A collective of global Indigenous leaders and environmentalists have expressed their extreme concern regarding the Treaty Principles Bill as the New Zealand government presents the bill to cabinet, expressing their solidarity with Māori and calling upon the government to act in good faith and with respect for the treaty “upon which the legitimacy of their existence rests”, Te Tiriti o Waitangi.

The statement of solidarity was endorsed at the Protecting Mother Earth Conference, held by The Indigenous Environmental Network and supported by Indigenous embassy Tonatierra in Eastern Cherokee nation (co-existent with North Carolina) 1-4 August 2024.

The statement declares that the Treaty Principles Bill, and proposed moves to review the Waitangi Tribunal, amount to a “profound violation of democratic process, established Treaty jurisprudence and contractual ethics”. It also notes that the government has historically used Te Tiriti o Waitangi to evade full endorsement of United Nations Declaration on the Rights of Indigenous Peoples as a means of resolving grievances, and points to these new developments as further reason for the full endorsement of Indigenous rights “as defined by Indigenous peoples themselves”.

Executive Director of the Indigenous Environmental Network, Tom BK Goldtooth (Diné/ Dakota), said: "The Indigenous Environmental Network is deeply concerned with the efforts by the New Zealand government to abrogate Te Tiriti o Waitangi. These actions remind us of efforts in the United States and Canada in the past to try to abrogate Treaties with Indigenous Nations. It is a reminder of racist colonial attitudes that still persists in colonial governments of today. Treaty making with Indigenous Peoples establishes legal and political relations and relegating them to a race relations document is a gross form of an Indigenous termination and erasure agenda that would be devastating to the Maori peoples and their future. We fully support the efforts of the Maori Iwi and hapu to resist these efforts of the New Zealand government to terminate their legal and political status." Executive Director of the Indigenous Environmental Network.

Tonatierra spokesperson, Eve Reyes-Aguirre reiterated their support: "Treaties between colonial governments and Indigenous Peoples are living agreements between sovereign nations. Though colonial powers have often chosen to ignore them, and treat them as relics from the past, Indigenous Peoples continue to advocate for the recognition and respect of these agreements. To honor the Treaties is to honor justice and the sovereignty of Indigenous Nations. As an organization that serves as an embassy of Indigenous Peoples, Tonatierra fully supports the Iwi Chairs in their efforts to hold the New Zealand government accountable in adhering to the Te Tiriti o Waitangi Treaty.”

Dame Naida Glavish welcomed the statement of solidarity on behalf of the National Iwi Chairs Forum, stating: "to the government, the coalition and anyone else who thinks this is the right direction for Aotearoa - we are putting you, on notice. Stop insisting that we are all equal, we are not. The data and statistics speak for themselves –racist government policy over time has worked to displace Māori at every avenue and you have the cheek to lay the blame on Te Tiriti o Waitangi. NEVER!"

National Iwi Chairs Forum Lead Advisor for the Independent Action Plan Against Racism, Tina Ngata, was present at the Indigenous gathering and noted the importance of the statement. “We deeply appreciate the support of the Indigenous Environmental Network and Tonatierra. Our global Indigenous solidarity is crucial at this time, where we are seeing an unprecedented rise in right-wing hostility and co-ordinated anti-Indigenous attacks from governments and conservative think-tanks around the world. We look forward to continuing to work with our Indigenous brothers and sisters in the honouring of all Indigenous treaties, and advancement of racial justice for all communities”.

KEY FEATURES OF STATEMENT:

1. Indigenous leaders and environmentalists condemn actions by the New Zealand government to unilaterally re-interpret Te Tiriti o Waitangi.
2. We consider the actions of the New Zealand government to be a profound violation of democratic process, established Treaty jurisprudence and contractual ethics.
3. The New Zealand government has historically used Te Tiriti o Waitangi to evade full endorsement of United Nations Declaration on the Rights of Indigenous Peoples as a means of addressing colonial harm. These new developments are therefore further reason for the full endorsement of Indigenous rights “as defined by Indigenous peoples themselves”.
4. We remind the New Zealand government that Article 37 of the United Nations Declaration for the Rights of Indigenous Peoples calls upon member states to honour and respect treaties with Indigenous peoples.
5. Treaty protections are necessary to protect Indigenous peoples from the global project of colonialism. Without such protections, Māori will be left at risk of extreme harm.
6. The actions and discussions to date from the New Zealand government in relation to treaty justice in Aotearoa amount to racist fear-mongering, increasing racial tension across Aotearoa and creating real risk for Māori leaders, communities, and individuals.
7. The Treaty Principles Bill is an act of extreme bad faith, is fundamentally undemocratic, and corrodes important processes of accountability.
8. The New Zealand government is called upon to act in good faith, and with respect for Te Tiriti o Waitangi upon which the legitimacy of their existence rests.

FULL STATEMENT:

Endorsed by Indigenous Environmental Network

18th Protecting Mother Earth Conference

Eastern Cherokee Nation, North Carolina

1-4 August 2024

We condemn in the strongest terms the abrogation of Te Tiriti o Waitangi by the New Zealand government.

Indigenous peoples have significantly shaped notions of western democracy, and we recognise the New Zealand Crown government actions towards Te Tiriti, which include the re-defining of Treaty principles and a review of the Waitangi Tribunal - all without the consent of their treaty partner - as a profound violation of democratic process, established Treaty jurisprudence and contractual ethics.

We note the UN Declaration for the Rights of Indigenous Peoples, article 37 - that Indigenous peoples have the right to the recognition, observance, and enforcement of treaties with States or their successors and to have States honour and respect such treaties.

We recall that the New Zealand Crown government has repeatedly upheld Te Tiriti o Waitangi and its associated processes within United Nations forums as a unique constitutional context and as the preferred process through which the Crown is held to account for grievances it causes.

This applies both to the New Zealand Crown refusal to endorse the Declaration for the Rights of Indigenous Peoples, and in the caveats for its eventual endorsement. This turn of events underpins the importance of implementing the rights of Indigenous Peoples, as determined by Indigenous Peoples.

Māori rights to self-determination are affirmed and enshrined both within Te Tiriti o Waitangi and the United Nations Declaration for the Rights of Indigenous Peoples.

We note that Te Tiriti o Waitangi is a protective mechanism from the harms of colonial supremacy, which is a global project. The actions and language of this government mirrors that of far right conservative governments and movements overseas, and we hold great concern for the future harm that Māori will be further exposed to with the removal of these important protections. The actions and discussions to date from the New Zealand government amount to racist fear-mongering, and are resulting in increased racial tension across Aotearoa and real risk for Māori leaders, communities, and individuals.

The Treaty Principles Bill is an act of extreme bad faith, is fundamentally undemocratic, and corrodes important processes of accountability.

We call for the New Zealand government to act in good faith, and with respect for Te Tiriti upon which the legitimacy of their existence rests.

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