prejudices or the prejudices of the people around them.”103 Yogyakarta Principle 19 (f) stipulates that States shall “[e]nsure that all persons, regardless of sexual orientation or gender identity, enjoy equal access to information and ideas, as well as to participation in public debate.” 104 It is difficult to prove a problem exists when there are no numbers to support this. Without accurate baseline data on SOGIESC-diverse communities, there can be no robust analysis of the scope or nature of the challenges faced, nor measures put in place to alleviate those challenges.105 This is considered to be one of the key factors underpinning why people with diverse sexual orientations, gender identities and expressions, or sex characteristics have largely been omitted from funding, planning, and responses until the first recognition in a national Budget in May 2019.106 One recent example of this exclusion is the report of the Government’s Mental Health and Addictions Inquiry, He Ara Oranga, which did not specifically address the needs of people with diverse sexual orientations, gender identities and expressions, and sex characteristics in its recommendations.107 This was despite an indepth and lengthy submission signed by multiple SOGIESC organisations on the issues these populations face.108 Without the collection of statistics, appropriate budgets cannot be allocated or prioritised to deal with key issues affecting these populations, such as the rates of youth suicide.109 ABSENCE OF EVIDENCE IS USUALLY CONSIDERED EVIDENCE OF ABSENCE Collection of official statistics Internationally, the field of gender and sex data collection is a new and developing area.110 Measurement challenges are not unique to New Zealand, with many other Statistical Offices around the world grappling with similar issues.111 In the English language, “gender” is often used interchangeably with “sex,” complicating data collection. Further, while “sex” is limited, sex characteristics – distinct from gender – is a broader and more precise term used in human rights discourse and by the United Nations. Cultures throughout the Pacific region recognise and accept gender diversity that Western societies largely do not. Indigenous identities which sit outside of a Western framework of sexual orientation, gender identity and expression, and sex characteristics are usually not counted at a population level, resulting in suppression and erasure. While statistical standards may acknowledge that these identities exist, they are still classified in a Western way. This restricts non-Western SOGIESC-diverse people from understanding themselves within their cultural context and terminology and paints all SOGIESCdiverse individuals as culturally monolithic. Victor Madrigal-Borloz Report to the Human Rights Council by the Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity UN Doc A/HRC/41/45 (14 May 2019) at [71]. 104 The Yogyakarta Principles plus ten: Additional principles and state obligations on the the application of international human rights law in relation to sexual orientation, gender identity, gender expression and sex characteristics to complement the Yogyakarta Principles (Geneva, 2017) at 21. 105 Victor Madrigal-Borloz Report to the Human Rights Council by the Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity UN Doc A/HRC/41/45 (14 May 2019) at [20]. 106 Moira Clunie and others Rainbow communities, mental health and addictions: A submission to the Government Inquiry into Mental Health and Addiction (2018); Te Tai Ōhanga – The Treasury “The Wellbeing Budget 2019” (30 May 2019). 107 He Ara Oranga: Report of the Government Inquiry into Mental Health and Addiction (4 December 2018). The report mentions the word ‘rainbow’ only 28 times across 219 pages. 108 Moira Clunie and others Rainbow communities, mental health and addictions: A submission to the Government Inquiry into Mental Health and Addiction (2018). 109 Suicide Mortality Review Committee Ngā Rāhui Hau Kura: Suicide Mortality Review Committee Feasibility Study 2014–15. Report to the Ministry of Health, 31 May 2016 (Suicide Mortality Review Committee, Wellington) at 88. The Suicide Mortality Review Committee individually reviewed each suicide death of rangatahi Māori between 2007 and 2011. Issues related to sexuality were significant in at least 7.2% of deaths, however this figure is likely to be an under-representation of SOGIESC diversity being a factor in rangatahi Māori suicide. 110 Economic Commission for Europe: Conference of European Statisticians In-depth review of measuring gender identity: Note by Canada and the United Kingdom UN Doc ECE/CES/2019/19 (9 April 2019) at [3] and [80]. 111 Economic Commission for Europe: Conference of European Statisticians In-depth review of measuring gender identity: Note by Canada and the United Kingdom UN Doc ECE/CES/2019/19 (9 April 2019). 103 23

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