COMMITTEE ON RIGHTS OF CHILD REVIEWS NEW ZEALAND’S SECOND PERIODIC REPORT

Also Considers New Zealand’s Initial Report on Optional Protocol on Children Involved in Armed Conflicts


18 September 2003


The Committee on the Rights of the Child today reviewed the second periodic report of New Zealand on how that country implements the provisions of the Convention on the Rights of the Child. The Committee also took up New Zealand’s initial report on the Optional Protocol on children involved in armed conflicts, the first time ever the Committee has considered a report on the Optional Protocol.
Introducing the report, Anne Carter, Chief Executive, Ministry of Youth Affairs of New Zealand, said that although there was still work to be done, her country had made progress in implementing the Committee’s recommendations; and since the submission of the second periodic report, further measures had been undertaken to enhance children’s rights.
Presenting the initial report on the Optional Protocol, Ms. Carter said that the ratification of the Optional Protocol demonstrated New Zealand’s continued strong support for the protection of children’s rights in a specific area that was of global concern.
The reports were also introduced by Tim Caughley, Ambassador and Permanent Representative of New Zealand to the United Nations Office at Geneva, who said both reports set out the measures New Zealand had implemented to progress, for New Zealand’s children, the rights recognized in the Convention. The presentation of the report and accompanying material would illustrate the commitment of the Government to the effective implementation of the Convention and the important part that it played in the protection and promotion of the rights of the child in New Zealand.
Committee Experts, including Marilia Sardenberg, who acted as country rapporteur to the report of New Zealand, raised a number of questions, among other things, on the effectiveness of the preventive measures taken by the Government against suicide; the prohibition of corporal punishment; the situation of Mäori children; the situation of child poverty; and the status of the Convention under domestic legislation.
In preliminary remarks, Ms. Sardenberg said that as a democratic country, New Zealand should use the Convention as a political tool in order to promote the rights set forth in the treaty. In its entire political agenda, the State party should made children subjects of rights and transform its perceptions into action.
Ms. Carter said the dialogue with the Committee would help to enhance the ongoing implementation of the Convention in the country.
Also representing New Zealand were John Paki, Deputy Chief Executive, Ministry of Mäori Development; Cheryl Gwyn, Deputy Secretary, Ministry of Justice; Peter Carr, Senior Policy Analyst, Ministry of Social Development; Rebecca Thompson, Project Manager, Ministry of Youth Affairs; Jillian Dempster, First Secretary, New Zealand Permanent Mission, Geneva; and Tom Goddard, Chief Judge, New Zealand Employment Court.
The Committee will issue its formal, written concluding observations and recommendations on the reports of New Zealand towards the end of its three-week session, which will close on 3 October.
As one of the 192 States parties to the Convention, New Zealand is obligated to periodically submit reports to the Committee on how it implements the provisions of the treaty.
When the Committee reconvenes at 10 a.m. on Friday, 19 September, it is scheduled to have a day of general discussion on the rights of indigenous children.
Report of New Zealand
The second periodic report of New Zealand (CRC/C/93/Add.4), covering June 1995 to September 2000, includes New Zealand’s relevant developments in law, policy and practice since its initial report as well as plans to improve children’s rights. Details include legislative, judicial, administrative and other adopted measures that affect the provisions of the Convention. The report also includes replies to the Committee’s concerns expressed during its consideration of the State party’s initial report. It says that there has been criticism within New Zealand about the length of time it has taken the country to respond to the Committee’s concluding observations that were issued in 1997. New Zealand acknowledges that progress has been slow, however, the reporting process has helped to increase the priority given to this work.
The report notes that New Zealand is yet to extend ratification of the Convention to Tokelau, which remains New Zealand’s last non-governing territory. The issue of the Convention’s extension to Tokelau has been discussed in Tokelau and between New Zealand and Tokelau during the reporting period. Tokelau, which has a community of 1,500 people, understands the rights set out in the Convention and the obligations that would need to be fulfilled if New Zealand extended ratification to Tokelau. For the present, Tokelau prefers to defer any decision on this matter. Following an extension of New Zealand’s ratification of the Convention, Tokelau would want to be certain of its ability to fulfil the several obligations that would follow from that extension.
Responding to the Committee’s suggestion, the report says that preventing youth suicide is a high priority for New Zealand. In March 1998, the New Zealand Youth Suicide Prevention Strategy was released. Based on New Zealand and international research and best practice, the strategy is aimed at government and community agencies and provides a framework for understanding what suicide prevention is and steps that must be taken to reduce suicide.
The report notes that the Government is developing a Children’s Policy and Research Agenda to provide a framework for policy development and research relating to children across government over the next five years. The Agenda will be based on the Convention and cover the under 18-age group. Development work on the Agenda will be completed by July 2001.
Presentation of Report
TIM CAUGHLEY, Ambassador and Permanent Representative of New Zealand to the United Nations Office at Geneva, said that it gave him great pleasure to be associated with the presentation of New Zealand’s second periodic report under the Convention and New Zealand’s initial report under the Optional Protocol on children involved in armed conflicts. Both reports set out the measures New Zealand had implemented to progress, for New Zealand’s children, the rights recognized in the Convention.
Mr. Caughley said since the submission of the second periodic report under the Convention in 2000, further measures had been undertaken to enhance children’s rights. It was hoped that the presentation of the report and accompanying material would illustrate the commitment of the New Zealand Government to the effective implementation of the Convention and the important part that it played in the protection and promotion of the rights of the child in New Zealand.
ANNE CARTER, Chief Executive, Ministry of Youth Affairs of New Zealand, said that her country had made progress in implementing the Committee’s recommendations; however, there was still work to be done. Since the submission of the second periodic report, further measures had been undertaken to enhance children’s rights.
Ms. Carter said New Zealand had invested in capacity building initiatives to support whänau, hapü, iwi, Mäori communities and Mäori organizations to develop in their own way. Capacity building was a coordinated approach by government agencies to enable Mäori communities and groups to develop solutions. That approach had seen an increase in the number of Mäori health providers and teachers and had enabled the Government to monitor outcomes in relation to Mäori taitamarki and rangatahi.
New Zealand had undertaken legislative change to address the needs of single parent beneficiaries moving into paid work as a response to the Committee’s recommendation to undertake a study, Ms. Carter said. The legislative change addressed the Committee’s concern by providing assistance for parents’ transition back into the workforce. New Zealand had undertaken reviews of the minimum age for employment and the status of children unlawfully in New Zealand in response to the Committee’s recommendations with regard to the Vienna Declaration.
Ms. Carter said the reservation to article 2 of the Convention that affected migrant children, particularly children unlawfully in New Zealand, was currently before the New Zealand Cabinet for consideration. Advice had focused on the steps required to remove the reservation and the financial implications to New Zealand’s Immigration Service.
In response to the Committee’s concern about physical discipline, New Zealand was pleased to announce a significant investment in a public education strategy to shift attitudes and change behaviours on physical discipline of children, Ms. Carter continued. Further consideration of the defence provided by Section 59 of the Crimes Act 1961 would be undertaken following evaluation of the public education strategy over 2004 and 2005.
Ms. Carter said that her Government had undertaken a stocktake of initiatives that identified advances towards “A World Fit for Children”. The stocktake also identified that New Zealand could make improvements in some areas. The Government had agreed to ask all relevant government agencies to incorporate commitments in “A World Fit for Children” into current work programmes. The Action for Child and Youth Development Work Programme would provide the mechanism to monitor progress towards that outcome.
Following the ratification of the International Labour Organization (ILO) Convention 182 on the Worst Forms of Child Labour, the Government had formed the Child Labour Officials Advisory Committee in 2001 to raise public awareness and understanding of ILO Convention 182 and encourage initiatives to identify and eliminate the worst forms of child labour in the country, the official said.
Concluding, Ms. Carter said New Zealand had demonstrated its strong intentions to ensure that the rights of children were considered important within both a domestic and international context. While New Zealand acknowledged that further work was required to enhance children’s rights, significant investment had been made in the areas of health, education and youth transitions. New Zealand was committed to further improve and progress towards the full realization of its obligations under the Convention.
Discussion
MARILIA SARDENBERG, the Committee Expert who acted as country rapporteur to the report of New Zealand, said that the report gave detailed answers to the Committee’s concerns, which were satisfactory.
Ms. Sardenberg encouraged the Government to continue in its efforts to implement measures regarding children, especially in relation to some of the Committee’s previously expressed concerns. During the discussion, a number of issues would be raised, including the impact of the economic structural measures on the rights of children and the situation of Mäori children, among other things. The discussion would also focus on police brutality, the juvenile justice system, the situation of refugee children, drug abuse and alcoholism, the prohibition of corporal punishment, and minimum age for criminal responsibilities and for employment. The reservations made by New Zealand would also be discussed again.
Ms. Sardenberg asked the delegation why the Government of New Zealand had not ratified the Optional Protocol to the Convention on the sale of children, child prostitution and child pornography after it had signed it.
NORBERTO LIWSKI, the Committee Expert who served as country co-rapporteur to the report of New Zealand, said that the Mäori population and Pacific Islanders were behind in the enjoyment of rights under the Convention when compared to the rest of the population. Eight out of ten people of European origin lived longer than Mäoris and Pacific Islanders because of their easy access to old age funds. The rate of infant mortality was higher among the Mäori and Pacific Islanders. With regard to the prison population, the Mäoris seemed to be over represented. The number of school dropouts of Mäori children was higher than others. The Mäoris were also among those affected by a lack of adequate health services.
Other Committee Experts raised questions under the main subjects of general measures of implementation; definition of the child; and general principles. Several Experts said that report was easy to read; however, it was fragmented. They asked, among other things, about the effectiveness of the preventive measures against suicide; the prohibition of corporal punishment; the situation of Mäori children in the absence of compulsory education; the situation of child poverty; the status of the Convention under domestic legislation; the rights of disabled children; treatment of children by the police and discrimination against them; the registration of births without names, particular those of refugee children; and training of professionals dealing with children.
In response, the members of the New Zealand delegation said Mäori people were supported instead of being directed. Most of the policies affecting them incorporated their values. The indigenous people of New Zealand were part of the collective society of the country. The measures taken by the State party concerning the rights of indigenous children to maintain their identities was in conformity with the spirit of the Convention.
New Zealand would review its reservation on article 37 of the Convention concerning the separation of children from adults in prisons, the delegation said. After the completion of its legislation on the issue, it would consider withdrawing its reservation. Also, concerning its reservation on article 22 of the Convention on the non-provision of benefits to children unlawfully in New Zealand, the Government would review the extent it would cost it for education with regard to those children before considering its position. New Zealand provided a wide range of services and entitlement for people who were lawfully in the country; however, under the New Zealand law, persons who were unlawfully in the country were not entitled to receive state-funded income support or education.
On the best interest of the child, the delegation said that a reform on the adoption act was being tabled before the legislative body. The adoption act was adopted in 1955 and needed revision to include aspects that satisfied the needs and wishes of adopted children. In the proposed reform, the consent of the adopted child would be required, which was not the case under the current law. A new regulation on the assisted human reproductive process had also been drafted to deal with the health conditions of children born by this process.
Responding to a question on the Treaty of Waitango, the delegation said that it was a constitutional text that fixed the relationship between the Mäori and the Crown. It was also a document that the Government was committed to preserve and implement; and the text was considered sacred by the Mäoris themselves.
The delegation said that the provisions of the Convention could be invoked before a court, and many cases involving family rights and child custody had already been raised in the courts.
The Committee Experts continued to raise questions under the main subjects of civil rights and freedoms; and family environment and alternative care. Questions were asked on such issues as the right of adopted children to know their biological parents; ill-treatment of Mäori children in prisons; the election of pupils in student councils; the quality of teaching in schools; and the high rate of custodial sentences for children, among other things.
Responding, the members of the delegation said that there was no guarantee that the budget surplus, if allocated to child welfare improvement, might represent an improvement of their situation. A sound fiscal policy and the on-going economic structural measures could improve the welfare situation of children.
The Social Service had been conducting a survey and collecting data on the economic and welfare situation of the society to identify needs arising from poverty, the delegation said. The figures and information collected by the Service would be used to apply measures against poverty. So far, access to social assistance and other benefits were available to those in need. The Government was implementing plans against child poverty and had been increasing social assistance to low income families with children.
Accessibility to quality childcare and early schooling had been ensured for all children, the delegation said. The Ministry of Education was also endeavouring to provide quality education to all children of school age. The Government believed that investment on education at an early age would be beneficial to the society.
On revising the minimum age of criminal responsibility, the delegation said that there was a serious concern within the society about crimes committed by young people. However, the 14-year threshold had been maintained. New Zealanders had been debating whether the age limit for prosecution of criminal offences should be lowered due to the high number of crimes committed by minors. However, there had been no law change and minimum ages had remained the same. The Government would like to have the cases of youth offenders continue to be examined by family and youth courts.
New Zealand was changing its legislation to bring it in line with the provisions of the Optional Protocol on the sale of children, child prostitution and child pornography, the delegation said. It was also planning to reform its criminal code to include a provision that would punish publishers and distributors of child pornography with prison terms of up to 10 years, as in Canada and United Kingdom.
The disability strategy was a national issue and all Government agencies were required to implement the policy on disability, the delegation said. The policy was aimed at improving the situation of disabled persons, including children. Discrimination against children with disabilities was an issue for New Zealand and was an area of great concern. The Human Rights Act 1993 offered legal protection against discrimination on the basis of disability.
Initial Report of New Zealand on the Optional Protocol on Children Involved in Armed Conflicts
The initial report of New Zealand on the Optional Protocol to the Convention on the Rights of the Child on children involved in armed conflicts (CRC/C/OPAC/ NZL/1) says that in order to implement the Optional Protocol, the Defence Act 1990 was amended to prohibit the direct participation of children under 18 years of age in active duties. It has also declared a voluntary recruitment minimum age of 17 years and outlined the safeguards to ensure that recruitment is not forced. Operational practice, in the form of New Zealand Defence Force Orders, implements the Optional Protocol with regard to the minimum age for voluntary recruitment and the safeguards for the minimum recruitment age, including ensuring that recruitment is genuinely voluntary; that recruitment is done with the informed consent of parents or guardians; that recruits are fully informed of the duties involved in military service; and that reliable proof of age is provided.
Introduction
ANNE CARTER, Chief Executive, Ministry of Youth Affairs of New Zealand, said the ratification of the Optional Protocol demonstrated New Zealand’s continued strong support for the protection of children’s rights in a specific area that was of global concern. The New Zealand Defence Force was committed to protecting children’s rights both in respect of its overseas operations and through its voluntary recruitment process and employment of 17-year olds into the New Zealand armed services. The country was committed to the Optional Protocol and had undertaken legislative amendments to better implement its provisions. New Zealand had not entered a reservation to the Optional Protocol and had taken steps to ensure that duties performed by voluntary recruits into the armed services were in line with the best interests of the child and their right to life, survival and development.
Discussion
Commenting on the initial report, Committee Experts lauded New Zealand’s leading role in peacekeeping and its contribution towards peace and security around the world. New Zealand was among the first countries that had ratified the Optional Protocol to the Convention, and the first to submit a report on it. They also congratulated New Zealand’s efforts to prepare the report. The delegation was asked how firmly imbedded was the minimum recruitment age of 17 years in the country’s legislation.
Responding to the comments made by the Committee Experts, the members of the delegation said New Zealand’s Defence Force would continue to monitor the recruitment process so that the provisions of the Optional Protocol were observed.
Concerning the dissemination of the provisions of the Optional Protocol, the delegation said that through the armed forces themselves, the provisions would be widely disseminated, including the teaching about children’s rights.
Recruitment in the army was voluntary and it was done with the informed consent of parents or guardians, the delegation said. The New Zealand Defence Force had responsibility for managing the recruitment and selection of service personnel in conjunction with the armed forces. Individuals should not be recruited for service until they had reached the minimum age of 17 years. An individual who had not attained the age of 18 years, and who was not, or had not been, married, was not to be recruited without the prior written consent of a parent or guardian.
Preliminary Remarks
MS. SARDENBERG thanked the delegation for the valuable information it had provided to the Committee, which had enlightened it on several issues. She regretted that the concerns of the Committee which had already been referred to in its previous concluding observations, on corporal punishment and the withdrawal of reservations, had not been properly heeded to. She said that much attention should be given to Mäori and their children in all areas of the rights under the Convention. As a democratic country, New Zealand should use the Convention as a political tool in order to promote the rights set forth in the treaty. In its entire political agenda, the State party should made children subjects of rights and transform its perceptions into action.
MS. CARTER said the dialogue with the Committee would help to enhance the ongoing implementation of the Convention in the country. The implementation of the Convention was the responsibility of New Zealand, although the Experts had contributed to it through their questions.