Te Mana I Waitangi: Human Rights & The Treaty of Waitangi

1. Te Mana I Waitangi:Human Rights & The Treaty of Waitangi

2. Human Rights Commission major functions * to advocate and promote respect for, and an understanding and appreciation of, human rights in New Zealand society; and…

3. major functions… * to encourage the maintenance and development of harmonious relations between individuals and among the diverse groups in New Zealand society; * to resolve disputes / complaints of discrimination & racial & sexual harassment

4. The Commission’s powers include: • to inquire into any matter where there may be a breach of human rights – e.g Inquiry into the accessibility of public land transport * to report on any matter affecting human rights – e.g. the Equal Employment Commissioner has recently published Framework for the Future a report on equal employment in New Zealand * to initiate or intervene in Court cases that have human rights ramifications – e.g. case of Algerian refugee Ahmed Zaoui.

5. New Responsibilities • 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. …new responsibilities • to develop a national plan of action for the promotion and protection of human rights in New Zealand.

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

8. 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….)

9. Views of Maori and other New Zealanders diverged significantly and yet there was also considerable diversity within Maori and amongst other New Zealanders. • Negative feelings about the Treaty of Waitangi were associated in part with selective media coverage. • Both Maori and other New Zealanders acknowledged they would benefit from a deeper understanding of the Treaty.

10. 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.

11. What are humanrights? • Universal Declaration of Human Rights • United Nations Covenants & Conventions • ILO core human rights labour standards

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

13. Human Rights in New Zealand today: Nga Tika Tangata ki Aotearoa “Mana Tangata – a uniquely New Zealand statement of the very essence of human dignity”

14. Human Rights in New Zealand today: Conclusions Where New Zealand is doing well - • Democracy • Rule of law • Independent judiciary • Effective government structures • Specialised human rights institutions • Focus on most vulnerable people • Active civil society (Cont’d….)

15. Conclusions….. • Free to say what we think • Read what we like • Worship where & how we choose • Move freely around the country • Feel confident in laws that protect from arbitrary abuse of power (Cont’d….)

16. Conclusions…. Most New Zealanders experience benefits of economic, social, cultural rights: • Education • Health • Affordable healthy housing • Decent work (Cont’d….)

17. Most pressing issues • Children, young people & poverty • Full participation by disabled people • Detention, institutional care & abuse • Economic & social inequalities • The place of the Treaty of Waitangi

18. Human Rights Commission 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

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

20. What are people talking about? • The right of government to govern • The right to citizenship • The right to equal opportunities and equal outcomes • The right of Maori to live as Maori • Indigenous rights, the Treaty & human rights • The right to be informed and participate in Treaty discussions

21. Right of Governmentto Govern • Custom • Common law • Parliamentary sovereignty & authority • The constitution • Domestic & international law

22. Citizenship:the Right to Belong • Rights of citizens • Common citizenship for all • Pacific peoples • Recent migrants

23. Equality • Targeted programmes • Affirmative action • Special measures • To achieve specific outcomes

24. Right of Maori tolive as Maori • Authority to protect and develop • Language & culture • Traditional Maori institutions (marae, hapu, wananga) • Contemporary institutions (kohanga reo, kura kaupapa, radio)

25. Indigenous peoples • Tangata Whenua (Aboriginal / First Nations) • International conventions • Group rights • Other indigenous “New Zealanders”

26. The Parties to the Treaty • Crown & Hapu leaders (1840) • Government and various Maori groupings (2004) • Involvement of the public • Third Party? • Want to be better informed & more involved in Treaty decisions

27. Research • Papers to assist further discussion • Published monographs

28. 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.”

29. 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 ”

30. 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.”

31. 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.