Submission: Countering Terrorist Fighters Legislation Bill

Date: 27 November 2014

To:

Secretariat
Foreign Affairs, Defence and Trade Select Committee
Parliament
Wellington
By email: Plan.Changes@fndc.govt.nz

SUBMITTER INFORMATION
Full Name of Submitter: Catherine Murupaenga-Ikenn
Phone number of Submitter: (027) 22 55 417
Email: catherinedavis@hotmail.co.nz
Postal address:
162 Roma Road
Ahipara
RD1
Kaitaia 0481
Iwi affiliations: Te Rarawa and Ngti Kuri
I do not wish to be heard on this submission.
SUBMISSION POINT 1
1.

Regarding the Countering Terrorist Fighters Legislation Bill (the Bill), and in particular:
a.

Extension of the period the Minister of Internal Affairs (the Minister) can cancel a
passport to (up to three years from the existing laws 12 months);

b.

The Ministers power to temporarily suspend passports for up to 10 working days;

and

c.

Allowing the New Zealand Security Intelligence Service to carry out video
surveillance on private properties for the purpose of observing activities of security
concern:-

I SUBMIT THE FOLLOWING:

International Covenant on Civil and Political Rights

2.

The United Nations (UN) Human Rights Committee (HR Committee) at its ninetyeighth session1 made the following concluding observations relevant to New Zealands
performance of its obligations under the International Covenant on Civil and Political
Rights:
6. The Committee welcomes the adoption of a national action plan for human rights
2005-2010 by the New Zealand Human Rights Commission and notes the delegations
statement that all Government agencies are asked to take the action plan into consideration
when developing their policies and programs, but is concerned that the State party has not
formally endorsed such a plan as Government policy. (art. 2)
The State party should engage in the development and the official adoption,
as government policy, of a national human rights action plan 2010-2015.;
7. The Committee reiterates its concern that the Bill of Rights Act 1990 (BORA) does not
reflect all Covenant rights. It also remains concerned that the Bill of Rights does not take
precedence over ordinary law, despite the 2002 recommendation of the Committee in this
regard. Furthermore, it remains concerned that laws adversely affecting the protection of
human rights have been enacted in the State party, notwithstanding that they have been
acknowledged by the Attorney-General as being inconsistent with the BORA. (art. 2)
The State party should enact legislation giving full effect to all Covenant
rights and provide victims with access to effective remedies within the
domestic legal system. It should also strengthen the current mechanisms to
ensure compatibility of domestic law with the Covenant.;
13.
While noting the obligations imposed under Security Council resolution 1373
(2001), the Committee expresses concern at the compatibility of some provisions of the
Terrorism Suppression Amendment Act 2007 with the Covenant. It is particularly
concerned at the designation procedures of groups or individuals as terrorist entities and at
the lack of a provision in the Act to challenge these designations, which are incompatible
with article 14 of the Covenant. The Committee is also concerned about the introduction of
a new section allowing courts to receive or hear classified security information against
groups or individuals designated as terrorist entities in their absence. (arts. 2, 14 and 26)
The State party should ensure that its counter-terrorism legislation is in full
conformity with the Covenant. In particular, it should take steps to ensure
that the measures taken to implement Security Council resolution 1267
(1999) as well as the national designation procedures for terrorist groups
fully comply with all the legal safeguards enshrined in article 14 of the
Covenant.;
14.
...the Committee regrets the lack of information concerning the proceedings with
regard to so-called Operation 8 (anti-terrorism raids carried out on 15 October 2007)...
(arts. 2, 7, 14 and 26)

Held 8-26 March 2010. For its report, see document (number CCPR/C/NZL/CO/5) available online at
http://www2.ohchr.org/english/bodies/hrc/docs/CCPR.C.NZL.CO.5_E.pdf.

The State party should ensure that the Terrorism Suppression Amendment
Act is not applied in a discriminatory manner and does not lead to excessive
use of force against suspects, in light of the need to balance the preservation
of public security and the enjoyment of individual rights. It should also
provide the Committee in its next periodic report with detailed information
on the results of any investigation...;
20.
The Committee welcomes the initiative of the State party for constitutional reform
which also aims at giving greater effect to the Treaty of Waitangi. It notes, however, that
the Treaty is currently not a formal part of domestic law, which makes it difficult for Mori
to invoke it before the courts. ...(arts. 2, 26 and 27)
The State party should continue its efforts to review the status of the Treaty
of Waitangi within the domestic legal system, including the desirability to
incorporate it into domestic law, in consultation with all Mori groups.; and
21.
The State party should widely disseminate the Covenant, the two Optional
Protocols to the Covenant, the text of the fifth periodic report, the written responses it has
provided in response to the list of issues drawn up by the Committee, and the present
concluding observations so as to increase awareness among the judicial, legislative and
administrative authorities, civil society and non-governmental organizations operating in
the country, as well as the general public. The Committee also suggests that the report and
the concluding observations be translated into the other official language of the State
party.
[my emphasis].
2.1. It is submitted that the abovementioned HR Committees recommendations are either
directly or indirectly relevant and applicable to:
a.

The Bill; and/or

b.

Purposes in the Bill relating to terrorism; and

c.

Associated human rights.

2.2. It is therefore recommended that the New Zealand Government implement the
abovementioned recommendations of the HR Committee prior to enacting the Bill.
Declaration on the Rights of Indigenous Peoples 2007
3.

In 2010, New Zealand endorsed the UN Declaration on the Rights of Indigenous Peoples
(the Declaration).2 Those Declaration Articles include:
Article 1 - Indigenous peoples have the right to the full enjoyment, as a collective or as
individuals, of all human rights and fundamental freedoms as recognized in the Charter of

For a copy of the Declaration, see document (number A/RES/61/295) available online at
http://vm.ee/sites/default/files/content-editors/web-static/181/A_RES_61_295.pdf.

the United Nations, the Universal Declaration of Human Rights 4 and international human
rights law.;
Article 2 - Indigenous peoples and individuals are free and equal to all other peoples and
individuals and have the right to be free from any kind of discrimination, in the exercise of
their rights, in particular that based on their indigenous origin or identity.;
Article 7
1. Indigenous individuals have the rights to life, physical and mental integrity, liberty and
security of person.
2. Indigenous peoples have the collective right to live in freedom, peace and security as
distinct peoples and shall not be subjected to any act of ...violence...;
Article 36
1. Indigenous peoples, in particular those divided by international borders, have the right to
maintain and develop contacts, relations and cooperation, including activities for spiritual,
cultural, political, economic and social purposes, with their own members as well as other
peoples across borders.
2. States, in consultation and cooperation with indigenous peoples, shall take effective
measures to facilitate the exercise and ensure the implementation of this right.
[My emphasis].
3.1. It is submitted that the abovementioned Declaration Articles are either directly or indirectly
relevant and applicable to:
a.

The Bill; and/or

b.

Purposes in the Bill relating to terrorism; and

c.

Associated Indigenous Peoples (i.e. Mori) human rights.

3.2. Unsubstantiated Government identification of Mori or any citizens as a terrorist, and/or

unfair treatment of Mori or any citizens as the same, is an act of violence.
3.3. It is therefore recommended that the New Zealand Government ensure that the Bill in
wholly consistent and serves to protect the abovementioned Declaration Articles.
World Conference on Indigenous Peoples 2014
4.

At the UN High-Level Plenary to be known as the World Conference on Indigenous

Peoples (WCIP) 2014,3 the UN General Assembly adopted an Outcome Document

Held 22-23 September 2014, New York. For a copy of the Outcome Document, see document (number
A/69/L.1) available online at http://wcip2014.org/wp-content/uploads/2014/09/N1453491-WCIP-FINALDOCUMENT-EN.pdf.

setting out State and UN commitments regarding actions to implement the rights of
indigenous peoples as contained in particular in the Declaration.
4.1. The New Zealand Government participated in the drafting and endorsement of that
Outcome Document, which contained the following State commitments:
4.We reaffirm our solemn commitment to respect, promote and advance and in no way
diminish the rights of indigenous peoples and to uphold the principles of the Declaration.;
and
18.We commit ourselves to intensifying our efforts, in cooperation with indigenous
peoples, to prevent and eliminate all forms of violence and discrimination against
indigenous peoples and individuals...by strengthening legal, policy and institutional
frameworks.
[My emphasis].
4.2. It is submitted that the abovementioned State commitments are either directly or indirectly
relevant and applicable to:
a.

The Bill; and/or

b.

Purposes in the Bill relating to terrorism; and

c.

Associated Indigenous Peoples (i.e. Mori) human rights.

4.3. It is therefore recommended that the New Zealand Government fulfil its abovementioned
commitments as contained in the WCIP Outcome Document prior to enacting the Bill.
Naaku noa,

Catherine Murupaenga-Ikenn
Bl/B.Soc.Sci, LLM
United Nations Office of the High Commissioner for Human Rights Indigenous Fellow, 2005