Sharples Pita: Crimes of Torture Amendment Bill — First Reading 
Sharples Pita: Crimes of Torture Amendment Bill — First Reading 
[Volume:630;Page:2214] 
Dr PITA SHARPLES (Co-Leader—Maori Party) 
: 
 Tangata whenua have always valued the right to life to liberty and to security of people as articulated in article 3 of the Universal Declaration of Human Rights. We all know that it goes further back than that and we recognise the impact of the Magna Carta as human rights of liberties and freedom. Clause 13 of the Magna Carta describes the guaranteed protection and recognition of what it called ancient liberties and free customs of the people on the land as well as the water. All members of this House will of course recognise the close relationship of this clause to article 2 of Te Tiriti o Waitangi which preserves for our indigenous peoples ancient liberties and free customs that we enjoyed on the land as well as the water. These are indigenous values. They are international values. They are values that we seek to uphold. They are values that instruct us on the reasons to oppose torture and other cruel inhuman or degrading treatments or punishments. They are values that therefore guide us on how we respond to the Optional Protocol. 
Maori have always opposed human rights abuses. We have opposed all forms of torture and abuse violence rape and genocide. We stand for the importance of truth and justice and of freedom from abuse and terror. We stand also for the need to restore our international reputation through compliance with international human rights law. We therefore uphold and recognise the importance of article 5 of the Universal Declaration of Human Rights in which no one shall be subjected to torture or to cruel inhuman or degrading treatment for punishment. 
We know from the many United Nations Committee Against Torture reports into the performance of this country that our reputation around cruel inhuman or degrading treatments for punishment is not that hot. The committee’s recommendations to the New Zealand Government in June 2004 included the fact that juveniles are sometimes not separated from adult detainees and have been detained in police cells owing to a shortage of Child Youth and Family residential facilities. The findings of the Ombudsman referred to investigations of the alleged assaults by prison staff on inmates in particular the reluctance to address such allegations promptly and the quality impartiality and credibility of investigations. 
New Zealand responded by saying that for all allegations relating to control and restraint and incidents relating to the use of force prisoners are provided with the opportunity to lay a complaint about the incident with police. “Provided with an opportunity” hardly seems to hit the mark. Surely it should be said that this Government will do everything possible to ensure that control and restraints and the use of force are not abused at the expense of well-being and human rights. The Government response goes further to state that although these incidents are not subject to a formal internal investigation prison managers are required to review them as soon as possible after they have occurred. One does have to wonder why on earth these incidents are not subject to formal internal investigation. Is that saying that we support such deplorable actions taking place? 
Two years later and just 20 days ago another forum: the United States of America issued a country report on human rights practices in New Zealand. Its report released by the Bureau of Democracy Human Rights and Labor on 8 March 2006 listed the following issues under prison and detention centre conditions as occurring during the 12-month period ended June 2005. First prison overcrowding was a problem. Second juveniles spent more than 600 detention nights in police cells. Third eleven inmates from Paremoremo prison behavioural management regime were awarded compensation for breaches of their rights under the Bill of Rights Act. Fourth management failings in the “goon squad” allowed the unit to develop into an inappropriate militaristic culture. 
 This litany of failure is an absolute travesty of justice. It is an indictment on this country that we are still receiving reports condemning the cruel inhuman or degrading treatment or punishment meted out at Mangaroa Paremoremo and inside South Island prisons where guards allegedly spooked and harassed inmates waking them in the night rattling cages dragging out anyone who gave them lip and locking them in punishment cells. 
These incidents are not isolated or new. We all have experiences and stories within our tribal histories that guide us into understanding the concept of torture. My colleague Te Ururoa Flavell made mention of this in his maiden address to this House when he reminded us of the statement made by Mokomoko o Te Whakatohea being hanged for a crime he did not commit. Mokomoko said: “Tangohia te taura i taku kaki kia waiata au i taki waiata.”—“Take this rope from my throat so that I may sing my song.” This I believe was a reference to his desire to let the world know the truth about his conviction. We must never forget that he was hanged; he has since been pardoned. 
Tim Finn has pronounced to the world the concept of torture as it relates to tangata whenua in his song “Parihaka”. I will save members the torture of me trying to imitate Tim Finn by telling the story instead. The Government passed the Suppression of Rebellion Act 1863. This Act defined Maori fighting for their land as rebels who could be detained indefinitely without trial. During that period of non-violent unrest hundreds of Maori were arrested and kept in prison without trial. The conflicts between the people of Parihaka and the settler-backed Government came to a head in 1881. On 19 October 1881 the Native Affairs Minister William Rolleston signed the proclamation to invade Parihaka. On 5 November 1881 the peaceful village was invaded by 1500 volunteers and members of the armed constabulary. The soldiers were welcomed by the 2000 people of Parihaka allowing themselves to be arrested without protest. Te Whitiand Tohu were the first to be led away. They were imprisoned without trial then taken on a tour of the South Island to show them all the progress and developments made by the Europeans. 
The forced incarceration and the imprisonment of the people within caves were all experiences of torture in a 19th century context yet Te Whiti continued to ask that his people be given justice their freedom and return to their tribal lands. 
Whakatohea and Parihaka created an infamous history of torture in this land. The modern-day Committee Against Torture and US department reports create a new history through the review of activities at Paremoremo prison Mangaroa Prison and who knows where else. It is to this end that the Maori Party will of course support this bill through to select committee. Although we support the wide scope of the bill in covering all places where people are detained—hospitals as well as prisons—we are also mindful that there are discrepancies between the Optional Protocol and the Crimes of Torture Amendment Bill. However we do have some reservations. In particular we believe that having a United Nations subcommittee on prevention look into the conditions of detained persons in New Zealand would be valuable particularly in terms of prisons that the Committee Against Torture has already raised concerns about. An external independent agency that is functionally independent and that is able to apply scrutiny to the conditions of detention applying to detainees and the treatment of detainees and to make recommendations for improvement is essential in a free society. 
The Maori Party promotes a system based on justice that heals. We promote a system that rejects any attempts to alienate victims and their families or that dehumanises perpetrators and their families. We stand for truth justice and freedom from abuse and terror. Ake ake ake tonu atu.