Human rights in Tuvalu
Encyclopedia
Tuvalu
is a small island nation in the South Pacific with a population of 10,544. Tuvalu has a written constitution which includes a statement of rights influenced by the United Nations Universal Declaration of Human Rights and the European Convention on Human Rights
. While most human rights
in Tuvalu are respected, areas of concern include women’s rights and freedom of belief, as well as diminishing access to human rights in the face of global warming
.
on 5 September 2000. It has ratified two of the nine core human rights treaties - The Convention on the Elimination of all Forms of Discrimination against Women (CEDAW) and the Convention on the Rights of the Child (CRC
). During its Universal Period Review in December 2008, Tuvalu accepted recommendations to ratify human rights treaties to which it is not yet a party, yet it refused to amend domestic law in order to be in compliance with CEDAW.
Tuvalu law prohibits discrimination on the basis of race, colour, and place of origin, with no mention of gender. In 2005 the High Court of Tuvalu held that this omission was deliberate, therefore there is no constitutional protection against sex discrimination. Domestic violence
is a problem in Tuvalu, with a 2007 demographic and health survey conducted by the Secretariat of the Pacific Community
reporting that approximately 47 percent of the women surveyed had experienced some type of violence in their lifetime. Police have been criticised for seeking to address violence against women using traditional and customary methods of reconciliation rather than criminal prosecution.
While sodomy
is illegal in Tuvalu and carries a maximum penalty of 14 years imprisonment, this law has not been used to prosecute citizens in recent years, and discrimination based on sexual orientation
is not common.
. The impact of global warming is curtailing some of the human rights of Tuvalu’s citizens including the right to life
and the right to health
. If Tuvalu is able to establish these human rights violations, it may be able to seek injunctive relief to prevent States from continuing to contribute to global warming through the UN Office of the High Commissioner for Human Rights (OHCHR). Those seeking to leave the island due to global warming do not fit the legal definition of a ‘refugee
’, as set out in the United Nations
Convention Relating to the Status of Refugees
. Thus as current international law stands, Tuvaluans seeking to escape the effects of global warming are not privy to the extensive legal protections offered to those who do fulfil the definition of refugee.
Tuvalu
Tuvalu , formerly known as the Ellice Islands, is a Polynesian island nation located in the Pacific Ocean, midway between Hawaii and Australia. Its nearest neighbours are Kiribati, Nauru, Samoa and Fiji. It comprises four reef islands and five true atolls...
is a small island nation in the South Pacific with a population of 10,544. Tuvalu has a written constitution which includes a statement of rights influenced by the United Nations Universal Declaration of Human Rights and the European Convention on Human Rights
European Convention on Human Rights
The Convention for the Protection of Human Rights and Fundamental Freedoms is an international treaty to protect human rights and fundamental freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe, the convention entered into force on 3 September 1953...
. While most human rights
Human rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
in Tuvalu are respected, areas of concern include women’s rights and freedom of belief, as well as diminishing access to human rights in the face of global warming
Global warming
Global warming refers to the rising average temperature of Earth's atmosphere and oceans and its projected continuation. In the last 100 years, Earth's average surface temperature increased by about with about two thirds of the increase occurring over just the last three decades...
.
International treaties
Tuvalu became one of the smallest members of the United NationsUnited Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
on 5 September 2000. It has ratified two of the nine core human rights treaties - The Convention on the Elimination of all Forms of Discrimination against Women (CEDAW) and the Convention on the Rights of the Child (CRC
CRC
- Organizations :* California Rehabilitation Center, a state prison in the USA* Cambridge Regional College, a further education college* Cambridge Regional College F.C., a semi-professional football club in England* Canada Research Chair* Capital Research Center...
). During its Universal Period Review in December 2008, Tuvalu accepted recommendations to ratify human rights treaties to which it is not yet a party, yet it refused to amend domestic law in order to be in compliance with CEDAW.
Women’s rights
Tuvalu acceded to CEDAW in 1999, however it has not been implemented into Tuvalu’s national legal system.Tuvalu law prohibits discrimination on the basis of race, colour, and place of origin, with no mention of gender. In 2005 the High Court of Tuvalu held that this omission was deliberate, therefore there is no constitutional protection against sex discrimination. Domestic violence
Domestic violence
Domestic violence, also known as domestic abuse, spousal abuse, battering, family violence, and intimate partner violence , is broadly defined as a pattern of abusive behaviors by one or both partners in an intimate relationship such as marriage, dating, family, or cohabitation...
is a problem in Tuvalu, with a 2007 demographic and health survey conducted by the Secretariat of the Pacific Community
Secretariat of the Pacific Community
The Secretariat of the Pacific Community, or SPC , is a regional intergovernmental organisation whose membership includes both nations and territories...
reporting that approximately 47 percent of the women surveyed had experienced some type of violence in their lifetime. Police have been criticised for seeking to address violence against women using traditional and customary methods of reconciliation rather than criminal prosecution.
Sexual minorities
Main Article: LGBT rights in TuvaluLGBT rights in Tuvalu
Male on male sex is illegal in Tuvalu. The Penal Code sections 153, 154 and 155 outlaws homosexual intercourse. There are no LGBT recognitions or rights in Tuvalu.-153 Unnatural offences:Any person who — commits buggery with another person or with an animal; or...
While sodomy
Sodomy
Sodomy is an anal or other copulation-like act, especially between male persons or between a man and animal, and one who practices sodomy is a "sodomite"...
is illegal in Tuvalu and carries a maximum penalty of 14 years imprisonment, this law has not been used to prosecute citizens in recent years, and discrimination based on sexual orientation
Sexual orientation
Sexual orientation describes a pattern of emotional, romantic, or sexual attractions to the opposite sex, the same sex, both, or neither, and the genders that accompany them. By the convention of organized researchers, these attractions are subsumed under heterosexuality, homosexuality,...
is not common.
Global warming
As it is a low lying island, it has been predicted that Tuvalu will be the first nation to be wiped out due to global warmingGlobal warming
Global warming refers to the rising average temperature of Earth's atmosphere and oceans and its projected continuation. In the last 100 years, Earth's average surface temperature increased by about with about two thirds of the increase occurring over just the last three decades...
. The impact of global warming is curtailing some of the human rights of Tuvalu’s citizens including the right to life
Right to life
Right to life is a phrase that describes the belief that a human being has an essential right to live, particularly that a human being has the right not to be killed by another human being...
and the right to health
Right to health
The right to health is the economic, social and cultural right to the highest attainable standard of health. It is recognised in the Universal Declaration of Human Rights and International Covenant on Economic, Social and Cultural Rights.- Definition :...
. If Tuvalu is able to establish these human rights violations, it may be able to seek injunctive relief to prevent States from continuing to contribute to global warming through the UN Office of the High Commissioner for Human Rights (OHCHR). Those seeking to leave the island due to global warming do not fit the legal definition of a ‘refugee
Refugee
A refugee is a person who outside her country of origin or habitual residence because she has suffered persecution on account of race, religion, nationality, political opinion, or because she is a member of a persecuted 'social group'. Such a person may be referred to as an 'asylum seeker' until...
’, as set out in the United Nations
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
Convention Relating to the Status of Refugees
Convention Relating to the Status of Refugees
The United Nations Convention Relating to the Status of Refugees is an international convention that defines who is a refugee, and sets out the rights of individuals who are granted asylum and the responsibilities of nations that grant asylum. The Convention also sets out which people do not...
. Thus as current international law stands, Tuvaluans seeking to escape the effects of global warming are not privy to the extensive legal protections offered to those who do fulfil the definition of refugee.