MAORI PARTY RELEASE

Maori Party Unsurprised at UN condemnation of Government actions in creating “a context unfavourable to the rights of Maori”

Te Ururoa Flavell; Treaty Spokesperson, Maori Party

Saturday, 18 August 2007

A key United Nations Committee has today issued harsh criticism of the NZ Government’s weak performance in implementing the International Convention on the Elimination of all Forms of Racial Discrimination.

The Committee on the Elimination of Racial Discrimination in Geneva reports a damning list of concerns which highlight the Government’s record in acting to ”diminish the importance and relevance of the Treaty and to create a context unfavourable to the rights of Maori” (para 13).

“The report is a depressing read” said Te Ururoa Flavell, Treaty of Waitangi spokesperson for the Maori Party.

“Just looking at the report it is obvious how badly we are doing – just seven sentences on ‘good’" said Mr Flavell.

"The bulk of the report points out our ongoing failure to entrench the Treaty as a constitutional norm; the lack of progress in achieving justice, including around the detention of asylum seekers and numerous concerns about our poor performance in ratifying race relations instruments” said Flavell.

“It points out that Labour’s re-targeting of programmes and policies on the basis of need rather than ethnicity has been adopted in a political climate unfavourable to the rights of Maori” added Te Ururoa Flavell.

“To see it in black and white – a political climate unfavourable to the rights of Maori – is of course a huge blow for our international reputation on race relations”.

“The criticisms are particularly harsh in considering the impact of the Foreshore and Seabed Act” said Mr Flavell.

“The committee talks of the discrepancy between what the Government says the situation is and what the people say” said Mr Flavell.

“And it is to our national shame, to see the recommendations from the last report repeated, because of the total failure by Government to face up to the monumental error of their actions against Maori”.

“The Committee reiterates its recommendations that a renewed dialogue between the State party and the Maori community take place with regard to the Foreshore and Seabed Act 2004, in order to seek ways of mitigating its discriminatory effects, including through legislative amendment where necessary”.

“The Committee also confirms what we have constantly stated - that Waitangi Tribunal recommendations are generally not binding, and that only a small percentage of these recommendations are followed by the Government” said Mr Flavell.

“It also warns against Government actions which may unfairly bar legitimate claims” said Mr Flavell.

"It concludes that the current arrangements "deprive claimants of a right to an effective remedy and weaken their position when entering into negotiations with the Crown".

"No surprises there either" said Mr Flavell. "The shame is that it seems like it is the same old story with the Crown doing nothing about it".

"The Committee made some significant recommendations which we will be urging Government to follow, including:

- Government to assist claimants groups in direct negotiations with the Crown; to grant legally binding powers to the Tribunal and provide the Tribunal with increased resources;

- to prevent racial discrimination in the administration and functioning of the criminal justice system; and to address complaints about racially motivated crimes.

- Government to adopt pro-active measures to respond to the lack of public knowledge about how to address racial discrimination".

The Maori Party was also 'relieved' to learn from the report, that Labour will vote against NZ First's 'Principles of the Treaty of Waitangi Deletion Bill:

Background

The Concluding Observations of the Committee on the Elimination of Racial Discrimination report of 15 August 2007, contains only seven sentences on “positive aspects” while the bulk of the six page report outlines twenty-three different sections of concerns, including sixteen bold recommendations for change.

The report concludes the seventieth session held in Geneva 30 July – 17 August.

Alongside the New Zealand Government report, the CERD committee received reports from the Race Relation Commissioners; Action for Children and Youth Aotearoa, the Maori Party, The Treaty Tribes Coalition; the Tribal Collective in Tai Tokerau, the Human Rights Foundation; Peace Movement Aotearoa and Aotearoa Indigenous Rights Trust.

ENDS

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