Your SlideShare is downloading. ×
Dr Manuka  Henare
Upcoming SlideShare
Loading in...5
×

Thanks for flagging this SlideShare!

Oops! An error has occurred.

×

Saving this for later?

Get the SlideShare app to save on your phone or tablet. Read anywhere, anytime - even offline.

Text the download link to your phone

Standard text messaging rates apply

Dr Manuka Henare

2,653
views

Published on

Dr Henares\' presentation on "He Whakaputanga o Te Rangatiratanga o Niu Tireni"

Dr Henares\' presentation on "He Whakaputanga o Te Rangatiratanga o Niu Tireni"


0 Comments
0 Likes
Statistics
Notes
  • Be the first to comment

  • Be the first to like this

No Downloads
Views
Total Views
2,653
On Slideshare
0
From Embeds
0
Number of Embeds
0
Actions
Shares
0
Downloads
37
Comments
0
Likes
0
Embeds 0
No embeds

Report content
Flagged as inappropriate Flag as inappropriate
Flag as inappropriate

Select your reason for flagging this presentation as inappropriate.

Cancel
No notes for slide

Transcript

  • 1. Is Te Tiriti o Waitangi a Human Rights Document? Is the Treaty of Waitangi a Human Rights Document? Manuka Henare University of Auckland Business School Mira Szászy Research Centre Human Rights & The Treaty of Waitangi Seminar Legal Research Foundation/Human Rights Commission Stone Lecture Theatre, Law School The University of Auckland 10 June 2003
  • 2. Māori Philosophical Metaphysical & Historical View • To answer the question(s) – Tiriti/Treaty as human rights document • Focus on Te Tiriti – Māori language used & not English • Offer two short answers – – Te Tiriti - Māori version is a human rights document – The Treaty? – I‟m not sure - it has no effect until parliament gives it effect - the Treaty is thus not a source of human rights, but parliament is the source of rights • Māori intentions in agreeing to a treaty with the British Queen • Māori philosophy/metaphysics & ethics are important • Historical context of treaty making is important (Henare 2001) University of Auckland Business 2 School
  • 3. Moral principles of leadership 1840? • What was the moral basis upon which Māori leaders ceded sovereignty in perpetuity? • No Māori evidence that cession was intended in 1840 • There is evidence that Māori wanted a protectorate relationship with the British – In return some settlers could live in Nu Tireni (Henare 2001) University of Auckland Business 3 School
  • 4. Philosophy, metaphysics & ethics • … Māori see themselves as descendants of spiritual powers, and as such are partners with those powers in a physical and spiritual universe. I have argued elsewhere that Māori philosophy and metaphysics constitutes a philosophy of vitalism and humanism, which I have defined as “the belief in an original singular source of life in which that life continues as a force which imbues and animates all forms and things of the cosmos (Henare 2001) University of Auckland Business 4 School
  • 5. Philosophy of Vitalism –Matrix of -Ethics 1830s Te ao mārama Ethic of wholeness, cosmos Te ao hurihuri Ethic of change and tradition Tapu Ethic of being, potentiality, sacred Mauri Ethic of life essence, creation Hau Ethic of obligatory reciprocity Mana Ethic of authority, common good Tika Ethic of finding the right way, justice Whānaungatanga Ethic of belonging, dignity of humanity Wairuatanga Ethic of spirituality Kotahitanga Ethic of solidarity Tiaki Ethic of guardianship Hohou rongo Ethic of peace, reconciliation, restoration Kotahitanga Ethic of solidarity of people, natural world Manaaki Ethic of love and honour, reciprocity (Henare 2001) University of Auckland Business 5 School
  • 6. University of Auckland Business 6 School
  • 7. Pluralism Ethics & Monism • Clash of world views, ethics & notions of society and nation • Pluralism ethics of Māori – vitalism & cosmos • Monist tendency in English ethics and jurisprudence 1820-1830s – utilitarianism, secularism and positivism (Henare 2001) University of Auckland Business 7 School
  • 8. Phenomenon of nation-building • Hongi Hika‟s handshake with King George IV, 1820 •Rangatira Letter to King William IV, 1831 • Meeting James Busby, British Resident, 1833 • First national flag of Māori nation, 1834 - te Kara • Rangatira and international law – de Vattel & Ionian Islands • Declaring Independence “He Whenua Rangatira”, 1835 – He Whakaputanga o Te Rangatiratanga o Nu Tireni (Henare 2001) University of Auckland Business 8 School
  • 9. He Whakaputanga o Te Rangatiratanga o Nu Tireni 1835 Declaration of Independence • Clause 1.  Hereditary leaders gather at Waitangi, 28th October 1835  Agree to act in a collective capacity  establish a Sacred Confederation of Tribes  declare the independence of Nu Tireni (Henare 2001) University of Auckland Business 9 School
  • 10. Declaration of Independence Te Whakaputanga o Te Rangatiratanga o Nu Tireni • Clause 2 • power & authority resides in leaders in their collective capacity • no legislative authority outside themselves • no function of government unless appointed & acting under law enabled by Congress (Henare 2001) University of Auckland Business 10 School
  • 11. Declaration of Independence Te Whakaputanga o Te Rangatiratanga o Nu Tireni • Clause 3 • hereditary leaders to meet in annual Congress • to frame laws for dispensation of justice • preservation of peace & good order • regulation of trade (Henare 2001) University of Auckland Business 11 School
  • 12. Declaration of Independence Te Whakaputanga o Te Rangatiratanga o Nu Tireni • Clause 4 • send Declaration to King William IV • thanks for acknowledging flag 1834 • reciprocate for friendship & protection • King‟s subject allowed to live in Nu Tireni • help infant Māori state, be protector (Henare 2001) University of Auckland Business 12 School
  • 13. James Busby‟ Explanation • The Māori Declaration of Independence 1835… • “…is founded upon the principle of the protecting state, administering in chief the affairs of another state in trust for the inhabitants, as sanctioned by the Treaty of Paris (1815), in the instance of Great Britain and the Ionian Islands, and as applied…in various instances, on the borders of our Indian possessions.” • (Despatch of James Busby to Gov. Bourke, 26 Jan 1837) University of Auckland Business 13 School
  • 14. Protectorate Principle The Law of Nations • Emmerich de Vattel Vol. 3 para.192 • When a nation is unable to protect itself, it may obtain for itself the protection of a more powerful State. If this protection is obtained by a promise to do certain things, such as to pay tribute in acknowledgement of the protection granted…provided the contracting State reserves the right of governing itself, the treaty is merely one of protection, which is not in derogation of sovereignty… • (Cited in Henare 2001) University of Auckland Business 14 School
  • 15. Te Tiriti o Waitangi as a Source of Human Rights • Historically Māori sought and gained international support of an assertion of political, economic and social rights • Acquired an international identity – formal letters, national flag, declaration of independence, signed a treaty with Great Britain • Te Tiriti o Waitangi affirmed the right to exist as a nation and people • Following are rights inferred in Te Tiriti o Waitangi University of Auckland Business 15 School
  • 16. Tiriti o Waitangi Māori Version & translation Preamble – Freedom & Fundamental right to exist as a • people Kia tohungia ki a rātou o rātou rangatiratanga me tō rātou wenua Queen desires to preserve to them their full authority as leaders (rangatiranga) and their country (tō rātou wenua) …tonu hoki te Rongo … Ātanoho peace and continued life as a Māori people …hei kai wakarite - Sends a Governor to assist (Henare 2001) University of Auckland Business 16 School
  • 17. Tiriti o Waitangi Article 1 - Right to self-determination Kawanatanga katoa o ō rātou wenua Governance for ever of their lands – note the plural usage of lands „ō rātou wenua‟ (not country?) University of Auckland Business 17 School
  • 18. Te Tiriti o Waitangi Article 2 – Political, social, economic rights Tino Rangatiranga o ō rātou wenua ō rātou kainga me ō rātou taonga katoa Absolute power & authority of their lands (pl) (ō ratou wenua), their settlements and surrounding environs (kainga), and all their valuables (property) (taonga) (Henare 2001) University of Auckland Business 18 School
  • 19. Tiriti o Waitangi Article 3 – Civil & political rights, rights protected by law ..ka tukua ki a rātou nga tikanga katoa rite tahi ki ana mea ki ngā tāngata o Ingarani Royal protection, rights & privileges of British subject University of Auckland Business 19 School
  • 20. Te Tiriti o Waitangi The Additional Clause agreed to by Hobson Article 4 - Right to practice religion, customs & freedom to choose Ko ngā whakapono katoa…me te ritenga Māori ngatahitia All the chosen faiths (Anglican, Methodist, Catholic) and customary practices shall be protected (Henare 2001) University of Auckland Business 20 School
  • 21. Mana-Sovereignty • For Māori leaders the locus of power (mana) was located in the Kings & Queen of England – Māori personalism • For Busby, Williams and Hobson the locus of power (sovereignty) was located in the institution of parliament – English institutionalism • Mana & sovereingty identify the locus of power – Māori understood this (Henare 2001) University of Auckland Business 21 School
  • 22. Rights in Te Tiriti o Waitangi • Preamble – Freedom & Fundamental right to exist as a people • Article 1 – – Right to self-determination • Article 2 – – Political, social, economic rights • Article 3 – – Civil & political rights, rights protected by law • Article 4 – – Right to practice religion, customs & freedom to choose religion University of Auckland Business 22 School