49. A number of human rights instruments apply in Tokelau through New Zealand treaty action, including the International Covenant on Civil and Political Rights (“ICCPR”) and its two Optional Protocols; the International Covenant on Economic, Social and Cultural Rights (“ICESCR”), the Convention Against Torture (“CAT”) and the Convention on the Elimination of Discrimination Against Women (“CEDAW”). However, to date the New Zealand Government has not extended the coverage of the CRC to Tokelau. 50. The Government’s Report to the Universal Periodic Review notes: Tokelau children and young people have access to free education up to sixteen years of age. Primary, senior secondary and foundation tertiary education is provided on each atoll. Ensuring the on-going quality of education remains a challenge because of Tokelau’s remoteness, small population and difficulties around recruiting and retaining trained teaching staff. Whilst improving, there is limited statistical data available to track student achievement and progress. A student tracking system is hoped to be in place by January 2014. Latest information from the Consolidated Sector Report for July-December 2012 indicates not all targets are being met in the education space. Tokelau is committed to quality health services and education facilities for its people. Schools and hospital facilities are being upgraded and increasing emphasis is being given to primary health care efforts. New Zealand is hopeful that Tokelau will focus its attention on completing the Infrastructure Development Projects (IDP), which include two schools on Fakaofo and Atafu atolls and a new hospital on Nukunonu atoll. With Tokelau’s continued efforts, the completion of these buildings will provide improved health and education services to Tokelau and Tokelauans. Recommendation 51. The Committee may wish to request in its List of Issues for the New Zealand Government further information on the status on the rights of children in Tokelau and any concrete steps being taken to extend the application of the CRC to Tokelau. B. Legislation – Background information Relevant provision of the CRC: Article 4 CO 2011: The Committee urges the State party: (a) To ensure that all existing domestic legislation relating to children is consistent and is brought into compliance with the Convention and that it supersedes any existing customary law, including Maori customary law; (b) To ensure that the principles and provisions of the Convention and its Optional Protocols are applicable to all children in the territory of the State party; 12

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