TONGA
A group of lawyers in the South Pacific nation of Tonga has called for the removal of newly appointed Chief Justice Malcolm Bishop because he is openly gay.
Bishop, a 71-year-old native of Wales, was appointed to the role last month. It is relatively common in small island nations for judges to be appointed from other Commonwealth countries, due to the scarcity of qualified jurists.
Bishop has more than five decades of legal experience and has lived as an openly gay man through much of his career.
But a group of Tongan lawyers say Bishop should not serve on the bench because “his lifestyle conflicts with the law of Tonga,” and they’ve petitioned King Tupou VI to remove him. The group cites Tonga’s Criminal Offenses Act, which criminalizes sodomy with a penalty of up to 10 years in prison.
But that opposition is not universal. The Tongan Law Society has dissociated itself from the petition.
Henry Aho, a lawyer and former president of Tonga’s Leitis Association, the country’s largest LGBTQ advocacy group, suggests a darker purpose behind the petition.
He says the group is trying “to bring to the fore that this law exists and that it ought to be used to prosecute consenting adults also.”
Neither Bishop nor King Tupou VI have responded publicly to the petition.
The sodomy law has never been enforced in Tonga, but the country’s largely Christian culture remains deeply conservative and opposed to LGBTQ rights. Efforts to lobby the government to repeal the sodomy law — a relic of the British colonial administration – have fallen on deaf ears, even as other South Pacific nations like Palau, Nauru, Fiji, and the Cook Islands have decriminalized sodomy in recent years.
The government has opposed LGBTQ rights so strongly that it is one of only five countries that has not signed or ratified the Convention on the Elimination of Discrimination Against Women, out of fear that it could lead to decriminalization of homosexuality and same-sex marriage. The other states are
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