Realise the promises of Te Tiriti and rights for
tāngata whaikaha Māori under UNDRIP and
UNCRPD
Government has an obligation to realise the
promises of Te Tiriti, and the full array of rights
for tāngata whaikaha Māori under UNDRIP and
the UNCRPD. The realisation of these rights
is necessary to improve well-being outcomes
and prevent violence and abuse for tāngata
whaikaha Māori in the long term.
Realising the rights to ōritetanga under Article
3 of Te Tiriti, Article 2 of UNDRIP, and Article
8 and 19 of the UNCRPD requires tāngata
whaikaha Māori to be supported to participate
fully and equally in society. They must have the
ability to live ordinary lives like others at similar
stages of life, free from discrimination. Tāngata
whaikaha Māori must be regarded as citizens
with opportunities for learning, employment,
housing, and social participation.
To uphold the rights of self-determination
(Articles 3, 4, 5 UNDRIP) and tino rangatiratanga
(Article 2 Te Tiriti), tāngata whaikaha Māori
must have access to the services they wish
to access, based on good information that is
also accessible to them. Tāngata whaikaha
Māori, their whānau, hapū and iwi must be
part of decision making on disability policy and
supported to determine and lead solutions.
Tāngata whaikaha Māori must be supported
to participate fully in Te Ao Māori. This will
uphold wairuatanga guaranteed by the oral
clause of Te Tiriti, Articles 9, 11, and 13 of
UNDRIP, and Article 30 of the UNCRPD. Tāngata
whaikaha Māori currently find it more difficult
to access information in their own language.
Government must promote use of Te Reo Māori,
and improve accessibility to disability services
and information that is in their own language.
Tāngata whaikaha Māori should be supported to
access cultural knowledge, engage in knowledge
creation, and transfer that knowledge amongst
themselves. Reconnecting tāngata whaikaha
Māori with their whānau and whakapapa
is also imperative to improving outcomes
and supporting tāngata whaikaha Māori to
confidently participate in Te Ao Māori.
Overall, the UNDRIP provides a framework
for upholding Te Tiriti and addressing the
multiple, entrenched inequities faced by
tāngata whaikaha Māori. However, there
are significant gaps between the rights and
obligations affirmed in the declaration and Te
Tiriti and their implementation and enjoyment in
practice. This is particularly the case in relation
to rangatiratanga and self-determination, and
in the array of inequities Māori experience,
including in relation to violence.
Work towards a national action plan for the
declaration was affirmed by the government in
2020 and presents an opportunity to develop
a coordinated approach to the UNDRIP’s
implementation. The voice of tāngata whaikaha
Māori is critical to developing an inclusive and
effective action plan.
He Puapua (2019), the report of the Working
Group tasked with advising on the possible
content and process of a national action plan
noted:
The rights and interests of tāngata whaikaha
Māori (disabled), wāhine Māori (women),
kaumātua (the elderly), rangatahi (youth),
tamariki Māori (children), and takatāpui
(LGBTIQ+) communities must also be front
and centre of both a Declaration plan and
engagement.102
Whakamanahia Te Tiriti, Whakahaumarutia te Tangata - Honour the Treaty, Protect the person
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