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

Te Mana i Waitangi: Human Rights and the Treaty of Waitangi. Human Rights Commission 2005. Commission functions. to advocate & promote respect for, & an understanding of, human rights in New Zealand society; &…

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

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  1. Te Mana i Waitangi:Human Rights and the Treaty of Waitangi Human Rights Commission 2005

  2. Commission functions • to advocate & promote respect for, & an understanding of, human rights in New Zealand society; &… • to encourage the maintenance & development of harmonious relations between individuals & among the diverse groups in New Zealand society

  3. A new responsibility…. promote by research, education, & discussion a better understanding of the human rights dimensions of the Treaty of Waitangi & their relationship with domestic and international human rights law

  4. Commission’s Treaty work programme 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

  5. What are human rights? “Human rights are about dignity, equality & security for all human beings everywhere” Sergio Viero de Mello

  6. What is the Treaty of Waitangi? • Treaty of Waitangi preceded by Declaration of Independence 1835 in an attempt to establish an independent state recognised by other nations • A treaty is an agreement between sovereign nations. Conditions agreed to in treaties can be changed only by agreement between the signatories.

  7. Who are the signatories? The Nations ►United Kingdom of Great Britain & Ireland ► Chiefs of Confederation of hapu of NZ The Signatories ► Governor William Hobson ► More than 530 rangatira (chiefs) incl. women Acknowledged by many as NZs founding document

  8. What does the Treaty Say? Article 1: (English text)Maori transferred their sovereignty to the Crown (Maori text) Maori gave Crown right to Kawanatanga, establish government

  9. Article 2: (English text)Crown guaranteed Maori full, exclusive & undisturbed possession of their lands, estates, forests, fisheries & other properties they possessedd & gained pre-emptive right to purchase land Maori wished to sell. (Maori text) Crown affirmed Maori rangatiratanga over their lands, villages & possessions & gained pre-emptive right to purchase land Maori wished to sell.

  10. Article 3: (English text)Maori gained same rights as British subjects (Maori text) Maori gained same rights (rite tahi) as British subjects

  11. Signatories…. (English text)Governor Hobson & more than 30 Maori signed this version (Maori text) Governor Hobson and more than 500 Maori signed this version including 13 women

  12. International law… Contra preferentum gives preference to Maori text if there is a dispute over the interpretation of Treaties. Domestic law… Gives equal status to both texts

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

  14. The right of government to govern • Customary rights, common law • Parliamentary sovereignty (kawanatanga) • Constitutional change • Human rights standards and laws

  15. The right to citizenship • Creates a common citizenship • Rights and responsibilities of all New Zealanders • Some discussion about how Pacific peoples and new migrants are included.

  16. The right of Maori to be Maori • Authority to protect and develop (rangatiratanga) • Traditional rights and responsibilities: Reo, tikanga, marae, hapu, matauranga • Contemporary institutions: Kohanga Reo, Wananga, Maori television

  17. The right to equal opportunities and outcomes • A classless society founded on the concept of equality • Needs-based and targeted programmes for specific groups of New Zealanders • Affirmative action and special measures programmes for Maori

  18. Parties to the Treaty • Original signatories & contemporary society • 21st century: Govt & various Maori groupings • Need to be better informed & involved in Treaty decisions for all people incl Maori • Notion of a “third party” to the Treaty

  19. Indigenous, Treaty and Human Rights • International comparisons • Constitutional and group rights • Rights and responsibilities of the collectives • Rights and responsibilities of other New Zealanders – can they too have a sense of Turangawaewae

  20. 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.”

  21. 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.”

  22. 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 ”

  23. WANT TO FIND OUT WHAT THE PARTIES TO THE TREATY SAY ABOUT IT? Crown/Kawanatanga: www.ssc.govt.nz/display/document.asp?navid=229 Maori/Rangatiratanga: www.aotearoa.wellington.net.nz/back/ NZ Public: www.hrc.co.nz/index.php?p=55501 COMMISSION CONTACT DETAILS Webpage: www.hrc.co.nz/treaty Email: treaty@hrc.co.nz Toll Free: 0800 378 254

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