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
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