Te Kāhui Tika Tangata Human Rights Commission

Kia ora! Just one week till we gather an exciting and diverse group of disability rights advocates for a conversation about leadership with Kaihautū Tika Hauātanga | Disability Rights Commissioner Prudence Walker. The panel includes Kera Sherwood-O'Regan, Amy Clements, Jaden Movold, Creatif Kate, and others. You're invited to register for the event in the Zoom link below. The event marks International Day of Persons with Disabilities on December 3.

‘Amplifying Disabled People’s Leadership’ Webinar Discussion Tuesday 3 December 2024, 12 - 1pm International Day of Persons with Disabilities (IDPD) 2024 Kaihautū Tika Hauātanga Disability Rights Commissioner Prudence Walker will host a panel conversation on amplifying disabled people’s leadership for a more inclusive world. Zoom registration link: https://lnkd.in/dkmPRnrK NZSL interpreters will be in attendance and live captioning will be available. A recording of the session will be available with transcript. Read more about IDPD 2024 at https://lnkd.in/ducnMfyr #DisabilityDay #IDPD #EveryoneIncluded, #GlobalGoals #CRPD

The Commission recently intervened in a Court of Appeal case 'Wairarapa Moana Ki Pouākani Incorporation v the Attorney-General' out of concern for the right to justice for Wairarapa Moana Inc claimants. The Court of Appeal is considering the courts’ power to review a section of Tiriti o Waitangi settlement legislation for compliance with the New Zealand Bill of Rights Act. Wairarapa Moana Inc is challenging the inclusion of their claim in the settlement between the Crown and the wider Ngāti Kahungunu ki Wairarapa Tāmaki nui-ā-Rua in a Claims Settlement Act. The Act, which prohibits all further litigation about claims included in the settlement, was passed into law within days of the Supreme Court agreeing that Wairarapa Moana Inc could have their claim for resumption of land at Pouākani assessed by the Waitangi Tribunal. Resumption, involving the return of certain lands, is one of the few circumstances where the Waitangi Tribunal can make binding recommendations. The Settlement Act acknowledges the harm caused by the land confiscation and the breach of promises but does not compensate for it. Rather, it extinguished the claims. From the Commission’s point of view, the decision is problematic because it stops access to justice.  The case has a long and complex background. In summary, the Crown provided Pouākani land to the people of Wairarapa Moana in 1916 as compensation for Crown acquisition of Wairarapa Moana in 1896. The Pouākani land was later re-taken by the Crown. Wairarapa Moana Inc’s claim to the land has been the subject of litigation in the Waitangi Tribunal through to the Supreme Court. In its submissions to the Court of Appeal, the Commission provided context about the right of access to justice under section 27 of NZBORA, and the inter-relationship with international human rights obligations under the International Covenant on Civil and Political Rights (ICCPR) and the UN Declaration on the Rights of Indigenous Peoples (UNDRIP). Under the Human Rights Act 1993 the Commission can appear as an intervener in court cases that have implications for human rights in Aotearoa New Zealand. The Commission’s Rongomau Take Take Indigenous Rights Governance Partner Dayle Takitiumu spoke to e-tangata about the case: https://shorturl.at/qYPy9 You can also read more about the Commission’s intervention on our website. https://shorturl.at/cmxBw

In its submission calling for a halt to the Treaty Principles Bill, the Commission recalls the words of Bishop Manuhuia Bennett who described Te Tiriti o Waitangi as ‘the promise of two peoples to take the best possible care of each other’. Te Tiriti is the core agreement that affirms a place to belong and to stand for everyone in Aotearoa New Zealand. “The Commission firmly opposes the Bill and regards it as unnecessary, unworkable and in breach of human rights and Tiriti obligations. “A thriving, inclusive future for Aotearoa depends on honouring Te Tiriti as a commitment between Tangata Whenua and the Crown, where decisions are not unilaterally made by one for the other. "The pathway that this Bill sets us on is one of broken promises, breaches of human rights, and the creation of conflict, uncertainty and ongoing grievances, that future generations will be left to resolve,” the submission concludes. Read our submission on the Commission website at: https://shorturl.at/F1PQP

EEO Commissioner Saunoamaali'i Karanina Sumeo spoke to a passionate group of fund managers and others from the investment community. She gave a presentation ‘Connecting the Dots: A human rights perspective on ethical investment’ which also discussed the importance of reporting on gender and ethnic pay gaps. Commissioner Sumeo said it was a privilege to meet with such a passionate and considered group and benefit from their insights. It was also inspiring to see their commitment to ensuring their work upholds human rights and their desire to achieve more in this space. Thank you to Jane Arnott MNZM from The Ethics Conversation for her vision and energy in bringing this group together, and Dr Rodger Spiller and Barry Coates for their insight and Pathfinder for generously hosting the event.

Protecting migrant workers from being exploited in Aotearoa New Zealand is taking a back seat to moves to reduce costs. Equal Employment Opportunities Commissioner Saunoamaali'i Karanina Sumeo has expressed frustration at the lack of progress being made by the Government. “We need significant policy changes to ensure that the AEWV scheme includes and protects the human rights of people who work in our businesses and economy in exchange for a pathway to improve their lives and that of loved ones. The changes need to include requirements for ethical recruitment and an end to the tying of visas to a specific accredited employer.” Just recently a case before the Employment Relations Authority highlighted the inherent weakness of the system. The unequal relationship allowed the employers to use their power to introduce an ‘insidious’ system where they paid their migrant workers less than minimum wage and less than what was originally agreed. The Commissioner welcomed a recent announcement from the Government that from December 2024, more partners of AEWV holders will have open work rights in New Zealand. This is a positive step supporting the right to live and raise a family together and for children to be with their parents, but we must do more. Read our review on the link ⬇ ⬇ https://lnkd.in/gUrJEuu7

Last week, the Commonwealth Forum of National Human Rights Institutes met and had interesting and relevant sessions around human rights. These discussions and connections will assist and support us to carry out our functions around the commonwealth. We made a declaration, the Apia Declaration calling on our Commonwealth Heads to demonstrate support and commitment for human rights.

From 27 September Pasifika women started working for free until the end of the year. From 14 October: Māori women start working for free From 8 November: All women start working for free Pay discrimination, gender and ethnic pay gaps continue to persist in New Zealand. “In response to pay inequity the Government has developed a voluntary tool to focus primarily on gender pay gap reporting. "This decision lacks urgency and willfully neglects glaring evidence that racism, ableism, migrant exploitation, bullying and sexual harassment in workplaces affect pay, progression, income security, and preparation for a dignified life in retirement." The Commission - alongside women’s groups, unions, businesses, young workers, private individuals, public service, Tangata Whenua and Pacific communities - has called for discriminatory pay practices to be eliminated. Saunoamaali'i Karanina Sumeo - EEO Commissioner

An updated action plan to eliminate family and sexual violence and the introduction of pay transparency legislation are some of the actions needed to improve the rights of women in Aotearoa New Zealand. The Commission’s Acting Chief Commissioner Saunoamaali'i Karanina Sumeo was speaking to the United Nation’s Committee on the Convention on the Elimination of all forms Discrimination Against Women (CEDAW) in Geneva. While Te Tiriti o Waitangi affirmed Māori rights to sovereignty and self-determination Māori women and girls continued to experience inequities across most wellbeing measures, she said. The New Zealand Government was now working through a programme that would further undermine the rights of Māori women. This included dis-establishing the body created to advance Māori health equity and self-determination and reviewing the role the Waitangi Tribunal, the primary avenue for Māori to raise claims about Crown breaches of Te Tiriti. The UN CEDAW Committee was urged to recommend to the New Zealand Government that it advance and implement an updated Te Aorerekura: National Strategy and Action Plan to Eliminate Family Violence and Sexual Violence. Funding to prevent and respond to sexual and gender-based violence in Aotearoa had recently been reduced, she said. In written evidence the Commission said 177,452 family harm investigations were recorded by the New Zealand police in the year to June 2023 – which was a 49% increase from 2017. In addition, rates of violence against disabled people were much higher than those for non-disabled. The Government had also ended a safety-focused regulatory review of online services and platforms before completion, despite a rise in targeted online attacks on women and girls in private and public life.  Pay discrimination, gender and ethnic pay gaps persisted in New Zealand, the UN CEDAW Committee was told. The gender retirement gap widened in every age group category throughout women’s working lives, culminating at 26.9% in the last decade pre-retirement. Women aged 65+ are among the most at risk of homelessness. “In response to pay inequity the government has decided to develop a voluntary tool to focus primarily on gender pay gap reporting. This decision lacks urgency and willfully neglects glaring evidence that racism, ableism, migrant exploitation, bullying and sexual harassment in workplaces affect pay, progression, income security, and preparation for a dignified life in retirement, especially for women,” she said. Find more about CEDAW and the Commission's report to the United Nations. https://lnkd.in/g9kZNViC

Extensive law and policy changes, accompanied by new austerity measures by the New Zealand Government, have meant human rights in Aotearoa New Zealand are falling behind, the United Nations (UN) has been told. Acting Chief Commissioner Saunoamaali'i Karanina Sumeo was commenting on the Government’s formal response to the 259 recommendations made by UN member states in May to improve New Zealand’s human rights. Every five years New Zealand is reviewed on the global stage for its human rights record, through a process called the Universal Periodic Review (UPR), overseen by the UN Human Rights Council. The Government has formally responded to the 259 recommendations agreeing to support 168, partially support 12 and note 79. Visit our website on the link below for the Government's response and a transcript of the Acting Chief Commissioner's video. https://shorturl.at/EXQmt