The Times Australia
The Times News

.

Can colonialism be reversed? The UN's Declaration on the Rights of Indigenous Peoples provides some answers

  • Written by The Conversation

Can a state built upon the “taking of another people’s lands, lives and power[1]” ever really be just?

Colonialism can’t be reversed, so at a simple level the answer is no.

But in my book, ‘We Are All Here to Stay’[2], published last week, I argue colonialism need not be a permanent state.

The United Nations Declaration on the Rights of Indigenous Peoples[3], which New Zealand is currently thinking about implementing, shows how and why.

New Zealand, Australia, Canada and the United States were the only UN members to oppose[4] the declaration when it was adopted in 2007. They were worried about the constraints they thought it would place on state authority, in particular over Indigenous land[5].

All four have since changed their positions. In 2010, then New Zealand Prime Minister John Key argued[6]:

While the declaration is non-binding, it both affirms accepted rights and establishes future aspirations. My objective is to build better relationships between Māori and the Crown, and I believe that supporting the declaration is a small but significant step in that direction.

The state’s right to govern is not absolute

The declaration[7] recognises the state’s right to govern. But it also constrains it by recognising self-determination as a right that belongs to everybody — to Indigenous peoples as much as anybody else.

Self-determination has far-reaching implications for rights to land, language and culture and for government policy in areas such as health, education and economic development.

Read more: How to improve health outcomes for Indigenous peoples by making space for self-determination[8]

The declaration’s 46 articles challenge the idea of state sovereignty as an exclusive and absolute right to exercise authority over Indigenous peoples. It parallels New Zealand’s Treaty of Waitangi[9] by affirming Indigenous peoples’ authority over their own affairs and their right to meaningful influence as citizens of the state.

The fact that 144 UN member states voted for the declaration shows that the international community regards these assumptions as fair and reasonable. The declaration states[10]:

Indigenous peoples have the right to maintain and strengthen their distinct political, legal, economic, social and cultural institutions, while retaining their right to participate fully, if they so choose, in the political, economic, social and cultural life of the State.

Indigenous people’s right to make their own decisions

The declaration provides different ways of thinking about political authority. The Māori right to make their own decisions, through iwi (tribes) and other independent institutions, and to participate as members of the wider political community implies a distinctive Māori presence in the sovereign state.

The Waitangi Tribunal[11], which was established in 1975 to hear alleged breaches of the Treaty of Waitangi, is a forum for thinking about these questions. In a tribunal report concerning Māori culture and identity, Justice Joe Williams, subsequently the first Māori appointed to the Supreme Court of New Zealand, argued[12]:

Fundamentally, there is a need for a mindset shift away from the pervasive assumption that the Crown is Pākehā [non-Māori], English-speaking, and distinct from Māori rather than representative of them. Increasingly, in the 21st century, the Crown is also Māori. If the nation is to move forward, this reality must be grasped.

Read more: The Crown is Māori too - citizenship, sovereignty and the Treaty of Waitangi[13]

From this perspective, the Crown is an inclusive and unifying institution. It is neither the Pākehā political community, nor the dominant party in a bi-cultural treaty partnership.

Beyond partnership to independence and authority

In 2019, the state’s solution to allegations of racist and ineffective practices in its child welfare agency Oranga Tamariki[14] was to call for stronger partnerships[15] between Māori and the state.

It is too early to say whether partnership agreements will reduce the numbers of Māori children taken from their families into state care.

But in 2020 independent reports[16] into Oranga Tamariki show measures more robust than partnership may be required to assure Māori of the declaration’s undertaking that:

Indigenous peoples have the collective right to live in freedom, peace and security as distinct peoples and shall not be subjected to any act of genocide or any other act of violence, including forcibly removing children of the group to another group.

Claims to the Waitangi Tribunal, arguing for independent authority in health[17] and education[18] and ensuring that Māori benefit fully from international trade agreements[19], have had mixed success for the Māori claimants. However, the declaration gives international authority[20] to the arguments made.

Indigenous peoples have the right to determine and develop priorities and strategies for exercising their right to development. In particular, Indigenous peoples have the right to be actively involved in developing and determining health, housing and other economic and social programs affecting them and, as far as possible, to administer such programs through their own institutions.

A colonial state may never be just. But as New Zealand considers its implementation of the declaration, the important moral question is whether the declaration can help people to work out what a state will look like if it no longer reflects the colonial insistence on power over others.

References

  1. ^ taking of another people’s lands, lives and power (nwo.org.nz)
  2. ^ ‘We Are All Here to Stay’ (press.anu.edu.au)
  3. ^ United Nations Declaration on the Rights of Indigenous Peoples (www.un.org)
  4. ^ oppose (www.un.org)
  5. ^ Indigenous land (www.un.org)
  6. ^ argued (www.beehive.govt.nz)
  7. ^ declaration (www.un.org)
  8. ^ How to improve health outcomes for Indigenous peoples by making space for self-determination (theconversation.com)
  9. ^ Treaty of Waitangi (nzhistory.govt.nz)
  10. ^ states (www.un.org)
  11. ^ Waitangi Tribunal (waitangitribunal.govt.nz)
  12. ^ argued (forms.justice.govt.nz)
  13. ^ The Crown is Māori too - citizenship, sovereignty and the Treaty of Waitangi (theconversation.com)
  14. ^ Oranga Tamariki (www.orangatamariki.govt.nz)
  15. ^ stronger partnerships (maorilawreview.co.nz)
  16. ^ reports (whanauora.nz)
  17. ^ health (waitangitribunal.govt.nz)
  18. ^ education (www.rnz.co.nz)
  19. ^ international trade agreements (forms.justice.govt.nz)
  20. ^ international authority (www.un.org)

Read more https://theconversation.com/can-colonialism-be-reversed-the-uns-declaration-on-the-rights-of-indigenous-peoples-provides-some-answers-147017

Times Magazine

Building an AI-First Culture in Your Company

AI isn't just something to think about anymore - it's becoming part of how we live and work, whether we like it or not. At the office, it definitely helps us move faster. But here's the thing: just using tools like ChatGPT or plugging AI into your wo...

Data Management Isn't Just About Tech—Here’s Why It’s a Human Problem Too

Photo by Kevin Kuby Manuel O. Diaz Jr.We live in a world drowning in data. Every click, swipe, medical scan, and financial transaction generates information, so much that managing it all has become one of the biggest challenges of our digital age. Bu...

Headless CMS in Digital Twins and 3D Product Experiences

Image by freepik As the metaverse becomes more advanced and accessible, it's clear that multiple sectors will use digital twins and 3D product experiences to visualize, connect, and streamline efforts better. A digital twin is a virtual replica of ...

The Decline of Hyper-Casual: How Mid-Core Mobile Games Took Over in 2025

In recent years, the mobile gaming landscape has undergone a significant transformation, with mid-core mobile games emerging as the dominant force in app stores by 2025. This shift is underpinned by changing user habits and evolving monetization tr...

Understanding ITIL 4 and PRINCE2 Project Management Synergy

Key Highlights ITIL 4 focuses on IT service management, emphasising continual improvement and value creation through modern digital transformation approaches. PRINCE2 project management supports systematic planning and execution of projects wit...

What AI Adoption Means for the Future of Workplace Risk Management

Image by freepik As industrial operations become more complex and fast-paced, the risks faced by workers and employers alike continue to grow. Traditional safety models—reliant on manual oversight, reactive investigations, and standardised checklist...

The Times Features

Flipping vs. Holding: Which Investment Strategy Is Right for You?

Are you wondering whether flipping a property or holding onto it is the better investment strategy? The answer isn’t one-size-fits-all. Both strategies have distinct advantages a...

Why Everyone's Talking About Sea Moss - And Should You Try It Too?

Sea moss - a humble marine plant that’s been used for centuries - is making a major comeback in modern wellness circles. And it’s not just a trend. With growing interest from athle...

A Guide to Smarter Real Estate Accounting: What You Might Be Overlooking

Real estate accounting can be a complex terrain, even for experienced investors and property managers. From tracking rental income to managing property expenses, the financial in...

What Is the Dreamtime? Understanding Aboriginal Creation Stories Through Art

Aboriginal culture is built on the deep and important meaning of Dreamtime, which links beliefs and history with the elements that make life. It’s not just myths; the Dreamtime i...

How Short-Term Lenders Offer Long-Lasting Benefits in Australia

In the world of personal and business finance, short-term lenders are often viewed as temporary fixes—quick solutions for urgent cash needs. However, in Australia, short-term len...

Why School Breaks Are the Perfect Time to Build Real Game Skills

School holidays provide uninterrupted time to focus on individual skill development Players often return sharper and more confident after structured break-time training Holid...