Human Rights Foundation (New Zealand)

The Human Rights Foundation of Aotearoa New Zealand is a non-governmental organisation in New Zealand, which seeks "to promote and defend human rights through research based education and advocacy.[1]"

The Foundation purports to do this by making submissions on bills that might involve human rights issues and investigating New Zealand's compliance with international obligations. The Foundation also takes an interest in human rights issues in the Pacific Islands.[1]

The Foundation was established in December 2001[1] and was incorporated as a charitable trust on 23 October 2001 under the Charitable Trusts Act 1957.[2]

Organisation

Members of the Foundation can either be ordinary members or Foundation (Life) Members, depending on the membership fee paid.[1]

The Officers of the Human Rights Foundation are its Patron, the Chairperson, the Secretary and the Treasurer, who are all selected by an election.[3] Control of the Foundation resides with a Management Committee, consisting of the Chairperson, the Secretary, the Treasurer and up to eight committee members.[4]

The Human Rights Foundation's current Chairperson is Peter Hosking, who comes from a legal background and has worked in the human rights field.[5] Hosking has been a consultant to the United Nations Office of the High Commissioner for Human Rights and to the United Nations Development Programme.[5] He was also formerly the Proceedings Commissioner for the New Zealand Human Rights Commission.[5]

Former Governor-General of New Zealand Dame Silvia Cartwright is the Patron of the Foundation.[1]

Members of the Management Committee include Margaret Bedggood, who was the Chief Commissioner of the Human Rights Commission (New Zealand) from 1989-1994 (during which time the Human Rights Act 1993 was passed) and was on Amnesty International's Executive Committee from 1999-2005,[5] and Tim McBride, who wrote the New Zealand Handbook of Civil Liberties[6] and was a founding member of the Human Rights Foundation.[5]

Purposes and values

The Foundation’s constitution states that it was established for four key purposes.

  • Promoting through education an understanding of the importance of internationally recognised human rights,
  • Promoting respect for human rights principles and their widespread application,
  • Promoting the relevance of human rights principles to economic, social, cultural, environmental and technological developments,
  • Making knowledge about human rights widely accessible[7]

At the launch of the Human Rights Foundation on 18 December 2001, Dame Silvia Cartwright stated that it was necessary for the human rights infrastructure to have "an active civil society, to ensure grassroots participation, to hold the watchdogs accountable and to contribute a broader understanding of human rights and their implementation".[8] She also spoke of how she had been told that the Foundation would make it a priority to "make practical and theoretical links across human rights issues".[8]

The constitution also sets out the values upon which the Foundation operates, including respect to the Treaty of Waitangi, a concept of rights recognising both individual and group rights and the realisation of individual human potential.[9]

Submissions

The Human Rights Foundation has made a number of submissions on New Zealand bills. Some of their submissions are made in conjunction with other human rights organisations, such as the Equal Justice Project, which is an initiative run by University of Auckland students seeking to provide access to equal justice.[10] The Foundation's submissions have included the Human Rights Amendment Bill,[11] the Crimes of Torture Amendment Bill,[12] the Criminal Procedure (Reform and Modernisation) Bill,[13] the Immigration (Mass Arrivals) Amendment Bill 2012[14] and recently, the Government Security Bureau (GCSB) and Related Legislation Amendment Bill.[15]

GCSB Bill 2013

In May 2013, the Government Communications Security Bureau and Related Legislation Amendment Bill was introduced.[16] The stated purpose of the bill was to amend the Government Communications Security Bureau Act 2003, the Inspector-General of Intelligence and Security Act 1996 and the Intelligence and Security Committee Act 1996, in order to make the statutory framework around the Bureau clearer.[17] The bill amended the objectives,[18] functions,[18] powers[19] and limitations provisions.[19] The amendments gave the GCSB the authority to provide assistance to the New Zealand Defence Force, the New Zealand Police and the New Zealand Security Intelligence Service when carrying out their lawful functions.[18] The amendments also clarified when the GCSB’s powers of interception can be used. Before the amendments, the Act stated that the powers could only be used for the purpose of obtaining foreign intelligence.[19] The bill amended section 13 to say that the powers of interception could also be used for information assurance and cybersecurity.[19] The section stating that GCSB could not conduct foreign intelligence activities against New Zealanders was adjusted so that this only applies to the foreign intelligence function, not the information assurance and cybersecurity functions.[19]

The bill was split into three bills, the Government Communications Security Bureau Amendment Bill, the Inspector-General of Intelligence and Security Amendment Bill and the Intelligence and Security Committee Amendment Bill. They each had their third readings on the 21 August 2013[20] and each received Royal Assent on the 26 August 2013.[21][22][23]

The Human Rights Foundation's submission on this bill, made extensive references to the individual's right to privacy.[24] They expressed concern that the monitoring of individuals would also affect the right to freedom of expression, peaceful assembly and association.[24] These rights are contained in both the New Zealand Bill of Rights Act 1990[25] and the International Covenant on Civil and Political Rights,[26] which New Zealand ratified on 28 December 1978.[27] They argued that the changes to section 14 and the insertion of new sections 15A and 15B mean that New Zealand citizens and permanent residences can be monitored in a wider range of situations. This was previously safeguarded against in the 2003 Act and the Foundation submitted that this deviation was not justified.[28] They also stated their concern that the proposed amendments to the Intelligence and Security Committee Act 1996[29] would not do enough to counter the concerns about the GCSB's compliance, as raised in a report by Secretary of the Cabinet Rebecca Kitteridge.[30]

Shadow reports

Part of the Human Rights Foundation's activities is producing shadow and alternative reports. These are reports that are presented alongside official reports to United Nations monitoring bodies. On 29 November 2012 the Human Rights Foundation was awarded the New Zealand Law Foundation Shadow Report Award, providing them with a $10,000 grant to assist them with this work.[31] The award was presented by the Law Foundation New Zealand Chair Warwick Deuchrass, who said on behalf of the Law Foundation "we believe shadow reporting is a valuable contributor to the treaty monitoring process".[31] The Human Rights Foundation plans to use the money "to provide more in-depth reports to a wider range of UN organisations",[31] according to Chairperson Peter Hosking.

The Human Rights Foundation's shadow and alternative reports have included the following:

New Zealand's Universal Periodic Review
Main article: Universal Periodic Review of New Zealand

The Universal Periodic Review (UPR) is a process through which the human rights records of United Nations member states are reviewed by the Human Rights Council. The Office of the High Commissioner for Human rights states that the aim of the process is "to improve the human rights situation in all countries and address human rights violations wherever they occur.[36]"

Non-governmental organisations, such as the Human Rights Foundation, may prepare stakeholder reports to be considered alongside the official State report.

New Zealand's First Universal Periodic Review

This was considered on 7 May 2009.[37] The Human Rights Foundation and the Equal Justice Project conducted an analysis of which of the 64 resulting recommendations were and were not accepted by the New Zealand Government.[38]

New Zealand's Second Universal Periodic Review

For the second cycle of New Zealand's Universal Periodic Review, the Human Rights Foundation, in conjunction with Peace Movement Aotearoa,[39] produced a coordination of the reports of non-governmental organisations wanting to contribute.[40][41]

New Zealand's second UPR was considered on the 27 January 2014[42] and a final outcome has not currently been released by the Office of the High Commissioner for Human Rights.

Information about New Zealand and the UPR process is available here[43]

Refugee issues

Ahmed Zaoui

The Human Rights Foundation supported Ahmed Zaoui, who was granted refugee status in New Zealand by the Refugee Status Appeals Authority (RSAA) but was detained in solitary confinement due to the fact that he was issued with a National Security Risk Certificate.[44]

The Human Rights foundation supported Zaoui by informing the public on the details of his case[45] and by helping to raise financial assistance towards his legal expenses.[44]

Education

The Human Rights Foundation has also compiled a reference text which discusses economical, social and cultural rights in New Zealand. The book, Law into Action: Economic, Social and Cultural Rights in New Zealand,[46] was edited by Kris Gledhill and Margret Bedggood, who is on the Management Committee of the Foundation.

References
  1. Human Rights Foundation "About the Foundation" (Retrieved 5 May 2014)
  2. "Charitable Trusts Act 1957 No 18 (as at 12 November 2018), Public Act – New Zealand Legislation". www.legislation.govt.nz. Retrieved 6 June 2019.
  3. "Charities Services | Home". register.charities.govt.nz. Retrieved 26 January 2021.
  4. Human Rights Foundation Constitution, section 8
  5. Human Rights Foundation "Staff and Management Committee" (Retrieved 5 May 2014)
  6. Tim McBride New Zealand Handbook of Civil Liberties (Price Milburn, Auckland, 1973)
  7. Human Rights Foundation Constitution, section 2
  8. Dame Silvia Cartwright, Former Governor-General of New Zealand "Launch of the Human Rights Foundation" (18 December 2001)
  9. Human Rights Foundation Constitution, section 4
  10. The Equal Justice Project "About" (Retrieved 5 May 2014)
  11. Human Rights Foundation "Submission to the Justice and Electoral Committee on the Human Rights Amendment Bill 2013"
  12. Human Rights Foundation "Submission to the Foreign Affairs, Defence and Trade Committee on the Crimes of Torture Amendment Bill 2006"
  13. Human Rights Foundation "Submission to the Law and Order Select Committee on the Criminal Procedure (Reform and Modernisation) Bill 2011"
  14. Human Rights Foundation "Submission to the Transport and Industrial Relations Select Committee on the Immigration Amendment Bill 2012"
  15. Human Rights Foundation "Submission to Intelligence and Security Committee on the Government Communications Security Bureau and Related Legislation Amendment Bill 2013"
  16. New Zealand Parliament "Government Communications Security Bureau and Related Legislation Amendment Bill" (Retrieved 5 May 2014)
  17. Government Communications Security Bureau and Related Legislation Amendment Bill (109-1), Explanatory note, at 1
  18. Government Communications Security Bureau and Related Legislation Amendment Bill (109-1), Explanatory note, at 3
  19. Government Communications Security Bureau and Related Legislation Amendment Bill (109-1), Explanatory note, at 4
  20. (21 August 2013) 692 NZPD 12689
  21. "Government Communications Security Bureau Amendment Act 2013 No 57, Public Act – New Zealand Legislation". www.legislation.govt.nz. Retrieved 6 June 2019.
  22. "Inspector-General of Intelligence and Security Amendment Act 2013 No 58 (as at 28 September 2017), Public Act – New Zealand Legislation". www.legislation.govt.nz. Retrieved 6 June 2019.
  23. "Intelligence and Security Committee Amendment Act 2013 No 59, Public Act – New Zealand Legislation". www.legislation.govt.nz. Retrieved 6 June 2019.
  24. Human Rights Foundation "Submission to Intelligence and Security Committee on the Government Communications Security Bureau and Related Legislation Amendment Bill 2013" at p.2
  25. New Zealand Bill of Rights Act 1990, ss 14, 16 and 17
  26. International Covenant on Civil and Political Rights 999 UNTS 171 (opened for signature 16 December 1966, entered into force 23 March 1976), arts 17, 19, 21 and 22
  27. Ministry of Justice "International Covenant on Civil and Political Rights" (Retrieved 5 May 2014)
  28. Human Rights Foundation "Submission to Intelligence and Security Committee on the Government Communications Security Bureau and Related Legislation Amendment Bill 2013" at p.9
  29. "Intelligence and Security Committee Act 1996 No 46 (as at 28 September 2017), Public Act Contents – New Zealand Legislation". www.legislation.govt.nz. Retrieved 6 June 2019.
  30. Rebecca Kitteridge Review of Compliance at the Government Communications Security Bureau (March 2013)
  31. The Law Foundation New Zealand "Inaugural Human Rights Award Announced" (press release, 4 December 2012)
  32. Human Rights Foundation Shadow report to the 15th, 16th, and 17th consolidated report of the New Zealand Government under the International Convention on the Elimination of All Forms of Racial Discrimination being considered by the United Nations Committee on the Elimination of All Forms of Racial Discrimination (June 2007)
  33. Human Rights Foundation Alternative report on the 5th periodic report of the New Zealand Government under the International Convention Against Torture being considered by the United Nations Committee Against Torture (April 2009)
  34. Human Rights Foundation Alternative report on the 5th periodic report of the New Zealand Government under the International Covenant on Civil and Political Rights being considered by the United Nations Human Rights Committee (March 2010)
  35. Human Rights Foundation Shadow report to the 18th, 19th and 20th consolidated report of the New Zealand Government under the International Convention on the Elimination of All Forms of Racial Discrimination being considered by the United Nations Committee on the Elimination of All Forms of Racial Discrimination (January 2013)
  36. Office of the High Commissioner for Human Rights "Universal Periodic Review" (Retrieved 5 May 2014)
  37. Office of the High Commissioner for Human Rights "UPR - New Zealand" (Retrieved 5 May 2014)
  38. Human Rights Foundation and Equal Justice Project "Universal Periodic Review Progress Chart" (Retrieved 6 May 2014)
  39. Peace Movement Aotearoa (Retrieved 6 May 2014)
  40. Human Rights Foundation "The HRF and the UPR" (Retrieved 6 May 2014)
  41. Human Rights Foundation Universal Periodic Review of New Zealand, 18th session of the Working Group on the UPR, January/February 2014, Joint Stakeholders Report Coordinated by the Human Rights Foundation of Aotearoa New Zealand"
  42. Office of the High Commissioner for Human Rights "UPR 2nd Cycle - New Zealand" Archived 2014-04-30 at the Wayback Machine
  43. "Universal Periodic Review of the New Zealand government's human rights record". www.nzupr.org. Retrieved 26 January 2021.
  44. Human Rights Foundation "Current Projects" (Retrieved on 7 May 2014)
  45. Zaoui v Attorney General (No 2) [2006] 1 NZLR 289
  46. Margaret Bedggod and Kris Gledhill (eds) Law into Action: Economic, Social and Cultural Rights in New Zealand (Thomson Reuters, Wellington, 2011)
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