Tuvalu

Tuvalu is a parliamentary democracy located midway between Hawaii and Australia in the Pacific Ocean. The islands of Tuvalu are no more than fifteen feet above sea level, and the islands are often the victim of cyclones. Rising sea levels also threaten the nation.[ref]https://www.smithsonianmag.com/science-nature/will-tuvalu-disappear-beneath-the-sea-180940704/[/ref]

As of 2020, Tuvalu’s population was 11,792 million.[ref]https://data.worldbank.org/indicator/SP.POP.TOTL?locations=TV[/ref] The majority of the population (around 97%) is affiliated with the Congregational Christian Church of Tuvalu or EKT. Seventh-day Adventists make up 1.4% of the population, and 1% are part of the Baha’i faith. There are also some Catholics, Muslims, Baptists, Jehovah’s Witnesses, and members of the Church of Jesus Christ of Latter-day Saints.[ref]https://www.state.gov/reports/2018-report-on-international-religious-freedom/tuvalu/[/ref]

Constitution and government Education and children’s rights Family, community, society, religious courts and tribunals Freedom of expression advocacy of humanist values
Preferential treatment is given to a religion or religion in general
There is an established church or state religion
Discriminatory prominence is given to religious bodies, traditions or leaders
Expression of core humanist principles on democracy, freedom or human rights is somewhat restricted
Anomalous discrimination by local or provincial authorities, or overseas territories
Concerns that secular or religious authorities interfere in specifically religious freedoms
Insufficient information or detail not included in this report
Constitution and government
Preferential treatment is given to a religion or religion in general
There is an established church or state religion
Anomalous discrimination by local or provincial authorities, or overseas territories
Education and children’s rights
Insufficient information or detail not included in this report
Family, community, society, religious courts and tribunals
Discriminatory prominence is given to religious bodies, traditions or leaders
Freedom of expression advocacy of humanist values
Expression of core humanist principles on democracy, freedom or human rights is somewhat restricted
Concerns that secular or religious authorities interfere in specifically religious freedoms
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

Countries: Kazakhstan

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
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
No condition holds in this strand

Countries: Andorra

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.

Countries: Botswana, Greece, Serbia, United States of America

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)

Countries: Andorra, Antigua and Barbuda, Armenia, Bahamas, Belize, Bolivia, Brunei Darussalam, Congo, Democratic Republic of, Croatia, Cuba, Dominica, Dominican Republic, El Salvador, Eswatini, Fiji, Gambia, Ghana, Guatemala, Guinea, Hungary, Iran, Italy, Jamaica, Jordan, Liberia, Lithuania, Mexico, Moldova, Montenegro, Mozambique, Nicaragua, North Macedonia, Oman, Paraguay, Qatar, Romania, Russia, Saint Lucia, Saint Vincent and the Grenadines, Saudi Arabia, Senegal, Slovakia, Solomon Islands, Sri Lanka, Suriname, Timor-Leste (East Timor), Trinidad and Tobago, Ukraine, Zambia

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

Countries: Bulgaria, Norway, Peru, Rwanda

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

Countries: Bahrain, Comoros, Jordan, Kuwait

‘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

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.

Countries: Albania, Algeria, Andorra, Antigua and Barbuda, Argentina, Australia, Austria, Bahamas, Belize, Bhutan, Bosnia and Herzegovina, Brazil, Burundi, Canada, Cape Verde, Chile, Colombia, Croatia, Cyprus, Czech Republic, Denmark, Dominican Republic, Equatorial Guinea, Eritrea, Ethiopia, Finland, Germany, Ghana, Guatemala, Guyana, Haiti, Iceland, India, Indonesia, Ireland, Israel, Italy, Jamaica, Japan, Kuwait, Kyrgyzstan, Liberia, Lithuania, Luxembourg, Madagascar, Malawi, Malaysia, Mali, Malta, Mauritania, Mauritius, Montenegro, Mozambique, Nepal, New Zealand, Nigeria, North Macedonia, Oman, Panama, Paraguay, Peru, Philippines, Poland, Qatar, Romania, Rwanda, San Marino, Serbia, Seychelles, Sierra Leone, Singapore, Slovakia, Solomon Islands, Sri Lanka, Tajikistan, Tanzania, Timor-Leste (East Timor), Tunisia, Turkey, Tuvalu, United Kingdom, Vanuatu, Venezuela, Zimbabwe

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.

Countries: Bangladesh, Pakistan, Saudi Arabia

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)
‘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
Government authorities push a socially conservative, religiously or ideologically inspired agenda, without regard to the rights of those with progressive views
It is illegal to advocate secularism or church-state separation, or such advocacy is suppressed
Prohibitive interreligious social control (including interreligious marriage bans)
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.

Countries: China, Congo, Democratic Republic of, Cuba, Equatorial Guinea, Ethiopia, Guinea, Guyana, Italy, Kazakhstan, Laos, Madagascar, Mexico, North Macedonia, Romania, Serbia, Tajikistan, Togo, Turkmenistan, Uzbekistan, Zimbabwe

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
Legend
 
Systemic Discrimination
Mostly Satisfactory
No Rating
More information about rating table

Constitution and government

The Constitution[ref]https://www.ilo.org/dyn/natlex/docs/ELECTRONIC/3899/95791/F656430737/TUV3899.pdf[/ref] and other laws and policies protect freedom of thought, conscience and religion, as well as freedom of expression, assembly and association. Most of these rights are protected in practice, although there are some restrictions on religious organizations, including limiting minority religious groups ability to gather.[ref]https://www.state.gov/reports/2019-report-on-international-religious-freedom/tuvalu/[/ref]

The Constitution provides for separation of church and state; however, the Congregational Christian Church of Tuvalu (in Tuvaluan, Te Ekalesia Kelisiano Tuvalu, or EKT) is by law the state church, although the main benefit of this status is “the privilege of performing special services on major national events.”[ref]https://www.state.gov/reports/2019-report-on-international-religious-freedom/tuvalu/[/ref]

The preamble of the Constitution states the country is “an independent State based on Christian principles, the Rule of Law, and Tuvaluan custom and tradition”, while the Principles of the Constitution underscore that the right of Tuvaluans to “a full, free and happy life, and to moral, spiritual, personal and material welfare” are rights that are “given to them by God.”[ref]https://www.constituteproject.org/constitution/Tuvalu_1986.pdf?lang=en[/ref]

Government ceremonies at the national level, such as the opening of parliament, and at the island-council level, often include Christian prayers and clergy.[ref]https://www.state.gov/reports/2019-report-on-international-religious-freedom/tuvalu/[/ref]

The Religious Organizations Restriction Act[ref]http://ilo.org/dyn/natlex/natlex4.detail?p_lang=en&p_isn=89619&p_count=96232[/ref] places some limits on religious organizations. For example, any new religious group must register with the government or face prosecution, and all religious groups in the country must also register with and obtain approval from the traditional elder councils, known as Falekaupule, of any island on which they conduct services.[ref]https://www.state.gov/reports/2020-report-on-international-religious-freedom/tuvalu/[/ref] The act also allows the Falekaupule to withhold permission to certain religious groups to meet publicly should they be locally judged to “directly threaten the values and culture of the island community.” These powers have been used to discourage meetings of some minority religious groups.[ref]https://www.state.gov/reports/2020-report-on-international-religious-freedom/tuvalu/[/ref]

Education and children’s rights

According to a 2017 UNICEF report on the status of children in Tuvalu, there are 30 schools on the island including 18 early childhood and care centres, 10 primary schools, and 2 secondary schools. Of the 10 primary schools, most are state run, while one is run by the Seventh Day Adventist Church. Of the two secondary schools, one is faith based and receives a government grant while the other is run by the government.[ref]https://www.unicef.org/pacificislands/media/1266/file/Situation-Analysis-of-Children-Tuvalu.pdf[/ref]

The Marriage Act of 2008[ref]http://tuvalu-legislation.tv/cms/images/LEGISLATION/PRINCIPAL/1967/1967-0008/MarriageAct_1.pdf[/ref] outlawed marriage of children under the age of 16. Female genital mutilation (FGM) does not appear to be common practice in Tuvalu.

Family, community and society

Sex between men is criminalized in Section 153 of the Penal Code,[ref]https://tuvalu-legislation.tv/cms/images/LEGISLATION/PRINCIPAL/1965/1965-0007/PenalCode_1.pdf[/ref] the punishment being fourteen years of imprisonment.[ref]https://www.humandignitytrust.org/country-profile/tuvalu/[/ref] Yet there are no reports of enforcement of this law.[ref]https://www.state.gov/wp-content/uploads/2021/03/TUVALU-2020-HUMAN-RIGHTS-REPORT.pdf[/ref]

Marital rape is not criminalized in Tuvalu.[ref]https://asiapacific.unwomen.org/en/countries/fiji/co/tuvalu[/ref] Over one-third of women in Tuvalu have experienced physical violence, while 21% of women have experienced sexual violence.[ref]https://www.borgenmagazine.com/womens-empowerment-in-tuvalu/[/ref]

The EKT does exert influence in the community, including by limiting activities on Sunday and promoting modest dressing in villages.[ref]https://www.state.gov/reports/2019-report-on-international-religious-freedom/tuvalu/[/ref]

Freedom of expression, advocacy of humanist values

The Constitution guarantees freedom of expression yet the government media department controls the only radio station and there are no local independent and private media sources.[ref]https://www.state.gov/reports/2018-country-reports-on-human-rights-practices/tuvalu/[/ref] While Tuvalu also guarantees freedom of peaceful assembly, island chiefs are permitted to restrict assembly for public worship.[ref]https://www.state.gov/reports/2018-country-reports-on-human-rights-practices/tuvalu/[/ref] Some religious minority group leaders have applauded the central government’s efforts to guarantee freedom of religion or belief but have noted that that message has been less effective in certain areas such as the outer islands.[ref]https://www.state.gov/reports/2019-report-on-international-religious-freedom/tuvalu/[/ref]