SUBMISSION

to the :- Justice and Electoral Committee

on the :- Human Rights Amendment Bill.

Introduction and Summary

The New Zealand Federation of Graduate (formerly University) Women has approximately 1500 members in its fifteen nationwide branches. Formed in 1921, it is affiliated to the Geneva-based International Federation of University Women. At all levels these organisations have been strongly supportive of the legislation and institutions concerned with Human Rights promotion and protection. While NZFGW has legal experts among its members, this submission reflects the response of educated women with a strong interest in, and capacity for analysis of, public issues.

We would be pleased to appear before the Committee to speak to our submission. Contact persons are:- Mrs Barbara Mabbett, ph 476-7843, member of our Wellington Branch, Mesdames Jennifer Coote, J.P ph 569-8092; Annette O Sullivan, ph 566-9226, Public Affairs Convenor and President respectively, Hutt Valley Branch.

General Summary

NZFGW:-

• Strongly supports the restructured institutional measures to harmonise the various arms of human rights governance, with a recommendation that an Employment Equity Commissioner also be included in this.
• Strongly supports this Bill s extension of human rights issues to cover government agencies
• Supports the increased proactive focus for the new joint Commissioners.
• Approves the proposed national plan of action, though with a further recommendation that provision for evaluation and revision be included.
• Supports the establishment of joint full-time Commissioners and also of part-time Commissioners, with a recommendation for more flexibility in these positions.
• Fully supports the independence of the Commissioners and the Commission from government.
• Approves the establishment of the Office of Human Rights Proceedings and makes a suggestion regarding the mediation process.

Specific Comments

Part 1, New Clause 5(2) a b c - Functions and Powers of the Commission

We fully support the proactive focus for the Commissioners, enhanced by the establishment of specific operations for disputes mediation and legal proceedings within the overall work of the Commission, as set out in Part lll. Provided there is sufficient resourcing for the total operation of the Commission and well qualified people can be appointed, this should be a necessary and most valuable change.

Part 1, new Clause 5 (2) g and Part 1A, New Clause 20

We strongly support the extension of the application of the Human Rights Amendment provisions to government agencies, with the minor exceptions noted, as well as the link to the Bill of Rights. This further harmonises the anti-discrimination focus, making a major contribution to embedding it successfully in New Zealand society, since it eliminates the one law for us and one for them impression, and emphasises the responsible leadership role of government agencies.

Part 1, New Clause 5 (2) l

While we fully approve of the provision for the development of a national plan of action, we would strongly urge that it also be required to conduct ongoing research for evaluation and further revision as the plan is implemented. Otherwise the plan becomes a mere paper entity, steadily losing ground through lack of requisite data to remain in touch with social developments. A competent research and monitoring capacity needs to be provided within the Commission s operation, with power to seek funding from all available sources.

Part 1, New Clause 8(1)a, b - Membership

We strongly support this proposed structure. It harmonises the relevant institutions, facilitating a more consistent, focused performance of functions which eliminates operational overlaps, while providing a unified organisation with a proactive focus against discrimination. This change will, we consider, strengthen public understanding of the Commission.

However, we also urge that the an Employment Equity Commissioner be created within this structure to advise government on EEO issues and to co-ordinate EEO research, analysis and monitoring.

We further urge that this Employment Equity Commissioner should have the function to compile and publish both an EEO Minimum Code (bringing together all existing EEO-related legislation) and a voluntary EEO Code of Practice.

The provision of two Commissioners as Joint Heads, we consider to be a positive measure, emphasising the complementary character of their respective roles within the overarching framework of the Commission. This should enable development of much more flexible and comprehensive approaches to their responsibilities. This also reduces the likelihood for personal antagonisms which some parts of society may hold for one or other aspects of the Commission s work. The inclusion of an Employment Equity Commissioner would be a further advantage.

These measures would further strengthen and harmonise related aspects of standards and operational support for proactive anti-discrimination in New Zealand.

Part 1, New Clause 8 (1) c

We support the provision for having access to part-time Commissioners. This would provide much greater scope for employing people with a desirable range of skills not necessarily found in one or two full-time appointees. However we would prefer that rather than specifying five part-time positions, this be rephrased to cover an unspecified number of positions within a specified quantity of full-time equivalent Commissioners, thus allowing for short-term specialist contracts and part-time positions.

Part 2, New Clauses 75, 76,77 - Application of Part to persons and bodies referred to in Section 3 of the NZ Bill of Rights Act 1990

The systems proposed for dealing with complaints, we consider be a positive move and we are especially pleased to see emphasis on the provision of mediation services where all parties are assisted to resolve issues without recourse to an adversarial model . Our organisation has long upheld, both in our personal involvements and by public advocacy, the importance of encouraging constructive ways to handle conflicts, especially through mediation.

However, Clause 75 c refers to expert problem solving support . We endorse the use, where appropriate, of support persons , not necessarily specialists. Such persons may be family members or Friends for those parties in the mediation process who may be especially lacking in confidence or skills to handle the situation without disadvantage.

Part 2, New Clause 90

We also consider that the establishment of the Office of Human Rights Proceedings is a valuable provision. We note that it removes the judicial process to a secondary rather than primary stage in resolving conflict.

We note that in Schedule 1(15), that the Human Rights Commission is a Crown Entity and we strongly support this independence from Government control

Overall, NZFGW is warmly supportive of this Human Rights Amendment Bill. We note that its successful implementation will depend upon adequate resourcing in personnel and in funding, and will maintain an ongoing interest in this provision.