A/HRC/46/34/Add.1 3. Lesbian, gay, bisexual and transgender persons 40. The Special Rapporteur was pleased to hear that some lesbian, gay, bisexual and transgender persons were becoming more visible in Funafuti and starting to organize in informal groups. She was also informed, however, that prejudices remained and that there were instances of the public shaming and harassment of boys or men considered “effeminate” and of girls or women considered “tomboys”. She shared the concern of the Ombudsman about the lack of a specific legal framework to ensure their protection and the importance of raising awareness about the need for their full inclusion in society, including in cultural life. 41. During debates on the Bill of Rights, discussion of same-sex marriage resulted in controversy and was reportedly considered by some to be unacceptable in Tuvaluan culture. From a cultural rights perspective, it is important to ensure that questions about culture and inclusion be debated widely, with the understanding that culture is not static, but a dynamic process. Discussions about controversial issues should be shaped by the question of whether the cultural attitudes in question respect, protect and promote human dignity and human rights. Cultural rights are not the same as cultural relativism and are firmly grounded in the universal human rights framework. Those rights guarantee the equal rights of all to participate fully in cultural life. C. Right to access and enjoy cultural heritage 42. There is no specific law or policy relating to cultural heritage in Tuvalu. 14 The Constitution gives an important place to cultural heritage and other aspects of culture as a resource for Tuvaluans, affirming that “the stability of Tuvaluan society and the happiness and welfare of the people of Tuvalu, both present and future, depend very largely on the maintenance of Tuvaluan values, culture and tradition, including the vitality and the sense of identity of island communities and attitudes of co-operation, self-help and unity within and amongst those communities”. 15 The national culture policy: strategic plan identifies the safeguarding of heritage as one of its main goals. 43. Tuvaluans have a strong sense of their living traditions, and the Special Rapporteur was informed that each island had maintained some of its traditional skills and handicrafts. In recent years, the Department of Culture conducted a number of activities to meet its international obligations under the Convention for the Safeguarding of the Intangible Cultural Heritage and achieve the related goals of the strategic plan. This included the organization of a capacity-building workshop on the implementation of the Convention in 2017 and the engagement in a participatory intangible heritage inventory, which was ongoing at the time of the Special Rapporteur’s visit. 44. Awareness and knowledge of the skills, such as those of traditional healers and composers, handicrafts, such as traditional construction techniques, canoe building and weaving, songs and other forms of performance present on each island and intertwined with the everyday lives of Tuvaluans is crucial. Only this can ensure that they are appreciated, documented, preserved and transmitted. Hence, the Special Rapporteur hopes that sufficient human resources and adequate funding to include the resources and residents of the outer islands in the intangible heritage inventory have been secured, since they were unavailable at the time of her visit. She encourages the Department of Culture to continue this participatory and inclusive process, with a view to developing and adopting a comprehensive national list of heritage resources. It is also essential that adequate follow up to the completion of the inventory be envisaged and carried out, so as to ensure the preservation of this knowledge and access to it by all. 45. Traditional songs and dances are reported to be regularly performed at prominent events and functions. During her visit, the Special Rapporteur witnessed the importance of choral music in spiritual practice during a church service in Funafuti. She was also told about the importance of oral tradition. They are signs of a strong and living culture. The Special 14 15 10 For more information about a human rights approach to cultural heritage, see A/71/317 and A/HRC/17/38. Constitution of Tuvalu, Preamble, Principles of the Constitution, para. 3.