Derogation from obligations under the International Covenant of Civil and Political Rights.
Peter made this Official Information request to Jacinda Ardern
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From: Peter
Dear Jacinda Ardern,
The International Covenant of Civil and Political Rights requires that New Zealand as a state party derogating from its obligations due to the state of emergency, under the Covenant notify the other states parties to the Covenant, through the intermediary of the Secretary-General of the United Nations, of the provisions from which it has derogated and the reasons by which it was actuated.
As per requirement of the covenant...
45. The notification shall contain sufficient information to permit the states parties to exercise their rights and discharge their obligations under the Covenant.
In particular it shall contain:
(a) the provisions of the Covenant from which it has derogated;
(b) a copy of the proclamation of emergency, together with the constitutional provisions, legislation, or decrees governing the state of emergency in order to assist the states parties to appreciate the scope of the derogation;
(c) the effective date of the imposition of the state of emergency and the period for which it has been proclaimed;
(d) an explanation of the reasons which actuated the government’s decision to derogate, including a brief description of the factual circumstances leading up to the proclamation of the state of emergency; and
(e) a brief description of the anticipated effect of the derogation measures on the rights recognized by the Covenant, including copies of decrees derogating from these rights issued prior to the notification.
Can your please provide me with a copy of the notification that was sent to the Secretary-General of the United Nations that contains all information required above?
Yours faithfully,
Peter Mark van Wyk
From: Rt Hon Jacinda Ardern
Kia ora
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From: Rt Hon Jacinda Ardern
I am writing on behalf of the Prime Minister, Jacinda Ardern, to acknowledge receipt of your Official Information Act request.
Your request will be responded to under the provisions of the Official Information Act 1982.
Yours sincerely
Dinah Okeby
Office of the Prime Minister
-----Original Message-----
From: Peter [mailto:[FYI request #17428 email]]
Sent: Tuesday, 2 November 2021 2:39 PM
To: J Ardern (MIN) <[Jacinda Ardern request email]>
Subject: Official Information request - Derogation from obligations under the International Covenant of Civil and Political Rights.
Dear Jacinda Ardern,
The International Covenant of Civil and Political Rights requires that New Zealand as a state party derogating from its obligations due to the state of emergency, under the Covenant notify the other states parties to the Covenant, through the intermediary of the Secretary-General of the United Nations, of the provisions from which it has derogated and the reasons by which it was actuated.
As per requirement of the covenant...
45. The notification shall contain sufficient information to permit the states parties to exercise their rights and discharge their obligations under the Covenant.
In particular it shall contain:
(a) the provisions of the Covenant from which it has derogated;
(b) a copy of the proclamation of emergency, together with the constitutional provisions, legislation, or decrees governing the state of emergency in order to assist the states parties to appreciate the scope of the derogation;
(c) the effective date of the imposition of the state of emergency and the period for which it has been proclaimed;
(d) an explanation of the reasons which actuated the government’s decision to derogate, including a brief description of the factual circumstances leading up to the proclamation of the state of emergency; and
(e) a brief description of the anticipated effect of the derogation measures on the rights recognized by the Covenant, including copies of decrees derogating from these rights issued prior to the notification.
Can your please provide me with a copy of the notification that was sent to the Secretary-General of the United Nations that contains all information required above?
Yours faithfully,
Peter Mark van Wyk
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From: J Ardern (MIN)
Jacinda Ardern
Tēnā koe,
On behalf of Raj Nahna, I attach a letter in response to your OIA request.
Ngā mihi,
Private Secretary (Executive Support)
Office of the Prime Minister
Authorised by Rt. Hon Jacinda Ardern MP, Parliament Buildings, Wellington
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Obligations, correspondence, derogation, and remedies under the International Covenant on Civil and Political Rights
To Ministry of Justice by John
The Parlermaid left an annotation ()
The Prime Minister's secretary has been untruthful. New Zealand derogated from Article 7 of the ICCPR when it punished citizens who refused to accept experimental medical treatment (Covid-19 vaccination) in 2021-2022.
A human rights treaty is an international agreement that imposes binding obligations to protect and promote rights and freedoms on States that officially accept it (commonly through ratification or accession). Those States are referred to as State parties to the treaty. New Zealand is a State party to the International Covenant on Civil and Political Rights ('ICCPR'), and is therefore obliged to ensure the Articles that make up the Covenant are vigorously upheld.
Article 4 [at 2.] of the ICCPR states that: "No derogation from articles 6, 7, 8 (paragraphs I and 2), 11, 15, 16 and 18 may be made under this provision."
Article 7 states that: "No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. In particular, no one shall be subjected without his free consent to medical or scientific experimentation."
The Covid-19 Pfizer vaccination, at the time that it was mandated pursuant to the Public Health Response (Vaccinations) Orders (including Amendments), and at the time that Government was assisting private businesses to require the vaccine for their workers (or dismiss those workers if they remained unvaccinated), was still 'experimental' - i.e. it was not yet out of the third trial phase of development, and the safety data was not yet received in full. Thousands of workers across New Zealand were punished for refusing to accept the experimental medical/scientific treatment provided by Pfizer, and this was a policy applied by the New Zealand Government.
Thus, the New Zealand Government was in breach of its obligations as a State party under the Covenant.
In the first instance, victims of the punishment may make an application to the High Court for remedy. If remedy fails, the victim may make an Individual Complaint to the relevant Committee. https://www.ohchr.org/sites/default/file...
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