Oceania is, like other regions, quite diverse in its laws regarding LGBT rights. This ranges from significant rights, including same-sex marriage – granted to the LGBT+ community in New Zealand, Australia, Guam, Hawaii, Easter Island, Northern Mariana Islands, Wallis and Futuna, New Caledonia, French Polynesia and the Pitcairn Islands – to remaining criminal penalties for homosexual activity in six countries and one territory.[1] Although acceptance is growing across the Pacific, violence and social stigma remain issues for LGBT+ communities.[2] This also leads to problems with healthcare, including access to HIV treatment in countries such as Papua New Guinea and the Solomon Islands where homosexuality is criminalised.[3]
LGBT rights in Oceania | |
---|---|
![]() Marriage performed
Recognition of marriages performed elsewhere in country (American Samoa)
No recognition of same-sex couples
Constitutional limit on marriage (Palau)
Unenforced ban on same-sex sexual activity | |
Status | Legal, with an equal age of consent, in 9 out of 15 countries Legal, with an equal age of consent, in 11 out of 12 territories |
Gender identity | Legal in 3 out of 15 countries Legal in 7 out of 12 territories |
Military | Allowed to serve openly in 2 out of 6 countries having an army Allowed in all 12 territories |
Discrimination protections | Protected in 7 out of 15 countries Protected in 8 out of 12 territories |
Family rights | |
Recognition of relationships | Recognized in 2 out of 15 countries Recognized in 8 out of 12 territories |
Restrictions | Same-sex marriage constitutionally banned in 1 out of 15 countries |
Adoption | Legal in 2 out of 15 countries Legal in 7 out of 12 territories |
The United Kingdom introduced conservative social attitudes and anti-LGBT laws throughout the British Empire, including its colonies throughout the Pacific Ocean.[4] This legacy persists in anti-LGBT laws found in a majority of countries in the subsequent Commonwealth of Nations. Opponents of LGBT rights in Oceania have justified their stance by arguing it is supported by tradition and that homosexuality is a "Western vice", although anti-LGBT laws themselves are a colonial British legacy.[4] Several Pacific countries have ancient traditions predating colonisation that reflect a unique local perspective of sexuality and gender, such as the fa'afafine in Samoa and fakaleiti in Tonga.[4][5]
Legislation by country or territory
Australasia
editLGBT rights in: | Same-sex sexual activity | Recognition of same-sex unions | Same-sex marriage | Adoption by same-sex couples | LGBT people allowed to serve openly in military? | Anti-discrimination laws concerning sexual orientation | Laws concerning gender identity/expression |
---|---|---|---|---|---|---|---|
Australia (including territories of Christmas Island, the Cocos (Keeling) Islands and Norfolk Island) |
Always legal for women. Male legal in some states and territories since 1975, nationwide since 1997. Tasmania was the last state to legalise male homosexuality; Equal age of consent in some states and territories since 1975, nationwide since 2016. + UN decl. sign.[1] |
Unregistered cohabitation nationally since 2009; Domestic partnerships in Tasmania (2004),[6] South Australia (2007),[7] Victoria (2008),[8] New South Wales (2010),[9] and Queensland (2012);[10] Civil unions in the Australian Capital Territory (2012)[11] |
Legal since 2017[12] | Legal nationwide since 2018 | Gay men and lesbians since 1992[13]; Transgender and intersex people since 2010[14] | Bans all anti-gay discrimination.[15] | Different regulations within each jurisdiction on change of sex. NSW explicitly legally requires sexual reassignment surgery to change sex on a birth certificate, since 1996.[16][17] |
New Zealand | Legal since 1986 + UN decl. sign.[1] |
Unregistered cohabitation since 2002; Civil unions since 2005 |
Legal since 2013[18] | Legal since 2013[18] | Since 1993; Includes transgender people[19] | Bans all anti-gay discrimination | Covered under the "sex discrimination" provision of the Human Rights Act 1993; From July 2023, change of sex on a birth certificate by self-determination.[20][21] |
Melanesia
editLGBT rights in: | Same-sex sexual activity | Recognition of same-sex unions | Same-sex marriage | Adoption by same-sex couples | LGBT people allowed to serve openly in military? | Anti-discrimination laws concerning sexual orientation | Laws concerning gender identity/expression |
---|---|---|---|---|---|---|---|
Fiji | Legal since 2010 + UN decl. sign.[22][1] |
Bans all anti-gay discrimination[1] Pathologization or attempted treatment of sexual orientation by mental health professionals illegal since 2010 |
|||||
Indonesia | Legal (except in Aceh)[1][23] | Limited protection following legal process by the authorities.[24] | Transgender people allowed to change legal gender, but only after sex reassignment surgery. | ||||
New Caledonia (Special collectivity of France) |
Legal (No laws against same-sex sexual activity have ever existed in the collectivity) + UN decl. sign.[1] |
Civil solidarity pact since 2009[25] | Legal since 2013 | Legal since 2013 | France responsible for defence | Bans all anti-gay discrimination | Under French law |
Papua New Guinea | Male illegal Penalty: 3 to 14 years imprisonment (Not enforced, Legalization proposed). Female always legal[1] |
||||||
Solomon Islands | Illegal Penalty: Up to 14 years imprisonment (Not enforced, Legalization proposed).[1] |
Has no military | [26] | ||||
Vanuatu | Legal (No laws against same-sex sexual activity have ever existed since independence[27]) + UN decl. sign.[1] |
Bans some anti-gay discrimination |
Micronesia
editLGBT rights in: | Same-sex sexual activity | Recognition of same-sex unions | Same-sex marriage | Adoption by same-sex couples | LGBT people allowed to serve openly in military? | Anti-discrimination laws concerning sexual orientation | Laws concerning gender identity/expression | Lack of a Presence of Anti-LGBT laws |
---|---|---|---|---|---|---|---|---|
Guam (Unincorporated territory of the United States) |
Legal since 1978 | Since 2015 | Legal since 2015 | Legal since 2002 | United States responsible for defense[28][29] | Bans some anti-gay discrimination | Allowed to legally change gender, but requires sex reassignment surgery | |
Micronesia | Legal + UN decl. sign.[1] |
Has no military | Bans all anti-gay discrimination[30] | |||||
Kiribati | Male illegal Penalty: 5-14 years imprisonment (Not enforced, Legalization proposed). Female legal[1] |
Has no military | Bans some anti-gay discrimination | |||||
Marshall Islands | Legal since 2005 + UN decl. sign.[1] |
Has no military | Bans all anti-gay discrimination[31] | |||||
Nauru | Legal since 2016[32][33] + UN decl. sign. |
Has no military | Pathologization or attempted treatment of sexual orientation by mental health professionals illegal since 2016 |
|||||
Northern Mariana Islands (Unincorporated territory of the United States) |
Legal since 1983 | Since 2015 | Legal since 2015 | Legal since 2015 | United States responsible for defense[28][29] | Bans some anti-gay discrimination[34][35] | Under the Vital Statistics Act of 2006 | |
Palau | Legal since 2014 + UN decl. sign.[36] |
Constitutional ban since 2008 | Has no military | |||||
United States Minor Outlying Islands (Unincorporated territories of the United States) |
Legal | Legal | Legal | United States responsible for defense[28][29] |
Polynesia
editLGBT rights in: | Same-sex sexual activity | Recognition of same-sex unions | Same-sex marriage | Adoption by same-sex couples | LGBT people allowed to serve openly in military? | Anti-discrimination laws concerning sexual orientation | Laws concerning gender identity/expression |
---|---|---|---|---|---|---|---|
American Samoa (Unincorporated territory of the United States)[37] |
Legal since 1980 | / Same-sex marriages recognized but not performed under Respect for Marriage Act since 2022. | / Same-sex marriages recognized but not performed under Respect for Marriage Act since 2022.[38] | United States responsible for defense[28][29] | [39] | ||
Cook Islands (Part of the Realm of New Zealand) |
Legal since 2023 + UN decl. sign.[1] |
New Zealand responsible for defence | Bans some anti-gay discrimination[40] | ||||
Easter Island (Special territory of Chile) |
Legal since 1999 + UN decl. sign.[1] |
Civil unions since 2015[41] | Since 2022[42] | Since 2022[42] | Chile responsible for defence[43][44] | Bans all anti-gay discrimination[45] Pathologization or attempted treatment of sexual orientation by mental health professionals illegal since 2021 |
Transgender persons can change their legal gender and name since 1974. No surgeries or judicial order since 2019.[46] |
French Polynesia (Overseas collectivity of France) |
Legal (No laws against same-sex sexual activity have ever existed in the collectivity) + UN decl. sign.[1] |
Since 2013 | Legal since 2013 | Legal since 2013 | France responsible for defence | Bans all anti-gay discrimination | Under French law |
Hawaii (Constituent state of the United States) |
Since 1972 | Since 1997 | Since 2013 | Since 2012 | United States responsible for defence | Bans all anti-gay discrimination | |
Niue (Part of the Realm of New Zealand) |
Male illegal Penalty: 5-10 years imprisonment. (Not enforced, Legalization proposed).[47] Female legal + UN decl. sign.[1] |
New Zealand responsible for defence | |||||
Pitcairn Islands (Overseas Territory of the United Kingdom) |
Legal since 2001 + UN decl. sign.[1] |
Since 2015 | Legal since 2015[48] | Legal since 2015[49] | UK responsible for defence | Constitutional ban on all anti-gay discrimination[50] | |
Samoa | Male illegal Penalty: 5-7 years imprisonment (Not enforced). Legalization proposed Female always legal + UN decl. sign.[1] |
Has no military | Bans some anti-gay discrimination[51] Pathologization or attempted treatment of sexual orientation by mental health professionals illegal since 2007 |
Samoa has a large transgender or "third-gender" community called the fa'afafine. They are a recognized part of traditional Samoan customs. | |||
Tokelau (Dependent territory of the Realm of New Zealand) |
Legal since 2003[52] + UN decl. sign.[1] |
New Zealand responsible for defence | |||||
Tonga | Male illegal Penalty: Up to 10 years imprisonment (Not enforced, Legalization proposed). Female always legal[1] |
||||||
Tuvalu | Male illegal Penalty: Up to 14 years imprisonment (Not enforced). Legalization proposed Female legal + UN decl. sign.[1] |
Consitutional ban since 2023 | Has no military | Bans some anti-gay discrimination | |||
Wallis and Futuna (Overseas collectivity of France) |
Legal (No laws against same-sex sexual activity have ever existed in the collectivity) + UN decl. sign.[1] |
Civil solidarity pact since 2009 | Legal since 2013 | Legal since 2013 | France responsible for defence | Bans all anti-gay discrimination | Under French law |
See also
editReferences
edit- ^ a b c d e f g h i j k l m n o p q r s t u v w "State Sponsored Homophobia 2016: A world survey of sexual orientation laws: criminalisation, protection and recognition" (PDF). International Lesbian, Gay, Bisexual, Trans and Intersex Association. 17 May 2016. Retrieved 19 May 2016.
- ^ "Gay rights in the Pacific – what still needs to be done?". Asia Pacific Report. Pacific Media Centre. 30 August 2015. Retrieved 15 January 2018.
- ^ Gerber, Paula (14 May 2014). "Why the Pacific islands are no gay paradise". Monash University. Retrieved 15 January 2018.
- ^ a b c Smith, Harriet (31 October 2016). "Australia's marriage-equality debate reverberates through the Pacific". The Interpreter. Lowy Institute. Archived from the original on 15 June 2018. Retrieved 15 January 2018.
- ^ Hopgood, Sela Jane (18 August 2017). "Cooks bill puts spotlight on Pacific's anti-gay laws". Radio New Zealand Pacific News. Radio New Zealand. Retrieved 15 January 2018.
- ^ "Relationships Act 2003". Tasmanian Legislation. Retrieved 14 September 2012.
- ^ "South Australia gays get new rights by Tony Grew (7 December 2006)". pinknews.com.au. Retrieved 3 September 2007.
- ^ Relationships Act 2008 (Vic)
- ^ "Massive support for register". Star Observer. 13 May 2010. Retrieved 14 September 2012.
- ^ Agius, Kym (1 December 2011). "Bligh asks ALP to support gay marriage". Retrieved 14 September 2012.
- ^ "Civil Unions Bill 2011". ACT Government. Retrieved 14 September 2012.
- ^ Chang, Charis (8 December 2017). "Same-sex marriage is now legal in Australia". news.com.au. Retrieved 8 December 2017.
- ^ "Australia Ends a Prohibition On Homosexuals in Military". query.nytimes.com. 24 November 1992.
- ^ Sweijs, Tim. "LGBT Military Personnel: a Strategic Vision for Inclusion". hcss.nl. The Hague Centre for Strategic Studies. Retrieved 4 November 2020.
- ^ "Sex Discrimination Amendment (Sexual Orientation, Gender Identity and Intersex Status) Bill 2013". aph.gov.au.
- ^ "Change of sex". NSW Government. Archived from the original on 27 October 2021. Retrieved 24 May 2024.
- ^ McCormack, Madura (15 June 2023). "Qld passes laws to change gender on birth certificate without surgery". Courier Mail. Archived from the original on 21 July 2023. Retrieved 24 May 2024.
- ^ a b "Marriage equality Bill officially signed into law". gaynz.com. 19 April 2013.
- ^ Sweijs, Tim. "LGBT Military Personnel: a Strategic Vision for Inclusion". hcss.nl. The Hague Centre for Strategic Studies. Retrieved 4 November 2020.
- ^ "New Zealand passes law making it easier to change sex on birth certificates". The Guardian. 9 December 2021.
- ^ "Births, Deaths, Marriages, and Relationships Registration Bill". New Zealand Parliament. Archived from the original on 5 December 2017. Retrieved 24 May 2024.
- ^ Chand, Shalveen (26 February 2010). "Same sex law decriminalised". Fiji Times. Archived from the original on 22 August 2011. Retrieved 6 October 2011.
- ^ "Satpol PP Palembang, Ungkap Sering Temukan Pasangan LGBT, Tapi Sulit Ditindak". Sripoku.com. 6 February 2020.
- ^ Rongiyati, Sulasi (November 2015). "Surat Edaran Kapolri Tentang Ujaran Kebencian: Menjaga Kebebasan Berpendapat Dan Harmonisasi Kemajemukan" (PDF). Info Singkat. 7 (21): 1–4. ISSN 2088-2351.
- ^ "NEW CALEDONIA CATCHES UP TO FRANCE". Star Observer. 9 June 2009.
- ^ Verheyen, Vincent. "Sexual orientation [LGBTQ+] and the draft of the new Solomon Islands Constitution". Retrieved 3 March 2016.
- ^ "Submission to the UN Universal Periodic Review regarding the protection of the rights of LGBTI persons in Vanuatu" (PDF). Kaleidoscope Human Rights Foundation and the VPride Foundation. Retrieved 5 April 2021.
- ^ a b c d "In 60 days, gays will be allowed to serve openly in the military". CNN. 23 July 2011.
- ^ a b c d "Beginning today, transgender individuals can join the US military". ABC News. 1 January 2018.
- ^ "Act No 20-150" (PDF). Federated States of Micronesia. Archived from the original (PDF) on 15 December 2018. Retrieved 24 May 2024.
- ^ "GENDER EQUALITY ACT, 2019" (PDF). 2019. Archived from the original (PDF) on 11 January 2021. Retrieved 24 May 2024.
- ^ "Nauru decriminalises homosexuality". RNZ. 27 May 2016. Archived from the original on 1 June 2016. Retrieved 24 May 2024.
- ^ "Crimes Act 2016". Ronlaw. 2016. Archived from the original on 7 August 2016. Retrieved 24 May 2024.
- ^ "CHAPTER 90-40 MARIANAS VISITORS AUTHORITY PERSONNEL REGULATIONS" (PDF).
- ^ "TITLE 10 CIVIL SERVICE COMMISSION" (PDF). Commonwealth Law Revision Commission. 2016. Archived from the original (PDF) on 15 December 2018. Retrieved 24 May 2024.
- ^ "Palau decriminalises sex between men". Gay NZ. 15 October 2014. Archived from the original on 18 October 2014. Retrieved 24 May 2024.
- ^ "Sodomy Laws American Samoa". Sodomylaws.org. 28 March 2004. Archived from the original on 19 February 2012. Retrieved 21 December 2008.
- ^ Sagapolutele, Fili. "American Samoa is lone US territory questioning gay marriage validity; no licenses sought". USNews. Retrieved 10 July 2015.
- ^ "American Samoa". National Center for Transgender Equality.
- ^ "Employment Relations Act 2012" (PDF). intaff.whupi.com. 2012.
- ^ "LEY-20830 21-ABR-2015 MINISTERIO SECRETARIA GENERAL DE GOBIERNO - Ley Chile - Biblioteca del Congreso Nacional". 21 April 2015.
- ^ a b Bonnefoy, Pascale; Londoño, Ernesto (7 December 2021). "Chile Legalizes Same-Sex Marriage at Fraught Political Moment". The New York Times. ISSN 0362-4331. Retrieved 7 December 2021.
- ^ (in Spanish) Claudio Ortiz Lazo. "Reflexiones en torno a la homosexualidad y fuerzas armadas". Revista Fuerzas Armadas y Sociedad. Retrieved 21 April 2012.
- ^ Chile, C. N. N. "Histórico: Ejército admite por primera vez en sus filas a un hombre trans". CNN Chile (in Spanish). Retrieved 2 February 2021.
- ^ "Chile Congress passes anti-discrimination law". Jurist.org. 5 April 2012. Retrieved 29 June 2012.
- ^ "Chilean President Signs Transgender Rights Law". On Top Magazine.
- ^ "Criminal Law Code" (PDF). Niue Legislation 2019 Volume 1. p. 542.
- ^ "Pitcairn Island: Same Sex Marriage and Civil Partnership Ordinance 2015". Equality Case Files. Archived from the original on 23 June 2015. Retrieved 24 May 2024.
- ^ "Laws - PITCAIRN". GayLawNet. Archived from the original on 23 June 2015. Retrieved 24 May 2024.
- ^ "The Pitcairn Constitution Order 2010" (PDF). Pitcairn Islands. 2010. Archived from the original (PDF) on 18 July 2011. Retrieved 24 May 2024.
- ^ "Labour and Employment Relations Act 2013" (PDF). parliament.gov.ws.
- ^ "Crimes, Procedure and Evidence Rules 2003". PacLii. Retrieved 9 April 2021.