The Future of Race Relations by mirit35


									       The Future of Race Relations

                    Joris de Bres, Race Relations Commissioner
        Summer Lecture Series, Tairawhiti Museum, Gisborne, 7 December 2007

The year 2007 is drawing to a close, and before I consider the future of race
relations as requested, I want to look back at race relations in the past year.
The Human Rights Commission publishes a review of race relations every
year in March, in time for Race Relations Day, so I have been looking at what
has happened this year as we have gathered material for the review.

If I were to ask any of you what were the most significant developments in
race relations in 2007, I would be surprised if the recent police anti-terrorism
operation in a number of centres and particularly in Ruatoki was not on the
list. The claims and counterclaims are continuing, there are people who
remain traumatised, angry or just concerned one way or another, there are
demonstrations, vigils, appeals for funds, arguments, benefit concerts, court
appearances and media attention. Most of us are still wondering what lay
behind such an extensive and forceful operation; we find it hard to believe that
it could be justified under the Terrorism Suppression Act; we were relieved
that the Solicitor General did not find sufficient grounds to approve charges
being laid under that Act; and we remain intensely interested in the process
and the outcome of the charges laid against the 16 people, both Maori and
Pakeha, under the Arms Act for alleged illegal possession of firearms.

But whatever happened on the morning of 15 October in Ruatoki, Whakatane,
Auckland, Hamilton, Palmerston North, Wellington and Christchurch and
subsequently elsewhere will not be fully known to the general public until all
due processes have been completed, and that will take some time. The
impact on race relations cannot be measured until the appropriateness of the
use of the Terrorism Suppression Act, allegations of police misconduct, of
breaches of human rights and of racial discrimination have all been properly
examined and dealt with. The mending of the relationships of the police with
the Tuhoe people and with other Maori, which have undoubtedly been
affected, will also depend on the satisfactory resolution of these issues.

The concern of the Human Rights Commission is to ensure that citizens and
communities who are subject to any form of state force are protected, and, as
the International Covenant on Civil and Political Rights so succinctly puts it,
“that any person whose rights or freedoms as herein recognised are violated
shall have an effective remedy, notwithstanding that the violation has been
committed by persons acting in an official capacity.”

That remedy should be available in the first instance through the Independent
Police Conduct Authority, newly constituted this year with a new name, more
resources and greater independence, following the Commission of Inquiry into
Police Conduct which reported in March. The amending legislation was
passed as recently as September. It has not as yet been put to the test.
Whether it is an effective remedy or not will obviously depend on the way that
the Authority deals with any complaints in the present situation. It is
surprising that the media, who have demonstrated such an intense interest in
the whole proceedings, have done little or nothing to advise people of their
rights and to outline the recent history and mandate of the Authority in this
regard. My advice is certainly for anyone directly affected by the police
operation who feels that their human rights were breached to lodge a
complaint with the Authority so that it can be properly investigated.

Other protections of course include the court system itself and the right to a
fair trial. The Human Rights Commission can also provide mediation for
complaints that the police action was discriminatory on the grounds of race or
ethnic origin, and we are considering a number of such complaints. If people
are unsure who to complain to about their concerns, I strongly encourage
them to contact the Commission and we can deal with them, or, with their
permission, forward them on as appropriate. The Commission is also
developing a resource on the human rights issues that need to be considered
in the context of this kind of police operation, including issues concerning the
Terrorism Suppression Act, about which we have long had reservations.

When we consider the immediate future of race relations in the light of these
recent events, it would be appropriate to say that the foundation for good race
relations is first and foremost adherence to the rule of law, and more generally
respect for human rights. People must have, in the words of the Covenant, an
effective remedy if they feel their rights have been breached. It is in
everybody’s interests that these matters are properly investigated.

Looking back at other things that happened in 2007, I consider that the most
significant developments for race relations were in the realm of education.
Last month saw the launch of the new school curriculum, which has taken
three years to develop and was the subject of very extensive consultation,
involving 15,000 people and 10,000 submissions. It is not every year that we
get the opportunity to look at what we think our children should learn to equip
them for life in New Zealand – the previous curriculum has been in place for
15 years. The remarkable thing about the completion of such an important
document is that its final release sparked no controversy whatsoever. It had
multi-party and multi-sector support. It must have something to tell us
therefore about how we see ourselves, and how we want our children to see
themselves, in the 21st century.
The new curriculum is important for the future of race relations because of the
core principles that it sets out. There are eight of these principles. They have
to underpin and inform everything that is taught in the school, and they

Treaty of Waitangi
The curriculum acknowledges the principles of the Treaty of Waitangi, and the
bicultural foundations of Aotearoa New Zealand. All students have the
opportunity to acquire knowledge of te reo Māori me ōna tikanga.

Cultural diversity
The curriculum reflects New Zealand’s cultural diversity and values the
histories and traditions of all its people.

The curriculum is non-sexist, non-racist, and non-discriminatory; it ensures
that students’ identities, languages, abilities, and talents are recognised and
affirmed and that their learning needs are addressed.

Also throughout the curriculum students are to be encouraged to value
diversity, as found in our different cultures, languages, and heritages, equity,
through fairness and social justice and community and participation for the
common good, and to respect themselves, others, and human rights.

For the first time, the curriculum gives full recognition to te reo Maori as well
as New Zealand Sign Language as official languages of New Zealand, and
recognises the special importance of Pacific languages as languages of our
region. And also for the first time, a new learning area is added to the core
curriculum: learning languages, so that all New Zealand children will have the
opportunity to become bilingual or multilingual.

This year has also seen the launch of a draft new curriculum for Maori
immersion schools, Te Marautanga o Aotearoa, a new curriculum for learning
Maori in mainstream schools, and new curriculum guidelines for Tongan and
Niuean, joining the previously released guidelines for Samoan and Cook
Island Maori.

The Human Rights Commission, along with the Children’s Commissioner,
Amnesty International, the Development Resource Centre, and the Peace
Foundation, have together launched an initiative this year called Building
Human Rights Communities in Education, which will support the new
emphasis on human rights and diversity in the curriculum.

Reading the new curriculum and observing the positive reactions to it should
reassure us about the future of race relations, because we have affirmed our
diversity, recognised the Treaty and stated basic human rights principles
clearly for our children. Somehow, in the middle of all the debates we have
about the Treaty and aspects of diversity, we seem to have been able to
agree on some very basic and very important principles. I find that
encouraging, and also timely, because the children who are already in our
schools or those who will enter them during the life of the new curriculum are
themselves the most diverse school population we have ever had. The most
recent education statistics, as at 1 July 2007, provide the following breakdown
by broad ethnic category (excluding international students):

Pakeha:              58.3%
Maori:               21.9%
Pasifika:             9.3%
Asian:                8.4%

In other words, nearly 40% of school students throughout New Zealand are of
Maori, Pacific and Asian ethnicity. The trend towards greater diversity is set
to continue, with data on live births for the year ended September 2007
providing the following picture:

Pakeha:              54.6%
Maori:               22.8%
Pasifika:            11.9%
Asian:                8.4%

Interestingly, the latest birth statistics also indicate that whereas in the 2006
census 10% of New Zealanders identified with more than one ethnic group,
the number of babies identified with more than one ethnic group in 2007 was
25%. Two-thirds of Māori babies and one-half of Pacific babies belonged to
multiple ethnic groups, compared with roughly one-third of babies within the
European, Asian and other ethnic groups. As Ranginui Walker once famously
said, the future of race relations is actually being determined in the bedrooms
of the nation.

We should look ahead with some confidence that younger generations will be
living diversity as well as learning about it. However, the public discourse
about race relations among the rest of us has over the last few years revealed
a degree of fractiousness. It is for this reason that the theme for next year’s
Race Relations Day is “Finding Common Ground”. It will promote public
discussion on the draft statement on race relations that was released for initial
feedback at the New Zealand Diversity Forum in August. The statement
builds on the Statement on Religious Diversity which was published after
community discussion earlier this year. Like the latter, the Statement on Race
Relations seeks to address key issues in race relations through a human
rights framework, identifying some basic principles that most New Zealanders
should find it possible to affirm. The statement is a discussion tool rather than
a declaration, and in its final form should also provide a framework for
measuring or at least monitoring the state of our race relations.

The introduction to the statement briefly outlines our history, recognises Maori
as tangata whenua, sets out the three key elements of the Treaty of Waitangi
and affirms the ongoing duty of the Crown to actively protect Maori indigenous
rights, language, culture, lands and resources. It refers to international
human rights standards and New Zealand human rights legislation. Then it
proposes some basic human rights principles that underpin good race
relations. These are:

Freedom from Discrimination
Discrimination on the basis of race, colour, ethnic or national origins and
religion is unlawful. All people in New Zealand have the right to protection
from such discrimination and to appropriate remedies if they experience it.

Freedom of Expression
People are free to speak their mind, but not to incite racial hostility. People of
diverse ethnicities, cultures and beliefs are entitled to be represented and
given voice in the media in an accurate, balanced and fair manner.

Hateful acts including racial abuse, racial assault and damage to property are
criminal offences. All people have the right to safety of their person and of
their private and communal property.

Social Inclusion
New Zealand strives to be an inclusive society in which people of all
ethnicities, cultures and beliefs can participate and be heard. People are
entitled to be consulted and involved in decisions that affect them, and to be
represented in all branches and at all levels of government.

Access and Opportunity
Access to work, education, health services, housing, justice, and goods and
services should be available to all on an equal basis. Where social and
economic inequalities exist between different ethnic groups, those that are
disadvantaged are entitled to temporary special measures to achieve equality.

Migrants have the same rights as other New Zealanders, with few exceptions.
New migrants and refugees are entitled to support from government and the
community to settle and integrate successfully.

All children have a right to education. Through the curriculum and the culture
of the school, they should be equipped for life in a diverse society, including
recognition of their own language, culture and beliefs, knowledge of the
cultures and beliefs of others, and respect for the rights of all.

Cultural Diversity
The diversity of New Zealanders’ origins, cultures and beliefs is an important
social, economic and cultural asset. This diversity is fostered, strengthened
and celebrated through the arts, cultural programmes, and community
development. All people have the right to practice their own culture, speak
their own language and observe their own religion or belief.

The Rights of Others
All New Zealanders, in upholding and exercising their own rights and
freedoms, have a responsibility to respect and uphold the rights and freedoms
of others and to contribute to harmonious relationships between the diverse
individuals and groups that make up New Zealand society.

We have already had some useful feedback from people about this initial
draft, and we will be revising it before Race Relations Day to reflect that.
Already, you might have noted some striking parallels with the principles and
values of the new school curriculum. These are coincidental, but the aim of
the further public discussion is certainly to see if we can reach a similar
consensus in the wider community context. We are not looking for a perfect
statement but rather a framework for ongoing dialogue about the issues it

The future of race relations depends on whether or not we can achieve a
degree of consensus on such basic rights and responsibilities and whether we
have the commitment to ensure that they are enjoyed and exercised by all
New Zealanders. After all, as the poster for next year’s Race Relations Day
says, “We all sit under the same stars”, so we should do our best to also find
common ground in our relationships with one other.

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