The constitution establishes a secular state and protects freedom of religion, conscience, and belief. The government may limit these rights by law to protect the freedoms of others, or for reasons of public safety, order, morality, health, or nuisance. The constitution mandates separation of religion and state. Citizens have the right, either individually or collectively, in public and private, to manifest their religion or beliefs in worship, observance, practice, or teaching. The constitution prohibits discrimination based on religious affiliation, and laws make inciting hatred or “disaffection” against religious groups a criminal offense. The constitution provides that individuals may not assert religious belief as a reason for disobeying the law. The constitution places limits on proselytizing on government premises and at government functions. Sacrilege is outlawed and is defined as committing any crime within a place of worship after breaking and entering or before exiting with force or intentionally committing any act of disrespect in a place of worship. Penalties may include up to 14 years’ imprisonment.
By law, religious groups must register with the government through trustees, who may then hold land or property for the groups. To register, religious bodies must submit applications to the registrar of titles office. Applications must include the names and identification of the trustees signed by the head of the religious body to be registered, a copy of the constitution of the proposed religious body, title documents for the land used by the religious body, and a registration fee of 2.30 Fiji dollars ($1). Registered religious bodies may receive an exemption from taxes after approval from the national tax agency, on the condition they operate in a nonprofit and noncompetitive capacity. By law, religious bodies that hold land or property must register their houses of worship, including their land, and show proof of title. There is no mention in the law of religious organizations that do not hold land.
Permits are required for any public meeting on public property organized by religious groups with the exception of regular religious services in houses of worship.
There is no required religious instruction under the law. Private or religious groups sometimes own or manage school properties, but the Ministry of Education administers and regulates the curriculum. The law allows religious groups the right to establish, maintain, and manage places of education, whether or not they receive financial assistance from the state, provided the institution maintains educational standards prescribed by law. The law permits noncompulsory religious instruction in all schools, enabling schools owned and operated by various religious denominations but receiving government support to offer religious instruction. Schools may incorporate religious elements, such as class prayer, as long as they do not force teachers to participate and students may be excused if their parents request it. The government provides funding and education assistance to public schools, including schools owned and operated by religious organizations, on a per-pupil basis. Some schools maintain their religious and/or ethnic origin but must remain open to all students. According to the law, the government ensures free tuition for primary and secondary schools.
The country is a party to the International Covenant on Civil and Political Rights.
In August, Prime Minister Bainimarama ordered state broadcaster Fiji Broadcasting Corporation (FBC) to refrain from airing an interview with the leader of the Lotu-Vanua. According to media reports, the Prime Minister said the broadcast would confuse religious groups in the country and the general public, since Lotu-Vanua was not an organized religion and the public might believe group leader Timoci Nacola’s stated beliefs, such as that Jesus Christ was born in Fiji. The FBC did not broadcast the interview, but the company’s chief executive said that was due to the controversial material and not the Prime Minister’s comments, according to media reports. While the Pacific Council of Churches criticized the Prime Minister, stating his “interference was authoritarian” and stifled freedom of expression, other Christians, including some Methodists, supported Bainimarama’s actions and criticized the interviews overall, specifically Nacola’s comments against the Bible and Christian practices, such as tithe collection. Earlier, two other television companies, Fiji Village and Mai TV, aired similar interviews with Nacola and representatives of two Christian groups, the Christian Methodist Fellowship Church and the New Methodist Church.
On November 10, Hindu religious leaders and the Fiji Human Rights and Antidiscrimination Commission condemned comments made on social media by Lynda Tabuya, an MP from the opposition Social Democratic Liberal Party, in which she said that Diwali “should not be celebrated on a Sunday because it was a quiet day of rest for Christians.” Tabuya later deleted the Facebook comments, which were widely criticized, and issued a public apology.
Prime Minister Bainimarama, other cabinet ministers, and members of parliament continued to emphasize religious tolerance during public addresses. According to media reports of his address to the nation on October 30 for the Prophet Muhammed’s birthday, the Prime Minister said, “No person has a God-given superiority over another.” In November, Attorney General Aiyaz Sayed-Khaiyum emphasized that religious freedom is guaranteed in the constitution, which also allows all faiths the space to practice their religion.
A decision on an appeal against the 2018 acquittal of three staff members of the Fiji Times on sedition charges remained pending at year’s end. The three, which included the editor in chief, were charged for the 2016 publication of a letter to the Fiji Times’ indigenous-language newspaper Nai Lalakai that the government characterized as antagonistic toward the country’s Muslim community.