Ki te whaiao, ki te ao Mārama
The New Zealand government ratified
ICERD in 1972 and is bound under
international law to fulfil its obligations.
Article 2 which requires States to “undertake
to pursue by all appropriate means and
without delay a policy of eliminating racial
discrimination in all its forms”.
Article 8 of the ICERD creates a United
Nations treaty body, the Committee on
the Elimination of Racial Discrimination
(CERD), that monitors implementation of the
ICERD, examines State reports and makes
recommendations to the State party.
In 2017, CERD expressed its concern on
the lack of a national plan against racism
and recommended that the New Zealand
government create a national action plan
against racism, with the Race Relations
Commissioner playing a leadership role in
community engagement to assist.
CERD further recommended the Plan
include:
•
assessing current, and projecting future,
changes in the country’s demographics
•
assessing the adequacy of current
structures and processes to respond
appropriately to the country’s changing
demographics
•
making changes necessary to ensure
that the diversity of the population is
appropriately reflected in planning and
delivery of services
•
developing and implementing measures
aimed at increasing social cohesion
•
developing a comprehensive plan,
working in partnership with Māori and
other relevant groups, that can be used
to identify actions, build ownership and
measure results to meet the targets of
the Sustainable Development Goals to
reduce inequalities in social indicators
among ethnic groups in the population
of the State party with respect to health,
employment, education and housing,
Te Kāhui Tika Tangata
with special emphasis on adequate,
affordable and safe housing by 2030.
The implementation plan should have a
particular focus on security of tenure.xxx
This report is a key part of implementing this
recommendation.
United Nations Declaration on the Rights of
Indigenous Peoples
There are also several United Nations
resolutions or declarations that establish
normative standards of practice and
represent the development of international
legal norms. The most recent of these is the
Declaration on the Rights of Indigenous
Peoples (UNDRIP) of 2007.
Thirty years in the making, UNDRIP provides
a clear set of standards that apply existing
human rights treaties to the specific
situation of Indigenous peoples. It affirms
treaties, agreements and partnerships
between states and Indigenous peoples,
and reiterates the full range of civil, political,
economic, social and cultural rights.
UNDRIP at Article 37 affirms that Indigenous
people have the right to the recognition,
observance and enforcement of existing
treaties and agreements. In affirming the
foundational status of Te Tiriti o Waitangi,
the Indigenous Declaration therefore
upholds the rights conferred by that
agreement.
UNDRIP upholds the fundamental right to
self-determination – which also appears in
both the ICCPR and ICESCR – reinforcing
the guarantee of tino rangatiratanga in
Article 2 of Te Tiriti.
UNDRIP was adopted by the General
Assembly of the United Nations in 2007.
New Zealand initially voted against UNDRIP
in 2007. In 2010, however, New Zealand
reversed its position, and the Government
indicated its support for the UNDRIP as
“both an affirmation of existing rights
and [an] expression of new and widely
supported aspirations”.xxxi
94