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{{short description| |
{{short description|none}} |
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{{Use dmy dates|date=September 2017}} |
{{Use dmy dates|date=September 2017}} |
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{{Use Australian English|date=June 2023}} |
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{{Infobox LGBT rights |
{{Infobox LGBT rights |
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| location_header = Tuvalu |
| location_header = Tuvalu |
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| caption = [[Tuvalu]] |
| caption = [[Tuvalu]] |
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| legal_status = Male illegal, female legal |
| legal_status = Male illegal, female legal |
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| penalty = Up to 14 years |
| penalty = Up to 14 years imprisonment ([[unenforced law|not enforced]], legalisation proposed) |
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| gender_identity_expression = |
| gender_identity_expression = No |
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| recognition_of_relationships = No |
| recognition_of_relationships = No |
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| recognition_of_relationships_restrictions = Same-sex marriage constitutionally banned since 2023<ref name="CofT23"/> |
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| adoption = No |
| adoption = No |
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| military = [[List of countries without armed forces|Has no military]] |
| military = [[List of countries without armed forces|Has no military]] |
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}} |
}} |
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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 [[unenforced law|not enforced]].<ref>{{cite web|url=https://tuvalu-legislation.tv/cms/images/LEGISLATION/PRINCIPAL/1965/1965-0007/PenalCode_1.pdf|title=Tuvalu Penal Code|work=Tuvalu Legislation}}</ref><ref>{{Cite web|url=https://archive.globalgayz.com/oceania/tuvalu/gay-tuvalu-news-and-reports/|title=Gay Tuvalu News & Reports|website=GlobalGayz|date=11 October 2011}}</ref> Employment discrimination on the basis of [[sexual orientation]] has been banned since 2017. Since 2023, the [[Constitution of Tuvalu]] has banned same-sex marriage. |
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[[Tuvalu]] is home to a traditional [[transgender]] population, called the {{lang|tvl|[[pinapinaaine]]}}, who historically played certain societal and communal roles.<ref name="AIDS16"/> |
[[Tuvalu]] is home to a traditional [[transgender]] population, called the {{lang|tvl|[[pinapinaaine]]}}, or ''pina'', who historically played certain societal and communal roles.<ref name="AIDS16"/><ref name="NGO1">{{cite web |last= |first= |work=United Nations Development Programme (UNDP), the United Nations Children’s Fund (UNICEF) and the University of New South Wales (UNSW) |title=Pacific Multi-Country Mapping and Behavioural Study: HIV and STI Risk Vulnerability among Key Populations – Tuvalu |date=2016 |url=https://www.undp.org/pacific/publications/pacific-multicountry-mapping-behavioural-study-key-findings |accessdate=4 December 2023}}</ref> |
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In 2011, Tuvalu signed the "[[LGBT rights at the United Nations|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.<ref>{{cite web|url=https://geneva.usmission.gov/2011/03/22/lgbtrights/|title=Over 80 Nations Support Statement at Human Rights Council on LGBT Rights|last=Donahoe|first=Eileen Chamberlain|date=2011-03-22|website=U.S. Mission to International Organizations in Geneva}}</ref> |
In 2011, Tuvalu signed the "[[LGBT rights at the United Nations|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.<ref>{{cite web|url=https://geneva.usmission.gov/2011/03/22/lgbtrights/|title=Over 80 Nations Support Statement at Human Rights Council on LGBT Rights|last=Donahoe|first=Eileen Chamberlain|date=2011-03-22|website=U.S. Mission to International Organizations in Geneva}}</ref> |
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==History== |
==History== |
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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 a [[LGBT rights in Samoa|Samoa]], were a very "sexually free" cultures.<ref>{{cite web|url=https://www.tate.org.uk/context-comment/articles/men-women-pacific|title=The men-women of the Pacific|work=Tate.org|date=1 September 2010|last=Gauguin|first=Paul}}</ref> |
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Tuvalu, much like the rest of [[Polynesia]], used to be tolerant of same-sex relationships and transgender people before the arrival of the Europeans and Christianity. [[Bisexuality|Bisexual relations]] were also quite commonplace among the islands, as many island kings kept both male and female partners in their royal huts for intimate relations.<ref name="AIDS16"/> |
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In Tuvalu, people who are assigned male at birth but live and behave as women are called {{lang|tvl|pinapinaaine}}, or ''pina'', and historically had certain societal roles, such as basket weaving. They were also known for their talent to elaborate dance ceremonies.<ref name="Health">{{cite web|url=https://www.unaids.org/sites/default/files/country/documents/TUV_narrative_report_2016.pdf|title=Global AIDS Progress Report of Tuvalu|date=2016|website=UNAIDS|access-date=29 November 2017}}</ref> 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.<ref name="NGO1"/> |
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==Constitution of Tuvalu== |
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The 2023 amendments to the [[Constitution of Tuvalu|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),<ref name="CofT23">{{cite web| last = | first = |title= Constitution of Tuvalu |publisher= Government of Tuvalu|page=|year = 5 September 2023|url= https://tuvalu-legislation.tv/cms/images/LEGISLATION/PRINCIPAL/1986/1986-0001/ConstitutionofTuvalu_2.pdf | accessdate=27 November 2023}}</ref> and does not refer freedom from discrimination in respect to [[sexual orientation]]. |
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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).<ref name="CofT23"/> |
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==Legality of same-sex sexual activity== |
==Legality of same-sex sexual activity== |
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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.<ref name="Health"/> |
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.<ref name="Health"/> |
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According to 2017 estimates from [[Joint United Nations Programme on HIV/AIDS|UNAIDS]], there were about 300 [[men who have sex with men]] (MSM) in the country, and about 40 {{lang|tvl|pinapinaaine}} (transgender people).<ref name="AIDS16">{{cite web|url= |
According to 2017 estimates from [[Joint United Nations Programme on HIV/AIDS|UNAIDS]], there were about 300 [[men who have sex with men]] (MSM) in the country, and about 40 {{lang|tvl|pinapinaaine}} (transgender people).<ref name="AIDS16">{{cite web|url=https://www.unaids.org/sites/default/files/country/documents/TUV_2017_countryreport.pdf|title=Country factsheets: Tuvalu 2017|work=UNAIDS}}</ref> |
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==Summary table== |
==Summary table== |
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|- |
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| Same-sex sexual activity legal |
| Same-sex sexual activity legal |
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| [[File:X mark.svg|15px|No]] (For males, not enforced)/[[File:Yes check.svg|15px|Yes]] (For females) |
| [[File:X mark.svg|15px|No]] (For males, not enforced, legalization proposed)/[[File:Yes check.svg|15px|Yes]] (For females) |
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|- |
|- |
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| Equal age of consent |
| Equal age of consent |
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|- |
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| Same-sex marriages |
| Same-sex marriages |
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| [[File:X mark.svg|15px|No]] |
| [[File:X mark.svg|15px|No]] (Consitutional ban since 2023) |
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|- |
|- |
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| Recognition of same-sex couples |
| Recognition of same-sex couples |
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|- |
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| LGBT people allowed to serve openly in the military |
| LGBT people allowed to serve openly in the military |
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| [[List of countries without armed forces |
| [[List of countries without armed forces|Has no military]] |
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|- |
|- |
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| Right to change legal gender |
| Right to change legal gender |
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== See also == |
== See also == |
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* [[Law of Tuvalu]] |
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* [[Human rights in Tuvalu]] |
* [[Human rights in Tuvalu]] |
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* [[LGBT rights in Oceania]] |
* [[LGBT rights in Oceania]] |
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* [[LGBT rights in the Commonwealth of Nations]] |
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==References== |
==References== |
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{{reflist}} |
{{reflist}} |
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{{Oceania in topic|LGBT rights in}} |
{{Oceania in topic|LGBT rights in}} |
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{{DEFAULTSORT:Lgbt Rights In Tuvalu}} |
{{DEFAULTSORT:Lgbt Rights In Tuvalu}} |
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[[Category:LGBT in Tuvalu]] |
[[Category:LGBT in Tuvalu]] |
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[[Category:LGBT rights in Oceania|Tuvalu]] |
[[Category:LGBT rights in Oceania by country|Tuvalu]] |
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[[Category:Politics of Tuvalu]] |
[[Category:Politics of Tuvalu]] |
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[[Category: |
[[Category:Law of Tuvalu]] |
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[[Category: |
[[Category:Human rights in Tuvalu]] |
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LGBT rights in Tuvalu
| |
|---|---|
| |
| 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 a 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 marriageorcivil 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 |  (For males, not enforced, legalization proposed)/ (For females)
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| Equal age of consent | (For males)/ (For females)
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| Anti-discrimination laws in employment only | (Since 2017)
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| Anti-discrimination laws in the provision of goods and services |
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| Anti-discrimination laws in all other areas (Incl. indirect discrimination, hate speech) |
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| Same-sex marriages | (Consitutional ban since 2023)
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| Recognition of same-sex couples |
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| Stepchild adoption by same-sex couples |
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| Joint adoption by same-sex couples |
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| LGBT people allowed to serve openly in the military | Has no military |
| Right to change legal gender | 
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| Access to IVF for lesbians |
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| Commercial surrogacy for gay male couples |
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| MSMs allowed to donate blood |
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