Homosexuality is now permitted under the new and illegal Crimes Decree. According to the military regime's treasonous legal consultant, Nazhat Shameem, it is now "decriminalised making people of the same sex to engage in sexual practices as long as both parties are consenting to it".
Not only has Shameem opened a flood-gate by allowing abortions, she (and we do make her ultimately responsible for working these provisions into the decree knowingly, willfully and intentionally without public consultation or endorsement), pushes the limits of what a very conservative society like ours can handle.
Make no mistake, we have nothing against homosexuals -- what they do and prefer is their own business HOWEVER their rights were already amply provided for under the 1997 Constitution.
Make no mistake, we have nothing against homosexuals -- what they do and prefer is their own business HOWEVER their rights were already amply provided for under the 1997 Constitution.
So when the Rainbow Women's NGO spokes comes out saying they are concerned that "homosexuals will continue to be discriminated against if the cultural dimensions do not change and people cling to archaic thoughts", she's damn right.
And a law legitimising homosexual preferences will certainly not change these perspectives. In fact this new and illegal provision will only inflame common sentiments that are based on very strong moral and religious viewpoints.
Already the churches are agitated.
By being used as unwitting pawns in the Crimes Decree like this, it does nothing for the advancement of the Gay, Lesbian Bisexual and Transexual rights and their attempts to be viewed, accepted and respected as fellow human beings first and foremost, just like everyone else.
But Nazhat Shameem already knew that. She will manipulate every minority interest group to get buy-in for her illegal legislation and is trying to copy what the constitution had already amply provided for.
It escapes her and the military regime's attention however that in due course -- despite all the effort and resources poured into developing these illegal laws -- they can and will be REPEALED.
2 comments:
It's almost a catch-22 situation for these 'learned' individuals whom everyone now knows played a key role (albeit behind the scenes) in Bainimarama's 2006 COUP D'ETAT), knowing fully well the implications i.e. eventual ditching-in-the-drain Fiji's Constitution, in order to save all their treasonous asses (after the Fiji Court of Appeal predictably upheld the RULE OF LAW)...
AND now, they're pathetically attempting to make good a DIRE situation by RE-introduce those very rights (that protects MINORITIES like them under our 1997 Constitution, via these decrees.
One would hve thought they would at least, as a matter of conscience and their own individual oaths, publicly condemn the purported abrogation of the Constitution as well as publicly call for its immediate reinstatement.
But ALAS, the die had been cast in favour of the tiger they're riding and leeching... tsk..tsk...
So yes, I'd think most people see her activities (nevermind its substance)as only reinforcing the existing illegal framework that props up the military junta.
And yes, it's precisely the nature of dictatorships (broad censorship of dissenting opinions through subtle/express forms of threats/backlash and the absence of any meaningful, consultative process and dialogue with stakeholders/public at large), that ensures (and they all know this) decrees being shoved down people’s throats.
I think they’ve come too far to care any longer about pretenses. Hence, why should she care about any of the decrees being scrapped once a legitimate government is in place - she’s getting paid for all that, cut & paste or whatever - no sweat plus a heavier pocket at the end of the day. Almost perfect eh?
And giving credit where its due... I am reliably told of Thomas McCosker and Dhirendra Nadan v. State appeal which you can access in the link below... where an "ever-optimistic and enlightened judge " Justice Gerard Winter, struck down the unconstitutional provisions of Fiji's Penal Code that criminalized homosexuals engaging in sexual activity in a PRIVATE place.
Meaning - that what homosexuals i.e. gays, lesbians, bisexuals, transvestites and the like, did consensually, in the privacy of their homes, motel/hotel rooms is their mighty own business - just like it is for heterosexuals (married, friends, de facto or LASA I TUBA's which I'm told is plentiful in Fiji).
Implying - that if members of any these groups (homo/bi/hetero)were caught 'doing it' in a PUBLIC place then of course, they would be punished under the law (as it were before these decrees).
Conservative society or not, if we put it to vote, I think all "fair-minded decent individuals" in this country would be persuaded to agree with Justice Winter... except for the usual "closeted hypocrites".
So as we can all see, Judge Gerard Winter typically adhered to his constitutional oath and did his job as a Judge striking out "unconstitutional law and activities" (which the military junta & backers unfortunately read very well 'between the lines')... and consequently, made life/work unbearable and untenable for him post-2006 coup, and as a result, he reluctantly left the country to return to his home in NZ with his family. God Bless you always Mr. Justice Winter!
McCoskar v The State [2005] FJHC 500; HAA0085 86.2005 (26 August 2005)
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