1999, it introduced the SIS
targets of State spying, That's not mere hypothesis Arnendment Bill (No,2), once again with Labour's full
either - a December 1998 sweep of the Maori Legal support, Submissions were set down for May, with No,
Service's Wellington office revealed that phone calls 2 to come into effect in midyear. It changes a n u mber
were being intercepted (media coverage of this was of things - for instance, the PM can no longer solely
silenced by threat of legal sanctions under the authorise interception warrants against New
I nspector General of Intelligence and Security Act), Zealanders in the domestic context These warrants
have to be co-authorised by the newly created
SomE' submissions went way beyond calling for Commissioner of Security Warrants, who must be a
amending or scrapping this Bill. They called for the retired High Court judge Oust what the country needs,
scrap ,ing of the I ntelligence and Security Committee, more warrant officers, The I nspector General is or was
and fqr the abolition of the SIS itself (see ABC's a High Court judge - his performance fills us with no
subm ';sion below), confidence that yet another one will make any
difference), But, in a huge loophole, the P M can solely
Subm ;sions were heard in Wellington over two days, authorise warrants against New Zealanders with
There Nas a protest outside Parliament (Aziz was one "foreign" connections, whose activities "endanger New
of the 3peakers) and, in Christchurch, more than 100 Zealand's international or economic wellbeing", The
peoplE marched to the "secret" SIS office (which was new Bill tightens up the definition of "thing" used
well g larded by police), where there was a rally throughout the original Bill and claims to bring in
outsid, , in the middle of the street, and a protest safeguards to warrant procedures, Aziz Choudry
bannel was hung from the top of the building, I accurately described it as weasel words and "window
presenred the ABC's submission, by megaphone, to dressing", Shipley assured protesters against APEC
the raiL, One third of the total submissions had come that they would have nothing to fear from the SIS, To
from C h ristchurch, but the Intelligence and Security which, Aziz replied: "Why would anyone expect me to
Committee refused numerous requests to come to believe them?" (Christchurch Press, 17 March 1999),
Christchurc h , So Christchurch organised its own
hearings, in front of local worthies including the C h ristchurch people produced a wonderful little
Chancellor of the University of Canterbury, the booklet entitled "The Whoppa Book of SIS Fairy Tales:
Cathoi'l c Bishop, the Human Rights Commissioner The Gospel According to Jenny a n d Helen", It was
(Southern), the national co-president of the read aloud by David Small (good practice, as he's
Conference of Churches, a Ngai Tahu representative, recently become a father) at a March protest outside
a Canterbury Regional Councillor and wellknown the C h ristchurch office of the SIS, The demo also
writer and lawyer, AK. Grant Several local OppOSition featured the delivery to the SIS of a large bag of house
MPs also attended, These very busy people were all keys, to save them the trouble of breaking in, The
prepared, at less than a week's notice, to give u p book of fairy tales concluded about the new Bill that:
several hours of their time t o hear C h ristchurch
submiss' l ons (the City Council was happy to make the • The SIS will still be given the power to break into
h istoric Provincial Chambers available for the people's homes,
hearing), This eminent persons group produced a • This power will still be backdated to legitimise the
SIS's history of illegal activities, even before 1977,

Peace Researcher 1 8 - Page 3 - May 1999

• The inadequate complaints procedures remain opposing an APEC Trade Minister's Conference, the
untouched. SIS Amendment Bill and other new laws (such as the
• The definition of security to include the country's Arms Amendment Act, which allows foreign
"international or economic well-being" remains. bodyguards to bring their guns into the country) are
• As long as the SIS alleges foreign influence, the being rushed through as part of the security
Prime Minister alone can still sign interception clampdown accompanying New Zealand's hosting of
warrants all APEC meetings in 1999, climaxing in the
• Individual New Zealanders can still be placed September Leaders' Summit in Auckland The media
under SIS surveillance at the discretion of the is pouring out the propaganda - on the one hand, the
Director of the SIS. highly dubious claim about how marvellous these
• Devices and equipment other than listening APEC meetings will be for New Zealand (including a
devices can still be planted in people's houses travelling road show of "celebrities" whose Job it is to
(press release, 23/3/99). "sell APEC") and, on the other, how the biggest
security operation in New Zealand's history is needed
And chinks are starting to appear in the wall of official to protect all these VIPs from "terrorists" and
secrecy around the Choudry break-in. Helen Clark, protesters
Leader of the O p position, told North and South (April
1999) that the SIS broke into Aziz's house not to spy For example, throughout March, the RNZAF
on him but "foreign visitors". The only foreigner he had conducted helicopter night flying exercises qver the
staying with him at the time was Dr AleJandro Villamar Canterbury Plains. "The RNZAF has a requirement to
Calderon, a Mexican speaker at the 1996 Trading provide daylnight counter-terrorist capability for
With Our Lives conference. One problem with Clark's government. This is necessary for any contingencies
story - the warrant used to authorise the break-in was that may arise during APEC" (Press, 13/3/99; public
dated September 1995; Aziz didn't meet Alejandro notice). The specific point of this exercise was to
until November, and it wasn't until December 1995 practice landing Special Air Service (SAS) troops at
that GATT Watchdog invited him to NZ. The New night. In February, Judge Louis Freeh, the Director of
Zealand Herald ran a front page headline: "Secrecy the FBI, visited NZ to meet the PM, the Commissioner
slip by Clark h a s SIS fuming" [18 February, 1999]. of Police and the Director of the SIS, to discuss APEC
We're sure there are plenty more j uicy revelations to security In Auckland, an RNZAF lroquois helicopter
come in this most fascinating of stories. has been systematically checking city high rises, such
as the Sky Tower, for their usefulness to would-be
The APEC Clampdown snipers. All police leave has been cancelled; court
cases postponed; public access to certain areas
Of course, the SIS break-in at Aziz's house and restricted; public roads will be closed for motorcades;
everything that has happened since has not student holidays rearranged to get them out of town,
happened in a vacuum. It has all taken place in the cops will be carrying guns; a Navy decontamination
general context of free trade/foreign unit will be on standby in case of a chemical weapon
investmentig lobalisation being the prevailing attack. And so on, and so forth.
ideological orthodoxy, and the specific context of New
So, fasten your seatbelts everybody, it's going to be a
Zealand's gungho membership of APEC. The break­
bumpy old ride. And you'd better wear your g umboots.
in took place d u ring GATT Watchdog's activities
Very handy for wading through all the bullshit.

Peace Researcher 1 8 - Page 4 - May 1999


The Anti-Bases Campaign is primarily concerned with Apparently not Once again, the Choudry case (which
the Govern ment Communications Security Bureau precipitated this Bill) provides the clue - the SIS
(GCSB), which operates the Waihopai spybase. We defines those who threaten New Zealand's
have lodged a petition and su b mission before this " international andlor economic wellbeing" to be
same Committee calling for the GCSB to be abolished individuals and groups who actively oppose the
and both Waihopai and Tangimoana to be closed (see Government's economic policies and the prevailing
elsewhere in this issue. Ed). But we also have more ideological orthodoxy. This is exactly what was
than a passing interest i n the Security Intelligence forecast in 1996 when submissions were heard on the
Service (SIS), and have no doubt that the attraction is last attempt to give some legitimacy to this bunch of
mutual We made a submission in 1996, the last time bungling burglars. Thus, the SIS is to be the private
the Government, with the connivance of Labour, tried police force of the Government, to spy on and flarass
to cobble together legislation "bnnging our spies into its political opponents.
the post-Cold War world".
Let's turn to the specifics of this 1998 Bill (the
We can see ne reason for the SIS to exist now, if Christchurch Cockup Patchup Bill). At the outset, the
Indeed there ever was one. It is useless, dangerous, a ABC wants to say that we support the Shipley
waste of public money, and an anachronism in this day government, in at least one area. We entirely agree
and age. The words "intelligence" and "security" are that home invasion is a despicable crime whose
misapplled in the Bill's title - the New Zealand public perpetrators are deserving of the full force of the law.
has seen precious little evidence of either. Every other Why then is the same Government rushing through
organ of the State has been restructured, legislation allowing a privileged elite of burglars
corporatlsed, flogged off or closed down. So why not impunity to invade any home the Government deems
add the SIS to the list? What's so special about it? This fit to so violate? The Bill does not address a critical
IS one cut In Government spending which would be grey area - what happens if the householder confronts
both fully Justified and popular one of these SIS home invaders? Will they identify
themselves and say "Don't touch me, I ' m on high
Judged even in its own terms, the SIS is a failure. This affairs of State"? Will they make a run for it without
ill considered and hasty Bill (being rushed through identifying themselves? How is the householder
under cover of the silly season, as usual) is the expected to identify these intruders and is slhe in legal
Government's respons.e to the Choudry case. What jeopardy if slhe uses reasonable force to a'pprehend
have we gleaned from that case? That the SIS can't these home invaders? It must be said that we don't
even pull off a routine covert break-in without being agree with the more excitable commentators who
caught and traced. Presumably, considerable sums of advocate deadly force against home invaders, not
taxpayers' money are spent training intrepid SIS even SIS agents (after passing the first Bill, the
agents for Just such operations. This outfit couldn't Attorney-General, Sir Douglas Graham, said that he
organise the old proverbial in a brewery. Pension them would consider an amendment proposed by Alliance
off. They'll have no trouble getting work in the benefit MP, Matt Robson, requiring SIS officers breaking into
fraud squad or some other Government spy agency. houses to have to carry ID cards. So that's' all right
then, isn't it? Ed.).
Who is "the enemy" that the SIS is guarding us from?
Terrorists? Where was any evidence of its The Bill authorises the SIS to break in and legally steal
"Intelligence" or "security" when real foreign State "things". This is a breathtakingly broad field. Does this
terrorists attacked this country in 1985? The "Rainbow mean that the next time Mr Subversive can't find a
Warrior" killers were caught by good old fashioned letter in his office, he should assume that the SIS has
police work, not by any covert agency. The 1996 Act paid him a visit? Mind you, on h istorical precedent, it's
broadens the scope of the SIS to include those more likely to be his copy of Penthouse that will be
threatening New Zealand's " international andlor seized. This power of legalised theft bestows on the
economic wellbeing". And who might they be? SIS the power to cripple an organisation, by seizing
International currency speculators? Transnational (and, unlike the Police, having no legal obligation to
corporations exporting vast profits whilst laying off produce in court or return to its rig htful owners)
thousands of Kiwi workers? Corporate tax dodgers? computers, correspondence, membership and
The Business Round Table and the Employers financial records. This authorises the SIS to carry out
Federation? C h ilean orchardist, stealing our apple covert dirty tricks operations of the kind made
cuttings to wreak havoc with our fruit exports? infamous by Richard Nixon and the Watergate

Peace Researcher 18 Page 5 - May 1999

burglars We strongly suspect that this power will be That's not to say that there isn't such a thing as
used to try and hamstring groups campaigning against effective oversight We need look no further than
this year's APEC meetings throughout NZ; to suppress Australia In the 1 970s. The then Attorney General, the
dissent and prevent the Government from being late lionel Murphy, feared that the Australian Security
embarrassed while the eyes of the world are upon it I ntelligence Organisation
(ASIO, the equivalent of the SIS) was not giving him
Instead of trYing to retrospectively cover up SIS accurate Information about the likelihood of Croatian
blunders and illegalltles with this Bill, we urge you to fascist terrorists, resident in Australia, trYing to
take the bull by the horns and abolish the SIS. And assassinate the Yugoslav PM during a forthcoming
while you're at It vote your committee out of a job too. State visit So Murphy did something unheard of· - he
The Intelligence and Security Committee is a joke as led a March 1 973 police raid of ASIO's HQ to inspect
far as any oversight of the SIS goes. like the British their files for himself. We look forward With 'eager
committee you are modelled on. you are entirely anticipation to this happening In Stout Street (515 head
dependent on the agency you are supposed to be office, 111 Wellington. Ed.).
overseeing for the Information you need to "oversee" it
There IS no Independent means of auditing SIS If it is felt that some of the functions of the SIS need to
operations. As for the Inspector-General - that office is be retained, then give them to the Police. Their
equally Ineffective The present occupant ruled, on Aziz warrants. powers of entry and whole operational scope
Choudry's official complaint, that "nothing unlawful" had are subject to regular perusal by the courts There is
taken place, whilst never confirming or denying that the some accountability involved with the Police, as
SIS was involved in the break-in, 80 much for the opposed to none with the SIS (but, no, we're not
"proper channels"l If Aziz hadn't taken civil action, at his advocating the setting up of a Special Branch within the
own expense, the Court of Appeal would not have had Police. Overseas experience shows that they are as
the opportunity to rule that, in fact, everything about this bad as the spy agencies), On the whole, however,
SIS break-in was unlawful and what's more that the Act situations such as this will keep cropping up (and
which "governed" the SIS for 30 years gave them no needing makeshift legislation to repair them) as long as
right to covertly enter anyone's property. Where was the SIS exists, So, the ABC's recom mendations are
the oversight of the 1 969 SIS Act? It had never been simple'
put to the test and as soon as it was, it was deemed to
be fatally flawed and illegal, Scrap this Bill! Abolish the SIS!
Disband the ISe!


11/ ! '
1:1; I,


Peace Researcher 18 - Page 6 - May 1999

Is New Zealand Involved?

A fascinating Reuters story, from December 1998 lines of tomorrow, just as they tap analogue phone
["Europe readies police techno-surveillance law", lines now. Ironically, in September 1998, the European
by NiaJ/ McKay), raises some very interesting Parliament called for accountability of Echelon, the US
questions about whether New Zealand is involved National Security Agency's spying network that is
in the international agreement detailed below, Ed, reportedly able to intercept, record, and translate any
electronic communication - telephone, data, cellular,
"United States, Canada, New Zealand, and Norway, fax, email, or telex [Echelon is the system first exposed
agreement allows authorities to conduct telecom in Nicky Hager's landmark 1996 book, "Secret Power".
surveillance across international borders, according to Ignored by politicians and media in New Zealand, it
a Europol document leaked to members of the has created a sensation throughout Europe. Edj.
European Parliament [Europol is the European police
agency Ed] " U nder European law, representatives of each
member nation can pass legally binding resolutions.
"The European Union is quietly getting ready to Further, the resolutions don't require the approval of
approve legislat on that will allow the police to either the European Parliament or the individual
eavesdrop both cn Internet conversations and Iridium parliaments of EU members. Many European
satellite telephone calls without obtaining court Parliament members are outraged that the Council of
authorisation [Iridium satellite phones got extensive Ministers has been acting in secret. They are
free publicity from sponsonllg Peter Hillary's illfated especially concerned about the inclusion of non-EU
and illtempered 1'198/99 trek ''a the South Pole, Ed.j. narlons in the agreement. Patricia McKenna, a
representative for Britain's Green Party, is requesting
"The legislation is part of a m Jch wider memorandum what she described as an 'open debate on the crucial
of understanding ')etween th', E U , the U nited States, and far-reaching measures, with enormous potential
Canada, New Zelland, and Norway, a non-member impact in the realm of privacy'. Another member of the
European nation, , hat agreement allows authorities to European Parliament believes that the so-called
conduct telecom surveillan::e across international 'u pdate resolutions' will have staggering implications
borders, accordirr) to a Eur' , 'pol document leaked to for personal privacy. "This legislation is not just a
members of thE' European Parliament. "Secu rity technical update", said Johannes Voggenhuber, an
measures are oftEl necessary in the cases of Austrian representative for the European Parliament.
terrorism or orgar sed crime, ' said Glyn Ford, liijiiii "It places
carrier to
the onus
on the telecommunications
a watertight back door to
a member of the r uropean Parliament for the
British Labour Party and a di'ector of the EU's police".
Civil Liberties and 'nternal Aifairs Committee,
"But what we need is some ',;ort "The European Council for General Security
control. It seems '.0 me Unt many secu rity prepared the amendment with technical
services are a law unto themselves". assistance from the FBI, according to the
Europol document leaked. The four major
"That will presumabi'/ be a topic of discussion when the satellite telephone operators - Iridiu m , Globalstar,
European Council lA Ministers meets behind closed Odyssey,and ICO - will be required by the law to
doors to update a 1S195 wiretap agreement known as provide access to European law enforcement through
the Legal Interceotion of Telecommunications ground stations in France, Italy, England, and
Resolution. If appruved, it would permit real-time, Germany. It is unclear how the memorandum of
remote monitoring or email, as well as of calls placed understanding will affect U S citizens. "I find it very hard
on satellite teleph ne networks such as those to believe that a fore'l gn nation - any foreign nation -
maintained by Iridiurr and Globalstar. Unlike most laws could eavesdrop on U S citizens," said John Pike, a
m Europe, the agreement will allow law enforcement to
security analyst with the Federation of American
listen in without a court order. Scientists. "It's one thing for the FBI to try and track
terrorists across international borders, but it's entirely
"ThiS IS a US export," 3aid Marc Rotenberg, director of another to let Europeans tap US citizens' telephones"
the Electronic Priva,:y Information Center. "It's a
European version of iile Communications Assistance "The FBI would neither confirm nor deny any
for Law Enforcement �ct". That act, passed in 1 994, relationship between the United States and the other
was mtended to alloVl law enforcers to tap the digital nations involved in the memorandum of

Peace Researcher 18 - Page 7 - May 1999

understanding. However, Rotenberg said such as to whether NZ intelligence agencies seek to turn
provisions are already in place under the 1 994 personal computers into spy stations, as do their
Communications Assistance for Law Enforcement Australian counterparts. See article elsewhere in this
Act. While the new European law is being sold to EU issue. Ed.). But regardless of whether or not New
member states as a means of combating what the Zealand is involved, this plan represents a very
legislation calls 'serious and organised' crime, there is alarming extension of State international
no clear definition of this phrase. 'It simply concerns phonetapping powers, and even more ironically. it's
any punishable offence," said Tony Bunyan, director being rammed through by the very political body that
of Statewatch, a European civil liberties group" , recognised the dangers posed by the covert State
spying unmasked In Hager's book. If it's happening In
This story was the first time ABC has seen a mention Europe, then it will be happening here in the near
of New Zealand involvement A similar article in the future, if not already
Observer [6 December 1 998; "Secret plan to tap all
mobile phones" by Duncan Campbell) .

State watch is an excellent European publication
named the non-European countries involved as the available from Box 1516, London N16 OEW, UK.
US, Canada and Australia. ABC asked the Ph (0044) 0 18 18021882; fax (0044) 01811727, e-mail
Government about it - the first response was statewatch-off@ge02. popte/.
Ignorance and then, in March 1 999, a letter from the
Minister of Foreign Affairs and Trade denying any New
Zealand involvement (as opposed to Shipley's "neither
confirm nor deny" answer to ABC's inquiry ++++++++


Shipley Will Neither Confirm Nor Deny

Don't laugh, it's n o joke Read the following story from "Mr Walsh warns that widespread use of PC-based
The Australian ( 1 3 January, 1999; "Secret plan for data scrambling is a big concern for law enforcement.
spies to bug PCs"): "Personal computers would Criminals were already using computer encryption -
become police spy stations under secret proposals put programmes that encode data so it cannot be
to the Federal Government by a former deputy director intercepted - to prevent police from mOnitoring
of the Australian Security Intelligence Organisation phonecalls and e-mail. Widespread encryption to
(ASIO, the equivalent of the NZSIS). The Australian scramble sensitive data would make crimes harder to
Federal Police, ASIO and the National Crime Authority prove in court, Mr Walsh warns. 'The principle of non
would be empowered to alter software to turn PCs into self-incrimination may well represent the polite end of
covert listening devices, according to the 1996 report the possible range of responses,' the report says.
by one-time spy chief Gerald Walsh.
"Mr Walsh's plan would clear the way for police to
"The report also recommends changes to the eavesdrop on computer conversations at the source.
Commonwealth Crimes Act to allow police and A 'target computer may be converted into a listening
Govern ment investigators to hack into computer device' that could seek out passwords a n d other
systems for evidence. While Mr Walsh called for private communications without the PC owner's
public discussion of his proposals, the report was knowledge. EFA spokesman Greg Taylor said
withdrawn by the Attorney-General's Department. author 'lties might set up Trojan horse software that
would record all PC activity, including passwords and
But a copy of the 96-page document was obtained last e-mail, before encryption. 'If you have access to
week by Internet privacy campaigners Electronic someone's PC and you change their software you can
Frontiers Australia (EFA) .. .A spokesman for Attorney­ do anything you want,' said Mr Taylor. 'If it's connected
General Daryl Williams confirmed last night that Mr to a network such as the Internet the P C could
Walsh's recommendations were under discussion but transmit data to another site' . . . "
the report was 'Just one element' of policy being
considered. He would not say whether the This proposal to turn home computers into spy
controversial recommendations would be acted stations was discovered purely by chance. "A Hobart
on through legislation. un iversity student has unearthed secret Federal
Government plans to let Australia's top spy agencies
hire computer hackers to break into the PCs of

Peace Researcher 18 - Page 8 - May 1999

suspects. Former Hutchins student Nick Ellsmore ABC wanted to find out if any such proposals existed
stumbled on the plans in the State library in H obart. in New Zealand and wrote accordingly to Jenny
The 1 9-year-old information systems and Shipley, the M i nister i n Charge of the Security
management student was researching an Intelligence Service (and of the Government
assignment on Australian cryptology restrictions Communications Security Bureau, although you
when he found the secret Government report. . . won't find that title in any Ministerial portfolio). Shipley
replied: "I am not prepared to say whether or not the
"Uncensored copies of the Walsh report were NZSIS or the GCSB has sought covert access to
Inadvertently sent to university and state libraries personal computers in New Zealand on the grounds
around Australia before Canberra banned its that to do otherwise would prejudice the security of
publication for reasons of 'national security, defence New Zealand" [letter to ABC, 4 March, 1 999]. Draw
and international relations'. Aware of the background your own conclusions
to the Walsh report, Mr Ellsmore immediately alerted
pnvacy campaign group Electronic Frontiers Meanwhile the SIS is making sure that it doesn't
Australia to his discovery, which posted the inadvertently bug itself. How? By ensuring staff don't
unabndged report on its Internet site and sparked a take their Furbies with them into areas where
national media sensation. 'I found i t i n the l ibrary sensitive material is kept, as Furbies (high tech toys)
about a month ago - it had been sitting there since contain a chip allowing them to mimic speech. So if
the first print run in about October, '97,' he said from you come home and find no other sign that your
Sydney yesterday, still shocked by his find. His house has been broken into, except for a cute toy
discovery comes as a major embarrassment for the you don't remember buying - it could be the SIS's
Federal Attorney-General's office , which is now cunning new bug. The new SIS Amendment Bill
scrambling to find if any other top secret reports have constantly refers to their right to covertly enter
accidentally been released to libraries" (Hobart premises to install "things" - could Furbies be those
Mercury, 1 5/ 1 /99; "Student exposes spying plans"). very things?

Intelligence Agencies and the

Toothless Privacy Act
Bob Leonard

The Pnvacy Act does not and never will protect the questions to address to Mr Slane in that meeting (the
privacy of your communications from the prying ears end notes refer to relevant sections in the Review
of the GCSB. The Government Communications document):
Security Bureau (GCSB) has no enabling legislation
of its own ( u nlike the SIS). I t simply exists by 1. There is no significant discussion of I PP-4 in the
government edict (since 1 977) and can spy on your report. Does this mean that the Privacy
electronic communications to its heart's content. Commissioner is not concerned that intelligence
Neither the Privacy Act nor the Privacy organisations may use illegal means to gather
Commissioner can have any real impact on spying personal information on New Zealanders?
and violations of your privacy of communications.
2. How can privacy violations by the GCSB be
Privacy Commissioner Bruce Slane published his complained about or dealt with at all? 'Its spying
review of the Privacy Act 1 99 3 as a weighty tome is completely secret and beyond effective
entitled " N ecessary and Desirable" (November oversight for at least two compelling reasons: a)
1998). The full report runs to 435 pages and ABC the sheer volume and complexity of the
bought it because of its coverage of the role of i ntercepted communications, and b) the
intelligence agencies in privacy issues. ABC had D irector of the GCSB has exclusive control of
made a submission to Mr Slane primarily on the access to i nformation held by his agency'
exemptions of intelligence agencies from certain
Privacy Principles. We were disappointed and a little 3. The GCSB and the Prime Minister have refused
surprised that our concerns about exemptions from to define "domestic" as it applies to spying on
issue of the I nformation Privacy Principle 4 (lPP-4) our international communications. Does the
were not dealt with in the report in any way. Commissioner accept the GCSB assertion that
"Personal information shall not be collected by an their "activities have little or no impact on the
agency by unlawful means . . " says IPP-4.
. privacy of New Zealanders" in view of this
We had a chance to discuss th',s with Mr Slane in
person at a briefing on 20 January 1 999 in
Christchurch. We prepared the following five

Peace Researcher 1 8 - Page 9 - May 1999

4. How can anyone. i n government or otherwise, The Privacy Commissioner introduced the volume of
control the flows of spy data out of New Zealand Intelligence Organisations Submissions with the
from the GCSB? The agency operates as an following quote:
integral member of the UKUSA community of five
nations whose systems of data transfer are " I t is the essence of a free society that a balance is
extensively interlinked and automated? ' struck between the security that is desirable to protect
society as a whole and the safeguards that are
5. How can the Inspector-General of I n telligence necessary to ensure individual liberty."
ensure compliance with the laws of New Zealand -Justice Brennan, Alisterv The Queen ( 1 984) 58 ALJR
when intelligence organisations are specifically 97, 1 1 8
exempted from parts of some laws, including the
Privacy Act?' ABC entered into the review of the Privacy Act wah
considerable optimism that this was a mechanism by
At one point i n the discussion, Mr Slane made one which some of the evils and excesses of the GCSB
possible concession to our concerns regarding I P P-4. and the SIS might be addressed and corrected. We
He suggested it m ight be possible to include were dead wrong. Our concerns were barely
intelligence organisations in that PrinCiple and then addressed, particularly with respect to the GCSB,
leave it to the I nspector-General to oversee legal use which considers its activities to be irrelevant to privacy
of the information. Mr Slane did not make that issues. Our Government is far from striking the
suggestion in any formal context and it is easy to see balance referred to by Justice Brennan. We have
why. It would mean that the GCSB would have to use virtually no protection from spying by the GCSB and
legal means to collect its information (and satellite that situation is not likely to change under either a
spying is surely illegal under both national and National- or labour-led Government.
international law) and the information and its use would
have to be available in detail to the I-G. Section 27 of Endnotes:
the Privacy Act effectively precludes any such blanket 1 Privacy Act 1993 Review, p. 70: "I have no suggestions
disclosures to the I-G. So applying IPP-4 to the GCSB for amendment of principle 4 which was considered bymost
would require major changes in the Act and would submissions to have worked well." Peace Researcher notes
effectively abolish the GCSB. that a number of submissions to the Commissioner
recommended that IPP-4 should apply to intelligence
organisations. We disagree strongly with the
The discussion was polite but fruitless; the conclusion Commissioner's dismissive treatment of this issue.
is inescapable that the Privacy Commissioner cannot 2 Review, p. 224, 6.13.2: " ... there should be redress for
effectively i nfluence the all-powerful Government actions of intelllgence organisations which breach individual
Communications Security Bureau (GCSB) or the rights without justification, including the right to privacy."
Security Intelligence Service (SIS). The Government 3 Review, p. 228, 6.13.22: "The GCSB is a foreign
has made sure of that. No direct answers were intelligence organisation and, by defin',tion, our activities
provided to any of the above questions. These have little or no impact on the privacy of New Zealanders."
questions among others cut to the heart of the problem (from submission bythe GCSB)
with the GCSB - near total secrecy defies control and 4 ,Review, pp. 103-104,2.18.17: "The recommendations
oversight also suggest that measures should be taken to avoid data
being subject to automatic transborder communication
without the knowledge of the individuals concerned."
We have read all of the submissions on intelligence 5 Review, p 229, 6.13.27: "Two part',cular functions [of the
organ'lsations made under the Privacy Act Review (it is Inspector-General of Intelligence and SecurityAct of
available as a bound volume from the Commissioner). 1996] are to ensure that the activities of the agencies
There were 24 submissions, including ones from the complywith the law and the complaints relating to them are
SIS and GCSB and the I nspector-Ge�eral. I t is not independentlyinvestigated."
surprising that both agency d irectors were against 6 Sect 27 Security, defence, international relations, etc
bringing their spying activities under the control of IPP- (1) An agency mayrefuse to disclose anyinformation
4. requested pursuant to prinCiple 6 if the disclosure of
the information would be likely -
(a) To prejudice the securityor defence of New
Nicky Hager expressed the opinion that" . . . the heart o f
Zealand or the international relations of the
the problem of ensuring reasonable privacy is section
Government of New Zealand; or
27 of the Act . . This is the same wording as in the (b) To prejudice the entrusting of information to the
Official Information Act and also the same wording that Government of New Zealand on a basis of
restricts information being Provided on intelligence confidence by -
activaies to the I ntelligence and Security Committee of (i) The Government of anyother countryor any
MPs'" Nicky went on to say, "The effect of this agencyof such a government; or
wording in the Privacy Act is that virtually all (ii) Anyinternational organisation..
information relevant to privacy that is sought from
intelligence agencies can be withheld, with the result
that the Privacy PrinCiples 6 and 7 appear to be
rendered useless".

Peace Researcher 18 - Page 10 - May 1999

The Navy Ski-Hercules Squadron
is Gone
Bob Leonard

There it is in the flight data sheets we receive from I t even led to the avoidance since 1 987 of L yttelton
the Ministry of Foreign Affairs and Trade: Mission harbour by US ice-breakers which have used Hobart
LCH0 1 7 , Navy ski-Hercules XD-04 returned from instead.
McMurdo, landing at 1 804 on 1 7 February 1 999 at
Christchurch airport. The Herc was deployed to This self-imposed ban has always seemed pretty
CONUS (continental US), along with its sister ski­ absurd since the ships operate under the US
planes XD-03, 06 and 07, within four days and was Department of Transportation and have never been
soon to be scrapped in the Nevada desert (Press, 1 8 considered to be nuclear-capable, certainly not by
Feb 1 999) They were the last four Hercules of US NZ. But the US considers them part of the Navy and
Navy Squadron VXE-6. Three other Navy Hercules thus they supposedly fall under the "neither confirm
had been retired within the last 2-3 years. It was the nor deny" nuclear weapons policy.
end of 44 years of service to the US Antarctic
program. Of course that infamous policy has never stopped
the US Navy and Air Force from using Christchurch
Ski-Hercules will continue to carry cargo to the airport. The Starlifters a n d Galaxys and Hercules
Antarctic but they will be strictly US Air Force planes and various other US military a i rcraft involved i n
piloted by m e mbers of the New York Air National Operation Deep Freeze and in the
Guard (see PR-1 5). Their planes saw ice service militarylintelligence flights to and from Australia are
formerly in the Arctic supplying early warning radar never questioned by either government.
bases (the DEW Line) in places like Greenland. The
phase-in of the NYANG 109th airlift wing began way But they are all capable of carrying nuclear weapons
back in January 1 988 [see PR-17, first series]. They as cargo aircraft and continue to carry the neither
have returned in various numbers ever since and confirm nor deny policy to this day. This is just one
now have the whole show to themselves. There of the larger distortions of diplomatic logic dictated by
appear to be seven NYANG ski-Hercules used i n the bizarre realities of US-NZ relations. "The
recent years replacing a n equal number of operations manager for a civilian contractor that
Navy planes. provides support services for the US Antarctic
programme, Brian Stone, said it was logical for the
One of the retired Navy Hercules was rescued from ice-breakers to use Lyttelton as staging point
the Ice in the late 80s in a costly exercise i n terms of because all the other US activities were based in
both lives and money [PR-1 7, first series]. The plane ·Christchurch. " (Press, 1 6 Feb 1 999) ABC would
crashed i n a remote location i n 1 97 1 and was left prefer the reverse logic which would see all US ships
locked in the ice for nearly 20 years before the and aircraft banned from NZ territory.
unfathomable logic of the military mind led to its
recovery a n d lengthy rehabilitation in an Air New
Zealand hangar in Christchurch. Now it's headed for
the scrap-heap i n Nevada. Having been in the deep
freeze for so many years, one would think it would
still be in pretty good condition. But the relentless
pressure of the ice probably took its toll on the
structure of the buried plane.

Signs of a slight diplomatic, and even military, thaw

in relations between the US and NZ have appeared
in recent months, stimulated perhaps in part by all
the nostalgia over the Navy departure. Our nuclear­
free policy has long "iced" things up with our old ally
the US of A

Peace Researcher 18 - Page 1 1 - May 1999

US Spied on Australian Anti- Bases

Nurrungar is an Australian place name that is familiar West Cape, Nurrungar and Pine Gap), plus played a
to the Anti-Bases Campaign (although not as well leading regional role in regional anti-bases struggles In
known as Pine Gap). For decades, the US Air Force the Philippines and New Zealand. Throughout the late
channel flights, operating under the cover of providing 1 980s and early 90s, h undreds were arrested at demos
Antarctic logistic support for Operation Deep Freeze, at the Aussie bases.
have used Harewood to service both Nurrungar and
Pine Gap. That continues today, meaning that The most militant demo of them all was at N u rrungar.
Chnstchurch Airport is still being used as a key link in in September 1 989. H u ndreds of protesters entered
the chain of US intelligence gathering bases in the base ("stormed through the fences", according to
Australia. the Australian); four made it as far as the main
complex; over 500 were arrested. The then Labor
Nurrungar, near Woomera (central South Australia), is government had to call in 50 troops, the first time that
one of three ground stations which process a soldiers were used against civilians in Australian
continuous stream of data from US spy satellites. Their history, and the then Defence Minister, Kim Beazley,
Job is to detect missile launches anywhere in the world ordered a review of security at N u rrungar to reassure
and so, Nurrungar has a key role in American nuclear the US. It was th'l s demo that obv'l ously set the alarm
warfighting capability. Jeffrey Richelson is a name also bells ringing in the highest circles of U S intelligence
familiar to New Zealand peace activists. He is a and military. Des Ball, whilst saying that he knew
researcher with Washington's National Secu rity nothing of the secret investigation, said that he was not
Archives, co-author (with Australia's Des Ball) of "The surprised. "Nurrungar is the most im portant element of
Ties That Bind", and co-foreword writer (along with the whole US strategic early warning system. It is the
former PM, David Lange) for Nicky Hager's seminal only system in the world that provides immediate
book "Secret Power". Richelson has written a new warning for an attack on America itself, so if there is a
book - "America's Space Sentinels: DSP (Defense threat to it - if people are trying to break in - it could
Support Program ) Satellites and National Security". easily go all the way up to the US Joint Chiefs of Staff
and maybe even to the President" (Australian, 1 8/2/99;
This book is based on decades of once-classified US "Confidential: US spied on our peace activists over
documents secured under the Freedom of I nformation desert base").
Act Its release was a major news event in Australia -
the national paper, The Australian, gave it front page
lead status, plus an entire inside page ( 1 8/2/99). The ,Nu rrungar Is Central To US Nuclear
most interesting are the revelations (surprise, surprise) War Fighting
that the US spied on our good friends in the Australian
Anti-Bases C a mpaign Coa.lition
Force Office of Special Investigations undertook a That was not the only revelation about N u rrungar in
secret 1989 investigation of the AABCC and other Richelson's book. When construction was first mooted,
groups. The report was classified "CON FIDENTIAL in 1 969, the USAF was concerned about "political
NOFORN (Not Releasable to Foreign Nationals)". The hazards" of building "a large secretive installation in a
results of the report remain classified and it's not foreign country" (Australian, 1 8/2/99; "War role j ustifies
known if it involved covert operations. However, history's questions"). In the early 1 970s, US documents
Professor Des Ball, of Canberra's Strategic and record that the Nixon Administration thought that the
Defence Studies Centre, has no doubt that the Australian Liberal government was being too secretive
investigation would have involved extensive about Nurrungar's role, being primarily concerned with
cooperation with the Australian Security I ntelligence "its political consequences as the ruling party
Organisation (ASIO). Denis Doherty, AABCC confronted certain political realities in trying to conceal
coordinator, said that the book confirms the suspicions the purposes of a mysterious installation within its
of anti-bases activists that they had been spied on: boundaries" (Australian, 1 8/2/99; "Too secretive for
"Whenever we said anything about being investigated Nixon"). I n 1 974 President Nixon ordered the CIA to
we were accused of being paranoid. This confirms conduct a secret review of the US-Australian security
what we have always believed - that our phones were alliance, in light of the re-election that year of the
tapped and our demonstations monitored" (Australian, Whitlam Labor government (the role of American
1 8/2/99; "Anger as activists' suspicions confirmed'} intelligence in the 1 975 "constitutional coup" that
The AABCC organised a whole series of militant overthrew that government has been well
protests at all three major US bases in Australia (North documented). In the 1980s, the Hawke Labor

Peace Researcher 18 - Page 12 ' May 1999

government had to ask the US for help i n answering nuclear war fighting plans. Richelson says: "DSP
Australian questions about Nurrungar's role in the could only be considered to have no war fighting
proposed Star Wars project (which is still going, under functions if it was assumed that the system was
Clinton, albeit under another name). neutralised in a (Russian) first strike. Any system that
provided launch detection information d u ring the
And the book reminds us that Nurrungar is involved in course of the war would be used in conducting that
real non-nuclear wars. During the 1 99 1 Gulf War it war" (Australian, 1 8/2/99; "Confidential: US spied on
was directly i nvolved in failing to detect the launch of our peace activists over desert base"). Des Ball said:
an Iraqi Scud missile that hit a building in Saudi "In addition to being a warning facility, it's been critical
Arabia, killing 28 US soldiers and wounding more than to American war fighting capabilities. It's able to say
1 00 The relevant satellite relayed data to Nurrungar this missile has now been fired from its silo, redirect
that the Scud had been launched but, for unexplained yours over to these ones, and re-prioritise the whole
reasons, that data was not monitored by operators at American war plan. That's always troubled me, plus
Nu rrungar and it went undetected. "A secret US Air the fact that it's a nuclear target" (Australian, 1 8/2/99;
Force investigation into the incident concluded that: "ASIO was in on it, says top analyst"). And on the
'The overall result was that due to (a) worst subject of being a nuclear target, as recently as 1 99 1 ,
combination of events, this launch was not reported U S Air Force Space Command Intelligence Threat
(as a final missile warning report) by the composite Assessments discussed direct attacks on Nurrungar
(Defense S upport Program) system in spite of the fact by a whole array of Russian nuclear missiles and
that sufficient data existed for the detection and bombers.
reporting'" (Australian, 1 8/2/99; "N urrungar played
fateful role in Desert Storm tragedy"). You can bet Nurrungar is 29 years old, and due to close in 2000,
your bottom dollar that Nurrungar is heavily involved in rendered redundant by developments in satellite
"neutralising" Yugoslav anti-aircraft defences during communications. Richelson's book reveals just what a
the NATO aerial bl'ltzkrieg. central role that it has played, and continues to play, in
the American war machine. Our very own U S base, at
The book refutes the Australian government's claims Harewood, plays a key part in servicing Nurrungar, so
that Nurrungar and the DSP does not play a part in US this involves New Zealand as well.


Peace Researcher 18 - Page 13 - May 1999

Update From Britain
Melanie Thomson

We don't often print much detail in PR about peace proposed Menwith fence sounds a little like the security
actions and protests happening over in other parts of fence at our own little spybase, Waihopai "weld mesh
the world, but so much has been happening in Britain security fence topped with rolls of U S m ilitary
over the past few months that we thought you might like specification razor wire and 27 CCTV cameras". Just
to read about a few bits and pieces. goes to show that they really do have something to
hide . .
Li ndis Percy Jai led
The Menwith Hill Breach of Injunction/Byelaws case Bomb Accidentally Dropped a t USAF
against Lindis Percy, a well-known peace activist, went Fairford - OOPS ! !
ahead on 1 1 th March. The judge, Mr Justice lan April 8th According to the media office at USAF
Kennedy, sentenced Lindis to 9 months in Holloway Fairford, Gloucestershire, England, the Americans
(she was later moved to Highpoint prison in Suffolk - accidentally dropped a 500 pound Mark-82 bomb early
ironically, H M P Highpoint is an ex-RAF base ) . He this morning while transferring it from a tractor to one of
reimposed the six month suspended sentence she their B-1 B bombers. Roads around Fairford were sealed
received last April (also for trying to bring the Ministry of off around a four mile radius until the situation was
Defence police to account for displaying invalid Military 'under control', An American military spokeswoman was
Land Byelaws around the American National Security anxious to say that the bomb was not one of the cruise
Agency Spy Base at Menwith Hill) and he imposed a missiles being used by the American B-52's that are
further three month sentence for "ignoring order after also being used to bomb Kosovo but she was
order" not to enter the land known as RAF Menwith Hill. apparently u naware whether or not the dropped Mark-
82 contained any Depleted Uranium! According to her
Lindis has been living in dreadful conditions while in the Americans who dropped the bomb 'butter-fingered
Highpoint, and this has been impacting on her health. it' !
She has consistently declhed to be stri p-searched and
this has led to being puni;,hed in a variety of ways for The official Media Release dated THU, 08-APR-99
' breaking' prison rules, including being marched off to RAF Fairford, U K - A 500-pound, Mark-82 bomb was
the Segregation Wing WhE 'e she stayed for 24 hours in dropped on the f1ightline during a transfer-operation at
a filthy cell with a 'slop ou ' bucket, and having trouble RAF Fairford today. The incident occurred d u ring a
sorting out visiting rights a! d phonecalls. transfer operation from a tractor to a B-1 B bomber.
"We're in the middle of a safety investigation now to
Please send messages of ;upport to Lindis c/o-! determine the exact cause of the mishap, " said Master
The Governor, H M P High� lint, Sgt. Barry Morris, a weapons safety representative from
Stradishall, Newmarket EI/sworth Air Force Base, S.o., home of the B- IB
Suffolk CB8 9YG (Fax NC!01 440-823095) Lancer "Based on the information we receive from
'photos and interviews, we will determine the cause of
Women Protest Against War - Under the the incident and make recommendations so the incident
852s at RAF Fairford doesn't happen again, " he said. "The incident was
On April 1 6th three memt,ers of a Women in Black handled professionally, expediently, " said Richard
group - an international net vork of women opposed to Palmer, the safety officer from RAF Fairford. "It was
war - <:;limbed into RAF F, i rford U nchallenged the rectified in a minimum amount of time and no personnel,
women - Juliet Mc Bride, Si,'n Jones and Giulia Gigliotti military or civilian, were in immediate danger "
- climbed over two fence ! and walked towards a
number of parked B52s bombers. The women held u p According to base officials, residents in the local area
banners for twenty minutes - which read "Bread not were i n no danger, a n d all safety precautions were
Bombs", "NATO bombing will not help the people of taken to ensure no one was hurt The bomb received
Kosova", "NATO bombing dOllS not uphold international minor scratches, and was returned to the inventory.
law", and "Because we mourn the dead". They tied two
banners to the planes, des l ite the arrival of armed For further information:
American troops. There are some excellent web-sites around for
information about American m ilitary bases, British
Britis h/American BasEls - Security fences peace actions, etc. Some of these are . . htn
p o p p i n g u p ev erywhere ! !
I t seems that AmericanlBritish military bases are getting
hUp:llwww.wagingpeace.orglpeacelinks. html
a mite concerned at their sel urity being breached by hUp:llwww.cnduk org
those darned peac', activists ti' ne and time again. Since
the beginning of he year a ash of applications has
been received bl the conCE rned local bodies from Thanks to the CAAB newsletterlwebsite for some of the
Menwith Hill St, lion (York ;hire), Fylingdales (N. information for this article.
Yorkshire) and Mil 'enhall (Suf olk). A description of the

Peace Researcher 18 - Page 14 - May 1999

ABC submission to the Intelligence
and Security Committee
Bob Leonard

The lengthy item below is our submission in

"It was not until I had read [Nicky Hager'sj I
su pport of the "Abolish the G C SB" petition
(GCSB = Government Communications Security book that I had any idea that that we had
Bureau). You may find it a hard s log, but pity the been committed to an international
poor Inte l ligence and Secu rity Committee integrated electronic network. . It is an
members who, we hope, wi l l have to make some outrage that I and other ministers were
pretence of actu a l ly studying it before rejecting told so little, and this raises the question of
both the s ubmission and our request to appear to whom those concerned saw
before them in person. The text may look themselves ultimately answerable. "
fami liar to avid readers of Peace Researcher as it
is based on o u r artic le in issue Number 1 1 David Lange, from his Foreword to "Secret
(December 1 996) entitled "Is the GCSB a lawless Power" by Nicky Hager
agency?". We have modified (made more
forma l?) much of the text and updated it
considerably. We think it makes a good case
that the GCSB is indeed a bunch of outlaws and
it wi l l be hard for the ISC to dismiss it out of We were invited to prepare this submission by the
hand. It was s ubmitted in mid-February at the Intelligence and Security Committee in response to
invitation of the Committee. We have yet to hear a petition presented to the Clerk of the House i n
back from them. November of 1 998 b y Robert L. Leonard of the Anti­
Bases Campaign. Over 1 500 New Zealanders
signed the petition. Its main thrust , is to ask the
S u bmission on the Petition to Government to abolish the Government
Abolish the GCSB Communications Security Bureau. We thank the
by Robert L . Leonard, Anti-Bases Campaign
members of the ISC for this opportunity to submit
more detailed arguments i n support of the petition.
The Petition We would hope that this submission will lead to an
opportunity for one or more members of the ABC to
"Recogn ising t h e following facts: appear in person before the Committee.

• That the GCSB is a government spy agency Members of the ABC have read Nicky Hager's 1 996
outside the democratic control of the people and book, "Secret Power", in its entirety. We encourage
Parliament of AotearoalNew Zealand; members of the Committee to do likewise if they
have not already done so. The book speaks for itself
• That the GCSB exists primarily to serve the and there is little or nothing in the way of technical
intelligence interests of the U n ited States and detail that our group can add. We believe that any
Britain; informed discussion of the GCSB should include
thorough familiarity with the book and its impressive
+ That Waihopai can intercept your email, fax and range of meticulously researched information.
phone communications and is exempt from key
provisions of the Privacy Act and the Crimes Act; To our knowledge, there is no other comparable
research document available to the public i n
• That the spy stations at Waihopai and existence. T h e book has been acclaimed b y several
Tangimoana do not serve the interests of overseas signals intelligence authorities as unique
AotearoalNew Zealand and are a waste of and highly credible A Committee charged with
millions of tax dollars; therefore oversight of the GCSB should read every scrap of
information on international signals intelligence that
The signatories to this petition request the House of is available. Our reading of the Committee's
Representatives to abolish the GCSB and close its enabling legislation leads us to conclude that its
two signals intelligence bases at Waihopai and members are severely constrained in their ability to
Tangimoana immediately obtain, directly from the GCSB, i nformation about the
agency and its day to day activities

Peace Researcher 1 8 - Page 15 - May 1999

We seriously doubt that the current Prime Minister is 8 to 1 1 ). Principles 1 and 4.are particularly relevant to
any better i n formed by the GCSB about the GCSB our call to abolish the GCSB.
than was Mr. Lange (quote above).
Principle 1 states, " Personal information shall not be
As we have stated, we cannot add to the store of collected by any agency unless - (a) The information
available technical information in the face of the wall is collected for a lawful purpose connected with a
of secrecy surrounding the GCSB. Our submission function or activity of the agency . (emphasis added)

concentrates on the implications of signals

Intelligence activities, as we understand them, in the PrinCiple 4 states, "Personal information shall not be
context of the laws and fundamental rights that are collected by an agency - (a) By unlawful means " ...

supposed to protect the private commu nications of (emphasis added)

New Zealanders Frankly, that protection appears to
us to be a fiction given the powers of satellite and Section 57 of the Privacy Act thus appears to condone
radio signal interception in the hands of GCSB spies the conduct of unlawful or extra-legal acts by
at Waihopai and Tangimoana. i n telligence agencies - the GCSB and the SIS - by
excluding them from adherence to the relevant
The followin g text is presented under headings of principles in the act
relevant New Zealand legislation and related topics.
Although the primary focus is on the GCSB and the I n his recent review of the Privacy Act, Commissioner
Waihopai U nit, we object to the high frequency radio Bruce Slane stated that the Privacy Principles are the
interception at Tangimoana. Our concerns and heart of the Act, and has recommended that the
arguments apply equally to that Unit as well, except exemption of the GCSB and the SIS fwm Privacy
perhaps in some technical details. Principles 1, 5, 8 and 9 be removed from the Act
Both agencies have indicated that they would find
The New Zea land Bill of Rig hts Act those changes acceptable with minor caveats. But
the Commissioner failed to recom mend that the
( 1 990) exemption from IPP 4 be removed. Adherence to
Principle 4 would create operational problems for the
Section 21 ofthis act reads: "Unreasonable search two intelligence agencies and Mr. Slane apparently
and seizure Everyone has the right to be secure
- accepted that fact without comment in his report 1
against unreasonable search or seizure, whether of
the person. property, or correspondence or It seems to follow logically that it is i m possible for
otherwise." intelligence organisations to spy by strictly legal
means But if an agency wishes to collect ', nformation
"Correspondence or otherwise" can be reasonably using methods that are illegal for ordinary citizens
interpreted to include telecommunications. [The term (e.g., electronic eavesdropping, breaking and
"correspondence" is used in a telecommunications entering, seizing private property, wire-tapping), we
context in Article 22 of the Nairobi Convention (see would hope and expect those methods would be
below).] The operations of the Waihopai station, in rigorously j ustified by the agency a n d be approved
the interception of international telecommunications prior to every instance of use by an independent and
without legal warrant, violate the rights of all New unbiased authority within the j udiciary. (By
Zealanders to protection from u n reasonable search independent we mean free of political and
and seizure under the provisions of the Bill of Rights professional bias and interest) Most New Zealanders
Act probably assume that such oversight and control
measures protect them from unwarranted invasion of
We are aware that the Bill of Rights does not take privacy. They are of course, dead wrong, and
precedence over provisions in other Acts. The effect especially with regard to the GCSB.
of this critical weakness is to make a mockery of New
Zealand's Bill of Rights. Its provisions are simply not The gathering of intelligence by intercepting satellite
enforceable, a n d New Zealanders have no security in signals generates vast amounts of i n formation that
telecommunications. can only be handled by powerful computers with
special programming. By its very nature this kind of
The Privacy Act ( 1 993) "vacuum-cleaner" spying defies effective oversight.
No warranting system is possible for obvious reasons
and so none is even attempted. The "warrant", such
I ntelligence agencies get very special treatment i n the as it is, is simply a blanket licence to snoop non-stop
Privacy Act A s in the case of the Bill of Rights, the on people's satellite communications of all kinds. The
effect of this treatment IS to severely weaken the GCSB says it has internal operational rules that
protections of the P rivacy Act Section 6 sets out constrain its spying activities .' But no one outside the
twelve Information Privacy Principles (I PP). But the agency has any access to those rules, let alone any
government of the day in its wisdom saw fit to exempt ability to check that they are being followed. Again.
(,n sec 57) intelligence agencies (named as the GCSB oversight is impossible; we believe it is irresponsible
and the SIS) from nine of those Principles (1 to 5 and to give the public the impreSSion that GCSB sPYing

Peace Researcher 18 - Page 16 - May 1999

can be controlled by parliamentarians in the interest of this note from the editor was published, the GCSB
New Zealanders entered the debate about domestic vs foreign spying
via the letters column of the Press.' The 1 997 Order
The electronic links among the five nations under the in Council of course made all of this debate q U ite
UKUSA intelligence agreement' preclude any moot But it was never fully relevant to the issue of
effective controls on the flow of information from domestic vs foreign spying in the first place; it was
GCSB computers to overseas sister agencies, most essentially a red herring, but a vital issue in itself.
importantly the United States National Security
Agency, ThiS a gross and totally uncontrollable The Issue of Domestic or
violation of the rights to privacy of New Zealanders
As In the case of IPP4, the Privacy Commissioner Foreign S pying
fails to make any mention of this serious intelligence
issue m his report on the review of the Act Quite As we noted above, the GCSB tried unsuccessfully to
clearly, It is beyond the powers of the Commissioner duck this issue initially by citing the Crimes Act The
to deal with and so was left without comment GCSB submission to the Review of the Privacy Act
states, "The GCSB is a foreign intelligence
How can an agency with such sweepmg powers and organisation and, by definition, our activities have little
Inherent i m m u nity from oversight be tolerated in a or no im pact on the privacy of New Zealanders" 7
democratic society? The only solution is to abolish Thus does the GCSB persist i n hiding its domestic
the GCSB. spying under the undefined title of "foreign".

The Crimes Act (1 964) When pressed for a definition of "domestic" i n the
context of satellite spying both Director Parker and the
According to one New Zealand barrister who Prime Minister have refused to respond. ' This can
speCialises in information and privacy law, "The reasonably be interpreted as an admission that the
Crimes !',ct contains an offence of intercepting private international communications of New Zealanders are
commun'cat,or s by means of a listening device, indeed spied upon by the GCSB.
However, this rrohibition is on eavesdropping on oral
communications only, There is no offence of The GCSB has also admitted as much in the media
intercepting data, or facsimi!e transmissions, which by citing " internal rules" which we are led to believe
are more and more commonly being sent across cause the agency to discard any domestic
telephone Ilne� " (emphasis added) We should add communications inadvertently intercepted in the
electronic mc, 1 (email) to this updated list The course of "foreign" intelligence gathering ' But we
bamster goes on to say that, "The fact that such emphasise it is cold comfort for New Zealanders
interceptions are not expressly prohibited under concerned about their privacy in communications that
5.2 1 6 , means ihat the lawfulness or otherwise of such protection from GCSB spying lies with u n p u blished
interceptions 1 5 governed by,default, by the Privacy internal GCSB rules whose enforcement is totally
Act 1 993". ' " he old Crimes Act referred to in the beyond effective oversight.
quotes simpl/ wasn't u p-ta-date with
technology We conclude that both the Crimes Act and
the Privacy Act leave the legal status of the
When it ca ne time to expand and GCSB in limbo when it comes to spying on
upgrade th,' Waihopai station with New Zealanders. The uncertain legality of
another sate ite dish and the capacity to GCSB activities sits i n stark contrast to the
Intercept and process oral following GCSB statement contained i n
communlcat<lns (i.e., telephone their response to a letter i n The Press:
conversation,;), section 2 1 6 of the
Crimes Act hdd to be patched up in order to take into "The GCSB, which i s subject to oversight and review
account the facts related above. The patch-up was by the Inspector General of Intelligence and Security
done with the simple expediency of "The Crimes (one of whose statutory functions is to examine the
[exemption 01 listening device] Order 1 997". With little legality of the GCSB's activities), complies at all times
more than tt: , stroke of a pen , and not a whiff of with the law of New Zealand". '
democratic pi )cess for so momentous a change, the
GCSB cou'(j now "legally" intercept oral This amounts to legalistic mumbo-jumbo from an
communications from satellites. agency with almost unlimited powers of signals
intelligence operating without warrants and without
It is illuml natiilg that the editor of the Chnstchurch any possibility of effective oversight of its day-ta-day
Press cited se ' 'tion 2 1 6 of the Crimes Act as evidence activities,
that the GCSfI "is prevented by statute from spying
domestically'" It is likely that the editor's source for
thiS statement Nas the GCSB itself since soon after

Peace Researcher 18 - Page 17 - May, 1999

court the convention was part of New Zealand law,
The International New Zealand ratified it in 1947 and has consented to
Telecommunications Convention be bound by it", While the legal issues are far from
(Nairobi Convention 1 982) resolved, international conventions should not be
ignored, The government should be taken to task for
its lax attitude to the Nairobi Convention,
There is yet another intended but "theoretical" restraint
on the activities of our intelligence agencies that must
be considered It is theoretical in that it is apparently GCSB Leg is lation
totally Ignored in New Zealand and probably every
other signatory country,
There is no GCSB law, The GCSB is not like the SIS,
which has its own statute and whose intelligence
New Zealand is a sig natory member of the Na'lrobi gathering activities are restrained by the need for
Convention ( 184 member nations), Article 22 is warrants and by other provisions of the act The
entitled "Secrecy of Communications", It contains the GCSB is a "non-statutory agency" (quoting d i rector
following two sections: Parker) which sprang out of thin "executive­
government" air in 1977 (not quite as old as the
" 1, Members agree to take all possible Universe, but with similarly mysterious origins), There
measures, compatible with the system of
is nothing in law, or elsewhere as far as we can
telecommunication used, to ensuring the secrecy
determine, that restrains the activities of the GCSB,
of international correspondence,
I n the Choudry case, the legality of the SIS break-in is
"2, Nevertheless, they reserve the right to
being judged in the context of the SIS Act This
commun icate such correspondence to the
pro,cess is not possible with the GCSB; the agency's
competent authorities in order to ensure the
extra-legal status is thus intolerable,
application of their internal laws or the execution
of international conventions to which they are
parties " I nternational Agreements and
From what we know about Waihopai, its spying on
satellite com m u nications violates the secrecy
protection provisions (section 1) of the Nairobi While the executive government of NZ ignores the
Convention, Section 2 can be logically interpreted to Nairobi Convention, its agency, the GCSB, must
mean that a n y interception of correspondence (Le" adhere rigidly to the rules of the five-nation U KUSA
phone, fax, telex, email) must be for use only by agreement ' That agreement, ' not Parliament, directs
"competent authorities" for lawful purposes, GCSB the activities of the GCSB and the ultimate fate of the
activities would be expected to violate this section as information it generates by spying, Are we a signatory
well because much of its spying is exempted from key to that agreement by virtue of public discussion, and a
provis'l ons of the Crimes Act and it is exempted from democratic decision by Parliament? No, I n fact, " " , a
key principles of the Privacy Act significant proportion of law-making in New Zealand -
relating to international agreements is
Signatory countries probably pay little attention to such undemocratic", according to the Clerk of Parliament,
prohibitions, Spying on your neighbours is big Mc. David McGee, "He says that the executive, the
business and "everybody does it", Meanwhile, the cabinet, is empowered to enter into international
public may feel reassured that New Zealand has agreements without reference to Parliament " 'I think
signed the convention, but it means nothing in that is not just unsatisfactory, it is unsupportable and
practical terms, One reason often given for this is that anti-democratic', "
the convention is not part of New Zealand law, We do
have our own Telecommunications Act (1987), but it Mc. McGee goes on to say, "I suggest that the ordinary
says nothing about adhering to the international person should be involved before the Government
convention, assumes the international obligation," The U KUSA
agreement (dating from 1948) is a prime example of
However, adherence to the Nairobi Convention cannot anti-democratic behaviour with ongoing and
be dismissed lightly, In a recent New Zealand potentially serious consequences for ordinary persons
controversy s u rrounding a fatal plane crash near in New Zealand,
Palmerston North in 1995, police tried to gain access
to the plane's cockpit voice recorder tape, According
to a newspaper account, "The Transport Accident
Natural Law and J ustice
Investigation Commission has refused to release the
tape, saying it is protected under the International Civil The legal systems of New Zealand, Britain and many
Aviation Organisation's Chicago Convention annex" , ' other western countries derive their authority from
Counsel for the police argued that the annex is not part natural law, And natural law is based on "the rule of
of NZ law, But the TAl Commission lawyer " " , told the reason" In placing its intelligence agencies above the

Peace Researcher 1 8 - Page 18 - May 1999

law (in proviSions of the Privacy Act and the Crimes Tangimoana. We would welcome the opportunity to
Act) the New Zealand Parliament is seriously eroding appear before the Committee to a n swer any
the bedrock authority of our legal system questions members might have regarding our
Summary Robert L. Leonard, on behalf of the signatories to
the petition and the Anti-Bases Campaign , 16
• The Government Communications Security February 1999
Bureau violates the rights of New Zealanders to
private and secure commun ications which are E n d n otes
purported to be assured under the Bill of Rights
and the Privacy Act 1 Members of the ABC would be most Interested to
• S PYing actiVities of the GCSB are exempted from know Just how the S I S exemption from Principle 4
key provisions of the Privacy Act and the Crimes applies in the case of Choudry vs Attorney-General.
Act but because of the impenetrable secrecy 2 "Records of NZ conversations 'disposed of" , The
surrounding the agency, these "extra-legal" Press, 1 0 January 1 998, p. 4 .
activities cannot be effectively overseen and 3 See Hager's Secret Power and Peace Researclwr
controlled by Parliament. No. 3 (Feb. 1 983, 1 st senes) for details of the
• By the inherent nature of the spying activities of UKUSA agreement
the GCSB at Walhopai and Tangimoana, those 4 Edwards , John. 1 995. Current privacy issues In
activities are Incapable of effective oversight and telecommunications. Unpublished paper for a
thus constitute an unreasonable and unjustifiable conference.
intrusion into ' the lives and affairs of New 5 Letter to the editor, and reply, in The Press, 1 9 July
Zealanders and of our neighbours in the Pacific 1 996.
region '
6 GCSB reply to letter to the editor, in The Press, 9
• The spy stations run by the GCSB are under an
August 1 996.
unacceptable degree of control and influence by
7 Privacy Act 1 993 Review, item 6 . 1 3.22, p. 228.
foreign intelligence agencies and are inextricably
8 Letter from Ray Parker to the author, 1 7 February
linked to those agencies. Therefore, the GCSB
1 997; letter from Prime Minister to Warren Thomson,
does not pnmarily serve the interests of New
9 November 1 998.
9 The Press, 30 October 1 996, p 6.
1 0 "Law-making seen as not democratic", New
We respectfully request the Intelligence and Secur'lty
Comm ittee to consider thiS petition, our arguments Zealand Herald, 29 October 1 996
supporting it, and the substantial evidence which
underpins it in the book "Secret Power", and to
recommend that Parliament u ndertake to abolish the
GCSB and close the spy stations at Waihopai and

censorship) process because it is "completely

CIA Briefs - Unlaundere d! corrupt". Snepp says the review process just goes
Commiting Genocide: after the critics of the CIA, and he has been continually
harrassed by the Agency through the courts. [Bangkok
Clinton has admitted that US support for the vicious
Nation, November, 1 998]
military forces that formerly controlled Guatemala was
"wrong and must not be repeated". A United Nations
sponsored commission has accused the Central K i l ling the Kurds:
American armed forces of genocide - more than While the NATO forces sanctimoniously bomb Serbia
200,000 people died - and stated that the C I A into the dust, member state Turkey continues its own
"supported directly o r indirectly s o m e o f t h e illegal genocidal polic'ies against the Kurds living in
operations of the Guatemalan state.' [Bangkok Post, neighbouring Iraq and contiguous areas. Last year the
1 2 March 1 999] Kurdish leader Abdullah Ocalan was kidnapped from
Kenya to be put on trial in Turkey. Kenyan sources say
Censorship: that the CIA, along perhaps with Israel's Mossad, were

The recently retired spook responsible for deciding involved in the snatch. The CIA's presence in Eastern

what material about the CIA may be published has Africa has been boosted since car bomb attacks o n

claimed that the organisation is now much more open. U S Embassies in 1997. Ocalan h a d been smuggled

John Hollister Hedley was heavily criticised by officers into Kenya by the Greeks (another NATO member with

inside the CIA for allowing far too much "spy-and-tell" a long history of confrontation with Turkey). Kenyan
material to be released, but critics of the agency have intelligence sources said the Americans told the
a different view. Frank Snepp, a former CIA analyst Kenyan Government about Ocalan's presence and
then pressured them to return him to the Turks. The
who was responsible years ago for demonstrating that
CIA estimates of communist support in Vietnam were kidnapping followed with the sources claiming CIA
rubbish, says he tries to bypass the review (read involvement. [Bangkok Post. 1 9 September 1 998]

Peace Researcher 1 8 - Pag e 19 - May 1999

Toxic Legaoy From US Bases
Mu rray Horton

1 99 1 was a bad year for the Pentagon's Philippines' circuitous three hour journey to the city of Olongapo. It
desk - the combination of Mt Pinatubo's eruption and remained closed for the next 47 years that Subic was
the popular eruption of nationalist anger culminating in a US base and then for six more years, u n d er the
the historic Senate vote to not renew the bases treaty Subic Bay Metropolitan Authority, I n November 1 998,
put an e n d to the American military's occupation of President Estrada ceremonially cut the gate open with
Subic Bay Naval Base, Clark Air Force Base and a a boltcutter (he might come in handy at Waihopai some
host of smaller U S military bases. Gone time). He said: "For a long time, we were like strangers
but their smell lingers. The Philippines continues to in Subic. We could not enter it freely, and if there were
grapple with the toxic legacy of hosting huge American Filipinos who were able to benefit from it, there were a
bases for nearly a century. great many others who lost their dignity as human
beings" (POI, 2911 1/98), It was a reconciliation also for
The internationally renowned Or Rosalie Bertell, Estrada - in the past, the set of an anti-bases movie he
president of the Canada-based International Institute of was starring in had been stoned by pro-bases
Concern for P u blic Health, has overseen the first study supporters of Richard Gordon, the then Mayor of
of the health of residents around the former Clark AFB Olongapo, Anti-bases politicians had not been
(no government agency has ever bothered conducting welcome in Olongapo. As Estrada told the crowd: "I am
such a survey). Starting in 1 996, 747 mothers were happy at being met with expressions of support, not
randomly sampled from 1 3 communities in and around with protests or barricades. When I ran for senator and
Clark. Those with the worst health problems - kidney, then for Vice President, I was unable to hold a rally
urinary, nervous and female health problems, children here" (ibid),
Cif abnormally low height and weight - came from
communities most heavily contaminated by toxic Nor have the gloom and doom predictions of the pro­
pollutants d u m ped on or around the former base (other bases lobby come to pass. They had forecast mass job
fxtors being the disruption caused by the Pinatubo losses with the bases' closure, Not so - the Bases
eruption. and pi, tin old poverty). Bertell recommended Conversion and Development Authority reported a gain
evacuation until l1e areas could be cleaned up. Lack of to the Government of 26.2 billion pesos (divide by 20
clean water is the biggest problem, seriously affecting for $NZ) from the conversion, privatisation and sale of
30,000 househoi js in at least five villages. former US and Philippine m ilitary bases. The single
biggest earner was the privatisation and development
Bertell's survey, publicly released under the aegis of of Fort Bonifacio, formerly the largest (Filipino) military
the People's Task Force for Bases Cleanup, had an base in Metro Manila. The former Clark has brought in
IInmediate resulf. Only days after its November 1 998 P83.6 billion i n total investments since 1 994; the
release, rationin" of potable water was announced for former Subic P 1 00.8 billion since 1 993. Both zones
ten of the worst affected villages. Bertell warned that have employed over 1 30,000 workers since the start of
boiling the water (a common precaution throughout the their respective operations - a significantly higher figure
Philippines) would kill bacteria but double the toxicity of than when the US military ran them as bases. Camp
pollutants. She u rged residents to distill their water. John Hay, a former U S military R&R resort in the
cooler climes of Baguio, is being developed into a
The US d e n ies any responsibility for toxic family-oriented vacation resort.
contamination; the Philippines government's concern
is not for affected residents but on how the pollution
might affect conversion of the former bases into new
Visiting Forces Agreem ent
economic zones. Rosalie Bertell vowed to join the fight:
But, of course, the Philippines is not rid of the US
'We are with you in your efforts to have a clean
m ilitary yet, not by a long shot. There is still the very
environment. We will intercede for you In the U S
Congress" [Philippine Daily Inquirer, 2 7 November controversial issue of the Visiting Forces Agreement
(VFA), which was signed by former President Ramos
1 998J. She added: "The facts are clear. People have
and fully endorsed by the Estrada government
s:"ious health problems. Let us stop granting time to
(including a high powered multi-media campaign
the U S to evade responsibility to clean up at the cost of
urging Filipinos to accept it), It requires ratification by
human lives" (POI, 8 December 1 998)
the Senate, where a two thirds vote is needed to pass
it. Essentially the VFA opens up all of the Philippines to
The adverse consequences of the US bases manifest
the US military - the next best thing to actual bases -
themselves in all sorts of ways. In 1 945, the US Navy
with special rights at 22 ports and other facilities. I t
closed the Morong gate, at the southern end of Subic
bestows the equivalent of diplomatic immunity o n US
8ay, forcing Bataan residents to have to make a

Peace Researcher 18 - Page 20 - May 1999

military personnel in the Philippines, exempting them
frol l l local law. PR 1 7 detailed the massive protest
movement against it in 1 998, opposition which has
raged unchecked in 1 999. For example, in March, 80
women activists from the Movement for National
Democracy d umped trash in front of the US Embassy
dUring a rally and wrote "No Way VFA" on the road.
Tha! same month a rally outside the Embassy by 50
mei11bers of Youth for Nationalism turned into a riot
when red paint was thrown onto the Embassy seal,
startling its guards, and leading to cops attacking the
protesters. Twenty people were hurt

! The extemely influential Catholic

Bishops Conference has joined the
opposition to the VFA and has also

�:;;;�S�§ called on the Philippines to

abrogate the 1 953 Mutual Defense
Treaty with the US, which remains
I It
in force indefinitely. The Bishops

described the VFA a s a "deceptive,

I il
anomalous and unequal
I I1 agreement between two sovereign
i nations. Its provisions grant special
. .. J privileges to the visiting forces
while relieving our country with only verbal
aSSJrances that are not contained in the VFA
provisions" (POI, 1 013/99). For its part, the
Go ,ern:nent harps on about the "Chinese threat" to
the hot I disputed Spratly Islands as justification for
strengtl ening the military alliance with the US. But
haVing ' Jot rid of the bases less than ten years ago,
after a titanic struggle, the Filipino people are not
gOing te let Uncle Sam back in again without a fight


M u rray Horton

For y ,ars Peace Researcher (and, before it, Foreign Marcos' m u rderous and kleptocratic d ictatorship. It
ContlOl Watchdog) has kept a close eye on the transpired that the SAS regularly took part in Special
SpecidJ Air Service (SAS), a particularly shy sector of Warfare Exercises with special forces from the US,
the N;' military. Between us, we have run story after Australia, the Philippines inside the U S bases in the
story (!n the dirty deeds of this secretive killer elite, Philippines.
which s at the disposal of our current and former
i r lperio I m asters, namely the US and the UK. Well, that's all history now - Marcos was overthrown
and died in exile; New Zealand was expelled from
For instance, in 1 98 1 , Watchdog broke the story that ANZUS and all exercises with the US military ceased;
two m e m b e rs of the NZSAS had been among 23 and the US military itself was kicked out of the
soldien from the US, Australia and the Philippines Philippines and the bases converted to something
ktlled ir the crash of a US military aircraft inside the useful. So why bring it u p now?
gigantic U S base at Subic Bay, in the Philippines.
WatchC,Jg The final TVNZ Assignment progra m m e for 1 998
["Secret Soldiers"; 26 November 1 998] was about the
followec this particular story for several years, as part NZSAS. It was a very interesting piece of work, much
o f Its e> )osure of NZ's military links with both the US more so than the 1 997 piece of PR puffery it did on
m i l itary in the Philippines, and with the late Ferdinand the British SAS. Indeed the 1 998 Assignment

Peace Researcher 1 8 - Page 21 - May 1999

r:s= continued fron previous page

was so interesting that the British government went Mysterious deaths o f NZSAS m e n i n Third World
to the extraord inary lengths of trying countries have happened much more recently too.
(unsuccessfully) to get an injunction in a New In 1 995 one was killed in Zimbabwe. The Army
Zealand court to stop it being screened. This was stated h is cause of death to have been 'trampled by
because it detailed, via a former Kiwi member of the an elephant". His family found no signs of this on
British SAS, what that latter body actually does and his body, but did find several bullet holes in his
revealed the ongoing colonial relationship between chest Assignment u ncovered that he had been on
the NZ and British militaries. The New Zealander a covert exercise with the British SAS and local
had served with the British SAS in wars from special forces. Accidental death by 'friendly fire' i s
Northern Ireland to Iraq, with other exotic spots like suspected.
Belize tossed in. (The British government also tried
to get an injunction, in NZ, to stop the New The SAS is still in business. 1 99 9 will see them
Zealander publishing a book). glamourised once again for their behind the scenes
role in providing VIP protection during the APEC
Assignment also featured some quite incredible Leaders' Summit They are still supplying men to
NZSAS home v'l deo footage of an exercise starring their counterpart units in Britain and Australia. They
the then P M , David Lange, as the 'hostage" are even being used as guinea pigs in an
rescued by masked SAS troops firing live bullets international trial of perforrnance enhancing drugs.
inside what was called the 'killing house'. Lange
. loved it so m uch he tried out the Most recently, they featured as hosting the All
weapons, and asked if it could be restaged for the Blacks at a boot camp. Should our World C u p
benefit of his kids (permission denied)! squad take the field this year blindfolded, dressed
in matching overalls and carrying a power pole,
Assignment also featured that 1 98 1 fatal plane we'll know who to blame. It was shortly after that
crash in the Philippines. That wasn't co'l ncidental. camp that one All Black waged his own one man
We had been approached and asked for help in war by smashing his way barehanded into a
researching the NZSAS, Wllich we gladly did. We Q u eenstown private residence, whilst somewhat
provided Assignment with a wealth of material from the worse for wear (not to mention nearly bleeding
back issues of Watchdog and PR. The programme to death in the process). No wonder the SAS are
spoke to the widow of one of the two New keen to keep secret everything about themselves.
Zealanders killed (back in 1 981 , when Watchdog They call it mystique. Others would simply call it
broke the story in the mainstream med'la, one brutality, and a dangerous anachronism.
widow had rung the journalist for help i n finding out
how her husband died, because the Army wouldn't
tell her). S h e is still searching for the truth - his
"Secret Soldiers" is available for hire for $10
death certificate describes his occupation as
(including postage) for one week. Make
cheques to ABC, Box 2258, Christchurch.

At the time, there were persistent rumours that the

low flying U S plane, specially adapted for covert
infiltration and exfiltration, had been shot down
(presumably by the Communist New Peoples Army,
which is still fighting the Philippines military today).
We went to the length of actually securing, under
the US Freedom of I nformation Act, the official US
Air Force re port on the crash. They were happy to
release the most intimate personal details (eg, an
itemised list of what was found on the bodies of the
dead soldiers and airmen) but nothing about the
cause of t h e crash. Assignment tracked down the
sole survivor, who is still in the US m ilitary, but he
said he couldn't speak about it until he becomes a
civilian aga i n .

Peace Researcher 1 8 - Page 22 - May 1999

[ Bits and Pieces
Spy Satellites Altitude Area Defense (THAAD) system was carried
out in New Mexico and is another in a long line of
China will put six military satellites into orbit in the Pentagon weapons development failures. It seems
year 2000. Two will provide navigation systems to that this time the weapons developers will not need
the Peoples Liberation Army, and four will produce to falsify test results - as they have done several
high definition pictures. China's developing technical times in the past - in order to get production funding
expertise will give it much greater intelligence on In March the US Senate voted overwhelmingly for a
military movements and production in the Asian national policy that puts into place a defence system
region. Taiwan has expressed g rave concern at supposed to protect the US against a limited missile
Beijing's increasing military surveillance capability. attack. This policy basically negates the key Anti­
In April this year Japan annou nced plans to develop Ballistic Missile Treaty forbidding such deployment
its own spy satellites. Four satellites will be produced Again Washington refuses to abide by a major
for launch in 2002. Tokyo says the move is i n international agreement seen as desirable by a
response to missile threats from North Korea. ( Last majority of other countries.
year the North Koreans fired a missile that overflew
Japanese territory.) Japan's National Space
Fear of Cyberterrorism
Development Agency has the technical capacity to
build its own satellites, but some parts, including In December 1 9988 the Washington-based Centre
possibly analysis programming systems, are likely to for Strategic and International Studies released a
come from the USA Washington has a number of report stating that thirty computer experts
secret spy bases in the north of Honshu. The exact strategically located globally could bring the U nited
relationship of the US and Japanese spy agencies is States to its knees. The report says cyberterrorists
difficult to ascertain, but in recent years Tokyo has could shut down everything from electric power grids
massively boosted its intelligence budget and the and air traffic control systems to essential military
signals following the Korean missile incursion are technology and mainstream economic systems.
that it intends to develop a much bigger independent "Bytes, not bullets, are the real ammo" according to
intelligence capability. the Centre. [Bangkok Post, 1 7 December 1 999]
n,e Pentagon has also begun an investigation into
Systems Failure - Again continual efforts by computer hackers in Russia to
access sensitive US defence computer systems. It
The most advanced U S missile defence system says this "atttack" is a major concern but so far
under development failed on Monday in its sixth claims no breaches of systems have been made. [An
consecutive attempt to intercept an incoming missile, official line that somewhat obscures past problems
according to Pentagon spokespeople. [Bangkok with hackers - Ed J
Post, 31 March, 1 999J The test of the Theater High

About Peace Researcher

Peace Researcher i s p u blished three times a year by the Anti-Bases Campaign,
C h ristchurch. The editors are Bob Leonard and M u rray Horton and PR i s laid out by
Warren Thomson (currently overseas) and Melanie Thomson. Our journal covers a
ra n g e of peace issues with emphasis on fore i g n m i l itary bases a n d i n te l l igence
topics. Contributed articles will be considered for publication based on s u bject m atter
a n d space requirements. We are particularly interested i n reports of original research
on peace topics in Aotearoa and the wider region of Australasia and the Pacific. Our
ad d ress i s:

Peace Researcher
P O Box 2258
C hristchurch
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Peace Researcher 18 - Page 23 - May 1999

Remember the United States Information Agency?

If you depend on Peace Researcher to keep you Sounds familiar doesn't it. The USIA/USIS are
Informed about the USIA and its sister agency the effectively a corporate arm of the US government -
US Information Service (a service few would ask dominated by corporate . interests merged with
for), we confess to a serious lapse. We haven't government interests since before World War I. The
mentioned these obnoxious American propaganda USIA was heavily Involved in educating "the NAFTA
mills since our Aug�st issue in 1 992. That was the generation" in the U.S., Mexico and Canada, during
year the U SIS office in Christchurch closed with the period of deal-making and hard-sell of the North
much moaning and gnashing of teeth by The Press American Free Trade Agreement i n the early '90s.
in a sickening editorial.
" I nternational outreach is achieved through
The USIS disappeared from our backyard after being broadcasting such as Voice of America, Worldnet,
featured in ten major articles in PR between 1 986 the USIA Advisory Board for Cuba Broadcasting,
and 1 992. The old NZ Monthly Review did a few Radio Free Asia, cultural exchange programs and
articles as well. So what reminded us of the USIS the US's most popular exports - Hollywood movies
after all these years? We received a book review via and the myth that the U . S . economy is a model for
the Internet of "Selling America's Culture to the how other market economies, both developed and
World" by Nancy Snow (Seven Stories Press, New less developed, can successfully adapt to the global
York, 1 998, 80 pp.) The review was written by Rose marketplace." No other country on Earth bought into
A. Dyson, a Toronto-based writer and researcher. that myth with such blind fervou r as little NZ. Since
We're s u re she won't mind if we give you a few 1 984 we have led the world in selling our economic
choice quotes from her review. (We don't yet have soul to international bidders, and not necessarily the
our own copy of the book.) highest bidders.

"The book offers a cogent analysis of U S . foreign It has been a massive g iveaway, helped in no small
and domestic policy since the beginning of the 20th measure by the USIS propaganda machines in our
century She [Snow] begins by introducing us to midst. By 1 992 the sell-off of our assets had gained
the work of its foreign branch. [ That's the USIS almost unstoppable momentum . No wonder the
branch that set up camp for years in several NZ USIS felt it could close a few offices in NZ and save
cities. Ed. ] Coined as 'public diplomacy' its real some bucks They had sown the seeds and the free­
function is worldwide dissemination of propaganda market grass was growing nicely. Best leave it to the
designed for the purposes of influencing the actions GATT, the WTO and APEC to finish us off as a
of human beings in ways that are compatible with prosperous and Independent economy with a livable
American corporate interests." environment.

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