Penal Code, Chapter 17.
Government of Fiji. HIV/AIDS Decree 2011.
Penal Code, Chapter 17: Grievous harm, negligent act.
Government of Fiji. HIV/AIDS Decree 2011. Deliberate or attempted infection
Penal Code (s 193) Negligent act likely to spread infection of disease dangerous to life - Any person who unlawfully or negligently does any which is, and which he knows or has reason to believe to be, likely to spread the infection of any disease dangeorus to life, is guilty of a misdemeanour.
Penal Code (s 277) Grievous harm - Any person who unlawfully and maliciously does grievous harm to another is guilty of a felony, and is liable to imprsonment for seven years, with or without corporal punishment.
Government of Fiji. HIV/AIDS Decree 2011. Deliberate or attempted infection
Section 40 (1). The deliberate or attempted infection of a person by a person who knows he or she carries HIV is an offence under this Decree.
(2). Where a person who knows he or she carries HIV virus acts in amanner which in the opinion of the Permanent Secretary may on the balance of probabilities transmit HIV to another person or persons the Permanent Secretary may seek an ex-parte injunction requiring the person to cease and desist from such behaviour.
(3). A failure by the person to cease and desist from such behaviour as in subsection (2) the person shall be liable for imprisonment for a term not less than 14 days and not more than 6 months.
The law was likely inspired by a 2008 case that created moral panic and highlighted lack of legislation.
To our knowledge there have been no prosecutions or convicitons for the transmission of HIV occuring under this law so the application of the law to alleged HIV transmission is, at present, merely theoretical.
Fiji Network of Positive People (FJN+) (no website)
Pacific Island AIDS Foundation: http://www.pacificaids.org
Colvin E (2002). Criminal responsibility under the South Pacific codes:
http://epublications.bond.edu.au/cgi/viewcontent.cgi?article=1017&contex...
HIV testing required for persons staying longer than 6 months.
Proof of yellow fever immunisation is required for those arriving from infected areas.
For updated information, please go to: www.hivrestrictions.org
Male to Male relationships: Legal
Punishments for male to male relationships: No law
Female to Female Relationships: Legal
Age of consent: Equal for heterosexuals and homosexuals
For updated information, please go to: http://ilga.org
Yes