| For a summary of Nauru’s review at the second cycle please click here. |
10th UPR session
Date of review: 24 January 2011
Date of report adoption: 8 March 2011
Document number: A/HRC/17/3
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SUMMARY SOGIESC issues during Nauru’s 1st UPR review |
I. SOGIESC issues/recommendations identified by NGOs
Right to privacy, marriage and family life
13. Joint Submission 2 (JS2) recommended that Nauru bring its legislation into conformity with the commitment to equality and non-discrimination by repealing all provisions which may be applied to criminalize sexual activity between consenting adults of the same sex.
II. Excerpts on SOGIESC issues from the national report
Legislative protection of rights
37. … With assistance from the Australian Attorney-General’s Department, Nauru is currently undertaking a major review of the Criminal Code, with the aim of introducing a modernised criminal code that is appropriate for Nauru and which accords with the Universal Declaration on Human Rights. When the review is complete, it is expected that a bill for a new Criminal Code will be introduced to Parliament, which among other things proposes that sexual activity between consenting adults of the same sex be decriminalised, and that other anachronistic offences be abolished.
III. Excerpts on SOGIESC issues by UN agencies
No references.
IV. References to SOGIESC issues during the Working Group review
9. The decriminalization of homosexual activity between consenting adults was under active
consideration as part of this review.
33. Brazil commended Nauru for its review of the Criminal Code, which, amongst others, would decriminalize sexual relations between consenting adults of the same sex.
40. Spain welcomed Nauru’s intention to decriminalize sexual relations between consenting adults of the same sex and encouraged it to continue its efforts to prevent discrimination on the ground of sexual orientation or gender identity.
62. While being concerned that domestic violence and sexual harassment remained significant
issues, Australia commended Nauru for its commitment to decriminalize homosexuality.
Australia was pleased to be working in partnership with Nauru on approaches to these
Challenges.
63. Sweden noted that homosexuality was still illegal in Nauru and asked the delegation to elaborate on what actions were being taken to promote the rights of sexual minorities and whether the Government intended to ratify core international human rights treaties, such as the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights.
74. Nauru recognized the importance of partnership with the civil society and the private sector, as it was the case in the National Sustainable Development Strategy. Nauru stated that homosexuality remained illegal, as the current criminal code dated back from 1899. There was a clear intent by the Government supported by the population to amend most of those laws and correct that situation.
V. Conclusions and/or recommendations
Nauru accepted/noted the following recommendations:
79.38. Continue its efforts to address domestic violence, promote the empowerment of women, improve the quality of education, address unemployment and to draft a new criminal code that would, inter alia, decriminalize sexual activity between consenting adults of the same sex (Slovenia);
79.74. Present a bill for a new Criminal Code which would decriminalize sexual activity between consenting adults of the same sex as outlined in the national report (United Kingdom);
79.75. Recognize the principle of non-discrimination, which prohibits discrimination on any ground, including sexual orientation, and to abolish the law that criminalises homosexuality without delay (Sweden);
VI. Further information
You will find all documents relating to Nauru’s first review at UPR-Info and OHCHR’s websites.