Balancing Indigenous World
Views with Global Perspectives
Te Pae Roa 2040 Hui Taumata
Conference
Dr Robert Joseph
Te Piringa-Faculty of Law,
University of Waikato
2-3 September 2014
Overview
• Balancing Indigenous World
Views
• Indigenous Peoples?
• UNDRIP
• Ngati Apakura case study
• Maori Governance
• Challenges
Different World Views
Indigenous Peoples of the World
Who are Indigenous Peoples?
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Geo-politically = the Fourth world
350 million Indigenous Peoples
Representing 5,000 cultures and languages
Across 70 countries
Embody and nurture 80% worlds cultural and
biological diversity
Occupy 20% world’s land surface
Some are majority of population eg Bolivia
Others small minorities
Recognise common plight and work for selfdetermination based on respect for the earth
Share common history and consequences
Diverse
– From isolated foraging peoples in developing countries
– To urbanised communities
Inuit of Canada and
Siberia
Saami of Scandanivia
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Recent Response from International
Community
• United Nations Declaration on the Rights of Indigenous
Peoples 2007 (UNDRIP)
– Drafted over 23+ years
– Adopted by the UN General Assembly on 13 September 2007
• 143 countries support
• 4 countries opposed: Canada, Australia, New Zealand and the USA
(CANZUS States)
– Ratified by 1 country – Bolivia
– Not a Treaty – so not enforceable, BUT arguably influencing
international customary law
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Good Indigenous Governance
Discourse
Self-determination – international
human rights and Indigenous rights
discourse - achieve political,
cultural, social, economic
development
UNDRIP 2007 – Article 3 – right to
self-determination – freely
determine political status, freely
pursue eco, soc, cultural
development
Article 4 – right to autonomy, selfgovernment re internal and local
affairs
Ngati Apakura
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‘Golden Age of Maori Development’
Great entrepreneurial tradition
Tikanga based
Tribe – self-determination - political
,eco, soc, cult development amazing
degree
Treaty of Waitangi 1840
Māori Early Entrepreneurs
“Māori were capable and
competitive entrepreneurs who
could grow produce and harvest
commodities such as flax and
timber on a large scale. In this
context, the co-operative structure
of internal tribal organisation and
the system of mutual obligation
implied by the custom of utu were
distinct assets” (King, 2003, p.
127)
Māori Governance
– William Rees 1891 AJHR G4, at xviii:
‘When the colony was founded the Natives
were already far advanced towards
corporative existence. Every tribe was a quasi
corporation. It needed only to reduce to law
that old system of representative action
practiced by the chiefs, and the very safest
and easiest mode of corporate dealing could
have been obtained. So simple a plan was
treated with contempt. The tribal existence
was dissolved into its component parts. The
work which we have, with so much care, been
doing amongst ourselves for centuries,
namely the binding together of individuals in
corporations, we deliberately undid in our
government of the Maoris.’
Early success bolstered by demographic
superiority, unfettered access to major
resources – land, forests, fisheries and other
taonga
William Lee Rees 1836-1912
E Pa To Hau – Lament for the
Apakura
• Rangiamoa cousin to Te Wano
• Composed for loss of lands
• Pain of the loss
• Titiraupenga – Te Wano ill, asked to climb
Titiraupenga to view Ngati Apakura rohe
• Died, buried there
• Enduring reminder generational mamae
Te Rohe Pōtae – 1864-1889
• Post-Waikato Wars
• Kīngitanga withdrew
into King Country
• State within a State
• Self-government, Parliament, laws,
trade, tax system
• Home Rule – tikanga
Māori
• Aukati –
international
territorial boundary
• Any breach – capital
offence.
• Railway dismantled
the system
Recent Global Developments
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Internationalisation Indigenous rights
Good governance discourse
UNDRIP, Indigenous self-governance - jurisdiction
Devolution – Scottish Parliament
USA – residual sovereignty
Canada – self-government discourse JBNQA,
Inuvialuit, Nisga’a, Labrador, Nunavut
• Australia – NTA, ILUAs
• Pacific Island states
• Asia – Malaysia, Philippines, Taiwan, New Guinea
Contemporary Māori Society
• Degree of old order being restored via
Treaty of Waitangi settlements
• Treaty settlements offer Māori
opportunity and advantage similar to
early years
• ‘Treaty right’ eg. property - first right
of refusal to purchase properties
• Forestry – CFRT - licenses
• Fisheries – Te Ohu Kaimoana –
commercial fisheries right, customary
fishing rights - AFL
• Tourism – not a Treaty right but
unique cultural & intellectual property
rights
• Good Māori governance vital!
• Self-governance jurisdiction? Tuhoe,
Whanganui?
Contemporary Māori
Governance Challenges
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Traditional
Transactional
Transformational
Translational
Balanced?
Best Defence?
• Indigenous and Maori Self-determination
& Self-governance Defence?
• De Facto – in fact
• De Jure – in law
• Balance right?
• Mana Motuhake responsibility! Creative
Potential