The Universal Periodic Review (UPR) is a state monitoring mechanism of the United Nations Human Rights Council (HRC). It was established by General Assembly resolution 60/251 in 2006 to periodically review the protection and promotion of human rights in each of the 193 United Nations (UN) Member States. New Zealand has been reviewed twice via the UPR in 2009 and 2014.

The UPR Process The UPR process is detailed in the HRC Resolution 5/1. Each State is reviewed every four years. The review is based on the United Nations Charter, Universal Declaration of Human Rights, any other international human rights instruments the State is party to as well as any voluntary pledges or commitments it has made. The HRC appoints a 'troika' of three HRC Member States to review each State's report. Three documents are provided for the troika to consider: The national State report, the Office of the High Commissioner for Human Rights (OHCHR) compilation of all UN information regarding that State and the OHCHR summary of stakeholder submissions. In addition, questions from other HRC Member States are given to the State party being reviewed to answer in its national report. The troika then present to the Working Group an outcome document, which summarises the review proceedings and includes recommendations. The Working Group comprises all 47 of the HRC Member States & conducts the country reviews. New Zealand is given a period of time to review the recommendations and can choose to either accept and implement them accordingly or explain why it does not accept them.

The main goal of the UPR is to maintain and improve the domestic human rights situation in United Nations countries. The UPR process provides the opportunity for UN countries as well as NGO's, other relevant UN bodies and individuals to raise concerns regarding the human rights situations in the country under review. The process allows the sharing of ideas and practices on how to best ensure that human rights obligations are complied with. It also allows governments to reflect on their own human rights situations and the public to offer their own views and feedback. Anyone who is interested in the UPR process can participate. This can include: Iwi and other Maori groups. NGO's. Human rights defenders. Trade unions. Community groups, churches and charities. Local government. Academic institutions. National human rights institutions, such as the NZHRC.

New Zealand's Review In September 2008, the HRC selected Italy, Mauritius and the Philippines to form the troika. A list of questions was prepared by Argentina, Denmark, Hungary, Germany, the Netherlands, Sweden, the Czech Republic and the United Kingdom of Great Britain and Northern Ireland; and presented to NZ for consideration. The majority of questions focused on the social inequities (health, housing, employment, education, social services and criminal justice) faced by the indigenous people of New Zealand (NZ) (Māori); the high level of domestic violence against women and children; and why the Treaty of Waitangi is not given greater constitutional recognition and protection.

In January 2014, the HRC selected Cote d'Ivoire, Japan and the Russian Federation to form the troika. A list of questions was prepared by the Czech Republic, Germany, Liechtenstein, Mexico, the Netherlands, Slovenia, Spain and the United Kingdom of Great Britain and Northern Ireland. As in 2008, the focus of the questions remained on the reduction of the high level of domestic violence against women and children; the rights of the indigenous people and the social inequities faced by them as outlined above. In addition, the questions focused on the measures taken by the New Zealand Government to eliminate child poverty.

The three reports of the 1st and 2nd cycle of the UPR comment on the following areas: scope of international obligations, NZ's constitutional and legislative framework, NZ's institutional and human rights infrastructure, and the promotion and protection of human rights. This last category examines specifically: Areas of equality and non-discrimination regarding Māori, women, persons with disabilities, senior citizens and sexual orientation; Right to life, liberty and security of the person; Right to freedom of expression; Freedom of religion or belief; Administration of justice and the rule of law; Right to participate in political and public life; Right to work and to just and favourable working conditions; Right to social security & to an adequate standard of living; Right to health; Right to education and to participate in the cultural life of the community; Rights of indigenous peoples; Migrants, refugees and asylum seekers; and Human Rights and counter-terrorism.

National Report In 2008 the NZ Ministry of Foreign Affairs and Trade (MFAT) engaged in a consultation process with relevant stakeholders. In August 2008, MFAT held meetings with over 70 civil society organisations and NGOs. Following ministerial and departmental consultation, a draft report was released to the public in February 2009 for comment, after which the report was finalised. The 20-page report noted that NZ is party to seven of the nine 'core' human right treaties. NZ has two primary human rights enactments: the New Zealand Bill of Rights Act 1990 (NZBORA) which affirms, protects and promotes fundamental rights and freedoms in NZ; and the New Zealand Human Rights Act 1993 which prohibits discrimination. NZ also has a varied human rights infrastructure; including the Office of the Ombudsman, the Health and Disability Commissioner and New Zealand Human Rights Commission (NZHRC); a National human rights institutions (NHRI) with an 'A' status accreditation. The report concluded with seven key priorities for future action of the NZ Government. Improving the economic, social and cultural wellbeing of people in New Zealand; Reducing violence within families and its impact on women and children; Improving the opportunities and responsibilities of young people in New Zealand through the education and youth justice systems; Strengthening the rights of victims of crime; Improving the consultation process with civil society for future human rights reporting and follow-up recommendations; Strengthening the partnership between the Government and Māori by continuing to support Māori to realise their potential and continuing the momentum on achieving fair, just and practical settlements of historical claims under the Treaty of Waitangi; and The implementation of the Convention on the Rights of Persons with Disabilities (CRPD) and the New Zealand Disability Strategy.

The report also addressed the human rights situation of Tokelau. New Zealand is responsible for the fulfillment of obligations contained in treaties that are extended to Tokelau. Constitutional relationships are also maintained with the governments of the Cook Islands and Niue. The governments are consulted during the UPR process and are given the opportunity to comment on the draft report.

The consultation process for New Zealand's 2nd national UPR report was managed by MFAT in collaboration with other government agencies including the Ministry of Justice, Te Puni Kokiri and the NZHRC. In April 2013, public consultation meetings were held in six centres across New Zealand. The meetings were attended by a broad range of civil society organisations and NGO's, iwi (Maori tribe/s) and individuals who raised specific human rights issues. The draft report acknowledged the issues raised and was released for public comment in August 2013. Relevant stakeholders including the governments of the Cook Islands, Niue and Tokelau were invited to comment on the draft report. The 20-page report was finalized in October 2013 and submitted to the UN in November 2013. The report addressed the improvements made following the acceptance of the 56 recommendations in 2009 by way of sub-headings. Six key priorities for future action were listed. Strengthening the partnership between Government and Maori by continuing to support Maori to realise their potential and continuing the momentum on achieving fair, just and durable settlements of historical claims under the Treaty of Waitangi; Improving the protection of children against abuse and neglect; Reducing violence within families and its impact on women and children; The ongoing implementation of CRPD (including accession to the Optional Protocol and the New Zealand Disability Strategy); Advancing the Constitutional Review process; and Ensuring any human rights impacts of the Canterbury earthquakes are accounted for in the ongoing decisions around the rebuild.

Stakeholder and Compilation Reports In 2008, stakeholder submissions were made by the NZHRC, and the remaining 14 submissions were from NGOs and civil society organisations. The compilation report contains information gathered from the reports of other UN treaty bodies, special procedures, and any other relevant official UN documents. Both reports echoed the concerns found in the delegate questions to NZ and those acknowledged in the national report. In addition it was suggested that the Waitangi Tribunal recommendations should be made binding; concern was expressed at NZ's vote against the Declaration on the Rights of Indigenous Peoples (DRIP); and repeal of the Foreshore and Seabed Act 2004, which extinguished any Māori customary territorial title to the foreshore or seabed in NZ, was urged. The repeal of section 59 of the Crimes Act 1961 (which had provided a defence of reasonable force for parents who physically discipline their children) was welcomed, but unease was expressed about plans for a referendum on the issue. There was concern regarding the systemic gender pay gap; the alarmingly high child poverty rates; and the proposed amendments to the Terrorism Suppression Act 2002, which may result in unwarranted intrusion into the rights to freedom of association and expression. Also the 2007 New Zealand anti-terror raids and the treatment Māori received during them.

In addition to making submissions, stakeholders may also participate in other ways, including: Commenting on New Zealand's draft report when it is released. Lobbying the Working Group of countries reviewing New Zealand's report. Making presentations to the UNHRC when the report is being adopted. Monitoring and participating in New Zealand's implementation of UPR recommendations.

In 2013, 54 stakeholder submissions were made. These included a submission from the NZHRC, and the remaining 53 submissions were from NGO's and civil society organisations. As in 2008, both reports addressed those issues referred to in the delegate questions to NZ and acknowledged in the national report. Concern was expressed regarding the rights of the indigenous people of NZ; it was suggested that NZ should adopt the Special Rapporteur's recommendation of 2011 that the principles enshrined in the Treaty of Waitangi should be safeguarded within the domestic legal system; entrenchment of the Treaty as a constitutional norm was emphasised. As in 2008, concern was raised about Operation 8 (anti-terrorism raids carried out on 15 October 2007), which allegedly used excessive use of force against Maori Communities; it was recommended that NZ ensure that the Terrorism Suppression Amendment Act 2007 is not applied in a discriminatory manner. In addition, gender equality and domestic violence against women and children remained prominent issues. The impact of the Canterbury earthquakes was also addressed; regarding the political rights of the Christchurch community to engage in decision making; the right to an adequate standard of living; and the rights of disabled people to access buildings.

Working Group Review