Homosexuality
    ✔ Legal
    Gay Marriage
    ✖ Banned
    Censorship
    ✔ No censorship
    Changing Gender
    ✖ Illegal
    Non-binary gender recognition
    ✖ Not legally recognized
    Discrimination
    ✔ Illegal
    Employment Discrimination
    ✖ Sexual orientation only
    Housing Discrimination
    ✖ No protections
    Adoption
    ✖ Illegal
    Military
    ✔ Legal
    Donating Blood
    ✖ Banned (indefinite deferral)
    Conversion Therapy
    ✖ Sexual orientation only
    Age of Consent
    ✔ Equal
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Public Opinion

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History

Homosexual activity in Fiji

?

Homosexual activity in Fiji is legal.

Current status
Since Feb 1, 2010
Legal
On February 1st, 2010, the Crimes Decree (2009) came into force. All remaining articles in the Fijian Penal Code that outlawed homosexual sex were repealed.
Added by bradcoffey106  ·  0 accurate votes  ·  Report Error  ·  Log
Jul 11, 2006–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 However, Article 175 (a) had not been repealed yet.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.
Sources:
web.archive.org/web/2011092…//www.pinknews.co.uk/news/articles/2005-1948.html
database.ilga.org/api/downl…
Added by Unknownmiles  ·  0 accurate votes  ·  Report Error  ·  Log
May 1, 1945–Jul 11, 2006
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.
Added by Unknownmiles  ·  0 accurate votes  ·  Report Error  ·  Log
1874–May 1, 1945
Illegal (up to life in prison as punishment)
When Fiji was colonized by the British in 1874, they inherited the British’s Victorian-era sodomy laws. The Offences Against the Person Act 1861 made the punishment for homosexual sex up to life in prison.
Added by bradcoffey106  ·  0 accurate votes  ·  Report Error  ·  Log

Same-sex marriage in Fiji

?

Same-sex marriage in Fiji is banned.

Current status
Since 2002
Banned
The Fijian Marriage Act of 1968 was adjusted in 2002 to explicitly state that "marriage in this registry (or place) which is in law the voluntary union of one man and one woman to the exclusion of all others." Additionally, previous Fijian Prime Ministers have been opposed to same-sex marriage.
Until 2002
Unrecognized
Before the Fijian Marriage Act of 1968 was altered in 2002, there was no explicit ban of same-sex marriage in Fiji. However, the country has and has had a strong Christian religious presence, who have heavily opposed and fought against gay marriage.
Added by Ausyk  ·  0 accurate votes  ·  Report Error  ·  Log

Censorship of LGBT Issues in Fiji

?

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.
Added by equaldex  ·  0 accurate votes  ·  Report Error  ·  Log

Right to change legal gender in Fiji

?

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.
Added by Ausyk  ·  0 accurate votes  ·  Report Error  ·  Log

Legal recognition of non-binary gender in Fiji

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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.
Added by Samuel_NOT_Samuele  ·  0 accurate votes  ·  Report Error  ·  Log

LGBT discrimination in Fiji

?

LGBT discrimination in Fiji is illegal.

Current status
Since Sep 6, 2013
Illegal
On September 6th, 2013, the Constitution of Fiji (2013) was signed into law by the president at the time, Ratu Epeli Nailatikau. In section 26 (3) (a), discrimination towards someone based on their sexual orientation or gender identity (among other grounds) is illegal.
Added by Unknownmiles  ·  0 accurate votes  ·  Report Error  ·  Log
Apr 10, 2009–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.
Sources:
web.archive.org/web/2009041…//www.theaustralian.news.com.au/story/0,24897,25316239-601,00.html
abc.net.au/news/2013-09-06/…
Added by Ausyk  ·  0 accurate votes  ·  Report Error  ·  Log
Jul 25, 1997–Apr 9, 2009
Illegal in some contexts
Section 38 (2) in the Constitution of Fiji (1997) prohibited discrimination towards sexual orientation, and other grounds. However, the Constitution did not explicitly prohibit discrimination towards gender identity.
Added by bradcoffey106  ·  0 accurate votes  ·  Report Error  ·  Log

LGBT employment discrimination in Fiji

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LGBT employment discrimination in Fiji is sexual orientation only.

Current status
Since Oct 2, 2007
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.
Added by Ausyk  ·  0 accurate votes  ·  Report Error  ·  Log

LGBT housing discrimination in Fiji

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LGBT housing discrimination in Fiji is no protections.

Current status
No protections
There are no explicit housing discrimination protections for a person's sexual orientation or gender identity.
Added by Ausyk  ·  0 accurate votes  ·  Report Error  ·  Log

Same-sex adoption in Fiji

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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.
Added by bradcoffey106  ·  0 accurate votes  ·  Report Error  ·  Log

Serving openly in military in Fiji

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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.
Added by Ausyk  ·  0 accurate votes  ·  Report Error  ·  Log

Blood donations by MSMs in Fiji

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Blood donations by MSMs in Fiji is banned (indefinite deferral).

Current status
Banned (indefinite deferral)
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.
Added by Ausyk  ·  0 accurate votes  ·  Report Error  ·  Log

Conversion therapy in Fiji

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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.
Added by Ausyk  ·  0 accurate votes  ·  Report Error  ·  Log

Equal age of consent in Fiji

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Equal age of consent in Fiji is equal.

Current status
Since Feb 1, 2010
Equal
The age of consent in Fiji is 16, regardless of sexual orientation. It has been equal since homosexual sex has been legal- February 1st, 2010.
Added by bradcoffey106  ·  0 accurate votes  ·  Report Error  ·  Log
Until Feb 1, 2010
N/A
The age of consent for homosexual sex was N/A until homosexuality was legalized on February 1st, 2010.
Added by Unknownmiles  ·  0 accurate votes  ·  Report Error  ·  Log


LGBT Rights by Division

View the LGBT laws in each individual division of Fiji.