Surveillance and anti-terrorism powers
64.
In addition, the rights of children under Article 16 have been more indirectly engaged
by a recent raft of interim legislation that has established extraordinary mechanisms
for countering foreign terrorist fighters and increasing governmental powers of
surveillance.28 An Independent Review of Security and Intelligence services is
currently ongoing and will be releasing its findings in February 2016. The review is
expected to result in a major overhaul of New Zealand’s intelligence and security
legislation and oversight mechanisms. To date, the potential impact of these reforms
of children, particularly the children of ethnic groups who may be unduly targeted by
surveillance powers, has not been accorded specific consideration.
Recommendations
65.
The Committee may wish to consider including the following questions in its List
of Issues for the New Zealand Government:
What measures has it put in place to ensure that the rights of children are
protected during information sharing processes invoked under the
Vulnerable Children’s AISA?
What is the status of the Government’s development of a predictive risk
modeling system for the child protection system and what measures will it
put in place to protect the rights of children subject to it?
What measures does the Government intend to take to ensure that the
rights of children are upheld and protected in circumstances where they,
or their family members, are subject to surveillance or other forms of
intelligence or security activity?
B. Violence and abuse
Relevant provision of the CRC: Article 19
CO 2011: Prioritize the elimination of all forms of violence against children, including by
ensuring implementation of the recommendations of the United Nations Study on violence
against children (see A/61/299), paying particular attention to gender.
28
See for example Countering Foreign Terrorist Fighters Bill 2014.
16