LGBT rights in Papua New Guinea

Summary

Lesbian, gay, bisexual, and transgender (LGBT) people 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. There are no legal restrictions against lesbian sex in the country.

LGBT rights in Papua New Guinea
StatusMale illegal, female legal
PenaltyUp to 14 years' imprisonment (not enforced, legalization proposed)
Gender identityNo
MilitaryNo
Discrimination protectionsNo
Family rights
Recognition of relationshipsNo
AdoptionNo

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 the Sambia people.[1]

In the 21st century, LGBT people tend to be more tolerated and accepted in coastal areas than in the New Guinea Highlands.[2]

Terminology edit

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 (reportedly derived from the name of American singer Jennifer Lopez, who is popular among LGBT Papua New Guineans)[4] has been used by transgender Papua New Guineans to refer to a cultural and traditional third gender. Similarly, the Sambia people recognise a traditional third gender: kwolu-aatmwol (literally male thing transforming into female thing).[3]

In Motu, the word gelegele refers to a gay man.[5]

Legality of same-sex sexual activity edit

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.[6] In 2011, the Government informed the United Nations that decriminalising homosexuality was not a priority.[7]

According to the United States Department of State, there were no reports of prosecutions in 2012 directed at LGBT persons.[8] However, the department reported that LGBT persons in 2012 were "vulnerable to societal stigmatization".[8]

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.[9] Prime Minister Peter O'Neill explained that there were "strong feelings" against homosexuality in the country, which was "yet to accept such sexual openness".[9]

Living conditions edit

LGBT persons have reported facing "discrimination in their daily lives, and often struggle to find jobs".[10] 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.[5]

Social attitudes to homosexuality edit

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][11][12]

Political support edit

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:[13]

"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 edit

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 edit

Tribes:

References edit

  1. ^ 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.
  2. ^ a b c "Being Gay in Papua New Guinea".
  3. ^ a b "Reclaiming our rainbow cultural identities". 28 October 2016.
  4. ^ Besnier, Niko; Alexeyeff, Kalissa (31 December 2014). Gender on the Edge: Transgender, Gay, and Other Pacific Islanders. University of Hawaii Press. ISBN 978-0-8248-4019-8.
  5. ^ a b "PNG's gay community finds safety in Hanuabada village". ABC News. 7 October 2014. Retrieved 11 October 2023.
  6. ^ State-sponsored Homophobia A world survey of laws prohibiting same sex activity between consenting adults Archived 27 June 2013 at the Wayback Machine
  7. ^ Human Rights Watch says Papua New Guinea has failed to protect women and children, The Guardian, 12 January 2017
  8. ^ a b "2012 Country Reports on Human Rights Practices - Papua New Guinea", United States Department of State
  9. ^ a b "Gay PNG citizens face discrimination" Archived 25 October 2012 at the Wayback Machine, Special Broadcasting Service (video), 11 September 2012
  10. ^ "No end in sight to PNG’s anti-gay laws" Archived 18 September 2012 at the Wayback Machine, Special Broadcasting Service, 11 September 2012
  11. ^ "Papua New Guinea's 'gay village' offers sanctuary, hope". Rappler. 1 December 2018.
  12. ^ Agbo, Njideka (30 November 2018). "Papua New Guinea Has A Village For LGBT Community". The Guardian. Retrieved 5 September 2020.
  13. ^ "No LGBTQ policy". Loop PNG. 8 June 2023. Retrieved 11 October 2023.