United Nations Declaration on the Rights of Indigenous Peoples
42. Affirmed by New Zealand in 2010, the
Declaration complements New Zealand’s
constitutional obligations under Te Tiriti. It
reinforces the Crown’s obligations to work in
partnership, actively protect rangatiratanga,
and advance Māori equity.
43. The Declaration reflects existing international
human rights standards, including the right to
a decent home, and outlines how they apply
in the specific circumstances of indigenous
peoples. It reaffirms indigenous peoples’ rights
to their lands, territories and resources, and to
their culture, identity and way of life.
44. At the core of the Declaration is the rights of
indigenous peoples to self-determination, to
make their own decisions and control their own
destiny, as well as to participate in government
decision-making that affects them. The right of
self-determination is also found in international
human rights treaties ratified by New Zealand,
such as the International Covenant on Civil and
Political Rights (article 1(1)).
45. Appendix 2 provides links to some of the
provisions of the Declaration which are
especially significant in the context of the
human right to a decent home.
Conclusion
46. The systematic dispossession of Māori land,
ongoing impacts of colonisation, Te Tiriti and
the Declaration inform these Guidelines. The
Guidelines are also informed by the values that
are integral to Te Ao Māori. One of the key
features of a right to a decent home grounded
on Te Tiriti, these values are outlined at the
beginning of the next section.
22
Human Rights Commission
Guideline 9: The right to a decent home
grounded on Te Tiriti requires acknowledging
and addressing the impacts of colonisation,
systematic dispossession of Māori from their
land, and destruction of their traditional ways
of living, including communal land ownership.
Te Tiriti o Waitangi and the United Nations
Declaration on the Rights of Indigenous
Peoples have a critically important role to
play in advancing the right to a decent home
in Aotearoa.