Fiji

Lesbian, bisexual, transgender, and intersex (LBTI) constituencies within Fiji are somewhat protected from discrimination, stigma, and unsafe conditions. In 1997, Fiji amended its Constitution to explicitly protect against discrimination based on sexual orientation; this Constitution was abolished in 2009; the new Constitutional document promulgated in September 2013 banned discrimination based on sexual orientation and gender identity and expression through Article 26, therefore, centering SOGIESC values.

Since 1 February 2010, private, adult, consensual, and non-commercial male and female homosexual conduct has been legal under the Crimes Decree 2010. However, same-sex unions, including marriage, remain unrecognised legally.

Transgender and intersex people are also not legally recognised and are victims of gender-based violence and hate crimes.

In 2011, Fiji supported the UN Human Rights Council Joint Statement to end acts of violence based on Sexual Orientation and Gender Identity.

The last State party report was submitted in 2016 and did not contain any mention of LBTI people.

The CEDAW Committee in the 69th Session acknowledged a bill by Fiji that may decriminalise same-sex relationships, though, in 2019, the Prime Minister of Fiji has made it known that he will not accept same-sex couples having the same rights as heterosexual couples, and therefore, same-sex marriage will not be a reality in the State party.

The Committee showed its concern that LBT people are subjected to bullying, including cyberbullying, and asked the State to adopt an anti-bullying policy, and introduce awareness-raising in schools to prevent discrimination and violence. There was also concern about the ongoing hostility towards LBT women that manifests in hate crimes, violence, and discrimination in both public and private spaces, which makes it difficult for the constituencies to record changes in gender on their birth certificates.

The Committee recommended that the State party makes legislative changes and implement a policy to eliminate discrimination, hate speech, and violence against LBT women, including by prosecuting and adequately punishing perpetrators, and conduct awareness-raising activities to address stigma within society, and allow changes in gender on birth certificates. The Committee did not mention intersex people.

The List of Issues contained a question about safeguards in place to protect LBTI women and girls from discrimination in the light of a discriminatory incident towards a student at a boarding school, and whether there are other such cases that have come to light. The Committee addressed this question but only in the context of LBT women, intersex people were not mentioned in the Concluding Observations.

The List of Issues in November 2022 asked the state party what was their progress on measures to adopt legislation, temporary special measures and awareness-raising measures to combat intersecting forms of discrimination against disadvantaged groups of women, such as women with low income, women with disabilities, and lesbian, bisexual, transgender and intersex women.