1. New Zealand Diversity Forum 23 August 2010
Indigenous Rights Declaration Forum
Rahui Katene MP for Te Tai Tonga
I am delighted to be part of this Diversity Forum and to congratulate you on
the initiative that has been taken to implement the United Nations Declaration
on the Rights of Indigenous Peoples.
I want to commend the Human Rights Commission, and in particular Bill
Hamilton, for doing what you can to garner support for this very important
document - a document which links us through to that auspicious day,
Thursday 13 September 2007, when 144 nations linked arms in support of the
indigenous peoples of the world.
It was such an historic day - a day which brought to fruition over 22 years of
action and advocacy, from indigenous peoples rights across the Globe;
promoting the Declaration as a key instrument and tool for raising awareness
on the situation and rights of indigenous peoples.
It was a day, however, that we in Aotearoa will always recall with a sense of
shame, remembering the coalition of the unwilling that we became part of by
default in joining United States of America, Canada and Australia in opposing
the declaration.
At the time of the signing, Secretary General Ban Ki-moon lauded the day as
marking a historic moment in which indigenous peoples have reconciled with
their painful histories, and resolved to move forward together on the path of
human rights, justice and development for all.
These were statements of hope for our future; statement that united us
throughout the world - and statements that drove us in the Maori Party to
continue to speak out and encourage our own Government to take the step of
signing up.
But it was not to be. For in response to our statements of support, the then
Minister of Maori Affairs, Parekura Horomia, retorted that the Maori Party had
its head in the clouds; and I quote;
"I'm actually more than a little surprised the Maori Party is prepared to back
something which effectively offers indigenous peoples no more than
aspirational statements."
This concept, of the Declaration being nothing more than aspirational, is
fundamental to the difference between the former regime and the current
administration.

2. Because whereas Labour was not prepared to back the Declaration on the
basis that it was nothing more than an aspirational statement; this
Government has actually had the courage to invest in aspiration; to make the
commitment to our ambitions for indigenous peoples.
Given my former legal training it's hard to resist the impulse to drill down more
deeply into what Government could mean by aspiration.
The meaning of aspiration is about having an ardent desire, the strongest
wish; the heartfelt will to make a difference.
And so when a Government signs up to a commitment to make a difference,
well that's good enough for me.
Because in endorsing the Declaration as an aspirational goal, what the
Government is doing is recognising the rights of indigenous peoples to self-
determination, to maintain their own languages and cultures, to protect their
natural heritage and manage their own affairs.
The challenge imposed by this Forum however, is that it is one thing to give
support to the Declaration, it is another to implement it.
So how do we move from aspiration to action?
An interesting model has been provided to us by the state of Bolivia.
Bolivia has established a new Constitution of the State, ratified by referendum
on 25 January 2009 and enacted on 7 February of that year.
The key objective for their work, was to combine the relevant official data from
their own indigenous reality, alongside various possibilities from the
Declaration in launching indigenous autonomy.
A fundamental connection with the Declaration is seen in the wording of
Article Two of the New Constitution for Bolivia; and Article 3 of the Declaration
- the right to self-determination; the right to autonomy; self-government, their
culture, and recognition of their institutions.
The initiative to create a new constitution influenced and driven by the
Declaration, is to be commended - and may indeed serve as a model for other
nations across the world.
For us here at home, what is our Government doing to implement the
Declaration?
On the 10th May, my colleague, Hon Dr Pita Sharples, hosted a celebratory
function at which he encouraged us all to consider how best to give life to the
Declaration. He said at that function,

3. "The Declaration is not part of New Zealand law - but it is now part of our
tikanga. As part of the values we have publicly espoused, the Declaration will
gradually inform the laws we make, and influence the way our courts interpret
legislation - just as the Treaty of Waitangi has become part of our common
law".
This is a very important affirmation, that just like Te Tiriti o Waitangi, the
articles of the Declaration will become vital reference to shape and bear moral
authority to the way in which our laws are understood.
So while it has only been a matter of months since we signed up, I predict that
the Declaration will have a significant influence on Court and Waitangi
Tribunal rulings.
What we know is that our commitment to long-established conventions on
human rights in other international settings, has already had an impact on
other judicial and quasi judicial decisions affecting Maori in Aotearoa - so
there is no reason to suggest it would be any different for this Declaration.
An important message from the Secretary-General of the United Nations, Ban
Ki Moon, has been to encourage Governments and community groups, to
urgently advance the work of integrating the rights of indigenous peoples into
international human rights and development agendas, as well as policies and
programmes at all levels. The intention has been to ensure that the vision
behind the Declaration becomes a reality.
An immediate example that I want to touch on, is Article thirteen:
1. Indigenous peoples have the right to revitalize, use, develop and transmit to
future generations their histories, languages, oral traditions, philosophies,
writing systems and literatures, and to designate and retain their own names
for communities, places and persons.
2. States shall take effective measures to ensure that this right is protected
and also to ensure that indigenous peoples can understand and be
understood in political, legal and administrative proceedings, where necessary
through the provision of interpretation or by other appropriate means.
Just three weeks ago, the Minister of Maori Affairs announced that the
strategy and infrastructure of the Maori Language sector is to be completely
reviewed.
Now this is not the first - and is bound not to be the last - review of the Maori
language sector that has been initiated by Government.
But what was distinctive, has been the explicit intention of the review to
ensure the programmes and expenditure across the whole of government are
responsive to Iwi/Maori aspirations.

4. In announcing the review, Dr Sharples advised that he was looking not only to
encourage a more coordinated approach but also to put together a strategy
that will empower Iwi/Maori to take control of the Maori Language.
While the Maori language review bears a direct relationship to the aspirations
outlined in the Declaration, other influences may be brought to bear by
sharpening the edge of existing policy priorities.
And I am thinking, in particular, of the ongoing Treaty imperative to improve
the social and economic condition of Maori.
Such a drive aligns absolutely with the essence of the Declaration, being to
repair the ongoing contemporary impacts of the historical denial of the right to
self-determination and other basic human rights.
It was Mr Anaya's view that much more needs to be done, to improve the
rights of Maori and in particular to reduce inequalities between Maori and non-
Maori. He drew particular focus on to the continued and persistent high levels
of incarceration of Maori individuals.
I think his observations in this regard, highlight perhaps one of the greatest
roles that the Declaration plays in our own domestic administration - and that
is to add moral and political authority to issues which were already priority
issues on the human rights, and indigenous development agenda.
And this brings me back again to that pivotal word - aspiration.
We have seen that aspiration - as in the case of Bolivia - can lead all the way
through to shaping the constitutional context of that land.
Or we have seen, as in the case of the Maori language review, that the
aspiration to uphold the right for indigenous peoples to revitalize, use, develop
and transmit their language has translated into a specific policy project.
But the question on everyone's mind, is exactly how will the aspirations
outlined in the Declaration, directly influence and impact on the outcomes that
tangata whenua experience.
And it is that light, that I end where I began, by thanking the Human Rights
Commissions, NGOs, Maori organisations, and other community groups who
are demonstrating their commitment to upholding our aspirations for, of, and
by indigenous peoples in the work you are doing considering the impact of the
Declaration. It is precisely because of actions such as this that we know the
aspirations will very soon turn into practical realities - it will, indeed, ensure
that the Declaration becomes part of our tikanga.