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Reinforcing the Rights of Maori: A possible marriage between the Treaty of Waitangi and the International Declaration on the Rights of Indigenous Peoples?
Reinforcing the Rights of Maori: A possible marriage between the Treaty and the Declaration on the Rights of Indigenous Peoples?
- The Declaration "affirms the minimum standards for the survival dignity and well-being for indigenous peoples all over the world"
- 144 states voted for the Declaration
- 4 voted against (incl. NZ!)
The Relationship between the
Declaration and the Treaty
- Protect indigenous rights
- Parlimentary control
- International instruments
The Treaty is regarded as an international instrument as it was signed by two states; the iwi of New Zealand and the British crown. Upon signing, New Zealand became one state.
Some believe it doesn't alter NZ's legal landscape; "merely an aspiration"
Toki (2010) argues "complements and assists Maori judicial and political action, adding another layer to the existing indigenous rights regime"
The Declaration is "an affirmation of the Treaty principles and assists in the analysis of the relationship between indigenous peoples and state governments".
How are Maori currently asserting
their rights in Court?
Potential responses by
NZ Courts
Case law illustrates that courts not prepared to ignore international obligations
- Tavita, Huang, Ye
- Haka
- Criminal liability
- Land
Thoughts for the
Future...
Superior
law?
Questions??
Why did New Zealand vote
AGAINST the Declaration?
Article 26 states that "indigenous peoples have the right to own, use, develop or control lands and territories that they traditionally occupied or used"
- Could potentially capture NZ's entire land mass
Articles 19, 28, 32
- Veto
- Informed consent
Introduction
Similarities
Differences
Principles vs.
specific rights
Powerful combination?
A Treaty of Waitangi/
Declaration Court?
Ordinary Law?