Political Reviews

0LFURQHVLDLQ5HYLHZ,VVXHVDQG(YHQWV-XO\ WR-XQH david w kupferman, kelly g marsh, donald r shuster, tyrone j taitano

3RO\QHVLDLQ5HYLHZ,VVXHVDQG(YHQWV-XO\ WR-XQH lorenz gonschor, hapakuke pierre leleivai, margaret mutu, forrest wade young

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127 political reviews ‡ polynesia 165 of Information Facebook page http://www Philip, Danny. 2011. Statement by .facebook.com/permalink.php?story_fbid Honourable Danny Philip, Prime Minister =409078999125041&id [Solomon Islands], Before the General =207532522613024 [accessed Debate of the 66th Session of the United 16 May 2012] Nations General Assembly, 24th Septem- ber, New York. http://gadebate.un.org/ Fiji Sun. Daily. Suva. sites/default/files/gastatements/66/SB http://www.fijisun.com.fj _en.pdf [accessed 25 Sept 2011] Government of Fiji. 2011. Engaging pir, Pacific Islands Report. Daily Internet with the Pacific Leaders Meeting. Nadi news. Honolulu. http://pidp.eastwestcenter Communiqué, 1–2 September. Posted on .org/pireport Fiji Government website. http://www.fiji .gov.fj/ [accessed 6 Sept 2011] Regnault, Jean-Marc. 2006. La France à l’opposé d’elle-même: Essais d’Histoire Government of France. Validité du traité politique de l’Océanie. Volume 1: “Il y a d’amitié, de commerce et de navigation, un monde du Pacifique” disait de Gaulle. entre la France et le roi des Îles Hawaii Moorea: Les Editions de Tahiti. signé le 29 octobre 1857. 13ème législa- ture. Question écrite n° 20195 de M. Rich- ———. 2011. L’anosognosie, maladie ard Tuheiava (Polynésie française–soc) universellement répandue chez les poli- tiques. Tahiti Pacifique Magazine 245 publiée dans le JO Sénat du 29/09/2011, (October): 28–29. page 2474. Posted on French Senate website http://www.senat.fr/basile/visio rnzi, Radio New Zealand International. .do?id=qSEQ110920195 [accessed Daily radio and Internet news. 25 Sept 2011] http://www.rnzi.com Kilman Lituvanu, Meltek Sato. 2011. ti, Tahiti Infos. Daily Internet news. Statement by The Right Honourable Tahiti. http://www.tahiti-infos.com Meltek Sato Kilman Lituvanu, Prime tntv, Tahiti Nui Télévison. Minister of the Republic of Vanuatu, http://www.tntv.pf Before the Sixty-sixth Session of the United Nations General Assembly, United Nations tp, Tahitipresse. Daily Internet news. Headquarters, New York, Saturday, Tahiti. http://www.tahitipresse.pf

24 September. http://gadebate.un.org/sites/ TPM, Tahiti Pacifique Magazine. Monthly. default/files/gastatements/66/VU_en.pdf Tahiti. http://www.tahiti-pacifique.com [accessed 25 Aug 2012] Massau, Serge. 2011. Paroles d’un autoch- tone: Entretiens avec le sénateur Richard Tuheiava. Papeete: Éditions Haere Po No 0ëRUL,VVXHV Tahiti. In a year when tensions between NT, Les Nouvelles de Tahiti. Daily. Tahiti. 0ëRULDQGWKHJRYHUQPHQWZHUH http://lesnouvelles.pf increasing, hosting the Rugby World Cup was a welcome albeit temporary Pacific Islands Forum. 2011. Forty-second Pacific Islands Forum, Auckland, New GLVWUDFWLRQ'HVSLWHDVWURQJ0ëRUL Zealand, 7–8 September, Forum Com- presence at the opening and on the muniqué. http://www.forumsec.org/pages New Zealand All Blacks team, dis- .cfm/documents/forum-communiques/ plays of racism marred the event on [accessed 27 Nov 2011] more than one occasion. This very 166 the contemporary pacific ‡ 25:1 (2013) destructive characteristic of New RQWKH:DLWHPDWë+DUERXULQ$XFN- Zealand society is becoming more ODQG0ëRULDSSUHFLDWHGWKHFKDLUPDQ SURQRXQFHGDV0ëRULVXFFHVVLVEHLQJ of the International Rugby Board, perceived by some as a threat to the Frenchman Bernard Lapasset, speak- white supremacy that has thrived in LQJ0ëRULDVKHRSHQHGWKHWRXUQD- New Zealand for over a century and ment, even if it did highlight the fact a half. It surfaced on several occa- that Prime Minister John Key chose sions during the year, most notably WRLJQRUHWKH0ëRULIRXQGDWLRQRIWKH LQ3ëNHKë (XURSHDQ PHGLDLQVRPH nation when he spoke. The country court decisions, in industrial disputes, was euphoric when the All Blacks in Treaty of Waitangi “settlements,” in eventually won the World Cup, nar- government policy, and in the actions rowly beating the French in a nail- of several government agencies. In the ELWLQJILQDO7KHUHZHUHHLJKW0ëRUL November general election, the most on the thirty-man team. Piri Weepu WHOOLQJUHVXOWZDVWKHYHU\ORZ0ëRUL was named Man of the Match in the voter turnout of 49 percent (New quarterfinals against Argentina, and Zealand Parliament 2011 7KH0ëRUL Israel Dagg was named one of the five Party lost a member of Parliament, players of the tournament. reducing its numbers to three, but It was therefore disappointing that once again they joined the National the racist underbelly of New Zea- Party–led coalition government. The land society was in evidence against new Mana Party has only one member 0ëRULDQGRXU3DFLILFFRXVLQVGXU- in the House, with the remaining three ing the tournament. Members of one 0ëRULVHDWVJRLQJWRWKH/DERXU3DUW\ of the waka crews, including young (Electoral Commission 2011). Dur- women, were physically and verbally ing the year, the government pushed attacked when they came ashore on through “settlements” of five iwi the overcrowded Auckland waterfront (tribal groupings), which legally extin- during the opening ceremony; several guished their treaty claims. A further required hospital treatment. Mean- four have had similar “settlement” while the Tongan, Samoan, and Fijian legislation pending in Parliament (ots teams felt particularly disadvantaged 2012). As a result of the Crown’s with a draw that treated them unfairly relentless drive to extinguish all histor- by having only short times between ical claims, the Waitangi Tribunal has their games while the opposition had been inundated with claims opposing a week. Then there were the Inter- the so-called settlements, to the point national Rugby Board rules, which that it has had to put other work on prevented a number of outstanding hold (Waitangi Tribunal 2012). Tongan, Samoan, and Fijian players The Rugby World Cup riveted the from playing for their own countries nation for two months. The opening (Taonui 2011). Biased refereeing ceremony was dominated in spec- against these Pacific Island teams is WDFXODUIDVKLRQE\WKH0ëRULIDFHRI common, and when the Samoan center the country, and twenty traditional angrily pointed out the racism of a waka (war canoes)—one for each Welsh referee and refused to back nation represented—were out in force down, he was suspended. political reviews ‡ polynesia 167

Nowhere is racism more clearly This reporting contrasted sharply with HYLGHQFHGWKDQLQ3ëNHKëFRQWUROOHG the more balanced and factually based media. Totally unacceptable socioeco- UHSRUWLQJE\0ëRULPHGLDLQZKLFK QRPLFVWDWLVWLFVIRU0ëRUL 0F,QWRVK commentary focused on the need for and Mulholland 2012) are often the country to recognize and address quoted with no analysis or history of the damage that racism causes (Mutu the causes provided. Yet the successes 2012a). Similarly, the Taranaki Daily RIDQLQFUHDVLQJQXPEHURI0ëRUL NewsPLVTXRWHG0ëRULODQJXDJH DQG0ëRULRUJDQL]DWLRQVLQDUHDV lecturer Keri Opai, who referred to the that were traditionally the preserve of DWURFLWLHVVXIIHUHGE\7DUDQDNL0ëRUL 3ëNHKëDUHUDUHO\PHQWLRQHG3RVL- as a holocaust (Radio New Zealand WLYHUHSRUWVDERXW0ëRULULVLQJWRWKH 2011 7KH3ëNHKëPHGLDYLOLILHGKLP WRSRISURIHVVLRQVDQGDERXW0ëRUL but he was in good company; the organizations established to look after Waitangi Tribunal had made the same WKHHFRQRPLFZHOOEHLQJRIWKHLUKDSą reference in 1996 (Waitangi Tribunal (group of extended families) and iwi 1996) and had been similarly vilified. JURXSRIKDSą PDNLQJVXEVWDQWLDO Yet when the Weekend Herald, the JDLQVDUHIXOO\FRYHUHGE\0ëRULQHZV sister publication to the country’s larg- PHGLD

Pakeha and work out new ways of Early in 20117H:KëQDXë bamboozling the Pakeha to come Apanui had authorized a flotilla of up with a few more millions” were vessels to shadow the vessels of the described as “inaccurate,” “beyond Brazilian oil giant Petrobas, which the what is acceptable,” and “a gratuitous government had allowed to explore offence to Maori” (New Zealand Press for oil in their sea territory (Mutu Council 2012). Unfazed, the Herald 2012b, 188). Apart from the fact that went on to publish equally inflamma- the oil belongs to the iwi, the great- tory remarks from the right-wing act est concern was the potential for a party’s largest donor, Louis Crimp, major oil spill. The mv Rena incident in an article entitled “Act Backer: We confirmed fears that the country All Dislike Maori” (Fisher 2012). An could not manage such a disaster. emerging opinion being expressed The government had attacked Te E\VRPH0ëRULOHDGHUVLVWKDWUDF- :KëQDXë$SDQXLVHQGLQJLQWKH LVPLVD3ëNHKëSUREOHPDQGLWLVQRW navy and the police to arrest the skip- WKHUHVSRQVLELOLW\RI0ëRULWRIL[LW per of one of their boats. In July 2012, (Mikaere 2011, 68). the case was thrown out of court In October, Tauranga Moana because the New Zealand govern- KDSąZHUHIDFHGZLWKDQHVFDODWLQJ ment has no jurisdiction in that part environmental disaster following the RI7H:KëQDXë$SDQXLªVVHDV Bay of grounding of the mv Rena, a 47,230- Plenty News 2012). tonne container ship carrying over 350 In another prominent case, the out- tonnes of toxic oil. It smashed into the come confirmed the courts’ preference UHHIüWDLWL $VWURODEH5HHI ZKLFKLV WRLQFDUFHUDWH0ëRULHYHQIRUPLQRU the traditional fishing ground of Te offenses (Webb 2012, 250–251). The 3DWXZDLKDSąRI0ýWõWõWKHLVODQG long-awaited trial of the four people immediately adjacent to the reef. A arrested and charged as a result of storm hit the area in the following WKHSROLFHWHUURULVWUDLGVLQWR7ąKRH week, resulting in most of the oil country in 2007 took place in March being spilled into the sea and more 2012. It saw the jury hung on the than eighty-eight containers going more serious charges and only some overboard (Akuhata 2011). Local of the minor firearms charges upheld. KDSąDQGLZLZHUHLQLWLDOO\LJQRUHGE\ The two-and-a-half-year prison government officials struggling to cope sentence handed down in May to two with the disaster. The environmental of those charged appeared to confirm impact affected the whole of the Bay the increasing concern that many of Plenty and spread some way down 0ëRULSULVRQHUVDUHLQIDFWSROLWLFDO the East Coast region, highlighting prisoners. how unprepared the country is to Increasing anger with the newly manage such disasters. It took some elected National Party–led government time for officials to start recognizing and long-running industrial disputes that the extensive knowledge held by saw large numbers turn out in cities ORFDO0ëRULZDVHVVHQWLDOIRUDVXF- around the country for the Aotearoa cessful clean-up operation (Waatea Is Not For Sale protest march earlier News 2011). in May. Its aim was to demonstrate political reviews ‡ polynesia 169 public opposition to privatization and in applications against pending settle- the continued selling of the country’s ments was having an impact on the natural resources, land, and public tribunal’s other inquiries and report services to private investors. Large writing, causing unavoidable delays blocks of land are increasingly being (Waitangi Tribunal 2012). made available for purchase by foreign Despite the growing opposition companies and individuals rather to these so-called settlements, the than being returned to their right- government continued to push ahead IXO0ëRULRZQHUV7KHDJJUHVVLYHRLO with them, convincing claimants that drilling and mining tendering pro- they had no alternative but to accept cess that saw such vehement protest the very mean and unfair terms it IURP7H:KëQDXë$SDQXLLVEHLQJ had unilaterally decided. Legisla- extended throughout the country. tion was passed extinguishing all the Major industrial disputes were taking KLVWRULFDOFODLPVRI1JëWL0DQDZD place at the Ports of Auckland and in DQG1JëWL:KDUH RIWKH&HQWUDO affco meat-processing plants around 1RUWK,VODQG 1JëWL3ëKDXZHUD New Zealand where the overwhelm- +DZNHV%D\ DQG1JëWL3RURX (DVW LQJPDMRULW\RIWKHZRUNHUVDUH0ëRUL Coast); and legislation was introduced Treaty “settlements” were continuing LQWRWKH+RXVHIRU1JëWL0DQXKLUL WRGLYLGH0ëRULFRPPXQLWLHVDQG 1RUWKODQG 1JëWL:KëWXDRüUëNHL 0ëRULZHUHOHDYLQJWKHFRXQWU\LQWKH $XFNODQG 1JëL7ëPDQXKLUL (DVW thousands, heading mainly for Austra- Coast); Maraeroa Block (Central lia, looking for work and respite from North Island); and Rongowhakaata the increasingly oppressive racism in (East Coast) (ots 2012). While the New Zealand. names of the settling bodies would be In the Ports of Auckland dispute, entered onto the titles of some of the an injunction issued by the Employ- sacred sites that had been stolen from ment Tribunal in March ensured them, the settlements do not allow that striking workers were not made full authority and control or even redundant and that collective bargain- privacy with respect to the lands to be ing continued over their work condi- returned to those iwi. Those settling tions (Anglican Diocese of Auckland must maintain public access to almost 2012). In the affco disputes, which all of these sites, effectively guarantee- saw large numbers of workers locked ing their continued desecration. Small out around the country, iwi leaders monetary provisions ranging from who had been meat workers them- nz$1.6 million to nz$110 million selves broke the deadlock by bringing [nz$1 = ~us$0.82] are also made in the company owners and the work- the legislation (ots website: Deeds of ers together in one room in May and Settlement), although the government not allowing them to leave until a will retain most of this. Rather than resolution was reached (National Iwi simply relinquishing the lands they Chairs’ Forum 2012, 9–10). On the have stolen, the government forces the treaty “settlements” front, the Wai- iwi to buy back the very small propor- tangi Tribunal issued a memorandum tions of the land that it has decided stating that the unprecedented increase it is prepared to sell to them (Mutu 170 the contemporary pacific ‡ 25:1 (2013)

2012b, 188). The monetary provision (Hamer 2004, 7). In May 2011, the made is never enough to purchase Supreme Court quashed a decision all lands offered. Rather, the already by the Waitangi Tribunal not to hear impoverished claimants are expected an application for orders from the to find money from other sources Mangatu Incorporation (Supreme to pay the government the ransom Court 2011). This opened the way for money it demands if they want their 0ëRULWRH[HUFLVHWKHLUOHJDOULJKWWR lands returned. have the tribunal make such orders. Meanwhile, apart from the urgent The government fought bitterly to applications opposing these extin- stop the tribunal from hearing the Far guishments, the Waitangi Tribunal 1RUWKLZL1JëWL.DKX,WIDLOHGDQG is also hearing other urgent contem- the hearing has been scheduled to go porary claims. Most hotly contested ahead in September 2012. LVWKHFODLPWRIUHVKZDWHU0ëRUL MARGARET MUTU have mana (power and authority derived from the gods) with respect to all their natural resources, which References includes proprietary rights to, and ownership of, their own waterways. Abel, Sue, and Margaret Mutu. 2011. The claim is urgent because the There’s Racism and Then There’s Racism: government is pushing ahead to sell Margaret Mutu and the Immigration Debate. The New Zealand Journal of 49 percent of its power-generation Media Studies 12 (2). companies, and these companies rely RQZDWHUWRJHQHUDWHSRZHU0ëRUL Akuhata, Whare. 2011. Rena and the are insisting that, prior to any sale, Island. 0DQD0ëRUL 103:12–15. their interests in and legal rights to Anglican Diocese of Auckland. 2012. the water be clarified, acknowledged, The Ports of Auckland Dispute. and provided for. The government is http://www.auckanglican.org.nz/?sid=945 refusing to discuss the matter, assert- [accessed 12 August 2012] ing that no one owns the water. The Bay of Plenty News. 2012. Elvis Teddy Waitangi Tribunal has previously Case Thrown Out: “Govt Abused UXOHGWKDW0ëRULRZQZDWHU :DLWDQJL Authority.” 26 July. http://www.theboplive Tribunal 1984), and if the govern- .net/2012/07/elvis-teddy-case-thrown-out ment ignores the tribunal this time, as -govt-abused.html [accessed 12 August it has done repeatedly in recent years, 2012] this matter is likely to end up before Electoral Commission. 2011. 2011 Gen- the High Court. eral Election Results. http://www.elections In the meantime the tribunal has .org.nz/elections/resultsdata/2011-general set a precedent by agreeing to hold -election-official-results.html [accessed hearings for orders to force the gov- 13 August 2012] ernment to return land and to pay Fisher, David. 2012. Act Backer: We All compensation to claimants. For many Dislike Maori. New Zealand Herald, years the tribunal refused to hold 19 May. http://www.nzherald.co.nz/ such hearings because of threats from nz/news/article.cfm?c_id=1&objectid successive governments to remove =10806938 [accessed 12 August 2012] their legal powers if they ever did so Hamer, Paul. 2004. A Quarter Century of political reviews ‡ polynesia 171 the Waitangi Tribunal. In The Waitangi http://www.parliament.nz/en-NZ/ Tribunal: Te Roopu Whakamana i te Tiriti ParlSupport/ResearchPapers/5/0/9/ o Waitangi, edited by Janeen Haywood 00PLLawrp2012021-Final-Results-for-the and Nicola R Wheen, 3–14. Wellington: -2011-New-Zealand-General-Election.htm Bridget Williams Books. [accessed 13 August 2012] +DUDZLUD+ýQH2012. Hone Harawira: New Zealand Press Council. 2012. Case Paul Homes, Maori Have Plenty to Pro- number 2254 Cameron Junge against test. New Zealand Herald, 15 February. New Zealand Herald. May. http://www http://www.nzherald.co.nz/nz/news/article .presscouncil.org.nz/display_ruling.php .cfm?c_id=1&objectid=10785544 ?case_number=2254 [accessed 12 August [accessed 12 August 2012] 2012] Hill, Marika. 2011. Curb White Immi- ots, Office of Treaty Settlements. 2012. grants—Academic. Sunday Star Times, 9 Month Report, 1 July 2011–31 March 4 September. http://www.stuff.co.nz/ 2012. Wellington: OTS. http://nz01. auckland/local-news/5561230/Curb terabyte.co.nz/ots/DocumentLibrary/ -white-immigrants-academic [accessed OTSQ3QuarterlyreporttoMarch2012.pdf 13 August 2012] [accessed 12 August 2012]. Holmes, Paul. 2012. Waitangi Day a ots website http://www.ots.govt.nz/ Complete Waste. Weekend Herald, 11 Feb- [accessed 12 August 2012] ruary. http://www.nzherald.co.nz/nz/news/ Radio New Zealand. 2012. Paper Regrets article.cfm?c_id=1&objectid=10784735 Error over Reporting of Holocaust [accessed 12 August 2012] Comments. Radio New Zealand News, McIntosh, Tracey, and Malcolm Mulhol- 8 February. http://www.radionz.co.nz/ land, editors. 2012. 0ëRULDQG6RFLDO news/te-manu-korihi/97794/paper-regrets Issues. Wellington: Huia. -error-over-reporting-of-holocaust -comments [accessed 1 October 2012] Mikaere, Ani. 2011. Colonising Myths, 0ëRUL5HDOLWLHV+H5XNXUXNX:KDNDDUR SST, Sunday Star Times. Weekly. Wellington: Huia. Wellington. Mutu, Margaret. 2012a. Academic Supreme Court of New Zealand. 2011. Bashing in the Media: A First-hand Haronga v Waitangi Tribunal, the Attor- Account. In The Conversation, 6 February. ney General and Te Whakarau (SC54/2010) http://theconversation.edu.au/academic [2011] nzsc 53: Judgment 19 May 2011. -bashing-in-the-media-a-first-hand-account http://www.manu-ao.ac.nz/massey/fms/ -4841 [accessed 13 August 2012] manu-ao/documents/Tribunal%20Report. pdf [accessed 13 August 2012] ———. 2012b. Polynesia in Review: Issues and Events, 1 July 2010 to 30 June 2011: Taonui, Rawiri. 2011. Rawiri Taonui on 0ëRUL,VVXHVThe Contemporary Pacific the Rugby World Cup: Brown and Out 24:184–190. with Unfair irb. New Zealand Herald, October 19. http://www.nzherald.co.nz/ National Iwi Chairs’ Forum. 2012. opinion/news/article.cfm?c_id=466 Report of meeting 24 May. &objectid=10760019 [accessed 12 August NZH, New Zealand Herald. Daily. 2012]. Auckland. Waatea News. 2011. Kaitiaki First New Zealand Parliament. 2011. Final Affected Last Consulted. Radio Waatea, Results for the 2011 New Zealand 12 October. http://www.waatea603am.co General Election and Referendum. .nz/News/2011/October/Kaitiaki-first 172 the contemporary pacific ‡ 25:1 (2013)

-affected-and-last-consulted [accessed met at the auditorium of the public 12 August 2012] school Lorenzo Baeza in Rapa Nui for Waitangi Tribunal. 1984. The Report of two days to discuss indigenous human the Waitangi Tribunal on the Kaituna rights issues and social problems River Claim (Wai 4). confronting the Rapa Nui people. The ———. 1996. The Taranaki Report: majority of the Rapa Nui community Kaupapa Tuatahi (Wai 143). was in attendance. The meetings, officially entitled “Indigenous Peoples’ ———. 2012. Memorandum-Directions of Human Rights: Implications for the the Presiding Officer, 24 April (Wai 2364). Rapa Nui People,” were sponsored Webb, Robert. 2012. Incarceration. In locally, independently of the Chilean 0ëRULDQG6RFLDO,VVXHV edited by Tracey state–organized municipality and gov- McIntosh and Malcolm Mulholland, ernor’s office, by leaders of Rapa Nui 249–262. Wellington: Huia. hua‘ai (clans/extended families), Parla- mento Rapa Nui, Consejero Nacional Indígena Pueblo Rapa Nui (conadi), and Makenu Re‘o Rapa Nui Women’s Rapa Nui Organization. At the request of the “¡Fuera la Schiess! ¡Fuera! ¡Fuera local sponsors, two nongovernmental Platovsky! ¡Fuera! ¡Fuera Chilenos! organizations helped facilitate and ¡Fuera! ¿Cuándo Immigracion? develop the proceedings: Observato- ¡Ahora! ¡Horo te henua! ¡Horo te rio Ciudadano (which is concerned henua! ¡Horo te vaikava! ¡Horo te with Chile’s indigenous peoples) vaikava!” (Get out Schiess [fam- and the Indian Law Resource Center ily]! Get out! Get out Platovsky! of Washington dc (which provides Get out! Get out Chileans! Get out! legal representation for indigenous When immigration [laws]? Now! groups throughout the Americas). Jose Demand the island! Demand the Alywin, Consuelo Labra, and Nancy island! Demand the ocean! Demand Yañez were the leading representa- the ocean!) These exclamations, first tives of Observatorio Ciudadano. yelled by leaders and then collec- The Indian Law Resource Center was tively yelled by more than a hundred represented by its founder and execu- Rapa Nui people in cars and on foot, tive director, attorney Robert “Tim” were repeated, with some variation, Coulter, and by Leonardo Crippa, the over and over for more than an hour center’s attorney who filed precaution- during a march along the main streets ary measures at the Inter-American of Hanga Roa town on 23 July 2011. Commission on Human Rights amid They are symbolic of many of the the 2010–2011 occupations and sociocultural and political concerns political demonstrations of Rapa Nui articulated in Rapa Nui during the against Chile. In addition to myself, year under review. there were three official international On the first and second days of observers of the proceedings: Clem August 2011, international and Chartier, president of the National national organizations concerned with Council of Mètis Aboriginal Peoples indigenous peoples and local groups of Canada; Alberto Chirif, a Peruvian