Fiji

Last Updated 5 April 2024

Since gaining independence from the United Kingdom in 1970, Fiji has suffered four military coups, with the last taking place in 2006. Although this political instability has complex causes, ethno-political divisions between the Indo-Fijian and indigenous Fijian communities are generally accepted as a major underlying factor. Historically these divisions have been nurtured and used for political gain.1”Fiji: the conflict in focus”, Conciliation Resources, accessed 5 April 2024, https://www.c-r.org/programme/pacific/fiji-conflict-focus

According to the 2017 census, Fiji’s major religion is Christianity (69%), followed by Hinduism (24%), and a small percentage of Muslims  (6%) and other religious minorities, including Sikhs and Bahais. There is no indication of the number of non-religious individuals living in the country2”Fiji Census Dashboard 2017″, Fiji Bureau of Statistics, accessed 4 April 2024, https://experience.arcgis.com/experience/fd6bb849099f46869125089fd13579ec/page/Population–by-Major-Religious-Groups/ The Christian-Hindu divide is a cause of religious tensions.

Religious affiliation broadly follows ethnic lines: most indigenous Fijian citizens – the iTaukei, who constitute approximately 63% of the population – are Christian, as are an estimated 60% of the Chinese community. Most Indian Fijians – who account for an estimated 33% of the population – are Hindu, while an estimated 20% are Muslim, and a further 6% are Christian.3”Fiji Census Dashboard 2017″, Fiji Bureau of Statistics, accessed 4 April 2024, https://experience.arcgis.com/experience/fd6bb849099f46869125089fd13579ec/page/Population–by-Major-Religious-Groups/; “Fiji” chapter in 2022 Report on International Religious Freedom, Office of International Religious Freedom, U.S. Department of State, https://www.state.gov/reports/2022-report-on-international-religious-freedom/fiji/

 
Severe Discrimination
Systemic Discrimination
Mostly Satisfactory
Free and Equal

Constitution and government

Following years of successive coup d’états, and the suspension of the Constitution, Fiji adopted a new Constitution in September 2013, which incorporates international human rights standards for freedom of religion or belief, and freedoms of expression, association and assembly.

The 2013 Constitution4”Constitution of the Republic of Fiji”, World Intellectual Property Index, accessed 4 April 2024, https://www.wipo.int/edocs/lexdocs/laws/en/fj/fj013en.pdf establishes a secular state that guarantees freedom of religion or belief for all persons.

Article 4 of the Constitution states:

“4.—(1) Religious liberty, as recognised in the Bill of Rights, is a founding principle
of the State.
(2) Religious belief is personal.
(3) Religion and the State are separate, which means—

(a) the State and all persons holding public office must treat all religions
equally;
(b) the State and all persons holding public office must not dictate any religious
belief;
(c) the State and all persons holding public office must not prefer or advance,
by any means, any particular religion, religious denomination, religious
belief, or religious practice over another, or over any non-religious belief;
and
(d) no person shall assert any religious belief as a legal reason to disregard this
Constitution or any other law.”

The Constitution’s Bill of Rights also guarantees the rights to freedom of speech, expression, thought, opinion and publication (Article 17); the right to freedom of religion, conscience and belief (Article 22); the right to freedom of assembly (Article 18); and the right to freedom of association (Article 19).

Limitations on these rights may be applied to protect the freedoms of others, or in the interest of public safety, order, morality, health or nuisance. Further, the right to freedom of speech, expression, thought, opinion and publication as articulated in Article 17, may be limited in the interests of “preventing attacks on the dignity of individuals, groups of individuals or respected offices or institutions in a manner likely to promote ill will between ethnic or religious groups or the oppression of, or discrimination against, any person or group of persons” (Article 17(3)(d)).

Religious groups are required to register with the government through trustees who are entitled to hold land or property for the groups. Registered groups may receive tax exemptions on the condition that they operate on a non-profit and non-competitive capacity.5”Fiji” chapter in 2022 Report on International Religious Freedom, Office of International Religious Freedom, U.S. Department of State, https://www.state.gov/reports/2022-report-on-international-religious-freedom/fiji/

Many of the nation’s traditional chiefs ascribe to the Methodist Church.6”Fiji” chapter in 2022 Report on International Religious Freedom, Office of International Religious Freedom, U.S. Department of State, https://www.state.gov/reports/2022-report-on-international-religious-freedom/fiji/

Education and children’s rights

Article 22(4) of the Constitution states:

“(4) Every religious community or denomination, and every cultural or social community, has the right to establish, maintain and manage places of education whether or not it receives financial assistance from the State, provided that the educational institution maintains any standard prescribed by law.

(5) In exercising its rights under subsection (4), a religious community or denomination has the right to provide religious instruction as part of any education that it provides, whether or not it receives financial assistance from the State for the provision of that education.

(6) Except with his or her consent or, in the case of a child, the consent of a parent or lawful guardian, a person attending a place of education is not required to receive religious instruction or to take part in or attend a religious ceremony or observance if the instruction, ceremony or observance relates to a religion that is not his or her own or if he or she does not hold any religious belief.”

The Ministry of Education administers and regulates the curriculum. Non-compulsory religious instruction in schools is permitted. Schools may incorporate religious elements, such as class prayer. Theoretically, teachers are not compelled to participate, and students may be excused should their parents request it (it is unclear if children can opt themselves out in accordance with their evolving capacities).7”Religious freedoms: a Guide to your rights – Fiji”, International Center for Law and Religious Freedom Studies, accessed, 4 April 2024, https://www.iclrs.org/app/uploads/2023/10/PD80024018_000_Fiji-Religious-Freedom_WEB_English.pdf;”Fiji” chapter in 2022 Report on International Religious Freedom, Office of International Religious Freedom, U.S. Department of State, https://www.state.gov/reports/2022-report-on-international-religious-freedom/fiji/ In January 2023, Prime Minister Sitiveni Rabuka reportedly announced that schools run by religious organizations would be permitted to invite chaplains, and other religious representatives, to teach students about their faith.8Serafina Silaitoga, “Fiji schools run by religious organisations allowed to include faith-based teachers”, Fiji Times, 7 January 2023, https://www.fijitimes.com.fj/fiji-schools-run-by-religious-organisations-allowed-to-include-faith-based-teachers/;

The government provides funding and educational assistance to public schools, including schools owned and operated by religious organizations, on a per pupil basis. Religious schools remain open to all students. According to the law, the government ensures free tuition for primary and secondary schools. Religious groups, whether or not they receive financial assistance from the state, must maintain the educational standards prescribed by law.9”Fiji” chapter in 2022 Report on International Religious Freedom, Office of International Religious Freedom, U.S. Department of State, https://www.state.gov/reports/2022-report-on-international-religious-freedom/fiji/

Many of the schools in Fiji are run by religious organizations. Almost all of them are public schools, and they run collective worship in line with the religion assumed by the school.10Pekai Kotoisuva,”Faith in schools”, Fiji Times, 14 January 2023, https://www.fijitimes.com.fj/faith-in-schools/

Family, community and society

Ethnic conflict

The conflict in Fiji is drawn largely along ethnic lines that also reflect religious divisions: the indigenous Pacific Islanders who have led a series of coup d’états are mostly Christian, while the descendants of Indians who lost rights under the coups are mostly Hindu. Nevertheless, even during military coups and rule by emergency powers, the authorities generally respected the right to freedom of religion or belief, although there were reports of vandalism against places of worship, especially Hindu temples.11Satendra Prasad, Jone Dakuvula and Darryn Snell, Economic Development, Democracy and Ethnic Conflict in the Fiji Islands. London, UK: Minority Rights Group & Citizens Constitutional Forum, 2001, accessed 5 March 2025, https://minorityrights.org/app/uploads/2023/12/download-107-economic-development-democracy-and-ethnic-conflict-in-the-fiji-islands.pdf

In its 2022 report, the U.S Department of State reported repeated acts of vandalism and violence targeted at places and objects of worship. Several of these incidents resulted in charges of sacrilege being brought against the alleged assailants.12”Fiji” chapter in 2022 Report on International Religious Freedom, Office of International Religious Freedom, U.S. Department of State, https://www.state.gov/reports/2022-report-on-international-religious-freedom/fiji/

LGBTI+ rights

Consensual same-sex relationships were decriminalized under the Crimes Act 2009.13Crimes Act of 2009, Laws of Fiji, last updated 21 March 2018, https://www.laws.gov.fj/Acts/DisplayAct/3164 However, LGBTI+ people continue to face discrimination within Fijian society.14”Fiji”, ILGA World Database,  accessed 5 April 2024, https://database.ilga.org/fiji-lgbti

Same-sex marriage remains illegal, with continued opposition from representatives of the Church.15 On 7 April 2019, Fiji’s Prime Minister stated that Fiji would not allow same-sex marriage so long as FijiFirst remained in power, adding that the nation was a “God-fearing country”.15https://www.pinknews.co.uk/2019/04/10/fiji-prime-minister-never-allow-same-sex-marriage/; Wati Talebula, “Fiji Coalition Disturbed By PM ‘No Same-Sex Marriage’ Comment”, Fiji Sun, 9 April 2019, accessed 5 April 2024, https://fijisun.com.fj/2019/04/09/fiji-coalition-disturbed-by-pm-no-to-same-sex-marriage-comment/; Pauliasi Mateboto, “Methodist conference | Members discuss prejudice against LGBTQ individuals and same-sex marriage”, The Fiji Times, 31 August 2023, https://www.fijitimes.com.fj/methodist-conference-members-discuss-prejudice-against-lgbtq-individuals-and-same-sex-marriage/; “Message of love, not one’s sexual orientation – Methodist Church”, FijiLive, 5 September 2023, https://fijilive.com/message-of-love-not-ones-sexual-orientation/

While some political parties have endorsed LGBTI+ candidates in recent years, the same parties have been keen to ensure they distance themselves from any suggestion of support for same-sex marriage.16Jale Daucakacaka, “Tawaivuna attacks NFP transgender candidate”, FBC News, 4 December 2022, https://www.fbcnews.com.fj/news/fijian-elections/tawaivuna-attacks-nfp-transgender-candidate/; Vijay Narayan, “NFP President denounces malicious propaganda regarding same sex marriage”, Fiji Village, 7 December 2022, https://www.fijivillage.com/news/NFP-President-denounces-malicious-propaganda-regarding-same-sex-marriage-xrf845/ 

Provisions of the Mental Health Act 2010 effectively proscribe medical professionals, including psychiatrists, from participating in so-called “conversion therapy”.17”Fiji”, ILGA World Database,  accessed 5 April 2024, https://database.ilga.org/fiji-lgbti However, LGBTI+ rights activists have reported that physical violence and domestic abuse continue to be a form of familial conversion therapy for many members of the community.18 Melissa Maykin, Inga Stünzner and Hilda Wayne, “Meet the LGBTQI Pacific Islanders overcoming a ‘colonial mindset’ and ‘narrative of shame’ to embrace their true selves”, ABC News, 30 May 2022, https://www.abc.net.au/news/2022-05-30/lgbtqi-pacific-islanders-embrace-identity-despite-discrimination/101099638 

Women’s rights

According to the Crimes Act 2009, abortion is permissible in the instances of rape or incest. Under section 234 of the Act, anyone who unlawfully performs an abortion faces up to 14 years in prison. A woman who seeks to induce a miscarriage could face up to seven years in prison (section 235). 19Crimes Act of 2009, Laws of Fiji, last updated 21 March 2018, https://laws.gov.fj/Acts/DisplayAct/798#

Freedom of expression, advocacy of humanist values

Reports indicate that the freedom of expression landscape – particularly in regard to media freedom – in Fiji has begun to open since the December 2022 elections.20”Fiji” chapter in Freedom in the World 2024, Freedom House, accessed 5 April 2024, https://freedomhouse.org/country/fiji/freedom-world/2024 In April 2023, the government repealed the draconian Media Industry Development Authority (MIDA) Act 2010.21Pacific Islands News Association, “PINA challenges Pacific countries to follow Fiji’s lead and repeal media legislation”, IFEX, 7 April 2023, https://ifex.org/pina-challenges-pacific-countries-to-follow-fijis-lead-and-repeal-media-legislation/ In tandem, the authorities set about re-establishing the Media Council.22Global Voices Advox, “‘Historic day for Fiji’ as it revives its media council”, IFEX, 31 October 2023, https://ifex.org/historic-day-for-fiji-as-it-revives-its-media-council/ The repeal of the law had been opposed by leading opposition party FijiFirst.23”Fiji” chapter in Freedom in the World 2024, Freedom House, accessed 5 April 2024, https://freedomhouse.org/country/fiji/freedom-world/2024

Despite these positive developments, other provisions, such as the country’s sedition law are still liable to abuse, and have the effect of limiting the activity of NGOs in the country.24”Fiji” chapter in Freedom in the World 2024, Freedom House, accessed 5 April 2024, https://freedomhouse.org/country/fiji/freedom-world/2024

Freedom of assembly

Article 18 of the Constitution enshrines the right to freedom of assembly, but provides a range of bases upon which to restrict this right, including:

“(a) in the interests of national security, public safety, public order, public
morality, public health or the orderly conduct of elections;
(b) for the purpose of protecting the rights and freedoms of others; or
(c) for the purpose of imposing restrictions on the holders of public offices”

References

References
1 ”Fiji: the conflict in focus”, Conciliation Resources, accessed 5 April 2024, https://www.c-r.org/programme/pacific/fiji-conflict-focus
2 ”Fiji Census Dashboard 2017″, Fiji Bureau of Statistics, accessed 4 April 2024, https://experience.arcgis.com/experience/fd6bb849099f46869125089fd13579ec/page/Population–by-Major-Religious-Groups/
3 ”Fiji Census Dashboard 2017″, Fiji Bureau of Statistics, accessed 4 April 2024, https://experience.arcgis.com/experience/fd6bb849099f46869125089fd13579ec/page/Population–by-Major-Religious-Groups/; “Fiji” chapter in 2022 Report on International Religious Freedom, Office of International Religious Freedom, U.S. Department of State, https://www.state.gov/reports/2022-report-on-international-religious-freedom/fiji/
4 ”Constitution of the Republic of Fiji”, World Intellectual Property Index, accessed 4 April 2024, https://www.wipo.int/edocs/lexdocs/laws/en/fj/fj013en.pdf
5, 6, 9, 12 ”Fiji” chapter in 2022 Report on International Religious Freedom, Office of International Religious Freedom, U.S. Department of State, https://www.state.gov/reports/2022-report-on-international-religious-freedom/fiji/
7 ”Religious freedoms: a Guide to your rights – Fiji”, International Center for Law and Religious Freedom Studies, accessed, 4 April 2024, https://www.iclrs.org/app/uploads/2023/10/PD80024018_000_Fiji-Religious-Freedom_WEB_English.pdf;”Fiji” chapter in 2022 Report on International Religious Freedom, Office of International Religious Freedom, U.S. Department of State, https://www.state.gov/reports/2022-report-on-international-religious-freedom/fiji/
8 Serafina Silaitoga, “Fiji schools run by religious organisations allowed to include faith-based teachers”, Fiji Times, 7 January 2023, https://www.fijitimes.com.fj/fiji-schools-run-by-religious-organisations-allowed-to-include-faith-based-teachers/;
10 Pekai Kotoisuva,”Faith in schools”, Fiji Times, 14 January 2023, https://www.fijitimes.com.fj/faith-in-schools/
11 Satendra Prasad, Jone Dakuvula and Darryn Snell, Economic Development, Democracy and Ethnic Conflict in the Fiji Islands. London, UK: Minority Rights Group & Citizens Constitutional Forum, 2001, accessed 5 March 2025, https://minorityrights.org/app/uploads/2023/12/download-107-economic-development-democracy-and-ethnic-conflict-in-the-fiji-islands.pdf
13 Crimes Act of 2009, Laws of Fiji, last updated 21 March 2018, https://www.laws.gov.fj/Acts/DisplayAct/3164
14, 17 ”Fiji”, ILGA World Database,  accessed 5 April 2024, https://database.ilga.org/fiji-lgbti
15 https://www.pinknews.co.uk/2019/04/10/fiji-prime-minister-never-allow-same-sex-marriage/; Wati Talebula, “Fiji Coalition Disturbed By PM ‘No Same-Sex Marriage’ Comment”, Fiji Sun, 9 April 2019, accessed 5 April 2024, https://fijisun.com.fj/2019/04/09/fiji-coalition-disturbed-by-pm-no-to-same-sex-marriage-comment/; Pauliasi Mateboto, “Methodist conference | Members discuss prejudice against LGBTQ individuals and same-sex marriage”, The Fiji Times, 31 August 2023, https://www.fijitimes.com.fj/methodist-conference-members-discuss-prejudice-against-lgbtq-individuals-and-same-sex-marriage/; “Message of love, not one’s sexual orientation – Methodist Church”, FijiLive, 5 September 2023, https://fijilive.com/message-of-love-not-ones-sexual-orientation/
16 Jale Daucakacaka, “Tawaivuna attacks NFP transgender candidate”, FBC News, 4 December 2022, https://www.fbcnews.com.fj/news/fijian-elections/tawaivuna-attacks-nfp-transgender-candidate/; Vijay Narayan, “NFP President denounces malicious propaganda regarding same sex marriage”, Fiji Village, 7 December 2022, https://www.fijivillage.com/news/NFP-President-denounces-malicious-propaganda-regarding-same-sex-marriage-xrf845/ 
18 Melissa Maykin, Inga Stünzner and Hilda Wayne, “Meet the LGBTQI Pacific Islanders overcoming a ‘colonial mindset’ and ‘narrative of shame’ to embrace their true selves”, ABC News, 30 May 2022, https://www.abc.net.au/news/2022-05-30/lgbtqi-pacific-islanders-embrace-identity-despite-discrimination/101099638 
19 Crimes Act of 2009, Laws of Fiji, last updated 21 March 2018, https://laws.gov.fj/Acts/DisplayAct/798#
20, 23, 24 ”Fiji” chapter in Freedom in the World 2024, Freedom House, accessed 5 April 2024, https://freedomhouse.org/country/fiji/freedom-world/2024
21 Pacific Islands News Association, “PINA challenges Pacific countries to follow Fiji’s lead and repeal media legislation”, IFEX, 7 April 2023, https://ifex.org/pina-challenges-pacific-countries-to-follow-fijis-lead-and-repeal-media-legislation/
22 Global Voices Advox, “‘Historic day for Fiji’ as it revives its media council”, IFEX, 31 October 2023, https://ifex.org/historic-day-for-fiji-as-it-revives-its-media-council/

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