The Berkeley Oaks – In search of a “shared victory”

In a Jan. 30th article in the San Francisco Chronicle, C.W. Nevius characterizes the conflict over the oak grove slated for destruction on UC Berkeley campus as a “ classic no-win situation”:
If Cal officials leave the branch-sitters up in their trees, nothing will ever get done. But if they try to drag them down – an official said on a conference call Monday that ‘they haven’t decided on that’ – they risk creating some really ugly news footage.”

Nonviolent activists familiar with the work of George Lakey, theoretician of nonviolent struggle and director of Training for Change, will recognize instantly that this “no-win” situation for the administration is actually a “win-win” situation for the Save the Oaks movement. Indeed, it was designed to be that way; the most strategic nonviolent actions are those in which the protestors achieve a goal no matter what reaction the authorities chose.

For example, when Gandhi led South African Indians in burning their identification cards in 1907, the nonviolent discipline of the satyagrahis, and the justice of their cause, enabled them to “win” through the violent response to their action. The authorities’ attempt to repress the movement generated sympathetic publicity, not to mention the unsettling realization that these demonstrators held a new kind of power.

I had my own apparent “no-win” situation at the Oak Grove a few days ago, when a campus police officer asked me to show my ID or leave the grove. Either action would have accomplished a goal of the UCPD: whether they intimidate members of the movement through profiling, or force them to physically abandon their claim to the space, both seem effective strategies for exerting their authority.

On the other hand, neither of these choices met my need for dignity, freedom, and fairness, so I asked for a third option, which for me was accepting whatever use of force the officer had as a “consequence” of my refusal. It turned out to be a trespass citation, similar to a traffic ticket, which the officer wrote out despite his surprise at my stated preference.

This painful situation made me think about how nonviolent action must aim to escape the win-lose paradigm altogether if it wants to be truly transformative. When the demonstrators – or UCPD – set up “win-win” situations, they are seeking to win at the other party’s expense, rather than to win over the other party.

The field of Conflict Transformation reveals deeper possibilities for change – by moving the parties past their stated interests closer to their real needs, and most importantly by transforming the relationship between the parties. In principled nonviolence, “win-win” signifies something different than zero risk of failure – it signifies the hope that ultimately there will be no losers in the conflict, as persuading — and even, if time does not allow for persuasion, coercing oppressors into ceasing violent action helps them recover their humanity, which is truly a share in the victory.