LGBTQ rights in Nauru
{{Use dmy dates|date=June 2020}}
{{short description|none}}
{{Use Australian English|date=May 2016}}
{{Infobox LGBT rights
| location_header = Nauru
| image = LocationNauru.png
| caption = Nauru
| legal_status = Legal since 2016
| gender_identity_expression =
| recognition_of_relationships = Not recognised by the government directly.
| adoption = Adoption recognised to single LGBT people, and couples must have only one person in a relationship adopt.
| military = The nation has no military.
| discrimination_protections = Some limited protections in place.
}}
Lesbian, gay, bisexual, and transgender (LGBT) people living in Nauru may face legal and social challenges not experienced by non-LGBT residents. Same-sex sexual activity has been legal since May 2016, but there are no legal recognition of same-sex unions, or protections against discrimination in the workplace or the provision of goods and services.
The Human Truth Foundation has listed Nauru at rank 87 for LGBTQ rights. This was similar to other Pacific nations, such as Palau (86), the Marshall Islands (88) and Micronesia (90).[http://www.humantruth.info/lgbt_rights_across_the_world.html LGBT Rights Across the World, Which are the Best and Worst Countries?]
In 2011, Nauru 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.{{cite web|url=http://geneva.usmission.gov/2011/03/22/lgbtrights/ |title=Over 80 Nations Support Statement at Human Rights Council on LGBT Rights » US Mission Geneva |publisher=Geneva.usmission.gov }}
Legality of same-sex sexual activity
{{See also|LGBT history in Nauru}}
Same-sex sexual activity was criminalised in 1921 when the mandatory powers of Australia, New Zealand and United Kingdom agreed to apply the Australian state of Queensland's Criminal Code Act 1899. This was 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".[http://daccess-dds-ny.un.org/doc/UNDOC/GEN/G10/171/50/PDF/G1017150.pdf?OpenElement National Report of Nauru] {{webarchive|url=https://web.archive.org/web/20151208070101/http://daccess-dds-ny.un.org/doc/UNDOC/GEN/G10/171/50/PDF/G1017150.pdf?OpenElement |date=2015-12-08 }} to the Human Rights Council, November 2010 In October 2011, the Nauruan Government pledged to decriminalise same-sex sexual acts.{{cite web|url=http://freedomhouse.org/report/freedom-world/2014/nauru-0|title=Nauru|access-date=27 July 2015|archive-date=20 October 2014|archive-url=https://web.archive.org/web/20141020161640/http://freedomhouse.org/report/freedom-world/2014/nauru-0|url-status=dead}}{{cite web|url=http://lib.ohchr.org/HRBodies/UPR/Documents/Session10/NR/Nauru-A_HRC_WG.6_10_L.1-eng.pdf|title=Draft report of the Working Group on the Universal Periodic Review: Nauru|publisher=Human Rights Council|access-date=15 June 2011|archive-date=4 March 2016|archive-url=https://web.archive.org/web/20160304065619/http://lib.ohchr.org/HRBodies/UPR/Documents/Session10/NR/Nauru-A_HRC_WG.6_10_L.1-eng.pdf|url-status=dead}}{{cite news|title=São Tomé and Príncipe to legalise gay sex|publisher=PinkPaper|date=2011-02-14|access-date=2011-02-25|url=http://news.pinkpaper.com/NewsStory.aspx?id=4829|archive-url=https://web.archive.org/web/20110715084050/http://news.pinkpaper.com/NewsStory.aspx?id=4829|archive-date=2011-07-15}}
According to the United States Department of State, there were no reports in 2012 of prosecutions directed at LGBT persons.{{cite web|url=http://www.refworld.org/country,,,,NRU,,517e6dfe18,0.html|title=Refworld - 2012 Country Reports on Human Rights Practices - Nauru|author=United Nations High Commissioner for Refugees|work=Refworld|access-date=27 July 2015}}
In May 2016, the Parliament of Nauru passed the Crimes Act 2016 which repealed the Criminal Code 1899 and therefore legalised same-sex sexual activity.[http://www.nauru-news.com/#!Nauru-Government-updates-Criminal-Code/cjds/57450aab0cf22b6a7596d9a4 Nauru Government updates Criminal Code][http://www.radionz.co.nz/international/pacific-news/304995/nauru-decriminalises-homosexuality Nauru decriminalises homosexuality][http://www.samesame.com.au/news/13768/Homosexuality-is-now-no-longer-criminalised-on-Nauru Homosexuality is now no longercriminalised on Nauru] {{webarchive|url=https://web.archive.org/web/20160528123649/http://www.samesame.com.au/news/13768/Homosexuality-is-now-no-longer-criminalised-on-Nauru |date=2016-05-28 }}{{Cite web |url=http://ronlaw.gov.nr/nauru_lpms/index.php/act/view/1168 |title=Crimes Act 2016 |access-date=2016-05-27 |archive-url=https://web.archive.org/web/20180607221913/http://ronlaw.gov.nr/nauru_lpms/index.php/act/view/1168 |archive-date=2018-06-07 |url-status=dead }}{{Cite web|url=https://www.theguardian.com/world/2016/may/29/nauru-decriminalises-homosexuality-and-suicide|title=Nauru decriminalises homosexuality and suicide|last=Doherty|first=Ben|date=2016-05-29|website=the Guardian|access-date=2016-06-01}}
Recognition of same-sex relationships
There is no legal recognition of same-sex couples. The Births Deaths and Marriages Registration Act 2017 states in its Section 49 that "Marriage in the Republic shall be the voluntary union of one man and one woman." Section 70 states that "A marriage solemnised in a foreign country shall not be recognised as a marriage in the Republic if the marriage is (a) between a male and another male; (b) between a female and another female.{{cite web |title=Births Deaths and Marriages Registration Act 2017 |url=http://ronlaw.gov.nr/nauru_lpms/files/acts/0f87d11f7f4712058e1cb8181cc106c8.pdf |access-date=6 May 2023}}
Discrimination protections
Nauruan law does not address discrimination on account of sexual orientation or gender identity in employment or the provision of goods and services.
The Leadership Code Act 2016, which was passed in June 2016, states that a "leader" must not "discriminate between persons participating in or seeking to participate in Government on account of their age, race, ethnicity, gender, disability, sexual orientation, religious beliefs, place of origin or political beliefs or opinions". The term "leader" includes the office of president, speaker and deputy speaker of parliament, cabinet minister, member of parliament, judicial officers, ambassadors, electoral commissioners, commissioner of police, chief justice, etc.{{cite web|url=http://www.paclii.org/nr/legis/num_act/lca2016131/|title=Leadership Code Act 2016|website=paclii.org}}
The Mentally-disordered Persons (Amendment) Act 2016 states that a "person is not [to] be regarded as mentally disordered by reasons only that: [...] the person expresses or exhibits or refuses or fails to express, or has expressed or has refused or failed to express, a particular sexual preference or sexual orientation".{{cite web|url=http://www.paclii.org/nr/legis/num_act/mpa2016385/|title=Mentally-disordered Persons (Amendment) Act 2016|website=paclii.org}}
The Nauru Regional Processing Centre Rules 2014 bans discrimination against any person because of their sex or gender, sexual preference or gender identity. These rules are made under Division 2 of the Asylum Seekers (Regional Processing Centre) Act 2012.{{cite web |title=NAURU REGIONAL PROCESSING CENTRE CENTRE RULES |url=https://www.paclii.org/cgi-bin/sinodisp/nr/other/NRGovGaz/2014/95.html |access-date=6 March 2025}}
Summary table
| class="wikitable" |
| Same-sex sexual activity legal
| File:Yes check.svg (Since 2016) |
| Equal age of consent
| File:Yes check.svg (Since 2016) |
| 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 |
| Right to change legal gender
| File:X mark.svg{{Cite web |url=http://www.gaystarnews.com/article/nauru-one-smallest-countries-world-decriminalizes-gay-sex/#gs.HSH02uI |title=Nauru, one of the smallest countries in the world, decriminalizes gay sex |access-date=28 May 2016 |archive-date=7 July 2018 |archive-url=https://web.archive.org/web/20180707124751/https://www.gaystarnews.com/article/nauru-one-smallest-countries-world-decriminalizes-gay-sex/#gs.HSH02uI |url-status=dead }} |
| Conversion therapy by medical professionals banned
| File:Yes check.svg (Since 2016) |
| Access to IVF for lesbians |
| Commercial surrogacy for gay male couples |
| Sexual orientation and gender identity protections for asylum requests
| File:Yes check.svg (Since 2014) |
| MSMs allowed to donate blood |
See also
{{Portal|LGBTQ}}
References
{{Reflist}}
External links
{{Wikivoyage|Nauru}}
{{Oceania in topic|LGBTQ rights in}}
{{Nauru topics}}