Indigenous Peoples and Human Rights

July 26, 2024

Maori Battle for Rights as Racism Spreads in New Zealand, Maori Tell United Nations

Kym Hamilton, National Iwi Chairs Forum, speaking at United Nations in July. Screenshot Censored News

Maori Battle for Rights as Racism Spreads in New Zealand, Maori Tell United Nations


By Brenda Norrell, Censored News, July 26, 2024


GENEVA – The increased racism and white supremacy in New Zealand, and the government’s attempts to diminish Maori treaty rights, are causing a regression in Indigenous rights, Maori told the United Nations Expert Mechanism on the Rights of Indigenous Peoples.

"In Aotearoa, New Zealand, we are currently experiencing radical regression of enhanced participation at a state level. The New Zealand government is proposing to repeal the foundations of our treaty that gave them the right of settlement," Kym Hamilton of the National Iwi Chairs Forum told the United Nations Expert Mechanism.

Hamilton said Maori ancestors signed this treaty to protect their sovereignty which was never ceded. The government's proposals would reduce Maori participation and their decision-making on tribal lands and waters, and undermine many of the obligations of the United Nations Declaration on the Rights of Indigenous Peoples, Hamilton told the U.N.

Further, she said the proposals would create greater rates of incarceration, greater disparity in health, greater loss of life, land and water, and erode Maori self-determination. Already, the New Zealand government has defunded Maori organizations which provide for development, health, care of children and land defense, she said.

"Our right to enhanced participation is being regressed."

She said the cost of travel makes it difficult for Maori to share their voices and truth internationally at the United Nations. This could make the difference in important contributions during the discussions.

The New Zealand government’s tax cuts to public service agencies, up to 7.5 percent, benefit the wealthy. While these tax cuts affect Maori, this was done without consultation with Maori, she said.

The government’s agenda will cause significant harm to young Indigenous peoples, continue intergenerational trauma, and silence youth voices and future attendance at events. It will also reduce participation at the United Nations, she said.

The New Zealand government should fund Maori participation in the same manner that it funds the state and diplomatic participation. Further, she recommended hybrid sessions, to allow for participation for those who can not attend the sessions in Geneva. She also recommended a means for Indigenous Peoples to submit statements, which could then be presented.

The rise of racism and hostility directed at Maori was stated in the National Iwi Chairs Forum's written statement to the U.N. Expert Mechanism.

"The New Zealand government’s policy and legislative agenda are intentionally and overtly racist and hostile to Māori, attacking Māori rights, and as a direct result, our whānau or families are reporting increased white supremacist aggression and harm.”

"Right-wing, white supremacy lobby groups are emboldened and growing in number and influence, enabled by New Zealand government agendas that serve the profit of the few over care for people and or lands."

"The attacks on our rights from this government seek to undo Te Tiriti, Te Reo, our language, our land rights, water rights, our health, development rights and our future as indigenous peoples in Aotearoa.”

"Thousands of our people across the country are mobilized and engaged in legal action, hui or tribal gatherings and national protests."

Hamilton was among the leaders from Ngā Rangatahi ā-Iwi and Ngā Pou Tumuaki ā-Iwi o te Motu, National Iwi Chairs Forum, in Geneva for the session.

Urging respect for the Te Tiriti and Maori rights, Hamilton said in a statement in April, "Te Tiriti was signed between our peoples in 1840 with the intent to institute constitutional arrangements that embed and reflect this, to realise the promise of two peoples to take the best possible care of one another and for whānau, hapū and iwi to be self-determining."

Julia Whaipooti. Courtesy photo.

Human Rights Commission: New Zealand Targeting Maori Rights

Te Kāhui Tika Tangata Human Rights Commission’s Tatau Urutahi shared leader Julia Whaipooti presented a statement to the Expert Mechanism.

“New Zealand is often held up as a world leader in recognising Indigenous rights. However, the reality is that in the absence of constitutional protection, Māori rights are extremely vulnerable. Our government is currently working through an extensive law reform programme that looks to diminish and even delete Māori rights.”

Dr Valmaine Toki (Ngāti Rehua, Ngāti Wai, Ngāpuhi) with National Iwi Chairs Forum at U.N. session in July. Courtesy Photo Maori Law Professor Appointed Chair

The 17th session of the U.N. Expert Mechanism began with the appointment of law professor Dr Valmaine Toki (Ngāti Rehua, Ngāti Wai, Ngāpuhi) for chair, which is a subsidiary of the Human Rights Council with over 700 indigenous participants, MSN reports.

Toki, on the Faculty of Law, Te Piringa, at the University of Waikato, was the first New Zealander and Māori appointed to the United Nations Permanent Forum on Indigenous Issues.

Toki's colleague, Professor Margaret Mutu, praised having Toki appointed as chair, and said, "A wāhine Māori from Aotearoa, with significant expertise in indigenous rights and law is a cause for celebration."

“It is ironic that, while Māori expertise and leadership are acknowledged on the international stage, the New Zealand coalition government and political climate has taken our relationship with the state and progress on Indigenous, human and climate rights back more than 40 years.”

National Iwi Chairs Forum statement submitted to United Nations

Tena koutou katoa e nga rangatira, Warm greetings and congratulations to the Chair, vice chairs and the honourable members of the EMRIP, the UN and all the indigenous leaders here today. On behalf of the National Iwi Chairs Forum, thank you for the opportunity to provide a statement and recommendations. I thank EMRIP for the chance to be part of this study in Costa Rica last year and to represent a voice for our people and Indigenous rights defenders. We congratulate and commend the EMRIP on a comprehensive, critically important and useful study on Article 38.

I stand as a mokopuna descendent of Ngati Kahungunu, Nga Rauru and Ngati Raukawa. In Aotearoa, we speak of the Trilogy; in 1835 our tipuna signed He Whakaputanga o te Rangatiratanga o Nu Tireni (known in English as the Declaration of Independence of the United Tribes of New Zealand). In 1840, largely due to lawless colonial settlers arriving, we entered into Te Tiriti o Waitangi with Queen Victoria of England, and we have, of course, UNDRIP. Last year, when we attended EMRIP, we were frustrated at the stalling but hopeful that we were making progress with the New Zealand Government on the enshrinement of UNDRIP in our constitution through a National Plan of Action.

Our Aotearoa Independent Monitoring Mechanism report for 2024 references the devastating impact of the election of a right-wing coalition government formed in November 2023. Aotearoa, alongside other nations, has sometimes been seen to be a leader in working with states to realise Indigenous rights contained in UNDRIP. In less than twelve months , our rights have been regressed by more than forty years.

The New Zealand government’s policy and legislative agenda are intentionally and overtly racist and hostile to Māori, attacking Māori rights, and as a direct result, our whānau or families are reporting increased white supremacist aggression and harm. Right-wing, white supremacy lobby groups are emboldened and growing in number and influence, enabled by NZ government agendas that serve the profit of the few over care for people and or lands. The attacks on our rights from this government seek to undo Te Tiriti, Te Reo, our language, our land rights, water rights, our health, development rights and our future as indigenous peoples in Aotearoa.

Thousands of our people across the country are mobilised and engaged in legal action, hui or tribal gatherings and national protests. There are too many government attacks on our collective rights to list in this intervention but we hope to share more about these and our strategies in our side event later this week. We commend our 2024 Monitoring report to EMRIP as one way to raise awareness and build support for tangata whenua rights and solidarity with other indigenous peoples.

We ask that the EMRIP recommend that the government reverse its current position on the Declaration and resume work in partnership with Māori to develop a robust and ambitious Declaration plan to advance constitutional protections. We also ask that the EMRIP urgently conduct a country engagement follow-up in Aotearoa/New Zealand. Ka whawhai tonu matou ake ake ake. Tihei Mauri ora.


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