Democracy, Power and Indigeneity



Democracy, Power and Indigeneity

Dr Dominic O’Sullivan
Charles Sturt University

Abstract

This paper identifies a theoretical nexus between indigeneity and democracy in four post-colonial contexts. Like democracy, the politics of indigeneity asks questions and makes assumptions about where power ought to lie and how it ought to be shared.
The paper argues that indigeneity’s interaction with democracy highlights liberal theory’s limitations, as well as its opportunities, for meeting indigenous claims and conceptions of justice. Exploring the ideological tensions and commonalities between democracy and indigeneity allows the paper to contrast, in comparative context, the proposition that in Fiji, for example, democracy is ‘a foreign flower’ unsuited to the local environment, with the argument that democracy can, in fact, mediate power in favour of an inclusive national polity.


Introduction
Sitiveni Rabuka, who led the military removal of two democratically elected Fijian governments in 1987, viewed democracy as a ‘foreign flower unsuited to Fijian soil’.[1] He insisted that the concept undermined the inherent right to paramountcy that first occupancy accorded native Fijians. The argument was apparently so strong that it justified the violent removal of two governments, setting aside the Constitution, and the transfer of sovereignty from the people to the military, which obtained power once again and by similar means in 2007. In the intervening period a putsch, whose instigators proclaimed themselves the legitimate indigenous rulers of Fiji, had also set democracy aside and created a political impasse illegally resolved by military decision makers.[2] Democracy was positioned as a negative colonial legacy. But neither the military nor the putsch leader, George Speight, could advance a coherent alternative notion of power or admit a relationship between stable government, and indigenous self-determination. The effect was that indigeneity’s principal purpose of making the state responsive to indigenous aspirations became unattainable.
Rabuka’s logic suggests that if democracy was a ‘foreign flower’ because it interfered with inherent indigenous political rights it would also be unsuited to other post-colonial societies. Yet for indigenous peoples democracy remains deeply contested and from an alternative perspective, where indigenous peoples also constitute the majority population, democracy guarantees the necessary space for indigenous political authority to resurface. The two perspectives share the view that extant indigenous political rights properly influence governments and that internal decolonisation requires re-balancing political authority. But they differ in their preparedness to juxtapose indigenety with prevailing international ideas about state governance. Democracy’s limits and opportunities are shaped by competing attempts to define and direct it towards different priorities and interests. This contestation of power is the principal common characteristic of indigenous politics across jurisdictions.
A principled democratic order shaped and influenced by indigeneity may not, in fact, be a noxious foreign flower but a medium for returning the balance of power to the native Fijian people and for guaranteeing the participation of other indigenous peoples in their national polities. Alternatively, if democracy is indeed an unsuited flower the central liberal problem remains: how should societies govern themselves in order to create peaceful relationships among people with different perceptions of the common good?
The paper’s majority/minority contextual comparison shows that negative power relationships in Australasia are not simply a function of minority status in a majoritarian democracy. Democracy is intended to emancipate and include all citizens. When this does not occur it is usually because prejudice prevails in the national political order rather than because of any systemic barrier to participation in democratic theory per se.
Democracy and the Politics of Inclusion
Held argues that a ‘‘fair framework’ for the regulation of a community is one that is freely chosen’ and that
members of a political community – citizens – should be able to choose freely the conditions of their own association, and that their choices should constitute the ultimate legitimation of the form and direction of their polity.[3]  

So there is a democratic parallel with indigeneity’s concern for personal and collective freedom and an obvious theoretical convergence between these two concepts of power and authority. All encompassing democratic practices limit the power of elites to exclude. Exclusion is not the point of democracy. But at the same time the concept can be more narrowly interpreted to restrict the terms of public engagement in decision-making, even to the point that for minority indigenous groups assimilation into a culturally homogenous polity is positioned as an essential and necessary precondition for full democratic participation. The former Australian Prime Minister, John Howard (1996-2007), developed a powerful assimilationist narrative to counter growing demands for indigenous self-determination: ‘Son you’re Australian; that’s enough for anyone to be’[4] became a simple theme of his Prime Ministership.  He was untroubled by the intellectual conflict between socially conservative emphases on homogeneity and the liberal emphases on freedom. Reconciliation and assimilation became the opposite sides of a nationally polarizing debate which contrasted limiting with expansive democratic interpretations.
Underlying the assimilationist narrative was a normative racism as ‘cultural artefact’,[5] meaning that it stands to reason that prejudice influences the ends to which democracy is ordered. But even so it is not true that the modern state is necessarily ‘a compulsory association which organises domination’.[6] Democracy, in fact, constrains the capacity of post-colonial states to dominate, and while the state does monopolise coercive power,[7] coercion is not always and necessarily negative for indigenous peoples. For example, guaranteed Maori representation in the New Zealand Parliament and the enactment of settlements to grievances under the Treaty of Waitangi when simple majority vote is likely to have prevented either in spite of their foundation in justice and contribution to social stability and cohesion. In recent Australian history it has been the coercive power of the judicial system that has imposed incremental developments in indigenous legal rights on unsympathetic governments. In both cases coercion is justified to pursue fundamentally just objectives over simple populism. There is consequently pragmatic truth in the general observation that: ‘While the state is the burden individuals have to bear to secure their own ends, it is also the basis on which it is possible to safeguard their claims to equal rights and liberties’.[8] The limiting factor is that democracy only safeguards the right to make these claims; it does not guarantee a political order that will ensure indigenous perceptions of equality and liberty, which are themselves contested.
Liberal political theory developed to respond to religious diversity. It follows that it ought to be able to consider the political and constitutional implications of ethnic diversity. Its purpose is to mediate rather than to mask difference and to resolve not dismiss conflicting ideas.
Men have different views on the empirical end of happiness, and what it consists of, so that as far as happiness is concerned, their will cannot be brought under any common principle, nor thus under an external law harmonizing with the freedom of everyone.[9]

Recognising difference does not counter liberalism’s sacrosanct protection of individual rights. Individual identity must come from somewhere. It is heavily shaped by culture and derives meaning from communal relationships. Differences in political identities contribute to the differences in ideas that democracy is intended to mediate. The ideas that compete for popular ascendency are not confined to abstract philosophical positions; they include the simple proposition that indigenous perspectives ought to be seen and heard in the wider body politic.
The unity of society and the allegiance of its citizens to their common institutions rest not on their espousing one rational conception of the good, but on an agreement as to what is just for free and equal moral persons with different and opposing conceptions of the good.[10]

Indigeneity’s concern with collective rights means that it is also inevitably interested in correcting the effects of colonisation as a serious violation of individual liberty. Indigeneity gives theoretical expression to the recognition of differences based on first occupancy. Its interpretation of political rights evolves in response to its theoretical and political interactions with other discourses; its potency is a function of its engagement with liberal democracy as the prevailing internationally accepted framework of state governance. Together they create opportunities for indigenous peoples to articulate their own conceptions of justice, and democracy is crafted towards its inclusive potential. Indigeneity is concerned with differentiation from the wider polity, but this does not inevitably or necessarily require political separation. Instead
one of the interesting consequences of the encounter between liberalism and its colonial past and present might be a more context-sensitive and multilayered approach to questions of justice, identity, democracy and sovereignty. The result would be a political theory open to new modes of cultural and political belonging.[11]

Such a theory can accord with indigenous aspirations because there need not be any inconsistency between collective group rights and the sovereignty of the total polity. Kymlicka’s argument that the paradigm shift from democracy ‘suppressing to accomodating’ minority ethnic groups in the United States of America has ‘actually played a vital role in consolidating and deepening democracy’[12] can be translated into indigenous contexts to add to the rationales for guaranteed indigenous parliamentary representation in Australia, New Zealand and Fiji, for example. In these contexts emphasis on individual rights in isolation from the collective offers no real prospect for securing comprehensive individual freedom or the certainty of equal individual influence over the polity. 
Held outlines four democratic criteria which would, if applied consistently and universally, make states more responsive to indigenous aspirations. Democracy should provide for:
Protection from the arbitrary use of political authority and coercive power…

The involvement of citizens in the determination of the conditions of their association through the provision of their consent in the maintenance and legitimation of regulative institutions…

The creation of the best circumstances for citizens to develop their nature and express their diverse qualities…

The expansion of economic opportunity to maximize the availability of resources…[13]

These criteria arise because ‘the capability of persons to determine and justify their own actions, with their ability to determine among alternative political programmes is the ‘core of the modern liberal democratic project’.[14] Or as Benhabib proposes: ‘the institutions and culture of liberal democracies are sufficiently complex, supple, and decentred so as to allow the expression of difference without fracturing the identity of the body politic or subverting existing forms of political sovereignty’.[15]
Democracy and Self-determination
There is a theoretical link between democracy and self-determination which the state President, Thabo Mbeki, explained on the tenth anniversary of South African democracy: ‘South Africa’s next decade will unfold from a script written by and for South Africans, within a country eager to embrace the continent and the wider world beyond’.[16] Although the following decade showed most graphically that the relationship is not a causal one Mbeki’s aspiration provides two important points of contrast with Fiji. Firstly, in spite of the rhetoric and the indigenous Fijian majority, Fijian futures are not unfolding from a script written by and for themselves. Secondly, Fiji’s inward looking indigenous politics means it cannot embrace the wider world which is preliminary to the greater self-determination available where indigenous peoples admit that the aspirations of others may also have a just foundation as well as pragmatic economic utility.
Self-determination cannot be reduced to the simplistic wish to overthrow governments on the assumption that control of the machinery of government necessarily equates to universal indigenous authority. The Mandela Government (1994-1999) in South Africa, for example, well understood that internal decolonisation is not simply a matter of domestic politics. Economic development is preliminary to indigenous self-determination and political authority which makes non-indigenous and international capital essential contributors to indigenous aspirations.
In New Zealand, Maori persuasive authority and capacity to establish terms of engagement on the basis of non-colonial relationships is strengthened by relatively pragmatic and inclusive approaches to political relationships. For Fiji, however, there is a desperate imperative to reconcile indigenous nationalism with harmonious co-habitation. There is a similar need for stable inter-ethnic relationships, as preliminary to self-determination in all post-colonial societies. Problematically, in South Africa
When the biggest opposition party (the Democratic Alliance) rails against transformation as a matter of course and aggressively attacks every policy of a black government, whatever the merits, South Africa’s politics is in danger of becoming polarised into ‘white’ verses ‘black’. That is the road to certain disaster, since so far the abiding character of the democracy has been its apparent ability to rise above race’.[17]

Economic security is unattainable in ethnic isolation. Native and Indo-Fijians, black and white Australians and South Africans, and Maori and Pakeha inter-relate to varying degrees, but in no case are they completely separate, with no need for cross-cultural interaction within the nation-state, any more than the nation-state can exist in isolation from the international community. Even without recourse to moral considerations there remains a pragmatic connection between a political order which accommodates Indo-Fijian interests as preliminary to enhancing opportunities for indigenous self-determination. Yet as Lawson argues Laisenia Qarase, whose government was deposed in 2006, adopted a national reconciliation policy which was not conciliatory at all. It required ‘Indo-Fijians reconciling themselves to a form of Fijian paramountcy that works to subordinate their own interests across a range of goods from access to agricultural land to education, employment opportunities and business licences.’[18]
Democracy, Nationalism and Sovereignty
Indian immigrants came to Fiji as indentured labourers because they were desperately poor; they are as much victims of colonialism as the native Fijians and democracy does not permit their political exclusion. But on the other hand, how can one justify recourse to democratic ideas, when democracy is not an indigenous Fijian concept, and when Fijians had little say in the mass migration of Indians which dramatically re-shaped the local political order? Even the British Cabinet had accepted, at the time of independence, that Fijian dominance was just provided that there were ‘adequate safeguards for all other communities’.[19]
Outwardly, at least, there is a conflict between Fijian indigeneity’s paramountcy and liberalism’s individual paramountcy. Alternatively, as Horscroft put it ‘paramountcy and equality can form a foundation for an inclusive national policy that respects all its citizens and is attuned to the protection of Indigenous culture and socio-economic well being’.[20] Paramountcy, if it is concerned with protecting indigenous land, resources, cultures and languages and the guaranteed participation of indigenous peoples in the political community, even to the extent of ensuring an indigenous majority in the House of Representatives, can be reconciled with non-indigenous claims to political inclusion. There is, however, an obtuse logic in the assumption that the rights of others must be subjugated for paramountcy to prevail as Speight argued in 2000 when he suggested that Indo-Fijian rights ought to be protected but that did not require or justify their participation in national governance.[21]
The corollary to the argument that Fijian independence ought not justify or require the domination of others is that native Fijians need not accept subjugation to allow Indo-Fijians to protect their own freedom. Indigeneity need not claim privilege by taking rights from others, even though it does claim different rights on the basis of first occupancy. The parallel in South African political history is the division within the African National Congress (ANC) over whether whites would be allowed to remain in South Africa once black rule was restored. The debate was resolved with non-racialism becoming the principle of the new democratic South Africa. As the Youth League had argued:
We take account of the concrete situation in South Africa, we realise that the different racial groups had come to stay. But we insist that a condition for interracial peace and progress is the abandonment of white domination, and such a change in the basic structure of South African society that those relations which breed exploitation and human misery will disappear. Therefore our goal is the winning of national freedom for the African people and the inauguration of a people’s free society where racial oppresssion and persecution will be outlawed.[22]  

Since independence from Britain in 1970, national constitutions have strictly protected indigenous Fijian rights, meaning that ethnic difference is not the sole cause of political unrest. The coups were motivated by class politics and it was only afterwards that alliances of convenience were created with indigeneity to seek popular legitimacy. Ethnic nationalism has been used to legitimise opportunism which has destroyed ordered participatory government.[23] Bainimarama’s resolve to ‘clean up’ a ‘corrupt’ indigenous led government in 2006 precipitated that year’s coup. Corruption was not, however, new. Bainimarama simply reflected the prophetic as well as reflective nature of the Fiji Times’ comment in 2001 that: ‘Years of Fijian leadership [have] shafted indigenous people... their own people [have] been robbing them blind’.[24] In addition the repeated failure of Parliamentary government and the political marginalisation of the Great Council of Chiefs removed any popular, institutional or cultural check on state power.
Fijian political dominance seemed never to translate into real authority, influence and well-being. Qarase’s was certainly a nationalist government pursuing policies of ‘Fijian advancement’. But its affirmative action policies, for instance, were ‘characterised more by play-offs among indigenous elites than a concern to raise standards for ordinary Fijians’.[25] Indigenous Fijians dominated national politics and there was always recourse to the political system to protect and promote native interests. What was missing was a fuller understanding of democracy and its implications for cultural strength and economic power in a nation where land is substantially Fijian owned.[26] As the Fiji Post has suggested
we are the most privileged and most protected indigenous community in the world. We have had 30 years of indigenous Prime-Ministership for Fijians; we have had all the permanent secretaries... but what have we done? We have 84% of the land. But I would say that Fijians are the poorest community not because of the other communities but because they have not been led by the people who care about Fijian people.[27]

The 1987 Constitution’s requirement that a native person hold the office of Prime Minister was based on too narrow a view of the relationship between that office and fuller political authority. As the Fiji Post noted, the country had had a non-indigenous Prime Minister for only one of the last thirty years. Timoci Bavadra, whose government was the first to be forcibly removed in 1987, was an ethnic Fijian while the limited policy success for indigenous people of the Rabuka (1992-1999) and Qarase (2000-2001 and 2001-2006) governments powerfully illustrates the absence of any causal link between an indigenous Prime Minister and indigenous self-determination.
Parliamentary democracy disperses authority among the executive, parliament and judiciary, and no Prime Minister has authority to the point of being unconditionally free and powerful. Prime Ministerial authority is also hindered by a multitude of constraints on national sovereignty so that when indigenous peoples, in whatever jurisdiction, speak of reclaiming sovereignty it is not the all-encompassing commanding construct that many imagine. It is not a final and absolute authority. Nor is it ‘natural or inevitable or immutable’.[28]
Sovereignty ‘was originally an instrument of escape from rule by outsiders,’[29] yet for many indigenous peoples it has become simultaneously an instrument of entrapment as it shifted from  indigenous societies to colonial and post-colonial states. It is emancipatory only in so far as it is located with the people as an all encompassing construct, rather than vested in some individual or institution from which indigenous peoples are excluded. If sovereignty belongs to the people it must, in the interests of cohesion, order and justice, belong to all the people. Exclusion from full and equal membership of the polity, either by virtue of race or alienation from the centre of military power also undermines capacity for independent indigenous political authority.
If sovereignty is ‘popular’ then the populace must be defined either as an homogenous whole where minority voices are rightly subsumed, or as a body comprising many parts requiring some political solution to the question of how these disparate parts ought to share power and authority. The theoretical engagement of democracy with indigeneity offers one way of thinking about this question. It suggests that some rearrangement of sovereignty is implicit in the creation of more inclusive democratic orders while balancing the rights and expectations of indigenous peoples vis-a-vis all others. Democracy requires checks on unbridled majoritarian rule meaning that there must be constraints on popular sovereignty so that one group’s liberty is never at the expense of another’s.
Democracy is usually concerned with how territorial sovereignty is exercised. But for indigenous peoples a wider conception of sovereignty is advantageous; one which includes authority over resources, language and culture and the institutions which might safeguard these. ‘In the absence of any alternative, Fijian people may discover the “foreign flower” of democracy as a political savior’.[30] Even for Fijian nationalists, democracy is only selectively and hypocritically a ‘foreign flower’. Laisenia Qarase, for example, has argued that democracy is unsuited to Fiji,[31] yet in 2006 happily drew on the concept to resist the military coup against his government. Mahendra Choudry, the country’s only Indo-Fijian Prime Minister whose government was overthrown in 2000 sought recourse to democracy in defence of his office, yet accepted a position in the military government after the 2006 coup.
Sovereignty cannot be divided but if the polity is understood as plural then it can be shared. Indeed, indigeneity challenges democracy to mediate contested sovereignties. Guaranteed Maori representation in the New Zealand Parliament is illustrative, while South Africa and even Fiji have at least attempted to share sovereignty. In Australia sovereignty is shared among the tiers of government but, as yet, not in any substantive way with the indigenous populations. Two simple ways in which Australia might intertwine indigeneity with democracy’s broad potential is through guaranteeing indigenous representation at every level of government, or through the recognition the Commonwealth chooses to accord a national indigenous representative body. While both options could purposefully enhance indigenous self-determination the former is likely to make the greater substantive difference.
There is presently no electoral incentive for mainstream political parties to court indigenous votes. There are simply not enough of them to make an appreciable difference in most electoral districts. This means that indigenous Australians have recourse only to moral persuasion not electoral strength in pressuring political parties to treat seriously their concerns. Political parties are not immune to moral argument but they are more certainly attentive to electoral pragmatism, courting the votes of those who count in electoral terms over those who do not. Indigenous peoples require a guaranteed voice and vote in Parliament to enjoy the full rights of citizenship. It is a reasonable and fair expectation that they might sit in the executive and participate in national affairs at the highest level, remembering especially that policy failure which is the ‘most significant feature of the relationship’ between governments and indigenous Australians’[32] is always a likely outcome of indigenous political exclusion. Guaranteed representation overcomes the otherwise inevitable distance between the executive and the indigenous peoples for whom policy is made. Democracy gives indigenous peoples the reasonable expectation that they will engage in government as participants not merely as interest groups. Although interest group status does remain simultaneously important because these groups facilitate the robust yet ordered contestation of ideas that are the inevitable outcome of different human identities, which is important ‘because no democracy ever reaches the point at which justice is simply done, democracies need to recognize and foster enclaves of resistance.’[33]
Indigeneity is a legitmate basis for belonging to the modern democracy and the notion of guaranteed indigenous parliamentary representation confronts limiting conceptions of liberalism which re-craft the culturally located indigenous person as an individual citizen of an homogenous polity. It keeps democracy from distortion, misrepresentation and positioning to exclude.
Denying collective identities requires that ‘some existing rights have been constructed on the very exclusion or subordination of others.’[34] When difference is overlooked one has failed to consider that ‘difference is just another word for what used to be called pluralism’[35] and it is only undemocratic insecurities that lead to objections to plurality.
Populist anti-indigenous sentiment in Australasia arises in the absence of any clearly thought out position on the legitimacy of the majority imposing its will on the minority. A medieval understanding of a majority being ‘more likely to be substantively right than a majority’[36] prevails in resistance to indigenous claims. This is, however, a simplistic and divisive approach to power which is better shared according to the common good and deeper principles of justice. There are grounds in justice for protection against unbridled majoritarian rule because democracies can in fact ‘produce outcomes... that are substantively unjust.’[37]
On-going popular support for the abolition of the Maori seats in New Zealand’s House of Representatives is illustrative of democracy’s capacity to entrench and even provide popular electoral demand for power to be used to exclude. Guaranteed indigenous parliamentary representation does not, however, impinge on the rights of others. Instead, it secures the right of any group to participate in making decisions that affect their own livelihoods and for minority indigenous groups provides a political check on assimilationist pressures.
Everybody ought to be included in the political life of the state. No one group should always and necessarily find itself on the losing side. Democracy is intended to be emancipatory and if it is to offer protection against the misuse of political power it must make group interests an important concern of the political system itself. Democracy should also protect and foster active political participation although this is unlikely if there is systemic favour towards assumptions of political and cultural homogeneity. So there is an argument for allowing equal rights to be expressed in cognizance of indigenous peoples’ unique and historically grounded circumstances, bearing in mind especially that recognising difference is preliminary to recognising freedom, which is not acultural. Across the world indigenous peoples do not wish to be part of a cultureless polity so often presented as political ideal. Free societies ought to be able to accommodate this wish, which secures social cohesion by giving indigenous peoples grounds for believing that their value systems have a place in the public realm.[38] Inclusive and participatory understandings of democracy can also contribute important foundations to self-determination and to indigenous peoples’ common aspiration to belong in their own terms to the nation state that has developed in the lands of their ancestors. For indigenous peoples group autonomy is often preliminary to the individual liberty underpinning liberal democratic thought. ‘If democracy means rule by the people’, the determination of public decision-making by equally free members of the political community, then the basis of its justification lies in the promotion and enhancement of autonomy, both for individuals as citizens and for the collectivity’.[39]
Removing the Maori seats in Parliament would not eliminate Maori political significance. There is a complex set of relationships giving stability and legitimacy to New Zealand’s political order and Maori are not so small in number or lacking in moral claim to be insignificant.[40] Although, on the other hand, indigenous Australians, are numerically too small to have great political impact, their just claim to government by representative government remains and recognising it would add to the moral legitimacy of the Australian state. Legitimacy is, after all, derived from the system’s acceptance by the people.
If democracy holds that power belongs inalienably to the people then in Fiji it is a more likely protector of indigenous interests than unaccountable military power. Fiji’s deposed governments certainly faced crises of legitimacy of their own and important weaknesses in democratic arrangements were exposed. But it remains that legitimacy requires power to be ‘acquired and exercised according to established rules.’[41] Military rule has never been subjected to any test of legitimacy meaning that it, too, is open to the charge of being a ‘foreign flower unsuited to Fijian soil’. Further, the separation of executive and judicial powers and civilian authority over the military is essential to legitimacy. The political order descends into crisis when these conditions are not met.
Fiji’s experiences provide evidence to support Beetham’s argument that it is generally erroneous to seek cultural explanations for the breakdown of democracy in developing countries. Instead ‘there are certain politico-economic conditions… in which the different requirements of legitimacy come into conflict with one another, because effective electoral choice can only be realized at the cost of an intensification of social and political division’.[42] Although the electoral system enshrined in the Constitution adopted in 1997 was seriously flawed, Horscroft describes it as established on ‘an inclusive polity based on fundamental individual equality and affirmative action principles to realise equality of opportunity’.[43] It was intended to reduce ethnic conflict but instead the electoral system allowed the Fiji Labour Party to obtain an absolute Parliamentary majority without winning a single Fijian seat. The Fiji Labor Party, formed in 1985, was the first officially non-racial political party, but as its support base remains disproportionately Indo-Fijian it has, in effect, only added to the entrenchment of race-based parties as the standard political arrangement.
The limits of democracy
Alley’s assessment of political tensions between paramountcy and democracy in Fiji in 2000 parallels the outbreak of ethnic violence in KwaZulu-Natal in 2008.
While Speight’s hostage-taking lacked the endorsement from indigenous Fijians that his backers claimed, the bored, aimless, unemployed, and poorly educated rallied in number to the clarion of ethnic demagoguery. This signified an erosion of the respect previously paid to indigenous national leaders now perceived as corrupt, incompetent, and unable to discharge customary responsibilities to ordinary Fijians in a market economy under the rule of law.[44]

The apartheid state’s legacy was also a very poor, uneducated and angry population making it difficult to acquire the ‘workable moral consensus’ needed to secure South Africa’s future. As in other post-colonial societies there needs to be some reconciliation of the aspirations of those previously excluded with the interests and indeed rights of those traditionally privileged. At the same time, although indigenous South Africans are a significant majority population there are institutional weaknesses in the country’s democracy which undermine the connection between that concept and self-determination.
When the ban on the liberation movements was lifted in 1990 the ANC began a transformation from political agitator to political party seeking government of a nation state morally and economically crippled by its history. The enormity of the transition shows in the ANCs failure to make significant progress in the critical areas of economic and social reform. It had no plan
for the practical implementation of anything except donning the mantle of power after centuries of colonialism and oppression. There was a strangely naive expectation that the abolition of apartheid in itself would put an end to black economic deprivation.[45]

Jacob Zuma’s election to the ANC presidency in 2008, in spite of his alleged wide-scale corruption, shows that there remains personal and tribal rather than policy bases to intra-party power relationships. Indeed, its intra-party democracy is weak and there is no serious alternative government. Substantive checks on power and ‘accountability, transparency and active engagement with the people’ do not, therefore, feature strongly in domestic political relationships.
Intra-party democracy subjects policy decisions to wider scrutiny which is preliminary to ‘the ability of ordinary... citizens to make decisions for their own good.’[46] As Gumede argues, if there had been greater internal debate, South Africa may not have lost 500,000 jobs in five years and if the ARV AIDS drug had been made available five years earlier thousands of lives might have been saved.[47] Policy failures of this magnitude inevitably undermine democracy itself.
The less the ANC can offer a convincing and effective strategy for improving the material situation of the black masses, the more many of the most wretched and impoverished members of the population are likely to look to alternative ethnic solutions, which, however retrograde, offer both psychological comfort and, often, immediate economic relief.[48]

It is, however, misleading to suggest that ‘those who suffered the worst deprivation under apartheid also ended up paying the highest price for democracy.’[49] Aparthied’s legacy remains among the most significant constraints on black economic and political advancement. Democracy does not explain why the people who suffered the most under apartheid remain the most disadvantaged. When the two are compared as if they are equally legitimate alternatives the potential of one and the evil of the other are diminished. Most importantly, however:
Should a new opposition emerge that is prepared to speak out for social justice, redistribution and a better lot for the poor, the... ANC could find itself in real trouble. There is neither an ideological nor a cultural guarantee that the nation will stand together, and South Africa’s salvation will lie in a broad nationalism that not only accommodates its diversity, but addresses the fears and needs of all its citizens.[50]

The absence of serious opposition negatively impacts upon South Africa’s democratic functioning. Although Mattison does suggest there may be some ‘unexpected democracy deepening consequences of one-party dominance’ which mitigate against the possibility of degeneration ‘into hegemonic one-party rule.’[51] The argument is that because alternative positions are not meaningfully expressed by opposition political parties; civil society steps in to fill the void and is itself strengthened in the process. The Mbeki Government’s (1999-2008) inept handling of the HIV/AIDS crisis is a case in point. The government was challenged by a successful civil partnership among churches, trade unions and the media which ‘held the government to the ideals and values entrenched in, and protected by, the Constitution.[52] As the example illustrates, there is much more to democracy than electoral systems and procedures for the formation of governments. Civil society’s capacity to influence from outside the legislature is important especially where one political party dominates to the extent of the ANC:
if citizens are encouraged to see that their participation can make a substantive difference, they can provide the countervailing power to check the government until such time as this can be provided by conventional party politics.[53]

The debate showed the limits of a politics of indigeneity that is concerned only with the acquisition of power. But a strong civil society is not a substitute for an electoral system that ensures a contested political voice for the most vulnerable.
Democratic Failure
Australia’s stable democracy is conducive to broad conceptions of liberty. Yet in Australia democracy is widely interpreted as unbridled majoritarian rule giving the minority indigenous population no moral claim to particular recognition. Even when apartheid was at its strongest in South Africa there was always the expectation that the system’s inconsistent logic coupled with gradually increasing international moral objection would make it unsustainable. There was always the potential for the Western democratic ideal of one person one vote to deliver empowerment. Democracy’s prevailing international acceptance also meant that indigenous South Africans could intellectually align their cause to a philosophy that others could endorse. In this sense there was no parallel with the indigenous Australian experience. In Australia exclusion and suppression remain the legacy of a political order over which indigenous peoples had no influence or connection and which in many cases offers people negligible control over even the most basic elements of their day-to-day lives. Even arguments about the propriety and form of a national indigenous representative have been couched in exclusive assumptions of state power and regulation. The Aboriginal and Torres Strait Islander Commission (ATSIC) which was the primary national representative indigenous body for fourteen years was abolished by the government in 2005. In gaining Non-Government Organisation accreditation at the United Nations[54] ATSIC had provided an alternative to the distorted picture of indigenous affairs provided by the official Australian mission in New York, and as its political voice increasingly diverged from prevailing government policy direction, it became a voice to be sidelined.
Sanders, among others, argued that ATSIC should not have been abolished until an alternative ‘representative arrangement’ was ‘negotiated’ with indigenous Australians.[55] This view supposed that governments, not indigenous communities, should determine how they are represented to government. Yet, as well as being elementary to both citizenship and indigeneity, the representation of indigenous peoples to governments is preliminary to a well-functioning representative democracy. Governments constrain independent political expression when they develop then ‘negotiate’ the terms of some citizens’ political engagement. Indigenous Australians ought not therefore wait for governments to set the boundaries of their participation. Democracy ought to empower groups of citizens to pursue their common interests balanced only by the right of other groups to do the same and limited by the requirement that they not impinge on the rights of others. An independent civil society is an essential accompaniment to elections and political parties in protecting against tyranny and in ensuring that the full plurality of political perspectives can be expressed.
Democracy can encourage conformity but it can also protect difference depending on how its fundamental purpose is understood and how its institutions and processes are ordered. The democratic ideal of a strong civil society creates space for indigenous political expression and a forum for the contestation of ideas. When civil society functions well across the entire polity a significant check on power is established. This means that a national representative indigenous body could be expected to enhance democracy. But, as the ATSIC experience so pointedly illustrates, it ought to stand apart from the state if substantive independence capable of contributing to checks on power is to be assured. ATSICs abolition creates an opening for indigenous Australians to make a definite statement of self-determination by strengthening their own representative organisations.
A national representative organisation is not, however, a bad idea per se. ATSIC did facilitate indigenous political participation, broadened indigenous leadership opportunities and strengthened possibilities for the public expression of indigenous voices. But a new body will not necessarily enhance democracy or self-determination and has the potential to limit both if all it does is contain, manage and restrict the nature of national indigenous political participation or institutionalise ‘conflict in a way that sets limits on debate.’[56]
During the 1990s the New Zealand Prime Minister, Jim Bolger, argued for a national Maori representative body to be established to provide policy advice to the government. It did not succeed because Maori tribes saw the initiative as more concerned with meeting the needs of government than with advancing their own interests. An alternative and still functioning representative model was developed by the Tainui tribal confederation. The Tainui people elect members to a parliament, Te Kauhanganui, which is concerned with managing its own affairs and assets in its own way and for its own self-determining purposes. So if indigenous Australians desire a new national representative structure it is best that it is not a statutory creation or it may well contribute to an assimilationist centralisation of power, rather than to a self-determining dispersal of power from the state to indigenous communities.
In 2008 the Australian Aboriginal and Torres Strait Islander Social Justice Commissioner, who is independent of the executive, initiated discussion on the establishment of a new national representative body. The Commissioner’s discussion paper raises the possibility of the body not being a government entity but does not commit itself to that course of action, even thought it notes the importance of such a body being able to work credibly with each tier of government – implying that independence from the Commonwealth would be desirable. The paper also makes the significant observation that although a government entity ought to have the advantage of ‘privileged access to government’, this was not the ATSIC experience. Privileged access, if it were to occur, could come at a very high cost for a body that requires independence to establish its own authority and to provide an unhindered indigenous public voice. A further perspective considered by the Commissioner is that an indigenous representative body might have a formal role in Senate Estimates committees because their ‘abilty to call the government and bureaucracy to account is something that many Indigenous peoples would like to emulate’.’[57] Given the constraints of contemporary Australian politics this could provide a more inclusive and accountable democratic form. But on the other hand it masks one of the most fundamental failures of Australian democracy – that there is not a single indigenous Senator able to speak and vote as of right on an Estimates Committee.
A further manifest failure of democracy and civil society in recent Australian history was the Commonwealth government’s emergency military intervention to counter widespread child sexual abuse in indigenous communities in the Northern Territory. The desperate dysfunction of these communities was a product of political exclusion, built on paternalism and secured by successive state policy choices which made welfare dependence the only real life style expectation for large numbers of people. Poverty, poor housing, health and education also seriously curtail the freedoms that democracy is intended to foster. The democratic principle of state rule by the peoples’ consent has never applied substantively to indigenous Australia which has never had formal representation in any of the country’s parliaments, nor been able to organise a collective independent political voice. On the other hand, liberal democratic justification for the Howard Government’s intervention into indigenous communities could, perhaps, be found in the description of Bentham’s view that:
Tied to the advocacy of a ‘minimal state’, whose scope and power need to be strictly limited, there is a strong commitment to certain types of state intervention: for instance, intervention to regulate the behavior of the disobedient, and to reshape social relations and intstitutions if, in the event of the failure of laissez faire, the greatest happiness of the greatest number is not achieved.[58]

If individual autonomy is to be upheld government interference in people’s lives ought to be minimal and truly aimed at enhancing self-determining capacity, in contrast with the historical intrusion which is indefensible in liberal terms. There is consequently an active but tightly focused role for governments which is at odds with conventional neo-liberal ideas about limited government.
Conclusion

Democracy is a ‘foreign flower’ to indigenous peoples in post-colonial societies. But that does not, of itself, make this prevailing internationally accepted theoretical basis to ordered and representative government unsuited to realising indigenous needs and aspirations. Indeed for majority indigenous populations in jurisdictions such as Fiji and South Africa it offers a path to reclaiming traditional authority. Yet, in spite of a massive indigenous majority South Africa has struggled to make democracy serve its people by alleviating poverty, reducing unemployment or negative health outcomes, or improving housing and educational levels. Political power is no longer seriously contested and the dominant ANCs own intra-party democracy is too weak to provide serious policy checks on government, meaning that democracy does not fully serve its representative, inclusive and emancipatory purpose. Nor does it serve this purpose for minority indigenous populations, in Australia and New Zealand for example, if it is understood as demanding unbridled majoritarian rule.
Notwithstanding these objections democracy, broadly interpreted, still finds intellectual convergence with the politics of indigeneity, which aims principally to make the state responsive to indigenous claims and conceptions of justice. Crafting an inclusive national polity is central to this aim and to the re-balancing of political authority to give indigenous peoples greater authority over the things that are important to them.
The politics of indigeneity is concerned with the recognition of difference based on first occupancy. Like democracy it aims to secure freedom and liberty, but sees protection of group rights as preliminary to these wider goals. Democracy and indigeneity emphasise separate but intertwining conceptions of power. Democracy serves indigeneity by potentially providing a way of mediating power relationships and reconciling indigenous nationalism with the harmonious sharing of national sovereignty, which short of expelling non-indigenous populations, is the only means indigenous peoples have of securing self-determination. At the same time, democracy is served by indigeneity’s constant reminder that it ought to be interested in the liberty and representation of all not just some people. In this way Fijian paramountcy can be reconciled with Indo-Fijian participation in national governance, and indigenous Australians can construct an argument for substantive inclusion in the country’s parliaments, perhaps in similar fashion to the representational model enjoyed by Maori in New Zealand. It is where narrow and limiting individualist conceptions of democracy are maintained to restrict indigeneity that democracy becomes injurious to indigenous aspirations. Democracy ought to be an all-encompassing inclusive concept or it excludes some people from full and equal membership of the polity which in turn limits indigenous political authority. But so too does unbridled military power, which is at least as foreign to Fiji as democracy.






Brij V. Lal, ‘Making History, Becoming History: Reflections on the Fijian Coups and Constitutions’; The Contemporary Pacific 14, (2002), 148-167, p. 148.
[2] Fiji Court of Appeal, Republic of Fiji v. Prasad (Unreported, 2000).
[3] David Held, Democracy and the Global Order: From the Modern State to Cosmopolitan Governance    (Cambridge: Polity Press, 1995), p.145.
[4] Judith Brett, ‘Relaxed and Comfortable: The Liberal Party’s Australia.’ The Australian Quarterly  Essay (Melbourne: Schwartz Publishing Pty, 2005), p. 25.
[5] Roberta James, ‘Rousseau’s Knot: The Entanglement of Liberal Democracy and Racism’, in Gillian Colishaw and Barry Morris, eds, Race Matters: Indigenous Australians and ‘Our’ Society, (Canberra: Aboriginal Studies Press, 1997), pp. 53-75 at p. 57.
[6] Max Weber, ‘Legitimacy, Politics and the State’, in William Connolly, ed, Legitimacy and the State, (Oxford: Basil Blackwell, 1984), pp. 32-62 at p. 37.
[7] Weber, ‘Legitimacy, Politics and the State’, p. 37.
[8] Held, Democracy and the Global Order, p. 145.
[9] Immanuel Kant in H. Reiss, ed, Kant’s Political Writings, (Cambridge: Cambridge University Press, 1970) pp. 73-74.
[10] John Rawls, ‘Social Unity and Primary Goods’, in A. Sen and B. Williams, eds, Utilitarianism and  Beyond (Cambridge: Cambridge University Press, 1982), pp. 159-185 at p. 160.
[11] Duncan Ivison, Paul Patton, and Will Sanders, ‘Introduction’, in Duncan Ivison, Paul Patton, and Will Sanders, eds, Political Theory and the Rights of Indigenous Peoples (Cambridge: Cambridge University Press, 2000), pp. 1-21 at p. 21.
[12] Will Kymlicka, ‘American Multiculturalism and the `Nations Within’, in Duncan Ivison, Paul Patton, and Will Sanders, eds, Political Theory and the Rights of Indigenous Peoples (Cambridge: Cambridge University Press, 2000), pp. 216-36 at p. 227.
[13] Held, Democracy and the Global Order, p. 150.
[14] Held, Democracy and the Global Order, p. 149.
[15] S Benhabib, ‘Introduction’, in S Benhabib, ed, Democracy and Difference: Contesting the Boundaries of the Political (Princeton: Princeton University Press, 1996), pp. 3-18 at p. 5.
[16] Thabo Mbeki “Introduction’ in F Sicre, ed,  South Africa at 10: Perspectives by Political, Civil and Business Leaders, (Cape Town: Human and Rousseau, 2004), pp. 1-15 at p. 13.
[17] William Mervin Gumede, Thabo Mbeki and the Battle for the Soul of the ANC (Cape Town: Zebra Press, 2005) p. 254.
[18] Stephanie Lawson, ‘Nationalism versus Constitutionalism in Fiji’; Nations and Nationalism, 10  (2004), 519-38, p.  535.
[19] Eleanor Emery in Robert Norton, ‘Seldom a Transition with Such Aplomb: From Confrontation to  Conciliation on Fiji’s Path to Independence’; Journal of Pacific History 39, (2004), 147-62, p. 163.
[20] Virginia Horscroft, The Politics of Ethnicity in the Fiji Islands: Competing Ideologies of Indigenous Paramountcy and Individual Equality in Political Dialogue (MPhil, University of Oxford, 2002), p. 2.
[21] Greg Fry, ‘Political Legitimacy and the Post-Colonial State in the Pacific: Reflections on Some Common Threads in the Fiji and Solomon Island Coups’, Pacifica Review 12 (2000), 295-304, p. 299.
[22] African National Congress, ANC Youth League Basic Policy Document (1948 [cited 19 August  2008); available from http://www.anc.org.za/ancdocs/history/ancylpol.html.
[23] Lawson, ‘Nationalism versus Constitutionalism in Fiji’, p. 536.
[24] Fiji Times, 7 April 2001.
[25] Lawson, ‘Nationalism versus Constitutionalism in Fiji’, p. 536.
[26] Horscroft, The Politics of Ethnicity in the Fiji Islands, p. 4.
[27] Fiji Post, 24 August 2001.
[28] Robert Jackson, ‘Sovereignty in World Politics: A Glance at the Conceptual and Historical Landscape’, in Robert Jackson, ed, Sovereignty at the Millenium (Oxford: Blackwell Publishers, 1999), pp. 9-34 at p. 10.
[29] Jackson,  ‘Sovereignty in World Politics’, p.  9.
[30] Lal, ‘Making History, Becoming History: Reflections on the Fijian Coups and Constitutions’, p. 166.
[31] Henry Srebrnik, ‘Ethnicity, Religion, and the Issue of Aboriginality in a Small Island State. Why Does Fiji Flounder?’; The Round Table (2002), 187-210, p. 210.
[32] Ian Cook, Government and Democracy in Australia (Melbourne: Oxford University Press, 2004), p.  239.
[33] Jane Mansbridge, ‘Using Power/Fighting Power: The Polity’, in S Benhabib, ed, Democracy and Difference. Contesting the Boundaries of the Political, (Princeton: Princeton University Press, 1996) pp, 46-66 at p. 58.
[34] C Mouffe, ‘Democracy, Power and the "Political"‘ in S Benhabib, ed, Democracy and Difference. Contesting the Boundaries of the Political (Princeton: Princeton University Press, 2006), pp. 245-56 at p. 247.
[35] Bonnie Honig, ‘Difference, Dilemmas, and the Politics of Home’, in S Benhabib, ed, Democracy and Difference: Contesting the Boundaries of the Political, (Princeton: Princeton University Press, 1996), pp. 257-77 at p. 257.
[36] Mansbridge, ‘Using Power/Fighting Power: The Polity’, p. 53.
[37] Mansbridge, ‘Using Power/Fighting Power: The Polity’, p. 57.
[38] Dominic O’Sullivan, ‘Keeping Maori Seats Ensures Democracy Provides Fair Deal’, New Zealand Herald 12 February 2007.
[39] Held, Democracy and the Global Order, pp. 145-46.
[40] O’Sullivan, 2007.
[41] David Beetham, The Legitimation of Power (London: Macmillan, 1991), p. 121.
[42] Beetham, The Legitimation of Power, p. 171.
[43] Horscroft, The Politics of Ethnicity in the Fiji Islands, p. 4.
[44] Roderic Alley, ‘The Coup Crisis in Fiji’, Australian Journal of Political Science 35 (2000), 515-21, p.   519.
[45] Gumede, Thabo Mbeki and the Battle for the Soul of the ANC, p. 67.
[46] Gumede, Thabo Mbeki and the Battle for the Soul of the ANC, p. 305.
[47] Gumede, Thabo Mbeki and the Battle for the Soul of the ANC, p. 307.
[48] Gumede, Thabo Mbeki and the Battle for the Soul of the ANC, p. 67.
[49] Gumede, Thabo Mbeki and the Battle for the Soul of the ANC, p. 95.
[50] Gumede, Thabo Mbeki and the Battle for the Soul of the ANC, p. 225.
[51] Heidi Mattison, ‘Beyond Party Politics: Unexpected Democracy-Deepening Consequences of One-Party Dominance in South Africa,’ Theoria, (2004), 1-30, p. 1.
[52] Mattison, ‘Beyond Party Politics: Unexpected Democracy-Deepening Consequences of One-Party Dominance in South Africa‘, p. 10.
[53] Mattison, ‘Beyond Party Politics: Unexpected Democracy-Deepening Consequences of One-Party Dominance in South Africa,’ p. 26.
[54] Will Sanders, ATSICs Achievements and Strengths: Implications for Institutional Reform (Centre for Aboriginal Economic Policy Research, The Australian National University, August 2004), p. 2.
[55] Sanders, ATSICs Achievements and Strength, p. 1.
[56] Milton Fisk, The State and Justice: An Essay in Political Theory (Cambridge: Cambridge University  Press, 1989), p. 171.
[57] T Calma, Building a Sustainable National Indigenous Representative Body (Sydney: Aboriginal and Torres Strait Islander Social Justice Commissioner, 2008), p.  99.
[58] Held, Democracy and the Global Order, pp. 10-11.

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