- Homosexuality
- ⚢✔ Legal
- Gay Marriage
- ⚭✖ Banned
- Censorship
- ✔ No censorship
- Changing Gender
- ✖ Illegal
- Gender-Affirming Care
- ✖ Restricted
- Non-Binary Gender Recognition
- ✖ Not legally recognized
- Hate Crime Protections
- ✖ No protections
- Discrimination
- ✔ Illegal
- Employment Discrimination
- ✔ Sexual orientation and gender identity
- Housing Discrimination
- ✔ Sexual orientation and gender identity
- Adoption
- ✖ Illegal
- Intersex Infant Surgery
- Unknown
- Military
- ✔ Legal
- Donating Blood
- ✔ Legal
- Conversion Therapy
- ✖ Sexual orientation only
- Age of Consent
- ✔ Equal
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Public Opinion
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Homosexual activity in Fiji is legal.
Current status
Since Feb 1, 2010
Ambiguous
On July 11th, 2006, the Fijian High Commissioner confirmed that gay people having consensual sex would not be arrested. However, Article 175 (a) had not been repealed yet. This Article states that any person who has carnal knowledge (sexual intercourse) of any person against the order of nature is guilty of a felony, and is liable to imprisonment for fourteen years, with or without corporal punishment.
Illegal (imprisonment as punishment)
On May 1st, 1945 the Fijian Penal Code of 1945 went into effect and outlawed homosexual sex. In Article 175 (a) it states that any person who has carnal knowledge (sexual intercourse) of any person against the order of nature is guilty of a felony, and is liable to imprisonment for fourteen years, with or without corporal punishment.
Same-sex marriage in Fiji is banned.
Current status
Since 2002
Banned
Censorship of LGBT issues in Fiji is no censorship.
Current status
No censorship
In Fiji, there are no laws restricting the discussion or promotion of LGBTQ+ topics.
Right to change legal gender in Fiji is illegal.
Current status
Illegal
In Fiji, there is no legal framework for transgender people to change their gender.
Gender-affirming care in Fiji is restricted.
Current status
Since 1999
Restricted
Hormones are available in Fiji for trans women, but are often quite expensive. However, testosterone is not available for trans men.
Legal recognition of non-binary gender in Fiji is not legally recognized.
Current status
Not legally recognized
In Fiji, there are no third-gender options for documents like passports, drivers licenses, birth certificates, ETC. Although there is no legal recognition, Fiji has a group of people who belong to a traditional third gender. They are called "vaka sa lewa lewa." These individuals have a special role in society that is respected and recognized.
Hate crime protections in Fiji is no protections.
Current status
No protections
Fiji does not provide hate crime protections based on sexual orientation or gender identity.
LGBT discrimination in Fiji is illegal.
Current status
Since Sep 6, 2013
No protections
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. Fiji then was without a Constitution until September 6th, 2013, and so there were no protections against discrimination towards sexual orientation or gender identity.
LGBT employment discrimination in Fiji is sexual orientation and gender identity.
Current status
Since Jul 14, 2015
Sexual orientation and gender identity
The Employment Relations (Amendment) Act 2015 bans discrimination and unlawful discrimination in rates of remuneration based on sexual orientation, gender identity and expression.
Sexual orientation only
Under the Employment Relations Promulgation 2007, Section 6(2) prohibits discrimination based on sexual orientation for recruitment, training, promotion, terms and conditions of employment, termination of employment or other matters arising out of the employment relationship.
Same-sex adoption in Fiji is illegal.
Current status
Illegal
On August 31st, 2020, the Justice, Law, and Human Rights Committee advised that the possibility of same-sex couples adopting in Fiji requires thorough consideration. Given Fiji's current social landscape, they stressed the need for caution in making such significant changes. They proposed maintaining the Adoption Bill of 2018 as it stands until further deliberation.
Serving openly in military in Fiji is legal.
Current status
Legal
On The Republic of Fiji Military Forces recruitment website, there is no mention of homosexuality, bisexuality, transgender, or any other sexual orientation or gender identity in the LGBTQ.
Blood donations by MSMs in Fiji is legal.
Current status
Legal
According to the official website of Ministry of Health of Fiji, there is not explicit ban of blood donations from LGBT people.
Previously, the Fijian Ministry of Health issued a statement in April of 2017 confirming the prohibition of blood donations from gay and bisexual men. This decision followed an incident in which a gay man was turned away from donating blood due to his sexual orientation. The Fijian Ministry of Health said the reason gay and bisexual men are banned from donating blood is due to the high risk.
Previously, the Fijian Ministry of Health issued a statement in April of 2017 confirming the prohibition of blood donations from gay and bisexual men. This decision followed an incident in which a gay man was turned away from donating blood due to his sexual orientation. The Fijian Ministry of Health said the reason gay and bisexual men are banned from donating blood is due to the high risk.
Conversion therapy in Fiji is sexual orientation only.
Current status
Since 2010
Sexual orientation only
Section 3(1)(d) of the Mental Health Act (Decree No. 54) (2010) states that expressing, refusing, or failing to express a specific sexual preference or sexual orientation should not be grounds for considering someone mentally ill. While this doesn't outright ban "conversion therapy," it does legally prohibit health professionals, especially psychiatrists, from engaging in it.
Legal Rights
55 / 100
This region's Equality Index is based on legal rights alone. Please submit survey results that show the public opinion of LGBTQ+ issues in Fiji to help improve its accuracy.
Equality Rank
#100
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Alternative names: Fiji Islands (local name)