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by pltm
(PLTM) - The United Kingdom has issued fresh calls for same-sex couples to be treated equally through legislation in all its Overseas Territories, including the British Virgin Islands (BVI).
The matter was raised as recent as last week when the Secretary of State for Foreign and Commonwealth Affairs, Mr. Allan Duncan was asked what steps the government is taking to ensure that all homosexual citizens in British Overseas Territories have access to the institution of marriage.
Duncan said that the European Court of Human Rights has not, so far, interpreted the Convention to include a right to marry for same sex couples and has stopped short of finding a positive obligation generally to introduce protection equivalent to marriage.
“Anguilla, the British Virgin Islands, the Turks and Caicos Islands, Montserrat and the Cayman Islands do not yet have in place legislation that provides for the recognition of same sex relationships, whether by civil unions, civil partnerships or marriage,” he explained.
He went on to explain that the new Governor of the Cayman Islands has publicly supported the introduction of civil unions and has urged the Premier and Leader of the Opposition to consider legislative change.
There is a provision in the Cayman Islands' Constitution that provides that any person may apply to the Grand Court to determine compatibility with the Bill of Rights.
Duncan said that the European Convention on Human Rights applies to all the Overseas Territories.
“Lord Ahmad of Wimbledon raised the need to ensure that human rights obligations are upheld, in his meeting with the Premier of the Cayman Islands in October 2017, and with the Governments of all the Caribbean Overseas Territories at the Joint Ministerial Council in November 2017.”
He added, “He will continue to raise the issue of LGBT equality with Territory Governments.”
It was also explained that the UK is pleased that the British Antarctic Territory, the British Indian Ocean Territory, the Falkland Islands, Gibraltar, the Pitcairn Islands, Saint Helena, Ascension, Tristan da Cunha, and South Georgia and the South Sandwich Islands, have all taken steps to recognise and enable same-sex marriage.
Duncan went on to state that the Domestic Partnership Act passed in Bermuda in February 2018, removed the right to marry, but replaced it with a provision for domestic partnerships with the same benefits as married couples.
The Foreign Secretary has raised with the Premier of Bermuda his hope that the Domestic Partnership Act will be a stepping stone to putting same sex marriage on a statutory footing in the future.
BVI Legislators Say No
In December last year, legislators made it clear that same sex marriage will not be accepted in the Territory.
At a sitting in the House of Assembly, Hon. Archibald Christian, government member and Junior Minister of Tourism, and Hon. Andrew Fahie, Opposition Leader made their positions known.
“It's not that I have anything against persons who choose to have their relationship based on same sex. I am a human-being, so I have to support persons who want to have those relationships. But I have a problem when you call those relationships a marriage,” Hon. Christian said.
Hon. Fahie said the question of same-sex marriage is not up for debate because same-sex marriage is already forbidden in the Territory.
“It's not for any of us to decide whether we are for or against marriage of the same sex,” he said.
He added, “The substantial law already states clearly that it's not a recognised marriage in the British Virgin Islands. If it is challenged, that's a different story.”
Premier and Finance Minister, Hon. Dr. D. Orlando Smith has repeatedly stated that the BVI community will have to start the discussion.
“The present posture of the BVI as far as marriage is concerned is that we recognize marriage as between a man and a woman,” he has stated.
“If there is anything that will be changed, that will change as a result of discussions within the community and eventually a discussion in the House of Assembly,” Premier Smith said.
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