VZCZCXRO1206
RR RUEHAP RUEHDT RUEHNZ RUEHPB
DE RUEHWL #0223/01 2010516
ZNR UUUUU ZZH
R 200518Z JUL 09
FM AMEMBASSY WELLINGTON
TO RUEHC/SECSTATE WASHDC 0069
INFO ASEAN REGIONAL FORUM COLLECTIVE
RUEHAP/AMEMBASSY APIA 0008
RUEHBY/AMEMBASSY CANBERRA 0019
RUEHDN/AMCONSUL SYDNEY 0021
RUEHNZ/AMCONSUL AUCKLAND 0018
RUEHWL/AMEMBASSY WELLINGTON

UNCLAS SECTION 01 OF 03 WELLINGTON 000223 
 
SIPDIS 
SENSITIVE 
STATE FOR STATE FOR EAP/ANP 
PACOM FOR J01E/J2/J233/J5/SJFHQ 
 
E.O. 12958: N/A 
TAGS: PGOV KDEM PREL AF NZ
SUBJECT: ENGAGING AN MP CRITIC OF AFGHAN COMBAT OPS 
 
Wellington 179 
 
¶1. (SBU)  Summary.  On July 15, Charge lunched with freshman Green 
Party MP Dr. Kennedy Graham, a former NZ and UN diplomat who recently 
questioned the legitimacy of Operation Enduring Freedom in the New 
Zealand Parliament.  At lunch, Graham eloquently displayed his 
extensive knowledge and understanding of global affairs, particularly 
climate change and international law.  An evident multilateralist, 
Graham remained strong in his assertion that a government must, above 
all, consider international law when embarking on national action to 
advance global security and revealed he has sponsored legislation to 
that end.  Graham may be a moderating influence on his frequently 
radical party.  His contribution to party discussion could yield more 
pragmatic policy positions which could, in turn, allow for closer 
relations with NZ's two biggest parties, the more mainstream National 
and Labour.  The meeting with Graham was highly positive and 
established the makings of a constructive relationship.  End Summary. 
 
 
Background: Green Party MP Disputes Legality of OEF 
--------------------------------------------- ------ 
 
¶2. (U)  On June 16, new Green Party MP Dr. Kennedy Graham posed a 
number of critical questions to Foreign Minister Murray McCully in 
the NZ Parliament on Operation Enduring Freedom's (OEF) legal 
mandate.  The next day, Graham gave a speech in Parliament where he 
developed the underlying thesis of his questions the previous day, 
that because OEF presently does not operate under a specific UN 
resolution it is, in actual fact, illegitimate.  Graham thus asserted 
that the GNZ is duty bound not to commit any combat force in support 
of OEF (Reftel Wellington 179).  The GNZ is presently considering 
whether to accede to a USG request to send additional forces to 
support combat operations in Afghanistan. 
 
Affirms Primacy of International Law 
------------------------------------ 
 
¶3. (SBU)  On July 15, Charge and Political Assistant had lunch with 
Graham where the topic of Afghanistan came up.  Graham conceded that 
the challenge in establishing a secure and stable Afghanistan is 
complex and demanding.  Nevertheless, he steadfastly, yet evenly, 
re-asserted that OEF presently operates under an imprecise mandate 
and that only an explicit UN resolution can provide correction.  The 
former NZ and UN diplomat Graham, predictably, proved his 
internationalist credentials and demonstrated that he is likely to 
become one of the NZ Parliament's strongest advocates of 
multilateralism.  He  underscored his OEF position by arguing that 
strengthening the rule of international law, through national action 
as provided for and in the UN Charter, is the most effective way of 
promoting international and national security for all nations and 
their peoples.  [Note.  Graham teaches International Law at 
Canterbury University on a part-time basis.  End Note]. 
 
¶4. (SBU)  We reminded Graham that OEF acquired its legitimacy via 
others means aside from a specifically-drafted UN resolution.  He 
conceded this point, particularly acknowledging the importance of 
Afghan Government consent, though noting a concern that the consent 
government not be perceived as a puppet.  This, however, did not 
alter Graham's opinion that multilateral consent and recognition 
(read UN),  particularly of an international operation such as OEF, 
are indispensable.  Graham stressed, however, that he did not wish to 
embarrass the GNZ over this issue nor score political points. 
Rather, he stated that he believes the primacy of international law 
in developing ways to advance global security a vital issue and that 
it should get a public debate in a reasoned and civil manner. 
 
Sponsors Bill to Outlaw Non-UN Sanctioned Armed Action 
--------------------------------------------- --------- 
 
¶5. (SBU)  Graham revealed that he has drafted a Member's Bill 
(legislation personally sponsored by a MP) that seeks to prohibit NZ 
from "unlawfully" engaging in armed force against other countries. 
The legislation is called the International Non-Aggression and Lawful 
Use of Force Bill.  The stated purpose of the bill is twofold: to 
ensure that the use of armed force by NZ is always in conformity with 
international law and in particular the UN Charter; and to protect NZ 
leaders from external pressure to commit the NZ Defence Force to any 
illegal action overseas.  As drafted, the bill will require NZ to 
observe its binding obligation under the UN Charter not to commit an 
act of aggression, as qualified under General Assembly Resolution 
3314, and make it a criminal offence in NZ law for any NZ leader to 
commit an act of aggression.  The Bill has yet to be introduced into 
 
WELLINGTON 00000223  002 OF 003 
 
 
the House and there is no certainty that it will get blind-picked 
from the 'ballot' box during this parliamentary term. 
 
Strong Climate Change Advocate 
------------------------------ 
¶6. (SBU)  Graham spoke fluently and at length about international 
climate change policy.  He revealed that he may attend the upcoming 
UN Climate Change Conference in Copenhagen.  If so, he will most 
likely travel to Copenhagen as part of the NZ Green Party delegation 
rather than as part of the official NZ delegation.  Graham noted that 
he attended the UN Earth Summit in Rio de Janeiro in 1992 as a UN 
official and stated his belief that the Rio Summit represented a 
missed opportunity to address the climate change challenge early on 
in a bold and collective manner.  He retains, however, a level of 
optimism that the Copenhagen Conference will yield positive outcomes, 
though he believes they may be short-term.  Graham also noted that he 
believes that China is more sophisticated in its thinking on climate 
change than India and is therefore more likely to change its behavior 
towards climate change-related policy and emissions levels. 
 
¶7. (SBU)  Graham was forthright in his assertion that NZ should be 
bolder in advancing its climate change position in international 
fora.  He disputes the conventional theory that the means by which a 
country can and should address climate change is inextricably linked 
to its own economic development, an argument advanced by NZ's current 
National-led administration.  Notwithstanding this position, Graham 
spoke favorably of the GNZ's two climate change ministers, Dr. Nick 
Smith and Tim Groser. 
 
Engaging the Green Party 
------------------------ 
 
¶8. (SBU) The overarching purpose of the July 15 lunch was to 
establish the beginnings of a warm and respectful relationship with 
Graham.  By lunch's end, an open dialogue and a mature relationship 
with Graham going forward were highly probable.  He appreciatively 
accepted  an offer to turn to Post for any assistance he made need in 
the future.   Post has made an effort to develop relations with key 
members of the Green Party, which historically has been a strong 
critic of U.S. policy.  On June 22, Charge placed a highly successful 
call on the Green Party's new co-leader, Metiria Turei.  Recently, 
Post helped secure a place on the International Visitors Program for 
the Green Party's co-leader, Dr. Russel Norman, to look at U.S. 
efforts to advance sustainable development.   [Note.  Graham reported 
that the now-returned Norman got great value of the program and was 
particularly impressed with the contribution the commercial and NGO 
sector respectively make to sustainable development in the U.S.  End 
Note]. 
 
Comment:  Potential to Moderate Green Party Policy 
--------------------------------------------- ----- 
 
¶9.  (SBU)  Given his background, Graham is unsurprisingly an 
articulate and thoughtful individual with an extensive and pragmatic 
world view.  Though a committed multilateralism, he does not appear 
to be bogged down in the left-wing dogma which imbues many of his 
Green Party colleagues.  Not withstanding his disagreements with the 
NZ and U.S. governments, Graham has the potential to be a moderating 
voice within the Green Party, synonymous with taking radical 
positions on many issues.  He revealed that he does not always 
subscribe to the majority view of his party's caucus.  Graham noted 
his caution at acting in a "shrill and extreme" manner when arguing a 
political point, which he believes diminishes the possibility for 
rational debate on important issues.  Graham's careful and reasoned 
parliamentary questions and speech on OEF were testament to his 
behavioral preference within the political sphere. 
 
¶10. (SBU)  It remains to be seen, however, how much influence Graham 
will have on his party (presently he has the lowest ranking of the 
Green Party's nine MPs) or on its relationship with both the National 
Party and the Labour Party.  Nevertheless, his mere presence within 
the Green Party caucus is likely to lend to its discussion on policy 
and positions a sense of perspective and evenness than has largely 
been absent since the 2005 death of former party co-leader Rod 
Donald.  This may allow the National and Labour a greater sense of 
comfort in dealing with the Greens (Graham has familial links with 
the National Party.  He is the brother of Sir Douglas Graham, a much 
respected former National Cabinet Minister of the 1990s and esteemed 
party elder).  Graham's extensive diplomatic experience means that 
the Green Party now has in its parliamentary ranks a bonafide foreign 
policy expert for the first time since it came into being in the late 
1990s.  Graham's frequent fond recall of his time in U.S. as a NZ and 
 
WELLINGTON 00000223  003 OF 003 
 
 
UN diplomat during the lunch meeting and his post-lunch statement of 
admiration of President Obama and his approach to diplomacy and 
governance indicated that he is likely to be one, if not the 
paramount, pro-American Green Party MP.   End Comment. 
KEEGAN