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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 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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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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Topic
- UNDRIP
- autonomy (1)
- civil Rights (2)
- colonisation (1)
- colonisation myths (1)
- constitutional transformation (1)
- crown (4)
- crown policy (2)
- discrimination (1)
- government relations (1)
- human rights (1)
- indigenous rights (2)
- international law (2)
- international relations (1)
- iwi taketake (1)
- kāwanatanga (1)
- labour party (1)
- law (1)
- mana motuhake (1)
- māori rights (1)
- oral history (1)
- print only (1)
- self-determination (2)
- sovereignty (1)
- takutai moana (1)
- tikanga | indigenous law (2)
- tino rangatiratanga (2)
- tiriti o waitangi/treaty of waitangi (4)
- treaty breaches (1)
- treaty claims (1)
- treaty settlements (1)
- united nations (1)
- waitangi tribunal (2)
Resource type
- Book (2)
- Journal Article (3)
- Preprint (1)
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