Report - Office of the High Commissioner on Human Rights

Group 4 – Urbanisation (Tuvalu – rural to urban/outer island to mainland migration)
Case - Women migrating from outer islands to <strong>the</strong> mainland in Tuvalu. As <strong>the</strong> living conditions <strong>of</strong>
families on <strong>the</strong> outer islands become overcrowded, it is not uncommon for <strong>the</strong> host family to suggest
that <strong>the</strong>ir extended family move out from under <strong>the</strong>ir ro<strong>of</strong>. When <strong>the</strong>y move <strong>the</strong>y go to illegal squatter
areas on <strong>the</strong> main island. As a result <strong>of</strong> <strong>the</strong> migration, people on <strong>the</strong> main island are complaining
<strong>of</strong> over-crowdedness and <strong>the</strong> landowners are complaining <strong>of</strong> squatter settlements.
Elements
Sources
Overriding
Principles
Guarantees
Obstacles
Victims
Security <strong>of</strong> tenure - There is currently no housing policy or building code
in place on <strong>the</strong> main island, which detrimentally impacts women’s
access to secure housing. Women in <strong>the</strong> host family and <strong>the</strong> migrating
family are constrained by limited budgets and suffer acutely because <strong>of</strong>
having to look after <strong>the</strong>ir families, with limited resources
CEDAW (ratified), CRC, Bill <strong>of</strong> Rights (doesn’t contain ESC rights),
Tuvalu has agreed to <strong>the</strong> MDGs
Tuvalu is a member <strong>of</strong> <strong>the</strong> UN family and is <strong>the</strong>refore obligated to
respect international human rights and incorporate <strong>the</strong>m into its laws,
despite not having ratified <strong>the</strong> ICESCR
Tuvalu has some policies, programmes and projects in place (e.g. UNDP
has a programme, in cooperation with Tuvalu, on building <strong>the</strong> capacity
<strong>of</strong> local government as part <strong>of</strong> <strong>the</strong> ongoing process <strong>of</strong> decentralization.
This, it is hoped, will enable local governments to formulate <strong>the</strong>ir own
development plans in <strong>the</strong> outer islands; NZ credit scheme, to provide
women with access to credit; ADB has undertaken a poverty-related
study that provides some statistics). There are also obligations
emanating from customary practices and beliefs that call for social
solidarity within extended families
– There is no housing policy or building code. These are in <strong>the</strong> process
<strong>of</strong> being developed by <strong>the</strong> Social Welfare Department, in collaboration
with <strong>the</strong> Public Works Department and <strong>the</strong> <strong>Office</strong> <strong>of</strong> <strong>the</strong> PM
– There are no constitutional provisions specifically addressing
women’s rights to adequate housing and land
– There is no budgetary support from <strong>the</strong> State for homeless/squatter
families. Although <strong>the</strong>re is a social welfare policy, <strong>the</strong> benefits are not
available to migrants/squatters
– Accommodation <strong>of</strong> additional members over-stretches <strong>the</strong> salaries and
land <strong>of</strong> host families. Salary is <strong>the</strong> only means <strong>of</strong> survival for <strong>the</strong>
migrant family because <strong>the</strong>y have no land
– Stress and o<strong>the</strong>r pressures can cause a deterioration <strong>of</strong> solidarity
within <strong>the</strong> extended family
– The host family (under pressure <strong>of</strong> having so many people in <strong>the</strong>
family)
– The migrant family (<strong>the</strong> pressure <strong>of</strong> having to move and live in a
squatter settlement)
130 WOMEN’S RIGHTS TO ADEQUATE HOUSEING AND LAND