Where is Defence in Canada’s Federal Election?

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The following piece is written by the Conference of Defense Associations Institute’s David McDonough, and can be found in its original form here. It is republished with their permission.

On 2 August 2015, Prime Minister Stephen Harper asked Governor-​General David Johnston to dissolve Parliament – and dropping the writ for what promises to be one of the longest election campaigns in recent history. As I write this, the election is now in full swing, with the first leaders debate having taken place a few weeks back (and an unknown number to go), all parties ramping up their fundraising and “ground game,” political ads increasingly dominating the airwaves, and still with almost two months to go.

All three major political parties (Conservatives, NDP, Liberal) have already staked out different positions on key security and defence issues. The Conservatives have now promised to expand the Reserve Force from 24,000 to 30,000 personnel in its next mandate, which represents a return to its original 2008 Canada First Defence Strategy promise, albeit at a much quicker rate. The Liberals, on the other hand, have pledged $300 million annually for military support programs, including lifelong pensions for injured veterans.

Of course, it remains to be seen if the next government’s funding envelope will increase sufficiently to fulfill either campaign promise. Interestingly, rumours already abound that the NDP may soon propose a small increase in defence spending, which would represent an important turnaround for a party historically ill-​inclined towards national defence and overseas military operations. But whether such rumours materialize as campaign promises, and are actually acted upon, is more uncertain.

Yet what is most noticeable about the campaign so far is that defence has been a relatively quiescent topic – a fact that many informed commentators have noted. Even in the 2011 election, political leaders were quick to raise the issue of Canada acquiring the controversial F-​35 aircraft (or, in the case of the government, to defend that decision).

Today, the government faces an even more uncertain procurement record – not least when it comes to fleet replacement for the Royal Canadian Navy (RCN), evident in the continuing delays in the acquisition of major surface combatants, Arctic ships, and supply ships.

Members of Her Majesty's Canadian Ship SASKATOON carefully maneuver the ship around a large piece of ice while travelling through the Amundsen Gulf on August 22, 2015 during Operation NANOOK. Photo: Cpl Donna McDonald, AETE Imagery Data Systems. ET2015-5751-04
Members of Her Majesty’s Canadian Ship SASKATOON carefully maneuver the ship around a large piece of ice while travelling through the Amundsen Gulf on August 22, 2015 during Operation NANOOK.
Photo: Cpl Donna McDonald, AETE Imagery Data Systems.
ET2015-5751-04

Indeed, some worrisome gaps in naval capabilities have now emerged, given the decommissioning of its supply ships (sorely needed for the RCN’s blue-​water operations) and destroyers (with their crucial command and control and area air defence capabilities). The sole remaining destroyer, HMCS Athabaskan, was damaged in a storm earlier in the year and is currently being repaired in Halifax. But some say the ship is no longer seaworthy, and even with repairs, few people expect it to remain operational for long – perhaps not even until its planned retirement in 2017.

The procurement problems might be most acute for the RCN, but they are far from confined to naval matters. One need only look at the Royal Canadian Air Force’s (RCAF) fighter-​aircraft replacement. Several years after announcing the F-​35 with great fanfare, we appear to be no further along in selecting (let alone procuring) a replacement aircraft for our aging CF-​18 fighters and the government continues to meagrely extend the life of its current air fleet.

Fortunately, we have had some recent good news on procurement, such as the long-​delayed acquisition of the CF-​148 Cyclone maritime patrol helicopter and the commissioning of an interim supply ship to be built at Davie Shipyard (as well as leased ships from Spain and Chile to handle refueling along the east and west coasts, respectively). Furthermore, the successful HCM/​FELEX modernization of RCN frigates, which will entail crucial command and control upgrades and improved air defence systems, partially compensates for the loss of our destroyers.

Yet such announcements do little to hide the many procurement failures over the past several years. The government even seems to have tacitly accepted such a criticism, as shown by their efforts to fix defence procurement with the 2014 Defence Procurement Strategy, although little in the way of concrete evidence on improved efficiency and effectiveness has resulted.

To be sure, it is still very early in a rather extensive election campaign. As such, discussion on the absence on defence issues seems premature. The Munk Debate between political leaders scheduled for September will focus on foreign policy, and one would expect that defence procurement and the country’s broader security policy will be discussed in more detail. Neither the NDP nor the Liberals have put out their own defence policy platforms, and both will likely speak more openly about such issues once their platforms are finally released.

Even then, however, defence issues will likely remain far from the forefront of policy platforms in this election. Simply put, as important as such issues may be, elections are almost never won or lost on defence, national security, or foreign policy in Canada – as all political parties are well aware. It is the economy that has been the pivot by which elections are often determined, even if a case can be made that security and defence should then be a close second. However, one needs to go back to Diefenbaker’s defeat in 1963 for the last time such issues took centre stage in Canada.

On top of that, as Steve Saideman has recently said, 2e1ax_vintage_entry_maclean-s-election-debate-1“[n]one of the three parties are going to want to actually talk about this.” The Conservatives are unusually weak on the defence procurement file, so it is only natural that they would prefer to focus on other issues. The NDP might be keen to criticize the government’s handling on this issue. But their supporters will likely be wary of the party drifting too close to the military, especially in light of the more centrist positions the party has staked on economic matters in recent months. And the Liberals have their own historic baggage, given that it was under Jean Chrétien that many of the challenges facing the Canadian Armed Forces began to mount.

Still, if it was only a question of procurement management, both the NDP and Liberals would likely show greater emphasis on this issue, especially as it does not reflect well on the Conservative claim of being competent and sound managers of government. But, as the Parliamentary Budget Office notes, the real challenge facing Canadian defence policy and procurement is a financial one – specifically a budgetary shortfall of between $3342 billion, which ongoing procurement delays and management issues have increased. Consequently, it is likely that neither opposition party will be eager to address such an issue; not the NDP, which have never been close to the military and are now eager to show their fiscal bona fides, and not a Liberal Party currently reminding the electorate of their past stewardship of the economy.

In that sense, the absence of defence issues in this election really comes down to a question of money. Simply put, addressing defence challenges requires a greatly expanded defence budget (or at least a significantly altered force structure, which might no longer be “multi-​purpose” or indeed “combat-​capable,” if one is not careful). And it is likely that no political party would be willing to countenance such a prospect.

The Conservatives would prefer to offer promises of significant funding in the future, with no guarantee such a promise would be kept. If rumours are to be believed, the NDP might accept a minor increase in funding – although this will likely result in a modified force structure geared towards less combat-​focused operations, as described in a recent Rideau Institute-​CCPA report – and which I have criticised elsewhere (here and here). It remains to be seen what approach the Liberals will ultimately pursue, but it is difficult to be optimistic.

Political parties focus on getting votes. And unless voters cast their ballot on issues on security and defence, such matters will remain of secondary (if not tertiary) importance. This is an unfortunate situation. It would certainly behoove politicians to treat such issues with both thought and seriousness, as part of their responsibility to safeguard the country and its citizens. And, given the sizable number of serving and retired military personnel and their families, many of whom still pay close attention to such issues, they might even find an unexpected electoral benefit of treating security and defence like a statesman rather than a politician.

Of course, if the past is any indication, I also don’t really expect things to change any time soon. It is not without reason that Winston Churchill stated that “Democracy is the worst form of government, except for all the others.”

This article originally featured at the CDA Institute and can be found in its original form here

David McDonough is Research Manager and Senior Editor at the Conference of Defence Associations Institute, and a research fellow at Dalhousie University’s Centre for Foreign Policy Studies. He received a PhD in Political Science from Dalhousie University in 2011. He tweets at @DS_McDonough. (Candidate Image courtesy of Mark Blinch/​Reuters; Images of Vessels courtesy of the Royal Canadian Navy webpage).

Tuning into Tunisia: An Assessment of Tunisia’s Naval Forces

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While much international attention is directed toward the flow of refugees from Syria and Iraq to Europe, which has prompted the partial suspension of the European Union’s Dublin Regulation by the German and Czech governments and even sent shockwaves through Canada’s ongoing federal election, hundreds of Libyans continue to make the perilous journey across the Mediterranean Sea. Kos Island has become famous around the world as the front line of the migrant crisis,

Migrants wait at a Lampedusa holding center. (Click image for source)
Migrants wait at a Lampedusa holding center. (Click image for source)

yet Italy’s Lampedusa continues to face an overwhelming number of both political refugees and economic migrants fleeing Libya in the wake of that country’s civil war and resulting unrest.

The Libyan Navy is in no position to be of assistance in managing the crisis. While it has a single Soviet-built Natya-class minesweeper still in operation, the remaining vessels of the Libyan Navy, comprised of a Soviet-built Koni-class anti-submarine warfare frigate and two Polish-built Polnocy-C-class landing ships, are reportedly undergoing refits in Malta and France. Though the Libyans doubtless possess some collection of small patrol craft, the force has thus far been unable to effectively police Libyan waters. In March 2014, an oil tanker from the rebel-held port of Sidra successfully evaded a Libyan Navy blockade, leaving a team of United States Navy SEALs to intervene and seize the tanker.

Fortunately, the Tunisian National Navy has proved itself to be a reliable partner in securing the Mediterranean and averting humanitarian disaster. In August 2015, Tunisia commissioned its first locally built patrol boat, Al Istiklal (Independence). This development made Tunisia the first country in the Arab world to develop a shipbuilding industry of its own and only the second in Africa, following South Africa’s lead. Reportedly, Al Istiklal is an 80-ton patrol boat that measures 26.5 meters in length and is 5.8 meters wide, enjoys a top speed of 25 knots and a range of 600 nautical miles, all while equipped with a 20mm cannon, two machine guns, and a thermal imaging camera. This expansion of  Tunisian maritime capabilities was bolstered by four patrol boats of unidentified classification from the United States Navy (USN) earlier in 2015, with a further three boats expected for delivery by the end of 2016.

It is difficult to accurately assess the size of the Tunisian National Navy, but best estimates place the total number of vessels operated by Tunisia at 40 gunboats or patrol

One of Tunisia's Combattante IIIM Class Fast Patrol Boats with MM-40 Exocet missiles. (La Galite 501 pictured)
One of Tunisia’s Combattante IIIM Class Fast Patrol Boats with MM-40 Exocet missiles. (La Galite 501 pictured). (Source: World Military Intel)

boats, one landing craft, and six other non-combat vessels. The largest vessel operated by Tunisia’s maritime forces, President Bourgiba, was a decommissioned Edsall-class destroyer escort, USS Thomas J. Gary, which was transferred to Tunisia in 1973 and rendered no longer operational by a severe fire in 1992, having served at sea for almost 50 years in total. Since then, the largest vessels operated by the Tunisian National Navy are its six Albatross-class fast attack craft manufactured in Germany by Lurssen, with a displacement of almost 400 tons each. In short, Tunisia’s maritime forces are non-expeditionary and have been focused entirely on coastal defense for more than two decades.

It is unclear whether the US sees the transfer of defense equipment like the aforementioned patrol boats as part of a broader effort to counter al-Qaeda in the Islamic Maghreb (AQIM) or other militant Islamist groups. But it certainly has paid dividends in rescue efforts. As recently as June 2015, Tunisian patrol boats saved some 650 migrants and refugees bound for Lampedusa on unsafe rafts. A June 2015 attack on a Tunisian beach resort by Libya-based terrorists, in which 38 people were killed, demonstrated how closely connected Tunisia’s security is with that of its neighbors, Libya and Algeria. As such, Tunisia is bound to continue to play a significant role in securing the North African coast. Nonetheless, it would be prudent for European members of NATO to press for a formalization of this relationship, similar in many respects to the Tactical Memorandum of Understanding struck with the Kingdom of Morocco in 2009 to secure Moroccan participation in Operation ACTIVE ENDEAVOR, NATO’s ongoing maritime mission to monitor traffic and combat terrorism in the Mediterranean. With or without European recognition, Tunisia appears set to be a maritime leader in its own right.

Paul Pryce is the Research Analyst for the Atlantic Council of Canada’s Maritime Nation Program and a long-time member of the Center for International Maritime Security (CIMSEC).

The Legal Rationale for Going Inside 12

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The following post by Dr. James Kraska was originally published at the Asia Maritime Transparency Initiative.  It is re-posted here with the author’s permission.

While China conducts innocent passage around real U.S. islands of Alaska, the U.S. is apparently unable to do so around China’s fake islands in the South China Sea. The transit by Chinese warships in innocent passage through the territorial sea of Attu Island in the Aleutian chain has added an additional wrinkle to U.S. policy in the South China Sea.

On May 12, the Wall Street Journal reported that Secretary of Defense Ash Carter had asked his staff to “look at options” for exercising the rights and freedom of navigation and overflight in the EEZ, to include flying maritime patrol aircraft over China’s new artificial islands in the region, and sending U.S. warships to within 12 nautical miles of them. Later that month, a P-8

The U.S. Navy's P-8 Poseidon Maritime Patrol and Reconnaissance Aircraft (MPRA)
The U.S. Navy’s P-8 Poseidon Maritime Patrol and Reconnaissance Aircraft (MPRA)

surveillance aircraft with a CNN crew on board, was repeatedly warned to “go away quickly” from Fiery Cross Reef, even as it flew beyond 12 nm from the feature. Fiery Cross Reef is a Chinese-occupied outcropping that has been fortified by a massive 2.7 million square meter land reclamation into an artificial island with a 3,110-meter airstrip and harbor works capable of servicing large warships.

Warships and commercial vessels of all nations are entitled to conduct transit in innocent passage in the territorial sea of a rock or island of a coastal state, although aircraft do not enjoy such a right. Ironically, the website POLITICO reported on July 31 that the White House blocked plans by Admiral Harry Harris, Commander, U.S. Pacific Command, to send warships within 12 nm of China’s artificial islands – features that may not even qualify for a territorial sea. By blocking such transits, military officials apparently suggest that the White House tacitly accepts China’s unlawful claim to control shipping around its occupied features in the South China Sea. Senator John McCain complained that the United States was making a “dangerous mistake” by granting de facto recognition of China’s man-made “sovereignty” claims.

It is unclear whether features like Fiery Cross Reef are rocks or merely low-tide elevations that are submerged at high tide, and after China has so radically transformed them, it may now be impossible to determine their

PRC operations at Fiery Cross Reef
PRC operations at Fiery Cross Reef

natural state. Under the terms of the law of the sea, states with ownership over naturally formed rocks are entitled to claim a 12 nm territorial sea. On the other hand, low-tide elevations in the mid-ocean do not qualify for any maritime zone whatsoever. Likewise, artificial islands and installations also generate no maritime zones of sovereignty or sovereign rights in international law, although the owner of features may maintain a 500-meter vessel traffic management zone to ensure navigational safety.

Regardless of the natural geography of China’s occupied features in the South China Sea, China does not have clear legal title to them. Every feature occupied by China is challenged by another claimant state, often with clearer line of title from Spanish, British or French colonial rule. The nation, not the land, is sovereign, which is why there is no territorial sea around Antarctica – it is not under the sovereignty of any state, despite being a continent. As the United States has not recognized Chinese title to the features, it is not obligated to observe requirements of a theoretical territorial sea. Since the territorial sea is function of state sovereignty of each rock or island, and not a function of simple geography, if the United States does not recognize any state having title to the feature, then it is not obligated to observe a theoretical territorial sea and may treat the feature as terra nullius. Not only do U.S. warships have a right to transit within 12 nm of Chinese features, they are free to do so as an exercise of highs seas freedom under article 87 of the Law of the Sea Convention, rather than the more limited regime of innocent passage. Furthermore, whereas innocent passage does not permit overflight, high seas freedoms do, and U.S. naval aircraft lawfully may overfly such features.

In response, it might be suggested that while the United States may not recognize Chinese ownership of the rocks, it must realize that some country, perhaps one of the coastal states actually located in the vicinity of the feature, has lawful title, and therefore the U.S. Navy is bound to observe a putative territorial sea.

It is possible, however, that there is no state that has lawful title, and indeed the swirling debate and paucity of evidence rendered by claimants suggests this may be the case. Before World War II, few if any of the features were effectively governed by anyone, except Japan, which illegally occupied them during war. Tokyo gave up its claim after World War II. Similarly, actions taken by states after 1945 to seize maritime features using armed aggression are prima facie unlawful under article 2(4) of the Charter of the United Nations. Furthermore, actions taken by a state to fortify its claim after there is a dispute are similarly void of legal effect. In any event, the strongest claims appear to flow from the doctrine of uti possidetis, which stipulates that lawful possession is assumed by colonies after they become independent states. Prior to 1945, conquest was a lawful means of acquiring title to territory, so the European colonial powers certainly enjoyed legal title to the features they controlled. The Philippines, Malaysia and Brunei, Indonesia, and Vietnam derive their title to features from Spain, Great Britain, the Netherlands, and France.

More importantly, even assuming that one or another state may have lawful title to a feature, other states are not obligated to confer upon that nation the right to unilaterally adopt and enforce measures that interfere with navigation, until lawful title is resolved. Indeed, observing any nation’s rules pertaining to features under dispute legitimizes that country’s claim and takes sides. This point is particularly critical for commercial overflight since states already manage international air traffic through the International Civil Aviation Organization and the worldwide air traffic control regions. Finally, there is a policy reason that supports this approach. Given the proliferation of claims over the hundreds of rocks, reefs, skerries and cays in the South China Sea, if the international community recognizes the maximum theoretical rights generated by each of them, the oceans and airspace will come to look like Swiss cheese and be practically closed off to free navigation and overflight.

Distinguished American historian Samuel Flagg Bemis called the doctrine of freedom of the seas the “ancient birthright” of the American Republic.[1] This birthright faces its gravest risk since unrestricted submarine warfare. Woodrow Wilson brought the United States into World War I to vindicate a Fourteen Point program for peace. Point number 2 was for “freedom of navigation … in peace and in war.” Similarly, Franklin D. Roosevelt and Winston Churchill signed the Atlantic Charter in 1941 that set forth principles for a new world order – a united nations. Principle Seven committed them to freedom of the seas. Maritime freedoms and the law of the sea are at an inflection point. The United States and the international community must take action now to operate with regularity on, under, and above the surface of the South China Sea, persistently and routinely in the vicinity of China’s artificial islands. Only a normalized presence today will ensure predictability and stability tomorrow.

[1] Samuel Flagg Bemis, A Diplomatic History of the United States, 4th ed. (New York: Henry Holt, 1955): 875.

Dr. James Kraska is Professor in the Stockton Center for the Study of International Law, where he previously served as Howard S. Levie Chair in International Law from 2008-13. During 2013-14, he was a Mary Derrickson McCurdy Visiting Scholar at Duke University, where he taught international law of the sea. He is also a Senior Fellow at the Center for Oceans Law and Policy at the University of Virginia School of Law, Guest Investigator at the Marine Policy Center, Woods Hole Oceanographic Institution, Senior Fellow at the Foreign Policy Research Institute, and a Senior Associate at the Naval War College’s Center on Irregular Warfare and Armed Groups.

Fostering the Discussion on Securing the Seas.