Nauru

Nauru

Nauru , officially the Republic of Nauru and formerly known as Pleasant Island, is an island country in Micronesia in the South Pacific. Its nearest neighbour is Banaba Island in Kiribati, to the east. Nauru is the world's smallest republic, covering just...

 is a small island country in the South Pacific. With a population of 9,322 it is the world’s least populous independent republic. Nauru’s government is based around 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.

Human rights treaties

Nauru became a member of the United Nations

United Nations

The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...

 on 14 September 1999. Of the nine core human rights treaties Nauru has only acceded to the UN Convention on the Rights of the Child (UNCRC). The Convention Against Torture (CAT

United Nations Convention Against Torture

The United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment is an international human rights instrument, under the review of the United Nations, that aims to prevent torture around the world....

) and the International Covenant on Civil and Political Rights (ICCPR) along with the Optional Protocol were both signed on 12 November 2001 but are yet to be ratified. 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.

Due to Australia’s use of the Nauru Detention Centre

Nauru detention centre

The detention center on the South Pacific island nation of Nauru was based on a Statement of Principles, signed on 10 September 2001 by the President of Nauru, René Harris, and Australia's then Minister for Defence, Peter Reith. The statement opened the way to establish a detention center for up...

 for housing asylum seekers many states recommended in the UPR that Nauru ratify the 1951 United Nations Convention Relating to the Status of Refugees. The signing process was begun on 17 June 2011 and is expected to take around 90 days to complete. Nauru also accepted recommendations to ratify the ICCPR, CAT, and CEDAW but these have not yet been acted upon.

Women's rights

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. In 2008 the Nauruan Police Force received funding to establish a Domestic Violence Unit and safe-house for victims. International Women’s Day is a national holiday. A review of the Nauruan Criminal Code, currently underway, is expected to result in provisions addressing the issue of domestic violence.

Rights of sexual minorities

Sodomy has been illegal in Nauru since 1899 and there is no recognition of same-sex marriages. Under section 208 of the Penal Code homosexual acts are punishable by up to 14 years hard labour. Notwithstanding the law there have been no reports of prosecutions of homosexuals. The review of the Nauruan Criminal Code is expected to decriminalise consensual homosexual activity.

Proposed constitutional amendments

Main Article: Nauruan constitutional referendum, 2010

Nauruan constitutional referendum, 2010

A constitutional referendum was held in Nauru on 27 February 2010. Voters were asked to vote on amendments to the constitution, most notably a change to a directly elected president and a strengthening of human rights legislation...

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 recognising 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.

Review of the Criminal Code

A review of the Nauruan Criminal Code, which has been largely unchanged since 1899, is currently under review by the government with aid from the Australian Attorney-General’s Department. The review is expected to modernise the code and bring it in line with the Universal Declaration of Human Rights.

National human rights institution

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. 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.

External Links

• Universal Periodic Review of Nauru
• 2009 Human Rights Report by the United States Department of State
• Nauru