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Provisions related to forced marriage in the Fiji are found in the 2009 Crimes Decree, which addresses wilfully and by fraud causing a woman who is not lawfully married to a man to believe that she is lawfully married at Article 203, with a potential penalty of imprisonment for ten years. Article 205 also addresses dishonestly or with fraudulent intention going through the ceremony of marriage knowing that the marriage is unlawful, with a potential penalty of imprisonment for five years.
There appears to be no legislation in Fiji that requires consent to marriage.
There appears to be no legislation in Fiji that prohibits servile matrimonial transactions.
Although legislation in Fiji does not prohibit marriage trafficking as such, it does prohibit abduction for marriage under Article 152 of the Penal Code 1971, with a potential of imprisonment for seven years, with or without corporal punishment.
The minimum age for marriage in the Fiji is 18, without differentiation by gender, as set out on Article 12 of the 2009 Marriage Act. Wilfully and unlawfully marrying a person under the age of eighteen years, or inducing a marriage officers to solemnise a marriage when one of the party is a minor, or abetting or assisting these acts are an offence under Article 29 of the 2009 Marriage Act, with a potential penalty of a fine up to five hundred dollars or imprisonment up to two years. There are no exceptions allowing marriage below this minimum age.
Asia-Pacific
Not party to a court
Common
Article 23. Personal liberty
(1) A person must not be deprived of personal liberty except:
(a) for the purpose of executing the sentence or order of a court, whether handed down or made in Fiji or Freedom from cruel or degrading treatment.
Article 24. Freedom from servitude and forced labour
(1) A person must not be held in slavery or servitude and must not be required to perform forced labour.
(2) In this section: forced labour does not include:
(a) labour required in consequence of the sentence or order of a court;
(b) labour reasonably required of a person serving a term of imprisonment, whether or not required for the hygiene or maintenance of the prison;
(c) labour required of a member of a disciplined Force as part of his or her duties or, in the case of a person who has a conscientious objection to military service, labour that the person is required by law to perform in place of that service; or
(d) labour reasonably required as part of reasonable and normal communal or civic obligations.
Article 25. Freedom from cruel or degrading treatment
(1) Every person has the right to freedom from torture of any kind, whether physical, mental or emotional, and from cruel, inhumane, degrading or disproportionately severe treatment or punishment.
Article 33. Labour relations
(1) Workers have the right to form and join trade unions, and employers have the right form employers’ organisations. (2) Workers and employers have the right to organise and bargain collectively. (3) Every person has the right to fair labour practices, including humane treatment and proper working conditions. (4) A law may limit, or may authorise the limitation of, the rights set out in this section: (a) in the interests of national security, public safety, public order, public morality or public health; (b) for the purpose of protecting the rights and freedoms of others; or (c) for the purpose of imposing reasonable restrictions on members of a disciplined
Article 152. Abduction
Any person who, with intent to marry or carnally know a woman of any age, or to cause her to be married or carnally known by any other person, takes her away, or detains her, against her will, is guilty of a felony, and is liable to imprisonment for seven years, with or without corporal punishment.
Article 161. Detention with intent or in brothel
(1) Any person who detains any woman or girl against her will-
(a) in or upon any premises with intent that she may be unlawfully and carnally known by any man whether any particular man or generally; or
(b) in a brothel,
is guilty of a misdemeanour, and is liable to imprisonment for two years, with or without corporal punishment.
Article 162. Selling minors under the age of sixteen years for immoral purposes
(1) Any parent or any other person having the custody, charge or care of a minor under the age of sixteen years who sells, lets for hire or otherwise disposes of such minor with intent that such minor shall at any age be employed or used for the purpose of prostitution or illicit sexual intercourse with any person or for any unlawful and immoral purpose, or knowing it to be likely that such minor at any age will be employed or used for any such purpose, is guilty of a misdemeanour, and is liable to imprisonment for two years, with or without corporal punishment.
(2) When a minor under the age of sixteen years is sold, let for hire or otherwise disposed of to a common prostitute or other person of known immoral character, the parent or person so disposing of such minor shall, until the contrary is proved, be deemed to have disposed of such minor with the intent mentioned in this section.
Article 163. Buying minors under the age of sixteen years for immoral purposes
(1) Any person who buys, hires or otherwise obtains possession of any minor under the age of sixteen years with intent that such minor shall at any age be employed or used for the purpose of prostitution or illicit sexual intercourse with any person or for any unlawful and immoral purpose or knowing it to be likely that such minor at any age will be employed or used for any such purpose, is guilty of a misdemeanour, and is liable to imprisonment for two years, with or without corporal punishment.
(2) Any common prostitute or other person of known immoral character who buys, hires or otherwise obtains possession of a minor under the age of sixteen years shall, until the contrary is proved, be deemed to have obtained possession of such minor with the intent mentioned in this section.
Article 252. Kidnapping or abducting
Any person who kidnaps or abducts any person in order that such person may be subjected, or may be so disposed of as to be put in danger of being subjected, to grievous harm, or slavery, or to the unnatural lust of any person, or knowing it to be likely that such person will be so subjected or disposed of, is guilty of a felony. and is liable to imprisonment for ten years.
Article 253. Wrongfully concealing or keeping in confinement kidnapped or abducted person
Any person who, knowing that any person has been kidnapped or has been abducted, wrongfully conceals or confines such person, is guilty of a felony, and shall be punished in the same manner as if he had kidnapped or abducted such person with the same intention or knowledge, or for the same purpose, as that with or for which he conceals or detains such person in confinement.
Punishment for wrongful confinement
256. Whoever wrongfully confines any person is guilty of a misdemeanour, and is liable to imprisonment for one year or to a fine of four hundred dollars.
(1) A person (the perpetrator) commits an indictable offence if—
(a) the perpetrator exercises any or all of the powers attaching to the right of ownership over one or more persons (including the exercise of a power in the course of trafficking in persons, in particular women and children) ; and
(b) the perpetrator’s conduct is committed intentionally or knowingly as part of a widespread or systematic attack directed against a civilian population.
(2) In sub-section (1)—
“exercises any or all of the powers attaching to the right of ownership” over a person includes purchases, sells, lends or barters a person or imposes on a person a similar deprivation of liberty and also includes exercise a power arising from a debt incurred or contract made by a person.
Definitions
“threat” means—
(a) a threat of force; or
(b) a threat to cause a person’s removal from Fiji; or
(c) a threat of any other detrimental action –
unless there are reasonable grounds for the threat of that action.
Article 106 Sexual servitude offences
(1) A person—
(a) whose conduct causes another person to enter into or remain in sexual servitude; and
(b) who intends to cause, or is reckless as to causing, that sexual servitude; commits an indictable offence.
Penalty—
(i) in the case of an aggravated offence under section 108 – imprisonment for 20 years; or
(ii) in any other case – imprisonment for 15 years.
(2) A person—
(a) who conducts any business that involves the sexual servitude of other persons; and
(b) who knows about, or is reckless as to, that sexual servitude – commits an indictable offence.
Penalty—
(i) in the case of an aggravated offence under section 108 – imprisonment for 20 years; or
(ii) in any other case – imprisonment for 15 years.
(3) In this section— “conducting a business” includes—
(a) taking any part in the management of the business; or
(b) exercising control or direction over the business; or
(c) providing finance for the business
Article 107. Deceptive recruiting for sexual services
(1) A person who, with the intention of inducing another person to enter into an engagement to provide sexual services, deceives that other person about—
(a) the fact that the engagement will involve the provision of sexual services; or
(b) the nature of sexual services to be provided (for example, whether those services will require the person to have unprotected sex); or
(c) the extent to which the person will be free to leave the place or area where the person provides sexual services; or
(d) the extent to which the person will be free to cease providing sexual services; or
(e) the extent to which the person will be free to leave his or her place of residence; or
(f) if there is or will be a debt owed or claimed to be owed by the person in connection with the engagement—the quantum, or the existence, of the debt owed or claimed to be owed; or
(g) the fact that the engagement will involve exploitation, debt bondage or the confiscation of the person’s travel or identity documents; commits of an indictable offence.
Penalty—
(i) in the case of an aggravated offence under section 107 – imprisonment for 9 years; or
(ii) in any other case—imprisonment for 7 years.
(2) In determining, for the purposes of any proceedings for an offence against sub-section (1), whether a person has been deceived about any matter referred to in a paragraph of that sub-section, a court may have regard to any of the following matters—
(a) the economic relationship between the person and the alleged offender;
(b) the terms of any written or oral contract or agreement between the person and the alleged offender;
(c) the personal circumstances of the person, including but not limited to:
(i) whether the person is lawfully entitled to be in Fiji; and
(ii) the person’s ability to speak, write and understand English or the language in which the deception or inducement occurred; and
(iii) the extent of the person’s social and physical dependence on the alleged offender.
(3) Sub-section (2) does not—
(a) prevent the leading of any other evidence in proceedings for an offence against sub-section (1); or
(b) limit the manner in which evidence may be adduced or the admissibility of evidence.
(4) In this section— “deceive” has the same meaning as in section 111. “sexual service” means the commercial use or display of the body of the person providing the service for the sexual gratification of others
Article 112. Offence of trafficking in persons
(1) A person (the first person) commits an indictable offence of trafficking in persons if—
(a) the first person organises or facilitates the entry or proposed entry, or the receipt, of another person into Fiji; and
(b) the first person uses force or threats; and
(c) that use of force or threats results in the first person obtaining the other person’s compliance in respect of that entry or proposed entry or in respect of that receipt.
Penalty — Imprisonment for 12 years.
(2) A person (the first person) commits an indictable offence of trafficking in persons if—
(a) the first person organises or facilitates the exit or proposed exit of another person from Fiji; and
(b) the first person uses force or threats; and
(c) that use of force or threats results in the first person obtaining the other person’s compliance in respect of that exit or proposed exit.
Penalty — Imprisonment for 12 years.
(3) A person (the first person) commits an indictable offence of trafficking in persons if—
(a) the first person organises or facilitates the entry or proposed entry, or the receipt, of another person into Fiji; and
(b) in organising or facilitating that entry or proposed entry, or that receipt, the first person is reckless as to whether the other person will be exploited, either by the first person or another, after that entry or receipt.
Penalty — Imprisonment for 12 years.
(4) A person (the first person) commits an indictable offence of trafficking in persons if—
(a) the first person organises or facilitates the exit or proposed exit of another person from Fiji; and (b) in organising or facilitating that exit or proposed exit, the first person is reckless as to whether the other person will be exploited, either by the first person or another, after that exit.
Penalty — Imprisonment for 12 years.
(5) A person (the first person) commits an indictable offence of trafficking in persons if—
(a) the first person organises or facilitates the entry or proposed entry, or the receipt, of another person into Fiji; and
(b) the first person deceives the other person about the fact that the other person’s entry or proposed entry, the other person’s receipt or any arrangements for the other person’s stay in Fiji, will involve the provision by the other person of sexual services or will involve the other person’s exploitation or debt bondage or the confiscation of the other person’s travel or identity documents.
Penalty — Imprisonment for 12 years.
(6) A person (the first person) commits an indictable offence of trafficking in persons if—
(a) the first person organises or facilitates the exit or proposed exit of another person from Fiji; and
(b) the first person deceives the other person about the fact that the other person’s exit or proposed exit is for purposes that involve the provision by the other person of sexual services outside Fiji or will involve the other person’s exploitation or debt bondage or the confiscation of the other person’s travel or identity documents.
Penalty — Imprisonment for 12 years.
(7) A person (the first person) commits an offence of trafficking in persons if—
(a) the first person organises or facilitates the entry or proposed entry, or the receipt, of another person into Fiji; and
(b) there is an arrangement for the other person to provide sexual services in Fiji; and
(c) the first person deceives the other person about any of the following:
(i) the nature of the sexual services to be provided;
(ii) the extent to which the other person will be free to leave the place or area where the other person provides sexual services;
(iii) the extent to which the other person will be free to cease providing sexual services;
(iv) the extent to which the other person will be free to leave his or her place of residence;
(v) if there is a debt owed or claimed to be owed by the other person in connection with the arrangement for the other person to provide sexual services—the quantum, or the existence, of the debt owed or claimed to be owed.
Penalty — Imprisonment for 12 years.
(8) A person (the first person) commits an indictable offence of trafficking in persons if—
(a) the first person organises or facilitates the exit or proposed exit of another person from Fiji; and
(b) there is an arrangement for the other person to provide sexual services outside Fiji; and
(c) the first person deceives the other person about any of the following:
(i) the nature of the sexual services to be provided;
(ii) the extent to which the other person will be free to leave the place or area where the other person provides sexual services;
(iii) the extent to which the other person will be free to cease providing sexual services;
(iv) the extent to which the other person will be free to leave his or her place of residence;
(v) if there is a debt owed or claimed to be owed by the other person in connection with the arrangement for the other person to provide sexual services – the quantum, or the existence, of the debt owed or claimed to be owed.
Penalty -Imprisonment for 12 years.
(9) Absolute liability applies to sub-sections (1)(c) and (2)(c).
Article 113. Aggravated offence of trafficking in persons
(1) A person (the first person) commits an aggravated offence of trafficking in persons if the first person commits the offence of trafficking in persons in relation to another person (the victim) and any of the following applies—
(a) the first person commits the offence intending that the victim will be exploited, either by the first person or another:
(i) if the offence of trafficking in persons is an offence against sub-section 112(1), (3), (5) or (7)
– after entry into Fiji; and
(ii) if the offence of trafficking in persons is an offence against sub-section 112(2), (4), (6) or (8)
– after exit from Fiji;
(b) the first person, in committing the offence, subjects the victim to cruel, inhuman or degrading treatment;
(c) the first person, in committing the offence—
(i) engages in conduct that gives rise to a danger of death or serious harm to the victim; and
(ii) is reckless as to that danger.
Penalty — Imprisonment for 20 years.
(2) If, on a trial for an offence against this section, the court is not satisfied that the defendant is guilty of the aggravated offence, but is satisfied that he or she is guilty of an offence against section 115, it may find the defendant not guilty of the aggravated offence but guilty of an offence against that section.
Article 114. Offence of trafficking in children
(1) A person (the first person) commits an indictable offence of trafficking in children if—
(a) the first person organises or facilitates the entry or proposed entry into Fiji, or the receipt in Fiji, of another person; and
(b) the other person is under the age of 18; and
(c) in organising or facilitating that entry or proposed entry, or that receipt, the first person –
(i) intends that the other person will be used to provide sexual services or will be otherwise exploited, either by the first person or another, after that entry or receipt; or
(ii) is reckless as to whether the other person will be used to provide sexual services or will be otherwise exploited, either by the first person or another, after that entry or receipt.
Penalty — Imprisonment for 25 years.
(2) A person (the first person) commits an indictable offence of trafficking in children if —
(a) the first person organises or facilitates the exit or proposed exit from Fiji of another person; and
(b) the other person is under the age of 18; and
(c) in organising or facilitating that exit or proposed exit, the first person:
(i) intends that the other person will be used to provide sexual services or will be otherwise exploited, either by the first person or another, after that exit; or
(ii) is reckless as to whether the other person will be used to provide sexual services or will be otherwise exploited, either by the first person or another, after that exit.
Penalty — Imprisonment for 25 years.
(3) In this section—
“sexual service” means the use or display of the body of the person providing the service for the sexual gratification of others.
Article 115. Offence of domestic trafficking in persons
(1) A person (the first person) commits an indictable offence of domestic trafficking in persons if—
(a) the first person organises or facilitates the transportation or proposed transportation of another person from one place in Fiji to another place in Fiji; and
(b) the first person uses force or threats; and
(c) that use of force or threats results in the first person obtaining the other person’s compliance in respect of that transportation or proposed transportation.
Penalty — Imprisonment for 12 years.
(2) A person (the first person) commits an indictable offence of domestic trafficking in persons if—
(a) the first person organises or facilitates the transportation or proposed transportation of another person from one place in Fiji to another place in Fiji; and
(b) in organising or facilitating that transportation or proposed transportation, the first person is reckless as to whether the other person will be exploited, either by the first person or another, after that transportation.
Penalty — Imprisonment for 12 years.
(3) A person (the first person) commits an indictable offence of domestic trafficking in persons if—
(a) the first person organises or facilitates the transportation of another person from one place in Fiji to another place in Fiji; and
(b) the first person deceives the other person about the fact that the transportation, or any arrangements the first person has made for the other person following the transportation, will involve the provision by the other person of sexual services or will involve the other person’s exploitation or debt bondage or the confiscation of the other person’s travel or identity documents.
Penalty — Imprisonment for 12 years.
(4) A person (the first person) commits an indictable offence of domestic trafficking in persons if—
(a) the first person organises or facilitates the transportation of another person from one place in Fiji to another place in Fiji; and
(b) there is an arrangement for the other person to provide sexual services; and
(c) the first person deceives the other person about any of the following—
(i) the nature of the sexual services to be provided;
(ii) the extent to which the other person will be free to leave the place or area where the other person provides sexual services;
(iii) the extent to which the other person will be free to cease providing sexual services;
(iv) the extent to which the other person will be free to leave his or her place of residence;
(v) if there is a debt owed or claimed to be owed by the other person in connection with the arrangement for the other person to provide sexual services—the quantum, or the existence, of the debt owed or claimed to be owed.
Penalty — Imprisonment for 12 years.
Article 116. Aggravated offence of domestic trafficking in persons
(1) A person (the first person) commits an aggravated offence of domestic trafficking in persons if the first person commits the offence of domestic trafficking in persons in relation to another person (the victim) and any of the following applies—
(a) the first person commits the offence intending that the victim will be exploited, either by the first person or by another, after arrival at the place to which the person has been transported;
(b) the first person, in committing the offence, subjects the victim to cruel, inhuman or degrading treatment;
(c) the first person, in committing the offence—
(i) engages in conduct that gives rise to a danger of death or serious harm to the victim; and
(ii) is reckless as to that danger.
Penalty — Imprisonment for 20 years.
(2) The offence in sub-section (1) is an indictable offence.
(3) If, on a trial for an offence against this section, the court is not satisfied that the defendant is guilty of the aggravated offence, but is satisfied that he or she is guilty of an offence against section 115, it may find the defendant not guilty of the aggravated offence, but guilty of an offence against that section.
Article 117. Offence of domestic trafficking in children
(1) A person commits an indictable offence of domestic trafficking in children if—
(a) the first‑mentioned person organises or facilitates the transportation of another person from one place in Fiji to another place in Fiji; and
(b) the other person is under the age of 18; and
(c) in organising or facilitating that transportation, the first‑mentioned person:
(i) intends that the other person will be used to provide sexual services or will be otherwise exploited, either by the first‑mentioned person or another, during or following the transportation to that other place; or
(ii) is reckless as to whether the other person will be used to provide sexual services or will be otherwise exploited, either by the first‑mentioned person or another, during or following the transportation to that other place.
Penalty — Imprisonment for 25 years.
(2) In this section—
“sexual service” means the use or display of the body of the person providing the service for the sexual gratification of others.
Article 118. Offence of debt bondage
(1) A person commits a summary offence of debt bondage if—
(a) the person engages in conduct that causes another person to enter into debt bondage; and
(b) the person intends to cause the other person to enter into debt bondage.
Penalty — Imprisonment for 12 months.
(2) In determining, for the purposes of any proceedings for an offence against sub-section (1), whether a person (the first person) has caused another person (the second person) to enter into debt bondage, a court may have regard to any of the following matters—
(a) the economic relationship between the first person and the second person;
(b) the terms of any written or oral contract or agreement between the second person and another person (whether or not the first person);
(c) the personal circumstances of the second person, including but not limited to—
(i) whether the second person is lawfully entitled to be in Fiji; and
(ii) the second person’s ability to speak, write and understand English or the language in which the deception or inducement occurred; and
(iii) the extent of the second person’s social and physical dependence on the first person.
(3) Sub-section (2) does not—
(a) prevent the leading of any other evidence in proceedings for an offence against sub-section (1); or
(b) limit the manner in which evidence may be adduced or the admissibility of evidence.
Article 119. Offence of aggravated debt bondage
(1) A person commits an offence of aggravated debt bondage if the person commits an offence of debt bondage in relation to another person (the victim) and the victim is under 18.
Penalty — Imprisonment for 2 years.
(2) In order to prove an offence of aggravated debt bondage, the prosecution must prove that the defendant intended to commit, or was reckless as to committing, the offence against a person under that age.
(3) If, on a trial for an offence against this section, the court is not satisfied that the defendant is guilty of the aggravated offence, but is satisfied that he or she is guilty of an offence against section 118, it may find the defendant not guilty of the aggravated offence but guilty of an offence against that section.
Article 226 Selling minors under the age of 18 years for immoral purposes
(1) A parent or any other person having the custody, charge or care of a minor under the age of 18 years commits an indictable offence (which is triable summarily) if he or she sells, lets for hire or otherwise disposes of such minor with intent that the minor shall at any age be employed or used for the purpose of—
(a) prostitution; or
(b) illicit sexual intercourse with any person; or (c) for any unlawful and immoral purpose— or knowing it to be likely that such minor at any age will be employed or used for any such purpose Penalty — Imprisonment for 12 years.
(2) When a minor under the age of 18 years is sold, let for hire or otherwise disposed of to a common prostitute or other person of known immoral character, the parent or person so disposing of the minor shall, until the contrary is proved, be deemed to have disposed of the minor with the intent mentioned in this section.
Article 227. Buying minors under the age of 18 years for immoral purposes
(1) A person commits an indictable offence (which is triable summarily) if he or she buys, hires or otherwise obtains possession of any minor under the age of 18 years with intent that the minor shall at any age be employed or used for the purpose of—
(a) prostitution; or
(b) illicit sexual intercourse with any person; or
(c) for any unlawful and immoral purpose or knowing it to be likely that the minor at any age will be employed or used for any such purpose Penalty — Imprisonment for 12 years,
(2) Any common prostitute or other person of known immoral character who buys, hires or otherwise obtains possession of a minor under the age of 18 years shall, until the contrary is proved, be deemed to have obtained possession of the minor with the intent mentioned in this section.
Article 17. Interpretation
(1) In this Part, unless the context otherwise requires-
…
“exploitation” includes forced labour or services, slavery or practices similar to slavery, servitude, removal of organs, sexual servitude, exploitation of another person’s prostitution or any other form of exploitation whether sexual or otherwise;
“trafficking in persons” means the recruitment, transportation, transfer, harbouring or receipt of a person for the purposes of exploitation;
“unlawful means” means any of the following means- (a) threat; (b) use of force or other forms of coercion; (c) abduction; (d) fraud; (e) deception; (f) abuse of power or of a position of vulnerability; (g) giving or receiving payments or benefits to achieve the consent of a person having control over another person
Article 19. Offence of trafficking in persons
A person who engages in trafficking in a person knowing that the persons entry into the Fiji Islands or any other state was arranged by unlawful means commits an offence.
Article 20. Offence of trafficking in children
A person who engages in trafficking in a person who is a child regardless of whether the child’s entry into the Fiji Islands or any other state was arranged by unlawful means commits an offence.
Article 22. Consent of trafficked persons
For sections 19, 20 and 21, it is not a defence- (a) that the trafficked person or unlawful employee consented; or (b) that the person charged believed consent was given.
Article 27. Aiding, abetting, etc
(1) A person who intentionally aids, abets, counsels or procures the commission of an offence under this Part by another person is taken to have committed the offence and is punishable as if the offence had been committed by that person.
(2) A person does not commit an offence of aiding, abetting, counselling or procuring the commission of an offence if, before the offence was committed, the person
(a) terminated that persons involvement; and
(b) took all reasonable steps to prevent the commission of the offence.
Article 28. Incitement to commit an offence
(1) A person who intentionally urges or incites the commission of an offence under this Part commits an offence.
(2) A person commits an offence under subsection (1) even if committing the offence incited is impossible.
Article 29. Conspiring to commit an offence
(1) A person who conspires with another person to commit an offence under this Part commits the offence of conspiracy to commit that offence and is punishable as if the offence to which the conspiracy relates had been committed.
(2) A person does not commit the offence of conspiracy if, before the taking of action under the agreement, the person-
(a) withdrew from the agreement; and
(b) took all reasonable steps to prevent the commission of the offence.
(3) A person does not commit the offence of conspiracy if-
(a) all other parties to the agreement have been acquitted of the conspiracy and a finding of guilt would be inconsistent with their acquittal; or
(b) that person is a person for whose benefit or protection the offence exists.
Article 30. Attempting to commit an offence
A person who attempts to commit an offence under this Part commits the offence of attempting to commit that offence and is punishable as if the offence attempted had been committed, provided that the persons conduct is more than merely preparatory to the commission of the offence.
Article 12. Marriageable age
Any person may contract a valid marriage under the provisions of this Act if such person is, in the case of a male, of the age of eighteen years or upwards, or, in the case of a female, of the age of sixteen years or upwards.
Article 13. Consent in case of minors
(1) If either of the parties to a proposed marriage is under the age of twenty-one years, such marriage shall not be performed without the prior consent of-
(a) the father of such party; or
(b) in the event of the father being dead or out of Fiji, the mother of such party; or
(c) in the event of neither of the parents being alive or in Fiji, or if the father or the mother, as the case may be, refuses or withholds such consent or is from any other cause incapable or unable to give such consent, a Commissioner or a magistrate.
(2) Any applications under the provisions of paragraph (c) of subsection (1) shall be made on the prescribed form to a Commissioner or magistrate who shall make inquiry on oath as to the facts and circumstances of the case and, if the Commissioner or magistrate is satisfied that there is no parent alive or in Fiji or that the parent whose consent would otherwise be required has refused such consent unreasonably or is incapable or unable to give such consent, he may give the required consent in the manner prescribed.
(3) Where a Commissioner or a magistrate gives his consent to the marriage of a minor, such consent shall operate for the purposes of this Act, as the consent of the parent whose consent would otherwise have been required.
(4) For the purposes of this section “father” in relation to an illegitimate child, means the person who, in connexion with the registration of such child, has acknowledged paternity.
Article 14. Consent to be attested
Every consent to the marriage of a minor given under the provisions of paragraphs (a) or (b) of subsection (1) of section 13 shall be given in the prescribed form and shall be attested by the Registrar-General or a district registrar or other marriage officer.
Article 31. Penalty for marrying minors without consent
Every person who wilfully and unlawfully marries a person under the age of twenty-one years, not having been previously married, without having previously obtained such consent to the marriage as is required by this Act, or who induces or endeavours to induce any marriage officer or other person to solemnize marriage between parties one of whom he or she knows to be under age without such consent, and every person who abets or assists the offender in any such act or endeavour knowing the same to be illegal, shall severally be guilty of an offence and shall be liable on conviction to a fine not exceeding two hundred dollars or to imprisonment for a term not exceeding two years.
Article 59. Employment of children under twelve years of age
(1) No child under the age of twelve years shall be employed in any capacity whatsoever:
Provided that the provisions of this section shall not apply to any such child employed in light work suitable to his capacity in an agricultural undertaking which is owned and operated by the family of which he is a member,
(2) Any person who employs any child under the age of twelve years in contravention of the provisions of subsection (1) shall commit an offence against this Act.
Article 60. Employment of children
(1) A child shall be employed only—
(2) Any person who employs a child in contravention of any of the provisions of subsection (1) shall commit an offence against this Act.
Article 61. Restriction on employment of children and young persons
(1) No child or young person shall be employed in any employment which in the opinion of the proper authority is injurious to health, dangerous, or is otherwise unsuitable.
(2) No person shall, after being notified in writing by the proper authority that the kind of work upon which a child or young person is employed is injurious to his health, dangerous, or otherwise unsuitable, continue so to employ him. Such notification may be made generally or in any particular case.
(3) Where any employment is discontinued under the provisions of subsection (2), such discontinuance shall be without prejudice to the right of the child or young person to be paid such wages as he may have earned up to the date of such discontinuance under the terms of the contract of service.
(4) Any person who employs any child or young person in any employment which is injurious to health, dangerous, or is otherwise unsuitable, or who continues to employ any young person in any work concerning which he has been notified by the proper authority that it is injurious to health, dangerous, or otherwise unsuitable, shall commit an offence against this Act.
Article 62. Children and young persons not to be employed against the wishes of parent or guardian
(1) No employer shall continue to employ any child or young person after receiving notice, either orally or in writing, from the parent, guardian or proper authority, that the child or young person is employed against the wishes of such parent or guardian.
(2) Any employer who continues to employ any child or young person after receiving such notice shall commit an offence against this Act.
Article 73. Offences by parents and guardians
Any parent or guardian of a child or young person who permits such child or young person to be employed in contravention of any of the provisions of this Part shall commit an offence against this Act.
False statements, etc. with reference to marriage
(b) knowingly and wilfully makes or knowingly and wilfully causes to be made for the purpose of being inserted in any register of marriage a false statement as to any particular required by law to be known and registered relating to any marriage; or
(c) forbids the issue of any certificate or licence for marriage by falsely representing himself to be a person whose consent to the marriage is required by law knowing such representation to be false, is guilty of a misdemeanour, and is liable to imprisonment for seven years.
Article 152. Abduction
Any person who, with intent to marry or carnally know a woman of any age, or to cause her to be married or carnally known by any other person, takes her away, or detains her, against her will, is guilty of a felony, and is liable to imprisonment for seven years, with or without corporal punishment.
Fraudulent pretence of marriage
Marriage ceremony fraudulently gone through without lawful marriage
Forging registers of births, baptisms, marriages, deaths or burials
340. Any person who knowingly and wilfully inserts, or causes or permits to be inserted, in any copy of any register directed or required by law to be transmitted to any registrar or other officer any false entry of any matter relating to any baptism, birth, marriage, or burial, or knowingly and wilfully signs or verifies any copy of any register so directed or required to be transmitted as aforesaid, which copy is false in any part thereof, knowing the same to be false, or for any fraudulent purpose takes from its place of deposit or conceals, any such copy of any register, is guilty of a felony, and is liable to imprisonment for life.
Fiji Penal Code 1945-English-PDF.
False statements, etc. with reference to marriage
(a) for the purpose of procuring a marriage or a certificate or licence for marriage knowingly and wilfully makes a false oath or makes or signs a false declaration, notice or certificate required under any Act for the time being in force relating to marriage; or
(b) knowingly and wilfully makes or knowingly and wilfully causes to be made for the purpose of being inserted in any register of marriage a false statement as to any particular required by law to be known and registered relating to any marriage; or
(c) forbids the issue of any certificate or licence for marriage by falsely representing himself to be a person whose consent to the marriage is required by law knowing such representation to be false.
Penalty — Imprisonment for 7 years.
Fraudulent pretence of marriage
Penalty — Imprisonment for 10 years.
Marriage ceremony fraudulently gone through without lawful marriage
Penalty — Imprisonment for 5 years.
Abduction of person under 18 years of age with intent to have carnal knowledge
211.—(1) A person commits a summary offence if he or she, with intent that any unmarried person under the age of 18 years shall be unlawfully and carnally known by any person (whether such carnal knowledge is intended to be with any particular person or generally), takes or causes to be taken the person out of the possession and against the will of his or her father or mother, guardian or any other person having the lawful care or charge of the person under 18 years.
Penalty — Imprisonment for 5 years
Interpretation
…
“minor” means a person under the age of twentyone years.
Article 12. Marriageable age
Any person may contract a valid marriage under the provisions of this Act if such person is, in the case of a male, of the age of eighteen years or upwards, or, in the case of a female, of the age of sixteen years or upwards.
Article 13. Consent in case of minors
(1) If either of the parties to a proposed marriage is under the age of twenty-one years, such marriage shall not be performed without the prior consent of-
(a) the father of such party; or
(b) in the event of the father being dead or out of Fiji, the mother of such party; or
(c) in the event of neither of the parents being alive or in Fiji, or if the father or the mother, as the case may be, refuses or withholds such consent or is from any other cause incapable or unable to give such consent, a Commissioner or a magistrate.
(2) Any applications under the provisions of paragraph (c) of subsection (1) shall be made on the prescribed form to a Commissioner or magistrate who shall make inquiry on oath as to the facts and circumstances of the case and, if the Commissioner or magistrate is satisfied that there is no parent alive or in Fiji or that the parent whose consent would otherwise be required has refused such consent unreasonably or is incapable or unable to give such consent, he may give the required consent in the manner prescribed.
(3) Where a Commissioner or a magistrate gives his consent to the marriage of a minor, such consent shall operate for the purposes of this Act, as the consent of the parent whose consent would otherwise have been required.
(4) For the purposes of this section “father” in relation to an illegitimate child, means the person who, in connexion with the registration of such child, has acknowledged paternity.
Article 14. Consent to be attested
Every consent to the marriage of a minor given under the provisions of paragraphs (a) or (b) of subsection (1) of section 13 shall be given in the prescribed form and shall be attested by the Registrar-General or a district registrar or other marriage officer.
Persons pretending to be ministers
Article 31. Penalty for marrying minors without consent
Every person who wilfully and unlawfully marries a person under the age of twenty-one years, not having been previously married, without having previously obtained such consent to the marriage as is required by this Act, or who induces or endeavours to induce any marriage officer or other person to solemnize marriage between parties one of whom he or she knows to be under age without such consent, and every person who abets or assists the offender in any such act or endeavour knowing the same to be illegal, shall severally be guilty of an offence and shall be liable on conviction to a fine not exceeding two hundred dollars or to imprisonment for a term not exceeding two years.
Falsely pretending to be a marriage officer
Marriage in articulo mortis
(2) No marriage under the provisions of subsection (1) shall be celebrated unless(a) both parties are able to signify their consent thereto and affix their signatures or marks to the certificate of marriage in the presence of two witnesses, both of whom shall mark or sign the certificate;
and
(b) when the intended parties are under the age of twenty one years, the father or mother or other person required to give consent under this Act, has authorized the marriage in writing or given his or her consent thereto by signing or marking the certificate of marriage.
(3) It shall be the duty of any marriage officer solemnizing a marriage under the provisions of this section forthwith to forward the marriage certificate referred to in subsection (2) to the Registrar General or a district registrar, as the case may be.
Section 2 amended
Section 12 amended
“12. Any person may contract a valid marriage under the provisions of this Act, if such person is of the age of eighteen years or upwards.”
Sections 13 and 14 repealed
Section 31 amended
“Penalty for marrying a minor
(a) willfully and unlawfully marries a person under the age of eighteen years; or
(b) induces or endeavours to induce any marriage officer or other person to solemnize marriage between parties when the person so acting knows that one of the parties to the marriage is a minor; or
(c) abets or assists the principal offender in any such act or endeavour as is described in paragraphs (a) and (b), knowing that a party to the marriage or intended marriage is a minor,
shall be guilty of an offence and liable on conviction to a fine not exceeding five hundred dollars or to imprisonment for a term not exceeding two years.”
Section 39 amended
(a) deleting “39.” at the beginning and substituting “37.”; and
(b) in subsection (2) by—
(i) deleting “ – (a)” after “unless”;
(ii) deleting “; and” at the end of paragraph (a) and substituting a full stop; and
(iii) deleting the whole of paragraph (b).