| LGBT rights in Nauru | |
|---|---|
Nauru |
|
| Same-sex sexual activity legal? | Male illegal; female legal |
| Gender identity/expression | - |
| Recognition of relationships |
No |
| Adoption | No[1] |
| Military service | N/A (Military defense is the responsibility of Australia) |
| Discrimination protections | No |
Gay and bisexual (LGBT) people living in the island nation Nauru face certain unique legal and social challenges. Male-male homosexual acts remain illegal and there is no legal recognition of same-sex marriages, civil unions or domestic partnership benefits. Under law, male homosexuality may be punished with up to 14 years imprisonment at hard labour.[2]
Nauru announced in 2011 its intention to decriminalize homosexual activity between mutually consenting adults.[3][4]
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Homosexuality has been illegal in Nauru since 1899 when the island was part of Australia.[5] The current sodomy laws were introduced by colonial powers in 1921[6], and 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".[7] [8]
According to Section 208 of the Penal Code, homosexual acts may be punished with imprisonment of up to 14 years:
"Any person who:(1) Has carnal knowledge of any person against the order of nature; or (2) Has carnal knowledge of an animal; 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 213 punishes "acts of indecency" with three years imprisonment:
"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."
There is no specific law that prohibits female/female sex.[10]
Australia has commended Nauru for its commitment in its National Report to decriminalise homosexuality.[11]
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.[12]
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