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

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