On April 9th, 2009, The Court of Appeal, which is the second highest court in Fiji, made a decision saying that the 2006 Fijian coup d'état, where the government of Laisenia Qarase was taken out of power and replaced with military rule, was illegal. President Iloilo issued a statement the following day (April 10th, 2009) saying, "I hereby confirm I have abrogated the 1997 constitution and appointed myself as head of state in the new order." Iloilo immediately assumed all political power in the country. Therefore, Fiji was without a Constitution until 2013 and there were no protections against discrimination towards sexual orientation or gender identity. then was without a Constitution until September 6th, 2013, and so there were no protections against discrimination towards sexual orientation or gender identity.

On April 9th, 2009, The Court of Appeal, which is the second highest court in Fiji, made a decision saying that the 2006 Fijian coup d'état, where the government of Laisenia Qarase was taken out of power and replaced with military rule, was illegal. President Iloilo issued a statement the following day (April 10th, 2009) saying, "I hereby confirm I have abrogated the 1997 constitution and appointed myself as head of state in the new order." Iloilo immediately assumed all political power in the country. Therefore, Fiji was without a Constitution until 2013. and there were no protections against discrimination towards sexual orientation or gender identity.