LGBT rights in Kiribati

LGBT rights in Kiribati
Same-sex sexual intercourse legal status Male illegal
Female legal[1]
Penalty:
 Up to 14 years in prison (not enforced)
Discrimination protections Yes (in employment only)
Family rights
Recognition of
relationships		 No
Adoption No

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.[2]

History

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.[3]

Laws regarding same-sex sexual activity

Sections 153, 154, and 155 of the Penal Code outlaw anal intercourse regardless of sex.[4] There are no reports of prosecutions directed against LGBT people under these laws.[1]

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.

Decriminalisation efforts

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.[5]

Discrimination protections

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.[6]

Summary table

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)
Same-sex marriages
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

See also

References

  1. 1 2 Human rights in Oceania — lots of work to do Erasing 76 Crimes
  2. ↑ Anti-LGBTI push at U.N. falls short Erasing 76 Crimes
  3. ↑ Third Gender Table, A summary of cultures recognizing a third gender, by "There's a cure for that"
  4. ↑ Kiribati Penal Code
  5. ↑ Focus on anti-LGBTI stance of Kuwait, Kiribati Erasing 76 Crimes
  6. ↑ Employment and Industrial Relations Code 2015


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