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The Royal Commission on Genetic Modification - submissionsNew Zealand Maori CongressSTRATEGIC ISSUES & OPTIONSSubmission The New Zealand Maori Congress (the Congress) submitted that Te Tiriti o Waitangi is the only starting point for any recommendations concerning the possible move to permitting genetic modification (GM) technology in Aotearoa / New Zealand. They then called for a moratorium on all genetic modification (GM) technology until the regulatory framework is amended to recognise Maori as having a decisive role in the decision making process.
Furthermore, the protection of Maori concerns in this field is paramount and needs to be actively promoted. Essential to achieving this is Maori having a continued and active input into developing and monitoring outcomes and processes for the utilization of these resources. This would involve education and communication about GM foods and products. The Congress also called for the development and facilitation of ongoing fora to facilitate exchange of information and views between tangata whenua and communities of interests, research institutes and funding agencies and researchers
LAW & LEGISLATIONSubmission Maori Congress urges the following amendments to legislation with connections to the control and development of GM technology in New Zealand:
The Congress asserted that it is imperative that the role of Maori and Maori science and law be recognized and upheld. It recommended that a Tikanga Maori Framework of Protection (TMFP) be established to determine the most appropriate and effective way of providing protection for Maori in respect to GM technology. The TMFP should be similar to that of the membership of the Waitangi Tribunal with functions to include developing the principles designed to realise desired outcomes, establish procedures, set standards and aid in developing benefit distribution models for Maori, the Crown, and Aotearoa New Zealand. Under the TMFP, Maori as tangata whenua would have an automatic access to all applications for assessment before any hearing, and animal welfare committees.
ETHICAL, CULTURAL, & SOCIAL ISSUESSubmission Intellectual property and human rights protection The Congress stated that Maori have a collective right to an undisturbed and unmodified genetic endowment. This corresponds to an individual's right to have their genes manipulated if they wish but they must first discharge their obligations to the group and its control over whakapapa. in their opinion, the right to development of the Maori genome is held collectively by Maori, not the Crown or its agents, or multinational companies for corporate possession. This right includes the capacity to receive benefits from its use and advance. Scientific and ethical considerations of Maori must prevail as a significant body of Maori holds that as a moral principle, the use of any human DNA or tissue for research purposes is unethical and unacceptable and is an affront to our whakapapa. Maori genome and DNA must remain within the ownership and collective control of Maori and further no Maori DNA or blood samples are to be used to general research without full and informed knowledge of the donor.
The New Zealand Maori Congress then expressed concern in respect to the breadth of research involving New Zealand flora and fauna that is being pursued without the knowledge of Maori. They noted that the 1993 Declaration of the Rights of Indigenous Peoples declare that indigenous peoples of the world have the right to self determination, and in exercising that right must be recognised as the exclusive owners of their culture and intellectual property. This document also recognises that indigenous peoples are also capable of managing their traditional knowledge themselves and insists that the first beneficiaries of indigenous knowledge (culture and intellectual property rights) must be the direct indigenous descendants of such knowledge. In the opinion of the Congress, New Zealand’s involvement in bodies such as the WTO actually breaches this document as it promotes the theft of indigenous intellectual property rights.
Spiritual concerns The Congress noted that Maori have expressed and continue to express and their abhorrence to the crossing of species and interfering with the genetic make-up of humans and animals. In their pinion, scientists continue to interfere with the basic relationship between generations and species that are central to all aspects of Maori spiritual, metaphysical customs and values. They also expressed concern that ERMA continues to ask Maori to provide proof of spiritual and metaphysical phenomena. They also objected to attempts by ERMA to categorise their values and their tikanga into a generic framework. In their opinion, such practices and motives continue to exclude and diminish Maori spiritual and cultural values causing grave disquiet among Maori communities
RISKS & BENEFITSSubmission Maori Congress then submitted that Maori are likely to be the most disadvantaged group. This is because of the lack of knowledge and understanding of GM technology and its possible impact on their spiritual, scientific, and ethical contributions to their own country. Furthermore, only a small percentage of the community in Aotearoa/New Zealand are likely to be advantaged by the introduction of GM technology. This would include research institutes, scientists, biotechnology companies, seed merchants, the dairy industry, the share market and the coffers of the tax department.
The Congress then expressed concern in respect to the threat posed by GM technology in respect to New Zealand’s unique biological diversity. In their opinion, the risks are too great to allow unchecked field tests to continue. They then stated that it was reprehensible that GM foods and products have been released into New Zealand markets. In their opinion, uncertainty still reigns due to the unknown potential risks inherent in the technology. |