On June 28, 2016, the Indigenous people of Aotearoa (New Zealand) appealed to the United Nations and the UN Special Rapporteur on Indigenous Peoples’ Rights for recognition and acknowledgment of their sovereign rights of self-determination, self-government, and political autonomy. The Maui (Māori) ask to be invited to join the United Nations in order to make claims on behalf of the Indigenous Peoples of Aotearoa, and ask for assistance in presenting their cases to the General Assembly and other courts that may address the constitutional issues and charges made against the New Zealand government. The application lists several grievances against the government, including the government’s failure to consult the Indigenous Peoples of Aotearoa in regards to the Trans Pacific Partnership Agreement and numerous other agreements that affect their territories and lives. The application also charges John Key and the National Party Government, as well as others, with “genocide” and “arbitrary discrimination” against the Maui of Aotearoa. These claims present a situation in which the Indigenous Peoples have been disenfranchised and bullied by the government which refuses to protect them and acknowledge their rights as Indigenous Peoples.
The application was submitted by David James Nepia Swinton, the “Kaitiaki,” or the guardian of the lands, territories, and autonomy of the people of Aotearoa. As a spokesperson for the Indigenous Peoples of Aotearoa, he asserts the Maui people’s right to own, manage and develop the ancestral lands, territories, waters, and resources that are vital to the survival of Indigenous culture.
Swinton, on behalf of the Indigenous Peoples of Aotearoa, invokes the right to self- determination that Article 3 of the United Nations Declaration on the Rights of Indigenous Peoples guarantees. The article states that “Indigenous Peoples have the right to self- determination” and to freely determine their own political status. Now, Swinton and the Nga Kaitiaki, or guardians of the land, refuse to enter into agreements with the Crown or New Zealand Incorporation until they agree to respect and engage with the Maui.
One major source of dispute between the Maui and the New Zealand government is the Trans Pacific Partnership Agreement. During negotiations over the agreement, the government did not consult with the Maui, violating their sovereign rights. The Trans Pacific Partnership Agreement is the most recent of many trade deals that have been negotiated without informing or consulting Indigenous representatives, despite the effects that these deals have on the lives of Indigenous people.
The agreement affects the rights of the Maui to intellectual property, biodiversity, and environmental law and policy. By not consulting with the Maui, the New Zealand government has violated their right to free, prior, and informed consent. This right is also violated by the treaty itself, which grants foreign investors rights that undermine the rights granted to Indigenous Peoples. By granting foreign investors these rights, the agreement forces the Maui to rely on the government for protection, even though they have no assurance of this protection by the treaty. New Zealand is violating Article 32 of the United Nations Declaration on the Rights of Indigenous Peoples, which outlines the responsibility of the government to obtain consent before entering into an agreement that may affect Indigenous territory.
The application also charges the New Zealand Government with “genocide” and “racial discrimination,” saying that there is a coordinated effort to eliminate the Maui people by selling off their territory and resources and through racism in the justice system. The government has sold the water belonging to the Maui, and many indigenous families are living in extreme poverty or are homeless without government assistance. Indigenous people make up a disproportionately high amount of men and women in prisons. Over 50 percent of men and 63 percent of women in prison are Indigenous. Many Indigenous people have complain of racial profiling, bullying, and inhumane treatment by the New Zealand Police. They also have the highest suicide rate in New Zealand. The application also charges Helen Clark, the previous Prime Minister and leader of the labor party, with “genocide” and “arbitrary discrimination” for disenfranchising the Maui through legislation that alienates the Maui from their customary land. The unfair treatment of Indigenous Peoples reflects a concerted effort by the government to eliminate the Indigenous Peoples of Aotearoa.
In this application, Swinton, asks for guidance from the Special Rapporteur in achieving sovereignty and self- determination. Swinton also hopes to apply for help from sanctioned courts such as the International Court of Justice, The European Court of Human Rights, and the World Court at the Hague. Using these international legal mechanisms, the Indigenous Peoples of Aotearoa have hope that their rights will be respected, protected and fulfilled and justice will be served.
Read the full application here.
(Note on terminology: In the application, Swinton differentiates between the terms Māori and Maui. Though Māori is often used, Swinton calls it a “fictitious, abstract and misspelt label” and says that “Maui has been mispronounced and misspelled and called “Māori” ever since the arrival of the earliest maritime explorers and settlers, and has never been officially corrected until now.”)
