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HUMAN RIGHTS & THE TREATY OF WAITANGI Te Mana i Waitangi

HUMAN RIGHTS & THE TREATY OF WAITANGI Te Mana i Waitangi. New function. 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. Primary Functions.

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HUMAN RIGHTS & THE TREATY OF WAITANGI Te Mana i Waitangi

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  1. HUMAN RIGHTS & THE TREATY OF WAITANGITe Mana i Waitangi

  2. New function 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. Slide

  3. Primary Functions Human Rights Amendment Act 2001 • To advocate and promote respect for, and an understanding and appreciation of, human rights in New Zealand society; and • To encourage the maintenance and development of harmonious relations between individuals and among the diverse groups in New Zealand society. Slide

  4. Human Rights & the Treaty of Waitangi:What do New Zealanders know about either? Slide

  5. September & December 2002 public opinion research • Lack of knowledge about both human rights and the Treaty of Waitangi limits discussion; • New Zealanders struggle to identify any significant common ground between the Treaty of Waitangi and human rights standards; (Continued….) Slide

  6. The views of Maori and other New Zealanders diverge significantly and yet there is also considerable diversity within Maori and amongst other New Zealanders. • Negative feelings about the Treaty of Waitangi is associated in part with selective media coverage. • Both Maori and non-Maori acknowledged they would benefit from a deeper understanding of the Treaty. Slide

  7. Views on Human Rights • Strong focus on the issue of fair treatment of the individual • Human rights violations are generally viewed as an overseas problem. • NZ cannot afford to be complacent and could be more proactive about human rights. Slide (continued….)

  8. Specific rights needing most attention • Freedom of expression • Right to Māori language and culture • Education • Be safe from violence • The highest attainable standard of health • Freedom from discrimination The right to: Slide (Continued….)

  9. Specific rights needing most attention… • To be protected from harm and abuse • To have enough food to eat, a place to live and good health care. The rights ofchildren and young people: Slide

  10. Links between the UDHR and the Treaty All respondents • UDHR more important (51%) • Treaty more important (19%) Maori • UDHR more important (31%) • Treaty more important (37%) Slide (continued….)

  11. Common ground between UDHR and Treaty • Little common ground (40%) • Some common ground (21%) Slide

  12. What people said • “…human rights in NZ are pretty good… In Afghanistan you don’t want to be persecuted or killed or anything. In NZ you want education and things like that.” (Maori, male) Slide (continued….)

  13. What people said… • “My children have all been taught on human rights where as you say when we were at school it was never mentioned.” (non-Maori, under 35 years, male) Slide (continued….)

  14. What people said… • “No. My kids did it at school and I was just shocked. I didn’t know anything really. It was nothing compared to what I thought it was.” (non-Maori, under 45 years, male) Slide (continued….)

  15. What people said… • “…what would help would be if the average New Zealand European could really truly understand the Treaty. A lot of us have not read it…I’m not saying that we might agree with it.” (Auckland, non-Maori, 54+,female) Slide (continued….)

  16. What people said… • “I need to be educated about the Treaty of Waitangi. Basic human rights. It’s my rights as a Maori that I should know but it’s only come to the fore in the last 10 years really strong.” (Maori, female) Slide

  17. Human Rights Commission Work Programme • Research & survey • Develop a discussion paper • Public dialogue strategy - community dialogue pilots - symposia • Meet with politicians, community leaders and representatives in the public and private sectors Slide

  18. Draft Discussion Paper • Working group chaired by Sir Paul Reeves. • Provided advice on issues to be considered and areas to be explored. • Engaged with a wide range of other people. Slide

  19. Focus is on the relationship of the Treaty of Waitangi to domestic and international human rights law. Slide

  20. Outline of Paper • Human rights framework • Concept of universality • Background to Treaty • Perceived conflicts • Indigenous rights • Common ground Slide

  21. About the Treaty • Substance and status • Rights and duties created • Who benefits? • Range of views • Significance in law and constitution Slide

  22. Symposia The HRC co-hosted 6 symposia in 2003 with: • Auckland University Legal Research Foundation • Victoria University School of Public Law • Christchurch City Council • Palmerston North’s Network Waitangi • Waikato University Law School • Rotorua District Council Slide

  23. Some issues that are emerging? • Some clarity around the differences between parliamentary, common & customary law • Debate around the parties to the Treaty in the 21st century • The impact of the Treaty on the general public • Concern about the place of Pacific peoples & recent migrants • Status of the Treaty in international law vs domestic law • The Treaty and citizenship Slide

  24. Cont’d…. • Emergence of increasing common ground between human rights & Treaty rights (and responsibilities) • Constitutional change Slide

  25. Facilitated Community Dialogue • New Zealanders talking & listening to each other • Groups of 6 to 40 • Thirteen trials held in August to October 2003 • Further sessions held with community groups • Facilitators to be trained in late Feb to mid March 2004 Slide

  26. Emerging Issues • The need for Treaty and human rights education • Treaty and NZ history in the curriculum • Anger at Treaty breaches • Need to learn Te Reo Maori • Feelings of guilt and fear • Almost everyone has a human rights or Treaty story • Desire for equality • Need for people to talk with each other • Range of courses for action Slide

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

  28. Sir Robin Cooke • “The Treaty created an enduring relationship of a fiduciary nature akin to partnership, each party accepting a positive duty to act in good faith, reasonably and honourably towards each other.” Slide

  29. Kofi Annan • “There is no single model of democracy, or of human rights, or of cultural expression for all the world. But for all the world, there must be democracy, human rights and free cultural expression … The UDHR, far from insisting on uniformity, is the basic condition for global diversity. It is the standard for an emerging era in which communication and collaboration between States and peoples will determine their success and survival. Slide

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