OMEP Response to Treaty Principles Bill

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​Submission on the Principles of the Treaty of Waitangi Bill
13 December 2024
OMEP World (World Organisation for Early Childhood Education) is an international,
interdisciplinary, non-government organisation, founded in 1948. OMEP World provides a meeting
ground for representatives from a range of professions and nationalities, all concerned for the
wellbeing, education and rights of young children and their families. It is affiliated to the United
Nations, working collaboratively with UNICEF, UNESCO and the Council of Europe.
OMEP Aotearoa is one of over 60 member countries of OMEP World. Our key objective is to
promote and protect the rights of young children under the UN Convention on the Rights of the
Child (UNCRC). We are an incorporated society and registered charity (CC53036). We have
members across Aotearoa with five regional rōpū: Tāmaki Makaurau, Waikato, Te Whanganui-a-
Tara, Ōtākou and Waitaha.
OMEP Aotearoa recognises Te Tiriti o Waitangi as the founding document of Aotearoa New
Zealand. Our objectives and goals promote a uniquely Aotearoa New Zealand approach to the
United Nations Convention on the Rights of the Child understood through the articles of Te Tiriti o
Waitangi, the UN Declaration on the Rights of Indigenous People and the UN Convention on the
Rights of Persons with Disabilities.
Goals and objectives of OMEP Aotearoa pertinent to this submission are:
- Promote optimum conditions for children’s holistic well-being, development (including mauri,
mana, rangatiratanga, wairuatanga), and welfare in the context of their whānau, hapū, iwi,
institutions, communities, and wider society.
- Give effect to whanaungatanga through shared experiences and working together between
tangata whenua and tangata tiriti to promote the identities, languages and cultures of all
children within early childhood education
- Uphold te reo Māori and NZ Sign Language as official languages and respect the additional
languages used within Aotearoa.
- Support any organisation, institutional group or individual activity which furthers the cause of
children’s rights within the limits of the Organisation’s resources.
- Support programmes which promote kaitiakitanga and local curriculum that stem from the
whakapapa and pūrākau of the local iwi.
- Advocate for education in sustainability and for children’s voices to be taken into account in
relation to eco-sustainability practices that protect the resources of Ranginui, Papatūānuku,
and Tangaroa for everyone now and for future generations.
OMEP Submission to Principles of the Treaty of Waitangi Bill 2
We oppose the Principles of the Treaty of Waitangi Bill for the following reasons:
The Treaty Principles Bill undermines Te Tiriti o Waitangi, the founding doctrine of Aotearoa New
Zealand that allowed Pākehā to co-reside in this country with Māori..
Te Tiriti o Waitangi forged a pact between the Crown and Māori. The Government has failed to
engage with Māori who are the tangata whenua original inhabitants to this contract, and who will
have their rangatiratanga determined by the Crown. To proceed without consultation with Māori is
completely unacceptable and is another breach of Te Tiriti o Waitangi inflicted on tangata whenua
of this country.
The Bill is an attempt to diminish the Crown’s guarantee and obligations to uphold and protect the
rights of Māori as signed by both parties to Te Tiriti o Waitangi being the first immigration policy of
this country.
It fails to work in good faith to validate the intention and interpretations of Te Tiriti o Waitangi. The
Bill has not been informed by expert advice. The Waitangi Tribunal, and numerous legal experts,
have made it very clear that this Bill should not proceed.
The Treaty Principles Bill does not have children and their future at the heart of its policy. It
undermines the optimum conditions for children’s holistic wellbeing, welfare and development
within their whānau, hapū, iwi, institutions and community and their place in society.
This Bill threatens children’s rights to learn, grow, develop their identity, language and culture in a
fair, equitable and inclusive community that honors, respects and reflects the dual heritages of
Aotearoa New Zealand.
This Bill seeks to reverse the progress made in working together between Tangata Whenua and
Pākehā to uphold te reo me ōna tikanga, mātauranga Māori and jeopardises the kaitiakitanga of
te taiao (the natural environment) ngā: maunga, awa, roto, whenua, moana, ngahere which in turn
threatens the future of all living in Aotearoa New Zealand.
This Bill erodes the rights of indigenous people as it does not take into consideration the voices of
children, whanau and communities. This Bill does not recognise rights as stated in the United
Nations Declaration on the Rights of Indigenous People. We suggest the Coalition reconsider their
present stance on this UN Declaration and on their requirement that public servants communicate
primarily in English. We suggest these are retrograde steps.
This Bill continues the colonisation of its indigenous people, re-colonising and assimilating tangata
whenua. It is flawed and disingenuous to promote this Bill under the guise of equality, and to
suggest that it is necessary in order to protect the rights of all citizens. In Aotearoa New Zealand
equal rights are protected under the Bill of Rights Act (1990) and the Human Rights Act (1993).
This Bill aims to demote and remove Te Tiriti o Waitangi and jeopardises Our Code Our Standards:
Standard for the Teaching Profession 1 Te Tiriti o Waitangi Partnerships.
• This Bill will impact ongoing Treaty settlements.
• This Bill will thwart Māori access to justice.
• This Bill seeks to divide Aotearoa New Zealand, rather than bring people together.
• The Bill will also have the effect of removing protections for customary use by Māori of land
and resources and make it easier for corporations to exploit natural resources.
Recommendations:
The role and responsibilities of government should be to advocate for tamariki, whānau and
community NOT threaten and put at risk indigenous rights, children’s rights, and human rights. The
Crown should be actively promoting and protecting Māori rights, children’s rights and human rights.
OMEP Submission to Principles of the Treaty of Waitangi Bill 3
OMEP Aotearoa recommend that:
1. The Treaty Principles Bill is stopped NOW before it goes any further,
2. The Bill must not progress to a second reading.
3. No referendum regarding the place of Te Tiriti of Waitangi in our country be held now or in the
future.
4. The Treaty Principles Bill is removed from the statute book.
5. The Government always takes into account the impact of any potential legislation on children
and young people.
6. When reflecting on or discussing this Bill, that the Government has a responsibility to promote
the correct history, evidence and interpretations in order to negate the publicised
misinterpretations.
7. The Government takes measures to ameliorate the divisions that have been created by the
introduction of this Bill.
We urge the select committee to reject this Bill, to ensure it is withdrawn and instead bring to the
fore the realization of Te Tiriti o Waitangi is this country’s constitutional obligation to protect all
interests of Māori. Māori are the original inhabitants of this country and welcomed the Crown to
co-reside in this country alongside of them. This is the tenor of Te Tiriti o Waitangi doctrine; it is a
sacred pact that provided this country’s dual heritage, the bicultural and bilingual status of our
country that allows us to live and work in an inclusive, equitable and just society.