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Kia ora, talofa lava, malo e lelei, fakaalofa lahi atu, nisa bula vinaka, kia orana and welcome to the fifth issue of To Be Who I Am. This newsletter includes articles about new resources, support groups, community events and opportunities to have a say about human rights issues for trans people.

Cindy (pictured) and other local trans people in Hamilton are helping to run a Trans 101 workshop at Waikato Museum on Thursday 12 November. Two weeks later there is the chance to meet a dynamic panel of trans youth and to watch dancers, singers, animators and performers show you how they celebrate their gender identity. If you live nearby, come along to support them.

We hope to see many of you at the Wellington and Auckland Transgender Inquiry updates in December.

This will also be a chance to catch up with others over some light refreshments.WELLINGTON
Date: Wednesday 2 December
Time: 5.30-7pm
Venue: Human Rights Commission's new offices, Level 1, Vector Building,
44-52 The Terrace.
RSVP: jackb@hrc.co.nz by Friday 27 November (for catering)

AUCKLAND
Date: Tuesday 8 December
Time: 5.45-7.15pm
Venue: Human Rights Commission, Level 10, Tower Centre, 45 Queen St.
RSVP: jackb@hrc.co.nz by Friday 4 December (for catering)

People from other regions are encouraged to contact us if they have any questions, and all updates will be posted on the website.

Health Recommendations
In community briefings around the country at the end of last year trans people said that getting progress on the Inquiry's health recommendations was a high priority.

We had hoped to include an update in this newsletter about what has been called the Trans Health Working Group. This is an opportunity for trans people and health professionals to create a resource describing the types and quality of public health services trans people should be able to access during and after their transition.

Unfortunately, the Human Rights Commission is still waiting to receive final details about this project. We hope these will be confirmed before the end of the year. As soon as that happens, information will be put on the Health page of the Inquiry website and emailed out in a special To Be Who I Am newsletter

In July the Ministry of Justice presented a report to the Minister of Justice, the Hon. Simon Power, on progress implementing the Transgender Inquiry's recommendations. The Minister has asked for another progress report in July next year. Between now and then, there is a lot to be done so that trans people and their families enjoy the same rights as other people in New Zealand. This requires work by the Human Rights Commission, government agencies, trans people, health professionals and the wider community.

Please keep us informed about what you are doing and let us know whether we can profile it on the website and in the newsletter.

Other updates we plan to include in the next newsletter are about:
• how to put your name forward to attend the national human rights training hui for trans people in Wellington next March
• an intersex round table to be held in Auckland on 26 February 2010
• a report from the recent Love Life 3 fono in Auckland
• photos from Transgender Day of Remembrance events.

Please email any photos, material or questions to transgenderinquiry@hrc.co.nz.

In the words of the Chief Human Rights Commissioner Rosslyn Noonan, "for me, most movingly this exhibition gives people a chance to see that gender diversity adds to the richness that is humanity. It is something to celebrate, not something to fear".

Over 80 people attended the opening in Hamilton on 31 October. Come along to three free workshops on Thursday nights, 12 and 26 November, run in partnership with local trans people and the museum. They are a great way for family members, teachers, counsellors, GPs, community groups, workmates and friends to listen to trans people, ask questions and get helpful contacts and resources.

THURSDAY 12 NOVEMBER
5.30-6.30pm
Artist Rebecca Swan and film maker Kirsty MacDonald share their passion for the Assume Nothing project.
7.15-9pm
Trans 101 -whakawāhine, akava'ine, trans women and men aged from their 20s to their 70s talk about their lives and answer questions. Together with the Human Rights Commission they give practical tips about bringing the Transgender Inquiry's recommendations to life at home, work and in your local community.

THURSDAY 26 NOVEMBER
5.30-7.15pm
Young and Trans - trans youth explain about how to create schools, youth groups and health services that are positive, inclusive and safe for them. They are joined by a local teacher and health professional.
8pm
Trans Vocal - akava'ine, trans women and trans men share dance, film, performance, animation and songs to express their gender identity. This is a celebration for trans people, their families and friends, and is also open to the public.

You can download a PDF flyer here or read details online.

Bookings can be made with Waikato Museum by phoning (07) 838 6606 or emailing museum@hcc.govt.nz. Spaces are limited so bookings are advised.

The last venue for the Young and Trans workshop will be Waikato Museum on Thursday 26 November.

Since August trans and gender diverse young people in Christchurch and Dunedin have created their own South Island network - Forge. They meet fortnightly in Christchurch and can be contacted on forge.south@gmail.com.

Meanwhile, in Dunedin, Same Difference, a queer social support group for people aged 20 and under, is very trans-inclusive. One of the facilitators is trans and there is a warm welcome for any trans or gender questioning young people. Same Difference has been meeting twice a month and hopes to hold a Rainbow ball in Dunedin's Youth Week next May. You can contact Same Difference on youthlinecommunity@youthline.co.nz.

Trans youth are also active in Transedin, the new Dunedin Agender group that meets monthly. For more details email transedin@gmail.com.

Recent resource:

How Safe?

The Otago University Students Association has published areport on how well Otago secondary schools have implemented the recommendations of the 2005 Safety in Our Schools Action Kit. Pages 40-43 highlight that schools lack policies and guidelines about most issues that impact on trans and gender diverse students.

Copies can be requested from q.support@ousa.org.nz and will be available on the OUSA website.

The Transgender Inquiry recommended that the Department of Labour should provide information about issues that trans people may face at work. After consulting on an initial draft, the Department of Labour has produced two Transgender People at Work guides, one for employers and one for employees. These are available on the Department of Labour's website.

Transgender People at Work - Guide for Employees
[PDF 261KB] HTML

This guide is designed to provide information about legal and employment rights, as well as different workplace issues that trans people may encounter.

Transgender People at Work - Guide for Employers
[PDF 307KB] HTML

This guide specifically addresses issues that employers of transgender employees may need to consider. It builds on best practice approaches and tools currently used by employers and human resource practitioners, including clear policies to change records and protect employees' privacy.

Other recent resources:

Transgender Inclusion in the Workplace (2nd edition, 2008) - a best practice guide for human resource and other employment professionals produced by the US Human Rights Campaign Foundation [PDF 1.14MB] HTML

Trans Research Review (October 2009)-research findings published by the British Equality and Human Rights Commission, identifying actions the Commission will undertake in the next year [PDF 1.24MB] WORD

Based on the Transgender Inquiry's findings, the Commission recommended that any trans person who has taken definitive steps to live fully and permanently as a woman or as a man should be able to identify as that sex on their census form.

The full submission is available on the Commission's website here, and issues for trans people start on page 24.

In 2003 the Human Rights Commission talked to people all over New Zealand to find out what were the most important human rights they faced. Human Rights in New Zealand Today was published in September 2004, followed in March 2005 by an Action Plan 2005 - 2010. One of its recommendations was that the Human Rights Commission should hold a Transgender Inquiry.

Five years on, the Commission is updating Human Rights in NZ Today so it can develop a second Action Plan, to be launched on Human Rights Day at the end of 2010. This is your chance to have a say by answering these two questions.

•1. What is the most pressing human rights issue to you?

What is fair / what is not fair? He aha tana raruraru? If you reflected on your life and your world, what human rights issues come to mind?

•2. What would make the biggest difference to you?

What do you think should happen instead? He aha to pirangi mo te ao? What suggestions would you make to address these?

You can send answers to Julie Watson at juliew@hrc.co.nz or fill out a short survey online here.

The Transgender Inquiry found sobering evidence of harassment, discrimination, assaults and others forms of violence against trans people. These ranged from lower-level insults to very violent physical and sexual assaults. In some severe cases people suffered permanent ongoing health issues after being attacked. Trans people also told the Inquiry about friends who had committed suicide because of the violence directed at them simply for being trans.

In previous New Zealand Transgender Day of Remembrance events the names of trans people who have been killed were read aloud at candlelight vigils, and written on crosses or inside the chalked outlines of bodies drawn on Wellington's Civic Square. It has also been a time to reflect on the fear, violence and discrimination that affects many trans people's lives.

Often New Zealand trans people who have died struggled to have a life free from violence and addiction. lt is not always clear whether they were killed for being trans, but typically they had encountered discrimination because of their gender identity.

Diksy Jones was a cabinet maker, who loved old cars, cricket and cats. In May this year she was killed in her Upper Hutt apartment, aged 64. Two men have been charged with her murder. Diksy Jones is one of almost 100 people who will be remembered around the world this Transgender Day of Remembrance.

Yet trans people remain invisible as victims in crime statistics and crime surveys. That is why Transgender day of Remembrance is so important. It publicly mourns and honours the lives of those who might otherwise be forgotten.

Transgender Day of Remembrance raises public awareness of violence and hate crimes against trans people, and provides an opportunity for non-trans people to stand alongside their trans friends, partners, children and parents. It also demonstrates the power and resilience of trans communities speaking out against violence, proudly being who they are.

Some New Zealand commemorations this year include:

Christchurch - Agender members, significant others, friends and supporters are invited to meet at 6pm for nibbles and drinks, followed by a social time and Christmas festive food. The venue is the conference room, 2nd Floor Te Whakaruruhau ki Ōtautahi | Christchurch Community House. Please RSVP to agenderchch@clear.net.nz by Monday 16 November.

Wellington - Agender has its meeting in Lower Hutt on Friday 20 November and then a BBQ and games in a park at Belmont on Saturday 21st. Contact Natalie Shearer on n_shearer@maxnet.co.nz or 027 675 8373.

Hamilton - there will be a gathering at the Riff-Raff statue on Hamilton's Victoria Street from 7.30pm onwards on Friday evening 20 November. All are welcome to join Agender Waikato and Hamilton Pride there to make a stand against violence and discrimination.

Auckland - A week later, Gender Bridge are hosting a vigil at St Mathew in the City, at 7pm on Saturday 28 November. Email info@genderbridge.org for details.

NZ Police's vision of "Safer Communities Together" aims to reduce crime, violence and victimisation experienced by trans communities and to encourage people to report violence, harassment and assaults.Police Diversity Liaison Officers (DLOs) are police officers and police employees located throughout NZ who liaise with trans communities. An updated list of DLO contacts is available here.

On 25 May 2009, the UN Committee on Economic, Social and Cultural Rights (CESCR) adopted a General Comment E/C.12/GC/20 on Non-Discrimination. This is first time gender identity has been explicitly recognised by a treaty body in a General Comment.

UN treaty bodies like the CESCR are required to monitor States' compliance with international obligations under international treaties they have ratified. The CESCR looks at compliance with the International Covenant on Economic, Social and Cultural Rights.

General Comments provide the Committee's interpretation of the provisions of that Covenant. A General Comment on Non-Discrimination is therefore extremely significant in reflecting the grounds on which discrimination is prohibited and the scope of countries' obligations.

The General Comment notes that "for example, persons who are transgender, transsexual or intersex often face serious human rights violations, such as harassment in schools or in the work place".

The General Comment also affirmed that discrimination on the ground of sexual orientation is prohibited under the International Covenant.

Under the previous policy, medical evidence of full gender reassignment surgery was needed before a trans woman could obtain an F passport and a trans man could have an M on his New Zealand passport.

Trans people still have the option of applying for a passport with their sex details omitted (shown in the passport as an X). Further details can be obtained from passports@dia.govt.nz or by calling 0800 225050.

Family Court decision

A June 2008 Family Court decision clarified that full gender reassignment surgeries are not always required before someone is able to obtain a Family Court declaration changing their sex details. In the Re Michael case a trans man was able to obtain a declaration that he is male based on expert medical evidence verifying the permanent impact of his hormone treatment and chest surgery. The Commisison is interested in hearing about any applications to the Family Court from trans women who have not had gender / sex reassignment surgery or trans people unable to have surgery or take hormones. Such cases could:

• further clarify what medical steps are necessary for trans people to change their sex details and
• identify those groups who may still face barriers in gaining legal recognition under the current legislation.

The Inquiry recommended the law should be amended so that trans people who have "taken decisive steps to live fully and permanently" in their gender identity are able to obtain a Family Court declaration changing their sex details. This recommendation was based on international case law and human rights standards.

Come along to meet whakawāhine, fa'afafine and other trans panelists and performers and bring lots of questions.

The workshops are:

• Trans 101 - a fun session for family members, health professionals, community groups and anyone else wanting to understand more about issues faced by trans people.
• Young and Trans - how to create schools, youth groups and health services that are positive, inclusive and safe for trans youth.
• Trans Vocal - see how trans singers, performers, poets and artists use creativity to express their gender identity.

The workshops cater for people who know nothing about trans issues through to trans people who come along to support other panelists. Having that range of participants has made these very special events in other cities.

You can read details about the workshops and a floor talk by the exhibition artists:

• online here (HTML) or
• in this flyer (PDF- 519Kb)

At the hui, people shared stories about the status of whakawāhine, fa'afafine and other trans people, traditionally, and their experiences today.

People learnt about:

• how the Human Rights Act protects trans people from discrimination
• resources on the Inquiry website about human rights issues that trans people face
• what others are doing and issues they could work on together.

In breaks, some people shared their stories with TranSister Radio.

The Commission was also sent these comments by email:

I feel reenergized and called to action. It was great to feel supported and I loved being on the marae.

I'm still buzzing after the hui and I am inspired by what we have all achieved there, not least the ability to work together without prejudice.

The recent trans gender weekend was nothing but absolutely fabulous. I enjoyed everything, and I want to thank you all for putting on such a beautiful hui and giving the chance to meet my new family.

Personally, I feel the 'weekend' was a massive breakthrough in establishing a cohesive forward looking community to take responsibility for itself into the future, and for me that is hugely exciting.

[caption id="attachment_1903" align="alignleft" width="160" caption="Hui"][/caption]

Many of the hui partcipants wanted to stay in contact after the hui. A contact list and some workshop notes have been sent to everyone, so that people can share what they have been doing locally. The Commission ran two follow-up workshops at the national Agender conference over Queen's Birthday weekend.

The Human Rights Commission plans to hold another smaller national training hui in March 2010. This will be for those trans people who have put some time into doing trans human rights work since the first hui.

Trans young people and their families told the Transgender Inquiry about the barriers they face at school and how teachers can make a real difference.

I think all the teachers knew and they cleared the path for me. (Fa'afafine)
The Children and Young People's chapter in the Inquiry's final report talks about what it is like for trans students at school and the support they and their familes need. Trans children and young people are often dependent on others (such as their parents and teachers) to ensure their right to education is understood and protected.

The Inquiry concluded that there is an urgent need for information and resources for trans children and young people, their parents and families. It recommended that that Ministry of Education helps schools to share what they are doing to support trans students.

The Human Rights Commission has met with Ministry of Education staff in Auckland and they have agreed to work together to draft a simple online pamphlet for schools.
The Commission would like to hear from students, parents and schools:

• What questions do schools ask when they have a trans student?
• What answers and resources have been useful for your school?
• What has your school learnt about supporting whakawahine, fa'afafine and other trans students?

In Australia, the Victorian Government's new Schools Reference Guide includes advice about supporting trans and intersex students. Pages 71-74 deal with terminology, developing a management plan, toilet facilities, privacy and use of a preferred name.

Other resources for children, young people and their familes can be found on the Inquiry website. This includes information about two trans youth organsiations - GenderQuest in Auckland and TRANZform in Wellington.

Read more here about work being done by students' association to support trans tertiary students and how to get involved.

They are interested in meeting other Auckland health professionals working with trans people and to link with others in New Zealand and Australia. Trans people working in the health field are particularly welcome. The contact person is John Newman: John.Newman@middlemore.co.nz

Hormone blockers

Other exciting health news includes Pharmac's decision to subsidise prescriptions for GnRH analogues (known colloquially as 'hormone blockers'). Parents of trans adolescents could often not afford this medical treatment required to delay their child's puberty. From 1 August 2009, hormone blockers will be free for trans youth and others if they have been assessed by a specialist and this medication has been prescribed as medically necessary.

The Commission continues to update the Trans Health Resources page of the Inquiry website. Any suggestions are very welcome. Recent additions include Guidelines and Protocols for Comprehensive Primary Health Care for Trans Clients (PDF 4Kb). This resource for family physicians comes from the Shelbourne Health Centre in Toronto.

Other progress on the Transgender Inquiry's health recommendations can be found here.

Agender NZ and Transgender.co.nz - second draft of a Trans Health Guide

These two trans community organisations welcome any comments on the second draft of their guide for health professionals and trans people. Comments can be sent to president@agender.org.nz by 31 July.

Statistics NZ's Review of Culture and Identity Statistics

Statistics NZ is asking for comments on its Review of Culture and Identity Statistics. Section 4.3.2 of this review document discusses sexual orientation statistics and whether they should be a priority compared to other culture and identity statistics. It also talks about the difference between sexual orientation and gender identity.

Currently gender identity is not measured in official statistics. There was no clear view from trans people involved in the Transgender Inquiry about whether:

• they wanted data collected about gender identity or
• people should be able to identify as trans when asked for their sex data.

Instead, trans people who made Inquiry submissions were more likely to focus on:

• being able to correct previous sex details
• being assured that previous information will not be disclosed to others and
• whether asking sex (or gender identity questions) was always relevant.

This Statistics NZ review is an opportunity for trans people to say:

• whether or not they think it is important to measure people's gender identity, and why.
• What difference would it make?
• What, if any, statistics about gender identity are needed to help make good policy decisions about trans people's lives?

Sex is already measured in official statistics. Trans people may also wish to include comments in their submission about the current Statistical Standard for Sex which:

• has two options, male or female and
• states that "transsexuals should be classified to their original [biological] sex"

When other opportunities come up for trans people to have their say, they are are added to the Participation page of the Inquiry website.

Discrimination and violence against people because of their gender identity or sexual orientation is a serious problem in many countries across the Asia Pacific. It includes execution or extra-judicial killing, torture, rape, arbitrary detention, unfair trials and forced pregnancy and marriage.

The workshop discussed practical ways that NHRIs could use their functions and powers to make a difference. Examples included investigating complaints, reviewing laws and policies, holding national inquiries and public education.

The NZ Commission's presentation used TV images and photos to show the dignity and mana of whakawāhine, fa'afafine, FtMs, MtFs, cross-dressers and other trans people involved in the Transgender Inquiry. The Commission was privileged to meet local trans people (waria) in Yogyakarta and Bali and gave them copies of the Inquiry report and DVDs of the Pacific Peoples Project's 2007 fono.

The workshop concluded by strongly deploring "all forms of stereotyping, exclusion, stigmatisation, prejudice, intolerance, discrimination and violence" against transgender, gay, lesbian and bisexual people.

Information about the APF workshop, including its concluding statement can be found here.

Chanel Hati from NZPC gave her first ever presentation, then went on to receive Agender's Working for the Community award.

Chanel talked about NZPC's community outreach with trans street workers, including data and quotes from Christchurch School of Medicine research. These showed, for example, that the majority of trans sex workers work on the street, and are Māori.

Other winners of the inaugural Agender Awards were Christina Loughton (Regional Coordinator), Peri and Karen Te Wao (Person of the Year), Dianne Walker (Best Presentation) and Sarah Lamont (Best Newcomer). Senior Constable Sarah Lurajud, New Zealand’s first openly trans police officer, accepted the Trans Ally award on behalf of the Police Diversity Liaison Officers.

hannah Ho wai ling and Brooklynn Michelle from Wellington trans youth organisation TRANZform gave a workshop at the Agender conference. Some extracts from hannah's presentation are copied below.

The suffragette challenge and struggle for women's rights got them labelled as not being real or proper women. The same deal followed for lesbians and feminists in the 60's and 70's.

Homophobia and transphobia works like that, people who do not follow the 'man' rules, and 'women' rules are discriminated against, ridiculed, outcast, imprisoned and too often murdered.

Supporting our young people means supporting their journeys to transition hormonally or non hormonally, surgically and non surgically, to live simply as men or as women, or anywhere in between.

Chanel Hati's and hannah Ho wai ling's presentations will be available soon on the Inquiry website's Participation page. Look there for details of other trans community events, including the September meeting of the All Trans Forum in Auckland.

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Kia ora, talofa lava, malo e lelei, fakaalofa lahi atu, nisa bula vinaka, kia orana and welcome to the fourth issue of To Be Who I Am.

We hope you like the new blog format which gives you the option of commenting on newsletter articles.

You can read other people's comments by visiting the Commission's e-newsletters page and scrolling down to To Be Who I Am in the right-hand menu.