Mötika Tangata më Te Tiriti o Waitangi: Mate Korona më te Noho Rähui i Aotearoa Taumata 4
Conclusion -
Kōrero whakamutunga
The Foreword acknowledges the government’s
commendable response to COVID-19 and the human
rights ‘snapshots’ confirm there are some significant
shortcomings.
Put human rights on the table
Human rights do not provide magic solutions to grave
crises, but they have a constructive contribution to
make as the country navigates these dangerous times.
They embody values – the importance of safety, dignity,
decency, fairness, freedom, equality, respect, wellbeing,
community and responsibility – which provide a
compass for the way forward.
In today’s world, human rights are also increasingly
practical and operational. They can help to both chart
and implement an effective, equitable, balanced,
sustainable medium and long-term response to
COVID-19.
But this can only happen if human rights are on the
table. One of the striking features of the government’s
response to COVID-19 is the almost total silence about
human rights. Yet explicit consideration of human
rights could have prevented some of the shortcomings
identified in this brief report. They help to strike fair
balances and identify proportionate responses. At a time
of crisis there is a heightened risk that mistakes will be
made. Explicit attention to human rights can help to
prevent mistakes, but not if they are absent from crisis
management, decision-making and policy processes.
During Alert Level 4, government sometimes talked
about “a principles-based approach”, but human rights,
agreed by successive governments and steeped in
universally accepted principles, did not appear to be an
explicit part of the discussion.
Independent accountability
At a time of crisis, there is often an accountability
deficit. Parliament adjourns and some courts close their
doors precisely when those in authority are granted
sweeping new discretionary powers.
In Aotearoa New Zealand, the media deserve enormous
credit for holding government to account during Level
4. The Epidemic Response Committee, chaired by Simon
Bridges, Leader of the Opposition, has also done a good
job in a very difficult situation.
Within government, interagency groups recognised the
need to ensure discretionary powers were not abused
and fair balances were reasonably struck. But care is
needed. Those exercising the discretionary powers
cannot hold themselves accountable. The AuditorGeneral recently emphasised that public accountability
is a cornerstone of our system of government. Nimble
constructive effective independent accountability
mechanisms have a major role to play in Level 3 and
beyond.
Te Tiriti o Waitangi
The government’s National Plan of Action for
COVID-19 begins by confirming that the government’s
commitment to working in partnership with Mäori
is a key component of its national response to the
pandemic. In Level 3 and the recovery phase, we
urge the government to renew and reinvigorate
this commitment and jointly devise and implement
strategies to address COVID-19, in keeping with the
country’s constitutional foundation.
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