UN to check whether foreshore law breaches Maori rights

Rodolfo Stavenhagen

The Government is bracing itself for embarrassment ahead of a probe by a United Nations expert coming to check whether new foreshore laws have breached Maori rights.

The request by Rodolfo Stavenhagen to be invited to New Zealand followed Government criticism of a report on the issue by the UN Committee on the Elimination of Racial Discrimination.

Prime Minister Helen Clark described the committee's process as "most unsatisfactory", and downplayed the body's status.

"This is a committee that sits on the outer edges of the UN system."

Professor Stavenhagen, a Mexican researcher who reports to the UN Commission on Human Rights, arrives this week.

He will attend four hui, including a major one at Parihaka at the weekend, where he can expect to hear severe criticism of the Government.

Deputy Prime Minister Michael Cullen, who crafted the foreshore law, will meet Professor Stavenhagen. Dr Cullen declined to comment yesterday.

Professor Stavenhagen has angered Governments where he has scrutinised their conduct and recommended reform.

The Philippines labelled a critical report by him in 2002 as a "litany of unsubstantiated allegations and ridiculous recommendations".

The committee report, following a complaint by Ngai Tahu, the Taranaki Maori Trust Board and Treaty Tribes, criticised the haste in enacting the foreshore and seabed legislation and the lack of consideration given to alternative plans.

It found the legislation racially discriminatory, saying it extinguished the possibility of establishing Maori customary rights, yet failed to provide guaranteed redress.

Maori Party co-leader Tariana Turia, who will be at Parihaka and will meet Professor Stavenhagen separately, said: "The Government is embarrassed that he has come, first and foremost because they ridiculed the report.

"Now they are going to have to front up and it's going to be very interesting to hear what they have to say."

The legislation was an international embarrassment, she said.

National deputy leader Gerry Brownlee said the visit would be significant for the Government, which places great store in the role the UN plays in upholding human rights.

"It will be, to say the least, testing for them to have a rapporteur here very carefully questioning the way in which they have dealt with the indigenous rights of Maori."

The mission

* To gather information and investigate complaints of violations of human rights and fundamental freedoms of indigenous peoples.

* To formulate recommendations to the state involved and the UN to remedy human rights abuses.