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New Zealand Human Rights Commission Submissions |
Last Updated: 31 May 2015
22 February 2012
Claire Charters
Human Rights
Officer
Indigenous Peoples and Minorities Section Office of the
United
Nations High Commissioner for Human Rights
CH-1211
Geneva
10
Switzerland
Tēnā koe Claire
SUBMISSION BY
NEW ZEALAND HUMAN RIGHTS COMMISSION
UN Expert Mechanism on the
Rights of Indigenous Peoples: Consultation on the role of languages and culture
in the promotion and protection
of the rights and identity of indigenous peoples
(AK/ST/cc)
In response to the Office of the United Nations High
Commissioner for Human Right’s email of 11 November 2011, the following
information is provided by the New Zealand Human Rights Commission (the
Commission).
Summary of submission
The Commission promotes
the right to language as affirmed in Article 27 of the International Covenant on
Civil and Political Rights
and in the Declaration on the Rights of Indigenous
Peoples. Language and culture are indivisible, as language contains, and allows
for the expression of culture.
The Commission believes that the
effective promotion and protection of languages requires four
components:
1. A clear strategy agreed between indigenous peoples and the
State
2. Indigenous community commitment and action
3. State financial
support and a legislative and institutional framework; including official
recognition of indigenous languages
4. Wider community acceptance and
recognition of the right to language
It is important for National Human
Rights Institutions to promote the right to language for indigenous people as an
integral part
of their general advocacy for human rights.
Toi te kupu,
toi te mana, toi te
whenua[1]
Without the
language, without prestige and without land, Māoritanga will cease to
exist. These three: language, prestige and
land are the life of
Māoritanga. [2]
Thank you
for the opportunity for input into the study on the role of languages and
culture by the Expert Mechanism on the Rights
of Indigenous Peoples. The
Commission recognises the vital importance of language to culture and indigenous
people’s economic
and social wellbeing. Language is culture. It embodies
the history, values and traditions of a people and expresses their worldviews.
It binds people together and binds them to their environment. Māori culture
and its expression through te reo Māori (the
Māori language) is the
primary source of identity, and of self-esteem for an individual and a
community.
In 2008, the New Zealand representative at the United Nations
General Assembly recognised the link between te reo Māori and the
well-being of Māori. She stated that the Government agreed with Māori,
‘that growth in use of the indigenous language
contributes to the
wellbeing of Maori, both individually and as a
community.’[3] Two years later,
the New Zealand Government expressed its support for the United Nations
Declaration on the Rights of Indigenous
Peoples (UNDRIP).
Article 13 of
UNDRIP states that indigenous peoples ‘have the right to revitalize, use,
develop and transmit to future generations
their...languages’, and that
States ‘shall take effective measures to ensure that this right is
protected’. Article
11 states that indigenous peoples ‘have the
right to practise and revitalize their cultural traditions and customs.’
The Commission promotes public awareness of UNDRIP, including those particular
articles, through facilitated discussion and advice
for Māori and
government agencies on ways to implement UNDRIP in policy and
practice.
As a National Human Rights Institution, the Commission
recognises that it has a responsibility to promote and protect the right to
language. The Commission believes that New Zealand has a particular
responsibility under the Treaty of
Waitangi[4] and international law to
protect and promote te reo Māori as the indigenous language of New Zealand.
New Zealand also has a
special responsibility to protect and promote other
languages that are indigenous to the New Zealand
realm:[5] Vagahau Niue, Gagana
Tokelau, Cook Island Māori, and New Zealand Sign
Language.
Evolution of te reo Māori
Communication in
te reo Māori has declined since the colonisation of New Zealand in the
19th century. Use of te reo Māori was actively suppressed and
discouraged until the later half of the 20th century. The 1970s saw
an increase in vocal concern by Māori for the decline in the use of te reo
Māori. Māori began
to take more concerted actions to voice their
concerns at State policies and practices, and to establish Māori ways of
learning
and teaching te reo Māori.
In 1972 a Māori Language
Petition asking that te reo Māori be offered in schools was presented to
Parliament. Within the
next decade, Māori established community-based
learning of te reo Māori, and bi-lingual and immersion education at
preschool,
primary, secondary and tertiary level, and in some mainstream schools
including:
Māori have also driven the revitalisation of te reo Māori and Māori culture as expressed through the language of visual arts, including kapa haka,[7] tā moko,[8] carving and weaving. Kapa haka festivals of Māori performing arts began to emerge in the 1960s, and have evolved into a National Kapa Haka Festival, Te Matatini o te Rā, which has been held since 1972.[9] Tā moko has seen resurgence, and a national art organisation, Te Uhi a Mataora, was established in 2000 to oversee the development and retention of tā moko as an art form.[10]
The New Zealand Māori Arts and Crafts Institute (now known as Te
Puia)[11] was established by statute
in 1963,[12] to act as guardians for
Māori culture, arts and crafts. Te Puia is the home of national schools of
carving and weaving. It operates
today as a centre of ‘knowledge and
excellence for the preservation, presentation, education and growth of
traditional expressions
of Māori arts, crafts and
culture’.[13] Traditional
expressions of Māori art are not limited to traditional resources. Te Puia
also encourages Māori art expression
that maintains its relevance in
contemporary times, using contemporary mediums.
State promotion and
protection of te reo Māori
There has been an evolving state
response to Māori pressure and initiatives to halt the decline of te reo
Māori, and increase
its use.
The Māori Language Act 1987
recognised te reo Māori as an official language of New Zealand and provided
for te reo Māori
to be spoken in certain legal
proceedings.[14] It also established
Te Taura Whiri i te Reo Māori, (the Māori Language Commission), to
protect and foster the use of te
reo
Māori.[15] The Act was a
response to the comprehensive claim to te reo
Māori[16] heard by the Waitangi
Tribunal[17] in the 1980s,
concerning the Crown’s failure to protect the language, as required by
Article Two of the Treaty of Waitangi.
Broadcasting
The Iwi Radio Network was established in the early 1990s in
response to the Waitangi Tribunal’s recommendations on a claim to
Māori interests in the radio spectrum. The Government reserved the
frequencies for the promotion of Māori language and
culture. Iwi radio
frequency licences are issued to 21 iwi.
[18] These licences
stipulate that frequencies must be used for the purpose of promoting Māori
language and culture and broadcasting
to a primarily Māori audience.
The
Māori Television Service Act 2003 (Te Aratuku Whakaata Irirangi Māori)
established Māori Television as a statutory
corporation to protect and
promote te reo Māori in broadcasting. Māori Television has two
stakeholder interest groups:
the Crown and Te Pūtahi Paoho (the Māori
Electoral
College).[19]
In 2008, Māori Television launched a Māori-language-only channel, Te
Reo.
Te Reo Māori in 2012
Despite efforts to revitalise te
reo Māori, challenges still remain. Special Rapporteur James Anaya has
urged the Government
to take action to address, “the shortage of teachers
fluent in the Māori language and to continue to develop Māori
language
programs.”[20]
The
state of te reo Māori has also recently come under scrutiny in two major
reports: the Waitangi Tribunal’s report on
te reo Māori as part of
the WAI 262 claim in 2010,[21] and a
Ministerial task force’s review of the Māori Language Strategy and
Sector, Te Reo Mauriora in 2011.[22]
New Zealand is currently at a turning point of policy decisions being made as a
result of this review, and therefore a new Māori
Language Strategy has yet
to be developed in response to these reports and other findings.
An
emerging language maintenance issue is the significant proportion of Māori
who live in Australia, estimated at around 20 per
cent of the global Māori
population.[23] A similar situation
is faced by significant proportions of people from small Pacific Island States,
who have migrated to New
Zealand.[24]
New Zealand
Human Rights Commission
In accord with its recognition of the vital
importance of language to culture and to the wellbeing of Māori, the
Commission has
worked actively for the past decade with Te Puni Kōkiri (the
Ministry of Māori Affairs) and Te Taura Whiri i te Reo Māori
on the
promotion and recognition of te reo Māori by the Government and in the
public sphere. As a result of this work, we have
seen much wider recognition of,
and some use of te reo Māori in the media and the commercial sphere over
the past five years,
particularly as a result of the annual Māori Language
Week promoting wider use of te reo Māori in public and community
life. An
example of this are the significant initiatives run by Progressive Enterprises
Limited, New Zealand’s largest single
grocery company, to promote
Māori Language Week to its customers and introduce bilingual signage in its
stores.
In 2007 the Human Rights Commission published a statement on
language policy that called for, among other things, a national languages
policy
and specific strategies for te reo
Māori.[25] The call was renewed
in the Commission’s Review of human rights in New Zealand
2010.[26] To support discussion on
language strategies, the Commission facilitates a language policy network,
publishes a monthly newsletter
and hosts an annual language policy
forum.
While this proposal has not been taken up by the Government, there
have been important developments over the past five years such
as the
introduction of a separate curriculum area for languages in the New Zealand
Curriculum; the production of a Māori Medium
Curriculum (Te Marautanga o
Aotearoa) and curriculum guidelines for Māori in the mainstream. The
question of whether all New
Zealand children should be taught te reo Māori
at school is a current topic of public
debate.
Conclusion
The Commission believes that the
effective promotion and protection of languages requires four
components:
It
is important for National Human Rights Institutions to promote the right to
language for indigenous people as an integral part
of their general advocacy for
human rights.
Please do not hesitate to contact me if you would like
further comment on the above. I wish you all the best in developing your
report.
Nāku noa, nā
Joris de
Bres
Race Relations Commissioner
Kaihautū
Whakawhanaunga-ā-Iwi
Appendix 1
Languages in Aotearoa New Zealand
Te
Waka a Reo - Statement on Language Policy
New Zealand's Language Diversity
The 2006 census figures show that after English, Māori is the most commonly spoken language in New Zealand, followed by Samoan, French, Hindi, Yue and Northern Chinese. The numbers of speakers are:
English 3,673,626
Māori 157,110
Samoan 85,428
French 53,757
Hindi 44,589
Yue 44,154
Northern Chinese 41,391
Other 509,358
Census data also show that the majority of New Zealanders continue to be monolingual, with 76.6% speaking only one language.
The need for a national languages policy was identified in a landmark report published by the Ministry of Education in 1992. The Aoteareo report by Jeffrey Waite was the product of a National Languages Policy Task Force.
Unfortunately it did not get further political traction at the time. The call for a national languages policy was renewed in the New Zealand Action Plan for Human Rights and at the New Zealand Diversity Forum in 2005. By then a number of the language issues raised by Jeffrey Waite had assumed even greater urgency with the increased ethnic diversity in New Zealand, the decline in the use of some community languages and the onward march of globalisation.
The absence of a national languages policy has not prevented some very positive initiatives from occurring in particular areas. The lack of an overall strategic framework however has meant that these initiatives have been piecemeal and that some key issues have been overlooked or insufficiently addressed.
The Statement on Language Policy, developed through the national language policy network of the New Zealand Diversity Action Programme, is intended to provide an elementary framework to prioritise, implement and monitor language policy development in New Zealand pending the development of a more substantial strategy. Hopefully it will stimulate further debate and action.
This booklet contains the Statement, the language priorities from the New Zealand Action Plan for Human Rights and details of Te Waka Reo, the national language policy network. It is published as a contribution to the United Nations International Year of Languages.
Joris de Bres
Race Relations
Commissioner
Kaihautu Whakawhanaunga a Iwi
New Zealand is a diverse society in a globalised international community. It has an indigenous language, te reo Māori, and a bicultural Māori and Anglo-Celtic foundation. It is located in the Asia Pacific region and many people from the Pacific and Asia have settled here. Languages are a valuable national resource in terms of our cultural identities, cultural diversity and international connectedness. They are vitally important for individuals and communities, bringing educational, social, cultural and economic benefits. They contribute to all three national priorities of national identity, economic transformation and families young and old.
English is the most widely used language in New Zealand and the ability to communicate in English is important for all New Zealanders. Te reo Māori and New Zealand Sign Language are recognised by law as official languages. The number of speakers of te reo Māori is now increasing but much remains to be done to secure its future as a living language.
A majority of New Zealanders currently speak only one language. There are however significant communities that have a heritage language other than English. New Zealand’s Māori, Pacific and Asian communities alone make up nearly a third of the population. The most common community languages other than English are te reo Māori, Chinese languages, Samoan, and Hindi.
Human Rights and Responsibilities
The right to learn and use one’s own language is an internationally recognised human right. Human rights treaties and declarations specifically refer to rights and responsibilities in relation to indigenous languages, minority languages, learning and using one’s mother tongue, the value of learning international languages, and access to interpretation and translation services. The New Zealand Bill of Rights Act provides that ‘a person who belongs to an ethnic, religious, or linguistic minority in New Zealand shall not be denied the right, in community with other members of that minority, to enjoy the culture, to profess and practise the religion, or to use the language of that minority’.
New Zealand has a particular responsibility under the Treaty of Waitangi and international law to protect and promote te reo Māori as the indigenous language of New Zealand. It also has a special responsibility to protect and promote other languages that are indigenous to the New Zealand realm: Vagahau Niue, Gagana Tokelau, Cook Island Māori, and New Zealand Sign Language. It has a regional responsibility as a Pacific nation to promote and protect other Pacific languages, particularly where significant proportions of their communities live in New Zealand.
A significant and growing proportion of New Zealand’s trade is with Asia and learning the languages of our key trading partners is an economic imperative.
All New Zealanders should have the opportunity and support to achieve oral competence and literacy in English through school, adult literacy programmes and ESOL (English for Speakers of Other Languages) programmes.
All New Zealanders should have the opportunity and support to learn te reo Māori and use it in the home, in education and in the community. The importance of maintaining te reo Māori as a unique indigenous living New Zealand language should be publicly promoted as part of our national heritage and identity.
All Deaf people should have the opportunity and support to learn and use New Zealand Sign Language in the home, in education and in the community and have access to interpreters. Other New Zealanders should also have the opportunity and support to learn and use NZSL.
All Cook Island Māori, Niuean and Tokelauan people living in New Zealand should have the opportunity and support to learn and use their heritage language. Other Pacific peoples in New Zealand should have the opportunity and support to learn and use their languages through public and community provision.
Community and Heritage Languages
People whose community or heritage language is other than English, Māori or Pacific should have the opportunity and support to learn and use these languages through public and community provision.
New Zealanders should be encouraged and given opportunities and support to learn international languages, including those of New Zealand’s key trading partners.
Within a general languages policy framework specific strategies are needed for both priority language groups and priority sectors. All such strategies should recognise that:
There should be specific national strategies for English literacy and ESOL, te reo Māori, New Zealand Sign Language, Pacific languages, community and heritage languages and international languages. Such strategies should address the dual goals of language maintenance and development within minority communities and wider public acceptance of language diversity.
There should be sector strategies for languages in the home, the community, education (early childhood centres, schools, tertiary), public services (including translation and interpretation services), business and broadcasting.
Priorities in the implementation of a national languages policy are to:
National Language Policy Network
Te Waka Reo is a national language policy network facilitated by the Human Rights Commission as part of the New Zealand Diversity Action Programme.
Its purpose is to:
People on the network receive a monthly electronic newsletter, Te Waka Reo, with news and information about languages and language policy.
A language policy forum is held as part of the New Zealand Diversity Forum every August. Topics have ranged from the need for a national language policy (2005) to community languages (2006), developments in national language policy (2007) and languages in schools (2008). The focus is on practical action. The 2007 forum resulted in the development of the Statement on Language Policy.
Annual Review of Language Diversity
The Human Rights Commission publishes an annual review of developments in language diversity as part of its annual review of race relations. The review is published in March. Previous reviews are available on the Commission’s website (www.hrc.co.nz).
Organisations are encouraged to register language programmes, initiatives, projects and events with the New Zealand Diversity Action Programme. The Programme is facilitated by the Human Rights Commission and promotes practical action on race relations and cultural diversity. Registration is free and provides promotion and acknowledgment of projects, sharing of good practice, forums to meet other participants and networks of organisations engaged in similar areas of activity. Projects registered in 2008 include Māori Language Week, International Languages Week, the International Year of Languages, Pacific languages programmes, conferences, workshops, media programmes and the development of new resources.
The New Zealand Action Plan for Human Rights
The New Zealand Action Plan for Human Rights identifies language as one of the key priorities for human rights and race relations in New Zealand. The Action Plan was developed by the New Zealand Human Rights Commission pursuant to a specific requirement of the Human Rights Act and after extensive public consultation. It was published in 2005.
The outcome for language is as follows:
By the bicentenary of the signing of the Treaty of Waitangi in 2040 New Zealand is well established as a bilingual nation and communities are supported in the use of other languages.
The Action Plan Provides the Following Rational and Priorities for Action:
Language is a critical issue for race relations, both in affirming identity and in fostering understanding of different cultures. New Zealand has a particular responsibility to ensure the protection and use of te reo Māori as an indigenous language and also to ensure the survival of a number of Pacific languages because of the special relationship with some Pacific Island countries and the high proportion of their populations that now live here. English language acquisition is also vital to the successful settlement and integration of migrants and refugees.
• Progressively provide opportunities for all New Zealanders to develop knowledge of tikanga Māori and the ability to communicate competently in both English and te reo Māori
• Include te reo and tikanga Māori in teacher education and professional development to ensure their effective use in teaching
• Ensure the continued survival and use of the Cook Island Māori, Niuean and Tokelauan languages in New Zealand and foster the retention and use of other Pacific languages
• Develop a languages policy that encourages the learning of a range of languages and supports community efforts to teach their heritage languages
• Ensure that all new migrants and refugees have access to appropriate English language tuition
• Extend the availability of the Language Line interpreter service to all public agencies.
Current Strategies and Initiatives
There are existing strategies for English literacy, Adult ESOL and te reo Māori. The te reo Māori Strategy is being updated in 2008-09. There are no comprehensive strategies for any of the other languages or sectors identified but there have been a variety of initiatives within these areas. New Zealand Sign Language was declared an official language in 2006. The New Zealand Curriculum adopted in 2007 includes languages as a learning area for all students and a languages in schooling strategy is under development. The Ministry of Education has recently completed curricula for a number of Pacific languages and the Ministry of Pacific Island Affairs has piloted a Mind Your Language programme for the Niuean, Tokelauan and Cook Island communities. There are a variety of supports for Māori, Pacific and other community language broadcasting.
Key government agencies with responsibility for aspects of language policy include the Ministry of Education, the Tertiary Education Commission, Te Puni Kōkiri, the Māori Language Commission, the Ministry of Pacific Island Affairs, the Office of Ethnic Affairs, the Ministry for Culture and Heritage, the Ministry of Social Development, and the Department of Labour. The Human Rights Commission facilitates a language policy network, Te Waka Reo, and the New Zealand National Commission for UNESCO is the lead agency for the United Nations International Year of Languages.
The Diversity Fern is the logo of the New Zealand Diversity Action Programme. It was originally designed for Race Relations Day 2005 by Malaysian-born New Zealand designer Jean Voon. The fern represents the growing cultural diversity of New Zealand, with baby fronds symbolising new growth, a Middle Eastern (Iranian) motif, a Vietnamese motif from fabric, an Indian paisley design, a traditional Chinese character found on silk cloth, a Samoan tapa cloth pattern, a European Fleur de Lys from the doors of St Patrick's Cathedral (Auckland), and a traditional Māori kowhaiwhai pattern from a painted panel in Manutuke church (1849, Rongowhakaata).
Published by the New Zealand Human Rights Commission for the New Zealand Diversity Action programme, August 2008. ISBN: 978-0-478-32946-9 (HTML) / 978-0-478-32914-8 (Printed) / 978-0-478-32915-5 (PDF)
[1] This proverb has been
attributed to Tinirau from the Whanganui district. See Te Ao Hou: The New World
magazine (1957), p 42.
[2] This
explanation of this proverb is given by Sir Kingi Ihaka, in Te Ao Hou: The New
World magazine (1957), p 42. Te Aka Māori-English,
English-Māori
Dictionary defines Māoritanga as “Maori practices, traditions and
beliefs”.
[3] Statement by Ms Nicola Hill, Representative of New Zealand, 20 October 2008 at UNGA Third Committee, Item 64 Indigenous Issues.
[4] Te Tiriti o Waitangi
(Māori language Treaty) and the Treaty of Waitangi (English language
Treaty) were signed in 1840 between
the British Crown and some Māori
rangatira (leaders).
[5] The Realm
of New Zealand includes New Zealand, the territory of Tokelau, and the
self-governing states of the Cook Islands and Niue.
See the website of the
Governor General of New Zealand at
http://gg.govt.nz/role/constofnz.htm
[6]
See
http://www.teataarangi.org.nz/
[7]
Te Aka Māori-English, English-Māori Dictionary defines kapa haka as
“concert party, haka group, Māori cultural group, Māori
performing group”.
[8]
Māori facial and body
tattooing.
[9] See
http://www.tematatini.co.nz/
[10]
See
http://www.maoriart.org.nz/moko-artists-c-52_71.html
[11]
See
http://www.tepuia.com/index.htm
[12]
New Zealand Māori Arts & Crafts Institute Act
(1963)
[13]
http://www.tepuia.com/about_te_puia_new_zealand_maori_arts_and_crafts.htm
[14]
Section 4, Māori Language Act
1987.
[15] Section 6, Māori
Language Act 1987.
[16] WAI 11.
Report of the Waitangi Tribunal is accessible online at
http://www.waitangi-tribunal.govt.nz/scripts/reports/reports/11/2580F91B-5D6F-46F4-ADE0-BC27CA535C01.pdf
[17]
The Waitangi Tribunal was established as a permanent commission of inquiry by
the Treaty of Waitangi Act 1975. The Tribunal can examine
claims by Māori
who may have been prejudiced by actions or omissions of the Crown that are
inconsistent with the principles
of the Treaty of Waitangi. The Tribunal makes
findings on whether a claim is well founded, but does not have the jurisdiction
to
settle claims.
[18] Te Aka
Māori-English, English-Māori Dictionary notes that iwi often refers to
“a large group of people descended
from a common
ancestor.”
[19] The Crown
is represented by the Minister of Māori Affairs and the Minister of
Finance. Te Pūtahi Paoho (Māori Electoral
College) comprises Te
Kōhanga Reo National Trust, Te Ataarangi Inc, Te Rūnanga o Ngā
Kura Kaupapa Māori, Te Tauihu
o Ngā Wānanga, Ngā
Kaiwhakapūmau i te Reo Māori, National Māori Council, Māori
Women's Welfare
League, Māori Congress, Te Whakaruruhau o Ngā Reo
Irirangi Māori, Kawea Te Rongo and Ngā Aho
Whakaari.
[20] Report of the
Special Rapporteur on the rights of indigenous peoples: The situation of
Māori people in New Zealand (2011), para
80.
[21] Commonly referred to as
the flora and fauna claim, the WAI 262 claim was lodged in 1991 and the Waitangi
Tribunal released its report
in 2011.
[22] The Review is available at
http://www.tpk.govt.nz/en/newsevents/news/launch-of-te-reo-mauriora/
[23]
Gaining an accurate figure of the number of Māori in Australia is
problematic. Some commentators place the proportion of Māori
in Australia
at between 14 and 16% of the global Māori population. See for example
http://ips.ac.nz/events/downloads/2008/Paul%20Hamer%20MLC's%20Australian%20Clients%20-%20presentation%20to%20MLC%2011%20June%202008.pdf
[24]
An example of this is the geographic location of Niuean people. It has been
suggested that in 2006, Niueans born in New Zealand accounted
for 74 per cent
(16,275) of the total Niuean population, see
http://www.niuenews1.com/interesting-statistics-about-nz-niueans/8076/
[25]
See Appendix 1
[26] Available
online at http://www.hrc.co.nz/resources/
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