Western 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
Western is lacking public opinion data.
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Homosexual activity in Western 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 However, Article 175 (a) had not been repealed yet.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 Western is banned.
Current status
Since 2002
Banned
Censorship of LGBT issues in Western 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 Western is illegal.
Current status
Illegal
In Fiji, there is no legal framework for transgender people to change their gender.
Gender-affirming care in Western 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.
Legal, but restricted for minors
In 1999, Fiji adopted the ICD-9 classification, which included codes allowing for the diagnosis of transsexualism in adults.
Restricted
In 1974, Fiji legalized sterilization, which de facto meant legalizing sex reassignment surgery, however, medical records regarding transsexualism had to be obtained abroad.
Until 1974
Banned
Medical transition is not possible
Legal recognition of non-binary gender in Western 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 Western 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 Western 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.
LGBT housing discrimination in Western is no protections.
Current status
No protections
There are no explicit housing discrimination protections for a person's sexual orientation or gender identity.
Same-sex adoption in Western 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.
Intersex infant surgery in Western is unknown.
Current status
Unknown
Serving openly in military in Western 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 Western 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.
Conversion therapy in Western 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
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This region's Equality Index is based on legal rights alone. Please submit survey results that show the public opinion of LGBTQ+ issues in Western to help improve its accuracy.
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Western LGBT Organizations
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