Recognising and protecting the rights of indigenous people.

Last month, indigenous people around the world celebrated the International Day of the World's Indigenous People, August 9. Sadly, the day received little recognition in Aotearoa New Zealand. There is also little awareness here of the Second International Decade of the World's Indigenous People and its focus "Partnership for Action and Dignity". The decade runs until 2015.

More than 300 million people in some 70 countries worldwide identify as indigenous, including Maori. Last month, we had the opportunity to review our practices and Fate how well we do as a country to ensure these world citizens have their indigenous rights protected. This includes the Fight to make choices that enable them to retain their cultural identity while participating in political, economic and social life, with full respect for their cultural values, languages, traditions and forms of social organisation.

Maori are termed indigenous "because they were living on their lands before settlers came from elsewhere; they are the descendants, according to one definition, of those who inhabited a country or a geographical region at the time when people of different cultures or ethnic origins arrived, the new arrivals later becoming dominant through conquest, occupation, settlement or other means". (1)

What is the problem with identifying as an indigenous person, tribal and Maori? To the fair minded, the answer would clearly be there isn't one. However our Government thinks differently. The 2006 Ministry of Social Development Social Report Indicator: Perceived Discrimination highlights that Aotearoa New Zealand still struggles with difference and equality. An end to prejudice and discrimination means that honouring Te Tiriti o Waitangi must be genuine. This could be demonstrated very simply if the Government endorsed the Draft Declaration on the Rights of Indigenous Peoples this month at the United Nations (UN) General Assembly.

Work on the draft declaration has been going on for the last 20 years, but sadly Aotearoa New Zealand has yet to endorse it. The draft declaration will not be legally binding on states but will provide a minimum standard for international treatment of indigenous peoples. The standard sets a framework and foundation for the possibilities for future development.

August 9 marked the day of the first meeting, in 1982, of the UN Working Group on Indigenous Populations. The draft recognises the right of indigenous peoples and individuals to be free from discrimination on the grounds of origin or identity (Article 2), including in employment (Article 18). It affirms the individual entitlement to a nationality (Article 5). The freedom from acts of genocide is acknowledged, and it is emphasised that forcible removal of children can amount to such an act (Article 6). Maori have recently had the opportunity to choose whether to be on the Maori electoral roll or general roll The Maori option demonstrates the right of Indigenous peoples in this land to have Maori political representation in parliament. There are currently seven Maori electorates. Once the analysis of enrolments is completed by February next year, it is possible an eighth Maori seat will be established.

Our Government supports this recognition of indigenous rights, yet remains hesitant to support further development for Maori through supporting the Declaration on the Rights of Indigenous Peoples.

Development is a concern for indigenous peoples as, all too often, their needs and cultural knowledge are ignored. When we fail to agree to Maori developing confidently we show disrespect, not only towards Te Tiriti o Waitangi, but also to the social and economic privileges that many in Aotearoa New Zealand enjoy when so many in this country and around the world do not. As the Rev Maori Marsden has said, we must "secure the principles of the Treaty of Waitangi by entrenchment it in law". (2) It is not time to discuss removal of these principles but more a time to enter the realm of potential--Te Korekore.

References

(1) Office of the High Commissioner of Human Rights. http://www.unhchr.ch/html/menu62/fsg.htm. Retrieved 28/7/06.

(2) Marsden, M. (2003) The Woven Universe: Selected Writings of Rev Maori Marsden. The Estate of Rev Maori Marsden.

Report by NZNO policy analyst Maori Sharon Clair