LGBTQ rights in Tuvalu | |
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Status | Male illegal, female legal |
Penalty | Up to 14 years imprisonment (not enforced, legalisation proposed) |
Gender identity | No |
Military | Has no military |
Discrimination protections | Protections in employment; sexual orientation only (see below) |
Family rights | |
Recognition of relationships | No |
Restrictions | Same-sex marriage constitutionally banned since 2023 [1] |
Adoption | No |
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. [2] [3] Employment discrimination on the basis of sexual orientation has been banned since 2017. Since 2023, the Constitution of Tuvalu has banned same-sex marriage.
Tuvalu is home to a traditional transgender population, called the pinapinaaine , or pina, who historically played certain societal and communal roles. [4] [5]
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. [6]
Prejudices towards same-sex relationships and transgender people are not documented before the arrival of Christian missionaries in the late 19th and early 20th century. In the pre-colonial era Polynesia societies, such as Samoa, were a very "sexually free" cultures. [7]
In Tuvalu, people who are assigned male at birth but live and behave as women are called pinapinaaine, or pina, and historically had certain societal roles, such as basket weaving. They were also known for their talent to elaborate dance ceremonies. [8] The Tuvalu Pina Association was established in 2015. The role of the organisation is to advocate for the rights of pina. The association has 15 members, who are members of two informal pina groups. [5]
The 2023 amendments to the Constitution do not provide for the recognition of LGBT rights in Tuvalu. The freedom from discrimination in section 27, describes discrimination as referring to the treatment of different people in different ways wholly or mainly because of their different sex (among other protected attributes), [1] and does not refer freedom from discrimination in respect to sexual orientation.
The 2023 amendments to the Constitution also set out the Charter of Duties and Responsibilities. However, the only statement as to relationships is to “a family unit, which shall comprise a marriage as between a man and a woman to the exclusion of all others”, in Section 43(2)(b). [1]
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. [9] The age of consent for heterosexual vaginal sex and lesbian sex is 15.
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.
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.
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.
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. [10] [11]
The Labour and Employment Relations Act 2017 bans discrimination based on sexual orientation. [12] 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.
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. [8]
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). [4]
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 | ![]() |
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, and transgender (LGBT) people in Trinidad and Tobago face legal challenges not experienced by non-LGBTQ residents. Households headed by same-sex couples are not eligible for the same rights and benefits as that of opposite-sex couples.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the Gambia face significant challenges not experienced by non-LGBTQ residents. Same-sex sexual activity is illegal for both men and women in the Gambia. Criminalisation commenced under the colonial rule of the British. The 1933 Criminal Code provides penalties of prison terms of up to fourteen years. In 2014, the country amended its code to impose even harsher penalties of life imprisonment for "aggravated" cases. The gender expression of transgender individuals is also legally restricted in the country. While the United States Department of State reports that the laws against homosexual activity are not "actively enforced", arrests have occurred; the NGO Human Rights Watch, reports regular organised actions by law enforcement against persons suspected of homosexuality and gender non-conformity.
Article 365 of the Sri Lankan Penal Code, which dates from the time of colonial British Ceylon, criminalizes sexual acts deemed "against the order of nature". The Supreme Court of Sri Lanka has ruled favourably for decriminalization and has agreed that any imposition of penalties are incompatible with the current times, but does not have the authority to invalidate laws, acts, or governmental actions even if they are incompatible with a higher morality. A bill aimed at decriminalization was submitted to parliament in August 2022 has been given the support of the ruling government. Furthermore both major parties from across the political spectrum have generally expressed support for homosexuality.
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, and transgender (LGBT) people in Guyana face legal and societal challenges not experienced by non-LGBTQ residents. Guyana is the only country in South America, and the only mainland country in the Americas, where homosexual acts, including anal sex and oral sex, are illegal. Cross-dressing was illegal until November 2018, when the statute was struck down by the Caribbean Court of Justice, the court of last resort of Guyana. Efforts to decriminalize homosexual behavior have gained momentum from legal developments in neighboring countries with a common legal heritage as former British colonies. In August 2016 the Belize Supreme Court, and in April 2018, the High Court of Trinidad and Tobago, each ruled that laws criminalizing homosexuality in their respective jurisdictions were unconstitutional. These landmark rulings have been noted as potential legal precedents to strengthen the case for repeal of Guyana's corresponding laws, with all 3 countries having related jurisprudence. Guyanese society tends to view homosexuality and transgender people negatively, though attitudes are slowly changing and becoming more accepting. The country's first pride parade took place in June 2018 with the support of various political and religious leaders, making it the first such event in the English-speaking Caribbean. It has inspired other countries to hold their own pride parades such as Barbados, Trinidad and Tobago and Saint Lucia. The country's second pride parade took place in June 2019. Subsequent events in 2020, and 2021 had to be postponed due to the COVID-19 pandemic, but Guyana's LGBT community held its largest event in the capital Georgetown in June 2022, with another planned in 2023. The country itself has a sodomy law.
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 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.
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.
This is a list of important events relating to the LGBT community from 1801 to 1900. The earliest published studies of lesbian activity were written in the early 19th century.
Lesbian, gay, bisexual, and transgender (LGBT) persons in Antigua and Barbuda may face legal challenges not experienced by non-LGBTQ citizens.
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 living in Saint Lucia face legal challenges not experienced by non-LGBTQ members of the population. Same-sex sexual activity is illegal for males, though the law is not enforced.
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 Saint Vincent and the Grenadines face legal challenges not experienced by non-LGBT residents. The Penal Code makes same-sex sexual acts illegal with a punishment up to 10 years in prison, although the law is not enforced. In addition, it outlaws the practice of "buggery", whether homosexual or heterosexual and irrespective of whether the act was consensual. The country's laws also do not address discrimination or harassment on account of sexual orientation or gender identity, nor recognize same-sex unions in any form, whether it be marriage or partnerships. Households headed by same-sex couples are not eligible for any of the same rights given to opposite-sex married couples. In 2024, Saint Vincent and the Grenadines upheld its constitutional ban on same-sex sexual activity within its High Court.
Lesbian, gay, bisexual, and transgender (LGBT) people in Samoa face legal challenges not faced by non-LGBT residents. Sexual contact between men is illegal, punishable by up to seven years’ imprisonment, but the law is not enforced.
Lesbian, gay, bisexual, and transgender (LGBT) people in Tonga face legal challenges not experienced by non-LGBT residents. Male homosexuality is illegal in Tonga, with a maximum penalty of 10 years imprisonment, but the law is not enforced.
Lesbian, gay, bisexual, and transgender (LGBT) people in Kiribati face legal challenges not experienced by non-LGBT residents. Male homosexuality is illegal in Kiribati with a penalty of up to 14 years in prison, but the law is not enforced. Female homosexuality is legal, but lesbians may face violence and discrimination. Despite this, employment discrimination on the basis of sexual orientation has been prohibited since 2015.
Lesbian, gay, bisexual, and transgender (LGBT) persons in Northern Nigeria face severe challenges not experienced by non-LGBT residents. Federal law prohibits all forms of homosexual activities and prescribes up to 14 years imprisonment for those found culpable. While the Maliki form of Shari'a law applied in 12 states have lesser penalty for unmarried persons, it prescribes the death penalty for married individuals.
Article 365 of the Sri Lankan Penal Code criminalizes "carnal intercourse against the order of nature" and provides for a penalty of up to ten years in prison.