HUMAN RIGHTS IN NEW ZEALAND 20 1 0 Everyone has the right to choose to take part in the government of their country. are not only interdependent but necessary to create an environment in which human rights can be realised. 2 Universal Declaration of Human Rights, Article 21 (plain text) International context Kaupapa ä taiao Introduction Tïmatatanga International human rights standards Democratic rights include the right to take part in electing the Government and the right to access and participate in the public service. There is also a corresponding duty of responsible citizenship, which involves a willingness to play a part in public affairs and to respect the rights and freedoms of others. Under Article 25 of the International Covenant on Civil and Political Rights (ICCPR), all citizens have the right and opportunity to take part in the conduct of public affairs in their country, directly or through freely chosen representatives, and the right “to vote and to be elected at genuine periodic elections which shall be by universal and equal There have been some significant changes since the suffrage and shall be held by secret ballot, guaranteeing Commission’s review of human rights in 2004. Domesti- the free expression of the will of the electors”. 3 They also cally, these include acknowledgement of the need for a have access, on equal terms, to public service. review of New Zealand’s constitutional arrangements, better understanding of the role that civil society can play in informing the development of policy, and amendments to the Local Government Act 2002 to increase the transparency and accountability of local government. The Electoral Finance Act 2007 was introduced (and repealed), legislation to make Auckland into a ‘super city’ Both the ICCPR and the International Covenant on Economic, Social and Cultural Rights (ICESCR) state that all peoples 4 have the right to self-determination, including the right to freely determine their political status. The right to self-determination is also found in the UNDRIP. was passed, and the Environment Canterbury (Temporary Democratic rights include a range of other rights, such Commissioners and Improved Water Management) Act as to justice, freedom of expression, peaceful assembly 2010 and Canterbury Earthquake Recovery Response Act and freedom of association. They also include freedoms 2010 were enacted amid criticism that they undermined and social and economic rights, such as to health, social democratic participation and the rule of law. security and education. The importance of ensuring Internationally, the UN Declaration on the Rights of that these rights are available on a non-discriminatory Indigenous Peoples (UNDRIP) – which includes the right to basis is emphasised in the ICCPR and the ICESCR, the UN self-determination for Indigenous peoples – was adopted Convention on the Elimination of All Forms of Discrimi- by the UN General Assembly in 2007.1 The Convention nation against Women (CEDAW), the Convention on on the Rights of Persons with Disabilities, which sets out the Elimination of Racial Discrimination (CERD) and, a state’s responsibility to ensure persons with disabili- most recently, the Convention on the Rights of Persons ties can effectively and fully participate in political and with Disabilities (CRPD). CEDAW and CERD also require public life on an equal basis with others (Article 29(a)), states to ensure equal representation and participation was also opened for ratification in 2007. Overall, there is of women and all ethnic and racial groups in political greater recognition that democracy and the rule of law processes and institutions. 5 1 New Zealand indicated its support for the declaration in 2010. 2 Economic and Social Council, Civil and Political Rights (2005), Interdependence between Democracy and Human Rights, Report of the Second Expert Seminar on Democracy and the Rule of Law, Geneva, E/CN.4/2005/58 3 Unlike the other rights in the ICCPR, Article 25 applies only to citizens, not to all people. 4 Traditionally a term referring to nation states 5 CEDAW, Article 7; CERD, Article 5(c) Gavin Marshall, of Little Akaloa on the Banks Peninsula, carries a ballot box into the Little Akaloa Public Hall in preparation for the 2005 general election. (New Zealand Herald photograph by Simon Baker) 75