Vanuatu

Vanuatu is a small island state in the South Pacific made up of a string of at least 80 islands with an estimated population of 318,007.[ref]“Vanuatu”, The World Factbook, CIA, last updated 25 November 2024 https://www.cia.gov/the-world-factbook/countries/vanuatu/ [/ref] Formerly known as the New Hebrides, it was under joint British and French administration until it attained independence in the 1980s, joining the United Nations in 1981. More than 100 languages are spoken, however the official languages are French, English and Bislama.[ref]“Vanuatu”, Britannica, accessed December 2024 https://www.britannica.com/place/Vanuatu#ref53973 [/ref]

According to the most recent estimates (2020), 93% of the population are Christian. Of this an estimated 26% are Presbyterian, 25% Assemblies of God, 12% Anglican, 12% Roman Catholic, and 12% Seventh-day Adventists, with other Christian groups making up the rest. 5% of the population adhere to the John Frum Movement, an Indigenous religious group with its own political party, based on the island of Tanna. There are also small numbers of Baha’is and Muslims.[ref]2023 Report on International Religious Freedom: Vanuatu, US Department of State, accessed December 2024 https://www.state.gov/reports/2023-report-on-international-religious-freedom/vanuatu/ [/ref] Estimates do not take into consideration the possible existence of non-religious individuals.

The state is secular, with separation of religious and political authorities, not discriminating against any religion or belief
Insufficient information or detail not included in this report

Countries: no countries relate to this boundary condition

Religious or ideological instruction is mandatory in all or most state-funded schools with no secular or humanist alternative
Insufficient information or detail not included in this report

Countries: Angola, South Sudan, Tuvalu

Religious courts or tribunals rule directly on some family or ‘moral’ matters; it is legally an opt-in system, but the possibility of social coercion is very clear
Insufficient information or detail not included in this report
No fundamental restrictions on freedom of expression or advocacy of humanist values
Insufficient information or detail not included in this report

Countries: no countries relate to this boundary condition

No condition holds in this strand

Countries: Lesotho, Uzbekistan

No condition holds in this strand

Countries: Andorra

No condition holds in this strand
No condition holds in this strand

Countries: no countries relate to this boundary condition

Localised or infrequent but recurring and widespread social marginalisation or prejudice against the non-religious

This condition is unusual in that it is applied in cases where there is some social discrimination, but it is not pervasive or nationwide. This condition is applied when there is sufficient background evidence to warrant the assertion that discrimination is not anomalous but widespread, and this condition may be applied for example even where if there is no legislative discrimination or where the non-religious may have legal recourse against such discrimination. However, societal discrimination (i.e. discrimination by peers, as opposed to state or legal discrimination) is not easily measured, and for this reason the Report does not currently have similar more severe boundary conditions to capture higher levels of social discrimination per se. In principle these may be introduced in future. However, we consider that countries with actual higher levels of social discrimination against the non-religious will generally already meet other higher level (more severe) boundary conditions under this thematic strand.

The dominant influence of religion in public life undermines the right to equality and/or non-discrimination

Applied when the influence of religion on public life undermines others’ rights, such as SRHR, women’s rights, LGBTI+ rights.

May be applied when the influence is overt (i.e. when religious laws are applied to undermine others’ rights) or covert (i.e. where religious pressure groups exert influence to affect policy)

Use of Conscientious Objection clauses resulting in the denial of lawful services to women and LGBTI+ people
Complete tyranny precludes all freedoms of expression and thought, religion or belief

Applied when overriding acts of oppression by the State are extreme, to the extent that the question of freedom of thought and expression is almost redundant, because all human rights and freedoms are quashed by authorities.

Countries: Afghanistan, North Korea

The non-religious are barred from some government offices (including posts reserved for particular religions or sects)
There is a nominal state church with few privileges or progress is being made toward disestablishment

Countries: Bulgaria, Norway, Peru, Rwanda

Religious or ideological indoctrination is utterly pervasive in schools
Expression of non-religious views is severely persecuted, or is rendered almost impossible by severe social stigma, or is highly likely to be met with hatred or violence
The non-religious are persecuted socially or there are prohibitive social taboos against atheism, humanism or secularism
There is significant social marginalisation of the non-religious or stigma associated with expressing atheism, humanism or secularism
Expression of core Humanist principles on democracy, freedom and human rights is brutally repressed
Religious authorities have supreme authority over the state

Countries: Iran

State legislation is partly derived from religious law or by religious authorities
Preferential treatment is given to a religion or religion in general

This condition is applied where there are miscellaneous indicators that organs of the state offer various forms of support for a religion, or to religion in general over non-religious worldviews, suggesting a preference for those beliefs, or that the organs of that religion are privileged.

Religious or ideological instruction in a significant number of schools is of a coercive fundamentalist or extremist variety

This condition highlights countries where schools subject children to fundamentalist religious instruction with no real opportunity to question fundamentalist tenets, or where lessons routinely encourage hatred (for example religious or ethnic hatred). The wording “significant number of schools” is not given a rigid quantification (sometimes the worst-offending schools are unregistered, illegal, or otherwise uncounted); however the condition is not applied in cases where only a small number of schools meet the description and may be anomalous, as opposed to being indicative of a widespread problem.

State-funded schools provide religious education which may be nominally comprehensive but is substantively biased or borderline confessional
There is a pattern of impunity or collusion in violence by non-state actors against the non-religious
Some religious courts rule in civil or family matters on a coercive or discriminatory basis
‘Apostasy’ or conversion from a specific religion is outlawed and punishable by death
‘Apostasy’ is outlawed and punishable with a prison sentence

Countries: Bahrain, Comoros, Jordan, Kuwait

State legislation is largely or entirely derived from religious law or by religious authorities
Anomalous discrimination by local or provincial authorities, or overseas territories
Religious or ideological instruction is mandatory in at least some public schools (without secular or humanist alternatives)
Government figures or state agencies openly marginalize, harass, or incite hatred or violence against the non-religious
Government authorities push a socially conservative, religiously or ideologically inspired agenda, without regard to the rights of those with progressive views
‘Blasphemy’ or criticism of religion is outlawed and punishable by death
Quasi-divine veneration of a ruling elite is enforced, or a single-party regime holds uncontested power, subject to severe punishment
Legal or constitutional provisions exclude non-religious views from freedom of religion or belief
It is illegal to register an explicitly Humanist, atheist, secularist or other non-religious NGO or other human rights organization, or such groups are persecuted by authorities
Prohibitive interreligious social control (including interreligious marriage bans)
It is illegal to advocate secularism or church-state separation, or such advocacy is suppressed
The non-religious are barred from holding government office
There is a religious tax or tithing which is compulsory, or which is state-administered and discriminates by precluding non-religious groups
It is illegal or unrecognised to identify as an atheist or as non-religious
Some concerns about children's right to specifically freedom of religion or belief

This condition may apply if specifically religious education, religious materials, or specific religious denominations are so tightly controlled that children are in fact over-protected from exposure to religion and are likely unable to explore or construct their own worldview in accordance with their evolving capacities. This condition helps us to classify states (perhaps with secular constitutions) which have criminalized specifically religious beliefs or practices. This condition is not applied if the restricted beliefs or practices are found to be outlawed due to their being of an extremist variety. While this condition does not directly reflect discrimination against non-religious persons or non-religious ideas, it does represent an overall threat to freedom of thought, conscience, religion or belief; such restrictions could spill over to affect non-religious beliefs later; and they pose a risk of backlash against over-zealous secular authorities or even against non-religious individuals by association.

It is made difficult to register or operate an explicitly Humanist, atheist, secularist or other non-religious NGO or other human rights organization
 
Severe Discrimination
Systemic Discrimination
Mostly Satisfactory

Constitution and government

The Constitution of Vanuatu[ref]Constitution of Vanuatu https://www.gov.vu/images/legislation/constitution-en.pdf [/ref] does not designate a state religion, however it refers to a commitment to “traditional Melanesian values, faith in God, and Christian principles”. “In God We Stand”, is the nation’s motto,[ref]“Vanuatu – an island that stays forever”, VBTC, 9 December 2024 https://vbtc.vu/en/vanuatu-an-island-that-stays-forever/ [/ref] and officials customarily take government oaths of office with a hand on the Bible.

The Constitution recognizes “freedom of conscience and worship” as a fundamental right, “subject to respect for the rights and freedoms of others and to the legitimate public interest in defense, safety, public order, welfare and health”. The penal code allows for a penalty of up to two years in prison for discrimination, including on the basis of religion.[ref]2023 Report on International Religious Freedom: Vanuatu, US Department of State, accessed December 2024 https://www.state.gov/reports/2023-report-on-international-religious-freedom/vanuatu/ [/ref]

The government involves itself in religious matters. For example, President Nikenike Vurobaravu attended a church service in July 2024 during which he acknowledged the positive role of churches in building the nation and called upon congregations to address the issue of broken homes in Vanuatu.[ref]Charles Hakwa, “President Vurobaravu acknowledges Churches’ contributions towards nation”, Daily Post, 12 July 2024 https://www.dailypost.vu/news/president-vurobaravu-acknowledges-churches-contributions-towards-nation/article_30ecb3a2-6ee5-577f-a245-71ce00922666.html [/ref] In June 2024, the President called on citizens to take part in national prayer and fasting.[ref]Ezra Toara, “President Nikenike Calls for National Prayer and Fasting”, Daily Post, 8 June 2024 https://www.dailypost.vu/news/president-nikenike-calls-for-national-prayer-and-fasting/article_86384f4b-e364-51a5-9cff-97db7eefd815.html [/ref]

In 2019, the Prime Minister of the Republic is reported to have expressed concerns that the nation’s churches were not full on Sundays, encouraging the VCC to expand its outreach to the young.[ref]Anita Roberts, “PM wants Vanuatu Christian Council to be transparent with Vt10 million grant”, Daily Post, 7 November 2019 https://www.dailypost.vu/news/pm-wants-vanuatu-christian-council-to-be-transparent-with-vt10-million-grant/article_5d588cb4-00e0-11ea-b2e4-db0db57abf24.html [/ref] In the same year, the Minister for Internal Affairs called on all churches to hold more “open-air crusades” – public preaching – as a way to combat crime around Port Vila.[ref]Charles Hakwa, “To Preach Or Not To Preach?” Daily Post, 12 March 2019
https://www.dailypost.vu/news/to-preach-or-not-to-preach/article_ac004ecb-9e4c-5637-be0e-da27d98a0726.html [/ref]

Religious Groups

Religious groups must register with the government, on penalty of a fine not exceeding 50,000 vatu ($430).[ref]2023 Report on International Religious Freedom: Vanuatu, US Department of State, accessed December 2024 https://www.state.gov/reports/2023-report-on-international-religious-freedom/vanuatu/ [/ref]

The government interacts with religious groups primarily through the interdenominational Vanuatu Christian Council (VCC) composed of the Catholic Church, Anglican Church, Presbyterian Church, Church of Christ, and Apostolic Church, with Seventh-day Adventists and the Assemblies of God having observer status.[ref]2023 Report on International Religious Freedom: Vanuatu, US Department of State, accessed December 2024 https://www.state.gov/reports/2023-report-on-international-religious-freedom/vanuatu/ [/ref] Government officials attend religious events and comment publicly on religious matters.

In July 2023, the secretary general of the VCC raised concerns about government departments directly hiring chaplains for chaplaincy services and said this amounted to “improper political influence”.[ref]2023 Report on International Religious Freedom: Vanuatu, US Department of State, accessed December 2024
https://www.state.gov/reports/2023-report-on-international-religious-freedom/vanuatu/ [/ref] He said the nominations for chaplains should be coming from the VCC and that they did not recognize the government-hired chaplains.[ref]Anita Roberts, “Chaplains in gov’t departments a political influence: VCC”, Daily Post, 4 July 2023 https://www.dailypost.vu/news/chaplains-in-gov-t-departments-a-political-influence-vcc/article_5a2d676c-1447-5be9-90db-50a772f725f5.html [/ref]

Religious minorities

Religious minorities, including the Muslim and Baha’i communities, criticize the government for not allowing non-Christian clergy to lead ceremonial prayers at national events. Some members of minority faith groups also believe that members of dominant religious groups ridicule their beliefs.[ref]2023 Report on International Religious Freedom: Vanuatu, US Department of State, accessed December 2024 https://www.state.gov/reports/2023-report-on-international-religious-freedom/vanuatu/ [/ref]

Education and children’s rights

The government provides funding to religious schools and pays teacher’s salaries. These benefits are not available to the few non-Christian religious schools in the country. Religious education is provided in public schools and is dominated by Christianity, though pupils have the right to abstain from these classes.[ref]2023 Report on International Religious Freedom: Vanuatu, US Department of State, accessed December 2024 https://www.state.gov/reports/2023-report-on-international-religious-freedom/vanuatu/ [/ref]

According to the law, children may not be refused school admission or be treated unfavorably because of their religion.[ref] Republic of Vanuatu, Education Act No. 9 of 2014 https://moet.gov.vu/docs/acts/Education%20Act_No.%209%20of%202014.pdf [/ref]

Violence against children

During Vanuatu’s Universal Periodic Review (UPR) of its human rights record by the United Nations (UN), the UN Country team identified violence against children as the most widespread child protection concern in the country, particularly violent discipline at home.[ref]UN Human Rights Council, Working Group on the Universal periodic Review, Forty-sixth session, Vanuatu, “Compilation of information prepared by the Office of the United Nations High Commissioner for Human Rights” 29 April – 10 May 2024
https://documents.un.org/doc/undoc/gen/g24/018/41/pdf/g2401841.pdf [/ref] A 2024 study by Save the Children also highlighted the prevalence of violence at schools despite a ban on the use of physical punishment by teachers since 2001.[ref]“Regional Child Protection Situational Analysis – Pacific”, Save the Children, 6 May 2024 https://www.savethechildren.org.nz/assets/Files/Reports/Regional-Child-Protection-Situational-Analysis-Pacific_Report_FINAL-with-links.pdf [/ref]

Child marriage

The current law on marriage in Vanuatu allows girls to marry from the age of 16. The UN Country team in Vanuatu and UNESCO have recommended that Vanuatu set the minimum age of marriage for both men and women at 18 years.[ref]UN Human Rights Council, Working Group on the Universal periodic Review, Forty-sixth session, Vanuatu, “Compilation of information prepared by the Office of the United Nations High Commissioner for Human Rights” 29 April – 10 May 2024
https://documents.un.org/doc/undoc/gen/g24/018/41/pdf/g2401841.pdf [/ref] Save the Children’s 2024 study explains that while cases of child marriage appear to be decreasing, there are still those who who continue to support the practice including some traditional and church leaders.[ref]“Regional Child Protection Situational Analysis – Pacific”, Save the Children, 6 May 2024 https://www.savethechildren.org.nz/assets/Files/Reports/Regional-Child-Protection-Situational-Analysis-Pacific_Report_FINAL-with-links.pdf [/ref]

Family, community and society

Vanuatu society is deeply patriarchal. This patriarchal value system is supported by traditional and religious structures, and affects most aspects of family and community life.

Gender discrimination

The Constitution of Vanuatu does not prohibit discrimination on grounds of gender, marital status, sexual orientation or disability. Women have limited access to justice and legal assistance, and traditional and customary laws discriminate against women and preclude them from land ownership or property inheritance. The registration of customary marriage is not mandatory and prevents women claiming these rights.[ref] UN Human Rights Council, Working Group on the Universal periodic Review, Forty-sixth session, Vanuatu, “Compilation of information prepared by the Office of the United Nations High Commissioner for Human Rights” 29 April – 10 May 2024 https://documents.un.org/doc/undoc/gen/g24/018/41/pdf/g2401841.pdf [/ref] The evolving practice of “bride-price payments” contributes to the perception of male ownership over women.[ref]Seni Iasona, “’You become a commodity’: What’s the expense for women of the bride price custom?”, ABC, 1 December 2023 https://www.abc.net.au/pacific/bride-price-sistas-lets-talk/103171812 [/ref] Only men can automatically pass citizenship to their children at birth.[ref]Freedom in the World 2024: Vanuatu, Freedom House, accessed December 2024 https://freedomhouse.org/country/vanuatu/freedom-world/2024 [/ref]

Gender-based violence

According to UN-Women, Vanuatu has a high rate of violence against women and girls. Access to the formal justice system for victims remains problematic, and social stigma and fear of reprisals inhibit reporting. Although the Family Protection Act 2008 includes a relatively comprehensive definition of domestic violence, the Penal Code provides a narrow definition of rape and spousal rape is not criminalized. Police and courts rarely intervene in cases of gender-based violence nor impose strong penalties.[ref]UN Human Rights Council, Working Group on the Universal periodic Review, Forty-sixth session, Vanuatu, “Compilation of information prepared by the Office of the United Nations High Commissioner for Human Rights” 29 April – 10 May 2024 https://documents.un.org/doc/undoc/gen/g24/018/41/pdf/g2401841.pdf [/ref]

Abortion

Abortion remains illegal in Vanuatu with the Penal Code (Section 117)[ref]Laws of the Republic of Vanuatu, Consolidated edition 2006, Chapter 135, Penal Code https://natlex.ilo.org/dyn/natlex2/natlex2/files/download/88512/VUT88512.pdf [/ref] setting a sentence of two years for any woman who “intentionally procure[s] her own miscarriage.” Under the law, the only exception is for the vaguely-worded “good medical reason.” Christian values are often referred to by those opposing the widening of the provisions.[ref]Kate Burry, Kristen Beek, Lisa Vallely, Heather Worth, Bridget Haire, “Illegal abortion and reproductive injustice in the Pacific Islands: A qualitative analysis of court data, Developing World Bioethics, Volume 23, issue 2, 25 April 2022 https://onlinelibrary.wiley.com/doi/10.1111/dewb.12352 [/ref]

LGBTI+ rights

Although same-sex relations are not criminalized in Vanuatu, same-sex unions are not recognized in any form, and there is no legal protection against forms of identity discrimination. Violence against the LGBTI+ community remains widespread.[ref]UN Human Rights Council, Working Group on the Universal periodic Review, Forty-sixth session, Vanuatu, “Compilation of information prepared by the Office of the United Nations High Commissioner for Human Rights” 29 April – 10 May 2024
https://documents.un.org/doc/undoc/gen/g24/018/41/pdf/g2401841.pdf [/ref]

In November 2024, the parliament of Vanuatu passed a law banning same-sex marriage.[ref]Jordan Hirst, “Vanuatu parliament passes law banning same-sex marriage”, Q News, 18 November 2024 https://qnews.com.au/vanuatu-parliament-passes-law-to-ban-same-sex-marriage/ [/ref] This move has come at a time when the government is considering passing a law to ban LGBTI+ “promotion and advocacy”. The proposed legislation appears to be targeted at the organization V-Pride whose activities, according to the National Human Rights Coordinator, “contradict Vanuatu constitution’s preambles, Christian principles, and Melanesian values”. The VCC Chairman thanked the government for the proposed legislation saying that, “the church does not support this lifestyle”.[ref]“Vanuatu moves to ban LGBTQIA+ advocacy”, RNZ, 5 November 2024 https://www.rnz.co.nz/international/pacific-news/532858/vanuatu-moves-to-ban-lgbtqia-advocacy[/ref]

Freedom of expression, advocacy of humanist values

Freedom of expression, assembly and association are guaranteed under the Constitution and generally respected.

Media freedom

Public officials have sometimes faced accusations of intimidation of journalists as a result of their critical reporting.[ref]Freedom in the World 2024: Vanuatu, Freedom House, accessed December 2024 https://freedomhouse.org/country/vanuatu/freedom-world/2024 [/ref]

In November 2019,[ref]RSF condemns cancellation of Vanuatu newspaper editor’s work permit”, Reporters Without Borders, 14 November 2019
https://rsf.org/en/rsf-condemns-cancellation-vanuatu-newspaper-editor-s-work-permit [/ref] the government cancelled the residency visa and refused to renew a work permit for Dan McGarry, media director of the Daily Post newspaper. McGarry was reported to believe that the revocation of his visa and work permit were in retaliation for his publication of reports on the alleged growing influence of China in the country. The Supreme Court revoked the travel ban a month later, allowing McGarry to return to Vanuatu.[ref]Freedom in the World 2024: Vanuatu, Freedom House, accessed December 2024 https://freedomhouse.org/country/vanuatu/freedom-world/2024 [/ref]

Defamation

In June 2021, new criminal defamation provisions came into force in Vanuatu, which provide for up to three years imprisonment for false representation on a public platform that could, “expose another person to public hatred, contempt, or ridicule” or “injure that person’s profession, reputation, office, business, trade or occupation”. It is thought that these changes could have a chilling effect on journalists and freedom of expression in the country.[ref]“Criminal defamation provisions create a chilling effect on freedom of expression in Vanuatu”, CIVICUS, 24 August 2021 https://monitor.civicus.org/explore/criminal-defamation-provisions-create-chilling-effect-freedom-expression-vanuatu/#:~:text=Under%20the%20law%2C%20an%20individual,or%20occupation%22%20on%20public%20platforms [/ref] UN organizations have recommended that defamation be decriminalized in accordance with international standards.[ref]UN Human Rights Council, Working Group on the Universal periodic Review, Forty-sixth session, Vanuatu, “Compilation of information prepared by the Office of the United Nations High Commissioner for Human Rights” 29 April – 10 May 2024
https://documents.un.org/doc/undoc/gen/g24/018/41/pdf/g2401841.pdf [/ref]

“Insult” to religion

Under Article 88 of the Penal Code:

“No person shall destroy, damage or defile any place of worship or any object which is held sacred by any class of persons with the intention of thereby insulting the religion of any class of persons or with the knowledge that any class of persons is likely to consider such destruction, damage or defilement as an insult to their religion.”

Those convicted of the offense may face up to two years’ imprisonment. However, this de facto blasphemy law does not appear to be enforced.