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TITLE: TUVALU HUMAN RIGHTS PRACTICES, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
DATE: FEBRUARY 1995
TUVALU
Tuvalu, with about 9,500 people, occupies a land surface area
of 26 square kilometers on 9 atolls in the central South
Pacific. The population is primarily Polynesian. Tuvalu
became independent from the United Kingdom on October 1, 1978,
and it is a member of the Commonwealth of Nations. Its
Constitution provides for a Westminster-style parliamentary
democracy. Tuvalu's Head of State is the British Queen,
represented by the Governor General who must be a Tuvaluan
citizen.
A 32-member police constabulary, the only security apparatus,
is responsible to and effectively controlled by civilian
authority.
The economy, primarily subsistence based, relies mainly on
coconuts, taro, and fishing. Tuvalu depends heavily on foreign
aid, mainly from Australia, New Zealand, Japan, and Taiwan.
Remittances from Tuvaluans working abroad and the sale of
commemorative and thematic postage stamps and of fishing
licenses to foreign vessels provide additional sources of
foreign exchange. Tuvalu's isolation and meager natural
resources severely limit prospects for economic
self-sufficiency.
Tuvaluan society is egalitarian, democratic, and respectful of
human rights. Social behavior, as determined by custom and
tradition, however, is considered as important as the law and
is ensured by the village elders. Land is also key to much of
the structure of Tuvaluan society. There were no reports of
specific human rights abuses in 1994. However, in the
traditional culture of the islands, women occupy a subordinate
role, with limits on their job opportunities, although recently
there has been substantial effort to accord women equality in
employment and decisionmaking.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
There were no reports of politically motivated or other
extrajudicial killings.
b. Disappearance
There were no reports of disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
The Constitution forbids torture and inhuman or degrading
punishment, and there were no reported instances of such
practices. Local hereditary elders exercise considerable
traditional authority--including the seldom invoked right to
inflict corporal punishment for infringing customary
rules--which can be at odds with the national law.
d. Arbitrary Arrest, Detention, or Exile
Constitutional safeguards against arbitrary arrest and
detention are observed in practice. There is no exile.
e. Denial of Fair Public Trial
The judicial system consists of the higher courts, namely, the
Privy Council, the Court of Appeal, and the High Court; and the
lower courts, i.e., those of the senior and resident
magistrates, the island courts, and the land courts. The Chief
Justice, who is also Chief Justice of the neighboring island
nation of Nauru, sits on the High Court about once a year.
The right to a fair public trial is ensured by law and observed
in practice. The Constitution provides that accused persons
must be informed of the nature of the offenses with which they
are charged and be provided the time and facilities required to
prepare a defense. An independent people's lawyer is ensured
by statute. The services of this public defender are available
to all Tuvaluans free of charge. The right to confront
witnesses, present evidence, and appeal convictions is
enshrined in law. Procedural safeguards are based on English
common law. The judiciary is independent and free of
governmental interference. Tuvalu has no political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The Government adheres in practice to the legal protection of
privacy of the home. It does not arbitrarily intrude into the
private life of the individual.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Government respects in practice freedom of speech and
press. Tuvalu has a radio station under government control.
b. Freedom of Peaceful Assembly and Association
The Constitution provides for freedom of assembly and
association, and there are no significant restrictions in
practice.
c. Freedom of Religion
The Constitution provides for separation of church and state
and imposes no restrictions on freedom of religion.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Citizens are free to travel within the country and abroad. The
Government does not restrict repatriation. Tuvalu has no
refugees or displaced persons.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
The people freely and directly elect a 12-member unicameral
Parliament, whose normal term is 4 years. Each of Tuvalu's
nine atolls is administered by six-person councils, also
elected by universal suffrage to 4-year terms. The minimum
voting age is 18 years.
The Cabinet consists of the Prime Minister, elected by secret
ballot from among the Members of Parliament, and up to four
other ministers, appointed and removed from office by the
Governor General with the advice of the Prime Minister. The
Prime Minister may appoint or dismiss the Governor General on
behalf of the British Monarch. There are no formal political
parties in Tuvalu. The Prime Minister may be removed from
office by a parliamentary vote of no confidence.
In an effort to cement his leadership, Prime Minister Kamuta
Latasi in June named Tulaga Manuella to be the Governor
General, replacing Toomu Sione, who had served in that position
only for 7 months. Latasi revoked Sione's appointment on the
grounds that it was a political appointment from the last days
of former Prime Minister Paeniu's government.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
There have been no reported allegations of human rights
violations by the Government and no known requests for
investigations. While no known barriers block their
establishment, there are no local nongovernmental organizations
that concern themselves with human rights. Tuvalu is not a
member of the United Nations.
Section 5 Discrimination Based on Race, Sex, Religion,
Disability, Language, or Social Status
Women
The Constitution prohibits discrimination on the basis of race,
creed, sex, or national origin. Women increasingly hold
positions in the health and education sectors. This trend was
partly due to former Prime Minister Paeniu, who favored greater
opportunities for women. Paeniu named women among his senior
advisers, including them in his Cabinet. Although the current
Prime Minister has not appointed any women to his Cabinet, he
has encouraged the participation of women in other areas of the
Government, especially in the Tuvaluan Education for Life
program.
Violence against women is rare in Tuvalu. If wife beating
occurs, it is infrequent and has not become a source of
societal concern.
Children
There are no reports of child abuse. If it does occur, it is
rare. The Government is committed to children's human rights
and welfare and provides commensurate funding for children's
welfare within the context of the total resources available to
the State.
People with Disabilities
Although there are no mandated accessibility provisions for the
disabled, there are no known reports of discrimination in
employment, education, or provision of other state services.
Section 6 Worker Rights
a. The Right of Association
Workers are free to organize unions and choose their own labor
representatives, but most of the population lacks permanent
employment and is engaged in subsistence activity. The law
provides for the right to strike, but no strike has ever been
recorded.
In the public sector, the country's civil servants, teachers,
and nurses--who, taken together, total less than 1,000
employees--are grouped into associations which do not presently
have the status of unions. The only registered trade union,
the Tuvalu Seamen's Union, has about 600 members, who work on
foreign merchant vessels. The Seamen's Union is a member of
the International Transportation Workers' Federation.
b. The Right to Organize and Bargain Collectively
The Industrial Relations Code (1978) provides for conciliation,
arbitration, and settlement procedures in cases of labor
disputes. Although there are provisions for collective
bargaining, the practice in the private sector is for wages to
be set by employers. For both the private and public sectors,
the legal procedures for resolving labor disputes noted above
are seldom used; instead, the two sides normally engage in
nonconfrontational deliberations in the local multipurpose
meeting hall.
Tuvalu is not a member of the International Labor Organization.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor
Article 74 of the Tuvalu Employment Ordinance (1978) prohibits
forced or compulsory labor, and there have been no reports of
either being practiced.
d. Minimum Age for Employment of Children
The Employment law prohibits children under the age of 14 from
working. Education is compulsory for children from 6 through
13 years of age. The law also prohibits children under 15
years of age from industrial employment or work on any ship and
stipulates that children under the age of 18 years are not
allowed to enter into formal contracts, including work
contracts. Children are rarely employed outside the
traditional economy.
e. Acceptable Conditions of Work
The modest minimum wage, set administratively by the
Government, is sufficient to allow a worker and family in the
wage economy to maintain a decent standard of living. The
present minimum wage in the public (government) sector is $0.40
per hour ($A0.55) per hour. This rate applies regardless of
sex and age. In most cases, the private sector adopts the same
minimum wage rate.
The Labor Office may specify the days and hours of work for
workers in various industries. The workday is legally set at 8
hours. The majority of workers are outside of the wage
economy. The law provides for rudimentary health and safety
standards. It requires employers to provide an adequate
potable water supply, basic sanitary arrangements, and medical
care. Specific provisions of the law provide for the
protection of female workers. The Ministry of Labor, Works and
Communications is responsible for the enforcement of the
rudimentary safety and health regulations but is able to
provide only minimum enforcement.
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