DLANZ Proposal for Waitangi Constitutional Review June 2012 "A Fusion of Horizons" Manifest

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Originally hand-written and sent to Constitution Reviews of Margret Mutu / Moana Jackson and Bill of Rights Pita Sharples / Bill English.

All Babies Are Born Innocent; Feed The Children 1st;
Papatuanuku te Matua O Te Tangata (Mother Earth is Mom)

Aotearoa NZ - A Fusion of Horizons

He totara wahi rua he kai na te ahi
A ttotara tree, split in two is fuel for the fire (Unity is Strength)

Waiata “Around The World” “Love Will Find A Way”
Emma Paki AND Yes

He moana pukepuke e ekinga e te waka
A Choppy Sea Can Be Navigated (Persevere)
Waiata “Tangaroa Whakamautai” Maisey Rika
(The various waterways of Tangaroa flows back into its voluminous source)

DLANZ Recommendations for Aotearoa June 2012 Constitution and a Foundation for Future Policies

No One Should Sleep On An Argument
Or Worse Get Caught In One Dead
Believe In A World Of Disarmament
Imagine With Lennon Instead
- Stu Gordon 1996 C/- A.P.R.A. NZ

Introduction

To all people, all voices, all the many relations from the 4 Winds, I greet you all.
Tihei Mauriora!!

My name is Doug Hay and I write as Coordinator for Disabled Liberation Aotearoa, New Zealand (DLANZ). This body represents Disabled peoples (men, women and children)living in a frame, where our primary source of ‘Identity’ is our Impairment, be it born, acquired through illness, or as a result of physical trauma – including casualties of war. DLANZ hold to the 1984 Disabled International World Peace Statement, signed in Hiroshima, calling on all sovereign nations to operate in a world of co-existence and cooperation, rather than conflict and combativeness to ensure a peaceful environment.

The last recorded Census 2006, showed between 700-800 thousand citizens living in Aotearoa NZ with a disability, of which 44 % Maori and 29% Non-Maori still have basic needs unmet. We at Disabled Liberation-Aotearoa feel the time has come for both signatories of Waitangi’s Crown to hear Disabled as a Collective voice.

It has been 11 years since the introduction of The New Zealand Disability Strategy (April 2001) – Whakanui Oranga meaning; “Making a World of Difference”. The document set 15 Objectives where this Sovereignty was supposed to have provided a holistic and inclusive environment, with Crown policies of good practice, to ensure legislation as International Human Rights Covenants include the rights of disabled people.

Disabled Liberation Aotearoa NZ believes “Te Whakaputunga” (Declaration of Independence 1835 and Law of the Sea), mo Te Triti (1840 Waitangi’s February 500 signed), are the founding documents of this special relationship. We believe Whakanui Oranga (The NZ Disability Strategy 2001) will be pivotal to ensure its implementation.

It’s a confusing world out there, for both frameworks of Able-bodied and Disabled people, wishing to ensure a better life for all our children’s children well-being (I have 4 ‘grand’ able – bodied mokopuna), On behalf of all Kiwis living under the framework of Tangata Whenua and Hauaa

1. Status of Governor General / Kawangatanga - Waitangi February 1840
(This is not a call for any Republic, Moving Forward, Back to Waitangi)


DLANZ believe this role should also seek advice from Tangata Whenua (Maori), where there appears is a conflict of interest with Government and the consensus of The People. Examples like the Sale of Assets Acts and policies, does not show a 'clear mandate', and Regal Signatories should not be verified, until clarified. To equalize a long standing imbalance of power over Waitangi, DLANZ believe this appointment should be a shared responsibility between both modern day representatives of Waitangi and Wellington.
The Governor General (Kawangatanga), should also take overarching responsibility for 'Governmental; Watch Dog' Commissions i.e. Human Rights, Children and Young Persons, Higher Salaries and Parliament included. This is to ensure principles laid down in the aspirations of those Commissions, are upheld i.e. Code of Health and Disability Rights is just one example.
DLANZ state that if it is the role of this regal position, to sign crown authorization of laws, under advice from the Pakeha government; then this appointment should be made by Maori / Tangata Whenua’s Waitangi protocols. DLANZ believe that the Declaration of Independence signed on 28 October 1835, be assigned as an annual Public Holiday to honor the original recognition of Aotearoa as a Nation,
Inserted addition sent July 2012 as a separate objective, but DLANZ feel this is appropriate.
1b Appointment of Chief Science Officer (s) for Kawangatanga and Waitangi Confederation Whakaputunga 1835
As like the Pakeha system, where the Prime Minister has a Chief Science Advisor (Prof Peter Gluckman), DLANZ believe the same opportunity is made available to the Tangata Whenua of Waitangi’s Crown. This motion is not done to combat the good work conducted under scientific research, rather, its intention is to provide an alternative/anti-thesis model to compare, contrast and (if needed) critique current policies. It has been noted that advice given to the Prime Minister does not include political causations, as this falls outside the paradigms of (Hard/Medical) science data.
Both Disabled and Maori have been critical of government policies that are becoming too individualistic and pathological. The Sale of Assets legislation and other economic aims, that are drivers fir poverty, cannot be addressed because of a micro-middle of the road type of study that exclude social issues of colonization and marginalization that go all the way back to Waitangi and UN Conventions for Disabled and Indigenous
Policies of kicking Housing NZ's defenseless tenants out of their homes in Glenn Innes; charges of Eugenics at Ministry of Health (Savings Downs is just one longstanding example), and the report that over 270 000 kids live in poverty (Children Advisory Panel 2012), only reinforce that pseudo genocide on society’s most vulnerable, is running at a rapid pace because of a ‘laissez faire-we don’t care” attitude.

A truly rigorous analysis of such circumstances requires that these Social Advisors MUST include Sociology as a lead, as this is where the study of organizational structures are, and can be integrated into a cohesive, theoretical and practical framework. Its intention is to provide a counter-weight or litmus test to ensure that both ends of society’s continuum (Cabinet to kitchen tables) are secure and included in policy process. Otherwise Aotearoa, without consideration of Treaty of Waitangi and NZ Disability doctrines; could see a Waka without its rudder, running around in circles.

2 Kiwi Flagged Ships On Aotearoa NZ Coastline

As an island nation, which depends on international trade, DLANZ believe all Maritime Shipping (Cargo/Military/Fishing) be crewed by Kiwi Mariners. Laws introduced by the National-led governments of the 1990's, to open up the Kiwi coast; SHOULD be revoked.
This is done as an acknowledgement to Workers Rights for Social Justice. As like Tangata Whenua’s struggles over Te Tiriti O Waitangi, the general population has also been stripped of personal and collective dignity under decades of liberalized labor legislation, These economies of conflict are seen by DLANZ as unsustainable for any mode of production, and an abdication of Sovereign Responsibility which is culminating in no safety for either workers or the environment.
DLANZ believe a complete overhaul of Industrial legislation in comparison with working conditions and income equity of workers relating back to the pre Employment Contracts Act 1991 is undertaken. This includes that also under the 1999-2008 Labour led coalitions which had promised to change National’s draconian attitudes to employment rights and safety of working conditions. The consensus is that Labour’s promised reforms did not bear fruition, and many workers believe they, and their whanau are no better, in fact worse. The return of the current National government (2008-Now) has seen a raft of further laws designed to drive wages and conditions down further and prohibit strike actions and discourage union membership.
DLANZ do not accept a desire to increase profit margins should excuse unsafe and poor conditions where people are killed or injured. This brings a heavy burden on the community. In memory of Pike River miners and the iwi, whose suffers most from the wreckage of The Reina. - Arohanui and Kia Kaha to all families.

3 Constitutional Removal of Death Penalty in Aotearoa Statutes

As like Nuclear Free legislation (Aotearoa Karihi Kau); DLANZ believe the use of systemic capital punishment, be denied to the political whims of any sitting government.

In 1987, the Opposition Leader Jim Bolger proposed a Citizens Referendum on the Death Penalty, as part of the NZ National Party Election Manifesto. DLANZ believe that as like Nuclear-Free legislation; the death penalty be curtailed from any political whims by political parties playing hypocrisy with our economy and human rights. We feel that violence as a means to an end, including capital punishment , is wiped out.

DLANZ have long advocated policies of non violence on both global and domestic levels in our correspondence to leaders (Obama, Putin, Moon, Tuheitia, Turia etc). We maintain that the use of systemic violence (like capital punishment) is more a cause, rather than the effects if addressing uneven distribution that leads to poverty, DLANZ feels that ‘hard’ times brings ‘hard’ attitudes, is not appropriate for an ‘Inclusive’ society (NZDS Onj:1-2001)

A High Chief from the Chatham Islands / Rekohu, called Nunuku, who was sickened by the bloodshed of tribal warfare, decreed no more killings to sort out disputes. This was called Numuku's Law, and ensured a reign of relative peaceful co-existence DLANZ write this in his honor, as DLANZ feel Nunuku Law and Whakanui Oranga (NZ Disability Strategy 2001, and other Human Rights), are more than just aspirations.

The European Union and Economic Community have a long standing policy of Sovereign membership to include a ‘No Death Penalty’ within their criminal codes. DLANZ feel that this format is a method of promoting world peace and tolerance and encourage Aotearoa New Zealand to help formulate an indigenous organization around the Pacific Ocean with like minded countries.

4. Tino Rangatiratanga for Te Uruwera and Rekohu (Ngai Tuhoe and Morioiri)

DLANZ believe those resources of Te Uruwera and Rekohu (aka Chatham Islands), be under the autonomy of the respective indigenous authorities. Neither Ngai Tuhoe nor Moriori, both the indigenous population of these regions, were official signatories of any Crown Waitangi Treaty, yet suffered terrible times under colonial oppression. DLANZ feel both indigenous peoples will need economic independence and control of their own destinies, and would support means to achieve tangata whenua aspiration.

We also believe known 'activists' from the times of Rua Kenana through to Tame Iti have Crown Criminal proceedings nullified and their (and others) integrity returned. History has shown up many incidences of resistance throughout colonizing periods of Aotearoa NZ The situation in Te Uruwera, following the 2007 raids, along with the economic isolation of Moriori following their decimation of the ‘Migrations’ in the 1800’s shows Indigenous development of these regions cannot be fully implemented without direct local control DLANZ fully support all non violent actions to achieve these aims.

Tell Disabled Not To Go To War
Don’t Let The Able-bodied Fight
Their Fabled-bodied Wars…Oh Rua Kenana
Tell The Workers Not To Go To War
Don’t Let The Ruling Class Fight
Their Bourgeoisie Wars…Oh Rua Kenana

(Adapted from “Rua Kenana” song Herbs)

5. Provision of Two Consecutive General Elections of Women Only as Voters `

Waiata’s: Susanne Vega “Luka” (singing) “I Am Woman…Hear Me Roar” Helen Reddy
Out of Adversity Comes Strength

EMANCIPATION
In 1991, the then National Government cut by 10%, a wide range of welfare benefits (e.g. Unemployed, Domestic Purposes and Sickness). It was identified by community organizations that these measures would cause conditions of poverty where turning to addictions and crime would happen, especially women trying to feed their families. Also, National revoked the 1990 Pay Equities Act, denying economic parity with men of the same skills. This highlights the role women (Waged / Unwaged, Maori / Pakeha, with or without Disabilities), had to bear While successive governments have made attempts to ameliorate, it is fair to say women have 'copped the brunt' of society's ills then, as they do today.
If Gender is Power, and Power is Politics, then this idea can be seen, as recognition of the unequal distribution of resources through a political frame. This only applies to voting, and does not prohibit men from participation as candidates, nor does DLANZ feel it should extend beyond two terms. If this project was successful, then it could be a world setting example, like 1893 Women Vote.

REPRODUCTION AND PRODUCTION
DLANZ hold to the Feminist philosophy that women are the ultimate authority of their own bodies and destinies. We support our women with disabilities, in their struggle for the same rights as given to able-bodied, including child rearing. DLANZ condemn Governments, who, for their own economic reasons; justify policies of genocide on disabled peoples, including the pressurizing of expectant mums of upcoming disabled babies, to terminate,

DLANZ also feel that a successive raft of legislation (i.e. Social Security Amendment Act No 2 1998; No 3 2013), are denying disabled (men and women), the right to equally participate in the workforce. As like happened during the industrial 'Victorian' times of Europe, disabled were virtually marginalized into dependency where disabled are still vulnerable to fascists and some Marxist extremes, including eugenics. A Medicalization of Disability and subsequently, Society is a frightening backward step that historically leads to further world wars.
DLANZ write this in memory of Trudy Steinbauer and Sharon Devonshire, both born disabled girls, who grew up and became mothers of their own kids...Arohanui to all

Please Our Women
Don’t Let Them Go To War
Don’t Let Your Matriarchs
Fight Their Patriarchal Flaws
Oh Rua Kenana – adaptation Herbs

6 Permanent Executive Cabinet Position for Disability Issues Portfolio AND Nga Hauaa Representation at Waitangi

Since the 1996 NZ Census, it has been recorded that 600-800 thousand citizens live with a disability. The foundation of Disabled peoples disability is built around the biological determinants of Impairment, acquired from birth; accidents, illness or just old age. Historically, disabled did exist on Aotearoa at the time and before of both 1835 Declaration of Independence, and Te Tiriti O Waitangi 1840

After the 1999 election, the Labor/Alliance coalition, in 2001, set up the Ministry of Disability Issues. The Minister had a reasonability for the New Zealand Disability Strategy (April 2001 www.modi.govt.nz Whakanui Orange – Making A World Of Difference), a comprehensive and overarching process of inclusion within policy formulation to include Disabled input at all levels. The framework’s intention was to ensure legislation like Disability Code of Rights, Building and other forms of Human Rights legislation were implemented, to redress the times of the 1990’s, under National led coalitions; a time described as a decade where “…there had been a systemic annihilation of independent advocacy for people with disabilities”.(Bay of Plenty Times September 2000)
The Minister (originally Ruth Dyson-Labour), was supposed to represent the voice of Disabled, rather than just presenting governmental policies on disability. The NZ Disability Strategy ‘Social Model of Disability’ (Ministry of Disability www.modi.govt.nz) is the Ministry’s foundation for its very existence, which was to promote policies of inclusion at Crown level, including Cabinet, and with regular consultation with Disabled Persons Assembly DPA ‘Nothing About Us…Without Us’... Sadly, this has not proved to be the case, and Disabled have virtually no political or cultural representation, A successive raft of legislation of the Medicalization of Society has seen Disabled left virtually dependent on state funding and vulnerable to being treated as ‘sick’, for requirement of health providers is systematic of the Medical Model of Disability. History showed Disabled that these types of policies, which lead a group of people vulnerable, is open to actions of genocide, as was seen in the Nazi regime of Germany 1933-45, though not restricted to that time, either before or after those tragic events of humanity.
DLANZ feel, as in line with Objective 1 ‘Inclusion’, that a position be held on the Executive of Cabinet, as monitor to ensure that ALL services relating to ALL people are met within the framework of the NZ Disability Strategy 2001. Attached is an excerpt to Waitangi Tribunal 2011 over issues relating to Hauaa/Disabled, and shows how disabled people have suffered by systemic acts of indifference and not ignorance as was given as excuses for able bodied / maaroherohe bigotry, where Holocaust appears to be an operative of policy, governments have been notified and done little to address genocides fundamental causes....
Objective 7.9 Ensure disability services do not perpetuate the myth that disabled people are ill, while recognising that disabled people do need access to health services without discrimination

To date there have been many attempts to address issues such as these through ‘Pakeha’ agencies (like the Human Rights, Race Relations and Health and Disability Commissions).However these systemic procedures still do not produce equality, as was promised in 1993 Human Rights Act and its Code of Good Practice, as was again promised in 2001 with Whakanui Oranga NZ Disability Strategy.

The governmental Department of Disability Issues Minister (Tariana Turia) had even forgotten it was the 10 year anniversary of her own Ministry when I spoke to her on Radio Waatea, earlier this year Nor has her predecessors (Dyson, Dalzell, Bennett) have anything to be proud of, when we still see on television, fathers of Down Syndrome children using the term “Nazi”, when it comes to describing Health Ministry policies in relation to these kids. (TV3”60 Minutes – Down, But Not Out “just screened Sunday 12 June 2011)

Alongside others with similar impairments, disabled kids and adults are denied a full and productive / reproductive existence by the National and Labour-led coalitions for last 20 years These Governments have operated policies primarily driven by monetary and economic reasoning. It still fails to acknowledge that without including a ;Disabled’ frame, it has, and will continue; to breach covenants denying disabled even the choice of birth, parenthood and the equal right to be valued as something other than a burden by a n able-bodied society.”

DLANZ believe Maori have the same importance as Pakeha authorities, and feel Nga Hauaa / Disabled; interests are best represented by Hauaa at Waitangi.
“Of the 15 Objectives, and its vision of a non-disabling society, 4 points are clear
• The Principles of Waitangi are recognised.
• Legislation, policies and other activities should enhance, rather than disable the lives of people with impairments.
• Community based services ensure that disabled people are supported in their own communities and institutionalisation is eliminated.
• Disabled people are treated equitably, regardless of gender, age, cultural background, type of impairment or when and how the impairment was acquired.
• Under the special relationship between Maori and the Crown, there was supposed to have been a partnership at all levels of service delivery to promote the protection and improvement of Maori well-being.”

In solidarity with Disabled Maori, DLANZ would support any call for the Minister of Whanau Ora, be given the same executive responsibility, as frames that represent both the ‘Collective’ and ‘Individual’ are best met. He Tangata, Te tangata, Te tangata

This is a Start and NOT a Summary…Hang on: Cause there will be more
Thank you,
Dougie Hay
DLANZ Coordinator

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