Legal Identity

In Tuvalu, the recognized legal identity document is the birth certificate.^[1] It serves as the official evidence of an individual’s identity such as name, date of birth, place of birth, and parentage.^[2] According to the Births, Deaths and Marriages Registration Act, the birth of every child born in Tuvalu must be registered within 10 days by a qualified informant, typically the parents or someone present at the birth.^[3] Legal identity, established through the CRVS system in Tuvalu, confers a formal identity via civil registration and a birth certificate. This does not constitute citizenship, as citizenship is generally acquired through descent (jus sanguinis), where individuals born to Tuvaluan parents are automatically granted citizenship.^[4]

Digital ID Overview

Tuvalu does not yet have a comprehensive digital ID system. In 2022, during the 27th Conference of the Parties to the United Nations Framework Convention on Climate Change (COP 27), the Tuvaluan Minister of Justice, Communications and Foreign Affairs announced that Tuvalu would become the first “digital nation” and aims to “digitally recreate its land, archive its rich history and culture, and move all governmental functions into a digital space”.^[5] The decision was made considering the threat of the loss of sovereignty Tuvalu faces due to climate change.^[6] Currently, 40% of its capital floods regularly during high tides, with an expectation that the majority of lands will be submerged under water by 2050.^[7]

In its digitization efforts, the government has announced plans to build a blockchain-based digital ID system to connect the people of Tuvalu, such that the country can continue to hold elections, register births, deaths and marriages, and create digital passports.^[8] The government plans to have digital ID systems only accessible to citizens with an aim to “ensure safe and lawful access to services”.^[9] There is insufficient information to confirm the services tied to the digital ID or whether it will be the only way to access services.

While the goal was to establish the digital identity system by 2023, there is no available information confirming the system’s current status.^[10] The available information also does not specify whether digital ID systems in Tuvalu would be mandatory or voluntary for citizens, and whether non-citizens and stateless individuals will be able to access it.

Law

Domestic law and policy

Tuvalu does not currently have specific legislation governing the implementation of digital ID systems or a framework for managing digital identity on a national scale. The National ICT Policy mentions digital identity, referencing the development of digital IDs, public key infrastructure, and the adoption of blockchain technologies as part of national digitization priorities.^[11] Tuvalu’s legal identity framework primarily revolves around traditional methods of identification, such as a birth certificate.^[12] There is no specific information available regarding mechanisms for filing and resolving digital ID-related complaints within the current legal or policy framework.

Data Protection

Tuvalu currently lacks dedicated data protection legislation to safeguard personal information in a digital ID system.^[13] Although the Government of Tuvalu states on its official legislation website that it is “committed to protecting user privacy”, there is no clarity as to what that would mean specifically in terms of data protection and data privacy.^[14]

International Commitments

Tuvalu is not a party to any international framework that has set out obligations concerning digital IDs. Tuvalu has not acceded to the 1954 Convention Relating to the Status of Stateless Persons or the 1961 Convention on the Reduction of Statelessness. Tuvalu has ratified four key human rights treaties: the Convention Relating to the Status of Refugees, Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), the Convention on the Rights of the Child (CRC), and Convention on the Rights of Persons with Disabilities (CRPD).^[15] As the digital ID system has yet to be implemented, there are no current violations of international obligations. However, the absence of legal safeguards raises concerns for future implementation. As Tuvalu continues to develop its digital ID system, it is important to do so in line with its international obligations under the human rights treaties it is party to, which ensures that marginalized populations, such as the stateless, are not excluded from accessing a legal identity as well as essential services guaranteed by implementation of the digital ID.

Designed to Include?

The Impact of Digital ID and Legal Identity on Citizenship and Nationality Rights

Given that Tuvalu’s digital ID system is still being developed, there is no evidence of direct exclusion or inclusion of stateless populations related to digital identity. However, government statements specifying that digital ID is intended only for citizens suggest potential risks of exclusion for non-citizens, stateless and undocumented persons.^[16]

References

1.^

The Pacific Community, ‘Births to Bereavements: Tuvalu Civil Registration and Vital Statistics Plan Put Forward in SPC Report’ (9 September 2024) <https://www.spc.int/updates/blog/2024/09/births-to-bereavements-tuvalu-civil-registration-and-vital-statistics-plan> accessed 26 May 2025.

2.^

3.^

Tuvalu Legislation, ‘The Tuvalu Citizenship Ordinance’ (1966) <https://tuvalu-legislation.tv/cms/images/LEGISLATION/PRINCIPAL/1966/1966-0015/1966-0015_2.pdf>

4.^

UNHCR, ‘Tuvalu: Overview of Citizenship and Statelessness’ (2023) <https://www.unhcr.org/au/sites/en-au/files/legacy-pdf/638592c14.pdf>

5.^

Tuvalu.tv, 'About' <https://www.tuvalu.tv/about>

6.^

Portia Sale, ‘A Country without Land: The First Digital Nation’ (Aveva, 4 April 2025) <https://www.aveva.com/en/our-industrial-life/type/article/a-country-without-land-the-first-digital-nation/> accessed 26 May 2025.

7.^

Portia Sale (n 7).

8.^