Tuvalu
Tuvalu has a dedicated counterterrorism law from 2009. There is a carve-out for the exercise of certain fundamental human rights and for acts in armed conflict that comply with international humanitarian law.
The Definition of Terrorism in Domestic Law
The 2009 Counter Terrorism Act defines a "terrorist act" as follows:
an act or omission in or outside Tuvalu that:
(a) constitutes an offence within the scope of a counter terrorism convention; or
(b) is mentioned in subsection (2).
(2) For paragraph (1)(b), the act or omission:
(a) must:
(i) involve death or serious bodily injury to a person; or
(ii) involve serious damage to property; or
(iii) endanger a person’s life; or
(iv) create a serious risk to the health or safety of the public or a section of the public; or
(v) involve the use of weapons; or
(vi) involve introducing into the environment, disturbing or exposing the public to any: (A) dangerous, hazardous, radioactive or harmful substance; or (B) toxic chemical; or (C) microbial or other biological agent or toxin; or
(vii) involve serious disruption to any system or the provision of services directly related to essential infrastructure; and
(b) must be intended or, by its nature and context, reasonably be regarded as being intended:
(i) to intimidate the public or a section of the public; or
(ii) to compel a government or an international organization to do; or refrain from doing, any act.S. 4(1) and (2), 2009 Counter Terrorism Act.
A terrorist act does not include an act or omission that:
(a) is committed as part of an advocacy, protest, demonstration, dissent or industrial action and is not intended to result in any harm mentioned in subparagraph (2)(i), (ii), (iii), (iv), (v) or (vi); or
(b) occurs in a situation of armed conflict and is, at the time and in the place it occurred, in accordance with rules of international law applicable to the conflict.S. 4(3), 2009 Counter Terrorism Act.
Adherence to Global and Regional Terrorism Treaties
Tuvalua is not a State Party to any of the main United Nations treaties on terrorism.
| Treaty | Adherence |
|---|---|
| 1973 Convention on Crimes against Internationally Protected Persons | State not party |
| 1979 Hostage-Taking Convention | State not party |
| 1997 Terrorist Bombings Convention | State not party |
| 1999 Terrorist Financing Convention | State not party |
| 2005 Nuclear Terrorism Convention | State not party |
There is currently no regional treaty on terrorism to which Tuvalu can adhere.
Laws and Penalties for Terrorist Offences
According to Section 12 of the 2007 Act: "Any person commits an offence who engages in a terrorist act is liable on conviction to life imprisonment."
Counterterrorism Capacities and Policies at Domestic Level
The Tuvalu Police Force does not have a dedicated counterterrorism unit.
Glossary
Twitter