LGBT rights in Fiji

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LGBT rights in Fiji
Same-sex sexual activity legal? Legal[1]
Discrimination protections No

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.[2]

Since February 2010, both, male and female homosexuality are legal under the Crimes Act 2010.[3] Previously, the Fijian Penal Code stated 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.[citation needed]

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".[citation needed]

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.[4]

In 2009, the Fiji Constitution was formally abolished by the President.[5][6]

In 2010, the Government decriminalised all sexual acts between persons of the same-sex by repealing the old Penal Code and replacing it with the Crimes Act 2010 (effective 1 February 2010).[7][8]

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