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Legal Framework

In May 2016, Nauru reformed its criminal code and decriminalised homosexuality. The reformed laws replace those set out in the 1899 Criminal Code of Queensland.

Previously, the Criminal Code of Queensland in its application to Nauru on 1 July 1921, under Chapter XXII, Section 211, addressed homosexual behaviors as “Indecent practices between Males”, stating that, whether these are performed in public or private, they are punishable with imprisonment with forced labour for three years. Under the same Chapter, in Section 208, the Code addressed “Unnatural Offences”, which include “carnal knowledge” of any person in ways that go “against the order of nature”, and are punishable with fourteen years of imprisonment and hard labour. Even the mere “attempt” to commit “Unnatural Offences” was punishable with seven years in prison with hard labour under Section 209. 
Therefore, while homosexual relations between males were manifestly outlawed, relations between females are not, but section 208 left space for a wide array of interpretations.

For more detailed information on the protection of LGBTQI+ rights in Nauru, visit the Nauru ILGA World Database.

The Nauruan Prime Minister Mathew Batsiua announced in 2011 that the country was going to decriminalize homosexuality. In 2013 and 2014, no prosecutions of LGBTIs were reported, as well as no acts of discrimination against homosexuals, although “stigma or intimidation could be a factor in preventing the reporting of discrimination or abuse.” (US Department of State, Nauru Human Rights Report, 2013) Furthermore, there are no laws criminalizing violence or discrimination against homosexuals (US Department of State, Nauru Human Rights Report, 2014), as well as no recognition of same-sex marriage.

We have received complaints from gay refugees sent to Nauru from Australia and being targeted and abused on the streets on the basis of their gender identity and sexual orientation. 

We have not found any relevant case law at this time but we welcome suggestions. If you have any suggestions, please get in touch.

Organisations supporting LGBTQI+ individuals

We are not currently aware of any organisations working with LGBTQI+ persons in Nauru, but we welcome suggestions.  If you have any suggestions, please get in touch.

 

Country of Origin experts in LGBTQI+ rights

We do not currently have any specialists on LGBTQI+ issues in Nauru, but we welcome suggestions. If you have any suggestions, please contact us.

 

Nauru Legal Assistance

Find organisations providing legal assistance to refugees in Nauru.

Nauru COI

Find Nauru Country of Origin information (COI) experts, reports, commentaries, and relevant documents. 

We are always looking to expand the resources on our platform. If you know about relevant resources, or you are aware of organisations and/or individuals to include in our directories, please get in touch.

Last updated May 2023