E/CN.4/2006/78/Add.3 page 5 increasing numbers beginning in the nineteenth century. New Zealand is becoming a more multicultural society due to recent immigration from the Pacific Islands, Asia, Eastern Europe and Africa. Out of a total population of about four million, Maori, whose numbers dropped precipitously due to contact with Europeans, currently represent around 15 percent, most of whom currentlylive in urban centres. Maori possess a rich and vibrant cultural tradition, expressed through their close spiritual links with the land and the sea, a carefully maintained oral history, distinct forms of social organization and cultural values, as well as a variety of material and performing arts. Much of this was destroyed and diminished during the colonial period but has, in recent decades, undergone a significant rebirth, greatly enriching New Zealand society. 7. Britain annexed New Zealand in 1840 and signed an international treaty with a number of tribes iwi of the then sovereign Maori people of Aotearoa. The Treaty of Waitangi is considered a founding document of New Zealand, whereby the British Crown established its sovereignty and the Maori were guaranteed “full exclusive and undisturbed possession of their Lands and Estates, Forests, Fisheries, and other properties which they may collectively or individually possess”. The Crown thus recognized Maori’s inherent property rights, customary use of lands and resources, cultural heritage and traditional chieftainship authority. There is a continuing controversy regarding the interpretation of the text in its two distinct language versions, English and Maori, which has led to disputed meanings of the notion of “sovereignty” in the Treaty. To this day there is no agreement on a commonly understood meaning of the Treaty text. 8. During most of the nineteenth and part of the twentieth century Governments paid little attention to the Treaty of Waitangi. Historically, much legislation had a negative impact on Maori rights, including land legislation since 1862 that functioned to individualize Maori land to make it available for sale and as a result they lost most of their land. Most land in New Zealand was out of Maori ownership by 1900. Much of this legislation is now considered as breaching the Treaty of Waitangi. 9. In 1987 a landmark decision by the Court of Appeal described the Treaty as “part of the fabric of New Zealand society” and as “the country’s founding constitutional instrument”, based on legislation that prohibited “the Crown to act in a manner that is inconsistent with the principles of the Treaty of Waitangi.” Whereas this decision did not seek to clarify the legal status of the Treaty within the overall constitutional framework of the nation, the Court of Appeal and the Crown have determined the general Treaty principles, which are referred to in recent legislation. While some Maori consider them as the clearest statement of their rights, others regard the Treaty itself, not the “Principles,” as the source of their rights. Over 45 Acts of Parliament and other official documents refer to the Treaty and/or its principles, including references to the partnership between Maori and the Crown. 10. Not being directly enforceable under New Zealand law unless its provisions are explicitly incorporated into legislation, the Treaty is not a formal part of New Zealand domestic law. This makes it more difficult for Maori to invoke the Treaty provisions in defence of their rights before the courts and in negotiations with the Government. In view of the importance of the Treaty as a founding constitutional document and its unenforceability as a constitutional guarantee of human rights, the Special Rapporteur considers that the entrenchment of the Treaty of Waitangi in constitutional law is long overdue.