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Nauru - Universal Periodic Review

UPR 37, January 27, 2021
Recommendations by Canada

Background

Nauru is a parliamentary democratic republic with protections of fundamental rights and freedoms outlined in its Constitution. Nauru is party to four of the nine principal human rights treaties. Since its last UPR, Nauru modernized its criminal justice system with the Crimes Act, which abolished the death penalty, decriminalized consensual same-sex sexual activity, and strengthened provisions to address violence against women and girls. However, there continues to be several key issues of concern.

Nauruans struggle to access safe and nutritious food due to limited viable agricultural land. Almost 90% of foodstuff is imported and the prohibitively high cost of imported vegetables and fruit are contributing factors to Nauru’s high rates of stunting in children under-five, adult and childhood obesity, and type 2 diabetes. Noncommunicable diseases such as diabetes, hypertension, and obesity have become the leading causes of morbidity and mortality in Nauru. Residents of Nauru have limited and restricted access to in-country mental health services. Nauru’s Mental Health Ordinance of 1963 is not consistent with international standards and replacement legislation has not been adopted. There are few psychiatrists, psychologists or occupational therapists in Nauru and access to mental health care has been further restricted since the adoption of regulations in February 2019 to prohibit telemedicine services in the country. The economic, cultural and social rights of Nauruans is impacted as a result.

Ensuring the independence of the judiciary remains a concern. In 2014, the Government of Nauru was accused of interference and pressure on the judiciary after dismissing and expelling two Australian law officers. Three years later, Nauru withdrew from a bilateral treaty with Australia and ceased the use of the High Court of Australia as the highest appellate court. In 2018, the Parliament of Nauru passed constitutional amendments and legislation to establish a Court of Appeal.

Labour laws in Nauru do not prohibit discrimination in respect to employment and occupation. Government and state-owned enterprises dominate employment, in which men are over-represented in employment. National laws do not prohibit discrimination against persons with disabilities or based on their sexual orientation or gender identity.

Recommendations

Thank you, Madam President.

Canada acknowledges the steps taken by the Republic of Nauru to promote and protect human rights, and commends Nauru for implementing the Crimes Act 2016 and the Domestic Violence and Family Protection Bill 2017.

Canada recommends that Nauru:

1. Enhance efforts to combat malnutrition by improving local food security and access to safe drinking water.
2. Prohibit discrimination in employment, including discrimination based on gender, disabilities, and sexual orientation or gender identity.
3. Take measures, with partners and qualified providers, to deliver health services to meet the mental health needs of Nauruans, refugees and asylum seekers.
4. Take further steps to ensure that judges are free from any interference, pressure or undue influence in criminal proceedings.

Canada urges Nauru to ratify core international human rights instruments, including the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights.