PRISM: Human Rights issues relating to Sexual Orientation, Gender Identity and Expression, and Sex Characteristics (SOGIESC) in Aotearoa New Zealand - A report with recommendations Introduction This paper is entitled “Prism.” When light hits a prism, a rainbow can be seen. But a prism does not create colours; it reveals them. This paper provides a particular lens through which to see people with a diverse sexual orientation, gender identity and expression, and sex characteristics: the human rights lens. SOGIESC-diverse people add to the fabric of society. They have unique strengths, attributes, creativity, and resilience. While great progress has been achieved to advance SOGIESC human rights in Aotearoa New Zealand, this paper describes some of the key human rights challenges that remain.1 People with a diverse SOGIESC includes those who may be lesbian, gay, bisexual, trans, non-binary, intersex, queer, asexual, takatāpui, whakawahine, tangata ira tāne, and a range of other cultural identities from the Pacific and around the world.2 These are often referred to as LGBTIQ+, MVPFAFF, 3 or Rainbow identities and communities.4 In addition to drawing on existing data and research, this paper was informed by five focused community consultation meetings (hui) held between February and April 2018.5 These meetings were designed, led, and facilitated by Human Rights Commission (Commission) staff identifying as transgender and takatāpui. 6 The purpose of the meetings was to hear directly from these communities about the human rights issues they face. This approach is fundamental to the 1 2 3 4 5 6 6 Commission’s ability to identify how to improve human rights protections for all communities in Aotearoa. Additional desk-based research and targeted engagement with key groups have supplemented the information, current to the end of 2019. The discussions showed considerable consistency regarding the main human rights issues for people with a diverse sexual orientation, gender identity and expression, and sex characteristics. This original paper reports on these and other key issues that are frequently raised with the Human Rights Commission as affecting SOGIESC-diverse people. Prism offers a vision, information, and recommendations to any organisation, group, or individual interested in supporting the positive development and wellbeing of people with a diverse SOGIESC in Aotearoa New Zealand. These include policy- and decision-makers, elected representatives, teachers, allies, and SOGIESCdiverse communities. The recommendations made at the end of each chapter reflect the government’s obligations under Te Tiriti o Waitangi; previous national and international submissions made by the Human Rights Commission; as well as submissions and reports published by SOGIESC-diverse individuals, coalitions, and organisations. New Zealand and Aotearoa New Zealand are used interchangeably throughout this report. Sexual orientation, gender identity and expression, and sex characteristics, and the terms used to describe them, are based on cultural, historical, linguistic, religious, class, ethnic, and intergenerational differences as language evolves over time. Aotearoa New Zealand has a large Pasifika population. These cultures have their own terms and cultural frameworks which do not directly translate into the English language or Western concepts of gender. The acronym MVPFAFF was coined by Phylesha Brown-Acton in 2011 at the 2nd AsiaPacific Outgames. It stands for māhū (Tahiti and Hawai’i), vakasalewalewa (Fiji), palopa (Papua New Guinea), fa’afafine (Samoa and American Samoa), akava’ine (Cook Islands), fakaleiti or leiti (Kingdom of Tonga), and fakafefine (Niue). Terminology has evolved quickly in this area. As words can be contested between groups and individuals, there is no single correct way describe such diversity. To some people, the terms Rainbow and LGBTIQ+ do not convey the full spectrum of identities. Reflective of the language used within the United Nations system, the New Zealand Human Rights Commission uses SOGIESC as an umbrella term because all people have a sexual orientation, gender identity and expression, and sex characteristics. These five hui were held between 13 February and 18 April 2018. Public meetings took place in Auckland, Wellington, and Christchurch. Two further consultations were by invitation: one was held in prison with transgender prisoners and the other was specifically for disabled SOGIESC-diverse people. Takatāpui is a traditional term reclaimed by some Māori to embrace both their culture and spirituality, as well as their diverse sexual orientations, gender identities and expressions, and sex characteristics.