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.

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.

2020

The US Department of State report, like previous iterations of this report, found that there were no reports that the government enforced the law.

2020

The US Department of State report 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 recent years.