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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