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WHAT IS UNDRIP?

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Stevie Davis-Tana

on 7 April 2014

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Transcript of WHAT IS UNDRIP?

UNITED NATIONS DECLARATION ON THE RIGHTS OF INDIGENOUS PEOPLE
WHY DIDN'T WE SIGN?
IMPLICATIONS FOR MAORI
Effective measures
Some of the implications concerning Māoridom
Shows the Crown and Governments willingness to recognize Māori and strengthens relationship
Solidifies Māori rights and freedoms
Backs up Treaty of Waitangi
However, doesn't cover other cultures in NZ because they're not indigenous
Even though many of the issues that Māori face are faced by them also
Also doesn't cover marginalized groups
Their rights are covered in other places
WHAT IS UNDRIP?
Declaration outlining the rights of indigenous people
Most important development for protection of rights and freedoms
24 preamble paragraphs
46 articles
What's the purpose?
IMPLICATIONS FOR OTHER GROUPS
Disadvantaged non-Māori indigenous people
Rights of indigenous people
Four provisions
Sovereignty, conflict, protection and legal recognition
4 Countries did not sign
Human Rights
Language and Culture
WHY DID WE SIGN?
CONCLUSION
"A landmark declaration that brought to an end nearly 2 decades of continuous negotiations over the rights of native people to protect their lands and resources and to maintain their unique cultures and traditions."
Prevention of discrimination and protection of minorities
"Affirming that indigenous peoples are equal to all other peoples, while recognising the rights of all peoples to be different, and to be respected as such."
What are our marginalized communities?
Disproportionate lack of access to materials
Lack of engagement in influencing societal decisions
Identity and cultural loss for communities
Loss of tradition, identity, families, friends, relationship to land, values and beliefs.
"In keeping with our strong commitment to human rights, and indigenous rights in particular, New Zealand now adds its support to the declaration both as an affirmation of fundamental rights and in its expression of new and widely supported aspiration."
- Māori Affairs Minister,
Dr. Pita Sharples
Connections between Declaration and Treaty of Waitangi
Strengthening relationship between the Crown and Māori
If Māori excels, so will the rest of Aotearoa
"The declaration acknowledges the distinctive and important status of indigenous peoples, their common historical experiences and the universal spirit that underpins its text. The declaration is an affirmation of accepted international human rights and also expresses new, and non-binding, aspirations...New Zealand acknowledges and understands the historic injustices suffered by Māori in relation to their land and resources and is committed to addressing these through the established Treaty settlement process."
- Māori Affairs Minister, Dr. Pita Sharples
Support
purpose of signing
He matua pou whare, e rokohia ana; he matua tangata, e kore e rokohia
who are they?
Francesco Capotorti's definition
Numerical inferiority, non dominant position of the group, different in ethnic, religion or linguistic characteristics from rest of population, desire to preserve culture, traditions, religion or language. (Jabareen, 2012)
Minority groups
Pacific Islanders
Asians
Refugees/Migrants
Children
LBGT community
impact of undrip
They're not covered
Indigenous in own countries
Pacific Islands didn't sign
Face similar issues as Maori
Are we failing to recognize the rights of our marginalized communities? (Just because they're not covered in UNDRIP doesn't mean they don't have rights)
then where?
Universal Declaration of Human Rights
United Nations Convention on the Rights of the Child
references
Manning, B. (2013, December 11). Cencus 2013: More ethnicities than the world's countries. The New Zealand Herald. Retrieved from: http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=11170288

Stevenson, S.M. (2008). Indigenous Land Rights and the Declaration on the Rights of Indigenous Peoples: Implications for Maori Land Claims in New Zealand. Fordham International Law Journal, 32(1). Retrieved from: https://autonline.aut.ac.nz/bbcswebdav/pid-2901587-dt-content-rid-5192350_4/institution/Papers/957502/Publish/Stevenson%20Indigenous%20Land%20Rights%20and%20the%20Declaration%20on%20the%20Rights%20of%20Indig%281%29.pdf

Mackintosh, H. (2011). 'Another tool in the kete': Māori engaging with the international human rights framework. (Unpublished masters thesis). Victoria University, Wellington.

Naomi Johnstone (n.d.). Long standing implications: The UNDRIP and NZ - PostTreatySettlements.org.nz. Retrieved from http://posttreatysettlements.org.nz/long-standing-implications-the-undrip-and-nz/

United Nations Declaration on the rights of Indigenous peoples. (2008). Retrieved from united Nations website: http://www.un.org/esa/socdev/unpfii/documents/DRIPS_en.pdf

New Zealand Government. (2010). Supporting UN Declaration restores NZ's mana. http://www.beehive.govt.nz/release/supporting-un-declaration-restores-nz039s-mana

Hanson, E. (2009). UN Declaration on the Rights of Indigenous Peoples. Retrieved from http://indigenousfoundations.arts.ubc.ca/home/global-indigenous-issues/un-declaration-on-the-rights-of-indigenous-peoples.html

United Nations Declaration on the Rights of Indigenous Peoples. (2008). Retrieved from http://www.un.org/esa/socdev/unpfii/documents/DRIPS_en.pdf

Michel S, & United Nations. (2009). Declaration on the Rights on Indigenous peoples. New South Whales, Australia: Crows Nest Allen & Unwin
Alexandra, X (2010). Indigenous rights and United Nations standards: self-determination culture and land. Cambridge. Cambridge University Press

Unknown (2009) Indigenous foundations. Retrieved March 28, 2014, from http://indigenousfoundations.arts.ubc.ca/home/global-indigenous-issues/un-declaration-on-the-rights-of-indigenous-peoples.html

You tube Video Clip
Brenson, T. (2010) Parliament debate. Retrieved March 25, 2014 from
http://www.parliament.nz/en-nz/pb/debates/debates/50HansD_20130507_00000004/obituaries-%E2%80%94-hon-parekura-horomia
Full transcript