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
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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.
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