A leading human rights advocate has called on the government to ensure proper public consultation takes place before amending Vanuatu’s Constitution to legally recognize only two genders.
The concern follows the announcement of five proposed constitutional amendments, which are scheduled to be tabled during a special session of Parliament on April 30th .
The second of the proposed amendments is an addition of sub-article three to article five of the constitution, which recognizes the fundamental rights and freedoms only of individuals who are make or female at birth.
Human rights advocator, Anne Pakoa said the government has failed to conduct sufficient consultation with affected groups, particularly members of the LGBTQI+ community, including gay, lesbian, and other same-sex relationships.
“There has to be a clear notice indicating the government’s intention. People have a right to know and to be consulted, especially when their rights are potentially impacted,” Ms. Pakoa said.
The proposed amendment has stirred significant public debate and online backlash on social media, with hate speech and discrimination directed toward the LGBTQI+ community.
Ms. Pakoa stressed that the government must address these actions through the existing Cybercrime Act.
“Members of the LGBTQI+ community feel unsafe. They are being abused and discriminated on online platforms. What does the government have to say about this? We talk about the cyber law, but what action is being taken?” she asked.
In response, government Human Rights Coordinator, Albert Nalpini, stated that while Vanuatu has signed several international agreements with the United Nations, that promote the protection of vulnerable groups, these do not specifically include the LGBTQI+ community.
“There is no specific legal recognition for the LGBTQI+ community. However, we work under national and international human rights frameworks that aim to protect individual rights that are more vulnerable,” Mr. Nalpini said.
Government Public Relations Officer Kiery Manassah said no public consultation was necessary due to the “culturally sensitive” nature of the issue.
During a media conference, Prime Minister Jotham Napat reaffirmed the government’s stance, emphasizing that Vanuatu will continue to uphold Christian values.
“Vanuatu is a country that believes in Christian principles. The preamble of our Constitution states, ‘In God We Stand,’ and we will continue to advocate and promote those values,” the Prime Minister said.
The government has maintained that its proposed changes are not intended to attack or diminish the rights of LGBTQI+ individuals in society.
