HUMAN RIGHTS IN NEW ZEALAND 20 1 0 fronting country reports such as CEDAW, ICCPR and the This followed the enactment of the Crimes of Torture UPR. The Commission has become more involved in the Amendment Bill, which made a number of changes to treaty reporting process and monitoring the outcomes. the principal act, including providing for the establish- In 2006, the UN General Assembly adopted the UN CRPD. 37 The first treaty of the 21st century, the CRPD is designed to ensure people with disabilities can enjoy the same rights as everyone else. Although the Convention does not create any new rights, it reformulates existing rights to reflect the experience of persons with disabilities. New Zealand ratified the CRPD in 2008, following an exercise in which domestic legislation was examined for compliance with the Convention. This led to changes to a wide variety of legislation that contained provisions premised on the assumption that people with certain ment of certain organisations as National Preventive Mechanisms (NPMs). The Human Rights Commission is the central co-ordinating body. The Office of the Ombudsmen is the NPM with responsibility for prisons, immigration detention, health and disability places of detention, and youth justice facilities. The Children’s Commissioner deals with children and young people in youth justice residences. The Independent Police Conduct Authority has responsibility for people held by the police, and the Inspector of Service Penal Establishments monitors custody arrangements of the defence forces. disabilities were unable to carry out particular statutory New Zealand has withdrawn reservations to some treaties roles. as part of an ongoing review process. Following introduc- Changes made to the Human Rights Act prior to ratification of the CRPD include: • amending section 36 (which relates to partnerships) by adding provisions for reasonable accommodation and mitigation of harm • making similar changes to sections 37, 39 and 41, tion of the Parental Leave and Employment Protection (Paid Parental Leave) Amendment Act 2002, the reservations to Article 10(2) of ICESCR and Article 11(2)(b) of CEDAW, relating to paid parental leave, were withdrawn in 2003, as it was considered that New Zealand was able to fulfil its obligations in this respect. The CEDAW reservation relating to employment of women in the which relate to professional associations, vocational armed forces in conflict situations was removed in 2007, training bodies and bodies that confer qualifications following the repeal of section 33 of the HRA. The Govern- • amending section 56 to ensure reasonable accommodation in residential accommodation • extending section 60 to reasonably accommodate people with disabilities in educational establishments. ment has also recently indicated that it is working towards amending regulations on detention, to permit the withdrawal of reservations to Article 10(2)(b) and (3) of ICCPR. 39 New Zealand became a party to the 1961 Convention The Optional Protocol to ICESCR was adopted by the UN on the Reduction of Statelessness in 2006, although it General Assembly in 2008. While New Zealand engaged has still not ratified the earlier Convention on the Status constructively in the negotiation of the optional protocol, of Stateless Persons. It was felt that accession to the it has not agreed to ratification, although it has indicated 1961 convention demonstrated an active commitment it may consider reviewing this position – along with to ensuring that statelessness is avoided for people who its position on the Optional Protocol to CRPD – in due already have an established link to New Zealand. 38 course. 40 New Zealand ratified the Optional Protocol to the The UN General Assembly adopted the Declaration on Convention against Torture (OPCAT) in March 2007. the Rights of Indigenous Peoples (UNDRIP) in September 37 International Convention on the Rights of Persons with Disabilities and its Optional Protocol UNGAOR 61st session, Item 67(b), UNDoc. A/61/611(6/12/06) accessed 4 November 2010 from www.un.org/esa/socdev/enable/rights/convtexte.htm 38 Foreign Affairs, Defence and Trade Committee (2003), International Treaty Examination of the 1961 Convention on the Reduction of Statelessness (Wellington: House of Representatives), p 2 39 Consideration of reports submitted by states parties under Article 40 of the covenant: ‘Concluding observations of the Human Rights Committee’, CCPR/C/NZL/CO/5, para 5 40 National report submitted in accordance with paragraph 15(A) of the annex to Human Rights Council, resolution 5/1, para 2.1 23