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This note reviews New Zealand's state practice regarding Indigenous peoples' rights under international law in 2015 and traces key international developments concerning those rights. In 2015 New Zealand demonstrated support for efforts to improve Indigenous participation in the United Nations (UN) and extend the mandate of the UN Expert Mechanism on the Rights of Indigenous Peoples (EMRIP) to advance implementation of the UN Declaration on the Rights of Indigenous Peoples (UNDRIP). But it indicated that - domestically - the UNDRIP would be implemented within existing legal and constitutional arrangements. There were several noteworthy developments regarding Indigenous peoples' rights during the year. Indigenous peoples and their rights received limited reference in the 2030 Agenda for Sustainable Development agreed by the UN General Assembly (GA) and in the Paris Agreement negotiated under the auspices of the UN Framework Convention on Climate Change (UNFCCC). Nationally, draft bills proposing significant changes to the law governing Māori land and te reo Maori (the Maori language) were released, which will contribute to growing jurisprudence in these areas. In November the text of the Trans-Pacific Partnership (TPP) was made public, which includes an exception clause on the Treaty of Waitangi (Treaty). The UN Committee against Torture (CAT) and the UN Working Group on Arbitrary Detention (WGAD) commented on the human rights situation of Māori. The GA, the UN Human Rights Council (HRC), international human rights treaty monitoring bodies and others also devoted attention to Indigenous peoples' rights in the course of their work.
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In Aotearoa New Zealand the ways in which indigenous claims to lands and waters are addressed are often looked to as good, or even best, practice by indigenous peoples around the world. While things are far from perfect, in recent decades Maori have succeeded in changing perceptions about the Treaty of Waitangi as the foundation of the nation, and work steadily continues on settling outstanding Treaty claims. The resulting Treaty of Waitangi settlements are negotiated arrangements which aim to remove a sense of historical grievance and achieve significant rebuilding of the Maori economy. They are seen by some as dynamic and powerful steps towards economic independence, as a means of recognising special relationships to lands and waters, and a necessary prerequisite to improved relationships between the state and the indigenous Maori in the future. ¹ Critics see the settlements and the processes followed to reach them as too heavily weighted in the government's favour. ² They argue that the settlements do not sufficiently compensate for actual losses. They are said to pit Maori against Maori. Diverse claimant groups are effectively forced to negotiate within standardised and fixed parameters. For these and other reasons, the settlement agreements, policies and processes have been labelled as divisive and compromising self-determination. ³
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Summary: "The third in a series committed to discussions of Te Tiriti o Waitangi/Treaty of Waitangi issues. These essays from leading scholars and researchers take a dynamic approach to understanding Tiriti/Treaty relationships, acknowledging the ever-evolving interplay between the Crown and Māori through time. The book addresses pressing issues like Treaty principles, sovereignty, the UN Declaration on the Rights of Indigenous Peoples, and manawhenua relationships to Te Tiriti and settlements. It emphasises the roles of tikanga and rangatiratanga in fostering genuine progress, and envisions a future guided by these principles in advancing Māori-Crown relationships"--Publisher's website.
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