New Zealand: UN provides good guidance on OPCAT obligations
Chief Human Rights Commissioner Rosslyn Noonan says the response of the United Nations to New Zealand’s latest report on compliance with the UN Convention Against Torture offers clear guidance for the Government.
Chief Human Rights Commissioner Rosslyn Noonan says the response of the United Nations to New Zealand’s latest report on compliance with the UN Convention Against Torture offers clear guidance for the Government.
A New Zealand delegation presented the country’s five yearly report on its obligations under the Convention against Torture (OPCAT) to the United Nations in Geneva at the beginning of May.
Commissioner Noonan attended the review, representing the New Zealand Human Rights Commission.
She said that while the Committee members clearly acknowledged New Zealand had performed well in comparison with many countries, their recommendations provide a useful basis to address areas of concern.
The UN Committee Against Torture’s report welcomed the constructive dialogue with the New Zealand delegation and noted this country had made good progress in meeting its obligations under the Convention.
The Committee noted a range of positive developments, including New Zealand’s ratification of the Convention’s Optional Protocol, to provide for independent monitoring of all detention facilities.
However, the UN Committee Against Torture has singled out four issues for which it requests progress reports within a year:
- the roll out of tasers by the New Zealand Police
- conditions of detention in prisons
- how the justice system deals with historic claims of abuse
- New Zealand’s reservation about Article 14 of the Convention against Torture.
The UN Committee said it was deeply concerned at the use of tasers, because of their potentially harmful physical and mental effects. It said this goes against the Convention’s requirements to take steps to prevent any form of torture or ill treatment.
The Committee also had concerns about the extent of their use on groups such as Maori and young people.
On prison conditions, the UN Committee said the forecast overcrowding might lead to violence. It was concerned at the lack of mental health and legal services for mentally ill inmates and called for caution around the use of restraints.
It asked New Zealand to investigate properly the "historic" cases of abuse in children’s homes and psychiatric hospitals and ensure victims were able to claim compensation and rehabilitation.
The Committee was concerned that New Zealand still had a reservation to Article 14 of the Convention, which covers victims’ rights to compensation. It urged NZ to withdraw its proviso that awarding compensation for torture is at the discretion of the Attorney-General.
Date: 19 May 2009
