BIMBA
an organisation advocating for the local ‘binabinaine’ community.
Types of criminalisation
- Criminalises LGBT people
- Criminalises sexual activity between males
Summary
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.
Law and Legal Developments
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.
2014
In April, the government rejected a private member’s bill to amend the Constitution to include sex, gender and sexual orientation as grounds for discrimination.
Criminal Provisions
Penal Code 1977, Section 153 Unnatural Offences
Section 153 criminalises ‘buggery’ between men, with a penalty of 14 years imprisonment.
Penal Code 1977, Section 154 Attempt to Commit Unnatural Offences and Indecent Assaults
Section 154 criminalises attempts to commit ‘buggery’, or any ‘indecent assault’ upon a male person, with a penalty of seven years imprisonment.
Penal Code 1977, Section 155 Indecent Practices Between Males
Section 155 prohibits acts of ‘gross indecency’ between males, or the procurement or attempted procurement thereof, with a penalty of five years imprisonment.
Sexual Offence Law Assessment
We’ve also assessed Kiribati’s sexual offence laws against international human rights standards. Kiribati made some important positive changes to its sexual offence provisions in 2017, however it continues to criminalise same-sex sexual activity and fails to fully protect women and children from sexual offences.
Enforcement
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.
Discrimination and Violence
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.
References
1. Penal Code 1977, Section 153 Unnatural Offences
“Any person who-
(a) commits buggery with another person or with an animal; or
(b) 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.” Full text.
2. Penal Code 1977, Section 154 Attempt to Commit Unnatural Offences and Indecent Assaults
“Any person who attempts to commit any of the offences it 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.” Full text.
3. Penal Code 1977, 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.” Full text.
Local Organisations
Pacific Community Human Rights and Social Development Division
a regional human rights organisation working to advance the rights of all people, including LGBT people in the Pacific.
Pacific Sexual and Gender Diversity Network
a regional network advocating for the rights of LGBT people across the Pacific.
Related Countries
Samoa
Samoa criminalises same-sex sexual activity between men. Sentences include a maximum penalty of five years’ imprisonment.
Tuvalu
Tuvalu criminalises same-sex sexual activity between men. Sentences include a maximum penalty of fourteen years’ imprisonment.
Tonga
Tonga criminalises same-sex sexual activity between men and between women. Sentences include a maximum penalty of ten years’ imprisonment.
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