LGBT rights in Niue

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LGBT rights in Niue
LocationNiue.png
Niue
StatusMale illegal, female legal
Discrimination protectionsNo
Family rights
Recognition of relationshipsNo
AdoptionNo

Lesbian, gay, bisexual, and transgender (LGBT) persons in Niue face legal challenges not experienced by non-LGBT residents. Male same-sex sexual activity are illegal in Niue. Same-sex couples and households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex married couples.

History[]

Similarly to the Cook Islands, Samoa and New Zealand, Niue possesses a traditional third gender population: the fiafifine (also known as the fakafifine). They have traditionally been accepted by Niuean society,[1][2] and would play an important domestic role in communal life.

In 2007, during a gathering of delegates from around the Pacific in Mangere, New Zealand, a local fiafifine called out the discrimination and stigma faced by the fiafifine community: "Our communities were an accepted part of Pacific life and culture prior to Western colonisation, but have been subject to much stigma and discrimination in more recent times."[3]

Laws regarding same-sex sexual activity[]

Niue Act 1966[]

Male homosexual activity is illegal in the Cook Islands. Consensual male sodomy is punishable by up to ten years' imprisonment, while indecency between males is punishable by up to five years' imprisonment.[4]

170 Buggery

(1) Every one is liable to imprisonment for 10 years who commits buggery either with a human being or with any other living creature.
(2) This offence is complete upon penetration.

171 Attempted buggery and indecent assaults on males

(1) Every one is liable to imprisonment for 5 years who –
(a) Attempts to commit buggery; or
(b) Assaults any person with intent to commit buggery; or
(c) Being a male, indecently assaults any other male person.
(2) It is no defence to a charge of indecent assault on a male person of any age that he consented to the act of indecency.


Although the Niue Amendment Act 2007 of New Zealand repealed those sections, they remains in force in Niue.[5][6] Since New Zealand legislation passed after 1974 does not extend to Niue without the Niue Assembly's express consent.[7]

Recognition of same-sex relationships[]

Same-sex unions are not recognized (even though they are in New Zealand).[8] The Family Law Code 2007 does not expressly prohibit same-sex marriages, but generally assumes the parties to be of the opposite sex. The law forbids marriages within the degrees of consanguinity and marriages where the wife is less than 15 years of age and the husband less than 18 years of age, but makes no mention of same-sex partners. Marriages are recorded by the Registrar of the High Court (Letititala he Fakafiliaga Lahi), or any minister of religion or other person who has been appointed as a marriage officer.[9]

Living conditions[]

Much like the rest of Polynesia, open displays of affection between partners regardless of sexual orientation may offend.[10]

Summary table[]

Same-sex sexual activity legal No (For males)/Yes (For females)
Equal age of consent No (For males)/Yes (For females)
Anti-discrimination laws in employment only No
Anti-discrimination laws in the provision of goods and services No
Anti-discrimination laws in all other areas (Incl. indirect discrimination, hate speech) No
Same-sex marriages No
Recognition of same-sex couples No
Stepchild adoption by same-sex couples No
Joint adoption by same-sex couples No
LGBT people allowed to serve openly in the military Yes (New Zealand's responsibility)
Right to change legal gender No
Access to IVF for lesbians No
Commercial surrogacy for gay male couples No
MSMs allowed to donate blood No

See also[]

References[]

  1. ^ p. 1. Defining gender diversity
  2. ^ Frequently Asked Questions: Sexual orientation, gender identity and intersex status in the Pacific
  3. ^ Pacific Island Sexual Minority Gathering
  4. ^ "Niue Act 1966" (PDF). Retrieved 4 April 2021.
  5. ^ "Niue Amendment Act 2007" (PDF). Retrieved 5 December 2013.
  6. ^ "Table of Act in force" (PDF). www.gov.nu. Retrieved 4 April 2021.
  7. ^ "Constitution of Niue s.36". PacLII. Retrieved 4 April 2021.
  8. ^ State-sponsored Homophobia A world survey of laws prohibiting same sex activity between consenting adults Archived 19 July 2013 at WebCite
  9. ^ "Family Law Code 2007". paclii.org. Retrieved 14 May 2020.
  10. ^ Lonely Plant, lesbian travel in the South Pacific
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