On Due Diligence and the Rights of Indigenous Peoples in International Law: What a Māori World View Can Offer

Abstract

Due diligence is on the rise in international law. However, its roots and historic narrative remain heavily Eurocentric in nature. This becomes problematic in the context of states’ due diligence obligations relating to the rights of indigenous peoples. Meanwhile, due diligence can also be found in indigenous legal systems. An example is tikanga, which regulates the lives of the Māori in New Zealand. This paper attempts to investigate principles of tikanga reflecting features of a standard of care and compares this to the way due diligence is currently given meaning in international law. From this it follows that tikanga puts more emphasis on ‘relationships and balance’ than contemporary positive international law does. This paper argues for a culturally appropriate approach that integrates this feature with respect to states’ due diligence obligations relating to the protection of the rights of indigenous peoples in the context of the Māori in New Zealand. In doing so, it will become clear that this approach leads to a situation where an indigenous people is being heard and taken seriously, which forms the anchor of the international legal framework protecting the rights of indigenous peoples. With that in mind, this paper offers a template on due diligence and the rights of indigenous peoples in international law.