137.
The Committee may wish to consider including the following question in its
LOIPR for New Zealand:
What steps has the government taken to implement the recommendation from
the Constitutional Review Panel to set up a process to explore options for
amending the New Zealand Bill of Rights Act 1990 by inter alia adding
economic, social and cultural rights?
C.
The Optional Protocol to ICESCR
138.
Whilst New Zealand engaged constructively in the negotiation of the Optional Protocol
to ICESCR, it has not agreed to ratification. The government has, however, indicated it
may consider reviewing this position once the costs of the process are understood (along
with the Optional Protocol to the CRPD).100
139.
The Committee may wish to consider including the following question in its
LOIPR for New Zealand:
What steps has the government taken towards considering ratification of the
Optional Protocol to ICESCR?
D.
The realisation of economic, social and cultural rights in Tokelau
140.
Although the Commission does not have a mandate under the HRA in relation to realm
countries, it reminds the Committee that a number of human rights instruments apply
in realm countries 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”). The government does not have to report
on Niue or the Cook Islands.101It does, however, have a responsibility to report on the
realisation of ICESCR rights in Tokelau.
141.
The Committee may wish to request in its LOIPR for New Zealand that the
government provide further information on the realisation of Economic, Social
and Cultural Rights in Tokelau.
100
National Report Submitted in Accordance with Paragraph 15(A) of the Annex to Human Rights Council,
Resolution 5/1 at para 2.1.
101
Niue has had full treaty making capacity since 1994 and the government of the Cook Islands has “ exclusive
executive and legislative competence to implement treaties.”
35