SOGIESC-Diverse Communities in New Zealand It is difficult to encompass the diversity of SOGIESC people and communities under any single umbrella term. All people have a sexual orientation, gender identity and expression, and sex characteristics. For the purposes of this paper, the definitions described in the Yogyakarta Principles are followed:7 • Sexual orientation (SO) refers to each person’s capacity for profound emotional, affectional and sexual attraction to, and intimate and sexual relations with, individuals of a different gender or the same gender or more than one gender; • Gender identity (GI) refers to each person’s deeply felt internal and individual experience of gender, which may or may not correspond with the sex assigned at birth, including the personal sense of the body (which may involve, if freely chosen, modification of bodily appearance or function by medical, surgical or other means) and other expressions of gender, including dress, speech and mannerisms; • Gender expression (GE) refers to a person’s presentation of gender through physical appearance – including dress, hairstyles, accessories, cosmetics – and mannerisms, speech, behavioural patterns, names and personal references. Gender expression may or may not conform to a person’s gender identity; • Sex characteristics (SC) are each person’s physical features relating to sex, including genitalia and other sexual and reproductive anatomy, chromosomes, hormones, and secondary physical features emerging from puberty. People with a diverse sexual orientation, gender identity and expression, and sex characteristics 7 8 9 10 11 span all regions of New Zealand; cover all age, disability and religious demographics; and come from a wide range of ethnic and cultural backgrounds, including Māori, Pacific, and Asian. They are parents, children, siblings, and whānau members. Though they are often represented as homogenous attributes, sexual orientation, gender identity and expression, and sex characteristics are overlapping yet distinct concepts integral to each person. Obstacles to the full enjoyment of human rights differ widely between various groups in SOGIESC-diverse communities depending on intersecting factors which may include ethnicity, age, disability, and geographic location, among others. The colonisation of Aotearoa New Zealand in the 19th century had a profound impact on its indigenous people and their human rights.8 Indigenous peoples with diverse sexual orientations, gender identities and expressions, and sex characteristics have existed throughout history in all cultures, populations, and regions, including in the Pacific.9 Prior to the arrival of European settlers, diverse identities, expressions, and practices were accepted as a normal part of Te Ao Māori.10 Like other indigenous peoples, Māori were colonised and suffered historic injustices. This included loss of lands, territories and resources, customs, language, and traditional lifestyles within Aotearoa. The negative and intergenerational impacts of colonisation on sexual and gender fluidity accepted in traditional Māori society have had, and continue to have, dramatic consequences, including loss of acceptance within their own societies and communities.11 For definitions of sexual orientation and gender identity, see The Yogyakarta Principles: Principles on the application of international human rights law in relation to sexual orientation and gender identity (Geneva, 2007) at 6. For definitions of gender expression and sex characteristics, see 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 6. Leonie Pihama “Challenging homophobia is a collective responsibility” (12 May 2017) <leoniepihama.wordpress.com>; Clive Aspin “Hōkakatanga – Māori sexualities” (22 January 2019) Te Ara - the Encyclopedia of New Zealand <http://www.teara.govt.nz/>. Niko Besnier and Kalissa Alexeyeff (eds) Gender on the edge: Transgender, gay, and other Pacific Islanders (University of Hawai’i Press, Hawai’i, 2014). Melody Thomas “BANG! Season 2 Episode 6: Takatāpui” (podcast, 2 June 2018) Radio New Zealand <https://www.rnz.co.nz/>. The Spinoff “Pre-colonial attitudes to sex and gender fluidity | On the Rag: Sex positivity” (video, 22 October 2019); Kassie Hartendorp “What do we really know about gender diversity in te ao Māori?” (23 October 2019) The Spinoff <www.thespinoff. co.nz>. 7