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Post-Election Brief - Contents

Strategic Foreign and Trade Policy Issues

The Near Neighbourhood
The Wider Region
Other Key Relationships
Global Economy and Finance and Building New Markets
Trade Negotiation Priorities
Resource/Environmental  Diplomacy
International Security, Disarmament/Non-Proliferation, Peace Support
International Legal Issues
Other Multilateral Issues
Consular Issues

NZAID:  Contributing to Global Poverty Elimination

Public Diplomacy and Outreach

NZ Inc - Interagency Cooperation and Agency Services Overseas

G. Crown Agencies Associated with the Ministry

Committees and Boards for which the Minister has Responsibility

Glossary

Although we have tried to use plain English content on the site, you may come across specialist terms and acronyms. Find out what they mean in our glossary of terms.

If you come across a term that isn't included in the Glossary please send us an email.

Post-Election Brief - November 2008

C: Strategic Foreign and Trade policy issues (cont.)

7. International Security

Counter-Terrorism and Counter-Radicalisation Efforts

Since 2001, terrorism has been a defining challenge for the international security agenda, with the range and scope of counter-terrorism measures increasing exponentially. While government responses worldwide have made it more difficult for terrorist groups to operate, the risk of further attacks persists.  Increasingly governments are taking a broader approach to counter-terrorism that involves a mix of ‘hard power’ conventional responses, and ‘soft power’ initiatives aimed at countering radicalisation that can lead to violent extremism.

While the threat of a direct terrorist attack in New Zealand remains relatively low, New Zealand is committed to being neither the target nor the source of terrorist activity. Given the size of the New Zealand diaspora, and the number of New Zealanders travelling overseas, there is a risk of our citizens being caught up in offshore terrorist attacks.

New Zealand has made a strong contribution to the international campaign against terrorism through actions taken domestically, regionally and globally, in particular in Afghanistan and the Persian Gulf. This has enhanced our reputation as a small but willing and able player in international security.

New Zealand attaches importance to its compliance with international counter-terrorism instruments.  It has ratified 12 of the 16 international instruments and maintained up-to-date reporting to the United Nations. The UN Global Counter-Terrorism Strategy is a key reference point.

New Zealand’s counter-terrorism efforts in the Pacific have been implemented with key partners and through regional fora.  New Zealand assists Pacific island countries’ understanding of, and compliance with, the international counter-terrorism agenda, with a strong focus on legislative and operational capacity-building projects many of which are funded under the Pacific Security Fund.

In Southeast Asia, New Zealand is actively engaged with key partners, in particular Indonesia, on traditional counter-terrorism initiatives such as law enforcement capacity building. New Zealand is also increasingly focussed on counter-radicalisation efforts aimed at addressing some of the underlying factors that lead to terrorism.  Both our hard and soft power interventions in the region are funded from the Asia Security Fund.

Strategies aimed at countering radicalisation and violent extremism are recognised as being crucial to preventing terrorism in the medium to long term, and thereby improving regional and global security. New Zealand has been a leading proponent of the UN Alliance of Civilisations - the key global inter-cultural initiative - and is a co-sponsor of the Asia-Pacific Regional Interfaith Dialogue.

New Zealand needs to do more work, such as pursuing ratification of remaining instruments and implementing reforms of the anti-money laundering and counter-terrorist financing regime, to meet Financial Action Task Force (FATF) standards in advance of an April 2009 evaluation.

New Zealand automatically designates terrorist individuals and entities designated by the UN Security Council’s 1267 Committee (dealing with Al Qaeda, Taleban and their associates).  Unlike our close security partners, however, we have yet to designate any individuals or entities pursuant to UN Security Council Resolution 1373 (which imposes obligations on member states to criminalise global terrorist activities). One statement of case has been prepared to date, and another is close to completion.

The Ministry is currently taking a strategic look at New Zealand’s counter-terrorism engagement in the Pacific and investigating the possibility of pursuing a gaps analysis with selected Pacific island countries to identify appropriate opportunities for bilateral capacity-building assistance.

Counter-Proliferation Initiatives

The Proliferation Security Initiative (PSI) is an international effort launched by the US in 2003 to counter the illegal trafficking of weapons of mass destruction (WMD), their delivery systems and related materials, in a manner consistent with national and international law.  New Zealand endorsed the PSI in 2004 and is an active member of its 20-strong Operational Experts Group (OEG). We have led the development of a Model National Response Plan to help countries improve their domestic counter-proliferation frameworks, hosted an OEG meeting (Auckland, March 2007), and hosted a PSI exercise (Exercise Maru, Auckland, September 2008). New Zealand will be considering possible participation in these exercises.

The Global Initiative to Combat Nuclear Terrorism (GICNT) is a voluntary, activity-based initiative launched by the US and Russia in 2006. The aim is to increase cooperation to combat the threat of terrorist attacks using nuclear or radiological material, and to complement existing mechanisms by providing political and diplomatic momentum to address any gaps. New Zealand endorsed the GICNT in November 2007 and has attended one major meeting (June 2008 Political Meeting).  New Zealand is currently working on planned contributions to the GICNT approved by Ministers and announced to GICNT partners. These include: hosting a workshop for Pacific island countries in April/May 2009 on the security and safety of radiological material; increasing our regular contribution to the International Atomic Energy Agency’s Nuclear Security Fund; exploring possibilities for a modest contribution to nuclear and radiological security work in Southeast Asia; and looking to hold a tabletop exercise for New Zealand agencies in 2009 to ensure we have appropriate systems in place to respond in the event of an incident in this country.

New Zealand has signed but not yet ratified the two key international instruments underpinning the GICNT – the Nuclear Terrorism Convention and the 2005 Amendment to the Convention on the Physical Protection of Nuclear Material. Ratifying these instruments - through the passage of the Radiation Safety Bill – would send a strong signal of New Zealand’s determination to combat the threat of nuclear/radiological terrorism. top of page

Peace Support Operations

The number of peace support operations worldwide, whether UN, coalition, or regionally-led, continues to increase. Currently about 400 New Zealand Defence Force (NZDF) and 75 New Zealand Police personnel are deployed in 11 peace support missions in 13 countries.

New Zealand sustains multiple small-scale deployments, the largest being in Timor-Leste, Afghanistan and Solomon Islands. New Zealand also has deployments in the Sinai (26 NZDF), Israel/Lebanon/Syria (8 NZDF), Persian Gulf (6 NZDF), Iraq (1 NZDF), Bougainville (5 NZ Police), Tonga (4 NZ Police), Korea (3 NZDF), and Sudan (3 NZDF).

This high level of deployments comes at a time when the NZDF is rebuilding and modernising, leaving limited capacity to contribute to new or expanded missions.  Involvement in new long-distance peace support operations needs to be weighed against capacity to respond to Pacific contingencies.

Engagement in support of fragile states requires a balance between security, political and development interventions, and a corresponding need for coordination between, and within, governments. New Zealand has implemented a whole-of-Government approach to engagement in the three complex integrated operations in the Solomon Islands, Timor-Leste and Afghanistan.

New Zealand is a leading contributor to the Regional Assistance Mission to Solomon Islands (RAMSI). RAMSI plays a crucial role in bringing security to Solomon Islands and rebuilding the institutions of state. New Zealand currently contributes up to 50 NZDF personnel, including the deputy military commander, 35 police and a number of civilian personnel including the RAMSI Deputy Special Coordinator. New Zealand also provides substantial NZAID assistance to the Solomon Islands ($33 million in 2008‑09), which includes some support for RAMSI. In August 2008, Cabinet extended the mandates for NZDF and NZ Police deployments to RAMSI to 30 September 2010.

New Zealand is a key contributor to the stabilisation of Timor-Leste, as part of the Australian-led International Stabilisation Force (ISF) and with the UN Mission in Timor-Leste. Currently 148 NZDF personnel are with the ISF and two provide training to the Timorese defence forces. Two NZDF officers are serving in the UN integrated mission in Timor-Leste (UNMIT) including the Chief Military Liaison Officer (colonel-level). Twenty-five NZ Police are with UNMIT.  NZAID bilateral assistance to Timor-Leste for 2007/08 is NZ$5 million.

New Zealand was one of the first countries to deploy combat forces (SAS) to Afghanistan as part of the international campaign against terrorism. After the defeat of the Taleban government, the Afghanistan mission changed into a combination of security, development and peace-building. In this context, New Zealand agreed to assume leadership of the Bamyan Provincial Reconstruction Team (PRT). The New Zealand PRT is mandated for up to 140 NZDF personnel, and operates under the NATO-led International Security Assistance Force (ISAF). Other NZDF deployments include two officers training the Afghan National Army, five officers in ISAF headquarters in Kabul, and one officer with the United Nations Assistance Mission in Afghanistan (UNAMA). Three NZ Police are based in Bamyan working with the European Police Mission in Afghanistan (EUPOL). At the Paris Conference in June 2008, New Zealand pledged NZ$21 million in aid over the next three years.

Officials are currently drafting Post-Election Cabinet papers that will provide options to the incoming Government on New Zealand’s future integrated participation in Timor-Leste and Afghanistan.

Disarmament and Non-Proliferation

Achieving progress on disarmament remains challenging in the current international security climate, with the focus largely on curbing the proliferation of weapons of mass destruction (WMD). There is a growing recognition, however, that action on both disarmament and non-proliferation is required.  Proliferation concerns are growing in relation to some countries and non-state actors.

New Zealand is party to all of the major multilateral disarmament and non‑proliferation structures, and is seen as a leading credible voice in many disarmament and non-proliferation bodies.  We support a range of non-proliferation initiatives outside the UN system. Together with other members of the multilateral export control regimes, New Zealand continues to strengthen export controls on military and dual-use goods and technologies, and support outreach to encourage compliance, both domestically and internationally.  

Nuclear disarmament and non-proliferation remain a key New Zealand focus. New Zealand is an active proponent of the Nuclear Non‑Proliferation Treaty (NPT) and is working for the strongest possible outcome on nuclear disarmament in the lead up to, and during, the next NPT Review Conference in 2010.  We are part of a group that is promoting action on the de-alerting of nuclear weapon systems in the UN General Assembly.

New Zealand has just taken up a two-year regional seat on the International Atomic Energy Agency (IAEA) Board of Governors in Vienna.  New Zealand’s IAEA priorities are related to nuclear safety and security, particularly the IAEA’s safeguards programme and the transport of radioactive materials. New Zealand works in a small group of countries with shared views to ensure that any discussion on nuclear power takes into account important issues related to safety, security and waste management. The renewed interest globally in nuclear power has the potential to increase proliferation challenges.

New Zealand is an active participant in both the Chemical Weapons Convention and the Biological Weapons Convention where it works to eliminate these entire classes of WMD.

New Zealand has taken a strong position on the humanitarian impact of cluster munitions. The lack of progress toward such an instrument in the UN led a group of countries to steer the ‘Oslo Process’ on cluster munitions outside of the UN framework. New Zealand played a leading role in the development of the Convention on Cluster Munitions which was endorsed by over one hundred countries in May 2008.  Following New Zealand’s signature of the Convention in Oslo on 3 December 2008, a Cabinet paper will  recommend ratification subject to satisfactory completion of the Parliamentary examination process and passage of implementing legislation.

New Zealand is committed to promoting adherence to the Ottawa Convention banning anti-personnel mines. We are also party to all the Protocols to the Convention on Certain Conventional Weapons (CCW), addressing weapons that are excessively injurious or have indiscriminate effects.

New Zealand continues to address international small arms and light weapons issues through the UN Programme of Action and is supportive of the work toward an Arms Trade Treaty (ATT) which could place stronger disciplines on conventional weapons.

Iran’s nuclear programme remains the subject of strong international concern.  Investigations by the IAEA are ongoing. The UN Security Council has imposed three rounds of sanctions on Iran.  These were reinforced by another UN Security Council Resolution in late September.

New Zealand will be monitoring closely implementation of the US-India civil nuclear co-operation agreement.

8. International Legal Issues

International Criminal Court

The International Criminal Court (ICC) came into existence in 2002, the product of the international community’s resolve to ensure that those who commit genocide, crimes against humanity, and war crimes are brought to justice. The ICC has four situations under investigation. Three were referred to the ICC by the states concerned (Uganda, Democratic Republic of the Congo (DRC), and the Central African Republic) and the fourth, Darfur, by the UN Security Council. The ICC has issued a number of arrest warrants and there are currently four persons in custody in The Hague awaiting trial.

New Zealand strongly supported the establishment of a permanent international criminal court and in 2000 became the 17th state to ratify its Statute.  We are a member of the Bureau of the Assembly of States Parties (ASP).

Two high-profile cases currently before the ICC are against Thomas Lubanga for war crimes relating to child soldiers in the DRC; and President al-Bashir of Sudan in relation to genocide, crimes against humanity and war crimes.

The main annual meeting of the ICC ASP takes place in The Hague from 14 to 22 November 2008. There will be a number of sessions of the Special Working Group on the Crime of Aggression which is negotiating amendments to the Statute. The objective is to conclude these negotiations in 2009 but some difficult issues remain, not least the question of what role, if any, the Security Council should have in relation to a prosecution for the crime of aggression. This year’s ASP may well be overshadowed by developments in the Darfur and DRC cases above. The terms of six judges on the ICC expire early in 2009 and elections will be held at a resumed session of the ASP in late January. It will be necessary to seek Ministerial directions on voting before that session.top of page

Extradition Issues

Effective extradition laws and processes help to ensure that New Zealand is not seen as a safe haven for criminals fleeing other countries.  Work is currently in progress on two unrelated extradition issues.

Treaty Negotiations with the United States:  The aim is to replace the 1970 United States–New Zealand extradition treaty with a more modern treaty that will cover a broader range of offences. Negotiations began in 2006 and identified several issues that required further work. The next round of negotiations will take place in early 2009.

Provision of technical assistance to Rwanda:  The second issue concerns technical assistance to Rwanda with the preparation of extradition requests.    

International Humanitarian Law

New Zealand signed the Third Additional Protocol to the Geneva Conventions on 19 June 2006. The Protocol establishes a new emblem, commonly referred to as the red crystal, for use alongside the red cross and the red crescent as a protective symbol in armed conflicts where neither the red cross nor red crescent would be seen as neutral.  Eighty-seven states have signed the Protocol and 33 have ratified it.  Approval of a stand-alone Bill in the 2009 legislative programme will be sought to enable New Zealand to ratify.  

Bribery and Corruption Issues

The OECD Working Group on Bribery (WGB) has made a number of recommendations for legislative reform and administrative action to improve New Zealand’s compliance with the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions.  New Zealand is required to report back to the WGB by December.  The Minister of Justice, in consultation with other Ministers, has approved New Zealand’s response which flags the intention to make several legislative changes in 2009.

The United Nations Convention Against Corruption (UNCAC) codifies measures to combat corruption in the public and the private sectors. New Zealand signed the UNCAC in 2003 and is working towards ratification which will require some amendments to the Crimes Act 1961 and the Financial Transactions Reporting Act 1996. It is intended that the Ministry of Justice will submit a Cabinet paper early in 2009 seeking approval for legislative changes flowing out of the WGB and those needed for implementation of UNCAC.

New Zealand enjoys an international reputation as one of the world’s least corrupt countries. It consistently ranks at the top of Transparency International’s Corruption Perceptions Index.  New Zealand is an exporting country and many of its businesses operate in countries with high levels of corruption. New Zealand needs to respond effectively to the OECD report and ratify UNCAC to maintain its international reputation in this area.

Maritime Terrorism/WMD Trafficking

In 2007 New Zealand signed the Protocol of 2005 to the Convention for the Suppression of Unlawful Acts (SUA) against the Safety of Maritime Navigation and the Protocol of 2005 to the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms on the Continental Shelf. The Protocols introduce offences relating to maritime terrorism and trafficking in weapons of mass destruction, as well as a boarding regime which sits within existing international law. New Zealand was closely involved in negotiations leading to the Protocols.  Implementing legislation is required to give effect to them in New Zealand.  Officials plan a Cabinet paper in early 2009 setting out the proposed method of implementation, submitting a National Interest Analysis and seeking approval to ratify subject to completion of the treaty examination process and passage of the necessary legislation.  Ratification of the SUA Protocols would provide a strong signal of New Zealand's commitment to countering the threat of global terrorism and preventing the proliferation of WMD.

Financial Action Task Force

New Zealand is a member of the Financial Action Task Force (FATF) that issues standards to promote anti-money laundering and countering terrorist financing (AML/CTF) and has recently begun work to counter WMD financing. Members agree to implement FATF standards and to undergo implementation reviews through mutual evaluations. Legislative reform is needed to make New Zealand’s regime fully compliant. New Zealand’s next mutual evaluation will take place in April 2009.  In September 2008 Cabinet directed officials to report back with final policy proposals by the end of February 2009, with a view to legislation being introduced to Parliament by April 2009.  There are reputational and financial risks to New Zealand from a negative evaluation in 2009.  These will be diminished provided that credible progress is made towards compliance by introducing reform legislation by the time of the FATF evaluation of New Zealand in April 2009.

9. The United Nations and Other Multilateral Issues

United Nations

The United Nations remains the pre-eminent global organisation. It continues to face multiple challenges. There are differing expectations of the role it should play in peacekeeping, in political and humanitarian crises and in issues affecting the global community such as food security, terrorism and climate change.  The UN continues to attempt reform of both its administrative structures and its key organs and processes.

A strong, effective and efficient United Nations helps underpin and secure the most fundamental economic and security objectives of the New Zealand state. It provides a forum for sharing and advocating New Zealand values and beliefs with the aim of influencing others.

Headline issues relevant to New Zealand include: poverty and hunger (including food security); sustainable development; environmental management (including protection of the global climate and oceans governance); Small Island Developing States issues; international justice and the rule of law; human rights; gender equality; civil and political rights; international peace and security; disarmament and arms control; selected country-specific security and governance issues.  Reform of the Security Council, UN management and administration and UN work streams are additional areas of engagement.

“The impact of the global food crisis on poverty and hunger” is a focus of this year’s 63rd UN General Assembly. The Secretary-General’s High-Level Task Force on the Global Food Crisis is coordinating the international response. New Zealand supports its “Comprehensive Framework for Action”, especially recommendations to lift investment to boost weak agricultural production, expand social protection and achieve further agricultural trade reform.

Poverty elimination, sustainable development and environmental protection are subject to separate UN work streams. Reviews of the Millennium Development Goals and financing for development are underway. Climate change is the subject of intensive negotiations. Small states issues, including those directly relevant to our Pacific neighbours, arise in these contexts.

UN members are testing the international justice system by arguing different views on the admissibility of new cases for the International Criminal Court and the International Court of Justice. The UN continues to scrutinise security and political developments including in the Middle East, Afghanistan, Fiji, Myanmar and Zimbabwe.

Progress is being made in bringing together diverse UN operations on the ground in developing countries via a process known as “One UN” reform. Another reform area making progress is international governance of the environment. Some reform proposals, however, are testing entrenched interests among UN members and resistance within the UN bureaucracy. Reform of the Security Council, after 14 years of inconclusive debate at working group level, moves to full intergovernmental negotiations by the end of February 2009.

Some UN members want to bolster capacity, through the Security Council, to protect against ethnic cleansing, genocide, war crimes, and crimes against humanity when peaceful means prove inadequate and national authorities fail to act. Others consider that the concept of the UN's "Responsibility to Protect" encroaches too far into national sovereignty. The debate is moving on to more detailed operational planning.  A report by the Secretary General is due soon.top of page

Human Rights

Human rights are, along with security and development, one of the three pillars of the United Nations. New Zealand is a signatory to the seven UN human rights conventions, the most recent being the Convention on the Rights of Persons with Disabilities, which New Zealand ratified on 26 September 2008. The UN Human Rights Council was established in 2006. Debates in the Council, and in the annual Third Committee of the UN General Assembly, are often contentious, with attempts to engage on the worst country situations often blocked.

New Zealand is a candidate for election in May 2009 to the Human Rights Council. For all its imperfections, the Council is the recognised international forum for discussion of the human rights agenda. New Zealand’s first Universal Periodic Review of its human rights record by the Council will take place in May; a draft report is currently under preparation. 

A draft report on New Zealand’s compliance with the UN Convention on the Rights of the Child is nearly completed. A report on compliance with the International Covenant on Economic, Social and Cultural Rights will be submitted in early 2009 following consultation with Ministers.  Decisions will be required on a New Zealand approach to the Durban Review Conference to be held in Geneva in April 2009 as a follow-up to the 2001 World Conference Against Racism. That conference was so contentious that some Western countries have downgraded their participation in preparations for the next one. In 2007 New Zealand voted against the adoption of the Declaration on the Rights of Indigenous Peoples because its contents were at variance with New Zealand law and practice. While that stance continues to attract controversy, New Zealand seeks in discussions of indigenous issues to highlight areas such as the promotion of indigenous languages, where our policies are in advance of international norms.

Commonwealth

New Zealand’s membership of the Commonwealth provides access to political leaders from 53 diverse states. Its twin pillars of development and democracy deliver practical assistance on the ground for most members and act as a force for good governance and respect for human rights, liberty and fundamental freedoms. Regular Ministerial meetings and the biennial Commonwealth Heads of Government meeting (CHOGM) are where policy directions are determined. The next CHOGM will be in Trinidad and Tobago in November 2009.

New Zealand seeks an efficient and focused Commonwealth to act as an effective vehicle for strengthening democracy, the rule of law, good governance and economic and social development.  Membership links us to countries that are located at the farthest reach of our international engagement.  New Zealand contributes $6.3 million annually to support the Commonwealth’s activities, including the Commonwealth Small States Office in New York.

Secretary-General Kamalesh Sharma is directing Commonwealth attention to the reform of the World Bank, the IMF and the global system of environmental governance. He is also promoting Commonwealth consensus on the achievement of the MDGs and on food security. New Zealand is a member of the nine-member Commonwealth Ministerial Action Group on the Harare Declaration (CMAG). It addresses democracy and human and civil rights issues arising in member countries. Fiji is the only country currently under CMAG’s consideration. Other current issues concern the Commonwealth Secretariat scales of assessment, last reviewed in 1989, a review of the Commonwealth Fund for Technical Cooperation (the main development assistance window) and the possibility of establishing a Commonwealth Small States Office in Geneva.

Candidatures

New Zealand is currently running two major campaigns – for membership of the UN Human Rights Council for the term 2009-2012 (voting in May 2009);  and election to a non‑permanent seat on the UN Security Council for 2015-2016 (voting in 2014).

At this stage New Zealand faces an uncontested slate for the Human Rights Council, with 3 declared candidates (Belgium, Norway and NZ) for three available slots for the Western Europe and Others Group (WEOG). New Zealand has already secured substantial support in writing, largely on the basis of reciprocal vote swap agreements for various UN bodies. Successful candidates usually need to secure around 120 votes.

The UN Security Council bid is yet to move into high gear.  New Zealand has notified UN member states and secured the support of a number of countries including Pacific Islands Forum members. The experience of our successful 1992 UNSC election (for the 1993-1994 term) suggests 2010 as the best time to commence concerted lobbying.

Asylum Seekers/People Smuggling

New Zealand implements the 1951 Convention and 1967 Protocol relating to the Status of Refugees, with the result that every person seeking asylum on arrival in New Zealand has the right to protection if refugee status is proven. New Zealand also implements the 2003 Convention on Transnational Organised Crime and its Protocols on People Trafficking and Smuggling with strict penalties for those found guilty of either.  

Each year the US State Department prepares a report to Congress on countries’ efforts to counter people trafficking. The report attracts significant media attention. It assigns a ranking to each country from Tier 1-3, Tier 1 being the most favourable. New Zealand has been able to maintain a Tier 1 ranking. New Zealand plays a leading role in the Bali Process on People Smuggling and Trafficking which was established in 2002 to provide a forum to address these issues in the Asia-Pacific region.

 

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Page last updated: Monday, 08 December 2008 18:18 NZDT