The ACT Party’s election promise of a referendum for Aotearoa New Zealand to redefine and enshrine the “principles” of the Te Tiriti o Waitangi (Treaty of Waitangi) is likely to dominate debate at this year’s Rātana and Waitangi Day events.

ACT’s coalition agreement with the National Party commits the government to supporting a Treaty Principles Bill for select committee consideration. The bill may not make it into law, but the idea is raising considerable alarm.

Leaked draft advice to Cabinet from the Ministry of Justice says the principles should be defined in legislation because “their importance requires there be certainty and clarity about their meaning”. The advice also says ACT’s proposal will:

change the nature of the principles from reflecting a relationship akin to a partnership between the Crown and Māori to reflecting the relationship the Crown has with all citizens of New Zealand. This is not supported by either the spirit of the Treaty or the text of the Treaty.

Setting aside arguments that the notion of “partnership” diminishes self-determination, the 10,000 people attending a hui at Tūrangawaewae marae near Hamilton last weekend called by King Tūheitia were motivated by the prospect of the Treaty being diminished.

Do we need Treaty principles?
The Treaty principles were developed and elaborated by parliaments, courts and the Waitangi Tribunal over more than 50 years to guide policy implementation and mediate tensions between the Māori and English texts of the document.

The Māori text, which more than 500 rangatira (chiefs) signed, conferred the right to establish government on the British Crown. The English text conferred absolute sovereignty; 39 rangatira signed this text after having it explained in Māori, a language that has no concept of sovereignty as a political and legal authority to be given away.

Because the English text wasn’t widely signed, there is a view that it holds no influential standing, and that perhaps there isn’t a tension to mediate. Former chief justice Sian Elias has said: “It can’t be disputed that the Treaty is actually the Māori text”.

On Saturday, Tūheitia said: “There’s no principles, the Treaty is written, that’s it.”

This view is supported by arguments that the principles are reductionist and take attention away from the substance of Te Tiriti’s articles: the Crown may establish government; Māori may retain authority over their own affairs and enjoy citizenship of the state in ways that reflect equal tikanga (cultural values).

Author and Professor of Māori Studies at the University of Auckland, Margaret Mutu, who was in attendance at the recent hui-ā-iwi at Tūrangawaewae marae, says the government is required to honour Te Tiriti o Waitangi.https://t.co/zSusoi5RER pic.twitter.com/dMrxjtMRan

— 95bFM News (@95bFMNews) January 26, 2024

Democratic or undemocratic?
The ACT Party says this is undemocratic because it gives Māori a privileged voice in public decision making. Of the previous government, ACT has said:

Labour is trying to make New Zealand an unequal society on purpose. It believes there are two types of New Zealanders. Tangata Whenua, who are here by right, and Tangata Tiriti who are lucky to be here.

Liberal democracy was not the form of government Britain established in 1840. There’s even an argument that state government doesn’t concern Māori. The Crown exercises government only over “its people” – settlers and their descendants. Māori political authority is found in tino rangatiratanga and through shared decision making on matters of common interest.

Tino rangatiratanga has been defined as “the exercise of ultimate and paramount power and authority”. In practice, like all power, this is relative and relational to the power of others, and constrained by circumstances beyond human control.

But the power of others has to be fair and reasonable, and rangatiratanga requires freedom from arbitrary interference by the state. That way, authority and responsibility may be exercised, and independence upheld, in relation to Māori people’s own affairs and resources.

Assertions of rangatiratanga
Social integration — especially through intermarriage, economic interdependence and economies of scale — makes a rigid “them and us” binary an unlikely path to a better life for anybody.

However, rangatiratanga might be found in Tūheitia’s advice about the best form of protest against rewriting the Treaty principles to diminish the Treaty itself:

Be who we are, live our values, speak our reo (language), care for our mokopuna (children), our awa (rivers), our maunga (mountains), just be Māori. Māori all day, every day.

As the government introduces measures to reduce the use of te reo Māori in public life, repeal child care and protection legislation that promotes Māori leadership and responsibility, and repeal water management legislation that ensures Māori participation, Tūheitia’s words are all assertions of rangatiratanga.

Those government policies sit alongside the proposed Treaty Principles Bill to diminish Māori opportunities to be Māori in public life. For the ACT Party, this is necessary to protect democratic equality.

In effect, the proposed bill says that to be equal, Māori people can’t contribute to public decisions with reference to their own culture. As anthropologist Dr Anne Salmond has written, this means the state cannot admit there are “reasonable people who reason differently”.

Today thousands answered the Māori Kings call for unity by descending on Tūrangawaewae marae for a national hui to discuss Act’s proposal to redefine the principles of the treaty. Here’s David Seymour being grilled by @moanatribe on his questionable use of the word apartheid. pic.twitter.com/1E9pItTqLm

— Kelvin Morgan 🇳🇿 (@kelvin_morganNZ) January 20, 2024

Liberal democracy and freedom
Equality through sameness is a false equality that liberal democracy is well-equipped to contest. Liberal democracy did not emerge to suppress difference.

It is concerned with much more than counting votes to see who wins on election day.

Liberal democracy is a political system intended to manage fair and reasonable differences in an orderly way. This means it doesn’t concentrate power in one place. It’s not a select few exercising sovereignty as the absolute and indivisible power to tell everybody else what to do.

This is because one of its ultimate purposes is to protect people’s freedom — the freedom to be Māori as much as the freedom to be Pakeha. If we want it to, democracy may help all and not just some of us to protect our freedom through our different ways of reasoning.

Freedom is protected by checks and balances on power. Parliament checks the powers of government. Citizens, including Māori citizens with equality of tikanga, check the powers of Parliament.

One of the ways this happens is through the distribution of power from the centre — to local governments, school boards and non-governmental providers of public services. This includes Māori health providers whose work was intended to be supported by the Māori Health Authority, which the government also intends to disestablish.

The rights of hapū (kinship groups), as the political communities whose representatives signed Te Tiriti, mean that rangatiratanga, too, checks and balances the concentration of power in the hands of a few.

Checking and balancing the powers of government requires the contribution of all and not just some citizens. When they do so in their own ways, and according to their own modes of reasoning, citizens contribute to democratic contest — not as a divisive activity, but to protect the common good from the accumulation of power for some people’s use in the domination of others.

Te Tiriti supports this democratic process.

Dr Dominic O’Sullivan is adjunct professor, Faculty of Health and Environmental Sciences, Auckland University of Technology, and professor of political science, Charles Sturt University. This article is republished from The Conversation under a Creative Commons licence. Read the original article.

Article by AsiaPacificReport.nz

Vanuatu’s outgoing president, Obed Moses Tallis, has urged the government not to abolish the Ministry of Justice, warning against a “dictatorial system”.

His opening speech to Parliament’s first “ordinary” session of 2022 is his final duty of his mandate which will end in July.

“In my observation during my five-year term as a Head of State, the judiciary in Vanuatu under the leadership of Chief Justice has played an important role in stability, growth and progress of the nation for it uniqueness of it its independency,” he said.

“To cherish the stages of the third pillar of the constitution, I urge the government to carefully consider its decision to abolish the Ministry of Justice.

“It is important that the government maintain the Ministry of Justice. Without the judiciary, there will no effective work from the government and there will be no prosecution.

“The work of the Vanuatu Police force will have no bases and there will be a dictatorial system in place,” he said.

In his speech, Tallis also praised the country’s frontline workers for their hard work during the community outbreak of covid-19.

Frontline workers risked lives
He said frontline workers risked their lives and their families by being exposed to the virus.

He also hailed their efforts in challenging disinformation about the omicron variant.

Tallis said the hard work of the frontline workers had contributed to stabilising the outbreak in the affected provinces.

Meanwhile, Vanuatu’s Ministry of Health reports 37 new cases of covid-19.

Tallis told Parliament Vanuatu had gone through several challenges because of the covid pandemic.

He acknowledged the tourism sector for its contribution to the recovery of Vanuatu’s economy.

“Tourism has contributed a lot to economic growth but the only problem is that it is a fragile industry and cannot sustain us during total border restrictions which restricted the mobility and the movement of the tourists.

Tourism a ‘fragile industry’
“We experienced a high rate of unemployment with the closure of hotels and caused financial difficulties of the family.

“The other reason why I am saying that tourism is a fragile industry is the ongoing climate change impact across the globe which could affect this industry.

“In my humble view, I want to see government to invest more in vibrant industry such as agriculture, fisheries and utilising the natural resources in land and marine,” Tallis said.

He acknowledged government initiatives to redirect its focus in the agriculture sector and the programme of coconut replanting and cattle restocking and the establishment of the connection of the cooperative to the local farmers in order to participate effectively in the country’s economic growth.

The Prime Minister, Bob Loughman, and the Leader of the opposition, Ralph Regenvanu, both thanked Tallis for his role as Head of State during his five-year mandate.

This article is republished under a community partnership agreement with RNZ.

Article by AsiaPacificReport.nz