LGBT rights in Nauru

LGBT rights in Nauru
Nauru
Status	Legal since 2016
Military	The nation has no military.
Discrimination protections	Some limited protections in place.
Family rights
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.

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 LGBT rights. This was similar to other Pacific nations, such as Palau (86), the Marshall Islands (88) and Micronesia (90). ^[1]

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. ^[2]

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". ^[3] In October 2011, the Nauruan Government pledged to decriminalise same-sex sexual acts. ^{[4] [5] [6]}

According to the United States Department of State, there were no reports in 2012 of prosecutions directed at LGBT persons. ^[7]

In May 2016, the Parliament of Nauru passed the Crimes Act 2016 which repealed the Criminal Code 1899 and therefore legalised same-sex sexual activity. ^{[8] [9] [10] [11] [12]}

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. ^[13]

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. ^[14]

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". ^[15]

Summary table

Same-sex sexual activity legal	(Since 2016)
Equal age of consent	(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	Has no military
Right to change legal gender	[16]
Access to IVF for lesbians
Commercial surrogacy for gay male couples
MSMs allowed to donate blood

See also

• LGBT portal

• Human rights in Nauru
• LGBT history in Nauru
• LGBT rights in Oceania

References

1. LGBT Rights Across the World, Which are the Best and Worst Countries?
2. "Over 80 Nations Support Statement at Human Rights Council on LGBT Rights » US Mission Geneva". Geneva.usmission.gov.
3. National Report of Nauru Archived 2015-12-08 at the Wayback Machine to the Human Rights Council, November 2010
4. "Nauru". Archived from the original on 20 October 2014. Retrieved 27 July 2015.
5. "Draft report of the Working Group on the Universal Periodic Review: Nauru" (PDF). Human Rights Council. Archived from the original (PDF) on 4 March 2016. Retrieved 15 June 2011.
6. "São Tomé and Príncipe to legalise gay sex". PinkPaper. 14 February 2011. Archived from the original on 15 July 2011. Retrieved 25 February 2011.
7. United Nations High Commissioner for Refugees. "Refworld - 2012 Country Reports on Human Rights Practices - Nauru". Refworld. Retrieved 27 July 2015.
8. Nauru Government updates Criminal Code
9. Nauru decriminalises homosexuality
10. Homosexuality is now no longercriminalised on Nauru Archived 2016-05-28 at the Wayback Machine
11. "Crimes Act 2016". Archived from the original on 7 June 2018. Retrieved 27 May 2016.
12. Doherty, Ben (29 May 2016). "Nauru decriminalises homosexuality and suicide". the Guardian. Retrieved 1 June 2016.
13. "Births Deaths and Marriages Registration Act 2017" (PDF). Retrieved 6 May 2023.
14. "Leadership Code Act 2016". paclii.org.
15. "Mentally-disordered Persons (Amendment) Act 2016". paclii.org.
16. "Nauru, one of the smallest countries in the world, decriminalizes gay sex". Archived from the original on 7 July 2018. Retrieved 28 May 2016.