Pacific peoples’ experiences of human rights What are human rights? Human rights are basic rights and freedoms to which every person in the world is entitled. These basic rights are based on shared values such as dignity, fairness, equality and respect. Human rights apply to all, yet there are particular groups who, for various reasons, are vulnerable or have been subject to violations and who consequently require special protection for the equal and effective enjoyment of human rights. In Aotearoa New Zealand, these groups include Pacific people, disabled people, women and SOGIESC. In this context, it should be noted that while Māori have also been subject to human rights violations, Māori also hold a special place as Tangata Whenua with tino rangatiratanga and the indigenous partner of Te Tiriti. International law is an important aspect of human rights. The United Nations is the inter-governmental organisation founded to promote worldwide cooperation and to protect human rights. A series of human rights treaties and other instruments were adopted by the UN in the post-World War II era and they are monitored by the UN Human Rights Council and UN treaty bodies. Aotearoa New Zealand is party to many of the international treaties or instruments, including: • International Covenant on Civil and Political Rights (ICCPR) • International Covenant on Economic, Social and Cultural Rights (ICESCR) • Convention on the Rights of The Child (CRC) • Convention on the Elimination of Discrimination Against Women (CEDAW) • Convention on the Elimination of All Forms of Racial Discrimination (CERD) The UN bodies that monitor these treaties have made recommendations to Aotearoa New Zealand in periodic reviews, several of which concern Pacific peoples. These recommendations are set out in Appendix One. In Aotearoa New Zealand, human rights are protected by the New Zealand Bill of Rights Act 1990 (NZBORA) and the Human Rights Act 1993 (HRA). The NZBORA incorporates into New Zealand law most of the civil and political rights set out in the ICCPR, such as freedom of expression, freedom of religion and the rights of minorities. The HRA prohibits unlawful discrimination in public and private areas of life. In the Aotearoa New Zealand context, human rights take place alongside and are influenced by Te Tiriti o Waitangi. Te Tiriti reaffirms the pre-existing rights and authority of Māori as Tangata Whenua to tino rangatiratanga (including self-determination). Aotearoa New Zealand’s obligations towards Te Tiriti are affirmed by international human rights frameworks, particularly as a signatory to the UN Declaration on the Rights of Indigenous Peoples (the Declaration). Some of the key themes from the articles of the Declaration include self-determination, equality, non-discrimination, participation underpinned by free prior and informed consent, culture and land, territories and resources. These themes reinforce Aotearoa New Zealand’s obligations to honour Te Tiriti. The Commission has worked with communities through fono, government agencies and community groups to better understand Pacific peoples’ experiences of human rights in Aotearoa New Zealand and their aspirations for the future. Communities have been clear with the Commission that solutions to the human rights issues faced by Pacific peoples need to focus on the core strengths of the community, abilities to understand and to navigate complexity and the ethos of service. Using international and domestic human rights laws as a framework, this Talanoa paper explores human rights issues from the following perspectives: equality and dignity, the environment, the family, and wellbeing. These broad topics will encompass issues such as women’s rights, children’s rights, health-related rights, economic rights and the impacts of climate change. 13