Tuvalu
PR Political Rights | 37 40 |
CL Civil Liberties | 56 60 |
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- Parliament unanimously approved a new constitution in September. Key changes increased the number of times parliament meets per year, placed limits on no-confidence votes; mandated that the powerful position of governor general would be filled via a balanced rotation among the country’s main islands, and outlawed discrimination on the basis of sex and disability.
- In September Australia and Tuvalu signed the Falepili Union, which, recognizing the threat climate change poses to the low-lying island nation, provides a pathway for a set number of Tuvaluans to settle annually in Australia. As part of the deal, Canberra gained power to veto Tuvaluan foreign policy decisions.
- The Falepili Union was also viewed as a tool for Australia to prevent Chinese government influence in the country. Tuvalu, which extends formal diplomatic relations to Taiwan, also signed three cooperation agreements with Taiwan in June, covering diplomatic, technological, and anticrime issues.
Was the current head of government or other chief national authority elected through free and fair elections? | 4.004 4.004 |
A governor general represents the British monarch as ceremonial head of state. The prime minister, chosen by Parliament, leads the government. Independent candidate Kausea Natano became prime minister after the free and fair September 2019 elections. He defeated another independent, Enele Sopoaga, in a secret ballot. Parliament was dissolved in late 2023 and the next election will be held in January 2024.
Were the current national legislative representatives elected through free and fair elections? | 4.004 4.004 |
The unicameral House of Assembly’s 16 members are directly elected through contests in eight geographical constituencies, each of which are represented by two members. The attorney general has an advisory role and does not vote. Each of the main inhabited islands is also governed by an elected local council.
In the free and fair September 2019 elections, all candidates ran as independents. Two women ran for seats in Parliament, though only one was elected.
In May 2022, Deputy Prime Minister Minute Alapati Taupo died, triggering a by-election for his seat. Kitiona Tausi won in July.
Are the electoral laws and framework fair, and are they implemented impartially by the relevant election management bodies? | 4.004 4.004 |
Tuvalu’s legal framework provides for democratic elections, and the laws are fairly and impartially implemented. An appointed secretary to the government is responsible for the supervision of elections and maintenance of voter rolls. Local polling officers are authorized to adjudicate election-related disputes in their districts, and there is a mechanism through which appeals may be filed.
Parliament unanimously passed the Constitution of Tuvalu Act of 2023 after an extensive parliamentary review. Key changes included a provision requiring that Parliament twice per year, rather than once; another that will effectively reduce the frequency of no-confidence votes; and a measure mandating that the powerful position of governor general will be filled via a balanced rotation among the country’s main islands. The new constitution also outlawed discrimination on the basis of sex and disability.
Do the people have the right to organize in different political parties or other competitive political groupings of their choice, and is the system free of undue obstacles to the rise and fall of these competing parties or groupings? | 4.004 4.004 |
There are no formal political parties, though no law bars their formation. Candidates typically run as independents and form loose, frequently shifting alliances once in office.
Is there a realistic opportunity for the opposition to increase its support or gain power through elections? | 4.004 4.004 |
Tuvalu has an established pattern of democratic transfers of power. Individual prime ministers and governments rarely last a full term, with intense political rivalries sometimes prompting no-confidence votes. Such votes will be restricted under constitutional amendments passed in 2023; under the new rules they cannot be held in the first 12 months or the last 12 months of a parliamentary term.
Are the people’s political choices free from domination by forces that are external to the political sphere, or by political forces that employ extrapolitical means? | 4.004 4.004 |
Traditional elders and the main Protestant church play an influential role in society, but they do not exercise undue control over individuals’ political choices.
Do various segments of the population (including ethnic, racial, religious, gender, LGBT+, and other relevant groups) have full political rights and electoral opportunities? | 3.003 4.004 |
All Tuvaluans aged 18 and over who are present in the country on polling day but not imprisoned are eligible to vote. Politics are generally dominated by older, well-educated men. While women formally have full political rights, their participation is somewhat inhibited by discriminatory and widespread biases. Two women ran in the 2019 elections; one of them, an incumbent, won a seat.
Do the freely elected head of government and national legislative representatives determine the policies of the government? | 4.004 4.004 |
Tuvalu’s elected officials develop and implement government policies and legislation without improper interference from any unelected entity. The country often receives funding from other countries and international entities to implement policies and programs. The Asian Development Bank, the World Bank, and partner countries provide the country with grants, but there have been no reported concerns of undue influence on government.
In 2019, the government reaffirmed its commitment to its relationship with Taiwan, which precludes any diplomatic ties with China and thus any influence Beijing might have on Funafuti.
In November 2023, Australia and Tuvalu signed the Falepili Union, which, in recognition of the threat climate change poses to Tuvalu, provides a pathway for a certain number of Tuvaluans annually to settle in Australia. As part of the deal, Canberra committed to providing military assistance in the event of aggression, and gained power to veto Tuvaluan foreign policy decisions. Some analysts as well as former prime minister Enele Sopoaga condemned the deal as a violation of Tuvalu’s sovereignty, and alleged that it was negotiated in secret. The Falepili Union was widely viewed as a tool for the Australian government to prevent Chinese government influence in Tuvalu.
Are safeguards against official corruption strong and effective? | 3.003 4.004 |
Corruption is not a severe problem in Tuvalu, and the country’s independent auditing and law enforcement bodies are generally effective in combating graft.
Tuvalu has received assistance from international donors to strengthen anticorruption laws.
Does the government operate with openness and transparency? | 3.003 4.004 |
Government operations and legislative processes are generally transparent, though there is no freedom-of-information law to guarantee and regulate public access to official records. While officials are legally obliged to disclose their assets and income, the rules are not consistently enforced, according to the US State Department.
The government has actively sought to use technology to disseminate information on official decisions that otherwise take days to reach the public.
Some public figures expressed concern about a lack of public consultation on the provisions of 2023’s Falepili Union.
Are there free and independent media? | 4.004 4.004 |
The constitution provides for freedom of the press, and there are no reported restrictions on this right, though the small media market does not support independent domestic news outlets. The government operates a radio station and a national newspaper. Many residents use satellite dishes to access foreign programming. Internet access is largely limited to the main island and is expensive and inconsistent everywhere else.
Are individuals free to practice and express their religious faith or nonbelief in public and private? | 4.004 4.004 |
The constitution and laws provide for freedom of religion, and this right is generally respected in practice. A Protestant church, the Congregational Christian Church of Tuvalu, has official status under the law, and a large majority of the population belongs to it. Cultural leaders are empowered to regulate local religious activities, and on smaller islands they sometimes discourage minority groups from proselytizing or holding public events.
Is there academic freedom, and is the educational system free from extensive political indoctrination? | 4.004 4.004 |
Academic freedom is generally respected.
Are individuals free to express their personal views on political or other sensitive topics without fear of surveillance or retribution? | 4.004 4.004 |
There are no significant restrictions on freedom of expression. The government does not improperly monitor personal communications or social media activity.
Is there freedom of assembly? | 4.004 4.004 |
Freedom of assembly is constitutionally protected and is typically upheld in practice.
Is there freedom for nongovernmental organizations, particularly those that are engaged in human rights– and governance-related work? | 4.004 4.004 |
Freedom of association is respected. Nongovernmental organizations operate without interference, providing a variety of services.
Is there freedom for trade unions and similar professional or labor organizations? | 4.004 4.004 |
Private-sector workers have the right to organize unions, bargain collectively, and strike. Public-sector employees can join professional associations and engage in collective bargaining, but they are not permitted to strike. Most labor disputes are resolved through negotiation. The only registered union represents seafarers.
Is there an independent judiciary? | 4.004 4.004 |
The judiciary is independent. The head of state appoints the chief justice on the advice of the cabinet, and other judges are appointed in the same manner after consultation with the chief justice. Judges cannot be removed arbitrarily.
A constitutional amendment passed in 2023 introduces specific qualifications for holding judicial posts and would remove a provision requiring High Court judges to have served in countries with similar legal systems. That rule has effectively kept Tuvaluans from serving on the High Court.
Does due process prevail in civil and criminal matters? | 4.004 4.004 |
The authorities generally uphold due process during arrests, detentions, and trials. A public defense lawyer is available to detainees and defendants. However, the limited capacity of the legal system can lead to delays in court proceedings and access to counsel.
Is there protection from the illegitimate use of physical force and freedom from war and insurgencies? | 4.004 4.004 |
Criminal activity does not pose a major threat to physical security, nor does abuse on the part of the authorities.
Do laws, policies, and practices guarantee equal treatment of various segments of the population? | 3.003 4.004 |
While women generally enjoy equality before the law, discriminatory biases and social norms limit women’s role in society, and there are no specific legal protections against gender discrimination in employment. There are no legal protections against discrimination on the basis of an individual’s racial or ethnic group.
Same-sex sexual activity is illegal and can be punished with imprisonment, though the law is not actively enforced. Discrimination based on sexual orientation or gender identity is not specifically banned. The 2023 constitution outlawed discrimination on the basis of sex and disability.
There is no national legal framework for providing refuge to asylum seekers. There were reportedly no asylum applicants in Tuvalu in 2023.
Do individuals enjoy freedom of movement, including the ability to change their place of residence, employment, or education? | 4.004 4.004 |
Tuvaluans are free to travel and relocate for purposes including employment and education.
Are individuals able to exercise the right to own property and establish private businesses without undue interference from state or nonstate actors? | 3.003 4.004 |
Tuvalu’s legal framework and government policies are generally supportive of property rights and private business activity. However, laws and practices surrounding land ownership and inheritance favor men over women.
Do individuals enjoy personal social freedoms, including choice of marriage partner and size of family, protection from domestic violence, and control over appearance? | 3.003 4.004 |
Although personal social freedoms are generally respected, domestic violence often goes unreported because it is viewed as a private matter. There are no specific laws against spousal rape.
Do individuals enjoy equality of opportunity and freedom from economic exploitation? | 3.003 4.004 |
Forced labor is prohibited, and the government mandates basic protections against exploitative or dangerous working conditions, though enforcement is not proactive or consistent. Most of the labor force works in the informal sector or in small-scale fishing and agriculture. No law addresses forms of harmful or hazardous child labor. The 2021 edition of the US State Department’s Findings on the Worst Forms of Child Labor noted evidence of child labor in the fishing industry and among domestic workers. The State Department also reported that Tuvalu made “minimal advancement” to address child labor.
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Country Facts
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Population
11,312 -
Global Freedom Score
93 100 free