40 S e cti o n One – General several faiths (beliefs) of England, of the Wesleyans, of constitutional framework. In doing so, they set out a Rome, and also Mäori custom shall alike be protected.” foundation for good government that respects the rights This is sometimes referred to as Article Four of the Treaty, of all New Zealanders. and relates to the right to freedom of religion and belief (wairuatanga). The Treaty does not, as is sometimes claimed, confer ‘special privileges’ on Mäori, nor does it take rights away The Treaty has been described as having two key from other New Zealanders. Rather, it affirms particular elements. The first relates to Articles 1 and 3, which give rights and responsibilities for Mäori as Mäori to protect all people the right to live as citizens of New Zealand and preserve their lands, forests, waters and other (under one law). The second focusses on Article 2, which treasures for future generations. In 2005, United Nations affirms for Mäori the right to live as Mäori, with particular Special Rapporteur Rodolfo Stavenhagen commented responsibilities for protecting and developing those things that he had been asked several times during his visit valued by Mäori (ngä taonga katoa). Neither of these to New Zealand whether he thought Mäori benefitted rights is exclusive of the other. What binds the two parts from ‘special privileges’. He responded that he “had not of the Treaty together is the concept of türangawaewae been presented with any evidence to that effect, but (a place to stand), which articulates one of the most that, on the contrary, he had received plenty of evidence important elements of the Treaty debate: the right of all concerning the historical and institutional discrimination peoples to belong, as equals.4 This means that the Treaty belongs to all New Zealanders, and all New Zealanders have responsibilities towards each other based on belonging to this place. What is the relationship between human rights and the Treaty of Waitangi? The Treaty of Waitangi is New Zealand’s own unique suffered by the Maori people”. 5 The United Nations Declaration on the Rights of Indigenous Peoples (2007) explicitly refutes the notion that recognition of indigenous rights may somehow put other peoples’ rights at risk, and stipulates that indigenous rights are to be exercised in a manner that respects the human rights of others. statement of human rights. It includes both universal This chapter is primarily concerned with the indigenous human rights and indigenous rights. It belongs to, and is rights guaranteed under Article 2 of the Treaty, and the a source of rights for, all New Zealanders. specific aspects of Article 1 and 3 that pertain to Mäori. The Universal Declaration of Human Rights (UDHR) affirms the value of every human life (for example, the right to dignity and the right to equality). Human rights do not exist in the absence of a collective environment where rights are acknowledged and duties recognised. Recent human rights developments – in particular, the work on the rights of Indigenous peoples – have built greater understanding of the interrelationship between individual and collective rights. General rights under Articles 1 and 3 are discussed in other chapters. Chapters of particular relevance to the Treaty of Waitangi include those on democratic rights; the right to justice, equality and freedom from discrimination; the rights of people who are detained; as well as those relating to economic, social and cultural rights: to education, to health, to an adequate standard of living and to work. Some of the areas for action identified in these chapters are also relevant to the full realisation of human rights and the Treaty of Waitangi. The Treaty (1840) and the UDHR (1948) therefore complement each other: both govern relationships Changes since 2004 between peoples in New Zealand and between peoples Internationally, the most significant event regarding and the Crown, and both underpin New Zealand’s human rights and the Treaty since 2004 was the 4 Turangawaewae ”enables a person to say with confidence, ’I belong’.” Hiwi and Pat Tauroa (1986), Te Marae: A Guide to Customs and Protocols (Wellington: Reed Methuen), p 129. 5 United Nations (2006), Report of the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people, Rodolfo Stavenhagen. Accessed 15 June 2010 from http://iwgia.synkron.com/graphics/Synkron-Library/Documents/InternationalProcesses/ Special%20Rapporteur/SRreportNewZealand2005.pdf