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Von Tigerstrom, Barbara; Davidson, Scott; Conte, Alex --- "Human Rights Reporting and Conference Statements" [2004] NZYbkIntLaw 17; (2004) 1 New Zealand Yearbook of International Law 331


HUMAN RIGHTS REPORTING AND CONFERENCE STATEMENTS

Barbara von Tigerstrom, Scott Davidson and Alex Conte*

New Zealand is a party to the Universal Declaration of Human Rights, as well as all six of the principal international human rights instruments: the Convention on the Elimination of All Forms of Racial Discrimination 1965,1 the International Covenant on Civil and Political Rights 1966,2 the International Covenant on Economic, Social and Cultural Rights 1966,3 the Convention on the Elimination of All Forms of Discrimination Against Women 1979,4 the Convention Against Torture and other Cruel, Inhumane or Degrading Treatment or Punishment 1984,5 and the Convention on the Rights of the Child 1989.6 Reporting obligations exist under each of these instruments.

Set out below are brief summaries of reports by New Zealand considered by human rights monitoring bodies during the Yearbook period, as well as conference statements made by New Zealand at international human rights forums.

I. Reporting to Human Rights Monitoring Bodies

During the Yearbook period, the following reports were submitted and/or considered:

New Zealand’s Core Document Forming Part of the Reports of States Parties;7

Fourth Periodic Report under the International Covenant on Civil and Political Rights;8

Second Periodic Report under the International Covenant on Social, Economic and Cultural Rights;9

Fifth Periodic under the Convention on the Elimination of All Forms of Discrimination Against Women;10

Combined Twelfth, Thirteenth and Fourteenth Periodic Reports under the Convention on the Elimination of All Forms of Racial Discrimination;11

Third Periodic Report under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment;12

Second Period Report under the Convention on the Rights of the Child;13

A. Core Document Forming Part of the Reports of States Parties

The Core Document, as the name suggests, is one that accompanies reports to specific treaty monitoring bodies for the purpose of providing an overview of the State’s structure, economy and people. New Zealand’s Core Document of 16 October 2002 sets out the physical geography and location of New Zealand and the non-self-governing territory of Tokelau; ethno-linguistic, religious, gender and age characteristics of the population; New Zealand’s economy, unemployment and literacy rates; and the general political structure of the nation, including special consideration of the Treaty of Waitangi. Particular attention is paid to outlining the key pieces of domestic legislation within which human rights are protected, set out as including the New Zealand Bill of Rights Act 1990; Human Rights Act 1993; Ombudsman Act 1975; Official Information Act 1982; Privacy Act 1993; the Police Complaints Authority Act 1988; Children, Young Persons and Their Families Act 1989; and Health and Disability Commissioner Act 1994. The Core Document describes the domestic remedies available to an individual who claims to have his or her human rights violated, including compensation and rehabilitation; and the means by which rights are positively protected.

B. Fourth Periodic Report under the International Covenant on
Civil and Political Rights

In July 2002, the United Nations Human Rights Committee issued its concluding observations on New Zealand’s Fourth Periodic Report to the Committee. The Committee, overall, reacted in a very positive way, commenting that the various measures adopted and laws enacted by New Zealand were most impressive and bore testimony to New Zealand’s commitment to attain the highest standard in the achievement of human rights.14

The content of New Zealand’s report to the Committee and, in turn, the Committee’s responses consider two broad issues: matters pertaining to the substantive rights contained within the International Covenant; and the methods by which those rights are incorporated and given effect to within New Zealand’s legislative framework. Within the first category of issues, consideration was given to the prohibition against discrimination and the various rights enumerated within the New Zealand Bill of Rights Act 1990. Notably, mention was not made by either New Zealand or the Committee about the rights to privacy and self-determination.15 As was done by the Committee in response to the Third Periodic Report, adverse comment was made about the legislative status of human rights law in New Zealand, the New Zealand Bill of Rights Act being an Act that cannot be held to invalidate or render other legislation ineffective. New Zealand emphasised that, notwithstanding that status, domestic courts had developed remedies under the latter Act pertaining to civil damages, stays of prosecution and declarations of inconsistency / incompatibility.

C. Second Periodic Report under the International Covenant on
Economic, Social and Cultural Rights

New Zealand’s second periodic report under the International Covenant on Economic, Social and Cultural Rights was presented on 12 May 2003 (E/1990/6/Add.33). This lengthy report covers mainly the period July 1990 to December 1997, but includes some later developments. It contains discussion of the status of Tokelau and its movement toward full self-governance in connection with article 1 (self-determination). With respect to article 2 (implementation), the report expresses doubts as to the justiciability of many of the Covenant’s norms and notes the decision not to include economic, social and cultural rights in the New Zealand Bill of Rights Act 1990, but states that such rights are implemented through “other legislation and administration, and the common law” and given some protection through the Bill of Rights Act and the Human Rights Act 1993, particularly with regard to non-discrimination. Development cooperation policy is also discussed as a means of implementation.

With respect to articles 6 (right to work) and 7 (conditions of work), key developments discussed include: reductions in unemployment; the Employment Contracts Act 1991; the Human Rights Act 1993 (regarding discrimination in employment); the Health and Safety in Employment Act 1992; the Employment Relations Act 2000; development of an employment policy; and measures to address problems regarding unemployment, low salaries, and lack of qualifications among Maori and Pacific Island people. The Employment Contracts Act 1991 and Employment Relations Act 2000 were again discussed with respect to article 8 (trade union rights); in addition, the report discusses the prospects of removing its reservation to article 8 and ratifying relevant ILO conventions, in response to the Committee’s concluding observations on its first report, and indicates that the Government’s position on these matters had not changed during the reporting period. The section relating to article 9 (right to social security) reiterates the Government’s continued commitment to a comprehensive social security system but outlines reforms to the system intended to rationalize, contain costs, and focus assistance. It describes the forms of assistance available in various circumstances, including reciprocal agreements and other forms of international cooperation. With respect to article 10 (protection of family), the key developments discussed are the prohibition of discrimination on the grounds of marital or family status and the protection of victims of domestic violence. This section also discusses family and maternity benefits, and indicates that the Government did not propose, during the reporting period, to remove New Zealand’s reservation with respect to paid parental leave; the Committee’s concluding observations, however, refer to New Zealand’s statement that it intends to withdraw this reservation: E/C.12/1/Add.88, para. 8). Key developments discussed in relation to article 11 (right to an adequate standard of living) are targeted welfare assistance, in relation to which some changes and difficulties are noted, and food standards; housing and changes in housing policy are also discussed. The section relevant to article 12 (right to health) discusses the major restructuring of the health care system during the reporting period, changes to the accident compensation regime, and the disparities in health status between Maori, Pacific Island and other sectors of the population. The section on education (article 13) reports a major revision of primary and secondary curriculum, measures to facilitate a higher level of educational achievement by Maori and Pacific Islands students, and an increase in the proportion of the national budget spent on education. The establishment of a Ministry of Culture and Heritage and of a national museum are reported under article 15 (culture and science), along with funding and other measures to support cultural activities and promotion of cultural identity. Laws regarding defamation, censorship, and protection of intellectual property, and the reorganization of government support for research, science and technology are also outlined. The report concludes with a section setting out relevant information concerning Tokelau. In its concluding observations on this report, the Committee expressed its appreciation but also some concerns, in particular concerns regarding persistent disparities in wages, health status, and education.

D. Fourteenth Periodic Report under the Convention on the
Elimination of All Forms of Racial Discrimination

On 4 October 2001 New Zealand submitted its twelfth, thirteenth and fourteenth periodic reports to the Committee on the Elimination of Racial Discrimination (CERD) under article 9 of the International Convention on the Elimination of all Forms of Racial Discrimination. These reports had been due on 22 December 1995, 1997 and 1999 respectively and were submitted in one consolidated document.16 The report covers the key legislative, judicial, administrative or other measures adopted in the review period which give effect to the Convention Developments in Niue and Tokelau, to which the obligations accepted by Newunder the Convention also extend, are covered in this report. New Zealand also responds to the Committee’s Concluding Observations17 following New’s tenth and eleventh consolidated periodic report.18

The Report provides information required by articles 2 to 7 of the Convention relating to New Zealand’s legislative framework and institutional structures. A core element identified by the Government is the efforts made to eliminate disparities suffered by any disadvantaged person and group, of whatever ethnic background. The special place of Maori in this scheme was recognised and the nature of biculturalism and the role of multiculturalism in Newis identified as an important issue of debate. The centrality of the Treaty of Waitangi is clearly recognised.

A description of the Human Rights Act 1993 is provided and the role of the Office of the Race Relations Conciliator is explained. The report explains the significance of the NewBill of Rights Act 1990, in particular section 19 (freedom from discrimination on the grounds of colour, race, ethnic or national origins, religious belief, or ethical belief) and section 20 (rights of minority groups, ethnic, religious or linguistic, to enjoy the culture, to profess and practise their religion, or to use the language, of that minority). The work of the Maori Development Commissions, particularly in the fields of health, education, training and employment for Maori is also reported, as is that of the Maori Land Court under Te Ture Whenua Maori Act 1993 is considered.

The majority of the report to CERD is devoted to the measures taken by the Government to ameliorate the disparities in achievement and living conditions of Maori and Pacific Islands peoples. Initiatives in the areas of employment, education, health, housing, criminal justice, social welfare and economic affairs are thoroughly reviewed. Significant attention is devoted to Maori development and to the criminal justice system in which Maori are over-represented as a proportion of the population. In its concluding observations on New’s last report CERD requested further information on Maori electoral participation in relation to the Electoral Act 1993. The report outlines the system of MMP and the operation of the Maori role.

The prohibition of racial hatred and the promotion of racial harmony is considered in the report. The relevant legislative provisions of the Human Rights Act are noted and the methods by which the incitement of racial hatred and the promotion of racial harmony is effected are noted in some detail. The report notes certain remedial measures taken by New Zealand following comments and decisions adopted by CERD to enhance compliance with its obligations in these areas. The report also contains an account of the legislative, administrative and judicial measures in place to deal with questions of racial discrimination. It notes that successive Race Relations Conciliators have regarded handling complaints and enquiries as one of the most important aspects of the work of their Office. The procedures for handling complaints of racial discrimination under the Human Rights Act 1993 were explained in New Zealand’s earlier reports. The report also contains comprehensive information on immigration and refugees. The legislation and criteria applied to migrants and refugees is outlined in some detail, and the resettlement programmes for refugees is explained.

The measures taken by Te Puni Kokiri, the Ministry of Maori Development to comply with the programme of action for the International Decade for the World’s Indigenous People are noted, particularly the establishment of a Decade Fund in 1996 to distribute funds to community groups for projects promoting the decades objectives, including the promotion of the Maori language. The report also notes that access to media in indigenous language is recognised as essential to the promotion of the language and noted that the Maori Broadcasting Agency, Te Mangai Paho was established in 1993 to fund broadcasting services to promote Maori language and culture.

At its 1551st meeting held on 22 August 2002 CERD adopted a number of concluding observations. CERD notes a number of positive aspects, applauding in particular the abandonment of the National Government’s ‘fiscal envelope’ policy whereby settlement of Maori grievances would be limited to NZ$1 billion. It also welcomes acknowledgement of the disadvantaged position in society of minorities, especially Maori and appreciates the large number of initiatives, programmes and projects in the areas of health, education, employment, social welfare, housing, language and culture, and correctional services, which are designed to address the specific needs of Maori, Pacific Island people and persons from other groups such as refugees and ethnic minorities. CERD also welcomes the introduction of amendments to the electoral roll system, in particular the Maori electoral option, which has contributed to an appreciable increase in Parliamentary representation of Maori. Policies and initiatives designed to improve the status and use of the Maori language in various areas are also applauded. CERD notes with satisfaction that the Sentencing Act 2002 provides, in section 9 (1) (h), that where an offender commits an offence wholly or partly because of hostility towards a group of persons with common characteristics such as race or colour, this must be taken into account as an aggravating factor by the court in the sentencing process.

Among its concluding observations CERD notes some areas of concern and makes certain recommendations. These include some anxiety about the continuing disadvantages that Maori, Pacific Island people and other ethnic communities face in the enjoyment of social and economic rights; the vulnerability of Maori women to domestic violence; the disproportionately high levels of crime within Maori and Pacific Island communities and the high level of incarceration of Maori and Pacific Islander peoples in correctional facilities. CERD also invites New Zealand to examine ways in which the institution of criminal proceedings against those accused of incitement to racial hatred can be facilitated without need of the consent of the Attorney-General. The Committee also asks that better information be provided in New Zealand’s next report relative to Article 4 and in particular the measures taken to proscribe racist organisations. Concern is also expressed over the mandatory detention of asylum seekers, but the successful court challenge to this policy is noted.

II. Conference Statements

Set out as appendices to this section are statements by New Zealand at the 47th Session of the Commission on the Status of Women, and the Second Session of the United Nations Permanent Forum on Indigenous Issues in May 2003.

Appendix A
Commission on the Status of Women

Commission on the Status of Women: 47th Session

Item 3: Follow -up to the Fourth World Conference on Women and to the Special Session of the General Assembly entitled "Women 2000: Gender Equality, Development and Peace for the 21st Century"

Statement by the New Zealand Representative, 5 March 2003

Mr Chair,

New Zealand welcomes the opportunity to focus at this Commission on the important theme of violence against women and girls. The Beijing World Conference on Women, and its follow-up session, clearly defined our responsibilities to eliminate such violence. It underlined the fact that violence against women is an obstacle to equality and a violation of women’s human rights and fundamental freedoms.
Violence against women is an issue that concerns all states, whether it occurs within the family or the community, as a result of particular forms of discrimination or vulnerability, or is perpetrated by states or occurs in the context of armed conflict.
New Zealand endorses the mandate of the Special Rapporteur on violence against women, and calls on members of the Commission on Human Rights to ensure that her mandate is renewed. We urge all states to continue their cooperation with the Special Rapporteur.
New Zealand has actively promoted the end of impunity for the most horrific crimes of violence affecting women such as those committed in times of armed conflict, including systematic rape, or sexual slavery. We are pleased to acknowledge the election of seven women judges to the recently established International Criminal Court. This is a significant development, and we hope that as a result of the establishment of this court, and the inclusion of women and experts on the human rights of women, that the international community will be better equipped to respond robustly to such gross violations of women’s rights.
Mr Chair, we welcomed the release of the Secretary-General’s report on “women, peace and security” in October 2002. This important study has highlighted the particular impact of armed conflict, and its aftermath, on women and girls. It calls for the involvement of women in the negotiation of peace agreements and the need for gender sensitivity and inclusion of women in peacekeeping operations. We now urge states and all of the relevant UN agencies to work actively to ensure that the report’s recommendations are implemented.
New Zealand is committed to combating people smuggling and trafficking, with a particular focus on the Asia-Pacific region. This commitment is underlined by our ratification of the Protocol to the UN Convention Against Transnational Organised Crime on the Trafficking of Women and Children and the Smuggling of Migrants, and enactment of legislation to ensure that people smuggling and trafficking crimes attract stiff penalties.
In New Zealand, domestic violence is prohibited by law, under the Domestic Violence Act of 1995. There are also a range of programmes in place to prevent domestic violence and to respond to the victims. The Ministry of Health, for example, have focused on ensuring that the whole health sector recognise, and respond to, the victims of family violence. The Te Rito Family Violence Prevention Strategy has established a five- year plan to work towards the elimination of family violence. Importantly, this strategy recognises the gendered nature of family violence.
For many years New Zealand, through our development assistance programme, has worked with both government agencies and non-governmental organisations to eliminate violence against women in Pacific Island countries. This has included assistance to governments to strengthen legislative and welfare responses, as well as supporting women’s groups to open centres for women and children, some of which have also operated as safe houses or refuges. New Zealand has also assisted with the production of appropriate educational and advocacy material designed to raise the level of awareness of issues such as domestic violence and the rights of women.
Over the past three years, the New Zealand Police have developed an innovative community-policing programme in several Pacific Island countries. This programme has a strong focus on improving Police responsiveness to domestic violence. New Zealand Police officers have trained and worked alongside Pacific colleagues in an initiative which reaches out into communities and draws on the skills of community leaders and groups.
Mr Chair, New Zealand commends the recent Pacific regional workshop, held in Fiji, for its work in addressing the issue of violence against women. Representatives from 17 Pacific Island countries and territories attended this workshop, which aimed to strengthen partnerships for dealing with violence against women at local, national and regional levels. Presentations covered the economic and social impacts of violence, the role of religion and culture, and women in conflict situations. Examples of good practice were also described, including an extensive survey of family health and safety in Samoa.
New Zealand participated actively in the Asia Pacific Population Conference in Bangkok in December 2002. At this meeting we took the opportunity to strongly uphold the important commitments to reproductive and sexual health – as elaborated in both the Beijing Programme and Platform for Action and the outcome from the International Conference on Population and Development in Cairo in 1994. We recognise that there is still much to be done in order to fulfil these significant goals – and we must all concentrate on this objective. The extent of the HIV/AIDS pandemic makes this imperative. Globally, women now equal the proportion of men with HIV/AIDS. This has serious consequences for the well-being of families. We urge states and the relevant UN agencies to ensure that a gender perspective is incorporated into our approach to HIV/AIDS.
New Zealand appreciates the continued progress towards ensuring that consideration of gender issues is incorporated into all of the UN’s policies and programmes. Ahead of the planned Economic and Social Council review of the effectiveness of gender mainstreaming, we call on the Secretary-General to examine closely the developments so far, and assess the remaining areas of priority. We also encourage the Secretary-General to ensure that systems are in place to monitor the on-going effectiveness of gender mainstreaming – it is not a one-off activity. It is our hope that ECOSOC will devote it coordination segment in July 2004 to the important issue of gender mainstreaming within the UN system.
New Zealand continues its implementation of gender mainstreaming. Mr Chair, we have outlined previously to the Commission how gender implication statements and analysis are incorporated into policy advice contained in papers going before Ministers on key areas. There is on-going focus on the development of gender analysis tools and monitoring mechanisms to ensure the effective implementation of this policy. The government is also currently developing an Action Plan for New Zealand Women that will set goals and priority actions across government to improve New Zealand women’s economic status and well-being. The Plan will also seek to enhance opportunities for Mäori women’s (indigenous women) full participation in New Zealand society. Other groups of women that will contribute to the development of the plan include: rural women, low-income women, women with a disability, refugee and migrant women, and Pacific women.
The government is also undertaking measures to improve the collection of data disaggregated by sex and ethnicity to underpin gender analysis in the development of policy and monitor outcomes for women, including different groups of women.
The Convention on the Elimination of All Forms of Discrimination Against Women is integral to the protection and promotion of women’s rights. It is pleasing, Mr Chair, that it is the second most universally ratified human rights treaties – and we urge those remaining states to work towards ratification as soon as possible. New Zealand supports efforts to improve the efficiency and effectiveness of the human rights treaty body system.
New Zealand is conscious of the burden of human rights treaty body reporting and implementation on small states. We are pleased, however, to note the progress of Pacific Island countries in relation to CEDAW. Last year, Fiji became the first Pacific Island country to report to the CEDAW Committee. That presentation has encouraged a number of other Pacific countries to accelerate their efforts to complete and lodge initial reports. New Zealand is assisting some of these Pacific Island countries directly and is also supportive of the work of both UNIFEM Pacific and the Pacific Women’s Bureau of the Secretariat of the Pacific Community. Next month the Samoa Government will be hosting a Pacific regional workshop for those countries that have ratified the Convention but have not yet reported on their progress. The workshop will draw on the experiences of both Fiji and Samoa and will involve participants from key government agencies, NGOs and United Nations’ agencies.
Mr Chair, for our part, New Zealand looks forward to the presentation of its fifth CEDAW report to the CEDAW Committee in July this year. Significantly, we have reported on the introduction of a paid parental leave scheme, which we hope will enable us to remove our reservation to CEDAW in this respect. The CEDAW reporting process in New Zealand is a key tool for increasing women’s awareness of their rights and involving women in the process of reducing inequalities in our society.

Thank you, Mr Chair

Appendix B
United Nations Permanent Forum on Indigenous Issues

United Nations Permanent Forum on Indigenous Issues, 2nd Session

Item 5: Methods of Work

New Zealand statement: May 2003

E ngä mana, e ngä reo, e ngä waka, e ngä hau e whä
Tënä koutou, tënä koutou, tënä tätou katoa

(to all the many peoples gathered here from the four winds,
greetings, greetings, greetings to you all)

Mr Chairman,

New Zealand has strongly supported the establishment of this Forum. It is a significant step toward meeting the needs and aspirations of indigenous peoples. We believe indigenous peoples must have greater responsibility for their own affairs. And they have the right to develop and determine policies that affect them. This Forum’s emphasis on partnership and engagement is one that New Zealand wholeheartedly supports. This is a Forum for indigenous peoples by indigenous peoples.
New Zealand believes the role of States in the Forum is to maximise indigenous involvement, contribute to constructive dialogue and to support the work which the Forum undertakes. We were pleased, therefore, that member States agreed that funding should be provided from the regular budget to establish the Forum’s modest secretariat. New Zealand is also providing direct support to this secretariat. And we are very pleased with the result: we commend the secretariat for its substantial outcomes produced in such a short time.
We are pleased, too, with the continuing cooperation the Forum has received from the UN system. The reports before us from UN agencies go some way to addressing the issues raised at this Forum’s inaugural meeting last year. Maintaining this constructive and productive relationship will be crucial to achieving real progress.
We note that this event would not have been possible without the Department of Economic and Social Affairs and the Office of the High Commissioner for Human Rights. New Zealand is grateful for their cooperation. We endorse fully the role of the inter-agency support group: an essential body in helping ensure the Forum produces tangible outcomes.
The imperative must be for UN activity in the indigenous area to be focussed, to be effective and, above all, to deliver practical benefits for indigenous peoples. It is important to ensure there is clarity, understanding and appreciation of the contribution the Forum can make. The Forum should strive to improve the responsiveness of existing mechanisms rather than create new ones. At a time when the UN’s resources are so stretched it will be important to avoid duplication. In this context we are awaiting with interest the outcome of the Review of Indigenous Mechanisms mandated by ECOSOC.
Separate from the work of the Forum, but of considerable relevance to it, are the ongoing discussions in the Working Group on the draft Declaration on the Rights of Indigenous People. New Zealand is firmly committed to the elaboration of a Declaration that is predicated on rights, that is responsive, that attracts consensus and support and that is applicable to all indigenous peoples. But time is running out and all parties need to review their positions so that we can agree on a declaration by the end of the International Decade for Indigenous Peoples.
We have noted with interest the suggestion that the venue for the Forum be rotated between regions of the world. This might aid indigenous engagement and enhance the Forum’s profile. On the other hand the Forum will need to consider how this might affect interaction with relevant UN agencies along with the significant cost implications. In the meantime New Zealand welcomes visits by members of the Forum. We hope that in due course an indigenous New Zealander might be among the Forum’s members.
Finally, we acknowledge the importance of this meeting’s theme ‘Indigenous Children and Youth’. New Zealand is scheduled to make a presentation on the revival of the Māori language. This issue is particularly relevant to Māori children and youth, as they have played a key role in this area. Their efforts have contributed to the proliferation of fluent Māori language speakers we are witnessing in New Zealand today. After continual decline for several decades, we have seen the numbers of Māori speakers stabilise since 1996. Today, 25% of Māori can now speak Māori to some extent. There has been strong growth in enrolments in Māori language education programmes, with the number of Māori language teachers increasing as well. We look forward to sharing more about our experience in this area later in this meeting.

Mr Chairman, thank you.

No reira e ngä iwi, e ngä mätä waka puta noa i te ao
tënä koutou, tënä koutou, tënä tätou katoa.

(therefore, once again, to the people from throughout the world,
greetings, greetings, greetings to you all)

* Dr Barbara von Tigerstrom, Professor Scott Davidson and Alex Conte are members of the Yearbook Editorial Board and academic staff at the School of Law, University of Canterbury.

1. Ratified by New Zealand in 1975.

2. Ratified in 1978.

3. Ratified in 1978.

4. Ratified in 1984.

5. Ratified in 1989.

6. Ratified in 1993.

7. Ministry of Foreign Affairs and Trade, Core Document Forming Part of the Reports of States Parties, New Zealand, HRI/CORE/1/Add.33/Rev.2, 16 October 2002.

8. Human Rights Committee Comments on New Zealand’s 4th Periodic Report, CCPR/CO/75/NZL, 17 July 2002. For New Zealand’s report, see Ministry of Foreign Affairs and Trade, New Zealand’s Fourth Periodic Report to the Human Rights Committee, CCPR/C/NZL/2001/4, 14 May 2001. See the summary below.

9. Considered by the Committee on 12 May 2003. See also: New Zealand Ministry of Foreign Affairs and Trade, Second Periodic Report Submitted to the Economic and Social Council, E/1990/6/Add.33, 16 October 2001. See the summary below.

10. New Zealand Ministry of Women’s Affairs, The Fifth Report on New Zealand’s Progress on Implementing the United Nations Convention on the Elimination of All Forms of Discrimination Against Women, CEDAW/C/NZL/5, November 2002. Concluding observations by the Committee were not made until mid-July 2003. The report and observations will be summarised in Volume 2 of the Yearbook.

11. Ministry of Foreign Affairs and Trade, Third Periodic Report of New Zealand to the Committee on the Elimination of Racial Discrimination, CERD/C/362/Add.10, 23 October 2001. The report was considered and commented upon by the Committee at its 1551st meeting (CERD/C/SR.1551), held on 22 August 2002. See the summary below.

12. Ministry of Foreign Affairs and Trade, Third Periodic Report of New Zealand to the Committee Against Torture, submitted under article 19 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, CAT/C/49/Add.3, 9 August 2002. Concluding observations by the Committee were not made until mid-May 2004. The report and observations will be summarised in the New Zealand Yearbook of International Law Volume 2.

13. New Zealand Ministry of Youth Affairs, Second Period Report of New Zealand to the Committee on the Rights of the Child, CRC/C/93/Add.4, 12 March 2003. Concluding observations by the Committee were not made until October 2003. The report and observations will be summarised in the New Zealand Yearbook of International Law Volume 2.

14. United Nations News Centre, Human Rights Committee Concludes Consideration of New Zealand's Report, Press Release, 10 July 2002 (per Prafullachandra Natwarlal Bhagwati, the Committee’s Chairperson).

15. See Conte A, “International Reflections on Civil and Political Rights”, 8 (2002) Canterbury Law Review 480, at 483 – 487.

16. CERD/C/362/Add.10.

17. A/50/18.

18. CERD/C/239/Add.3.

Human Rights Reporting and Conference Statements

New Zealand Yearbook of International Law


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