Tuvalu Prohibits Discrimination but Misses Key Protection for LGBTQ+ Rights
The Pacific island nation of Tuvalu has recently implemented a new constitution that prohibits discrimination based on sex and disability, unless it conflicts with traditional values. While this is a positive step towards equal rights, human rights groups and United Nations agencies are concerned that the constitutional amendments fail to protect individuals from discrimination based on sexual orientation or gender identity.
Tuvalu, with a population of approximately 11,000, is one of the world’s smallest states and heavily relies on international support to fund its long-term plans for land reclamation in the face of rising sea levels. The updated constitution, which took nearly a decade to review, also includes language addressing the threat of human-driven climate change to Tuvalu’s people and islands. It asserts that Tuvalu’s statehood will remain intact regardless of the physical loss caused by climate change or other factors.
The constitution was approved by Tuvalu’s parliament last month and went into effect on Monday, coinciding with the anniversary of Tuvalu’s independence from the United Kingdom in 1975. The issue of prohibiting discrimination on the basis of sex had been a topic of debate until recently, with the reviewing committee struggling to reach an agreement.
Simon Kofe, a Tuvaluan legislator and former foreign minister known for drawing attention to the existential threat of rising sea levels to Tuvalu, stated on Twitter that the constitution represents the country’s commitment to political stability, good governance, and the preservation of its rich Tuvaluan culture.
However, concerns remain regarding gender inequality and other forms of discrimination in Tuvalu. A 2022 U.N. report on gender equality in the country highlighted the exclusion of women from decision-making processes and the high prevalence of violence against women. A 2019 government study revealed that a significant percentage of men believed it was justifiable to use violence against their wives in certain circumstances, while a considerable number of women reported experiencing sexual violence from their husbands or partners.
While Tuvalu fares better than some other Pacific island countries in terms of women’s equality, there is still work to be done. Amnesty International’s Pacific researcher, Kate Scheutze, expressed disappointment that the new constitution fails to protect individuals from discrimination based on sexual orientation and gender identity. She believes it is a missed opportunity for Tuvalu to align itself with international human rights standards.
Additionally, some experts are raising concerns about how the constitution balances human rights and freedoms with culture and religion. They question whether the emphasis on protecting human rights is sufficient or if certain provisions dilute the overall protection of rights.
It is important to note that several Pacific island countries have already enacted laws against same-sex relations. In the case of Tuvalu, the lack of provision against discrimination based on sexual orientation and gender identity reflects its challenge in catching up with international human rights standards.
The new constitution also acknowledges the Falekaupule, which are councils of elders on Tuvalu’s islands, as the source of traditional authority. It places significant emphasis on Tuvaluan culture and values, aiming to strike a balance between rights and freedoms.
Overall, Tuvalu’s new constitution represents its efforts to secure political stability, implement good governance, and preserve its unique Tuvaluan culture. However, ensuring equal rights for all, including LGBTQ+ individuals, remains a crucial aspect that needs to be addressed in the pursuit of a fair and just society.
