17 Kitchener Road,
Sandringham,
Auckland 1025
22 May 2012
Kate Fox
Secretary of the Human Rights Committee
Human Rights Council and Treaty Bodies Division
Office of the High Commissioner for Human Rights
UNOG-OHCHR
CH-1211 Geneva 10
Switzerland
Email:
ICCPR LIST OF ISSUES SUBMISSION:
NEW ZEALAND- CHILD ADVOCACY
Introduction
The Human Rights Committee will draw up a List of Issues for New Zealand under the new List of Issues Prior to Reporting (LOIPR) procedure at the 105th session which will take place from 9 to 27 July 2012 in Geneva. This submission raises issues in respect of children’s wellbeing in the terms of ICCPR.
For the purpose of this submission reference to “children’ is defined as those under 18 years of age, as in Article 1 of the Convention on the Rights of the Child (UNCROC). According to the 2006 census there were 1.05 million children out of a population of 4.1million. CRC issued their latest Concluding Observations in February 2011 that cover issues raised in this submission.
Human Rights Treaties New Zealand
The Ministry of Justice has created a useful website that has comprehensive information on the seven core Human Rights Treaties and the Universal Periodic Review.
Article I Right to Self- Determination
The concern is that the children of Tokelau, who are citizens of New Zealand, have access to the same rights and safeguards as the children living in New Zealand. Little information is available to establish the wellbeing of such children as regards their health or education.
Article 2 Legislative matters and freedom from discrimination
Welfare Reform
Child Poverty Action Group have a policy platform that challenges the discrimination of children in the Government welfare programme. Their latest publication is “Evidence Based evaluation Working for Families”.
Human Rights in New Zealand 2010
The Human Rights Commission issued their review of the state of Human Rights. The rights of children that need further protection are identified in a number of texts. The Government has not made a formal response to the review.
Right to Nationality
The Citizenship Amendment Act has the effect of raising questions of the nationality of children born in New Zealand to a mother who is not a resident of New Zealand. No child born in New Zealand can be stateless. However there is a period where the nationality of the child is undecided. The position needs to be monitored as there are around 500 cases a year that need to be resolved and it may take more than three months to clarify nationality.
Article 3 Equal Rights for men and women
Young workers under 16 years of age have no minimum wage and that there is no minimum age for work (Reservation to Article 32 (2) of CRC)
Article 4 Derogation of rights in an emergency
Christchurch suffered deaths , injuries and extensive physical damage in the earthquakes in September and December 2010 and particularly that in February 2011 and continuing after shocks. The lives of hundreds of children have been disrupted. The Committee should seek clarification of the application of Article 4
Article 6 The Right to Life
Infant mortality rate for Maori and Pacific Island babies should be ascertained.
Article 7 Torture , Cruel or Degrading Treatment
Fifth periodic Report under Convention against Torture
The Committee issued its report CAT/C/NZL/CO/5 dated 14th May 2009 and paragraph 8 addressed Juvenile Justice in some detail.
The fourth Annual Report for the Optional Protocol to the Convention against Torture is available.
The Independent Police Conduct Authority (IPCA) established in December 2010 a Joint Thematic Review (JTR) on children and young persons in police custody. There has been concern for some time on children kept in police cells, but the Annual Report indicates a wide scope of investigations. The JTR report is not yet available.
Tasers
Tasers are now given to police and the Standard Operating Procedures do not have any direction of their use on children. The Committee Against Torture May 2009 report paragraph 16 came out strongly against the use of Tasers. The Government should consider relinquishing the Tasers but otherwise keep a strict control on their use and carry out research on their effectiveness and harmful consequences.
Article 8 Slavery and Trafficking
The New Zealand Network against People Trafficking has been established in April 2012. It is understood they will be making a submission.
Article 9 Right to Liberty
Anti- terrorism event- Operation 8
The Court case arising from this Operation has been completed. The incidental involvement of children during the raid has been indicated but the extent and implications are not yet in the public arena. A report is expected from IPCA.
Article 10 Treatment of Persons Deprived of their Liberty
In respect of age mixing of juveniles the Government should indicate their position to remove the Reservation to UNCROC (Art 37(c)
Article 14 Court Processes
The growth of criminal gangs in the last ten years and the extensive use of pure methamphetamine, known as “P” in society has a serious effect on public order and a flow on effect on children.
Article 16 Right to Recognition
In respect of Article 16 where everyone is to be recognised before the law, those under 16 are subject to a restriction under the Human Rights Act (section 30) in respect of no protection for minimum age/wage
Article 23 Giving our Children best start in Life
Family violence
The Government has a substantive programme to reduce family violence- “Its not OK”
Article 24 Protection of Children
Green paper on Vulnerable Children
The Government in July 2011 issued this paper that has generated 9,000 responses. A list of some of the submissions is attached as Appendix 1.
Five key issues identified are
a) the need for a National Plan for children with appropriate legislation
b) child poverty
c) child abuse
d) disparity of outcomes particularly for Maori and Pasifika children
e) information sharing and mandatory reporting options
The Government is due to issue a White Paper later in 2012.
Maori Affairs Select Committee- Inquiry into the Social Determinants of Wellbeing for Maori children
Arising from the concern on the wellbeing of Maori children the Parliamentary Select committee has initiated an enquiry. Public submissions closed in March 2012 and the website lists the submissions.
Experts group formed to find solutions to child poverty
The Children’s Commissioner set up a Working Group in April 2012.
Child Support Act 1961
The Committee should seek to establish how much is owing both in New Zealand and Australia over 3 months. It should also ask if steps are being taken to extend the Reciprocal Agreements with other countries, especially China, Hong Kong and the Pacific Islands.
Age of Criminal Responsibility
The Children and Young Persons and their Families (No 6) Bill to increase the protection of 17 years olds remains in political limbo. The CYPF (Youth Court Jurisdiction and Orders) Act has reduced the age of criminal responsibility for 12 and 13 year olds for serious crimes.
Reservations to UNCROC
The General Reservation (undocumented children), and those to Article 32.2 (minimum age for work) and 37 (c) (age mixing in prisons) remain in place since the original ratification in 1993.
There has been some attempt to clarify the obligations of ILO 138 in respect of “Light Work”, but there has been no progress for seven years.
Optional Protocol to CRC: Sale of Children
The Government ratified this Optional Protocol in 2011
Article 25 Public Affairs
Role of Local Authorities and Human Rights Treaties.
The Government reports to the UN Human Rights Treaty Committees have been silent on the practical application of such Treaties in regards to Local Authorities. “Human Rights in New Zealand 2010” makes a passing reference on page 7 but does not explore the issues. A letter from Hon M McCully, Minister of Foreign Affairs to the author dated 9 December 2011 confirms that local government needs to comply. It is not clear that Local Government, District Health Boards and the Trustees of School Boards share that view. It would be helpful if the Committee could make a clear statement.
RECOMMENDATIONS
It is recommended that the Committee ask the Government for information:
a) on the protection of rights for Tokelauan children
b) arising from welfare reform
c) concerning the process for Citizenship of babies born to mothers who are not entitled to New Zealand residency
d) arising from the Christchurch earthquakes
e) arising from The Independent Police Conduct Authority (IPCA) Joint Thematic Review (JTR)
f) concerning the outcome of use of Tasers on children
g) that indicates whether Operation 8 harmed the wellbeing of local children
h) the serious effect of criminal gangs
i) on the outcomes for the Green Paper on Vulnerable children, the Maori Affairs Select Committee enquiry on children and the Children’s Commissioner review of child poverty
j) concerning the progressive removal of Reservations to UNCROC
k) on how Local Authorities understand their obligations to Human Rights Treaties.
AUTHORS NOTE
I am a layman interested in UNCROC and the implications for other Human Rights Treaties and have been involved in child advocacy on a voluntary basis for 8 years.
Peter Shuttleworth
REFERENCES
Committee on the Rights of the Child: Concluding Observations, February 2011
http://www.occ.org.nz/__data/assets/pdf_file/0013/8014/UN_recs_periodic_report_07.01.2011.pdf
Ministry of Justice Human Rights Website
http://www.justice.govt.nz/policy/constitutional-law-and-human-rights/human-rights
Evidence Based Evaluation - Working for Families”.
http://ips.ac.nz/publications/files/85630ff0208.pdf
Human Rights commission
Summary Report Human Rights in New Zealand 2010
http://www.hrc.co.nz/human-rights-environment/human-rights-in-new-zealand-2010/
Human Rights Commission
Optional Protocol to the Convention against torture: Annual Reports
http://www.hrc.co.nz/human-rights-environment/monitoring-places-of-detention
Christchurch Earthquake February 2011
http://en.wikipedia.org/wiki/2011_Christchurch_earthquake
Green Paper for Vulnerable Children
http://www.childrensactionplan.govt.nz/
Inquiry into the Social Determinants of Wellbeing Maori Select Committee
http://www.parliament.nz/en-NZ/PB/SC/BusSum/9/d/f/00DBSCH_INQ_11080_1-Inquiry-into-the-determinants-of-wellbeing-for.htm
Submissions
http://www.parliament.nz/en-NZ/PB/SC/Documents/Evidence/Default.htm?p=7&search=-1299163794
Children’s Commissioner.
Experts group formed to find solutions to child poverty
http://www.occ.org.nz/__data/assets/pdf_file/0018/9432/Media_statement_19_March_FINAL2.pdf
Family violence
http://www.areyouok.org.nz/family_violence.php
Court Processes Gangs
Ministry of Justice
http://www.justice.govt.nz/search?SearchableText=gangs
Youth Gangs
http://www.msd.govt.nz/about-msd-and-our-work/work-programmes/initiatives/youth-gangs/index.html
Gangs background in New Zealand
http://en.wikipedia.org/wiki/Gangs_in_New_Zealand
Methamphetamine
http://www.police.govt.nz/safety/meth.html
Operation 8
Anti terrorism raid in local rural community
https://www.police.govt.nz/news/release/29314.html
https://www.police.govt.nz/news/release/26143.html
APPENDIX 1
Responses to Green Paper for Vulnerable children
Purpose
This Appendix lists a selection of website responses to the Green Paper for Vulnerable Children primarily from child advocates.
ACYA
http://www.acya.org.nz/site_resources/library/Documents/Submissions/ACYA_Submission_Green_Paper_on_Vulnerable_Children_2012.doc
BARNARDOS
http://www.barnardos.org.nz/About/Overview/Media-releases.htm
CHILD POVERTY ACTION GROUP
http://www.cpag.org.nz/assets/Submissions/CPAG%20GPVC%20Submission.pdf
CHILDREN’S COMMISSIONER
http://www.occ.org.nz/__data/assets/pdf_file/0004/9364/FINAL_Green_Paper_Childrens_Commissioners_submission_Feb_2012.pdf
EVERY CHILD COUNTS
http://www.everychildcounts.org.nz/_w/wp-content/uploads/2012/03/ECC-GP-submission-Feb-2012.pdf
FAMILIES COMMISSION
http://www.nzfamilies.org.nz/sites/default/files/downloads/submission-green-paper-for-vulnerable-children.pdf
HUMAN RIGHTS COMMISSION
http://www.hrc.co.nz/2012/children-consulted-for-submission-on-green-paper-for-vulnerable-children
IHC
http://www.ihc.org.nz/campaigns/submissions-to-government/
JIGSAW
http://www.jigsaw.org.nz/Site/News_and_Views/Jigsaw_Submission_on_Green_Paper_.aspx
KIM WORKMAN
http://www.rethinking.org.nz/Default.aspx?page=3427
NZCCSS
http://www.nzccss.org.nz/uploads/publications/Green%20paper%20submission%20NZCCSS.pdf
PAEDIATRIC SOCIETY
http://www.paediatrics.org.nz/index.asp?pageID=2145864761
PLUNKET
http://plunket.org.nz/what-we-do/advocating-for-the-best-start/submissions-and-upcoming-opportunities/plunket-s-submission-on-the-green-paper-for-vulnerable-children/
SAVE THE CHILDREN NZ
http://www.savethechildren.org.nz/news/newsroom/february-2012/23-02-12
SSPA
http://sspa.org.nz/images/stories/SSPAGPSub.pdf
UNICEF NZ
http://www.unicef.org.nz/greenpapersubmission
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