LGBT rights in the Federated States of Micronesia

Last updated

LGBT rights in the Federated States of Micronesia
LocationMicronesia.png
Status Legal
Gender identity No
Military Has no military
Discrimination protections Sexual orientation protections
Family rights
Recognition of relationships No recognition of same-sex couples
Adoption No

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.

Contents

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; [...]". [lower-alpha 1] 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". [lower-alpha 2]

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. His hair was cut and he 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 check.svg
Equal age of consent Yes check.svg
Anti-discrimination laws in employment only Yes check.svg (Since 2018)
Anti-discrimination laws in the provision of goods and services Yes check.svg (Since 2018)
Anti-discrimination laws in all other areas (Incl. indirect discrimination, hate speech) Yes check.svg (Since 2018)
Same-sex marriages X mark.svg
Recognition of same-sex couples X mark.svg
Stepchild adoption by same-sex couples X mark.svg
Joint adoption by same-sex couples X mark.svg
LGBT people allowed to serve openly in the military Has no military
Right to change legal gender X mark.svg
Access to IVF for lesbians X mark.svg
Commercial surrogacy for gay male couples X mark.svg
MSMs allowed to donate blood X mark.svg

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]

Related Research Articles

<span class="mw-page-title-main">Federated States of Micronesia</span> Country in Oceania

The Federated States of Micronesia, or simply Micronesia, is an island country in Micronesia, a subregion of Oceania. The federation consists of four states—from west to east, Yap, Chuuk, Pohnpei and Kosrae—that are spread across the western Pacific. Together, the states comprise around 607 islands that cover a longitudinal distance of almost 2,700 km (1,700 mi) just north of the equator. They lie northeast of Indonesia and Papua New Guinea, south of Guam and the Marianas, west of Nauru and the Marshall Islands, east of Palau and the Philippines, about 2,900 km (1,800 mi) north of eastern Australia, 3,400 km (2,100 mi) southeast of Japan, and some 4,000 km (2,485 mi) southwest of the main islands of the Hawaiian Islands.

<span class="mw-page-title-main">Demographics of the Federated States of Micronesia</span>

Demographic features of the population of the Federated States of Micronesia include population density, ethnicity, education level, health of the populace, economic status, religious affiliations and other aspects. The indigenous population of the Federated States of Micronesia, which is predominantly Micronesian, consists of various ethnolinguistic groups. English has become the common language. Population growth remains high at more than 3%, but is ameliorated somewhat by net emigration.

This article is about communications systems in the Federated States of Micronesia.

<span class="mw-page-title-main">Trust Territory of the Pacific Islands</span> US-administered UN trust territory (1947–1994)

The Trust Territory of the Pacific Islands (TTPI) was a United Nations trust territory in Micronesia administered by the United States from 1947 to 1994. The Imperial Japanese South Seas Mandate had been seized by the US during the Pacific War, as Japan had administered the territory since the League of Nations gave Japan mandate over the area from Imperial Germany after World War I. However, in the 1930s, Japan left the League of Nations, and then invaded additional lands. During World War II, military control of the islands was disputed, but by the end of the war the islands had come under control of the Allies. The Trust Territory of the Pacific was created to administer the islands as part of the United States, while still under the auspices of the United Nations. Most of the island groups in the territory became independent states, with some degree of ties kept with the United States: the Federated States of Micronesia, Marshall Islands and Palau are today independent states in a Compact of Free Association with the US, while the Northern Mariana Islands remain under US jurisdiction, as an unincorporated territory and commonwealth.

The Pingelapese language is a Micronesian language native to Pingelap, an atoll belonging to the state of Pohnpei in the Federated States of Micronesia. This atoll is the homeland to the Pingelapese people, consisting of a three-square mile range of uninhabited small coral islets, Daekae and Sukora, and the inhabited islet, Pingelap. These islands partially make up the Caroline Islands.

<span class="mw-page-title-main">FSM National Police</span> Law enforcement agency

The Federated States of Micronesia's National Police is the small national police force of the Federated States of Micronesia and is a division of the FSM Department of Justice.

Micronesian Americans are Americans who are descended from people of the Federated States of Micronesia. According to the 2020 US Census, a total of 21,596 residents self-identified as having origins in the country, which consists of four states. More than half of these residents identified their origin as Chuuk State (12,464) with the rest as follows: 4,918 people from Pohnpei, 2,066 from Yap, and 2,148 people from Kosrae.

<span class="mw-page-title-main">LGBT rights in the Dominican Republic</span>

Lesbian, gay, bisexual, and transgender (LGBT) people in the Dominican Republic do not possess the same legal protections as non-LGBT residents, and face social challenges that are not experienced by other people. While the Dominican Criminal Code does not expressly prohibit same-sex sexual relations or cross-dressing, it also does not address discrimination or harassment on the account of sexual orientation or gender identity, nor does it recognize same-sex unions in any form, whether it be marriage or partnerships. Households headed by same-sex couples are also not eligible for any of the same rights given to opposite-sex married couples, as same-sex marriage is constitutionally banned in the country.

<span class="mw-page-title-main">LGBT rights in Oceania</span>

Oceania is, like other regions, quite diverse in its laws regarding LGBT rights. This ranges from significant rights, including same-sex marriage – granted to the LGBT+ community in New Zealand, Australia, Guam, Hawaii, Easter Island, Northern Mariana Islands, Wallis and Futuna, New Caledonia, French Polynesia and the Pitcairn Islands – to remaining criminal penalties for homosexual activity in six countries and one territory. Although acceptance is growing across the Pacific, violence and social stigma remain issues for LGBT+ communities. This also leads to problems with healthcare, including access to HIV treatment in countries such as Papua New Guinea and the Solomon Islands where homosexuality is criminalised.

<span class="mw-page-title-main">LGBT rights in Delaware</span>

Lesbian, gay, bisexual, and transgender (LGBT) people in the U.S. state of Delaware enjoy the same legal protections as non-LGBT people. Same-sex sexual activity has been legal in Delaware since January 1, 1973. On January 1, 2012, civil unions became available to same-sex couples, granting them the "rights, benefits, protections, and responsibilities" of married persons. Delaware legalized same-sex marriage on July 1, 2013.

<span class="mw-page-title-main">LGBT rights in Paraguay</span>

Lesbian, gay, bisexual, and transgender (LGBT) people in Paraguay face legal challenges not experienced by non-LGBT residents. Both male and female types of same-sex sexual activity are legal in Paraguay, but same-sex couples and households headed by same-sex couples are not eligible for all of the same legal protections available to opposite-sex married couples. Paraguay remains one of the few conservative countries in South America regarding LGBT rights.

<span class="mw-page-title-main">LGBT rights in the Marshall Islands</span>

Lesbian, gay, bisexual, and transgender (LGBT) people in the Marshall Islands may face legal challenges not experienced by non-LGBT residents. Same-sex sexual activity has been legal in the Marshall Islands since 2005, and discrimination on the basis of sexual orientation and gender identity has been outlawed in all areas since 2019. Despite this, 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.

<span class="mw-page-title-main">LGBT rights in Alaska</span>

Lesbian, gay, bisexual, and transgender (LGBT) persons in the U.S. state of Alaska may face some legal challenges not experienced by non-LGBT Alaskans. Since 1980, same-sex sexual conduct has been allowed, and same-sex couples can marry since October 2014. The state offers few legal protections against discrimination on the basis of sexual orientation and gender identity, leaving LGBT people vulnerable to discrimination in housing and public accommodations; however, the U.S. Supreme Court's ruling in Bostock v. Clayton County established that employment discrimination against LGBT people is illegal under federal law. In addition, four Alaskan cities, Anchorage, Juneau, Sitka and Ketchikan, representing about 46% of the state population, have passed discrimination protections for housing and public accommodations.

<span class="mw-page-title-main">LGBT rights in Nauru</span>

Lesbian, gay, bisexual, and transgender (LGBT) people living in Nauru may face legal and social challenges not experienced by non-LGBT residents. Same-sex sexual activity has been legal since May 2016, but there are no legal recognition of same-sex unions, or protections against discrimination in the workplace or the provision of goods and services.

<span class="mw-page-title-main">LGBT employment discrimination in the United States</span>

LGBT employment discrimination in the United States is illegal under Title VII of the Civil Rights Act of 1964; employment discrimination on the basis of sexual orientation or gender identity is encompassed by the law's prohibition of employment discrimination on the basis of sex. Prior to the landmark cases Bostock v. Clayton County and R.G. & G.R. Harris Funeral Homes Inc. v. Equal Employment Opportunity Commission (2020), employment protections for LGBT people were patchwork; several states and localities explicitly prohibit harassment and bias in employment decisions on the basis of sexual orientation and/or gender identity, although some only cover public employees. Prior to the Bostock decision, the Equal Employment Opportunity Commission (EEOC) interpreted Title VII to cover LGBT employees; the EEOC determined that transgender employees were protected under Title VII in 2012, and extended the protection to encompass sexual orientation in 2015.

<span class="mw-page-title-main">Women in the Federated States of Micronesia</span> Overview of the status of women in the Federated States of Micronesia

Women in the Federated States of Micronesia are women who live in or are from the Federated States of Micronesia, an independent sovereign island nation composed of four states. Thus, FSM women includes women from the States of Yap, Chuuk, Pohnpei and Kosrae.

The Federated States of Micronesia is a United States Associated State consisting of 4 states across the Western Pacific Ocean. The estimated population in 2015 was 105,216. Formerly the FSM was a part of the Trust Territory of the Pacific Islands (TTPI) but in 1979 formed its own constitutional government. FSM has a written constitution which took effect in 1979 and has been amended only once in 1990. By virtue of membership in the United Nations, the FSM abides by the UN Declaration of Human Rights (UDHR). Key human rights concerns in FSM include judicial delays, government corruption, discrimination against women, domestic violence and child neglect.

<span class="mw-page-title-main">Health in the Federated States of Micronesia</span>

The Human Rights Measurement Initiative finds that the Federated States of Micronesia are fulfilling 94.9% of what it should be fulfilling for the right to health based on its level of income. When looking at the right to health with respect to children, the Federated States of Micronesia achieve 97.1% of what is expected based on their current income. In regards to the right to health amongst the adult population, the country achieves only 91.9% of what is expected based on the nation's level of income. The Federated States of Micronesia fall into the "good" category when evaluating the right to reproductive health because the nation is fulfilling only 95.8% of what the nation is expected to achieve based on the resources (income) it has available.

<span class="mw-page-title-main">The Church of Jesus Christ of Latter-day Saints in the Federated States of Micronesia</span> Regional presence of The Church of Jesus Christ of Latter-day Saints

The Church of Jesus Christ of Latter-day Saints in the Federated States of Micronesia refers to the Church of Jesus Christ of Latter-day Saints and its members in the Federated States of Micronesia (FSM). The church's first known missionaries arrived on July 5, 1978. As of December 31, 2022, there were 5,966 members in 23 congregations in FSM. The LDS Church has congregations in every state in the FSM.

The Federated States of Micronesia does not recognise same-sex marriage, civil unions or any other form of recognition for same-sex couples.

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. 1 2 3 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. 1 2 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. 1 2 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.