Tuvalu - Universal Periodic Review

UPR 30, May 9, 2018
Recommendations by Canada

Recommendations

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Thank you, Mr. President.

Canada commends Tuvalu for implementing the Family Protection and Domestic Violence Act in 2014 to provide greater protection from domestic violence to children as well as adults, such as the provision of counselling services to victims.

Canada recommends that Tuvalu:

1. Reform the Penal Code to criminalize marital rape and continue to address customs and social patterns that perpetuate discrimination against women and girls.
2. Accede to the ICCPR and take steps to raise social awareness and understanding of the rights embodied in the instrument.
3. Amend sections 153-155 of the Penal Code to decriminalize same-sex conduct between consenting adults; prohibit discrimination based on sexual orientation and gender identity.
4. Take measures to fully guarantee freedom of religion or belief, including by addressing concerns from minority religious groups over limitations on their activities in the outer islands.

Canada welcomes Tuvalu’s introduction of a National Action Plan on Human Rights in January 2017. Canada applauds the consolidation of existing human rights treaty obligations and the Government of Tuvalu’s efforts to ensure that human rights continue to be prioritized in government policy-making.

Background

According to UPR Info, a non-governmental organization that tracks the Universal Periodic Review (UPR) process, Tuvalu received 148 recommendations in the first two cycles of the UPR, of which 117 were accepted (an acceptance rate of 79%). Canada’s previous recommendations were related to women’s and children’s rights, freedom of religion or belief and the ratification of international instruments.

Tuvalu’s Constitution sets out a number of protections to fundamental human rights and freedoms. The Constitution’s statement of rights is influenced by the UN Universal Declaration of Human Rights and the European Convention on Human Rights.

The elimination of discrimination and violence against women remains a challenge, as cultural norms and the authority of local chiefs result in women holding a subordinate societal position. Tuvalu acceded to CEDAW in 1999 but has not yet implemented the Convention into Tuvalu’s national legal system. In February 2017, the Canada Fund for Local Initiatives funded Tuvalu’s Gender Affairs Department to conduct a workshop to raise awareness of women’s rights under the Family Protection and Domestic Violence Act and to encourage greater participation by women in government.

Tuvalu has yet to ratify seven of the core human rights treaties, chief among them the International Covenant on Civil and Political Rights. As noted in Tuvalu’s 2008 UPR, the Government of Tuvalu has no objection to the substance of this Covenant but has no resources to commit to its ongoing reporting requirements.

Lesbian, gay, bisexual, transgender and intersex (LGBTI) persons in Tuvalu face limited protection under legislation. Although the law does not specifically prohibit discrimination based on sexual orientation or gender identity, there are no hate crime laws nor criminal justice mechanisms to aid in the prosecution of bias-motivated crimes against members of the LGBTI community. Sodomy remains a crime, with a maximum penalty of 15 years in prison.

While Tuvalu’s Bill of Rights ostensibly provides for freedom of religion and belief, it also provides that all rights must be balanced against Tuvaluan values, culture and tradition. A number of individuals from non-traditional and minority religious groups report facing discrimination from local religious leaders, who deem such groups a direct threat to Tuvalu’s traditional societal structures.