A/HRC/46/34/Add.1
Religious Organizations Restrictions Act, which restricts freedom of religious association or
assembly if the falekaupule deems that the beliefs and practices of the religious organization
in question “directly threaten the values and culture of the island community or [are] divisive,
unsettling or offensive to the people” (art. 4).
22.
In Tuvalu, international treaties cannot be directly invoked in national courts.
Accordingly, upon adherence to international instruments, the Government needs to take
active steps to incorporate the principles of the international instruments into the Constitution
or relevant national laws before they can be applied by national courts.
23.
The mission of the Special Rapporteur was conducted in the middle of a review of the
Constitution, which was planned to continue with the new Parliament. While respecting that
the process was ongoing, in her end of mission statement, the Special Rapporteur expressed
the hope that all human rights – civil, cultural, economic, political and social – would be fully
integrated into the new constitution and that due consideration would be given to adding to
the bill of rights a specific right to take part in cultural life without discrimination.
C.
Human rights in the development agenda
24.
The sustainable development strategy of the country, the Te Kakeega III, is the main,
integrative working agenda of the Government. It is aligned with the goals of the United
Nations sustainable development agenda, which is grounded in human rights. The principle
of the consultation and participation of all was applied in the development of the Te Kakeega
III, and human rights are mentioned twice in the strategy, within the plan to achieve good
governance.
25.
The development agenda is aimed at working towards “a more protected, secure and
prosperous Tuvalu; healthier people who are more engaged in national, regional and
international forums; and a government fully committed to honouring Tuvalu’s international
commitments and respecting its partnerships”.9 The agenda is centred on the well-being of
people and puts great emphasis on good governance. In the national human rights action plan,
an extensive table presents the connection between the development priorities in the Te
Kakeega III and all human rights.10 However, responsibility for mainstreaming and ensuring
a human rights approach in the implementation of the development agenda remains unclear.
26.
Greater awareness-raising about human rights is needed across the government and
the country, in particular human rights education promoting the understanding that universal
human rights are relevant and necessary in Tuvalu and are compatible with many aspects of
Tuvaluan culture. Cultural rights should be stressed, in particular in all such human rights
education and awareness-raising initiatives, as they are critical for ensuring many other
human rights, including civil, economic, political and social rights, as well as the right to
development, and to achieving the Sustainable Development Goals. Moreover, this is in
keeping with the importance given to culture in the Constitution.
27.
A full review of the Te Kakeega III was planned for 2019 and 2020. The Special
Rapporteur is looking forward to being informed about the updated agenda and hopes that
universal human rights, including cultural rights, will be more prominently included and
mainstreamed into the priorities.
III. Realizing cultural rights in Tuvalu
28.
The Special Rapporteur is pleased to note that culture is one of the three pillars of the
State set out in the Constitution. Issues related to culture, values and identity receive much
attention in official discourse and seem to be of great importance to many Tuvaluans.
Considering this stated importance, much needs to be done in the areas of institutional
development, financial investment and policymaking in order to guarantee the conditions for
the respect, protection and realization of cultural rights for all without discrimination.
9
10
Tuvalu, national human rights action plan, p. 2.
Tuvalu, national human rights action plan, pp. 4–6.
7