Fiji

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.[ref]”Fiji: the conflict in focus”, Conciliation Resources, accessed 5 April 2024, https://www.c-r.org/programme/pacific/fiji-conflict-focus[/ref]

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 country[ref]”Fiji Census Dashboard 2017″, Fiji Bureau of Statistics, accessed 4 April 2024, https://experience.arcgis.com/experience/fd6bb849099f46869125089fd13579ec/page/Population–by-Major-Religious-Groups/ [/ref] 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.[ref]”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/[/ref]

Constitution and government Education and children’s rights Family, community, society, religious courts and tribunals Freedom of expression advocacy of humanist values
The dominant influence of religion in public life undermines the right to equality and/or non-discrimination
There is state funding of at least some religious schools
State-funded schools offer religious or ideological instruction with no secular or humanist alternative, but it is optional
Some concerns about political or media freedoms, not specific to the non-religious
The state is secular, with separation of religious and political authorities, not discriminating against any religion or belief
Constitution and government
The state is secular, with separation of religious and political authorities, not discriminating against any religion or belief
Education and children’s rights
There is state funding of at least some religious schools
State-funded schools offer religious or ideological instruction with no secular or humanist alternative, but it is optional
Family, community, society, religious courts and tribunals
The dominant influence of religion in public life undermines the right to equality and/or non-discrimination
Freedom of expression advocacy of humanist values
Some concerns about political or media freedoms, not specific to the non-religious
The state is secular, with separation of religious and political authorities, not discriminating against any religion or belief
Insufficient information or detail not included in this report

Countries: no countries relate to this boundary condition

Religious or ideological instruction is mandatory in all or most state-funded schools with no secular or humanist alternative
Insufficient information or detail not included in this report

Countries: Angola, South Sudan, Tuvalu

Religious courts or tribunals rule directly on some family or ‘moral’ matters; it is legally an opt-in system, but the possibility of social coercion is very clear
Insufficient information or detail not included in this report
No fundamental restrictions on freedom of expression or advocacy of humanist values
Insufficient information or detail not included in this report

Countries: no countries relate to this boundary condition

No condition holds in this strand

Countries: Lesotho, Uzbekistan

No condition holds in this strand

Countries: Andorra

No condition holds in this strand
No condition holds in this strand

Countries: no countries relate to this boundary condition

Localised or infrequent but recurring and widespread social marginalisation or prejudice against the non-religious

This condition is unusual in that it is applied in cases where there is some social discrimination, but it is not pervasive or nationwide. This condition is applied when there is sufficient background evidence to warrant the assertion that discrimination is not anomalous but widespread, and this condition may be applied for example even where if there is no legislative discrimination or where the non-religious may have legal recourse against such discrimination. However, societal discrimination (i.e. discrimination by peers, as opposed to state or legal discrimination) is not easily measured, and for this reason the Report does not currently have similar more severe boundary conditions to capture higher levels of social discrimination per se. In principle these may be introduced in future. However, we consider that countries with actual higher levels of social discrimination against the non-religious will generally already meet other higher level (more severe) boundary conditions under this thematic strand.

Countries: Albania, Botswana, Greece, United States of America

The dominant influence of religion in public life undermines the right to equality and/or non-discrimination

Applied when the influence of religion on public life undermines others’ rights, such as SRHR, women’s rights, LGBTI+ rights.

May be applied when the influence is overt (i.e. when religious laws are applied to undermine others’ rights) or covert (i.e. where religious pressure groups exert influence to affect policy)

Countries: Albania, Andorra, Antigua and Barbuda, Armenia, Bahamas, Belize, Bolivia, Brunei Darussalam, Burundi, Chile, Congo, Democratic Republic of, Côte d'Ivoire, Croatia, Cuba, Dominica, Dominican Republic, El Salvador, Eritrea, Eswatini, Fiji, Gambia, Ghana, Guatemala, Guinea, Hungary, Iran, Italy, Jamaica, Jordan, Liberia, Lithuania, Mali, Mexico, Moldova, Montenegro, Mozambique, Nicaragua, Nigeria, North Macedonia, Oman, Panama, Paraguay, Qatar, Romania, Russia, Saint Lucia, Saint Vincent and the Grenadines, Saudi Arabia, Senegal, Serbia, Slovakia, Solomon Islands, Sri Lanka, Suriname, Timor-Leste (East Timor), Trinidad and Tobago, Ukraine, Zambia

Use of Conscientious Objection clauses resulting in the denial of lawful services to women and LGBTI+ people
Complete tyranny precludes all freedoms of expression and thought, religion or belief

Applied when overriding acts of oppression by the State are extreme, to the extent that the question of freedom of thought and expression is almost redundant, because all human rights and freedoms are quashed by authorities.

Countries: Afghanistan, North Korea

The non-religious are barred from some government offices (including posts reserved for particular religions or sects)
There is a nominal state church with few privileges or progress is being made toward disestablishment

Countries: Bulgaria, Norway, Peru, Rwanda

Religious or ideological indoctrination is utterly pervasive in schools
Expression of non-religious views is severely persecuted, or is rendered almost impossible by severe social stigma, or is highly likely to be met with hatred or violence
The non-religious are persecuted socially or there are prohibitive social taboos against atheism, humanism or secularism
There is significant social marginalisation of the non-religious or stigma associated with expressing atheism, humanism or secularism
Expression of core Humanist principles on democracy, freedom and human rights is brutally repressed
Religious authorities have supreme authority over the state

Countries: Iran

State legislation is partly derived from religious law or by religious authorities
Preferential treatment is given to a religion or religion in general

This condition is applied where there are miscellaneous indicators that organs of the state offer various forms of support for a religion, or to religion in general over non-religious worldviews, suggesting a preference for those beliefs, or that the organs of that religion are privileged.

Countries: Albania, Algeria, Andorra, Antigua and Barbuda, Argentina, Australia, Austria, Bahamas, Belize, Bhutan, Bolivia, Bosnia and Herzegovina, Brazil, Burundi, Canada, Cape Verde, Colombia, Croatia, Cyprus, Czech Republic, Denmark, Dominican Republic, Equatorial Guinea, Eritrea, Ethiopia, Finland, Germany, Ghana, Guatemala, Guyana, Haiti, Iceland, India, Indonesia, Ireland, Israel, Italy, Jamaica, Japan, Kazakhstan, Kuwait, Kyrgyzstan, Liberia, Lithuania, Luxembourg, Madagascar, Malawi, Malaysia, Mali, Malta, Mauritania, Mauritius, Montenegro, Mozambique, Nepal, New Zealand, Nigeria, North Macedonia, Oman, Panama, Paraguay, Peru, Philippines, Poland, Portugal, Qatar, Romania, Rwanda, San Marino, Serbia, Seychelles, Sierra Leone, Singapore, Slovakia, Solomon Islands, Sri Lanka, Tajikistan, Tanzania, Timor-Leste (East Timor), Tunisia, Turkey, Tuvalu, United Kingdom, Vanuatu, Venezuela, Zimbabwe

Religious or ideological instruction in a significant number of schools is of a coercive fundamentalist or extremist variety

This condition highlights countries where schools subject children to fundamentalist religious instruction with no real opportunity to question fundamentalist tenets, or where lessons routinely encourage hatred (for example religious or ethnic hatred). The wording “significant number of schools” is not given a rigid quantification (sometimes the worst-offending schools are unregistered, illegal, or otherwise uncounted); however the condition is not applied in cases where only a small number of schools meet the description and may be anomalous, as opposed to being indicative of a widespread problem.

Countries: Bangladesh, Pakistan, Saudi Arabia

State-funded schools provide religious education which may be nominally comprehensive but is substantively biased or borderline confessional
There is a pattern of impunity or collusion in violence by non-state actors against the non-religious
Some religious courts rule in civil or family matters on a coercive or discriminatory basis
‘Apostasy’ or conversion from a specific religion is outlawed and punishable by death
‘Apostasy’ is outlawed and punishable with a prison sentence

Countries: Bahrain, Comoros, Jordan, Kuwait

State legislation is largely or entirely derived from religious law or by religious authorities
Anomalous discrimination by local or provincial authorities, or overseas territories
Religious or ideological instruction is mandatory in at least some public schools (without secular or humanist alternatives)
Government figures or state agencies openly marginalize, harass, or incite hatred or violence against the non-religious
Government authorities push a socially conservative, religiously or ideologically inspired agenda, without regard to the rights of those with progressive views
‘Blasphemy’ or criticism of religion is outlawed and punishable by death
Quasi-divine veneration of a ruling elite is enforced, or a single-party regime holds uncontested power, subject to severe punishment
Legal or constitutional provisions exclude non-religious views from freedom of religion or belief
It is illegal to register an explicitly Humanist, atheist, secularist or other non-religious NGO or other human rights organization, or such groups are persecuted by authorities
Prohibitive interreligious social control (including interreligious marriage bans)
It is illegal to advocate secularism or church-state separation, or such advocacy is suppressed
The non-religious are barred from holding government office
There is a religious tax or tithing which is compulsory, or which is state-administered and discriminates by precluding non-religious groups
It is illegal or unrecognised to identify as an atheist or as non-religious
Some concerns about children's right to specifically freedom of religion or belief

This condition may apply if specifically religious education, religious materials, or specific religious denominations are so tightly controlled that children are in fact over-protected from exposure to religion and are likely unable to explore or construct their own worldview in accordance with their evolving capacities. This condition helps us to classify states (perhaps with secular constitutions) which have criminalized specifically religious beliefs or practices. This condition is not applied if the restricted beliefs or practices are found to be outlawed due to their being of an extremist variety. While this condition does not directly reflect discrimination against non-religious persons or non-religious ideas, it does represent an overall threat to freedom of thought, conscience, religion or belief; such restrictions could spill over to affect non-religious beliefs later; and they pose a risk of backlash against over-zealous secular authorities or even against non-religious individuals by association.

Countries: China, Congo, Democratic Republic of, Cuba, Eritrea, Ethiopia, Guinea, Guyana, Italy, Kazakhstan, Laos, Madagascar, Mali, Mexico, North Macedonia, Romania, Tajikistan, Togo, Turkmenistan, Uzbekistan, Viet Nam, Zimbabwe

It is made difficult to register or operate an explicitly Humanist, atheist, secularist or other non-religious NGO or other human rights organization
Legend
 
Severe Discrimination
Systemic Discrimination
Mostly Satisfactory
Free and Equal
More information about rating table

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 Constitution[ref]”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[/ref] 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.[ref]”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/[/ref]

Many of the nation’s traditional chiefs ascribe to the Methodist Church.[ref]”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/[/ref]

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).[ref]”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/[/ref] 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.[ref]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/; [/ref]

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.[ref]”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/[/ref]

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.[ref]Pekai Kotoisuva,”Faith in schools”, Fiji Times, 14 January 2023, https://www.fijitimes.com.fj/faith-in-schools/[/ref]

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.[ref]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[/ref]

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.[ref]”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/[/ref]

LGBTI+ rights

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

Same-sex marriage remains illegal, with continued opposition from representatives of the Church.[ref][/ref] 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”.[ref]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/[/ref]

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.[ref]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/ [/ref]

Provisions of the Mental Health Act 2010 effectively proscribe medical professionals, including psychiatrists, from participating in so-called “conversion therapy”.[ref]”Fiji”, ILGA World Database,  accessed 5 April 2024, https://database.ilga.org/fiji-lgbti[/ref] 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.[ref] 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 [/ref]

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). [ref]Crimes Act of 2009, Laws of Fiji, last updated 21 March 2018, https://laws.gov.fj/Acts/DisplayAct/798#[/ref]

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.[ref]”Fiji” chapter in Freedom in the World 2024, Freedom House, accessed 5 April 2024, https://freedomhouse.org/country/fiji/freedom-world/2024[/ref] In April 2023, the government repealed the draconian Media Industry Development Authority (MIDA) Act 2010.[ref]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/[/ref] In tandem, the authorities set about re-establishing the Media Council.[ref]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/[/ref] The repeal of the law had been opposed by leading opposition party FijiFirst.[ref]”Fiji” chapter in Freedom in the World 2024, Freedom House, accessed 5 April 2024, https://freedomhouse.org/country/fiji/freedom-world/2024[/ref]

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.[ref]”Fiji” chapter in Freedom in the World 2024, Freedom House, accessed 5 April 2024, https://freedomhouse.org/country/fiji/freedom-world/2024[/ref]

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”