DO UNIVERSAL HUMAN RIGHTS PROMOTE INDIGENOUS RIGHTS?

Abstract

The Universal Declaration of Human Rights proclaims a common standard of achievement for all peoples and nations. There is no specific reference to Maori or other Indigenous peoples. Recourse for a breach or non recognition of these universal human rights lie within an application to the relevant United Nation bodies. For Maori, there has always been an expectation that the rights and duties will be adhered to. This has not always been the case. Despite respected international human rights bodies finding that the actions of the New Zealand Government towards Maori are discriminatory this has not been heeded. For Pacific peoples, the effects of colonisation and past events suggest that any proposed regional human rights mechanism for the Pacific should be developed through an Indigenous lens. With an Indigenous starting point the mechanism can then draw not only on universal human rights but, more importantly it can also be sourced to core Pacific values. Nevertheless, any human rights mechanism for the Pacific peoples must be a culturally legitimate one to effectively promote and protect Pacific human rights.