UN declarations 'are obligations'

Last updated 10:34 21/04/2010
Pita Sharples
UN

UN DECLARATION: Maori Party co-leader Pita Sharples at the United Nations forum on Indigenous Issues.

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United Nations declarations are often a first step towards binding conventions, public law specialist Mai Chen said today, a day after the Government's affirmation of the Declaration on the Rights of Indigenous People.

Maori Party co-leader Pita Sharples, in his role as Maori Affairs Minister, made the announcement in New York yesterday.

ACT, which is also a government support partner, was upset it was not told the affirmation would be made, especially as it strongly disagrees with it.

The declaration sets out the rights of indigenous people, including ownership of land they have always occupied and protection of their language and culture.

It is non-binding but the previous government refused to support it over legal concerns.

The Government said it was simply "aspirational" and its support statement carried the caveat that New Zealand's laws would define the bounds of engagement with the declaration, and it would not impact on the Treaty of Waitangi.

But though Dr Sharples told the UN there were no caveats to New Zealand support, Prime Minister John Key played down the significance of the declaration, saying it would have no practical effect.

Maori Party MP Hone Harawira told Radio New Zealand this morning the declaration would be used by Maori to bolster claims before the Waitangi Tribunal and in courts.

ACT leader Rodney Hide said it set up separate rights for Maori.

"The fact that the Government has ratified this is a big deal because people will be looking to this UN declaration for guidance... The signing up to this I believe is a breach of National Party to their core philosophy and their voters."

Ms Chen told the broadcaster that the declaration did have meaning or the UN would not have spent 20 years pursuing it.

"Declarations are often a precursor to conventions... We're on the first step. I understand what everyone said about aspiration etc but I do worry the legal advice seems to have changed."

Some states signed up while making it clear they would not follow through, but that was not acting in good faith.

"New Zealand has to be a global citizen, we've always been a law taker not a law maker, we're too small and that is the evolving international consensus, the evolving international customary law on indigenous people we do need to have some cognisance of it."

Domestically the declaration would also have an impact.

"Declarations, never-the-less, are international obligations and they do form part of the backdrop, the context within which courts do interpret, but it's not just courts its the Waitangi Tribunal and its also direct negotiations."

Ms Chen said in 2007 the then Labour Government decided not to affirm the declaration based on Crown Law advice, over concerns the whole country would be caught in the scope of the declaration.

"They talked about the provisions on redress and compensation, again the entire country would appear to fall within the scope of the article, and the text generally takes no account of the fact that the land might be occupied or owned legitimately by others."

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Ms Chen said the declaration would "shape" Maori expectations in negotiations.

MAORI PARTY DUPED - GOFF

Prime Minister John Key played down the significance of the declaration, saying it would have no practical effect, while the Maori Party claimed it as an international success.

Labour leader Phil Goff said the Government was saying one thing to the Maori Party and another to everyone else.

"I think Pita Sharples has been duped," he said.

"He's been told this is something that really does count, at the very time John Key is saying it's meaningless and counts for nothing."

Mr Goff said Mr Hide's attack was a serious matter for the Government.

"What we're seeing is the impossibility of balancing the interests of the ACT Party, the Maori Party and the National Party," he said.

"The National Party doesn't believe this makes any difference...they've done this to buy the support of the Maori Party and they did it in secret."

- NZPA

76 comments
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kjones   #76   01:12 pm Apr 22 2010

Mr key is playing a pretty tricky balancing act. there'll be tears before lunchtime...

RJL   #75   01:00 pm Apr 22 2010

You have to remember that the UN declaration is not *really* about the indigenous culture at all.

It is really all about the (primarily) western European cultures that colonized other parts of the world, and the sense of our modern cultures that this colonization process (which created our modern cultures) was unjust and that this injustice should be redressed and minimized.

So whether or not a particular "indigenous" culture is really indigenous (or merely an early invader) or whether or not the indigenous culture is "deserving" are irrelevant. What is important is whether or not a culture was steam-rolled (totally or partially) by the expansion of European cultures.

The declaration is about the morals and beliefs of the people *making* redress for past injustices. It is not (mostly) about the people who are receiving redress for past injustice.

John56   #74   11:23 am Apr 22 2010

@ Rangi #55. Let me get this straight. You think the UN are correct when they labelled the FS&SB act as "manifestly racist" and in the next sentence state that ‘Double standards & ineffectiveness is rife at the UN’.

Joan   #73   09:18 am Apr 22 2010

the votes for this declaration were something like 143 for, 4 against. the four were Australia, Canada, America and New Zealand. The first 3 have had the dreadful indigenous rights records, so what does that make us look like?

Also, reading the actual declaration helps to clarify the real issue, which is about recognition and protection from discrimination and assimilation...not about the finger-pointing and name-calling that goes on in our petty government.

Darren   #72   03:33 am Apr 22 2010

NZ is markedly different to other nations in how colonisation has taken place. This UN declaration is beneath us. NZers should not have to feel the ire or guilt of other nations such as Australia or America in how we have treated 'indigenous' people. This declaration starts from the assumption that indigenous people have been grossly maltreated. Gross maltreatment can be seen in Australia- Aboriginals were considered part of the nations fauna until 1967. ie. NOT HUMAN. Maori people have significant opportunities in NZ. Therefore, John Key is a buffoon.

Ed   #71   11:46 pm Apr 21 2010

"Redress and justice, ah 4 goodness sake #50 - get on with y' life and stop bleating."

That's rich coming from us Kiwis - hand wringing apologists to the world!

Lola   #70   07:58 pm Apr 21 2010

@ Emma #52 - tell that to the BNP party which is gaining popularity in the UK with there, as well as the cries of "British jobs for British workers" that were common statements when I was living there last year. Especically considering to many of these people you are only British if you are white.

NZer.   #69   07:37 pm Apr 21 2010

We all came from somewhere and we were all subjugated by another race or culture at one time or another. If ever there was a race in NZ put upon it was the Chinese. Do you hear them bleating about the injustices of the past ? No you don't. Maori need to stop bleating and holding out their hands and look at how they can narrow the gulf that exists between their race and the rest of NZers. We are a multi-cultural society not a bi-cultural society.

100% Kiwi   #68   05:44 pm Apr 21 2010

"The adjective indigenous has the common meaning of "from" or "of the original origin". Therefore, in a purely adjectival sense any given people, ethnic group or community may be described as being indigenous in reference to some particular region or location"

I was born in New Zealand therefore I am indigenous to New Zealand. I am a Kiwi and always will be no matter what my skin colour and neither Mr Key, The Maori Party or even the mighty UN can ever take that away from me.

dmc   #67   05:39 pm Apr 21 2010

Our Waitangi treaty resolution process basically defines much of how we address indigeneous rights issues. And so it should; our treaty tribunal process is more advanced, detailed, and practical than any guiding non-binding international declaration can be. Saying that, not signing the Convention has opened NZ up to a fair bit of criticism overseas, often because those criticizing are not aware of our quite unique efforts (the tribunal) to redress wrongs of the past. This is about our image overseas, and signing probably will not, and should not, change how we are going about these issues. Personally, I think our efforts for 'justice and redress' are miles better than what I have seen nearly everywhere else in the world, including many other signatories of this declaration. We should all be proud of this. And we should be ashamed that so many people in our country ignorantly think addressing the wrongs of the past is divisive and not in our overall interest. Its only divisive because of their narrow-minded attitude.


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