Lesbian, gay, bisexual and transgender people in Tuvalu face challenges not faced by non-LGBT people. Sections 153, 154 and 155 of the Penal Code outlaw male homosexual intercourse with a penalty of up to 14 years in prison, but the law is not enforced. Employment discrimination on the basis of sexual orientation has been banned since 2017. Tuvalu is home to a traditional transgender population, called the pinapinaaine, who historically played certain societal and communal roles. In 2011, Tuvalu signed the "joint statement on ending acts of violence and related human rights violations based on sexual orientation and gender identity" at the United Nations, condemning violence and discrimination against LGBT people.
History
Tuvalu, much like the rest of Polynesia, used to be tolerant of same-sex relationships and transgender people before the arrival of the Europeans and Christianity. Bisexual relations were also quite commonplace among the islands, as many island kings kept both male and female partners in their royal huts for intimate relations. People who are assigned male at birth but live and behave as women are called pinapinaaine in Tuvalu, and historically had certain societal roles, such as basket weaving. They were also known for their talent to elaborate dance ceremonies. Nowadays, the pinapinaaine are still often seen in Tuvalu.
Any person who — commits buggery with another person or with an animal; or permits a male person to commit buggery with him or her, shall be guilty of a felony, and shall be liable to imprisonment for 14 years.
Section 154: Attempts to commit unnatural offences and indecent assault
Any person who attempts to commit any of the offences specified in the last preceding section, or who is guilty of any assault with intent to commit the same, or any indecent assault upon any male person shall be guilty of a felony, and shall be liable to imprisonment for 7 years.
Section 155: 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, shall be guilty of a felony, and shall be liable to imprisonment for 5 years.
The Labour and Employment Relations Act 2017 bans discrimination based on sexual orientation. Workplace discrimination on the basis of "ethnic origin, race, colour, national extraction, social origin, social class or economic status; or gender, sex, pregnancy, marital status, sexual orientation or family responsibilities; or age, state of health, HIV/AIDS status, or disability; or religion or political opinion; or trade union membership or activity; or involvement in any dispute, an investigation or legal proceedings" is prohibited.
Statistics
According to a 2005 study, about 14% of young Tuvaluan men between the age of 15 and 24 had had sex with a male partner sometime in their lives. According to 2017 estimates from UNAIDS, there were about 300 men who have sex with men in the country, and about 40 pinapinaaine.
