Posts Tagged ‘Maori Party’
The old saying that the two things one does not want to see being made are sausage and legislation comes to mind given that the Security Intelligence Amendment Bill public submission hearings commence this week (the first reading on the Bill was held in December, during the usual Xmas lull in which serious media scrutiny of pretty much anything unrelated to the season is negligible). Labour and the Greens wanted the submission hearings to be held in public, but the government has knocked that back and declared that they will be held in “private” ( that is, in secret). Although submitters can disseminate their submissions as they see fit, the content of the meetings, including questions by committee members and submitters, are subject to non-disclosure provisos.
Regardless of the subject of the hearings, which has to do with specifying the scope of SIS authority and the warrant process involved in conducting surveillance of new electronic technologies such as mobile phones, GPS systems and other gadgets, the failure to hold public hearings is yet another sign of the ingrained authoritarianism of the political elite and its disdain, if not contempt, for the pubic at large. For example, one of the reasons for the surveillance upgrade, according to the government, is the security concerns surrounding the Rugby World Cup. To use that as a rationale beggers belief and just shows the disconnect between the thinking public and what National believes the public will swallow (the reasons why the RWC is not going to be a terrorist target are many but suffice it to say that NZ security agencies have a vested bureaucratic interest in hyping the threat. And should they come, RWC threats will be of a local dissident-protest rather than terrorist in nature, and will not require anything beyond what is already in place in terms of warrants for electronic eavesdropping).
Labour’s call for public hearings is pretty rich given that during its term in office it never held a single one when it came to SIS matters. The Greens, as always when it comes to such things, stand on principle. What is interesting is that the Maori Party and ACT, which have members on the Intelligence and Security oversight committee that will chair the hearings, have sided with National on the issue of transparency–that is, they have opted for the closet rather than the open door when it comes to airing contending views on juxtaposed issues of national security and civil rights. What this says about the Maori Party and ACT leadership, given the targeting of the former’s members by the SIS and the supposed championing by the latter of civil rights, individual freedoms and governmental accountability, I am not not in a position to say. But what I can say is this: the move to hold the SIS Amendment Bill public submission hearings in private is designed to cover the fact that the oversight committee is going to disregard submissions against the granting of expanded surveillance powers to the SIS and will rubber-stamp the legislative changes in any event. There will be no incisive or critical questions offered by committee members with regard to how the electronic spying will be carried out, under what circumstances, for what purposes and with whom it will be shared.
Instead, there will be a collective nod and wave by the majority of the committee behind closed doors, and the SIS Amendment Bill will pass. What is being protected is not state secrets, not confidential material, or anything remotely connected to national security. The reason the hearings will be held behind closed doors is to conceal the lackey lock-step into which the committee will fall. It is about saving coalition face in an election year rather than addressing the serious concerns of intelligence service power-expansion. That shallow political PR calculation is the sole reason why these hearings will be held in secret.
So much for informed public consent and parliamentary accountability when it comes to security and intelligence in this small democracy.
For some weeks now I’ve been meaning to give a big up to Morgan Godfery and his blog Maui Street.
Over the past six months Morgan has been writing prolifically on NZ society, politics and constitutional topics. He is unapologetically indigenist, but with a sensitivity to the political realities of indigeneity in a Pākehā political and social system. Unsurprisingly, this balance means he and I share similar perspectives on many subjects; notably the uselessness of the Labour party and the desperate need for a genuine contest of political ideas within New Zealand’s left. On other topics, not so much: he supports banning gang patches and is considerably more critical of the Iwi Leadership Group in and ‘corporate iwi’ (in which he broadly includes the leadership of the māori party) than I am.
One major difference is that Morgan is actually Māori himself, so speaks more authentically on many of these issues than I can — and indeed, than almost anyone in the NZ blogosphere can. Especially useful are his evaluations of the māori party (parts one and two); the Kīngitanga; the best and worst-performing Māori MPs; and of the Welfare Working Group report and what it means for the māori party.
But there’s a lot more than that. So go and read his archive, join the kōrero. Aotearoa needs more discussions like this sort of writing could kick off.
… for trying to run game on New Zealand, scaremongering the Foreshore and Seabed hīkoi:
That was on page four of the dead tree edition, and online here, under the headline “Opponents put up roadblocks to bill”. Use of this outrageously unrepresentative photo makes a number of unjustified implications which aren’t present in Claire Trevett’s generally factual and balanced article. These include:
The core message of this choice of photo to accompany what is mostly a story about the trivial frustrations of a government trying to pass an unpopular law is this: Māori radicals and gangs are forcibly blocking this law, and they will block you from the beach as well.
It would be absurd if it wasn’t so offensively misleading.
(via Pascal’s bookie)
Danyl Mclauchlan posits a conspiracy theory:
Danyl’s scheme is essentially what the Greens tentatively proposed before the last election: green voters in Māori electorates consider casting electorate votes for the māori party candidate, and māori party voters cast their party vote for the Greens. The proposal was rejected by the māori party, which at the time was (in my view) a tactical error but a wise strategic choice.
It was a tactical error because of the efficiency argument (a positive-sum alliance permitting the two parties to extract more parliamentary representation from the same base of electoral support). But without the benefit of hindsight it was a good strategic move because the māori party’s whole point was not to be shackled to the ‘Pākehā’ parties, and its long-term survival still likely depends on its establishing its own persistent powerbase; one which could stand a chance of surviving even the abolition of the Māori seats. The only way to do that is to grow the party vote by strengthening ‘brand’ support among its electorate. (Also the proposal was made quite late in the campaign, and the potential for voter confusion was high.)
Those factors which made the plan a strong strategic risk for the māori party in 2008 now no longer obtain, or at least not so strongly. It has largely sacrificed its independence from the Pākehā political mainstream anyway, and could potentially lose considerable support for that reason. It may hang onto electorates, but it is likely that ‘brand’ support is lower than before. So with the benefit of hingsight, they might as well have gone with the Greens last time. Nowadays, they have a radical wing-man in Hone, who will work with them and who shares, despite all the rhetorical ructions, considerable common ground with the party’s other members and its foundational kaupapa. They can work together; Hone working to attract the ‘brand’ support for an independent indigenous party, the existing māori party maintaining their electorate positions and continuing to work within the mainstream.
I’m not convinced this will happen — as the Richards say in comments to Danyl’s post, a lot of it is personality-bound — but it could work in principle.
There’s one other factor, though. Although ACT and National have been collaborating in this way since Rodney Hide was gifted Epsom, the moment the māori party and a new radical wing led by Hone start doing it, the headline will be “Maaries rorting democracy to establish an apartheid state”. Those who’ve been benefiting from this sort of positive-sum electoral coordination for years will be those most urgently banging that drum and waving those banners. That’s a powerful disincentive.
Edit to add: Of course, there’s also a referendum on MMP on the day of the election. A scheme such as this would be an outstanding means of undermining MMP’s popular support and endangering its future.
This brief report from Radio Waatea brings into crispish focus a few issues regarding the māori party’s support for the new Marine & Coastal Area (Takutai Moana) Bill, and perceived collaboration with the National-led government against its constituents’ own interests:
Sharples is right in several important respects. The role the māori party party has played in getting take Māori and tino rangatiratanga on the government agenda has been crucial. The māori party really does have a unique claim to an “authentic” kaupapa Māori politics, and this should make Māori media such as Waatea, Māori Television and TVNZ’s Māori programming division (which produces Te Karere and Marae) should be strongly sympathetic towards their policy programmes. Should, I say, if the end policy result was seen to be consistent with those kaupapa.
But these agencies do not owe the māori party any favours. As media outlets their job is not to shill for a party line but to present a considered view of current events in context, and by reporting the deep dissatisfaction within Māoridom regarding the MCA bill they are doing just that. Māori media have generally shown a strong commitment to independence and impartiality — which is a particularly tricky thing to do given their cultural focus — and their coverage of the māori party’s policy platform is simply an extension of that commitment. Long may it continue, and would that it were more broadly shared.
What this episode really illustrates is the extent to which the māori party is isolated from its support structures with regard to its position on the MCA bill. Just as the party has failed to persuade its own constituency, and indeed its own caucus, that the MCA bill is worth supporting, it has failed to persuade the only media establishment which might be sympathetic to its cause as to the merits of that cause. All this illustrates one of two things: either the party is way off base; the strategy of supporting the bill is bad for Māori and Māori know it; or that the strategy of supporting the bill is actually a great deal better than anyone knows, but the party has largely failed to articulate this.
I know which I’m tending toward, and I invite readers to argue their case. But no matter which you believe, I think it’s clear that attacking the media is neither a mature nor a useful response. Successful actors in modern democracy lead the media, like they lead their electors — in the knowledge that both must follow willingly, by consent (however grudging), or not at all. If, as a politician, you ever find yourself running a sustained campaign of trying to shove either the media or your constituents in a certain direction against their will, berating or harassing or whipping them for their stupidity or intransigence or for simply failing to follow instructions — then you have very probably already failed.
I’m getting used to being vilified by the orthodox Marxist left, such as in the latest round of debate with Chris Trotter and some of his commenters, and to an extent in the response by Scott Hamilton. I don’t mind all that much, but it’s rather aimless. The critique that I’m not orthodox enough, not a proper red; that my sense class consciousness is atrophied — it all misses the point somewhat. I’m not a socialist; never have been. I’m a liberal social democrat, with strong emphasis on the “democrat”.
I’m a trade unionist because of this commitment to democracy. Unions, properly run, are strongly democratic — and their democracy enhances the more usual parliamentary and representative forms which govern our society. The question in the AE case, the matter over which I disagree with Chris and Scott and the orthodox Marxists is: from what does a trade union derive its moral authority? From the democratic mandate granted it by the workers it represents and the extent to which its actions serve their interests, or from its ideological rectitude and adherence to Marxist doctrine? I’d argue that both are necessary; the movement’s activities must be informed by a class analysis, but fundamentally the union exists to enact the wishes of its membership. The job of union organisers and so on is to educate and motivate that membership to commit to class struggle. The argument Chris and Scott are making, as if it’s an irreducible truth of trade unionism, is that the ideological rectitude on its own is enough. The quality or value of a union’s actions must not be assessed or tested against their workers’ stated needs, they say; if whatever a self-declared union and its handful of activist representatives decides to do passes the Marxist sniff-test, then anyone who fails to fall into lockstep behind it is a scab, and mandate be damned. (I’m not sure they even believe this, really; I think there would be some things even the most die-hard socialists would balk at — which would mean we’re simply disagreeing over the merits of AE’s case, which I think is a much more useful argument to have. I posed a hypothetical question to this effect on Bowalley Road this morning, but have received no responses at the time of writing this.)
But falling automatically into lockstep behind a union’s actions without consideration of whether they’re any good, or whether they serve their industry’s stated needs is bad for society, and it’s dangerous for the unions.
In our liberal democratic society, the right for workers to join a trade union and bargain collectively derives from the democratic nature of union movements; the fact that they enact workers’ wishes. This is the basis of the strong and very legitimate democratic Marxist critique of corporatism; that businesses in a democratic society ought to be democratic. It is also one of the chief arguments deployed in unions’ defence, and it is a very good one in a social and political context where the idea of democracy occupies such a powerful symbolic position. Unions do not enjoy any legitimacy by virtue of their ideological rectitude; in fact, their commitment to Marxist ideological doctrine is a considerable disadvantage in terms of their survival. Because of this, the trade union which relinquishes its commitment to democracy also risks relinquishing its claim to legitimacy, and if trade unions as a whole start to cut corners on democracy, then the movement as a whole risks granting anti-union governments a pretext to weaken and outlaw unions on the basis that they don’t actually represent workers’ interests. This is quite apart from the points I made in my last post on this topic, to the effect that non-democratic institutions tend to make bad decisions because they lack robust internal processes for developing and enacting their agendas.
So my overarching problem with Actor’s Equity acting without a mandate is that they risk the legitimacy of the trade union movement at large. (I initially predicted, in comments at the Dim Post, that the fallout would be contained by the wider movement — how wrong I was.) I try never to give my allies a pass for incompetence. Doing so breeds more incompetence. I didn’t give Labour a pass for the Foreshore & Seabed Act and I’m not giving a pass to the māori party as they look to be supporting a similarly expropriative replacement bill. So there’s no way I’m going to overlook the real and serious damage caused to the trade union movement and the cause of workers’ rights by this upstart union who took excessive action without a mandate. They’ve done real and genuine harm to the trade union movement and they’ve made industrial relations — which should have been a Labour’s trump suit — an easy source of tricks for the government. And this at the very time the union movement was beginning to gather strength again! There was an anti-union protest on Labour Day — how much worse do things have to get? Sure, blame the Tory government, or the ‘right-wing media’ or the falsely-conscious running-dogs; and to an extent this is justified. The government must bear sole responsibility for the legislation they’re passing, for instance; the details of that bill cannot be blamed on AE. But AE provided them the cover to pass it without much controversy; and indeed, none of these agencies enjoyed the political and symbolic freedom to unleash the sort of anti-worker tirades they have in recent weeks until AE’s egregious overreach — all with the full blessing of Trotter and Hamilton, almost everyone writing and commenting at The Standard and all those orthodox Marxists who claim to be champions of the worker. With enemies like these, Key and his government — and their ideological fellow-travelers — have no need of friends.
This morning I posited a conspiracy theory that the government would use the temporary deregulation measures undertaken in response to the Canterbury earthquake to progress another tranche of wide-ranging reforms to the resource management regime and building and construction industries after the 2011 election.
Absurdly, if the Canterbury Earthquake Response and Recovery Bill is passed without very extensive amendments of the sort proposed by the Greens and voted down by both major parties (it’s going through all three stages right now), then all that and much, much more could happen this week, no election required, and without any review by the courts. The executive powers granted to the relevant Minister (that’s Gerry Brownlee) in this bill are so sweeping as to permit him to do almost literally anything as long as it has something to do with quake recovery — amend or suspend almost any piece of legislation, overturn any electoral decision — really, Dean Knight, Graeme Edgeler and Andrew Geddis (themselves no wide-eyed conspiracy nuts) are just three of the constitutional law experts who are boggling at the possibilities; Idiot/Savant is also much more than usually incandescent, and Gordon Campbell pulls few punches, either. Geddis says the law gives him “a case of the screaming collywobbles”. How’s that for a technical term. Their argument — contra government speakers such as Nick Smith — is that, because there is no real oversight to test whether actions taken are “reasonably necessary or expedient for the purpose of the Act”, the bill’s scope is not strictly limited in black-letter law to those matters, nor indeed to the region impacted by the quake, and the minister and his commission basically enjoy immunity. These are sweeping powers such as those which might be accorded an executive head of state in a command-government situation such as a major war.
Not would happen, mind. I don’t think anyone genuinely thinks Gerry Brownlee will decriminalise murder, approve mining across all schedule 4 land, enact wartime conscription or overrule the results of the forthcoming Supercity election. I don’t. But the point is (assuming Dean Knight knows what he’s talking about) that Brownlee can. Or will be able to tomorrow, until April 2012, which astute readers will note is a good half-year after the next general election must be held. There are no real checks or balances, much of the actions taken under this legislation are able to be taken in secret, and actions taken will not — at least on paper — be subject to judicial review. This means that we are relying on Gerry Brownlee to not be evil. But democracy doesn’t work on the honour system. It can’t. It doesn’t work on the basis that you give a government power in the hope that they use it legitimately; you give it power on the basis that you have the authority and ability to wrest it back from them if they misuse it, and on the assumption they will misuse it. The honour system is fine for bouquets being sold at the cemetery gates. It’s no basis upon which to run a country.
As I’ve often argued here and elsewhere, what sets liberal democracy, with all its failings, apart from authoritarian systems is the ability for the electorate to transfer power by the exercise of these sorts of checks and balances. Under orthodox authoritarian socialism for examplem — more or less the only form of socialism ever fully implemented on a nationwide scale, in the USSR and China, for instance — the transitional dictatorship is empowered with the sole authority and means to put down any such counter-revolution as might endanger the transition to genuine communism; and because of this, the dictatorship enjoys impunity. It has no reason to work in the interests of the people it purports to serve, inevitably becoming inefficient, corrupt and brutal. (Thus, the problem with socialism is authoritariansm which accompanies it, not so much the economic aspects, but that isn’t my point here).
The Canterbury Earthquake Response and Recovery Bill, of all the ridiculous things, brings into being the potential for just such a regime in New Zealand, and we can only hope it is not used to that effect. It is a colossal, hypervigilant overreach. And if any ill comes from this, Labour — and even the Greens and the māori party — will bear as much responsibility as National; they are all supporting it out of “unity”.
Where now are those who railed against the Electoral Finance Act, who speculated darkly that Helen Clark might not relinquish power after the election, or might suspend the operation of the free press; who shrieked about the Section 59 repeal; against ‘Nanny State’ and the illusory Stalinism of lightbulbs and shower heads, drink-drive limits and alcohol purchase ages and compulsory student union membership? Here the papers are being signed to dismantle robust constitutional democracy right under our very noses, and there’s barely a whimper.
(Updated to add Lyndon Hood’s fantastic image of Brownlee VIII, link to Campbell’s article, and tidy the post up a bit.)
Thus spake John Ansell, who’s back with another cracking demonstration that he’s the nation’s pre-eminent racial fearmonger. He really is peerless in this regard.
Incidentally, you can read Scott Hamilton’s (and others’) thorough and systematic destruction of Ansell’s rather slippery and Victorian views on race, ethnicity, culture and religion (yes, Virginia, ‘Māori’ is a religion) in the comments thread of this post at the excellent Reading The Maps.
The Foreshore and Seabed deal is not over yet, at least not as far as Hone Harawira is concerned. He has come out swinging (audio) against the government, saying the consultation process which resulted in the agreement was “bullshit”, that Key has shown poor faith and “pandered to rednecks” with a Foreshore and Seabed repeal proposal which is all take and no give:
The two things are guaranteed public access and inalienability; the one thing is Māori title. Furthermore, he’s reaffirmed a commitment to ongoing struggle for a more equitable resolution:
This is good, and in my view it’s the position the party ought to be taking. But paradoxically, he supports the party’s decision to accept the agreement, saying it’s “a step in the right direction”. This can only make sense if whatever legislation which replaces the FSA is non-enduring; essentially, another step along that road laid down by the Good Intentions Paving Company, rather than the full-and-final settlement which will carve the proposal in legislative stone.
But I think if they follow this path, it will be all over. I don’t think they have a hope of being able to play this as an ongoing struggle, having consented to it. As Bright Red said at The Standard yesterday, both major parties will see this issue as settled and will suffer terribly if they bring it back to the table. The only reason the FSA was even up for debate is that even National could see the manifest injustice of legislation being rammed through against the vehement opposition of the group most subject to it; while many among National derided the FSA as being too generous, nevertheless the process of its passage was repugnant to them.
Hone Harawira and many others no doubt think that this process was similarly repugnant, but that view has little legitimacy since the Iwi Leadership Group and the māori party have willingly agreed to it. This is how liberal society works; this is tino rangatiratanga in action: you make your decisions and you live with their consequences. The only hope now, it seems, is that the eventual bill drawn up from the Agreement in Principle signed yesterday will provide some pretext for the party and the ILG to withdraw its support. This will come at an enormous cost in terms of goodwill, but I have no doubt that despite his protestations to the contrary, Hone Harawira is getting to work on setting the stage for such action already.
So the māori party has accepted the government’s Foreshore and Seabed Act repeal proposal.
As I posted the other day, the Iwi Leadership Group, chaired by Mark Solomon, was dead-set against the proposal, with Solomon speaking in very strong terms against it. But now, while residual concerns remain, the ILG has now issued an admittedly grudging and vague endorsement. But there is a lot of daylight between Solomon’s words previously and the content of this acceptance. So my question is: what’s changed? While writing this, I was pleased to hear that Brent Edwards and Barry Soper asked the same thing during the PM’s presser. According to Turia, what changed is that:
That’s very squishy. The problem hasn’t really been the veracity of the rights in question; it’s been the barriers to their acquisition and the limitations on their extent. Neither of those problems have been addressed. The matter of ownership isn’t trivial, and in particular the glaring difference between nascent Māori title-holders whose potential rights have been largely circumscribed while the possessions of existing, mostly Pākehā, title-holders are retained, was of particular concern to Mark Solomon — has not been addressed. More than that, the requirement that claimants not be disadvantaged in their claims by a prior Treaty breach is nowhere to be seen. This is particularly crucial, since it distinguishes to an extent between legitimate and illegitimate alienation. Under such a proposal (as I understand it, and in general) a claimant would be able to claim rights to privately-owned raupatu land and resources, whereas under the present scheme any land in private ownership — no matter whether it was originally confiscated at gunpoint — cannot be subject to a claim. That’s a big deal.
There are some positives in this scheme. As I’ve said, I dislike the “public domain” aspect of it; but I think the recognition of two distinct levels of customary title is good (particularly when set against the FSA’s draconian all-or-nothing approach in which all would get nothing). I generally approve of the mechanisms by which those claims can be tested. But it’s my view that this proposal grants little to Māori that they didn’t already have under the FSA, and although the barriers to test a claim are lower, and the mechanisms are more robust, and there’s generally better faith between the crown and Māori now than there was in 2004, it’s fundamentally the same sort of beast: iwi petition the Crown for rights that, according to the common law of the land, were never extinguished and ought never have been abridged; Māori debased as supplicants, begging the very agent of the crimes perpetrated against them for recompense.
Anyway, my initial position of criticism in the former post was that the māori party would be acting against their mandate if they accepted the government’s offer, it having first been unanimously rejected by the ILF. But the ILF having turned on a dime leaves me in two minds: I don’t like this proposal and I don’t think it has sufficient merit to be acceptable to Māori; but regardless of that the māori party is fulfilling its mandate by accepting it, acting in accordance with the guidance given it by the Iwi Leadership Forum as representatives of the iwi groups with claims to test. What puzzles me is not why the māori party have agreed to it — although the blame will no doubt be laid at their feet more than anyone else’s, and I agree that they ought to have done better — but why the ILF changed so rapidly and so completely. I’m left feeling much like I did when Michael Laws claimed victory about the h when the result of the government’s decision would be to establish Whanganui as a new orthodoxy, and relegate those wanting to use Wanganui to quirky outsider status:
There are a few possible explanations. One is that Solomon’s position as articulated on the Sunday politics shows and later on NatRad was not truly representative of the ILG’s position, and he has since been hauled back into step. DPF favours this line of argument and reproduces a Ngāti Porou press release in evidence. Another is that Solomon’s remarks were an aggressive negotiating position. But he’s not usually the sort to play brinksmanship games, and this government, with its solid parliamentary majority and two-winged coalition structure, is a poor choice of target for such a strategy. Another possibility is that something really did change, and they’ve received more than just assurances. A fourth, and no doubt very popular possibility is that Turia, Sharples, Solomon, Mahuika and all the other Hori Tory tribal elites have been bought off with baubles of office, beads, blankets and limousines.
I guess we’ll see when the final bill is drafted and introduced. And, of course, the response from the flaxroots will be important, because if they feel like they’ve been sold down the river, no amount of baubles will keep them from abandoning the māori party. And nor should they.