New Zealand – IMM situation

IMM name: The Independent Monitoring Mechanism, comprising of three parties: the Disabled Persons Organizations (DPO) Coalition, the Human Rights Commission and the Office of the Ombudsman

IMM type: National Human Rights entity, Ombudsperson entity, and a coalition of Disabled Persons Organisations

CRPD ratification date: 25 February 2008

IMM legal framework: A decision made by the Cabinet in 2010

New Zealand ratified the CRPD on 25 February 2008. There is a clear mandate and funding for the IMM through a 2010 Cabinet decision. Factors promoting the success of the CCMG; in the view of the Country Rapporteur for the 2014 country review, New Zealand’s IMM is in a strong position compared to many other countries. The 2014 concluding observations of the UNCRPD Committee commended New Zealand for its implementation of an IMM. Strengths of the New Zealand IMM related to the CCMG include a clear mandate and funding for the CCMG in the 2010 Cabinet Paper Support for disabled people led monitoring from the other IMM agencies (HRC and OTO), the wider disability sector and government A process for monitoring the experiences of disabled people through primary data collection. These factors create a setting for the CCMG to participate in the IMM successfully.

The IMM is comprising of three parties, the Disabled Persons Organisations (DPO) Coalition; the Human Rights Commission; the Office of the Ombudsman, a National Human Rights entity, an ombudsperson entity and a coalition of Disabled Persons Organisations. The IMM’s mandate is through a Cabinet decision. The 2010 Cabinet Paper, which established the CCMG, referred to a monitoring framework for the CCMG’s monitoring. The UNCRPD provides some structure for the monitoring and its reporting, as does the DRPI method.

The IMM is also mandated with the following functions:

• Promoting the rights of persons with disabilities, including through education, outreach, the media, training and capacity building, all organisations involved in the IMM fulfil these roles
• Protecting the rights of persons with disabilities, including by receiving, investigating and resolving complaints, or by mediating conflicts and monitoring activities and reporting, the Office of the Ombudsperson and the Human Rights Commission fulfil these roles
• Monitoring the implementation of the CRPD, this role is fulfilled collectively; in addition, the DPOs are funded annually to undertake disabled people-led research and publish a report on how the Disability Convention is being progressively realised in New Zealand. The methodology is based on the research methodology known as the Disability Rights Promotion International (DRPI) publish a report using the report on.

The IMM undertakes/has undertaken the following activities:

• Developing a plan to monitor the implementation of the CRPD by the State
• Evaluating policy, legislative and administrative compliance with the CRPD
• Offering legal and policy advice to ensure compliance with the CRPD and other relevant international human rights obligations of the State
• Initiating or undertaking research studies on the rights of persons with disabilities
• Receiving and considering complaints or reviewing the outcome of complaints received by the NHRI
• Undertaking investigations on the rights of persons with disabilities
• Submitting alternative reports to the CRPD Committee and other relevant human rights treaty bodies or international human rights mechanisms
• Participating in the preparation of the State party’s periodic reports to the CRPD Committee
• Cooperating with other domestic mechanisms, as appropriate, such as the Parliament, the National Preventive Mechanism (NPM), National Human Rights Institutions (NHRI) and Equality Bodies, with the aim to reinforce human rights monitoring and reporting at the national level
• Liaising with the focal point(s) designated within government under Article 33(1) for matters relating to the Convention’s implementation
• Liaising with National Mechanisms for Reporting and Follow-Up on matters relating to implementation of the CRPD.

Participation of persons with disabilities in the monitoring process:

The IMM’s membership is composed of persons with disabilities and representatives of organisations of persons with disabilities. Seven disabled peoples’ organisations (DPO)s participate as a coalition. Each of these organisations are national membership organisations of disabled people and are governed by disabled people. Furthermore, women with disabilities and their representative organizations participate in the membership and managerial functions of the independent monitoring mechanism. In terms of the process of selecting and appointing members to the IMM, the DPO Coalition is represented on the IMM by two of the organisations in the Coalition- the seven DPOs rotate the membership. The elected Presidents of the DPOs representing the Coalition, supported by their organisations executive officers, attend the IMM meetings alongside the Office of the Ombudsman and the Human Rights Commission.

The monitoring activities in which persons with disabilities or their representatives’ organizations have been involved include monitoring of public policies and legislation concerning persons with disabilities. Persons with disabilities take part in the decision-making process of the Independent Monitoring Mechanism, they have a voice and the right to vote. Persons with disabilities attend the decision-making process of the Independent Monitoring Mechanism, they have a voice throughout the deliberations.

Furthermore, persons with disabilities as designated experts on disability are invited and/or hired to support specific programmes in the Independent Monitoring Mechanism. Persons with disabilities monitoring their rights may submit findings or allegations of human rights violations to the Independent Monitoring Mechanism. Persons with disabilities identifying themselves as self-advocates are invited to join specific monitoring activities by the Independent Monitoring Mechanism. In terms of a formal structure for involving persons with disabilities and their representative organisations in the monitoring process, the Disabled Persons Organisations (DPO) Coalition are members and full participants of all the functions of the IMM. In addition, as the IMM develops reports, disabled people are involved in public consultation to inform the development of the reports. As noted in previously, the DPO Coalition is funded to provide an annual thematic report on New Zealand's progressive realisation of the principles and articles of the Convention. This is disabled people-led, disabled people implemented and only seeks information from disabled people.

Guidelines for DPO meetings: costs and fees (June 2021) These guidelines set out a consistent and fair approach for meeting the costs of the Disabled People’s Organisations’ (DPOs) Coalition and their representatives when engaging with government agencies under the New Zealand Disability Strategy and the New Zealand Disability Action Plan either directly as a Coalition or within advisory groups.

Note: If you wish to rectify or provide more information regarding your IMM, please contact ohchr-CRPDIMM@un.org