Office of the Ombudsman on their inspection of
Christchurch Men’s Prison. This provided a valuable
experience for the Human Rights Commission to
understand on-the-ground monitoring and consider
how best to support monitoring staff as the CNPM.
The Human Rights Commission would like to thank
the Office of the Ombudsman for proving this
invaluable experience.
Following the release of the Torture Ambassador
Project report, He Ara Tika – a Pathway Forward,
in the 2015-16 year the Commission continues
to advocate for the implementation of its
recommendations. The report looked at the role of
the Optional Protocol to the Convention Against
Torture in the monitoring of aged care facilities and
disability residences, and concluded these facilities
are in the scope of OPCAT. The Commission continues
to advocate and work with the Minister and Ministry
of Justice to designate a body under OPCAT to
monitor these facilities. We remain optimistic that
these facilities will be monitored under OPCAT
and were pleased to be informed recently that the
required designation changes have been approved by
the Minister.
During the reporting period the Commission also
participated in several United Nation’s specialist
Committee reviews. These engagements provide an
important foundation for domestic advocacy work
and improving adherence with international human
rights standards in OPCAT related areas.
The Race Relations Commissioner attended New
Zealand’s examination by the UN Committee for
the Elimination of Racial Discrimination. Concluding
observations following this examination included that
New Zealand strengthen its efforts to address the
root causes leading to disproportionate incarceration
rates of Mäori.
The Chief Commissioner offered his place at New
Zealand’s examination by the UN Committee on the
Rights of the Child to the Children’s Commissioner.
The Children’s Commissioner attended this
examination accompanied by a Human Rights
Commission senior advisor. Concluding observations
following this examination included that New
Zealand strengthen its efforts to improve the cultural
capability of care and protection system and its
engagement with Mäori communities with a view to
addressing the overrepresentation of Mäori children in
State care.
Seclusion and restraint
In late April 2017 the Commission released Dr
Shalev’s report, Thinking Outside the Box – A review of
seclusion and restraint practices in New Zealand. This
report outlined several serious concerns about New
Zealand’s seclusion and restraint practices.
The report was completed with funding from the
Office of the United Nations High Commissioner
for Human Rights, through the Special Fund of the
OPCAT. It was commissioned by the Human Rights
Commission to provide an independent perspective on
seclusion and restraint practices in several different
detention contexts and to identify areas of best
practice, as well as areas that require improvement.
The report indicated that seclusion and restraint
may not always be used as a last resort option, as
required by international human rights law, and some
of the rooms and units used to seclude people do not
provide basic fixtures such as a call-bell to alert staff,
a toilet, or fresh running water.
It also highlighted the over-representation of Mäori in
seclusion and restraint events, a small but persistent
number of ‘chronic’ cases where solitary confinement
and restraint were used for a prolonged time, and
systemic gaps, particularly in relation to the care of
those who are mentally unwell.
Dr Shalev made a number of recommendations
including:
• Stopping the use of equipment such as restraint
chairs and restraint beds.
• Making sure that rooms and cells are of a
reasonable size, are clean, safe, well-ventilated,
well-lit and temperature controlled and that
basic requirements around access to fresh air and
exercise, food and drinking water are always met.
• Decommissioning facilities that are not fit for
purpose.
• Ensuring all cells/rooms are equipped with a means
for attracting staff attention
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