Human Rights and Te Tiriti o Waitangi: COVID-19 and Alert Level 4 in Aotearoa New Zealand The Commission’s role is to support and coordinate New Zealand’s four independent bodies designated to inspect places of detention. The Chief Ombudsman, Office of the Children’s Commissioner, Independent Police Conduct Authority and the Inspectors of Penal Service Establishments, undertake independent inspections of places of detention to prevent illtreatment of those detained. These four agencies are known as National Preventive Mechanisms (NPMs). During Level 4, the Commission and NPMs have been meeting regularly to develop and improve inspection practice and criteria in response to the COVID-19 crisis. NPMs are undertaking information gathering, virtual inspections, video calls with people in detention, engagement with whänau, developing new inspection criteria, and have been carrying out safe physical inspections. NPMs are looking at what lessons have been learnt at Level 4 and how these can inform their monitoring at Level 3. One lesson is the limitations of virtual inspections for independent monitoring, including engaging appropriately with people in detention. However, the Office of the Children’s Commissioner has found that the use of audio/visual monitoring tools has proved unexpectedly effective when engaging with detained young people. This has enhanced the ability of the monitoring team to obtain real time insight into the experiences of detained young people. NPMs will continue to improve their practice to ensure the rights of people deprived of their liberty are respected. Recent events illustrate the importance of ensuring that the crucial role of NPMs’ unrestricted visits is understood by detaining agencies and their access is incorporated into plans for dealing with emergencies. Given disproportionate rates of detention of Mäori, acknowledged structural discrimination and documented systemic failures over decades, a Tiritibased approach in this area is vital.2 2 Racism - Whakatakētanga Since January, there has been a rise in racist and xenophobic language, as well as stigmatisation of Chinese and Asian communities. Chinese community leaders are fearful that a rhetoric of blame will encourage further xenophobia and violence. Individuals from other communities including Mäori, have noted concerns about racism during the period of lockdown. Workers from multicultural communities have highlighted the risk that racial bias may influence business decisions. Netsafe confirms that from 1 January to 12 April this year, there has been a significant increase in reports of hate speech. The Human Rights Commission is in close touch with the Chinese community and has emphasised to government leaders the current growing challenge of racism. The government’s COVID-19 response funding for Mäori and ethnic groups, to prevent disproportionate harm caused by existing inequities, is commendable. There must also be an express commitment to address racism as part of the response. We acknowledge the government’s continuing support for the Commission’s Give Nothing to Racism Campaign, which was being re-designed shortly before the pandemic reached these islands. Everyone in Aotearoa New Zealand is entitled to feel safe in their home, at work and in public. These human rights are among our domestic and international commitments. They are also part of our culture as a nation. The government must take firm steps to actively discourage racist behaviour. This means explicit public messaging and awareness raising. Post-COVID-19, the development of a National Action Plan Against Racism becomes even more important. Such a Plan would ensure a human rights lens is built into emergency preparation, planning and responses. The government must anchor its approach in Te Tiriti o Waitangi, as Uepü Häpai i te Oranga, (2019), Türuki! Türuki! Move Together! The second report of the Safe and Effective Justice Advisory Group. Accessible at: https://www.safeandeffectivejustice.govt.nz/about-this-work/te-uepu-report/ 12