New Zealand's National Universal Periodic Review (UPR) Report ...

More documents

Recommendations

Info

• Katherine Peet agreed with the above and suggested that the report acknowledge thatESC are not covered under the BORA.2.7 Remedies, Compensation and Rehabilitation• Katherine Peet noted that the first paragraph gives and untrue impression that thereare effective remedies for those whose rights are breached under the Human RightsAct. This should be clarified, for example by explaining that the Foreshore and SeabedAct breached the rights of Maori.Section Three: Promotion and Protection of Human Rights3.1 Treaty of Waitangi and the Rights of Indigenous People• Katherine Peet suggested the title refer to ‘Indigenous Peoples’. She also noted thesection was very focussed on the Treaty settlement process, when it should also focuson the continuing relationship. She also noted that the Treaty is not only about Maori,but about setting out the relationship between the indigenous peoples and everyoneelse – it is about giving rights to all.• Natalie Baird suggested firstly that the para 5 note that Maori and others disagreedwith the Foreshore and Seabed Act. Secondly, para 5 should also refer to theStavenhagen visit, including alongside the CERD report. Thirdly, in relation to theDRIP, it would be useful to mention any possible reviews of the government’s position.3.2 Gender• Richard Kay explained that the section would have to be updated in light of changes inpay equity policies.• Karolin Potter commented on the failure to include the issues specific to men, such ashigh imprisonment rates, violence, and problems with education (eg: literacy andtertiary education success).• Katherine Peet commented that the gender section was too long in terms of therelative length of the report and that it should be shortened to make room for otherissues, such as a greater focus on the Treaty as an overarching framework for peoplesto work together.3.3 Children and Young People• Natalie Baird raised the possibility of addressing child poverty in this section, butRichard Kay explained that it was covered as a key challenge in Section Four.• Katherine Peet suggested the section cover the issues around the CPAG (ChildPoverty Action Group) case (ie: the prima facie discrimination against people who havea dependent child or dependent children but who are not eligible for tax creditsbecause they receive their main income by way if a benefit paid by the Government).• Marissa Johnpillai commented that there was no mention of the lack of a minimumworking age in New Zealand, or of the fact that there is no minimum wage for thoseunder 16.• Joanna Collinge noted that there is no mention of New Zealand’s reservations to theConvention on the Rights of the Child.3.4 Senior Citizens26
• Jim Fraser commented that the Gold Card is still in its infancy and that it is yet todeliver many benefits.• Marissa Johnpillai suggested including the discrimination and abuse experienced bythe elderly in consumer matters. Anna Mitchell suggested that consumer issues not beconfined only to the elderly.3.5 Violence within Families• Katherine Peet noted the failure to include work being done with men, by men in thisarea, and suggested it be highlighted as a unique approach in New Zealand.• Natalie suggested mentioning the upcoming referendum on section 59.3.6 Persons with Disabilities• Marissa Johnpillai suggested including the issue of access of children to schoolswhere special needs funding was required, in light of the complaint that is being takenup by the IHC.• Katherine Peet suggested mentioning the Disabled Persons Community Welfare Actprovision of 28 days care to help people stay in their homes.• Anna Mitchell commented that the section was very statistical, and about who didwhat, rather than what’s being done currently. But she felt this was acceptable in lightof the fact that implementing disabled person’s rights came under the Section FivePriorities.3.6.1 Mental Health• Ciaran Fox noted their concern over the reference to the Mental Health Commission as‘independent’, given that it reports directly to the Minister of Health. He alsocommented that there is no ‘independent’ body that monitors implementation of theMental Health Act.• Anna Mitchell disagreed with the description of mental health services as ‘becomingmore responsive’ in light of the drop in admission rates. This was not a factualstatement as there is no way of telling if the decrease is due to better treatment.• Ciaran Fox noted that this description glosses over the issues faced in this area giventhe continuation of practices such as seclusion and electro-convulsive therapy (ECT)and that these practices may be inconsistent with CAT.3.7 Ethnic Diversity and Tolerance• Katherine Peet asked whether there was any reference to the HRC Race RelationsCommissioner in the report? The Diversity Action Plan was raised as a success.• Adam Dubas explained that it was mentioned under 2.3 and best practices.• The NZHRC noted that its Race Relations statement was released today. Richard Kayundertook to update the section in light of the recent release, and would also include adescription of what most of the complaints came in for.3.7.1 Migrants3.7.2 Interfaith DialogueSection Four: Identification of Achievements, Best Practices, Challenges andConstraints27
Page 1 and 2: New Zealand’s NationalUniversal P
Page 3 and 4: 3. Violence and abuse, including ag
Page 5 and 6: • Child poverty, including challe
Page 7 and 8: 7New Zealand Human Rights Consultat
Page 9 and 10: • Decent work on the agenda.• W
Page 11 and 12: Meeting of civil society organisati
Page 13 and 14: implies. This is important given th
Page 15 and 16: 3.6 Disabilities• Susan Biggs: ne
Page 17 and 18: - Remove the final sentence of para
Page 19 and 20: • Rawiti Marsh questioned what wo
Page 21 and 22: • Dayle Takitimu pointed out that
Page 23 and 24: • Dayle Takitimu suggested explai
Page 25: 25• Natalie Baird commented that
Page 29 and 30: North Island Hui to receive feedbac
Page 31 and 32: Jason Pou suggested that a referenc
Page 33 and 34: 33Areta Koopu suggested that 3.4 (S

New Zealand's National Universal Periodic Review (UPR) Report ...

Create successful ePaper yourself

Delete template?

Save as template?