Nauru is a small island country in the South Pacific. With a population of 13,649 it is the world's least populous independent republic. [1] Nauru's government operates under its constitution, part two of which contains 'protection of fundamental rights and freedoms.' The Human Rights Council (UNHRC) carried out Nauru's Universal Periodic Review (UPR) in January 2011. The review was generally favourable with only a few areas of concern.
Nauru became a member of the United Nations on 14 September 1999. [2] Of the nine core human rights treaties Nauru has ratified or acceded to four of them- the UN Convention on the Rights of the Child (UNCRC) and the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), the Convention Against Torture (CAT),and the Convention on the Rights of Persons with Disabilities (CRPD). The International Covenant on Civil and Political Rights (ICCPR) along with the First Optional Protocol were both signed on 12 November 2001 but are yet to be ratified. [3] Nauru stated that the burden of reporting, specifically the financial cost, was a significant factor behind their low rate of participation in international human rights instruments. [4]
Due to Australia's use of the Nauru Detention Centre for housing asylum seekers, and in response to many recommendations from other states and human rights monitoring bodies, in June 2011, Nauru ratified the 1951 Convention relating to the Status of Refugees . [5] Nauru also acceded to the OPCAT on 24 January 2013.
Domestic violence is a systemic problem in Nauru and was referred to frequently throughout the UPR report. In response Nauru accepted recommendations to ratify CEDAW and drew attention to several already existing measures. The elimination of domestic violence has been a national priority since 2002 when the government created the Women's Affairs Office. [6] In 2008 the Nauruan Police Force received funding to establish a Domestic Violence Unit and safe-house for victims. [7] International Women's Day is a national holiday. The Nauru Crimes Act 2016, has made domestic violence and revenge pornography a criminal offence since May 2016. [8]
The May 2016 passage of the Crimes Act 2016 replaced the Nauruan Criminal Code 1899, removed any criminal penalties for sexual activity between consenting adults of the same sex in private. [9]
In 2009 the Nauruan Parliament passed a bill to amend part II of the Constitution. The amendment proposed extending the protection of the rights of disabled persons, the environment and children as well as recognizing the right to receive healthcare, education and maternity leave in the Constitution. The amendment failed to gain the required two-thirds approval in a referendum held on 27 February 2010. The Constitutional Review Committee, a Standing Committee of Parliament, aims to explore alternative formats for a subsequent referendum.
In May 2016, Nauru implemented a new Crimes Act 2016, that modernized the criminal justice system of Nauru and bring it in line with the Universal Declaration of Human Rights. [10]
Nauru has no national human rights institution. However, in November 2009 Nauru invited a delegation to visit the country and advise the government on the potential establishment of a national human rights mechanism. [11] Delegates included representatives from the Asia Pacific Forum and the Office of the United Nations High Commissioner for Human Rights (OHCHR). Several states noted in the UPR that since the delegation Nauru had not taken further steps to establish a human rights institution and recommended that this be addressed. Nauru accepted these recommendations but cited resources and expertise as their 'biggest obstacles' in pursuit of this goal and stated that the funding of other institutions took precedence. [12]
The Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW) is an international treaty adopted in 1979 by the United Nations General Assembly. Described as an international bill of rights for women, it was instituted on 3 September 1981 and has been ratified by 189 states. Over fifty countries that have ratified the convention have done so subject to certain declarations, reservations, and objections, including 38 countries who rejected the enforcement article 29, which addresses means of settlement for disputes concerning the interpretation or application of the convention. Australia's declaration noted the limitations on central government power resulting from its federal constitutional system. The United States and Palau have signed, but not ratified the treaty. The Holy See, Iran, Somalia, Sudan, and Tonga are not signatories to CEDAW.
Human rights are largely respected in Switzerland, one of Europe's oldest democracies. Switzerland is often at or near the top in international rankings of civil liberties and political rights observance. Switzerland places human rights at the core of the nation's value system, as represented in its Federal Constitution. As described in its FDFA's Foreign Policy Strategy 2016-2019, the promotion of peace, mutual respect, equality and non-discrimination are central to the country's foreign relations.
In 2024, Freedom House rated Burundi's human rights at 14 out 100.
Nauruan law, since Nauru's independence from Australia in 1968, is derived primarily from English and Australian common law, though it also integrates indigenous customary law to a limited extent. Nauruan common law is founded mainly on statute law enacted by the Parliament of Nauru, and on precedents set by judicial interpretations of statutes, customs and prior precedents.
Lesbian, gay, bisexual, and transgender (LGBT) people living in Nauru may face legal and social challenges not experienced by non-LGBT residents. Same-sex sexual activity has been legal since May 2016, but there are no legal recognition of same-sex unions, or protections against discrimination in the workplace or the provision of goods and services.
Tonga is a constitutional monarchy with a population of approximately 130,000. Politics and the economy are dominated by the king, the nobility, and a few prominent commoners. Economic, social and cultural rights are generally well respected. There are, however, a number of issues concerning protection of civil and political rights, particularly freedom of expression, and rights to political participation. Violence against women is a serious issue.
The Universal Periodic Review (UPR) is a state monitoring mechanism of the United Nations Human Rights Council (HRC). It was established by General Assembly resolution 60/251 in 2006 to periodically review the protection and promotion of human rights in each of the 193 United Nations (UN) Member States. New Zealand has been reviewed twice via the UPR in 2009 and 2014.
Samoa, officially the Independent State of Samoa, has a population of approximately 188,000 people. Samoa gained independence from New Zealand in 1962 and has a Westminster model of Parliamentary democracy which incorporates aspects of traditional practices. In 2016, Samoa ratified the Convention on the Rights of Persons with Disabilities CRPD and the three optional protocols to the CRC.
Papua New Guinea (PNG) is a constitutional parliamentary democracy with an estimated population of 6,187,591. Police brutality, provincial power struggles, violence against women, and government corruption all contribute to the low awareness of basic human rights in the country.
East Timor is a multiparty parliamentary republic with a population of approximately 1.1 million, sharing the island of Timor with Indonesia's East Nusa Tenggara province. During the 24 years of Indonesian occupation and after the 1999 independence referendum, pro Indonesian militias committed many human rights violations. The country gained independence in 2002, and free and fair elections were held in 2007. The United Nations Integrated Mission in East Timor (UNMIT) and the International Stabilization Force remain in the country while it develops its own security forces, the National Police (PNTL) and Defence Forces (F-FDTL).
The Cook Islands are 15 small islands scattered over 2 million km squared of the South Pacific. According to the latest census, the nation has a total population of approximately 18,000 people. Spread in population between the mainland capital, Rarotonga, and the Outer Islands mean inequality in terms of delivery of public services. Internal migration between Rarotonga and the Outer Islands is relatively high due to lack of schooling and employment opportunities, and increased living standards and availability of medical and educational services in Rarotonga.
The Republic of Vanuatu is a parliamentary democracy with a population of approximately 326.000. The Constitution of Vanuatu is supreme law and sets out the legal framework which deals with the respect of human rights.
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.
The Republic of Uruguay is located in South America, between Argentina, Brazil and the South Atlantic Ocean, with a population of 3,332,972. Uruguay gained independence and sovereignty from Spain in 1828 and has full control over its internal and external affairs. From 1973 to 1985 Uruguay was governed by a civil-military dictatorship which committed numerous human rights abuses.
Violence against women in New Zealand is described as the kinds of violence disproportionately affecting women compared to men, due to factors of ongoing gender inequality in society. The New Zealand government and justice system view efforts to prevent and deal with violence against women as a priority of New Zealand legislation and the criminal justice system.
As prescribed in the Constitution of Tokelau, individual human rights are those found in the Universal Declaration of Human Rights and reflected in the International Covenant on Civil and Political Rights. When exercising these rights, there must be proper recognition of the rights of others and to the community as a whole. If an individual believes their rights have been breached they may go to the Council for the Ongoing Government who may make any appropriate order to protect that individual’s rights. There have been no such complaints to date.
The Federated States of Micronesia is a United States Associated State consisting of 4 states across the Western Pacific Ocean. The estimated population in 2015 was 105,216. Formerly the FSM was a part of the Trust Territory of the Pacific Islands (TTPI) but in 1979 formed its own constitutional government. FSM has a written constitution which took effect in 1979 and has been amended only once in 1990. By virtue of membership in the United Nations, the FSM abides by the UN Declaration of Human Rights (UDHR). Key human rights concerns in FSM include judicial delays, government corruption, discrimination against women, domestic violence and child neglect.
The Marshall Islands is a country in the Pacific spread over 29 coral atolls, with 1,156 islands and islets. It has an estimated population of 68,480 and is one of the sixteen member states of the Pacific Islands Forum. Since 1979, the Marshall Islands has been self-governing.
Marital rape generally refers to non-consensual sexual intercourse between married spouses. In Singapore, there used to be a partial immunity for marital rape first introduced during British colonial rule because it was deemed not a criminal offence except when the wife is below 13 years of age or when any of the specific circumstances provided under section 375(4) of the Singapore Penal Code are satisfied. Since 1 January 2020, the law was repealed and its immunity lifted under the Criminal Law Reform Act 2019, criminalising marital rape.