Categories: Health

The Treaty Principles Bill’s promise of ‘equal rights’ ignores the blind spots of our democracy

Democracy: A Concept Evolving Over Time

Despite being used in both the Principles of the Treaty of Waitangi Bill and the Regulatory Standards Bill, the term “democracy” is neither defined nor explained in either.

Defining Democracy

This rhetorical and ideological vagueness obscures a pivotal point: there is no such thing as a singular form of democracy.

The ACT Party is behind both bills, and its leader David Seymour has also justified the Treaty Principles Bill – now before select committee – as upholding and protecting democracy. He asks, “are we a modern democracy where all citizens have equal rights?”.

But democracy takes various forms, and has done for millennia. Derived from the Ancient Greek “demos” (people) and “kratos” (power or rule), the word broadly means “rule by, or power of, the people”. And this can be realised in a number of ways.

Forms of Democracy

The classical Greek form was direct democracy, also known as deliberative or participatory democracy. This involved male citizens participating equally and directly in political decisions.

In contrast, the ancient Roman form was indirect, representative democracy. Representatives elected by eligible citizens made decisions on their behalf. This was the basic model enacted in the 1852 New Zealand Constitution Act, as in most modern democracies.

Other models exist, too. But the point is that democracy is an evolving concept. It’s wrong to assert that any type of governance or decision-making other than our existing system of representative democracy (one person, one vote, underpinned by the rule of law) is undemocratic or anti-democratic.

Tyranny of the Majority

Many of the political mechanisms the current government wishes to dismantle – such as Māori Wards and consultation processes – were established because of the problems associated with representative democracy.

It is widely accepted that political representation should reflect the different characteristics of a community. But what has been called the “tyranny of the majority” can lead to minorities being constantly outvoted.

Unable to gain representation in proportion to their population, their interests are excluded. In short, it is entirely possible for democracy to be applied in ways that promote inequality rather than equality.

Balancing Difference and Equity

The common interpretation of equality as meaning “sameness” – everybody receiving the same resources and opportunities – underlies the insistence that laws and policies must be applied regardless of individual and group difference. Anything else is unfair or “special” treatment.

However, these assertions overlook the bias of our institutions towards members of the dominant or majority culture, and the unequal outcomes (in health and elsewhere) for Māori people that have resulted in marginalisation and disadvantage.

Correcting that imbalance is a political challenge. As others have argued, “protecting minority rights is an equal characteristic of genuine democracy”.

Conclusion

Democracy is not a fixed concept, but an evolving one. It can take many forms, and its application can be influenced by the context in which it is implemented. It is essential to acknowledge and address the biases and inequalities that exist in our systems, rather than perpetuating them.

FAQs

Q: What is democracy?

A: Democracy is a system of government where power is held by the people, either directly or through elected representatives.

Q: Is there only one form of democracy?

A: No, there are many forms of democracy, and it can take different shapes and forms depending on the context.

Q: Can democracy be applied in ways that promote inequality?

A: Yes, democracy can be applied in ways that promote inequality, particularly if it is not designed to reflect the different characteristics of a community.

Q: What is tino rangatiratanga?

A: Tino rangatiratanga is the concept of Māori self-determination, or independence, which is the source of much contemporary debate.

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