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Proposed legislation that would redefine New Zealand’s founding treaty between the British crown and Maori chiefs has sparked political turmoil and prompted more than 35,000 people to protest outside the country’s parliament today.
A bill is never expected to become law. But it has become a flashpoint for race relations and a critical moment in a 180-year-old conversation about how New Zealand should honor its promises to Indigenous people when the country was colonized – and what those promises were.
Tens of thousands of people gathered in the capital Wellington this morning for the latest part of a week-long protest that has swept the country – a march through the city’s streets to Parliament.
It follows the Maori tradition of hīkoi, or walking, to draw attention to violations of the 1840 Treaty of Waitangi – and is likely to be the largest demonstration of treaty rights in modern New Zealand history.
Why is a 180-year-old treaty being discussed?
The treaty, which is considered the founding document of New Zealand, was signed between representatives of the British Crown and 500 Maori chiefs during colonization.
It sets out the principles governing the relationship between the Crown and Maori, in two versions – one in English and the other in Maori.
It promised Māori the rights and privileges of British citizens, but the English and Māori versions differed in how much power the chiefs relinquished over their affairs, land and autonomy.
Over the decades, Crown has violated both versions.
By the mid-20th century, Maori language and culture had declined – indigenous peoples were often forbidden to practice them – tribal land had been confiscated and Maori were disadvantaged in many indicators.
How were contractual rights revived?
Spurred on by a growing Māori protest movement, for the past 50 years New Zealand’s courts, legislatures and the Waitangi Tribunal – a permanent body established to adjudicate treaty cases – have resolved differences in treaty versions and attempted to remedy breaches by constructing the meaning of treaty principles in their decisions.
These principles are intended to be flexible, but are usually described as partnership with the Crown, protection of Māori interests and participation in decision-making.
While Māori remain disenfranchised in many ways, the weaving of treaty recognition through law and attempts at redress have changed the fabric of society since then. The Maori language has experienced a renaissance, and everyday words are now common – even among non-Maori.
Policies have been enacted to address the inequalities that Maori commonly face.
Billions of dollars in settlements have been agreed between the Crown and tribes over treaty violations, particularly the widespread expropriation of Maori land and natural resources.
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Why is there a new discussion?
Some New Zealanders, however, are not satisfied with the damage protection.
They found a champion in lawmaker David Seymour, the leader of a minor libertarian political party that won less than nine percent of the vote in last year’s election — but gained enormous influence for his agenda as part of the governing deal.
Seymour’s proposed legislation would set out specific definitions of treaty principles and apply them to all New Zealanders, not just Maori.
He says the partial construction of the meaning of the treaty left a vacuum and gave special treatment to Māori.
His bill is widely opposed — by left-wing and right-wing former prime ministers, 40 of the country’s top lawyers and thousands of Maori and non-Maori New Zealanders who are marching across the country in protest.
Seymour’s bill is not expected to pass final reading. He allowed the first vote on Thursday because of a political deal, but most of those who supported him are not expected to do so again.
Critics say the bill threatens constitutional upheaval and would abrogate treaty rights that are now enshrined in law. Critics also slammed Seymour – who is Maori – for provoking a backlash against indigenous people.
Why are the protesters marching?
Peaceful pedestrian protests are a Maori tradition and have occurred before at key moments during national treaty rights talks.
Police in the country of five million people said more than 35,000 people gathered outside parliament on Tuesday after a march through the central city closed streets and drew thousands of onlookers, many holding signs supporting the protesters.
While those in front of the parliament waved flags, sang Maori songs and listened to speeches, the crowds that could not squeeze into the courtyard overflowed into the surrounding streets, which remained closed to traffic.
Many are marching against Seymour’s bill. But others are protesting a range of the centre-right government’s policies on Maori issues – including an order, pushed by Seymour, that public agencies should no longer target policies to specifically correct Maori inequality.
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