2. Strengthen mana
whenua
participation in all decision-making
processes to enable free, prior and informed consent
At the core of free, prior and informed consent is the ability for indigenous
peoples to not only be included, but also to be enabled to them to have
meaningful influence in the outcomes. In order to do this, the Commission
recommends that the processes that are used to resolve the Ihumātao dispute
fully reflect the right of mana whenua under the Declaration to free, prior and
informed consent regarding any decisions that take place. Mana whenua have
the right to participate through their own representative institutions and to be
involved in decision-making processes from the beginning, including decisions
on:
•
How these consultation and negotiation processes are undertaken;
•
How disputes or issues can be resolved without creating further division.
The Commission recommends that the Government ensures that mana whenua
are provided with sufficient time and resources to enable such matters to be
resolved within culturally appropriate timeframes that respect Māori customs and
practices.
Ihumātao also highlights the way in which public policies, like special housing
policies, engage the rights and interests of Māori. The Commission encourages
the Government to take action to ensure that in the future Māori rights and
interests are safeguarded in all decisions that impact on land of cultural, historic
and spiritual significance to Māori.
3. Provision for redress in a manner consistent with human rights
standards.
The Declaration clearly envisages that the priority form of redress for the
confiscation of land is restitution, in line with indigenous values and
perspectives. Where this is not possible, human rights principles call for just, fair
and equitable redress that is agreed to by the indigenous peoples whose land
was lost through confiscation.
The specific circumstances of Ihumātao highlight the limitations of current
processes for providing redress and restitution for historic confiscations of land
from Māori. However, it also provides an opportunity for the Government to
23