2 April 2009

This page has two sections: an update on the progress of the petition on the UN Declaration on the Rights of Indigenous Peoples, and the transcript of questions and answers in parliament earlier this week on the government's position on the UN Declaration.

Petition on the UN Declaration on the Rights of Indigenous Peoples

The petition calling on the government to support the UN Declaration has now gone to the Foreign Affairs, Defence and Trade Select Committee, and the Committee has requested a written submission in support of the petition. The deadline for the written submission is mid April, and the final batch of signatures will be attached to it.

Therefore the final deadline for return of signatures is Thursday, 16 April - if you have any signed petition forms, please make sure they are posted to Peace Movement Aotearoa, PO Box 9314, Wellington 6141 on Tuesday, 14 April at the latest. If you have any opportunity to collect additional signatures between now and then, that would be great - the form is available on the UN Declaration web page or from Peace Movement Aotearoa, thank you.

Questions on NZ government's position on the UN Declaration

On Tuesday 31 March, both the Maori Party and Green Party asked questions in parliament about the government's position on the UN Declaration (transcript of questions and replies below), in the light of the Australian government's announcement that it will issue a statement of support for the Declaration tomorrow, finally fulfilling an election promise made 16 months ago. While the quality of the statement remains to be seen, the Australian government's change in position nevertheless means that now only three UN member states continue to oppose the UN Declaration - NZ, Canada and the United States.

    5. Declaration on the Rights of Indigenous Peoples - Government Position

HONE HARAWIRA (Maori Party - Te Tai Tokerau) to the Minister of Foreign Affairs: Will New Zealand be following Australia's lead in reconsidering its position, and giving New Zealand's unqualified support for the Declaration of the Rights of Indigenous Peoples, thereby reversing the New Zealand Labour Government's vote against it in 2007; if not, why not?

Hon JOHN KEY (Acting Minister of Foreign Affairs): Australia has recently reviewed its stance on the declaration. An announcement on its new approach is expected on Friday. We will look at the way the Australian Government interprets the declaration and will see whether its interpretation is applicable in New Zealand. However, I cannot comment until we have seen what the Australians are saying about their support.

HONE HARAWIRA: Tena koe, Mr Speaker. What recent advice has the Minister received from officials regarding New Zealand's position on the United Nations Declaration on the Rights of Indigenous Peoples?

Hon JOHN KEY: In November 2008 the Ministry's briefing to the incoming Minister outlined New Zealand's position on the declaration. Since then, the Minister has received several pieces of advice giving him background on the declaration and the position taken by New Zealand.

HONE HARAWIRA: Has the Minister been involved in any discussions with his Australian counterparts regarding the Declaration on the Rights of Indigenous peoples; if so, what has been the nature of those discussions?

Hon JOHN KEY: Yes, the Minister of Foreign Affairs had an informal conversation with his Australian counterpart on Sunday, 29 March, in which the United Nations Declaration on the Rights of Indigenous Peoples was covered.

CATHERINE DELAHUNTY: Tena koe, Mr Speaker. Why is Aotearoa New Zealand one of only three countries that oppose recognising indigenous rights under this UN declaration?

Hon JOHN KEY: It is important to understand, with regard to the declaration, firstly, that it is aspirational and is not legally binding. New Zealand takes its international obligations seriously and does not support texts unless we are able to implement them. So the issue is whether it is possible to do that.

[Question and Answers, 31 March 2009 - uncorrected transcript, subject to correction and further editing]

    12. Declaration on the Rights of Indigenous Peoples - Government Position

CATHERINE DELAHUNTY (Green) to the Minister of Foreign Affairs: Will he follow the example of Australia and change the Government's position to support the United Nations Declaration on the Rights of Indigenous Peoples?

Hon JOHN KEY (Acting Minister of Foreign Affairs) : Australia has recently reviewed its stance on the declaration, and an announcement on its new approach is expected on Friday. This Government will look at the way the Australian Government interprets the declaration and see whether its interpretation may be applicable to New Zealand, but I cannot comment until we have seen what the Australians are saying about their support.

CATHERINE DELAHUNTY: How can the Government reconcile supporting the flying of a Maori flag on Waitangi Day while still prevaricating on recognising the collective human rights of Maori as affirmed in the UN declaration; or is the Government all symbolism and no action?

Hon JOHN KEY: I think that in general New Zealand has worked hard in the last 30 years to recognise the rights of indigenous people. This Government has been working very hard to recognise the rights of indigenous people. Flying the flag on the Auckland Harbour Bridge, working so collaboratively with the Maori Party, and ensuring that the Waitangi Tribunal and the whole Waitangi settlement process is properly funded are all good examples of us working for the rights of indigenous people.

Hon DR MICHAEL CULLEN: Can the Minister confirm that the Government's position to date has essentially been that if the declaration can be taken to have significant meaning then that meaning cannot actually be enforced by the New Zealand Government, and therefore it has determined not to sign it, but if the declaration can be interpreted to not have any great significant meaning then the Government might be prepared to sign it?

Hon JOHN KEY: Yes, the declaration is not legally binding; it is an aspirational goal. I think that New Zealand has done a lot for the rights indigenous of people, but let us see what the Australians do on Friday and what caveats they put around their support.

CATHERINE DELAHUNTY: Is it right to prevaricate on the recognition of both an aspirational goal and the recognition of the collective human rights of Maori when this Government is dependent on the support of the Maori Party?

Hon JOHN KEY: We are not prevaricating. Firstly, it will be interesting to see, if the Australians make an announcement on Friday, what caveats they put around that support for the declaration. As I said earlier, it is an aspirational, non-binding declaration. From this Government's point of view, we take the rights of indigenous people seriously and we are working hard to advance those rights.

CATHERINE DELAHUNTY: I seek leave to table the UN Declaration on the Rights of Indigenous Peoples.

Mr SPEAKER: Leave is sought to table the UN Declaration on the Rights of Indigenous Peoples. Is there any objection to that public document being tabled? * Document, by leave, laid on the Table of the House.

[Question and Answers, 31 March 2009 - uncorrected transcript, subject to correction and further editing]