LGBT rights in the Federated States of Micronesia

LGBT rights in the Federated States of Micronesia
Federated States of Micronesia
StatusLegal
Gender identityNo
MilitaryHas no military
Discrimination protectionsSexual orientation protections
Family rights
Recognition of relationshipsNo recognition of same-sex couples
AdoptionNo

Lesbian, gay, bisexual, and transgender (LGBT) people in Micronesia may face legal difficulties not experienced by non-LGBT residents. Households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex married couples, as same-sex marriage and civil unions are not recognized. Discrimination on the basis of sexual orientation has been illegal since 2018.

The Federated States of Micronesia encompasses more than 600 islands and about 100,000 people. The majority of the population identifies as Christian.[1]

In 2011, Micronesia signed the "joint statement on ending acts of violence and related human rights violations based on sexual orientation and gender identity" at the United Nations, condemning violence and discrimination against LGBT people.[2]

Law regarding same-sex sexual activity

Same-sex sexual activity is legal.[3][4] The age of consent is 14, regardless of gender and sexual orientation.

Recognition of same-sex relationships

The Federated States of Micronesia does not recognise same-sex unions in any form.

The marriage laws in Kosrae assume the partners to be of the opposite sex.[5] Section 16.101 states: "A marriage performed in the State is valid, if: (a) The male at the time of marriage is at least eighteen years of age and the female at least sixteen years of age, and, if the female is less than eighteen years of age, the marriage has the consent of at least one of the female's parents or her guardian; [...]".[a] Similar language is found in the Chuuk State Code.

The Constitution of Pohnpei does not address marriage, but its section on "family obligations" states: "To strengthen and retain good family relations in Pohnpei, as needed, this Constitution recognizes and protects the responsibility and authority of parents over their children".[b]

Discrimination protections

The Federated States of Micronesia has an anti-discrimination law that includes sexual orientation, but not gender identity or intersex status. This means gay, lesbian and bisexual people are protected from discrimination in employment, education, health care and other areas of public life, but transgender and intersex people are not. According to a 2015 write-up from the United States Department of State, "there were no reports of societal violence or discrimination against homosexuals or against persons with HIV/AIDS."[8]

In 2016, Micronesia received recommendations from five countries to prohibit discrimination on the basis of sexual orientation and gender identity.[9] In November 2018, the Micronesian Congress passed C.B. 20-258, which updated the country's anti-discrimination law to include sexual orientation.[10] The bill, introduced by Speaker Wesley Simina, was supported by three of the four states (Chuuk, Pohnpei, and Yap, but opposed by Kosrae).

Section 107 of Chapter 1 of the Code of the Federated States of Micronesia reads:[11]

Section 107. Discrimination on account of race, sex, sexual orientation, language, or religion; Equal protection.
No law shall be enacted which discriminates against any person on account of race, sex, sexual orientation, language, or religion, nor shall the equal protection of the laws be denied.

Gender identity and expression

Micronesia does not provide any administrative or legal procedures allowing transgender people to have their identified gender recognised in official documents.[9]

According to 2017 estimates from UNAIDS, about 4.2% of the Micronesian transgender population was HIV-positive.[12]

Military service

Currently, there is no active military for the Federated States of Micronesia, though should such a need arise, the United States is responsible for its defense per mutual agreement.[13]

Living conditions

History

In 1989, an anthropologist recorded a case of a young girl on the island of Pohnpei named Maria who exhibited the habits of a boy and would go walking about at night looking for girls. Family and neighbors held a meeting to discuss the matter, and decided to hold a feast where they would publicly name her a boy. Her hair was cut and she was presented with male clothing, and finally was renamed Mario.[14]

The islands of Chuuk have an indigenous term that refers to a traditional third gender alongside male and female: wininmwáán.[14]

In December 2018, the country's first pride event and parade took place in the state of Pohnpei.[15]

Societal opinions

Micronesian society tends to be conservative and the LGBT community remains discreet in general. Open displays of affection between same-sex partners may offend.[16] Debates and discussions surrounding LGBT rights tend to be "well off the radar".[9]

The Human Truth Foundation has listed Micronesia at rank 90 for LGBT rights. This was similar to other Pacific nations, such as Palau (86), Nauru (87) and the Marshall Islands (88).[17]

In 2006, an evangelical pastor from The Salvation Army serving as a pastor in Micronesia decried homophobia and conversion therapy and stated his belief that sexual orientation was predetermined.[18]

Statistics

According to 2017 estimates from UNAIDS, there were about 340 men who have sex with men (MSM) in the country.[12]

Summary table

Same-sex sexual activity legal Yes
Equal age of consent Yes
Anti-discrimination laws in employment only Yes (Since 2018)
Anti-discrimination laws in the provision of goods and services Yes (Since 2018)
Anti-discrimination laws in all other areas (Incl. indirect discrimination, hate speech) Yes (Since 2018)
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 Has no military
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

Notes

  1. ^ In Kosraean: Pahyuck se oreklac ke State ac akihlenyuck, efin: (a) Mukul se ke pacl in pahyuck an year singucul alkosr matwac ac muhtwacn sacn tiac srihk liki year singucul ohnkohsr matwacl, ac, efin muhtwacn sacn srihk liki year singucul alkosr, pahyuck sacn oasr inseselac luhn sie sin pahpah kuh ninac kuh mwet karihngihn muhtwacn sacn; [...].[6]
  2. ^ In Pohnpeian: Pwehn kakehlaka oh kolokol onepek mwhau oh wahu penehn nan peneinei kan en Weipokon en Pohnpei, nin duwen ahnepetail, Poahsoan en Kosonned wet pohnese oh wauneki manaman oh pwukoah me sahm akan oh ihn akan akneki ong neirail serihkan.[7]

References

  1. ^ "Federated States of Micronesia". New Internationalist. December 2011. Retrieved 1 December 2011.
  2. ^ "Over 80 Nations Support Statement at Human Rights Council on LGBT Rights » US Mission Geneva". Geneva.usmission.gov. 22 March 2011.
  3. ^ "State-Sponsored Homophobia" (PDF). Old.ilga.org. Archived from the original (PDF) on 17 July 2013. Retrieved 10 March 2016.
  4. ^ "A report on MSM and the Pacific REgion" (PDF). Nfi.net. Archived from the original (PDF) on 10 March 2016. Retrieved 10 March 2016.
  5. ^ "Universal Periodic Review". ARC International. Retrieved 23 December 2015.
  6. ^ "Enenuh luhn inseselac inmahsrlo in pahyuck". kosraestatejudiciary.com (in Kosraean).
  7. ^ "Poahsoan en Kosonned en Weipokon en Pohnpei". dlib.vanuatu.usp.ac.fj (in Pohnpeian).
  8. ^ "Micronesia, Federated States of". U.S. Department of State. 11 March 2008. Retrieved 27 July 2015.
  9. ^ a b c MICRONESIA: A DIVERSE REGION WITH DIVERSE LGBTI LAWS
  10. ^ "An Act TO AMEND SECTION 107 OF TITLE 1 OF THE CODE OF THE FEDERATED STATES OF MICRONESIA (ANNOTATED), FOR THE PURPOSE OF PROHIBITING DISCRIMINATION BASED ON SEXUAL ORIENTATION, AND FOR OTHER PURPOSES" (PDF). Archived from the original (PDF) on 15 December 2018. Retrieved 15 December 2018.
  11. ^ "C.B. NO. 20-258" (PDF). Archived from the original (PDF) on 15 December 2018. Retrieved 15 December 2018.
  12. ^ a b Country factsheets: MICRONESIA (FEDERATED STATES OF) 2017
  13. ^ "The World Factbook". Cia.gov. Archived from the original on 8 March 2016. Retrieved 27 July 2015.
  14. ^ a b Zimmermann, Bonnie (2015) Encyclopedia of Lesbian Histories and Cultures, Routledge
  15. ^ "Micronesia senator wants to ban trans people working for government". Archived from the original on 17 February 2019. Retrieved 21 December 2018.
  16. ^ "Local Laws & Special Circumstances of Federated States of Micronesia". travel.state.gov. Retrieved 8 February 2018.
  17. ^ LGBT Rights Across the World, Which are the Best and Worst Countries?
  18. ^ "Homosexuality in Micronesia". Micsem.org. Retrieved 27 July 2015.
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