Explainer: how the Australian intelligence community works



File 20180509 34021 zjlpgv.jpg?ixlib=rb 1.1
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.


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.

The ConversationImplementing 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.

Advertisements

CHINA: LEGAL WHEELS TURN SLOWLY FOR UYGHUR CHRISTIAN


Detained since January, Alimjan Yimit awaits new court date.

DUBLIN, November 11 (Compass Direct News) – Chinese officials have yet to declare a new court date for Alimjan Yimit, a Christian house church leader and ethnic Uyghur in China’s northwest province of Xinjiang detained since his arrest on Jan. 12.

Alimjan’s name appears as Alimujiang Yimiti in Chinese documents.

State prosecutors in mid-October returned Alimjan’s case to a Xinjiang court for consideration, China Aid Association (CAA) reported. Court officials have refused to release details of the case to the public, but sources told Compass that further legal action is expected imminently.

Charges against Alimjan include “inciting secessionist sentiment to split the country” and “collecting and selling intelligence for overseas organizations,” CAA reported in June. Officials have threatened to hand down a sentence ranging from as much as six years in prison to execution.

Once a Muslim, Alimjan converted to Christianity more than 10 years ago and became active in the growing Uyghur church. Friends said they believe his faith is the real reason for his arrest.

His wife Gulnur has consistently proclaimed his innocence, pointing out that as an agricultural worker he had no access to information affecting national security and therefore could not be guilty of leaking such information.

Alimjan’s hair, dark when police arrested him on Jan. 12, is now graying as a result of harsh conditions in detention, sources said.

During Alimjan’s employment with two foreign-owned companies, officials from the State Security Bureau (SSB) regularly called him in for interrogation, forbidding him to discuss the questioning with anyone.

In September 2007, they closed the business Alimjan worked for and accused him of using it as a cover for “preaching Christianity among people of Uyghur ethnicity.”

Lawyers had hoped for an early acquittal for Alimjan based on evidence of unfair treatment due to his Christian beliefs. A lengthy bureaucratic process, however, has dimmed these hopes.

A trial was initially scheduled for April but postponed while court documents – including interrogation records from the Xinjiang SSB – were translated from Uyghur into Chinese.

When the case was heard on May 27, court officials allowed Alimjan’s two lawyers to be present but banned his wife from entering the courtroom due to the “sensitivity” of the case. After deliberations the court returned the case to state prosecutors citing insufficient evidence. (See Compass Direct News, “Court Cites ‘Insufficient Evidence’ in Christian’s Trial,” May 30.)

In September, Public Security Bureau officers in Xinjiang returned the case to state prosecutors, who again presented it to the court for consideration in October.

 

Another Uyghur Christian’s Appeal Denied

A second Uyghur Christian, Osman Imin, has aged dramatically and his health has deteriorated due to conditions in a labor camp where he is forced to work 12 to 15 hours per day.

In Chinese documents, Osman’s name appears as Wusiman Yaming.

The State Security Bureau in Hetian City, Xinjiang in September 2007 sentenced Osman to two years of re-education through labor for “revealing state secrets” and “illegal proselytizing.” Associates, however, said his arrest had nothing to do with disclosure of state secrets but with the fact that he was an outspoken Christian and a leader in the Uyghur church.

Authorities first arrested Osman in October 2004, holding him in a detention center in Hotan, southern Xinjiang, for an unspecified “violation of law,” according to CAA.

During his initial detention, Osman was chained to a metal bed and beaten repeatedly during interrogations, a source that spoke on condition of anonymity told Compass. (See Compass Direct News, “Uyghur Christians Arrested, Jailed in Xinjiang,” February 11.)

Osman was released on bail on Nov. 18, 2004 and bail was canceled in October 2006. On July 26, 2007, however, he was again placed under supervised house arrest and finally detained by police on Nov. 19 for allegedly leaking state secrets.

Officials had called for a 10- to 15-year criminal sentence, but after international media attention they reduced the term to two years in labor camp.

When Osman’s lawyer Liang Xiaojun appealed his sentence in June, court authorities insisted on a closed hearing on grounds that the case involved confidential information, CAA reported. They turned down the appeal, refusing to explain why and denying Osman proper access to his lawyer, which violated normal court procedure.

Compass previously reported that officials had arrested and detained a third Uyghur believer, a woman from southern Xinjiang. Further investigation revealed that both she and her husband were arrested on charges of theft.

Report from Compass Direct News

CHINA: RELIGIOUS FREEDOMS THREATENED AS OLYMPICS DRAW TO CLOSE


House churches asked not to meet during Games; new crackdown planned for October.

DUBLIN, August 20 (Compass Direct News) – As the Olympics draw to a close, new evidence of religious freedom abuses offers a stark contrast to China’s efforts to provide religious services for athletes and visitors during the Games.

China hired religious clerics to provide these services and published a special bilingual edition of the Bible for distribution to athletes and official churches during the event. Simultaneously, officials asked house church leaders in Beijing to sign documents agreeing not to hold services during the Games, the China Aid Association (CAA) reported on August 13.

More ominously, China has planned a new crackdown on four “troublesome elements,” including house church leaders, for October, when most Olympic athletes, tourists and journalists will have left the country, CAA reported on Monday (August 18).

 

Positive Steps

A British-based Christian charity, the Bible Society, provided funding for a special bilingual Olympic edition of 30,000 full Bibles and 10,000 New Testaments for distribution in the Olympic Village and to registered churches in the Olympic cities, the Catholic News Agency reported in June. The Amity Printing Press, China’s only government-approved Bible publisher, printed the books in a new multimillion dollar facility that opened in Nanjing in May.

The Chinese government claims that Amity produces more than enough Bibles to meet the needs of the Chinese church, a claim many religious freedom organizations dispute. Amity also prints Bibles for export internationally.

A report circulating before the Games declared that China had banned Bibles from the Olympic Village, but this report proved false.

Officials also hired religious clerics from the five government-approved faiths to provide services for athletes and tourists during the Games. The five groups are Buddhists, Taoists, Muslims, Protestants and Catholics; each one answers to a specific religious institution appointed to oversee their activities.

 

Restrictions in Place

In the lead-up to the Games, officials asked a number of house church pastors to sign a document agreeing to forego any activities at “Christian gathering sites” or meeting points while the Games took place, according to CAA.

Under this agreement, house churches were banned from gathering from July 15 to October 15, a total of 17 weeks. Those who broke the agreement would face “disciplinary action.”

The agreement asked that house churches “refrain from organizing and joining illegal gatherings and refrain from receiving donations, sermons and preaching from overseas religious organizations and groups that have a purpose.”

The Union of Catholic Asian News confirmed in a report on August 7 that officials had forbidden bishops and priests in unregistered Catholic churches to administer sacraments or do pastoral work during the Games.

Officials placed several underground bishops under house arrest and forbade them to contact their priests, the report added.

In Wuqiu village of Jinxian county, Hebei, police erected a small “house” in front of the cathedral presided over by underground Bishop Julius Jia Zhiguo in order to provide a facility for 24-hour monitoring of the bishop.

Additionally, Bishop Joseph Wei Jingyi of Qiqihar in northeast China received phone calls from government officials asking if he planned to hold any religious gatherings during the Olympics. Wei said he would stay at home and pray for the success of the Games.

Prior to the Games, police banned several Christians from meeting with visiting U.S. government officials and asked others to leave Beijing for the duration of the event.

Police in July repeatedly asked house church pastor Zhang Mingxuan and his wife Xie Fenlang to leave Beijing. When they refused, police on July 18 entered a guesthouse where they were staying and drove them to Yanjiao in neighboring Hebei province.

When Zhang granted an interview to BBC journalist John Simpson, police detained Zhang and Xie before the interview could take place. (See Compass Direct News, “Chinese House Church Pastor Detained,” August 7.)

On August 10, police seized house church pastor and activist Hua Huiqi when he attempted to participate in a service at the government-approved Juanjie Protestant church in Beijing, where U.S. President George Bush was scheduled to appear.

Hua, still in hiding, wrote a letter to Bush later that day, pleading for prayer for his personal safety and for freedom of belief for all Chinese people. (See Compass Direct News, “Chinese Christians Plead for Relief as Olympics Continue,” August 13.)

 

October Crackdown

More prayer may be requested in coming months. China’s Communist Party (CPC) will launch a nationwide crackdown on four “unstable social elements” in October, CAA reported on Monday (August 18).

These elements were listed as illegal Christian house church leaders, petitioners, human rights defenders and political dissidents.

Outlined in a secret government directive passed to CAA, the crackdown is designed to coincide with a new campaign for “20 more years of political and social stability” in China.

In a speech on June 16, Zhou Yongkang, head of the Political and Legal Committee of the Central Committee of the CPC, called for “extraordinary measures” to be taken against these elements in order to protect the CPC’s continuous rule and reform programs.

The Beijing Municipal State Security Bureau has also begun a new citizen informant initiative, requiring ordinary citizens to report individuals and organizations posing a threat to national security, including those who “engage in activities that endanger state security by utilizing religions,” according to CAA.

Report from Compass Direct News

CHINA: CHRISTIANS PLEAD FOR RELIEF AS OLYMPICS CONTINUE


Hua Huiqi writes to President Bush; seminary staff to face trial after Games

DUBLIN, August 13 (Compass Direct News) – Christian activist and house church pastor Hua Huiqi wrote an open letter to U.S. President George Bush on Sunday (August 10), asking for prayer for his personal safety and for freedom of belief for all Chinese people.

Earlier that day, plainclothes policemen detained Hua to prevent him participating in a service at the government-approved Kuanjie Protestant church in Beijing, where Bush was scheduled to attend.

Hua slipped away from police officers when they fell asleep; at press time he was still in hiding.

Several other Christians also remain in detention or under house arrest as the Games continue this week.

In Hua’s letter, published by the China Aid Association (CAA), he thanked Bush for his “concern for the Chinese house churches” and expressed disappointment at not being able to attend the Sunday service. He also described his detention, saying that seven or eight policemen had kicked and punched him before seizing him and his brother, Hua Huilin.

“At the place where they detained us, they conducted an interrogation,” Hua wrote. “They threatened me: ‘We simply won’t allow you to go to Kuanjie Church today. If you say you will go there again, we will break your legs.’”

Hua managed to escape but was fearful of the consequences. “Now I’m wandering outside and dare not go back home,” he wrote. “I am writing this letter to implore you to pray for my personal safety and for the freedom of belief of us Chinese people.”

 

‘Dangerous Religious Element’

Also in Beijing, Christian bookstore owner Shi Weihan remains in custody at the Beijing Municipal Detention Center.

Police initially arrested Shi on November 28, 2007, charging him with “illegal business practices” after he allegedly published Christian literature without authorization for distribution to house churches; but court officials ordered his release on January 4, citing insufficient evidence. Police, who have labeled Shi a “dangerous religious element,” arrested him again on March 19.

Prison authorities have prevented family members from visiting Shi or bringing food and clothing to the detention center. Shi’s lawyer, permitted to visit just once in recent weeks, confirmed that Shi’s health was deteriorating and he was in need of urgent medical attention, according to CAA.

USA Today reported on Monday (August 11) that Shi’s wife, Zhang Jing, said, “It is good that the president can worship here, but it’s not likely that we will have more freedom or be able to register our churches.”

Authorities forced Shi’s Antioch Eternal Life Church to close in June.

“Several house churches have been closed before the Olympics,” Zhang added. “The police say we are threatening national security and demand that my husband give up his faith.”

In the same report, Dennis Wilder, U. S. National Security Council’s director for Asian Affairs, said after a meeting between Bush and President Hu Jintao on Sunday (August 10) that, “Hu seemed to indicate that the door is opening on religious freedom in China and that in the future there will be more room for religious believers.”

 

Seminary Staff Detained

Elsewhere, in Shandong province, two staff members from a house church seminary in Weifang city await trial for running an “illegal business operation” after they attempted to purchase Bibles from Amity Press, China’s official Bible printing facility.

Police briefly detained teacher Jin Xiuxiang on May 20, before asking her to return home. On May 29, police and officials from the State Administration of Religious Affairs raided the seminary, arresting Jin and another teacher, Zhang Yage, along with Principal Lu Zhaojun, for “running a school without a license.” They also seized seminary property, including Bibles and other Christian literature, a minivan and a bank card, according to CAA.

All three were released on May 28, after CAA reported the raid. When Lu and Jin returned to the police station on June 2 to inquire about confiscated goods, however, officials detained them again and sentenced them to one month of criminal detention for carrying out an “illegal business operation.” The goods were not returned.

Authorities then released Lu and Jin on bail on July 12, informing them that they would face trial after the Games. Compass sources yesterday confirmed that Lu and Jin are under close surveillance.

House church pastor Zhang Mingxuan and his wife Xie Fenglan, detained last week after they agreed to an interview with a BBC journalist, are still in police custody, according to Compass sources.

Police had repeatedly asked Zhang and Xie to leave Beijing for the duration of the Games and eventually expelled them from their apartment. Finally, on July 18 police forcibly took them from a guesthouse in Beijing and drove them to Yanjiao in neighboring Hebei province. The couple then moved to a more remote town to await the completion of the Games, CAA reported.

Report from Compass Direct News