The recognized legal identity in Vanuatu is a National ID card.[1]Under the Vanuatu National Identity Card Policy, the Civil Registration and Identification Management has been issuing National ID Cards since 2017.[2]Each ID comes with a unique ID number and a QR code that can be used to scan and obtain information about the citizen. There are different categories for different age groups and are demarcated by different colors (yellow, blue, green, and red respectively.[3]
To get an ID card one must either be a citizen or a permanent resident of Vanuatu. However, new citizens do not automatically get an ID card, but under the Vanuatu National Identity Act, a person who has been granted citizenship must apply for a National Identity Card within 28 days of being granted citizenship.[4]A birth registration does constitute a legal identity in Vanuatu.[5]However, for certain services including access to food being distributed in disaster relief, voting queues at polling stations, or being able to travel on ships or planes, a National ID would still be required.[6]To get a national identification card, a citizen or permanent resident must go to a CRIM registration center, complete a Vanuatu ID Card and EID form, bring a photo of a birth certificate, and bring a photo of the person applying to become a citizen.The National ID card does not by itself prove citizenship. Citizenship is separately established under the Citizenship Act and is evidenced by a Citizenship Certificate,[8]not merely the ID card.
Digital ID Overview
As of February 2025, Vanuatu’s digitized their legal identity system and announced that they plan to allow those who have National IDs to be able to access their ID cards by creating an E-ID.[9]The E-ID can be accessed in the VanuatuID app for those with a smartphone and can provide any institution inquiring about their identity with an up-to-date version of their ID on their phone.[10]According to the CRIM, they plan to launch the VanuatuID app by late 2025.[11]Although the app is still in progress, the QR code required to access the digital ID is being designated and given out, with every citizen applying for the national ID being provided a QR code.[12]
The digital ID system in Vanuatu functions as a foundational ID.[13]The E-ID acts as both a means of identity verification and as a central digital authentication key for accessing a range of government services online, including obtaining of driver’s license, opening bank accounts, obtaining an International travel passport, dealing in land transactions and other such transactions requiring identity verification.[14]As a foundational ID, it serves as a primary means of identity verification for citizens and residents but also connects citizens with other services.
The National ID is mandatory and is required to use certain services.[15]The E-ID is automatically registered and is granted a National ID.[16]As a result, the digital ID system is accessible to all citizens and permanent residents of Vanuatu.[17]There is no available information about foreign citizens, refugees, dual citizens, or stateless individuals regarding access to the Digital ID.
The Digital ID system was developed through collaboration between three government agencies: Vanuatu’s Electoral Authorities, the Civil Registry and Identity Management Department (CRIMD), and the Vanuatu Electoral Environment Project (VEEP).[18]The funding from the project came primarily from the New Zealand government and is managed by the United Nations Development Program (UNDP).[19]There has been no indication of public involvement, as the system process was undertaken by the government and international organizations.
Law
Domestic law and policy
There are several legal frameworks surrounding digital identity in Vanuatu. In 2017, the Vanuatu National Identity Card Policy was established.[20] The goal of the policy was to “facilitate the establishment of a National Identification System that supports secure, reliable and robust identity verification and authentication of citizens and persons ordinarily resident in Vanuatu by 2030.”[21]In 2021, Parliament approved the Civil Registration and Identity Management (CRIM) Act and the Vanuatu National Identity (VNI) Act.[22]Both Acts were introduced to establish data accuracy for all citizens and other residents in Vanuatu and to ensure one record per identity.[23]Digital identity is not defined in any of the legislatures, but the National ID was created with the purpose of being an identity verification source and identity assurance for residents and citizens in Vanuatu.[24]Every citizen is afforded a Digital ID because an E-ID is given in conjunction with any National ID card.[25]As the app to access the digital ID card is still in development, there is no current indication of any mechanisms for filing and resolving digital ID-related complaints.
Data Protection
In 2024, the government passed the Vanuatu National Data Protection and Privacy Policy.[26]The policy was established to create a foundation of data protection and privacy laws related to the protection of personal data, associated rights of individuals, and the right to privacy.[27]The Data Protection and Privacy Act No. of 2024 outlines several safeguards including purpose limitation, data minimization, data accuracy, and security measures.[28]For purpose limitation, the act requires that all data must be collected for specified, legitimate purposes and not further processed in a manner incompatible with those purposes.[29]For data accuracy, the Act requires data to be accurate and kept up to date.[30] For security measures, the act mandates reasonable and appropriate security measures against unauthorized or unlawful processing and against accidental loss, destruction, or damage. The Act does not mention protection measures for biometric data, require that data for the digital ID be encrypted, or prohibit government access to the data collected.
The implementation of the E-ID system in Vanuatu raises several concerns. There is a risk that personal data could be exposed or misused if not properly protected. The centralization of personal data may lead to increased surveillance capabilities. Given that the Data Protection and Privacy Act does not prohibit government access, a concern is that the government could use the data for corruption.[32]The E-ID may also significantly decrease access to public resources in the country, especially for services that can only be accessed through the digital system.
International Commitments
The exclusion of stateless persons without permanent residence from access to identity cards in Vanuatu contradicts Article 6 of the UDHR, which establishes the universal right to a legal identity.[33]The right to identity is further protected under Article 8 of the CRC, which has been ratified by Vanuatu in 1993.[34]Under the CRC, Vanuatu is also obligated to uphold the right to education for children.[35]Exclusion of stateless children without permanent residence from accessing the health and education services attached to legal identity violates this obligation.[36]As a result of the exclusion of some stateless persons from legal identity, the principle of non-discrimination, protected under Article 7 of the UDHR, has also been contradicted.[37]The right to identity is also protected under Article 16 of the ICCPR, which has been ratified by Vanuatu.[38]
Designed to Include?
The Impact of Digital ID and
Legal
Identity on
Citizenship and
Nationality Rights
It is undetermined whether the current creation of the digital ID system in Vanuatu has reduced or contributed to statelessness. Only citizens and permanent residents who are able to get a National ID are also able to get a digital ID.[39]Denial or revocation of a digital ID in Vanuatu can exacerbate statelessness. As stateless individuals cannot apply for a digital ID, they can also not access food being distributed in disaster relief, voting queues at polling stations, or being able to travel on ships, or receive education as you are required to have a National ID.[40]There are currently no alternative avenues for stateless individuals to access such services.[41]
The framework can be more inclusive by mentioning alternative avenues for those without an E-ID or National ID card to be able to access those exclusive services. The policies could also have greater accountability if they mention statelessness in their definitions. Vanuatu can specifically create ID’s or some type of identification for all categories of people, not just citizens and permanent residents. This would include stateless individuals, foreign nationals, and visitors to the country. As of now, there is no data on Vanuatu creating special measures for vulnerable and isolated communities to ensure their access to the digital ID. Although there are not any specific precedents supporting the protection of the rights of stateless individuals, Vanuatu has ratified the ICCPR, CEDAW, CRPD, and CRC which all emphasize the importance of equal access to essential services.
Vanuatu Civil Registry and Vital Statistics, ‘National ID Cards and E-ID’ (10 February 2025) <https://crvsd.gov.vu/services/national-id-cards-and-e-idhttps://crvsd.gov.vu/services/national-id-cards-and-e-i>
Vanuatu Civil Registry and Vital Statistics, ‘National ID Cards and E-ID’ (10 February 2025) <https://crvsd.gov.vu/services/national-id-cards-and-e-idhttps://crvsd.gov.vu/services/national-id-cards-and-e-i>
Vanuatu Civil Registry and Vital Statistics, ‘Registration of New Citizens’ (4 February 2025) <https://crvsd.gov.vu/services/registration-of-new-citizens#:~:text=CRIM%20is%20mandated%20by%20the,the%20Real%20Estate%20Option%20Program>
‘Vanuatu Civil Registry and Vital Statistics, ‘National ID Cards and E-ID’ (10 February 2025) <https://crvsd.gov.vu/services/national-id-cards-and-e-idhttps://crvsd.gov.vu/services/national-id-cards-and-e-i>
UNDP Pacific, ‘Digital National ID: A Small Item in Your Pocket, a Big Step for Vanuatu’ (February 2025) <https://www.undp.org/pacific/stories/digital-national-id-small-item-pocket-big-step-vanuatu>
UNDP Pacific, ‘Digital National ID: A Small Item in Your Pocket, a Big Step for Vanuatu’ (February 2025) <https://www.undp.org/pacific/stories/digital-national-id-small-item-pocket-big-step-vanuatu>
Vanuatu Digital Government, ‘National Data Protection and Privacy Policy’ (February 2025) <https://digital.gov.vu/images/policies/DPPP_interactive_pdf_eng.pdf>
Vanuatu Digital Government, ‘National Data Protection and Privacy Policy’ (February 2025) <https://digital.gov.vu/images/policies/DPPP_interactive_pdf_eng.pdf>
Vanuatu Parliament, ‘Bill for the Data Protection and Privacy Act No. of 2024’ ( February 2025) <https://parliament.gov.vu/images/Bills%20for%202024%20Second%20ordinary/Data%20Protection/Bill%20for%20the%20Data%20Protection%20and%20Privacy%20Act%20No.%20of%202024.pdf>
Vanuatu Parliament, ‘Bill for the Data Protection and Privacy Act No. of 2024’ ( February 2025) <https://parliament.gov.vu/images/Bills%20for%202024%20Second%20ordinary/Data%20Protection/Bill%20for%20the%20Data%20Protection%20and%20Privacy%20Act%20No.%20of%202024.pdf>
Vanuatu Parliament, ‘Bill for the Data Protection and Privacy Act No. of 2024’ ( February 2025) <https://parliament.gov.vu/images/Bills%20for%202024%20Second%20ordinary/Data%20Protection/Bill%20for%20the%20Data%20Protection%20and%20Privacy%20Act%20No.%20of%202024.pdf>
Office of the United Nations High Commissioner for Human Rights, ‘Vanuatu - Universal Periodic Review (UPR)’ (OHCHR) < https://www.ohchr.org/en/hr-bodies/upr/vu-index>
Office of the United Nations High Commissioner for Human Rights, ‘Vanuatu - Universal Periodic Review (UPR)’ (OHCHR) < https://www.ohchr.org/en/hr-bodies/upr/vu-index>.
Office of the United Nations High Commissioner for Human Rights, ‘International Covenant on Civil and Political Rights (CCPR)’ (OHCHR)< https://www.ohchr.org/sites/default/files/ccpr.pdf>
