Explainer: how the Australian intelligence community works

Malcolm Turnbull has put Peter Dutton at the head of the Home Affairs super portfolio.
AAP/Glenn Hunt

John Blaxland, Australian National University

This article is the first in a five-part series exploring Australian national security in the digital age.

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National security, intelligence and espionage have been in the headlines due to events abroad and significant developments at home. News of diplomatic expulsions, cyber-attacks, leaked documents about sweeping new surveillance powers and the creation of a new Home Affairs Department make it hard to follow.

What’s more, everyone has heard of the CIA, for instance, but Australia’s own national security organisations are comparatively unknown. So how is intelligence gathered? What are Australia’s peak national security bodies and how do they interact?

Australia’s national security architecture consists of a number of federal government departments and agencies, with links to state government counterparts. These include the state police forces and counter-terrorism authorities. Those arrangements are in transition, the full details of which are still to unfold.

The major players

The peak national security body in the Commonwealth is the National Security Committee of Cabinet (NSC). It includes the ministers of the principal departments concerned with national security, including the Departments of Defence, Home Affairs, Foreign Affairs and Trade, the Attorney-General, Prime Minister and Cabinet, and Treasury.

Several of the ministers on the NSC oversee a range of national security bodies. These have emerged as a result of trial and error, royal commissions and various reforms over several decades.

For starters, the defence portfolio includes a range of military intelligence units. There are hundreds of uniformed intelligence practitioners across the nation in the navy, air force and army, as well as in the Headquarters Joint Operations Command in Canberra. It also includes three of the nation’s principal intelligence agencies (with a mix of civilian and military intelligence practitioners):

• the Defence Intelligence Organisation (DIO), defence’s principal intelligence assessment agency

• the Australian Geospatial Intelligence Organisation (AGO), responsible for satellite and aerial imagery intelligence, maps, nautical charts and related geo-spatial products

• the Australian Signals Directorate (ASD), responsible for the collection and processing of signals intelligence (essentially, eavesdropping on radio and electronic transmissions).

ASD’s motto, “to reveal their secrets and protect our own”, captures the essence of its functions, which have been the subject of recent controversy after leaked documents proposed giving the ASD domestic surveillance powers.

The antecedents of these defence agencies date back to the intelligence organisations established, alongside their American and British counterparts, during the second world war. The ties to that era have endured in the so-called “Five Eyes” intelligence arrangement.

Initially focused on signals intelligence (the principal remit of ASD), Five Eyes is a trusted network between the US, Britain, Australia and the two other predominantly English-speaking allies from that era, Canada and New Zealand.

The title was a derivative of the stamp used to restrict the dissemination of sensitive intelligence to a particular classification: “SECRET – AUS/CAN/NZ/UK/US EYES ONLY” – hence Five Eyes.

Nowadays, the network extends beyond signals intelligence and defence circles to include a broader range of departments, including the Department of Foreign Affairs and Trade (DFAT).

DFAT is Australia’s principal agency tasked with “promoting and protecting our interests internationally and contributing to global stability and economic growth”. As part of that role, it is responsible for diplomatic reporting. Much of the information Australia gathers from counterpart governments abroad is collected openly, but discreetly, by Australia’s diplomats.

In addition, the Australian Secret Intelligence Service (ASIS) is in the foreign minister’s portfolio. Established in 1952 and tasked with the collection overseas of secret intelligence, the ASIS mission is listed as being “to protect and promote Australia’s vital interests through the provision of unique foreign intelligence services as directed by the Australian Government”. This is otherwise known as human intelligence collection or, in traditional terms, foreign espionage.

Countering foreign espionage (particularly from Soviet, later Russian and other countries operating in Australia) is the remit of the Australian Security Intelligence Organisation (ASIO). Established in 1949, ASIO has been part of the attorney-general’s portfolio until now.

Today, ASIO’s purpose is described as being to “counter terrorism and the promotion of communal violence”, “counter serious threats to Australia’s border integrity”, “provide protective security advice to government and business” and “counter espionage, foreign interference and malicious insiders”.

The Office of National Assessments (ONA) is Australia’s peak intelligence assessment agency. It was established in 1977, after the Royal Commission on Intelligence and Security commissioned by then Prime Minister Gough Whitlam and chaired by Justice Robert Marsden Hope.

ONA was established to help coordinate priorities across related intelligence agencies. Today, it is charged with assessing and analysing international political, strategic and economic developments for the prime minister and senior ministers. ONA draws on the intelligence collected by the other intelligence agencies, as well as unclassified, or “open source”, intelligence and material provided by international partners.

The agencies mentioned so far – ONA, ASIO, ASIS, AGO, ASD and DIO – form what has come to be known as the Australian Intelligence Community (AIC). The AIC emerged from the reforms initiated by Justice Hope in the 1970s and 1980s, notably following the 1977 commission and the 1985 Royal Commission on Australia’s Security and Intelligence Agencies. The combined effect of these commissions was that ONA was tasked with coordinating intelligence priorities along with the other agencies.

The tangled web of the Australian Intelligence Community.
Office of National Assessments

A greater level of scrutiny

Another mechanism that emerged during this period was the office of the Inspector General of Intelligence and Security (IGIS), currently held by former Federal Court judge Margaret Stone. Established in 1987 with the enduring power of a royal commissioner, the IGIS has extraordinary powers to inspect and review the operations of AIC agencies.

The Parliamentary Joint Committee on Intelligence and Security (PJCIS) exists to provide a level of parliamentary oversight, complementing the work of the IGIS. It conducts inquiries into matters referred by the Senate, the House of Representatives or a minister of the Commonwealth government.

The Intelligence Services Act 2001 saw legislation more closely account for the functions that AIC members were expected to perform and the Inspector General monitors. In addition, an Independent National Security Legislation Monitor (INSLM) was established.

The 2017 Independent Intelligence Review was the third such review since 2001. As part of the review, ONA is to become the Office of National Intelligence (ONI), exercising oversight of the expanded National Intelligence Community (NIC). This covers the initial six AIC members and four additional ones described below.

In addition, ASD is being established as a statutory body (still under the defence minister, but administered separately from the rest of the Defence Department) alongside other principal agencies ASIO and ASIS.

An expanded community with ambiguous oversight

The ONI is now tasked with overseeing implementation of recommendations arising from the 2017 review. This includes managing the four-body expansion to the ten-agency NIC.

These four bodies have played an increasingly prominent national security role since 2001. They are:

• the Australian Federal Police (AFP), with a remit for criminal intelligence and counter-terrorism

• the Australian Transaction Reports and Analysis Centre (AUSTRAC), Australia’s specialist financial intelligence unit

• the Australian Criminal Intelligence Commission (ACIC), responsible for “investigative, research and information delivery services work with law enforcement partners”.

• the Australian Border Force (ABF), described as Australia’s customs service and an “operationally independent” agency in the Home Affairs portfolio.

These agencies work in conjunction with other AIC agencies as well as state police and security counterparts.

The 2017 independent review was announced at the same time the new Home Affairs Department was made public. These four bodies are among the agencies transitioning to the Home Affairs portfolio. This has complicated arrangements for implementing the review recommendations and left considerable ambiguity concerning overlap of changed arrangements.

The INSLM certainly has a significant task as well and the PJCIS will be growing in staff to meet the expanded set of responsibilities outlined by the 2017 review as our intelligence community grows from six to ten agencies.

Implementing the 2017 review recommendations alone presents a significant challenge. The creation of Home Affairs on top of this adds to the complexity at a time of growing security challenges.

John Blaxland, Professor, Strategic and Defence Studies Centre, Australian National University

This article was originally published on The Conversation. Read the original article.

Christian Jailed in Afghanistan to Face Judge on Sunday

Imprisoned since May, father of six has yet to learn charges against him.

ISTANBUL, November 16 (CDN) — An Afghani amputee in prison for his Christian faith since May will face a judge this Sunday (Nov. 21) without legal representation or knowledge of the charges against him, according to local sources.

Authorities arrested Said Musa, 45, on May 31, days after the local Noorin TV station broadcast images of Afghan Christians being baptized and worshiping. Though there were other arrests in May and June during the ensuing man-hunt against Christians, Musa is the only known Christian facing a court case.

Turning from Islam is a capital offence under strict Islamic laws still in place in Afghanistan, which was wrested from the Taliban regime’s hard-line Islamist control in 2001.

The subject of Afghans leaving Islam for Christianity became national news following the Noorin TV broadcast and ignited a heated debate in the country’s parliament and senate. In early June, the deputy secretary of the Afghan parliament, Abdul Sattar Khawasi, called for the execution of converts.

“Those Afghans that appeared on this video film should be executed in public,” he said, according to news sources. “The house should order the attorney general and the NDS [National Directorate of Security] to arrest these Afghans and execute them.”

In June authorities forced Musa to renounce Christianity publicly on television but have continued to hold him in prison without revealing accusations against him. In prison, Musa has openly said he is a follower of Jesus.

In a hand-delivered letter penned last month to the church worldwide, U.S. President  Barack Obama and the heads of NATO’s International Security Assistance Forces, Musa wrote that he was physically and verbally abused by his captors and other prisoners at Ouliat Prison in Kabul.

In broken English, he wrote: “I am very and very in a bad condition in the jail,” and elsewhere in the letter, “I am alone between 400 of terrible wolves in the jail, like a sheep.”  

In the two-page letter, a copy of which Compass received in late October, Musa addressed Obama as “brother” and pleaded with the international community: “For [the] sake [of the] Lord Jesus Christ please pray for me and rescue me from this jail otherwise they will kill me because I know they [have] very very very cruel and hard hearts.”

Musa wrote of being sexually abused, beaten, mocked, spat on and deprived of sleep because of his faith in Jesus. He wrote that he would be willing to suffer for his faith in order to encourage and strengthen other Christians in their faith.

Musa also described how he had repented for denying his faith publicly: “I acknowledge my sin before [the] Lord Jesus Christ: ‘Don’t refuse me before your holy angels and before your father because I am a very very weak and [sinful] man.’”

In his letter, Musa alluded to the lack of justice he faced in prison, saying that the prosecutor had given the judge a false report about him and demanded a bribe from the Christian.

Integrity Watch Afghanistan, an anti-corruption monitor, recently reported that corruption in Afghanistan is rampant and has doubled since 2007. Most Afghans polled in its 2010 report said that state corruption was fueling the Taliban’s growth. Bribes are frequently required for everything from health care to dealing with state bureaucracy.

 

Prison Transfer

Days after the letter was circulated, quiet diplomacy resulted in authorities transferring Musa to a different prison, to keep him separate from prisoners who would likely abuse him for his faith. He is now held at the Kabul Detention Center in the Governor’s Compound.

A state-assigned lawyer has refused to represent him because of his faith. No other lawyer has been willing to represent him, though he has sought legal help.

Musa, known as Dr. Musa, has worked for the International Committee of the Red Cross in Kabul for 15 years fitting people for prosthetic limbs. He also has a prosthetic leg. Married and the father of six young children, he has been a Christian for eight years. His name is also phonetically spelled Sayed Mossa.

For the first two months of his detainment, sources said, Musa’s employer and family could not find out where authorities were holding him. During that time his wife received threats that she must leave Musa. Authorities have so far denied his family access to his file, which includes the charges against him. It is believed that the charges could include apostasy and possibly espionage.

Local Christians and religious freedom monitors have expressed concern that Musa may be made an example.

“The court case against Said Musa is unique,” said one religious freedom advocate, a Christian, under condition of anonymity. “Authorities usually don’t want court cases against Christians. This is high profile, as Musa has been on TV and was put under pressure to deny his faith publicly. This is a kind of a test case to see which law prevails in the country: sharia [Islamic law] or international agreements.”

Afghanistan’s population is estimated at 29 million, with very few Christians among them. Afghan converts from Islam are not accepted or recognized by the predominantly Muslim society. In recent months experts have expressed concern over political threats against local Christians, and many, including those exposed by Noorin TV’s broadcast, have fled the country. Christians who remain are afraid, according to sources.

“Dozens of Afghan Christians left their homes, as the authorities were actively looking for Christians after the television programs,” said the religious freedom monitor.

In the face of societal stigmatization, Christians who dare to meet do so in small groups at homes. Sources report that since the hostilities in May and June, Afghan Christians are very intimidated.

Afghanistan ranks sixth on Christian support oganization Open Doors’ World Watch List of countries where Christians are persecuted.

The country has signed the UN Universal Declaration of Human Rights stipulating religious freedom, and the nation’s constitution also provides a measure of religious liberties under Article 2. Article 3 limits the application of all laws if they are contrary to the “beliefs and provisions of the sacred religion of Islam.”

“It seems that this measure of religious freedom does not apply to those who have turned away from Islam,” said the religious freedoms monitor. “They are seen as apostates, traitors of their faith and country.”

Report from Compass Direct News

‘Pinpricks’ of Truth Making Way into North Korea

Citizens increasingly enlightened about world’s worst violator of religious freedom.

DUBLIN, April 26 (CDN) — As refugees from North Korea and activists from Non-Governmental Organizations (NGOs) gather in Seoul, South Korea this week to highlight human rights violations in the hermit kingdom, there are signs that North Korean citizens are accessing more truth than was previously thought.

A recent survey by the Peterson Institute found that a startling 60 percent of North Koreans now have access to information outside of government propaganda.

“North Koreans are increasingly finding out that their misery is a direct result of the Kim Jong-Il regime, not South Korea and America as we were brainwashed from birth to believe,” Kim Seung Min of Free North Korea Radio said in a press statement. The radio station is a partner in the North Korea Freedom Coalition (NKFC), which is holding its annual North Korea Freedom Week (NKFW) in Seoul rather than Washington, D.C. for the first time in the seven-year history of the event.

“We set out to double the radio listenership of 8 or 9 percent, and we’ve seen a dramatic increase in the number of people who have access to information,” said NKFC Co-Chair Suzanne Scholte. She described the flow of information as “pinpricks in a dark veil over North Korea. Now those pinpricks are becoming huge holes.”

The radio station now air-drops radios into North Korea and broadcasts into the country for five hours a day, adding to information gleaned by refugees and merchants who cross the border regularly to buy Chinese goods.

In recent years the government has been forced to allow a limited market economy, but trade has brought with it illegal technology such as VCR machines, televisions, radios and cell phones that can detect signals from across the border. Previously all televisions and radios available in North Korea could only receive official frequencies. 

“The government hasn’t been able to stamp out the markets, so they begrudgingly allow them to continue,” Scholte confirmed. “This means North Koreans aren’t relying solely on the regime anymore.”

Holding the annual event in Seoul this year sends a significant message, Scholte told Compass.

“This is a spiritual conflict as well as a physical one – some people didn’t want us to call it freedom week,” she said. “But we’re making a statement … God gives us freedom by the very nature of being human and North Koreans are entitled to that too.”

All people say they would never allow the World War II holocaust to be repeated, Scholte said, “but this is a holocaust, a genocide. I firmly believe we will be judged if we fail to intervene.”

The coalition hopes this week’s event will empower the 17,000 strong North Korean defectors in South Korea, awaken the consciousness of the world about human rights conditions in North Korea, and inform all who are suffering in North Korea that others will “work together until the day their freedom, human rights and dignity are realized,” Scholte said in the press statement.

As part of the week’s activities, the coalition will send leaflets into North Korea via balloon stating in part, “In the same year the Universal Declaration of Human Rights was passed, Kim Il-Sung was ensuring that you wouldn’t have any of those rights.”

Religious freedom in particular is almost non-existent. The only accepted belief is Juche – an ideology that strictly enforces worship of the country’s leaders.

“The regime is a perversion of Christianity,” Scholte told Compass. Juche has a holy trinity just as Christianity does, with Father Kim Il-Sung, son Kim Jong-Il, and the spirit of Juche said to give strength to the people.

“Kim Il-Sung is God; a real God can’t replace him,” a former North Korean security agent confirmed in David Hawke’s 2005 report, “A Prison Without Bars.”

While four churches exist in the capital, Pyongyang, experts believe these are largely showpieces for foreign visitors.

The government has allowed token visits from high-profile foreign Christians such as Franklin Graham, president of the Billy Graham Evangelistic Association, who preached at Bongsu Protestant church in Pyongyang in August 2008; and two U.S. Christian bands, Casting Crowns and Annie Moses, attended and won awards at the Spring Friendship Arts Festival in April 2009.

Worship outside limited official venues is simply not tolerated, giving North Korea first place on Christian support organization Open Doors’ 2010 World Watch List for persecution of Christians.

Ordinary citizens caught with a Bible or in a clandestine prayer meeting are immediately labeled members of the hostile class and either executed or placed in prison labor camps, along with three generations of their immediate family. Every North Korean belongs to either the “hostile,” “wavering” or “core” class, affecting privileges from food and housing to education and physical freedom, according to Hawke’s report.

There are no churches outside the capital, but the regime in 2001 estimated there were 12,000 Protestants and 800 Catholics in North Korea. In July 2002 the government also reported the existence of 500 vaguely-defined “family worship centers” catering to a population of approximately 22.7 million, according to a September 2009 International Religious Freedom report issued by the U.S. State Department.

By contrast, South Korea’s Dong-A Ilbo newspaper in July 2009 put the estimate at 30,000 Christians, some NGOs and academics estimate there may be up to several hundred thousand underground Christians.

Uncertain Future

As North Korea celebrated the birthday of Kim Jong-Il on Feb. 16, rumors spread that the elderly leader, currently battling heart problems, had chosen third son Kim Jong-Eun as his successor.

Documents extolling the virtues of Kim Jong-Eun began circulating as early as November, according to the Daily NK online news agency. An official “education” campaign for elite officials began in January and was extended to lesser officials in March. One document obtained by the agency described the “Youth Captain” as being “the embodiment of Kim Il-Sung’s appearance and ideology.”

“Kim picked this son because he’s ruthless and evil,” Scholte said, “but I don’t think they’re quite ready to hand over to him yet. There is an uncertainty, a vulnerability.”

Scholte believes this is the ideal time to “reach out, get information in there and push every possible way.”

“There are many double-thinkers among the elite,” she explained. “They know the regime is wrong, but they have the Mercedes, the education for their kids and so on, so they have no incentive to leave.”

The coalition is trying to persuade South Korea to establish a criminal tribunal, she said.

“North Koreans are actually citizens of South Korea by law,” she said. “We have to let these guys know there’s going to be a reckoning, to create a good reason for them not to cooperate [with authorities].”

Those in other countries have an obligation too, Scholte concluded. “When people walk out of the camps, it will haunt us. They’ll want to know, ‘What were you doing?’ We will be held accountable.”

Article 26 of North Korea’s constitution declares that the people have freedom of religion. The organizers of this year’s freedom week fervently hope that this declaration will soon become a reality.

SIDEBAR

The Cross at the Border: China’s Complicity in Refugees’ Suffering

Non-Governmental Organizations (NGOs) estimate anywhere from 30,000 to 250,000 refugees from North Korea are living in China, either in border areas or deeper inland. Few are Christians when they emerge from North Korea, but the whispered advice among refugees is to “head for a cross,” signaling a Chinese church that may assist them, according to a February 2009 National Geographic report.

Since China will not allow the United Nations High Commissioner for Refugees access to border areas, Chinese Christians work with Christian NGOs to provide an “underground railroad” moving refugees via several routes to safety, most often in South Korea.

Chun Ki-Won, director of Christian NGO Durihana, admits that some of the refugees adopt Christianity to win favor with their rescuers, but others retain and strengthen their faith on arrival in South Korea.

China insists that the refugees are economic migrants and pays police a bounty to arrest and return them to North Korea. On arrival, North Korean officials pointedly question the refugees about contact with Chinese Christians or Christian NGOs. If any contact is admitted, execution or imprisonment is likely, according to David Hawke’s 2005 report, “A Prison Without Bars.”

As one refugee told Hawke, “Having faith in God is an act of espionage.”

Still others choose to return to North Korea with Bibles and other Christian resources at great risk to themselves. For example, officials in June 2009 publicly executed Ri Hyon-Ok, caught distributing Bibles in Ryongchon, a city near the Chinese border, South Korean activists reported.

China remains impervious to the refugees’ plight.

“China fears being flooded by refugees if they show compassion,” said Suzanne Scholte, co-chair of the North Korea Freedom Coalition. “But refugee flows aren’t going to collapse the [North Korean] regime. If that was going to happen, it would have happened already during the famine, so their argument doesn’t hold water.”

She added that North Koreans don’t want to leave. “They leave because of Kim Jong-Il,” she said. “Those [North Korean refugees] in South Korea want to go back and take freedom with them.”

Two U.S. Christians entered North Korea in recent months with the same goal in mind. Robert Park, an evangelical Christian missionary, crossed the border on Dec. 25 with a letter calling for Kim Jong-Il to resign.

Officials immediately arrested Park, according to the regime’s Korean Central News Agency. He was later sentenced to eight years of hard labor but released in late February after making what many experts believe was a forced confession.

Fellow activist Aijalon Mahli Gomes entered North Korea on Jan. 25, the same news agency reported. Officials sentenced Gomes to nine years of hard labor and fined him 70 million new Won (US$518,520). At press time Gomes remained in detention.

Report from Compass Direct News 

Iran Detains Christians without Legal Counsel

Half of those arrested in recent months could face apostasy charges.

ISTANBUL, January 28 (CDN) — At least 14 Christians have been detained in Iranian prisons for weeks without legal counsel in the past few months as last year’s crackdown has continued, sources said.

Three Christians remained in detention at Evin prison after authorities arrested them along with 12 others who had gathered for Christmas celebrations on Dec. 24 in a home 20 kilometers (12 miles) southeast of Iran’s capital, Tehran, according to a source who requested anonymity.

While the others were released on Jan. 4, remaining at Evin prison were Maryam Jalili, Mitra Zahmati and Farzan Matin, according to the source. Jalili is married and has two children.

Matin sounded ill in a short phone conversation this week to his family, the source said.

“Maybe he caught a cold, maybe it’s something else, but for sure they are under heavy pressure,” the source said. “They are not allowed visits from family. It doesn’t seem good.”

Security forces went to the homes of all the detainees and confiscated their books, computers and other literature, according to Farsi Christian News Network. None of the Christians have had access to legal counsel or representation.

“Normally they eventually release them,” said an Iranian source of the Dec. 24 arrests. “They never keep one person forever … but we don’t know when. We are used to living with this kind of government. Therefore we try our best and seek what God will do, and pray that they don’t keep them so long.”

The source said authorities have promised the release of the three Christians arrested Dec. 24 but have yet to let them go.

“They called their families, and they were told they would be released after bail … but then they didn’t [release them],” he said of the three Christians held in Evin.

Within days after the Dec. 24 arrest, Jalili’s sister, Mobina Jalili, and another Christian were arrested in Isfahan. The source said these two have had no contact with their families. The location and conditions of their detainment are unknown. 

Apostasy Charges

In the southwestern city of Shiraz, seven Christians were being detained as of Jan. 11, another source said, and most of them may face charges of apostasy, or leaving Islam.

Family members who have spoken with the arrested Christians said authorities have told the detainees – with the exception of one who was not born a Muslim – that they are guilty of apostasy, the source said.

The names of those detained in Shiraz are Parviz Khaladj, Mehdi Furutan, Roxana Furouyi, Behrouz Sadegh-Khanjani, Abdol Reza Ali Haghnejad, Iman Farzad and one identified only as Mahyar. 

Another Christian in the northern city of Rasht, Davoot Nejatsabet, also has been arrested. And Yousef Nadarkhani, who was arrested last year on Oct. 13 in Rasht, remains in prison.

The source said the government was in crisis with so many of its citizens continuing to openly protest against it, and that this was an opportune moment to lash out against Christians.

“They see that the West is keeping quiet about Christians,” said the source. “But the Christians should mobilize about what is happening.”

Arrested Christians are regularly denied legal counsel. Often Christians are charged with other crimes, such as espionage or disrupting public order, because of their faith. The charged political climate in Iran has made it nearly impossible for Christians to find appropriate defense lawyers they can afford, a source said. Many of Iran’s human rights lawyers have either fled the country, the source said, are in prison or are otherwise unable to take up Christian cases.

Under sharia (Islamic law), apostasy is one of several “crimes” punishable by death, although Islamic court judges are not required to hand down such a sentence. No converts to Christianity have been convicted of apostasy since international pressure forced officials to drop the death sentence of Christian convert Mehdi Dibaj in 1994.

In the years following the convert’s release, however, Dibaj and four other Protestant pastors, including converts and those working with them, have been murdered. The murderers of the Christians have never been brought to justice, and government officials are suspected of playing a role in the killings.

Governmental and non-governmental agencies say that Christian converts are regularly placed under surveillance, arrested, imprisoned without due process and tortured. Muslim-born Iranians who have embraced Christianity are legally prohibited from practicing their newfound faith.

Report from Compass Direct News