| For a summary of Fiji’s review at the first cycle please click here. |
20th UPR session
Date of review: 29 October 2014
Date of report adoption: 17 December 2014
Document number: A/HRC/28/8
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SUMMARY SOGIESC issues during Fiji’s 2nd UPR review |
I. SOGIESC issues/recommendations identified by NGOs
Equality and non-discrimination
14. ICAAD alleged that antagonism against LGBTIQ groups persisted as law officials revoked a permit for a march in May 2012 and that discrimination persisted with reported homophobic bullying in schools. While the 2013 Constitution prohibited discrimination based on sexual orientation in employment, there were no such protections in other areas of social and political life. Furthermore, since 2002, the Marriage Act expressly prohibited same-sex marriage. ICAAD recommended that Fiji strengthen legislative protections against discrimination based on sexual orientation.
II. Excerpts on SOGIESC issues from the national report
53. A permit was granted in May 2014 to celebrate the International Day against Homophobia and Transphobia (IDAHOT).
118. Whilst guaranteeing freedom of expression and thought, opinion and publication, the Constitution explicitly prohibits any speech, opinions or expressions, that tantamount to propaganda of war; incitement of violence or insurrection against the Constitution or advocates hatred or discrimination against a person’s actual or supposed personal characteristics including race, culture, ethnic or social origin, sex, gender, sexual orientation and gender identity, language, economic, social or health status, disability, age, and/or religion.
121. Since its establishment, MIDA has called for balanced, accurate and evidence based responsible reporting. MIDA has investigated, amongst others, news reports giving unfettered prominence to hate speech, inaccurate and anachronistic accounts on political developments in Fiji, and media advertising demeaning those with indeterminate sexual orientation.
III. Excerpts on SOGIESC issues by UN agencies
19. UNCT reported that, in early 2010, Fiji had removed “sodomy” and “unnatural acts” from the Crimes Decree, resulting in the decriminalization of consensual same-sex relationships.
38. UNCT noted that POAD required permits for public gatherings, and allowed the Government to refuse applications for permits for marches and meetings and to regulate the use of any public place by three or more persons. […] The withdrawal by the authorities of a permit for a march in Suva in 2012 to commemorate International Day Against Homophobia and Transphobia had reportedly raised questions about the human rights enjoyed by the lesbian, gay, bisexual, transgender and intersex community and individuals in Fiji. […] In 2013, the Special Rapporteur on the rights to freedom of peaceful assembly and of association again urged the authorities to ensure that no individual was criminalized for the peaceful exercise of his fundamental freedoms.
IV. References to SOGIESC issues during the Working Group review
69. Fiji shared the concerns that had been voiced about the fact that repressive laws could severely restrict press freedom. […] While guaranteeing freedom of speech, expression, thought, opinion and of the press, the Constitution explicitly prohibited any speech, opinion or expression that was tantamount to war propaganda, incitement to violence or insurrection against the Constitution, or advocated hatred based on any of the prohibited grounds of discrimination, which included race, culture, ethnic or social origin, sex, gender, sexual orientation and gender identity, language, economic, social or health status, disability, age and religion. Those limitations were also in line with general recommendation No. 35 of the Committee on the Elimination of Racial Discrimination on combating racist hate speech.
V. Conclusions and/or recommendations
Fiji accepted the following recommendations:
99.51 Take concrete measures to end discrimination and counter stigmatization of marginalized groups, including minorities and lesbian, gay, bisexual, transgender and intersex persons (Germany);
100.2 Transpose these international instruments, the International Covenant on Civil and Political Rights and its first Optional Protocol, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and its Optional Protocol, the Convention on the Elimination of All Forms of Discrimination against Women, into domestic law strengthening among others legislative protection from gender violence and all forms of discrimination, particularly against women, children and on the ground of sexual orientation (Chile).
VI. Further information
You will find all documents relating to Fiji’s second review at UPR-Info and OHCHR’s websites.