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Mr Chairman,
We welcome the opportunity to comment on the Special Rapporteur’s report on his visit to New Zealand in November last year. New Zealand is one of a small number of countries that has issued a standing invitation to all UN Special Mechanisms, and it is on that basis that the Special Rapporteur visited New Zealand.
The purpose of the Special Rapporteur’s visit was to gain a better understanding of the situation of Māori, the indigenous peoples of New Zealand, through discussions with relevant stakeholders on a range of complex legal, political, cultural, economic and social issues.
The report was made available earlier this year and the Government of New Zealand has responded to it publicly, and also through the provision of comment to the Special Rapporteur during the process.
Our society is one that encourages open debate and the Special Rapporteur’s report has led to considerable discussion in New Zealand. Māori, like all New Zealanders, live in a contemporary democracy that is, by any standards, participatory and inclusive. We are privileged to be a multiethnic society, and discrimination is an anathema to New Zealanders. Arrangements in place for Māori take into account historical inequalities, and, as appropriate, encourage self-management. In our view, a delicate balance can and must be struck between measures that may be put in place specifically for indigenous peoples and the imperative to avoid creating different classes of citizenship. Our experience is that the two need not be mutually exclusive. Historical injustices must be addressed, but overall social and economic policies are best determined on the basis of need.
New Zealand is one of only a handful of countries with a significant indigenous population, which have taken the step of putting in place sophisticated mechanisms, mandated by law, to address historical and contemporary grievances. These are of great importance to Māori and to non-Māori New Zealanders. They have been identified by UN human rights treaty bodies as being exemplary.
Many of the matters raised in the report are central and enduring features of an important and ongoing political debate in our society. That debate is conducted widely and openly, and with respect for the rule of law and democratic institutions. It is premised on a fundamental belief in equal treatment under the law for all citizens, although there may be differing views on how this is best achieved.
To take one example, the report raises questions concerning possible constitutional change. There is a diverse range of opinion about this subject in New Zealand and at this stage there is no consensus for constitutional change. However, any agreed change will be brought about through the free and full exercise of democratic prerogatives by Māori and non-Māori alike.
Mr Chairman, we are circulating the background brief that was prepared for the Special Rapporteur during his visit, which gives a fuller context to the contemporary situation in New Zealand and provides factual information on many of the issues discussed in the report. The brief is also available on our website:
