LGBT rights in Kiribati


Lesbian, gay, bisexual, and transgender persons in Kiribati face legal challenges not experienced by non-LGBT residents. Male homosexuality is illegal in Kiribati with a penalty of up to 14 years in prison, but the law is not enforced. Female homosexuality is legal, but lesbians may face violence and discrimination. Despite this, employment discrimination on the basis of sexual orientation has been prohibited since 2015.
In November 2016, Kiribati voted against a plan to get rid of the UN Independent Expert on violence and discrimination based on sexual orientation and gender identity at the United Nations General Assembly. The push to get rid of the UN expert failed in an 84–77 vote. As the voting was on an amendment to block an anti-LGBT proposal, a vote in favor was a vote for keeping the special rapporteur on protection against violence and discrimination based on sexual orientation and gender identity. Kiribati along with Sri Lanka were the only two countries, where homosexuality is still criminalised, who voted this way.

History

Kiribati is home to a traditional transgender population. The Gilbertese word binabinaaine refers to people who were assigned male at birth but act, dress and behave as female, while the word binabinamane has the opposite meaning, that being a person who was assigned female at birth but behaves as male. People who live as these gender roles have traditionally been accepted by Kiribati society, and are not perceived as immoral or disordered, but as belonging to a third gender alongside male and female.

Laws regarding same-sex sexual activity

Sections 153, 154, and 155 of the Penal Code outlaw anal intercourse regardless of sex. There are no reports of prosecutions directed against LGBT people under these laws.
153. Unnatural Offences
154. Attempts to commit unnatural offences and indecent assaults
155. Indecent practices between males

Decriminalisation efforts

In August 2015, as part of the Universal Periodic Review, Kiribati's human rights record was scrutinised by other countries. France, Slovenia and Chile urged Kiribati to repeal its laws against homosexuality. The Kiribati delegation made no response to these recommendations.

Recognition of same-sex relationships

The Marriage Act does not expressly forbid the recognition of same-sex marriages, but generally assumes the partners to be of the opposite sex. The law's "restrictions on marriage" section forbids marriages with family relatives, marriage where either party is below the age of 16 and bigamy. The Magistrate's Court has the legal power to void and dissolve marriages.

Discrimination protections

Discrimination against employees and prospective employees based on "sexual orientation" is prohibited under Article 107 of the Employment and Industrial Relations Code 2015.
The Constitution of Kiribati does not expressly address discrimination based on sexual orientation or gender identity. Article 15, entitled "Protection from discriminarion on the grounds of race, etc", states: