LGBT rights in Papua New Guinea
Lesbian, gay, bisexual, and transgender (LGBT) persons in Papua New Guinea face legal challenges not experienced by non-LGBT residents. Male same-sex sexual activity is illegal, punishable by up to 14 years' imprisonment, but the law is not enforced.
LGBT rights in Papua New Guinea | |
---|---|
Status | Male illegal, female legal |
Penalty | Up to 14 years' imprisonment (not enforced, legalization proposed) |
Gender identity | No |
Military | No |
Discrimination protections | No |
Family rights | |
Recognition of relationships | No |
Adoption | No |
Attitudes towards LGBT people are greatly influenced by Christian churches, as a majority of Papua New Guineans are Christian. Historically, gay men had certain societal roles. They would take on traditional female roles such as cooking and would participate with women in traditional festivals. However, some tribes were observed to have practiced ritual homosexuality such as the Etoro people and Sambia people.[1]
Nowadays, LGBT people tend to be more tolerated and accepted in coastal areas than in the New Guinea Highlands.[2]
Terminology
The words "lesbian", "gay", "bisexual" and "transgender" tend to carry heavy stigma in Papua New Guinea.[3]
In recent years, the Tok Pisin word palopa has been used by transgender Papua New Guineas to refer to a cultural and traditional third gender. Similarly, the Sambia people recognize a traditional third gender: kwolu-aatmwol (literally male thing transforming into female thing).[3]
Legality of same-sex sexual activity
Male same-sex sexual activity is prohibited by Section 210 of the Papua New Guinea Penal Code. Anal sex and oral sex between persons of the opposite sex is also illegal. Those caught engaging in anal sex or oral sex (whether heterosexual or homosexual) can be punished with up to fourteen years' imprisonment. Other same-sex sexual acts can be punished with up to three years' imprisonment.[5] In 2011, the Government informed the United Nations that decriminalising homosexuality was not a priority.[6]
According to the United States Department of State, there were no reports of prosecutions in 2012 directed at LGBT persons.[7] However, the department reported that LGBT persons in 2012 were "vulnerable to societal stigmatization".[7]
Former MP Dame Carol Kidu in 2012 described gay Papua New Guineans as being forced to live lives of secrecy, and called unsuccessfully on the Government to decriminalise homosexuality.[8] Prime Minister Peter O'Neill explained that there were "strong feelings" against homosexuality in the country, which was "yet to accept such sexual openness".[8]
Living conditions
LGBT persons have reported facing "discrimination in their daily lives, and often struggle to find jobs".[9] LGBT people have also experienced rape and violence throughout the country, including in Port Moresby, which has led many LGBT individuals to flee to the town of Hanuabada.[4]
Social attitudes to homosexuality
The general public has mixed views towards homosexuality. Homophobia is widespread throughout the country. Homosexuality is generally more accepted in coastal areas than in the New Guinea Highlands.[2]
There are a few nightclubs in Port Moresby that have "gay nights" and small drag parties, mainly in Hanuabada, which has been described as a "gay village" and a sanctuary for local LGBT people.[2][10][11]
Political support
Explicit political support for LGBT rights in Papua New Guinea is limited, though many politicians are opposed to the "promotion of homosexuality" but have acknowledged the existence of homosexuality.
In 2023, Prime Minister James Marape confirmed that he did not intend to repeal laws criminalising male homosexuality, whilst claiming that laws were already sufficient in protecting LGBT rights. He stated:[12]
"There is no bill with our government to promote gays and lesbians in this country. Neither will there be any promotion of gays and lesbians under my watch. People's sexual preferences are within their individual rights of choice but our government will not be promoting this matter or be seen legitimising gay or lesbian rights in PNG. The current laws of our country are sufficient in giving respect to and promoting human rights. These laws protect people against violence, abuse and these are sufficient. As far as our Melanesian and Christian worldviews are concerned, these unnatural practices are not allowed. And I ask those who are invited residents of Papua New Guinea to respect our national mindset and character. There is no bill in Parliament today and we don't intend to go down this path. I ask people not to speculate or make up stories to mislead people.
Summary table
Same-sex sexual activity legal | (For males, not enforced)/ (For females) |
Equal age of consent | (For males)/ (For females) |
Anti-discrimination laws in employment only | |
Anti-discrimination laws in the provision of goods and services | |
Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech) | |
Same-sex marriages | |
Recognition of same-sex couples | |
Stepchild adoption by same-sex couples | |
Joint adoption by same-sex couples | |
LGBT people allowed to serve openly in the military | |
Right to change legal gender | |
Access to IVF for lesbians | |
Commercial surrogacy for gay male couples | |
MSMs allowed to donate blood |
See also
Tribes:
- Etoro people, a PNG tribe with traditional homosexual rituals
- Sambia people, a PNG tribe with traditional homosexual rituals
- Kaluli people, a PNG tribe with traditional homosexual rituals
References
- Giles, James (August 2004). "Book Reviews Sambia Sexual Culture: Essays From the Field. By Gilbert Herdt. University of Chicago Press, Chicago, Illinois, 1999, 327 pp., $20.00". Archives of Sexual Behavior. 33 (4): 413–417. doi:10.1023/b:aseb.0000029074.36846.30. S2CID 144233780.
- "Being Gay in Papua New Guinea".
- "Reclaiming our rainbow cultural identities". 28 October 2016.
- "PNG's gay community finds safety in Hanuabada village". ABC News. 7 October 2014. Retrieved 11 October 2023.
- State-sponsored Homophobia A world survey of laws prohibiting same sex activity between consenting adults Archived 27 June 2013 at the Wayback Machine
- Human Rights Watch says Papua New Guinea has failed to protect women and children, The Guardian, 12 January 2017
- "2012 Country Reports on Human Rights Practices - Papua New Guinea", United States Department of State
- "Gay PNG citizens face discrimination" Archived 25 October 2012 at the Wayback Machine, Special Broadcasting Service (video), 11 September 2012
- "No end in sight to PNG’s anti-gay laws" Archived 18 September 2012 at the Wayback Machine, Special Broadcasting Service, 11 September 2012
- "Papua New Guinea's 'gay village' offers sanctuary, hope". Rappler. 1 December 2018.
- Agbo, Njideka (30 November 2018). "Papua New Guinea Has A Village For LGBT Community". The Guardian. Retrieved 5 September 2020.
- "No LGBTQ policy". Loop PNG. Retrieved 11 October 2023.