Mötika Tangata më Te Tiriti o Waitangi: Mate Korona më te Noho Rähui i Aotearoa Taumata 4 Conclusion - Kōrero whakamutunga The Foreword acknowledges the government’s commendable response to COVID-19 and the human rights ‘snapshots’ confirm there are some significant shortcomings. Put human rights on the table Human rights do not provide magic solutions to grave crises, but they have a constructive contribution to make as the country navigates these dangerous times. They embody values – the importance of safety, dignity, decency, fairness, freedom, equality, respect, wellbeing, community and responsibility – which provide a compass for the way forward. In today’s world, human rights are also increasingly practical and operational. They can help to both chart and implement an effective, equitable, balanced, sustainable medium and long-term response to COVID-19. But this can only happen if human rights are on the table. One of the striking features of the government’s response to COVID-19 is the almost total silence about human rights. Yet explicit consideration of human rights could have prevented some of the shortcomings identified in this brief report. They help to strike fair balances and identify proportionate responses. At a time of crisis there is a heightened risk that mistakes will be made. Explicit attention to human rights can help to prevent mistakes, but not if they are absent from crisis management, decision-making and policy processes. During Alert Level 4, government sometimes talked about “a principles-based approach”, but human rights, agreed by successive governments and steeped in universally accepted principles, did not appear to be an explicit part of the discussion. Independent accountability At a time of crisis, there is often an accountability deficit. Parliament adjourns and some courts close their doors precisely when those in authority are granted sweeping new discretionary powers. In Aotearoa New Zealand, the media deserve enormous credit for holding government to account during Level 4. The Epidemic Response Committee, chaired by Simon Bridges, Leader of the Opposition, has also done a good job in a very difficult situation. Within government, interagency groups recognised the need to ensure discretionary powers were not abused and fair balances were reasonably struck. But care is needed. Those exercising the discretionary powers cannot hold themselves accountable. The AuditorGeneral recently emphasised that public accountability is a cornerstone of our system of government. Nimble constructive effective independent accountability mechanisms have a major role to play in Level 3 and beyond. Te Tiriti o Waitangi The government’s National Plan of Action for COVID-19 begins by confirming that the government’s commitment to working in partnership with Mäori is a key component of its national response to the pandemic. In Level 3 and the recovery phase, we urge the government to renew and reinvigorate this commitment and jointly devise and implement strategies to address COVID-19, in keeping with the country’s constitutional foundation. 17

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