Implementing a Te Tiriti Approach
On March 25 2020, Aotearoa was placed on a level
four lockdown to combat the worldwide spread of
COVID-19. This resulted in the country going into a
nationwide lockdown.
The Ahi Kaa Team knew that, from previous
pandemics, tangata whenua Māori would be most
at risk from COVID-19. It was therefore important
that the Commission demonstrate Te Tiriti and
human rights in action, to influence, on the basis
of Te Tiriti, the UNDRIP, to improve outcomes for
tangata whenua, to address pervasive inequities
and, to provide an exemplary response, for
ourselves and others.
The first step was to develop a Te Tiriti-based
COVID-19 Framework, to provide guidance for
Ahi Kaa and Commission leaders and staff on
how to undertake their work and engage with the
each other, and to ensure Te Tiriti and UNDRIP
imperatives would be upheld.
The Ahi Kaa team founded its approach on tino
rangatiratanga (self-determination) and mana
motuhake (absolute authority), which are the preexisting rights of tangata whenua affirmed in Te
Tiriti o Waitangi and by UNDRIP.
As an example of the framework in action, the
Commission established the Kaiwhakatara
Accountability Advisory Group which was formed
to assist the Commission and the Commissioners,
in holding the Government and other dutybearers to account for their decision making
during the COVID-19 crisis. This group was shaped
on the basis of Te Tiriti with equal 50 percent
rangatiratanga and kawanatanga representation,
co-chairs and Tiriti-based methods of working and
relating.
A Mate Korona Tiriti Based Implementation
matrix was developed, that identified key tangata
whenua stakeholders so that their input was
included in mahi carried out by the Commission.
This enabled the Commission to continue to work
with the National Iwi Chairs Forum as well as the
Aotearoa Independent Monitoring Mechanism,
ensuring that key tangata whenua priorities and
voices were included in Commission mahi.
Briefings on tangihanga and checkpoints which
contributed to the dialogue pertaining to Māori
tino rangatiratanga (self-determination) were
produced.
EMRIP member Laila Vars announced the release of the Advisory Note during the EMRIP’s annual
meeting in Geneva in July 2019.
In making the announcement, Ms Vars noted that the willingness in New Zealand to engage in these
discussions was an example of good practice internationally. Ms Vars also noted the EMRIP’s deep
appreciation “for all the Māori organisations and representatives, individuals, mothers, youth, elders and
teachers that we were able to speak to. We learned so much... We sensed where the challenges lie.”
The Advisory Note covers issues such as: self-determination; participation and partnership; health,
education and justice; and systemic challenges and barriers that need to be addressed in a Declaration
action plan.
The Commission’s Kaiwhakarite, Hēmi Pirihi, who presented at the meeting in Geneva, welcomed the
advice, saying, “the EMRIP’s Advisory Note shows that the EMRIP heard some strong and consistent
themes during their visit. It provides useful observations on the issues we face and gives practical
advice on what an action plan for the Declaration might involve in the New Zealand context.
We strongly support the EMRIP’s Advice, including their recommendations on potential roles that the
Commission could play in the development and monitoring of the action plan. We look forward to
continued involvement in that work.”
https://www.hrc.co.nz/news/united-nations-indigenous-experts-release-report-new-zealand/
20
Human Rights Commission Annual Report 2019/20