LGBTQ rights in Solomon Islands | |
---|---|
Status | Illegal [1] |
Penalty | Up to 14 years imprisonment (not enforced, legalisation proposed) |
Gender identity | No |
Military | No armed forces |
Discrimination protections | No |
Family rights | |
Recognition of relationships | No |
Adoption | No |
Lesbian, gay, bisexual, and transgender (LGBT) people in Solomon Islands face legal challenges not experienced by non-LGBTQ residents. Male and female same-sex sexual activity is illegal, punishable by up to 14 years imprisonment, but the law is not enforced.
Same-sex sexual activity has been illegal since its criminalization in the 1880s. [1] [2] Engaging in anal sex or oral sex with another person, whether heterosexual or homosexual, is punishable by up to 14 years imprisonment under Section 160, Chapter 26 of the Penal Code of Solomon Islands. Attempting anal or oral sex can be punished by up to seven years imprisonment. Acts of "gross indecency", even in private, can be punished with five years imprisonment. [1] However, the United States Department of State reported that there were no reports in 2010, [3] 2011, [4] 2012, [5] or 2013 [6] of arrests or prosecutions directed at LGBT people.
It is advisable that gay and lesbian citizens and travelers avoid public displays of affection, which could be categorized by the Solomon Islands penal code as an act of gross indecency, a felony, liable to imprisonment for 5 years. [7] The Law Reform Commission proposed legalizing gay and lesbian sexual activity in December 2008, but the move was strongly opposed. [8] The government told the United Nations in 2011 that it had no intention of decriminalising homosexuality. [9]
Solomon Islands does not recognise same-sex unions in any form.
In 2017, in a speech to a local church group, Prime Minister Manasseh Sogavare stated his opposition to same-sex marriage. In June 2018, Governor General Frank Kabui, while acknowledging the existence of LGBT people in Solomon Islands and stating that "It is not wrong to [be] born with gay or lesbian inclination, it is said to be biological and is beyond individual control", reiterated his opposition to same-sex marriage. He condemned any attempt to change the laws, justifying his position with reference to the criminal code that prohibits same-sex sexual activity and to the Bible on Christian religious grounds. [10] [11]
Solomon Islands is currently reforming its Constitution. In the first draft of 2009 of the new Constitution of the proposed Federal Democratic Republic of Solomon Islands, "sexual orientation" was explicitly and newly included as a prohibited ground of discrimination. In the 2011 draft and the 2013 draft, there was no mention of "sexual orientation". In the latest second 2014 draft (published on 6 May 2014), "sexual orientation" was not put as a prohibited ground of discrimination. [12] As of 2019, the constitutional reform is still in the process.
Same-sex sexual activity legal | (Illegal. Not enforced, legalization proposed) |
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) | |
Hate crime laws include sexual orientation and gender identity | |
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 | |
Conversion therapy banned | |
Access to IVF for lesbians | |
Commercial surrogacy for gay male couples | |
MSMs allowed to donate blood |
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Mali face severe legal and societal challenges not experienced by non-LGBTQ residents. According to the 2007 Pew Global Attitudes Project, 98 percent of Malian adults believed that homosexuality is considered something society should not accept, which was the highest rate of non-acceptance in the 45 countries surveyed. The Constitution of Mali has outlawed same-sex marriage since 2023, and the Malian penal code has criminalized homosexuality since 2024.
Lesbian, gay, bisexual, and transgender (LGBT) people in Kenya face significant challenges not experienced by non-LGBTQ residents. Sodomy is a felony per Section 162 of the Kenyan Penal Code, punishable by 21 years' imprisonment, and any sexual practices are a felony under section 165 of the same statute, punishable by five years' imprisonment. On 24 May 2019, the High Court of Kenya refused an order to declare sections 162 and 165 unconstitutional. The state does not recognise any relationships between persons of the same sex; same-sex marriage is banned under the Kenyan Constitution since 2010. There are no explicit protections against discrimination on the basis of sexual orientation and gender identity. Adoption is restricted to heterosexual couples only.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Nigeria face severe challenges. Both male and female expressions of homosexuality are illegal in Nigeria and punishable by up to 14 years in prison. There are no legal protections for LGBTQ people in Nigeria—a largely conservative country of more than 230 million people, split between a mainly Muslim north and a mainly Christian south. Very few LGBTQ people are open about their sexuality, as violence against them is frequent. According to PinkNews, Nigerian authorities generally target the LGBTQ community. Many LGBTQ Nigerians seek asylum to countries with progressive laws.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Tanzania face severe challenges not experienced by non-LGBTQ residents. Homosexuality in Tanzania is a socially taboo topic, and same-sex sexual acts are criminal offences, punishable with life imprisonment. The law also criminalizes heterosexuals who engage in oral sex and anal intercourse. According to the 2007 Pew Global Attitudes Project, 95% of Tanzanian residents believed that homosexuality is a way of life that society shouldn't accept, which was the 7th-highest rate of non-acceptance in the 45 countries surveyed. Meanwhile, an Afrobarometer 2020 poll indicated that only 10% of Tanzanians would be tolerant of someone with a different sexual orientation. This was among the lowest in Africa, but higher than the 2007 poll.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Eritrea face severe challenges not experienced by non-LGBTQ residents. Homosexual acts are illegal in Eritrea; typically punishable by up to three years in prison. LGBTQ persons are reportedly prosecuted by the government and additionally face hostility amongst the broader population. The government also restricts freedom of expression and encourages the censorship of LGBTQ issues.
Lesbian, gay, bisexual, and transgender (LGBT) persons in the British Virgin Islands face legal challenges not experienced by non-LGBTQ residents. Same-sex sexual activity has been legal in the British Virgin Islands since 2001.
Lesbian, gay, bisexual, and transgender (LGBT) people in Dominica face legal challenges not experienced by non-LGBTQ residents. Homosexuality has been legal since 2024, when the High Court struck down the country's colonial-era sodomy law. Dominica provides no recognition to same-sex unions, whether in the form of marriage or civil unions, and no law prohibits discrimination on the basis of sexual orientation or gender identity.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Malawi face legal challenges not experienced by non-LGBTQ residents. Both male and female expressions of same-sex sexual activity are illegal within the nation. The Penal Code prohibits "carnal knowledge against the order of nature", attempts to commit "carnal knowledge against the order of nature", and acts of "gross indecency". Homosexuality among men is punishable by up to 14 years in prison in the country, while homosexuality among women is also punishable by up to five years in prison. There are no protections for LGBTQ rights in the country.
Lesbian, gay, bisexual, and transgender (LGBT) people in Papua New Guinea face legal challenges not experienced by non-LGBTQ residents. Male same-sex sexual activity is illegal, punishable by up to 14 years' imprisonment. The law is rarely enforced, but arrests still do happen, having occurred in 2015 and 2022. There are no legal restrictions against lesbian sex in the country.
Uganda's lesbian, gay, bisexual, transgender, and queer (LGBTQ) rights record is considered one of the world's worst. Same-sex sexual activity is illegal for both men and women in Uganda. It was originally criminalised by British colonial laws introduced when Uganda became a British protectorate, and these laws have been retained since the country gained its independence. Additionally being transgender, or gender diverse is illegal in accordance with the 2023 AHA.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Zambia face significant challenges not experienced by non-LGBTQ residents. Same-sex sexual activity is illegal for both men and women in Zambia. Formerly a colony of the British Empire, Zambia inherited the laws and legal system of its colonial occupiers upon independence in 1964. Laws concerning homosexuality have largely remained unchanged since then, and homosexuality is covered by sodomy laws that also proscribe bestiality. Social attitudes toward LGBTQ people are mostly negative and coloured by perceptions that homosexuality is immoral and a form of insanity. However, in recent years, younger generations are beginning to show positive and open minded attitudes towards their LGBTQ peers.
A sodomy law is a law that defines certain sexual acts as crimes. The precise sexual acts meant by the term sodomy are rarely spelled out in the law, but are typically understood and defined by many courts and jurisdictions to include any or all forms of sexual acts that are illegal, illicit, unlawful, unnatural and immoral. Sodomy typically includes anal sex, oral sex, manual sex, and bestiality. In practice, sodomy laws have rarely been enforced to target against sexual activities between individuals of the opposite sex, and have mostly been used to target against sexual activities between individuals of the same sex.
Lesbian, gay, bisexual, and transgender (LGBT) persons in Montserrat face legal challenges not experienced by non-LGBTQ residents. Same-sex sexual activity has been legal in Montserrat since 2001.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Togo face legal challenges not experienced by non-LGBTQ residents. Both male and female forms of same-sex sexual activity are illegal in Togo, with no legal recognition for same-sex marriage or adoption rights.
Lesbian, gay, bisexual, and transgender (LGBT) people in Sierra Leone face legal challenges not experienced by non-LGBTQ residents. Male same-sex sexual activity is illegal in Sierra Leone and carries a possible penalty of life imprisonment, although this law is seldom enforced.
Lesbian, gay, bisexual, and transgender (LGBT) people in Niue face legal challenges not experienced by non-LGBTQ residents. Male same-sex sexual activity is illegal in Niue, although there is no recent instance of it being actively prosecuted. Same-sex couples and households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex married couples.
Lesbian, gay, bisexual, and transgender (LGBT) people in the Cook Islands face some legal challenges not experienced by non-LGBTQ residents, but these challenges have gradually lessened in recent years. As of 1 June 2023, homosexual acts between men became legal in the Cook Islands after a vote by the Parliament of the Cook Islands. Female homosexual acts have never been illegal. Same-sex marriage is outlawed. Nevertheless, LGBT people do enjoy some limited legal protections, as employment discrimination on the basis of sexual orientation has been banned since 2013.
Lesbian, gay, bisexual, and transgender (LGBT) people in Grenada face social and legal challenges not experienced by non-LGBT residents. The penal code makes same-sex acts on Grenada proper illegal with a punishment up to 10 years in prison, it also does not address discrimination or harassment on the account of sexual orientation or gender identity, nor does it recognize same sex unions in any form, whether it be marriage or partnerships. Household headed by same-sex couples are also not eligible for any of the same rights given to opposite-sex married couples.
Lesbian, gay, bisexual, and transgender (LGBT) people in Tuvalu face legal difficulties not experienced by non-LGBT residents. 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. Employment discrimination on the basis of sexual orientation has been banned since 2017. Since 2023, the Constitution of Tuvalu has banned same-sex marriage.
This article gives a broad overview of lesbian, gay, bisexual and transgender (LGBT) history in Canada. LGBT activity was considered a crime from the colonial period in Canada until 1969, when Bill C-150 was passed into law. However, there is still discrimination despite anti-discrimination law. For a more detailed listing of individual incidents in Canadian LGBT history, see also Timeline of LGBT history in Canada.