GraduateSpecialized Level LAW - Essay Example

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GraduateSpecialized Level LAW

With regard to the exercise of the cultural rights protected under article 27 [of the International Covenant on Civil and Political Rights], the Committee observes that culture manifests itself in many forms, including a particular way of life associated with the use of land resources, especially in the case of indigenous peoples.
Discuss whether Article 27 of the International Covenant on Civil and Political Rights, to which New Zealand is a signatory, is effective in protecting the right of MAORI to enjoy Maori culture in New Zealand.
Article 27 of the International Covenant on Civil and Political Rights gives to the Maori culture the right to engage in fishing activities and it reiterates its obligations to ensure that these rights are recognized. The Fisheries Settlement has achieved this to a large extent in as much as it gave them the right to revenue through quota together with Maori participation in the Sealords deal in what may be called as the modern day embodiment of Maori claims to the commercial fishery. In this way Maori exercises effective control in a company through their shareholding and their representatives on the Board of Directors and has placed them in an unprecedented position to expand their presence in the market through the acquisition of further quota and fishing assets as well as through diversification in international catching processing and marketing. Its implementation is ensured and protected by the Treaty of Waitangi Fisheries Commission and its companies as well as individual tribes. Apart from this the Fisheries settlement has come a long way in protecting non-commercial fishing i.e. ...Show more

Summary

With the ethnic group now becoming speedily aware of their rights and privileges envisaged under Article 27 of the Convention, the group has been able to protect their ethnic identity and emerge as a winner in the national arena…
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