Switch of focus in Human Rights Com.'s activities
Media Release
2 November 2000
Switch of focus in Human Rights Commission’s activities - annual report
The Human Rights Commission has published its Annual Report for the year ended 30 June 2000. The report notes that in many ways the year was an unusual one.
The Commission has been heavily involved in the steps Government is taking to raise its level of compliance with the Human Rights Act.
Commissioners said they looked forward to a strengthening of New Zealand’s human rights culture through the Associate Minister of Justice’s Re-evaluation of Human Rights Protections.
One major change has been the switch of focus from complaints to education, as well as an emphasis on examining systemic human rights issues. A total of 9,350 people attended educational presentations over the year, while the toll free Infoline information service dealt with 10,100 enquiries about human rights.
Within the complaints area there has been a greater emphasis on reducing the number of complaints that require full investigation. In the year to 30 June 2000, 337 complaints were received. This was an 11 per cent increase on the 300 received in the preceding year (see tables below).
Half
of all complaints related to employment, while just over a
quarter were in the provision of goods, facilities and
services. While sexual harassment complaints, at 61, showed
a decrease from the 77 received last year, disability
complaints, at 94, showed an increase from last year’s 84.
Age discrimination (46), sex discrimination (39), employment
status (35) and family status (29) complaints made up the
bulk of the other unlawful discrimination
complaints.
Almost a quarter of complaints were settled
without progressing to a formal opinion being formed by the
Complaints Division (CD). This level of settlement reflects
the Commission’s determination to favour early resolution
wherever possible. Forty five per cent of complaints that
were within the jurisdiction of the Human Rights Act were
mediated to a resolution.
Other improvements to the
process achieved over the year included the establishment of
a Directions Team, which meets weekly to assess and give
directions on all complaints. The CD now issues a
provisional opinion on most complaints that have been
investigated and reported to it. The opinion is sent to the
party disadvantaged by it with an invitation to comment.
The 20 complaints that were referred to the Proceedings
Commissioner were a substantial reduction on the 42
complaints referred in the previous reporting year.
Nevertheless, the number of matters referred to the
Proceedings Commissioner remains at a high level reflecting
major growth in the enforcement function. It is pleasing to
record that 34 files, many referred in previous reporting
periods, were closed in the 12 months. Consequently, the
total number of matters before the Proceedings Commissioner
was almost halved.
Twelve of the matters finalised were
settled by the Proceedings Commissioner prior to the
commencement of proceedings. Of the 14 proceedings filed at
the Complaints Review Tribunal, five were settled before the
hearing. The Proceedings Commissioner was successful in all
eight Tribunal hearings.
One recent issue of concern is
the trafficking of women under false pretences to this
country to work in the sex industry. The Commission
established a system for those who wish to escape such
involuntary servitude, which has been used successfully by a
small number of women. A range of contemporary issues
affecting the rights of women is now being addressed through
the appointment of a Women’s Advocate.
Complaints Showing Ground and Section of the Act - 1 July 1999 to 30 June 2000
AGE
DISABILITY
SEXUAL
HARASSMENT
SEX
MARITAL STATUS
RELIGIOUS /
ETHICAL BELIEF
POLITICAL OPINION
SEXUAL
ORIENTATION
EMPLOYMENT STATUS
FAMILY
STATUS
TOTAL
Employment
(S22) 21 33 44 26 3 3 4 18 15 167
Pre-employment Details
(S23) 9 2 1 3 4 2 21
Goods and Services
(S46) 13 32 7 10 4 1 6 10 6 89
Housing, Accommodation
(S53) 1 1 2 1 1 3 2 11
Qualifying Bodies
(S38) 1 1
Access to Public Places
(S42) 8 1 2 1 12
Vocational Training
(S40) 2 2 1 5
Education
(S57) 14 1 1 2 1 3 22
Victimisation
(S66) 3 3
Partnerships
(S36)
Organisations of Employees/employers
(S37) 1 1
Other 2 3 5
TOTAL 46 94 61 39 1 12 9 11 35 29 337
Note: the Race Relations Office deals with complaints involving discrimination by reason of race, colour, national or ethnic origin.
The most significant types of discrimination and areas where they happen are:
Complaints by Discrimination Type (Grounds)
PERCENTAGE OF ALL COMPLAINTS 99/00 CF
98/99
Disability 28% 26%
Sexual
harassment 18% 24%
Age 14% 13%
Sex 12% 14%
Employment
status 11% 5%
Family status 9% 9%
Sexual
orientation 3% 2%
Religious
belief 3% 2%
Other 2% 5%
Complaints by Area
PERCENTAGE OF ALL
COMPLAINTS 99/00 CF98/99
Employment 50% 58%
Goods &
services 27% 17%
Education 7% 6%
Pre-employment 6% 7%
Access
to public places, facilities 4% 2%
Other 6% 10%
Complaints 1999 – 2000
New
complaints
received
337
Complaints
current
at start of year
162 Complaints
under
process
449 Complaints current
at end of
year
151
Complaints
closed
348
Closed within
jurisdiction
317
No jurisdiction
31
Settled
without
investigation
78
Investigated
with
following outcomes
81
Discontinued
by
Complainant
22
Discontinued without full
investigation
136
Substance
31
No
substance
34 Cannot be
established
16
To order
a copy of the Annual Report please call 0800 496
877.