draft declaration on the rights of indigenous peoples down the toilet?
15 Dec 2004
|
With the United Nations (UN) Decade of Indigenous Peoples drawing to a close it seemed as though the past 10 years of hard work to formulate a Draft Declaration had been almost in vain. So much so that several indigenous members resorted to hunger striking in protest.
Where there had once been clear and consolidated support - a united front of sorts - within the indigenous working group, a shambles of back door deals, free for all introduction of changes, and efforts to stymie the process were the order of the day, with the NZ Government (alongside several other Governments) leading the charge to marginalise any rights the Declaration would accord Indigenous Peoples. The UK Govt representative ventured so far as to request the removal of all references to the rights of Peoples.
Why must we be concerned?
1. NZ Govt Failure to Act in Good Faith - The NZ Government has demonstrated its commitment to the derogation of Indigenous rights in this Forum, particularly in its promulgation of the CRP1 document. For instance, when has obtaining the advice of Te Puni Kokiri been considered consultation with Maori? The NZ Government representatives deemed it entirely adequate, and were busily purporting Maori support for their proposals.
2. International instruments such as the Declaration hold considerable weight in countries that have signed them for two reasons. Firstly, there is considerable peer pressure on States to conform (or at least be seen to be). Secondly, regardless of whether they have been incorporated into domestic law, courts will often grant them persuasive power on the basis that a government would not sign if it did not intend to uphold these instruments. It is up to Maori to ensure that our rights are preserved and accorded due recognition.
3. Without the solidarity among iwi taketake that has been effective thus far, states will continue to deny Indigenous Peoples in their territories the status of peoples, the right of self determination and rights over land and resources.
What's next?
Although nothing has been confirmed, the past week has seen support from many quarters in the UN for an extension of the Decade. Some say extend merely by a year, others advocate a second Decade in order to fulfill on the original objectives.
What can you do?
|
