Te Mana i Waitangi: Human Rights and the Treaty of Waitangi

1. Te Mana i Waitangi:Human Rights and the Treaty of Waitangi Human Rights Commission July 2006

2. What are humanrights? “human rights are about dignity, equality and security for all human beings everywhere” Sergio Viero de Mello

3. What are humanrights? • Universal Declaration of Human Rights • United Nations Covenants & Conventions • NZ Human Rights Act 1993 • NZ Bill of Rights Act 1990

4. How are human rights protected? • Democracy • Rule of law • Independent, corruption-free judiciary • Effective government structures • Specialised human rights institutions • Active civil society • Human rights information and education • Focus on the most vulnerable people • Tikanga

5. New responsibility… • to promote by research, education, and discussion a better understanding of the human rights dimensions of the Treaty of Waitangi and their relationship with domestic and international human rights law

6. Te Mana I Waitangi Aim: • That through talking and listening to each other, New Zealanders will develop a better understanding of human rights and the Treaty of Waitangi. Activities: • Draft discussion paper • Regional symposia • Facilitated community dialogue • Presentations

7. WHAT ARE NEW ZEALANDERS SAYING? “The Treaty belongs to all New Zealanders”

8. Treaty Overview • Declaration of Independence (1835) • Treaty of Waitangi (1840) RANGATIRATANGA KAWANATANGA

9. Some challenges • Does it privilege New Zealanders of Māori and British descent? • Where do other New Zealanders fit in?

10. Some challenges • How do kawanatanga and rangatiratanga relate to each other? • Exactly what rights are protected byArticle 2? • Who is disadvantaged if Māori exercise rangatiratanga and Māori taonga are protected? • How can Māori live as Māori in New Zealand?

11. Some challenges • Must equality mean assimilation? • Must individual human rights clash with collective/ group rights?

12. Community Voices:UMR Survey February 2006 750 New Zealanders 668 Non-Maori Low declared knowledge of: • Treaty 42% • Human Rights 27% • Things in Common Lot 27% Little 31%

13. Community Voices:UMR Survey February 2006Statements Right to live as Maori Agree 66% Disagree 12% Founding document 50% 25% Provided for Pakeha settlement 39% 30% Maori self-determination 35% 42% Manaakitanga 30% 39% Treaty more important 22% 54%

14. Community Voices:Community Dialogue Feedback 200 dialogue sessions with existing community groups ‣ Ownership & knowledge ‣ Belonging & Identity ‣ Confusion & Guilt ‣ Future

15. Community Voices:Symposia Presenters 32 Symposia held ‣ Treaty Awareness: Tauranga Lawyer ‣ Race & Humanity: Retired Judge ‣ Indigenous Rights: Media Commentator ‣ Maori Privilege: Ordinary Taranaki Bloke ‣ Bi-cultural Learning: Education Sector Leader ‣ Building Relationships: Taranaki Businessman

16. Community Voices:Turangawaewae: Our Authority to Belong Where is your turangawaewae? What are your rights there? What are your responsibilities there? What are your icons?

17. Sir James Henare “The treaty then was not just a political and legal covenant but also a spiritual one. Because of the Treaty the Māori believe right to this day that they are equal partners and yet they know from experience that it is not so.”

18. Kofi Anan “… far from insisting on uniformity [human rights are] the basic condition for global diversity …”

19. Bishop Bennett “ A covenant is an agreement based on the promises of two people to take the best possible care they can of each other ”

20. FOR MORE INFORMATION Webpage: www.hrc.co.nz/treaty Email: treaty@hrc.co.nz Toll Free: 0800 378 254