5. Conclusions — Ngā whakamutunga

Where New Zealand does well - Ngā mahi pai e oti nei i Aotearoa

• New Zealand is one of only ten countries among the 185 member States of the UN that accept quota refugees for resettlement. Furthermore, criteria for selection are comparatively liberal and based on humanitarian principles.
• New Zealand does not forcibly repatriate persons granted refugee status when the conditions in their country of origin are 'normalised'.
• New Zealand has a publicly funded, independent Refugee Status Appeal Authority, as well as access to judicial review proceedings. In addition, the Department of Labour, which oversees the refugee system, is itself subject to review under the Official Information Act 1982. As a result of the amendment to the HRA in 2001 the Human Rights Commission has limited oversight of refugee policy and practice.
• New Zealand has a good record of compliance with the international human rights standards. A review by the UNHCR on the detention of asylum seekers in New Zealand concluded that the process substantially complied with the Excom Conclusions and the UNHCR guidelines on detention. The review considered that the relevant operational instruction was interpreted liberally, and that the safeguards were consistent and of high quality. The UNHCR also described the Mangere Detention Centre as 'an open centre in many respects' (UNHCR, 2002).
• Although it can be difficult for refugees and asylum seekers to participate in policy decisions that are likely to affect them, attempts have been made to introduce a refugee perspective into policy-making through regular tripartite meetings with the Department of Labour, NGOs and the UNHCR. The Office of Ethnic Affairs acts as a policy adviser to Government on refugees as ethnic communities, and provides an ethnic perspectives policy framework for Government departments (Office of Ethnic Affairs, 2002).
• A number of government agencies, including education, social welfare, health and housing, have dedicated staff to provide services to refugees. There is also a range of highly active non-governmental agencies, such as the Refugee and Migrant Service, Refugee and Migrant Centres and the Refugee Council, that provide settlement services and advocacy for refugees.

Where we need to do better — Kia piki ake te pai i roto i enei wahanga

• While the standard applied to spontaneous refugees generally complies with the obligation not to discriminate (as defined in the Refugee Convention), the level of support for those awaiting a decision could be improved to a level similar to that enjoyed by quota and approved refugees, particularly in terms of access to work and to essential social services, including health and education services.
• The conditions surrounding the detention of asylum seekers in prisons requires further investigation. Concerns have been raised about the length of time spent in prison, length of time spent in isolation, and the safety of asylum seekers in a prison environment.
• Some concerns were also raised about the Mangere Accommodation Centre, including an increase in the numbers of refugees and asylum seekers detained there and the detention of children.
• Refugees encounter difficulties in obtaining employment. Discrimination and stigmatisation may be factors, along with adaptation to and suitability for the New Zealand labour market.
• Acceptance of refugees implies a societal responsibility to provide humane and supportive settlement programmes. Currently, settlement programmes are not sufficiently comprehensive to meet the complex needs of refugees.
• Ratification of the Convention Relating to the Status of Stateless Persons, as recommended by the Foreign Affairs, Defence and Trade Committee, would assist in providing protection for people who technically do not meet the status of refugees because they have no country in which they can claim that they would be persecuted.
• The Refugee Convention does not recognise the status of environmental refugees, nor has New Zealand promoted any change, despite its obligations to its Pacific neighbours.

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