Tuvalu

Same-sex sexual activity is prohibited under the Penal Code, 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 Tuvalu. Tuvalu retained the provision upon independence and continues to criminalise same-sex sexual activity today.

There is no evidence of the law being enforced, 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 Tuvalu, though this is likely attributable to the remoteness of the country and societal stigma which inhibits the availability of information.

2023

In September, the Parliament of Tuvalu approved various Constitutional amendments, including a Bill of Rights which guarantees freedom from discrimination on the basis of sex. However, the Constitution does not contain any explicit protection against non-discrimination on the basis of sexual orientation and gender identity.

The new amendments came into force in October.

2017

Tuvalu introduced the Labour and Employment Relations Act, which includes a prohibition on employment-based discrimination on grounds of sex and sexual orientation.

2015

In August, the United Nations launched a Pacific campaign against homophobia and transphobia. The initiative is a spin-off of the global United Nations Free & Equal Campaign led by the UN Human Rights Office. The launch event was attended by government representatives from Tuvalu.

2011

Tuvalu was a signatory to the 2011 Human Rights Council Joint Statement to end acts of violence based on Sexual Orientation and Gender Identity.

2023

During Tuvalu’s fourth Universal Periodic Review, Amnesty International reported that despite there being no evidence of the government enforcing the criminalising provisions, they need to be repealed to ensure the safety of LGBT people.

2022

The US Department of State Country Report on Human Rights Practices, found that there were no reports that the government enforced the laws criminalising consensual sexual activity between men. This finding has been consistent in previous reports.

2023

In light of Tuvalu’s Constitutional amendments, Amnesty International reported that the lack of protection against non-discrimination on the basis of sexual orientation and gender identity remains challenging for the country’s LGBT community.

During Tuvalu’s fourth Universal Periodic Review, the UN Special Rapporteur in the field of cultural rights expressed concern about the lack of any specific legal framework protecting LGBT people, and indicated that societal prejudices towards them remained. The United Nations country team recommended that Tuvalu amend or repeal laws that discriminated on the grounds of sexual orientation and gender identity and adopt policy and legal measures to combat such discrimination.

2022

The US Department of State Country Report on Human Rights Practices noted that there were no reports of violence on the basis of sexual orientation and gender identity during the year, but that social stigma or intimidation may inhibit reporting. This finding has been consistent in previous reports.

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