Tag Archive for: Australia

Negotiating with terrorists: an opportunity in the Asia–Pacific

‘The only way to deal with these people is to bring them to justice. You can’t talk to them, you can’t negotiate with them.’ —US President George H.W. Bush, 2003

Negotiations between the US and the Taliban are set to continue later this month with a new round of talks planned. This marks a significant shift from a longstanding policy of never negotiating with terrorists. The talks demonstrate that political solutions are needed to end political conflicts.

Democratic governments have historically de-escalated a number of conflicts through negotiations with terrorist actors, including the Irish Republican Army, the Basque ETA and the FARC in Colombia. A RAND study has found that 43% of terrorist campaigns ended through some kind of negotiation.

As terrorism in the Asia–Pacific increases, the time is right to consider such an approach.

The region has a long history of terrorist activity, mainly by groups seeking independence from post-colonial centralised governments.

While global deaths from terrorism fell by 27% in the past year, they rose by 30% in the Asia–Pacific. The increase has been centred in three countries: the Philippines, Myanmar and Thailand have together experienced nearly 4,000 attacks over the past five years (see figure below).

This rise has broadly corresponded with the expansion of transnational terrorist franchises, such as al-Qaeda and Islamic State, into the region. Those organisations have provided local groups with funding and material support while integrating their conflicts into the struggle for a global pan-Islamic caliphate.

IS, in particular, has demonstrated an exceptional capacity to mobilise disparate local movements under its banner of jihad. In 2016, a video featured militants from Malaysia, Indonesia and the Philippines pledging allegiance to the group. A year later, IS-affiliated and -trained militants captured the city of Marawi in the Philippines. In the ensuing battle, 603 Filipino soldiers were killed.

The involvement of absolutist religious elements makes these groups difficult to eliminate. Because religious combatants see their cause as having transcendental significance, they’re unlikely to negotiate a political solution. Tactics employed by these groups, such as using women and children as suicide bombers and beheading prisoners, can further entrench conflict.

As IS faces territorial decline in the Middle East, it is deploying more resources and fighters to what it considers its East Asia province. That shift poses a significant risk for countries that are dealing with ongoing regional conflicts. It also reinforces the regional influence of an actor that has shown the will and capacity to harm Australians.

Separatist terrorist groups use violence to push for autonomous control over their regions. State violence to counter terrorism can also lead to greater support for the terrorist groups, furthering conflict.

Terrorist groups generally look to abandon violence if they’re in military retreat, they perceive themselves to be in a good negotiating position, or they are given enough incentives to negotiate.

Increasing internationalisation of conflicts changes the incentives to negotiate for both parties.

Local groups risk their separatist and nationalist goals being subsumed into or competing with the agenda of international terrorist franchises. Affiliation with IS or al-Qaeda may also hamper open dialogue with government. Groups may be more willing to compromise so that their political objectives are at least partially met.

There are also changed incentives for governments, which may be more willing to compromise to prevent international groups from gaining footholds.

This has already happened. A recent peace deal in Bangsamoro in the southern Philippines brokered by Malaysia came about in part because of a fear of local groups aligning with IS.

Australia has an active and ongoing interest in the stability of the Asia–Pacific. It is currently promoting peacebuilding in Myanmar and peace and security initiatives in the Philippines. Examples include expenditure of $52.6 million on Operation Augury in the Philippines and $24 million on conflict resolution efforts in Marawi. Further expenditure is planned to promote stability in the Philippines, including $90 million on childhood education in conflict-affected areas.

Australia could expand on this contribution by adopting the role of a good-faith mediator between states and local terrorist groups.

In the short term, Australia can support the conditions needed to bring all parties to the negotiating table. This includes promoting confidence-building measures, such as weapons hand-ins or releases of political prisoners.

Australia can also share its domestic experiences and expertise to reduce the risk of internationalisation of terrorist groups. Greater resources and cooperation will help to reduce access to terrorist propaganda and prevent fighters from travelling to conflict zones in the Asia–Pacific.

18 years and counting: Australian counterterrorism, threats and responses

Australia’s counterterrorism architecture is complex, embracing hard and soft power, and it’s challenging to determine where it begins and ends. It also includes initiatives that the government rightly can’t publicise.

My latest ASPI report, 18 years and counting: Australian counterterrorism, threats and responses, details the evolution of this architecture since the 9/11 terrorist attacks as it pertains to the threat of Salafi-jihadism.

Australia’s 2015 counterterrorism strategy emphasises the need for a partnership between government, the private sector and communities to counter the threat of terrorism.

The strategy rests on five key pillars. Terrorist activity must be disrupted; the appeal of extremist ideologies must be reduced through counter-narratives and programs and initiatives aimed at social cohesion; people must be discouraged from resorting to violence to express their views; global counterterrorism efforts must be supported; and the government must be able to respond to any terrorist event.

A year before the strategy was issued, the threat level was raised to ‘probable’, which means that credible intelligence indicates that individuals or groups ‘continue to possess the intent and capability to conduct a terrorist attack in Australia’. It’s unlikely that the level will change soon, especially as it is evident that al-Qaeda is making a resurgence and, despite the loss of its territory in Iraq and Syria, Islamic State is far from defeated.

When it comes to foreign policy, we’re trying to live up to our reputation as an upholder of the rules-based order and a principal advocate of multilateralism. Australia was a founding member of the Global Counterterrorism Forum, an intergovernmental platform addressing the vulnerability of people to terrorism and violent extremism. Through the forum, several best practices have been adopted in relation to violent extremism, foreign terrorist fighters, criminal justice and the rule of law.

Even though Australia’s foreign aid contribution continues to shrink, there remains a commitment to address the drivers of violent extremism at all levels. In March 2017, the then foreign minister, Julie Bishop, launched a new policy framework (Development approaches to countering violent extremism) that sought to counter and prevent violent extremism through education, civil society, governance, livelihoods, justice and the rule of law. Bishop also committed Australia to providing Iraq with humanitarian assistance to help stabilise liberated areas and to support projects to build social cohesion.

With strong input from the Australian Federal Police, Australia has played a key role in setting up the Jakarta Centre for Law Enforcement Cooperation. Among its achievements, the centre has helped develop Indonesia’s Densus 88, ‘one of the world’s best counter-terrorism units’.

AUSTRAC has also played an important role in promoting regional engagement on counterterrorism through its involvement in launching the Fintel Alliance, a public–private partnership combating money laundering and terrorism financing. Together with regional partners, AUSTRAC works to enhance regional efforts to combat the financing of terrorism, including organising, to date, four regional summits and facilitating regional risk assessment on terrorism financing.

On the domestic front, one wonders whether we have been as effective. Since 2001, more than 60 new statutes were adopted on areas such as detention, passport revocation, telecommunications and post-sentence preventative detention. Some of these measures are controversial, raising serious questions as to whether they undermine core liberal, democratic values. Professor George Williams, dean of the law faculty at the University of New South Wales, and a leading constitutional scholar, has captured the concern by provocatively claiming that successive Australian governments have launched a ‘legal assault on Australian democracy’.

One wonders whether imposing continued detention and control orders after a sentence has been served, granting a minister the power to revoke passports, and introducing an Australian values statement, among many other measures, have helped promote security. Might they, and the rhetoric around them, have politicised the debate over security, often at the expense of minorities? Dr Ibrahim Abu Mohamed, the Grand Mufti of Australia, captured the exhaustion and anger of many in the Muslim community at being repeatedly called upon to condemn acts of terrorism when he said of his faith: ‘You don’t ask to disavow medicine if some doctors exploited it, you don’t ask to disavow law if some lawyers misused it.’

Clearly, the security services have faced an enormous challenge over the past 18 years, as the terrorist threat evolved and new cases emerged. The establishment was forced to rethink its predictors, its methods and its understanding of the new threat environment. In November 2018, a few weeks after the Bourke Street incident, Victoria Police arrested three individuals whose passports had been cancelled earlier in the year, alleging that they were planning a mass-casualty attack. In 2017, the security services uncovered the Sydney Airport plot, which involved a plan to place a bomb in a meat grinder to be carried aboard a passenger jet.

What has made the job of detecting such activity so challenging in the post-caliphate era is that a large percentage of those convicted were under 21 when they committed their offences and there was no evidence that many of them had direct or formal ties to Salafi-jihadi groups.

ASIO’s 2017–18 annual report made no mention of far-right, white supremacist activity, as there was arguably no evidence of such a threat emerging. There has, however, been plenty of evidence of Salafi-jihadi activity; over 80% of the convictions for terrorism offences in the past three years involved adherents of Salafi-jihadism. ASIO’s 2016–17 report noted that there was minimal far-right activity in Australia.

ASIO Director-General Duncan Lewis told a Senate estimates hearing that, horrific as the Christchurch attacks were, the calculus had not changed because, out of seven attacks and 15 thwarted attacks, only one was allegedly perpetrated by a right-wing extremist and that case was still before the courts.

This doesn’t mean that ASIO isn’t focused on far-right, white supremacist activity, but at a time of limited resources, tough decisions must be made and currently there’s no evidence of a serious threat in Australia from the extreme right.

Australia’s counterterrorism environment is staffed by dedicated individuals, committed to protecting Australians. The past 18 years have shown us that terrorism evolves and innovates and we must too.

But safety and protection begin with the individual.

We must change our public discourse and work better at social cohesion and identify individuals at risk of being led down the violent extremist path so that with early help they can be dissuaded from making terrible mistakes.

Tough times shift Canberra on Oz international broadcasting

Among the many reasons I’m an optimist is the decades I’ve spent inside two strange but wonderful Australian institutions.

One magnificent institution is the Australian Broadcasting Corporation, where I toiled as a journalist for 33 happy years. Most of my time as an ABC hack was in Canberra—in the old parliament, then up the hill to the giant flag and the unique building that has the House of Representatives and Senate on its wings and the executive in the rear.

Only in Oz would the prime minister and all other ministers get to their offices through the back door.

For years I’ve struggled feebly for a punchline about the PM and cabinet residing out the back: rear-mounted engine … the ultimate backseat drivers … how do you see the way ahead from the arse-end of the building?

There must be a metaphor to fit. Please advise.

The ABC and Parliament House are marvellous while also being maddening and mysterious. Maybe that’s how it is with all major institutions, which brings me to my jest about how these two great entities have shaped my optimism.

A while ago, when I wrote a cynical piece on the three unholy rules that govern Canberra, I was tackled on my sunny self-characterisation: ‘If you’re such a congenital optimist, how can you write this dark stuff?’

The answer is simple: I’m an optimist because of decades in the ABC and covering the Oz parliament. And, of course, I’m a dark realist because of decades in the ABC and covering the Oz parliament.

When they’re at the best, both institutions make you rejoice. At their worst, when they mangle their purpose and mislay their principles, the proper response is rage.

For the last couple of years I’ve raged at the ABC and Canberra for the disastrous dismantling of Oz international broadcasting.

Gutting international TV, ending shortwave and exiting the news and journalism contest in the Asia–Pacific is lousy policy and appalling judgement, hugely damaging to Australian foreign policy. I’ve inflicted many columns on The Strategist, testified to one Senate hearing and made submissions to three inquiries. For an overview of the recent dumbness and optimistic prescriptions for a better broadcasting future, see ASPI’s paper Hard news and free media as the sharp edge of Australian soft power.

In the way of Canberra, bad policy is slowly being confronted. The ABC is dimly grasping how much it has abandoned its charter responsibility, enacted by parliament, ‘to transmit to countries outside Australia broadcasting programs of news, current affairs, entertainment and cultural enrichment’.

The ABC is putting its leadership back together after last year losing both its chair and managing director in the same week. The chairman fired the managing director because she wouldn’t bend to his will; then the chair had to go because he was too eager to bend to the government’s will. Sad, bad days for Aunty.

The ABC rebuild has taken a significant step with the appointment of Ita Buttrose as the new chair. At last, the ABC board has a chair who actually knows journalism and media! How novel. And promising.

The main cause for optimism is that both sides of Oz politics have grasped that the destruction of Australia’s international broadcasting voice in the South Pacific and Southeast Asia hurts our foreign policy interests.

The government’s announcement of $17.1 million, over three years, to supply Australian commercial television programs to broadcasters in the South Pacific is a facile and clumsy initiative that doesn’t amount to strategy.

The positive point is that it’s a sign of a government that understands Australia needs to get back into the media game in its region. A strange first step is at least a step. The opposition also embraces an international broadcasting rethink and rebuild.

A new political consensus is forming on international broadcasting, as one element of Canberra’s darkening view of international prospects.

Australia proclaims its first strategic priority now is to manage great-power competition. The Oz step-up in the South Pacific—the Pacific pivot—is the response of a nation that sees its strategic interests in Papua New Guinea and the islands directly challenged by China.

Australia proclaims its enduring fidelity to the alliance as it grapples with the arrival of the post-American world, a multipolar era of shifting power where US military dominance doesn’t translate to other dimensions.

Tough times demand hard thinking and good policy.

Australia is awaking to the costs of absent-mindedly discarding an 80-year tradition of broadcasting to the Asia–Pacific.

My preferred label for this new era is hot peace, not the new cold war. But the cold war elements remind Canberra of a time when international broadcasting was a vital instrument of state policy. Look around today and note China’s arrival as a major international media player, the big Russian effort, and how Britain is boosting the BBC World Service.

In an era of power completion and contest over the nature of the international system, Australia must again power up its voice to serve its interests, influence and values.

The US shouldn’t go to war with China over Taiwan—and nor should Australia

Paul Dibb, in his recent Strategist post, writes that America’s strategic position in Asia would be fatally undermined if it didn’t go to war with China if China attacked Taiwan, and that Australia’s alliance with America would be fatally undermined if we didn’t then go to war with China too. The conclusion he draws is that, in the event of an unprovoked Chinese attack on Taiwan, America should go to war with China, and so should Australia.

I think Dibb’s premises are correct, but his conclusion is wrong. Failing to come to Taiwan’s aid would seriously weaken and perhaps destroy America’s position in Asia, and our alliance with America would be seriously weakened if not destroyed if we failed to support the US. But it doesn’t follow that either America or Australia should therefore go to war with China to defend Taiwan.

That depends on who would win the war. Such a war, like any war, would be a calculus of uncertainties, but at the very least one could say that a swift, cheap and decisive US victory over China would be very unlikely. America’s military power is very great, but China’s military power, and especially its capacity to deny its air and sea approaches to US forces, has grown sharply, and is now formidable.

China also has big advantages of location and resolve: Taiwan is closer to China than to America, and it matters more to the Chinese. And any hopes that US nuclear forces would swing the balance back America’s way run up against China’s capacity to retaliate in kind, and the risk of a nuclear exchange targeting US cities would at least have to be considered by US leaders in deciding to go to war.

These sombre facts would have to be taken into account in Washington and Canberra in any deliberations about war. They imply that the choice in both capitals would not be the simple one that Dibb suggests—a choice between going to war and preserving the US-led order in Asia or stepping back and destroying it. A long, costly and indecisive US–China war would destroy the regional order anyway, because America’s leadership in Asia wouldn’t survive a war with China.

Most probably it would lead to America’s withdrawal from Asia—just as its long, indecisive but far less costly wars in the Middle East have led it to withdraw from that region. If so, Australia’s alliance with America would wither too. So the real choice Washington would face would be to abandon its position in Asia by fighting China, or by not fighting China. Given the cost and risks of war with a nuclear power, it is easy to see which America should choose, and I think probably would choose.

Dibb’s counterargument is that America was willing to fight a nuclear war to save West Germany from the Soviets in the Cold War. That’s a compelling argument to the extent that China’s ambitions today pose as big a threat to America as the Soviets’ did in the Cold War. It was the fear that the expansion of Soviet power would threaten the survival of America itself which drove US leaders and voters to accept the risk of nuclear war to make containment work. I don’t think that China poses a similar threat today, which is why I don’t think America should fight China over Taiwan.

But do Americans believe that China poses a similar threat today? That’s actually the big question that underlies the entire future of America’s position in Asia in the face of China’s ambitions, and it deserves closer scrutiny. So far it seems not, because for all the tough talk from Vice President Mike Pence and others in recent months, no US political leader has tried to convince Americans that they should be willing to fight a nuclear war with China. Indeed, US policy as set out in the 2018 nuclear posture review doesn’t even acknowledge America’s vulnerability to Chinese nuclear forces. We’d be wise not to assume that the Americans would risk a nuclear war with China until they say they are willing to do so.

If this is wrong and America chose war, I think it’s clear that Australia would be better off staying out of it. Iraq should have taught us that it makes no sense to support an ally in a war it can’t win, and the stakes are much higher this time.

Finally, a minor point. Whether our commitments under the ANZUS treaty cover Taiwan is not quite as clear as Dibb suggests. No doubt Washington believes that it does, and clearly expects us to support the US in a conflict. To the contemporary policymaker this is what matters, which is why I agree with Dibb that failing to support America would be fatal to the alliance.

But that requirement is not evident in the text of the treaty itself, at least as interpreted by the foremost legal authority on the matter, J.G. Starke, in his book The ANZUS Treaty Alliance. He says it’s clear from the context that ‘Pacific Area’ in Article 4 doesn’t include Taiwan, because Australia didn’t want it to.

Why the Quad won’t ever be an Asian NATO

The most recent meeting of the Quadrilateral Security Dialogue on the sidelines of the East Asia Summit in Singapore last November suggests that the US, India, Japan and Australia regard the initiative as a geostrategic multiplier in the Indo-Pacific. Despite the evident convergence, there have been few signs of a genuine renewal of the Quad’s purpose since it was resuscitated in 2017 after a decade-long hiatus.

This is underscored by the absence of a unified declaration following the Quad’s meetings in 2017 and 2018. Although individual statements released by the four members after the meetings agreed on the importance of a free and open Indo-Pacific, they overlapped on few points of detail. And although Quad boosters assert that its foundations are stronger today than they were a decade ago, the absence of a single joint statement betrays the inherent limits of the initiative.

The recent revival of the Quad was triggered by the return of Shinzo Abe as Japanese prime minister in 2012. Shortly after returning to office, Abe wrote an essay promoting a ‘democratic Asian security diamond’ to forestall Chinese ‘coercion’.  The proposal endorsed the view that the US, Japan, Australia and India should cooperate to ‘safeguard the maritime commons stretching from the Indian Ocean region to the western Pacific’.

India’s threat perception vis-à-vis China has increased in the decade since the Quad was first initiated, pushing it closer to Washington and US allies in Asia like Australia and Japan. The increase in Chinese naval deployments in the Indian Ocean and the rapid modernisation of China’s nuclear weapons program, including its sea-launched ballistic-missile capabilities, have exercised Indian planners and provoked a greater emphasis on the link between national strategy and maritime force projection. These concerns have been overlaid by India’s apprehension about the growing reach of China’s Belt and Road Initiative.

Australia’s concerns over China’s strategic posture in the Indo-Pacific and its overt militarisation activities in the South China Sea have been reinforced by revelations of interference by Beijing in Australian domestic affairs. Disclosures of the Chinese Communist Party’s influence in Australia have included attempts to bribe high-level officials, pressure for Chinese-language media outlets to toe the line on key issues, monitoring of Chinese students in Australian universities, and recruitment of sympathetic advocates to articulate the CCP’s position in the media.

These factors have coalesced to create a more permissive environment for Australia’s participation in the Quad and other minilateral security initiatives. The Quad has the support of the opposition Labor Party as well as the Coalition government.

For the US, returning to the Quad after a 10-year hiatus dovetails with the Trump administration’s preference for a more explicit acknowledgement of competition with Beijing, not just in the strategic arena but also in the economic domain. Washington’s continuation of freedom-of-navigation operations in the South China Sea—notwithstanding the clear risks of military escalation—and the Trump administration’s appetite for zero-sum confrontation with Beijing over trade, signal a renewed determination by the US to contain Chinese great-power ambitions.

While Trump is less focused than his predecessors on promoting the idea of a concert of democracies in the Indo-Pacific, the Quad aligns with his disdain for large-scale multilateralism and his fixation on burden-sharing with allies and security partners. Perhaps more importantly, the Quad maps closely to the Pentagon’s vision of developing America’s Indo-Pacific alliances and partnerships ‘into a networked security architecture capable of deterring aggression, maintaining stability, and ensuring free access to common domains’.

However, given the Quad’s history, there are serious doubts about whether it can be sustained. As La Trobe University’s Nick Bisley has argued, ‘there is not a single vital national interest that all four share’. Perhaps tellingly, in contrast to 2007, the resurrection of the Quad in 2017 elicited very little apparent concern on the part of Beijing. This reflects China’s broader reaction to US-led minilateral initiatives, as distinct from specific initiatives taken as part of US bilateral security alliances, which tend to attract vociferous condemnation from China.

Beijing probably feels reasonably confident that underlying divisions between US allies will prevent an Asian NATO from emerging and that most, if not all, American allies in the region (and those not allied to the US, such as India and Indonesia) will avoid formal multilateral security commitments because of their acute dependence on Chinese trade and investment. Ultimately, Beijing’s reading of minilateralism’s (and, by extension, the Quad’s) prospects may be close to the mark.

All four parties have clear incentives to constrain, and in some cases push back against, Beijing’s growing assertiveness, but that won’t necessarily sustain the Quad beyond its recent resurrection. There’s little indication that members are serious about mapping the Quad’s future in detail, and while perspectives within ASEAN are mixed, Singaporeans (perhaps surprisingly) remain the most sceptical about Quad.

One school of thought may be that the Quad parties will discover a renewed purpose only if Beijing uses force in a regional contingency. That may be credible, but it’s more likely that the US, Japan and Australia will focus all their efforts on leveraging existing bilateral security alliances in response to a major uptick in Chinese military activity. And it is difficult to envisage India seriously buying into a conflict in the South China Sea when even Japan and Australia place caveats on how much their alliances with the US formally commit them to do in certain scenarios.

In the final analysis, we’re likely to look back on the Quad’s resurrection in 2017 as another false dawn for the development of meaningful security arrangements outside formal alliances in the Indo-Pacific.

Intelligence oversight or out of sight? Recommendations for legislative review

Australia’s national intelligence community (NIC) has grown and evolved significantly in recent years. But its key oversight and accountability mechanisms have remained comparatively unchanged and legislatively constrained.

By their very nature, intelligence agencies need to be secretive, and the standards of accountability and oversight they’re subject to necessarily differ from those applicable to other parts of government.

At the same time, the Australian people needs to have confidence that their intelligence agencies are acting with legality, efficacy and efficiency.

In our recent submission to the Australian government’s comprehensive review of the legal framework governing the NIC, led by former defence secretary Dennis Richardson, we considered the oversight and accountability measures required to maintain the confidence of the Australian people in the work of the NIC.

Traditionally, transparency and secrecy have been viewed as diametrically opposed. But the two imperatives can coexist in a democracy, especially one that has strong, independent and well-resourced oversight institutions.

Our submission proposes several reforms to Australia’s oversight-related legislation, including the Inspector-General of Intelligence and Security Act 1986, the Independent National Security Legislation Monitor Act 2010 and the Intelligence Services Act 2001.

The Inspector-General of Intelligence and Security (IGIS) is an independent statutory officeholder who reviews the activities of the intelligence agencies. In July 2017, the Turnbull government announced the establishment of a new home affairs portfolio and a strengthened role for the attorney-general in overseeing intelligence, security and law enforcement agencies.

As part of the restructuring, the IGIS, along with the Independent National Security Legislation Monitor (INSLM) and the Commonwealth Ombudsman, was moved from the Prime Minister and Cabinet portfolio to Attorney-General’s.

The attorney-general continues to exercise certain powers and functions under the ASIO Act, including the power to authorise warrants and special intelligence operations. Putting the IGIS under the attorney-general’s purview means that it’s no longer separate from the portfolio that’s responsible for authorising warrants. IGIS should be transferred back to PM&C, where it sat since its foundation, to help guarantee its complete independence as an oversight body.

The INSLM is responsible for reviewing and assessing the effectiveness and appropriateness of Australia’s national security and counterterrorism legislation. It is a part-time role that’s supported by a small number of permanent staff. But the resourcing of the office makes it difficult for it to keep up with the vast number of new and increasingly innovative counterterrorism laws.

Consideration should be given to making the INSLM a full-time role so that the office can fulfil its core function, especially given that there has been no significant improvement in parliamentary oversight. The government should be legislatively required to table timely responses to the INSLM’s reports. This would at least oblige it to demonstrate that it has read and taken on board the INSLM’s advice.

The Parliamentary Joint Committee on Intelligence and Security (PJCIS) is somewhat of a ‘closed shop’ to crossbench MPs and senators: the legislation refers to members of ‘recognised political parties’, effectively precluding minor parties and independents.

The committee’s oversight is limited to reviewing the administration and expenditure of the NIC, addressing matters referred to it by the responsible minister or by a resolution of parliament, and reporting its recommendations to parliament and the responsible minister. It can’t review the NIC’s intelligence-gathering and assessment priorities or its operational activities.

Nor does it have the power to initiate its own inquiries into matters relating to the activities of an NIC agency. It is the only committee of parliament that doesn’t have the power to inquire into the operations of the agencies it oversees.

By comparison, similar parliamentary committees in Australia’s Five Eyes counterparts (the United States, the United Kingdom, Canada and New Zealand) have much wider oversight of their intelligence and security services.

The UK Intelligence and Security Committee can consider operational matters when requested by the prime minister and when they don’t involve ongoing operations and it’s in the national interest.

The Canadian National Security and Intelligence Committee of Parliamentarians is authorised to review:

‘(a) the legislative, regulatory, policy, administrative and financial framework for national security and intelligence;

(b) any activity carried out by a department that relates to national security or intelligence, unless the activity is an ongoing operation and the appropriate Minister determines that the review would be injurious to national security; and

(c) any matter relating to national security or intelligence that a minister of the Crown refers to the Committee.’

Parliamentary oversight of the intelligence agencies requires strengthening of the PJCIS’s legislative powers by widening its remit to include the ability to analyse the NIC’s operations and conduct its own inquiries.

One argument that has been made against this idea is that these powers, such as the power to review operations, are covered by the IGIS Act. However, the IGIS’s primary role is to oversee the activities of the intelligence agencies; it doesn’t focus on whether they should be conducting those activities. This is a key area in which the expanded remit of the PJCIS is crucial and in which legislative changes are required.

The committee has largely been bipartisan, so the risk of political interference in agency operations from an overzealous committee is negligible. Some combination of the UK and Canadian approaches might work best in the Australian context.

Finally, the Five Eyes intelligence-sharing partnership gives Australian intelligence organisations extraordinary global reach, providing irreplaceable access to information and cutting-edge capabilities.

All of the Five Eyes allies have legislative oversight arrangements. But they differ in their frameworks. There’s no single overarching oversight body or coordinated system of checks and balances that aims to ensure the legality and propriety of Five Eyes intelligence-sharing and activities.

Given Australia’s increased sharing and use of intelligence across governments, consideration should be given to including provisions that allow the IGIS and the PJCIS to oversee some aspects of Australia’s role within Five Eyes.

We appreciate that this measure will be challenging: the arrangements aren’t a single neat program of information exchange that could be easily scrutinised. They include many agencies beyond the remit of the IGIS (in Australia’s case), and the ‘exchange’ and source/receiving country would further complicate any review process.

But in many ways, this is precisely why the proposal should be considered: robust oversight and accountability measures will maintain the confidence of the Australian people in the intrinsic value of the Five Eyes partnership.

The NIC has grown and transformed dramatically in recent years to meet the unprecedented challenges to Australia’s security. Their combined functions are more vital to our national security than ever.

The proposed reforms we’ve outlined will strengthen independent oversight and accountability and maintain the confidence of the Australian people in the work of the NIC.

ANZUS in the age of disruption

The network of US alliances built in the early years of the Cold War has proven remarkably resilient. Nowadays, it’s easy—and wrong—to take that resilience for granted. Back in 1997, Stephen Walt, analysing alliance durability, penned one of the classic articles in international relations, ‘Why alliances endure or collapse’. He argued that durable alliances turned upon hegemonic leadership; the alliance’s importance as a symbol of credibility or resolve; the disproportionate influence of particular interest groups in a country’s domestic politics; the level of alliance institutionalisation; and shared strategic identities.

Not all of those factors apply with equal weight to the ANZUS alliance. I don’t see much evidence, for example, that its durability turns upon the disproportionate influence of particular interest groups—indeed, popular support for ANZUS is almost always broad and strong. Nor is the alliance held together by institutionalisation: if anything, ANZUS is under-institutionalised. But the remaining factors—hegemonic leadership, the importance of the alliance to both the US and Australia as a symbol of resolve, and shared strategic identities—do look highly relevant.

Walt was writing when the alliances were 40 or 50 years old. Today, we’re another 20-odd years down the track. So we’re talking now about alliances that are 60 or 70 years old—and have weathered the Cold War, the ‘lost’ decade of the 1990s, and the ‘war on terror’.

Moreover, one might fondly imagine that in recent years US alliances have been given a new lease of life by the return of major-power competition to the international order. Alliances of states typically find greater purpose—because of greater threat—in an era of interstate rivalry than they do in an era of violent non-state actors, or in an era of comfortable unipolarity. So, rationally, we should be entering a period of reinvigorated Western alliances.

But we aren’t. While the evidence is anecdotal and impressionistic, US alliances seem to have become weaker in recent years. Certainly, the 45th US president’s disdain for alliance commitments—a sentiment that runs deeper than the longstanding burden-sharing issue—hasn’t helped. It’s undercut the contribution that hegemonic leadership usually makes to alliance durability. And, by reducing alliances to self-interest and transactionalism, it’s blurred the idea of shared strategic identities.

European members of NATO have begun to talk openly of security options beyond the alliance. In France, President Emmanuel Macron has recently canvassed the possibility of an ‘independent’ army to reduce Europe’s reliance on the US. German Chancellor Angela Merkel has spoken of the need for EU leaders ‘to look at the vision of one day creating a real, true European army’.

If the US chooses to play a smaller role in NATO, there would still be 28 other members of the alliance available to take up some of the slack. True, they’d find life harder, given how much Washington currently brings to NATO. But the same can’t be said of US allies in Asia, each bound to Washington in a tight, bilateral relationship. If the US decides to reduce its involvement in Asia, its bilateral allies (Japan, South Korea, Australia, the Philippines and Thailand) do not share residual alliance obligations towards each other.

Here in Canberra, the future of ANZUS has emerged as a critical, if largely unspoken, question for the future of Australian strategic policy. That’s because ANZUS has long been a one-stop shop for all of our security needs—it backstops Australian security, allows us to make a meaningful contribution to the global and regional order, grants us access to substantial quantities of finished and raw intelligence, and underpins a defence force that’s well armed and well trained. A weakened ANZUS, let alone no ANZUS at all, would leave big holes to fill in our strategic policy.

But the current problems in US alliances aren’t solely created by the occupant of the Oval Office. It’s still far from clear what we’re witnessing in the US. Is it a short-term deviation from the strategic mainstream, or a longer-term shifting of the mainstream itself? We may not know the answer to that question until sometime in the 2020s.

And regardless of the answer, a broader structural shift in the international order—towards greater multipolarity—is continuing to eat away at alliance cohesion. As Walt observes:

Alliances will tend to be less robust in a multipolar world, because the major powers will possess more options as their numbers increase, and because shifts in the distribution of capabilities will be more frequent when there are more great powers in the system. It will also be more difficult for each state to determine where the greatest threat lies, and international alliances are likely to be more flexible and fluid.

The emergence of a world in which international alliances are ‘more flexible and fluid’ would be discomfiting to Australian policymakers. ‘Flexible’ alliances carry connotations of voluntary—and optional—fulfilment of obligations; ‘fluid’ ones suggest relationships bereft of solidity.

Australia is certainly redoubling its efforts to build new strategic relationships with a range of countries in Asia. And our alliance experience hasn’t prepared us well for that venture—ANZUS’s closeness and intimacy don’t translate well to the awkward political and cultural domain that is Southeast Asia, for example. In a shifting regional security environment, Asian countries are all trying to cross the river by feeling the stones. Everyone’s treading lightly and keeping their options open.

If alliances are on the wane, and new, less onerous forms of strategic partnership on the rise, we have a major challenge ahead. Critics of ANZUS allege that it has made Australia too subservient to the US. But Australian security would be poorer without it.

‘Forward defence in depth’ for Australia (part 2)

The intensifying competition between the US and China was on full display in Port Moresby during the recent APEC summit. For the first time in its history, the summit ended in failure without the release of a joint communiqué. This was apparently due to China’s unwillingness to countenance proposed language aimed at reforming trade practices seen as unfair and unbalanced.

At the same summit, Australia, the US and Papua New Guinea confirmed their intention to redevelop the Lombrum naval base on PNG’s Manus Island into a joint defence facility. The new facility will ensure US and Australian access to the geostrategic deep-water port, and counterbalance the growing Chinese influence and presence in the region.

The deal is important, as it provides a key forward operating base for US and Australian naval forces, strengthens the security of PNG and provides a deterrent to Chinese forward air and naval forces in the future. As ASPI’s Peter Jennings argues, it’s also important to pursue development of the Momote Airport to support US and Australian aircraft when necessary.

The Manus agreement is a good start towards shifting the Australian Defence Force to a ‘forward defence in depth’ strategy, as I have recently argued. Such a strategy should ideally be developed and enacted with Southeast Asian and South Pacific states as fully active participants not as merely passive observers.

The overriding objective should be to improve Australia’s ability to make effective military contributions to ensure the security and stability of maritime Southeast Asia and the South Pacific in the face of challenges like climate change, and provide alternatives to greater debt and dependency on Beijing.

The diplomatic dimensions of forward defence in depth for the South Pacific would involve negotiating enhanced air and naval access not only to Manus Island, but also to the facilities of countries like Vanuatu. Australia could help South Pacific states expand their intelligence-gathering capabilities and their ability to undertake more comprehensive maritime domain awareness.

This could be achieved through practical measures such as providing UAVs and boosting the Pacific Maritime Security Program, as well as through joint training and exercises, along with staff exchanges. Australia should also deepen partnerships with New Zealand, Britain and France to respond to a range of non-traditional security threats facing South Pacific states.

The approach for Southeast Asia will be different, requiring working with increasingly capable militaries and building greater commonality between forces. In this region, our priority must be strengthening our defence relations with Indonesia. Some practical measures could include reciprocal access to each other’s bases for joint training and more regular military exercises, and joint patrols as part of multinational naval flotillas.

The sharing of intelligence is important and the acquisition of common maritime domain awareness through high-altitude UAVs and even space capabilities would be a good start. With the Triton and Reaper drones, Australia is acquiring this capability, so working with Indonesia to enable sharing of information makes sense. Both Indonesia and Australia have small space programs and there’s a chance for greater collaboration to develop common C4ISR capability.

The challenge is that not all states are willing to openly identify China as a threat that they must respond to. For many South Pacific states, the effects of rising sea levels and the impact of climate change are existential challenges. The immediate risks come from issues like transnational crime, people smuggling and illegal fishing. Nor is it realistic to expect Southeast Asian states to turn away from China’s Belt and Road Initiative in the absence of a better alternative.

Yet, as ASPI’s Michael Shoebridge notes, there is a clear pushback emerging against Chinese pressure, initially through US vice president Mike Pence’s speech, and more recently from Southeast Asia (the reversal of China’s fortunes in Malaysia being a key example) and the South Pacific. The fact that PNG wouldn’t be bullied by China into changing the text of the APEC joint statement (even though it meant no communiqué was released) is a good sign.

Australia needs to work with the US, Japan and India to offer investment approaches that free Southeast Asian and South Pacific states from the threat of Chinese debt-trap diplomacy. As my colleague Huong Le Thu notes, the Quad is broadly seen in a positive light in ASEAN. The US proposal for a free and open Indo-Pacific (FOIP) further adds to a suite of economic, diplomatic and security alternatives. With the Quad and FOIP, ASEAN and South Pacific states don’t have to accept the BRI, with all its baggage.

Forward defence in depth would reinforce the importance of Australian diplomatic engagement and economic investment in the region in a way that takes the tools of statecraft and employs them in an aligned and linked manner. But what does going forward really mean for the ADF?

The ADF—particularly the navy—is already visible throughout the region, but forward defence in depth would mean making our force posture much more muscular and visible in order to meet threats to Australia at a greater distance. The ADF would adopt a long-range anti-access and area denial capability, which would complicate Beijing’s ability to coerce Australia and other countries in the region.

We’d focus on projection into the South China Sea, the Southeast Asian straits, and the Southwest Pacific, with air and sea power complemented by advanced cyber, intelligence, surveillance and reconnaissance, and space capabilities. This would be incredibly expensive—with force structures akin to those mooted in debates over a ‘Plan B’ for our security. It therefore makes sense to try to reduce that impost by building closer defence relations and common capabilities with our neighbours.

Forward defence in depth would mean a higher operational tempo for the ADF, and it would dictate the development of new capabilities. A debate will need to occur within the context of the next defence capability assessment program on the force structure needed to undertake forward defence in depth.

It’s also time to take a serious look at whether the current strategy as laid out in the 2016 defence white paper is the best way to respond to a radically changed strategic outlook. Our overall approach has changed little since The defence of Australia—the 1987 defence white paper—and it needs updating.

In part 3 of this series, I’ll look at how forward defence in depth might alter ADF force structure and consider the ramifications for Australia’s defence budget.

‘Forward defence in depth’ for Australia (part 1)

In an interesting, and highly significant, recent statement, China’s Foreign Affairs spokesman, Lu Kang, challenged Australia’s traditional perception that the South Pacific is within its sphere of influence. He stated that, ‘The Pacific islands are no “sphere of influence” for any country’, and employed the traditional rhetoric of Chinese government communiqués, asserting, ‘We hope that the relevant parties could discard the outdated mindsets of Cold War mentality and zero-sum game [and] objectively view China’s relations with Pacific island countries.’

The reality, of course, is that China is determined to challenge the US’s strategic primacy across the Indo-Pacific, and seeks to replace the established rules-based order with a Chinese-led system that would diminish, and then ultimately eliminate, America’s influence in Asia. China’s increasing involvement in the South Pacific through the Belt and Road Initiative is an important component of the emerging strategic contest and a challenge to Australian security.

Those signing up to the BRI (the Victorian government should take note) must understand that there’s no such thing as a free lunch. Small states in the South Pacific, burdened with Chinese debt they can’t pay back, risk watching as China’s presence grows in their countries through its investment in infrastructure projects that, ultimately, it will control, once the debt trap is sprung.

Most worryingly for Australia, the BRI opens up the potential for a Chinese military presence in territories close to our eastern seaboard. Such a development would give Beijing greater opportunity for military coercion against Australia in a crisis.

Given the risk a forward Chinese military presence would pose, Australia needs to consider updating its military strategy to one of ‘forward defence in depth’ throughout Indo-Pacific Asia, including into the South Pacific. Australia should not maintain a reactive military strategy that continues to rest on foundations established in the mid-1980s when our strategic outlook was far more benign.

Forward defence in depth builds on the strategy outlined in the 2016 defence white paper that was centred on three strategic defence objectives:

  • deter, deny and defeat attacks on or threats to Australia and its national interests, including incursions into its air, sea and northern approaches
  • make effective military contributions to support the security of maritime Southeast Asia and support the governments of Papua New Guinea, Timor-Leste and Pacific island countries to build and strengthen their security
  • contribute military capabilities to global operations that support Australia’s interests in a rules-based international order.

Forward defence in depth would integrate the first objective—essentially the ‘defence of Australia’ mission—with the second objective by giving the ADF a far more visible and regular role throughout maritime Southeast Asia and the South Pacific. In doing so, we’d extend our defence in depth far forward, rather than basing the defence of Australia task on being able to defend a comparatively narrow strategic moat that is the ‘sea–air gap’. The third objective—more far-flung operations in support of a global rules-based order—should be prioritised to contingencies across the Indo-Pacific region. The objective of forward defence in depth is to expand our regular military presence and meet any threats that emerge much further from Australia’s shores.

This is not meant to discount the requirement or significance of Australia’s vast inland areas as a natural defensive advantage. One of the main reasons Australia has never been invaded is because of the vast and hostile terrain between our northern coasts and our southern population centres. But defence infrastructure in our north is too sparsely deployed and too limited. It’s a very thin front line with very long internal lines of supply to southern defence infrastructure and force concentrations. That posture is increasingly in need of review.

In an age of new types of weapons and new types of warfare, it’s not at all clear that the sea–air gap gives Australia the same advantage as it did in the days of the Paul Dibb’s 1986 review of defence capabilities or the 1987 defence white paper when the threat environment was drastically different.

A forward Chinese military presence would fundamentally change our strategic calculus for the worse. It could come both from forward military bases of the sort seen now on disputed rocks and reefs in the South China Sea, and dual-use facilities like Hambantota in Sri Lanka. That would enable China to concentrate its military power in a way that puts our northern bases at risk in a crisis—particularly if their defence rests on responding only if an opponent enters our northern air and maritime approaches, as suggested in the 2016 defence white paper.

That approach rests on assumptions about the strategic geography of a ‘land girt by sea’ offering us a decisive defensive advantage. Yet the growth of long-range cruise- and ballistic-missile capabilities and the emerging threat of hypersonic weapons, cyberattacks and anti-satellite weapons make new types of coercion possible that simply bypasses the strategic moat to our north. It also fails as a credible response to the ability of the Chinese navy to interdict our vital offshore fuel and energy lifelines, which all traverse chokepoints and narrows in maritime Southeast Asia. A policy based on defending the sea–air gap could potentially become the Maginot Line of the 21st century.

Forward defence in depth develops and extends an ADF anti-access and area denial (A2AD) perimeter outwards. It denies a peer adversary a cost-free ability to manoeuvre close to Australia and exploit long-range strike weapons effectively or threaten our energy security. It shifts our strategy to be more in line with 21st-century multi-domain operations and emphasises a requirement for the ADF to become a power-projection force in every sense.

It also allows us to strengthen cooperation with the US and do more to share the burden with our essential strategic partner, while opening up new opportunities for greater defence cooperation with key partners across the Indo-Pacific and into the South Pacific. The recent agreement by the US, Australia and Papua New Guinea to develop the Lombrum naval base at Manus Island is an excellent start, but that defence diplomacy needs to go much further.

In the second part of this series, I’ll consider the importance of strengthening defence diplomacy and economic relationships with our key regional partners, and then conclude in the third part with suggested enhancements to ADF force structure.

Strategic momentum shifts at APEC

The APEC meeting in Port Moresby will have been a shock to Chinese President Xi Jinping, because it showed that his assertive approach to using China’s growing power is now facing fairly broad trouble.

This has a lot to do with the clarity from the US administration delivered by Vice President Mike Pence, but it will be apparent to Xi that the problems with the way he has been pushing China’s agenda in the region are deeper than that.

What happened in Port Moresby was a reversal of strategic momentum between China and the US, with the US and its partners taking back the initiative. Although there’s a lot more to see and do before this results in sustained momentum, it has been a marked shift.

Until 2018, Xi’s ‘China Dream’ vision and economic outreach had been running along nicely. Pressure on governments that had not signed up to his signature Belt and Road Initiative was growing, driven by that millenial phenomenon known as FOMO (the fear of missing out). Mainly on Chinese cash.

China’s military was attaining dominance in the South China Sea without much resistance—in part because of its rapid territorial seizure and construction activities on reefs there, and its increasingly aggressive patrolling and challenging. Regional nations, other maritime powers and the US did not seem to be contesting creeping Chinese control.

The mass forcible detention of China’s Uyghur population was proceeding, gathering pace and scale, but this was an internal problem that wasn’t very visible to the rest of the world.

Xi felt confident enough that the world couldn’t get in his way to launch ‘Made in China 2025’ and his civil–military fusion agenda. The first explicitly seeks to make China the indigenous source of breakthrough internet and communications technologies, because these next-generation platforms will give China strategic and economic power. The second seeks to turn China’s corporations and non-military university sector to advance the state’s military capability, so that the People’s Liberation Army achieves breakthrough warfighting capabilities that advance China’s security interests in the world.

As recently as January 2017, Xi was hailed by the leaders at Davos as the protector and advocate of globalisation, with critical comparisons drawn between Xi and Donald Trump.

Xi’s language in Port Moresby last weekend was much the same as he used in Davos in 2017—there was lots in the spirit of ‘win–win development’, lots about how ‘China will pursue with resolve continued reform’ and lots about ‘China’s strong commitment to support free and open trade and to voluntarily open its market to the world’. But the ears that heard it and the environment in which his words landed has changed.

And what he didn’t say was loud. He didn’t show a sign that China would change the core policies guiding ‘Made in China 2025’ or the civil–military fusion agenda. On the key issues that are at the heart of the US–China trade dispute, he referred to ‘better protecting intellectual property rights and making our investment and business environment more attractive’.

This is all about stopping Chinese intellectual property from being shared and opening up non-strategic sectors. There will be no reduction in cyber theft of intellectual property and no opening of the strategic sectors around high technology or advanced manufacturing which are key to the US administration.

Xi was silent on any steps to reverse Chinese militarisation of the South China Sea, silent on the brutalisation of his Uyghur population, and upbeat about his Belt and Road Initiative moving to ‘full implementation’. He made no mention of increasing transparency on project goals, finances or debt burdens. Again, he is not stepping back—he pushed the Digital Silk Road aspects of the BRI hard.

Xi is probably shocked by the breadth of initiatives that the US, Japan, Australia and New Zealand rolled out at the summit with Pacific partners (including Papua New Guinea and Vanuatu), and by the applause that some of Pence’s remarks—most obviously pointed at China—received. Like ‘a free and open Indo-Pacific also deserves a free and open internet’. Or, more pointedly, ‘Do not accept foreign debt that could compromise your sovereignty. Protect your interests. Preserve your independence. And, just like America, always put your country first.’

Xi isn’t used to dissent he can’t control or international forays where the momentum isn’t with him. But he’s likely to adapt.

The most Xi was able to say about the newly defined US policy of strategic competition with China was that ‘Protectionism and unilateralism are resurfacing. The multilateral trading system is under assault.’ He said he wanted World Trade Organization reform, but that it shouldn’t involve ‘the organisation being overhauled’.

Xi’s core problem is that his words aren’t being believed. The gaps between his lofty language about an ‘open, inclusive, balanced, global economy’ with ‘opportunities more equal and societies more inclusive’ and Chinese state actions are just too great to bridge even with the rose-tinted goggles of greed for Chinese money.

This year, there’s been transparency about the seamy downside to Xi’s China Dream: US$22 billion in cancelled corrupt BRI deals with Malaysia, publicity over unpayable Chinese loans from Tonga to the Maldives, and exposure of the brutal repression of millions of Uyghurs and of Chinese military aggression in the South China Sea. Most clearly, from an APEC perspective, is that despite words of opening and reform, Xi continues with state-driven policies to secure economic control and dominance under ‘Made in China 2025’.

In contrast, Pence was representing a US administration that a few months ago was looking like being a global wrecking ball for international trade and a unilateralist military and strategic power. Risks to the global economy from Trump’s ‘America First’ mindset remain, as do tremors in various alliance and security partnerships.

However, we now see a genuine US commitment to strategic and economic partnerships across the Indo-Pacific—whether through the BUILD Act that is putting billions of US dollars at the call of US businesses to operate in Asia, or through the kinds of new initiatives Pence announced with partners at APEC, like the joint PNG–Australia–US initiative to develop the Manus Island naval base and the US–Japan–Australia trilateral Indo-Pacific infrastructure initiative. And the US now seems to have a clear agenda to engage in strategic competition with China that has both economic and security aspects.

The contrast is pretty stark. The US leadership is able to talk about and demonstrate strategic and economic partnerships, while Xi has only economics to sell. And Pence was standing with multiple other leaders announcing joint initiatives with Pacific partners, while Xi was talking at people.

The most positive thing for Xi might be how Scott Morrison handled questioning about Australia’s relationship with China. The prime minister is obviously very keen to keep on the ‘reset’ bus in the relationship, so he stuck to the strong policy line that Australia wants ‘to see an Indo-Pacific which is open and which is free and which respects all independent sovereign states and nations’.

On Australia’s approach to China and to the US, he said, ‘Our role here is to ensure that we maximise Australia’s interests and that is done by working incredibly constructively with our long-term partner in the United States—a great friend and ally—and working very closely with the Chinese government with whom we also have an excellent Comprehensive Strategic Partnership which is advancing Australia’s economic interests.’

Note here that our relationship with China is all about economic opportunity. Our relationship with the US is much broader.

Morrison refused to be drawn on reports of argumentative Chinese officials berating their PNG hosts, or on whether any of the announcements—including the Manus base—had any relevance to limiting the potential for growth of the Chinese military presence in the South Pacific.

This is an understandable effort at positive public diplomacy. Morrison also acknowledged that public statements were one thing, but there was ‘a lot more pragmatism going on here’ and ‘a lot of movement under the water’.

So, the overall outcome from APEC might not be a joint communiqué, but the summit communicated one big thing very clearly—the US administration has called it right: we can see that Xi’s China and Trump’s America are indeed now engaged in long-term strategic and economic competition.

Australian policy at this moment is to buy into the positive agenda coming out of Washington, while downplaying its gravity and seeking to preserve the newly returned positive harmonics with Beijing. We still have a China policy that dare not speak its name.

Luckily for Morrison, Xi seems to realise that it’s the wrong time to turn the freezer back on, no matter how much he wants to. But, as the song says, ‘We’ve only just begun’.