Equality in dignity and rights Human rights are derived from the inherent dignity of the person, and the general principle of equality and non-discrimination is a fundamental element of domestic and international human rights law.35 It requires governments to respect and ensure the enjoyment of human rights by everyone, regardless of race, sex, disability and several other grounds.36 Pacific communities shared with us their aspirations to overcome social and economic discrimination and to become equal partners in Aotearoa New Zealand society. Community members and organisations have noted the effort of government programmes since the 1980s, and we note successive government efforts to address inequalities and discrimination have intensified. While the Dawn Raids took place forty plus years ago, discrimination towards Pacific people in Aotearoa New Zealand continues and remains in the collective consciousness of Pacific people. We were told about the impacts of systemic racism and structural discrimination and their continued impact on Pacific peoples’ pursuit of wellbeing. The right to be free from discrimination was raised as a matter of significant concern to Pacific peoples. Communities told us that outside of community settings, their knowledge is disregarded and at times ridiculed. Workplaces were repeatedly described as places where Pacific workers were overlooked for job advancement through training and promotions. Often, workplace discrimination was unreported due to fears of reprisal or victimisation. In 2019, the Government announced that it would develop a national action plan to address racial discrimination and racism. The work to develop a plan is in progress, and the Commission’s view is that it should also include targeted strategies to reduce racism and the effects of racial discrimination upon Pacific people. 35 36 14 Pacific communities and organisations have told us that they were not used to defining and understanding unlawful discrimination or accessing information or support through agencies such as the Commission. Community members and organisations were also keen to know more about how they could relate to and familiarise themselves with the Human Rights Act 1993. Pacific people who took part in fono with the Commission in 2018 revealed they were experiencing poor treatment and being disregarded in public services and were subjected to racial profiling in retail businesses. Pacific peoples at the fono spoke of the lack of trust they have towards service providers to treat people without discrimination. As a result, many Pacific peoples stated that they lacked the confidence to raise concerns, or to make complaints. They also outlined they did not possess the information they needed to stand up for themselves. They internalised shame for experiencing discrimination and feeling helpless. Some expressed that Pacific young people often feel that there are low expectations of Pacific peoples to succeed, especially in education and employment settings. The principal of equality and freedom from discrimination is referred to in the International Covenant on Civil and Political Rights (ICCPR); the International Covenant on Economic, Social and Cultural Rights (ICESCR); and the treaties on racial discrimination, discrimination against women and the rights of refugees, stateless persons, children, migrant workers and members of their families, and persons with disabilities. Other treaties require the elimination of discrimination in specific areas, such as employment and education. Article 26 of the ICCPR also guarantees equal and effective protection before, and of, the law. Other prohibited grounds of discrimination include language, religion, political or other opinion, national or social origin, property, birth, age or other status. Talanoa: Human rights issues for Pacific peoples in Aotearoa New Zealand

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