LGBT Rights in Eastern Division

Eastern is governed by federal Fiji law. Learn more
    Homosexuality
    ✔ Legal
    Gay Marriage
    ✖ Banned
    Censorship
    ✔ No censorship
    Changing Gender
    ✖ Illegal
    Gender-Affirming Care
    ✔ Legal
    Non-Binary Gender Recognition
    ✖ Not legally recognized
    Discrimination
    ✔ Illegal
    Employment Discrimination
    ✖ Sexual orientation only
    Housing Discrimination
    ✖ No protections
    Adoption
    ✖ Illegal
    Intersex Infant Surgery
    Unknown
    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 Eastern

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Homosexual activity in Eastern 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 All remaining articles in the Fijian Penal Code that outlawed homosexual sex were repealed.
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 However, Article 175 (a) had not been repealed yet.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…
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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.
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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.
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Same-sex marriage in Eastern

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Same-sex marriage in Eastern 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.
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Censorship of LGBT issues in Eastern

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Censorship of LGBT issues in Eastern is no censorship.

Current status
No censorship
In Fiji, there are no laws restricting the discussion or promotion of LGBTQ+ topics.
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Right to change legal gender in Eastern

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Right to change legal gender in Eastern is illegal.

Current status
Illegal
In Fiji, there is no legal framework for transgender people to change their gender.
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Gender-affirming care in Eastern

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Gender-affirming care in Eastern is legal.

Current status
Since 2001
Legal
In 2001, Fiji adopted the ICD-10 classification, which contains codes for diagnosing transsexualism in adulthood and childhood, which authorize the initiation of medical transition.
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Legal, but restricted for minors
In 1999, Fiji adopted the ICD-9 classification, which included codes allowing for the diagnosis of transsexualism in adults.
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Restricted
In 1974, Fiji legalized sterilization, which de facto meant legalizing sex reassignment surgery, however, medical records regarding transsexualism had to be obtained abroad.
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Until 1974
Banned
Medical transition is not possible
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Legal recognition of non-binary gender in Eastern

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Legal recognition of non-binary gender in Eastern 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.

LGBT discrimination in Eastern

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LGBT discrimination in Eastern 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.
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/…
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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.

LGBT employment discrimination in Eastern

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LGBT employment discrimination in Eastern 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.
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LGBT housing discrimination in Eastern

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LGBT housing discrimination in Eastern is no protections.

Current status
No protections
There are no explicit housing discrimination protections for a person's sexual orientation or gender identity.
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Same-sex adoption in Eastern

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Same-sex adoption in Eastern 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.
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Intersex infant surgery in Eastern

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Intersex infant surgery in Eastern is unknown.

Current status
Unknown

Serving openly in military in Eastern

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Serving openly in military in Eastern 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.
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Blood donations by MSMs in Eastern

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Blood donations by MSMs in Eastern 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.
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Conversion therapy in Eastern

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Conversion therapy in Eastern 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.
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Equal age of consent in Eastern

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Equal age of consent in Eastern 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.
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Until Feb 1, 2010
N/A
The age of consent for homosexual sex was N/A until homosexuality was legalized on February 1st, 2010.
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