PRISM: Human Rights issues relating to Sexual Orientation, Gender Identity and Expression, and Sex Characteristics (SOGIESC) in Aotearoa New Zealand - A report with recommendations Statistics New Zealand (Stats NZ) is the agency tasked with collecting official statistics in Aotearoa. During the most recent national Census in March 2018, Stats NZ did not collect data on sexual orientation, gender identity, or sex characteristics.112 The lack of data collection at the population level has been raised by community advocates and the Human Rights Commission over many years, both with Stats NZ directly113 and with international mechanisms including UN Treaty Bodies114 and during the Universal Periodic Review.115 In 2018, the Committee on the Elimination of Discrimination Against Women recommended that the New Zealand government, “set up a centralized system for the collection, analysis and dissemination of comprehensive data, disaggregated by sex, gender identity and sexual orientation.”116 Disaggregation allows groups to be compared to evaluate progress and is therefore a key part of the government’s human rights obligations.117 to provide best practice guidance for collecting information in New Zealand. Public consultation on the standards is due to take place in 2020. Since mid-2019, Stats NZ has been undertaking significant work to evaluate and refresh their sex and gender identity standards.118 To ensure information collected reflects New Zealand society and its diversity, measurement tools must be both contemporary and fit for purpose. In response to high community interest, unmet information needs, and known issues with existing standards, this evaluation will determine the updates needed Sexual identity data were collected for the first time by Stats NZ in a household survey in 2018.122 A total of 3.5% of respondents identified as something other than heterosexual or straight; made up of 1.9% identifying as bisexual, 1.1% as gay/lesbian, and the remaining 0.5% as other identities including takatāpui, asexual, and pansexual. A statistical standard for sexual identity has recently been developed and There are no firm numbers available to indicate how many people collectively have a diverse SOGIESC in New Zealand. The Mental Health Foundation estimated that between 6 and 15% of the New Zealand population has a diverse SOGIESC, noting that the higher end of this range is more likely to be accurate.119 Sexual orientation measurement efforts The Ministry of Health has collected sexual orientation data in the annual New Zealand Health Survey since the 2015/2016 survey wave.120 Responses consistently show between 3-4% of participants have a non-heterosexual orientation, however sexual orientation response options are limited to four options and not culturally specific.121 New topics, including sexual orientation and gender identity, were considered for inclusion in the 2018 Census. However, following cognitive and public testing in 2016 and 2017, Stats NZ concluded that the quality of information collected in the Census could not be guaranteed, and a decision was made to not retain the questions in the survey. See Statistics New Zealand “Sex, gender, and sexual orientation” (24 September 2018) <https://www.stats.govt.nz/>. 113 University of Auckland Gay Men’s Sexual Health research group. Submission to Statistics New Zealand: 2018 Census content (2015). 114 New Zealand Human Rights Commission Women’s Rights in New Zealand: Submission of the New Zealand Human Rights Commission for the Seventh Periodic Review of New Zealand under the Convention on the Elimination of Discrimination Against Women (2018). 115 Aotearoa New Zealand’s Sexual Orientation, Gender Identity and Intersex (SOGII) UPR Coalition. Submission to the Universal Periodic Review (2013); Aotearoa New Zealand IDAHOBIT Day Coalition Submission to the Universal Periodic Review (2018); New Zealand Human Rights Commission New Zealand’s Third Universal Periodic Review: Submission of the New Zealand Human Rights Commission (2018). 116 Committee on the Elimination of Discrimination against Women Concluding observations on the eighth periodic report of New Zealand UN Doc CEDAW/C/NZL/CO/8 (25 July 2018) at [50]. 117 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 [13], [72] and [78]; 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/38/43 (11 May 2018) at [94]. 118 Statistics New Zealand “Reviewing the statistical standards for sex and gender” (19 December 2019) <https://www.stats.govt.nz/>. 119 Moira Clunie and others Rainbow communities, mental health and addictions: A submission to the Government Inquiry into Mental Health and Addiction (2018). 120 Ministry of Health “2018/19 Annual Data Explorer: sexual orientation” (14 November 2019). <https://www.health.govt.nz/> 121 Respondents could select their sexual orientation from the options heterosexual, gay or lesbian, bisexual, or other sexual identity. 122 Stats NZ noted this figure may underestimate the true proportion of gay, lesbian, and bisexual people in New Zealand. See Statistics New Zealand “New sexual identity wellbeing data reflects diversity of New Zealanders” (26 June 2019) <https://www. stats.govt.nz/>. 112 24