Human rights in Niue

During recent consultations, Niue developed Terms of Reference for a Human Rights Committee which will be responsible for examining the country's human rights obligations arising from international law.{{cite web|title=Niue holds Consultation on Human Rights|url=http://www.forumsec.org/pages.cfm/newsroom/press-statements/2013/niue-holds-consultations-on-human-rights.html|publisher=Pacific Islands Forum Secretariat|access-date=30 April 2014}}

Niue is party to treaties signed and ratified by New Zealand prior to 1988,{{cite web|title=New Zealand Ministry of Justice: Contemporary constitutional status of the homelands and modern relations with New Zealand|url=http://www.justice.govt.nz/publications/publications-archived/2000/pacific-peoples-constitution-report-september-2000/contemporary-constitutional-status-of-the-homelands-and-modern-relations-with-new-zealand#3.2|access-date=28 April 2014}} including the following:{{cite web|author=New Zealand Law Commission|date=|title=Converging Currents: Custom and Human Rights in the Pacific|url=http://www.lawcom.govt.nz/sites/default/files/publications/2006/10/Publication_120_340_SP17.pdf|access-date=|website=|location=|page=272}}{{cite book|last=Farran|first=Sue|title=Human Rights in the South Pacific: Challenges and Changes|date=2009|publisher=Routledge-Cavendish|location=London; New York|isbn=978-1844721092|page=61}}

• International Covenant on Civil and Political Rights (ICCPR)
• International Covenant on Economic, Social and Cultural Rights (ICESCR)
• International Convention on the Elimination of All Forms of Racial Discrimination (CERD)
• Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)

In 1988, New Zealand submitted a Declaration to the United Nations, stating that treaty obligations it subsequently entered into were to no longer bind Niue.Repertory of Practice of United Nations Organs

Supplement No. 8, Volume VI , Article 102 ({{cite web |url=http://legal.un.org/repertory/art102/english/rep_supp8_vol6-art102_e_advance.pdf |title=United Nations - Office of Legal Affairs |access-date=2013-11-23 |url-status=dead |archive-url=https://web.archive.org/web/20131019223055/http://legal.un.org/repertory/art102/english/rep_supp8_vol6-art102_e_advance.pdf |archive-date=2013-10-19 }}), pg 10 Noting that it had become a member of the World Health Organization (WHO) and the United Nations Educational, Scientific and Cultural Organization (UNESCO), the Secretary-General recognised Niue's capacity to enter into international treaties in 1994.Repertory of Practice of United Nations Organs

Supplement No. 8, Volume VI , Article 102 ({{cite web |url=http://legal.un.org/repertory/art102/english/rep_supp8_vol6-art102_e_advance.pdf |title=United Nations - Office of Legal Affairs |access-date=2013-11-23 |url-status=dead |archive-url=https://web.archive.org/web/20131019223055/http://legal.un.org/repertory/art102/english/rep_supp8_vol6-art102_e_advance.pdf |archive-date=2013-10-19 }}), pg 10 The following year, Niue acceded to the Convention on the Rights of the Child (CRC).{{cite web|author=New Zealand Law Commission|date=|title=Converging Currents: Custom and Human Rights in the Pacific|url=https://www.lawcom.govt.nz/sites/default/files/projectAvailableFormats/NZLC%20SP17.pdf|access-date=2021-01-18|website=|location=}}

As a self-governing state, it is responsible for producing its own reports on measures adopted to give effect to international treaties.{{cite web|title=The Status of Women in New Zealand: 2006 CEDAW Report|url=http://mwa.govt.nz/sites/public_files/cedaw06.pdf|access-date=27 April 2014}} Despite offers of assistance from New Zealand,{{cite web|title=New Zealand's Response to Questions of the Committee on Economic, Social and Cultural Rights (2002)|url=http://www.justice.govt.nz/policy/constitutional-law-and-human-rights/human-rights/international-human-rights-instruments/international-human-rights-instruments-1/procedures-relating-to-the-core-human-rights-instruments-of-the-united-nations/documents-and-other-information-relating-to-the-core-human-rights-instruments-ratified-by-new-zealand/documents-and-other-information-relating-to-the-international-covenant-on-economic-social-and-cultural-rights/second-report/NZ-ICESCR-govt-response-to-list-of-issues-2013-2nd.pdf|access-date=28 April 2014}} Niue has experienced difficulty in doing so due to its small population and a shortage of resources and expertise. Its initial report under the Convention on the Rights of the Child was due in 1998, but not submitted until 2010.

Niue is not subject to the Universal Periodic Review process as it is not a member state of the United Nations.{{cite web|title=Member States of the United Nations|url=https://www.un.org/en/members/|access-date=28 April 2014}}

The Niue Constitution Act 1974 sets out provisions for Niue's self-government. The Constitution of Niue, contained in Schedules 1 (Niuean) and 2 (English), is supreme law.s 4 Niue Constitution Act 1974 It prescribes the powers and functions of the executive, legislative and judicial branches of Government. Aside from the right to vote, it does not provide for any fundamental rights.

Previously, Article 31 of Schedule 2 set out special rules for proposed legislation which could impact upon human rights. This required the Chief Justice to be invited to comment on the legal, constitutional, and policy issues where a Bill or proposed amendment affected such matters as criminal procedure, definitions of criminal offences, marriage, the law of evidence, and extradition. This Article was repealed by the Constitution Amendment (No 1) Act 1992.

In 1991, a Committee considered the inclusion of specific human rights guarantees in the Constitution in the form of a Bill of Rights, but ultimately rejected this idea.

Legislation that is in force in Niue today consists of:

• New Zealand legislation that existed on Constitution Day (19 October 1974) which has not subsequently been repealed or amended by the Niue AssemblyArticle 71, Schedule 2, Niue Constitution Act 1974
• Legislation passed by the Niue Assembly in accordance with the Niue Constitution Act 1974Article 28, Schedule 2, Niue Constitution Act 1974
• New Zealand legislation passed after Constitution Day which is requested by the Niue Assembly to extend to Niue Article 36, Schedule 2, Niue Constitution Act 1974

Core New Zealand human rights enactments, such as the New Zealand Bill of Rights Act 1990 and the Human Rights Act 1993, do not apply in Niue.

The death penalty has been abolished in Niue.{{cite web|title=The Death Penalty in the Pacific Islands|url=https://www.amnesty.org.nz/files/Pacific%20islands%20death%20penalty%20notes.pdf|publisher=Amnesty International|access-date=29 April 2014|archive-url=https://web.archive.org/web/20130613002246/http://www.amnesty.org.nz/files/Pacific%20islands%20death%20penalty%20notes.pdf|archive-date=13 June 2013|url-status=dead}}

The Niue Assembly has the power to make laws for the "peace, order and good government" of Niue.Article 28, Schedule 2, Niue Constitution Act 1974 It has twenty members, elected under a system of universal suffrage,Part 16, Schedule 2, Niue Constitution Act 1972 and a Speaker. Elections occur every three years.

A person is not qualified to be registered as an elector if he or she:

• Does not meet residency requirements of section 12 of the Niue Assembly Act 1966;
• Is of unsound mind;s 12(1)(f) Niue Assembly Act 1966
• Is under the age of 18;s 12(1)(d) Niue Assembly Act 1966 or
• Has been convicted in Niue or any Commonwealth country of an offence punishable by death or imprisonment of one year or more, and has not received a pardon or undergone the sentence or punishment.s 12(1)(e) Niue Assembly Act 1966

Issues with access to justice have arisen due to a shortage of persons with the relevant skills and knowledge. There is no system of legal aid,{{cite web|title=National Human Rights Institutions Pathways for Pacific States Pacific Human Rights Issues Series: 1|url=http://www.hrc.co.nz/hrc_new/hrc/cms/files/documents/09-Jul-2007_12-52-44_Pacific_Paper.pdf|publisher=New Zealand Human Rights Commission|access-date=29 April 2014|page=22}} and a survey carried out in 2011 found there were only six lawyers in Niue.{{cite web|title=Needs Evaluation Survey for South Pacific Lawyers' Association – Final Report|url=http://www.pso.gov.sb/index.php/resources/doc_download/191-needs-evaluation-survey-for-south-pacific-lawyer-associations|access-date=28 April 2014|page=14}} Niue is a member of the Pacific Judicial Development Programme, which aims to improve the operation of the justice system in the Pacific region by providing training and support.{{cite web|title=Pacific Judicial Development Programme|url=http://www.fedcourt.gov.au/pjdp|access-date=28 April 2014|date=2011-06-23}}

There are no legislative restrictions on religious belief or practice, however the Constitution does not guarantee freedom of religion, nor is there any legislation which prohibits discrimination on the grounds of religion. The majority of Niueans are Christian,Niue Census of Population and Households 2011, Government of Niue. p. 46{{cite web|title=Niue: A Situation Analysis of Women, Children and Youth|url=http://www.unicef.org/pacificislands/Niue_Sitan_Report_Latest_pdf.pdf|access-date=28 April 2014|page=3|archive-date=12 April 2011|archive-url=https://web.archive.org/web/20110412141943/http://www.unicef.org/pacificislands/Niue_Sitan_Report_Latest_pdf.pdf|url-status=dead}} and regard Sunday as a day of rest.{{cite web |url=https://niuepocketguide.com/the-guide-to-sundays-in-niue/ |title=The Guide to Sundays in Niue |publisher=Niue Pocket Guide |access-date=30 July 2022}} Some laws, such as bans on fishings 13 Domestic Fishing Act 1995 and exhibiting films s 15 Film and Public Entertainment Act 1979 on Sundays, reflect this.

While the Constitution does not expressly guarantee freedom of expression, there are few restrictions on what can be said or published in Niue. Inciting racial disharmony is an imprisonable offence.s 19 Race Relations Act 1972 Persons who make statements which constitute libel or slander are also liable to imprisonment.s 187 Niue Act 1966

The Government is the main employer in Niue.Committee on the Rights of the Child: State party's report: CRC/C/NIU/1 (11 July 2011), para 94 Conditions of employment, entitlement to leave, and processes for promotions and disciplinary action in the public sector are laid down by the Public Service Regulations 2004. Retirement is compulsory for permanent employees in the public service upon reaching the age of 55.Part 30 Public Service Regulations 2004 There is no labour law for workers employed in the private sector.Committee on the Rights of the Child: State party's report: CRC/C/NIU/1 (11 July 2011), para 94

It is unlawful to refuse access to public places, vehicles and facilities,s 3 Race Relations Act 1972 provision of goods or services,s 4 Race Relations Act 1972 employment,s 5 Race Relations Act 1972 or access to land and housings 6 Race Relations Act 1972 on the basis of colour, race, or ethnic or national origins. Persons who believe themselves to be aggrieved by these provisions are entitled to bring civil proceedings in court.s 10 Race Relations Act 1972 Agreements in relation to real property are void to the extent that they prohibit or restrict dealings by reason of the colour, race or ethnic origins of an individual or their family.s 33A Property Law Act 1952 Persons who incite racial disharmony through the use of threatening or abusive words are liable to imprisonment.s 19 Race Relations Act 1972

Although there is no law prohibiting discrimination on the grounds of sex or gender, Niue generally "offer[s] women equality under the law". It is on track to meet its Millennium Development Goals of 2015 in relation to promoting gender equality and empowering women.{{Cite web|title=Regional report card shows the way forward for Sustainable Development Goals – Forum Sec|url=https://www.forumsec.org/2015/11/09/regional-report-card-shows-the-way-forward-for-sustainable-development-goals/|access-date=2021-01-18|language=en-US}} There have been no reports of maternal deaths since 1980,{{Cite web|last=|first=|date=|title=Pacific Regional MDGs Tracking Report|url=https://www.forumsec.org/wp-content/uploads/2020/03/2015-Pacific-Regional-MDGs-Tracking-Report.pdf|access-date=2021-01-18|website=}} gender parity has been achieved in primary and tertiary education, and there is high participation of women in government.

There are, however, areas of concern. Domestic violence is "pervasive"Committee on the Rights of the Child: Concluding observations on the initial report of Niue: CRC/C/NIU/CO/1* (24 June 2013), para 36 and tends to be managed by families themselves rather the authorities.{{cite web|title=Niue: A Situation Analysis of Women, Children and Youth|url=http://www.unicef.org/pacificislands/Niue_Sitan_Report_Latest_pdf.pdf|access-date=28 April 2014|page=28|archive-date=12 April 2011|archive-url=https://web.archive.org/web/20110412141943/http://www.unicef.org/pacificislands/Niue_Sitan_Report_Latest_pdf.pdf|url-status=dead}} There is presently no legislation which deals specifically with this issue,{{cite web|title=Briefing on Sexual and Gender-based Violence in the Pacific: Regional Overview and Call for Action|url=https://www.amnesty.org.nz/files/FINALBriefing-on-SGBV-in-the-Pacific.pdf|access-date=28 April 2014}} although work is under way on a Family Protection Bill which is expected to provide measures for the punishment of perpetrators and the protection of victims of domestic violence.Committee on the Rights of the Child: Written Replies of Niue: CRC/C/NIU/Q/1/Add.1 (13 January 2013), paras 36-39

Marital rape is not a criminal offence in Niue. A man cannot be convicted of the rape or attempted rape of his wife unless a decree nisi of divorce, decree of nullity, judicial separation, or separation order was in place at the time of the act.s 162 Niue Act 1966 Sexual violence against girls is addressed in the Niue Act 1966, which provides that those who have or attempt sexual intercourse with a girl under 15 are liable to terms of imprisonment.s 163 Niue Act 1966 Despite this, sexual assault on minors has been reported as occurring “regularly”.{{cite web|title=Niue: A Situation Analysis of Women, Children and Youth|url=http://www.unicef.org/pacificislands/Niue_Sitan_Report_Latest_pdf.pdf|access-date=28 April 2014|page=31|archive-date=12 April 2011|archive-url=https://web.archive.org/web/20110412141943/http://www.unicef.org/pacificislands/Niue_Sitan_Report_Latest_pdf.pdf|url-status=dead}} Cultural and societal beliefs have the effect of inhibiting the reporting of these offences. Where complaints are lodged, they are frequently subsequently withdrawn or dropped.{{cite web|title=Niue: A Situation Analysis of Women, Children and Youth|url=http://www.unicef.org/pacificislands/Niue_Sitan_Report_Latest_pdf.pdf|access-date=28 April 2014|page=32|archive-date=12 April 2011|archive-url=https://web.archive.org/web/20110412141943/http://www.unicef.org/pacificislands/Niue_Sitan_Report_Latest_pdf.pdf|url-status=dead}} The introduction of a mandatory reporting obligation on figures of authority, and a “no-drop” policy ensuring cases are not closed prematurely{{cite web|title=Niue: A Situation Analysis of Women, Children and Youth|url=http://www.unicef.org/pacificislands/Niue_Sitan_Report_Latest_pdf.pdf|access-date=28 April 2014|pages=44, 45|archive-date=12 April 2011|archive-url=https://web.archive.org/web/20110412141943/http://www.unicef.org/pacificislands/Niue_Sitan_Report_Latest_pdf.pdf|url-status=dead}} have been touted as possible solutions.

Due to a lack of reproductive health education{{cite web|title=Niue: A Situation Analysis of Women, Children and Youth|url=http://www.unicef.org/pacificislands/Niue_Sitan_Report_Latest_pdf.pdf|access-date=28 April 2014|page=9|archive-date=12 April 2011|archive-url=https://web.archive.org/web/20110412141943/http://www.unicef.org/pacificislands/Niue_Sitan_Report_Latest_pdf.pdf|url-status=dead}} and the societal attitude that all children are "blessings and gifts from God",{{cite web|title=Niue: A Situation Analysis of Women, Children and Youth|url=http://www.unicef.org/pacificislands/Niue_Sitan_Report_Latest_pdf.pdf|access-date=28 April 2014|page=31|archive-date=12 April 2011|archive-url=https://web.archive.org/web/20110412141943/http://www.unicef.org/pacificislands/Niue_Sitan_Report_Latest_pdf.pdf|url-status=dead}} teen pregnancy is common.{{cite web|title=Niue: A Situation Analysis of Women, Children and Youth|url=http://www.unicef.org/pacificislands/Niue_Sitan_Report_Latest_pdf.pdf|access-date=28 April 2014|page=13|archive-date=12 April 2011|archive-url=https://web.archive.org/web/20110412141943/http://www.unicef.org/pacificislands/Niue_Sitan_Report_Latest_pdf.pdf|url-status=dead}} Abortion is not currently available in Niue,{{cite web|title=Niue: A Situation Analysis of Women, Children and Youth|url=http://www.unicef.org/pacificislands/Niue_Sitan_Report_Latest_pdf.pdf|access-date=28 April 2014|page=32|archive-date=12 April 2011|archive-url=https://web.archive.org/web/20110412141943/http://www.unicef.org/pacificislands/Niue_Sitan_Report_Latest_pdf.pdf|url-status=dead}} and its legality is unclear. The Niue Act 1966 provides that it is an offence to “unlawfully procure” or administer an abortion,ss 166-168 Niue Act 1966 which suggests that some abortions may be lawful. In particular, the common law defences 238 Niue Act 1966 of necessity could be applicable in the event of endangerment to a woman’s life or health.Abortion Policy in Niue: United Nations Department for Economic and Social Affairs (www.un.org/esa/population/publications/abortion/doc/niue.doc) This remains untested in Court.

It is an offence to be the keeper of a brothel in Niue, as was being a prostitute.{{cite web|title=Niue Laws Legislation As At December 2006 - Niue Act 1966|url=http://www.ffa.int/system/files/Niue_Act_1966.pdf|website=Pacific Islands Forum Fisheries Agency|access-date=6 February 2018|date=December 2016}} The minimum age of marriage for females in Niue is 15. The United Nations Committee on the Rights of the Child has recommended raising this to 18, to match the minimum age for males.Committee on the Rights of the Child: Concluding observations on the initial report of Niue: CRC/C/NIU/CO/1* (24 June 2013), para 23

{{main|LGBT rights in Niue}}

Same-sex relationships have been identified by Niue as an issue which “may be the subject of reform”Committee on the Rights of the Child: Written Replies of Niue: CRC/C/NIU/Q/1/Add.1 (13 January 2013), paras 4, 5 in the coming years.

Current Niue law does not make any specific reference to those who identify as lesbian, gay, bisexual or transgender. Same-sex marriage is not recognised{{cite web|last=Joint project of UNDP Pacific Centre, Regional Rights Resource Team SPC and UNAIDS|title=HIV, Ethics and Human Rights|url=http://www.undppc.org.fj/_resources/article/files/Niue_HIV_Ethics_and_HR_review_of_legislation.pdf|access-date=20 April 2014|page=15}} and there is no legislation prohibiting discrimination on the basis of sexual orientation or gender identity. Sexual activity between males is criminalised by the Niue Act 1966. Those who commit the offence of “buggery” are liable to imprisonment for 10 years,s 170 Niue Act 1986 while “indecent assault” between males carries a potential 5-year term of imprisonment.s 171 Niue Act 1986 Consent is no defence to either of these offences. There is no legislation relating to female same-sex sexual conduct.

There is no provision for a change of sex on official documents under the Births and Deaths Registration Regulations 1984.

The definition of a child varies greatly under Niue law. Individuals may sue and be sued in infancy, are entitled to drive at age 14, may purchase liquor at 18, and can be adopted up to age 21.Committee on the Rights of the Child: State party's report: CRC/C/NIU/1 (11 July 2011), para 92 Those under 18 are prohibited from permanent employment in the public service,Part 24, Public Service Regulations 2004 however there is no minimum age to undertake other work. As Niue has no labour law for those employed in the private sector, children who take on employment outside of the public service have no legal protection from poor working conditions or exploitation.

Enrolment and attendance at a school is compulsory for children between the ages of 5 and 16.s 24 Education Act 1989 All education provided by Government schools is free of charge.s 19 Education Act 1989 It is the duty of parents to ensure their child of school age is enrolled and attends school, and failure to do so without excuse or exemption is an offence.ss 28, 30 Education Act 1989 In 2011, the enrolment rate of primary and secondary school aged children was 100%.Niue Census of Population and Households 2011, Government of Niue. p. 50

The use of corporal punishment at school is not expressly prohibited by law. Legislation relating to cruel treatments157A Niue Act 1966 and bodily harmss 151-153 Niue Act 1966 is not interpreted as outlawing corporal punishment.Committee on the Rights of the Child: Concluding observations on the initial report of Niue: CRC/C/NIU/CO/1* (24 June 2013), para 34 Acceptance of corporal punishment in the home is "near universal".{{cite web|title=Niue Pathways to the Prevention of Sexual Violence|url=http://www.mpia.govt.nz/assets/documents/corporate-documents-2/05-Niue-PPSV-online-version.pdf|publisher=School of Population Health, University of Auckland|access-date=29 April 2014|page=9}}

Legislation requires that children with physical or mental disabilities be educated at a "special school" or institution,s 27 Education Act 1989 however Niue has no teachers with training in special needs education.{{cite web|title=Niue: A Situation Analysis of Women, Children and Youth|url=http://www.unicef.org/pacificislands/Niue_Sitan_Report_Latest_pdf.pdf|access-date=28 April 2014|page=22|archive-date=12 April 2011|archive-url=https://web.archive.org/web/20110412141943/http://www.unicef.org/pacificislands/Niue_Sitan_Report_Latest_pdf.pdf|url-status=dead}} Also of concern is reference in the Niue Act 1966 to women and girls who are "idiots, imbeciles or of unsound mind", and the lower criminal sanction for those who sexually offend against such individuals.s 165 Niue Act 1966

Niue adopted a National Policy on Disability in 2011.Committee on the Rights of the Child: Concluding observations on the initial report of Niue: CRC/C/NIU/CO/1* (24 June 2013), para 49

{{reflist|2}}

• [https://web.archive.org/web/20141009232532/http://www.gov.nu/wb/pages/legislation-matafakatufono.php Acts, Laws and Regulations of Niue]
• [http://tbinternet.ohchr.org/_layouts/TreatyBodyExternal/Countries.aspx United Nations Office of the High Commissioner for Human Rights: Treaty Body Database]
• [http://niueisland.nu/ Official Website of the People of Niue]
• [https://www.cia.gov/the-world-factbook/countries/niue/ The World Factbook: Niue]
• [http://www.spc.int/prism/niue/index.php/population/cat_view/12-surveys/13-census/14-census-2011 Niue Population and Household Census 2011]

{{Niue topics}}

{{Oceania in topic|Human rights in}}

Niue

Category:Politics of Niue