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Discussion on the special theme for the year: “The Doctrine of Discovery: its enduring impact on indigenous peoples and the right to redress for past conquests (articles 28 and 37 of the United Nations Declaration on the Rights of Indigenous Peoples)”.
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Resistance: An Indigenous Response to Neoliberalism is a collection of papers from Maori academics, activists and leaders on the connection between global practices of neoliberalism and the diverse forms of Maori resistance that aim to destablize them.Aotearoa is one of the world leaders of neoliberalism. Successive New Zealand governments since 1984 have pursued neoliberal policies with a faith, vehemence and confidence in their success that few other governments appear to possess.At a time when 'capital flows across borders as it has never done before, and multinational companies have bigger budgets than many states have ever had', this book encourages people to look more closely at Maori views as integral and inspiring in a globalizing world.Resistance: An Indigenous Response to Neoliberalism is edited by Maria Bargh. The other contributors are Claire Charters, Moana Jackson, Bridget Robson, Cherryl Smith, Maui Solomon, Alice Te Punga Somerville, Annette Sykes and Teanau Tuiono.
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"Nga Tai Matatu: Tides of Maori Endurance describes and analyses the position of the Maori people and Maori interests at the start of the third millennium. It also recognises the journeys from the past and makes projections into the future. The book builds on the highly successful Te Mana, Te Kawanatanga: The Politics of Maori Self-Determination but also introduces new issues and canvasses recent developments that have influenced Maori lives and Maori resources. Development is an ongoing process that has distant beginnings and no real ending. That sense of eternity is reflected in the Maori title; like the changing nature of the tide, Maori fortunes also change."--Book jacket.
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Dr Nin Tomas wrote a considered and substantial piece entitled “Indigenous Peoples and the Māori: The Right to Self-Determination in International Law - From Woe to Go” for the New Zealand Law Review published in 2008.² In her conclusion she notes two ways in which self-determination has been implemented by the state: first, by “greater tolerance and benevolence along a series of principled guidelines”,³ and, second, as a “peoples-centred, enabling principle that allows Indigenous peoples to re-establish their social, economic and political institutions”.⁴ In 2010, New Zealand reversed its position and supported the United Nations Declaration on the Rights of Indigenous Peoples (the Declaration).5 With this in mind, this short piece revisits the notion of self-determination by examining the differing dynamics of concepts of external and internal self-determination before a short discussion on pluralism and the relationship between tino rangatiratanga and self-determination. In conclusion some thoughts are offered on a potential form of self-determination that could be consistent with the exercise of tino rangatiratanga.
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In recent years Maori people have adopted many strategies to protect and advance the well being and visions implicit in the exercise of tino rangatiratanga. Much of that work has been done at home, but an increasing number of Iwi and other Maori organisations are now participating in international affairs that are seen to have some relevance to our lives. They are joining a worldwide movement by Indigenous Peoples to reassert their rights and reclaim their rightful place.
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In 2010 Indigenous peoples' rights continued to feature in discussions in a variety of international fora. Indigenous peoples' traditional knowledge (TK) associated with genetic resources (GR) were discussed under the Convention on Biological Diversity (CBD); under the auspices of the World Intellectual Property Office (WIPO) and within the World Trade Office (WTO). The United Nations (UN) General Assembly's Declaration on the Rights of Indigenous Peoples (Indigenous Peoples' Declaration) featured in debate under the UN Framework Convention on Climate Change (UNFCCC); the UN General Assembly's Third Committee; the work of the UN mechanisms with a specific mandate concerning Indigenous peoples; and, in a landmark ruling of the African Commission on Human and People's Rights (African Commission), was adopted by the African Union. International human rights monitoring bodies also advanced their jurisprudence on the rights of Indigenous peoples.
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In this paper I argue that Maori should cite and rely on the Declaration on the Rights of Indigenous Peoples in their legal and political claims as this process can lead to the internalisation of these norms even when states reject them. The paper draws heavily on the case study of the use of the Declaration in a Waitangi Tribunal claim relating to Maori self-determination.
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Discusses the New Zealand position on the adoption of the UN Declaration on the Rights of Indigenous Peoples.
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The UN declaration on the Rights of Indigenous Peoples is a deeply significant document. In 2007, then UN Secretary-General Ban Ki-moon described its signing as an "historic moment when UN Member States and indigenous peoples reconciled with their painful histories and resolved to move forward together on the path of human rights, justice and development for all". This book reflects on the tenth anniversary of the UN General Assembly's adoption of the Declaration and examines its relevance in New Zealand. It shows the strong alignment between the Treaty of Waitangi and the Declaration, and examines how the Declaration assists the interpretation and application of Treaty principles of partnership, protection and participation. Starting from a range of viewpoints and disciplines, the authors agree that in Aotearoa New Zealand the journey to full implementation is now well underway, but warn that greater political leadership, willpower, resources and a stronger government commitment is needed.
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Māori leaders in New Zealand continue the battle to end British colonisation. The aim is to restore the balance between Māori and the Crown guaranteed in the treaty that Māori and the British Crown agreed to in 1840 so that we can live in peace and harmony. Early European visitors subjected our ancestors to numerous atrocities. Relying on the Doctrine of Discovery, they illegitimately usurped our power and dispossessed us, leaving us in a state of poverty, deprivation and marginalisation. They fabricated myths to justify their criminal activities, set up an illegitimate parliament with unfettered powers, passed laws legalising their crimes and then covered it up with amnesia. They established the Waitangi Tribunal in 1975 to inquire into breaches of the treaty, not realising that it would dismantle the myths and look beneath the amnesia. Governments then instigated the ‘treaty claims settlement’ process to extinguish all Māori claims, remove Māori rights and entrench colonisation. Research undertaken has shown that Māori loathe this process and do not accept that settlements are full and final. Research on constitutional transformation has identified a possible solution. The first step towards that goal involves implementing the United Nations Declaration on the Rights of Indigenous Peoples.
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Over the past four decades, international indigenous rights have become a prominent aspect of international law and are now enshrined in the UN Declaration on the Rights of Indigenous Peoples. Yet, while endorsed by Aotearoa New Zealand in 2010, little remains known about how these standards came about, how the international movement that created them was established, and the implications of these standards on national reforms already protecting Māori rights. International Indigenous Rights in Aotearoa New Zealand seeks to answer these questions. This collection of essays places the Declaration in the context of New Zealand rights around such issues as Treaty settlements, mining policy and the status of Māori children. Crucially, it also asks how Māori can hold New Zealand to account against international indigenous rights.
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The article argues that Maori political participation in New Zealand constitutes a positive example of how the current international standards on indigenous political participation can be implemented at the national level. Notwithstanding the weaknesses of the system and the challenges laying ahead, the combination of the Mixed Member Proportional electoral system, dedicated Maori seats and the establishment of the Maori Party have ensured a Maori voice in Parliament and have broadened the possibilities of effective indigenous participation in the political life of the state. Such state practice that implements the 2007 UN Declaration on the Rights of Indigenous Peoples firmly confirms the position of the Declaration within current international law.
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Similar to experiences of Indigenous peoples globally, Māori in the nation-state known as New Zealand (NZ) have been subjected to mass incarceration by the colonial state. Places of detention are dangerous environments for the spread of COVID-19. We are deeply concerned about the potential for disproportionate impacts of COVID-19 on Māori and other Indigenous peoples within these environments as many have health conditions and/or multiple comorbidities compounding the risks of severe illness and death from COVID-19. We call for the NZ government to honour te Tiriti o Waitangi obligations and uphold Indigenous rights contained within the United Nations Declaration on the Rights of Indigenous Peoples and other international rights instruments. A whole-of-government commitment to an equitable public health approach is required to: 1) rapidly reduce the numbers of Māori in sites of detention; 2) implement effective, timely, evidenced informed measures to reduce the risk of COVID-19, in line with World Health Organization recommendations; 3) prevent the torture and cruel, inhuman or degrading treatment or punishment of detained Māori during COVID-19; and, 4) eliminate double-celling. Although focused on NZ, the themes we highlight are likely of relevance for Indigenous peoples across the globe in our collective resistance to the COVID-19 pandemic.
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