Women
Rape and Domestic Violence: Rape – regardless of the victim’s gender – is a crime with a maximum penalty of life imprisonment. The law does not specifically criminalize spousal rape, but it may be prosecuted under related statutes that cover assault and domestic violence. The law criminalizes domestic violence and seeks to protect the rights of women and children. Violators could face maximum prison terms of five years, a fine, or both. The law also calls for police to issue protection orders for as long as there is a threat of violence.
The government did not effectively enforce rape and domestic violence laws. Police frequently were reluctant to intervene in what they considered domestic matters. In August police arrested a priest for allegedly raping a child.
There is a “no drop,” evidence-based policy under which police are not supposed to drop reported domestic violence cases. The Police Academy and the New Zealand government provided training for police in responding to domestic violence and sexual assault cases.
Gender-based violence, particularly domestic violence, was common. According to the most recent survey data available, 60 percent of women in an intimate partner relationship experienced physical or sexual violence by a partner. According to the 2020 Offender Census Report from Correctional Services, 50 percent of prison inmates were charged with sex-related offenses. Most cases, including rape, were not reported to authorities because women, particularly in rural areas, were unaware of their rights or feared further abuse.
In 2021 the police force’s Family Protection Unit confirmed that the continuing increase in domestic violence and sexual abuse cases was linked to the continuing COVID-19 pandemic. For every five reports received each week by the unit, up to two were related to domestic violence and sexual abuse.
In 2021 the nongovernmental organization (NGO) Vanuatu Women’s Center reported that the number of domestic violence cases surged after the March 2020 border closure imposed by COVID-19 travel restrictions, with reports during the year doubling the average number for 2020. The center added that there was also violence within families between children and their parents, with more than 10 reported cases a day related to domestic violence, sexual assault, and rape. In May media reported an Australian academic study of 192 women attending antenatal care in Sanma Province that found 45 percent had experienced intimate partner violence during their current pregnancy. The women’s center provided face-to-face counseling and free legal services to provide for the safety of women and children, with support from the Australian government. It also ran a national toll-free help-line number for free counseling, referral, and support services to women and child survivors of domestic violence that can be accessed on the country’s two networks. The help line received 30-40 calls per day.
The Department of Women’s Affairs played a role in implementing family protection. NGOs like the Vanuatu Women’s Center played an important role in educating the public regarding domestic violence and helping women access the formal justice system, but they lacked sufficient funding to implement their programs fully.
Customary bride-price payments continued and contributed to the perception of men’s ownership of women.
Sexual Harassment: The law does not prohibit sexual harassment and it was widespread in the workplace. A May survey of 62 girls and women in Port Vila and surrounding areas conducted by women’s rights organization Sista and supported by the Fiji Women’s Rights Movement and the European Development Fund found that 66 percent had experienced sexual harassment at their workplace; 79 percent of such cases were not reported due to “the normalization of sexual harassment” or “unclear strategies on how to report.” The survey found many workplaces did not have sexual harassment policies.
Reproductive Rights: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities. Cultural and social barriers impeding access to care and contraception included low literacy levels among women; risk of gender-based violence and social stigma; the belief that younger women, unmarried women, women without domestic partners, and women who have not given birth to a child should not use contraceptives; lack of health-care worker training; and community gossip and discrimination. Access to menstrual health care was culturally constrained in most rural areas and was a financial challenge to girls living in urban areas. In most rural areas access to sanitary pads was rare and during menstruation, girls usually missed school. There was limited or no access for vulnerable populations in the rural areas to health-care services. Societal discrimination against lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) individuals indirectly prevented them from freely accessing health-care services.
The government provided access to sexual and reproductive health services for survivors of sexual violence. Emergency contraception was available through private clinics, following counseling services for survivors.
Discrimination: The constitution provides women the same personal and religious rights as men. Laws regarding marriage, criminal procedures, and employment further enshrine women’s rights as equal to those of men.
Although the law does not prohibit women from owning or inheriting property or land, tradition generally bars women from land ownership or property inheritance.
Women were slowly emerging from a traditional culture characterized by male dominance, but women continued to experience discrimination in access to employment, credit, and pay equity for substantially similar work. The Department of Women’s Affairs worked with regional and international organizations to increase women’s access to the formal justice system and educate women regarding their rights under the law, holding multiple open workshops throughout the year that coincided with public holidays to encourage participation at the local community level. Women faced discrimination in employment and occupation (see section 7.d.).
Systemic Racial or Ethnic Violence and Discrimination
The constitution provides that all persons are entitled to fundamental rights and freedoms of the individual without discrimination on the grounds of race, place of origin, religious or traditional beliefs, political opinions, language, or sex. The government did not effectively enforce constitutional or legal prohibitions of discrimination or violence against members of racial or ethnic minority groups.
Children
Birth Registration: Children born in country to one citizen parent, through either birth or naturalization, are entitled to citizenship. Parents usually registered the birth of a child immediately, unless the birth took place in a very remote village or island. Failure to register does not result in denial of public services.
Education: The government stressed the importance of children’s rights and welfare, but significant problems existed with access to education. Although the government stated its commitment to free and universal education, school fees and difficult geography were barriers to school attendance for some children.
School attendance is not compulsory. In general, boys received more education than girls. Although attendance rates were similar in early primary grades, proportionately fewer girls advanced to higher grades, possibly due in part to lack of menstrual healthcare options in rural areas (see section 6, Women, Reproductive Rights). An estimated 50 percent of the population was functionally illiterate.
Child Abuse: The country does not have a legal definition of child abuse, but the law addresses sexual abuse of children and states that parents must protect children from violence within the family setting. The national child protection policy recognizes the government’s responsibility to protect all children from violence, abuse, exploitation, and neglect and includes the need to introduce a child protection bill.
NGOs and law enforcement agencies reported increased complaints of child abuse, incest, and rape of children in recent years. A 2017 UNICEF report stated that eight of 10 children from ages two to four experienced violent discipline at home. It also stated that one in three children experienced severe physical punishment at home and that sexual abuse before age 15 affected three of 10 children. The government did little to combat the problem.
In 2021 the Family Protection Unit confirmed “children are becoming victims to sexual abuse by fathers or caretakers.”
Child, Early, and Forced Marriage: The legal age for marriage is 21 years, although boys as young as 18 and girls as young as 16 may marry, with parental permission. In rural areas and outer islands, some children married at younger ages. In June UNICEF reported that approximately 21 percent of children married before age 18.
Sexual Exploitation of Children: The law addresses statutory rape, providing for a maximum penalty of five years’ imprisonment if the child is older than age 13 but younger than 15, or 14 years’ imprisonment if the child is younger than 13. The law also prohibits commercial sexual exploitation of children, the sale of children, and child sex trafficking (the offering or use of a child for the purpose of commercial sex or pornography). There were no criminal cases dealing with pornography or child sexual exploitation during the year.
The maximum penalty for publishing child pornography is five years’ imprisonment and two years’ imprisonment for possession.
Authorities generally enforced laws against commercial sexual exploitation of children, child sex trafficking, and child pornography.
By law the age of consensual sex is 16 regardless of sex or sexual orientation. Some children younger than 18 were used for commercial sexual exploitation.
Antisemitism
The country’s Jewish community consisted of a few foreign nationals, and there were no known reports of antisemitic acts.
Trafficking in Persons
See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.
Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation, Gender Identity or Expression, or Sex Characteristics
Criminalization: No law criminalizes consensual same-sex sexual conduct between adults.
Violence against LGBTQI+ Persons: There were reports of discrimination and violence against LGBTQI+ persons. LGBTQI+ activist group VPride Foundation reported the perception within the LGBTQI+ community that police would tolerate violence and discrimination against LGBTQI+ persons; therefore, harassment, discrimination, and criminal acts go unreported.
Discrimination: No law specifically prohibits discrimination based on sexual orientation, gender identity or expression, or sex characteristics; nor does the law recognize LGBTQI+ individuals, couples, or their families. There are no hate crime laws or criminal justice mechanisms to aid in the prosecution of bias-motivated crimes against members of the LGBTQI+ community.
Availability of Legal Gender Recognition: Legal gender recognition was not available.
Involuntary or Coercive Medical or Psychological Practices Specifically Targeting LGBTQI+ Individuals: There were no reports of the involuntary or coercive medical or psychological practices of so-called conversion therapy targeting LGBTQI+ individuals during the year.
Restrictions of Freedom of Expression, Association, or Peaceful Assembly: LGBTQI+ groups operated freely.
Persons with Disabilities
Persons with disabilities were unable to access education, health services, public buildings, or transportation on an equal basis with others. Government information and communication on disability concerns was not provided in accessible formats. No law specifically prohibits discrimination against persons with disabilities. Although the building code mandates access for persons with disabilities to existing and new facilities, most buildings did not facilitate such access.
The government did not effectively implement national policy designed to protect the rights of persons with disabilities. Access to services through the Ministry of Health’s mental health policy was very limited. Schools were generally not accessible to children with disabilities.
The government generally relied upon the traditional extended family and NGOs to provide services and support to persons with disabilities. The social stigma attached to disabilities contributed to the scarcity of jobs available to persons with disabilities amid a high rate of unemployment in the general population (see section 7.d.).