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de Bres , Joris; Noonan, Rosslyn --- "Address at Human Rights Commission Symposia on Indigenous Rights to Mark the International Day of the World's Indigenous Peoples" [2006] AUIndigLawRpr 91; (2006) 10(4) Australian Indigenous Law Reporter 109

Address at Human Rights Commission Symposia on Indigenous Rights to mark the International Day of the World’s Indigenous Peoples - Respecting and Valuing Indigenous Rights

Joris de Bres, Race Relations Commissioner and Rosslyn Noonan, Chief Commissioner

Wellington and Auckland, New Zealand

9 August 2006

It is becoming something of a tradition for the Human Rights Commission to mark the International Day of the World’s Indigenous Peoples in some way every year. This year we are holding symposia in Auckland, Wellington and Christchurch with a variety of speakers to promote discussion on the issue of indigenous rights. The day itself is a reminder that in many parts of the world the languages, cultures, lands, health, wellbeing and even the very survival of indigenous peoples remain under serious and sometimes critical threat.

Given the international focus of the day, it is appropriate to begin by celebrating the recent election of the paramount chief of Ngati Tuwharetoa, Tumu Te Heuheu, to the chair of UNESCO’s World Heritage Committee. All New Zealanders share in this honour, and take pride in the contribution that he has already made and will continue to make to the conservation of world heritage. It is particularly fitting that the first indigenous leader to hold this position should be a direct descendant and successor to Te Heuheu Tukino IV, whose gift of land in 1887 to the people of New Zealand formed the nucleus of not only our first National Park, but also of the world’s first dual natural and cultural World Heritage Area. In the words of Tawhiao, ‘Ko Tongariro te maunga, ko Taupo te moana, ko Te Heuheu te tangata: Tongariro is the mountain, Taupo is the lake, Te Heuheu is the man’.

The Human Rights Commission conducted an extensive review of Human Rights in New Zealand Today: Nga Tika Tangata o te Motu two years ago, in which the recognition of indigenous rights was highlighted as a key issue. The subsequent New Zealand Action Plan for Human Rights: Mana ki te Tangata addressed this concern with a specific outcome that ‘the particular rights of Maori as the indigenous people of New Zealand are respected and valued alongside the rights of all New Zealanders.’

The Action Plan explained that:

‘The recognition of indigenous rights has been the subject of considerable public debate both in New Zealand and internationally. There is developing jurisprudence both in New Zealand and in other countries in relation to self determination, customary rights, culture, language and the relationship between individual and collective rights.
‘The Human Rights Commission’s programme of community dialogue on human rights and the Treaty of Waitangi has indicated the need for continued discussion of these issues, and of how the Treaty of Waitangi encompasses both the indigenous rights of Maori and the rights of all New Zealanders. Three particular challenges were identified:

• To recognise and respect the customary rights of tangata whenua in a way that is fair to all citizens and values the contribution that tikanga Maori makes to the New Zealand identity
• To ensure the rights of Maori to live as Maori and also to participate fully in New Zealand society and
• To affirm for all New Zealanders the right to belong.’

The Action Plan identified two priorities for action:

• To promote public understanding of the rights of indigenous peoples and extend community dialogue on human rights and the Treaty of Waitangi; and
• To contribute actively, with the participation of Maori, to the development of international human rights law relating to the rights of indigenous people.

The Commission has itself actively been pursuing the first priority through a programme of symposia and community dialogues about human rights and the Treaty of Waitangi, which has involved over 17,000 New Zealanders in the past three years. Our recent Statement of Intent for 2006–07 commits us to a continuing programme of work to achieve:

• Increased public understanding of the human rights dimensions of the Treaty of Waitangi;
• Increased public use of reo Maori, and increased opportunities for all New Zealanders to learn it; and
• Increased public understanding and recognition of the rights of indigenous people.

The second Action Plan priority, relating to New Zealand’s contribution to the development of international law about the rights of indigenous peoples, has received something of a setback, as a result of New Zealand’s opposition to the adoption of the draft Declaration on the Rights of Indigenous Peoples. The draft declaration was approved by a majority vote of the United Nations Human Rights Council in June and is due to be considered by the General Assembly in September. New Zealand has indicated that it will vote against its adoption. It will do so primarily because it is not satisfied that there are appropriate limitations on the definition of self-determination (to exclude secession), of free prior and informed consent (on the grounds that this goes beyond a requirement for consultation in good faith and might constitute a right of veto), of the right of indigenous peoples to the lands, territories and resources they have traditionally owned or occupied (which may in effect require the recognition of indigenous rights to lands which are lawfully owned by others) and of collective rights (where they might prevail over the individual rights of a member of an indigenous group).

It is a matter of regret that these sticking points, relating to very few, albeit very important, articles in the draft declaration, have become an obstacle to New Zealand supporting the adoption of the declaration. Overall, in its 48 articles, the declaration is the most comprehensive international statement to date of the rights of indigenous peoples and will do a great deal to clarify what these rights entail. New Zealand has no problem with the vast majority of the provisions.

…

Whatever the outcome at the United Nations, however, there is a need to continue to explore how indigenous rights can best be realised and protected within New Zealand. We have in recent times experienced sharp divisions over such issues as the ownership of the foreshore and seabed, the future of Maori seats in Parliament, and the place of the Treaty in legislation, to mention only a few. Underlying many of these divisions have been different views about collective versus individual rights, and indigenous versus general rights.

We have come under international scrutiny by the United Nations Committee on the Elimination of Racial Discrimination and the United Nations Special Rapporteur on the Rights of Indigenous Peoples. This year we will also have to account to the Committee on the Elimination of Racial Discrimination for our implementation of the Convention on the Elimination of Racial Discrimination in general. We can therefore expect further international scrutiny and comment on our performance on indigenous issues in the coming year. New Zealand’s opposition to the draft declaration has itself attracted some negative comment internationally.

…

What it cannot achieve, however, and what is most needed now within New Zealand, is a further examination of how the actual relationship between the Crown and Maori, which has been through some bruising moments of late, can be strengthened to reflect a genuine Treaty partnership, accepted by the Crown, Maori and the general public. This may involve enhanced constitutional or legislative provisions, the implementation of Crown-Maori relationship instruments currently under discussion, or less structured forums such as hui taumata (summits on specific topics like economic development and education) and paepae rangatira (meetings of Crown and Maori leaders), where both parties have the confidence that they can discuss, if not necessarily resolve, issues on an equal footing. It is most likely to be a combination of a whole range of approaches nationally and locally and in different sectors within an overall relationship framework. It will require both the Crown and Maori to identify appropriate, workable and accountable points of engagement.

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There has been some reference by Maori in our symposia to the importance of further discussion about the nature of rangatiratanga: involving both rights and responsibilities. It has been suggested that a contemporary understanding of rangatiratanga or leadership offers a key not only to strengthening traditional institutions such as whanau, hapu, iwi, roopu Maori, marae and kura Maori, but also thereby to realising important rights and responsibilities such as reo, matauranga, waiora, manaakitanga, kaitiakitanga, whanaungatanga, wairuatanga, tikanga and whenua, for the benefit of both tangata whenua and all New Zealanders.

The United Nations declared a decade of the world’s indigenous peoples from 1995-2004. A key project to mark the decade within New Zealand was Maori Language Year 1995 on the theme of He Taonga Te Reo, A Celebratrion of the Maori Language. Initiatives that year included a national survey on the status of the Maori language and the development of a Maori Language Strategy. The National Government’s commitment at the time, as articulated by the Minister of Maori Affairs, Hon John Luxton, was as follows:

The Government recognises the importance of Maori language and culture and is committed to the revitalisation of te reo Maori. It was decided by the Government to initiate He Taonga Te Reo 1995, A Celebration of the Maori Language. This theme was chosen because it reflected the important relationship between language and culture and was also a response by New Zealand to the first year of the United Nations International Decade of the World’s Indigenous People. This decade recognises the value and diversity of the cultures of the world’s indigenous people and the opportunity to promote an increased awareness of the interests of indigenous people.

Initiatives that year included a national survey on the status of the Maori language and the initial development of a Maori Language Strategy. These initiatives have continued through to the present day, with regular surveys of the state of the language and a current Maori Language Strategy. This has resulted in significant further progress in the regeneration of reo Maori through both community initiatives and government support, including the establishment of Maori Television. Next year will see the introduction of the first ever Maori Language curriculum for mainstream schools, and the first ever comprehensive Dictionary of the Maori Language in Maori. The decline in Maori language usage appears to have been turned around, and general public attitudes to the language have become significantly more positive.

Last year, the United Nations declared 2005-2014 as a second international decade of the world’s indigenous peoples, both to complete the Declaration on the Rights of Indigenous Peoples and to focus further on ‘the solution of problems faced by indigenous people in such areas as culture, education, health, human rights, the environment and social and economic development.’

It would be good to carry through the focus on reo Maori as a strategic outcome for the second decade of the world’s indigenous peoples. It would be even better if alongside this there was a new strategic commitment by government and community specifically for the second decade. This could be to develop and implement an agreed relationship framework between the Crown and Maori that reflects the Treaty of Waitangi and creates the foundation for ‘the particular rights of Maori as the indigenous people of New Zealand to be respected and valued alongside the rights of all New Zealanders.’ Differences of opinion internationally over a few articles in the draft declaration should not distract us from the need to make a practical and significant contribution within New Zealand to the second decade of the world’s indigenous peoples, as we did to the first.

The full text of this speech is available online at the website of the New Zealand Human Rights commission: <http://www.hrc.co.nz/home/> .