| LGBT rights in Fiji | |
|---|---|
Fiji |
|
| Same-sex sexual activity legal? | Legal[1] |
| Discrimination protections | No |
In 1997, Fiji became the second country in the world to explicitly protect against discrimination based on sexual orientation in its constitution. In 2009, the Constitution was abolished.[2]
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In 2005, Australian tourist Thomas McCosker had consensual sex with an adult named Dhirendra Nadan. The men were tried and jailed under the nation's sodomy law, but the conviction was subsequently overturned by the nation's highest court as violating the Constitution.
In 2006, the Fijian High Commissioner in New Zealand confirmed that there is now a policy not to arrest gay men for consensual gay sex.[3]
Since 1 February 2010, private, adult, consensual and non-commercial male and female homosexual conduct is legal under the Crimes Act 2010.[4]
In 1997, the Constitution included a provision that specifically prohibited government discrimination on the basis of sexual orientation. In 2009, the Fiji Constitution was formally abolished by the President.[5][6] A new Constitution is supposed to be finalized sometime in 2013, but it is unclear if it will address LGBT-rights.
Discrimination based on sexual orientation or gender identity is not banned by the Fiji's law.
Fiji family laws does not provide legal recognition of same-sex marriage or civil unions. Sine 2002, the law expressly bars government recognition of gay marriage.[7]
Social mores regarding sexual orientation and gender identity tend to be conservative, with no organized campaign in Fiji to address LGBT-rights.[8]
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