One of the
realities of living under tikanga
is that for every violation of mana
there needs to be a relevant Rangatira
response to redress the resultant imbalances in te
tapu i te tangata me te mauri o te whanau, hapu, iwi.
Some recent
cases highlight how tikanga administered by Rangatiratanga
can play out in redressing those imbalances, either on its own or in tandem
with statutes administered by Kawanatanga.
In the first
case, last month an iwi leader facing charges for alleged sexual abuse of a
young girl under the age of 12 was publicly named.
He has
pleaded not guilty, and under both Kawanatanga statutes and Rangatiratanga tikanga,
is entitled to be deemed innocent until proven guilty. But, apart from that important commonality,
the two systems are very different.
For example,
unlike western justice,
tikanga is not blind. So once the
accusation was made known, the status of both the alleged abuser and victim changed,
and no-one could carry on as if nothing had happened.
Also, because
it is a higher law
than statute, tikanga must protect the alleged victim from further potential
abuse, and her peers from even the possibility of abuse. So, for his own sake and that of all
tamariki, rahui must be put in
place that ensures the iwi leader is not left alone with or in charge of
children, especially those under the age of 12.
Placing and
enforcing rahui is mahi
mo nga Rangatira at all relevant levels; whanau, hapu and iwi. How he responds to it will define the iwi
leader’s place on the Rangatiratanga response scale now and in the future.
In a second
case, the
father of a murder victim stood in the Kawanatanga Court, forgave his
son’s murderers, and sought mercy for the men who had so terribly violated te
tapu i te tangata me te mauri o tana whanau.
I cannot imagine the depth and breadth of the journey undertaken by this
father to reach that point. But in the
context of Rangatiratanga, his response registers at the highest levels.
In a final example, this Wednesday Chris Finlayson will compound
the Crown’s historical thefts
of Ngati Kahu whenua with the introduction into the Kawanatanga parliament of
the Te
Hiku Claims Settlement Bill which punishes Ngati Kahu for not
letting him dictate what their settlement must be.
Ngati Kahu’s response is already underway on the political
and legal fronts and is being backed up by he mahi Rangatira.
To return to the first case, the responses to it have mainly
ranged from discomfort and embarrassment, to anger and grief; and yet shock and
disbelief – not so much. Where do any of
these register on the Rangatiratanga scale? Under tikanga, unless they are backed up by he mahi
Rangatira, they all register a big fat 0.
Because the key to a Rangatira response is always going to be he mahi
Rangatira i runga i te tikanga.
No comments:
Post a Comment