June 12, 2012
Acting Minister for Defence, National Security, and Immigration Joketani Cokanansiga
1st Floor
New Wing Government Buildings
Suva, Fiji
Dear Minister Cokanansiga,
I write to you on behalf of Human Rights Watch to express our concern over the cancellation of a parade in Suva by the Fiji police on May 17, 2012.
HRW is an independent organization dedicated to defending and promoting fundamental rights. We investigate and expose human rights violations in over 90 countries around the world and hold abusers accountable.
On May 17, 2012, the police cancelled a parade organized by Oceania Pride to celebrate the International Day against Homophobia and Transphobia in Suva. The organizers had acquired all the necessary permits from the police department and the city council to hold the parade; however, on the day of the parade they had their permits unexpectedly revoked. When they asked for the reason of this sudden decision they were informed that the police had not been aware that the parade was of a lesbian, gay, bisexual, and transgender (LGBT) nature.
The abrogated Fiji Constitution provides for freedom of assembly. After the military coup, the interim government has denied permits for marches and meetings to nongovernmental organizations, religious groups, and other civil society organizations due to the arbitrary enforcement of restrictions on gatherings and meetings, which were provided for in the Public Emergency Regulations to break up any gathering seemed unlawful.
More so, the actions taken by the police also contradict the People’s Charter for Change, Peace, & Progress, which was launched by the Interim Government in December 2008 with aims to “rebuild Fiji into a non-racial, culturally vibrant and united, well-governed, truly democratic nation.” The Charter highlights the “equality and dignity of all citizens” and it underlines the Fijian people’s desire for inclusiveness and mutual respect through, among other things, “a strong and free civil society.”
The cancellation of the parade to mark the international day against homophobia and transphobia has harmed the claims by the government to build a free civil society and to “empower and uplift the lives” of all Fijians, including vulnerable and disadvantaged communities, as stated in the People’s Charter.
Speaking on the International Day of Human Rights in December 2011, United Nations Secretary-General Ban Ki-moon reminded governments of their duty to respect the rights of freedom of expression and assembly, which are continuously violated as a cloak to prevent criticism and public debate. More recently—on the same day that Fiji police cancelled the parade being organized by Oceania Pride—United Nations High Commissioner for Human Rights Navi Pillay stated that these rights, which are denied to individuals due to their sexual orientation or gender identity, are universal and enshrined in international law. As a member of the United Nations, Fiji too must respect the freedom of assembly and association that is enshrined in the Universal Declaration of Human Rights.
Human Rights Watch urges your government to issue a public apology for cancelling the LGBT parade, invite Oceania Pride to hold a parade on an occasion of their choice, and grant Oceania Pride permission to hold future parades. We urge you to permit civil society groups the right to hold public meetings and gatherings and cease the monthly renewal of the Public Emergency Regulations. When there are security concerns these should be dealt with in a reasonable and appropriate manner without endangering the freedom of assembly.
We look forward to learning what steps you have taken to address these concerns.
Yours sincerely,
Graeme Reid
Director
Lesbian, Gay, Bisexual, and Trangender Rights Program
Cc: Brigadier General Ioane Naivalurua, Commissioner of Police
