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Convention on the Rights of Persons with Disabilities (“Herein Referred to As the Convention”)

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Convention on the Rights of Persons with Disabilities (“Herein Referred to As the Convention”) United Nations CRPD/C/TUV/1 Convention on the Rights Distr.: General 7 March 2019 of Persons with Disabilities Original: English English, Russian and Spanish only Committee on the Rights of Persons with Disabilities Initial report submitted by Tuvalu under article 35 of the Convention, due in 2016* [Date received: 9 March 2018] * The present document is being issued without formal editing. GE.19-03799(E) CRPD/C/TUV/1 Introduction 1. The Government of Tuvalu is pleased to present to the Committee on the Rights of Persons with Disabilities, Tuvalu’s Initial Report under the Convention on the Rights of Persons with Disabilities (“herein referred to as the Convention”). Tuvalu ratified the Convention in its own right in 2013. In becoming a party to the Convention, Tuvalu affirmed its commitment to improving the situation of persons with disabilities nationally. The ratification of the Convention by the Government of Tuvalu also reflects its commitment to the regional disability strategy made by Pacific governments’ namely the Regional Disability Strategy 2016–2020. It also indicates the Government of Tuvalu’s commitment towards global promotion and protection of the rights of persons with disabilities. International Treaties (covering disabilities) 2. The Government of Tuvalu acceded to the Convention on the Rights of the Child (CRC) in 1999 and the Convention on the Elimination of all forms of Discrimination Against Women (CEDAW) in 2011. Both the ratified treaties have been used by the Government to make progressive changes to ensuring that persons with disabilities are included in national initiatives and more importantly, that inclusiveness is imbedded in the work of government and stakeholders key activities and initiatives. Preparation and structure of report 3. The report sets out the current status of persons with disabilities, progress made, measures taken within various government ministries and to identify challenges and obstacles that hinder the full participation of persons with disabilities in Tuvalu. The report details the progress of implementation under Articles 1 to 33 of the Convention. Further, the initial report by the Government of Tuvalu notes and recognises that whilst the ratification of the Convention on the Rights of Persons with Disabilities is recent, it will ensure that the rights contained will be progressively realised. In addition, the Office of the Attorney General in partnership with the National Disabled Person’s Organisation (Fusi Alofa) conducted and facilitated a nation-wide consultation on the report. This consultation included the outer islands. 4. The report also considers the Te Kakeega III (National Strategy for Sustainable Development 2016–2020) and other regional disability commitments including the Pacific Regional Strategy on Disability 2016–2020 (PRSD), the Pacific Education Framework and Biwako Millennium Framework (Biwako Framework), Draft Tuvalu National Disability Policy (TNDP), Laws of Tuvalu and the Constitution and the Laws of Tuvalu. Consideration was also made to the 2015 Education Statistic Strategy, Financial Report, Tuvalu Disability Study, Tuvalu National Human Rights Action Plan 2016–2020 and other relevant government documents. Consultation with stakeholders 5. The consultation process for this report commenced in July 2017 through to September 2017 between relevant government departments, stakeholders and focused on group discussions. 1 Three streams of consultation were facilitated with government stakeholders and the national disability community and one specifically for youth leaders in Funafuti. In addition, official interviews were conducted to ascertain the information received from various stakeholders. Outer islands consultation was also facilitated in the 1 Discussions focussed on the work done by the various arms of government of the work for persons with disabilities. 2 CRPD/C/TUV/1 month of September 2017. Eight islands2 were consulted on the Convention on the Rights of Persons with Disabilities and the other treaty3 and bills,4 policies5 and framework.6 This initial report reflects the views of the Fusi Alofa – national disability organisation. Status of the Optional Protocol 6. To date, the Government of Tuvalu has yet to ratify the Optional Protocol to the Convention on the Rights of Persons with Disabilities. It has not made any reservations on the Optional Protocol to the Convention on the Rights of Persons with Disabilities. It is the intention of the Office of the Attorney General and the Ministry of Home Affairs that further consultation is needed to fully discuss the ratification of the OP CRPD before making a formal commitment. As formal process dictates, cabinet will have to give formal endorsement before making the commitment to be bound by the Optional protocol. This report informs the committee that this will be progressively realised. 7. However, as a State party to the Convention, the Government of Tuvalu has made a clear commitment to upholding the rights of persons with disabilities. A number of support mechanisms for persons with disabilities have been established, including: (a) draft national disability policy; (b) national disability coordinating committee; (c) disability pension for eligible persons; (d) Tuvalu National Plan of Action on Human Rights; (e) inclusion of children living with disabilities in mainstream school including support; (f) special school for disabled children and adults and (g) Fusi Alofa (National Disability Organisation). The Constitution 8. The Constitution is the Supreme law of Tuvalu, and sets out the framework of how government is to conduct affairs both nationally, regionally and internationally. It stipulates the right of the people of Tuvalu, both present and future, to a full, free and happy life, and to moral, spiritual, cultural, traditional, personal and material welfare. The Constitution recognises and grants that Tuvalu must take its rightful place amongst the community of nations in search of peace and general welfare. It further recognises and affirms, that the stability of Tuvaluan society and the happiness and welfare of the people of Tuvalu, both present and future, depend very largely on the maintenance of Tuvaluan values, culture and tradition, including the vitality and the sense of identity of island communities and attitudes of co-operation, self-help and unity within and amongst those communities. Amongst the values that the people of Tuvalu seek to maintain are their traditional forms of communities, the strength and support of the family and family discipline. 9. The Constitutional provision mentioned above reflects the value and commitment that Tuvaluan’s have with regard to protecting the rights of persons with disabilities. The initial report notes that whilst the Constitution may lack the required protection clause, the principles of the Constitution is sufficient in the interim to provide the necessary and adequate protection for persons with disabilities.7 10. Furthermore, section 7, highlighting the Principles of the Constitution, acknowledges that the people of Tuvalu recognise that in a changing world, and with changing needs, these principles and values, and the manner and form of their expression, will gradually change. The Constitution must not only recognise the fundamental importance to their life but also must not unnecessarily hamper their expression and development. The ratification of the Convention on the Rights of Persons with Disabilities recognises these changing values and needs. The initial report also notes that the Constitution will reflect this principle in its content. 2 Nanumea, Nanumaga, Niutao, Vaitupu, Nui, Nukufetau, Nukulaelae, Niulakita. 3 Convention on the Rights of the Child. 4 Child Protection and Welfare Bill. 5 Draft National Disability Policy. 6 Child Protection Framework. 7 Section 28 of the Constitution. 3 CRPD/C/TUV/1 11. Furthermore, the initial report informs the Committee that the Government of Tuvalu is currently undergoing a Constitutional review process and one of its core aims is to make inclusion in the non-discriminatory section, disability as a ground of non- discrimination. The Tuvalu Constitution already includes reference to “international conventions, declarations, recommendations and judicial decisions concerning human rights” as a basis for interpretation of reasonableness of laws restricting the Bill of Rights, along with other traditional institutions. 12. Constitutional recognition of disability rights would be consistent with Tuvalu’s obligations under the Convention on the Rights of Persons with Disabilities, and would respond to concerns raised in the Universal Periodic Review of 2013. More broadly, there is a trend toward specific recognition of an extensive set of groups for protection from discrimination. Consideration will be given to modernising the constitutional clauses on equality and non-discrimination in this regard – especially safeguarding the rights of persons with disabilities. Disability Development 13. The 2012 Tuvalu national census reported that of those under 60 years of age, 198 persons were with disabilities : 1.83% of the total population of 10,780 but a slightly higher proportion – 2% – of the under 60 age group was questioned. In that Census, the interviewers were instructed to read out the definition of disability, which was from the Convention on the Rights of Persons with Disabilities.8 14. The United Nations Development Program (UNDP) in association with the Government of Tuvalu (GOT)
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