Report - Office of the High Commissioner on Human Rights

work. This lamentable situation has resulted in <strong>the</strong> denial <strong>of</strong> affordable secure and adequate housing
to countless individuals. The Sexual Minorities Project (an NGO) undertook a needs analysis and found
that due to <strong>the</strong> difficulties <strong>the</strong>y face in accessing accommodation, LGBT people are <strong>of</strong>ten forced to live
in overcrowded, unsafe spaces, and are continually moving around in search <strong>of</strong> safe accommodation
spaces. The problem <strong>of</strong> homelessness among LGBTs is particularly acute in urban areas.
LGBTs are discriminated against through indigenous customs whereby <strong>the</strong> status <strong>of</strong> unmarried adults
is not formally recognised, and consequently, serves as a basis for social exclusion. For example, if
you are unmarried, you are prohibited from accessing land rights available to married persons. The
Vanua (custom) excludes, restricts, and distinguishes in this manner.
Legally, while <strong>the</strong> Fijian constitution provides some protections against discrimination, <strong>the</strong> penal code
still classifies gay male sex as an unnatural act. In <strong>the</strong> forthcoming review <strong>of</strong> <strong>the</strong> Fijian penal code,
<strong>the</strong>re is a risk that lesbian acts may also be criminalised. The present lack <strong>of</strong> clarity in <strong>the</strong> law and
its possible criminalisation, makes lesbians very vulnerable at <strong>the</strong> moment. This is impeding lesbians’
freedom for self-expression and participation.
Homophobia is still widely prevalent in society. LGBTs are confronted with a tremendous amount <strong>of</strong>
hostility and violence. In <strong>the</strong> family, Vanua, churches or wider community, LGBTs may also face verbal,
physical or emotional abuse, exclusion and restriction. Such violations can include beatings,
homophobic jokes (even in <strong>the</strong> media), verbal abuse, forced evictions, homelessness, work place
discrimination and/or family breakdown. Where LGBTs face violence within <strong>the</strong>ir own relationships,
<strong>the</strong>y are unable to access resources or redress mechanisms available to people in heterosexual
relationships.
“Eta and her partner were living in separate family homes to avoid <strong>the</strong> community stigma
and to meet <strong>the</strong>ir low incomes and family obligations. Eta was continually looking for
unskilled and skilled work during those five years, facing continual rejection with no
explanation. She was depressed and her health suffered greatly. Added to <strong>the</strong> violence
against her own mo<strong>the</strong>r in <strong>the</strong> family home, after two years <strong>the</strong> violence in her own
relationship was almost too much to bear. The worst incident <strong>of</strong> violence was Eta being
stabbed in <strong>the</strong> back with a kitchen knife while her partner was drunk. Eta’s mo<strong>the</strong>r and
sisters helped her as Eta refused to go to <strong>the</strong> police or hospital, who would not be
sympa<strong>the</strong>tic. But it was difficult for <strong>the</strong>m to help when <strong>the</strong>y could not deal with <strong>the</strong>
underlying causes <strong>of</strong> <strong>the</strong> violence, as <strong>the</strong> relationship itself was not recognised by <strong>the</strong>
family. Also, her family was already under considerable trauma from <strong>the</strong> male violence
in <strong>the</strong> home. Eta is finally out <strong>of</strong> <strong>the</strong> relationship, but <strong>the</strong> emotional and physical effects
<strong>of</strong> <strong>the</strong> trauma are still felt by her today. This is <strong>the</strong> reality for many lesbian couples, and
<strong>the</strong> silences are even more pr<strong>of</strong>ound in this area, even within <strong>the</strong> community itself.” (Fiji)
To understand homelessness and inadequate housing, as well as <strong>the</strong> inadequate protection afforded
to LGBTs’ human rights, we have to recognise <strong>the</strong> multiple levels <strong>of</strong> discrimination that are operating.
The exclusion that LGBTs experience can be so broad that <strong>the</strong> violation <strong>of</strong> <strong>the</strong> human right to adequate
housing becomes part <strong>of</strong> a much wider experience <strong>of</strong> discrimination. Without a safe space, people’s
capacity to participate in economic activity and o<strong>the</strong>r areas <strong>of</strong> life is limited.
The key obstacles that lesbians face in realising <strong>the</strong>ir human right to adequate housing in <strong>the</strong> Pacific
include:
EXECUTIVE SUMMARY 33