It's not about Race, It's about Rights

Abstract

In February 1840, Māori co-signed the Treaty of Waitangi with the British Crown. Partnership, protection, and participation are the fundamental principles provided in the Treaty. In April 2010, the New Zealand government endorsed the Declaration on the Rights of Indigenous Peoples. These two instruments provide indigenous peoples with the right to participate fully in decision-making that will affect their legal, social, economic, cultural, and political rights. Having endorsed the Declaration on the Rights of Indigenous Peoples, the New Zealand government is morally obliged to comply with the intent of the Declaration. The focus of this chapter is on the right of Māori to participate and be represented on the governing councils of local government. It will be demonstrated that the refusal by the New Zealand government in 2010 to provide dedicated Māori wards on the Auckland Council is contrary to the intent of the Declaration. The principles of the Treaty of Waitangi require the government to act with integrity toward the indigenous people of New Zealand. It will be argued that the failure of local government to utilize electoral options that will enhance Māori representation in local government breach obligations inherent in both the Declaration on the Rights of Indigenous Peoples and the Treaty of Waitangi.

Citation

Sullivan, A. and Toki, V. (2012), "It's not about Race, It's about Rights", Sarat, A. (Ed.) Studies in Law, Politics, and Society (Studies in Law, Politics, and Society, Vol. 57), Emerald Group Publishing Limited, Leeds, pp. 1-29. https://doi.org/10.1108/S1059-4337(2012)0000057004