ILGA_State_Sponsored_Homophobia_2012

OCEANIA
Different stages in the reform of homophobic laws
The region described as ANZAPI (Australia, New Zealand and the Pacific Islands) has a mixed cultural history.
The region is based on the former South Pacific Forum, now Pacific Islands Forum, and is a basis for collective
LGBTI organizing, underdeveloped, with many member states being engaged in local or other regional fora.
Notwithstanding which, activism in individual countries has been extensive and achieved significant gains.
Indigenous history of most member countries reflects a culture in stark contrast to the current homophobic
law regime, that is the legacy of colonialist laws and often incorporates a traditional recognition and
acceptance of diverse gender, sex and sexuality.
Whilst our history as former European countries is the main source of homophobic laws in our region, our
region's members have managed to deal with this institutionalized homophobia in different ways. However,
despite having a similar seed for homophobic sentiment, the islands in this region are at different stages in the
reform of homophobic laws. Australia and New Zealand are dealing with adoption and surrogacy issues, as
well as relationships recognition, such as civil unions and same-sex marriage. In comparison, the Pacific
Islands are dealing with issues such as decriminalization. This does not mean that the problem of homophobia
can be readily delineated. Australia was the first country to ban same-sex marriage on a national basis and it
certainly is the only country in the ANZAPI region that has enacted an anti-gay law this century.
The factors most prevalent in keeping colonial laws in the contemporary legal system are either an absence
of effective advocacy networks and opportunities and/or the promotion of their retention by right-wing
elements of established religions. These areas of society make powerful lobby groups and often coerce
governments to retain laws that would otherwise have been repealed many years ago. It has been
attributed as one of the reasons for Australia’s recent enactment of the same-sex marriage ban and could
also explain the retention of sanctions against homosexuality by some of the Pacific Island countries. In spite
of this the region has made significant advancements towards equality for LGBTI people. Australia, despite
having a same-sex marriage prohibition, has made significant reforms towards relationship recognition, the
most recent being to equalize relationship recognition at the federal level, providing equal treatment at law
in a range of contexts from aged care to superannuation. New Zealand (Aotearoa) has a civil union scheme
which has been argued to provide all the substantive rights of marriage to LGBTI people. Fiji has legalized
homosexual sexual activity.
There is a significant push by members for the ANZAPI region to develop and implement the regional
structures that will enable the region to both better communicate and also to implement procedures to
ensure decisions are made by representative and elected regional structures, ultimately enabling the
tackling of homophobia and transphobia at a grass-roots level. Recent strengthening of the regional
networks and dialogue has underscored the importance of recognizing specific cultural perspectives and
distinctions and ensuring these are reflected in advocacy efforts. Nonetheless it remains the case that the
more coordinated representation ILGA is able to develop across the region the stronger it will become.
As representatives of the ANZAPI region, we not only hope that great strides will be made against
homophobia and transphobia, but also hope that through ILGA member organization, and indeed
individuals, we will feel empowered to take up this campaign for equality at a personal level. ILGA is a grassroots
organisation that has for thirty three years, since its inception in 1978, thrived on the energy and efforts
of its over 700 member organisations around the world from over 110 countries, including those in ANZAPI. We
hope this world push for global LGBTI equality will continue well into the future.
Simon Margan, Joleen Mataele and Lyn Morgain
ILGA-Oceania Board members
ANZAPI Representatives to the ILGA World Board
State-Sponsored Homophobia – May 2011
ILGA – The International Lesbian, Gay, Bisexual, Trans and Intersex Association - www.ilga.org
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