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CHILDREN MISS OUT
INTRODUCTION
In October 2003 the UN Committee issued its Concluding Observations to the review of the Government’s compliance with the Convention on the Rights of the Child. In recent months the Ministry of Youth Development has posted on its website the current response to these Concluding Observations under the heading of the Five Year Work Programme 2004-2008.
Link: http://www.myd.govt.nz/Rights/rightsanduncroc.aspx
There are however a number of items (numbered as in the text) that have not been made public.
No 5 - Government to make sustained efforts to address issues in the initial report (1997).
Commentary: Most key items are addressed in the2003 report. This is an administrative observation of little consequence apart from the obvious implication that numerous items remain to be resolved 14 years after the ratification of the Convention.
No 7b - The Committee asks that discussions continue to extend the Convention to apply to Tokelau.
Commentary: The children of Tokelau are New Zealand Citizens. However the Tokelau government is seeking independence and New Zealand is reluctant to interfere on this matter. A referendum is to take place on20-24 October 2007 to decide if the local people wish to become self governing. New Zealand provides substantial aid to Tokelau ($13 million) and the question of human rights issues needs to be addressed one way or another to ensure the safety and wellbeing of the children in Tokelau. http://www.acya.org.nz/?t=104
No 11 - It is recommended that the Government establish a permanent mechanism to coordinate matters pertaining to the Convention.
Commentary: New item 29 (placing children at centre of policy making) on the work programme may aim to address this but no information has been provided.
No13 - The mandates for the Office of the Commissioner for children and Human Rights Commission need to be clarified.
Commentary: It is understood that a Memorandum Of Understanding has been prepared, and details are being sought. The role of the Families Commission also needs to be considered.
Adequate resources are required to be provided to the Office of the Commissioner for Children.
Commentary: No increased resource allocation was provided in the 2007 Budget. It would be surprising if the Commissioner is able to complete all the tasks set out in her Statement of Intent for 2006/7let alone address issues for 2007/8.
No 24 - Government is required to provide information in the next report for matters arising from the 2001 World conference against Racism.
Commentary: We were advised that this is not in work programme because Government is to make a report in November 2008 but this assumes no work has to be done in the meantime The Government reported on the Convention on Elimination of Racial Discrimination (CERD) and the Committee has made its report back to New Zealand.
No 26 - The Government is required to review legislation and regulations affecting children especially to allow the voice of children to be heard.
Commentary: It is understood that the Office of the Commissioner for Children have carried out a detailed review of all legislation which is being considered by the Government. It is hoped that the outcome of this review will be available by early 2008. The Evidence Act has given children better rights of participation in legal matters affecting the individual.
No 40 - The committee asks that adequate resources are made available to implement the New Zealand Disability Strategy, in respect of children.
Commentary: A very surprising omission. The explanation given by MYD is that annual reports are available from other sources.
No 50 - A number of issues have been raised by the Committee regarding Juvenile Justice.
Commentary: Again a surprising omission. Several matters are receiving attention under work items 4 &5 but more information is required.
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