A Response to Chris

Chris Trotter has written a response to the previous discussions regarding the Treaty, titled Talking Past Each Other (a crisp description of the comments threads on both prior posts). I would usually respond there, but Blogger comments are presently down and I have time now, so here it is. It’s a bit more than a comment, at any rate.

I think Chris’ post is intended as a critique of my political and historical naïveté (a common theme), and a perception that I’m treating the history of Aotearoa as a ‘morality play’, to borrow Scott Hamilton’s phrase. In spite of that I find in it quite a lot to agree with. In particular, the characterisation of the agendas of the parties to the Treaty, which captures well the diversity, lack of cross-cultural and long-term perspective, and motive chaos within each camp; and the final affirmation that, whatever the history, the future of Māori and Pākehā must be together. The final paragraph, especially; I cannot agree more strongly.

I also have some problems with the piece; in particular the argument that violating the Treaty was necessary to the establishment of a functional colony and that, ultimately, it was for the best that the Crown did breach the Treaty because we ended up with this lovely country. I don’t agree, and to my mind this sort of let-bygones-be-bygones, it-all-turned-out-for-the-best thinking is a very convenient position to take when it’s not your land which was taken. But our differences on this point are well documented and I don’t intend to relitigate this disagreement here (or in comments; honestly, there’s enough of it on the other two thread!s)

Nevertheless, I do also think the piece mischaracterises my position. There are two main aspects to this. First, Chris says it is naïve to view the Treaty as a contract — and I agree, if it is to be viewed only as a contract. My framing of the two preceding posts in these terms was deliberately simplistic, as I noted to Hugh in comments to the first. But it was deliberate inasmuch as there exists such a paucity of understanding of the actual historical context of the Treaty as it actually occurred, and of its significance as a founding or mediating document, that a simple and clearly Pākehā frame of reference is needed to explicate it. It was not just a contract, but the Treaty was among its other roles, a contract laying out the grants and consideration of an agreement to colonise undertaken between the Crown and local rangatira. Viewing it as a contract, I think, forms a useful minimum basis for understanding, and in particular for the establishment of expectations of what should and could have occurred following its signing.

Of course, history isn’t so simple as that, and this gives rise to the second point: Chris (and others, particularly the commenters on the posts) seem to have interpreted my call for the Treaty to be honoured in the most literal terms — that, if my argument is true, Pākehā have a responsibility to return every square foot of raupatu land; pay reparation for every man killed in the Land Wars; and that Pākehā in 2011 must beat their breasts and prostrate themselves before the descendants of those fortunate enough to survive with whakapapa intact. I mean nothing of the sort. What I mean is that, even if it were for the best, even if breaches were necessary, there exists a moral responsibility to recognise these breaches. I disagree that admission of breaches is “accurrate but trivial”, as Chris puts it; if the agreement was made in good faith (as, having been authorised by the Queen, we have a right to assume it was) then the breaches matter, and give rise to an obligation on the part of the party in breach. Where my point has been lost, I think, is that this obligation extends to making reparation for the breaches to the mutual, minimal satisfaction of both parties. Māori, as I have kept pointing out, have not been unreasonable in this regard, invariably accepting reparations of a tiny fraction of the value of the initial breach, or of no economic value whatsoever — settling for symbolic gestures, apologies and recognition. The obligation, I argue, is to negotiate in similarly good faith. Inevitably, neither party will be entirely happy, but that’s not a realistic object — the object may be to reach a state of ‘minimal satisfaction’, a solution which, although merely tolerable to both parties, does enough to prevent further disputes.

And the end goal of this is the same as what Chris hopes for — a future together. By demonstrating good faith and making just reparation, we make progress toward solving two significant problems: one is the cultural and material circumstances in which Māori find themselves, largely as a consequence of successive governments’ lack of adherence to the Treaty. The other is the status of Pākehā society, which by acting in such poor faith has too long denied its own kaupapa; successive leaders, including the odious Prendergast, denying the existence and authority of a Treaty signed in the name of their own sovereign; and even having eventually recognised it, doing so only in a mean and grudging fashion. These circumstances — both the material circumstances and the lack of good faith by Pākehā — give rise to the ‘attitude’ problems among Māori referred to extensively in the prior comments by Andrew W and Phil Sage, which they argue creates a cycle of dysfunction. The same circumstances give rise to the Pākehā guilt to which Chris refers, and of which he has accused me in the past of being victim.

But I say again: this isn’t about guilt; none of us Pākehā held the sabre in hand or pulled the trigger. Many of us, myself included, have no ancestors who were here at the time of the Treaty’s signing and its most egregious breaches (mine were still in Skye, Kerry, Eindhoven and Brabant labouring under their own troubles at the time). But as Chris says, we have — and our society has — grown and prospered at the expense of the country’s original inhabitants, and we share in the responsibility to make that right. It’s not about dwelling in the past — it’s about moving into the future, which we cannot only do once the misgivings of the past have been settled. Although Pākehā have tried to do so, it should be clear now that we cannot force Māori to forget — and nor should we. But we can work together — as much as possible without self-flagellation or haughty defensiveness — toward squaring the ledger, purging the bad blood and cleaning the slate so that we can go forward, unencumbered, into a future as iwi tahi tātou.

L

Farewell Dame Judith Binney

Sad news today that Dame Judith Binney, who was probably New Zealand’s greatest living historian, has died.

Dame Judith is best known for her remarkable works on the history of colonialism in New Zealand — in particular for Redemption Songs: a life of Te Kooti Arikirangi Te Turuki; and more recently Encircled Lands: Te Urewera, 1820-1921 . Shortly after the publication of Encircled Lands, in December 2009, Dame Judith was hit by a truck while crossing a road in Auckland. She suffered a head injury, and while it has not been confirmed, it seems reasonable to assume that this contributed to her early passing.

I can’t do her work and her career justice, so rather than try, I’ll refer you to Scott Hamilton’s excellent essay Why we need Judith Binney.

A huge and tragic loss.

L

Class, identity, solidarity and dissent

Recently commenter Tiger Mountain raised the parallel between solidarity with Actor’s Equity regarding The Hobbit and support for the māori party given their coalition with National and sponsorship of some bad legislation. I explained how they’re not equivalent, but leaving aside the main difference of mandate (which the māori party has and AE doesn’t) the wider issue of critical solidarity is an important one, and one which has been raised several times recently. In the wake of The Hobbit fiasco matters of class, identity and solidarity are high in everyone’s minds, and I think in spite of our many differences, we can agree that’s a good thing.

Another contribution to the wider debate is by Eddie at The Standard. For once I find myself agreeing with Eddie’s opening sentence about the māori party, which is:

The problem with any identity-based political movement is it pre-supposes that the common identity of its members surpasses their conflicting class interests.

It’s true, although I would have phrased it as follows:

The problem with any class-based political movement is it pre-supposes that the common class of its members surpasses their conflicting identity interests.

I wrote at length about this dynamic tension at a time when it looked like Labour was going to force Māori to choose between their class identity and their identity as tangata whenua — and how foolish forcing such a choice would be. (It’s still not clear whether Labour has abandoned it, but it at least seems obvious that they don’t have a full-blooded commitment to the blue collars, red necks strategy. But that’s by the way.)

What tends to follow from statements like that one is a series of value judgements about which set of interests ought to take precedence. This can be valuable, but is often tiresome, particularly when those making the pronouncements are “fighting a corner” for only one half of the equation (usually, it must be said, the “class” corner). But Eddie has mostly (not entirely) resisted the urge to do so and focused on the internal dispute within the māori party, and in particular the rather dictatorial stance taken by Tariana Turia regarding opposition to the new Marine & Coastal Area (hereafter MCA) Bill. That’s an important debate and examination of it is valuable, but what’s not really valuable is Eddie’s attempt to frame Turia’s stance as a matter of māori identity v class identity. It’s not. It’s a matter of the tension between moderate and radical factions within the movement; part of the internal debate within Māoridom.

Class is an element of this internal debate, but it is not the only element, and I would argue it is not even the predominant element. I think it’s clear that the conciliatory, collaborative, third-way sort of approach to tino rangatiratanga taken by Turia and Sharples under the guidance of Whatarangi Winiata (and whose work seems likely to be continued by new president Pem Bird is the predominant force. I also think the main reason for the left’s glee at the ascendance of the more radical faction is largely due to the fact that there’s a National government at present (and recall how different things were when the boot was on the other foot from 2005-2008). Those leading the radical charge against the MCA bill — notably Hone Harawira, Annette Sykes and Moana Jackson (whose primer on the bill is required reading) are not Marxists or class advocates so much as they are staunch advocates for tino rangatiratanga, who oppose the bill not so much for reasons based on class, but for reasons based on kaupapa Māori notions of justice. The perspectives of all three are informed by these sorts of traditionally-leftist analyses, but those analyses are certainly not at the fore in this dispute (as they have been in some past disputes). In fact, the strongest (you could say “least refined”) Marxist critiques of the bill advocate for wholesale nationalisation of the F&S, unapologetically trampling on residual property rights held by tangata whenua in favour of collective ownership.

For Eddie’s caricature of the dispute as “identity” v “class” to hold strictly, Turia, Sharples, Flavell and Katene would need to occupy the “authentic” kaupapa Māori position, the legitimate claim of acting in the pure interests of mana motuhake and tino rangatiratanga; while Harawira, Sykes and Jackson (among others) would need to be largely denuded of this “identity” baggage, and be more or less pure class warriors. Neither is true; Harawira, Sykes and Jackson’s critique of the bill isn’t a Marxist critique; they’re arguing that the bill doesn’t serve the imperative of tino rangatiratanga and is therefore not an authentic kaupapa Māori position; an assertion that Sharples has tacitly accepted with his response that the Maori Party must accept compromise. (This is true, of course; I agree with Sharples and Turia as far as that goes. I just disagree that this bill is the issue upon which to compromise so heavily. Because of that, I come down on the side of Harawira, Sykes and Jackson.)

The other misguided thing is how Eddie frames Turia’s insistence that Harawira and others adhere to the party line as some sort of manifestation of Māori over class identity within the party — the quelling of dissent and insistence on loyalty to the leadership elite’s position as a “Māori” way of doing things, opposed to a “Left” way of doing things. This is absurd. The “left” does not automatically stand in defence of dissent or the public airing of heterodox views, much though Eddie (and I) might wish that it should. As I already mentioned, this is shown by Labour’s response to Turia in 2004 and the māori party’s first full term, suspicious at best and hostile at worst. The AE dispute is also an excellent illustration. In that case, the prevailing, “authentic” left position (including that taken by many writers at The Standard, though not — as far as I can recall — by Eddie) was to insist on total public solidarity with the union. In other words, precisely what Turia is insisting upon. I disagreed with this position in AE’s case, and I disagree with it in the māori party’s case. Dissent of this sort (or the imperative of its suppression) is not some innate part of “the left”, nor is it absence a characteristic of “identity politics”. It can exist or not in movements of either type, depending on the merits and specifics. It’s my view that such dissent is the beating heart of a movement, and it is peril to quash it. It is a shame that Turia seems to be making the same error as Helen Clark made regarding this issue in 2004.

But despite these objections, ultimately I agree with Eddie about one other thing: the dispute is really interesting, and the emergence of radical critiques and challenges within the movement is exciting and important. The māori party has a mandate to agree to the MCA act as drafted; after all, according to Edmund Burke’s famous saying, representatives owe their constituents not only their efforts but their judgement on what is just and right and possible. They’re not elected to always take the easy route of political martyrdom, and because of this they may find themselves staring down their constituents. Sometimes they may win. But nowhere are representatives guaranteed that those constituents must not try to stare back. If those who oppose the bill can raise a hÄ«koi in support of their cause, then let them do so, and more strength to their waewae. And let members of the “left” movements, if their enmity to the bill is genuine, rather than a reflexive attack on a National-led government and the māori party orthodoxy which supports it, march alongside them in solidarity. That will be some sort of justice.

L

Enemies like these

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.

L

PC priorities

The media beat-up du jour is the non-story of Te Papa Tongarewa “barring” (or “banning”, “forbidding”, other such absolute terms) pregnant and menstruating women from entry due to the nature of some tāonga on display.

Except they’ve done no such thing. The “ban” isn’t actually a restriction at all — they’ve been clear that it’s a request, not an ironclad edict; and in any case, the exhibit isn’t open to the public, but to staff from other museums. It’s an invite-only behind-the-scenes tour. And the crucial point is that the tāonga in question have been given to Te Papa on condition that this advice is given to prospective viewers. Let me be crystal clear: nobody would be barred from attending on the grounds that they are pregnant or menstruating. If someone wanted to turn up and say “bollocks to all of that, me and my unborn child are going to see those taiaha!”, it’s been made clear that she would be permitted to do so. That might be inflammatory and offensive, like farting in church or wearing a bikini to a funeral, but nobody is forbidding it. And that’s as it should be: Te Papa is our place and nobody should be barred outright. If the condition required exclusion, then that would be fair enough on the part of the owners — who can reasonably impose whatever conditions they please — but quite explicitly not ok for Te Papa, who would be better to decline the opportunity outright to maintain its public mandate.

Of course, this hasn’t stopped everyone with a platform from winding up to rage against the imposition of archaic, alien superstitions upon their civil liberties. But almost without exception, the restriction-which-isn’t-really-a-restriction doesn’t apply to them, since — as far as I’m aware — none of those objecting are in fact museum staff who would be eligible for the tour. And amongst this vicarious umbrage there’s an awful lot of squawking about misogyny and imposition of cultural values, and much more uncritical repetition of the misleading language of “bans” and such. It goes as far as idiotic and lurid suggestions about personal searches using sniffer dogs, for crying out loud.

All this has manifested as a soft and rather opportunistic sort of anti-Māori racism, where Māori are the casualties of our sticking up for the rights of pregant and menstruating women. There’s a common implication that they are the oppressive stone-age patriarchy using whatever means they can to victimise our women; and “forcing” their rude barbarian culture into our civilised and noble times. This is understandable from the usual PC gone mad crowd who’ve suddenly — conveniently — found their inner feminist, but somewhat more disappointing from those who would often be described as the hand-wringing PC liberals, people who ought to know better that it is possible to reconcile conflicting cultural values of this sort in an amicable fashion via the standard tools of live-and-let-live liberalism. And while those same hand-wringing PC liberals do rail against the worst excesses of those illiberal institutions which make up mainstream NZ society — chief amongst them the Catholic church — the response to this case has generated anger out of all proportion. Te Papa had to make the decision: take the tāonga on with the advisory condition, or not at all. Perhaps those objecting to this policy would prefer that nothing of this sort ever go on display. There is a genuine cultural conflict here, but it can quite simply be resolved: those pregnant and menstruating women who believe their right to attend trumps the request to the contrary may do so then and there. Not only are they not prevented from doing so by those hosting the tours, they actually have the right to do so should they choose, and that right should be defended. Those who do not may do so at another time which is convenient to them. The tragedy is that for most of the liberals in this battle of PC priorities, women must be given categorical superiority over Māori. They are arguing for their own culture to be imposed across the board; the very illiberalism they claim to oppose.

There are (at least) two people who are making good sense on this matter: Andrew Geddis, whose liberal argument is very close to my own views, but much better formed; and Lynne Pope who, almost uniquely among the bullhorns sounding around this topic, is a Māori woman who’s actually been on the tour in question. Neither of them have lapsed into the myopic, reflexive Māori-bashing which is the most unbecoming aspect of this situation.

The lesson for New Zealand’s liberals is this: it isn’t necessary to trample on the cultural needs of Māori to accomodate the needs of women. Liberalism itself provides tools to reconcile these differences. They just need to be used.

Update 20101018: As usual, Scott Hamilton makes good sense on this topic.

L

‘Come back Helen Clark, all is forgiven’

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.

And there’s plenty more where that came from.

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.

L

Bhadge

I’ve been very busy again this past week, and so the list of things I want to write about copiously exceeds my ability to write about them. My promised post about internecine disputes is in very early draft form but I’ll try and get it finished soon. I still have a post planned looking at the wider implications of the foreshore and seabed review, but I think that’ll have to wait until after I’ve painted the roof.

yep_im_a_redneck_button-p145980559379977550q37f_400I also wanted to write a lot about the final outcome of the h debate, but find that my views have already been pretty well encapsulated by Andrew Geddis and Idiot/Savant. You should also read Scott Hamilton’s latest on the wider topic of Pākehā separatism.

Given that the decision declares both ‘Wanganui’ and ‘Whanganui’ correct, but mandates crown usage of ‘Whanganui’, there’s as clear an implicit statement as can be that the latter is more correct than the former. This has been clearly understood by TVNZ and Radio NZ, who have adopted the latter usage as a matter of editorial policy. They are owned by the crown, after all, and both just happen to be in direct competition with Laws and his media employer. Permitting both spellings but making this declaration as to primacy was a move as shrewd as it was elegant by Maurice Williamson — similarly to John Key’s decision to permit the flying of a Māori flag if only Māori could agree on one. Michael Laws, Tariana Turia and Ken Mair have all claimed victory, so everyone with an actual stake is nominally happy. The Standardistas and the KBR are furious, which is a pretty good sign. It obviates the strongest symbolic position occupied by Laws, the idea that Wellington is coercing Wanganui into doing its PC bidding. Wellington need not — the rest of the country will do that, because the use of the no-h word will be an identity marker, a statement, like a badge; not quite “Yep, I’m a redneck” but something approaching it. The thing is that Laws and his rump of greying die-hards do not simply face a disorganised and discredited bunch of radical natives; they find themselves standing against the inexorable tide of civil society and its evolution, a youthful and browning population for whom biculturalism is the norm and separatism stopped being cool a generation ago (if it ever was).

Who knew that all Michael Laws wanted for his cause was an emasculating partial endorsement and a prolonged death sentence? He could have saved everyone (and his own reputation) a great deal of trouble by making this plain at the beginning. In other circumstances, I would be angry about everyone having been taken for a ride — but as it stands, I’m mostly just quietly pleased that civil society’s tendency toward self-correction will be left to do its thing.

L