Government warned on ethnic responsibility

By RUTH BERRY

The Government has been given a sharp reminder that its review of ethnically targeted policies could run counter to its international human rights obligations.

Race Relations Minister Trevor Mallard yesterday announced 23 programmes and policies would be scrutinised by the first stage of the review.

They have been selected from the departments of health, education, labour, culture and heritage and the Education Review Office.

They include multi-million-dollar initiatives such as the NZ Health Strategy and the Maori Health Strategy, health-based population funding and school decile-funding formulas.

A range of smaller programmes have also been included.

Mr Mallard emphasised yesterday that a mixed bag of projects had been chosen and the selection did not signify they would be axed.

The Government announced the review this year following National leader Don Brash's Orewa speech attacking "race-based" funding.

But other papers released yesterday show the review unnerved Race Relations Commissioner Joris de Bres and some Government agencies.

In a letter sent to former State Services Commissioner Michael Wintringham in May, Mr de Bres reminded the Government of its obligations to protect the human rights of ethnic groups.

It had signed United Nations conventions which said "special measures" had to be taken to secure the "adequate advancement of certain racial groups", he noted.

Mr de Bres welcomed the review, "provided its focus is on achieving effective policies and programmes to reduce inequalities between different ethnic groups and it is not intended to eliminate any programme solely on the basis that it is focused on a particular ethnic group".

The Ministry of Social Development raised concerns about the speed and nature of the review, while comments in the papers from other departments made it clear they felt that in most cases the programmes were justified.

Their concerns are likely to be somewhat mollified by Mr Mallard's assurances yesterday that while some ineffective programmes may be dumped, there would not be a wholesale abandonment.

"We will continue to use targeted programmes that are effective for groups, just as we do it for people who are elderly and just as we do it for rural populations."

Advice to departments released alongside the announcement went further, suggesting the review was mainly about clarifying why such programmes were necessary. "The aim is not to eliminate . . targeting by ethnicity, but to explain what the policies and programmes are intending to achieve and whether targeting by ethnicity helps achieve that objective."

The Government plans to review consultation provisions between Crown agencies and Maori in legislation and has also announced a review of the constitutional status of the Treaty of Waitangi.

Mr Mallard said that until the parameters of the treaty review were defined, it was unclear where the consultation review would slot in.

The papers also note Te Puni Kokiri and the Justice Ministry are "scoping the development of a policy framework for the preparation and execution of instruments which formalise relationships between Government departments/Crown entities and Maori".

Attorney-General Margaret Wilson is leading that initiative, which her spokeswoman said involved a "stocktake of a variety of arrangements between Crown entities and Maori".