ACKNOWLEDGING NEW ZEALAND’S IMPRESSIVE LEGISLATION, ADVANCEMENT OF WOMEN IN POSITIONS OF POWER, ANTI-DISCRIMINATION COMMITTEE CAUTIONS AGAINST COMPLACENCY

Committee on Elimination of
Discrimination against Women
14 July 2003
624th & 625th Meetings (AM & PM)





With impressive legislation for the advancement of women and women filling New Zealand’s four most powerful positions, including that of the Prime Minister, expert members of the Committee on the Elimination of Discrimination against Women cautioned against complacency in a seemingly ideal situation, as they took up the situation in that country during two meetings today.

The Committee’s 23 members, who serve in their personal capacity, were considering New Zealand’s fifth period report on compliance with the provisions of the Convention on the Elimination of All Forms of Discrimination against Women as it continued its twenty-ninth session today. The country ratified the Convention in 1985.

As the Committee undertook an article-by-article consideration of New Zealand’s compliance with the Convention, speakers pointed out that, while women were well represented in the upper levels of political decision-making, serving as Governor-General, Prime Minister, Attorney General and Chief Justice, they were not as well represented in the private sector or in political parties. Also, many of the country’s younger women tended to take the current situation for granted, while it was important to continue efforts to advance gender equality in New Zealand.

“New Zealand had a good chance of becoming a good practice example to many countries of the world through ensuring respect for the cultural traditions and development of indigenous communities at the same time”, the Committee Chairperson and expert from Turkey, Ayse Feride Acar, said. Measures had been put in place to ensure a gender analysis of New Zealand’s policies, and the country had adopted a very sensitive approach to women’s human’s rights. While she was also impressed with exceptional presence of women in constitutional and political offices, as the first country to grant women the right to vote, that was to be expected. It was important, however, to make sure that the current thrust was sustained and that there was no slip-back in the future.

Among the areas still requiring attention, members of the Committee singled out remaining gender stereotypes; the situation of migrant and indigenous women, in particular, Maori and Pacific women; the financial repercussions of wage gaps between men and women; and high suicide rates among young women.

Several experts expressed concern over newly adopted legislation that decriminalized prostitution in New Zealand. Regardless of whether prostitution was a matter of free choice, it was oppressive and humiliating, for it was about men paying money to treat women as less than human beings, one expert noted. By legalizing prostitution, the Government had, in effect, reinforced negative stereotypes and encouraged inappropriate behaviour towards women. In that regard, she encouraged the Government to reconsider its steps to legalize prostitution.

Experts agreed that New Zealand should take more concrete steps to overcome traditional sex roles and gender-based stereotypes. Such measures needed to be widespread and unswerving, not sporadic and inconsistent. Experts were particularly concerned regarding the persistence of the situation of women in New Zealand’s territories, including the Non-Self-Governing Territory of Tokelau. One expert noted that there was nothing in the Territory’s laws sanctioning discrimination against women. Tokelau’s culture clearly delineated between men and women’s roles, and she wondered if the Government had a role in encouraging gender equality in Tokelau.

Reporting to the Committee on behalf of the women of Tokelau, New Zealand’s representative said the status of Tokelau women, both as individuals and collectively, had progressed with time. Increasing numbers of Tokelau women were pursuing higher education and careers, including those in public service and the political arena. At the national level, the General Fono, the highest policy-making institution in Tokelau, had women representatives. The support of village elders and political leaders for the changing role of women had paved the way for the women of Tokelau to rise to the challenges of today’s world.

Responding to expert’s comments, New Zealand’s Minister of Women’s Affairs, Ruth Dyson, said the significant progress achieved in New Zealand had created “a sort of a double-edged sword”. The younger generation had been quite complacent about the situation of women and did not understand why it was important to continue work to promote gender equality. At the current juncture, it was very appropriate to review the status of women in the country and clarify the goals sought in the future.

Regarding the situation of the Maori people, she said that Maori students were increasingly taking part in higher education, and efforts were being made to improve the employment situation of Maori women. The Government had support from the Maori Women Development Fund, which had been established in 1997, to ensure small business loans.

The Committee will meet again tomorrow, 15 July, at 10 a.m. to consider the situation of women in Morocco.


Background

The Committee on the Elimination of Discrimination against Women had before it New Zealand’s fifth periodic report (document CEDAW/C/NZL/5), which summarizes the country’s activities for the advancement of women in the period between 1998 and 2002, and responds to the experts’ observations expressed during their consideration of New Zealand’s third and fourth periodic reports in 1998.

The Government reports significant advances in legislative reform, policy development and delivery of services and programmes. Landmark achievements include a paid parental leave scheme, integration of gender issues in papers submitted to the Cabinet, and introduction of a national family violence-prevention strategy. The country’s legislative changes include a human rights amendment act of 2001, an Employment Relations Act of 2000, and an amendment of the Matrimonial Property Act.

Among the country’s main achievements, the document lists continuing improvement in the situation of girls and women in the education system; increased participation of women in industry training; continuing rise in the number of women employed in professional and managerial occupations; decrease in the women’s unemployment rate; and introduction of a more community-oriented health service model. Efforts have been made to increase women’s awareness of and participation in the reporting process of the Convention on the Elimination of All Forms of Discrimination against Women. A new section of the report, “Women’s Views”, reflects key themes and issues raised in public consultations.

The report recalls that, in 1998, the Committee recommended that the status and decision-making capacity of the Ministry of Women’s Affairs should be upgraded. In response, the Government reiterates its commitment to preserving the Ministry’s advisory and coordinating role as a “full Government department ... with a Chief Executive and a Minister who sits on the Cabinet”. The Ministry has an annual budget of some $4.3 million.

As for New Zealand’s reservations to the Convention, the report states that the country is now considering whether they can be lifted. Currently, New Zealand retains its reservations relating to women in combat and maternity leave with pay. However, provision for paid parental leave was introduced in July 2002, and efforts have been made to increase career opportunities for women in armed forces. Women are now eligible for recruitment, selection, training and employment in all military trades and can now be deployed in combat or other operational units.

In order to address the gender wage differential, the Government has increased statutory minimum wage rates, extended adult rates and increased the youth rate. The Ministry of Women’s Affairs is also undertaking a Pay Equity project in consultation with the Department of Labour. The Employment Relations Authority also aims to give women and other vulnerable groups an effective voice in the negotiation of pay rates.

Responding to the Committee’s concern about the situation of indigenous women, including the Maori, the Government refers to its “reducing inequalities” approach. The functions of the Ministry of Maori Development Te Puni Kokiri (TPK) include monitoring and auditing of programmes, developing information on the situation on the ground, and working with central agencies to improve the situation. The Government is trying to improve cross-sectoral coordination of health, education, employment and housing policies, and build capacities to improve the situation of individual communities. The Government is also continuing its efforts to fully implement the Treaty of Waitangi, which was signed in 1840 between the British Crown and the people of Maori, establishing a legal basis for the settlement of New Zealand.


Introduction of Report

Presenting New Zealand’s report, RUTH DYSON, Minister of Women’s Affairs, said that, subject to the completion of the international treaty examination by the Foreign Affairs, Defence and Trade parliamentary committee, the Cabinet had authorized the removal of New Zealand’s reservation to article 11 on the provision of paid parental leave. That followed the introduction of a government-funded paid parental leave scheme where eligible women or their eligible partners, including same-sex partners, were entitled to 12 weeks of paid parental leave. To be eligible, women or their partners must have worked for at least one year, for at least 10 hours per week, for the same employer. The payment fully replaced existing earnings up to a maximum of $325 gross per week, or some 70 per cent of the average female wage. That amount had increased to $334.75 per week from
1 July 2003 to reflect any increase in average weekly earnings.

She said a review of the scheme, now under way, would look at proposals to expand the scheme as resources permitted. Priorities would include extending coverage to those with more than one employer in the previous year, and the self-employed, as well as extending the leave period. New Zealand would consider lifting its reservation regarding women in armed combat in 2005, when new equipment to remove strength barriers to women’s participation in the New Zealand Army would be in place.

Since the election of New Zealand’s Government in 1999, there had been an emphasis on halting the privatization of publicly funded social and health services. The Employment Relations Act 2000 had replaced the 1991 Employment Contracts Act as the legislative framework for employment relationships. It recognized inequality between employers and employees, and promoted collective bargaining while protecting the integrity of individual choice. Although the review had not explicitly focused on issues that affected only women, it had focused on a number of issues relevant to women, including whether the Act’s provisions to encourage collective bargaining were adequate.

Regarding Maori women, she said the Government was taking a “whole of government” approach, called “Reducing Inequalities”, to monitor and set directions in social and economic policies to better respond to the needs of Maori and Pacific communities. The functions of the Ministry of Maori Development were broadened in 2000 to include effectiveness auditing. Among its functions, the Ministry monitored the effectiveness of programmes and services across the State sector to improve outcomes for Maori. Government departments and agencies were also expected to evaluate their own programmes in terms of their effectiveness for Maori women.

The Government also continued to implement the Treaty of Waitangi, she said. The first of six key government goals guiding public sector policy and performance was to “strengthen national identity and uphold the principles of the Treaty of Waitangi”. Another goal referred to reducing inequalities in health, education, employment and housing. The 2003 budget allocated some $6.5 million over three years for a public information programme on the Treaty, to assist Pakeha and Maori in arriving at a better understanding of the Treaty.

Continuing, she said the sovereignty of Parliament was fundamental to New Zealand’s Constitution. While the Human Rights Act and New Zealand Bill of Rights Act did not have “supreme” status, in the sense that courts were unable to strike down other inconsistent legislation, the courts had indicated on a number of occasions that those Acts were to be given special status. New Zealand courts had taken international human rights treaties, including the Convention, into account when determining cases, especially in the context of judicial review cases involving the exercise of statutory discretions.

The 1993 Human Rights Act, she said, had been amended in December 2001 to promote further development of a robust human rights culture. All government legislation, policies and activities were now subject to the non-discrimination standard in the Act. The Government was more accountable for anti-discrimination measures than during the previous reporting period. The Human Rights Commission was developing an Action Plan for Human Rights, which would promote a wide range of human rights, including civil, political, economic and cultural rights.

Since 2002, the Government had required all papers going before its Cabinet Social Development Committee to include gender implications statements, supported by gender analysis, she said. The Ministry of Women’s Affairs was currently preparing a “Women’s Action Plan”. The Action Plan would provide a blueprint of the status of New Zealand women and how Government would contribute to achieving their aspirations. It had been prepared in partnership with the National Council of Women, the Maori Women’s Welfare League and Pacifica, and through consultation with New Zealand women. The Government was expected to approve the Action Plan before the end of 2003.

One of the most significant developments was the establishment of a dedicated Equal Employment Opportunities Commissioner within the Human Rights Commission, she said. Also, in 2002, the Government had almost doubled the budget of the Joint Equal Employment Opportunities Trust. The Government was committed to providing leadership through incentives and targets to deliver equality.

On sex roles and stereotyping, she said the Select Committee inquiry into the Films, Videos and Publications Classification Act concluded in March this year. The Government had announced that penalties for offences involving objectionable material would increase. The increased penalties would bring New Zealand into line with the United Kingdom, Canada and some Australian States. The Prostitution Reform Bill had passed its final vote on 25 June 2003. The new Act decriminalized prostitution and aimed to safeguard the human rights of women in prostitution and protect them from exploitation.

Women held the four constitutional positions in New Zealand, namely, the Governor-General, Prime Minister, Attorney General and Chief Justice. Women’s participation in central and local government remained steady. The proportion of women Ministers of the Crown had significantly increased from 13 per cent at the time of the last report to about 31 per cent.

Such achievements, however, had created a double-edged backlash, she said. Some younger women were complacent and believed that further efforts for women were unnecessary, while others believed that efforts for women had gone “too far”. The Government remained committed to the Ministry of Women’s Affairs, within its own Minster within Cabinet. The number of women in diplomatic service had also grown. The Ministry of Foreign Affairs and Trade had set a target of 50 per cent representation of women at all levels by 2005. Women currently made up 49 per cent of the Ministry.

Regarding employment, she said the percentage of women in the paid labour force had risen over the past six years. Along with a decrease in the unemployment rate for women, there had been significant increases in the number of women employed in professional and managerial occupations. Challenges to women’s equality included the persistence of a gender pay gap, occupational segregation and the increasing difficulty of achieving work-life balance. In 2003, the Social Security (Working towards Employment) Bill was passed by Parliament, which provided for a more flexible approach to supporting single parents and widows into paid work.

On marriage and family life, she said the Property (Relationships) Amendment Act 2001 had entered into force in February 2002. The Act treated de facto couples, including same-sex couples, similarly to married couples on the end of a marriage or relationship in terms of the division of property. The broad review of other legislative provisions that treated same-sex and opposite sex de facto couples differently from married couples was still under way.

She said an evaluation of access to protection orders under the Domestic Violence Act 1995 suggested that cost, availability of information and language barriers were the main reasons that victims of domestic violence, particularly Maori and Pacific victims, did not apply for protection orders. “Te Rito”, the New Zealand Family Violence Prevention Strategy, was launched in March 2002. It had 18 action areas, each with its own targets through June 2006. Two key action areas responded to the evaluation of the Domestic Violence Act. A research report published in 2002 found that Maori women were benefiting from programmes to help them deal with the effects of family violence.

Speaking on behalf of Tokelau, the Permanent Representative of New Zealand, DON MACKAY, said that today’s report to the Committee was a step forward for the women of Tokelau –- “a baby-step maybe, but a step forward nevertheless”. It was about taking ownership to advance the Convention in Tokelau, a Non-Self-Governing Territory of New Zealand. Customarily, the women of Tokelau distributed food and goods, took care of the family and raised children. One of their names was also “Manu Ha” – the Sacred Being. The customary bestowments, whilst tasking women to be just and fair in their division of daily sustenance, also protected them from the unbecoming behaviours of society.

The Convention could complement the customary and traditional role of Tokelau women and give guidance to the evolution of their role, he said. However, that must be handled in a sensitive manner befitting the scale, speed and impact of social change in a small-scale community and the unique social environment of each of the three atolls comprising Tokelau.

More and more Tokelau women were pursuing higher education and careers, including those in public service and the political arena. At the national level, the General Fono, the highest policy-making institution in Tokelau, had women representatives. Receptiveness and support of village elders and political leaders to the changing role of women had paved the way for the women of Tokelau to rise to the challenges of today’s world.

The status of Tokelau women, both as individuals and collectively, progressed with time, he continued. It was, indeed, an evolution. Their safety and rights had never been compromised, but there was room for improvement. Among the issues being considered to further women’s development were allowances or pensions for women who had full-time home-care responsibilities. While the Territory did not have a social welfare system, its society took care of the “tama manu”, or little bird, including “na kaiga tukua”, or widows. Among recent developments, there were training courses for women in the areas of budgeting, domestic chores and leadership.

The Convention had been ratified by Tokelau in 1985, and, since then, the Territory had participated in workshops and regional meetings on the Convention. Women were represented by a major non-governmental organization that was consistently consulted on major governmental issues. Following a recent South Pacific regional workshop, consultations on future plans had been initiated in the Territory. A women’s conference scheduled for the end of this month would address the issue of implementation of the Convention in Tokelau.


Experts’ Comments

As the Committee began its article-by-article consideration of the situation of women in New Zealand, many experts joined the Committee Chairperson, AYSE FERIDE ACAR, expert from Turkey, who expressed the Committee’s appreciation for the country’s report and the high level of New Zealand’s representation before the Committee.

HANNA BEATE SCHOPP-SCHILLING, expert from Germany, expressed concern about the implementation of temporary special measures in New Zealand, saying that, according to the Convention, they were needed to accelerate the de facto equality of women. Today’s presentation referred to what appeared to her as general anti-discrimination policies being listed as special temporary measures. Had all the ministries set targets for women’s representation? Were there special positive measures in private business and in the Government?

Several speakers drew attention to the importance of overcoming traditional sex roles and stereotyping in New Zealand. In that connection, NAELA GABR, expert from Egypt, said that New Zealand was a very good model in the implementation of women’s rights. The country had adopted many positive measures, and tangible progress had been achieved in ensuring women’s access to legislative bodies and high-level positions. However, she wanted to encourage the Government to pay more attention to article 5 of the Convention, which related to sex roles and stereotyping, particularly with regard to indigenous women. More legislative and executive action was needed to complement the measures taken so far. A reversal of progress in the latest elections could signal a serious problem. Also, violence against women required serious attention.

CHRISTINE KAPALATA, expert from the United Republic of Tanzania, said that, while the country had set the right goals for the advancement of women, it was necessary to emphasize the importance of education to eliminate stereotyping. Such efforts needed to be widespread and unswerving, she added, warning against sporadic and inconsistent measures.

MARIA REGINA TAVARES DA SILVA, expert from Portugal, also cautioned against complacency towards outdated stereotypes, wondering about the measures to sensitize the population to gender issues. She also said that it was most commendable that social policies in New Zealand had a gender-impact assessment. Why wasn’t the same approach used in relation to other areas of public life?

An expert from Bangladesh, SALMA KHAN, wondered if the recommendations contained in a 1998 report on women’s access to legal services had been implemented. Had the country taken into consideration a rights-based approach in its development of policies and plans?

GORAN MELANDER, expert Sweden, mentioned the problem of “what to do with the Cook Islands”, which were not listed as a separate entity as far as the Convention was concerned. One of the options was for New Zealand to report for that self-governing territory.

The country had impressive legislation for the advancement of women, he continued, and still, the report contained no reference to discrimination based on language and cultural life.


Country Response

Responding to experts’ comments, Ms. DYSON said the Government was aware of the need to ensure that stereotyping of men and women was removed throughout the health-care, educational and social security systems. The Government had been focusing on the issue. An example of its action in that regard was the reintroduction of an apprenticeship programme for young people, after it had been noted that not enough women were taking up trade training in non-traditional occupations. Women were being encouraged to pursue non-traditional areas in the educational system.

Regarding the issue of gender analysis, she said that only recently had the Social Development Committee started the requirement for gender analysis. That Committee considered a broad range of issues for the Cabinet’s attention. She agreed that gender analysis should be required of all the papers considered by the Cabinet. She also believed that the quality of the gender analysis should be improved. In that regard, the Government was working to improve the quality of gender analysis.

She had been careful to remind New Zealand, in her public comments, that the issue of work life was not just a women’s issue. At the same time, it did have a stronger impact on women, particularly Maori and Pacific women, as they were still the primary caregivers in their communities. Women were also increasingly assuming care-giving responsibilities for the growing elderly population.

Concerning the issue of temporary special measures, she said New Zealand did not have an overall position of requiring government departments to set policy targets. A final conclusion on the issue had not yet been reached. When there were targets, they were part of an agreement between an individual head of department and the minister. If there were a specific target, the department head would be accountable at the end of the financial year for an explanation of why the target had not been reached.

Regarding the decrease in women’s representation in the last parliamentary elections, she said individual parties had responded to the public’s desire for more appropriate representation. Two parties in Parliament had only one woman within their total number. The two parties had been responsible for the overall decline, and the decline had not been across the board. The public supported increased representation of women in Parliament.

On the issue of language, she said language was not a prohibited ground for discrimination. The Human Rights Commission had considered complaints of language discrimination on the grounds of race, however. English was the official language in New Zealand, as it was the most widely spoken language. Maori was also an official language. There was a proposal to have sign language recognized as a third official language.

Regarding women’s access to low-cost legal remedies, she said a newly established legal service agency was trying to develop a more proactive approach to develop support for unmet legal needs. The report commissioned by the New Zealand Law Commission on the structure of the courts would address both the needs of court users, as well as the structure of the courts.

Addressing the issue of the Cook Islands, Mr. MACKAY said New Zealand followed a dualistic approach regarding treaty obligations and domestic law. The Cabinet or Executive decided the treaties to which New Zealand became a party. Under the Constitution, only the Parliament could make domestic law and create statutes with the force of law. In that regard, when the Executive became party to a treaty, it could not automatically turn it into law. New Zealand did not become party to an international treaty until the necessary domestic laws had been passed by the Parliament. While that might slow down the process, it assured that New Zealand would not be in treaty breach.

Regarding the situation of the Cook Islands and Niue, he said New Zealand shared the Committee’s concern about the outstanding reports from the Cook Islands. The Cook Islands and Niue were both self-governing territories in free association with New Zealand. Both had had an act of self-determination. In 1985, when New Zealand became a party to the Convention, the practice was to become party to treaties on behalf of the Cook Islands and Niue. At the time, the consent of the two territories had been sought. In the case of the Convention, it was binding on the Cook Islands and Niue. Since 1988, however, New Zealand treaty actions did not extend to the Cook Islands and Niue.

Following the act of self-determination by the Cook Islands and Niue, New Zealand had no residual powers in regard to the two territories, he added. New Zealand did not have the power to require the Cook Islands and Niue to take any particular action. In that respect, it would not be appropriate for New Zealand to report to the Committee on matters to which it had no direct knowledge. In his view, it would be appropriate for the Committee to approach the Cook Islands regarding its outstanding reports. The Government encouraged the Cook Islands and Niue to submit reports. The matter was no longer in the hands of New Zealand.

On indigenous women, Ms. DYSON agreed with the need for ensuring that they were supported in situations of violence. New Zealand followed a devolutionary system in which the central Government assured that overall policies were set, while delivery mechanisms for those policies were developed at lower levels. That system had been successful with the Maori communities. A domestic violence work permit and resident policy had been established for situations in which a New Zealand partner withdrew support and violence existed. With the new system, residency permits were issued in specific situations where a partner had withdrawn support and there was a situation of violence.


Experts’ Comments

FRANÇOISE GASPARD, expert from France, congratulated the Government for its report and its commitment to the advancement of women. She asked if the State encouraged territorial communities to establish equality policies to reduce discrimination and combat violence. Did local policies take gender aspects into account? She also wanted to receive more information about a newly adopted law on prostitution. Was prostitution considered a profession like any other? What measures were envisaged in the new law to counter trafficking in people and assist women who wanted to get out of prostitution?

Also on the subject of prostitution, KRISZTINA MORVAI, expert from Hungary, said that, according to the country’s report, pornographic materials were harmful, because they created inaccurate stereotypes and encouraged inappropriate behaviour towards women. With all due respect, was that not an outline of what the Government had done to women’s equality by legalizing prostitution? Regardless of whether it was a matter of free choice, prostitution was oppressive and humiliating, for it was about men paying money to treat women as less than human beings. She hoped the Government would reconsider its steps to legalize prostitution.

HEISOO SHIN, expert from the Republic of Korea, welcomed the fact that gender analysiswould be extended to all government ministries. To meet women’s needs, it should cover the issues in a balanced manner. At the same time, she wanted to know if all the ministries had proper budgets to incorporate gender issues in their policies, and if New Zealand’s national gender machinery had been provided with adequate resources.

CORNELIUS FLINTERMAN, expert from the Netherlands, hoped that the women of Tokelau felt that they were heard at the Committee, and that the populations of self-governing territories would be informed about the deliberations. From the point of view of international law, New Zealand continued to be accountable for the application of the Convention in Cook Islands, and he hoped that a report would be submitted on that territory. He also asked if it was correct that provisions of the Convention could not be directly invoked in national courts. What did that mean for the implementation of the Optional Protocol to the Convention?

Also on the implementation of the Optional Protocol, DUBRAVKA ŠIMONOVIC, expert from Croatia, asked if it would it be possible to invoke specific rights of women under the Convention before human rights and other courts. What would happen in cases of inconsistencies between national laws and the Convention? Also, while progress had been achieved since New Zealand’s last report, the latest document still lacked sex-disaggregated information in many areas, including women’s participation in political parties and post-graduate education.


Country Response

The Minister said that the country wanted to ensure rigorous accountability measures to assure success in its setting of targets. The strategic government framework determined the policies and gender direction within such areas as health and education. However, it was up to the individual health and education boards to take decisions on how to reach those goals. Each department and agency was adequately funded to implement gender initiatives, but she was not fully confident regarding the depth of gender analysis performed by each and every government agency and department. The Government had made a commitment to retain a separate ministry on women’s issues, which should lead the Government’s policies and coordinate efforts for the advancement of women.

Regarding territorial authorities, she said that a recent local government act had redefined the roles and responsibilities of local and central governments. It was now in the process of being adopted by some 70 local authorities. The fact that local authorities operated under central government statute, implied adherence to central government obligations, including those under international treaties.

Regarding prostitution, she said that, formally, the issue had been before the Parliament for over three years. Informally, the promulgation of the new law had taken some 15 years. The free vote in Parliament, which had taken place to implement the new legislation, would be followed by a future review of its impact. Having just begun its implementation of the new measures, the Government was in no means complacent and would certainly closely monitor the implementation of the new process.

The Parliament had been very determined to ensure that women did not move into prostitution and avoid sending a message of supporting prostitution, she continued. However, the measure had decriminalized prostitution in order to minimize harm and protect women from exploitation. One of the specific points in the legislation was to protect from exploitation those women who were in New Zealand for a short period of time, as well as new migrants.

Mr. MACKAY said it was his understanding that the preparation of the Cook Islands’ initial report was well under way. A range of consultative processes had been carried out, and he would do his best to facilitate the submission of the report. On the nature of treaty relations between New Zealand and the Cook Islands, he said there had been an inconsistency, which was why the treaty-making process had been changed. New Zealand no longer became party to treaties on behalf of the Cook Islands and Niue. Since the process had changed, there had been an evolution in the treaty-making powers of the Cook Islands and Niue. The Cook Islands was a member of a number of international organizations in its own right. On the issue of treaty succession, he said the matter was under discussion with the United Nations legal department. He was hopeful that the ongoing discussions would clarify the issue. It was an evolving constitutional issue.

Regarding whether international conventions could be invoked in New Zealand courts, he said that treaties could be invoked in the domestic courts. If there were an interpretation issue of a certain piece of legislation, the courts would interpret the legislation in a way that furthered the objectives of the international treaties to which New Zealand was party. There had never been a direct clash between New Zealand law and international conventions. In such an event, however, domestic statue would take precedence over the international treaty. That was the case in virtually every country where there was a clash between national legislation and international statute.


Experts’ Comments

GÖRAN MELANDER, expert from Sweden, asked several questions about women in power, including at the university level. In his country, while there was some 50 per cent representation at the undergraduate, post-graduate and professorial levels, there were a limited number of women. Was that also the case in New Zealand?

MERIEM BELMIHOUD-ZERDANI, expert from Algeria, said she was moved to receive a delegation from a country in which women filled the four highest positions. Eight out of 26 ministers were women and women represented some 29 per cent of the Parliament. Despite the seemingly ideal picture, were New Zealand women convinced that they would be able to sustain those achievements? The report said New Zealand’s political parties did not have to intervene in the quota policy. She asked whether it would be a good idea to introduce in the election and party law the obligation of the parties to have a set quota so that women could make progress in the next elections. Although women could reach the highest levels of Government, there were some departures to that in the civil service. What was being done in New Zealand to encourage women to stand in elections with public aid?

Ms. KAPALATA, expert from the United Republic of Tanzania, noted that, regarding the situation of Tokelau, there was nothing in the laws sanctioning discrimination against women. In the culture of Tokelau, there was clear delineation between men’s and women’s roles. Did that situation lend itself to equality between the sexes? Did the Government have a role in encouraging gender equality in Tokelau? There were four women in Tokelau’s parliament, the General Fono. Had that happened by chance or had a specific mechanism been used? How had refugee women been involved in the preparation of the report?


Country Response

Ms. DYSON said that improved women’s participation at various levels was certainly due to New Zealand’s commitment to the promotion of gender equality. While the debate was still going on whether it was better to act through imposition of quotas or through introduction of targets and incentives, her Government’s preference was for clear cross-cutting targets and incentives for the achievement of equality.

The Government was very determined to ensure proper monitoring of those targets, she said. Local authorities were held accountable for their implementation of targets. The central Government, local governments and local statutory boards had three separate voting systems, and that would allow the Government to compare their impact on increased participation. Education programmes were in place to ensure proper understanding of the measures being introduced by the Government.

Continuing, she said that the nomination service was only one of the ways of receiving women’s candidatures for public positions. Women could be nominated through other processes, as well. The Government’s efforts were bearing fruit. In 1993, for example, the number of women appointed to statutory boards was some 23 per cent, and in 2002 their number had grown to 42 per cent.

Significant progress achieved in the country had created “a sort of a double-edged sword”, she said. A high number of young women were quite complacent about the situation of women and did not understand why it was important to continue work to promote gender equality. Now, it was very appropriate to review the status of women in the country and clarify the goals sought in the future. The development of a new action plan was very important in that respect.

Regarding refugee and migrant women, she said that there were a number of bodies in New Zealand to support them. Her Ministry was involved in the issues related to refugee and migrant women through those bodies. In a country where women’s voice was very direct and active, it was sometimes easy to overlook the concerns of new residents, but she was confident that the efforts of the Government would lead to increased support for new residents.

Mr. MACKAY added that, with women and children among the country’s priorities, New Zealand had led a resolution in the Third Committee on the situation of women within the United Nations Secretariat.

More information would be included in the country’s next report on the situation of the women of Tokelau, he said. Certainly, in many respects, that territory was behind New Zealand. At the same time, it was important to take into account the delicate nature of the efforts to balance the commitment to the advancement of women with respect for the cultural peculiarities of Tokelau.


Experts’ Comments and Questions

Ms. KHAN, expert from Bangladesh, noted that minority women had lower levels of participation than white, European women. What were the causes for those falling rates, especially for Maori women? She also noted that while 53 per cent of women had completed degrees -- compared to 52 per cent of men -- women were more often employed as service workers and earned much less.

The expert from Sweden, Mr. MELANDER, asked if there was legislation to ensure that women who filed complaints of sexual harassment were not fired. Were there any cases in which the question of the pay gap had been referred to the courts?

FUMIKO SAIGA, expert from Japan, asked several questions about the situation of part-time workers.

SJAMSIAH ACHMAD, expert from Indonesia, asked what measures had been taken to ensure that school education was designed not only to eliminate gender stereotypes, but also to enable young generations to view themselves as equals. Youth must be educated to develop as equal partners, both in private and public life.

Ms. SCHOPP-SCHILLING, expert from Germany, asked about efforts for temporary special measures or setting targets for promoting women in the private sector. While she applauded the paid parental provisions, she was concerned about eligibility of female casual workers who might hold several jobs under the 10-hour limit. Were there mechanisms for recognizing multiple employment? She was also concerned about the capping of the parental leave payment. Given the pay differences, maximizing the amount would not provide fathers with an incentive for taking parental leave. Given the expected budget surplus, what incentives would the Government put forward to involve men in the schemes?

MERIEM BELMIHOUB-ZERDANI, expert from Algeria, said that in light of the pay gap, women would have greater difficulty in paying back school loans. Had any women brought their cases to the courts and what was the Government intending to do to reduce the pay gap?

ROSARIO MANALO, expert from the Philippines, asked what policy initiatives the Government had taken to reduce the burden of women due to imbalances in the student loan scheme. How did the Government plan to reduce the gender pay gap so that women received the same wage for work of equal value? What steps would the Government take to address women’s health needs, in particular, the widening health disparities for Maori and Pacific women?


Country Response

Responding to this round of questions, Ms. DYSON said that within the new employment strategy, employment rights of new migrants were taken into consideration. Between 1996 and 2001, employment opportunities for women migrants had increased by some 9 per cent. It was significant that disparity in the employment area was decreasing.

As for the situation of the Maori people, she said that Maori students were increasingly taking part in higher education, and efforts were being made to improve the employment situation of Maori women. The Government had support from the Maori Women Development Fund, which had been established in 1997, to ensure small business loans.

In general, there were significant changes in employer-employee relations within the country. Still, some very vulnerable groups of employees remained, who required increased attention. A mediation system had been introduced, which was seen as a much more attractive course of action than litigation. A recently established task force was researching which equality in pay measures had been successful and study other countries’ experiences in that regard.

Regarding religious freedom, she said that it was protected under New Zealand law. While there had been some cases of harassment of Muslim women, the Government had taken some successful steps to help local authorities to deal with the problem. It was important for women to know their rights, and information in that regard was being distributed to women. The Government was aware that ongoing education and programmes to raise awareness were of great importance, particularly to indigenous women.

On student loans, she said that in the last three years, efforts had been made to stop increases in higher education costs. Representatives of higher education institutions had agreed to freeze the cost of education during that time. Previously, students used to incur interest on their loans during the time of education. Now, the practice had changed. The Government was trying to reduce the size of the loans and help students repay them faster. Work was under way to find new providers of funds for student loans and improve the student loan regime.

One of the underlying principles of the Government’s health strategy was an inter-sectoral approach. There was a correlation between health and income, and the country’s goal was to improve the health situation of the population on the whole, addressing the health disparities among various groups. Among the main areas of action were prevention, advice, and development of indicators to monitor success.

Legal assistance was provided to women who filed complaints on sexual harassment, she said. The majority of sexual harassment complaints came from women working in small companies, probably because larger organizations had internal procedures to address the situation. Many women found it difficult to continue working at a place where they had been harassed.


Experts’ Questions and Comments

VICTORIA POPESCU SANDRU, expert from Romania, congratulated New Zealand for the progress achieved since the presentation of its last report. In particular, she noted the programmes to address the needs of vulnerable groups and saluted the removal of New Zealand’s reservation to article 11 of the Convention related to paternal leave.

Among other things, she asked about the duties of the new Equal Opportunities Commissioner. Also, the decentralization of health care could be accompanied by several risks, including insufficient funding of local health organizations and loss of a holistic approach to health care.

FATIMA KWAKU, expert from Nigeria, said that rural women deserved more attention than they were getting. Access to services was among their main problems, and the extra cost was one of the main barriers in that respect. What was the Government planning to do about that? Would any special incentives be used to recruit general practitioners and provide subsidized child-care facilities to afford rural women a chance to pursue extra income?

Ms. TAVARES DA SILVA, expert from Portugal, pointed out that in the report the issue of student loan schemes were dealt with in gender-neutral terms. However, a clear gender approach was needed.

Ms. MORVAI, expert from Hungary, wanted to know what actions had been identified to address disabled women’s needs in the country. Was there affordable home assistance for those women?

PRAMILA PATTEN, expert from Mauritius, commended the Government for its legislative and policy measures to address discrimination in the field of employment. The gap in earnings was wider in the private sector, and she wondered what was being done to close that gap. What were the main findings of the evaluation of the Employment Act?

HUGUETTE BOKPE GNANCADJA, expert from Benin, welcomed the Government’s efforts to increase the number of women involved in the labour market in the rural areas, including establishment of several funds for rural women. She wanted to know what standard legislation had been set in place to implement the Government’s initiatives in rural areas. Did rural women have an equal legal footing with men as far as ownership of property and inheritance were concerned? Also, there was a gap between the de facto and de jure situation of women. Were women in New Zealand aware of their rights?

Ms. KHAN, expert from Bangladesh, commended the Government for its landmark work to calculate the share of women’s paid and unpaid work. It was a significant step forward. What kind of plan did the Government have to place an economic value on such work and what kind of compensatory package was provided for women’s unpaid work? Also, what was the reason for a high suicide rate among women in New Zealand?

Referring to the pay and equality task force created in the country, the Committee Chairperson, Ms. FERIDE ACAR, expert from Turkey, cautioned the delegation against mixing up the terms of “equity” and “equality”.


Country response

Responding to questions, Ms. DYSON said that, currently, people with multiple jobs would not be eligible under the paid parental scheme. There had been some complaints of government breaches under the human rights legislation, which also covered the private sector. She reported that there had been a downward trend in youth suicide rates. With one of the highest youth suicide rates in the world, New Zealand had been concerned with the issue for many years.

Regarding pay gaps in the public sector, she said the task force she had referred to would report at the end of 2003. On access to social services, she said rural services coordination was part of the “heartland services” initiatives. People in rural areas also had access to free telephone calls to government agencies and access to government web sites. Regarding the ownerships of farms, she said the inheritance legislation did not contain gender bias.

Concerning health questions, she said the restructuring of the health system had been a primary consideration during the development of the public health legislation. District health boards did not develop their own guidelines or policies, as they were set on a nation-wide basis. The Government was responsible for the delivery of the health system, despite the devolution of authority to district health boards. Disabled women did have specific concerns, including barriers caused by attitudes to their disability. The issue was often raised by women with disabilities, who faced additional disadvantages in areas of employment and financial support.


Experts’ Comments and Questions

Ms. SIMONOVIC, expert from Croatia, asked if there were policies to educate refugee or minority women on New Zealand’s marriage law.

Ms. PATTEN, expert from Mauritius, asked what mechanisms were in place to ensure full implementation of the property compensation scheme. Also, to what extent was the judiciary gender sensitive? A year after “Te Rito”, had the impact of that programme been assessed and what was its budget?

Ms. GNACADJA, expert from Benin, asked about dispute settlement and measures to overcome language barriers for minority women.

Ms. MANALO, expert from the Philippines, asked if financial measures had been taken to ensure women’s access to legal assistance. What was the Government’s strategy to meet the needs of people with different sexual orientations?


Country Response

Ms. DYSON said it was correct to say that in the new property legislation, judges had wide discretion. The Government was not satisfied with the representation of diversity within the judiciary. Judges did, however, have yearly gender-sensitivity training. The property rights legislation was new and the Government was committed to monitoring it. It was still the tradition for women to take the husband’s name upon marriage, although other options were available. Regarding teenage and arranged marriage, while the number was very low, that did not detract from the Government’s concern over the issue.

In cases of divorce, the country was trying to shift the focus from the division of property and children following break-up of the marriage to the responsibility of parents towards their children.


Concluding Remarks

The Committee Chairperson, AYSE FERIDE ACAR, expert from Turkey, expressed gratitude to the delegation for presenting the country’s report and for the responses provided to the experts’ questions. The Committee had been happy to hear about the Government’s decision to withdraw its reservation to article 11 of the Convention and hoped the procedure would not take too long to be completed.

Continuing, she congratulated the Government for its commitment to the goals of the Convention. New Zealand had demonstrated an over-all awareness of the provisions of that instrument. Measures had been put in place to ensure that all policies were subject to gender analysis, and there was a very sensitive approach to women’s human rights. She was also impressed with the exceptional presence of women in constitutional and political offices. That should have been expected from the country that had been the first in the world to grant women the right to vote in the nineteenth century. However, it was important to make sure that the current thrust was sustained and that there was no slipping back in the future.

It was important to encourage greater women’s participation at the higher levels of academia, she said. The experts were also somewhat concerned over the persistence of remaining sexual stereotypes in the country. Among other concerns, she mentioned the situation of indigenous women and women belonging to immigrant communities. New Zealand had a good chance of becoming an example of best practices to many countries of the world on ensuring respect for cultural traditions and the development of indigenous communities at the same time. The Committee hoped to see concrete results of such policies in the country’s next report.

The experts had been impressed with the Government’s cooperation with non-governmental organizations in preparation of its report, as well as the establishment of the Employment Opportunities Commissioner, albeit they had some reservations about the scope of his responsibilities. Other issues that needed to be addressed were gender sensitivities in providing student loans and discrimination in the labour market. She hoped the Government would also consider the issue of reporting by the country’s self-governing territories, including the Cook Islands.




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