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Religious Right Uses 'Marriage Issue' to Stir Bias |
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Emergency Response Network
Fiji—Following a backlash by right-wing politicians and
conservative church groups against measures in the new 1998
Constitution, Fijian activists and their allies are attempting
to stop the removal of sexual orientation in the document's
provisions against discrimination.
Section 38 (2) of the new Constitution's Bill of Rights, which drew widespread acclaim for its democratic character, explicitly includes sexual orientation among human categories protected from discrimination.
Bill No. 2 of 1999, officially issued in Parliament on January 4 and slated for its second reading on January 8 and for voting upon in May, defines marriage as the union of one woman and one man "to the exclusion of all others" and declares that the persecution of "unnatural offences, indecent assaults, or indecent practices" does not breach Section 38. According to the language of the Bill, it ensures that "the inclusion of the phrase 'sexual orientation' in Section 38 (2) does not itself invalidate the relevant provisions of the Marriage Act or the Penal Code. They are left for Parliament to decide on in the future." This amendment, in sum, would effectively invalidate the protections granted in Section 38, and would create a precedent for Parliament to qualify or eliminate other constitutionally enshrined rights and liberties for sexual minorities. The NGO Coalition on the Right to Sexual Orientation, which includes Women's Action for Change, Fiji Women's Crisis Centre, Citizens Constitutional Forum, and Fiji Women's Rights Movement, has issued an urgent call for individuals and human rights groups to protect the breadth and constitutional sanctity of the Bill of Rights. According to the Coalition, the politicians and their church allies have framed the question of sexual orientation exclusively in terms of the right to homosexual marriages. In thus sowing hatred against sexual minorities, they're using Section 38 as a sensationalist ploy, attempting to stir public attentions in time for the 1999 elections. These ulterior motives, the Coalition maintains, are anchored on the false assumption that the right to sexual orientation revolves solely around the issue of same-sex marriage.
According to the Coalition, however, Section
38 "upholds the rights of sexual minorities to be treated equally in terms
of their civil and human rights as any other person of majority sexual
orientation."
For instance, it would guarantee that sexual minorities would have the right to equal employment, the right to own properties, the right to use and enjoy public facilities, the right to be safe, the right to choose a place of abode, and the right to be treated equally in various aspects of social life. With Section 38 in place, Fiji joins the ranks of countries with strong democratic traditions in the Commonwealth who guarantee protection of sexual minorities from unfair discrimination." The NGO Coalition on the Right to Sexual Orientation calls on friends and supporters from the international human rights community to send letters to the Prime Minister, other Ministers, and Members of Parliament asking for protection of this Constitutional provision through the defeat of Bill 2 of 1999, and calling on them to uphold the principles of democracy as enshrined in the new Constitution. Letter-writers may wish to refer to the United Nations Human Rights Committee's decision in Toonen v. Australia (1994), in which the Committee held that the International Covenant on Civil and Political Rights implicitly includes sexual orientation as a status protected from discrimination. Letters may remind Fijian leaders that including sexual orientation in their constitutional protections brings it into accord with existing provisions in international law; indeed, it stands as a progressive model in incorporating such recognized protections in explicit and articulated form. Please forward letters to: Hon. Major-General Siliveni Rabuka Prime Minister, Minister with Special Responsibility for Constitutional Review, and Minister for Regional Development and Multi-Ethnic Affairs Prime Minister's Office Parliament Complex Box 2353, Government Buildings Suva, Republic of Fiji Fax (679) 306 034 Hon. Col. Paul F. Manueli Minister for Justice and Home Affairs Ministry for Home Affairs Box 2349, Government Buildings Fax (679) 300 346 Hon. Taufa Vakatale Deputy Prime Minister and Minister for Education and Environment/ Technology Ministry of Education Private Mail Bag, Government Buildings Suva, Republic of Fiji Fax (679) 302 404 Hon. Vincent W. Lobendahn Minister for Labour and Industrial Relations Ministry of Labour and Industrial Relations Box 2216, Government Buildings Suva, Republic of Fiji Fax (679) 304 701 Hon. Leo B. Smith Minister for Health Box 2223, Government Buildings Suva, Republic of Fiji Fax (679) 306 147 David S. Pickering Minister for Tourism and Transport Ministry of Tourism and Transport Box 1260, Government Buildings Suva, Republic of Fiji Fax (679) 302 060 Hon. Seruwaia R. Hong-Tiy Minister for Women and Culture Ministry of Women and Culture Box 2131, Government Buildings Suva, Republic of Fiji Fax (679) 303 829 Hon. William Aull Member for Suva City G.P.O. Box 12355 Suva, Republic of Fiji Fax (679) 303 291 Hon. Jai Ram Reddy Leader of Opposition and Member for Lautoka Rural National Federation Party Office Box 2352, Government Buildings Suva, Republic of Fiji Fax (679) 305 317 Hon. Maan Singh Member for Navosa/Serua/Namosi/Naitasiri West/Rewa West P.O. Box 414 Suva, Republic of Fiji Fax (out of order) Hon. Dr. Wadan L. Narsey Member for Suva City Central P.O. Box 524 Suva, Republic of Fiji Fax (679) 384 158 Hon. Mahendra P. Chaudry Member for Ba West Labour Party P.O. Box 1405 Suva, Republic of Fiji Fax (679) 301 099 Please send copies of letters to: Fiji Women's Crisis Centre 88 Gordon Street P. O. Box 12882 Suva, Fiji E-mail: fwcc@is.com.fj Source: The International Gay and Lesbian Human Rights Commission (IGLHRC) Email: iglhrc@iglhrc.org |