📋 Tender Overview
1. Overview of the human rights and democracy situation: Tuvalu is a Constitutional monarchy. King Charles III is the Head of State, represented by a Governor-General. The country held its last four-yearly election to Parliament on 9 September 2019, with a peaceful and orderly political transition. Tuvalu has approximately 6 000 eligible voters and does not face serious governance issues, however a frequent use of the parliamentary vote of no confidence is a source of instability.
There have been no reports of systematic violation of human rights in Tuvalu in 2022. Human rights are widely respected in Tuvalu, the rule of law is sound, and the principles of good governance are generally adhered to. The National Human Rights Institution Act 2017 created an independent rights body by giving the Ombudsman power to receive complaints and initiate inquiries into human rights issues, as well as undertake activities to promote awareness of fundamental human rights. Tuvalu has become the first Pacific country to launch a National Action Plan on Human Rights, developed with the support of the EU, Australia and the Pacific Community. Tuvalu’s Association of Non- Governmental Organisations - TANGO - is an umbrella organisation for its 48 members, which play active role in developmental and human rights issues.
However, a few areas of concern remain, in particular increased gender violence due to the COVID-19 pandemic. Although Tuvalu’s legislation does not prohibit discrimination based on gender or sexual orientation, consensual same-sex relations between men remain criminalised under the Penal Code (although there are no reports of law enforcement).
Gender-based violence is rooted in traditional behavioural norms of a patriarchal society and often remains unreported due to the “culture of silence”. Tuvalu has a normative framework in place against violence against women and a Domestic Violence Unit has been established within the police. However, the social and economic consequences of COVID-19 crisis have led to an increase in gender–based, sexual and domestic violence. According to UN Women, the percentage of Lifetime Physical and/or Sexual Intimate Partner Violence in Tuvalu was at 37%. A number of Tuvalu NGOs promote awareness on women’s rights, gender equality and economic empowerment, sexual and reproductive health and rights. The government has established a Family Protection Fund to support victims of violence and arranged a system of psychological support Tuvalu has also adopted legislation prohibiting corporal punishment. However, women's rights and gender equality continue to be areas which need further improvement, including, inter alia, employment discrimination, land inheritance aspects or local governance arrangements. Women remain underrepresented in the Parliament (only one woman Member of Parliament).
There is no private or independent media. The Tuvalu Media Departments, under the Office of the Prime Minister, is the only media outlet in Tuvalu. Internet access is expanding, but limited due to communication facilities and high costs. While there were no government restrictions on press and media freedom and the law provides for freedom of expression, there is lack of media ownership diversity. Tuvalu Media Corporation is a semi-public company, controlled by the government.
There are a number of policy documents in place, including the National Strategy for Sustainable Development 2016-202, and the National Human Rights Action Plan 2016-2020, capturing Tuvalu's commitments under human rights international instruments and the Universal Periodic Review. In 2017, National Human Rights Institution Act was adopted by the Parliament to provide a mechanism to ensure protection of human rights and fundamental freedoms.
Tuvalu is one of the most environmentally fragile countries in the Pacific. An adverse impact of climate change is affecting human rights such as the rights to life, development, food, health, housing, water and sanitation.
2. EU action - key focus areas: The EU continues assisting Tuvalu to tackle root causes of violence against women and girls, providing support to civil society, encouraging Tuvalu to accede to the key international human rights instruments and help addressing the adverse impact of climate change.
3. EU bilateral political engagement: The second High Level Enhanced EU-Tuvalu Political Dialogue under Article 8 of the Cotonou Agreement was held in Funafuti on 26 April 2019. The parties discussed, inter alia, preparation to the General Election, progress in the area of human rights, accession to the core Human Rights Conventions and some outstanding human rights issues in Tuvalu, including domestic violence and empowerment of women, as well as the impact of climate change challenges on human rights. Areas for political engagement have been further discussed in bilateral meetings at various levels, including in the margins of the Pacific Islands Forum summits.
During 2022, the EU carried out demarches and outreach activities inviting Tuvalu to support human rights initiatives, to support Ukraine and other priorities at the UN level. The EU is also committed to addressing the impacts of the COVID-19 pandemic in Tuvalu. With climate change and human rights inextricably linked in the Pacific region, the EU Delegation for the Pacific will continue to actively promote climate change awareness and action through its interactions with Tuvalu.
4. EU financial engagement: Awareness-raising and support to civil society and non-state actors were essential elements for the implementation of the regional roadmap for CSOs in the Pacific. One of the focal areas for EU assistance to Tuvalu is environmental protection, more specifically waste management, implemented through the 11th European Development Fund EUR 6.8 million (of which 5.9 million for budget support) programme Sustainable Waste Programme in Tuvalu.
