UN Called On To Keep Government On-task With Indigenous Rights – Human Rights Commission

Indigenous rights experts have urged the United Nations to keep the Government on track with actions to uphold the rights of Indigenous Peoples in Aotearoa New Zealand.

Speaking to the United Nations Permanent Forum on Indigenous Issues in New York on Wednesday, Te Kāhui Tika Tangata Human Rights Commission’s Rongomau Taketake, Claire Charters highlighted the stalled progress of the national action plan to implement the United Nations Declaration on the Rights of Indigenous Peoples (the Declaration).

“Until it was paused, the process of developing the plan was commendable. It reflected equal governance authority of tangata whenua bodies and the Crown, as premised in te Tiriti o Waitangi and in international law.

“Māori communities we engaged with were clear on what they wanted to see in a plan.

“Actions to strengthen tino rangatiratanga, enact honourable Tiriti partnership, advance equity, and eliminate racism were strong and consistent messages. It was also clear from what we heard, that many whānau aren’t currently able to enjoy their fundamental rights.

“Yet we’re in a state of limbo. Progress on indigenous rights should not be subject to the political mood of the government of the day,” said Charters.

New Zealand’s human rights obligations require the Government to act now to realise Indigenous Peoples’ rights under the Declaration.

Charters requested the UN’s group of indigenous experts and the Special Rapporteur on the Rights of Indigenous Peoples provide oversight of the national plan of action to ensure it continues.

In the same speech, Charters drew attention to the Maranga Mai! Report published by the Commission, which focuses on the impacts of colonisation, white supremacy and racism on Māori.

“The report explains the immense harm endured by generation upon generation of Māori by the process of colonisation – by being disadvantaged and impoverished, including losing 95% of land originally held by Māori.

“Developing an action plan to implement the rights of our indigenous people in Aotearoa is a crucial step forward to address the enduring harm of colonisation,” says Charters.

The report was tabled at the UN Permanent Forum on Indigenous Issues by indigenous rights advocate Tina Ngata.

Charters also presented to the Forum on the indigenous rights dimensions of the recovery from Cyclone Gabrielle and in the context of climate change.

Charters is also Professor of Law at the University of Auckland.

Notes:

Charters’ comments on indigenous rights and climate change are available in the accompanying document.

Charters also spoke in support of Wairarapa Moana, who brought a claim to the Forum:

“Aotearoa New Zealand’s Human Rights Commission supports the Wairarapa Moana group represented here at the Permanent Forum. As they claim, Parliament’s legislative override of their rights to lands, territories and resources, recognised by the independent Waitangi Tribunal and the Supreme Court, is of the utmost concern. Such action is abhorrent to the rule of law, fundamental human rights and Indigenous Peoples’ rights under the UN Declaration on the Rights of Indigenous Peoples.

Wairarapa Moana will be raising this issue with both the Expert Mechanism, the Special Rapporteur and here at the Permanent Forum. The Human Rights Commission requests the United Nations to hold Aotearoa New Zealand to account for these breaches of human rights and Indigenous Peoples’ rights.”