Google AI


Modern Australian

The Christchurch commission’s call to improve social cohesion is its hardest — and most important — recommendation

  • Written by: Alexander Gillespie, Professor of Law, University of Waikato

The most fundamental obligation of any state is the safety of its citizens. On March 15, 2019, New Zealand completely failed in this obligation. The Royal Commission of Inquiry into the Terrorist Attack on Christchurch Mosques was designed to tell us why and how this happened — why 51 people were murdered, and what steps need to be taken to prevent such acts recurring.

In a nutshell, the commission concluded no one was solely to blame. It was a collective failure, divided between the security agencies, the police and a population lacking social cohesion and with a fear of speaking out.

The failure of the security agencies was unremarkable in the commission’s analysis. They were alienated, under-resourced and overly focusing counter-terrorism resources on the threat of Islamist extremism.

While the agencies were aware of right-wing extremism, their intelligence was underdeveloped — but even if it had been better, the outcome may not have been different.

The primary reason the terrorist was not detected, the commission concludes, was due more to

the operational security that the individual maintained, the legislative authorising environment in which counter terrorism operates, and the limited capability and capacity of the counter terrorism agencies.

Jacinda Ardern and ministers speaking to media Prime Minister Jacinda Ardern and senior cabinet ministers talk to media outside Nga Hau E Wha National Marae in Christchurch, ahead of the report of the royal commission being made public. GettyImages

Intelligence and police failures

So, there was “no plausible way he could have been detected except by chance”. And apparently, this failure to detect was “not in itself an intelligence failure”. In fact, no security agency failed to meet required standards or was otherwise considered to be at fault.

Views will differ on that, but the culpability of the police is clearer. The report concludes their administration of the firearms licensing system did not meet required standards, due to a lack of staff guidance and training, and flawed referee vetting processes.

This intersected with the regulation of semi-automatic firearms which was “lax, open to easy exploitation and was gamed by the individual”.

Even so, the commission concluded it was possible, perhaps likely, that the terrorist would eventually have been able to obtain a licence. Beyond that is supposition: an effective licensing regime may have delayed his preparation, but whether it would have changed his mind about the attack, the target, the weapons, or even the country he was in, will always be unknown.

Whether these failings are sufficient for ministerial and/or agency accountability is a matter of debate. The last time anything comparable happened was after the Cave Creek disaster in 1995, when the responsible minister resigned over the systemic failure at the Department of Conservation.

Read more: Remembering my friend, and why there is no right way to mourn the Christchurch attacks

Preventing another attack

Official accountability aside, the commission sets out the road map to prevent such an attack happening again. Fixing the firearms licence process will be the easiest. The six recommendations calling for enhanced standards and improved quality control dovetail with laws put in place after the attack.

The type of firearms used in the attack are largely prohibited and those who show “patterns of behaviour demonstrating a tendency to exhibit, encourage, or promote violence, hatred or extremism” can no longer be considered fit and proper to possess a firearm.

The other change will be harder. There are no fewer than 18 different recommendations aimed at the security agencies, starting with the creation of a new ministerial portfolio and establishment of a new national intelligence and security agency.

Read more: Jailing the Christchurch terrorist will cost New Zealand millions. A prisoner swap with Australia would solve more than one problem

It will need to be well-resourced and empowered to meet a range of objectives, from developing a counter-terrorism strategy to creating a public-facing policy that addresses, prevents, detects and responds to extremism.

Also among the recommendations are greater information sharing between agencies, public outreach, the reporting of “threatscapes” and developing indicators identifying a person’s potential for violent extremism and terrorism.

All commendable goals, but how they will be reconciled with existing security agency remits, and whether there is a budget to meet such ambitions, is not clear at this stage.

Jacinda Ardern and others at a mosque Imam Gamal Fouda of Al Noor Mosque, Prime Minister Jacinda Ardern and Muslim Association Canterbury President Mohamed Jama at the unveiling of a plaque honouring the 51 people who lost their lives in the Christchurch mosque terror attacks. GettyImages

The need for social cohesion

Perhaps most surprising in the report is the suggestion that the likeliest thing to have prevented the attack would have been a “see something, say something” culture — one in which those with suspicions about another person could safely raise their concerns with authorities.

“Such reporting,” the commission says, “would have provided the best chance of disrupting the terrorist attack.” This is a remarkable sentence, both brilliant and unnerving. It suggests the best defence against extremism was (and is) to be found within ourselves, and in the robust and multicultural communities we must create.

Read more: No rehab and little chance of appeal for the Christchurch terrorist jailed for life without parole

However, successive governments have failed in this area through their reluctance to make counter-terrorism strategies more public, perhaps worried about alienating or provoking sections of the population.

It’s a paradox, to say the least, but the commission recommends several measures to enhance social cohesion, beginning with the need to support the ongoing recovery needs of affected family, survivors and witnesses.

These evolve into a variety of soft goals, ranging from the possibility of a new agency focused on ethnic communities and multiculturalism, to investing in young New Zealanders’ cultural awareness.

Again, these recommendation are commendable, but the proof will be in their resourcing and synchronising with existing work in this area.

Free speech and public safety

Greater immediate progress may be made in the prevention of hate speech and an extension of the censorship laws to prohibit material advancing racial hatred, discrimination and/or views of racial superiority.

Although New Zealand already has law in this area (covering discrimination and sentencing in crimes related to race, ethnicity or religion), there remains a large gap when it comes to what is and isn’t permissible speech.

It then becomes a vexed question of the limits of free expression, and would be difficult to craft into law. But if the government could do this, a significant advance will have been made.

So, after all of these words, will the vision of this royal commission make New Zealand safer in the future? The answer is yes, risks can be reduced — but it is a long road ahead.

Authors: Alexander Gillespie, Professor of Law, University of Waikato

Read more https://theconversation.com/the-christchurch-commissions-call-to-improve-social-cohesion-is-its-hardest-and-most-important-recommendation-149969

Better Business Photos Without Misleading Customers: An Australian Guide

A timber dining set looks inviting against a sunny deck, with cushions, lanterns and enough chairs for the whole family. But imagine the retailer sell...

Understanding a dental implant Melbourne Treatment Plan

A dental implant Melbourne patients may consider is one option for replacing a missing tooth, but suitability depends on oral health, bone support a...

How 3PL Logistics Australia Supports Faster and More Efficient Supply Chains

Why Has 3PL Logistics Become Important for Growing Businesses?  Gone are the days when supply chains were simpler and in minimal quantity. Now, the...

Common Skin Concerns and Treatment Options Available in Melbourne

Skin concerns can develop gradually or become noticeable following changes in age, lifestyle, sun exposure or hormonal factors. Pigmentation, rednes...

Why a Code-Compliant Home Can Still Feel Uncomfortable

When people build or renovate a home, they usually expect that meeting current building requirements will also produce a comfortable place to live. ...

Breach of Contract in Business: What Are Your Options?

Contracts are essential to business relationships. They establish expectations, allocate responsibilities and provide a framework for delivering goods...

How Pest Control Companies Can Rank for the Problems Customers Search First

Introduction SEO for Pest Control needs to start with the customer’s problem. Most people do not search for pest services in a neat or technical wa...

What Are the Benefits of Renovating an Older Home in Sydney?

Sydney has plenty of character homes, from Federation cottages to mid-century brick homes. Renovating rather than rebuilding can preserve what makes t...

Pool and Deck Design: How to Plan the Perfect Outdoor Living Space for Your Sydney Home

For many Australians, the backyard is where life happens. Summer barbecues, weekend swims and long evenings outdoors are all part of the lifestyle, ...

Is Solar Pool Heating Worth It? What Sydney Homeowners Should Know

There's nothing quite like a backyard pool on a hot Sydney day. But once autumn rolls in, many pools sit unused for months because the water is simp...

Planning a Luxury House Move: A Week-by-Week Timeline for Prestige Sydney Homes

Selling or buying a prestige home is a major milestone. Whether it's a waterfront residence in Birchgrove, a grand Federation home in Haberfield or ...

Downsizing or Upgrading Your Caravan? Here's How to Sell It Without the Hassle

Selling a caravan can feel like a major task, especially when you are unsure about its value, paperwork, or how to find a buyer. Whether you are dow...

The Best Overseas Adventure Holidays for Australians Who Love the Outdoors

Australia offers no shortage of incredible outdoor experiences, but sometimes the best way to satisfy your sense of adventure is to head overseas. A...

Cape Town Wine Shuttle: Winelands Tasting & Tours

Embark on an unforgettable journey through the picturesque Cape Winelands, where world-class wines and breathtaking scenery await. Our Cape Town Win...

Metal Fabrication: Choosing Metal Fabrication Melbourne Services for Custom Projects

What Modern Metal Fabrication Involves From individual components to complete structures, metal fabrication brings together processes such as desig...

Why Giant Rats Tail Grass Keeps Coming Back After Spraying

Giant Rats Tail Grass (GRT) is one of the most frustrating pasture weeds for farmers and lifestyle property owners. You spray an infested area, see th...

When Custom Cardboard Boxes Make Sense for Your Business

Custom cardboard boxes can be useful when a standard carton does not fit a product, packing method or presentation requirement particularly well. A ...

Full-Height vs. Pop-Top Caravan: Which Is Better for Family Travel across WA?

A pop-top caravan is an excellent choice for travellers who want the comfort of a caravan without committing to a larger, bulkier setup. With a lowe...