HUMAN RIGHTS

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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.

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.

4
Human Rights the Treaty of WaitangiWhat do
New Zealanders know about either?
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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.)
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.

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.

(continued.)
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Specific rights needing most attention
The right to

• Freedom of expression
• Right to Maori language and culture
• Education
• Be safe from violence
• The highest attainable standard of health
• Freedom from discrimination

(Continued.)
9
Specific rights needing most attention
The rights of children and young people

• To be protected from harm and abuse
• To have enough food to eat, a place to live and
  good health care.

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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)

(continued.)
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• Common ground between UDHR and Treaty
• Little common ground (40)
• Some common ground (21)

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What people said

• human rights in NZ are pretty good In
  Afghanistan you dont want to be persecuted or
  killed or anything. In NZ you want education and
  things like that.
• (Maori, male)

(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)

(continued.)
14
What people said

• No. My kids did it at school and I was just
  shocked. I didnt know anything really. It was
  nothing compared to what I thought it was.
• (non-Maori, under 45 years, male)

(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 itIm not
  saying that we might agree with it.
• (Auckland, non-Maori, 54,female)

(continued.)
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What people said

• I need to be educated about the Treaty of
  Waitangi. Basic human rights. Its my rights as
  a Maori that I should know but its only come to
  the fore in the last 10 years really strong.
• (Maori, female)

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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.
• Draft Discussion Paper
• Regional Symposia
• Facilitated community dialogue

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

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Draft Discussion Paper

• Working group chaired by Sir Paul Reeves
• Provides background to human rights the Treaty
• Discusses key concepts (universality,
  constitution, indigenous rights)
• Invites people to contribute viewpoints
• On web page and also distributed on request

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Symposia

• 6 symposia held in 2003
• Further 10 planned for 2004
• Range of speakers includes historians, lawyers,
  international domestic human rights leaders,
  activists, service providers, iwi leaders,
  governance experts, human rights practitioners,
  academics

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Some issues that are emerging?

• Debate around the parties to the Treaty in the
  21st century
• The impact of the Treaty on the general public
• The Treaty and citizenship
• Status of the Treaty in international law vs
  domestic law
• Right for Maori to live as Maori
• Some clarity around the differences between
  parliamentary, common customary law
• Concern about the place of Pacific peoples
  recent migrants

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Contd.

• Identification of increasing common ground
  between human rights Treaty rights (and
  responsibilities)
• Constitutional change

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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
• 80 facilitators trained nationally

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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

25
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.

26
Bishop Bennett

• The Treaty of Waitangi is not an instrument to
  divide the nation but a way of partnership. The
  only way we can understand the Treaty is to
  realise that it involves both Maori and Pakeha.
  This is not a document of partnership in a
  business sense but a partnership in the sharing,
  not dividing, of resources, because the Treaty
  makes promises and pledges on both sides.
• contd.

27
Bishop Bennett contd

• If you look at the Treaty in its historical and
  political context it is rather more of a
  spiritual than a legal document, so the idea of
  it being a covenant is central. A covenant is an
  agreement based on the promises of two people to
  take the best possible care they can of each
  other

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.

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.