UN slams Foreshore and Seabed Act

The 66th Session of the Committee on the Elimination of Racial Discrimination has issued a report this weekend saying that the Foreshore and Seabed Act discriminates against Maori by extinguishing the possibility of establishing Maori customary title over the foreshore and seabed and that it fails to guarantee redress. Redress is one of the prinicples of the Treaty of Waitangi.. Here's some of what the UN committee said.

Bearing in mind the complexity of the issues involved, the New Zealand Foreshore and Seabed Act 2004 appeared to the Committee, on balance, to contain discriminatory aspects against the Māori, in particular in its extinguishment of the possibility of establishing Māori customary title over the foreshore and seabed and its failure to provide a guaranteed right of redress, notwithstanding the State party’s obligations under articles 5 and 6 of the Convention

So the Committeee has some suggestions that Michael Cullen has welcomed but indicated that he will ignore the findings. And he is entitled to under the doctrine of parliamentary sovereignty. Among the main sticking points is that the UN says the Act does not provide redress, Cullen says it does.

"The committee's decision is relatively short, running to only nine paragraphs and does not provide much commentary on their reasons for reaching the conclusions they did.

"I would point out, however, that the committee did not find that the Act was a breach of the Convention. Its finding was more circumspect,"

This is the sort of thing that happens when Governments rush through legislation that is opposed by a great majority of the people affected. Consequently people take offence and go to the UN if our laws are seen to breach international treaties. So the finding was not unexpected. Sure the issues were complex, but that in itself should have meant that more time was taken to draft the legislation and consult with those affected.

The Committee urged the State party, in a spirit of goodwill and in accordance with the ideals of the Waitangi Treaty, to resume a dialogue with the Māori community with regard to the legislation in order to seek ways of lessening its discriminatory effects, including where necessary through legislative amendment. Moreover, the Committee requested the State party to monitor closely the implementation of the Foreshore and Seabed Act, its impact on the Māori population and the developing state of race relations in New Zealand and to take steps to minimize any negative effects, especially by way of a flexible application of the legislation and by broadening the scope of redress available to the Māori

.
Some Maori - particularly Ngai Tahu leaders, who took the case to the UN- have said that if things don’t change in a hurry they will go straight back to the United Nations.

It is also noted that the UN committee sent a letter to the Government a year or so ago, "referring to a Bill under discussion for adoption in New Zealand regarding which the Committee received information from non-governmental sources alleging that it discriminates against Maori on ethnic and racial grounds. In both cases the Committee requested further information before 20 September 2004."

What's the bet that Helen Clark will say the UN report is inaccurate. She usually treats the UN with high regard, but not this time. The Government will, however, report to the Committee by the end of the year.