Monday, April 13, 2020

Taking the Law into Tribal Hands

A couple of years ago, I spent a month on a self-driving tour of Mexico. That country has a well-deserved reputation of being one of the most lawless nations on Earth. Mexico's murder rate, at around 25 per 100,000 of population per annum, is five times that of the United States and about thirty-five times that of New Zealand. There are entire regions of the country to which the warrant of the law does not extend or where the police are so corrupt they cannot be relied upon to enforce the law. When we were there, the Mexican president imposed federal police control over the state of Veracruz, sacking the entire state police force because it could not be trusted to uphold the rule of law, and since then the same has been done in Acapulco.

One of characteristics of a lawless Mexico is the prevalence of irregular enforcement of order (however those enforcing the "order" choose to define it). We got used to being stopped at unlawful roadblocks, often multiple times on a journey and on several occasions blockading entire cities. Many of these roadblocks were set up for the simple purpose of extorting money from hapless road users (particularly tourists like us - I think that rental cars in Mexico have special licence plates just to facilitate this). Others were established as protest actions in support of labour disputes or native land grievances. In most cases we weren't in any physical danger so long as we complied with their demands, but in one remote area of the country we were advised by Mexican Army patrols (the only legitimate authority in the area) not to stop for roadblocks under any circumstances if we could possibly avoid it. We were literally in fear for our lives.

I was reminded of my experiences in Mexico when I read about the "checkpoints" established by Maori tribal groups supposedly to stop the spread of Covid-19 to their areas. What makes these illegal roadblocks much worse is that they appear to have the support of local police and the New Zealand Government has refused to condemn them, which makes our country potentially as corrupt and as dangerous as Mexico. Of course, if I was to set up a roadblock at the end of my street, the police would be around to remove it and to arrest me as soon as you could say "rule of law".

We have seen the encroachment of special rights for Maori into New Zealand law for several decades, ever since Justice Cooke handed down his ruling in a 1987 Court of Appeal case relating to the sale of state-owned enterprises, which said that the Crown was obligated to act as if it were in a "partnership" with Maori tribes. This, of course, implied that Maori tribal authorities were equivalent to the Crown, with all the sovereign rights of an independent government. The problems with this are manifold, not the least being who defines what is a Maori tribal authority and whom do they represent? It is certainly not a recipe for universal, democratic, liberal government.

I have written before about how I believe legitimate political sovereignty derives solely from individual sovereignty, and therefore why I support the aspiration of any group of people for self-determination. If a distinct group in New Zealand, whether they are Maori or not, wish to establish a form of self-government, then that is their right. I also believe we all have an interest in ensuring all human beings enjoy the basic individual rights (of which the American Declaration of Independence remains the best definition with "life, liberty and the pursuit of happiness"), and as long as these rights are respected within the self-governing territory, then there is no reason for any external party to interfere with that self-government. What is intolerable is having two standards of law, or greater or lesser rights, based on ethnicity within the same jurisdiction. That is racism, pure and simple.

I will not submit to an illegal, racist, tribal authority that is trying to stop me going about my lawful business in this country. If I am confronted by an unlawful roadblock, I will act precisely as I was advised to do in that similarly lawless area of Mexico and I advise all law-abiding New Zealanders to do the same - keep your foot flat to the floor and keep going, no matter what.

[Hat-tips to Michael Coote at NZCPR and Bob Edlin at Point of Order.]

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