137. The Committee may wish to consider including the following question in its LOIPR for New Zealand:  What steps has the government taken to implement the recommendation from the Constitutional Review Panel to set up a process to explore options for amending the New Zealand Bill of Rights Act 1990 by inter alia adding economic, social and cultural rights? C. The Optional Protocol to ICESCR 138. Whilst New Zealand engaged constructively in the negotiation of the Optional Protocol to ICESCR, it has not agreed to ratification. The government has, however, indicated it may consider reviewing this position once the costs of the process are understood (along with the Optional Protocol to the CRPD).100 139. The Committee may wish to consider including the following question in its LOIPR for New Zealand:  What steps has the government taken towards considering ratification of the Optional Protocol to ICESCR? D. The realisation of economic, social and cultural rights in Tokelau 140. Although the Commission does not have a mandate under the HRA in relation to realm countries, it reminds the Committee that a number of human rights instruments apply in realm countries through New Zealand treaty action, including the International Covenant on Civil and Political Rights (“ICCPR”) and its two Optional Protocols; the International Covenant on Economic, Social and Cultural Rights (“ICESCR”), the Convention Against Torture (“CAT”) and the Convention on the Elimination of Discrimination Against Women (“CEDAW”). The government does not have to report on Niue or the Cook Islands.101It does, however, have a responsibility to report on the realisation of ICESCR rights in Tokelau. 141. The Committee may wish to request in its LOIPR for New Zealand that the government provide further information on the realisation of Economic, Social and Cultural Rights in Tokelau. 100 National Report Submitted in Accordance with Paragraph 15(A) of the Annex to Human Rights Council, Resolution 5/1 at para 2.1. 101 Niue has had full treaty making capacity since 1994 and the government of the Cook Islands has “ exclusive executive and legislative competence to implement treaties.” 35

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