DISCRIMINATION – ARTICLE 2 OVERINCARCERATION OF MĀORI WOMEN 6. New Zealand has a disproportionately high incarceration rate. New Zealand has about 204 prisoners per 100,000 people, the 7th highest in the OECD. 7. While Māori make up only 15% of New Zealand’s population, they account for a disproportionate amount of those coming into contact with the criminal justice system – both as victims and offenders. Rates of victimisation across most offence types – particularly violent offences – are significantly higher for Māori. Māori are also over-represented at the other end of the criminal justice spectrum; in New Zealand’s arrests, prosecutions, convictions, imprisonments and re-imprisonments. In 2016 56.3% of prisoners were Māori.3 The situation is even more acute for Māori women who make up approximately 60% of the prison population. 8. The Human Rights Commission was successful in receiving funding from the OPCAT Special Fund for a project to review seclusion and restraint practices. The resulting report written by an expert in this area, Dr Sharon Shalev, found that prisoners of non-European descent were much more likely to be on directed segregation (being separated for disciplinary reasons). Between May and October 2016, Māori and Pacific people made up approximately 80% of Directed Segregations. By comparison, New Zealanders of European descent accounted for 15%.4 9. At every stage in the criminal justice process, the outcomes for Māori are generally more severe than they are for non-Māori. Māori are less likely to receive diversion or cautions and are more likely to be sentenced to prison. Māori are almost twice as likely to be imprisoned than non-Māori. In the last year 17.5% of Māori convictions were imprisoned compared with 10.3% for Europeans and 10.9% for Pacific peoples.5 If Māori were imprisoned at the same rate as non-Māori the total prison population would roughly halve and New Zealand’s incarceration rate would drop to 20th in the OECD. 10. As the Working Group on Arbitrary Detention (“WGAD”) acknowledged, it is important to address those underlying risk factors which increase the likelihood of exposure to the criminal justice system. The WGAD stated:6 The search needs to continue for creative and integrated solutions to the root causes which lead to disproportionate incarceration rates of the Māori population. (Emphasis added). 3 http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=11828500 Shalev, S: “Thinking Outside the Box?” A review of seclusion and restraint practices in New Zealand. 2017 at page 26. 5 Supra note 3. 6 Working Group on Arbitrary Detention, Mission to New Zealand, A/HRC/30/36/Add.2 (6 July 2015) 4 1