Monday, July 15, 2019

MONITORING THE GOVERNMENT


The Independent Monitoring Mechanism is an independent Māori working group created in 2015 with members selected by their iwi (tribal nation) and endorsed by the National Iwi Chairs Forum to act as independent experts to promote and monitor the implementation of the UN Declaration on the Rights of Indigenous Peoples in Aotearoa/New Zealand (the Declaration).

Since 2015, the Mechanism has reported the findings of its monitoring activities annually to the UN Expert Mechanism on the Rights of Indigenous Peoples (EMRIP).  Last week, it presented its 2019- report.  The full report can be read on this link:  https://www.docdroid.net/mbjaqdl/2019-monitoring-report-16jul19.pdf

Arranged under four headings, the report contains ten recommendations to the government as follows:

ONE:  Prioritise taking concrete steps to progress constitutional conversations and implement the recommendations of the Matike Mai report.

TWO:  Remove laws that impede the exercise of mana motuhake (self-determination) by Iwi and Hapū; and develop any new laws through genuine, equitable partnership.

THREE:  Amend the Local Government Act 2002 to (a) clarify and confirm the Tiriti obligations of local and central government; (b) remove the discriminatory provisions that apply to the creation of Māori wards; and (c) ensure that the obligations of free, prior and informed consent are adequately reflected and upheld.

FOUR:  Amend the Treaty claims and settlement processes to better provide for the return of land in accordance with articles 25, 26, 27 and 28 of the Declaration; and Strengthen Waitangi Tribunal powers to issue binding recommendations and require Crown response and action on its recommendations.

FIVE:  Ensure that climate crisis responses reflect Te Tiriti and the Declaration, and adequately address the urgency of the climate crisis; establish bi-partisan forums where significant environmental decisions can be addressed in partnership with Iwi, Hapū and whānau and independently of party politics.

SIX:  Increase resourcing and support for te reo initiatives, including subsidies and incentives to encourage people to learn and teach te reo Māori.

SEVEN:  Implement the recommendations of the Whānau Ora review; apply indigenous, whanau-centred approaches and frameworks across government.

EIGHT:  Urgently act to ensure (a) a halt to the removal of Māori children from whānau, hapū and iwi; (b) Meaningful Tiriti partnership that upholds self-determination and the exercise of Māori authority for the wellbeing of Māori children; (c) Iwi and Māori involvement in co-designing legislation, policy and in reviewing the current system; (d) That any state child protection system meets Tiriti, Declaration and human rights obligations.

NINE:  Continue to support the work of the Safe and Effective Justice Advisory Group Te Uepū Hāpai i te Ora, and once it has completed its work, ensure that proposals and recommendations are urgently implemented.

TEN:  Implement the recommendations made by the EMRIP in its Advice Note which can be read in its entirety on this link:  https://www.ohchr.org/Documents/Issues/IPeoples/EMRIP/Session12/EMRIPAdvisroyNoteNZ2019.docx

Next week I will share how the report was received at the EMRIP’s meeting.-


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