| Click here for a summary of Tuvalu’s review at the first cycle and/or the third cycle. |
16th UPR session
Date of review: 24 April 2013
Date of report adoption: 19 September 2013
Working Group report: A/HRC/24/8
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SUMMARY SOGIESC issues during Tuvalu’s 2nd UPR review |
I. Key issues/recommendations identified by NGOs
- Review the OHCHR report on sexual orientation and gender identity, and consider implementing the recommendations therein.
II. Excerpts from input reports
National report
There were no references to sexual orientation or gender identity in the National report.
Compilation of UN information
III. Implementation of international human rights obligations
D. Right to privacy, marriage and family life
31. UNDP/UNAIDS indicated that colonization brought the introduction of laws that criminalized same-sex behaviour, particularly male-male sex. Although these laws have been repealed in some of common law countries, colonial indecency and sodomy laws remained in penal codes in most Pacific countries, including Tuvalu.
Summary of stakeholders’ information
There were no references to sexual orientation or gender identity in the summary of stakeholder information.
III. References to SOGI during the Working Group review
1. Summary of the proceedings of the review process
A. Presentation by the State under review
17. The Head of the Delegation expressed that people with different sexual orientation did not suffer social discrimination but the question of legal protection in the laws was controversial and will need to be carefully considered. Tuvalu was open to discussion.
B. Interactive dialogue and responses by the State under review
45. The United States of America commended Tuvalu’s 2010 elections. It noted and encouraged the participation in the sub-regional audit support program. It welcomed the increased school attendance by girls and the increased women participation in several areas. It expressed condolences at the loss of the Finance Minister and noted the need for a by-election. It raised concern over the application of and limitations in the Religious Organizations Restriction Act as well as over the illegality of sexual relations between males. It strongly supported decriminalizing consensual sexual relations between adults. It made recommendations.
IV. Conclusions and/or recommendations
The recommendations below did not enjoy the support of Tuvalu.
18. Repeal all provisions that criminalise consensual same-sex conduct and ensure that anti-discrimination laws cover sexual orientation (United Kingdom of Great Britain and Northern Ireland);
19. Support repeal of the provision of the Penal Code criminalizing consensual sex between adult males (United States of America).
V. Adoption of the Report
The report of the working group was adopted at the 24th regular session of the Human Rights Council in September 2013.
VI. Further information
You will find all documents relating to Tuvalu’s second review at UPR-Info and OHCHR’s