The Rainbow Pride Foundation says Fiji’s Constitution must better reflect the dignity, equality and lived realities of people of diverse sexual orientation, gender identity, gender expression and sex characteristics, calling for stronger enforcement of existing rights and clearer protections in practice.
While presenting its submission to the Constitution Review Commission, Board Secretary Christopher Lutukibuya says the organisation, which works on LGBTIQ, HIV and mental health advocacy, continues to support people facing discrimination in everyday life.
Lutukibuya says the Constitution should ensure that every person has equal dignity, equal protection and equal opportunity before the law.
He says that while Section 26 of the Constitution provides for equality and freedom from discrimination, it is more of a decoration, and communities continue to experience inequality in practice.
INSERT: Lutukibuya on discrimination 29th Apr
Lutukibuya highlighted continued challenges faced by LGBTIQ communities, including discrimination in employment and workplaces, unequal treatment in healthcare settings, bullying and exclusion in schools and universities, family rejection and homelessness, barriers in accessing justice and police protection, and stigma affecting HIV testing, treatment and social services.
He also raised concerns about forced disclosure and public outing of individuals without consent.
He says some members of the community prefer to remain private due to fear of stigma, including those who are married and have children.
He stresses that the Foundation is not advocating for the constitutional recognition of marriage with this submission, and their focus is on equal citizenship, protection from discrimination and human rights.
Lutukibuya says the Foundation is recommending that Section 26 be strengthened and further operationalised or socialised in a manner that ensures it is understood by everyone.
He says there needs to be explicit constitutional protection against discrimination, and stronger safeguards for dignity, privacy, bodily autonomy and identity.
He adds that there should be safeguards against hate-based violence, forced family rejection and harmful practices, as well as equal access to healthcare, including HIV and mental health services.
He says the Foundation is further recommending equal access to justice, police protection and social services, as well as the inclusion of these communities in leadership, governance and national development.
The Chairperson of the Constitution Review Commission, Sevuloni Valenitabua acknowledged the concerns raised by the Rainbow Pride Foundation regarding discrimination, stressing that Fiji’s Constitution already provides strong legal protections.
Valenitabua says Section 26 of the Constitution guarantees equality before the law and freedom from discrimination, while also explicitly covering grounds such as sexual orientation, gender identity and expression.
He also highlighted Section 24 of the Constitution, which allows individuals whose rights are breached to seek redress in court.
He questioned whether this legal avenue is being fully utilised, particularly given concerns raised about privacy and fear of exposure among affected individuals.
Valenitabua says that while constitutional provisions are in place, the challenge lies in how they are applied in society.
He says we can pass laws, but if we do not remedy the prejudices which exist in society, it is going to be a long ask.
He adds that while Fiji’s constitutional framework provides strong safeguards for equality and privacy, submissions highlight ongoing gaps between law and lived experience, requiring both legal and social responses to reduce discrimination and improve institutional accountability.
