MOJ- CERD report card

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MOJ- CERD report card

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

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