Treat refugees better says UN

By HELEN TUNNAH

The United Nations has criticised New Zealand for its detention and treatment of asylum seekers since last year's terrorist attacks in the United States.

The UN Human Rights Committee in Geneva has told the Government it is worried about the "negative" impact of new laws and procedures affecting asylum seekers, and about the expulsion of some people.

The concerns are included in a report that generally praises human rights standards in New Zealand.

The Government is applauded for law changes including the Employment Relations Act, the Domestic Violence Act and the introduction of paid parental leave.

As well as raising concerns about asylum seekers, the UN committee questions aspects of preventive detention legislation and the experiment with private prisons.

The Government prepared its own comprehensive report for the committee, which assessed whether New Zealand was meeting its obligations as a signatory to the International Covenant on Civil and Political Rights.

Foreign Minister Phil Goff had not read the UN's report last night and was not available to comment.

The criticism of the detention of many asylum seekers follows a successful High Court challenge to the Government's post-September 11 policy, which has greatly increased the number of asylum seekers detained in New Zealand.

The UN report says the policy may have been introduced without New Zealand's obligations under the covenant being fully considered.

There were also concerns that New Zealand had no procedures to monitor the safety of those expelled.

Justice David Baragwanath ruled in the High Court in June that the policy, contained in an Immigration Service operational instruction, was unlawful. He also said the detention policy breached New Zealand's obligations under the UN Convention for Refugees.

Immigration Minister Lianne Dalziel criticised the court decision and the Government is appealing.

It is not known whether New Zealand officials who met the UN made the appeal plans known.

Instead, the UN committee was told the Government had amended its policy to comply with the court ruling.

The New Zealand delegation, mainly senior civil servants, had earlier assured the UN there was no mandatory detention of asylum seekers and international guidelines for their treatment were being met. Although the UN was told the policy did not require Cabinet scrutiny, it was approved by Ms Dalziel with documents copied to Prime Minister Helen Clark.

The Immigration Service tightened its detention procedures to meet security fears after the terrorist attacks in the US.

Before September 11, just 5 per cent of asylum seekers were detained on arrival. After the new policy was introduced, detentions soared to 94 per cent and almost all asylum seekers are still being detained despite Justice Baragwanath's decision.

The Government told the UN it attached great importance to upholding the spirit and letter of the covenant.

Feature: Immigration