LGBT rights in Nauru
|LGBT rights in Nauru|
|Same-sex sexual activity legal?||Male illegal; female legal|
|Up to 14 years imprisonment (not enforced)|
|Military service||Has no military|
Lesbian, gay, bisexual, and transgender (LGBT) people living in the island nation of Nauru face legal and social challenges not experienced by non-LGBT persons. Male-male homosexual acts remain illegal and there is no legal recognition of same-sex marriages, civil unions, or domestic partnerships. Under law, male homosexuality may be punished with up to 14 years imprisonment and hard labour. According to the United States Department of State, there were no reports in 2012 of prosecutions directed at LGBT persons.
Homosexuality has been illegal in Nauru since 1899 when the island was a German protectorate. The current sodomy laws were introduced in 1921 when the island was under Australian rule and are based on the Criminal Code of Queensland. Those laws were retained following Nauruan independence in 1968.
In January 2011, Mathew Batsiua, Minister for Health, Justice and Sports, stated that the decriminalisation of "homosexual activity between consenting adults" was "under active consideration". In October 2011, the government pledged to decriminalize same-sex sexual acts; however, no relevant legislation was enacted by the end of 2014.
According to various sections of the Criminal Code, same-sex sexual acts may be punished with imprisonment of up to 14 years:
Section 208. Unnatural Offences. Any person who:
(1) Has carnal knowledge of any person against the order of nature; or
* * * *
(3) Permits a male person to have carnal knowledge of him or her against the order of nature;
is guilty of a crime, and is liable to imprisonment with hard labour for fourteen years.
Section 209. Attempt to Commit Unnatural Offences. Any person who attempts to commit any of the crimes defined in the last preceding section is guilty of a crime, and is liable to imprisonment with hard labour for seven years.
Section 211. 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, is guilty of a misdemeanour, and is liable to imprisonment with hard labour for three years.
Australia has commended Nauru for its commitment in its National Report to decriminalise homosexuality.
Sweden has recommended the Government of Nauru recognize the principle of non-discrimination which prohibits discrimination on any ground, including sexual orientation, and to abolish the law that criminalizes homosexuality.
|Same-sex sexual activity legal||For male (Penalty: Up to 14 years imprisonment; not enforced) / For female|
|Equal age of consent||For male / For female|
|Anti-discrimination laws in employment only|
|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|
|Step-child adoption by same-sex couples|
|Joint adoption by same-sex couples|
|Gays and lesbians 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|
- "Nauru Government Stats". Retrieved 27 July 2015.
- Nauru (Law) - Ilga
- United Nations High Commissioner for Refugees. "Refworld - 2012 Country Reports on Human Rights Practices - Nauru". Refworld. Retrieved 27 July 2015.
- "São Tomé and Príncipe to legalise gay sex". PinkPaper. 2011-02-14. Archived from the original on 2011-07-15. Retrieved 2011-02-25.
- "Gay Nauru News & Reports", GlobalGayz.com, 1 January 2009
- NAURU (Law)
- [rtsp://webcast.un.org/ondemand/conferences/unhrc/upr/10th/hrc110124am1-eng.rm?start=00:04:37&end=00:23:22 Address by Mathew Batsiua] to the United Nations Human Rights Council, January 24, 2010
- National Report of Nauru to the Human Rights Council, November 2010
- "Nauru". Retrieved 27 July 2015.
- "Nauru". Retrieved 27 July 2015.
- Criminal Code of Nauru
- "Gay Nauru News & Reports". Retrieved 27 July 2015.
- "statement160 - Australian Permanent Mission and Consulate-General". Retrieved 27 July 2015.
- "24 January UPR: Nauru". Retrieved 27 July 2015.
|Wikivoyage has a travel guide for Nauru.|