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backing of international human rights law. I refer to the right of persons who belong
to an ethnic, religious, or linguistic minority, in community with other members of
that minority, to enjoy the culture, to profess and practice the religion, or to use the
language of that minority.2
What we need to note however, is that the rights claimed for each category of cultural
group, are not the same. We might start with the founding cultures beginning with
that of say, the British in New Zealand. The first concern is for the maintenance of
cultural identity. This may not be openly addressed in a sober way but can erupt in
crude comments as in references to the number of Asians on Queen Street. The
second concern may be to maintain the inherited system of government to which all
citizens are expected to subscribe. That too is a particular form of cultural
manifestation. So far, the New Zealand system of government is not constitutionally
entrenched.
The prospect of identity loss is likely to be more pressing for such founding minorities
as the French Canadians. However, their concerns have now been recognised, and
having been recognised they can now be provided for in ways that will hopefully
provide some relief.
The indigenous have a bundle of distinctive claims that may be seen as the natural
consequences of their indigenous status. Indeed for most legal purposes their rights
derive not from their culture but from their existence as political entities before the
states establishment. Accordingly they claim rights of self-government within the
state. They seek respect and support for their customs and culture, not merely state
indifference or tolerance. In the multi-cultural environment of today they are further
unique in that they have no safe, cultural base, no mother country where their culture
is perpetuated as the norm.
Australia and New Zealand are also hosts to unique cultural groupings from the
Pacific Islands. It is likely that the culture of some of these groups will survive only
on our soil, especially with global warming. Their culture is like an endangered
2
Article 27 International Covenant of Civil and Political Rights and in New Zealand, s 20 New
Zealand Bill of Rights Act 1990.