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NZCPR
Mid-week Politics
Murray McCully MP
2 July 2008
Clark
for UN Human Rights Role? |
The
announcement that New Zealand has declared its candidacy for
membership of the United Nations Human Rights Council raises a
number of interesting questions. Like why are we doing this?
And what do we hope to achieve? A website was launched to
support New Zealand’s candidacy last week. And no doubt some
considerable sums of cash will be sunk into MFAT lobbying. All
in the cause of winning election to one of the more
disreputable institutions to be spawned out of the United
Nations in recent years.
The UN
Human Rights Council was established in March 2006 to replace
the totally discredited UN Human Rights Commission. That
organisation had morphed into an assembly of dictatorships,
terrorist sympathisers and outright whackos (including such
human rights luminaries as Zimbabwe, Syria, Libya and China).
The final straw was the uncontested election to the Commission
chair of Sudan, the home of ethnic cleansing. Even the United
Nations was embarrassed to own them.
The new
Council of 47 elected members was designed to establish a
credible UN assembly to focus on international human rights
issues. But the track record to date has not been promising.
Devoting much of its efforts to regular criticisms of Israel,
the Council voted down (22-20) a resolution calling on the
Sudanese Government to prosecute those responsible for killing
raping and injuring innocent civilians in Darfur.
Britain has
recently been the very fortunate recipient of the Council’s
wisdom. A Sri Lankan initiative was passed calling on Britain
to abolish the monarchy and have a written constitution. Sri
Lanka, it would be fair to say, has less than an unblemished
track record on human rights issues in recent times. But so
busy has the Council been persecuting Israel and dealing with
pressing human rights issues around the British monarchy that
human rights abuses in Tibet, China, Zimbabwe, Burma and a
variety of other places have not attracted the Council’s
interest, let alone condemnation.
Last week,
the Human Rights Council elected Nigeria as Council chair for
the next year. An interesting call since Nigeria has been the
subject of more than a little comment on the human rights
front. Minor matters like gross irregularities in recent
presidential, governorship and assembly polls. And the odd bit
of armed thuggery and murder against opposing candidates and
their supporters. Then there are the examples of
extra-judicial executions that Amnesty International reported
in the Niger Delta. Oh, and the reports of intimidation and
harassment against journalists and human rights activists.
Clearly these are just the guys to be heading up the UN Human
Rights Council.
So why, we
wonder, has New Zealand decided to use valuable MFAT time and
money campaigning to join this illustrious body? The United
States has just made the decision to pull out of active
participation. But hey, if New Zealand does win a seat around
the Council table from 2009 there is one very significant
benefit. Hopefully by next year Helen Clark will be freed up
from other duties and available to become our Permanent
Representative. A few quick tales on her excursions with the
Electoral Finance Act and she would be bound to win any ballot
for the chair. The perfect retirement role for our UN-centric
Prime Minister.
Defence
Flunks Acquisition Audit
Regular
readers of this newsletter will be aware that the worldwide
headquarters of mccully.co is more than a little exercised
over the inability of our Defence Ministry to competently
manage the process of purchasing major equipment. The LAVs,
the LOVs, the multi-role vessel, the patrol boats, the
helicopters – you name it: each new contract has attracted
new criticism and new attention from the Auditor-General
(A-G). So when the A-G decided to have a look at all of the
major acquisitions undertaken in recent years to assess the
nature of any systemic problems (of which there are clearly
many) MPs and commentators alike breathed a sigh of relief.
Now, surely, we would find out what went amiss in all of these
cases. Right? Wrong!
The bad
news starts in the foreword:
“My staff
were unable to complete the audit as originally intended. A
lot of the detailed information that I expected the defence
agencies to have was not readily available."
So the
Auditor-General, having made the significant, even momentous
decision to review all ten recent major Defence acquisition
projects together has had to make the equally momentous
decision to abandon his audit because the Ministry can’t
give him the information to audit. How bad is that?
And the
Parliament, frustrated by ongoing blowouts in major projects
like the NH90 helicopters (about a $300 million increase on
what was supposed to be a $500m budget), which had expected
the A-G to identify the causes so that the solutions could be
monitored, is now left shaking its head in wonderment.
Equally
serious is the focus on the continued failure of Defence to
actually deliver new acquisitions on timetable. The A-G
chronicles a saga of ongoing but unexplained delays. But if
Defence can't supply the A-G with information, the A-G can't
tell Parliament how to fix that either. Although the report
gives a very strong clue as to the real problem.
The A-G
focuses on the major blowouts which have occurred between the
Approval to Commence (when Cabinet gives a green light to
proceed with a project) and the Approval to Commit (when
Cabinet agrees that a contract can be signed). The Capability
Management Framework (CMF) is the Defence rule-book for
managing such contracts. The A-G notes that "the CMF
states that accurate cost estimations are critical at the
Approval to Commence stage." Yet Defence has told the A-G
that "cost estimates at this point are, at best an
'intelligent guess’”. (The word “intelligent” in this
context clearly used with a heavy sense of irony).
In other
words, Defence have not followed their own rule book and the
report gives little confidence that they have any intention of
doing so in future. The A-G states "my staff and the
Ministry of Defence disagreed on the point in the acquisition
process from which changes should be monitored and
reported" (which is very unfortunate because the CMF
rule-book is very clear that the A-G is right and the Ministry
wrong). The A-G is clear in his view that when Defence seek
Cabinet approval to commence a project of this sort, they
should supply "robust" estimates, and that any
changes from that point should be clearly monitored and
reported. But Defence have ignored both their own rule-book,
and the clear view of the A-G. Worse, their Minister, Phil
Goff, is clearly complicit in this clear breach of
accountability requirements.
The report
sheds no light on how the Ministry has managed to superintend
the construction of in-shore and off-shore patrol boats that
flunked their Lloyds survey, or how they managed to construct
a multi-role vessel with all of the seaworthiness capabilities
of a wallowing pig. But those questions will wait.
In all of
this the approach and demeanour of Defence Minister Phil Goff
has been deeply revealing. Rather than insisting that CMF
guidelines are adhered to and demanding explanations as to why
his Ministry is blowing out budgets and purchasing dodgy gear,
Goff has been insisting that the report is good news because
it doesn't reveal incompetence or negligence (which, given
that the auditor can't find anything to audit, is hardly
surprising). While the new Secretary of Defence, John McKinnon,
gives every impression that he is intent on a tidy-up, Goff is
doing precisely the opposite. All of which indicates that Goff
is very much part of the problem, not part of the solution.
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