Tūi Tūi Tuituiā

Whakawhanaungatanga ā Iwi me te anga tika tangata ā taiao − Race relations and the international human rights framework

Aotearoa New Zealand has international obligations to promote human rights and eliminate racial discrimination. These include international treaties ratified by the Government and incorporated in international law. Aotearoa New Zealand must regularly report to the United Nations on the steps it is taking to meet its obligations. In 2013 there were opportunities to reflect on our country’s progress.

New Zealand’s progress on race relations assessed by CERD

The UN Committee on the Elimination of Racial Discrimination (CERD) regularly monitors how well countries are tackling racial discrimination and complying with international human rights treaties. In February 2013, it was Aotearoa New Zealand’s turn to receive a report on its progress.

CERD received information from the New Zealand Government and the Human Rights Commission as well as feedback from a range of NGOs and community organisations. It noted Aotearoa New Zealand’s efforts to promote non- discrimination, racial equality, cultural diversity and indigenous rights, cultural diversity and indigenous rights.

Here is a summary of CERD’s comments and recommendations³:

What Aotearoa New Zealand is doing well Aotearoa New Zealand is recognised as a multi-racial, multi-cultural nation that prides itself on the promotion of human rights and equal treatment for all citizens. Civil society is active in promoting cultural diversity and racial equality. There are many valuable programmes and strategies that raise awareness of racial discrimination, integration and tolerance. Several Government initiatives aim to promote more equal economic and social outcomes for all New Zealanders, including in health, education and criminal justice. Significant progress has been made in settling claims of historical breaches of the Treaty of Waitangi. The role of Race Relations Commissioner is visible, accessible and makes a valuable contribution to the elimination of racial discrimination. CERD criticised Government proposals to modify the role, and recommended that the role of Race Relations Commissioner be retained.

Where Aotearoa New Zealand can do better Adopt clear plans on how to monitor and combat racial discrimination and address the problem of incitement to racial hatred and violence on the internet. Full consultation with Māori communities around all decisions affecting them, including the place of the Treaty in New Zealand’s future constitutional arrangements. Ensure Māori rights to land and resources, as protected by the Treaty, including rights to freshwater and geothermal resources, as well as intellectual and cultural property rights such as language, cultural heritage and traditional medicine. Increase efforts to address inequalities in outcomes for Māori and Pacific peoples in the criminal justice system and in the fields of education, employment and health. Preserve te reo Māori; Pacific languages and community languages. Protect Asian migrants from discrimination, particularly in employment settings. Ensure the fair treatment of asylum seekers. Adopt a national action plan on human rights, including plans on how to combat racial discrimination.

Reference: Concluding observations of the Committee on the Elimination of Racial Discrimination: New Zealand (Geneva: Office of the High Commissioner for Human Rights, 2013) Available at: http://www2.ohchr.org/english/bodies/cerd/docs/co/CERD-C-NZL-CO-18-20_en.pdf

Action plan on human rights takes shape

Every four years, countries that belong to the United Nations are asked to declare what they are doing to improve human rights. This process is called the Universal Periodic Review (UPR). In 2013, it was Aotearoa New Zealand’s second opportunity to participate in the UPR process and have its human rights record assessed.

The United Nations Human Rights Council received submissions from the New Zealand Government, the New Zealand Human Rights Commission and from NGOs and civil society.⁴ The level of civil society participation in the review process was significantly greater than during New Zealand’s first UPR in 2009.

The Commission’s submission, informed by public consultation, made 20 recommendations. These included recommendations calling for policy and legislation to be informed by a human rights approach; the systematic collection of data relating to groups vulnerable to discrimination, inequalities in health, education and justice addressing reducing of child poverty, violence and inadequate housing.

The Commission also called for the Government to fully protect and promote indigenous rights in law, policy and practice, and to provide greater recognition of the Treaty in Aotearoa New Zealand’s constitutional arrangements.

In its report to the Universal Periodic Review, the New Zealand Government set out its key human rights priorities:

1. 
   Strengthen the partnership between Government and Māori by continuing to support Māori to realise their potential and continuing the momentum on achieving fair, just and durable settlements of historical claims under the Treaty of Waitangi.
   
2. 
   Improve the protection of children against abuse and neglect.
   
3. 
   Reduce violence within families and its impact on women and children.
   
4. 
   Continue the ongoing implementation of the Convention on the Rights of Persons with Disabilities (including adopting to the Optional Protocol and the New Zealand Disability Strategy).
   
5. 
   Advance the Constitutional Review process.
   
6. 
   Ensure any human rights impacts of the Canterbury Earthquakes are accounted for in the ongoing decisions around the rebuild.
   

The United Nations Human Rights Council reviewed the information it received, announcing its recommendations at a meeting in Geneva in January 2014. The Council praised Aotearoa New Zealand’s ongoing commitment to improving the realisation of rights for all people and said that there was much to learn from the New Zealand experience. It also made over 100 recommendations for Aotearoa New Zealand to act on.

The recommendations related to race relations, including putting clear measures in place to prevent racial discrimination and inequality of outcomes in health, education and criminal justice, as well as eliminating pay gaps across all groups and ethnicities.

There were strong calls for Aotearoa New Zealand to do more to advance the human rights of Māori and to implement the United Nations Declaration of the Rights of Indigenous Peoples (UNDRIP). Several countries also called for ongoing consultation over New Zealand’s future constitutional arrangements and the place of the Treaty, reinforcing the recommendations made by the Constitutional Review Panel in 2013.

The UPR recommendations also emphasised the need for Aotearoa New Zealand to take steps to address child poverty, prevent violence against women and children and to limit discrimination in the aftermath of the Canterbury earthquakes. Other recommendations included steps to strengthen the human rights of New Zealanders by adopting new national and international laws and protocols.

It is anticipated that the Government will respond to the United Nations Human Rights Council about the UPR recommendations in May 2014.

The Government has committed to work with the Commission, NGOs and civil society to develop Aotearoa New Zealand’s second National Plan of Action for the Promotion and Protection of Human Rights. The plan will be directly informed by the Universal Periodic Review process.

The Human Rights Commission will lead and coordinate the development of the plan. This will not be a plan for the Commission; instead it will be a plan for all of Aotearoa New Zealand containing actions that the Commission, Government, communities and wider society will take to improve the realisation of rights and freedoms for all people in our country.

You can find out more about the UPR and read the full list of recommendations at: www.hrc.co.nz/international-human-rights-new/upr-1314-nzs-second-universal-periodic-review.