Vanuatu

Vanuatu is small island nation in the South Pacific comprised of roughly 80 islands with a population estimate of 303,009. According to the most recent estimates (2009), 70% of the population belong to denominations of Protestantism, 12.4% are Roman Catholic, 3.7% hold customary beliefs, approximately 13% are followers of an estimated 88 other religious groups, including Baha’is, Buddhists, Muslims, and several newly formed groups, while 1.1% are non-religious.[ref]https://www.cia.gov/the-world-factbook/countries/vanuatu/#people-and-society; https://www.state.gov/reports/2019-report-on-international-religious-freedom/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. Owing to its history of colonization, the small country is home to as many as 112 languages, however its official languages are French, English and Bismala.

Use of Conscientious Objection clauses resulting in the denial of lawful services to women and LGBTI+ people
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
Insufficient information or detail not included in this report
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
Insufficient information or detail not included in this report

Countries: no countries relate to this boundary condition

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

The non-religious are persecuted socially or there are prohibitive social taboos against atheism, humanism or secularism
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: North Korea

Expression of core Humanist principles on democracy, freedom and human rights is brutally repressed
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
There is significant social marginalisation of the non-religious or stigma associated with expressing atheism, humanism or secularism
Religious or ideological indoctrination is utterly pervasive in schools
There is a nominal state church with few privileges or progress is being made toward disestablishment
The non-religious are barred from some government offices (including posts reserved for particular religions or sects)
‘Apostasy’ is outlawed and punishable with a prison sentence
‘Apostasy’ or conversion from a specific religion is outlawed and punishable by death
Some religious courts rule in civil or family matters on a coercive or discriminatory basis
Religious authorities have supreme authority over the state
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.

There is a pattern of impunity or collusion in violence by non-state actors against the nonreligious
State-funded schools provide religious education which may be nominally comprehensive but is substantively biased or borderline confessional
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 legislation is largely or entirely derived from religious law or by religious authorities
Religious or ideological instruction is mandatory in at least some public schools (without secular or humanist alternatives)
‘Blasphemy’ or criticism of religion is outlawed and punishable by death
Government figures or state agencies openly marginalize, harass, or incite hatred or violence against the non-religious
It is illegal to advocate secularism or church-state separation, or such advocacy is suppressed
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 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
There is a religious tax or tithing which is compulsory, or which is state-administered and discriminates by precluding non-religious groups
The non-religious are barred from holding government office
Some concerns about children's right to specifically religious freedom

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 illegal or unrecognised to identify as an atheist or as non-religious
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]https://www.gov.vu/index.php/about/constitution-of-vanuatu[/ref] is largely secular, though its preamble might exclude non-believers –

“proclaim the establishment of the united and free Republic of Vanuatu founded on traditional Melanesian values, faith in God, and Christian principles”

The document recognizes “freedom of conscience and worship” as a fundamental right “t subject to respect for the rights and freedoms of others and to the legitimate public interest in defence, safety, public order, welfare and health”.  Government officials are allowed to choose between a religious oath and a non-religious affirmation.

The law requires religious groups to register; however, the government did not enforce this requirement. Registration allows the religious group to maintain a bank account. [ref]https://www.state.gov/reports/2019-report-on-international-religious-freedom/vanuatu/[/ref]

Official deference to religion

The government provides an annual grant to the interdenominational Vanuatu Christian Council (VCC) – a NGO made up of her seven member churches that runs development projects in the community all intertwined with religious activities, including managing public schools – amounting to some 10 million vatu (approx. US$88,700) in 2019. The Prime Minister is said to have called for greater transparency and accountability on spending following accusations of misuse of funds. [ref]https://www.state.gov/reports/2019-report-on-international-religious-freedom/vanuatu/[/ref]

In 2019, the Prime Minister of the Republic is reported to have “commended the churches for their prayers that helped to maintain government stability, allowing the current government to complete its four-year term successfully” while also citing concerns that the nation’s churches were not full on Sundays, encouraging the VCC to expand its outreach to the young.[ref]https://dailypost.vu/news/pm-wants-vanuatu-christian-council-to-be-transparent-with-vt10-million-grant/article_5d588cb4-00e0-11ea-b2e4-db0db57abf24.html[/ref]

In March, 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]https://dailypost.vu/news/to-preach-or-not-to-preach/article_ac004ecb-9e4c-5637-be0e-da27d98a0726.html[/ref]

The Ministry of Health cooperates with six churches, including Seventh-day Adventists, Presbyterians, Anglicans, the Church of Christ, Assemblies of God, and the Church of Jesus Christ, to provide health, educational, economic, and disaster response assistance to needy local communities.[ref]https://www.state.gov/reports/2019-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 also dominated by Christianity though pupils have the right to abstain from RE classes.[ref]https://www.state.gov/reports/2019-report-on-international-religious-freedom/vanuatu/[/ref]

According to law, children may not be refused school admission or be treated unfavorably because of their religion.

Family, community and society

Gender discrimination

According to the US State Department, “[w]omen were slowly emerging from a traditional culture characterized by male dominance” where traditions preclude them from land ownership or property inheritance. In addition, “Customary bride-price payments continued and contributed to the perception of male ownership of women.”[ref]https://www.state.gov/wp-content/uploads/2021/03/VANUATU-2020-HUMAN-RIGHTS-REPORT.pdf[/ref]

Sexual and Reproductive Health Rights

Abortion remains illegal in Vanuatu with the penal code setting a sentence of two years for any women who “intentionally procure her own miscarriage”.[ref]https://www.ilo.org/dyn/natlex/docs/ELECTRONIC/88512/101229/F1616956608/VUT88512.pdf[/ref] Under the law, the only exception is for the vaguely-worded “good medical reason.” In 2017, the World Health Organization raised concerns that the absence of “exceptions for cases of rape or incest and that this prohibition leads teenage girls into unsafe abortions with consequent risk for their life and health.”[ref]https://abortion-policies.srhr.org/country/vanuatu/[/ref]

LGBTI+ rights

In 2011, Vanuatu signed a statement at the UN to end ‘acts of violence and related human rights violations based on sexual orientation and identity’.[ref]https://geneva.usmission.gov/2011/03/22/lgbtrights/[/ref] However, LGBTI+ people face legal challenges and discrimination.[ref]https://freedomhouse.org/country/vanuatu/freedom-world/2020; https://www.upr-info.org/sites/default/files/document/vanuatu/session_32_-_january_2019/kahrf_upr32_vut_e_main.pdf; https://www.state.gov/wp-content/uploads/2021/03/VANUATU-2020-HUMAN-RIGHTS-REPORT.pdf[/ref] Same-sex unions are not recognised in any form, mostly due to religious opposition.[ref]https://www.equaldex.com/region/vanuatu[/ref] There is no legal protection against forms of identity discrimination.

Freedom of expression, advocacy of humanist values

Freedom of expression, assembly and association are guaranteed under the Constitution and generally respected.[ref]https://www.constituteproject.org/constitution/Vanuatu_2013.pdf?lang=en; https://freedomhouse.org/country/vanuatu/freedom-world/2020[/ref]

Media freedom

Public officials have faced accusations of intimidation of journalists as a result of their critical reporting.[ref]https://freedomhouse.org/country/vanuatu/freedom-world/2020[/ref]

In November 2019, the government cancelled the residency visa and refused to renew a work permit for Dan McGarry, media director of the Daily Post – Vanuatu’s only daily 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.[ref]https://www.amnesty.org/en/documents/asa44/1489/2019/en/[/ref] The Supreme Court revoked the travel ban in December, allowing McGarry to return to Vanuatu. [ref]https://freedomhouse.org/country/vanuatu/freedom-world/2020[/ref]

“Insult” to religion

Under Article 88 of the Penal Code:[ref]https://www.ilo.org/dyn/natlex/docs/ELECTRONIC/88512/101229/F1616956608/VUT88512.pdf[/ref]

“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 offence may face up to two years’ imprisonment. However, the law does not appear to be enforced.