Crime in Tuvalu

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A Tuvaluan police officer during the visit of President Tsai of the Republic of China. 11.01 Tu Wa Lu Jing Cha Yi Dui (24241840838).jpg
A Tuvaluan police officer during the visit of President Tsai of the Republic of China.

Crime in Tuvalu is not a significant social problem due to small population, geographic isolation, and low development.

Contents

Tuvalu, like other island nations in the West Pacific, is utilised as a staging point in the illicit drug trade between South East Asia and Australasia. [1] There were 2 murders in 2012, resulting in a per capita average higher than most countries. [2] Tuvalu has a police service and an island based Magistrates Court system. Serious offences, such as rape and murder, are dealt with in the High Court of Tuvalu. [3]

Social institutions of Tuvalu

Each island has its own high-chief, or ulu-aliki, and several sub-chiefs (alikis). The community council is the Falekaupule (the traditional assembly of elders) or te sina o fenua (literally: "grey-hairs of the land"). As defined in the Falekaupule Act (1997), Falekaupule means "traditional assembly in each island...composed in accordance with the Aganu of each island". Aganu means traditional customs and culture.

Section 41 and Schedule 3 of the Falekaupule Act (1997) provides that “[i]t shall be the duty of every Falekaupule and of every Kaupule to use its resources to assist the police in the detection and prevention of crime within the area of its authority.” [4]

The ulu-aliki and aliki exercise informal authority on each island. Ulu-aliki are always chosen based on ancestry. Their powers are now shared with the pule o kaupule (elected village presidents; one on each island). [5]

The Criminal Law of Tuvalu

The Penal Code (1965) was first enacted during the time that Tuvalu was part of the Gilbert and Ellice Islands Colony. The Code is drafted to provide the complete criminal code of Tuvalu, although the Code is supplemented by offences created in other legislation including the Dangerous Drugs Act (1948), Alcoholic Drink Act (1985), Arms and Ammunition Act (1964) and the Counter Terrorism and Transnational Organised Crime Act (2009). The Criminal Procedure Code (1963) provides for powers of arrest and search and rule for the administration of the criminal proceedings in the courts. In 2014, the Penal Code was amended to reduce the penalty for murder from life imprisonment to a minimum 15 years with the court having the discretion to impose a sentence of over 15 years. [6]

While human trafficking is not a problem in Tuvalu, the Counter Terrorism and Transnational Organised Crime Act 2009 (2009) provides protection for trafficking victims, particularly children. It expressly forbids the trafficking of children into and within Tuvalu or to another country for any purpose. It also provides trafficking victims with legal protections from criminal prosecution. The Penal Code (1965) provides for an offence of cruelty to children in section 226.

The central role of religious institutions in the Tuvaluan community is acknowledged in the Constitution of Tuvalu. The Preamble to the Constitution, includes a declaration that Tuvalu is a Christian nation founded on Christian principles, [7] (section 29(1)), along with other values also recognised:

“(1) The Preamble acknowledges that Tuvalu is an Independent State based on Christian principles; Tuvaluan values, culture and tradition; the Rule of Law; and respect for human dignity.

Part XV of the Penal Code (1965) creates offences relating to religion: insult to religion of any class (s. 123); disturbing religious assemblies (s. 124); trespassing on burial places (s. 125); hindering burial of dead body, etc. (s. 126); and writing or uttering words with intent to wound religious feelings (s. 127). As well, sorcery is an offence under section 183. [8]

The legislation that is part of the Law of Tuvalu is published online by the Office of the Attorney General of Tuvalu. [9]

Tuvalu Police Service

Tuvalu’s national police force, the Tuvalu Police Service, is headquartered in Funafuti. It includes a maritime surveillance unit, customs, prisons and immigration. Police officers wear British style uniforms. The police have a Pacific-class patrol boat, the HMTSS Te Mataili, provided by Australia in October 1994 under the Pacific Patrol Boat Program for use in maritime surveillance and fishery patrol and for search-and-rescue missions. [10]

The People's Lawyer in Tuvalu

There are no lawyers in private practice in Tuvalu. The government funds the service of the "People's Lawyer", whose advice services are available free of charge for arrested persons. The People's Lawyer not only acts as the public defender but also represents people in the courts for cases that involve "land dispute resolution, civil disputes, family and some business formation." [11] The People's Lawyer is based on the main island of Funafuti; the outer islands may have limited access to legal services as the people's lawyer infrequently travels to the outer islands. [12]

According to a 2008 source, [13] "there have been instances [in which] the position of the People’s Lawyer has remained unfulfilled for significant periods of time causing excessive delay in hearing clients’ cases." For the greater part of the position's history, the Australian Volunteers International Scheme recruited expatriate lawyers from either Australia or the United Kingdom to serve as The People's Lawyer. Since 2010, the position has been filled by Tuvaluans: Isala T. Isala (male lawyer; 2010-2015) and Filiga Taukiei Niko (female lawyer; 2015 - ).

The People's Lawyer in Tuvalu (Complete Table)
NameTerm
Ross Jack [14] [15] (who established the office)c. 1985-1986
Alan Marsh [16] [17] c. 1986-1988
Graham Rounce [11] c. 1988-1990
Paul Barber [18] c. 1990-1993
Philip Ells [19] c. 1993-1996
Nicholas Barnes [20] c. 1997-1998
James Duckworth [21] [22] [23] c. 1999-2004
Steve Barlow [24] [25] [13] [26] c. 2005-2007
Joelle Grover [27] [28] [29] [30] [31] (1st female)c. 2007-2009
Isala T. Isala [32] [33] [34] (1st Tuvaluan)c. 2010-2015
Filiga Taukiei Niko [35] [36] (1st Tuvaluan female)c. 2015-

Magistrates Court and High Court

The jurisdiction of the Magistrates Court is described in Part II of the Criminal Procedure Code (1963); any offence may be tried by the Senior Magistrate's Court where the penalty does not exceed a term of imprisonment for a term of 14 years (s. 4). However the sentences the Senior Magistrate's Court may impose are limited to imprisonment for a term not exceeding 5 years and a fine not exceeding $1,000 (s. 7 of Criminal Procedure Code).

The superior court is the High Court of Tuvalu as it has unlimited jurisdiction to try criminal offences and to impose the penalties set out in the Part VI of the Penal Code and in other legislation (s. 6 of Criminal Procedure Code). The High Court also hears appeals from the Magistrates Court.

The criminal justice system is administered under the provisions of:

Tuvalu’s prison

The jail is on Fongafale islet on Funafuti. [37] Tuvalu’s jail is administered under the Prisons Act (1985) and the Prisons Regulations (1952).

The United States Department of State provide periodic reports as to aspects of human rights practice in Tuvalu including information on the prison system:

Crimes against morality including rape and unlawful sexual intercourse

Part XVI of the Penal Code (1965), provides for offences against morality, which include: rape (s. 128); abduction of girl under 18 years of age with intent to have sexual intercourse (s. 132); indecent assaults on females (s. 133); defilement of girl under 13 years of age (s. 134); and defilement of a girl between 13 and 15 years of age, or of idiot or imbecile (s.125). The punishment of rape is a minimum sentence of five years' imprisonment, however spousal rape is not included in the legal definition of the offence of rape.

Domestic violence is considered in Tuvalu’s 2009 Report on compliance with the Convention on the Elimination of all Forms of Discrimination against Women to the Committee on the Elimination of Discrimination against Women. The Report said that “Committee’s experts expressed concern over the sanctioning of local custom in the [Tuvalu] Constitution and legal system, noting, for example, that husbands were permitted to ‘discipline’ their wives [as well as children]”. As many Tuvaluan families have migrated to New Zealand these practices are in direct conflict with New Zealand’s laws and social environment. [42]

The United States Department of State provide periodic reports as to aspects of human rights practice in Tuvalu including information on rape and domestic violence:

The Penal Code (1965) does not specifically address domestic violence, which is prosecuted under the common assault provisions of the Code. The maximum penalty for common assault is six months’ imprisonment, and for assault with actual bodily harm, the penalty is up to five years’ imprisonment. The police service report that as of September 2012, there were 93 domestic violence cases on record. [39] The police also report that it has a dedicated Domestic Violence Unit and that it operates a “no-drop” policy in relation to the conduct of prosecutions of violence against women. [39]

In July 2013 the Pacific Regional Rights Resource Team of the Secretariat of the Pacific Community published drafting options for legislative reform to assist Tuvalu to make changes to the laws and policies relating to violence against women in order to ensure the full protection of women from all forms of violence. [43] The Tuvalu National Council of Women, operates a Women’s Crisis Center, in Funafuti, which provided counselling services, but there were no shelters or hotlines for abused women. [40]

The U.S. Department of State’s Report on Human Rights Practices for 2014 stated that the Tuvaluan police have a Domestic Violence Unit and a “no-drop” (evidence-based) prosecution policy in cases of violence against women and operated a 24-hour emergency line for victims of domestic violence. As of August 2014 the police reported 100 domestic violence cases. [41]

Crime and offences statistics

The Tuvalu Central Statistics Division has published crime and offences statistics for the period 1996-2003. [44] The population of Tuvalu was 9,561 at the 2002 census. [Note 1] The statistics are limited to crimes reported, so that they do not identify the number of subsequent prosecutions or convictions; nor do the statistics, in relation to crimes against persons, differentiate between common assaults and the more serious offences against a person. The crime and offences statistics as of 2003 are:

Type of offence reportedNumber of reported offences
Total number of crimes reported2,345
Number of crimes against persons reported1,666
Number of crimes against property reported591
Number of crimes without victims reported0
Number of other crimes reported88

Notes

  1. ↑ The population of Tuvalu was 9,561 at the 2002 census and the population at the 2012 census was 10,837 (2012 Population & Housing Census Preliminary Analytical Report). [45]

Related Research Articles

In the terminology of law, an assault is the act of causing physical harm or unwanted physical contact to another person, or, in some legal definitions, the threat or attempt to do so. It is both a crime and a tort and, therefore, may result in criminal prosecution, civil liability, or both. Additionally, assault is a criminal act in which a person intentionally causes fear of physical harm or offensive contact to another person. Assault can be committed with or without a weapon and can range from physical violence to threats of violence. Assault is frequently referred to as an attempt to commit battery, which is the deliberate use of physical force against another person. The deliberate inflicting of fear, apprehension, or terror is another definition of assault that can be found in several legal systems. Depending on the severity of the offense, assault may result in a fine, imprisonment, or even death.

<span class="mw-page-title-main">Tuvalu</span> Country in Oceania

Tuvalu is an island country in the Polynesian subregion of Oceania in the Pacific Ocean, about midway between Hawaii and Australia. It lies east-northeast of the Santa Cruz Islands, northeast of Vanuatu, southeast of Nauru, south of Kiribati, west of Tokelau, northwest of Samoa and Wallis and Futuna, and north of Fiji.

<span class="mw-page-title-main">History of Tuvalu</span>

The first inhabitants of Tuvalu were Polynesians, so the origins of the people of Tuvalu can be traced to the spread of humans out of Southeast Asia, from Taiwan, via Melanesia and across the Pacific islands of Polynesia.

Some victims of rape or other sexual violence incidents are male. Historically, rape was thought to be, and defined as, a crime committed solely against females. This belief is still held in some parts of the world, but rape of males is now commonly criminalized and has been subject to more discussion than in the past.

<span class="mw-page-title-main">Age of consent in Europe</span> Legal ages for sexual activities in Europe

The age of consent for sex outside of marriage varies by jurisdiction across Europe. The age of consent – hereby meaning the age from which one is deemed able to consent to having sex with anyone else of consenting age or above – varies between 14 and 18. The majority of countries set their ages in the range of 14 to 16; only four countries, Cyprus (17), Ireland (17), Turkey (18), and the Vatican City (18), set an age of consent higher than 16.

Rape is a type of sexual assault initiated by one or more persons against another person without that person's consent. The act may be carried out by physical force, under threat or manipulation, by impersonation, or with a person who is incapable of giving valid consent.

Statistics on rape and other acts of sexual assault are commonly available in industrialized countries, and have become better documented throughout the world. Inconsistent definitions of rape, different rates of reporting, recording, prosecution and conviction for rape can create controversial statistical disparities, and lead to accusations that many rape statistics are unreliable or misleading.

<span class="mw-page-title-main">Tuvalu Police Force</span> Law enforcement agency

The Tuvalu Police Force is the national Police force of Tuvalu, it is headquartered in Funafuti and includes a Maritime Surveillance Unit, Customs, Prisons and Immigration. Police officers wear British style uniforms.

<span class="mw-page-title-main">Religion in Tuvalu</span>

Christianity is the predominant religion in Tuvalu, with Calvinism being the single largest denomination.

<span class="mw-page-title-main">Funafuti</span> Atoll and one of nine districts of Tuvalu

Funafuti is an atoll, comprising numerous islets, that serves as the capital of Tuvalu. As of the 2017 census, it has a population of 6,320 people. More people live in Funafuti than the rest of Tuvalu combined, with it containing approximately 60% of the nation's population. The main islet, Fongafale, hosts Vaiaku, the administrative center of the nation.

<span class="mw-page-title-main">LGBTQ rights in Tuvalu</span>

Lesbian, gay, bisexual, and transgender (LGBT) people in Tuvalu face legal difficulties not experienced by non-LGBT residents. Sections 153, 154 and 155 of the Penal Code outlaw male homosexual intercourse with a penalty of up to 14 years in prison, but the law is not enforced. Employment discrimination on the basis of sexual orientation has been banned since 2017. Since 2023, the Constitution of Tuvalu has banned same-sex marriage.

Tuvalu is a small island nation in the South Pacific, located North of Fiji and North West of Samoa. The population at the 2012 census was 10,837. Tuvalu has a written constitution which includes a statement of rights influenced by the United Nations Universal Declaration of Human Rights and the European Convention on Human Rights. While most human rights in Tuvalu are respected, areas of concern include women’s rights and freedom of belief, as well as diminishing access to human rights in the face of global warming. The latter has played a major role in the implementation of human rights actions in Tuvalu given its geographical vulnerability and scarce resources.

Rape is the fourth most common crime against women in India. According to the 2021 annual report of the National Crime Records Bureau (NCRB), 31,677 rape cases were registered across the country, or an average of 86 cases daily, a rise from 2020 with 28,046 cases, while in 2019, 32,033 cases were registered. Of the total 31,677 rape cases, 28,147 of the rapes were committed by persons known to the victim. The share of victims who were minors or below 18 – the legal age of consent – stood at 10%.

<span class="mw-page-title-main">Women in Tuvalu</span>

Women in Tuvalu continue to maintain a traditional Polynesian culture within a predominantly Christian society. Tuvaluan cultural identity is sustained through an individual's connection to their home island. In the traditional community system in Tuvalu, each family has its own task, or salanga, to perform for the community. The skills of a family are passed on from parents to children. The women of Tuvalu participate in the traditional music of Tuvalu and in the creation of the art of Tuvalu including using cowrie and other shells in traditional handicrafts. There are opportunities of further education and paid employment with non-government organisations (NGOs) and government enterprises, education and health agencies being the primary opportunities for Tuvaluan women.

In 2004, the incidence of rapes recorded by the police in Belgium was 28.4 per 100,000 people, according to data by UNODC; in 2008 it was 29.5 per 100,000 people. Belgium has been reported as being one of the countries with the highest rate of rape.

The Law of Tuvalu comprises the legislation voted into law by the Parliament of Tuvalu and statutory instruments that become law; certain Acts passed by the Parliament of the United Kingdom ; the common law; and customary law. The land tenure system is largely based on kaitasi.

The Constitution of Tuvalu states that it is “the supreme law of Tuvalu” and that “all other laws shall be interpreted and applied subject to this Constitution”; it sets out the Principles of the Bill of Rights and the Protection of the Fundamental Rights and Freedoms.

The Falekaupule on each of the Islands of Tuvalu is the traditional assembly of elders or te sina o fenua. Under the Falekaupule Act (1997), the powers and functions of the Falekaupule are now shared with the Kaupule on each island, which is the executive arm of the Falekaupule, whose members are elected. The Kaupule has an elected president - pule o kaupule; an appointed treasurer - ofisa ten tupe; and is managed by a committee appointed by the Kaupule.

<span class="mw-page-title-main">Art of Tuvalu</span>

The Art of Tuvalu has traditionally been expressed in the design of clothing and traditional handicrafts such as the decoration of mats and fans. Tuvaluan clothing was traditionally made from Fala leaves.

Sexual consent plays an important role in laws regarding rape, sexual assault and other forms of sexual violence. In a court of law, whether or not the alleged victim had freely given consent, and whether or not they were deemed to be capable of giving consent, can determine whether the alleged perpetrator is guilty of rape, sexual assault or some other form of sexual misconduct.

References

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  10. ↑ "Tuvalu country brief". Australian Department of Foreign Affairs and Trade. Retrieved 14 April 2010.
  11. 1 2 "Christmas spirit -- why solicitors like working for charities, whether in an in-house capacity from private practice or on a voluntary basis". Law Society Gazette. Retrieved 2018-03-11.
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  13. 1 2 "TUVALU - NGO Submission to the United Nations Universal Periodic Review" (PDF). 2008.
  14. ↑ Commonwealth. Royal Commonwealth Society. 1985.
  15. ↑ Commonwealth Journal: The Journal of the Royal Commonwealth Society. 1985.
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  22. ↑ "The Pacific, and Challenges Facing American Nonprofits - IJNL Vol. 6 Iss. 2". www.icnl.org. Retrieved 2018-03-11.
  23. ↑ Duckworth, James (June 2004). "Tuvalu Island Courts Bench Book" (PDF).
  24. ↑ "Tuvalu - 2006 Economic Report From Plan to Action" (PDF). ADB. 2006.
  25. ↑ "Tuvalu: A Situation Analysis of Children, Women and Youth" (PDF). UNICEF Pacific Office. 2006. Archived from the original (PDF) on 2013-05-30. Retrieved 2018-03-11.
  26. ↑ Social Data Report 2005 Tuvalu. Department of Community Affairs, Ministry of Home Affairs and Rural Development. 2005.
  27. ↑ "Tuvalu - Country Report (Yr. 06-07)" (PDF). Pacific Islands Law Officers Network Meeting.
  28. ↑ "Convention on the Elimination of All Forms of Discrimination against Women". February 13, 2013. Archived from the original on March 11, 2018.
  29. ↑ "Profile on: Joelle Grover | University of London International Programmes". w01.uolia.wf.ulcc.ac.uk. 2013-07-04. Archived from the original on 2018-03-11. Retrieved 2018-03-11.
  30. ↑ "Complaint Handling in Pacific Island Nations without an Ombudsman" (PDF). May 2009.
  31. ↑ Layden, Claire (Winter 2008). "Talking the Talk on Island Justice" (PDF). Australian Volunteers International Magazine.
  32. ↑ "PILON Report of the Office of the Attorney-General Tuvalu" (PDF). October 2012.
  33. ↑ "In the running". Honi Soit. 2016-08-02. Retrieved 2018-03-11.
  34. ↑ "Folkeadvokaten på Tuvalu" (PDF). Barfot. October 2012.
  35. ↑ "COUNTRY Report of the Office of the Attorney General Tuvalu" (PDF). Office of the Attorney General. October 2015. Archived from the original (PDF) on 2018-03-11. Retrieved 2018-03-11.
  36. ↑ "A fresh start. the official launch of the South Pacific Lawyers Association. Issue 2 July-Sep PDF". docplayer.net. Retrieved 2018-03-11.
  37. ↑ Map of Funafuti Centre - Fogafale Motu. Tuvaluislands.com. Archived from the original on August 20, 2002.{{cite book}}: CS1 maint: unfit URL (link)
  38. 1 2 "2010 Country Reports on Human Rights Practices (Tuvalu)" (PDF). U.S. State Department. Retrieved 10 March 2014.
  39. 1 2 3 4 "2012 Country Reports on Human Rights Practices (Tuvalu)". U.S. State Department. Retrieved 10 March 2014.
  40. 1 2 3 "2013 Country Reports on Human Rights Practices (Tuvalu)". U.S. State Department. Retrieved 10 March 2014.
  41. 1 2 "Country Reports on Human Rights Practices for 2014: Tuvalu". United States Department of State - Bureau of Democracy, Human Rights and Labor. 2014. Retrieved 22 December 2015.
  42. ↑ "Toku fou tiale: A Tuvalu Conceptual Framework for addressing family violence" (PDF). The Tuvalu Working Group (New Zealand). March 2012. Archived from the original (PDF) on 10 February 2013. Retrieved 22 March 2014.
  43. ↑ "Tuvalu - Legal analysis on violence against women: drafting options for legislative reform". Secretariat of the Pacific Community, Pacific Regional Rights Resource Team. July 2013. Retrieved 22 March 2014.
  44. ↑ "Crime and offences statistics (1996-2003)" (PDF). Tuvalu Central Statistics Division. March 2012. Archived from the original (PDF) on 10 February 2013. Retrieved 22 March 2014.
  45. ↑ "Tuvalu: Millennium Development Goal Acceleration Framework - Improving Quality of Education" (PDF). Ministry of Education and Sports, and Ministry of Finance and Economic Development from the Government of Tuvalu; and the United Nations System in the Pacific Islands. April 2013. Archived from the original (PDF) on 13 February 2014. Retrieved 13 October 2013.
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