A/HRC/12/50
consultation process, the panel had reported to the Attorney-General and the Government
was currently considering how to respond to its recommendations.
335. The delegation indicated that New Zealand had not accepted the recommendation to
ratify the Convention on the Rights of All Migrant Workers and Members of Their Families,
ILO Convention No. 169 or the Optional Protocol to the International Covenant on
Economic, Social and Cultural Rights, but that it had undertaken to ratify the Optional
Protocol to the Convention on the Rights of the Child on the sale of children, child
prostitution and child pornography. New Zealand was also examining which legislative
reforms would be required to move towards ratifying the Convention for the Protection of All
Persons from Enforced Disappearance, and was committed to working progressively
towards a withdrawal of its few remaining reservations to human rights treaties.
336. As stressed by the delegation, a number of recommendations called for New Zealand
to ensure that its legislation and policies gave effect to its human rights obligations. Noting
that some rights were given effect in New Zealand through a variety of appropriate
measures, the delegation stated that this was a subject under regular review, and that it
accepted these recommendations.
337. Regarding the treaty of Waitangi, the delegation indicated that public discussion of
its status certainly would continue, and that entrenchment as a constitutional norm was a
possible outcome of that discussion, but not the only one.
338. The delegation stressed that a new broad-based approach had been developed to
address the individual, family, community and justice sector factors that contributed to
offending and victimization. Mindful of the overrepresentation of Maori in the criminal
justice system as both offenders and victims, New Zealand was committed to addressing
these factors in a concerted way. In the coming months, the Government would consider a
number of priorities to address this issue.
339. The Child and Family Protection Bill had been introduced into Parliament in August
2009, introducing changes to ensure that courts can act to protect children and families
from all forms of violence and abuse. The bill also contained the last legislative amendment
required for New Zealand to ratify the Second Optional Protocol to the Convention on the
Rights of the Child.
340. To conclude, the delegation stressed that New Zealand had learned from its
involvement in the universal periodic review, with a reinforcement of contacts with the
wide human rights constituency and a greater understanding of New Zealand’s own human
rights situation.
2.
Views expressed by Member and observer States of the Council on the review
outcome
341. While welcoming the endorsement by New Zealand of more than 90 per cent of the
recommendations, Algeria regretted that its own recommendation to examine the possibility
of adhering to the International Convention on the protection of the Rights of All Migrant
Workers and Members of Their Families had not been accepted. Algeria would have
appreciated the endorsement by New Zealand of the outcome document of the Durban
Review Conference. Algeria welcomed New Zealand’s agreement to consider the
recommendations to take further measures to ensure full and consistent protection of human
rights in domestic law and policies, and to take action to provide constitutional protection to
national and international human rights instruments and standards. Algeria would have
appreciated the acceptance of its recommendation to bring legislation into line with the
International Covenant on Civil and Political Rights.
113
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