Constitution Submission- Oceania Pride

Oceania Pride an organization whose purpose is to promote, respect, protect and realize the human rights and fundamental freedom of lesbian, gay, bisexual, transgender, intersex and the questioning (LGBTIQ) community and people including the elimination of all forms of discrimination against the LGBTIQ.

In reference to the universal declaration of human rights (UDHR), it states all human beings are born free and equal in dignity and rights. Yet little or no freedom and equality is granted to the LGBTIQ people.

The government which is there to protect all its citizens fails to provide protection of the LGBTIQ communities, thus homophobia is prevalent almost everywhere.

Therefore the organization would like to recommend the following to be included in the constitution:

  1. Implement programmes of education and awareness for sex education to be compulsory in all schools, taking into account and respecting diverse sexual orientations and gender identities.
  2. Ensure laws and policies provide adequate protection for student, staff and teachers against social exclusions and violence within the school environment for the sexual and gender diverse individuals
  3. Put in place legislative/policy measures to implement a discipline in educational institutions free from discrimination and bullying of all forms including on the basis of sexual and gender diversity
  4. Educational scholarships aimed for the sexual and gender diverse community based on academic and sports merits
  5. No one should be discriminated against or be subjected to exclusion in any regional or national sports teams on the basis of gender and sexual diversity.
  6. Equal access to health care without discrimination, stereotyping and prejudice of sexual and gender diverse individuals
  7. Forceful tests of sexually transmitted diseases to be prohibited especially on the basis of one’s gender and sexual diversity
  8. Ensure that all sexual and reproductive health, education, prevention, care and treatment programmes and services respect the diversity of sexual orientation and gender identities and are equally available without discrimination
  9. Recognition of same sex partners as next of kin in all health service providers including decision making of treatment plans
  10. Implement legislation and policies that no child’s body is irreversibly altered by medical procedure in an attempt to impose a identity without the full, free and informed consent of the child in accordance with the age and maturity of the child especially for the intersex individuals
  11. Ensure that psychological treatment and counselling is not discriminatory on the basis of sexual and gender diversity, neither should it be presumed the key factor of ones condition
  12. Ensure freedom of opinion, expression and assembly without discrimination on the basis of sexual orientation and gender identity, including the imparting and receiving of information and ideas concerning sexual and gender diversity, as well as related advocacy for legal rights, publication of materials, broadcasting, organization of or participation in events and dissemination of and access of safer-sex on the basis of sexual orientation and gender identity  information
  13. Ensure outputs  of media are un-biased and non-discriminatory on the basis of sexual and gender diversity
  14. Obtain legal recognitions and registrations of associations, coalitions and groups that focus on sexual and gender diversity
  15. Under no circumstances impede the exercise of the rights to peaceful assembly  and association on grounds relating to sexual orientation or gender identity, and ensure  that adequate police and other physical protection against violence or harassment is afforded to persons exercising these rights
  16. Ensure that the expression, practice and promotion of different opinions, convictions and beliefs with regard to issues of sexual orientation or gender identity in not undertaken in a manner incompatible with human rights
  17. Take all necessary legislative and policy changes to ensure the right to found a family, including through access to adoption or assisted procreation ( including donor insemination), without discrimination on sexual and gender diversity
  18. Ensure that laws and policies recognize the diversity of family forms, including those not -defined by descent or marriage, de-facto relationships and same sex partners, as the same of which heterosexual couples are given
  19.  Adoption for same sex partners and de-facto partners be permitted without any forms of discrimination and same policies to apply as heterosexual couples adoptions
  20. Ensure that in all actions or decisions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interest of the child shall be a primary consideration
  21. Adoption procedures and parent selection shall not be discriminated on the basis of sexual and gender diversity of the intended adoptee’s
  22. Ensure that same-sex marriages or registered partnerships, any entitlement, privilege, obligation or benefit available to different-sex married or registered partners is equally available to same sex married or registered partners
  23. Same sex marriage to be permitted
  24. Foster dialogue and mutual respect among various cultural groups present, including among groups that hold different views on matters of sexual orientation and gender identity, consistently with respect for the human rights referred in the Yogyakarta principles or any other international conventions or principle that may be adopted
  25. Take all necessary measures to ensure a favourable environment for activities directed towards the promotion, protection and realization of human rights including sexual and gender diversity
  26. Ensure that human rights defenders regardless of their sexual orientation or gender identity and regardless of the human rights issues they advocate enjoy non-discriminatory access to, participation in, and communications with, national and international human rights organizations and bodies.
  27. Ensure the protection of human rights defenders, working on issues of sexual orientation and gender identity, against any violence, threat, retaliation, de facto or de jure discrimination, pressure, or any other arbitrary action perpetrated by the state or by non-state actors, in response to their human rights activities. The same protection should be ensured, to human rights defenders working on any issue, against any such treatment based on sexual and gender diversity
  28. Support the recognition and accreditation of organizations that promote and protect the human rights of persons of diverse sexual and gender diversity at the national and international level
  29. Establish the necessary legal procedures, including through revision of legislation and policy to ensure that victims of human rights violations, on the basis of sexual and gender diversity have access to full redress through compensation, rehabilitation, satisfaction, non-repetition, and or any other means appropriate
  30. Establish appropriate, accessible and effective criminal, civil, administrative and other procedures, as well as monitoring mechanisms to ensure the accountability and prosecution of perpetrators for human rights violations related to sexual orientation or gender identity
  31. Establish independent and effective institutions and procedures to monitor the formulation and enforcement of laws and policies to ensure the elimination of discrimination on the basis of sexual orientation or gender identity
  32. Ensure all allegations of crimes perpetrated on the basis of gender and sexual diversity are investigated promptly and thoroughly and those responsible are prosecuted
  33. Return Fiji to a democracy without any interference from the military
  34. The Fijian military needs to focus on its military and peace keeping duties. The role of the government and representation should not be the military role. Neither should they hold positions of power within the government offices or parliament
  35. The human resources policy of all sectors needs to be reviewed and rights of the sexual and gender diverse individuals should be reflected clearly and fairly practised in all forms of employment
  36. Review of maternity and paternity leave to ensure that the sexual and gender diverse individuals are able to exercise their rights to start a family.  Paternity leave days to be same as that of maternity for the gay parent. Similarly non delivering mothers who adopt a child should be given full maternity leave to take care of the child.
  37. Legal protection of the LGBTIQ people by adopting appropriate measures and legislation to prohibit and eliminate discrimination on the basis of one’s sexual orientation and or gender identity free from all forms of violence ,harassment and stereotypical behaviours
  38. Legislative changes to impose criminal penalties for violence, threats of violence, incitement to violence and related harassment, corrective rape, based on sexual orientation and gender identity in all spheres of life.
  39. Ensuring a thorough investigation and appropriate action and or prosecution of perpetrators of violence based on sexual and gender diverse individuals
  40. Fiji is a multi-cultural nation therefore it should not be declared a Christian state. Everyone has the right to their ethnicity and religion and the nation needs to respect its diversity. Declaring Fiji a Christian state will reflect other religions as being inferior
  41. Gender and sexual diverse partners to be allowed as beneficiaries of each other’s assets, insurance and benefits. People with diverse sexual orientation and gender identity in partnership either legal or de-facto conclude contracts and to administer, own, acquire, and manage property and business
  42. The sexual and gender diverse persons recognized as spouse and qualify for medical insurance as a spouse to the policy holder. Similarly the children should also qualify under the policy holder’s insurance coverage. This should not be limited to registered marriages only but also recognize de-facto relationships
  43. Campaigns aimed at awareness raising directed to the general public and perpetrators to combat prejudice of violence and discrimination related to sexual orientation and gender identity.
  44. To ensure equality parliament seat to be reserved for a sexual and gender diverse representative
  45. Introduce non-discriminatory and non stereotypical  policies focused on sexual orientation and gender identity  in all sectors
  46. Decriminalise  sex work
  47. Compulsory counsellors in all schools that only do counselling work and not be admin staff or teachers at the same time. These counsellors need to be trained and sensitized  for sexual and gender diversity
  48. No immunity to be granted to any coup leaders and participants
  49. Coup to be treated as treason and review of the penalty for such crimes. Previous decree that pardons the coup leaders and participants to be abrogated
  50. The life sentence in the judiciary system needs to be for a lifetime of the perpetrator. Repeat offenders should be given double such sentences. Currently they serve the number of years and are set free, whereas their victims and or those affected suffer their whole life
  51. Harassment by law enforcement of sex workers/ diverse sexual person(s) without any probable cause especially strip search to be prohibited. Such search should be warranted or supervised by senior officers who needs to ensure that their human rights are not violated
  52. Maintain accurate and up to date records of arrests, detentions or questioning/investigation, incident report and statements of people with diverse sexuality and gender identity or of sex workers
  53. Compensation for discrimination or harassment and violence on the basis of sexual orientation and gender identity and or sex work
  54. Perpetrators of sexual harassment and sexual assault to be registered as sex offenders and kept account of. Repeat offenders of such crimes to be sentenced for life
  55. Freedom of assembly should not be subjective to the type of group or organization, it should be unbiased and non discriminatory
  56. Detainees and prisoners should not under any circumstances be subject to any form of torture by law enforcers. If such cases arise the perpetrator needs to be charged for criminal offence and prosecuted accordingly
  57. The juvenile maturity age should be 18 years. Under no circumstances should they be detained with adults during their juvenile detention5
  58. Undertake trainings and awareness programmes for judges, court personnel, prosecutors, lawyers, police force and others concerned on international human rights standards and principles of equality and non-discrimination, including in relation to sexual orientation and gender identity
  59. Ensure protection of sexual and gender diverse individuals while in detention centres. Protective measures to be put in place for those vulnerable to violence or abuse as a result of their diversity.
  60. Uncensored media free from pressure from the government, military or any other sectors
  61. Abortion should be legalized as the right to decide lies with the individual that carries the baby. No one should be forced against their will to have a child when they don’t want to, the decision should only be of the person carrying the child and no one should be allowed to interfere or incite their values/ morals to change the mothers mind
  62. Mandatory review of rape and child abuse penalties. The perpetrators of such crimes need to be punished harshly. The victim is left with a lifelong trauma and fear
  63. Non-discriminatory easier access to health care for the sexual and gender diverse people free from stereotypical behaviours
  64. Equal access for sexual and gender diverse partners to social benefits including employment benefit parental leave, unemployment benefits, health insurance, other insurance, family benefits, funeral benefits, pensions and benefits with regard to the loss of support for spouses or partners as a result of death or illness
  65. Ensure anti-bullying measures based on sexual and gender diversity are implemented in all schools and homes including orphanages
  66. Establish social programs including social programs to address factors relating to sexual orientation and gender identity that increase vulnerability to homelessness, especially for children and young people, including social exclusions, domestic and other forms of violence, discrimination, lack of financial independence, and rejection by families or cultural communities, as well as to promote schemes of neighbourhood support and security
  67. Equal access to education of sexual and gender diverse individuals
  68. Equal access to opportunities to teachers and staff in schools without discrimination on the basis of  their sexual and gender diversity
  69. Transparency in all government departments
  70. People born in Fiji to be regarded as Fijian irrespective of ethnicity
  71. Public transport and services needs to be   friendly. Public buses need to have ramps for wheel chair and allocated space, more disabled parking’s needs to be implemented, street lights need to be voice activated and brailed signage to be used where needed. Government offices should have compulsory interpreter of sign language
  72. 97 constitution as minimum coverage of rights with further inclusions where necessary
  73. Intersex person should have the right to decide on their sex and not get a compulsory change at birth as per doctors/ parents advice. When they reach appropriate age they need to be making a well informed choice and therefore they need to be given the expertise to do so
  74. The Yogyakarta principles needs to be  mandated
  75. Mandatory review of the constitution every 10 years
  76. Being able to file tax returns as same sex partners and de-facto
  77. Same sex couples with children should be able to use FNPF for their children’s education as the heterosexual couples are able to currently
  78. All state issued identity papers which indicate a person’s gender/sex including birth certificates, passports, electoral records and other documents reflect the person’s profound self-defined gender identity. Ensuring that these documents are recognized in all contexts / sectors
  79. Provide social and health support for all persons who are changing or reassigning gender. Hormonal therapy should also be administered and not denied to anybody under any circumstances
  80. The Fiji Human Rights Commission to be re-instated to monitor and evaluate and promote human rights. Compulsory sexual orientation and gender identity to be part of its work. A sexual and gender diverse representative to be part of the commission to ensure equality and transparency

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