Introduction 1. The New Zealand Human Rights Commission (‘the Commission’) welcomes the opportunity to provide this submission to the Committee on the Elimination of Discrimination Against Women (‘the Committee’). The Commission is accredited as an A-status National Human Rights Institution under the Paris Principles. 2. This submission is provided to inform the development of a List of Issues Prior to Reporting (‘LOIPR’) as part of New Zealand’s 9th periodic review under the UN Convention on Elimination of All Forms of Discrimination Against Women (‘the Convention’).1 3. This submission sets out what the Commission views as key challenges for New Zealand’s implementation of CEDAW and sets out recommendations about the questions the Committee may wish to ask and information that it may wish to request. Recommendations Te Tiriti o Waitangi 4. Te Tiriti o Waitangi, New Zealand’s foundational constitutional document, establishes the relationship between Māori and the State. It affirms the status of Māori as tangata whenua (Indigenous peoples) and recognises their pre-existing rangatiratanga (sovereign authority) and self-determination. It envisages a sharing of power and authority and a partnership of equals. Te Tiriti requires government to work in partnership, support and uphold the rangatiratanga authority of tangata whenua, and advance equity for Māori. The United Nations Declaration on the Rights of Indigenous Peoples complements New Zealand’s obligations under Te Tiriti. A National Action Plan to implement the Declaration is currently being developed by the Government, in partnership with the Human Rights Commission and Indigenous representatives from Pou Tikanga of the National Iwi Chairs Forum.2 5. In recent years the Waitangi Tribunal3 has instigated thematic Kaupapa Inquiries to examine nationally significant and systemic issues. The Mana Wāhine Kaupapa Inquiry currently underway is examining alleged denial of the mana (inherent dignity and rights) and rangatiratanga (authority including selfdetermination) of wāhine Māori4, and the systemic discrimination, deprivation and inequities experienced as a result.5 Recommendations: (a) Provide an update on the Action Plan, and how it advances the Indigenous rights and Tiriti rights of wāhine Māori. (b) Provide information on steps being taken to recognise, restore and uphold the mana, rangatiratanga and fundamental right to self-determination of wāhine Māori. 1 2 3 4 5 The Commission notes that this review of New Zealand will be undertaken, for the first time, under the Simplified Reporting Procedure. Te Puni Kōkiri | Ministry of Māori Development “UN Declaration on the Rights of Indigenous Peoples” https://www.tpk.govt.nz/en/whakamahia/un-declaration-on-the-rights-of-indigenous-peoples. The Waitangi Tribunal is charged with investigating and making recommendations on claims brought by Māori relating to actions or omissions of the Crown in relation to obligations under a key founding document of New Zealand, Te Tiriti o Waitangi. This submission refers to wāhine Māori, meaning Māori women. Waitangi Tribunal “Mana Wāhine Kaupapa Inquiry” https://waitangitribunal.govt.nz/inquiries/kaupapa-inquiries/manawahine-kaupapa-inquiry/.