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.

Despite the constitution, Male homosexuality is still technically illegal in Fiji. The Fijian Penal code states that any person who has carnal knowledge against the order of nature faces imprisonment of 14 years, with or without corporal punishment and indecent practices between males is punishable by 5 years imprisonment.

There are no laws prohibiting sexual acts between women.

The 2001 murders of two high-profile respected gay residents, John Scott and Gregory Scrivener, broke loose the pretense and silence about homosexuality in Fiji.

In 2002 the Marriage Act was amended to read as “union of one woman and one man to the exclusion of all others".

In 2005, Australian tourist Thomas McCosker had sex with Dhirendra Nadan and was sentenced to 2 years jail for sodomy. Their convictions were overturned on August 26, 2005 on constitutional grounds.

In 2006, the Fijian High Commissioner in New Zealand confirmed that there is now a policy to not arrest gay men for consensual gay sex.