Comments of the New Zealand Human Rights Commission on New Zealand S Implementation Of

COMMENTS OF THE NEW ZEALAND HUMAN RIGHTS COMMISSION ON NEW ZEALAND’S IMPLEMENTATION OF THE INTERNATIONAL COVENANT ON ECONOMIC SOCIAL AND CULTURAL RIGHTS

INTRODUCTION

1.1The New Zealand Human Rights Commission (the Commission) welcomes the opportunity to provide information to assist the Committee on Economic, Social and Cultural Rights (the Committee) at its pre-sessional working group from 23 -27 May 2011.

1.2The Commission derives its statutory mandate from the Human Rights Act 1993 (HRA). The long title to the HRA states that the Commission’s role is to provide better protection of human rights in New Zealand in general accordance with the United Nations Covenants or Conventions on Human Rights. The Commission has “A” status accreditation from the International Co-ordinating Committee of National Human Rights Institutions for the Promotion and Protection of Human Rights (ICC).

1.3In 2010 the Commission reviewed New Zealand’s human rights performance, mapping how well human rights are promoted, protected and implemented in New Zealand. Human Rights in New Zealand 2010 provides the evidential analysis that will guide the Commission’s work and assist the Government and civil society to identify and take action on key human rights priorities over the next five years.[1]

1.4The review found that New Zealand met international human rights standards in many respects and had most of the elements for the effective protection, promotion and fulfillment of human rights.

1.5While the report highlights steady improvements since 2004 it also reveals the fragility of some gains and areas where there has been deterioration. Amongst the most pressing issues, it identifies poverty, entrenched inequalities and structural discrimination that continue to severely limit the ability of significant numbers of young people to develop and achieve their full potential, particularly those of Maori, Pacific heritage and people who are disabled. The Commission’s report identifies incremental, but insufficient progress. It notes that in some cases progress has halted or even reversed as a consequence of the global economic recession.

1.6This paper sets out for the Committee the key priority areas for action as identified by the Commission. The priority areas are essential to strengthen human rights protections and better ensure the dignity, equality and security of everyone in New Zealand.

SUMMARY OF ACHIEVEMENTS AND CHALLENGES

2.1In 2003 the Committee in its concluding observations relating to New Zealand’s second periodic report expressed concern inter alia in the following areas:

New Zealand’s view that economic, social and cultural rights are not justiciable;
high unemployment rates;
lack of ratification of a number of International Labour Organisation(ILO) conventions relating to labour and social security rights;
inequality between men and women with regard to employment conditions;
domestic violence;
poverty; and
inequality between Māori and non-Māori in access to education.

2.2Although there have been some significant achievements[2] since 2003, the matters identified by the Committee remain enduring challenges for New Zealand. In all but one case there has been some progress and some regression. In relation to the two core ILO conventions that New Zealand has not signed no progress has been made by the New Zealand Government towards ratification.

2.3The Commission has identified the following criticalchallenges for New Zealand at the present time:

entrenched inequalities and structural discrimination;
the under-representation of women in decision making positions and the gender pay gap;
high levels of youth unemployment;
family violence;
poverty;
housing affordability;
adequacy of benefits;
the cost of education;
bullying and harassment in schools and early childhood centres; and
the promotion and protection of New Zealand Sign Language, Māori, Pacific and community languages.

2.4The recent earthquake in Christchurch has also highlighted some concerns about the realisation of economic, social and cultural rights in an emergency situation.

NON DISCRIMINATION AND EQUALITY – ARTICLE 2

3.1Entrenched inequalities and discrimination continue to severely limit the enjoyment of economic, social and cultural rights, particularly for Māori, Pacific, disabled people and those of other minority groups.

3.2There has been progress in recent years in reducing disparities in areas such as employment, life expectancy, income and educational achievement, but there is still a long way to go and gains may be fragile in the face of changing economic conditions.

3.3A range of reports and the Commission’s own complaints data confirms that systemic inequalities remain in a number of areas including[3]:

Health – although health outcomes generally have improved in recent years, inequalities still persist, particularly for people with disabilities, those on low incomes, Māori and Pacific people and other minority sections of the population.Māori continue to have lower health outcomes than other groups.
Unemployment – the rate of unemployment is significantly higher for young people, Māori, Pacific peoples and other ethnic groups.
Housing – housing affordability is particularly difficult for Pacific peoples, other ethnic groups and those on low incomes. Household over-crowding is disproportionately experienced by Māori and Pacific peoples.
Employment – employment and promotion continue to be one of the major issues for migrants and refugees, as do equal employment opportunities for Māori and Pacific peoples across the full range of occupations. Disabled people are among the most disadvantaged groups in the current New Zealand labour force and have suffered in the global recession.[4]
Education outcomes – successful participation and achievement rates continue to be disproportionately low for some groups, including Māori, Pacific, male and disabled children.
Social Security – certain groups, including disabled people and solo parents face increasing difficulties in accessing benefits and other government support. Recent legislative proposals risk compounding the disadvantage suffered by these groups.[5]

Recommended question

A How does the Government propose to significantly reduce entrenched inequalities over the next reporting period?

THE RIGHT TO WORK (ARTICLES 3 AND 6-8)

Gender equality

4.1The Commission’sbiennial Census[6] shows that representation of women at governance level in government appointed statutory bodies is 41.5% per cent, down from 42 per cent. This slight dip in the percentage of women appointed to State Sector Boards and Committees is of concern given that female representation in ministerial appointments had previously been incrementally improving.Over the last five years the proportion of women senior managers in the public sector has increased slightly from a low of 35.6 per cent in 2005 to a high of 38.4 per cent in 2008.

4.2The relatively high level for womens’ representation in the public sector is in stark contrast to the very low representation of women on boards and in senior management positions in the corporate sector.[7]

Recommended question

How does the Government propose to increase the representation of women in political and public life, the judiciary and in senior positions in the public and private sector?

Pay Equity

4.3Since 2003 there has been a significant change in the government’s machinery to advance pay and employment equity. However, the gender pay gap has persisted at around 11 -13 per cent over the past decade. Pay and employment equity reviews in the public sector found gender pay gaps in full-time equivalent (FTE) median annual salaries that ranged from three to 35 per cent.

Recommended question

What active steps does the Government propose taking to achieve pay and employment equity in the public sector and when will this be achieved?

Youth unemployment

4.4Youth employment remains a major issue in New Zealand. The unemployment rate for youth was 17.6 per cent for the year to June 2010, well above the overall annual average rate of 6.64 per cent.Māori and Pacific youth unemployment figures are among the highest of any group in New Zealand, standing at 27.4 and 27.2 per cent respectively for the quarter to December 2010.

4.5Like their non-disabled counterparts, disabled people are most likely to be unemployedat the younger working ages. Fourteen percent of disabled women and nine percent ofdisabled men aged 15–44 were unemployed and seeking work in 2006. These rateswere approximately double those of non-disabled people.

Recommended question

In addition to the various youth-to-work initiatives, what steps will the Government take to address the enduring systemic disadvantage experienced by Māori, Pacific and disabled youth in the New Zealand labour market?

Paid Parental leave

1.1Paid parental leave (PPL) is a government funded entitlement for a maximum of 14 weeks paid to eligible working mothers and adoptive parents when they take parental leave from their jobs to care for their newborn or adopted child under the age of six.

1.2 However, casual and seasonal workers are not covered and nor are people with more than one job because they do not have the required continuous workplace attachment through employment by the same employer.[8] This means many low income workers miss out. In addition, while mothers can transfer all or part of their 14 weeks to their partners, men do not have primary entitlement.

Recommended question

When will the Government extend PPL entitlements to casual and seasonal workers, and men?

FAMILY VIOLENCE – ARTICLE 10

2.1The level of family violence in New Zealand remains high.[9]There is a continued prevalence of violence against women, particularly Māori, Pacific, disabled and minority women, and there are low rates of prosecution and convictions for crimes of violence against women.

2.2Despite an evident commitment from the Government to take the necessary actions to make New Zealand safer for women and children,progress has been limited.[10]This is due in part to a lack of adequate and sustainable funding for services.[11]

Recommended question

What sustainable measures will the Government take to significantly reduce the level of family violence in New Zealand over the next reporting period?

CHILD POVERTY– ARTICLE 11

3.1The number of children living in poverty has increased exponentially since the early 1990s as a result of economic policies that impact adversely on children.Today 22 per cent of New Zealand children live in poverty.[12]

3.2Recent policy initiatives show it is possible to reduce child poverty rates substantially over relatively short periods.Without the Working for Families package, for example, child poverty rates would have risen from 26 per cent to around 30 per cent between 2004 and 2008. Instead, they fell to 22 per cent.

3.3However, New Zealand’s child poverty rates remain above average for the OECD. In 2009, the OECD’s first ever report on outcomes for children concluded that “New Zealand needs to take a stronger policy position on child poverty and child health, especially during the early years when it is easier to make a long-term difference.[13] It also identified New Zealand Government spending on children as being considerably below the OECD average, particularly for young children (where New Zealand spends less than half the OECD average).[14]

Recommended question

What steps is the Government taking to ensure that the people affected by the Christchurch earthquake have adequate housing? When will this be achieved?

Affordability

4.2In New Zealand, the inability to obtain decent, affordable housing is one of the most significant barriers to an adequate standard of living. In 2009 27 per cent of households spent more than 30 per cent of their income on housing costs.

4.3Unaffordable housing is even more pronounced for low-income households, Pacific and disabled people.

Recommended question

JHow does the Government propose to address housing affordability?

8.RIGHT TO SOCIAL SECURITY – ARTICLE 11

8.1New Zealand has a welfare system that covers all social risks and contingencies identified in the relevant international covenants and conventions. However, the right to social security is compromised if core benefit levels do not enable people to feed and house themselves and their families. Civil society groups play a significant role in mitigating the effects of inadequate income, particularly through food banks. However, they lack the resources or tools to deal with systemic inequalities, nor is it their prime responsibility.

Recommended question

LWhat is the Government doing to reduce formal and informal costs and ensure that primary and secondary education is available free to all? When will this be achieved?

Bullying

9.3Children and young people still experience bullying and harassment at early childhood centres and schools. New Zealand has high levels of student-to-student and student-to-teacher physical and emotional bullying in schools in comparison to other countries. Particularly vulnerable groups include disabled children and young people; ethnic minorities; and same-sex attracted, trans and intersex children and young people.

Recommended question

MWhat steps will the Government take to effectively address bullying and harassment in schools and early childhood centres? Over what time period will these steps be implemented?

10CULTURAL RIGHTS – ARTICLE 15

Languages

10.1Since 2005 a range of initiatives have been implemented in order to further the goal of establishing New Zealand as a bilingual nation by 2040, and supporting other languages in the community. In addition to new curriculum requirements to learn a second language, these include the development of new strategies, resources and media, and the establishment and increasing profile of awareness-raising language weeks.

10.2However, resourcing remains a challenge, particularly in the provision of qualified teachers with high degrees of fluency in te reo Māori. The timely provision of information – particularly relating to health and Government – in a range of community languages is similarly challenging.

10.3The New Zealand Sign Language Act 2006 establishes New Zealand Sign Language (NZSL) as an official language of New Zealand and the Government has provided some support for the development of NZSL. However, recently here have been more cuts than initiatives. Deaf people continue to suffer inequalities and discrimination through the continued lack of access to NZSL in core areas of community life.

Recommended question

NWhat measuresis the Government taking to protectand promote NZSL,Māori, Pacific and community languages?

11CHRISTCHURCH EARTHQUAKE

11.1On 22 February 2011 the city of Christchurch was struck by a devastating earthquake which resulted in the loss of life and destruction of homes, businesses and the city’s infrastructure. A state of emergency was declared and the Government responded immediately. In the days following the earthquake the Government progressively announced various assistance packages for those affected by the earthquake.

11.2The response to the earthquake has highlighted a number of issues including

participation in decision making;
allocation of resources;
housing; and
the right to water and sanitation in emergency situations.

11.3Anecdotal evidence has suggested that to-date assistance has been prioritised to particular areas and that in a number of cases this has not included targeting assistance to those who are most vulnerable.