http://www.thestar.com/printArticle/207417
Who's watching the generals?
TheStar.com - News - Who's watching the generals?
April 26, 2007
James Travers
OTTAWA–At the centre of the first crisis to threaten Stephen Harper's government is a failure to impose adequate civilian oversight on a military at war. Generals who considered Afghanistan prisoners merely a nuisance had unusual freedom in crafting an agreement that sacrificed safeguards for convenience.
"The military never saw the detainees as a problem," says a source with intimate knowledge of the defence department process. "They saw them as a nuisance that would blow up in the press from time to time."
The high command was half right. The treatment of prisoners captured by Canadians and handed over to the Afghan army is again exploding, this time spectacularly. But more than a passing annoyance, it's putting Defence Minister Gordon O'Connor in jeopardy and dripping acid on already frayed public support for a mission that has claimed 55 Canadian lives.
Almost as troubling for the Prime Minister are the fissures now appearing in a government tightly under his control. Official Ottawa isn't just talking, it's furiously leaking.
Drip by drip, the deepening information pool is drowning any remaining Conservative hopes of taking advantage of Liberal disarray in a spring election. More importantly, it's the source of questions the government doesn't want to answer.
The most hazardous come from a foreign affairs report warning that Afghan prisoners were at risk of abuse, torture and even murder. A heavily edited public version is more positive, but the clandestine copy raises fears for prisoner safety while suggesting that the government is either downplaying or hiding the dangers.
What's now becoming clearer is this: Politicians and civil servants allowed the military extraordinary freedom in striking a late 2005 agreement on the transfer and treatment of prisoners. Finalized in the dying days of Paul Martin's administration and signed in the frenzied run-up to the last election, the document was drafted within the defence department and signed by Chief of Defence Staff Gen. Rick Hillier.
Two elements warrant special attention. One is that the agreement is between the two militaries, not the two governments. The other is that the foreign affairs department – the apparent source of the leaked report – wasn't involved in any significant way.
Of the two, the first is intriguing, the second is more significant. It's symptomatic of a trend that began with Liberals, is accelerating under the Conservatives and helps explain why military concerns were more central to the agreement than human rights.
According to sources, that was so pronounced that extending Geneva Convention protection to prisoners was an afterthought inserted only at the insistence of then defence minister Bill Graham. Even so, the military priority was to dump its detainees on the Afghan army as quickly and with as little public fuss as possible and, most of all, avoid operating its own jail.
Those priorities have been preoccupations of armed forces since at least 2002 when a photograph showing Joint Task Force 2 soldiers with Afghan prisoners sparked a political firestorm. Along with putting the lie to Liberal claims that Canada had not taken prisoners, it exposed Ottawa's policy of turning them over to a U.S. administration operating notorious detention centres.
One ad-hoc defence department solution was to let Afghans operating alongside Canadian troops take control of prisoners. But suspicions about abuse and concerns over Canada's legal liabilities persuaded the Liberal government to move to a formal agreement.
But it and Conservative efforts failed to provide durable guarantees. More damaging politically, O'Connor didn't understand the agreement and earlier this year was forced to apologize to the House of Commons for misleading it about the role of the International Red Cross.
These are multifaceted issues, and the failures now inflaming parliamentary debate have more than one cause. Still, there is an identifiable pattern.
One repeating part is profound military resistance to civilian control. It's understandable – if hardly acceptable in a democracy – that soldiers don't welcome what they dismiss as amateur oversight of technical operations involving life and death.
Harper compounded that problem when he appointed as defence minister a bumbling former Cold War general and arms industry lobbyist. As well as a political embarrassment, O'Connor is proving too weak to exert much control over Hillier, who is enormously popular with the troops and, in a break with Canadian tradition, a willing and powerful political player.
Adding other layers of complexity, Harper is using the Afghanistan mission as a wedge political issue. The unforeseen result is increasingly damaging to the Prime Minister.
O'Connor's performance doesn't instil public confidence, questions linger about what the government knew, or wanted to know, about prisoner abuse and there are even more disturbing doubts about political as well as bureaucratic control over the military. A prime minister positioned far above his cabinet and party must now answer those questions and dispel those doubts if he is to control the damage of this government's first crisis.
I watched O'Connor yesterday being questioned in front of the Commons Foreign Affairs Committee. The man is in over his head politically, rigid and brittle to most aggressive questions. Meanwhile Hillier was smooth and unflappable. Even the JAG officer was comfortable answering questions and was in command of his portfolio.
Sorry but it's time for O'Connor to go. Guess it proves the old adage mentioned here that you never put a military man in charge of Defence.