Speech to Regional Delegates of the Federation of Ethnic Councils

Paparoa Marae, Te Puna, Tauranga Friday February 22 2002.

E nga waka, e nga mana, e nga reo, tena koutou katoa.

My greetings to this meeting house, Werahiko, to the people of Ngati Ranginui, and to Regional Delegates, Federation members and other guests from around the country.

Thank you for providing me with the opportunity to speak today on human rights issues and the Treaty of Waitangi, with particular reference to the Crown and New Zealand society as a whole¹.

In hui such as this, your hosts and the Federation gather to establish the reality of human rights on the ground. I want to acknowledge the Federation of Ethnic Council's key objectives with regard to the Treaty of Waitangi, especially the aim to raise the consciousness among ethnic communities of the needs, aspirations and status of the Maori people. This is important work and I want to acknowledge your initiative. I hope this hui helps the Federation meet that goal.

Discussion of the principles most central to culture or identity often depend on an atmosphere of trust and willingness. That is why the (often voluntary, often under-reported) gatherings like this perform such a vital function: they provide a forum for people to build understanding together.

Today I wish to address, in brief, some aspects of the Treaty of Waitangi, international human rights conventions and local human rights initiatives.

1 The Treaty of Waitangi

I want to state at the outset that the Treaty can be seen as an inclusive document, one that offers an opportunity for continuing dialogue, inquiry and change. The compact signed by the Crown and Mäori in 1840 established a relationship that is ongoing. I see the discussion of human rights and the Treaty as one that will evolve, especially as (under the Human Rights Amendment Act 2001) the Human Rights Commission has a new statutory function 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.

So it's likely the most useful discussion on the links between human rights and the Treaty are yet to come, and may emerge from gatherings such as this one. But I do believe the bicultural basis of this country remains a sound and unique foundation on which to celebrate New Zealand's multicultural diversity. Part of the reasoning behind this statement comes from my experience as Minister in Charge of Treaty of Waitangi Negotiations. This role gives me a very particular and very privileged understanding of this country's past and brings home to me how much of New Zealand's history lives on in places like this marae with a depth and passion some New Zealanders may not be aware of or have not yet had a chance to share.

I believe government needs to be mindful of the historical facts that continue to have bearing on the present. This government recognises the Treaty of Waitangi as a crucial aspect of our past. The Treaty enabled the settlement and development of New Zealand and established British sovereignty here. At its heart, the Treaty remains a key foundation of our constitutional arrangements and expresses a relationship which involves a balance between the need for Government to govern in the interests of all New Zealanders, and the underlying promise of the Treaty that Mäori should continue to live in New Zealand as Mäori, to have a vital culture. As indigenous people, Mäori do have special status here because their language and culture is unique to this place; its loss here would be a loss for all time.

New Zealand's recognition of the particular position of Mäori is in keeping with international developments and the initiatives of the United Nations in particular. Indigenous people are entitled to the same rights as others in the states in which they live. It has nevertheless been accepted that they also have particular rights that require promotion and protection. The UN has, therefore, taken initiatives such as the 1994 establishment of the International Decade of the World's Indigenous People, setting up a working group to develop the draft Declaration on the Rights of Indigenous People, and the more recent establishment of a permanent forum for indigenous people within the UN system.

For many people, mention of the Treaty might prompt a range of questions about Mäoritanga that are properly asked and answered in hui like this one. And because Mäori are here and will remain here, there will always be opportunities to learn.

2 International human rights

With regard to international human rights developments, New Zealanders are united by the universality of human rights. Fundamental human rights are the same the world over; this general truth applies across the diverse cultural spectrum within New Zealand.

Some of you may have read the independent discussion paper Re-Evaluation of the Human rights Protections in New Zealand. It observed there are a number of issues regarding the Treaty and human rights that might benefit from investigation. For example, section 20 of the New Zealand Bill of Rights Act incorporates Article 27 of the International Covenant on Civil and Political Rights, which states minority groups "shall not be denied the right, in community with the other members of their group, to enjoy their own culture, to profess and practise their own religion, or to use their own language." In 1994 the UN Committee on the Civil and Political Rights stated "the protection of these rights is directed towards ensuring the survival and continued development of the cultural, religious and social identity of the minorities concerned, thus enriching the fabric of society as a whole." And Article 15 of the International Covenant on Economic, Social and Cultural Rights, provides for the right to cultural life.

The point made by the independent panel is that there are clear links between the Treaty of Waitangi and international human rights documents. Taken together these rich statements of intent provide this nation with a unique opportunity to further our understanding of our past and map the future. As I said at the World Conference Against Racism last year this can be a painful process, but "we cannot move forward … unless we confront our pasts. The way we handle this process will determine the future well-being of us all.²"

3 Local developments: the Human Rights Amendment Act 2001

I know many of you will have followed the passage of the Human Rights Amendment Act 2001 with interest. This legislation enhances the capacity and focus of our human rights institutions, gearing them towards more strategic and educational work.

These changes to our human rights laws and institutions aim to create and sustain a human rights culture that enables people to reach their individual and collective potential regardless of their characteristics. To this end the Human Rights Commission is to undertake a National Plan of Action which will to a large extent contribute to a strategic blueprint for a human rights culture in New Zealand. The draft UN Handbook on national human rights plans of action sets out some broad objectives. An NPA is a consultative process that should:

- lead to improved observance and greater awareness of human rights, and

- promote co-ordination of human rights activity in both government agencies and non-governmental agencies

The NPA is an important exercise: I urge you all to support the Commission in its work ahead.

In the 1960s the American historian Oscar Handlin challenged the notion of "the melting pot" theory of cultural assimilation. He observed cultural distinctiveness in new territories. The experience of an increasingly mobile multicultural population bears this out. As the Prime Minister said at Chinese New Year last week, "modern New Zealand has a bicultural foundation, and today is home to many peoples. It is important that we value, honour, and respect all our communities and see our diversity as a great strength."
Hui such as these build on this strength and are premised on a respect that forms part of an understanding of the Treaty today. 1988's Royal Commission on Social Policy spoke of "the mutual respect implicit in [the Treaty]." Today New Zealand can also look to international human rights conventions that inform our behaviour on national and individual levels. As UN High Commissioner for Human Rights Mary Robinson has pointed out, respect for culture is central to several of those conventions. In the twenty-first century we have an opportunity to celebrate the richness of the Treaty and associated international human rights instruments.

Honouring the bicultural foundation of this country does not preclude the development of a vibrant multicultural nation. The Treaty recognised Mäori rights and enabled further settlement. In building their lives and the lives of future generations every group has made a unique contribution to New Zealand. Every group arrived here (and continues to arrive here) with hope and the will to make a difference. Our location in the world demands such tenacity. I'd like to think tenacity and hope are key to the realisation of a genuinely robust human rights culture in New Zealand. It can only help if we continue to seek common ground.

Conclusion
In closing I'd like to refer to the UN Declaration on Tolerance and Diversity, a document with Nelson Mandela as Patron. New Zealand is one of 79 nations that have signed it. In Durban last year I suggested this Declaration can help countries forge a new pathway to redress the grievances of the past while firmly looking to the future. In the record to the UN special debate on tolerance and respect held last year, Mary Robinson suggested "Tolerance was a minimum… Respect went much further. It required a positive response based on the dignity and worth of each individual recognized in the preamble to the Universal Declaration of Human Rights. It involved listening, valuing what had been heard, and embracing difference."

Those who have travelled to these islands over time have made remarkable contributions. This hui acknowledges how much future understanding depends on the goodwill of people talking with each other and indeed how much can come of such dialogue. I wish you all the best in that shared journey.

No reira, tena koutou, tena koutou, tena koutou katoa.

Footnotes

1. The rights of minorities (Art. 27): 08/04/94. CCPR General comment 23. (http://www.unhchr.ch)
2. New Zealand General Debate Statement at the World Conference Against Racism, Racial Discrimination, Xenophobia and Related Intolerance, Durban, South Africa. Delivered by Hon Margaret Wilson, Saturday 1 September 2001. (http://www.mft.govt.nz/foreign/humanrights/wcarstatement.html#top)