JUFN 05 - Legal History of Minorities Project 2 – Ethnic Minorities

1. JUFN 05 - LegalHistory of MinoritiesProject 2 – EthnicMinorities New Zealand and the Māori Audrey Boin Matilda Funkquist Eléonore Pierre Charlotte Van Themsche

2. Summary • The early culture • The early religion • Māori people and their history • Māori nowadays • Māoriand international law • Draft Constitution

3. Most of the Māori population is concentrated in the Northern and Eastern sides of the country.

4. The earlyculture • Māori – ”local”, ”original” and ”the people of the land” • Iwi – tribe • Whānau – family • Tapu – sacredobject with special rules • Ta moko – sacred tattoos • Mārae – meeting house

5. The early religion • Māuri – all things contains a life force • God stick – different depending on which God they use • In early 19th century most converted to Christianity.

6. Māori people and their history • Their arrival in New Zealand around 950-1130 AD. • The discovery of the New Zealand by the Settlers in XVII – XVIII • The treaty of Waitangi 6th February 1840 • The Native Land acts of 1862 & 1865 and the loss of lands of the Maori in the advantage of the Settlers Maori leader TāmatiWākaNene issigning the traty of Waitangi in front of British officials and witnesses

7. Māori people and their history • The Māori Representation act of 1967: the four Māori parliamentary seats • Mistranslations of the treaty and domination of the Pakehas • The decline of Māori population and culture in the late 19th • The influence of the European culture

8. T E N S I O N S C O N F L I C T HUMAN RIGHTS REVENDCATION 17thcentury: First european 14thcentury: Maori settlement 1840: Treatyof Waitangi

9. Times of tension 1867 1862 & 1865  1852 1840 British Constitution and Government Representation in Parliament Native Land Acts ; creationof Native Land Court Treaty of Waitangi

10. Māori nowadays Political representation • Māori Representation Act (1867) • Secret ballot – Electoral Amendment Act (1973) • Number of Māori seats – Electoral Act (1993) • Proportional representation system • Maori Party (2004)

11. New Zealand Parliament

12. Māori nowadays Administration • “TuTangata” policy (“People standing all”) • Ministry of Māori Affairs (1988) Hon Dr Pita R. Sharples – ministry of Maori affairs

13. Māori nowadays Waitangi Tribunal and Compensations : • The poverty of the Māoris in urban areas • The Māoriprotest and the Waitangi Tribunal (1975) : compensations for the spoliation of the Māoris • Conservative Act (1987) & Resource Management Act (1991) • Offers of compensation in 90’s • Maori claims of self-determination and spiritual attachment to their land The Waitangi Tribunal composed of senior representatives of Pakeha and Maori

14. Māori nowadays MinorityRights • New Zealand Bill of Rights Act – BORA (1990) • Human Rights Act (1993) Articles 19 and 20 of the BORA Article 19. Freedom from discrimination (1) Everyone has the right to freedom from discrimination on the grounds of discrimination in the Human Rights Act 1993. (2) Measures taken in good faith for the purpose of assisting or advancing persons or groups of persons disadvantaged because of discrimination that is unlawful by virtue of Part 2 of the Human Rights Act 1993 do not constitute discrimination. Article 20. Rights of minorities A person who belongs to an ethnic, religious, or linguistic minority in New Zealand shall not be denied the right, in community with other members of that minority, to enjoy the culture, to profess and practice the religion, or to use the language, of that minority

15. Māori nowadays Language and schools • Māorilanguage revival • The Māori Language Act (1987) • Māori-language schools (“Kura KaupapaMaori”) Current reality • Unskilled employment • Poor living conditions and health • Inadequate housing • Violence and criminal behavior • Fragmentation of indigenous knowledge

16. Maori and International Law '' Protection of minorities is the protection of non dominant groups which, while wishing in general for equality of treatment with the majority, wish for a measure of differential treatment in order to preserve basic characteristics which they possess and which distinguish them from the majority of the population. '‘ UN Sub-commission on the Prevention of Discrimination and Protection of Minorities

17. The Māori as a minority • Non dominant : under-represented in legislative and executive authorities. • Group : the Māori population shows a great solidarity and a true link to the idea of the Iwi, the tribe, the clan (main social unit). • Measure of differential treatment : for instance, explicit protection of their cultural heritage. • Specific basic characteristics : language, customs, attachment to their specific homeland (as sacred).

18. International lawtowardsMāori : an application restricted de facto • Use of the Common Law • No written constitution • Dualistic system : domestic / international law • No direct integration of international conventions • Compulsory ratification or transposition

19. Consequences • Few treaties applied ; among them, none deals with indigenous rights protection. • Possibility to enact an Act of Law contrary to International treaties, of Human Rights in general (no litigation possible). • Nearly discretionary power for the Parliament, where a majority of Pakeha seat.

20. Constitution Article 1 '' All citizens of New Zealand are equal in rights and claim their attachment to the Human Rights. Either New Zealand should ratify international conventions and treaties or adopt intern acts dealing specifically with minority rights.” • Need for further protection of minorities' rights (Māori, as well as other peoples). • Special attention towards health, employment...

21. Article 2 The Māori People ought to live according to their culture, and to be able to use naturalresources for theirownsubsistence. • Inuit example - Canada • Ability to fish, hunt on the lands. • Wider the access to the coastclosed in 2004 through the Foreshore and SeabedAct. • Open derogation for hunt of protectedspecies.

22. Article 3 '‘ The electoral system ought to bebuiltso the accessiseasy for everycitizen.'' Main goal : reduce the cost of voting. How ? • Reducing the distances of pollswith the Māori's homeland. • Increasing the number of Māoriwithin administrations. • Encouraging the Māorito run as representative for the reservedseats in Parliament.

23. Article 4 “The decisions of the Waitangi Tribunal are binding.” • Empowering a fundamental institution for Maori’s rights. • Appropriate compensations • Financial or land transfer