Law

1. Citizenship Law

a. Jus Soli and Jus Sanguinis Provisions

Citizenship in Fiji can be acquired through birth, registration, or naturalization. Fiji’s citizenship laws follow a limited jus soli structure, where children born in Fiji are automatically considered citizens at birth if at least one parent is a citizen of Fiji, and neither parent is a foreign diplomat. Children born outside Fiji can register for citizenship if either parent is a citizen of Fiji, based on jus sanguinis provisions. The registration process is also open to children under 18 whose parent became a citizen. Foundlings are presumed to have been born in Fiji unless proven otherwise. Fiji’s 2013 Constitution includes a provision mandating provisions to prevent statelessness, although the country’s national legislation lacks a clear definition of a stateless person.

b. Naturalized Citizenship

The naturalization process in Fiji has specific eligibility criteria, such as being lawfully present in Fiji for at least five out of the 10 years preceding the application, possessing good character, and intending to continue residing in Fiji. A fee is also required for the naturalization application. However, stateless persons are not permitted to enter or reside in Fiji, making them ineligible for naturalization. There is no streamlined or expedited process for stateless individuals or refugees. Applicants going through any citizenship-related application, including naturalization or registration, have the right to appeal a negative decision within 14 days of receiving the decision notification.

c. Dual Citizenship

Dual citizenship is recognized by Fiji.

2. Treaty Ratification Status

Fiji has one of the highest rates of treaty accession in the entire Asia Pacific region and is one of only six states in the Asia-Pacific that are party to the 1954 Statelessness Convention. The only relevant treaty body which Fiji has yet to ratify is the 1961 Convention on the Reduction of Statelessness. Fiji made no relevant reservations on the treaties it has ratified.

In 2014, concluding observations by the CRC Committee expressed concerns regarding the requirement of fees in birth registration, including additional late fees as well as the decline in birth registration in remote islands. It was recommended that Fiji implement an awareness raising campaign on the importance of birth registration in remote areas as well as remove all fees related to registering births. As a party to the CRC, Fiji is bound to ensure that every birth is registered immediately. Under this treaty, it is also responsible for ensuring that no child is left stateless in its territory. However, the national legislation needs improvement to ensure protections for children born to stateless and/or foreign parents in the territory.

Ratification of International laws relating to statelessness by the countries the Pacific

Country	Stateless 1	Stateless 2	Refugee	ICCPR	ICESCR	ICERD	CRC	CEDAW
Fiji

Signifies that the country is a party to the convention

Stateless 1 – 1954 Convention relating to the Status of Stateless Persons

Signifies that the country is not a party to the convention

Stateless 2 – 1961 Convention on the Reduction of Statelessness

Population

In 1945, following the environmental destruction of their Island home by phosphorus mining and conflict during World War II, the Banaban communities from Kiribati were relocated to Rabi Island in Fiji. This decision was undertaken largely without the community’s consent. The Banaban community are now considered citizens of Fiji and have rights of residence in Kiribati.

1. Reported Stateless Persons

Fiji reported zero stateless persons to UNHCR in 2020 and 2021. Fiji did not report stateless
population data at all in 2019 or 2022. According to UNHCR reports, the Pacific Islands host more than 11,800 persons of concern for statelessness, the majority of them residing in Fiji and Papua New Guinea.

2. Persons at Risk of Statelessness

Children born to stateless and/or foreign parents and children proven to be born in Fiji whose nationality is undetermined are at risk of statelessness because of gaps in the citizenship legislation of Fiji.

Causes of Statelessness

1. Lack of Legal Safeguards Against Childhood Statelessness

In Fiji, the citizenship laws provide that abandoned children are considered to be born in Fiji in absence of proof of the contrary and in turn are able to access citizenship by birth. However, the CRC has noted that this provision does not protect children ‘whom it can be proven that they have not been born in Fiji, but whose nationality can nevertheless not be established.’ Fiji’s citizenship laws do include provisions to provide citizenship to stateless children born in Fiji or to Fijian parents between 1990 and 2009 in what appears to be an attempt to remedy gaps in previous citizenship laws. Due to the requirement of one parent being a citizen in Fiji’s jus soli provisions, children born to stateless and/or foreign parents within the territory are not protected from statelessness.

2. Administrative Barriers

Fiji reported a birth registration rate of 86% as of 2021. A birth certificate is required for making an application for citizenship by registration as well as naturalization. Birth registration must be done within 2 months of the date of birth and can only be done by the father unless in the case of the death, inability, or illness of the father. There is a fee required for birth registration in Fiji, including a late registration penalty fee. UNHCR has recommended that the penalty fee be removed to provide better access to birth registration.

UNESCAP researchers found that wealth of households and maternal age and education level are key factors influencing levels of birth registration among Fijian children. i-Taukei speaking households also demonstrated notable disparities in birth registration rates compared to other groups. The births of children born in rural areas are also less likely to be registered due to the distance and travel costs to administrative offices.

Fiji

Overview

Law