While the Declaration covers similar substantive matters to Te Tiriti, it also elaborates on the articles of Te Tiriti which are much briefer than the rights in the Declaration. It provides elaboration as to what the international standards are and how those rights apply to Indigenous peoples. The Declaration echoes and reinforces the promises of Te Tiriti, including by affirming that Indigenous peoples have the right to have their treaties with states honoured and enforced (article 37). The synergy between Te Tiriti and the Declaration is important. The rights and guarantees in both the Declaration and Te Tiriti are relevant to tāngata whaikaha Māori as Indigenous peoples. Self-determination and tino rangatiratanga At the core of the Declaration is the right of Indigenous peoples to self-determination. Articles 3, 4 and 5 guarantee Indigenous peoples the right to self-determination, including their economic, social, and cultural development, and the right to self-government, including the right to maintain and strengthen their own governing institutions. While all rights in the Declaration are equally important, the right to self-determination is “a central right for Indigenous Peoples from which all other rights flow”.53 Realisation of the right to self-determination is viewed as essential in order for Indigenous Peoples to enjoy all their collective and individual human rights.54 Implicit in the right to self-determination is that its meaning and how it is exercised is to be determined by Indigenous peoples themselves. Self-determination as a right guaranteed by the Declaration, and tino rangatiratanga guaranteed by Article 2 of Te Tiriti, are closely linked and reinforcing. While self-determination is a human rights concept, tino rangatiratanga is sourced in Tikanga. A series of Waitangi Tribunal Reports have found that tino rangatiratanga guaranteed Māori autonomy and self-government.55 Self-determination can lead to better outcomes for Indigenous peoples. International studies have found that Indigenous self-governance can improve educational achievement and employment levels,56 and can promote economic development outcomes.57 In a 2018 report, the UN Special Rapporteur on the Rights of Indigenous Peoples concluded:58 Indigenous governance systems have often proven to be better than external actors in providing services to and ensuring the wellbeing and rights of Indigenous peoples. Furthermore, they contribute to conflict reduction, climate adaptation, conservation and protection of nature, culturally appropriate social services, economic progress and many other positive outcomes. The right to self-determination and tino rangatiratanga emphasises that tāngata whaikaha Māori, their whānau, hapū and iwi, must have the right to make their own decisions and control their lives, as well as to participate in government decision-making that affects them. Key articles of UNDRIP In addition to articles 3, 4 and 5 affirming selfdetermination, articles of the Declaration that have particular relevance to the prevention of violence and abuse of tāngata whaikaha Māori are summarised below. Article 7 protects rights to life, physical and mental integrity, liberty and security of person. This article also guarantees the collective right of Indigenous peoples to live in freedom, peace and security as distinct peoples, free from any act of violence, including forced removal of children from the group. Article 9 states that Indigenous peoples have the right to belong to an Indigenous community or nation, in accordance with the traditions and customs of their community or nation concerned. This article also prohibits discrimination of any kind that may arise from the exercise of this right. These articles are relevant to upholding the rights of tāngata whaikaha Māori to live in safety, free from discrimination and racism, and within whānau, hapū, iwi. It requires the culture, worldviews, and traditions of tāngata whaikaha Māori to be protected. Whakamanahia Te Tiriti, Whakahaumarutia te Tangata - Honour the Treaty, Protect the person 11

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