New Zealand has taken an active role in the negotiation and drafting of several international human rights instruments including the Universal Declaration of Human Rights, the Convention on the Rights of Persons with Disabilities, and the Second Optional Protocol to the International Covenant on Civil and Political Rights.

Universal Declaration of Human Rights

New Zealand made a number of contributions in the lead up to and in the drafting of the United Nations Declaration of Human Rights (UDHR) adopted by the United Nations General Assembly on 10 December 1948.History of the Declaration United Nations. Retrieved 30 April 2014.

United Nations Conference on International Organization

Its first involvement came in 1945 when a New Zealand delegation led by then Prime Minister Peter Fraser, attended the United Nations Conference on International Organization held in San Francisco.Colin Aikman "New Zealand and the Origins of the Universal Declaration" (1999) 29 VUWLR 1 at 2. This conference resulted in the creation of the United Nations Charter, the founding document of the United Nations (UN).United Nations Charter: Introductory Note Retrieved 30 April 2014.

At the time of the conference, Chapter One which sets out the purposes and principles of the proposed UN made no reference to human rights and fundamental freedoms.Aikman "New Zealand and the Origins of the Universal Declaration" (1999) 29 VUWLR 1 at 2. In light of this, New Zealand proposed a new paragraph be inserted in the Article 1 stating that "All members of the organisation undertake to preserve, protect and promote human rights and fundamental freedoms, and in particular the rights of freedom from want, freedom of speech and freedom of worship."Aikman "New Zealand and the Origins of the Universal Declaration" (1999) 29 VUWLR 1 at 2.

The amendment was not incorporated but there are several references to human rights and fundamental freedoms in both the Preamble and in Article 1 which stipulates one of the purposes of the United Nations as being: To achieve international co-operation in solving problems of an economic, social, cultural, or humanitarian character, and in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion.Charter of the United Nations Chapter 1: Purposes and Principles Article 1 Retrieved 30 April 2014.

Commission on Human Rights

New Zealand's second major contribution occurred in relation to a draft Declaration sent to UN member governments by The United Nations Commission on Human Rights in 1947.

A special Human Rights Committee composed of the Solicitor-General, the Director of Education, the Director of the New Zealand Council of Educational Research, and four academics at Victoria University College (now Victoria University of Wellington), was formed to comment on the draft.Aikman "New Zealand and the Origins of the Universal Declaration" (1999) 29 VUWLR 1 at 3. Subject to a few minor changes, its findings were sent to the commission as the New Zealand Government's views. New Zealand was one of the only countries to make such a submission.Aikman "New Zealand and the Origins of the Universal Declaration" (1999) 29 VUWLR 1 at 3.

Paris Assembly 1948 Again led by Peter Fraser, a delegation attended a number of meetings held by the General Assembly's Third Committee in Paris to comment on the final drafting of the UDHR.

Originally, New Zealand expressed the view that the Declaration should not be adopted at the Paris Assembly. Rather, the International Bill of Rights consisting of the Declaration, Covenant and measures of implementation, should be adopted as a whole.Aikman "New Zealand and the Origins of the Universal Declaration" (1999) 29 VUWLR 1 at 4. The reason for this view was that it was thought that adopting the Declaration first, intended to be a statement of principles with moral effect only, would prejudice the preparation of the Covenant. This was particularly so given that, unlike the Declaration, the Covenant created legal obligations.Aikman "New Zealand and the Origins of the Universal Declaration" (1999) 29 VUWLR 1 at 4.

Eventually, New Zealand conceded to the majority view and agreed that immediately adopting the Declaration was necessary for matters to progress.Aikman "New Zealand and the Origins of the Universal Declaration" (1999) 29 VUWLR 1 at 4. It did, however, successfully put forward a resolution calling on the Commission on Human Rights to continue to give priority to the Covenant and measures of implementation.Aikman "New Zealand and the Origins of the Universal Declaration" (1999) 29 VUWLR 1 at 4.

New Zealand's final contribution involved a proposal to alter the wording in Article 23(4) which is concerned with trade unions.Aikman "New Zealand and the Origins of the Universal Declaration" (1999) 29 VUWLR 1 at 6. Originally, the text read: "Everyone is free to form and join trade unions" but after the Third Committee accepted a New Zealand wording, now reads "Everyone has the right to form and join trade unions for the protection of his interests."Aikman "New Zealand and the Origins of the Universal Declaration" (1999) 29 VUWLR 1 at 6.

Convention on the Rights of Persons with Disabilities

New Zealand contributed significantly to the co-ordination and drafting of the Convention on the Rights of Persons with Disabilities (CRPD) which was adopted by the General Assembly on 13 December 2006 and came into force on 3 May 2008.CRPD Information UN Enable. Retrieved 2 May 2014.

New Zealand first became involved in July 2002 when the Ad Hoc Committee, established by the General Assembly to consider proposals for a convention, held its first meeting. Represented by the New Zealand Permanent Representative to the United Nations, Don MacKay, the New Zealand Office for Disability Issues and the Ministry of Foreign Affairs and Trade(MFAT) delivered a formal statement to the meeting.History of Convention: Negotiation Process Office for Disability Issues. Retrieved 2 May 2014.

The statement: acknowledged that a new convention would promote and advance the rights of disabled people. requested that the Committee strengthen existing human rights mechanisms and ensure disability perspectives are included in monitoring the six core UN human rights treaties. declared, with reference to the New Zealand Disability Strategy, the importance of involving disabled people and NGOs in the future work on the committee. stated that New Zealand looked forward to participating in forthcoming meetings of the committee and to examining proposals in more depth.

Following this meeting and subsequent discussions led by the Human Rights Commission and members of the disability community in New Zealand, the New Zealand Government formally agreed to participate in the Convention negotiations in May 2003.History of the Convention May 2003 Office for Disability Issues. Retrieved 2 May 2014.

It demonstrated this commitment by funding a delegation to attend the second Ad Hoc Committee meeting at the UN in New York in June 2003. The delegation included several government officials and two representatives from the disability community.History of the Convention June 2003 Office for Disability Issues. Retrieved 2 May 2014. At the meeting, the delegation put forward a proposal to establish a working group which would:

consist of 27 State representatives including five from the ‘Western European and Others Group’ of which New Zealand is a member, 12 non-governmental representatives selected NGOs themselves, and one representative from Human Rights Institutions meet for 10 working days in New York early 2004 prepare and circulate a draft text for negotiation at least three months before the (proposed) third session of the Ad Hoc Committee.Ad Hoc Committee: Statement by Dr Jan Scown, New Zealand UN Enable. Retrieved 2 May 2014.Report on the second session: Decision UN Enable.

This proposal was subsequently adopted by the Committee and the Working Group was formed.Report on the second session: Decision UN Enable. Retrieved 3 May 2014.

The Government again demonstrated its commitment to the development of the a convention when it made a written submission to the Working Group in November 2003. The submission stipulated a number of recommendations as to the approach, structure, and scope of the proposed convention."New Zealand’s View of a Convention on the Rights of Disabled People" A proposed draft text by New Zealand, UN Enable.

New Zealand was given the opportunity to put these views forward further when, represented by the Director of the Office of Disability Issues, Dr Jan Scown, it was granted a place on the Working Group in December 2003.Working Group Membership UN Enable. Retrieved 3 May 2014.

As proposed, the Working Group met in New York for two weeks in January 2004 to develop a draft convention text. At its first meeting on 5 January, New Zealand Ambassador, Don MacKay, was appointed to co-ordinate the group.Report of the Working Group to the Ad Hoc Committee UN Enable. Retrieved 3 May 2014. It also included Jan Scown as the New Zealand delegate and New Zealander Robert Martin as a representative of NGO Inclusion International.Working Group Membership UN Enable. Retrieved 3 May 2014.

Presented to the third Ad Hoc Committee meeting held from 24 May to 4 June 2004, the draft text acted as a basis for negotiation by member states and other stakeholders.Ad Hoc Committee: Report of the Third Session, UN Enable Retrieved 3 May 2014. New Zealand continued its active participation by again attending this Ad Hoc Committee meeting. Its official delegation included both government representatives from the Office for Disability Issues and MFAT and non-government representatives from Disabled Person's Assembly (DPA) New Zealand.History of the Convention: May/June 2004 Office for Disability Issues. Retrieved 3 May 2014.

Following this meeting, members of the New Zealand delegation sought feedback on the draft developed by the Working Group from both New Zealand government agencies and the disability community. This was used to inform the principles the delegation would aim to promote in future negotiations.History of the Convention: May/June 2004 Office for Disability Issues. Retrieved 3 May 2014.

The general negotiating principles the New Zealand delegation were guided by included:

to promote partnerships between government and non-government organisations in national and international negotiations related to disability issues. to promote outcomes consistent with the principles and purposes of the New Zealand Disability Strategy, New Zealand legislation and in international human rights instruments to which New Zealand is already a party. to facilitate agreement between countries to a Convention text.History of the Convention: May/June 2004 Office for Disability Issues. Retrieved 4 May 2014.

Negotiations continued at the fourth session of the Ad Hoc Committee from 23 August to 3 September 2004.Ad Hoc Committee: Fourth Session UN Enable. Retrieved 5 May 2014. New Zealand was again represented by a delegation of officials from the Office of Disability Issues and MFAT; by New Zealand Ambassador Don MacKay; and by Gary Williams, CEO of the Disabled Person's Assembly.History of the Convention: August 2004 Office for Disability Issues. Retrieved 4 May 2014. At the meeting, New Zealand co-ordinated discussions on the draft convention text.Ad Hoc Committee: Report of the fourth session UN Enable. Retrieved 5 May 2014.