UN Special Rapporteur


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This presentation has been prepared to inform the public and Iwi/hapu of the visit of UN Special Rapporteur James Anaya to Aotearoa. He is travelling the country during the week of 18 July 2010 on a fact-finding mission that focuses on Indigenous Rights in Aotearoa. He will report to the UN and our government with his findings and make strong recommendations.

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  • Must be invited by the State – he can make a request to States that they invite him Gather information from: govts. indigenous people/s and communities, organisations Formulate: recommendations and proposals on measures/activities to prevent and remedy violations Work closely: special rapporteurs, special reps, working groups and independent experts of Commission on HR etc To examine ways and means of overcoming existing obstacles to the full and effective protection of the human rights and fundamental freedoms of indigenous people, in conformity with his/her mandate, and to identify, exchange and promote best practices; (b) To gather, request, receive and exchange information and communications from all relevant sources, including Governments, indigenous people and their communities and organizations, on alleged violations of their human rights and fundamental freedoms; (c) To formulate recommendations and proposals on appropriate measures and activities to prevent and remedy violations of the human rights and fundamental freedoms of indigenous people; (d) To work in close cooperation, while avoiding unnecessary duplication, with other special procedures and subsidiary organs of the Human Rights Council, relevant United Nations bodies, the treaty bodies, and human rights regional organizations;
  • SR’s are appointed for a term of three years. Upon hearing a specific complaint around violations of indigenous rights, a government can be “encouraged” to invite SR to their State. Official UN Mandate for this role asks for SR to take special consideration of indigenous women and children.
  • Will give the government a debrief shortly following his visit (not so govt can request change but to get comment followed by a full report 1-2 months later. No enforcement measures!
  • seeks to actively engage with ‘real people’ who will share their stories.
  • Need to take advantage of his time, offering clear views around culture integrity and impacts of racism, discrimination, human rights breaches – in keeping with the global community of indigenous peoples (which is very much at a basic survival level for other indigenous peoples). Various ways of getting the message across, including the images and heartfelt occasions that will leave lasting impressions of who M āori are and what are the experiences.
  • UN Special Rapporteur

    1. 1. <ul><li>United Nations Special Rapporteur on the Situation of Human Rights and Fundamental Freedoms </li></ul><ul><li>of Indigenous People </li></ul><ul><li>Professor James Anaya </li></ul><ul><li>Visit to Aotearoa/New Zealand </li></ul><ul><li>July 2010 </li></ul><ul><li>Prepared by Marama Davidson, Advisor , Human Rights Com mission </li></ul><ul><li>& International Indigenous Diplomacy Programme </li></ul><ul><li>Te Whare W ā nanga o Awanui ā rangi </li></ul>
    2. 2. Background <ul><li>By 2001 - a growing global concern of marginalisation and discrimination of indigenous peoples. </li></ul><ul><li>SO </li></ul><ul><li>United Nations (UN) Commission on Human Rights appoint the first Special Rapporteur (SR) on the Situation of Human Rights and Fundamental Freedom of Indigenous Peoples in 2001 (Mr Rodolfo Stavenhagen) </li></ul><ul><li>SR complements the work of: </li></ul><ul><li>UN Permanent Forum on Indigenous Issues (PFII) </li></ul><ul><li>Expert Mechanism on the Rights of Indigenous Peoples (EMRIP) </li></ul><ul><li>SR, PFII and EMRIP do not duplicate each other’s work. </li></ul>
    3. 3. Professor James Anaya <ul><li>Appointed SR by Human Rights Council March 2008 </li></ul><ul><li>Professor of Human Rights Law and Policy at University of Arizona </li></ul><ul><li>“ Professor  Anaya has been recognized as one of </li></ul><ul><li>the world's leading human rights advocates and </li></ul><ul><li>legal scholars for many years. His advocacy and </li></ul><ul><li>legal work on behalf of indigenous communities </li></ul><ul><li>has garnered worldwide attention. Anaya has an </li></ul><ul><li>extensive list of publications, many of which are </li></ul><ul><li>considered the seminal writings in the field.” </li></ul><ul><li>Professor Anaya participated in the negotiations to draft the UN Declaration on the Rights of Indigenous Peoples. </li></ul>
    4. 4. SR’s Mandate <ul><li>Gather information on human rights violations of indigenous peoples </li></ul><ul><li>Formulate recommendations to remedy human rights abuses </li></ul><ul><li>Identify and promote best practice to advance the human rights of indigenous peoples </li></ul><ul><li>Work closely with: </li></ul><ul><li>subsidiaries of UN Human Rights Council </li></ul><ul><li>UN bodies, treaty bodies and regional UN organisations. </li></ul>
    5. 5. SR’s actions <ul><li>Can investigate specific human rights complaints </li></ul><ul><li>Can take complaints from indigenous groups or individuals </li></ul><ul><li>Can visit countries and make recommendations to that State and to UN on steps to remedy violations </li></ul>
    6. 6. SR’s Research Focus Areas <ul><li>Special Rapporteur Professor Anaya’s focus topics so far include: </li></ul><ul><li>Rights of indigenous people to </li></ul><ul><li>education. </li></ul><ul><li>Challenges facing indigenous women, including violence and discrimination. </li></ul><ul><li>Extractive industries operating, or seeking to operate, within indigenous territories. </li></ul><ul><li>Legal pluralism and customary law. </li></ul>
    7. 7. SR’s other country visits (*nb – he has gone to other countries in his official capacity as SR but not as part of an ‘official ‘ State visit.) <ul><li>Official State visits: </li></ul><ul><li>Guatemala June 2010 </li></ul><ul><li>Australia August 2009 </li></ul><ul><li>Colombia July 2009 </li></ul><ul><li>Chile July 2009 </li></ul><ul><li>Official State visits: </li></ul><ul><li>Botswana April 2009 </li></ul><ul><li>Nepal Nov/Dec 2008 </li></ul><ul><li>Brazil August 2008 </li></ul>
    8. 8. Reports – following State visit <ul><li>Will acknowledge positive government measures (best practice) </li></ul><ul><li>Will assess and clearly state breaches of human rights by governments and others </li></ul><ul><li>Will state conclusions and offer recommendations to remedy situation </li></ul>
    9. 9. Protocol for official SR visit <ul><li>Must be invited by the State – Professor Anaya has accepted an invitation from the NZ Govt. </li></ul><ul><li>Ministry of Foreign Affairs and Trade (MFAT) and Te Puni K ō kiri (TPK) are official hosts but do not dictate his programme; </li></ul>
    10. 10. Protocol for SR visit <ul><li>He can request the audience of particular people, groups or organisations. </li></ul><ul><li>He accepts briefing papers and written reports prior to his visit. </li></ul><ul><li>In previous country visits he has appreciated hearing about specific situations/abuses, and has commented on the benefit of ‘seeing first hand’ the plight of indigenous peoples </li></ul>
    11. 11. Aotearoa Programme SR (draft) <ul><li>The first two days in Wellington with Govt Ministers. </li></ul><ul><li>A free public seminar will be held in Wellington on </li></ul><ul><li>19 July, 5.30pm at Rutherford House (Cnr Bunny Street and Lambton Quay), Lecture Theatre Two. </li></ul><ul><li>The next three days to meet with M āori groups which are scheduled to include Whanganui, Tuhoe and Te Rarawa/Ngāpuhi. </li></ul><ul><li>Apart from the 19 July public seminar, most other meetings will not be fully public. </li></ul>
    12. 12. Some key issues for M ā ori <ul><li>Extraction industries exploring around and proximate to indigenous lands and resources </li></ul><ul><li>Self government for lands and resources </li></ul><ul><li>Disproportionate representation in negative statistics such as poverty and imprisonment </li></ul><ul><li>Continued land alienation </li></ul><ul><li>Foreshore and Seabed Act </li></ul><ul><li>Outstanding Treaty claims, historical and contemporary </li></ul><ul><li>Status of M ā ori women and children </li></ul><ul><li>Media representation of M āori issues </li></ul><ul><li>Māori representation in local government. </li></ul>
    13. 13. Desired outcomes of visit <ul><li>Record NZ’s performance in advancing M ā ori human rights </li></ul><ul><li>Utilise SR’s report in enforcing human rights and indigenous rights in Aotearoa </li></ul><ul><li>Collaborate for common cause </li></ul><ul><li>Encourage further participation by M āori on UN/global indigenous stage </li></ul><ul><li>Progress the realisation of indigenous rights in Aotearoa </li></ul>
    14. 14. Disclaimer <ul><li>This presentation has been prepared to inform the public and wh ā nau/hap ū /iwi about the work of the UN Special Rapporteur on the Situation of Human Rights and Fundamental Freedoms of Indigenous Peoples, in preparation for his visit to Aotearoa. </li></ul><ul><li>All effort has been made to give accurate information. If there are inaccuracies or updated information please contact Marama Davidson at [email_address] for amendments to this presentation. </li></ul><ul><li>The information can be freely disseminated but please acknowledge source [International Diplomacy Programme, Te Whare W ā nanga o Awanui ā rangi] and the Human Rights Commission. </li></ul>