Pacific youth lead the climate march in Auckland last year. Photo courtesy of RNZ Pacific. Realising human rights for Pacific peoples This Talanoa paper has explored human rights issues informed by existing international frameworks, government programmes and, most importantly, insights and information from Pacific community groups and organisations. The Commission is concerned that the existing and enduring values of service, trust and reciprocity in Pacific cultures is not paralleled in New Zealand economic, commercial, industrial and regulatory settings, leading to human rights issues. The rights of Pacific peoples are highlighted by the United Nations human rights monitoring bodies. At the same time, Aotearoa New Zealand’s human rights framework contains ample space to make concerted effort in addressing the human rights issues faced by Pacific peoples in the areas of employment, income, discrimination, and women’s and children’s rights. The ICESCR which protects rights such as to housing, food, and work, requires countries to “undertake steps … to the maximum of its available resources, with a view to achieving progressively the full realization” of the rights. The reference to “resource availability” reflects a recognition that the realisation of these rights can be hampered by a lack of resources and can be achieved only over a period of time. However, Aotearoa New Zealand does have an immediate obligation to take steps towards realising these rights, irrespective of resources. The UN Committee on Economic, Social and Cultural Rights have stated that the immediate obligations for the realisation of these rights include ensuring that 134 the rights will be exercised without discrimination, ensuring that the steps taken towards the realisation of these rights are deliberate, concrete and targeted as clearly as possible towards meeting these rights, avoiding retrogressive measures, and providing international assistance and cooperation.134 The New Zealand government holds the power to address these human rights that it has committed to upholding under domestic and international human rights law in future policies and regulations. The Commission’s overarching recommendation arising from this report is that the government, its agencies and its main decisionmakers engage Pacific communities in dialogue that places their concerns at the heart of activities to address human rights issues. In addition, we note that the first aspect of this dialogue focus on developing a framework for human rights that encompasses the strengths of Pacific people communities in activities to address human rights issues. The main strengths we see as the starting point for a framework include cultural, gender and social diversity, cultures where relationships are prized, as are languages and connections to the environment. UN Committee on Economic, Social and Cultural Rights General Comment 3: The Nature of States Parties’ Obligations 1990. These comments on the requirements of progressive realisation have since been repeated in the Committee’s other General Comments on specific rights under the ICESCR. 39

Select target paragraph3