MOJ- CERD report card
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MOJ- CERD report card Presentation Transcript

  • 1. New Zealand’s Report under the International Convention on the Elimination of all forms of Racial Discrimination (CERD)
    Presentation to Diversity Forum
    21 August 2011
    Adam Dubas
  • 2. Overview of presentation
    Place of CERD in UN Treaty system
    Procedure in putting together draft CERD Report
    Content of draft CERD Report
    What do we want for commentators?
    Next steps
    2
    CERD Report
  • 3. Place of CERD in UN Treaty System
    CERD: International Convention on the Elimination of all forms of Racial Discrimination
    Entered into force in 1969
    174 parties
    NZ ratified in 1972
    Reports considered by Committee on the Elimination of Racial Discrimination
    New Zealand has submitted 11 reports
    3
    CERD Report
  • 4. Committee on Elimination of Racial Discrimination
    18 independent experts
    Considers State party reports
    Issues “General Comments” on CERD articles
    Can consider individual reports where State party has accepted competence (NZ has not)
    Early warning measures directed at preventing existing problems from escalating into conflicts
    4
    CERD Report
  • 5. Putting together the CERD Report (1)
    Sources of material:
    HRC CERD Concluding recommendation monitoring chart
    Other reporting obligations (CEDAW, CRPD, UPR)
    Core document and previous CERD Reports
    Direct request to Government departments
    5
    CERD Report
  • 6. Putting together the CERD Report (2)
    Guidance on content of Report:
    Text of treaty
    Responses to concluding recommendations
    General comments
    UN Guidelines on the Form and Content of Reports
    Reports of other States
    6
    CERD Report
  • 7. Putting together the CERD Report (3)
    Time line for preparation of draft Report:
    November 2010: email from HRC re What is most important?
    January 2011: preparation of framework of Report
    February 2011: request to departments for material
    May 2011: First draft of report and consultation with departments
    July 2011: Finalization of draft Report
    August 2011: Cabinet approval of draft Report and consultation
    7
    CERD Report
  • 8. Content of CERD Report (1)
    Article 9 of CERD:
    “States Parties undertake to submit [...] for consideration by the Committee, a report on the legislative, judicial, administrative or other measures which they have adopted and which give effect to the provisions of this Convention”
    8
    CERD Report
  • 9. Content of CERD Report (2)
    Particular issues:
    over-representation of Māori and Pacific peoples in the criminal justice system
    slow recovery for Māori and Pacific peoples employment following the global recession
    encouraging Māori and Pacific youth to continue with their education, and
    unsatisfactory health outcomes for Māori and Pacific people.
    9
    CERD Report
  • 10. Content of CERD Report (2)
    Recent initiatives:
    New Zealand’s support of the United Nations Declaration on the Rights of Indigenous Peoples
    the increased pace of historic Treaty of Waitangi negotiations, and
    the repeal of the Foreshore and Seabed Act 2004 and the enactment of the Marine and Coastal (Takutai Moana) Act 2011.
    10
    CERD Report
  • 11. What do we want for commentators?
    Questions in feedback form:
    Does the draft CERD Report accurately represents the implementation of CERD in New Zealand?
    Are there are any issues that the draft CERD Report should address but does not?
    Are there any issues in the draft CERD Report that are not adequately covered?
    Are there are any issues discussed in the draft CERD Report that should not be discussed, and if so, what are they?
    11
    CERD Report
  • 12. Next steps
    August – September 2011: Consultation period
    21 September 2011: Ministry of Justice CERD Roundtable
    October 2011 – January 2012: Consideration of feedback and drafting final Report
    February 2012: Submission of CERD Report to UN
    August 2013: Likely date of consideration of NZ CERD Report
    12
    CERD Report
  • 13. Thank you
    For more information, please see the Ministry of Justice’s Human Rights page:
    http://www.justice.govt.nz/policy/constitutional-law-and-human-rights/human-rights