Why I listened to the Parliament protesters - and what we should do now
Monday, 7 March 2022
Paul Hunt is the Chief Human Rights Commissioner.
OPINION: During the tumultuous protest in Parliament’s grounds, I met some of the protesters and their leaders.
I told them I deplored the appalling conduct - violence, misogyny, and anti-semitism - of some protesters. I explained that with human rights come responsibilities. Those I met agreed with me.
I also listened. They wanted recognition that vaccination mandates and passes have caused, and continue to cause, great distress, for example, job losses and limited access to valued public spaces.
Some of the meetings were not only attended by the Human Rights Commission, but also mana whenua who provided tikanga leadership, representatives of other local communities, and police.
**READ MORE:
* Iwi ask for respect of site ahead of possible anti-mandate occupation
* Fostering inclusion means listening to protesters - human rights commissioner
**
The commission also reached out, and listened, to some communities affected by the protest who did not meet the protesters. This will continue.
The discussions with the protesters were respectful, challenging, and emotional.
They have been moved on from Parliament’s grounds, but the messages they conveyed remain, for example, those adversely affected by the vaccination mandates and passes (or “certificates”) should be acknowledged and heard.
They told me they wish to be heard in a respectful, meaningful way.
It’s extremely important that, on the one hand, we distinguish violent, abusive individuals and, on the other hand, people who reject violence and abuse.
Respectful people who are genuinely troubled by the system of vaccination mandates and passes should not be called stupid, extremists, and terrorists.
The human rights and Te Tiriti balancing test
There is ample evidence that our system of vaccination mandates and passes has kept many people safe. It has saved lives and reduced suffering. Everyone who has contributed to this enormous achievement deserves great credit.
There is also evidence that this system has caused deep distress, for example, some people have lost their jobs and access to public places.
What is the scale of this distress? The Human Rights Commission has asked for data, and we understand it will be provided as soon as possible.
When Covid-19 arrived in Aotearoa, the commission devised a human rights and Te Tiriti test to check whether the Government’s initiatives are striking fair and reasonable balances between competing rights. Since then, we have further refined the balancing test.
Also, as circumstances have changed, we have re-applied the balancing test to new emerging situations, such as the arrival of Omicron.
The commission has published briefings about vaccination mandates and passes. However, it is difficult if not impossible for anyone to gauge the scale of the human rights issues, apply the human rights and Te Tiriti balancing test in a meaningful way, and draw compelling conclusions, without reliable data, such as the number of job losses arising from specific mandates.
What’s to be done?
Those who are opposed to vaccination mandates and passes are not one group and must not be treated in the same way. It is important to critically listen to, and talk with, those who condemn violence and abuse.
We need data about the adverse impact of vaccination mandates and passes, such as job losses; then it becomes possible to apply the human rights and Te Tiriti balancing test to the government’s initiatives.
So far as possible, all initiatives should be community driven.
Building on the Christchurch Call, social media platforms operating in Aotearoa, such as Telegram, must be held accountable by an independent body for their human rights responsibilities.
I agree with Te Punaha Matatini misinformation researcher Sanjana Hattotuwa: poor socio-economic conditions made some of the protesters particularly vulnerable to conspiracy theorists and extremists. Fair social, health, housing, and economic programmes contribute to social cohesion. By strengthening existing initiatives, we must redouble efforts to advance social justice, social cohesion, respectful relationships, and a sense of belonging.
This is what the Human Rights Commission strains to do every day by drawing upon the whole spectrum of human rights – civil, political, workers’, social, and cultural rights, non-discrimination, the right to a healthy environment, and indigenous peoples’ rights.
Tangata whenua
Mana whenua were subjected to intense provocation during the protest.
Their response was inspirational: dignified, strong, and patient.
Te Ao Māori and Te Tiriti o Waitangi have indispensable roles to play as we respond to Covid-19 and the vaccination mandates and passes.
If mana whenua and National Iwi Chairs Forum are willing, we should be guided by them as we go forward.
Engaging with government
The commission will also continue to engage, in multiple ways, with government and Parliament.
Last week, the commission received an invitation from the Government to comment on the traffic light system. We recently made a written submission to the inquiry into the traffic light system launched by the regulations review parliamentary select committee.
We look forward to discussing the issues with the select committee and remain committed to this challenging work.
Taranaki Whānui chair Kara Puketapu-Dentice recently observed, Aotearoa needs a narrative of hope, not fear.
As the country embarks on this restorative journey, Te Tiriti and all human rights have a crucial role to play.