SECTION 1 - INTRODUCTION
1
The New Zealand Human Rights Commission (“Commission”) is New Zealand’s
National Human Rights Institution (“NHRI”). It is accredited as an “A” status NHRI. It
is an independent Crown Entity pursuant to the Crown Entities Act 2004 and derives
its statutory mandate from the Human Rights Act 1993 (“HRA”). The long title to the
HRA states it is intended to provide better protection of human rights in New
Zealand in general accordance with United Nations human rights Covenants and
Conventions.
2
The Commission welcomes the opportunity to make this submission to the Human
Rights Committee (“Committee”) in relation to New Zealand’s 6th periodic review
under the International Covenant on Civil and Political Rights (“ICCPR”)
3
The major political and civil human rights issues in New Zealand relate to violence or
the threat of violence, particularly family violence, sexual violence and the threat of
violence from terrorists; and discrimination that sees more Māori and more disabled
people in our prisons. Significant research and work is being led by the Government
to reduce family and sexual violence, balance the political and civil rights in counterterrorism activities and eliminating the bias that the Government has accepted is
present in the criminal justice system. The Government’s delegation should be in a
position to update the Committee at the review of New Zealand on the steps the
Government is taking. These include major work on family and sexual violence under
the leadership of the Ministers of Justice and Social Development; the report of the
surveillance and intelligence due in early March; and the expansion of the Police
strategy – The Turning of the Tide - to include the whole Justice Sector. These issues
are addressed in sections 4, 6 and 8 of this submission.
4
The other major ICCPR human rights issue in New Zealand is discrimination (Article
2). Apart from the discrimination in the criminal justice system mentioned above,
the effect of this discrimination is seen in unequal realisation of economic and social
rights – particularly adequate standard of living (income and housing), education and
health. These issues are addressed in section 5 of this submission.
5
The submission has been presented according to thematic issues identified in the
Committee’s LOIPR. For each thematic area, the Commission has identified the
relevant articles of the Convention and paragraphs of the LOIPR, as well as providing
a summary of the key issues and proposed recommended actions.
6
A full list of proposed recommendations is attached as Appendix 1.
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Human Rights Commission submission to the Human Rights Committee in relation to New Zealand’s 6th periodic review under the ICCPR