HUMAN RIGHTS

1
HUMAN RIGHTS THE TREATY OF WAITANGITe Mana i
Waitangi
2
Human Rights Amendment Act 2001

• 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

• 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?
5
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 New Zealanders diverge
  significantly and yet there is also considerable
  diversity within Maori and amongst other New
  Zealanders.
• There are negative feelings about the Treaty of
  Waitangi associated at least 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

• Strongly focused on the issue of fair treatment
  of the individual
• New Zealand has a relatively good record on human
  rights and major human rights violations are
  generally viewed as an overseas problem.
• New Zealand cannot afford to be complacent and
  could be more proactive about human rights.

(continued.)
8
Specifice rights needing most attention
The right to

• Education
• Be safe from violence
• The highest attainable standard of health
• Freedom from discrimination

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

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

10

• Freedom of expression was also identified as an
  important right, especially for non-Maori, while
  for Maori, the right to Maori language and
  culture was important.

11
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.)
12

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

13
What people said

• My first thought was Aborigines for some reason.
  Aborigines, human rights.
• (Auckland, Maori, female)
• I reckon it depends what you base it off, like
  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.
• (Auckland, Maori, male)

(continued.)
14
What people said

• I dont really follow much about human rights
  but just the right to speak your mind about
  anything thats going on really. Very important.
  Basic human rights.
• (Auckland, non-Maori, under 45 years, male)
• My children have all been taught on human rights
  where as you say when we were at school it was
  never mentioned.
• (Auckland, non-Maori, under 35 years, male)

(continued.)
15
What people said

• Do kiwis have a good knowledge of the Treaty of
  Waitangi?
• 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.
• (Auckland, non-Maori, under 45years, male)

(continued.)
16
What people said

• I think what would help would be if the average
  New Zealand European could really truly
  understand the Treaty. A lot of us have not read
  itI think if that section of the communityread
  it then we would have a better understanding.
  Im not saying that we might agree with it.
• (Auckland, non-Maori, 54,female)

(continued.)
17
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.
• (Auckland, Maori, female)

18
Human Rights Commission work programme

• The development of a discussion paper
• A public dialogue strategy

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Past 18 months

• Carried out research
• Drafted a discussion paper
• Prepared information to assist community dialogue
• Met with a range of politicians, community
  leaders and representatives in the public and
  private sectors.

20
Community dialogue trials

• Groups will be provided with
• An information pack
• A facilitated dialogue session
• A system to provide feedback
• An opportunity to contribute information to the
  New Zealand Action Plan for Human Rights project

21
Draft Discussion Paper

• Working group chaired by Sir Paul Reeves.
• Included Michael Powles and Gregory Fortuin.
• Provided advice on issues to be considered and
  areas to be explored.
• Involved a wide range of other people.

22
Outline of Content

• Human rights framework
• Concept of universality
• Background to Treaty
• Perceived conflicts
• Indigenous rights
• Common ground

23
About the Treaty

• Substance and status
• Rights and duties created
• Who benefits?
• Range of views
• Significance in law and constitution

24

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

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
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.

27
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.