LGBT rights in Fiji

In 1997, Fiji became the second country in the world to explicitly protect against discrimination based on sexual orientation in its constitution.^[2][3] In 2009, the Constitution was abolished.^[4] The new constitution, promulgated in September 2013, bans discrimination based on sexual orientation and gender identity or expression.

Law regarding same-sex sexual activity

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 in August 2005 by the nation's highest court as violating the Constitution.^[5][6][7]

In the same time, then Prime Minister Laisenia Qarase defended his nation's criminal laws against homosexuality as being based on the Bible.^[8][9] In contrast, then Vice President Ratu Joni Madraiwiwi stated that he felt that gay people have their right to privacy protected.^[10]

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.^[11]

Since 1 February 2010, private, adult, consensual and non-commercial male and female homosexual conduct is legal under the Crimes Decree 2010.^[12]

Anti-discrimination protections

Discrimination in employment based on sexual orientation is banned by the Fiji's law.^[13]

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.^[14][15]

In April 2013, the Attorney-General Aiyaz Sayed-Khaiyum stated that a new Constitution, which is supposed to be finalized sometime in 2013, would ban discrimination based on sexual orientation.^[16] The constitution was promulgated in September 2013 and includes provision banning discrimination based on sexual orientation and gender identity or expression.^[17][18]

Family Law

Fiji family laws does not provide legal recognition of same-sex marriage or civil unions. Since 2002, the law expressly bans same-sex marriage.^[19][20]

On 26 March 2013, Prime Minister Frank Bainimarama expressed opposition to the idea of same-sex marriage. Answering a question raised by a caller on a radio talk-back programme, he stated that same-sex marriage "will not be allowed because it is against religious beliefs".^[21][22] In April 2013, a support group representing LGBT students, Drodrolagi Movement, called for a discussion on the issue.^[23]

Summary Conditions

Public displays of affection in general are considered offensive in Fiji.^[24]

Social mores regarding sexual orientation and gender identity tend to be conservative, with no organized campaign in Fiji to address LGBT-rights.^[20]

On 1 July 2001, Red Cross leader John Maurice Scott and his partner, Gregory Scrivener, were brutally murdered in Suva, in an apparent homophobic attack with a possible political motive.^[25] Scott and Scrivener's story has become the subject of a 2008 New Zealand documentary, An Island Calling.^[26]

On 17 May 2012, Fijian police cancelled a gay rights march.^[27]

Summary Table

Same-sex sexual activity legal	Since 2010
Equal age of consent	Since 2010
Anti-discrimination laws in employment only	Since 2013
Anti-discrimination laws in the provision of goods and services
Anti-discrimination laws in all other areas (Incl. indirect discrimination, hate speech)
Same-sex marriages
Recognition of same-sex couples
Step-child adoption by same-sex couples
Joint adoption by same-sex couples
Gays and lesbians allowed to serve openly in the military
Right to change legal gender
Access to IVF for lesbians
Commercial surrogacy for gay male couples
MSMs allowed to donate blood

References