HRF NEWS
Keeping you abreast
of the Foundation's activities
and recent human
rights developments
HRF mAKES SUBMISSION ON sEARCH AND sURVEILLANCE bILL
The Auckland Council for Civil Liberties and the HRF have compiled a joint submission on new search and surveillance legislation and spoke to the Bill in a teleconference call with the Justice and Electoral Select Committee of Parliament. The submission is available here.
The submission is critical of many provisions in the Bill which greatly extend the powers of state agencies, particularly those other than the police or intelligence agencies.
There is also provision for “examination orders” which represent a serious legislative threat to the individual’s fundamental human right to silence.
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HRF JOINS THE nGO COALITION FOR AN OPTIONAL PROTOCOL TO THE INTERNATIONAL COVENANT ON eCONOMIC, SOCIAL AND CULTURAL rIGHTS
The HRF has joined the campaign for the ratification and implementation of this new Optional Protocol
Human rights violations occur every day in different countries and regions around the world. The victims all have one thing in comm.on; they are denied access to justice
Take Action Now!
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HRF jOINS OTHER nGOS IN DEVELOPING A RESPONSE TO UNITED NATIONS UNIVERSAL PERIODIC REVIEW OF NEW ZEALAND
In September 2008, the Human Rights Foundation convened a meeting in Auckland with like-minded organisations to coordinate civil society submissions to the Universal Periodic Review process at the Human Rights Council. New Zealand is scheduled for its review in May 2009.
The Foundation worked with other groups to produce a number of thematic reports by interested coalitions of organisations. Action for Children and Youth Aotearoa (ACYA) led a report focused on children; Peace Movement Aotearoa (PMA) led a report focused on indigenous rights, and the Foundation led a report on broader human rights issues, including immigration, the introduction of the Taser, women’s issues, economic, social and cultural rights and international justice.
The Foundation was invited to attend a Commonwealth Secretariat workshop on the UPR process, held in London and attended by high level representatives of state, national human rights institutions and civil society. Peter Hosking represented the Foundation.
Civil society reports were submitted in November last year. The Government draft report was released last month week and the HRF responded to the call for comments on the Government report. The Foundation continues to monitor the process. The joint NGO Coalition submission coordinated by the HRF can be viewed on the UN website here.
Background information on the UPR process is included below, including contacts for other joint and thematic submissions. For further information and updates, see: http://www.converge.org.nz/pma/nzupr09.htm
JOINT SUBMISSIONS – COORDINATORS and CONTACTS
Thematic joint submissions
Children: Action for Children and Youth Aotearoa (ACYA)
Contact: Peter Shuttleworth, feedback@acya.org.nz
Women: Women's International League for Peace and Freedom (WILPF)
Contact: Joan Macdonald, joanmac@pl.net
Civil and Political Rights, including immigration/refugee/asylum seekers:
Human Rights Foundation
Contact: Margo Baars, margo.hrf@ihug.co.nz
Treaty issues and indigenous peoples’ rights: Peace Movement Aotearoa
Contact: pma@xtra.co.nz
Economic, Social and Cultural Rights: Human Rights Foundation
Contact: Margo Baars, margo.hrf@ihug.co.nz
Overarching joint submission
Human Rights Foundation
Contact: Margo Baars, margo.hrf@ihug.co.nz
BACKGROUND
New Zealand is due for its UPR in May 2009. The UPR is a new human rights mechanism established in 2006. Through the UPR, the Human Rights Council, made up of representatives of 47 United Nations member states, reviews the fulfillment of human rights obligations by member states every four years.
The review covers state performance under the UN Charter, the ICCPR, the ICESCR and other human rights treaties to which the state is a signatory.
This process is distinct from the review of state performance under individual treaties, which is done through the treaty bodies, by Committees made up of independent experts who have no state affiliation. The UPR is done by the Human Rights Council – a group of states, and is a broad review covering overall performance.
Non-governmental organisations, and civil society more broadly, can contribute to the UPR process by making submissions to the Office of the High Commissioner for Human Rights (OHCHR). Submissions by single organisations have a limit of 5 pages; those made by coalitions of organisations have a limit of 10 pages.
More detailed and factual reports can be appended to the submissions.
For some, contributing to a joint submission might enable concerns to be recorded in the UPR process, where otherwise this might not have been possible due to a lack of resources. Also, having some issues incorporated into a relevant joint submission might allow space for other issues to be covered in an individual submission.
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AGM SEES NEW COMMMITTEE ELECTED
The HRF held its AGM on 17 December 2009, and there have been a number of changes to the Officers and Committee.
Patron: Dame Silvia Cartwright was retained as the Foundation’s patron.
Chairperson: Tim McBride
Secretary: Peter Hosking (also Executive Director)
Treasurer: Position vacant
Committee:Geraldine Whiteford, Lane West-Newman, Margaret Bedggood, Sue Elliott, Kris Gledhill, David Ryken, Ced Simpson.
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"DRACONIAN" IMMIGRATION BILL fAILS TO PASS
Parliament failed to pass the Immigration Bill before the election. It was "laid on the table" and has been revived by the new administration. The HRF was extremely pleased at achieving the deferral of the Bill through its joint advocacy with Amnesty International and and the Federation of Islamic Associations of New Zealand.
However, little has been altered in the reintroduced Bill to take account of the issues we raised although some protection issues have improved.
The HRF will now work to ensure that the Bill is further improved.
2 November 2007 - The HRF has lodged a submission opposing many aspects of the Immigration Bill. The HRF's full submission can be read here and a summary of the HRF's concerns here.
10 October 2007 - In response to a request for a general extension of time by the HRF, Amnesty International and the Federation of Islamic Associations of New Zealand, the Transport and Industrial Relations Committee has agreed to an extension of three weeks for the filing of submissions on the Immigration Bill. The new deadline is Friday 2 November.
3 October 2007 - HRF organises, with Amnesty International and the Federation of Islamic Associations of New Zealand, a public meeting to discuss concerns about the Immigration Bill. The meeting, attended by 80 organisations and institutions, unanimously resolves to request an extension of the extremely short time for filing submissions.
14 September 2007 - The government has introduced a new Immigration Bill which overrides important human rights protections. If passed it will prevent refugees like Ahmed Zaoui from having classified information about them reviewed.
14 September 2007 - Radio NZ Story - New Immigration Bill out of step with other countries - Zaoui Lawyer Read Story
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LAW INTO ACTION: Publication underway
The Foundation is coordinating a book, which we hope to publish later this year. The book is called Law into Action: the implementation of economic, social and cultural rights in New Zealand.
We identified a gap in the available literature for a publication which explores the historical and potential implementation of economic, social and cultural rights in New Zealand in a way that is inclusive, functional, and readily applicable to ‘doing’ rights and making positive changes in our country. The publication will be both comprehensive and accessible to as wide an audience as possible.
Our many contributors are experts in their fields, including both academics and practitioners.
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CAMPAIGN
AGAINST THE TASER (CATT) 
The HRF is one of the
founders of CATT,formed to oppose Police plans to introduce the
American-made Taser stun gun into New Zealand policing operations.
In February, a Police press release announced plans to introduce
Tasers, initially for use in five major Police districts including
Auckland and Wellington. In overseas jurisdictions where the Taser
gun has been introduced, there has been mounting concern and controversy
over its use. In America alone, there have been over 150 deaths
in which the use or abuse of the Taser by police and other law enforcement
officials has been implicated. The HRF supports the CATT campaign
because:
- In New Zealand, where the Police do not routinely carry firearms,
there is no possible justification for the Taser's introduction.
The New Zealand public does not support routine arming of the
Police;
- With major concerns currently being voiced about the use and
abuse by Police of pepper spray, it is critical that all of the
implications of the proposed introduction by the Police of Taser
guns be thoroughly scrutinised. Pepper spray, an incapacitating
weapon which the Police already have, is now being misused by
individual Police officers, in ways never anticipated by New Zealanders
when it was introduced;
- The Police have not remotely established a sufficient justification
for their move to introduce the Taser. All current proposals should
be halted until they have been independently inquired into and
fully justified, both to the New Zealand public and also to Parliament,
which bears the ultimate responsibility for the welfare and safety
of all New Zealanders.
CATT opened the campaign with a public
meeting in Auckland on Tuesday 6 June 2006 at 7.30pm. View
a media report of the meeting, and the response of the Police
Minister.
Recently, the Commissioner of Police decided that the limited use of Tasers be operationalised. Having recently received information obtained from the Police under the
under the Official Information Act, CATT is preparing a report on the trial.
For further information:
Visit the CATT Website
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AHMED zAOUI fREE!
News Flash 13 September 2007
The SIS has been forced to withdraw its Security Risk Certificate issued against the refugee Ahmed Zaoui.
14 September 07 HRF Media Release - SIS in damage control
The Human Rights Foundation says the withdrawal of the Ahmed Zaoui security risk certificate by the SIS is an exercise in damage control. The SIS obviously realised it was going to fail in its legal case against Mr Zaoui before the independent High Court Judge acting as the Inspector General of Security says Peter Hosking, the Foundation’s Executive Director... Read the full media release here
View Video of the Media conference of Mr Zaoui and his lawyers here
14 September 2007 - Scoop Article by Gordon Campbell: Zaoui - The Final Chapter? Read Article
JUSTICE
FOR aHMED zAOUI
Ahmed Zaoui is a democratically
elected member of the Algerian parliament who was forced to flee
Algeria following a military takeover. He arrived in New Zealand
in December 2002 as a refugee seeking safety and justice.
Instead he spent all his time here until 10 December 04 in custody,
nearly half of it in solitary confinement in Paremoremo, without
being charged and despite being officially declared to be a refugee
by the Refugee Status Appeal Authority. If returned to
Algeria, he faced torture and death.
Mr Zaoui was the subject of a National Security Risk Certificate which was recently lifted by the SIS after Mr Zaoui challenged the need for it in the Courts.
The Foundation has been assisting
in raising funds towards the legal costs and expenses being incurred
by Mr Zaoui in order to bring witnesses to New Zealand to appear
before the Inspector-General of the SIS in the review of the security
risk certificate. If you wish to contribute to the costs incurred, send your cheque (made out to "Human Rights
Foundation: for Ahmed Zaoui legal expenses for witnesses") to:
Human Rights Foundation
PO Box 106343
Auckland City
EARLIER DEVELOPMENTS
30 July 07 - Scoop Article by Gordon Campbell The Special Advocates' Dilemma Read Article
30 July 07 - NZ Herald Article Zaoui hearing re-starts today Read Article
9 July 07 - Scoop Article by Gordon Campbell Zaoui Review gets underway Read Article
7 July 2007 - NZ Herald Article Zaoui to get hearing by details still secret Read Article
8 June 2007 - Dominion Post Opinion Piece by Peter Hosking Read Opinion
19 February 2007- NZ Herald Article Report criticises rush to judgement on Zaoui Read Article
18 February 2007 - NZ Herald Article Revelations Police tried to trick Zaoui Read Article
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Break-in at Zaoui
lawyer's premises
The HRF has written to
the Director of the SIS, and the Inspector General of Intelligence
and Security about a break in at the premises of Ahmed Zaoui's lawyer,
Deborah Manning, on Saturday 17 June
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Hearings in Secret
The HRF wrote to the Inspector-General
last year about the process to be followed in reviewing the Security
Risk Certificate - the HRF was concerned at the extent to which
hearings would be public, while having due regard to the need for
confidentiality in relation to classified information. The Inspector
General responded that the hearings would be held in private.
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22 March 2006
- Parliamentary Questions and Answers - Read
Q & A
March 2006 - Independent
Article - Robert Fisk - Algerian under death
sentence faces deportation Read
Article
21 June 2005 -
HRF calls for Security Certificate to be Withdrawn
Following the release
of the latest Supreme Court Decision, the Foundation has called
for the Security Risk Certificate to be withdrawn immediately. Read
HRF Media Release
12 May 2005 -
Opinion Piece from NZ Herald Rodney Harrison: Winston's
Weapons of Mass Hysteria Read
Opinion
21 May 2004 -
UN Committee criticises long detention of asylum seekers like Ahmed
Zaoui
After receiving a report
from the HRF, the United Nations Committee against Torture has told
the New Zealand Government that "over-prolonged solitary confinement
of asylum seekers [like Ahmed Zaoui] may amount to cruel, inhuman
and degrading treatment".
Read the Foundation's
media statement
Read the CAT
Committee report
Read the Foundation's
report to the CAT Committee
COURT DECISIONS
The Courts have consistently
supported Ahmed Zaoui's human rights in the face of government opposition.
Read the decisions here:
Supreme Court June 05
"Human Rights and
Serious Danger to Security" Decision
Supreme Court Dec 04 "Release
on bail" decision
Supreme Court Nov 04 "Entitlement
to bail hearing" decision
Court
of Appeal Sept 04 "human rights" decision
BACKGROUND
We
recommend you view:
and make up your own mind
about whether he is any danger to New Zealanders.
You can also look at the
"summary
of allegations" made against Ahmed Zaoui by the SIS and
his
lawyers' submissions and their
media response.
You can also contact
us to purchase a copy of the book: Ahmed Zaoui at the Refugee
Status Appeals Authority.
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tRAINING OF INDONESIA OFFICIALS
The HRF is the successful tenderer to train a total of 22 Indonesian officials and representatives of NGOs in both Indonesia and New Zealand. This initiative is consistent with the HRF's commitment to human rights promotion and education and also contributes to the Foundation's independence in providing a further source of funding for its activities. It is funded by NZAID - the official New Zealand Agency for International Development.
The training is taking place in Indonesia and New Zealand over a period of two and a half years, and is aimed at improving human rights knowledge, education and training at the national level and increased exposure of key Indonesian personnel to the experiences and lessons of other countries in dealing with Human rights issues. As of March 2009, the training in New Zealand is complete and seminars were held in Jakarta in April and in Lombok in November 2008 - another is due to be held in Jakarta in May 2009
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SUBMISSIONS AND OTHER REPORTS
From time to time the HRF makes submissions to Parliamentary Select Committees and other review bodies on the human rights implications of Bills and other administrative practices and proposals. Recent submissions include:
Terrorism Suppression Amendment Bill - May 2007
Social Security Amendment Bill - March 2007
Submission on the Composition of the Annual Refugee Quota (1/06/07 - 30/06/08) - Nov 2006
Corrections (Mothers with babies) amendment bill - September 2006
Human Rights (Women in Armed Forces) Amendment Bill - October 2006
Maori Purposes Bill - September 2006
Terrorism Suppression Amendment Bill
In May, 2007, the HRF told the Parliament that the Terrorism Suppression Amendment Bill gives rise to serious concerns over New Zealand’s compliance with international human rights law. Human rights concerns about earlier anti-terrorism provisions expressed in 2002 and 2005 are greatly compounded by the proposed Bill.
The Foundation abhors violence and terrorism, which themselves involve violations of human rights, and acknowledges the difficulty of balancing security requirements with guaranteeing human rights. But in the view of the HRF, the wrong balance is being struck in this Bill. As Kofi Annan has said: “If we compromise on human rights in seeking to fight terrorism, we hand terrorists a victory they cannot achieve on their own.”
Social Security Amendment Bill
The HRF considers there are aspects of the Bill that enhance New Zealand’s adherence to the international human rights framework with regard to the right to social security – eg the reduction of stand down periods and the expansion of the definition of children. These changes will enhance access to social security and reduce undue hardship.
However, there are other aspects of the Bill which concern the HRF: the purposes and principles; requirements of sickness and invalids beneficiaries; and pre-benefit activities and benefit applications. Lack of clarity in these clauses could be a threat to the effective provision of due process, one of the component parts of achieving the right to social security as it is understood in international law.
The HRF is also concerned at aspects of the active rather than a passive approach to unemployment as a social risk that the Bill represents. Unemployment programmes should include “a right to freely chosen work, a right to appeal and a right to move freely from one job to another”.
Submission on the Composition of the Annual Refugee Quota
The HRF comments on three issues arising from the proposed 2007/2008 Refugee Quota: quota levels in comparison with spontaneous arrivals, prioritising human rights protection, and the screening and assessment process. The HRF also makes recommendations for a revised Refugee Quota Composition for 2007/2008.
Read Submission
Immigration
Review
The HRF made
a submission on the government's immigration review, which among many other changes
proposes that immigration officers be given powers of search and
entry. The main aim of the measures set out in the Discussion Paper appears to allow the New Zealand Immigration Service to be responsive to the labour market in a way that best meets New Zealand’s needs. The Foundation has serious concerns whether and/or how well this can be achieved with this proposed Bill due to the following:
- Lack of certainty for potential migrants meaning New Zealand could fail to attract the best migrants
- Lack of transparency and accountability in the system
- Breaches of NZ obligations under the NZBORA due to the use of classified information
- The cumulative effect of the measures failing to meet human rights norms and therefore New Zealand’s obligations
The main recommendations of the Human Rights Foundation are as follows:
To not allow the introduction of “classified information” into the Immigration Act
- To not expand the powers of the DoL, particularly regarding arrest, search and entry
- To allow legal aid to refugee claimants to pursue reviews of their detention and applications under NZ’s international obligations
- To expand the oversight role of the Human Rights Commission. This requires s149B of the current Immigration Act to be amended.
Read the HRF submission here
HRF
makes submission on Crimes (Abolition of Force as a Justification
for Child Discipline) Amendment Bill
The HRF's submission
to Parliament's Justice and Electoral Select Committee says that
s.59 of the Crimes Act, which allows a "reasonable force"
defence for parents who assault their children, breaches New Zealand's
international obligations including under the Convention on the
Rights of the Child and the Convention against Torture. The United
Nations Committee on the Rights of the Child has said:
"The Committee is
deeply concerned that despite a review of legislation, the State
party has still not amended section 59 of the Crimes Act 1961,
which allows parents to use reasonable force to discipline their
children."
Read
the HRF submission to find out why the HRF supports the amendment.
HRF
supports Crimes of Torture Amendment Bill
The HRF supports the Bill, which is intended
to ensure New Zealand complies with its obligations under the Optional
Protocol to the Convention Against Torture. However, the HRF has
told Parliament's Foreign Affairs, Defence and Trade Select Committee
that the Bill requires amendment in several important respects.
The submission will be published here once it has been considered
by the Select Committee.
Youth
Rates - HRF tells Parliament's Transport and Industrial
Relations Select Committee...
that young people should
be not be discriminated against on pay rates - they should receive
the same pay as adult workers doing the same work. The HRF has made
a submission on the Minimum Wage (Abolition of Wage Discrimination)
Amendment Bill. The submission will be made available publicly
when the Committee has considered it.
HRF
presents submission on Identity (Citizenship and Travel Documents)
Bill
The HRF opposes the detail
of the proposed legislation and that no case for further laws in
this area has been made out (7 October 04).
Download
Submission
Foundation
presents submission on Civil Union Bill...
to Parliamentary Select
Committee - the HRF broadly supports the legislation
Download
Submission
Housing
submission prepared
he HRF has lodged a submission
on the Government's housing strategy paper Building the Future
Download
Submission
Court
of Appeal overturns High Court decision on refugee detentions
The Court of Appeal
has ruled that the Immigration Service has the power to detain refugee
status claimants on their arrival in New Zealand. This effectively
overturns the High Court decision that the government's practice
of routinely detaining asylum seekers was unlawful. You can download
the Court of Appeal
decision or the earlier High
Court decision as well as the High Court Judge's earlier interim
decision that those detained were entitled to make immediate
bail applications.
Read the Foundation's press release
about the issuing of the proceedings, or download the statement
of claim.
We have also archived
the reports from the NZ Herald.
The Foundation gratefully acknowledges the dedication and expertise
of its legal team: Dr Rodney Harrison, QC, and Deborah Manning,
with assistance from Margaret Lewis and Ryken and Associates
UN
Report backs up HRF position on refugee detentions
The United Nations Human
Rights Committee has criticised New Zealand for its policy of routinely
detaining asylum seekers, about which the HRF took legal proceedings
against the Government.
Download the story in
the NZ Herald (MS Word doc) and the UN
Committee's report (MS Word doc).
Freedom's
Ramparts on the Sea
The HRF and the Refugee
Council have issued a report outlining their concerns over the routine
detention of asylum seekers since September 2001. Funded by Amnesty
International, Freedom's Ramparts on the Sea details the
impact the routine detention policy has had on New Zealand's refugee
system. It also highlights areas of refugee policy that need urgent
attention. Download the report.
 Membership
and Sponsorship Opportunities
Now that we are up and
running we need your help to keep us going. There are several categories
of membership - apply using our online
membership form. We are also looking for ongoing sponsors
of the website. Or you can donate.
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