PACIFIC OCEANIA

Population: 26 million

Although laws vary by state and territory, Australia is one of the most accepting countries for LGBTQ+ people in the world

Timeline:

1890: Same-sex sexual activity between men ceases to be a capital crime with a punishment of death for people convicted of sodomy; life imprisonment replaces execution

1961: The Marriage Act defines marriage as “the union of 2 people to the exclusion of all others, voluntarily entered into for life”

1969: The country’s first gay rights group, Daughters of Bilitis, forms in Melbourne

1973: States begin to repeal sodomy laws

1997: The last sodomy laws in the country are repealed

2004: The Marriage Act is amended to recognise only unions between one man and one woman

2013: Discrimination on the basis of sexual orientation and gender identity or expression is prohibited in every state and territory, with concurrent federal protections for sexual orientation, gender identity and intersex status

2017: Same-sex marriage legalised; first legal same-sex marriage is held in December

Australian colonies inherited many of the anti-homosexual legislations of the British Empire such as the crime of “buggery” but starting in 1973, the states and territories repealed these laws with full federal decriminalisation coming after Tasmania decriminalised in 1997. Same-sex marriage took a similarly circuitous route, with a change to the Marriage Act in 2004 explicitly shutting out same-sex couples. Although various recognised relationship configurations such as civil partnerships were available to same-sex couples, same-sex marriage was legalised in 2017. LGBTQ+ Australians are protected by anti-discrimination laws.

Population: 17.5 thousand

The arrival of foreign Christian missionaries changed societal acceptance of LGBTQ+ people; the Cook Islands are still recovering

Timeline:

1969: Crimes Act criminalises male homosexual acts and imposes a sentence of up to seven years in prison

2000: Marriage Amendment Act criminalises same-sex marriage

2008: The Te Tiare Association, the only LGBTQ+ rights group in the Cook Islands, forms

2013: Employment discrimination on the basis of sexual orientation is banned

2017: Politicians begin publicising their intention to decriminalise male same-sex sexual activity but the relevant bills have been delayed and are still pending

As in many places across Polynesia, homosexuality and transgender identities existed in the Cook Islands but this changed with the arrival of Christian missionaries who worked to vilify LGBTQ+ people. Currently, though the law in rarely enforced, homosexuality is illegal for men. Female homosexual acts are legal. Same-sex marriage is illegal and LGBTQ+ cannot adopt or legally change their gender. The Cook Islands has limited anti-discrimination on the basis of sexual orientation in employment.

Population: 909.4 thousand

Although LGBTQ+ people in Fiji enjoy some protections against discrimination, the country, which has a strong Christian presence, has not legalised same-sex marriage

Timeline:

1997: Fiji becomes the second country, after South Africa, to explicitly protect against discrimination based on sexual orientation in its Constitution

2009: The Constitution is abolished

2010: The Crimes Decree makes private, adult, consensual and non-commercial male and female homosexual conduct legal

2013: The new Constitution bans discrimination based on sexual orientation and gender identity or expression

2016: Prime Minister Frank Bainimarama expressed his opposition to same-sex marriage, saying "there will be no same-sex marriage in Fiji"

2018: Fiji’s first Pride event

A majority of citizens affiliate with Methodist or Catholic denominations, which traditionally view same-sex sexuality and transgender identities negatively. These attitudes permeate Fijian society, particularly when it comes to same-sex marriage, which is still illegal in the country. Consensual same-sex sexual activity is legal and LGBTQ+ Fijians are protected on the basis of sexual orientation and gender identity from discrimination. Fiji has a traditional third gender population known as the vaka sa lewa lewa but Fijians cannot legally change their gender. Though rare, there have been some bias crimes against LGBTQ+ people.

Population: 123.4 thousand

Aside from employment discrimination protections on the basis of sexual orientation, people in Kiribati have no other protections and few rights; male homosexuality is illegal

Timeline:

1977: Penal Code makes male homosexuality illegal

2015: Employment discrimination on the basis of sexual orientation is prohibited

Male homosexuality is illegal though rarely enforced. Female homosexuality is legal, but lesbians may be subject to harassment. In 2015, the Kiribati government made employment discrimination on the basis of sexual orientation illegal but citizens don’t enjoy broader protections. LGBTQ+ people cannot marry or adopt. Kiribati is home to a traditional transgender population, called binabinaaine, but people in Kiribati cannot change their legal gender.  

Population: 10.9 thousand

In 2016, Nauru decriminalised same-sex sexual activity but LGBTQ+ Nauruans don’t have legal rights regarding marriage or adoption, or anti-discrimination protections

Timeline:

1921: Same-sex sexual activity is criminalised when the island adopts the 1899 Criminal Code of Queensland

1968: Nauru gains independence

2011: The Nauruan Government pledges to decriminalise same-sex sexual acts

2016: The Parliament of Nauru passes the Crimes Act 2016 which repeals the Criminal Code of 1899, legalising same-sex sexual activity

The small island nation of Nauru was formerly a German colony that fell under the administration of Australia in 1921. At this time it adopted the 1899 Criminal Code of Queensland which contains anti-sodomy laws. Male same-sex sexual activity was illegal and could be punishable by up to 14 years of imprisonment and hard labour, though by all accounts this was not enforced. In 2016, the Nauruan Parliament passed the Crimes Act which repealed the 1899 Criminal Code, including the anti-sodomy laws.

Although same-sex sexual conduct is now legal in Nauru, LGBTQ+ Nauruans do not have laws to address discrimination on account of sexual orientation or gender identity. Same-sex marriage and adoption by LGBTQ+ people is illegal, and there is no legal right to change gender markers. 

Population: 4.8 million

The colonial-era laws of New Zealand’s past have been repealed and it is now one of the most progressive countries in the world for LGBTQ+ rights and protections

Timeline:

1840: New Zealand become part of the British Empire and criminalises male same-sex sexual activity; “buggery” carries a maximum penalty of death (though this sentence appears to have never been used)

1893: New Zealand broadens criminalisation of any sexual activity between men and punishments include life imprisonment, flogging, and hard labour

1962: The Dorian Society, New Zealand’s first organisation for homosexual men, is founded

1986: Male same-sex sexual activity decriminalised in the Homosexual Law Reform Act

1993: Anti-discrimination protections on the basis of sexual orientation and gender identity enacted in the Human Rights Act

2004: Gender-neutral civil unions recognised

2013: Same-sex marriage and adoption rights legalised

2018: New Zealand passes legislation to allow people who were previously convicted of homosexual offences to have their criminal records wiped

2020: Prime Minister Jacinda Ardern appoints first openly gay deputy prime minister Grant Robertson

2022: New Zealand bans conversion therapy

Historically, same-sex relationships and activities were largely accepted amongst pre-colonial Māori society but when New Zealand became a part of the British Empire it imported laws that criminalised same-sex activity between men. In 1840, the crime of “buggery” had a maximum penalty of death, and although there is no evidence this sentence was ever used, in 1893, the laws were broadened to criminalise any same-sex sexual contact between men. (Same-sex sexual contact between women was never illegal.)

The modern LGBTQ+-rights movement in New Zealand began in the 1970s and by the mid-2000s many rights and protections had been restored. LGBTQ+ New Zealanders can marry, adopt, serve openly in the military, and change their legal gender, and in 2022, the country banned conversion therapy.  

Since colonisation, sexual minorities and gender diverse people in Niue have faced discrimination and legal prosecution

Timeline:

1966: Male homosexual acts are criminalised in the Niue Act

2007: Sodomy laws are repealed

Colonisation led to the criminalisation of same-sex sexual activity between males and a social shift away from acceptance of LGBTQ+ people in Niue. Although the sodomy laws were repealed in 2007, the situation is still quite hostile. LGBTQ+ people cannot marry, adopt, or change their legal gender. They can serve openly in the military as this is the responsibility of New Zealand.

In 2007, at a gathering of delegates from around the Pacific, a local fiafifine (third gender person) called out the discrimination and stigma faced by their community. "Our communities were an accepted part of Pacific life and culture prior to Western colonisation, but have been subject to much stigma and discrimination in more recent times."

Population: 1.7 thousand

The 2016 incorporation with New South Wales legislation makes Norfolk Island a progressive place for LGBTQ+ rights and protections

Timeline:

1993: Homosexuality decriminalised

2016: Norfolk Island become incorporated into New South Wales legislation, meaning that it has the same regulations and laws as that state

2017: Same-sex marriage legalised

In 2016, Norfolk Island incorporated with New South Wales in terms of their legislation resulting in the island carrying the Australian state’s progressive laws and protections for LGBTQ+ people. Same-sex marriage, adoption, military service, and the right to change legal gender are all available and their are anti-discrimination laws on the basis of sexual orientation and gender identity.  

Population: 9.2 million

Homophobia is largely driven by Christian churches in Papua New Guinea where male same-sex sexual activity is still illegal

Timeline:

2011: In response to Nauru and Palau’s pledges to repeal anti-gay laws, the government informs the United Nations that decriminalising homosexuality is not a priority

2014: The documentary, Guavas and Bananas: Living Gay in Papua New Guinea, is released, publicising the village of Hanuabada which is considered a safer haven for gay and transgender people in Papua New Guinea

2015: A man was convicted for “indecent acts between males” and given a two-year suspended sentence in the only known prosecution since at least 2011

Traditionally, there was room for various sexual orientations and gender identities in Papua New Guinea but the influence of colonisation and Christian missionaries has resulted in a society that is actively hostile towards LGBTQ+ people. Male same-sex sexual activity is illegal, and though it’s rarely enforced, the crime carries a punishment of up to 14 years' imprisonment. Female homosexuality is not criminalised. LGBTQ+ people face discrimination, harassment, and violence from police and citizens, although they are more tolerated and accepted in coastal areas. Hanuabada village is known as place for LGBTQ+ people in Papua New Guinea.

Population: 202.2 thousand

Fa'afafine and fa'afatama, the traditional third gender people of Samoa, remain active and visible in society making the culture much more welcoming of gender diversity than of sexual orientation diversity

Timeline:

1961: The Crimes Ordinance makes anal sex a crime carrying up to 5 years in prison

2007: Conversion therapy banned

2011: Like Papua New Guinea, in response to the pledges of Naura and Palau to decriminalise homosexuality, the Samoan government signals to the UN that it does not intend to follow suit

2013: Crimes Act criminalises same-sex sexual activity between males along with heterosexual anal and oral sex

2017: Prime Minister Tuilaepa Sailele Malielegaoi rules out the legalisation of same-sex marriage, describing it as an "abomination" and a "Sodom and Gomorrah practice"

Traditional Samoan culture includes a third-gender subculture called fa-afafine that remains visible and has allowed some acceptance of gender variant people to remain despite the influence of the Christian church. Homosexuality is not as accepted and same-sex sexual activity is criminal. Although LGBTQ+ Samoans have limited employment anti-discrimination legislation and anti-hate crime laws, there are few other rights or protections.

Population: 107.7 thousand

A mix of conservative Christian values and colonial-era laws has resulted in a climate of fear, discrimination, and homophobia in Tonga

Timeline:

1992: The Tonga Leitis Association, an LGBTQ+ advocacy group, is founded

2012: Summer Olympics flag-bearer for Tonga, openly gay Amini Fonua, becomes an advocate for LGBTQ+ rights, speaking with Tongan government officials about the need to reform Tonga's colonial-era laws that criminalise homosexuality

2016: The Tonga Leitis Association launched a national consultation with governments officials in order to decriminalise homosexuality and cross-dressing

2018: Frederica Tuita Filipe, daughter of Princess Royal Salote Mafileʻo Pilolevu Tuita, expressed her opposition to homophobia and discrimination

Despite a tradition that embraced gender diverse people and was more sexually permissive, modern Tongan society is very socially conservative and highly religious - a result of colonialism and Christian missionaries. State control continues. The Tongan government requires all religious references on broadcast media to conform to mainstream Christian beliefs. Homosexuality is illegal in Tonga, with a maximum penalty of 10 years imprisonment plus whipping, but the law is not enforced. Tongan law does not address discrimination on account of sexual orientation or gender identity in employment or the provision of goods and services.

Population: 202.2 thousand

Fa'afafine and fa'afatama, the traditional third gender people of Samoa, remain active and visible in society making the culture much more welcoming of gender diversity than of sexual orientation diversity

Timeline:

1961: The Crimes Ordinance makes anal sex a crime carrying up to 5 years in prison

2007: Conversion therapy banned

2011: Like Papua New Guinea, in response to the pledges of Naura and Palau to decriminalise homosexuality, the Samoan government signals to the UN that it does not intend to follow suit

2013: Crimes Act criminalises same-sex sexual activity between males along with heterosexual anal and oral sex

2017: Prime Minister Tuilaepa Sailele Malielegaoi rules out the legalisation of same-sex marriage, describing it as an "abomination" and a "Sodom and Gomorrah practice"

Traditional Samoan culture includes a third-gender subculture called fa-afafine that remains visible and has allowed some acceptance of gender variant people to remain despite the influence of the Christian church. Homosexuality is not as accepted and same-sex sexual activity is criminal. Although LGBTQ+ Samoans have limited employment anti-discrimination legislation and anti-hate crime laws, there are few other rights or protections.

Population: 12 thousand

Traditional cultural and social norms that were accepting of homosexual relationships and diverse gender identities were destroyed by colonialism and Christianity

Timeline:

2011: Tuvalu signs the "joint statement on ending acts of violence and related human rights violations based on sexual orientation and gender identity" at the United Nations

2017: Employment discrimination on the basis of sexual orientation is been banned

Like other Polynesian cultures, Tuvalu’s traditions were accepting of sexually and gender diverse identities, expressions, and family structures. With European contact and the importation of Christianity, this was replaced with homophobia and the criminalisation of anal intercourse between heterosexuals or homosexuals. Female same-sex sexual activity is not mentioned in law. Aside from anti-discrimination employment legislation on the basis of sexual orientation, LGBTQ+ people in Tuvalu have few rights or protections.  

Population: 319.9 thousand

Same-sex sexual activity is legal in Vanuatu but other rights such as same-sex marriage are lacking

Timeline:

1981: Vanuatu becomes an independent states and enacts its first Criminal Code which does not criminalise homosexuality

2011: Vanuatu signs the "joint statement on ending acts of violence and related human rights violations based on sexual orientation and gender identity" at the United Nations

2016: The International Day Against Homophobia, Transphobia and Biphobia was first celebrated in Vanuatu

Vanuatu share a legacy of colonialism and conservative religion that sought to replace traditional culture and society in place of Christian ways of life. After independence in 1980, Vanuatu enacted its Criminal Code the following year, a document which did not criminalise homosexuality. Still, LGBTQ+ people in Vanuatu do not have the same rights or protections that others enjoy.