10.
In its Fourth Periodic report to the Committee the State indicated that it has no plans
to review the BORA at this stage. 3 In the absence of a comprehensive constitutional
document or entrenched legal provisions, economic, social and cultural rights are
mainly provided for through legislative and policy instruments that establish
corresponding services, protections and entitlements.4 In addition, cabinet
guidelines provide that new legislation must comply with New Zealand’s
international human rights treaty obligations.5 This provides an ad hoc procedural
framework for assessing the compliance of new legislation with ICESCR.
11.
Furthermore, it is notable that while the State has expressed its commitment to
meeting the UN Sustainable Development Agenda 2030, it does not seem to have
implemented any visible policy strategy for that purpose. The Commission is
concerned about the apparent absence of such a strategy, particularly given that the
SDG 2030 Agenda goals are concerned with the realisation of economic, social and
cultural rights. There is currently little legislative alignment with this objective. For
example, the Public Finance Act 1989, which regulates the State’s use of public
financial resources, does not include any provision that would require decisions
regarding the use of public finances to take into account the maintenance or
advancement of economic, cultural and social rights.
12.
A strategy needs to be developed and implemented urgently, alongside
comprehensive and transparent reporting against SDGs at a domestic and
international level. This includes reporting on SDG progress through treaty body
review processes and participation in the UNESOC High Level Political Forum,
including provision of Voluntary National Reviews to the UN Department of
Economic and Social Affairs.
Recommendation 1
That the New Zealand Government demonstrate its commitment to realisation of socioeconomic and cultural rights and achievement of SDG goals by:
a. Amending the New Zealand Bill of Rights Act 1990 to include specific protection for
economic, social and cultural rights.
b. Amending the Public Finance Act to ensure that Economic, Social and Cultural rights
are appropriately considered and taken into account when fiscal and resource
decisions are made.
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