Te Mana i Waitangi: Human Rights and the Treaty of Waitangi

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Te Mana i WaitangiHuman Rights and the Treaty
of Waitangi

• Human Rights Commission
• November 2005

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What are humanrights?

• human rights are about dignity, equality and
  security for all human beings everywhere
• Sergio Viero de Mello

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What are humanrights?

• Universal Declaration of Human Rights
• United Nations Covenants Conventions
• NZ Human Rights Act 1993
• NZ Bill of Rights Act 1990

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How are human rights protected?

• Democracy
• Rule of law
• Independent, corruption-free judiciary
• Effective government structures
• Specialised human rights institutions
• Active civil society
• Human rights information and education
• Focus on the most vulnerable people
• Tikanga

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New responsibility

• 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

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Te Mana I Waitangi

• Aim
• That through talking and listening to each other,
  New Zealanders will develop a better
  understanding of human rights and the Treaty of
  Waitangi.
• Activities
• Draft discussion paper
• Regional symposia
• Facilitated community dialogue
• Presentations

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WHAT ARE NEW ZEALANDERS SAYING?

• The Treaty belongs to all New Zealanders

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Some challenges

• Does it privilege New Zealanders of Maori and
  British descent?
• Where do other New Zealanders fit in?

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Some challenges

• How do kawanatanga and rangatiratanga relate to
  each other?
• Exactly what rights are protected byArticle 2?
• Who is disadvantaged if Maori exercise
  rangatiratanga and Maori taonga are protected?
• How can Maori live as Maori in New Zealand?

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Some challenges

• Must equality mean assimilation?
• Must individual human rights clash with
  collective/ group rights?

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Contributing to a national conversation

• What is the place of human rights in New Zealand
  today and in the future?
• What is the place of the Treaty of Waitangi today
  and in the future?

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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.

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Kofi Anan

• far from insisting on uniformity human rights
  are the basic condition for global diversity

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Bishop Bennett

• A covenant is an agreement based on the
  promises of two people to take the best possible
  care they can of each other

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• FOR MORE INFORMATION
• Webpage www.hrc.co.nz/treaty
• Email treaty_at_hrc.co.nz
• Toll Free 0800 378 254