Committee on the Rights of the Child's Concluding Observations for Tuvalu's Initial Periodic Report

Below is a short summary of the key issues from the CRC's 64th session Concluding Observations for Tuvalu. Click on the link above for the full text, and here for the alternative reports submitted by NGOs and the CRC's Concluding Observations for other States it reviewed.

Administration of juvenile justice: The Committee is concerned that the age of criminal liability is only 10 years, and that there is no set minimum age for the deprivation of liberty. In addition, the Committee is particularly concerned about inhuman sentencing of children, namely that Island Courts can order a parent or guardian to cane a child and that legislation specifically allows for life imprisonment of children (eg the minimum penalty of 15 years and maximum of life for murder applies equally to children and adults). The Committee strongly urges Tuvalu to bring its juvenile justice system in line with international law. In particular, the Committee recommends the State raise the age of criminal liability and repeal laws allowing sentencings of life and corporal punishment for children in conflict with the law.

Click here for CRIN’s campaign against inhuman sentencing of children.

Click here for a report on creating a non-violent juvenile justice system, and here for our child-friendly justice toolkit.

Right to privacy: The Committee is concerned that names of child offenders are published and that the Attorney General’s Office has no policy to prevent publicity and to protect the privacy and identity of children in conflict with the law. The Committee recommends Tuvalu guarantees the right to privacy for children in conflict with the law and ensures their identity is not revealed.

Violence against children

Corporal punishment: The Committee is deeply concerned that the Constitution and Penal Code allow parents and guardians to physically punish children, and that corporal punishment is still widely practiced in homes and schools. The Committee urges Tuvalu to bring all laws, policies and regulations in full conformity with the Convention on the Rights of the Child and ban corporal punishment in all settings, and promote non-violent and participatory forms of raising a child.

Sexual abuse: The Committee mentioned significant gaps in Tuvalu’s sexual abuse laws, namely that only penile penetration is considered sexual assault, girls aged 15 and above can be charged with incest if they are deemed to have consented, sexual offences against boys are not legally recognised, marital rape is not a crime, and child sexual abuse images are not specifically prohibited. Among other things, the Committee recommends Tuvalu review and revise all relevant legislation to protect all children from sexual assault, and ensure all forms of it are prohibited and criminalised, and to improve opportunities for confidential reporting and ensure investigations are carried out in a child-sensitive manner.

Click here for CRIN’s dedicated violence microsite.

Access to information (sexual and reproductive health): The Committee remains concerned that sexual and reproductive health education in schools and services and counselling are insufficient and ineffective (43.6% of adolescents are reportedly sexually active, yet only 20.3% used a condom when they have sex for the first time, leading to a very high rate of STIs among young people and early pregnancies). The Committee recommends Tuvalu strengthen and increase access to sexual and reproductive health education in schools for both boys and girls and provide them with sufficient and practical knowledge, and ensure access to confidential services.

Read more about children’s right to access information about their health in CRIN’s submission for the 2013 Human Rights Council’s Annual day on the Rights of the Child on the right to health.

Non-discrimination: The Committee is concerned anti-discrimination provisions in the Tuvalu Constitution do not recognise discrimination based on gender and disability, and that legislation discriminates against women and girls, particularly mothers and children born out of wedlock, in relation to land inheritance rights and child custody. The Committee recommends Tuvalu review its Constitution and amend discriminatory legislation, and also enact legislation to explicitly prohibit discrimination based on any grounds (including gender, disability and birth).

Freedom of thought, conscience and religion: The Committee is deeply concerned that Tuvalu’s Constitution stipulates that human rights can be restricted if it is deemed “divisive, unsettling or offensive to the people or threatens the values and culture of Tuvalu”, and that under legislation religious organisations can only be registered at the discretion of Falekaupule (council of elders). The Committee is also concerned that in practice freedom of religion is not respected in schools. The Committee strongly recommends that the State take all necessary measures to guarantee freedom of thought, conscience and religion across all relevant laws, and to report on these measures to the Committee in its next review.

Early marriage: The Committee is concerned that the age of marriage is 16, and urges Tuvalu to raise it to 18 years for both boys and girls.

For more on early marriage, see a report by the International NGO Council on Violence against Children on harmful practices based on tradition, cultural, religion and superstition.