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New Zealand was pleased to join the consensus adoption of the Optional Protocol to the International Covenant for Economic, Social and Cultural Rights. As a State Party to ICESCR since 1976, New Zealand is fully committed to the progressive realization of economic, social and cultural rights.
In the year celebrating the 60th anniversary of the Universal Declaration of Human Rights, we underscore that all human rights, are universal and indivisible and therefore require the same level of observance and protection by State Parties.
New Zealand engaged constructively in the negotiation of the Optional Protocol. We sought to achieve an instrument that would be practical and workable, building upon the experience of other well-functioning individual complaints procedures. In New Zealand’s view, an effective individual complaints mechanism must consider a communication within its appropriate context and provide a timely response. In the Working Group, New Zealand’s objective was therefore to seek an Optional Protocol that was specific in scope and a procedure which would not overburden the Committee or unduly detract from its regular consideration of state reports.
The Optional Protocol has a progressive approach to admissibility, granting discretion to the Committee in its consideration of a communication. In our view, this feature will enhance the Committee’s capacity to deal with allegations of serious violations in a timely and effective manner, whilst retaining sufficient safeguards to monitor all alleged violation of human rights.
New Zealand takes this opportunity to place on record the following understandings on the instrument:
In relation to Article 8 (4), New Zealand wishes to highlight the reasonableness test in the Optional Protocol. This article explicitly recognises that States may employ a range of possible policy measures and determine the best use of their resources to meet their obligations progressively under ICESCR. We do not see the Optional Protocol as giving the Committee any scope to second-guess the legitimate policy decisions of democratically elected governments in respect of the allocation of resources in the progressive realisation of rights under the Covenant.
In relation to Articles 2 and 11 of the Optional Protocol, in New Zealand’s view, self-determination in the Covenant (Article 1) is a collective right. Accordingly, New Zealand considers that collective or group rights cannot be invoked in an individual complaints procedure. In this respect, we support the Human Rights Committee’s decision not to receive communications in respect of self‑determination. New Zealand calls on the Committee on Economic, Social and Cultural Rights to follow this long and established practice of the Human Rights Committee.
In conclusion, New Zealand reiterates its hope that the establishment of an individual communication procedure under ICESCR will help enhance implementation by State Parties of their obligations under the Covenant.
