We ought to be ashamed

The UN Committee on the Elimination of Racial Discrimination has slammed the Foreshore and Seabed Act 2004 as discriminating against Maori by extinguishing possible customary title over the foreshore and seabed without providing a guaranteed right of redress. This violates our obligations under the International Convention on the Elimination of All Forms of Racial Discrimination, and particularly Article 5, which guarantees everyone, "without distinction as to race, colour, or national or ethnic origin... equality before the law" as well as "the right to equal treatment before the tribunals and all other organs administering justice". I have not been able to find the actual report, but we are mentioned in this press release - right below the "Decision on Situation in Darfur":

In a decision on New Zealand, the Committee noted its review of the compatibility of the New Zealand Foreshore and Seabed Act 2004 with the provisions of the International Convention on the Elimination of All Forms of Racial Discrimination in the light of information received both from the Government of New Zealand and a number of Maori non-governmental organizations and taking into account its General Recommendation No. XXIII on indigenous peoples. The Committee expressed its appreciation at having had the opportunity to engage in a constructive dialogue with the State party and the State party’s written and oral responses to its requests for information related to the legislation, including those submitted on 17 February and 9 March 2005. Bearing in mind the complexity of the issues involved, the legislation appeared to the Committee, on balance, to contain discriminatory aspects against the Maori, in particular in its extinguishment of the possibility of establishing Maori 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.

The Committee acknowledged with appreciation the State party’s tradition of negotiation with the Maori on all matters concerning them and 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 Maori 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 Maori 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 Maori.

I'm hoping that the full report will eventually show up here. A description of the submissions process is here.

This is a decision we should all be ashamed of. But what's even more shameful is that this had to go before the UN in the first place. The bill's violation of the equal right to justice was identified the moment it was put before the house, and yet the government chose to ram it through anyway. Now our international reputation is suffering because of their desire for a "quick fix" to satisfy the redneck vote...

The committee's decision is only going to strengthen Maori resolve over the foreshore - not to mention providing the Maori Party with a serious piece of ammunition in its competition for the Maori vote. And if they are successful in sweeping the Maori seats, we may find the Foreshore and Seabed Act being revisited...