Open letter to the Prime Minister
other interested parties of the right to pursue legal and other objections to the Fletcher proposal. As well as breaching the Treaty of Waitangi, the original confiscation and the SHA Act are serious violations of two key United Nations human rights instruments - the Declaration of the Rights of Indigenous Peoples (UNDRIP) and the Convention on the Elimination of Racial Discrimination (CERD).
As a full signatory to both, the New Zealand Government has a duty to comply with these agreements which also impact on our international reputation. In 2017 SOUL presented its objections to SHA 62 to the UN Permanent Forum on Indigenous Issues in New York (in May) and to the CERD Committee in
Geneva (in August). In their report, the UN recommended that, concerning Ihumatao, the NZ Government: ’’obtain the free and informed consent of Maori before approving any project affecting the use and development of their traditional land and resources’’.
As a result of your Government’s failure to address this requirement, the Committee also strongly recommends that the Crown review the SHA62 designation: ‘‘in consultation with all affected Maori ... to evaluate its conformity with the Treaty of Waitangi, the U.N. Declaration on the Rights of Indigenous Peoples and other relevant international standards.’’
History shows that mana whenua of Ihumatao have been protesting against the unfair confiscation and takeover of their lands since 1863. Our SOUL campaign is the latest manifestation of this continuing struggle for justice. SOUL calls on the New Zealand Government to action the UN recommendations immediately. Please provide the leadership needed for a just, sustainable future for the land at Ihumatao, so all New Zealanders and visitors to the country can enjoy our irreplaceable heritage. Prime Minister, the upcoming election provides the opportunity to show political leadership on this matter. Isn’t it time you delivered?
Heoi ano,
Pania Newton, SOUL Spokesperson