SUBMISSIONS OF THE ISLAMIC WOMEN'S COUNCIL OF NEW ZEALAND (IWCNZ) TO THE ROYAL COMMISSION OF INQUIRY INTO THE ATTACK ON CHRISTCHURCH MOSQUES ON 15 MARCH 2019
PART THREE: RECOMMENDATIONS
Dated: 2 December 2019
INTRODUCTION : RECOMMENDATIONS OF IWCNZ
(c) whether there were any additional measures that relevant State sector agencies could have taken to prevent the attack; and
(d) what additional measures should be taken by relevant State sector agencies to prevent such attacks in the future.
2 The terms of reference clarify that recommendations may concern legislation (but not firearms legislation), policy, rules, standards, or practices relevant to the terms of reference, that are consistent with the widely accepted values of a democratic society. Recommendations are made in subject areas A to H.
A Reforms to protect against future public service delivery failures
- political neutrality
- free and frank advice to Ministers
- merit-based appointment
- open government
Proposed legislative purpose 17 It is noted that the original proposed purpose that was the subject of consultation for the Impact Statement, commenced with the words : 11
- Delivering results and services for its citizens
25 Being customer centric requires that customer insight be used to inform effective customer delivery: 18 Public sectors are advised that the delivery process must be from the customer’s point of view, and using co-creation where value is co-created by the organisation and the customer. 19 Services are to be delivered based on the needs and preferences of the customer and there must be multiple delivery channels. 20 The competence, know-how and empowerment of staff to develop new models of service delivery must be developed. Staff training and development are critical. 21
- Expressly applying the principles and standards in the international human rights instruments;
- Participation & empowerment of individuals and groups, allowing them to use rights as leverage for action and to legitimise their voice in decision-making;
- Accountability for actions and decisions allowing individuals and groups to complain about decisions that affect them adversely;
- Vulnerability – balancing rights to maximise respect for all right-holders and where there is conflict, favouring the most vulnerable.
27 Since 1 Feb 2002, the New Zealand Government has been bound by Part 1A of the Human Rights Act which requires it to comply with the rights and obligations set out in the New Zealand Bill of Rights Act. It can be held to account before the Human Rights Review Tribunal and higher courts when it breaches these. It was expected, by the then Attorney-General, Margaret Wilson, that this would create a ‘human rights compliant culture’ within the public service. As cases against various departments have illustrated since then, this has not occurred and an antagonistic approach has, instead, been created. 23
28 If a human rights approach had been adopted by the Departments with whom IWCNZ was engaging, it is likely there would have been very different outcomes in the delivery of the respective and much-needed public services to the Muslim community. Each step in the approach is discussed briefly below.
(i) Standards in the international human rights treaties 29 When a country ratifies an international human rights treaty it makes a commitment to give effect to the standards in that treaty. The UN has consistently endorsed the notion that international human rights law should be understood as providing the domestic framework for - among other things - the operations of government and the interpretation exercises undertaken by the courts. However, while the courts have made significant strides in using international human rights treaties to construe legislation and the exercise of discretion for example, the public service has not followed suit. Though a report is routinely undertaken as to the compliance of proposed new legislation with the New Zealand Bill of Rights Act, and is required to accompany its introduction to the House, that is an after the event exercise. Human Rights obligations, values and guidance have not been used as a framework for the development of policy. 24
30 One example is given of the difference this may have made to the Muslim community. Had a human rights approach been part of the culture of the Public service when concerns about online Islamophobia and hate speech were being expressed, then the public sector agencies would have had a framework in the form of Article 19, General comment and the Rabat Plan of Action. 25
(ii) Participation 31 The UN Guiding Principles specifically refer to the need for “meaningful consultation with potentially affected groups and other relevant stakeholders." 26 Participation is the idea that those affected by a decision should be able to have a say in the outcome. It allows marginalised persons and communities who would otherwise have no means of directly influencing the public sector and policies that impact upon them and their communities, to do so. 27 The importance of participation to a healthy democracy is well recognised and is put well by Professor Smillie in 1978: 28 Providing citizens with an increased sense of involvement in the administrative process tends to allay suspicion that decisions of governmental regulatory bodies tend to unduly favour the organised entrenched interests of regulated enterprises at the expense of more diffuse and less organised interests such as those of consumers, environmentalist and recreational groups.
(iii) Non–discrimination 32 UN comment consistently refers to ensuring policies are not discriminatory and do not inadvertently favour or prejudice one group over another. Frank LaRue, the Special Rapporteur in 2010, on the promotion and protection of the right to freedom of expression, noted that stereotypes and prejudice against ethnic, racial, linguistic and religious groups are the result of racism and discrimination or the erroneous application of national security and anti-terrorism policies. It is essential, he goes on, that this is recognised and countered by developing a culture based on intercultural dialogue and tolerance. 29 The public service needs to have - as a guiding principle - this need when developing policies and projects.
33 The former narrow legalistic approach to discrimination that prevailed for many years (everyone should be treated the same) has been displaced by recognition of the socio-cultural and political-legal institutions which contribute to, and sustain, the structures of discrimination. To address them requires a commitment to treat people and groups differently where necessary to ensure equal outcomes. 30
35 This “culture of justification” contributes to good governance by ensuring that citizens are entitled to seek, and receive, answers for why their rights are infringed. This can be seen in relation to freedom of speech and the prohibitions against exciting/inciting racial disharmony. It can be inferred that the legislation was considered a necessary aspect of striking the balance between appropriate protection against discriminatory conduct leading to harm to a protected group and the value of freedom of expression.
(v) Transparency 36 Transparency is closely linked to accountability. To be transparent, public sector decision makers must be able to give reasons for decisions, particularly those with the potential to directly or indirectly discriminate. They must be able to explain openly why a project or policy is or is not being adopted. Justice Wylie’s observations in Smith v the Attorney-General are apt: 31 The giving of reasons encourages transparency of thought, which of itself is a vital protection against a precious or arbitrary decision. The very process of giving reasons is likely to mean that the decision is better thought out. When reasons are given, it can be more readily seen that the decision-maker has considered relevant matters and refused to consider irrelevant matters… The person affected may well be more inclined to accept the decision if it is reasoned.
37 If details of policy implementation, funding available for projects etc are not made public then there is no ability for public servants and the public service to be held to account, whether it be by community groups, lawyers or academics. They are all vital players in ensuring a healthy, open, transparent public service. 32
(vi) Vulnerability 38 The need to protect those vulnerable groups (usually marginalised) in society is a thread running through all human rights treaties. To date, groups recognised as needing protection include those identifiable by race, colour, national or social origins, language, sex, gender, motherhood, religion, political or other opinion, property, birth or other status, indigenous peoples, descent-based groups, immigrants or non-citizens and other vulnerable persons. 39 The concept is increasingly being used to indicate a heightened susceptibility of certain individuals or groups to being harmed or wronged by others or by the State. 33 It is an important consideration in situations where popular sentiment runs against recognition of the rights of groups such as prisoners. 34 In such cases, it can be a way of imposing obligations on the State to ameliorate the harm of certain policies by tailoring the policies to meet the specific needs and concerns of vulnerable groups. Vulnerability is best understood as a “universal, inevitable, enduring aspect of the human condition” and the role of the State is to be responsive to this. 35 40 Recognition of group vulnerability allows society to understand how it reinforces inequalities resulting from broader societal and institutional circumstances and to address them accordingly. Public servants from within vulnerable group 41 The employment of persons from vulnerable communities in the public service can create ethical issues and conflicts of interest. Where the community is small in size, the government may look to those public servants to represent the views of their community, without consulting with such a community. However, that process should never be a proxy for consultation with representatives or leaders of the public servant's community. 42 Furthermore, a public servant from a minority vulnerable community should not attend meetings of community advisers without also declaring they are a public servant. The fact that a person works for the public sector should always be declared when a community panel or group is working on government policy or making recommendations to government. The same issues undoubtedly arise in all groups but particularly within small and marginalised ones. In addition, appropriate and standard practices need to be established so as to shield both the information and the person with the conflict. This is so that that public servants do not use information obtained by reason of their work in government to develop community models that compete with those models already created in the community. Conclusion 43 In conclusion, several of the obstacles in the way of the public service being able to provide a customer-centric service will be addressed in the new legislation with its focus on joined-up government. These include the obstacle of a disproportionate focus on keeping control of resources and defending individual territories 36 and the lack of data-sharing across business units and customer channels, due to various structural and technology challenges.
44 However, the changes fall short of what is needed. A mandatory ‘service to the public and every section of it’ focus must be explicitly set out in the legislation. Further, second tier guidelines must be developed that identify the ‘means’ by which the public sector focus can be changed, in practice. The PWC guidelines are pertinent and entirely on point and should be used as guidance. In addition, a human rights approach should be taken to policy and project development. If this had been in place from the time Part 1A was enacted, it is expected that IWCNZ would have had a different and more positive experience with the public services it approached for support.
Recommendations – public sector reforms
2 The proposed public service reform legislation provides that a key principle includes ‘service to the public’.
3 The State Services Commission (or its successor) develop mandatory guidelines for the whole of the public service on the steps needed to reorient towards a public service/customer focus using the guidance of the PWC report, ‘The Road Ahead.’
4 The State Services Commission (or its successor) develop mandatory guidelines for the whole of the public service on how to reorient towards a human rights compliant culture in policy and project development using the human rights approach recommended by the United Nations and developed for New Zealand by the Human Rights Commission.
5 The State Services Commission develop a model of community engagement that requires the focus to be on self-empowerment of the communities it serves. Public servants to be trained in cultural awareness of the communities they serve.
6 The State Services Commission:a. review and update the Code of Ethics for all public sector employees so that it is comprehensive though straightforward and contains examples of ethical conflicts employees may have.b. provide an ongoing training programme to public servants on conflicts of interests and ethics.c. provide guidance to public sector employees on how to identify conflicts of interest between an employee’s work and personal life and what to do when potential or actual conflicts arise. d. develop a clause akin to a restraint of trade clause in certain areas where government contracts with external persons and groups so that an employee cannot contract themselves back to the government until a period of between 2 to 5 years has lapsed since employment. e. develop an advice and disciplinary committee in relation to breaches of ethics so that there are consequences for a person breaching them or acting contrary to a Code of Ethics.
B Support of the Muslim Community in New Zealand
Recommendations on support of the Muslim community
C Security for the protection of all communities in Aotearoa/New Zealand
Gun ownership and hate speech 55 There is little oversight into the background of persons owning guns in New Zealand. It appears the killer had guns that he had bought lawfully. IWCNZ welcomes the legislation to outlaw semi-automatic guns with exceptions. However, further work needs to be done to develop a system where the background of applicants is checked for hate speech/hate crimes and membership of hate or supremacist groups before they are given a licence to own one gun or more. Once a license is issued, it should have to be renewed biennially and checks made again at each renewal. Reported instances of hate speech and hate crimes need to be checked against the gun register and a licence removed if a report is well established. There should be an appeal system to protect against arbitrary or malicious reporting. 56 The 2017 Intelligence and Security Act 2017 requires at s 3(c)(i) that the functions of the intelligence and security agencies are performed in accordance with …all human rights obligations recognised by New Zealand law. This is compatible with a human rights approach. However, given the powers and focus on New Zealand population inherent in the Act, it is vital that security agencies listen to and act to protect the Muslim community as potential victims.
69 The programme has seen two comprehensive reviews since 2003. First in 2011 58 and again in 2018 following the 2017 terrorist attacks in Manchester and London. 59 It continues as it is said to be important to maintain “coherent and sincere preventative efforts”. 60 The alternative is a reactive approach which carries potentially greater risks.
70 The Missing Muslims Report recommended consideration of the appointment of a ‘Prevent Ombudsman’, to develop definitions of nonviolent extremism and how to incorporate emerging evidence / best practice from overseas programmes that tackled extremism. The Casey Review 61 71 In 2015 the then Prime Minister and Home Secretary instructed Dame Louise Casey to undertake a review into integration and opportunity in isolated and deprived communities. 62 The findings were that discrimination and disadvantage were feeding a sense of grievance and unfairness. In some places there were high levels of social and economic isolation. 63 The solution to all the problems was to promote integration and tackle social exclusion. 64 Missing Muslims Report 72 In July 2017 a group called ‘Citizens UK,’ the largest and most diverse community organisation in the United Kingdom, released a report from ‘The Citizen’s Commission on Islam, Participation and Public Life’ which it had set up to inquire into '…how to unlock British Muslim Potential for the Benefit of All.' It was chaired by the Rt Hon, Dominic Grieve QC, former Attorney General. The report was entitled ‘The Missing Muslims’, report by the Citizens Commission on Islam, Participation and Public Life.
73 The Commission found that in areas of high deprivation, lack of integration was at its greatest. It identified structural barriers including a lack of economic opportunities and discrimination, which were particularly acute for Muslim women. Employers were already making headway on addressing issues around unconscious bias – affecting both British Muslims and other groups – within their organisations.
However, more needed to be done, not just to provide more equitable access to opportunities for British Muslims but to allow the British economy to harness their potential for the benefit of the country. Recommendations centred around integration strategies and included steps employers needed to take to counter unconscious bias.
74 The government strategic emphasis should be on Preventing Violent Extremism rather than Countering Violent Extremism. The emphasis must be on steps supporting integration of the Muslim community into mainstream rather than engaging in surveillance of it. This requires a many pronged approach, as set out in the nine point plan IWCNZ has already provided to the public service.
75 Funding of youth initiatives, mentoring programmes, equal employment opportunity initiatives are all critical. The Muslim community in New Zealand is, in many parts, marginalised, and has been for a sustained period.
76 Work must also be done in New Zealand to prevent violent extremism in the Alt Right communities from which white supremacist terrorists and killers arise.
Recommendations on security reforms for New Zealand
12 New Zealand intelligence agencies develop other intelligence partnerships in addition to Five Eyes, including regional partnerships in the area it resides, so as to increase the accuracy and reliability of its intelligence base, and be and be seen to be more independent of the United States.
13 The current External Reference Advisory Group established by Inspector-General Gwyn should become a permanent fixture of the operation of the Inspector General of Intelligence and Security and as such, be provided for in legislation.
14 Applicants for gun licences and renewal of gun licences (licences should be renewed biennially) to be checked against the hate speech and hate crime records with a presumption that if the person has engaged in serious hate speech or hate crimes or is a member of or aligned with a supremacist group then they are not eligible for gun ownership. There should be a right of review of a decision to withhold a gun licence on this ground.
15 The government develop a whole of government robust approach to preventing extremism, to be focussed on strengthening the resilience and connection of vulnerable groups, in this case, the Muslim community with the wider community. It should be ‘people focussed’ and be modelled on an approach of ‘working with’ the community for the end goal of self-empowerment, rather than delivering services ‘to’ them.
16 The focus should move from CVE to PVE (preventing violent extremism) and from surveillance to promoting integration. That will require a multi- pronged approach in all areas identified by IWCNZ in its plan.
17 As part of this strategy, government to develop programmes to improve employment opportunities for Muslim youth and youth from other marginalised communities in New Zealand.
D Countering Islamophobia/ Hate Speech and Hate Crimes in New Zealand
81 Sections 61 and 131 HRA represent the domestic implementation of obligations under article 20 ICCPR. Section 14 of the New Zealand Bill of Rights Act 1990 enshrines the rights under Article 19 ICCPR. Section 14: Everyone has the right to freedom of expression, including the freedom to seek, receive, and impart information and opinions of any kind in any form. 82 NZBORA also contains a right to freedom from discrimination under NZBORA: Section 19 :(1)Everyone has the right to freedom from discrimination on the grounds of discrimination in the Human Rights Act 1993.
83 Many targets of hate speech believe that hate speech is a form of discrimination against them and hence s 61 has an equal status to s 14 so the issue is which right prevails. This view has been rejected by the courts. 67
84 It is generally considered that the first limb of the s 61 test is not difficult to meet due to the elasticity in the concepts. It was met in relation to the cartoons in the Fairfax decision. It is the second limb, where the question is whether the material is likely to excite hostility against a group or bring them into contempt by reason of their race, colour, or ethnic or national origin that is the barrier where most claims fail. 85 The court in Fairfax held that the legislative mandate was to consider the effect of the impugned words on others outside the target group. The question was whether ‘a reasonable person, aware of the context and circumstances surrounding the expression, would view it as likely to expose the protected group to the identified consequences’. 68 The audience was held to be the readership of the two newspapers at issue and because the piece was balanced within the publication and around the same time with other views about the food in schools programme, it held the cartoons were unlikely to excite the necessary hostility. Another contributing factor was the breadth of the audience. The Court rejected the submission that the focus should be on the group of people being targeted. 69 86 Currently there is no legislative pointer or judicial comment enabling the taking account of the knowledge and experience of the target group when considering the second limb and whether the language used was likely to incite hostility against them. The focus is on a reasonable person, aware of the context and circumstances surrounding the expression. Yet members of the target group will have valuable insight and input at this stage. They are in as good a position, if not better, than a ‘reasonable person’ not from that target group, to know if the impugned words are likely to excite hostility or ill will in non-target group members against them, the target group. Currently the test lacks a valuable source of input in the decision making process. In the case of IWCNZ and other Muslim persons in New Zealand prior to the Christchurch attacks, they could accurately predict when waves of hostility arose and their perception of the likely consequences of the speech upon them should be a factor in the mix of considerations. 87 It is therefore recommended that s 61 and 131 be amended to require consideration of the experience of the target group that the words were directed against, in relation to the impact of hate speech upon others. This need not replace the reasonable person’s hypothetical view but adds to the considerations. Comparative sentencing 88 It is noted that the sentences under Section 131 are out of step with comparative offences in the criminal law. For example, XXXX, the white supremacist who spread information about the Christchurch shooting over the internet, was given a custodial sentence of 21 months for what the Judge described as a hate crime yet s 131 only mandates a sentence of up to 3 months or fine of $7000. Hate speech on internet 89 To date the cases which have been decided under s 61 have concerned mainstream newspapers (or private radio station in relation to Archer). The speech clearly comes within the terms ‘publish, distribute, broadcast or other electronic communication’. The type of recent Islamophobic hate speech which has been disseminated via the internet and particularly in certain websites is most likely to be caught under the term ‘electronic communication’ but the provision could be updated to make that explicit. This is important because where words are distributed and the writer is not a member of a sector group that is accountable, for example to the Broadcasting Standards Association, persons engaging on social media have no accountability other than s 61 and 131. 90 As a further means of giving notice to those who might engage in hate speech online as to where the boundaries lie, it is suggested that the Harmful Digital Communications Act specifically require companies to outline publicly how they define hate speech and enforce rules against it. Companies should also be required to identify and be able to disclose quickly, to an enquirer, whether the commentator is making the comments from New Zealand. United Nations Guidance 91 The United Nations has been active since 9/11 in an ongoing process of assisting national states with their duties under Article 19 and 20 ICCPR. The Office of the High Commissioner for Human Rights (OHCHR) brought experts together in Rabat in October 2012 at which they developed a Plan of Action. 70 Rabat Plan of Action 92 The Plan recommended that a clear distinction should be made between three types of expression: (i) expression that constitutes a criminal offence (ii) expression that is not criminally punishable, but may justify a civil suit or administrative sanction (iii) expression that does not give rise to criminal, civil or administrative sanctions, but still raises concern in terms of tolerance, civility and respect for the rights of others.
93 The plan says that where expression incites hatred then it must be criminalised. In such cases, marginalised communities should be supported to take action. In determining what type of language would meet that test, the plan recommended account be taken of six factors. 71
- 94 In relation to the third type of expression, there was a myriad of steps that were recommended could be taken and an obligation was on States to take action. Legislation was only part of a larger toolbox to respond to the challenges of hate speech. New Zealand has enacted legislation in relation to (i) and (ii) in the form of s 131 and 61 HRA. The Plan indicates a much broader set of policy measures was required for the third type of speech, which can negatively impact upon community members human rights in multiple ways. 72 Recommendations made to states were to: Enhance engagement in broad efforts to combat negative stereotypes of and discrimination against individuals and communities on the basis of nationality, ethnicity and race. 
- promote intercultural understanding, including gender sensitivity. 
- promote and provide teacher training on human rights values and principles and introduce or strengthen intercultural understanding as part of the school curriculum. 
- build capacity to train and sensitize security forces and police concerning the prohibition of incitement to hatred. 
- enhance the function in national human rights institutions to foster social dialogue and accept complaints of incitement to hatred. 
- ensure the systematic collection of data in relation to incitement to hatred offences
- have a public policy and regulatory framework to promote pluralism and diversity of the media with non-discrimination and universal access to it as a means of communication.
95 IWCNZ says that the government must ensure the adoption of all these steps to address speech that infringes the rights of others and creates disharmony despite falling outside of s 61 and 131. The Rabat Plan of Action also has specific steps for non-government stake holders. The government should ensure these are drawn to the attention of relevant NGO actors. Political dog whistle language 96 The messaging of some politicians (particularly around election time), on social media and in social commentary is that migrants are causing harm. In fact, they have a lower crime rate; have boosted the economy and contribute to New Zealand in many diverse ways. Many of the problems for which migrants are held responsible are caused by structural, systemic and regulatory issues within New Zealand. The Rabat plan says this about political parties:
57 Political parties should adopt and enforce ethical guidelines in relation to the conduct of their representatives, particularly with respect to public speech.
97 IWCNZ says that the government itself and the public sector have a responsibility to address misconceptions about migrants and alter the messaging. 73 United Nations Strategy and Plan on Hate Speech 98 In May 2019 the United Nations Secretary-General, Antonio Guterres issued a United Nations Strategy and Plan of Action on Hate Speech. It lists the key actions to be taken: They are:
- Monitoring and analysing hate speech
- Addressing root causes, drivers and actors of hate speech
- Engaging and supporting victims of hate speech
- Convening relevant actors
- Engaging with new and traditional media
- Using technology
- Using education as a tool for addressing and countering hate speech
- Fostering peaceful, inclusive and just societies to address the root causes and drivers of hate speech
- Engage in advocacy
- Develop guidance for external communications
- Leverage partnerships
- Building the skills of UN staff
- Supporting member states
99 Finally, last month, the Special Rapporteur, on the promotion and protection of the freedom of opinion and expression, David Kaye, issued his Report. 74 Again he endorses the Rabat Plan of Action and warns strongly against governments obliging internet companies to ban offensive speech outright, rather than apply the human rights standards. Conclusion 100 Consequently there is a wealth of information and assistance available to the government on how to deal with speech that causes concern even if it does not meet the legal definition under s 61. IWCNZ says that leaders of all parties in parliament and particularly those in government, must lead in influencing society against hate speech and hate crimes. Christchurch Call 101 Further to the ‘Christchurch Call, the challenges of hate online and hate speech, and the speed with which it mutates, require urgent consideration. Given the Human Rights Commission has responsibilities relating to discrimination and human rights and the mediation of s 61 complaints, it would appear to be the agency to undertake additional activities in relation to hate speech and hate online. This should include a review of jurisdictional issues and abilities to pursue foreign actors who are intentionally damaging New Zealand and/or its citizens with online hate.
102 Again, further to the 'Christchurch Call', an inquiry needs to be undertaken into how social media companies can be regulated to better protect New Zealand society and reduce online hate, while ensuring that free speech rights are protected. This could be done by a select committee. The report of the Special Rapporteur has provided guidance in this area.
Data on complaints of hate crimes and hate speech 103 The results of requests to the police under the Official Information Act suggest there have been no hate threats, speech or crimes in New Zealand and there is not a problem. This is completely erroneous. It reflects the fact that police have not been recording such complaints and that there is no proper system for data collation. Ms Danzeisen recalls she had to insist that the police record the Syrian pig incident referred to in the submissions. 104 The OIA response is contrary to what the police, in fact, know. For example, on request for support, the police provided a WOWMA camp with a police presence for all three days. Why would they do this if they were not convinced there was a risk that hate crimes might be committed. As the United Nations says repeatedly, it is vitally important to collect data so that it can feed into support and prevention strategies. The police must establish reporting systems that are accessible, user friendly and capture important data. 105 Reference is made to Part 1 of the submissions and the hate speech and abuse that is directed at Muslim women in New Zealand. It is ongoing. 75
Recommendations to address hate speech and hate crimes
17 The reporting system to be linked into security agencies databases so that those people perpetrating hate speech and hate crimes can be monitored.
18 The reporting system to also enable anonymous reporting of hate crimes and hate speech directed at persons.
19 Research projects be developed in the public service, private research organisations and academia, into how people get caught into white supremacist ideology and alt-right activities and, too, identify effective means of deradicalizing such persons.
20 S 61 HRA be amended to include the ground of religious or ethical belief in addition to colour, race or national or ethnic origin. 21 S 61 HRA be amended to include provision for the court to take account of the experience of the target group as to the likelihood of the material at issue being likely to excite hostility against or to bring into contempt any group of persons in New Zealand on the ground of their colour etc.
22 S 131 HRA sentences be aligned to those in the criminal law for comparable offences.
23 Expand and reform the Human Rights Act to meet the challenges of hate online and hate speech and the speed in which it mutates.
24 In line with the 'Christchurch Call', the speaker of the House be called upon to establish a select committee to inquire into regulation of social media companies. 25 Community organisations be funded to research and run digital literacy programmes that focus on education about and the prevention of hate online. 26 The government take responsibility to comply with Objective 18 of the Global Compact on Migration to counter the anti-migrant statements and targeting and scapegoating of migrants, especially during election time. 27 It should also take the lead in cultural awareness training of judges and court registrars. 28 New Zealand on Air has a responsibility to allocate funding taking account of the need for representing minority faces in media in a positive light.
Recommendations on reparations
31 Reparations be made to those who have suffered economic loss that is not covered by ACC or any other workplace scheme, being loss arising as a direct result of the Christchurch attacks. This includes families of those who passed, those who were injured and their families, those who were present during the attacks and were traumatised by what they saw, medical, police and other professional workers who had to support the injured, take care of the deceased and deal with the awfulness of the situation.
32 Every person who lost an immediate family member in the attacks be permitted to have one person come to New Zealand in the deceased’s place, whether or not they otherwise fit the immigration criteria.
F Education: Addressing Islamophobia, cultural ignorance and bullying in education
34 Materials on the Muslim faith and values, approved by Muslim leaders, should be available as teaching material for all teachers and unconfirmed materials from the internet should be avoided.
35 ERO should audit schools for their cultural competence to work towards harmonious race relations and management of diversity. All schools should enable a system where students can complain about race or religious based discrimination by teachers.
36 The current provision in the Education Act that permits a school to be closed for an hour a week for religious instruction (which is interpreted to mean Christian) and allows parents to opt students out, should be removed and consideration be given to the teaching of cultural and religious diversity as a compulsory part of the curriculum.
38 Anti-bullying programmes should be mandatory in all schools in New Zealand and ERO should audit schools' compliance with them.
38 The government make an exception to its immigration rules so that those who have lost a support person in the Christchurch attacks are enabled to have another person migrate to support them.
Primary Authorities referred to in Recommendations
Her Majesty’s Government “CONTEST” – The United Kingdom’s Strategy for Countering Terrorism’ CM9608 at 27. Fahid Qurashi “The Prevent strategy and the UK ‘war on terror’: embedding infrastructures of surveillance in Muslim communities” (2018) 4 Palgrave Communications 17 at 22-23, 27 and 46; s Joana Cook Avoiding the Pitfalls of Prevent (Georgetown Institute for Women, Peace and Security, 2017) at 4. Open Society Justice Initiative: The UK’s Prevent Counter-Extremism Strategy in Health and Education (Open Society Foundations, 2016) at 15 and 34.
The road ahead for public service delivery; Delivering on the customer promise Price Waterhouse Coopers Public Sector Research Centre. The Principles of Public Administration. Sigma (joint initiative of the OECD and EU, principally financed by the EU). Dangerous Speech: A proposal to prevent Group Violence, Dangerous Speech Project, Susan Benesch. Article 19(org) medial release: Article 19 welcomes the Rabat Plan of Action on Prohibition of Incitement and calls for its full implementation . https://www.article19.org Her Majesties Government ‘Countering International Terrorism: The United Kingdom’s Strategy’ (July 2006) CM6888 Sigma Papers No 27: European Principles for Public Administration (joint initiative of the OECD and European Union)