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Homosexuality has been decriminalised by the Crime Decree which came into effect at the beginning of the month.

Former High Court judge Nazhat Shameem has clarified that unlike the Criminal Penal Code which had sentences and punishment set aside for sodomy and unnatural offences, there were no such provisions in the Crime Decree.

"So what has happened is that homosexuality has been decriminalised making people of the same sex to engage in sexual practices as long as both parties are consenting to it," Ms Shameem said.

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In April 2005, Australian Thomas McCosker and Fijian Dhirendra Nadan were sentenced to two years jail under Fiji's sodomy legislation. At the trial, magistrate Syed Muhktar Shah said their behaviour "would make any decent person vomit".

Four months later, the pair were acquitted on appeal, as the Fiji High Court ruled that individuals conducting homosexual acts in private were protected by the constitution.

Suva resident Tony, 25, who prefers not to use his real name due to the emergency decrees, said this case was unusual because such prosecutions are uncommon in Fiji.

While there is no evidence to suggest a direct link, the following year there was an unofficial policy announcement that men would not be arrested for consensual gay sex. However, the Government made no official legislative changes - the British sodomy law remains on statute outlawing both private and public sodomy acts.

Former Prime Minister Laisenia Qarase was cited in 2005 as saying the Bible stated homosexuality was a sin and the Fiji law reflected that.

Tony believes there is a lack of understanding around diversity.

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