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Home / Kahu

UN report adds heat to Maori rights row

By Paula Oliver
19 Aug, 2007 05:00 PM4 mins to read

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KEY POINTS:

A United Nations report critical of the handling of Maori issues in New Zealand has been seized upon to apply political pressure on the Government over the controversial foreshore and seabed legislation.

The UN's Committee on the Elimination of Racial Discrimination has criticised the Foreshore and Seabed Act,
questioned a proposal to remove Treaty of Waitangi references in statutes, and reiterated concerns about the over-representation of Maori in the prison population.

While it is not the first time an arm of the UN has taken a harsh view of racial discrimination issues in New Zealand, the latest report suggests that the committee believes progress to address its concerns is too slow.

Maori Party Treaty spokesman Te Ururoa Flavell said the report was depressing reading and he was not surprised by the UN's views.

"Just looking at the report, it is obvious how badly we are doing - just seven sentences on 'good'," Mr Flavell said.

Critics of the Foreshore and Seabed Act - which the Maori Party has been trying to gain enough political support to repeal - have also pointed to the UN's concerns as evidence that change to that law is needed.

The 2004 act closed off the possibility for Maori to claim freehold title of the foreshore and seabed through the Maori Land Court, triggered strong protest and brought about the formation of the Maori Party.

The UN report reiterates previous calls for a "renewed dialogue" between the Government and the Maori community over the act, "in order to seek ways of mitigating its discriminatory effects, including through legislative amendment where necessary".

Mr Flavell said the criticism of the Foreshore and Seabed Act by the UN was particularly harsh and it was a "national shame" to see the concerns repeated.

Ngai Tahu spokesman Mark Solomon also argued that the Government could no longer ignore Maori concerns over the act.

"Maori have stated consistently from the very start of this debacle that the Government has ridden roughshod over our rights and the United Nations agrees unreservedly," he said.

"We believe the report provides a constructive road map to address these issues."

But the Maori Party does not have enough support to repeal the act, with National and Labour both opposing its private member's bill.

In response to the UN report, Deputy Prime Minister Michael Cullen told Radio New Zealand it put the Government on notice that it must continue to listen to people over foreshore and seabed claims.

He said the tone of the UN report was less harsh than a previous one, but did not take into account the way in which the Government engaged with iwi.

The UN's sober statements have been met by a combination of support and criticism, with New Zealand First leader Winston Peters particularly scathing about the report's contents.

A bill to delete the principles of the Treaty of Waitangi from statutes is a New Zealand First initiative, and the UN did not like it.

Mr Peters said the report was "meddlesome" and its authors were not experts on the issues they were dealing with.

"If they can tell me what the principles of the Treaty of Waitangi are then perhaps they can set them out in the report," he said.

"I bet you any money you like they can't, so perhaps they should not try to address an issue to which they do not have the answer."

POINT BY POINT

* United Nations report calls for renewed dialogue between the Government and Maori over the Foreshore and Seabed Act.

* Praises the reduction of socio-economic disparities between Maori and Pacific people and the rest of the population.

* Expresses concern about a proposal to remove statutory references to the Treaty of Waitangi.

* Is concerned that steps taken to target programmes and policies on the basis of need rather than ethnicity may have been adopted in a "political climate unfavourable to the rights of Maori".

* Recommends the Government consider granting the Waitangi Tribunal legally binding powers to adjudicate Treaty matters.

* Raises concern that there are no explicit references to the Treaty of Waitangi in the draft school curriculum.

* Calls for efforts to address the Maori prison population to be a high priority.

* Asks for another report in 12 months on several of these issues.

- additional reporting: NZPA

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