Gay rights in Fiji
Encyclopedia
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.
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.
Since 1 February 2010, private, adult, consensual and non-commercial male and female homosexual conduct is legal under the Crimes Act 2010.
In 2009, the Fiji Constitution was formally abolished by the President. 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
Fiji , officially the Republic of Fiji , is an island nation in Melanesia in the South Pacific Ocean about northeast of New Zealand's North Island...
became the second country in the world to explicitly protect against discrimination based on sexual orientation
Sexual orientation
Sexual orientation describes a pattern of emotional, romantic, or sexual attractions to the opposite sex, the same sex, both, or neither, and the genders that accompany them. By the convention of organized researchers, these attractions are subsumed under heterosexuality, homosexuality,...
in its constitution
Constitution of Fiji
The 1997 Constitution of Fiji was the supreme law of Fiji from its adoption in 1997 until 2009 when President Josefa Iloilo purported to abrogate it. It was also suspended for a period following the 2000 coup d'état led by Commodore Frank Bainimarama....
. In 2009, the Constitution was abolished.
Law regarding same-sex sexual activity
In 2005, Australian tourist Thomas McCoskerThomas McCosker
Thomas McCoskar, an Australian, visited Fiji, was arrested, tried and sentenced to two years jail for sodomy. An appeal was raised on the basis of Fiji's constitution outlawing discrimination on the basis of sexual orientation...
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.
Since 1 February 2010, private, adult, consensual and non-commercial male and female homosexual conduct is legal under the Crimes Act 2010.
LGBT Politics
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. 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.