Pride in Paradise: Fiji’s LGBTIQ+ Community and the Long Road to Substantive Equality

Fiji has come a long way in terms of advancing LGBTIQ+ rights in our nation. Fiji was the second country in the world to explicitly have "sexual orientation" as prohibited grounds of discrimination under the 1997 Constitution. That provision extended to include "sexual orientation, gender identity and expression" in the 2013 Constitution, Section 26. Eight years since the new constitution came into effect, I feel there is no better time than now to continue to develop more jurisprudence around these constitutional provisions in order to institutionalize anti-discrimination practices and policies. How the courts and Fiji's Judiciary are upholding principles of anti-discrimination in their interpretation and application of section 26 is a matter that would require continuous court challenges, filing litigations, redress and appeals. Fiji's Court dismissal of a transgender woman's application for legal gender recognition in 2015 is clear indication of how Section 26 may be limited under judges interpretation & ruling, though constitutionally the provision on anti discrimination supersedes every other archaic, discriminatory, colonial era laws that still reeks in Fiji's legislature. Anti-discrimination laws are only as good as how it is enforced, fairly & justly applied, reflecting in the attitudinal and behavioral shifts of community towards LGBTIQ+ Fijians lived realities and experiences. And right now, the juxtaposition of the law and rights holders, are so clear. There are loopholes, inconsistencies and major legal cracks. Fiji's SOGIE constitutional protection is still at its infancy, not yet ready to wean off from its mother and breath life on its own. Be challenged. It is just sitting there like a great old dusty book in the library shelf not being read or utilized. The tokenism of minority group rights which are often subject to majority rule is access to justice in all its perils, and the enjoyment of our freedom and rights in all its flaws. As if our joy, happiness and right to live as human beings and citizens of Fiji are subject to hetero patriarchal approval, their self obsessed privilege and entitlement to own our bodies and dictate our lives often waving moral compasses as justifications. The Prime Minister of Fiji has numerous times come on national media attacking LGBTIQ people, that we are not god fearing people "O ira qo sa sega ni rerevaka na Kalou", and that we should all move to Iceland. This is from Fiji''s highest office who is mandated to protect us, who owes us a duty of care but instead continuously throw us under the bus. Such comments have led to spike in targeted attacks and violence against the LGBTIQ community in Fiji. In 2019, the Haus of Khameleon launched a groundbreaking research titled "Every Breath a Transgender Woman Takes is An Act of Revolution - Fighting for Intersectional Justice" revealed that 70% of transgender women in our research reported having experienced some form of violence while coming out as transgender.

UN LGBT Core Group Event organised by the Mission of the Netherlands at the UNHQ in 2019 during the UN Advocacy Week.

Pride Month is about taking stock of the gains we have been able to achieve over the years, but also most importantly re-strategizing and re-energizing around tackling the old and new challenges. It is about reconfiguring systems that have not worked, that continue to fail us. Demanding a more equitable and just world.

Pacific Roundtable with representatives from the Pacific Missions to the UN in New York hosted by the NZ Permanent Mission to the UN

Pride Month is about honoring our rainbow community, the activists and human rights defenders who have sacrificed so much of their time, resources and fierce activism over the years, too often at the expense of their own health, wellbeing and security so the rest of their LGBTIQ folks in Fiji will be able to enjoy and demand the rights that are enshrined in our Constitution. Pride Month is about recognizing the power of movement building, co-responsibility and solidarity with our community, allies and accomplices. Building the foundation, raising the bar, forging new partnerships, demanding a seat at the table, negotiating at meetings with our stakeholders are just some of the ways in which we have prepared our young LGBTIQ activists to carry on the legacies set by our heroes and heroines who have passed on, and those who have moved on. We stand on the shoulders of so many who have given us light, hope and joy. Pride is about reclaiming that joy. While we recognize the suffering and pain a lot of our LGBTIQ folks face every day because of homophobia & transphobia, we also know that the political act of joy and choosing to be happy in the midst of it all is why we choose to celebrate Pride. Because we are going to show in this world with a smile on our faces refusing to be silent. We are going to continue to be LOUD!

We have so much hopes and inspiration for the young LGBTIQ Fijians who are taking on the current challenges of our time. We honor those who are mobilizing to reach out to our community during this difficult time so that no one is left behind. We honor the transgender women who are often at the forefront of human rights violations in Fiji. We see your pain, we hear your cry and we honor your courage to continue to show up in this world living in your truth, unapologetically.

Haus of Khameleon reps Lyla Lopes and Vani Dee with the UN Independent Expert on Sexual Orientation & Gender Identity in Wellington, NZ.

We are indeed living in unprecedented times, navigating around existential crises and a global reset. These resets have exposed economic, political, and social systems that for so many years have failed us and continue to leave us behind. The COVID-19 pandemic has further left us behind pushing us further into the margins. The pandemic has forced our community to adapt and survive in ways that they have never before. This is exacerbated by the multiple challenges that we already faced as LGBTIQ people. Nevertheless, we continue to resist, insist, exist and persist. It is because of our resilience that I am calling on all our LGBTIQ folks in Fiji to get vaccinated and help our country achieve herd immunity. I hope while the state, civil society, private sector, individuals and communities are actively mobilizing to provide resources to the people, that they also prioritize mental health services for people going through a difficult time right now. It is so important.

Happy Pride Month Everyone, please be kind to one another.

xoxo

Sulique Waqa

Founder & Lifetime Board Member

Haus of Khameleon