Universal Periodic Review (16 th session, spring 2013, from 22 April – 3 May 2013) Contribution of UNESCO (The countries to be reviewed are, in this order: Turkmenistan, Burkina Faso, Cape Verde, Colombia, Uzbekistan, Tuvalu, Germany, Djibouti, Canada, Bangladesh, Russian Federation, Azerbaijan, Cameroon, and Cuba. Each submission should refer to one country only) Tuvalu I. BACROUND AND FRAMEWORK 1. Human rights treaties which fall within the competence of UNESCO and international instruments adopted by UNESCO I.1. Table: Title Date of Declarations Recognition Reference to the ratification, /reservations of specific rights within accession or competences UNESCO’s fields of succession of treaty competence bodies Convention against Not state party to Reservations Right to education Discrimination in Convention to this Education (1960) Convention shall not be permitted Convention on Not state party to Right to education Technical and Convention Vocational Education. (1989) Convention Not state party to Right to take part in concerning the Convention cultural life Protection of the World Cultural and Natural Heritage (1972) Convention for the Not state party to Right to take part in Safeguarding of the Convention cultural life Intangible Cultural Heritage (2003) Convention on the Not state party to Right to take part in Protection and Convention cultural life Promotion of the Diversity of Cultural Expressions (2005) 2 II. Promotion and protection of human rights on the ground Right to education Normative Framework: 2. Constitutional framework: Tuvalu has a constitutional monarchy. The British monarch is the titular head of state and represented by a Tuvaluan governor general. 1 The 1978 Constitution of Tuvalu 2 includes human rights guarantees but not specifically the right to education. 3. Article 11 provides that “Every person in Tuvalu is entitled, whatever his race, place of origin, political opinions, colour, religious beliefs or lack of religious beliefs, or sex, to the following fundamental rights and freedoms”, such as freedom of belief, and freedom from discrimination. Article 23 regarding freedom of belief stipulates that: “(2) … freedom of belief includes … (c) freedom, either alone or with others, to show and to spread, both in public and in private, a religion or belief, in worship, teaching, practice and observance.” It adds that: “(3) A religious community is entitled, at its own expense: (a) to establish and maintain places of education; and (b) subject to the maintenance of any minimum prescribed educational standards, to manage any place of education that it wholly maintains; and (c) subject to subsection (4), to provide religious instruction for members of the community in the course of any education that it provides (4) Except with his consent, no-one attending a place of education shall be required (a) to receive religious instruction; or (b) to take part in or attend a religious ceremony or observance, if the instruction, ceremony or observance relates to a religion or belief other than his own.” 4. Article 27 regarding freedom from discrimination sets that: “(1) In this section, discrimination refers to the treatment of different people in different ways wholly or mainly because of their different races; or places of origin; or political opinions; or colours; or religious beliefs or lack of religious beliefs.” It adds that: “(2) Subject to the provisions of this Part, (…) no-one shall be treated in a discriminatory manner.” 5. Legislative framework: The Education Ordinance of 1976 3: Section 3 provides that “the Minister may make such arrangements as he considers necessary to ensure that educational and training opportunities are provided for children according to their age, aptitude and ability, and for adults.” Section 19 provides pupils with the right not to take part in religious education or ceremonies at a public school. It is also stipulated that “(2) Teachers shall not be compelled to give or be present at religious instruction or any act of religious worship if to do so would be against the dictates of their consciences. (3) If a parent of any pupil requests that such pupil be wholly or partly excused from attending religious instruction or any act of religious worship in a school the pupil shall be excused such attendance wholly or partly as the case may be.” 1http://www.paclii.org/tv/legis/consol_act/cot277/ ,http://www.tuvaluislands.com/gov_info.htm (Accessed 30 September 2010) 2 http://www.tuvalu-legislation.tv/tuvalu/DATA/PRIN/1990-001/ConstitutionofTuvalu.pdf 3 http://www.tuvalu-legislation.tv/tuvalu/DATA/PRIN/1990-038/EducationAct.pdf (Accessed 30 September 2010) 3 6. Corporal punishment is regulated by the Ordinance in its Section 29, which sets that “No teacher, other than a head-teacher, shall administer corporal punishment to any pupil.” 7. Section 30, regarding compulsory education, provides that: “(1) The Minister may by order provide, either generally or in respect of the whole or part of any 1 or more islands and subject to such exemption as shall be specified, that the parent of every child of a specified age or ages shall secure the regular education of his child at a registered non-Government, local government or Government school. (2) Every parent who neglects to obey such an order, or without sufficient cause ceases to do so, shall be liable to a fine of $5 and to a fine of $1 for each day on which the offence continues after conviction therefore.” 8. This Ordinance also contains provisions regarding fees (Article 33), grants and scholarships (Articles 5 and 6), non-government schools (Part IV) and teachers (Part VI). 9. The Education (Compulsory Education) Order 1984: According to the Educational Order, a minimum of ten years compulsory education has been provided for all Tuvaluans between the ages of 6 and 15. Indeed, section 3 (1) (a) of the Educational (Compulsory Education) Order 1984 4 had been amended and now reads “commencing at the beginning of the school year during which he or she reaches the age of six years.” Education is therefore compulsory for all children aged 6 to 15 years old, instead of 7 to 15 years old. 5 Policy measures: 10. Education officials in Tuvalu adopted the Education for Life (EFL) program in 1993, hoping that a more accessible and standardized system of education would boost the island nation's economic development. “The main thrust of EFL program is to provide compulsory quality education necessary for the development, achievement, and sustenance of Tuvalu’s overall objectives. The program puts special emphasis on equal access to education by all Tuvaluans, and the encouragement of parental and community participation and support for education infrastructure and activities – wherever possible through the development of appropriate functions and educational responsibilities and ownership.” 6 11. Free and compulsory education: In Tuvalu, education is compulsory for all children aged 6 to 15 years old (Section 3 of the Education (Compulsory Education) Order 1984). 4http://tuvalu-legislation.tv/cms/images/LEGISLATION/SUBORDINATE/1984/1984- 0014/EducationCompulsoryEducationOrder_1.pdf (Accessed 29 September 2010) 5 National Report Submitted for the Universal Periodic Review (UPR) in Accordance with paragraph 15 (A) of the annex to Human Rights Council Resolution 5/1, 12 September 2008, p. 7 http://www.upr-epu.com/files/62/NR.pdf (Accessed 29 September 2010) 6 Education For All 2000 Assessment Country Report, Part III – Prospectives, http://www.unesco.org/education/wef/countryreports/tuvalu/rapport_3.html (Accessed 29 September 2010) 4 12. Moreover, Section 30 of the Ordinance of 1976 provides that: “(1) The Minister may by order provide…that the parent of every child of a specified age or ages shall secure the regular education of his child at a registered non-Government, local government or Government school. (2) Every parent who neglects to obey such an order, or without sufficient cause ceases to do so, shall be liable to a fine of $5 and to a fine of $1 for each day on which the offence continues after conviction therefore.” 13. Section 33 of the Ordinance of 1976 stipulates that: “(1) The Minister may charge fees for tuition or board and lodging at any Government school or institution and may prescribe fees for tuition, board and lodging at non- Government schools in receipt of a grant (5): Provided that the Minister may, in his discretion, pay or remit in whole or in part any such fees in any particular case. (2) The parent of a pupil shall be liable for all fees due in respect of such pupil at a school or institution whether the pupil was enrolled by the parent or some other person. (3) All fees due from a parent under the foregoing subsections shall be recoverable by or on behalf of the Minister as a civil debt in a court of competent jurisdiction.” 14. Financing of Education: Jointly with its key development partners, Tuvalu has adopted five benchmark indicators to ensure prudent fiscal and debt management, maintenance of fiscal reserves, and sufficient resource allocations to the health and education sectors. 7 15. To provide quality education in primary schools, huge financial assistance has been secured from overseas donors such as the French Government, European Union, Japan and Canada in relation to Tuvalu principal donors namely Australia and New Zealand 8 16. Early Childhood: In Tuvalu, caring for younger members of the family has always been, and still is, the major role of older members of the family or the community in general (aunts and grandparents). Tuvalu through its educational programs has reinforced and emphasized the importance of their roles and contributions in caring for their children. Awareness programs for parents have been reinforced through the Basic Education Life Skills (BELS), especially its Community Support component, where parents are made more aware of their particular roles at home. 9 17.