76 S e cti o n T w o – c iv il and politi cal rights Interdependence of democracy and can channel popular opinion and engage with the human rights Government). 8 Democracy and the rule of law are interdependent and both are necessary to create an environment in which human rights can be realised. The Economic and Social New Zealand context Kaupapa o Aotearoa Council has reported in relation to Article 25 that “the fundamental principles of equality, participation and The constitutional framework accountability derive from, underpin and protect human New Zealand does not have a single, stand-alone consti- rights, democracy and the rule of law”. 6 tution. Rather, a number of laws, including the Consti- General comment 25 develops the concept of the right tution Act 1986, the Electoral Act 1993 and the New of everyone to vote and play a role in public affairs. It Zealand Bill of Rights Act 1990 (BoRA), together with the describes the conduct of public affairs as: Treaty of Waitangi, judicial decisions and constitutional … a broad concept which relates to the conventions, make up the constitutional framework. 9 exercise of political power … It covers all The business of government is distributed among the aspects of public administration, and the executive (cabinet ministers and the public service), the formulation and implementation of policy at legislature and the judiciary. This separation of powers international, national and regional and local ensures that there are checks and balances within levels. The allocation of powers and the the system and accountability and impartiality are means by which individual citizens exercise maintained. The public service consists of 35 government the right to participate in the conduct of departments and ministries, is politically neutral (that is, public affairs should be established by the appointments are not made on a partisan political basis) constitution and local laws. 7 and serves the elected Government. 10 The rights to influence public decision-making and Treaty of Waitangi 11 decision-makers (popular control), and to be treated with Article 1 of the Treaty of Waitangi provides for the equal respect and as of equal worth (political equality) in Crown’s right to govern in New Zealand. In terms of decision-making are fundamental to a democracy. contemporary democratic rights, Article 1 is arguably The conditions necessary for realising popular control and political equality are: • a guaranteed framework of citizens’ rights (including civil, political, economic, social and cultural rights) • a system of representative and accountable political institutions • an active civil society (people working together who the basis for current government structures in New Zealand, including the predominantly Westminster style of governance. Article 2 of the Treaty guarantees Mäori “full, exclusive and undisturbed possession” (English version) or “te tino rangatiratanga” (Mäori version) of their lands, estates, forests, fisheries and ‘taonga’ (treasured possessions). This 6 Economic and Social Council, Civil and Political Rights (2005), para 41 7 United Nations Human Rights Committee (1996), general comment 25: The right to participate in public affairs, voting rights and the right of access to public service (UN Doc.CCPR/C/21/Rev.1 add 7). 8 Beetham D (1999), Democracy and Human Rights (Stafford, Australia: Wiley-Blackwell) 9 Many constitutional conventions (such as the collective responsibility of cabinet ministers) have no formal legislative base, but are reflected in documents such as the Cabinet Manual. Similarly, parliamentary practices are contained in Parliamentary Standing Orders. 10 Under the State Sector Act 1981, the State Services Commissioner has three roles relating to the performance of the public service: appointing chief executives, reviewing the performance of chief executives and investigating the performance of the public sector. 11 For a more detailed explanation of the Treaty and its relationship to New Zealand law, see the chapter on ‘Human Rights and the Treaty of Waitangi’.