UN committees release documents on NZ's performance on human rights
Mon 11 Apr 2016
Two United Nations committees which monitor human rights have recently released documents related to New Zealand’s performance on key issues, ...
Two United Nations committees which monitor human rights have recently released documents related to New Zealand’s performance on key issues, including domestic and gender-based violence and child abuse.
These relate to the International Covenant on Civil and Political Rights (the UN's concluding observations have been released) and the International Covenant on Economic, Social and Cultural Rights (NGO submissions are open).
International Covenant on Civil and Political Rights (ICCPR)
The UN Human Rights Committee monitors government compliance with the International Covenant on Civil and Political Rights (ICCPR). The Committee has released concluding observations from the recent review of NZ's performance on the ICCPR. The observations from this review include commentary on domestic violence and child abuse, as well as several other related areas.
The UN Human Rights Committee considered a number of reports and discussions to form their conclusions. This includes New Zealand’s sixth periodic report under the International Covenant on Civil and Political Rights, dialogues with a government delegation led by Justice Minister Amy Adams, and reports from a number of submissions. The UN Human Rights Office of the High Commissioner released the advanced unedited version of the committee's Concluding Observations on New Zealand (CCPR/C/NZL/CO/6) on 31 March 2016. The following are abstracted from Section C:
"Domestic and Gender-Based Violence
29. While welcoming the establishment in 2014 of the Ministerial Group on Family Violence and Sexual Violence, and the implementation of community-based anti-domestic violence campaigns, the Committee remains concerned about the high prevalence of domestic violence, in particular violence against women and girls, which includes sexual violence, and especially against Māori and Pasifika women and girls, as well as women and girls with disabilities. The Committee is also concerned about: (a) the low rates of reporting and prosecution of cases of sexual violence; and (b) the absence of information on victims’ rehabilitation and redress programmes. Finally, the Committee takes note of the Family Court reforms introduced by the State party in 2014, but it is concerned about reported instances of women being forced to attend family dispute resolution courses with their abusers (arts. 3 and 7).
30. The State party should strengthen efforts to combat domestic and gender-based violence in all forms, including sexual violence, particularly in relation to Māori and Pasifika women and girls, as well as women and girls with disabilities. In particular, the State party should ensure that:
(a) Its criminal legislation in relation to domestic and gender-based violence, including sexual violence, is effectively enforced across its territory;
(b) Programmes combating domestic and gender-based violence, including sexual violence, are incorporated into the National Action Plan on Human Rights;
(c) Effective monitoring and evaluation processes with clearly defined indicators and systematic data collection are put in place to assess the extent of the problem of domestic and gender-based violence and inform future legislative and policy initiatives;
(d) Programmes of victims’ rehabilitation and redress are developed and implemented across its territory, involving the provision of specialized medical, psycho-social and legal assistance;
(e) The existing family dispute settlement framework is effectively implemented and monitored, particularly for the protection of those experiencing domestic violence, especially women and children.
Child Abuse
31. While welcoming the State party’s efforts to address child abuse, which disproportionately affects vulnerable children, the Committee is concerned about the significant number of children who suffer physical and psychological abuse and neglect, and regrets the absence of information regarding programmes of rehabilitation, reintegration and redress of child victims, in particular of Māori and Pasifika child victims. The Committee is also concerned about the filing of the Roast Busters case (arts. 7 and 24).
32. The State party should:
(a) Strengthen its efforts to combat child abuse in all settings, including through the development and implementation of multi-stakeholder, child-friendly early detection and reporting mechanisms and through the effective investigation of cases and accountability of perpetrators;
(b) Provide detailed information, in its next periodic report, on the outcomes of the Children’s Action Plan and the review of Child, Youth and Family (CYF) agency, as well as on the measures taken in order to increase the efficiency and quality in the provided child and youth protection and rehabilitation services;
(c) Ensure that all appropriate measures are taken, including awareness-raising programmes at school level, to prevent the recurrence of events depicted in the Roast Busters case."
International Covenant on Economic, Social and Cultural Rights (ICESCR)
The UN Committee on Economic, Social and Cultural Rights monitors compliance with the International Covenant on Economic, Social and Cultural Rights (ICESCR). This review for NZ will take place in 2017. Prior to the review, the Committee requests a report from the NZ government based on a list of issues. That list has been released and is also open for non-government submissions.
In preparation for the next reporting round regarding NZ's performance on the ICESCR, the Committee released the advanced unedited version of the List of issues prior to submission of the fourth periodic report of New Zealand (E/C.12/NZL/QPR/4). This document lists the issues which the committee would like the government to report on. The report is due to the Committee by May 2017. The Committee also welcomes reports from NGOs - see the NZ Human Rights Commission for information on making a submission. Under Section I, of the list, the following is identified:
"4. Please provide an assessment of how measures to combat different types of violence for groups such as women and girls, persons with disabilities, children and transgender persons have been effective."
Both documents also raise concerns around other key issues, including gender equality and the rights of Māori and Pasifika.
Background information
The NZ Human Rights Commission published news stories in the lead up to the UN Committee's review on the International Covenant on Civil and Political Rights (ICCPR):
HRC to report to the UN on New Zealand's compliance with the ICCPR, 12.03.2016
New Zealand’s human rights record faces review by UN Committee, 09.03.2016
Violence against women and children a major problem for NZ, 03.03.2016
Other recent UN activity
The sixtieth session of the Commission on the Status of Women took place at the United Nations Headquarters in New York from 14 to 24 March 2016. The “review theme” for the session was the elimination and prevention of all forms of violence against women and girls (VAWG). The official documents from the session include a number of documents relevant to VAWG and gender equality, including a report evaluating progress in the implementation of the agreed conclusions from the fifty-seventh session of CSW which focused on VAWG.
Media
UN Committees assess New Zealand's human rights performance, , 01.04.2016
Keynote address to UN Human Rights Council, Speech: Justice Minister Amy Adams, 15.03.2016
Iwi leaders join UN scrutiny of Treaty, indigenous rights, Asia Pacific Report, 14.03.2016
Adams to address Human Rights Council in Geneva, Press Release: NZ Government, 12.03.2016
UN Human Rights Committee examines NZ's performance, , Scoop, 11.03.2016
NZ's human rights record faces review by UN Committee, , Scoop, 09.03.2016
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