Tuesday, April 20, 2010

The UN Declaration - Verbosity super-sized

Surely the United Nations Declaration on the Rights of Indigenous People could be distilled into a much smaller document. Multitudinous affirmations, re-affirmations, concerns, considerations, solemn proclamations, considerations, convictions, encouragements, beliefs, recognitions, emphases followed by 46 articles.

Here's a kicker.

Article 39
Indigenous peoples have the right to have access to financial and technical assistance from States and through international cooperation, for the enjoyment of the rights contained in this Declaration.


Translated: Maori have the right to taxpayer's money. Nothing to get enormously excited about in practice I suppose when there is already a sizeable transfer one way or another. But should National have signed up to an explicit individual right to taxpayer money based on an imprecise concept like indigeneity?

6 comments:

Anonymous said...

Remember that even Red Hellen wouldn't sign NZ up to it. These "rights" include:

States shall provide redress through effective mechanisms, which may include restitution, developed in conjunction with indigenous peoples, with respect to their cultural, intellectual, religious and spiritual property taken without their free, prior and informed consent or in violation of their laws, traditions and customs.

and Indigenous peoples have the right to establish and control their educational systems and institutions providing education in their own languages, in a manner appropriate to their cultural methods of teaching and learning.

and Indigenous peoples have the right to maintain and develop their political, economic and social systems or institutions, to be secure in the enjoyment of their own means of subsistence and development, and to engage freely in all their traditional and other economic activities.

So basically it's full apartheid, up to and including all "Indigenous peoples" to be fully supported by the taxpayer - in perpetuity. With any dissension to be punished by the full extent of the law, as a crime against humanity

and the kicker - the full Harawira
Indigenous peoples have the right to redress, by means that can include restitution or, when this is not possible, just, fair and equitable compensation, for the lands, territories and resources which they have traditionally owned or otherwise occupied or used, and which have been confiscated, taken, occupied, used or damaged without their free, prior and informed consent.


Which means - make no mistake - the only full and final settlement is a "full and final settlement" --- when anyone who Hone or his mum doesn't want in the country are shipped of back to England

Is Key really going to sign this into NZ law? Really??

The treaty is one thing. The tribunal is another. But a treat - with the force of law basically giving all NZ back to Maoris for ever. and requiring taxpayers to support all Maoris for ever...

Key can't be that stupid - can he?

pdm said...

o way!!!

Manolo said...

As Prime Minister, John Key is a complete disgrace.

He would sell us all for the sake of staying in power. Ah, the spineless bugger.

big news said...

Lindsay that is not what Article 39 means - there is no legal "right". The declaration is not even a convention, no one signed anything.

Rather it means Governments shall establish fair procedures for resolution of disputes with indigenous peoples, taking account of indigenous customs and traditions.
I have more on the declaration here.

Lindsay Mitchell said...

Big News, Listening to Mai Chen this morning her opinion is that it is the precursor to convention.

For me the reality is, there is no reality - yet. The Declaration will be used in courts and the Waitangi Tribunal. To what effect we wait to see.

But the secrecy that surrounded the ratification is very bad politics and slightly ominous.

Anonymous said...

Red Hellen didn't sign this for a very good reason.

This will be up to the NZ Supreme Court (remember them) in days, or weeks. And we all know which way they will rule.

Canada and Red Hellen (both of whom have high views of the UN and of "rights" didn't fucking sign this for a very good reason.

But key did. As Hone says: whakaIngari nga Paakeha!

(tr: fuck of back to england)