Government urged to recognise UN complaints process

Race Relations Commissioner Joris de Bres has urged the Government to allow individuals to complain to the UN about matters of racial discrimination. 

Under Section 14 of the Convention on the Elimination of Racial Discrimination (CERD) individuals can complain to the CERD Committee after domestic avenues have been exhausted. This means that if a grievance about racial discrimination is not resolved through domestic avenues such as mediation, tribunals or courts, individuals can take their complaints to the CERD Committee.

The Government has not yet endorsed the individual complaints process for CERD and is now re-examining whether it should. The Ministry of Justice is calling for submissions on the matter by 30 September.

Over 50 States have already recognised this process. Although New Zealand has not, it has endorsed similar complaints mechanisms for the International Covenant on Civil and Political Rights (ICCPR), the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and the Convention against Torture and Other Cruel, Inhuman, or Degrading Treatment of Punishment (CAT).

Mr de Bres says allowing individuals to make complaints to the CERD Committee is vital in honouring the Government’s commitment to eliminate racial discrimination. He encourages people to send their own submissions to the Ministry of Justice.

Although groups can make complaints to the CERD Committee, individuals cannot. The Section 14 guidelines are important to allow individuals this avenue of last resort to resolve racial discrimination complaints.

More information on the Section 14 complaints mechanism is available at the Ministry of Justice webpage.

Read the Human Rights Commission’s letter to the Secretary for Justice (PDF).

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