SIS SPIED ON PEACE MOVEMENT FOR DECADES

Peace Researcher 38 – July 2009

           

-          Murray Horton

 

Starting in 2008, the NZ Security Intelligence Service (SIS) has been releasing censored versions of historic Personal Files that it held on all manner of people, primarily but not exclusively, political activists. I have been told that my now “moribund” Personal File covered the years 1969-2002. At the time of writing I have only received three pages of it, with no indication of when I will receive the rest (I have appealed to the Privacy Commissioner about the length of time it is taking). To the best of my knowledge, the only organisation to receive its SIS file is the Campaign Against Foreign Control of Aotearoa (CAFCA). I wrote about this in a very long article in Foreign Control Watchdog 120, May 2009 (“SIS Spied On CAFCA For A Quarter Of A Century”, online at http://www.converge.org.nz/watchdog/20/06.htm). The following is a drastically shorter version of that, covering historic SIS spying on peace groups and peace activists.

 

Spying On Peace Groups & Activists

 

A leading peace activist (who was not the subject of a Personal File) got a January 2009 letter from SIS Director, Warren Tucker (the only SIS member who can be legally identified) in which he said that the SIS had kept files on the following peace groups: the NZ Foundation for Peace Studies, Peace Movement Aotearoa, Women for Peace, International Physicians for the Prevention of Nuclear War (NZ), and the NZ Nuclear Free Peacemaking Association. The small amount of SIS file material released to that person included a 1987 newspaper photo of peace educators newly appointed by the Ministry of Education and the SIS had helpfully gone through all the names in the caption and written their various classifications next to them (Personal File, In Records, Not In Records). Tucker explained that it had been necessary to spy on these groups because they had been infiltrated by “cynical Communists”.

 

Courtesy of reading various other people’s files and the CAFCA one, I know that the SIS had a Personal File on Larry Ross, veteran Christchurch peace activist, tireless campaigner for a nuclear free NZ in the 1980s and the leading figure in the NZ Nuclear Free Peacemaking Association. Larry, who was active up until earlier this decade, is retired now and in his 80s but his appetite has been whetted and he has applied for both his Personal File and the one on the organisation which he founded and headed in his successful and historic campaign to have NZ declared a nuclear free country. Peace Movement Aotearoa is thinking of applying for its file. See Maire Leadbeater’s article, below, which chronicles the SIS spying on a leading peace and anti-nuclear activist for decades.

 

Owen Wilkes

 

The late Owen Wilkes, NZ’s world famous peace researcher and ABC founder, appears right throughout the SIS file on CAFCA and he is recorded as being the subject of a Personal File. He is portrayed as being some sort of mastermind. For example, the first of the ten SIS memos to the US Central Intelligence Agency (CIA) at the US Embassy in Wellington about what was then called CAFCINZ (1975) says: “Owen R. WILKES is the main organiser and activist in both CAFMANZ (Campaign Against Foreign Military Activities In NZ and CAFCINZ (Campaign Against Foreign Control In NZ)”. When I went overseas in 1978 the SIS attached great significance to the fact that I (and my then partner) was going to visit Owen in Sweden (he spent six years working for Scandinavian peace research institutes).

 

The most fascinating report on Owen is a December 1985 one entitled “PROTEST ACTIVITY AGAINST THE SERVICE: ASSESSMENT OF CURRENT CAMPAIGNS”. In it they recognised Owen as a formidable foe. Some extracts: “CAFCINZ and its leading personalities have had a longstanding involvement in protest against this Service. Under the direction of Murray Donald HORTON (Personal File), CAFCINZ was responsible for coordinating protest and harassment activity against Service premises in Christchurch in the mid-to-late 1970s…The Service regained prominence in CAFCINZ’s interests in late 1983 with the acknowledgement by New Zealand Customs of its referral of WILKES’ incoming overseas mail to the NZSIS. CAFCINZ took up the cause of one of its founding members with gusto and apparently cooperated with WILKES in the formation of the Christchurch Peace Research Institute (PRI)… For a variety of reasons, the temperature appears to be rising in anti-SIS feeling over recent months. CAFCINZ appears to be taking the lead and this may be because of WILKES’ personal vendetta as much as CAFCINZ’s need to find a new issue on which to focus, now that the nuclear free and anti-ANZUS issues have become more widely popular and self-sustaining. WILKES brings a sophistication to anti-SIS activity that has not been much in evidence in the past. His Scandinavian experience has already been evident in CAFCINZ and PRI activity and there is, as yet, no reason to disbelieve that the type of information gathering techniques WILKES claimed were being used against Government Communications Security Bureau (GCSB) and Defence (irrespective of their success) were not in fact undertaken and could not be used against this Service. The failure, by CAFCINZ and others, to achieve any measure of success against the Service via the Official Information Act does not appear to have dampened their enthusiasm…A campaign to expose the activities of the NZSIS is being initiated. It is possible that a degree of sophistication and perseverance not previously seen may be employed by individuals involved. There is an apparent climate of support from the radical Left for such a campaign”. Owen’s family is applying for his Personal File. It will be a whopper and it will make fascinating reading. Peace Researcher devoted a special issue to Owen, after his 2005 suicide. It is number 31, October 2005, online at http://www.converge.org.nz/abc/prcont31.html

 

Spying On MPs A Step Too Far

 

The most high profile and controversial Personal File to have been released is that of Keith Locke, the Green MP, veteran ABC activist and Waihopai spybase protester (as one of the children of Jack and Elsie Locke and brother of Maire Leadbeater, Keith had also been the subject of a Personal File since he was 11 and onwards for 50 years). The most controversial aspect of his file was that the last entry was as recently as 2006, seven years after he was elected to Parliament as a Green MP. The SIS took a close interest in his meetings, as an MP, with members of NZ’s Tamil community and a factfinding trip that he made to wartorn Sri Lanka earlier this decade. Keith made the point that the SIS was spying on meetings that he was holding with his constituents. Unlike me, and others, Keith hasn’t received an assurance from SIS Director Tucker that the SIS has stopped spying on him; nor (unlike me) has he received an assurance from Tucker that “…you have never encouraged unlawful activity such as sabotage, subversion or terrorism…”. Spying on “old Lefties” (Tucker’s phrase) is one thing, but spying on a sitting MP is quite another. The revelation led to uproar in Parliament, the media and among the public. John Key, as Minister in Charge of the SIS (it’s always the Prime Minister) ordered Paul Neazor, the Inspector-General of Intelligence and Security, to investigate. He produced an unusually speedy report recommending that the SIS should not spy on MPs, but gave the spies a great big escape clause by saying that if they have to it should be cleared with the Speaker (a member of the governing party). Neazor also dipped his toe into the broader issue of the SIS files and said: “Historically, because of the extensive cross-referencing system, when a Personal File existed, information from any source about that person could find its way to the file. It could produce a vacuum cleaner approach to collecting” (Press, 18/3/09; “Watchdog slates scale of SIS files”, Mike Houlahan). So that’s where all us “old Lefties” et al are – we’ve been sucked up into the dustbag of (the SIS version of) history.

 

One of the last entries in Keith’s Personal File is the handwritten word “Eeeexcellent!” accompanying a selection of letters critical of him published in various papers in very recent years. The Inspector-General of Intelligence and Security wrote in his report: “Mr Locke suggested that some at least of this material might have been gathered because of his critical stance in Parliament on intelligence issues. All I can say is that one notation which could have given that impression was certainly unprofessional and ought not to have appeared on a file of a neutral intelligence service”. I would like to hear the SIS’ definition of neutrality.

 

Waihopai Barely Mentioned In The Files

 

CAFCINZ grew out of the anti-Vietnam War movement and the original anti-bases campaign of the 1960s and early 1970s. As such, there is a lot of material in the SIS file on CAFCINZ/CAFCA relating to those anti-bases protests (along with nonsense such as trying to prove allegations that CAFCINZ was responsible for the 1970s’ “sabotage” of the US military communications aerials situated in the disused former Royal New Zealand Air Force base at Weedons, near Christchurch. They were apparently dropped as a protest against NZ port visits by US nuclear warships but nobody ever claimed credit for it and nobody was ever charged with it. Neither I nor CAFCA had anything to do with it, nor knew anything about it. In fact, I was living in Sydney at the time and that was known to the Australian Security Intelligence Organisation (ASIO), proven by the fact that two of the three pages of my SIS Personal File thus far released to me consists of 1970s’ memos between the Directors, no less, of ASIO and the SIS, about me living and being politically active in Sydney at that time.

 

And ABC grew out of CAFCA, in the late 1980s and has conducted a campaign against the Waihopai spybase ever since. I find it fascinating that the word “Waihopai” is barely mentioned in the 400+ documents released to CAFCA, so obviously all that stuff on the movement to shut down that spy base is held by the GCSB (which operates Waihopai and whose immediate past Director was the very same Warren Tucker). As SIS Director, Tucker wrote to the subject of one Personal File that the GCSB refused to authorise the SIS to release some GCSB documents about the subject that the SIS had in that Personal File. And Police Intelligence (which is the source for so much of the material in the SIS files that I’ve read, particularly the CAFCA one) is not offering to throw open the archives either (it mistakenly did so once, back in the mid 80s, when it auctioned a Christchurch filing cabinet containing historic pre-computer index cards on 800 “criminals”, of which I was one). So it’s not quite the Age of Aquarius just yet. To test the water, I have written to both the GCSB and Police asking for all file material that they hold on me. The GCSB replied, saying that it does not have a file on me (but the letter did say that the GCSB files Peace Researcher, so hello boys).

 

Enemies List

 

That’s not to say that there is nothing in the files about Christchurch peace organisations and activists. There is but very little. And some of that is a truly petty kind. The SIS kept a literal enemies list of those who campaigned against it and makes no bones about it. This was made extremely explicit in Tucker’s letter to me (4/2/09): “You ask if you are still ‘a person of interest’ to the NZSIS. The answer is that you are only of interest to us as long as you are interested in us. You have campaigned publicly for the abolition of this Service but you have never encouraged unlawful activity such as sabotage, subversion or terrorism…”. It’s a relief that campaigning publicly for the abolition of the SIS is not equated with sabotage, subversion or terrorism.

 

This enemies list was maintained right down to the level of finding out who were the writers of critical letters to the editor. For example, Anti-Bases Campaign founder, Warren Thomson, (whose later multiple arrests led to his nickname of Waihopai Warren) had one such letter published in the Press in 1990. This was duly clipped and filed, along with Warren’s address, phone number and occupation (as gleaned from the electoral roll and phone book). The accompanying report described him as “probably being the author of a derogatory letter about the NZSIS”. For the record, Warren’s letter cited an Australian Prime Minister who had called his spies a “bunch of stumblebums” and said that the description applied to the SIS.

 

Oversight? What’s That?

 

The SIS has been a controversial and repeatedly incompetent agency throughout its more than 50 years of existence. That is a whole other article (book, more likely) in itself. Suffice to list three of their most spectacular cockups: the 1970s’ persecution of Dr WB Sutch (which led to him being acquitted of espionage charges under the former Official Secrets Act, the only such case in NZ’s history; the more recent persecution, this decade, of Ahmed Zaoui, which was most recently detailed in Peace Researcher 35, December 2007, online at http://www.converge.org.nz/abc/pr35-153.html; and the 1996 bungled break in at the Christchurch home of activist Aziz Choudry (see Peace Researcher 19/20, November/December 1999, online at http://www.converge.org.nz/abc/choudry.htm for the most succinct summary of this case). None of those three regarded the SIS as a joke. I haven’t even mentioned the legendary stuffups like the SIS agent who left his briefcase on a Wellington footpath, containing his ID card, a pie and a Penthouse (that one definitely was a joke). Is there any accountability? The far from reassuring answer is, bugger all. I’ve already mentioned the Inspector General of Intelligence and Security. Laurie Greig, the first one, had to resign because he made a fool of himself during the protracted Zaoui case (while Zaoui, of course, spent nearly two years in prison, half of that in maximum security, with no charge and no trial). His successor, Paul Neazor, could only be better but even if he was intent on exercising real oversight, he can’t. He has no staff, no resources, and is dependent on the spies to supply him with the information he needs to “investigate” them.

 

Every Minor Detail Is Kept Secret

 

Then there is the Intelligence and Security Committee, which is not a Parliamentary Select Committee but a committee of Government, controlled by the Prime Minister. There are only five members – the PM, Leader of the Opposition and their respective appointees. Since the 2008 election, the three new appointees are: Act Leader Rodney Hide, Maori Party Leader Tariana Turia and Green Co-Leader Russel Norman. There has been some media comment that these three (two from the governing coalition and one from the Opposition) may spice things up a bit and start to turn the Committee into a proper oversight body, instead of a Government rubberstamp. But any would-be reformers face an uphill struggle – members are committed to secrecy about any proceedings of the Committee, which only meets a couple of times per year (and for less than an hour per meeting). And it gets worse. ABC wrote to the Office of the Prime Minister, under the Official Information Act, asking to be notified, retrospectively, of each meeting; how long each meeting lasted; and a list of who attended each meeting. We received a reply saying that, as the Committee is not a department or organisation as defined in the Official Information Act, it is not subject to it, and our request was declined.

 

Effective oversight is possible – for example, the US Congress held public hearings into CIA abuses as far back as the 1970s. In that same decade the then Australian Attorney General, the late Lionel Murphy,  feared that the Australian Security Intelligence Organisation (ASIO) was not giving him accurate information about the likelihood of Croatian fascist terrorists, resident in Australia, trying to assassinate the Yugoslav PM during a forthcoming State visit. So Murphy did something unheard of - he led a March 1973 police raid of ASIO’s HQ to inspect their files for himself. We look forward with eager anticipation to this happening in Wellington. Of course, nothing like those two examples has ever happened in NZ, where politicians of both major parties have always been willing accomplices of the code of silence that accompanies matters of “national security” in this country. Lazy, gutless cowards, is the phrase that comes to mind (with a few honourable exceptions, of course). Pardon the pun but there has definitely been an oversight about oversight, in that there isn’t any worthy of the name.

 

A major question is why the SIS has suddenly started dishing out these files willy nilly. I don’t intend to get into the speculation about that, ask the SIS. A lot of the credit is being given to Warren Tucker wielding a new broom as Director, with one commentator depicting him as some sort of Mikhail Gorbachev bringing glasnost to a hitherto secret society. Considering that Gorbachev played a major role in the demise of the Soviet Union, the State that he headed, here’s hoping that Tucker can do the same for the SIS. We can but dream. The SIS is still wedded to the obsolete culture of secrecy and an obsessive hunt for “enemies”. It used to be Communists and “Russian spies” (Sutch was their only attempt at nabbing one and they came a most spectacular gutser). Then it became “Muslim terrorists” (Zaoui paid the price for that). Latterly the covert State (with the Police taking the lead and a salivating tabloid media in tow) has focused on “Maori terrorists”, allied with a mishmash of pakeha anarchists and other odds and sods. That has yet to come to trial (see my article “A Bad Case Of ‘Terrorism’ Hysteria” in Peace Researcher 35, December 2007, online at http://www.converge.org.nz/abc/pr35-156.html. The current global crisis of capitalism will see Communists back in fashion as targets for the spies.

 

We Say Scrap The SIS

 

But the SIS still can’t justify its existence and it never could (the files released certainly don’t provide any evidence of its indispensability). Both ABC and CAFCA have consistently called for its abolition (and that of its bigger and much more secret brother, the GCSB). To quote some 1990s’ CAFCA submissions to a couple of the several Acts giving increased powers to the spies: “The agencies at the centre of this Bill - the SIS and the GCSB - should not exist, full stop. In the evocative words of the lovely old song ‘Why Was He Born So Beautiful?’ – ‘He's no bloody good at anything; he's no bloody good at all’. That sums up exactly our feelings about the SIS and the GCSB. They are useless, dangerous, a waste of public money, and an anachronism in this day and age. The words ‘intelligence’ and ‘security’ are misapplied in the Bill's title - the New Zealand public has seen precious little evidence of either… Every other organ of the State has been restructured, corporatised, flogged off or closed down. So why not add the SIS to the list? What’s so special about it? This is one cut in Government spending which would be both fully justified and popular”. To which ABC says, hear, hear! Pension them off and give them each a pair of binoculars so that they can spy on their neighbours (WINZ probably has plenty of vacancies for informants). If the State must have political spies, then let the cops do it and have to be (theoretically) accountable to the legal system. 

 

Why Does SIS Spy On Legitimate Dissidents?

 

A couple of major questions arise from the release of the censored versions of these historic files, such as why a perfectly legitimate and transparent organisation such as CAFCA was spied on, along with numerous of its members, many of whom are peace and anti-bases activists, for a quarter of a century (from the mid 1970s to the late 90s)? And is there any democratic control of the spies, any accountability? The first one can be dismissed as being of historic interest only, but if we don’t learn from the past then the mistakes and practices will continue to be repeated into the future. The second question is the vital one and needs to be properly addressed to prevent this happening again. New Zealand used to sneer at the secret police apparatus of our old Communist bloc enemies but what is revealed in the SIS files is a difference only in degree from what was practised in countries like the former East Germany. The SIS has never had police powers but they certainly put a lot of effort into spying on dissidents. If this had been exposed as having happened in one of those old enemy countries, our politicians and media would have made a meal of it, hailing the dissidents as heroes. Political spying on one’s own people is reprehensible no matter in what country, or under what system, it happens.

 

There will be plenty more developments in this story as more and more files see the light of day. Indeed it was 24 years since CAFCINZ’s first unsuccessful attempt to get its file, in 1985, using the newfangled Official Information Act (that request, in itself, created such alarm in the SIS that it devoted a full report to CAFCINZ, assessing it as being of “minimal security interest”. That didn’t stop it from spying on CAFCINZ/CAFCA for a further decade and a half). So patience is obviously a virtue when it comes to dealing with these obsolete dinosaurs, which are stuck in the tar pit of ancient political history.

 

 

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