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Writing as a grindstone. Finished writing, unfinished writing, writing ideas, things that I'll never get round to writing, other things. Grinding it out, grinding away. Writing some more.
Showing posts with label Children and the state. Show all posts
Showing posts with label Children and the state. Show all posts
Thursday, July 06, 2017
Racial justice meets the child welfare system
Originally posted on The Spinoff Parents November last year, re-posting here to support the Human Rights Commission taking their open letter to parliament today (event page).
You may have heard the Crown have had a series of bad reports for their child welfare work. Really bad reports. So bad that the Crown has set up a new ministry and is proposing changes to the Children, Young Persons and their Families Act. What they really need to do is give up and admit this isn’t their thing.
The Crown has been horrible at child welfare. The Crown has taken children from families for almost arbitrary reasons, like skipping school or being poor—that in itself is an inexcusable act of violence. It has taken those children from safe homes and put them in dangerous situations where many have been abused and neglected. Can you imagine how you would feel if this was your kid? How angry, devastated and useless you might feel, what that would do to a whānau? Māori have been especially targeted, both in who the Crown has taken and who is most likely to be abused. Two Crown reports last year showed the extent of the Crown’s responsibility for the abuse of children. The Crown has blamed CYF, which is kind of like when my kid blames her foot for pushing the cat. According to the Crown, it’s all CYF’s fault: we need a new model, the law needs simplifying. The changes that the Crown has announced are a signal that there will be no real change—it will be the same stuff with a different name.
Many reports have identified the problem, but the Crown doesn’t get it. The problem is not the name of the ministry or that the law was too complex. The problem is that the Crown is colonising, controlling and authoritarian. That strategy has failed, it is time for a different strategy—like sharing the responsibility with the communities that are most affected. A Crown report in the 1980s identified that institutional racism was shutting Māori out of child welfare decisions, while at the same time Māori children are the majority in the child welfare system. For decades, Māori have argued that the best solution for our children is to give the responsibility to Māori.
The Crown seems allergic to the idea of sharing power. Like so many patriarchs, the only way it knows to respond to criticism is to tighten control. But surely we all want the same thing: an actual solution. A solution means solving this mess, so we won’t have endless reports on how useless and abusive our child welfare system is, so children are protected and stay out of the system, so they don’t carry that trauma through their lives, so we are moving towards a future we want.
To protect children and undo the damage that the Crown has inflicted on whānau, the enduring solution is to take that power from the Crown, and give decision making, resources and responsibility to appropriate rōpū, communities, hapū, iwi. The Crown’s task then becomes supporting rōpū to prepare for that responsibility. Our task is to work out how to make it happen.
Wednesday, October 26, 2016
Open letter from Hands off our tamariki Ōtaki hui
The following letter was sent to all Māori Members of Parliament from the Hands off our tamariki Ōtaki hui, held 12 October at Te Wānanga o Raukawa.
Re: Proposed changes to the Children, Young Persons and their Families Act
Tēnā koutou i ngā tini āhuatanga o te ao,
On Wednesday, October 12, a hui in Ōtaki discussed the changes Anne Tolley has proposed to the Children, Young Persons and their Families Act, removing the clauses that consider the effects of decisions on whānau, and that prioritise placing a child within their hapū or iwi.
Those clauses came out of the 1988 report Puao-te-ata-tu. After extensive research around the nation, Puao-te-ata-tu found that ‘institutional racism’ was at the root of Māori social welfare problems, and predicted that the Crown would continue to fail Māori unless this was fixed. The report found that Māori succeed when rangatiratanga is recognised and supported, and recommended that Māori should be resourced to solve the problems Māori are facing.
Two findings of Puao-te-ata-tu are particularly related to the proposed changes. Firstly, children are members of whānau and hapū, and the wellbeing of those units needs to be considered. At the time, legislation regarded the welfare of the child as the first and paramount consideration (the proposed changes will re-instate this). The report found that in the context of institutional racism, this took away the ability of whānau, hapū and iwi to take responsibility for their children. Secondly, the well-being of Māori children includes their sense of belonging to whakapapa and whānau, prioritising their wellbeing includes prioritising those connections. In the context of institutional racism, not specifically prioritising whakapapa means children are isolated from their whakapapa and culture. This is dangerous.
Puao-te-ata-tu made many recommendations, most of which have not been met. The two clauses that Anne Tolley is proposing to remove were hard won. Removing them from legislation takes away all protection for connections to whakapapa.
It is unbelievable that social workers cannot find safe and loving whānau within a child’s whakapapa. As Tariana Turia has said of her iwi “You can't tell me that within 8000 people connected by our river, you cannot find someone to care for a child.”
It is tragic whenever CYF places children in unsafe situations, including unsafe whānau. It is an example of CYF making bad decisions for our children, and why we want to make those decisions ourselves. CYF’s bad practice cannot be used as an excuse to remove provisions to protect children in the context of whānau. To make that argument is transparently racist—Māori cannot be blamed for the Crown’s bad decisions.
Removing the clauses from legislation is simply another colonising act of control. The proposed changes are inconsistent with the UN Declaration on the Rights of Indigenous Peoples, to which New Zealand is a signatory. In particular, the changes are inconsistent with article 7.2 which recognises “the collective right to live in freedom, peace and security as distinct peoples and shall not be subjected to any act of genocide or any other act of violence, including forcibly removing children of the group to another group.”
It is apt that this hui was held at Te Wānanga o Raukawa. From the Wānanga, for decades Whatarangi Winiata has argued for an enduring and fair solution to the many problems that Māori face as a result of colonisation, including the number of children in state care. The solution he proposes is a reallocation of resources, from the Crown to Māori. If all the resources that the Crown takes and uses to protect our children were instead given to Māori, returning all responsibility to care for our children, history and experience suggests our children would be better off. This is the long-term solution we support.
We are asking you as a Member of Parliament to do all that you can to reverse the changes to the CYPF Act that Anne Tolley is proposing. These changes come from a monocultural understanding of child welfare. They will result in dislocating Māori children from their whakapapa and all the negative outcomes that stem from that disconnection. There has been no credible reason given for the changes. They breach the UN Declaration on the Rights of Indigenous Peoples, and meet the Declaration’s definition of genocide. We would expect the Crown to be moving towards honouring Te Tiriti, but these changes are a dangerous step away from rangatiratanga. They are assimilationist, racist and colonising.
We hope that you will be brave, energetic and outspoken in protecting our tamariki from these moves.
Ngā mihi,
Attendees of the Hands off our tamariki hui in Ōtaki, 12 October 2016
Labels:
abuse,
Children and the state,
colonisation,
CYF,
hands off our tamariki,
justice
Saturday, October 08, 2016
The NZ state, making children vulnerable since way back
I’m going to talk about the proposed changes to the Children, Young Persons and their Families Act, but before I do, I want to give a quick background. The context is necessary for understanding why the changes are so upsetting.
Traditionally, Māori society is whānau centred, and Māori whānau are child centred. Whakapapa is at the heart of our philosophy, the relationship between tūpuna and mokopuna is especially celebrated in our literature, and our metaphors for identity and belonging are all about mothering. When Europeans arrived, some were appalled enough that they wrote about what terrible parents Māori were, especially Māori men, who were far too loving and attentive to children, not at all manly behaviour. (If you are interested in traditional Māori parenting, Mana Ririki produced a fantastic report)
Over the next several decades, Europeans got stuck-in, teaching Māori parents good Christian spare-the-rod-spoil-the-child parenting, and teaching Māori men patriarchal family values. At the same time that the Crown took Māori wealth and resources, it imposed capitalism—the combined effect was impoverishment and chasing wages for survival (when my iwi, Ngāi Tahu, signed Te Tiriti they were responsible for almost all of Te Waipounamu, Rakiura and surrounding islands; between 1844 and 1860, they were forced to sell effectively all that land for less than £9000. In that short time, thousands of people who had been collectively self-supporting and self-determining became politically and financially dependent on the Europeans who had taken everything. Can you imagine how that felt?). Europeans introduced diseases that killed thousands (in the first 100 years of contact with Europeans, the Māori population fell from around 200 000 to 42 000. Can you imagine that—losing 80% of the population? How did whānau function?). The Crown dismantled Māori law and systems that kept whānau safe and healthy, criminalised tikanga, locked people up for trying to hold on to their land, banned te reo Māori from schools to stamp out not just te reo, but all the mātauranga that it carries. And Māori were still expected to fight for Britain in two horrific world wars.
After a hundred years of this, Māori were still resilient. In the 1940s, research on Māori mental health focused on why Māori were so much healthier than Europeans (one third the incidence of mental disorder).1 Pākehā researchers’ explanation was that the whānau was such a nurturing mechanism that it was protecting Māori mental health from even the ongoing violence of colonisation. They predicted that as whānau structures were dismantled, Māori mental disease would increase to Pākehā rates. This could have been a turning point for Māori and Pākehā—where would we be if Pākehā had paid attention to their own researchers saying whānau are a healthier institution than nuclear families? Instead, the Crown has continued with policies to dismantle whānau, and privilege small family units that provide a dependent, mobile workforce.
What I’m trying to show is that colonisation has treated generations of Māori to continuous violence, trauma after trauma after trauma. At the same time, the Crown has been dismantling our mechanisms of wellbeing—disconnecting us from our whenua, our whakapapa, our whānau. These experiences have created the situation we are in now, where some Māori whānau aren’t coping.
That problem was clearly described in the 1987 report Puao-te-ata-tu commissioned by the Minister of Social Welfare. Already, Māori made up the majority of Social Welfare institutions’ clientele. Puao-te-ata-tu reported that institutional racism in the Department of Social Welfare, the Children and Young Persons Act and the courts made it impossible for those institutions to achieve their goals, and made recommendations that would have transformed those institutions from their philosophical foundations to their practices. Their recommendations included incorporating Māori values in all policies, and working with whānau, hapū and iwi for good outcomes. 30 years ago, Puao-te-ata-tu gave the Crown advice that could have turned this crisis around. One of the few recommendations that survived into practice was the priority in the CYPF Act 1989 for Māori children to stay within hapū or iwi. This is based on a Māori understanding of well-being, which recognises connectedness to whānau, whakapapa and culture as sources of wellness. It needs to be understood in the context of generations of Māori exposed to Crown policies and practices breaking those connections.
Last year, the Crown appointed Children’s Commission published a report, State of Care 2015, looking at the performance of Child, Youth and Family. They say “We don’t know if children are better off as a result of state intervention. . . . the limited data we do have about health, education, and justice outcomes is concerning.” As bad as it is for many children in their care, Māori children are worse off. Again, although the majority of children referred to CYF and in care are Māori, CYF does not have and does not value the knowledge, skills and experience to work with Māori. Again, they recommended transforming CYF, including focusing on building cultural capacity and partnering with iwi.
Since then, Anne Tolley has announced that CYF is broken, which I will come back to, and that it will be replaced by a Ministry for Vulnerable Children. From the moment she announced the name of the Ministry, it was clear she was not taking advice from people you might expect her to, like the Children’s Commissioner, who said the name was ‘stigmatising and labelling’ (Vulnerable Children's Minister Anne Tolley: 'I'll call it, 'my ministry'). Given that the State of Care 2015 report found CYF’s ability to provide for Māori children such a concern and recommended working with iwi, you might expect that would be prioritised. Given that we know the importance of culture and connectedness for well-being, you might expect that whānau would be prioritised. Instead, one of the first legislative changes is to remove two clauses, one that prioritises Māori children staying within their hapū and iwi, and another that considers the effect of decisions on the stability of Māori children’s whānau, hapū and iwi (Turia blasts 'racist' children's law). These two changes together take away all protection for connections to whakapapa. It’s as if Tolley is trying to alienate Māori. When I heard, I was so shocked I thought it was a mistake.
I don’t understand it. CYF are bad at caring for children, and particularly bad at caring for Māori children. The majority of children in their ‘care’ are Māori. Two reports tell them to work with iwi, one tells them to ditch the monocultural approach and include Māori values at their heart. I would expect that to be the direction the Minister would move towards, even if glacially and superficially. Instead, she seems intent on pushing Māori away. Is this assimilationist step just monocultural arrogance (which Puao-te-ata-tu called institutional racism) and incompetence—importing models from overseas and ignoring history?
The other possibility is that it is ideological.
Tolley reacted strongly to the State of Care 2015 report—the system was broken and we needed to start again (eg, CYF system is ‘broken’, ‘It’s time for a clean break – CYF is gone’ says Tolley, ‘Horrifying’ outcomes for CYF kids warrant ‘a whole new model’ – Tolley). We don’t usually see ministers so scathing about their departments, even after bad reports. It’s uncommon enough that it reminded me of the time 5 years ago when we were told that ACC was broken, just before the announcement that private companies could compete for its work. Is it possible that this government is using the State of Care 2015 report as an excuse to remodel so private companies can contract to care for our children? Remember last year when Anne Tolley said she’d be happy for Serco to run social services for children (Anne Tolley still happy for Serco to run social services for children)? Or when she denied that Serco visited CYF facilities and had to apologise (Anne Tolley apologises over Serco link to Child, Youth and Family)? She then stated that “I'm not talking about putting any part of CYF's statutory responsibilities over to a private company” (Tolley: ‘No way’ Serco would run CYF), but something is going on.
I don’t know why Tolley is proposing something so divisive and counter-productive. What makes it even stranger to me, is that the clauses she wants to remove are so weak. Social workers have told me that the clauses are largely ignored, but that they are important because they are the only tool whānau can use to fight bad decisions.
I want to be clear, removing children from their whānau is violence. Sometimes, children’s parents aren’t coping, and children need to be protected. But the state has shown that it is not qualified to care for Māori. Iwi are putting their hands up (Iwi Leaders first to sign NZ covenant for children, Vulnerable kids win iwi, CYF pact), and have been for a long time. The authors of Puao-te-ata-tu argued that iwi should be making decisions for Māori children. Instead of setting up this strange new monocultural model, Tolley could be working out how to support iwi to take on that role. Whatever her reason for what she’s doing, whether it’s stupidity or ideology, the consequences are appalling—if we continue to fail Māori children in state care, we will continue generations of horrible outcomes. The thought of it makes me sick.
(for more information, check out the Hands Off Our Tamariki facebook page)
1 Beaglehole, E and P Beaglehole 1947 Some Modern Maoris, New Zealand Council for Educational Research Series (Whitcombe and Tombs, Auckland)
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