Friday 20 June 2014

Ignoring Structural Discrimination in the Criminal Justice System - At What Cost?

When Rethinking Crime and Punishment  developed its Smart on Crime strategy, we agreed that it would not be sufficient to be a safe society, if in achieving it our society became manifestly unjust.    Whether or not we are a civilised nation must be measured not by the absence of disorder, but by the presence of justice.  For that reason, any policy or strategy we promoted had to be consistent with the basic human rights guaranteed under the NZ Bill of Rights and international covenants. 

One key issue was the extent to which structural discrimination existed within our criminal justice system.  But how do you measure that?  One key measure is to compare our human rights reputation in the area of criminal justice, with that of other nations.  The most obvious point of reference then, is the United Nations Universal Periodic Review (UPR) of the NZ government's human rights performance which is conducted every four and a half years. 

Yesterday, the outcome of the second Universal Periodic Review (UPR) of the government's human rights performance was adopted by the UN Human Rights Council in Geneva. To watch the video click here

The Role of the UN Universal Periodic Review



The UPR is a mechanism established in 2006 whereby the UN 
Human Rights Council reviews whether or not UN member states are fulfilling their human rights obligations and commitments. Each state is reviewed once every four and a half years.  It is a complex process and for those that are interested click here for a full explanation.  

The New Zealand government's first UPR took place in May 2009, with the adoption of the Outcome Report by the Working Group on 11 May and by the Human Rights Council on 24 September 2009. 

New Zealand's second UPR took place during January and February of this year, and focussed on the recommendations in the 2009 Outcome Report and on developments in the human rights situation in Aotearoa New Zealand.  

On 1 June 2014, the government announced that it had  formally responded to the United Nations Human Rights Council second Universal Periodic Review (UPR) of New Zealand, accepting the “vast majority” of the 135 recommendations.   

It sounded highly positive when Justice  Minister  Judith Collins announced that:
“The Government accepts the vast majority of the recommendations, many of which   encourage our nation to continue our current programmes that make New Zealand a leader in the field of human rights"
For those members of the public concerned with a specific issue, it is very difficult  to track how well New Zealand is performing.  Rethinking decided to make it easier by  tracking the government’s response to the United Nations continuing concerns regarding Maori over-representation, and in particular,  structural discrimination with the criminal justice system.  

The first Universal Periodic Review (UPR)

For the first UPR, the government's human rights performance was reviewed in relation to the UN Charter, the Universal Declaration of Human Rights), and the seven core international human rights instruments it is a party to, including the International Convention on the Elimination of All Forms of Racial Discrimination (CERD) 

In 2007, one of CERD’s key themes was to seek a response from New Zealand on the issue of racial discrimination within the criminal justice system

Progress made to combat persisting inequalities and reduce the overrepresentation of Māori and Pasifika in the prison population and at every level of the criminal justice system (CERD/C/NZL/18-20, paras. 90 and 97” (CERD/C/NZL/18-20)   

In the interim, excellent reports by both the Department of Corrections (2007) 
 and the Ministry of Justice(2009)   confirmed the existence of racial bias in the system.  There was however, no subsequent research carried out to establish the extent of bias, and how it might be addressed. CERD reported back to the New Zealand government in December 2012,and commented:

“The Committee reiterates its concern regarding the over-representation of Māori and Pacific people in the prison population and more generally at every stage of the criminal justice system. It welcomes, however, steps adopted by the State party to address this issue, including research on the extent to which the over representation of Māori could be due to racial bias in arrests, prosecutions and sentences (arts. 2 and 5).

When New Zealand reported on progress in 2013, it failed to either acknowledge or respond to  CERD’s concern about racial bias and structural discrimination.  Instead it highlighted a range of programmes and achievements which demonstrate a high level of cultural responsiveness to Māori. (Paragraphs 91 – 101, and 108 – 112))  - all of which are commendable. 

It further claimed that the  government’s “Drivers of Crime Strategy” (paras 101 to 104), had played a major part in permitting  Māori to design, develop and deliver innovative initiatives and solutions that are responsive to the needs of Māori. 

What is the significance of the Driver’s of Crime Strategy in Addressing Māori Over-representation?
 
Rethinking has already voiced its concerns about the government’s Drivers of Crime Strategy, which seemed to have well and truly lost its way.  In 2013 we published an article  ‘The Drivers of Crime Strategy - RIP 2011’ pointing out that the last progress report had been published in July 2011. 

The second progress report  went to Cabinet in December 2012, and was referred to by the Minister when she appeared before the CERD Committee in Geneva, in January 2013.  It is most unusual to refer to a report which had not yet been released publicly in the member country.  It was finally released in September.  It was an unusual report and showed signs of playing ‘catch up’.  There was a strong focus on Māori which didn’t connect with earlier stated goals, and a fifth priority area added, which spoke of “tailored local innovation with a strong focus on hard to reach Māori communities and youth  In our view, the report lacked direction, purpose and clarity, and was less than convincing.  

An independent assessment of the report was subsequently published by Will Workman of Workman Enterprises Ltd, publishers of  ‘Māori Policy Commentary’.     (Yes we are related  - Will's great grandfather and my grandfather were brothers).  His assessment is not very flattering

The third ‘Drivers of Crime’ progress report was delivered by the responsible departments in February of this year to the Minister of Justice’s office, where it has stayed. 

Robson Hanan’s Shadow Report  to CERD

In its Shadow Report to CERD,   the Robson Hanan Trust submitted that  government agencies had researched the adverse early-life social and environmental factors which result in Māori over-representation, and developed culturally appropriate programmes and services for Māori. What they had avoided doing, was to address the long standing concerns about the existence of  personal racism and structural discrimination within the criminal justice system. 

The UPR Process – Round Two

As part of the Universal Periodic Review into Human Rights, member countries have the opportunity to make recommendations, which the subject country can either accept or decline.  The following recommendations relating to structural discrimination within the criminal justice system were made by member countries:

81. Step up efforts, in consultation with Māori and Pasifika communities, to address and prevent discrimination against members of the Māori and Pasifika communities in the criminal justice system and, in particular, the high rate of incarceration (Ireland);
82.  Continue its search for creative and integrated solutions to the root causes that lead to disproportionate incarceration rates of the Māori population (Cabo Verde);
83.  Set targets for increasing Māori participation in policing, the judiciary and the penal system (Canada);
84.  Continue its efforts to address the situation, of half the prison population in the country being Māori, through, among other things, its “Drivers of Crime “ initiative and Youth Crime Action Plan recently launched (Thailand);
133. Establish appropriate national strategies with the aim to identify and address structural discrimination in the justice system (Iran (Islamic Republic of))
The Response to the UPR Periodic Review

New Zealand responded on 1 June 2014.  Once again however, as it has done since at least 2007, it avoided the issue of structural discrimination in the criminal justice system.  It responded in this way:   
Recommendations 81, 82, 83, 84, 133:New Zealand will continue a focus on Māori and Pasifika groups in the context of work to reduce crime, including their over-representation in the justice system. New Zealand is committed to increasing Māori participation in the police force.  New Zealand will continue a focus on Māori and Pasifika groups in the context of work to reduce crime, including their over-representation in the justice system. New Zealand is committed to increasing Māori participation in the police force.

But wait there’s More.  The United Nations Working Group on Arbitrary Detention
While the UPR process was in train, the United Nations Working Group on Arbitrary Detention conducted a country visit to New Zealand from 24 March to 7 April 2014, following an invitation from the Government. The delegation was composed of the Chair-Rapporteur of the Working Group, Mr. Mads Andenas, and a member of the Working Group, Mr. Roberto Garretón. They were accompanied by two members of the Working Group’s Secretariat at the Office of the United Nations High Commissioner for Human Rights.
A full report on the visit is expected in October 2014, but a statement issued at   the end of the visit gives an indication of what we can expect. 

As well as covering issues around over-incarceration and detention of asylum seekers and refugees, persons with mental or intellectual disabilities, children and young persons, the Working Group had a particular focus on institutional racism in the criminal justice system and recommended:

"that a review be undertaken of the degree of inconsistencies and systemic bias against Māori at all the different levels of the criminal justice system, including the possible impact of recent legislative reforms. Incarceration that is the outcome of such bias constitutes arbitrary detention in violation of international law."

The Chair Mr Mads Andenas was interviewed on Checkpoint  about the inconsistencies in the criminal justice system. 

A Recent Example

The Robson Hanan Trust has very little research capacity but one doesn’t have to look far for evidence of structural discrimination.  In the course of preparing a submission on the Bail Amendment Bill 2012 we examined whether Māori offenders were treated differently from non-Māori . 

When we examined Serious Class A Drug Offences (Class A) and Serious Violent and Sexual Offences (SVSO) we expected that the gap between bail decisions for Māori and non-Māori would narrow.  This did occur for Serious Class A Drug Offences, where Māori were only 1.31 times more  likely than Europeans to be remanded in custody at some time.(1) However, Māori who appeared before the Court on serious violence and sexual offences were almost twice more likely to be remanded in custody than Europeans.  Australia, unlike New Zealand, is doing solid research in this area, where the rate of bail refusal is nearly three times higher than the proportion of non-Indigenous people.  Australian research shows that Aboriginal defendants are likely to have more restrictive (and often unrealistic) bail conditions imposed, leading to higher rates of bail breaches in comparison to ethnic-­majority defendants.(2) We suspect a similar situation exists in New Zealand – but there has been no research in this area since the 1950’s.

It’s Not Smart on Crime to Ignore Structural Discrimination

For Māori males born in 1975, it is estimated that 22 percent had a Corrections managed sentence before their 20th birthday, and 44 percent had a Corrections managed sentence by the age of 35. Māori are being imprisoned at a rate six times that of non-Māori; and that punishment quickly extends to their whānau and communities.  Imagine the impact we could make on the crime rate, if systemic bias was analysed and addressed over the next decade. 

Rethinking’s main response has been to share resources as widely as we can, mostly through preparing discussion papers on the issue of structural discrimination.  You can download some of these at the end of this blog. 

What More Can Be Done?
Rethinking Crime and Punishment’s position is clear.  While Māori are over-represented in the criminal justice system to the extent that they are, New Zealand cannot claim to be a world leader in human rights.  That  title can only be earned through a determined effort to address the issue of Māori over-representation in the criminal justice system, including systemic bias against Māori.
It may be that over time, the nation’s sense of honour will awaken.  When five member countries all point to our inadequate response, it must count for something.  Unfavourable comparisons with other societies, shame and ridicule, and criticism from more civilized nations, are sharp moral motivators.  When a highly immoral or deplorable practice becomes sufficiently repugnant in the eyes of a sufficient number of people, there will be a mood swing against it.  
Footnotes:
(1)   This figure is statistically significant (95% CI 1.106 – 1.555)
(2)  Blagg, H, Morgan, N, Cunneen, C and Ferrante, A (2005) Systematic racism as a factor in the over-­representation of Aboriginal people in the Victorian criminal justice system. Melbourne: Equal Opportunity Commission and Aboriginal Justice Forum.

Key Resources
1.  The Human Rights Commission Discussion Paper on Structural Discrimination  Structural (often referred to as systemic) discrimination occurs when an entire network of rules and practices disadvantages less empowered groups while serving at the same time to advantage the dominant group.
Structural Discrimination Have Anything to Do with It?  
This paper explores the existence of structural discrimination and personal racism within the criminal justice system, and proposes a way forward.

3.  You Have to Face it to Fix it - Fairness in the Criminal Justice System 
It is the role of our criminal justice leaders, through the Justice Sector Leadership Board, to ensure that policies and practises at the very least do not exacerbate existing unjustified disparity. Racial Impact Statements are one way of engaging in a pro-active assessment of how to address these issues in a constructive way.

The wellbeing of a nation is measured not by the absence of disorder, but by the presence of justice. “



71 Comments on this Post:

soniboni said...

good the communal network in the near future. visit this website Tons of results will be obtainable. That's lesser than what Snow gives, MSQRD APK Download nice.

so said...

we promoted had to be consistent with the basic human rights guaranteed under the NZ Bill of Rights and international covenants.

trafficriderapk.net

soniboni said...

good Nowadays your cinemabox is certainly mounted! Congrats. check this site Videos of multiples languages can get located in CinemaBox Cinema Box HD nice.

Cartoon Hd Apk said...

Universal Declaration of Human Rights, and the seven core international human rights instruments

Movie Hd App said...

Outcome Report and on developments in the human rights situation in Aotearoa New Zealand.

soniboni said...

good To open up it simply dual press on the shortcut produced on the personal pc. official link to stream no cost entertainment products . cinemaboxappdl nice.

Unknown said...

Expressing our ideas and have to share with others can examine us how good we are in writing and the topic. Here exactly happen the same and I like the way of writing you have chosen.
Hire the online custom essay writing service for valuable paper.

Unknown said...

good you will need Android Emulator to finished this method. Download Any playview android concerns in putting in this app, plz carry out short review below we nice.

jammy said...

you will need Android Emulator to finished this method. Download playview android app from here.

jammy said...

watch movies online through cinema box for ipad from here.

Anonymous said...

learn to create iCloud account from here,.

Kara Smith said...

Great post !!! keep sharing.
playview app

Paulo said...

On the off chance that you are confronting understudy credit obligation, you are not the only one. In the U.S. 40 million Americans have some sort of understudy credit obligation. This kind of obligation is higher than Visa obligation and auto advance obligation joined - second just to home loan obligation. usacheckcashingstore.com/san-diego

Paulo said...

In 1969, Elisabeth Kubler-Ross presented the five phases of melancholy in her book "On Death and Dying": Denial, Anger, Bargaining, Depression, and Acceptance. On the off chance that you have a huge understudy credit adjust, then you've most likely encountered some "sorrow" and are no more bizarre to the five phases. Auto Title Loans Chicago

Anonymous said...

good another location, caused totally from your PC system with itunes for windows the iphone tool from another location.Keep in mind that if great.

Unknown said...

Numerous business visionaries can deal with the pre-endorsement arrange quicker than the guaranteeing procedure. This is the place your loaning establishment expects straightforwardness and precision. Check Cashing Corona

Anonymous said...

good Now click Vidmate app as well as start installment, Vidmate Download Cinema Box HD for COMPUTER, PlayView for PC. best.

Unknown said...

Most non-conventional moneylenders have admittance to information banks that warning borrowers who are endeavoring to do quite recently that. Furthermore, while you might be endorsed for various little advances, your record will take a hit; similarly as specialists answer to drug stores patients who are medication looking for. Cash Advance San-diego

cathrynzbrown said...

good any kind of signup function, no subscription, no added mobdro download discover a whole lot. The application is made making nice.

sarahofalk said...

good Official utilizing your Android gadget. You will certainly get Kodi for PC watch pictures and also RSS you could open an ISO layout nice.

paper writing service said...

I believe that justice should be a fair and impartial authority and protect citizens' rights.

KellieWilliams said...

As well as indeed, just how can we neglect Google Play Store Google Play Store APK So, to gain access to Play Store, we require an application.

Anonymous said...

Hello everyone,

What are your Financial needs?
We give out loans from a minimum of $1,000.00 to a maximum of $10,000,000.00 with comfortable duration that ranges from 1 to 30 years at a very reduced interest rate of 3%.

Do you need a business loan?
Do you need a personal loan?
Do you want to buy a car?
Do you want to refinance?
Do you need a mortgage loan?

Do you need a huge capital to start off your business proposal or expansion? Have you lost hope and you think there is no way out, and your financial burdens still persists?
Please do not hesitate to contact us for possible business co-operation

Contact us via email: ramzanhelp31@gmail.com
+1 (915) 320- 3164

Mr. Ramzan

Vanwingerden Urick said...

As you take a gander at the master plan of things, you will see this is really a cosmic sum. This can turn out to be particularly detectable at whatever point you take a gander at the ordinary credit rates for individual advanceswww.usacheckcashingstore.com/san-diego

Mckelvey Broomfield said...

We as a whole know how it feels, when your auto simply does not sound right and you know you have to bring it into the shop, yet you fear what the technician will state. www.aaa1autotitleloans.com/chicago

James said...

If you want to play station games on your computer then you can use motioninjoyofficial.com to download the latest version of motioninjoy.

Unknown said...

Nice post outlook tech support

Custom Essay Writing Service said...

Great work. Thanks for sharing this article with us. In my point of view, this should be act everywhere in the world. And this can initiate more and more actions here.

Do my Essays said...

Thanks for sharing this. It is a great privilege to read this. Well written.

gmail sign up said...

You have posted a very detail document. I read all of your article and I really like it, I understand your point of view.

check casher Bridgeport said...

the best services about www.unitedcheckcashing.com within a short period. In USA you may find us everywhere, every city and 24/7. We actually love to oblige you the best things with 100% agreements and faster ever.
check casher Bridgeport

thesis writing service said...

Thanks for sharing amazing information !!!!!!
Please keep up sharing.

Unknown said...

awsome


nice blog

good information

Anonymous said...

Nice post. . While there are a constrained summed of Visas that offer 0% loans for 1 year, most charge significantly higher financing costs on loans than they do on customary buys. Cash Advance Chula vista

auto title loans chicago said...

Simply try to spend a couple of additional hours reviewing loan specialists first by assessing how each organization stacks up against the above criteria. Thusly, you'll increment your odds getting an issue free advance.

Rabe Mace said...

drivers pack solution click here for more

dissertation help uk said...

This is my first time i visit here. I discovered such a large number of fascinating stuff in your web journal particularly its discourse. From the huge amounts of remarks on your articles, I figure I am not by any means the only one having all the satisfaction here! keep doing awesome

The biggest advantage of this script is its ease of use said...

Fortnite (FREE V BUCKS) has become so popular since its launch that is has become a cultural phenomenon. If you are looking for fortnite free v bucks generator ps4 and fortnite v bucks generator no human verification. Here, we will tell you about all steps how to generate and redeem them.

https://boostvbucks.com/

vbghgf said...

hotmail login grat post keep sharing

NIC POST said...

Hotmail password recovery

Unknown said...

Reset iCloud password

Unknown said...

OmeTV cam
fetLife
Omegle

NIC POST said...

google chrome homepage
https://myhrcvslogin.co
kahoot login

Unknown said...

hotmail login

kik messenger for windows

kahoot login

jan said...

نقل عفش الاحمدي شركة نقل العفش الاحمدي
نقل عفش نقل عفش
فني صحي الكويت فني صحي
نقل عفش المنطقة العاشرة شركة نقل عفش المنطقه العاشره



amelia said...


Great article with excellent idea!Thank you for such a valuable article. I really appreciate for this great information talktowendys

Teresa Halminton said...

Email is one of most used features when you work, why don't learn more about it such as how to create a templates for your email, create signatures or set alarm to send later... with the tutorials on Hotmail login account

Barbara Pantuso said...

I like Your Post. Thanks for sharing.
digestivehealthinstitute
nhattao.com

Emma Ludwig said...

Great blog post. Thanks for sharing.
profsurv
thesanguy
pckitcj

admin said...

Smadav 2021 is one of the most effective neighborhood anti-viruses that can be tape-recorded to maintain our computer from attacks of different infections or malware that is fairly annoying. Although this antivirus is an antivirus made by children in the nation, however the ability to keep our computer or laptop is also rather great. Smadav Antivirus 2021 for Windows is called extremely light, also you will certainly not really feel install anvitivirus on your computer.

Emma Ludwig said...

vhearts
thinhankitchentofu
community
minecraftcommand

Helen Henson said...

newjerseyhunter
packetstormsecurity
kumu
sivanaspirit
cloudme


Emma Ludwig said...

childcarecompliancecommunity
studybible
mru
awaker
saldogratispoker
bighairydog


MariyamSimones said...

Wow, cool post. I'd like to write like this too - taking time and real hard work to make a great article... but I put things off too much and never seem to get started. Thanks though.

Information
Click Here
Visit Web

Palima Daro said...

Very nice post, i certainly love this website, keep on it

Chitchatr.com
Information
Click Here
Visit Web
App1.findit.com

Chand Mason said...

Can I just say what a relief to find someone who actually knows what theyre talking about on the internet. You definitely know how to bring an issue to light and make it important. More people need to read this and understand this side of the story. I cant believe youre not more popular because you definitely have the gift.

Addandclick.com
Information
Click Here
Visit Web

Ankita Tiwari said...
This comment has been removed by the author.
Aditi Kalal said...
This comment has been removed by the author.
civilhow said...

For example, landscaping gravel would remaining longer than mulch or pine straw, civil engineering making it outstanding for out of doors areas requiring a durable fabric, while creation gravel provides stable footing for production and landscaping.

hiroshroadways said...

A young, dynamic and reliable company Founded in 2017, Hirosh Roadways is one of the most prestigious Goods transport companies in Kerala state, India, operational on basically any India, Nepal and Bangladesh destination.packers and movers in thiruvananthapuram

Anonymous said...

Better burden limit:- A substantial carport is temperamental on the grounds that black-top can't deal with over-burdens too as it can. Civil guide You can never guess that there will be a stacked vehicle in your parking garage when your carports know about the vehicles to be driven on.

Anonymous said...

Ayurclinic specialises in Ayurveda medicine and offers Ayurvedic consultations and treatments for men, women and children across Ayurveda Melbourne
.

Sruthi Karan said...

Thanks for the post! I really enjoyed reading this blog and It is very interesting. This is clearly a lot to know about this.
proceso de divorcio no disputado en virginia
divorcio sin oposición virginia en línea

nithu said...

I like the helpful information provide in the articles.
sex crime attorney
sex crimes attorney

shazam said...

Great blog and very creative as well
Disputas Contratos Litigio Mediación
local family lawyers

Maddy said...

Im really impressed your article
Is new jersey a no fault state divorce

abogados de divorcio sin oposición en virginia beach said...

Puede haber varias razones para el fracaso de un matrimonio. Desde una conducta adúltera hasta un comportamiento violento, un matrimonio puede terminar por varias razones. Independientemente de las razones de un matrimonio fallido, es esencial solicitar la terminación del matrimonio de acuerdo con las leyes de Virginia. La mayoría de las partes que solicitan el divorcio proceden con el divorcio de mutuo acuerdo en Virginia.

Unknown said...

hotmail login realm. For what it’s worth, if they added Microsoft to the list, I would definitely have to throw Google out the Windows.”

Taylor Soper, reporter: Apple, Facebook, Amazon, Google

“Google is my email and smartphone — too crucial to drop. It’s a cool question because, what is replaceable and what isn’t?”

shazam said...

Thanks for sharing this knowledgeable article and Much helpful to gain knowledge a lot. keep posting like this
Traffic Lawyer Frederick VA
Traffic Lawyer Hanover Virginia

anisa jessie said...

The comment sections are vibrant communities of like-minded individuals sharing their thoughts, insights, and experiences. hotmail.com

Best Embroidery Digitizing services said...

Overlooking structural discrimination within the criminal justice system is a perilous oversight, with consequences reverberating throughout society. The collateral damage of systemic bias affects marginalized communities disproportionately. Addressing this issue isn't just a moral imperative; it's a crucial step towards fostering a truly equitable and just legal landscape. Ignoring these structural flaws perpetuates inequality and erodes the foundation of a fair and impartial system. It's time to confront these challenges head-on, fostering reform that ensures justice is blind and accessible to all.

Post a Comment