COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS CONCLUDES CONSIDERATION OF SECOND PERIODIC REPORT OF NEW ZEALAND

CESCR
30th session
12 May 2003




The Committee on Economic, Social and Cultural Rights today concluded its consideration of the second periodic report of New Zealand on how that country implements the provisions of the International Covenant on Economic, Social and Cultural Rights.
Introducing his country's report, Tim Caughley, Ambassador and Permanent Representative of New Zealand to the United Nations Office at Geneva, told the Committee that his country took its obligations under the International Covenant very seriously. Speaking about developments since the submission of the report, he said that the introduction of a statuary paid parental leave scheme in March 2002 was a significant advance, and that women were now entitled to 12 weeks paid parental leave funded by the Government.
Mr. Caughley also said that the Government had established a comprehensive Maori development programme which would promote development "For Maori, By Maori" by inviting Maori to provide solutions that were responsive to their needs. The programme included initiatives such as the capacity building programmes, the Maori business facilitation service, local level solutions and direct researching, he added.
During their consideration of the report, Committee Experts raised a number of questions about the absence of legal provisions on minimum working wages; career prospects in public and private sectors for women; the right to equal remuneration for work of equal value; the lack of guarantees for adequate housing; social security compensation for persons with disabilities; compensation for industrial illness or injuries; problems of homelessness and cases of forced evictions; and the use of tobacco and other drugs, among other things.
Other members of the New Zealand delegation were John Paki, Deputy Chief Executive Officer, Te Puni Kokiri (Ministry of Maori Development); Ross Judge, General Manager, Strategic Social Policy, Ministry of Social Development; Blair Badcock, Policy Manager, Housing Corporation; Petra Butler, Advisor; and Jillian Dempster, First Secretary at the Permanent Mission of New Zealand in Geneva.
The Committee will release its concluding observations and recommendations on the report of New Zealand towards the end of its three-week session which will close on 23 May. The Committee also requested the delegation to provide written replies to some pending questions.
New Zealand is among the 146 States parties to the International Covenant on Economic, Social and Cultural Rights and as such it is obligated to submit periodic reports to the Committee on how it is implementing the provisions of the treaty.
When the Committee reconvenes at 10 a.m. on Tuesday, 13 May, it will meet in private. It will meet in public at 3 p.m. to take up the third periodic report of Iceland (E/1994/104/Add.25).

Second Periodic Report of New Zealand
The report (E/1990/6/Add.33) provides information on the administrative, judicial and legislative measures taken by the State on an article-by-article basis on how it complies with the provisions of the International Covenant on Economic, Social and Cultural Rights. It also gives responses to the Committee's comments on New Zealand's initial report. Due to the significance of reforms in relation to employment legislation, the report notes the impact of the introduction of the Employment Relations Act 2000. A report from the Administrator of Tokelau is also included.
The report states that New Zealand's ratification of the Covenant also extended to the Cook Islands and Niue. However, as self-governing States in free association with New Zealand, the Cook Islands and Niue not only had the capability to enter into the implementation their international obligations, but this is also recognized as their responsibility.
The report notes that a number of significant developments in the way in which New Zealand gives effect to the rights recognized in the International Covenant and seeks to develop their enjoyment by its people. The New Zealand economy grew rapidly during the mid-1990s; however, over the first half of 1998, the economy went into recession. The "shocks" of the Asian economic downturn and an El Nino-induced drought that struck most of the east coast of the North and South Islands hit the economy as it was slowing in response to tighter monetary policy.
It also notes that employment growth was very strong in the 1994 to mid-1996 period with annual growth running at between 4 and 5 per cent leading to the unemployment rate falling from nearly 11 per cent in 1991 to around 6 per cent in 1996.

Presentation of Report
TIM CAUGHLEY, Ambassador and Permanent Representative of New Zealand to the United Nations Office at Geneva, said that the Committee's observations and dialogue with the members presented a valuable opportunity for the New Zealand Government to assess its progress towards the realization of its obligations under the International Covenant on Economic, Social and Cultural Rights, obligations which the State party took very seriously.
Turning to developments since the submission of the report, Mr. Caughley said, among other things, that the introduction of a statuary paid parental leave scheme in March 2002 was a significant advance. Women were now entitled to 12 weeks paid parental leave funded by the Government. That scheme fulfilled New Zealand's obligations under article 10.2 of the Covenant, and the Government had authorized the removal of the reservation to that provision.
Mr. Caughley said that the change of Government had seen the Employment Relations Act 2000 replace the Employment Contracts Act 1991, as a first step in the rebuilding of a fair and equitable employment relations system based on empowering unions and promoting collective bargaining. The Government was currently in the final stages of the domestic treaty making process for the ratification of International Labour Organization Convention 98, which was on the right to organize and bargain collectively, and it intended to formally ratify that Convention in the very near future.
The Human Rights Amendment Act 2001 significantly amended the Human Rights Act 1993 merging the Race Relations Office and the Human Rights Commission to provide for one organization, Mr. Caughley went on to say. The Commission had began work on a National Plan of Action for Human Rights as required under the new Act, its approach to the exercise having recently been affirmed by the Cabinet.
Mr. Caughley also said that the Government had established a comprehensive Maori development programme which would promote development "For Maori, By Maori" by inviting Maori to provide solutions that were responsive to their needs. That included initiatives such as the capacity building programmes, the Maori business facilitation service, local level solutions and direct researching. It also included a range of initiatives, for example, strengthening Maori social service provisions, improving housing through specific relationships between iwi (tribes) and the Government to build or improve homes, and implementing the regional economic development programme. Such approaches would reduce disparities between Maori and non-Maori in terms of mainstream indicators as well as promote a distinct Maori culture.
With regard to fostering the educational achievements of Maori, the Ministry of Education supported a range of schemes to improve early childhood and post-compulsory education participation rates, to raise the levels of educational achievements, and to help retain the Maori language, Mr. Caughley said. Maori women were the largest group of participants in tertiary education with participation rates exceeding those of all males and non-Maori women. The Government had also developed a plan discussing ideal education outcomes and setting specific goals in areas such as early childhood services and tertiary education for Pacific Islands peoples.
Mr. Caughley said that the Government continued to make steady progress with Treaty of Waitangi settlements and negotiations continued with several claimant groups. To date, 13 settlements had been completed. The Government had increased funding to the Waitangi Tribunal, the independent statutory body charged with inquiring into Treaty claims, following the Tribunal's success in implementing a much more effective and efficient claim inquiry process.
With regard to the report of the Administrator of Tokelau, Mr. Caughley said that the most significant developments relating to the implementation of the Covenant continued to concern the development of local institutions of government. In the present phase of its constitutional evolution, Tokelau's over-riding focus was on the goal of nation building. A target date of 30 June 2004 was being set for the further devolution of powers to the Taupulega -- village councils, the traditional authority in Tokelau. A visiting mission from the UN's Special Committee on the Situation with Regard to the Implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples to Tokelau last year had issued a very positive report on development in Tokelau and New Zealand's approach to its responsibilities.

Discussion
Committee Experts raised a number of oral questions. An Expert asked, among other things, about the role of the Human Rights Commission relating to the implementation of economic, social and cultural rights, and also asked why New Zealand had not ratified a large number of ILO Conventions. Other Committee members also asked questions on issues pertaining to equality concerning parental leave; the pay gap between men and women; the results of complaints lodged by individuals; the low level of education of Maori; the situation in the Cook Islands and Niue; and the lifting of reservations on articles 8 and 10 (2) of the Covenant.
Responding, the delegation said New Zealand reserved the right not to apply article 8 of the Covenant to the extent that existing legislative measures, enacted to ensure effective trade union representation and encourage orderly industrial relations, might not be fully compatible with that article. The Government was currently conducting a review of its reservations to all human rights treaties to which New Zealand was a party. Once parliamentary examination was completed, the reservation on article 10 (2) of the Covenant would be lifted.
The Government maintained a policy of regularly considering the ratification of ILO Conventions, the delegation said. Its long-standing policy and practice -- applying to all international treaties -- was that it would only ratify such conventions, and thereby incur legal obligations thereunder, when it could fully comply with them.
Concerning the Cook Islands and Niue, the Government of New Zealand had no legislative power with regard to those States besides their free association with New Zealand. At present, the two entities were developing their international personalities. They were fully self-governing with the power to make their own laws.
The future of the Maori used to be decided by the bureaucracy, but now the situation had completely changed, the delegation said. The Maori were not required to enter into a process of assimilation or integration. Recently, the Government had established a comprehensive Maori development programme to promote the contribution of the Maori in all economic, social and cultural fields. The future economic growth of the Maori depended on the level of encouragement provided to the Maori business. The Government had the obligation to contribute to the educational and housing development of the Maori.
Asked why New Zealand did not present reports on behalf of the Cook Islands and Niue, the delegation said that the Government of New Zealand could not interfere in the affairs of those entities, and they had the right to decide for themselves.
The Maori had been living under treaties that guaranteed their rights, the delegation said. There were Government policies that applied concerning the Maori, and the Maori had their own economic, social and cultural options. Maori enjoyed the economic, social and cultural rights provided to all of the New Zealand population. Improving the quality of Maori health, culture, education and employment opportunities was a commitment made by the present Government to Maori. Maori enjoyed equal rights within the society.
The Committee Experts raised questions, among other things, about arbitrary termination of employment; the absence of legal provisions on minimum working age; the rate of minimum wages; career prospects in public and private sectors for women; the right to equal remuneration for work of equal value; the process of open collective bargaining; the lack of guarantees for adequate housing; social security compensation for persons with disabilities; labour inspections; compensation for industrial illness or injuries; the rate of suicides; problems of homelessness and cases of forced evictions.
Responding, the delegation said that 12 weeks parental leave were guaranteed under the Employment Protection Act. A review of the extension of parental leave from 12 to 14 weeks, in accordance with ILO requirements, was being considered currently.
The Government had been endeavouring to improve the health and educational services of the Maori and non-Maori citizens, the delegation said. A strategic plan for early childhood education, largely developed by a sector working group, was launched in September 2002 to improve the quality of early childhood services in the country.
With regard to health services, the Government had been making efforts to expand these services to all people in the country, the delegation said. Accessibility of health services had also been improved for people living in remote regions.
The domestic violence act was a good piece of legislation, according to the jurists and other persons interviewed on the issue, the delegation said. The 1995 Domestic Violence Act was considered much better than the precedent one in dealing with perpetrators and concerning victim protection. The Act had given police the power to arrest the perpetrator of violence.
The poverty reduction strategy was efficient when compared to many other developed countries, the delegation said. Although the assessment of the poverty rate was not part of the United Nations survey, the Government of New Zealand itself kept records of the situation in order to be able to better deal with it.
A big modernization programme was taking place in the country concerning housing, the delegation said. A law had also been enacted on how to manage tenant-landlord relations in the private sector. The Housing Corporation of New Zealand had carried out a number of projects with the view to expanding housing facilities.
On the issue of pay equity, the delegation said that any employer was obliged to pay equal pay for equal work for men and women. The Ministry of Women's Affairs had been drafting a document on the issue of pay equity. Other organizations had also been involved in elaborating new standards on pay equity. A number of papers had been published on the issue. The Government remained committed to identifying and addressing gender issues and as such continued to develop initiatives to address the factors that influenced the gender pay gap.
A five-year action plan was implemented to fight drug addiction, the delegation said. Preventive measures, including awareness increasing programmes, had been also been implemented. Publicity on tobacco and other items affecting the health of citizens had been reduced. The country's legislation had dealt with the consumption of tobacco and its by-products. The use of tobacco in certain premises had been prohibited. Advertisements on tobacco, including their publicity during car races, had been restricted for many years.
The effort to supply safe drinking water had been going on by the Government through the allocation of further subsidies for communities, the delegation said. The Government had been encouraging the extension of pilot projects in all parts of the country in order to supply clean water to all communities, however remote they might be. The Ministry of Health had completed a pilot programme that brought treated drinking water to some 30 small communities in the Northland.
Committee Experts continued to raise oral questions on, among other things, the two educational systems for Maori and non-Maori; the high rate of drop-outs among Maori; the recognition of intellectual rights of indigenous people of New Zealand; the teaching of human rights and cultural differences to school children; and the existence of religious schools other than the Catholic ones.
Responding, the delegation said that 90 per cent of Maori children were in the regular national school system. The Maori were not willing to be assimilated or integrated into a dominant culture; and they did not want to lose their language and culture.
Although the Catholic schools followed the national educational system, they had certain freedoms in providing education, the delegation said. There was no contradiction between the national school system and the Catholic teachings.



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