Lesbian, bisexual, transgender, and intersex (LBTI) people are subject to violence, discrimination, and stigma in Tuvalu. The State Party criminalises same sex acts between men, through Sections 153 that makes criminalises “buggery”, 154 that “attempts to commit unnatural offences and indecent assault”, and 155 that criminalises “gross indecency”.
Tuvalu, however, banned employment discrimination on the basis of sexual orientation in 2017. Transgender and intersex people do not have the right to legal recognition.
In 2011, Tuvalu supported the UN Human Rights Council Joint Statement to end acts of violence based on sexual orientation and gender identity.
The last State party report was submitted in 2012 and contained no LBTI specific information.
The CEDAW Committee has not provided any SOGIESC-focused recommendations to Tuvalu yet. In the Concluding Observations, the Committee noted, with concern, that the Penal Code 1965, criminalises consensual same-sex conduct between adult men. However, no recommendations to the State party were provided by the Committee.
The List of Issues had a question on charting and indicating the progress the State had made in reviewing discriminatory laws, including the provision in the Penal Code, under which consensual same-sex sexual activity between adult men is penalised.