Dr Claire Winfield Ngamihi Charters

Biography

Claire is from Ngati Whakaue, Tuwharetoa, Nga Puhi and Tainui.

Claire’s primary area of research is in Indigenous peoples’ rights in international and constitutional law, often with a comparative focus. Her PhD thesis examined the legitimacy of indigenous peoples’ norms under international law, which will also be the focus of a book contracted to Cambridge University Press and due for publication in 2017.  Claire is currently working on articles focused on courts' approaches to Indigenous peoples' rights and human rights and the relationship between politics and the law, the jurisprudence and contribution of the Expert Mechanism on the Rights of Indigenous Peoples to international law and on theory associated with Indigenous peoples and the law in a collaboration with scholars from the National University of Singapore, University of Victoria and University of Melbourne.

Claire has typically combined her academic research and teaching with advocacy for the rights of Indigenous peoples at the domestic and international levels. In 2016 Claire was appointed by the President of the United Nations General Assembly to advise him on enhancing Indigenous peoples' participation in the United Nations. From 2010-2013 Claire worked for the UN’s Office of the High Commissioner for Human Rights in the Indigenous Peoples and Minorities Section, focusing on the Expert Mechanism on the Rights of Indigenous Peoples.

Claire has introduced a number of new courses to the curriculum at the University of Auckland including comparative Indigenous peples' legal issues and international law and Indigenous peoples.

Research | Current

Claire is currently working on a book on the legitimacy of Indigenous peoples' rights under international law which is contracted to Cambridge University Press and is due for publication in 2017.  

In addition, Claire has recently published chapters and articles examining the relationship between politics and law in court cases involving Maori (in the Public Law Review), the work of the Special Rapporteur on the rights of Indigenous peoples in harmonising international law as it relates to Indigenous peoples (in the Arizona Journal of International and Comparative Law) and examined New Zealand Supreme Court cases involving Maori from a critical, comparative and international perspective (in an edited collection).  Her chapter on rights to lands, territories and resources in the Declaration on the Rights of Indigenous Peoples is due for publication soon (by Cambridge University Press).  Please see Claire's SSRN author page: http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=2240078.

Claire continues to analyse the approach taken by political bodies and courts to the relationship between Indigenous peoples' rights and human rights.  

Claire regularly speaks at academic conferences, at the United Nations, in seminars for judges and provides expert evidence and advice on issues affecting Maori and Indigenous peoples.

Teaching | Current

Contemporary Tiriti o Waitangi issues

Jurisprudence

Comparative constitutional law and Indigenous Peoples

Indigenous Peoples under international law

Law and Society

Responsibilities

Associate Dean (Equity and Well-being), Faculty of Law

Academic representative, Te Hunga Roia Maori (Maori Lawyers Association)

Advisor to the President of the General Assembly on enhancing Indigenous peoples' participation at the United Nations

Editor, te Tai Haruru, Journal of Maori and Indigenous Legal Issues

Committees/Professional groups/Services

International Law Association (New Zealand)