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Human Rights Commission (New Zealand)

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A national human rights institution ( NHRI ) is an independent state-based institution with the responsibility to broadly protect and promote human rights in a given country. The growth of such bodies has been encouraged by the Office of the United Nations High Commissioner for Human Rights (OHCHR), which has provided advisory and support services, and facilitated access for NHRIs to the United Nations (UN) treaty bodies and other committees. There are over one hundred such institutions, about two-thirds assessed by peer review as compliant with the United Nations standards set out in the Paris Principles . Compliance with the Principles is the basis for accreditation at the UN, which, uniquely for NHRIs, is not conducted directly by a UN body but by a sub-committee of the Global Alliance of National Human Rights Institutions (GANHRI) called the Sub-Committee on Accreditation . The secretariat to the review process (for initial accreditation, and reaccreditation every five years) is provided by the National Institutions and Regional Mechanisms Section of the OHCHR.

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57-474: The Human Rights Commission ( Māori : Te Kāhui Tika Tangata ) is the national human rights institution (NHRI) for New Zealand, operating independently from direction by the Cabinet. Founded in 1977, the commission addresses issues of discrimination, equality, and human rights through education, advocacy, and resolving complaints. It provides guidance on anti-discrimination law . The Human Rights Commission

114-684: A "B status". Those that are given "A status" are allowed to participate in discussion on the United Nations Human Rights Council discussions and more broadly, its mechanisms. The Subcommittee on Accreditation determines the "status" of each NHRI which can be appealed to GANHRI's Chair within 28 days. "C status" NHRIs are labelled as such due to a perception of non-compliance with the Paris Principles, but may still participate in gatherings as observers. The Committee reviews these decisions every five years, giving

171-719: A body that is seen to be dealing with prevalent issues (such as seen in Mexico and Nigeria), or finally to underpin and consolidate other human rights protections (such as in Australia and New Zealand). National governments wanted to establish institutions which reflected their own opinions and cultural identity more effectively. In this regard they enable states to set their own agendas that reflect their individuality. The United Nations Commission on Human Rights passed resolutions in 1992 which recommended promotion of such institutions by government's that did not yet have any, and also promote

228-485: A governmental body. This creates somewhat of a parallel obligation and taints the idea of the institutions autonomy and makes it harder to pursue their individual agenda. The Paris Principles were conceived at a 1991 conference convened by the United Nations Commission on Human Rights. Although the priorities and structure of them differ from country to country they have core features. Part A.3 of

285-418: A human rights commission is systematically reviewing a government's human rights policy in order to detect shortcomings in human rights observance and to suggest ways of improving. This often includes human rights proofing of draft legislation, or policies. The degree to which the recommendations or rulings produced by a human rights institution can be enforced varies based on the human rights climate surrounding

342-688: A national human rights institution. The degree of independence of these institutions depends upon national law, and best practice requires a constitutional or statutory basis rather than (for example) a presidential decree. Nations human rights institutions are also referred to by the Vienna Declaration and Programme of Action and the Convention on the Rights of Persons with Disabilities . Special commissions have been established in many countries to ensure that laws and regulations concerning

399-595: A public authority. In relation to non-state entities, some national human rights institutions have at least one of the following functions: Additionally they may promote and protect the responsibilities of the state and the rights of the individual by: Promoting and educating about human rights may involve informing the public about the commission's functions and purposes, sparking discussions on important human rights issues, organizing seminars, providing counseling services and meetings, as well as creating and distributing human rights publications. Another important function of

456-491: A sexual harassment scandal there. Sunday Star-Times journalist Harrison Christian had earlier reported a young American woman cut short her internship at the commission after she was groped by the organisation's chief financial officer at a work party. Shaw's review found the commission had failed in its handling of sexual harassment claims. In August 2021, the Human Rights Commission launched an inquiry into

513-535: A uniquely objective perspective and addressing and resolving issues at the domestic level. Coupled with the United Nations, NHRIs are protecting and providing comprehensive and wide-ranging solutions. However some states are unwilling to give effect to these sanctions, and the United Nations is unable to conduct the widespread and analytical monitoring of countries. In order to be legitimate, effective and credible NHRIs must be independent and effective. One of

570-615: A variety of issues including torture, discrimination, environment and employment rights. In addition to human rights commissions they can be constituted or legislated as an ombudsman or a hybrid human-rights ombudsman. The International Ombudsman Institute provides support for the national ombudsman institutions for human rights who similarly protect and promote human rights. They are more concerned with state administration processes and so receive and make complaints in regards to any systematic or administrative human rights breaches or concerns. The international Coordinating Committee of NHRIs

627-609: Is Liu Sui Kai (George) of Guangzhou . Foon's parents were market gardeners who operated a vegetable shop in Gisborne. Foon also has a brother. From the age of seven, Foon began working at his family's vegetable shop. Foon and his younger brother attended school while working in the morning, lunch break, and after school at the family business. While working at his family business, Foon developed an interest in languages and accents; eventually becoming fluent in English , Cantonese , and

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684-707: Is a Crown entity . It was formed in 1977, and currently functions under the mandate of the Human Rights Act 1993 . The Office of the Race Relations Conciliator was consolidated with the Human Rights Commission by an amendment to the Human Rights Act in 2001. The commission's primary functions are to "advocate and promote respect for, and an understanding and appreciation of, human rights in New Zealand society, and to encourage

741-598: Is an independent director of PGG Wrightson . In 1995, Foon stood as councillor for the Gisborne District Council 's Patutahi Taruheru ward at the encouragement of two detectives. At the time, the incumbent councillor Owen Pinching had announced his retirement. Foon won the 1995 local election and was elected to the Patutahi Taruheru ward. In 1998, Foon unsuccessfully ran for the position of Mayor of Gisborne . In 2001, Foon ran again for

798-563: Is one of a handful of people of Chinese descent to have become a mayor in New Zealand. He is fluent in English , Cantonese and Māori . At the time of his departure from the mayoral position he was the only mayor in New Zealand who was fluent in Māori. Meng Foon was born in August 1959 in Gisborne in New Zealand's North Island . His mother is Ng Heng Kiu (Helen) of Hong Kong and his father

855-609: The Māori language . Foon attended Makaraka School where he was exposed to Māori culture including flax making and the haka war dance. Foon later attended Gisborne Intermediate School and Gisborne Boys' High School . Foon studied English, social studies, the sciences, physical education and the Māori language at Gisborne Boys' High School. Foon also played rugby at High School. Foon left high school at Sixth Form to help run his family's market garden business. Foon expanded his family's market garden business into several shops. During

912-490: The 2019 local elections . On 8 August 2019, the Gisborne District Council voted unanimously to appoint the deputy mayor, Rehette Stoltz, as mayor when Foon formally resigned on 22 August 2019. In July 2019, Justice Minister Andrew Little confirmed that Foon had been appointed as the new Race Relations Commissioner , with his term commencing on 26 August 2019. In December 2019, Foon criticised

969-589: The Labour and the National parties in April 2023, stating that it was a family tradition to donate to parties both left and right. The Foons donated NZ$ 1,500 to Labour MP Kiri Allan during the 2020 New Zealand general election while their company Triple Eight Investments Limited provided Allan with a rent subsidy of NZ$ 9185. In addition, Foon donated NZ$ 1,000 to National's East Coast candidate Tania Tapsell during

1026-650: The Paris Principles , the national human rights institutions are obliged to make "preparation of reports on the national situation with regard to human rights in general, and on more specific matters"; and this is mostly done in annual status reports. The International Council on Human Rights Policy reported that NHRIs are established in three key ways: in countries that are experiencing conflict (usually internal like South Africa, Ireland or Spain), or to respond to claims of serious human rights abuses. NHRIs can also be established as visual institutional security, as

1083-749: The United Nations human rights system, including speaking rights at the Human Rights Council and other committees. The commission has presented parallel reports ("shadow reports") to several UN treaty committees examining New Zealand's compliance with international human rights instruments . From 2010 to 2012 the Commission chaired the ICC, and the Asia Pacific Forum of NHRIs , one of four regional sub-groups of NHRIs. In 2010

1140-694: The "height of ugly, uncivilised wokedom ." Foon stated that Mahuta's kauae moko was special to Māori and should be celebrated. He also urged people to abandon their racism and prejudices and to accept that the world is changing and that the Māori economy is growing. In March 2021, Meng Foon added his voice to those calling for an end to the reality show Police Ten 7 - which sparked controversy. Meng Foon later withdrew his statement. In response to reports of bullying, intimidation, and vandalism targeting Russian New Zealanders in March 2022, Foon stated that Ukrainians and Russians living in New Zealand were "feeling

1197-579: The 1960s, Foon and his family also bought Gisborne's Kaiti Mall and opened a liquor shop called TAB. In 1985, Foon's parents retired and emigrated to Sydney , Australia before retiring in Hong Kong. Meng, his brother, and their wives subsequently took over the family business. In 2018, Foon and his relatives sold Kaiti Mall. By that time, Kaiti Mall's land and buildings were estimated to be worth NZ$ 3.8 million. By 2018, Kaiti Mall had 12 tenants including businesses, government, and commercial tenants. Foon

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1254-481: The 2020 general election. In response, ACT Party leader David Seymour and National's justice spokesperson Paul Goldsmith called on Foon to resign as Race Relations Commissioner due to the apolitical and independent nature of the position. Goldsmith also called on Allan to declare a conflict of interest to the Cabinet Office. Prime Minister Chris Hipkins responded that Allan had taken steps to address

1311-455: The Commission conducted a publicly available review of human rights in New Zealand in order to both identify the areas in which New Zealand does well, and where it could do better to combat persistent social problems. The 'report card' was an update of the Commission's first report in 2004, and led its work for the next five years. The report noted steady improvements in New Zealand's human rights record since 2004, but also "the fragility of some of

1368-507: The Crown Entities Act. Foon served as the director of an emergency housing company that had received income from government payments including over NZ$ 2 million in emergency accommodation funding. Foon's resignation followed an internal inquiry that the Human Rights Commission had conducted into Foon's interests including emergency accommodation funding. Foon disputed that he had failed to declare his conflict of interest regarding

1425-409: The Crown Entities Act. Foon served as the director of an emergency housing company that had received income from government payments including over NZ$ 2 million in emergency accommodation funding. The Human Rights Commission had conducted an internal investigation into Foon's interests including emergency accommodation funding. Foon disputed that he had failed to declare his conflict of interest regarding

1482-557: The Gisborne mayoralty and was successfully elected. During the mayoral campaign, he highlighted his family values, business acumen, Māori language fluency, and financial management skills. He was the first person to serve five consecutive terms as Gisborne mayor since Harry Barker retired in 1977. In 2016, Foon won his sixth consecutive term as mayor of the Gisborne District, defeating three other candidates. His mayoralty extended across New Zealand's easternmost province with

1539-542: The High Commissioner for Human Rights (OHCHR), which acts as a Secretariat of the Coordinating Committee. In order to facilitate NHRI dialogue with civil society the Coordinating Committee also holds an NGO forum. The Coordinating Committee may also be asked by a government to assist in making a new NHRI or to develop on pre existing ones. Its name was changed to GANHRI in 2016 . Not all of

1596-522: The Human Rights Commission including former Wellington City Councillor and management professional Stephen Rainbow as chief human rights commissioner, Auckland University of Technology economics professor Gail Pacheco as equal employment opportunities commissioner, and University of Waikato education senior lecturer and New Zealand Free Speech Union member Melissa Derby as race relations commissioner. Left-wing blogger Martyn "Bomber" Bradbury and The Spinoff editor Madeleine Chapman criticised

1653-591: The Paris Principles adopted in March 1993 by the United Nations Commission on Human Rights provides that NHRIs responsibilities are to ratify human rights treaties and cooperation with human rights mechanisms. The workshop recommendations provide a basis for assessing the effectiveness and independence of a NHRI, identifying six key criteria for states seeking to establish such institutions or to become effective: Those NHRI that fully comply with these fundamental criteria and have shown independence are accredited an "A status", while those that only partially fulfil them receive

1710-617: The Paris Principles requires they should be bodies with broad responsibilities. Specialised national institutions also exist in many countries to protect the rights of a particular vulnerable group such as ethnic and linguistic minorities , indigenous peoples , children , refugees , persons with disabilities , or women . However, national human rights institutions under the Paris Principles have an explicit and broad human rights mandate that should include both promotion and protection functions. This can include research, documentation and training and education in human rights issues , than

1767-601: The Promotion and Protection of Human Rights (ICC), is a representative body of institutions worldwide. Its goal is to develop and create effective and independent NHRIs around the world. These institutions meet the "A status" (voting member) requirements of the Paris Principles and encourages inter-institutional cooperation. In addition to organising international conferences for NHRIs it will also help those institutions in need of assistance and will occasionally help governments to create NHRIs when requested. NHRIs can deal with

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1824-524: The appointment of Rainbow and Derby for their alleged transphobic views and Rainbow's pro-Israel views. National human rights institution NHRIs can be grouped together into two main categories: human rights commissions and ombudspersons . While most ombudspersons have their powers vested in a single person, human rights commissions are led by multi-member boards, often representative of various societal groups. NHRIs are sometimes set up to deal with specific issues such as discrimination , although

1881-885: The cartoonist Garrick Tremain 's cartoon in the Otago Daily Times which made light of the measles epidemic in Samoa , calling it a "slap in the face" for the victims' families. In August 2020, Foon rebuked West Coast District councillor Alan Birchfield for referring to the COVID-19 as the "Chinese virus". In response, Birchfield denied he was racist, stating "we all know where it started." Mayor of Buller Jamie Cleine and Mayor of Grey Tania Gibson distanced themselves from Birchfield's remarks. In early November 2020, Foon as Race Relations Commissioner defended Foreign Minister Nanaia Mahuta 's kauae moko facial tattoos after right-wing blogger Olivier Pierson mocked them as

1938-404: The classical ombudsman model which tends to work on handling complaints about administrative deficiencies. While all human rights violations are maladministration , only a small proportion of the workload of an ombudsman deals with violations of human rights standards. In most countries, a constitution , a human rights act or institution-specific legislation will provide for the establishment of

1995-420: The constitution and/or in international human rights instruments . One of the most important functions vested in many human rights commissions is to receive and investigate complaints from individuals (and occasionally from groups) alleging human rights abuses committed in violation of existing national law. While there are considerable differences in the procedures followed by various human rights commissions in

2052-523: The development of those that did. At the end of the 20th Century the United Nations Commission would take over tasks that require international involvement. Regional human rights agreements also encouraged this development and establishment of human rights institutions as technical assistance was provided through international arrangements (such as the Asia-Pacific Forum of National Human Rights Institutions). NHRIs in some member states work at

2109-469: The emergency accommodation funding and claimed that he had declared these interests prior to assuming his role as Race Relations Commissioner. The Human Rights Commission disputed Foon's account and stated that Foon had only registered this additional income in late April 2023. On 19 June, Foon accused the Prime Minister's Office of leaking news about his planned resignation and indicated that he

2166-523: The emergency accommodation funding and claimed that he had declared these interests prior to assuming his role as Race Relations Commissioner. Earlier in April 2023, Foon had attracted controversy for donating to both members of the Labour and National parties . In 2023, Claire Charters joined the Commission; her post was in the area of Indigenous Peoples’ rights. On 16 August 2024, Justice Minister Paul Goldsmith appointed several new leaders to

2223-645: The following NHRIs are accredited through GANHRI. A regularly updated bibliography of NHRI resources (webpages, publications, research) is available on the Asia-Pacific Forum of NHRI's webpage LINK Meng Foon Meng Liu Foon ( Chinese : 廖振明 ; Cantonese Yale : Liuh Jan-mìhng  ; born c.  1959 ) is a New Zealand politician who served as the mayor of Gisborne from 2001 to 2019. He served as New Zealand's race relations commissioner from August 2019 to June 2023, resigning after failing to declare payments of $ 2 million he took for emergency housing while director of an investment company. He

2280-462: The gains and areas where there has been deterioration." In the report, the Commission identified thirty priority areas for action on human rights in New Zealand under a number of sections: general; civil and political rights; economic, social and cultural rights; and rights of specific groups. In February 2018, Justice Minister Andrew Little commissioned an ministerial inquiry into the commission by retired judge Coral Shaw, following media reports of

2337-409: The housing crisis, stating that successive governments had failed to meet their obligations according to international law, specifically to the right to a decent home. The initial phase of the inquiry resulted in the release of a report focused on strengthening accountability and participation in the housing system, with further work done to develop a tool called "Measuring Progress", designed to evaluate

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2394-431: The institution. Human rights commissions may also monitor the state's compliance with its own and with international human rights laws and if necessary, recommend changes. The realization of human rights cannot be achieved solely through legislation and administrative arrangements; therefore, commissions are often entrusted with the important responsibility of improving community awareness of human rights. According to

2451-532: The institutions multiple opportunities to show further independence or compliance with the Paris Principles. Aiming to be transparent, vigorous and thorough in its evaluations the committee will provide advice on how best to earn "A status" and comply with the Paris Principles. The Global Alliance of National Human Rights Institutions (GANHRI), formerly known as the International Coordinating Committee of National Institutions for

2508-484: The international and regional level (such as in the European Union). They may work as preventative mechanisms for non-discrimination of minority groups or international crimes (such as torture). The authority and expertise that NHRIs customarily hold provides them the ability to promote equal treatment. Ultimately they are a useful tool in assisting states to comply with international rights standards by providing

2565-464: The investigation and resolution of complaints, many rely on conciliation or arbitration . It is not unusual for a human rights commission to be granted authority to impose a legally binding outcome on parties to a complaint. If no special tribunal has been established, the commission may be able to transfer unresolved complaints to the normal courts for a final determination. NHRIs are usually able to deal with any human rights issue directly involving

2622-575: The largest proportion of native Maori population (45% according to the 2013 New Zealand census ). Following confirmation of the Ngāti Porou deal, arranged under the controversial Foreshore and Seabed Act 2004 , Foon was quoted as saying that "he did not believe many people would be disadvantaged by reduced access to the beach, as 90 per cent of the East Coast population was Maori anyway." Foon announced in March 2019 that he would not stand again in

2679-657: The latter made a series of racial, profane, and violent words and phrases during an Art Foundation New Zealand event in Invercargill in order to draw attention to limits on free speech and profanity. Clark responded by calling for Foon to resign as Race Relations Commissioner for not investigating poet Tusiata Avia for making alleged hate speech in a poem criticising British explorer Captain James Cook . While not openly associated with any political party, Foon and his wife Ying Foon acknowledged making donations to both

2736-455: The maintenance and development of harmonious relations between individuals and among the diverse groups in New Zealand society". Chief Commissioner – Dr Stephen Rainbow Race Relations Commissioner – Dr Melissa Derby EEO (Equal Employment Opportunities) Commissioner – Dr Gail Pacheco Disability Rights Commissioner – Prudence Walker Jeremy Pope served as a Commissioner until his death in August 2012. The 1993 Act transformed

2793-469: The matter but described Foon's political donations to both Labour and National as a "balanced approach to supporting various candidates regardless of their party affiliation." In response to media coverage, the Human Rights Commission confirmed that it would be "carefully assessing" media reports of Foon's political donations. On 16 June 2023, Foon resigned as Race Relations Commissioner after failing to declare several conflicts of interest as required under

2850-644: The most effective tools that NHRIs have is their unique position between the responsibilities of government and the rights of civil society and non-governmental organisations (NGOs). This conceptual space gives NHRIs a positively distinctive role, acting as a different protection service for the people and different tools available to hold the state and other bodies accountable for human rights breaches. However being independent from government and NGOs provides greater difficulty when funding, and working relationships are taken into account. In most countries they receive government funding, and are also created and appointed by

2907-455: The pain of what's happening with the war in Ukraine" and urged different communities "to be considerate, to be respectful and to be kind." In late November 2022, Foon criticised the recently-elected Mayor of Kaipara Craig Jepson for interrupting Māori ward councillor Pera Paniora's karakia ( Māori prayer). He stated that it was very important for councils and all organisations to create

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2964-633: The previous Race Relations Conciliator into a Race Relations Commissioner . Holders of the position have been: The commission is one of some 70 NHRIs accredited by the International Co-ordinating Committee of NHRIs (ICC), a body sponsored by the Office of the United Nations High Commissioner for Human Rights (OHCHR). The commission's "A status" accreditation allows it special access to

3021-535: The protection of human rights are effectively applied. These commissions tend to be composed of members from diverse backgrounds, often with a particular interest, expertise, or experience in the field of human rights. Human rights commissions are concerned primarily with the protection of those within the jurisdiction of the state against discrimination or mistreatment, and with the protection of civil liberties and other human rights. Some commissions concern themselves with alleged violations of any rights recognized in

3078-503: The right space for Māori to honour the Treaty of Waitangi and to express their culture and language . In response to a petition and hīkoi (protest march) calling for Jepson's resignation, Jepson defended his decision to ban karakia from council proceedings and accused Foon and Local Government Minister Nanaia Mahuta of interfering in local affairs. In March 2023, Foon called on Mayor of Invercargill Nobby Clark to apologise after

3135-423: The state of housing against key indicators and international human rights obligations. The second phase of the inquiry has been on emergency housing and the conditions and protections of renters as key topic areas. The inquiry is expected to conclude mid-2023. On 16 June 2023, Meng Foon resigned from his position as Race Relations Commissioner after failing to declare several conflicts of interest as required under

3192-534: Was established in 1993 with a Bureau composed of one representative from the Americas, Asia Pacific, Africa and Europe. The Coordinating Committee organises an annual meeting and a biennial conference that facilitates and supports NHRI engagement with the United Nations system. At these gatherings NHRIs are able to share their expertise on specific topics and engage with the United Nations Office of

3249-498: Was reconsidering his decision to resign as Race Relations Commissioner. On 20 June, Foon accepted his resignation as Race Relation's Commissioner and indicated that he still wanted to contribute to the Gisborne/Tairāwhiti community. Foon has several interests outside of politics. He has released a musical number, Tu Mai , which includes various native tracks, he has been chair of Gisborne/Tarawhiti Rugby League since 2007, and

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