A decade on from adopting the UNDRIP on 1st June 2017 the NZ Human Rights Commission implemented action on a gap that was reported to be required to protect the UN Declaration on the Rights of Indigenous Peoples and the realization of its practices to be put in place. (UNDRIP a NON BINDING UN DECLARATION). A HUMAN RIGHTS APPROACH

This was a consistent message given by those that attended annual meetings at the UN Permanent Forum on Indigenous Issues which took place in the UN New York Headquarters in April – May 2017 when 1000 + Indigenous Peoples were reported to have gathered. Representative from across the world- alongside participating with UN Agencies and Govt Delegations

The focus being on ‘Indigenous Youth *Indigenous Women * Indigenous  Peoples Human Rights by Human Rights defenders. The Human Right Approach. The Stewardship protection of natural resources. The Human Rights Commissions  Jessica Ngatai attended the UN Permanent Forum as part of the Human Rights Institutions Asia Pacific Forum

References were made as to the struggle of Indigenous Activists from across the world and also the UNDRIP. A clear message given as what was called a crucial important takeaway was from UN so called experts and organizations and govts “that not enough was being done to action the UN Declaration for Indigenous Peoples Rights

Barriers were identified which included “the lack of political will *lack of resourcing * the need to take concrete steps and action *these actions to be monitored. With ongoing Indigenous Forum’s  namely the ‘Indigenous Rights Information Series ‘ ..20th March 2024 University Of Auckland held the Indigenous Rights In The Spotlight at a Constitutional Conference- to discuss the steps towards designing an inclusive constitution for Aotearoa NZ

UN Special Rapporteur on Rights for Indigenous Peoples Francisco Cali Tzay participated in the Designing of the Constitution – participating in person at the Auckland University gathering. He met with Maori Organization, Iwi & Hapu leaders *So called Indigenous Experts and also the NZ  Human Right Commission

Margaret Mutu and Claire Charters were highly influential with Clare Charters not only a lecturer at the University but also having an important role at the NZ UN Human Rights Commission. The next event on this topic was the 14th June 2025 it was held at Manukau Institute of Technology Marae. The focus being ‘Equality’

It was reported that the UN Cali Tzay visited long running legal cases against the Crown and customary Maori Owners of Reserves for Iwi Redress- a provision for  (Compensation) and creating legislation to over-rule a court ruling. Which Claire Charters from Auckland University (Indigenous Peoples Law) said there are serious cases of miscarriage of Justice.

The Designing of the Korero Constitution is about Co Governance- Vision 2040- He Puapua.. Claire Charters UNDRIP and Free, Prior and Informed Consent with reference to Fresh Water Resources. Sustainable Water Governance and Indigenous Law Project.

Indigenous Treaty Innovations for Sustainable Development Global Agenda 2030 2015 SDGs (Global Development Goals. The UNDRIP UN Declaration on the Rights of Indigenous Peoples is described as “ setting standards affirming th Rights of  Indigenous peoples internationally ..as the world progresses along the sustainable development framework.

The project aims to analyze and dissect how the SDGs and the articles of UNDRIP are fostered by and intertwined with treaty implementation, primarily through the lens of Canada’s modern treaties with Indigenous Rights Holders

Indigenous Peoples a coined phrase that grew across the world in the 1970’s. No agreed upon definition universally for the coined phrase Indigenous Peoples however it has been highly reported to be defined as ‘The Peoples Right To Self-Determination’..Although this coined phrase Indigenous People did not being to expand across the world.

Certainly the Right of Peoples to Self Determination in International Law is not new. It’s a Socialist Marxist concept of Engels, Marx & Lenin well known Socialist Philosophers. And Marx with the Communist Manifesto. Marx & Engels supported National Self-Determination in Poland & Ireland (A Eurocentric Theory) of historical and non-historical nations. Engels borrowed the concept of Self Determination from Hegel. All Socialist Philosophers.

The Soviet Union and other e Right Of People to Self-Determination is a continuing scadal. Prior to WW2 (collective determination) was a revolutionary principle which was deployed by Karl Marx, Engels * Lenin, was enshrined in the 1st Constitutions of soviet Russia and the Soviet Union, Socialist States made ‘Self Determination’ a core element in International Law after WW2.

1945 the UN was established and Self Determination became the UNs founding expression in the UN Constitutional instrument (The UN Charter) that included certain Provisions that spoke of the need to:- Develop Friendly relations among Nations based on the respect for Human Rights – Equal Rights- Self Determination of Peoples

However, in 1945 Self-Determination was just a ‘Principle’ But Not A Right under International Law. However in the UN context of ‘De-colonization’.. the Legal Right of Peoples Self Determination was enshrined in  two 1966 un Human Rights Covenants (Both being legally binding multilateral Treaties ratified by 193 current UN Member Nation Countries (States)

As a result of these two Legally binding UN Treaties ‘Self-Determination’ under some controversary  confirmed as a Human Right (referencing the foundations of Civil & Political Rights) going right back to 1789 which was conceded by Western Capitalist States in 1919 with the creation of the International Labour Organization in response to the Russian Revolution

The Rights of Peoples to Self-Determination is highly recognized and understood by International Lawyers as a norm of Customary International Law binding on ALL UN Member States. (An Obligation owed by States to the International Community as a whole that is reported as “Intended to Protect and Promote the Basic Values and Common Interests of ALL

In 2008 Bill Bowring authored ‘The Degradation of the International Legal Order’ (includes the Bolshevik, the Soviet doctrine of the Right of Nations to Self-Determination and its origin in Pre War 1 and the struggle  between Lenin, Stalin and Trotsky (Orthodox Marxists with Karl Kautsky at their head)

On one side there was the Austro-Marxist Theorists (Karl Renner & Otto Bauer) and on the other side the Right of Nations to Self Determination which was Lenin’s (Socialist) policy from 1914 onwards. NOTE- It was  the Self Determination of the Right Of Nations (Which became often replaced with the Self Determination Rights of People- rather than Nations)

The Soviet Union and other Socialist States made the concept of Self-Determination as part of related political programmes. Socialism (Socialist States) and the core element of International Law after WW 2. Marx and his decisive role which was placed the early Soviet Policy and Constitutionalism.

The Soviet Union helping bring about a Revolution in International Laws and at the same time securing its own downfall. Then in the not so far past the International Court of Justice reaffirmed the Right to Collective Self-Determination. Marxist-Leninist Class Struggle (Self-Determination) and Political Theories.

In 2004 Israel being judged by the International Court of Justice on the question of Israels construction of the West Bank Wall which runs through Palestinian Territories which> The conclusion being that ‘All Peoples have the Right to Self Determination. It lays upon All State Parties these instruments as an Obligation to promote, respect – conform to the UN Charter

The International Court of Justice concluded that Israel violated the Right To Self Determination of the Palestinian People by constructing a wall, which was termed as being a ‘Separation Barrier’ (To keep the Israeli people safe from attacks). The Rights to Self-Determination has its origins- roots entirely planted outside that of International Law.

Marx, Engels, Lenin Socialist Philosophers of Political Social Economic Socialist Theories never had an interest in UN International Law. A Political Slogan of ‘Self-Determination, was a demand that only acquired legal status in the context of struggles for decolonization and the breakup of colonial empires as in the context of the UN -Socialism entrenched in the UN)

THE HISTORICAL CONNECTION COINED PHRASE  ‘ INDIGENOUS PEOPLES’    –                                                                                           ‘SELF DETERMINATION’ THE ROOTS ‘ORIGINS’ OF SOCIALISM– International Law and the Soviet Approach to the ‘Rights to Self Determination as merely hypocritical and contradictory.

Karl Marx himself used the phrase ‘Right of Nations to Self Determination’ at least three times. (1) in his 1843 ‘Critique Of Hegels Philosophy of Right’ *Democracy the Constitution, the Law – the State as a Political Constitution . Marx used the Right to Self Determination of Nations more directly political in the beginning and then later he recognized – promoted the Rights of Self Determination of Peoples

The Max Planck Encyclopedia of International Law maintains that the Soviet Russian doctrine of Self Determination served the cause of ‘class struggle’ and so called Social Justice. A tactical means to serve the aims of a World of Communism and not an end in itself.

Stefan Oeter passed a similar judgement in a well known commentary on the UN Charter, characterizing Lenin’s insistence on the ‘Right of Nations’ to Self -Determination as nothing more than a ’Political Weapon’ (Prof Stefan Oeter University of Hamburg. President of the History of Military Law and the Law of War-The International Society for Military Law)

Woodrow Wilson (Fourteen Points) on the re-organization of Europe post WW1 presented himself as a political actor whom enabled ‘Self-Determination’ to make its was from Politics to International Law.  * Estonian Scholar of International Law stated that “its misleading to pick and choose, then conclude that the Soviets Unions can advanced this Self Determination Right into  International Law

Socialist States played an enormous role in shaping International Law of Self- Determination.  Jorg Fisch authored ‘he Right Of Self Determination of Peoples- The Domestication of Illusion. A Volume in this book is written by Fernando Teson (The Theory of Self Determination’ and the role that the Soviet Union played in De-colonization

Jorg Fisch recognizing the role that Lenin played in the Right to Self-Determination in 1914. With Jorg Fisch adding that WW2 was a ‘Traditional Power Struggle’ where the Right To Self Determination might have disappeared. However in 1945 the Soviet Union introduced the ‘Principle of Self Determination into the UN Charter’.. which is Legally Binding on ALL UN    MEMBER NATION STATES.

In New Zealand a 14 page document titled the United Nations Expert Mechanism On The Rights Of Indigenous Peoples. NZs Submission For Report to Self -Determination. (NZ Govt submitted this study, a so called expert Mechanism. NZs engagement mission to NZ April 2019) And also included NZ Govt Report on COVID 19 on Maori as to the Rights of Indigenous Peoples. The Report highlights the involvement of Maori Communities as to NZs response to the Pandemic

“immediate response to the pandemic has demonstrated the benefits of Māori exercising self-determination and working in partnership with the Government to achieve better outcomes for Māori and the communities they live in. From an International Perspective this is the Indigenous Peoples Right to Self Determination. (Really how many people with Maori ancestry lost their jobs, or were harmed- died from the jab. No Jab No Job related to everyone no matter what race or colour)

This Govt Report documents that the Expert Mechanism on the Right To Self Determination from the perspective of the Member State emphasizes that NZ Govts commitment to the UNDRIP is to implement this UN Declaration on the Rights Of Indigenous Peoples in NZ. The Principle of Self-Determination: Is a political philosophy in International Law that has its roots in historical Soviet Russia

In socialism-Marxism socialist theories. With different legal and Political forms. Its one of Cultural Marxism -Oppressed-Oppressor ‘Victimhood’ as a Necessary Socialist Revolution. Reducing all problems down to Oppressor and Oppressed. Critical Race Theories of which there are many. Chipping away at Property Rights (A Marxist Theory)

WakeUpNZ. Researcher Cassie

REFERENCE: Report to the United Nations Special Rapporteur on the rights of indigenous peoples (22 December 2020) LINK https://www.tpk.govt.nz/docs/UN%20Special%20Rapporteur%20Report.pdf. At [7].

Expert Mechanism on the Rights of Indigenous Peoples – NZ Submission for report on right to self-determination

(PDF) Marx, Engels, Lenin, and the Right of Peoples to Self-Determination in International Law

Link More work on putting UNDRIP into action needed    rev_PFII-2017-final-report-Clean_SPFII_19May2017.pdf