Venkat Raman
Auckland, March 17, 2021
The government must offer further assistance to the families of victims of the Christchurch massacre of March 15, 2019 and that the State is accountable for lapses as per international human rights standards.
The call has come from Human Rights Commission based in Wellington this morning.
In a 14-page Report called, ‘Reflections on the Report of the Royal Commission of Inquiry’ (into the terrorist attack) released today (March 17, 2021), Paul Hunt, Chief Human Rights Commissioner said that the families of those murdered in the terrorist attack, the survivors and witnesses must be helped to redress the severe harm that they have suffered.
Ensuring rights of people
Mr Hunt said that the government has a critical human rights duty to ensure the rights of the affected whanau, survivors and witnesses to reparation and access to justice.
“Many aspects of the government’s response to date are consistent with a human rights approach, including setting up the Royal Commission of Inquiry and the Prime Minister’s apology, but the commitment does not stop there,” he said.
According to the HRC, complex legal processes are in store for the affected families, survivors and witnesses including a coronial inquest. The Report said that these come after consultation with those directly affected, following the publication of the Royal Commission of Inquiry Report on December 8, 2020.
“While legal aid is likely to be available for those wanting representation at the Coronial Court the process of getting that support is complex and may also come with costs. There is also the broader question of assistance in engaging with other types of processes, particularly those with a potential for reparation, such as the restorative justice process recommended by the Royal Commission,” Mr Hunt said.
Compensation and Repatriation
The HRC Report noted that the Royal Commission was not asked to consider questions of compensation or other forms of reparation.
But Mr Hunt believes this did not absolve the government from a duty to make reparations in proportion to the severe harm caused.
He said that the affected community, as victims of terrorism, had a right to seek and obtain information about the causes and conditions that led to the attack, so that they could learn the truth. While the Royal Commission’s Report provided a considerable amount of information the suppression orders, particularly the 30-year order on evidence and submissions by public sector chief executives, were a surprise.
Absence of consultation
“The suppression order over government information sends a mixed signal to the affected whanau and survivors. Given the lack of prior notice or consultation, it has had a potentially damaging effect on the community’s trust in the process,” Mr Hunt said.
He said that the HRC will continue to consult with affected families, survivors and witnesses to understand their perspectives and will also engage with the government on its human rights duties and tangata whenua.
Important Dates:
December 8, 2020: The Report of the Royal Commission of Inquiry into the terrorist attack on Christchurch masjidain was published. The 800-page document found that no public sector agency was at fault, and the Government accepted the findings and agreed in principle to its 44 recommendations. Prime Minister Jacinda Ardern apologised for government failings in the lead up to the attacks.
January/February 2021: The Department of Prime Minister and Cabinet (DPMC) hosts regional hui seeking feedback on the report and provide information about initiatives underway. Further engagement with wider communities and the public are expected to follow.
February 2021: a report by the Federation of Islamic Associations in New Zealand (FIANZ) calls for greater support for Muslim communities including a comprehensive needs analysis of the victims and full accountability from the NZ Police and the NZ Security Intelligence Services.
February/March 2021: A summary response by the Human Rights Commission (HRC) is prepared in parallel to hui held by DPMC to gather feedback on the Royal Commission of Inquiry’s report. Reflections on the Report of the Royal Commission of Inquiry into the terrorist attack on 15 March 2019 is published by the HRC (attached).
Coming up: Muslim body seeks accountability and closer engagement
