Nauru

Legal Code Summary

Criminal Code 1899.

Legal Code Text

Section 208. Unnatural Offences “Any person who: (1) Has carnal knowledge of any person against the order of nature; or (2) Has carnal knowledge of an animal; or (3) Permits a male person to have carnal knowledge of him or her against the order of nature; is guilty of a crime, and is liable to imprisonment with hard labour for fourteen years”

Section 209. Attempt to commit Unnatural Offences “Any person who attempts to commit any of the crimes defined in the last preceding section is guilty of a crime, and is liable to imprisonment with hard labour for seven years. The offender cannot be arrested without warrant.”

Section 211. 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, is guilty of a misdemeanour, and is liable to imprisonment with hard labour for three years.”

ILGA Analysis & Notes

Kiribati ‘noted’ (rejected) two recommendations to decriminalise, and four to include SOGI into its Constitutional provisions for non-discrimination in its 1st cycle UPR in May 2010. However, the State did attempt to explain its position: “Concerning the issue of sexual orientation, the delegation appreciated the existence of homosexuality and the need to include it as a prohibited discriminatory ground in the Constitution. However, the delegation reiterated the high threshold required in order to adopt an amendment to the Bill of Rights. The same would apply to the issue of discrimination against women” (para. 61). Local organisations reported that a Private Member’s Bill calling for such Constitutional inclusion was then rejected in the Parliament in 2014. In its 2nd cycle UPR in January 2015, Kiribati received recommendations from France, Slovenia, Chile, Canada and Uruguay to decriminalise same-sex sexual relations, and to ensure SOGI is a ground that is protected in anti-discrimination legislation. In the final Working Group report for Kiribati, there is no mention of the State’s reasons for rejecting (‘noted’) all SOGI- related recommendations. It is notable that the State created a Gender Equality and Women’s Development Policy in light of the problem it identified in its 2010 UPR (quoted above). Finally, Boutokaan, Inaomataia ao Mauriia Binabinaine Association (BIMBA), the first Kiribatian LGBT NGO, was founded in September 2016. The establishment of BIMBA is likely to lead to increased effort towards decriminalising same-sex sexual conduct and broader law reform in the country.