New Zealand Human Rights Commission Submission to the CAT in relation to NZ’s 6th
periodic review
Over-representation of Māori in the criminal justice system
5.
LOIPR: para 18 – In light of the previous recommendations of the Committee, please
provide an update on … any legal, administrative and judicial measures taken to reduce the
over-representation of Māori and Pacific Islands people in prison.
Relevant provision of the CAT: Article 11
SPT Recommendation:
The SPT recommends that the State party replicate and further develop existing
programmes, including Māori literacy programmes, aimed at reducing Māori recidivism. The
State party should focus on programmes which support reformation and reintegration,
produce tangible outcomes and focus on preventing reoffending.
WGAD:
We recommend that a review is undertaken of the degree of inconsistencies and systemic bias
against Māori at all the different levels of the criminal justice system, including the possible
impact of recent legislative reforms. Incarceration that is the outcome of such bias constitutes
arbitrary detention in violation of international law.
The Working Group has studied the police review and the 'Turning the Tides' initiative, and
the review it recommends would take further the work of the police, extending it to other
areas of the criminal justice system. The Working Group also considers that the search
needs to continue for creative and integrated solutions to the root causes which lead to
disproportionate incarceration rates of the Māori population.
Key Issues:
Only 5% of Māori come into contact with the justice system
However, those who do are disproportionately represented at every stage.
Māori experience more factors which contribute to offending and victimization.
Recommended action:
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