NEWS
Official review shows MI6 agents engaged in “serious criminality” abroad, as tribunal reveals agency is also free to break UK law
Published
4 years agoon
While debate rages over controversial spying legislation in the UK, other disclosures indicate British spooks have long been secretly free to commit crimes with impunity anyway.
There has rightly been intense controversy over the Covert Human Intelligence Sources (CHIS) bill in recent months.
The legislation would enshrine in law the ability of undercover operatives – both employees of British state agencies and their informants – to not only commit extremely serious crimes, up to and including rape, torture and murder, but also insulate them from criminal prosecution and civil actions for doing so.
However, for all their at times fiery condemnation, few if any mainstream critics acknowledged that the UK intelligence services have been allowed to commit crimes with impunity for some time.
Since the early 1990s, a once-secret policy dubbed ‘third direction’ has permitted MI5 to participate in crime to “secure or maintain access to intelligence that can be used to save life or disrupt more serious criminality, or ensure the agent’s continued safety, security and ability to pass such intelligence.”
It also grants MI5 authority to make representations to the police or Crown Prosecution Service advising against the prosecution of agents for criminal activity on ‘public interest’ grounds.
Moreover, Section 7 of the Intelligence Services Act 1994 – nicknamed the ‘James Bond clause’ – provides legal amnesty for MI6 operatives to commit abroad what would be crimes at home, as long as these activities have been authorised by the Foreign Secretary.
In essence then, all the CHIS bill will do is amend the Regulation of Investigatory Powers Act 2000 to codify in statute existing informal powers, while officially extending them beyond MI5, MI6, GCHQ and Special Branch to, among others, the Competition and Markets Authority, Food Standards Agency and Department of Health and Social Care.
The legislation is currently under consideration by the House of Lords, where it has received a less than welcome reception in several quarters. Among others, former Labour MP Peter Hain, himself surveilled by the state over three decades, gave an incendiary speech, noting many instances in which British spies “were on the wrong side of justice, the law and history.”
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‘Red lines likely breached’
In the meantime, there are troubling indications that criminal actions by British spies are continuing apace.
On 15 December, the Investigatory Powers Commissioner’s Office (ICPO) issued its annual report on “UK use of covert powers” and its review of MI6 has a dedicated section on the agency’s reliance on the aforementioned Section 7.
It highlights one case in which the agency had cause to believe a “high-risk” agent overseas might be or become involved in “serious criminality”. ICPO states that MI6 didn’t “encourage, condone or approve”’ these activities, and its Section 7 submission related to the individual alleged the agency had “secured the agent’s co-operation in terms of full transparency about the activities in which [they] were involved.”
This included some “clear ‘red lines’”, setting out conduct that was “not authorised and would result in the termination of [MI6’s] relationship with the agent” When the Section 7 submission for the individual in question was up for renewal six months later, MI6 acknowledged these “red lines” may have been breached, and the agent may have been involved in, or at least contemplated, “serious criminality”.
However, ICPO found that, on the basis of the information available at the time, there wasn’t just a heightened risk of the agent committing serious crimes, they probably already had, which wasn’t reflected in the submission to the Foreign, Commonwealth & Development Office, meaning MI6 had potentially misled the Foreign Secretary.
“We concluded the renewal did not provide a comprehensive overview of available information, which we believe would’ve provided the Secretary of State with a fuller and more balanced picture,” the report states.
The report notes that, in October 2019, Investigatory Powers Commissioner Sir Brian Leveson wrote to Prime Minister Boris Johnson, expressing concern at Whitehall’s apparent view that running agents overseas requires “less detailed and intrusive oversight” than in the UK, and recommended the government “carefully consider whether this is still the right policy position.”
In response to the report, however, the PM said the findings demonstrated “the high quality of the oversight of our security and intelligence agencies’ use of the most intrusive powers”, and that he was “satisfied our arrangements are amongst the strongest and most effective in the world.”
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Litany of failings
ICPO censured MI6 for a number of other shortcomings too – for example, in relation to the “detention and interview of detainees overseas and the passing and receipt of intelligence relating to detainees”.
The report highlighted a case in which MI6 officers “failed properly to consider the conditions to which a detainee may have been subject following his detention” in an unnamed foreign country, or whether the individual’s transfer to the country in which they were operating for further interrogation was legal.
In a separate case, MI6 was found to have covertly obtained intelligence sourced from the interrogation of a detainee – material that “included clear indications the detainee had been mistreated by a foreign liaison service” – without seeking official permission.
Another section covers the operations of MI6 in the UK. It identified “several weaknesses” in how its domestic agents were handled, with “inconsistent written reviews” being a “problem area for improvement”.
ICPO notes that, “were it necessary” for one of MI6’s UK-based agents to participate in criminality in the UK, this activity would be covered by the “third direction” policy. The Office was unable to confirm “the extent (if any) of such activity” by MI6’s domestic operatives, however.
This passage is particularly striking, given the day after the report was issued, it was revealed at an Investigatory Powers Tribunal (IPT) hearing that MI6 “may have unilaterally assumed the power to authorise agents to commit crimes in the UK, potentially without any legal basis or limits on the crimes they can commit”.
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‘Inappropriate interference’
In December 2019, the IPT issued its first ‘split’ ruling since its founding in 2000, in a case brought by rights organisations the Committee on the Administration of Justice, Reprieve, the Pat Finucane Centre, and Privacy International. The coalition had launched a legal challenge against the “third direction” policy, after its existence was first acknowledged by then-Prime Minister Theresa May in March 2018.
While the Tribunal ruled 3-2 in favour of the government that MI5’s powers to authorise its agents to break the law were “implicit”, a dissenting judge warned the claimed basis for the policy amounted to a “dangerous precedent”.
The trio have challenged the ruling ever since, and at the 16 December hearing, it was not only revealed for the first time that “third direction” also applies to MI6, but that Whitehall had, for over a year, urged the IPT to keep this a secret, despite “not raising a national security argument against disclosure”.
It’s unclear how long MI6 has been covered by the policy – a question muddied significantly by the agency’s attempts to prevent the IPT from scrutinising its activities.
In July, MI6 was forced to apologise after it was revealed that, in March 2019, two of its officers had phoned the Tribunal’s secretary to argue inspection reports the ICPO had handed to the IPT over the course of the rights groups’ legal actions should not be provided to the court’s president, member judges or legal counsel, as the agency had “concerns in relation to the material”. The Tribunal characterized this as “inappropriate interference”.
It wasn’t the first time a UK intelligence agency had moved to insulate itself from IPT scrutiny. In 2017, the Government Communications Headquarters (GCHQ) sought to agree a “process or protocol” by which the agency might better liaise with IPCO to manage any circumstances where a piece of litigation … could raise issues in relation to oversight activity”.
This was a euphemism for GCHQ seeking to discuss with IPCO which documentation could and couldn’t be shared with the IPT in advance of any potential legal proceedings lodged against it – a suggestion that intensely irritated the Tribunal. Exposure of this attempted connivance led, in February 2018, to a senior GCHQ official being cross-examined in the Tribunal – the first time the agency had given open evidence to the body.
Such obfuscation and concealment is par for the course for UK spying agencies. The 2015 Intelligence Services Commissioner’s Report lays out in shocking detail MI6’s non-cooperation with an investigation by the judge Sir Mark Waller of the 2013 killing of Lee Rigby.
“Both the ISC [Intelligence and Security Committee] and I experienced considerable frustrations with the approach of [MI6] to our investigations,” Waller concluded. “[MI6] demonstrated a troubling tendency to be defensive and unhelpful, provided inaccurate and incomplete information and generally sought to … close down lines of enquiry, rather than engage constructively … I found [this] extremely unsatisfactory.”
Such a tendency is perhaps understandable, given the array of transgressions MI6 operatives have, unbeknownst to the public, been free to perpetrate for so long. And the nature of those offences being what they are, it’s no wonder the agency is committed to covering them up at all costs.
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China is raising its retirement age, now among the youngest in the world’s major economies
Published
2 months agoon
September 14, 2024Starting next year, China will raise its retirement age for workers, which is now among the youngest in the world’s major economies, in an effort to address its shrinking population and aging work force.
The Standing Committee of the National People’s Congress, the country’s legislature, passed the new policy Friday after a sudden announcement earlier in the week that it was reviewing the measure, state broadcaster CCTV announced.
The policy change will be carried out over 15 years, with the retirement age for men raised to 63 years, and for women to 55 or 58 years depending on their jobs. The current retirement age is 60 for men and 50 for women in blue-collar jobs and 55 for women doing white-collar work.
“We have more people coming into the retirement age, and so the pension fund is (facing) high pressure. That’s why I think it’s now time to act seriously,” said Xiujian Peng, a senior research fellow at Victoria University in Australia who studies China’s population and its ties to the economy.
The previous retirement ages were set in the 1950’s, when life expectancy was only around 40 years, Peng said.
The policy will be implemented starting in January, according to the announcement from China’s legislature. The change will take effect progressively based on people’s birthdates.
For example, a man born in January 1971 could retire at the age of 61 years and 7 months in August 2032, according to a chart released along with the policy. A man born in May 1971 could retire at the age of 61 years and 8 months in January 2033.
Demographic pressures made the move long overdue, experts say. By the end of 2023, China counted nearly 300 million people over the age of 60. By 2035, that figure is projected to be 400 million, larger than the population of the U.S. The Chinese Academy of Social Sciences had previously projected that the public pension fund will run out of money by that year.
Pressure on social benefits such as pensions and social security is hardly a China-specific problem. The U.S. also faces the issue as analysis shows that currently, the Social Security fund won’t be able to pay out full benefits to people by 2033.
“This is happening everywhere,” said Yanzhong Huang, senior fellow for global health at the Council on Foreign Relations. “But in China with its large elderly population, the challenge is much larger.”
That is on top of fewer births, as younger people opt out of having children, citing high costs. In 2022, China’s National Bureau of Statistics reported that for the first time the country had 850,000 fewer people at the end of the year than the previous year , a turning point from population growth to decline. In 2023, the population shrank further, by 2 million people.
What that means is that the burden of funding elderly people’s pensions will be divided among a smaller group of younger workers, as pension payments are largely funded by deductions from people who are currently working.
Researchers measure that pressure by looking at a number called the dependency ratio, which counts the number of people over the age of 65 compared to the number of workers under 65. That number was 21.8% in 2022, according to government statistics, meaning that roughly five workers would support one retiree. The percentage is expected to rise, meaning fewer workers will be shouldering the burden of one retiree.
The necessary course correction will cause short-term pain, experts say, coming at a time of already high youth unemployment and a soft economy.
A 52-year-old Beijing resident, who gave his family name as Lu and will now retire at age 61 instead of 60, was positive about the change. “I view this as a good thing, because our society’s getting older, and in developed countries, the retirement age is higher,” he said.
Li Bin, 35, who works in the event planning industry, said she was a bit sad.
“It’s three years less of play time. I had originally planned to travel around after retirement,” she said. But she said it was better than expected because the retirement age was only raised three years for women in white-collar jobs.
Some of the comments on social media when the policy review was announced earlier in the week reflected anxiety.
But of the 13,000 comments on the Xinhua news post announcing the news, only a few dozen were visible, suggesting that many others had been censored.
Moscow’s envoy to the UN has reiterated where the Kremlin’s red line is
Granting Kiev permission to use Western-supplied long-range weapons would constitute direct involvement in the Ukraine conflict by NATO, Russia’s envoy to the UN, Vassily Nebenzia, has said.
Moscow will treat any such attack as coming from the US and its allies directly, Russian President Vladimir Putin said on Thursday, explaining that long-range weapons rely on Western intelligence and targeting solutions, neither of which Ukraine is capable of.
NATO countries would “start an open war” with Russia if they allow Ukraine to use long-range weapons, Nebenzia told the UN Security Council on Friday.
“If such a decision is made, that means NATO countries are starting an open war against Russia,” Moscow’s envoy said. “In that case, we will obviously be forced to make certain decisions, with all the attendant consequences for Western aggressors.”
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“Our Western colleagues will not be able to dodge responsibility and blame Kiev for everything,” Nebenzia added. “Only NATO troops can program the flight solutions for those missile systems. Ukraine doesn’t have that capability. This is not about allowing Kiev to strike Russia with long-range weapons, but about the West making the targeting decisions.”
Russia considers it irrelevant that Ukrainian nationalists would technically be the ones pulling the trigger, Nebenzia explained. “NATO would become directly involved in military action against a nuclear power. I don’t think I have to explain what consequences that would have,” he said.
The US and its allies placed some restrictions on the use of their weapons, so they could claim not to be directly involved in the conflict with Russia, while arming Ukraine to the tune of $200 billion.
Multiple Western outlets have reported that the limitations might be lifted this week, as US Secretary of State Antony Blinken and British Foreign Secretary David Lammy visited Kiev. Russia has repeatedly warned the West against such a course of action.
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NEWS
China makes its move in Africa. Should the West be worried?
Published
2 months agoon
September 11, 2024Beijing maintains a conservative economic agenda in its relations with the continent, while finding it increasingly difficult to avoid a political confrontation with the West
The ninth forum on China-Africa Cooperation (FOCAC) and the FOCAC summit held in Beijing on September 4-6 marked a significant phase in Africa’s relations with its global partners in the post-Covid era. China is the last major partner to hold a summit with African nations following the end of the pandemic; Africa summits were held by the EU and the US in 2022, and by Russia in 2023. The pandemic, coupled with rising global tensions, macroeconomic shifts, and a series of crises, underlined Africa’s growing role in the global economy and politics – something that China, which has undergone major changes (both internal and external) as a result of the pandemic, is well aware of.
It is clear that the relationship between China and Africa is entering a new phase. China is no longer just a preferential economic partner for Africa, as it had been in the first two decades of the 21st century. It has become a key political and military ally for many African countries. This is evident from China’s increasing role in training African civil servants and sharing expertise with them, as well as from several initiatives announced at the summit, including military-technical cooperation: officer training programs, mine clearing efforts, and over $100 million which China will provide to support the armed forces of African nations.
In the political arena, however, Beijing is proceeding very cautiously and the above-mentioned initiatives should be seen as the first tentative attempts rather than a systematic strategy.
While China strives to avoid political confrontation with the West in Africa and even closely cooperates with it on certain issues, it is becoming increasingly difficult to do so. Washington is determined to pursue a policy of confrontation with Beijing in Africa – this is evident both from US rhetoric and its strategic documents.
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A “divorce” between China and the West is almost inevitable. This means that Chinese companies may lose contracts with Western corporations and won’t have access to transportation and logistics infrastructure. Consequently, China will need to develop its own comprehensive approach to Africa, either independently or in collaboration with other global power centers.
An important sign of the growing confrontation between the US and China in Africa was the signing of a trilateral memorandum of understanding between China, Tanzania, and Zambia regarding the reconstruction of the Tanzania-Zambia Railway (TAZARA), which was originally built by China in the 1970s. If it is expanded, electrified, and modernized, TAZARA has the potential to become a viable alternative to one of the key US investment projects in the region: the Lobito Corridor, which aims to enhance logistics infrastructure for exporting minerals (copper and cobalt) from the Democratic Republic of the Congo and Zambia by modernizing the railway from the DR Congo to the Angolan port of Lobito.
In inland regions such as Eastern Congo, transportation infrastructure plays a crucial role in the process of mineral extraction. Considering the region’s shortage of rail and road networks, even a single non-electrified railway line leading to a port in the Atlantic or Indian Ocean can significantly boost the operation of the mining sector and permanently tie the extraction and processing regions to specific markets.
It appears that China’s initiative holds greater promise compared to the US one, particularly because Chinese companies control major mines both in the Democratic Republic of the Congo and Zambia. This gives them a clear advantage in working with Chinese operators and equipment, facilitating the export of minerals through East African ports. Overall, this indicates that East Africa will maintain its role as the economic leader on the continent and one of the most integrated and rapidly developing regions for imports.
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The highlight of the summit was China’s pledge to provide $50 billion to African countries over the next three years (by 2027). This figure echoes the $55 billion commitment to China made by the US (for 3 years) at the 2022 US-Africa Summit and the $170 billion that the EU promised to provide over seven years back in 2021. Consequently, leading global players allocate approximately $15-20 billion annually to Africa.
In recent years, there has been noticeable growth in such promises. Nearly every nation is eager to promise Africa something – for example, Italy has pledged $1 billion annually. However, these large packages of so-called “financial aid” often have little in common with actual assistance, since they are typically commercial loans or corporate investments. Moreover, a significant portion of these funds is spent in the donor countries (e.g. on the procurement and production of goods), which means that they contribute to the economic growth of African nations in a minimal way.
As for China, it will provide about $11 billion in genuine aid. This is a substantial amount which will be used for developing healthcare and agriculture in Africa. Another $30 billion will come in the form of loans (roughly $10 billion per year) and a further $10 billion as investments.
The overall financial framework allows us to make certain conclusions, though it’s important to note that the methodology for calculating these figures is unclear, and the line between loans, humanitarian aid, and investments remains blurred. In terms of investments (averaging around $3 billion per year), Beijing plans to maintain its previous levels of activity – in recent years, China’s foreign direct investments (FDI) have ranged from $2 billion to $5 billion annually. Financial and humanitarian aid could nearly double (from the current $1.5 billion-$2 billion per year) while lending is expected to return to pre-pandemic levels (which would still be below the peak years of 2012-2018).
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China’s economic plan for Africa seems to be quite conservative. It’s no surprise that debt issues took center stage during the summit. During the Covid-19 pandemic, macroeconomic stability in African countries deteriorated, which led to challenges in debt repayments and forced Africa to initiate debt restructuring processes assisted by the IMF and the G20. Starting in 2020, a combination of internal and external factors led China to significantly cut its lending to African countries – from about $10-15 billion down to $2-3 billion. This reduction in funding has triggered economic reforms in several African countries (e.g. Ghana, Kenya, and Nigeria), which have shifted toward stricter tax and monetary policies. While promises to increase lending may seem like good news for African nations, it’s likely that much of this funding will go toward interest payments on existing obligations and debt restructuring, since China wants to ensure that its loans are repaid.
Despite China’s cautious approach to Africa, its interaction with the continent will develop as a result of external and internal changes affecting both Africa and China. Africa will gradually become more industrialized and will reduce imports while the demand for investments and local production will increase. China will face demographic challenges, and its workforce will decrease. This may encourage bilateral cooperation as some production facilities may move from China to Africa. This will most likely concern East African countries such as Ethiopia and Tanzania, considering China’s current investments in their energy and transportation infrastructure. Additionally, with Africa’s population on the rise and China’s population declining, Beijing is expected to attract more African migrant workers to help address labor shortages.
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