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Nauru
Summary of Domestic Prohibition
Slavery and slave trade
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Practices similar to slavery
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Servitude
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Forced or compulsory labour
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Human trafficking
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Forced marriage
There appears to be no legislation in Nauru that addresses forced marriage.
Consent to marriage
Although legislation in Nauru does not recognise consent as a strict requirement of marriage, section 49 of the Births, Deaths and Marriages Registration Act 2017 recognises that marriage is based on voluntary union of one man and one woman.
Servile marriage
There appears to be no legislation in Nauru that prohibits servile matrimonial transactions.
Marriage trafficking
There appears to be no legislation in Nauru that prohibits marriage trafficking.
Minimum age for marriage
The minimum age for marriage in Nauru is 18, without differentiation by gender, as set out on Article 50 of the 2017 Births, Deaths and Marriages Registration Act. Where marriages are conducted involving a person below the minimum age, the marriage is void, as set out on Article 68 of the 2017 Births, Deaths and Marriages Registration Act. Solemnising, aiding or abetting the marriage of a person under the age of 18 is an offence under Article 88 of the 2017 Births, Deaths and Marriages Registration Act, with a potential penalty of imprisonment up to five years or a fine up to $50,000 or both. There are no exceptions allowing marriage below this minimum age.
Region
Asia-Pacific
Regional Court
Not party to a court
Legal System
Mixed
International Instruments
International Obligations
- Human Trafficking
- Forced Marriage
- Consent to marriage
- Marriage Practices Similar to Slavery
- Marriage Trafficking
Regional Organisations
- Commonwealth
- Bali Process
Legislative Provisions
THE CONSTITUTION OF NAURU 1968
Preamble 3.
Whereas every person in Nauru is entitled to the fundamental rights and freedoms of the individual, that is to say, has the right, whatever his race, place of origin, political opinions, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following freedoms, namely:-
(a) life, liberty, security of the person, the enjoyment of property and the protection of the law;
the subsequent provisions of this Part have effect for the purpose of affording protection to those rights and freedoms, subject to such limitations of that protection as are contained in those provisions, being limitations designed to ensure that the enjoyment of those rights and freedoms by a person does not prejudice the rights and freedoms of other persons or the public interest.
5. Protection of personal liberty
(1.) No person shall be deprived of his personal liberty, except as authorised by law in any of the following cases:
6. Protection from forced labour
(1.) No person shall be required to perform forced labour.
(2.) For the purposes of this Article, “forced labour” does not include-
(a) labour required by the sentence or order of a court;
(b) labour required of a person while he is lawfully detained, being labour that, though not required by the sentence or order of a court, is reasonably necessary for the purposes of hygiene or for the maintenance of the place at which he is detained;
(c) labour required of a member of a disciplined force in pursuance of his duties as such a member; or
(d) labour reasonably required as part of reasonable and normal communal or other civic obligations.
7. Protection from inhuman treatment
No person shall be subjected to torture or to treatment or punishment that is inhuman or degrading.Nauru Constitution
CRIMES ACT 2016
88 Deprivation of liberty
(1) A person (the ‘defendant’) commits an offence if:
(a) the defendant intentionally takes or detains another person; and
(b) the defendant intends to unlawfully cause the other person to be confined or imprisoned; and
(c) either of the following applies:
(i) the other person is an adult and does not consent to being confined or imprisoned, and the defendant is recklessly indifferent to consent of the other person;
(ii) the other person is a child.
Penalty:
(i) if the other person is a child—10 years imprisonment; or
(ii) in any other case—7 years imprisonment.
(2) Strict liability applies to subsection (1)(c)(ii).
109 Compelling prostitution and giving of earnings from prostitution
(1) A person (the ‘defendant’) commits an offence if:
(a) the defendant engages in conduct; and
(b) the conduct is intimidatory conduct; and
(c) the conduct substantially contributes to another person entering into, or remaining in, prostitution; and
(d) the defendant intended the other person to enter into, or remain in, prostitution.
Penalty: 25 years imprisonment.
(2) A person (the ‘defendant’) commits an offence if:
(a) the defendant engages in conduct; and
(b) the conduct is intimidatory conduct; and
(c) the conduct substantially contributes to another person (‘person B’) giving the defendant or someone else any payment or reward earned by person B from prostitution; and
(d) the defendant intended person B to give any payment or reward earned by person B from prostitution.
Penalty: 25 years imprisonment.
(3) In this section:
‘intimidatory conduct’ means an explicit or implicit threat or promise that the defendant will:
(a) improperly use, to the detriment of any other person, any power or authority arising out of:
(i) an occupational or vocational position held by the defendant; or
(ii) a relationship between the defendant and the other person; or
(b) commit an offence punishable by imprisonment; or
(c) make an accusation or disclosure (whether true or false):
(i) about an offence committed by any person; or
(ii) about any other misconduct that is likely to seriously damage the reputation of any person; or
(iii) that any person is unlawfully in Nauru; or
(d) supply, or withhold supply of, any drug.
119 Engaging child to provide commercial sexual services
(1) A person commits an offence if:
(a) the person intentionally asks, engages, employs, causes or permits another person to provide a commercial sexual service; and
(b) the other person is a child.
Penalty:
(i) if the child is under 13 years old or aggravating circumstances apply—life imprisonment; or
(ii) in any other case—25 years imprisonment.
(2) Strict liability applies to subsection (1)(b).
120 Obtaining benefits from commercial sexual services with child
(1) A person commits an offence if:
(a) the person intentionally makes an arrangement; and
(b) the arrangement provides that the person will obtain a benefit because another person provides a commercial sexual service; and
(c) the other person is a child.
Penalty:
(i) if the child is under 13 years old—17 years imprisonment; or
(ii) in any other case—12 years imprisonment.
(2) A person commits an offence if:
(a) the person intentionally obtains a benefit; and
(b) the person knows that the benefit is proceeds of the provision of commercial sexual service by another person; and
(c) the other person is a child.
Penalty:
(i) if the child is under 13 years old—17 years imprisonment; or
(ii) in any other case—12 years imprisonment.
(3) Strict liability applies to subsection (1)(c) and (2)(c).
257 Dealing with person as a commodity
(1) A person commits an offence if the person:
(a) deals with a person (the ‘affected person’) as, or for the purpose of making the affected person, a slave; or
(b) permits another person to deal with a person (the ‘affected person’) as, or for the purpose of making the affected person, a slave; or
(c) induces a person (the ‘affected person’) to deal with:
(i) themself as, or for the purpose of making the affected person, a slave; or
(ii) any other person as, or for the purpose of making the affected person, a slave; or
(d) in exchange for material benefit:
(i) causes a person, without the person’s consent, to marry another person; or
(ii) gives a person, without the person’s consent, to another person under an inheritance or otherwise; or
(e) permits a child, for whom the person is a parent or guardian, to be put under the care or control of another person so that the child may be exploited; or
(f) deals with transport for the purpose of any activity mentioned in paragraphs (a) to (e).
Penalty: 25 years imprisonment.
(2) In this section: ‘deal’ with:
(a) a person includes:
(i) sell, buy, transfer, barter, let, hire, employ or otherwise use the person; or
(ii) detain, take, receive, transport or import the person; and
(b) transport includes build, fit out, sell, buy, transfer, let, hire, use, operate, navigate or work on the transport.
‘debt-bondage’ means the status or condition arising from a person promising their personal services, or the personal services of another person under the person’s care or control, as security for a debt if:
(a) the value of the services, as reasonably assessed, is not applied to the discharge of the debt; or
(b) the period in which the services are to be provided, and the nature of the services, are not limited or defined.
‘forced labour’ means the status or condition of a person who provides labour or personal services in circumstances in which a reasonable person in the same circumstances would not consider the person to be free to:
(a) stop providing the labour or services; or
(b) leave the place where the labour or services are provided, even if escape from the place is practically possible or the person has previously attempted escaping.
‘serfdom’ means the status or condition of a person who is by law, custom or agreement:
(a) required to live and work on land belonging to another person; and
(b) required to provide some determined service to the other person; and
(c) not free to change that status or condition.
‘slave’ means a person:
(a) over whom another person claims, and purports to exercise, a right of ownership; or
(b) in debt-bondage; or
(c) in forced labour; or
(d) in serfdom. Nauru Crimes Act
CRIMES ACT 2016
DIVISION 7.2 UNLAWFUL SEXUAL ACTS
104 Application to marriage and de facto partners
To remove any doubt, this Division applies even if the person alleged to have committed the offence is married or a de facto partner of the person in relation to whom the offence is committed.
DIVISION 14.1 –SLAVERY
257 Dealing with person as a commodity
(1) A person commits an offence if the person:
(a) deals with a person (the ‘affected person’) as, or for the purpose of making the affected person, a slave; or
(b) permits another person to deal with a person (the ‘affected person’) as, or for the purpose of making the affected person, a slave; or
(c) induces a person (the ‘affected person’) to deal with:
(i) themself as, or for the purpose of making the affected person, a slave; or
(ii) any other person as, or for the purpose of making the affected person, a slave; or
(d) in exchange for material benefit:
(i) causes a person, without the person’s consent, to marry another person; or
(ii) gives a person, without the person’s consent, to another person under an inheritance or otherwise; or
(e) permits a child, for whom the person is a parent or guardian, to be put under the care or control of another person so that the child may be exploited; or
(f) deals with transport for the purpose of any activity mentioned in paragraphs (a) to (e).
Penalty: 25 years imprisonment.
(2) In this section: ‘deal’ with:
(a) a person includes:
(i) sell, buy, transfer, barter, let, hire, employ or otherwise use the person; or
(ii) detain, take, receive, transport or import the person; and
(b) transport includes build, fit out, sell, buy, transfer, let, hire, use, operate, navigate or work on the transport.
‘debt-bondage’ means the status or condition arising from a person promising their personal services, or the personal services of another person under the person’s care or control, as security for a debt if:
(a) the value of the services, as reasonably assessed, is not applied to the discharge of the debt; or
(b) the period in which the services are to be provided, and the nature of the services, are not limited or defined.
‘forced labour’ means the status or condition of a person who provides labour or personal services in circumstances in which a reasonable person in the same circumstances would not consider the person to be free to:
(a) stop providing the labour or services; or
(b) leave the place where the labour or services are provided, even if escape from the place is practically possible or the person has previously attempted escaping.
‘serfdom’ means the status or condition of a person who is by law, custom or agreement:
(a) required to live and work on land belonging to another person; and
(b) required to provide some determined service to the other person; and
(c) not free to change that status or condition.
‘slave’ means a person:
(a) over whom another person claims, and purports to exercise, a right of ownership; or
(b) in debt-bondage; or
(c) in forced labour; or
(d) in serfdom.
BIRTHS, DEATHS AND MARRIAGE REGISTRATION ACT, 2017
3 Definitions
In this Act, unless the context requires otherwise:
…
‘adult’ means a person who is 18 years of age or more;
…
‘child’ means a person who is not an adult and includes a stillborn ‘child’ and has a corresponding meaning to that in the Child Protection and Welfare Act 2016;
…
‘marriage’ means a voluntary union between one man and one woman;
…
‘minor’ means any person under the age of 18 years;
49 Persons to marry
Marriage in the Republic shall be the voluntary union of one man and one woman.
50 Marriageable age
(1) The marriageable age of a person under the Act shall be at least 18 years.
(2) No person shall solemnise a marriage of a person who has not attained the age of at least 18 years.
68 Grounds where marriages are void
A marriage is void where:
(a) at the time of the solemnisation of the marriage, a person was lawfully married to another person either under the laws of the Republic or of a foreign country;
(b) the marriage is prohibited under Division 4;
(c) there was mistaken identity of the other person;
(d) there was misunderstanding of the nature and language of the solemnisation of the marriage;
(e) a person had medical, physical or mental incapacity at the time of the solemnisation of the marriage;
(f) a person was induced into the solemnisation of marriage;
(g) the marriage was solemnised under duress, coercion or other oppressive manner by one of the parties to the marriage or by a third person;
(h) the person was below the age of 18 years; and
(i) it is contrary to section 54 (3
70 Certain marriages solemnised in foreign country not recognised
A marriage solemnised in a foreign country shall not be recognised as a marriage in the Republic if the marriage is:
(a) between a male and another male;
(b) between a female and another female;
(c) not recognised as a lawful marriage under the written laws of the foreign country;
(d) a customary marriage practised in the foreign country; or
(e) of a person under the age of 18 years.
82 Causing false entry in Registers
(1) A person shall not knowingly, whether by means of false information provided to the Registrar or to a person empowered to solemnise marriages or by any other means, cause a false or incorrect entry to be made in a Register.
(2) A person who contravenes subsection (1) commits an offence and upon conviction is liable to a fine not exceeding $50,000 or to a term of imprisonment not exceeding 5 years or to both.
84 False Declarations, Etc.
(1) A person who wilfully makes a false statement in a declaration under this Act commits an offence.
(2) A person who, in connection with a proposed religious ceremony of marriage, makes to another person a written statement as to the matters specified in section 54 that, to the knowledge of the first-mentioned person is false in a material particular commits an offence.
(3) A person who forges a document or forges a signature to a document for the purpose of inducing another person to solemnise a marriage commits an offence.
(4) A person convicted of an offence under this section is liable to a fine not exceeding $50,000 or to a term of imprisonment not exceeding 5 years or to both.
87 Offence to solemnise marriage falsely pretending to be Marriage Officer
(1) No person shall falsely pretend to be a Marriage Officer and solemnise any marriage.
(2) A person who contravenes subsection (1) commits an offence and upon conviction is liable to a fine not exceeding $50,000 or to a term of imprisonment not exceeding 5 years or both.
88 Marriage of minors
A person who solemnises, aids or abets the marriage of a person under the age of 18 years commits an offence and upon conviction is liable to a fine not exceeding $50,000 or to a term of imprisonment not exceeding 5 years or to both.
89 Failure to require marriage declaration
A Marriage Officer who solemnises a marriage without requiring the parties to make the declaration referred to in section 63 commits an offence and upon conviction is liable to a fine not exceeding $50,000 or to a term of imprisonment not exceeding 5 years or to both.