The UN Special Rapporteur on the Situation of Human Rights and Fundamental Freedoms of Indigenous Peoples - Rodolfo Stavenhagen - visited Aotearoa NZ, 19-24 November 2005.
The Special Rapporteur is one of the most Senior UN Human Rights officials to ever visit New Zealand for the express purpose of meeting with Maori and the Crown to gain first-hand knowledge of the human rights situation of Maori.
This website provides information about the Special Rapporteur's role and responsibilities as well as details of his programme in Aotearoa, a copy of his report and responses to the report.
The information on this website is for public information. Please feel free to use any resources/details helpful to you. We would appreciate acknowledgement of any useage by citing the website: www.pcpd.org.nz/sr
NEWS & UPDATES / OR GO TO: QUICK QUESTIONS [5/4/06] SR Report Summary prepared by Moana Jackson
[4/4/06] SR Report (full report)
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[26/11/05] SR Preliminary Report
[25/11/05] UN assumptions biased presumptions - scoop.co.nz article
[26/11/05] UN envoy paints grim picture of Maori rights - stuff.co.nz article
[25/11/05] NZ likely to get ticking off from UN - stuff.co.nz article
[21/11/05] One law for all races 'risky' says expert - NZ Herald article.
[21/11/05] Maori denied rights, UN man told - NZ Herald article.
[21/11/05] Updated list of publications & media releases available.
[17/11/05] Maori Party media release 'Minister of Maori Affairs fails to retract his statement against the foreshore and seabed bill'.
[16/11/05] Click here to listen to a National Radio (Derek Fox) interview with Aroha Mead, Lecturer in International Diplomacy at Te Wananga o Awanuiarangi.
[16/11/05] Click here to listen to a National Radio (Linda Clark) interview with Mathew Palmer, Dean of Law at Victoria University.
[15/11/05] Parliamentary questions on SR visit, CERD decision and NZ government responses.
[15/11/05] NZ government, first media release on SR visit.
[25/2/05] UN Committee for the Elimination of Racial Discrimination (CERD) media release on CERD Foreshore & Seabed Decision.
[15/11/05] Click here to listen to a National Radio report from 15 November including comments by John McEnteer, Moana Jackson, Parekura Horomia and Helen Clark.
[25/2/05] UN Committee for the Elimination of Racial Discrimination (CERD) media release on CERD Foreshore & Seabed Decision
QUICK QUESTIONS >>> back to top
- Who is the Special Rapporteur?
- What is his mandate?
- Where does he 'fit' within the UN System?
- Why did he come to New Zealand?
- What did he look for when he visited Aotearoa?
- What countries has he visited before New Zealand?
- What was his programme from 19-24 Nov 05?
- Who can I contact for more information?
- Have other Indigenous Peoples found his country visits helpful?
- What are some examples of recommendations that the SR raises in his Reports?
- Have any other UN Special Rapporteur's ever visited Aotearoa?
- ::: Click here to view a PowerPoint Presentation on the SR and his visit prepared by Marama Davidson (International Indigenous Diplomacy Programme, Te Whare Wananga o Awanuiarangi)
Who is the Special Rapporteur?
The Special Rapporteur is Rodolfo Stavenhagen: a Mexican Research Professor who taught at El Colegio de Mexico specialising in indigenous issues.
He has served on the board of the National Commission of Human Rights and as a consultant to the United Nations, UNICEF, and the Inter- American Commission on Human Rights.
He has also held teaching appointments at the National Autonomous University of Mexico, the University of Paris, the University of Geneva and has lectured widely in numerous universities and research institutions in Latin America, the United States, and around the world.
Special Rapporteurs are unpaid experts serving in an independent personal capacity who receive their mandate from the UN Commission on Human Rights and report back to it. Professor Stavenhagen has been Special Rapporteur since 2001.
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What is his mandate?
The Special Rapporteur is an independent expert, who is provided with a mandate by the United Nations Commission on Human Rights to:
o Gather information on violations of human rights and fundamental freedoms of indigenous peoples
o Formulate recommendations to remedy human rights abuses
o Work with UN Commission on Human Rights and the UN Sub-Commission on the Promotion and Protection of Human RightsThe Special Rapporteur can:
o investigate specific human rights complaints
o take complaints from indigenous groups or individuals
o visit countries on fact-findings missions
o publicly report on the rights of indigenous populations and make recommendations to that State and to UN on steps to remedy violationsThe Special Rapporteur's visit presents Maori with a unique opportunity to talk to a high-level United Nations human rights expert about the Foreshore and Seabed Act 2004 and other issues of concern to Maori.
Click here to download a copy of the official UN resolution confirming the SR's mandate. [MS Word]
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Where does he 'fit' within the UN System?
UN GENERAL ASSEMBLY
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UN Economic & Security Council
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UN Commission on Human Rights - UN Permanent Forum on Indigenous Issues
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Special Rapporteur Rodolpho StavenhagenIn 2001, the Commission on Human Rights, appointed a Special Rapporteur on the situation of the human rights and fundamental freedoms of indigenous people, Rodolfo Stavenhagen, from Mexico , in response to the growing international concern regarding the marginalization and discrimination against indigenous people worldwide. The mandate, created by Commission on Human Rights resolution 2001/57, represents a significant moment for the on-going pursuit of indigenous peoples to safeguard their human rights.
The SR's role is complementary to those of the WGIP and the Permanent Forum and aims at strengthening the mechanisms of protection of the human rights of indigenous peoples. He therefore has a close association with the Permanent Forum but his mandate comes directly from the Commission on Human Rights.
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Why did he come to New Zealand?
Here is the sequence of events which lead to the Special Rapporteur coming to Aotearoa:
July 2004: Treaty Tribes Coalition, Taranaki Maori Trust Board and Ngai Tahu took a complaint about the Foreshore and Seabed issue to the UN Committee on the Convention on Elimination of Racial Discrimination [CERD]
November 2004: New Zealand Government passed the Foreshore and Seabed Act (FS & SB Act).
March 2005: UN Committee on the Elimination of Racial Discrimination (CERD) found that the FS & SB Act took away Maori rights and treated Maori unfairly.
"the legislation appears ... on balance to contain discriminatory aspects against the Maori, in particular in its extinguishment of the possibility of establishing Maori title to the foreshore and seabed and in its failure to provide a guaranteed right of redress." CERD ReportMid 2005: Special Rapporteur requested the NZ Government to invite him for an official country visit.
Following his visit to Aotearoa the Special Rapporteur will write a maximum 25 page report on his findings. Some indigenous peoples have found it useful to write a supplementary report providing greater detail on the Special Rapporteurs report and his visit to their country.
The SR's report will be completed by April 2006.
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What did he look for when he visited Aotearoa?
o He has a clear purpose to gather information on the human rights violations of Maori people
o In previous visits he has appreciated hearing about specific situations/abuses, and has commented on the benefit of 'seeing first hand' the plight of indigenous peoples
o He can request the audience of particular people, groups or organisations
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What countries has he visited before New Zealand?
Since being appointed to this position in 2001 the Special Rapporteur has visited the following countries in his official role (with links to country reports):
o July/Aug 2005 South Africa
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What was his programme?
The Crown has the main responsibility for the SR's programme. At this stage there is no officially confirmed programme. Please keep checking back to this site for updates. Engagements that are confirmed include:
Public Meetings Sat 19 Nov Parihaka, Taranakai : Te Kahui Rangatira Sun 20 Nov Te Wai Pounamu Hui : Tuahiwi Marae Mon 21 Nov Tue 22 Nov Regional Hui : Ngahutoitoi Marae, Paeroa (9am-12.30pm)
Regional Hui : Te Papaiouru Marae, Ohinemutu, Rotorua (2.30pm- 5.30pm)
Wed 23 Nov 12noon-2pm : Meeting Room, Ground Floor, Archives NZ, Murphy St, Wellington Thu 24 Nov
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Who can I contact for more information?
A voluntatry "ad-Hoc' Maori organising Committee has been formed in order to ensure Maori participation in the SR's visit is maximised. The Committee members comprise: Moana Jackson [Chair], Aroha Mead, Catherine Davis, Huirangi Waikerepuru, John McEnteer, Kim Rigby, Maui Solomon, Mike Smith, Rata Pue, Sacha McMeeking, Taki Anaru, Tahu Potiki, Tracey Whare.
You can also contact the following regional representatives of the national collective: Region/Rohe Contact Person / email Phone Tai Tokerau Catherine Davis (09)4081971 Hauraki John McEnteer (021)985127 Rotorua Rawiri Rangitauira (07) 348-0034 Taranaki Rata Pue (06)754 6440 / (027)6789301 Te Wai Pounamu Sacha McMeeking (027)6722426 GENERAL ENQUIRIES: Moana Jackson or Aroha Mead (027-3155342) The Crown representatives are: Ministry of Foreign Affairs & Trade, Peter Noble, and Pania Tyson-Nathan,Te Puni Kokiri.
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Have other Indigenous Peoples found his country visits helpful?
When the SR presented his Report on his visit to the PHILIPPINES, the government responded that they consider his report to be "a litany of unsubstantiated allegations and ridiculous recommendations. The Philippines government also said it "disapproves of the way in which the SR carried out his investigation and found his insistence on reopening cases that were considered and decided upon by other procedures of the Commission incomprehensible and the reduction of his meeting time with government officials surprising." [doCIP Update 51, March 2003]
In response, the Cordillera Peoples Alliance said they appreciated the official visit of the SR to the Philippines and confirmed his findings that despite the implementation of the Indigenous Peoples Rights Act, serious violations of IPs' rights persist at an alarming level.
According the Chair of the UN Permanent Forum on Indigenous Issues, Victoria Tauili-Corpuz, "I think for Indigenous Peoples this is one of the rare instances where finally they sort of saw what the United Nations can do for them. For most Indigenous Peoples in the world, the United Nations is a very distant entity. And it's something that they virtually haven't heard of, you know, but this mechanism of a Special Rapporteur is really quite exceptional in a way because really the United Nations system to have a face, you know, and the people who are there in the villages are experiencing these violations have an opportunity to talk with a Special Rapporteur who represents the United Nations. And I think that for us the first response that we got from them, you know, they said, "Oh, so this what the United Nations is all about." Finally they see what the United Nations is. I think that was really very significant and it somehow brought the United Nations really to the grass roots level."
Reference: Tauli Corpuz, Victoria. 2003. Dialogue between Nations. [Online]. Retrieved 03 November 2005
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What are some examples of recommendations that the SR raises in his Reports?
The SR's reports contain the summary of his observations and findings and the recommendations for the government, the UN system, the indigenous peoples and NGOs. After the visit, the SR makes a draft report which he sends out to the government of the country he visited, the indigenous organizations and NGOs for them to make their comments. He will make his final draft, taking into consideration the comments submitted which is then translated into the six official languages of the UN. Reports are a maximum of 25 pages.
The reports of the Special Rapporteur can contribute significantly to the evolution of standards on the rights of indigenous peoples. These can also contribute to the recognition and compliance of state obligations to ensure the human rights and fundamental freedoms of indigenous peoples.
SR reports can carry sound recommendations - some selected examples include:
- September 2002: visit to Guatemala - that the Government should expand its activities and upgrade the policies affecting the indigenous peoples, and renew its commitment to the implementation of the Peace Agreements; the United Nations should establish a mission specially focused on the indigenous peoples, in cooperation with the Office of the United Nations High Commissioner for Human Rights; that the indigenous peoples' organizations and other non-governmental organizations, including the academic community, should take steps to draw up a joint programme to promote, verify and foster the implementation of the Agreement on Identity and Rights of Indigenous People, which forms part of the Peace Agreements.
- December 2002 visit to Philippines: "that the National Commission on Indigenous Peoples (NCIP) become firmly established as the lead agency in protecting and pro-moting indigenous rights, as well as in implementing government policy with regard to the indigenous communities. The capacity of NCIP must be strengthened in terms of adequate institutional, human and financial resources. NCIP offices fully qualified to deal with development and human rights issues in defence of indigenous communities should be set up in every indigenous area. NCIP should further improve its coordination with other government agencies, particularly with the Department of Environment and Natural Resources, for the effective implementation of the provisions of IPRA, especially as regards the question of ancestral domain claims and titles. The widest possible participation of indigenous peoples in the activities of NCIP must be assured at all levels."
- June 2004 visit to Canada: "that achievements of the Aboriginal communities in Nova Scotia, Quebec, Manitoba, Ontario and Nunavut be consolidated; that new legislation on Aboriginal rights be enacted by the Parliament of Canada; that it be clearly established in the text and spirit of any agreement between an Aboriginal people and a government in Canada that no matter what is negotiated, the inherent constitutional rights of Aboriginal peoples are inalienable and cannot be relinquished, ceded or released; and that the Government address with high priority the elimination from existing legislation of provisions that place certain categories of First Nation women at a disadvantage. This report will go to the next sitting of the United Nations Commission on Human Rights in April 2006."
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Have any other UN Special Rapporteur's ever visited Aotearoa?
Yes. The previous SR, Miguel Alfonso Martínez visited in May 1997. His Final Report on the 'Study on treaties, agreements and other constructive arrangements between states and indigenous populations' [PDF] made a clear finding that treaties between indigenous peoples and states are international treaties.
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