Kiribati

Same-sex sexual activity is prohibited under the Penal Code 1977, which criminalises acts of ‘buggery’ and ‘gross indecency’. These provisions carry a maximum penalty of fourteen years’ imprisonment. Only men are criminalised under this law.

The law was inherited from the British during the colonial period, in which the English criminal law was imposed upon Kiribati. Kiribati retained the provision upon independence in 1979 and continues to criminalise same-sex sexual activity today.

There is no evidence of the law being enforced for many years, and it appears to be largely obsolete in practice. Nevertheless, the mere existence of this provision is itself a violation of human rights and underpins further acts of discrimination (see further). There have been few reports of discrimination and violence being committed against LGBT people in Kiribati in recent years.

2017

Important changes were made to sexual offences laws by the Penal Code (Amendment) and the Criminal Procedure Code (Amendment) Act 2017 (see more), however, the provisions criminalising same-sex sexual activity remain in place.

2016

Kiribati was one of just two countries (the other being Sri Lanka) that currently criminalise homosexuality to vote against a bid to revoke the mandate of the UN Independent Expert on the protection against violence and discrimination based on sexual orientation and gender identity.

2020

The US Department of State report found that there have been no reports of prosecutions under the law for “many years”.

2015

The national report submitted during Kiribati’s second UPR cycle explained that there hadn’t been any prosecutions under the buggery law.

2021

In July, a blog by the co-founder of local LGBT organisation BIMBA noted that the organisation was set up to amplify the voices of the local binabinaine population who are subjected to constant “social discrimination, hatred, and stigma.”

2020

The US Department of State report noted that “social stigma and the inaccessibility of government services” may prevent reporting of discrimination and violence.

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