LGBT rights in Kiribati
|LGBT rights in Kiribati|
|Same-sex sexual intercourse legal status||
|Up to 14 years in prison (not enforced)|
|Discrimination protections||Yes (in employment only)|
Lesbian, gay, bisexual, and transgender (LGBT) persons in Kiribati face legal challenges not experienced by non-LGBT residents. Male homosexuality is illegal in Kiribati. Female homosexuality is legal, but lesbians may face violence and discrimination. However, employment discrimination on the basis of sexual orientation is prohibited.
In November 2016, Kiribati voted against a plan to get rid of the UN Independent Expert on violence and discrimination based on sexual orientation and gender identity at the United Nations General Assembly. The push to get rid of the UN expert failed 84-77. Kiribati along with Sri Lanka were the only two countries, where homosexuality is still criminalised, who voted against the proposal.
Kiribati is home to a traditional transgender population. The Gilbertese word binabinaaine refers to people who were assigned male at birth but act, dress and behave as female, while the word binabinamane has the opposite meaning, that being a person who was assigned female at birth but behaves as male. People who live as these gender roles have traditionally been accepted by Kiribati society, and are not perceived as immoral or disordered, but as belonging to a third gender alongside male and female.
Laws regarding same-sex sexual activity
153. Unnatural Offences
- Any person who-
- (a) commits buggery with another person or with an animal; or
- (b) permits a male person to commit buggery with him or her,
- shall be guilty of a felony, and shall be liable to imprisonment for 14 years.
154. Attempts to commit unnatural offences and indecent assaults
- Any person who attempts to commit any of the offences it specified in the last preceding section, :or who is guilty of any assault with intent to commit the same, or any indecent assault upon any :male person shall be guilty of a felony, and shall be liable to imprisonment for 7 years.
155. Indecent practices between males
- Any male person who, whether in public or private, commits any act of gross indecency with another :male person, or procures another male person to commit any act of gross indecency with him, or :attempts to procure the commission of any such act by any male person with himself or with another :male person, whether in public or private, shall be guilty of a felony, and shall be liable to :imprisonment for 5 years.
In August 2015, as part of the Universal Periodic Review, Kiribati's human rights record was scrutinised by other countries. France, Slovenia and Chile urged Kiribati to repeal its laws against homosexuality. The Kiribati delegation made no response to these recommendations.
Discrimination against employees and prospective employees based on "sexual orientation" is prohibited under Article 107(2)(b) of the Employment and Industrial Relations Code 2015.
|Same-sex sexual activity legal||(For males)/ (For females)|
|Equal age of consent||(For males)/ (For females)|
|Anti-discrimination laws in employment only||(Since 2015)|
|Anti-discrimination laws in the provision of goods and services|
|Anti-discrimination laws in all other areas (Incl. indirect discrimination, hate speech)|
|Recognition of same-sex couples|
|Stepchild adoption by same-sex couples|
|Joint adoption by same-sex couples|
|LGBT people allowed to serve openly in the military||Has no military|
|Right to change legal gender|
|Access to IVF for lesbians|
|Commercial surrogacy for gay male couples|
|MSMs allowed to donate blood|
- Human rights in Oceania — lots of work to do Erasing 76 Crimes
- Anti-LGBTI push at U.N. falls short Erasing 76 Crimes
- Third Gender Table, A summary of cultures recognizing a third gender, by "There's a cure for that"
- Kiribati Penal Code
- Focus on anti-LGBTI stance of Kuwait, Kiribati Erasing 76 Crimes
- Employment and Industrial Relations Code 2015
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