Lesbian, gay, bisexual and transgender (LGBT) people in Tuvalu face challenges not faced by non-LGBT people. 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 Sexual orientation is an enduring pattern of romantic or sexual attraction (or a combination of these) to persons of the opposite sex or gender, the same sex or gender, or to both sexes or more than one gender. These attractions are generall ...

has been banned since 2017.

Tuvalu Tuvalu ( or ; formerly known as the Ellice Islands) is an island country and microstate in the Polynesian subregion of Oceania in the Pacific Ocean. Its islands are situated about midway between Hawaii and Australia. They lie east-nor ...

is home to a traditional

transgender A transgender (often abbreviated as trans) person is someone whose gender identity or gender expression does not correspond with their sex assigned at birth. Many transgender people experience dysphoria, which they seek to alleviate through ...

population, called the , or ''pina'', who historically played certain societal and communal roles. 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 The United Nations (UN) is an intergovernmental organization whose stated purposes are to maintain international peace and security, develop friendly relations among nations, achieve international cooperation, and be a centre for harmoniz ...

, condemning violence and discrimination against LGBT people.

History

Tuvalu, much like the rest of

Polynesia Polynesia () "many" and νῆσος () "island"), to, Polinisia; mi, Porinihia; haw, Polenekia; fj, Polinisia; sm, Polenisia; rar, Porinetia; ty, Pōrīnetia; tvl, Polenisia; tkl, Polenihia (, ) is a subregion of Oceania, made up of ...

, used to be tolerant of same-sex relationships and transgender people before the arrival of the Europeans and Christianity. 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. People who are assigned male at birth but live and behave as women are called , or ''pina'', in Tuvalu, and historically had certain societal roles, such as basket weaving. They were also known for their talent to elaborate dance ceremonies. 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.

Legality of same-sex sexual activity

The Penal Code prohibits male homosexual and heterosexual anal intercourse. According to the

United States Department of State The United States Department of State (DOS), or State Department, is an United States federal executive departments, executive department of the Federal government of the United States, U.S. federal government responsible for the country's fore ...

, there were no reports of prosecution of consenting adults under these provisions. The age of consent for heterosexual vaginal sex and lesbian sex is 15.

Penal Code

*Section 153: Unnatural offences 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. *Section 154: Attempts to commit unnatural offences and indecent assault 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. *Section 155: Indecent practices between males 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.

Recognition of same-sex relationships

Tuvalu does not recognize

same-sex marriage Same-sex marriage, also known as gay marriage, is the marriage of two people of the same sex or gender. marriage between same-sex couples is legally performed and recognized in 33 countries, with the most recent being Mexico, constituting ...

civil union A civil union (also known as a civil partnership) is a legally recognized arrangement similar to marriage, created primarily as a means to provide recognition in law for same-sex couples. Civil unions grant some or all of the rights of marriage ...

s. The ''Marriage Act (Cap 29)'' ( tvl, 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.

Discrimination protections

The ''Labour and Employment Relations Act 2017'' bans discrimination based on sexual orientation. 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.

Statistics

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. According to 2017 estimates from

UNAIDS The Joint United Nations Programme on HIV and AIDS (UNAIDS) (, ONUSIDA) is the main advocate for accelerated, comprehensive and coordinated global action on the HIV/AIDS pandemic. The mission of UNAIDS is to lead, strengthen and support an ...

, there were about 300

men who have sex with men Men who have sex with men (MSM) are male persons who engage in sexual activity with members of the same sex. The term was created in the 1990s by epidemiologists to study the spread of disease among all men who have sex with men, regardless of ...

(MSM) in the country, and about 40 (transgender people).

Summary table

References

{{DEFAULTSORT:Lgbt Rights In Tuvalu LGBT in Tuvalu

Politics of Tuvalu Law of Tuvalu