LGBT rights in Tuvalu
Lesbian, gay, bisexual and transgender (LGBT) people in Tuvalu face challenges not faced by non-LGBT people. Sections 153, 154 and 155 of the Penal Code outlaw male homosexual intercourse with a penalty of up to 14 years in prison, but the law is not enforced.[1][2] Employment discrimination on the basis of sexual orientation has been banned since 2017.
 | |
| Status | Male illegal, female legal |
| Penalty | Up to 14 years in prison (not enforced) |
| Gender identity | Transgender people cannot legally change gender |
| Military | Has no military |
| Discrimination protections | Protections in employment; sexual orientation only (see below) |
| Family rights | |
| Recognition of relationships | No |
| Adoption | No |
Tuvalu is home to a traditional transgender population, called the pinapinaaine, who historically played certain societal and communal roles.[3]
In 2011, Tuvalu signed the "joint statement on ending acts of violence and related human rights violations based on sexual orientation and gender identity" at the United Nations, condemning violence and discrimination against LGBT people.[4]
History
Tuvalu, much like the rest of Polynesia, used to be tolerant of same-sex relationships and transgender people before the arrival of the Europeans and Christianity. Bisexual relations were also quite commonplace among the islands, as many island kings kept both male and female partners in their royal huts for intimate relations.[3]
People who are assigned male at birth but live and behave as women are called pinapinaaine in Tuvalu, and historically had certain societal roles, such as basket weaving. They were also known for their talent to elaborate dance ceremonies.[5] Nowadays, the pinapinaaine are still often seen in Tuvalu.
Legality of same-sex sexual activity
The Penal Code prohibits male homosexual and heterosexual anal intercourse. According to the United States Department of State, there were no reports of prosecution of consenting adults under these provisions.[6] The age of consent for heterosexual vaginal sex and lesbian sex is 15.
Penal Code
- Section 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.
- Section 154: Attempts to commit unnatural offences and indecent assault
Any person who attempts to commit any of the offences 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.
- Section 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.
Recognition of same-sex relationships
Tuvalu does not recognize same-sex marriage or civil unions. The Marriage Act (Cap 29) (Tuvaluan: Tulafono Lasi i te Faiga o Avaga (Napa 29)) does not expressly prohibit the recognition of same-sex unions, but generally assumes the parties to be male and female. Same-sex marriages do not appear in the Act's "restrictions on marriage" section.[7][8]
Discrimination protections
The Labour and Employment Relations Act 2017 bans discrimination based on sexual orientation.[9] Workplace discrimination on the basis of "ethnic origin, race, colour, national extraction, social origin, social class or economic status; or gender, sex, pregnancy, marital status, sexual orientation or family responsibilities; or age, state of health, HIV/AIDS status, or disability; or religion or political opinion; or trade union membership or activity; or involvement in any dispute, an investigation or legal proceedings" is prohibited.
Statistics
According to a 2005 study, about 14% of young Tuvaluan men between the age of 15 and 24 had had sex with a male partner sometime in their lives.[5]
According to 2017 estimates from UNAIDS, there were about 300 men who have sex with men (MSM) in the country, and about 40 pinapinaaine (transgender people).[3]
Summary table
| Same-sex sexual activity legal |   |
| Equal age of consent | |
| 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) | |
| 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 | |
References
- "Tuvalu Penal Code" (PDF). Tuvalu Legislation.
- "Gay Tuvalu News & Reports". GlobalGayz. 11 October 2011.
- "Country factsheets: Tuvalu 2017". UNAIDS.
- Donahoe, Eileen Chamberlain (22 March 2011). "Over 80 Nations Support Statement at Human Rights Council on LGBT Rights". U.S. Mission to International Organizations in Geneva.
- "Global AIDS Progress Report of Tuvalu" (PDF). UNAIDS. 2016. Retrieved 29 November 2017.
- "Tuvalu 2013 Human Rights Report" (PDF). U.S. Department of State.
- "Marriage Act". Pacific Islands Legal Information Institute.
- "Tusi Galue a Famasino o Fono Tulafono a Fenua i Tuvalu" (PDF). Pacific Islands Legal Information Institute.
- "Tuvalu National report submitted in accordance with paragraph 5 of the annex to Human Rights Council resolution 16/21" (PDF). documents-dds-ny.un.org. Retrieved 3 April 2020.