Pacific/Oceania

Countries where Homosexuality is still a Crime

(in alphabetical order)

In the Pacific/Oceania region, there are 7 countries that still criminalise homosexuality. Of these 2 have ratified the ICCPR, and none have submitted themselves to the jurisdiction of the UN Human Rights Committee by ratifying the Optional Protocol to the ICCPR.

 

State

 

 

Domestic law[*]

 

Penalty

 

Ratified International Covenant on Civil and Political Rights (ICCPR)[†]

 

Ratified Optional Protocol to the ICCPR[†]

 

Cook Islands

Cook Islands 

Crimes Act 1969

Section 154: Indecency between males

“(1) Every one is liable to imprisonment for a term not exceeding five years who, bring a male,-

(a) Indecently assaults any other male; or

(b) Does any indecent act with or upon any other male; or

(c) Induces or permits any other male to do any indecent act with or upon him.

(2) No boy under the age of fifteen years shall be charged with committing or being a party to an offence against paragraph (b) or paragraph (c) of subsection (1) of this section, unless the other male was under the age of twenty-one years.

(3) It is not defence to a charge under this section that the other party consented.”

Imprisonment for up to 5 years

Section 155: Sodomy

“(1) Every one who commits sodomy is liable-(a) Where the act of sodomy is committed on a female, to imprisonment for a term not exceeding fourteen years;

(b) Where the act of sodomy is committed on a male, and at the time of the act that male is under the age of fifteen years and the offender is of over the age of twenty-one years, to imprisonment for a term not exceeding fourteen years;

(c) In any other case, to imprisonment for a term not exceeding seven years.

(2) This offence is complete upon penetration.

(3) Where sodomy is committed on any person under the age of fifteen years he shall not be charged with being a party to that offence, but he may be charged with being a party to an offence against section 154 of this Act in say case to which that section is applicable.

(4) It is no defence to a charge under this section that the other party consented.”

Imprisonment for a term of:(a) up to 14 years if committed on a female;(b) up to 14 years if committed on a male under the age of 15 years and if the offender is over the age of 21 years;(c) up to 7 years in any other case.

Kiribati

Kiribati 

Penal Code [Cap 67] Revised Edition 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.”

Imprisonment for 14 years

Section 154: Attempts 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.”

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.”

Imprisonment for 5 years

Papua New Guinea

Papua New Guinea 

Criminal Code 1974, as amended in 2002

Section 210: Unnatural Offences

“(1) A person who–

(a) sexually penetrates any person against the order of nature; or

(b) sexually penetrates an animal; or

(c) permits a male person to sexually penetrate him or her against the order of nature, is guilty of a crime.

Imprisonment for up to 14 years

21 Jul 2008

(2) A person who attempts to commit an offence against Subsection (1) is guilty of a crime. Imprisonment for up to 7 years
Section 212: Indecent Practices Between Males“(1) A male person who, whether in public or private–(a) commits an act of gross indecency with another male person; or(b) procures another male person to commit an act of gross indecency with him; or

(c) attempts to procure the commission of any such act by a male person with himself or with another male person, is guilty of a misdemeanour.

Imprisonment for up to 3 years

Samoa

 Samoa

Crimes Act 2013 No. 10

Section 67: Sodomy

“(1) A person who commits sodomy is liable:

(a) where the act of sodomy is committed on a female, to imprisonment for a term not exceeding seven (7) years; or

(b) where the act of sodomy is committed on a male, and at the time of the act that male is under the age of 16 years and the offender is of or over the age of 21 years, to imprisonment for a term not exceeding seven (7) years; or

(c) in any other case, to imprisonment for a term not exceeding five (5) years.

(2) Sodomy is complete upon penetration.
(3) It is no defence to a charge under this section that the other party consented.”
Imprisonment for up to 7 years if committed on a female.Imprisonment for up to 7 years if committed on a male under the age of 16 years and if the offender is over the age of 21Otherwise, imprisonment for up to 5 years.

15 Feb 2008

Section 68: Attempts to commit sodomy

“A person is liable to imprisonment for a term not exceeding five (5) years who:

(a) attempts to commit sodomy; or
(b) assaults any person with intent to commit sodomy”
Imprisonment for up to 5 years

Solomon Islands

Solomon Islands 

Penal Code (Revised Edition 1996)

Section 160: 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 fourteen years.”

Imprisonment for 14 years

Section 161: Attempts to commit unnatural offences

“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 indecent assaults upon any male person shall be guilty of a felony, and shall be liable to imprisonment for seven years.”

Imprisonment for 7 years
Section 162: Indecent practices between persons of the same sex (Inserted by Act 9 of 1990, s. 2)

“Any person who, whether in public or private –

(a) commits any act of gross indecency with another of the same sex;

(b) procures another of the same sex to commit any act of gross indecency; or

(c) attempts to procure the commission of any act of gross indecency by persons of the same sex, shall be guilty of a felony and be liable to imprisonment for five years.”

Imprisonment for 5 years

Tonga

Tonga 

Criminal Offences Act 1988 Revised Edition

Section 136: Sodomy and bestiality

“Whoever shall be convicted of the crime of sodomy with another person or bestiality with any animal shall be liable at the discretion of the Court to be imprisoned for any period not exceeding ten years and such animal shall be killed by a public officer.” (Substituted by Act 9 of 1987.)

Imprisonment for up to 10 years

Section 139: Attempted sodomy, indecent assault upon a male

“Whoever shall attempt to commit the said abominable crime of sodomy or shall be guilty of an assault with intent to commit the same or of any indecent assault upon any male person shall be liable at the direction of the Court to imprisonment for any term not exceeding 10 years.”

Section 140: Evidence

“On the trial of any person upon a charge of sodomy or carnal knowledge it shall not be necessary to prove the actual emission of seed but the offence shall be deemed complete on proof of penetration only.”

Imprisonment for up to 10 years
Section 142: Whipping for certain offences

“Whenever any male person shall be convicted of any offence against sections 106, 107, 115, 118, 121, 122, 125, 132, 136 and 139 of this Act the Court may, in its discretion 
in lieu of or in addition to any sentence of imprisonment authorised under this Act order the person so convicted to be whipped in accordance with the provisions of section 31 of this Act.” (Substituted by Act 9 of 1987.)

Whipping may be added to any sentence of imprisonment

Tuvalu

Tuvalu 

Penal Code Revised Edition 2008

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.”

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 proceeding 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.”

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.” Imprisonment for 5 years

 


[*]           Data and unofficial translations of laws are sourced from Lucas Paoli Itaborahy and Jingshu Zhu, State Sponsored Homophobia Report, (International Lesbian, Gay, Bisexual, Trans and Intersex Association, 6th ed, May 2013.

[†]           Office of the High Commissioner for Human Rights, United Nations, ‘Ratification status by country or by treaty’ <http://tbinternet.ohchr.org/_layouts/TreatyBodyExternal/Treaty.aspx?Treaty=CCPR&Lang=en&gt;

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