| For a summary of Nauru’s review at the first cycle please click here. |
23rd UPR session
Date of review: 3 November 2015
Date of report adoption: 16 December 2015
Document number: A/HRC/31/7
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SUMMARY SOGIESC issues during Nauru’s 2nd UPR review |
I. SOGIESC issues/recommendations identified by NGOs
Constitutional and legislative framework
9. Kaleidoscope Australia recommended that Nauru complete the review of the 1899 Criminal Code, decriminalises sexual activity between consenting adults of the same sex, and introduces a bill for a modernised Code in accordance with the Universal Declaration of Human Rights. Kaleidoscope Australia urged the Human Rights Council to recommend Nauru formulate a strategy for successfully amending its Constitution to include a positive and substantive right to equality for all people, and to include sexual orientation, gender identity and gender expression as prohibited grounds for discrimination.
Equality and non-discrimination
21. Kaleidoscope Australia stated that during the first UPR in 2011, Nauru accepted recommendations that it decriminalise sexual activity between consenting adults of the same sex, and signed a joint statement, together with other 84 countries, made in the framework of the Human Rights Council works in 2011, entitled “Ending Acts of Violence and Related Human Rights Violations Based on Sexual Orientation and Gender Identity”. Noting that Nauru does not currently have any laws or policies which prohibit discrimination of a person based on sexual orientation, gender identity or gender expression, Kaleidoscope Australia recommended that Nauru explicitly legalises same-sex marriage and adoption by same-sex couples.
II. Excerpts on SOGIESC issues from the national report
Recommendation 79.38
37. Section 211 of the Criminal Code 1899 makes it an offence for a male person to commit any act of indecency with another male; however the Code is silent on females. There has been no amendment to the Criminal Code and to decriminalise sexual behaviour between consenting adults. Internal discussion and consultations with relevant stakeholders are being planned on the revision of the criminal code to consider the issue raised in the given recommendation.
Recommendation 79.74/75
61. The Department of Justice and Border Control is currently engaging in discussions with relevant partners on the proposed reforms to the Criminal Code. The proposed Criminal Code Bill is divided into three parts: part 1 includes issues involving persons; part II includes issues regarding properties and part III will include general issues. Currently, discussions are underway to hold further consultations to engage the community more on the decriminalization of sexual activity between consenting adults.
III. Excerpts on SOGIESC issues by UN agencies
Equality and non-discrimination
16. The country team urged the Government of Nauru to amend national legislation to decriminalize consensual sexual activity between same-sex couples, as recommended and accepted during the first universal periodic review.
IV. References to SOGIESC issues during the Working Group review
59. The United States of America […] supported the stated commitment of Nauru to decriminalize same-sex conduct between consenting adults, but was troubled that no action had been taken yet.
65. Concerning recommendations calling for the decriminalization of same-sex interaction, Nauru acknowledged that it was an emerging matter globally and, taking into account the long-held social and religious feelings of the Nauruans, the Government believed that a national open consultation would be the best way to address the matter.
V. Conclusions and/or recommendations
Nauru noted the following recommendations:
87.3 Seize the opportunity of the Criminal Code of Nauru to decriminalize homosexual relations between consenting adults (Spain);
87.4 Take swift action to decriminalize same — sex sexual conduct between consenting adults (United States);
87.5 Swiftly decriminalize sexual behaviour between consenting adults of the same sex (Australia);
87.6 Advance towards the derogation of the provisions that criminalize consenting same-sex relations between adults (Chile);
87.7 Reform the Penal Code to abolish the ban imposed on sexual relations between same sex adults, in order to comply with the commitments made in 2011 (France);
87.8 Modify national legislation to decriminalize consensual sexual relations between persons of the same sex, as recommended and accepted during the first review (Argentina).
VI. Further information
You will find all documents relating to Nauru’s second review at UPR-Info and OHCHR’s websites.