A/HRC/46/34/Add.1
hopes that, in response to concerns she heard expressed, efforts will be made to
recognize the legitimacy of dissenting voices, as it is reportedly culturally difficult to
express dissenting views, including related to culture and cultural rights.
72.
The expert stresses the great – and truly existential – human rights challenges
Tuvalu faces due to the climate emergency and calls upon the international community
to act effectively to assist the country in facing them. She also stands ready to assist in
those tasks, including in her thematic work on climate change
B.
Recommendations
73.
To strengthen the legislative and judicial framework for implementing human
rights, the Government should:
(a)
Ratify the International Covenant on Economic, Social and Cultural
Rights and the International Covenant on Civil and Political Rights and the respective
optional protocols thereto allowing for communications procedures;
(b)
Ratify the optional protocols to the Convention on the Rights of the Child,
the Convention on the Elimination of All Forms of Discrimination against Women and
the Convention on the Rights of Persons with Disabilities, allowing the respective treaty
monitoring bodies to consider communications regarding violations of those
conventions;
(c)
Conduct a holistic review of its laws and legislation, including the
Constitution, the Penal Code of 1978, the Native Lands Act of 1956, the Marriage Act
of 1968 (as revised), the Tuvalu Lands Code of 1962, the Falekaupule Act of 1997 and
the Employment Act of 1966, in order to ensure that they are fully compatible with the
principle of equality and non-discrimination enshrined in international human rights
law;
(d)
Adopt a clear time frame and targets in relation to the law reform process
and amend or repeal all discriminatory legislation;
(e)
Increase the funding of the national human rights institution so it can hire
human rights officers, conduct awareness-raising campaigns, deliver trainings and
provide information about human rights to all inhabitants;
(f)
Consider the introduction of a freedom of information law in accordance
with international standards and decriminalize defamation;
(g)
Take measures to foster and nurture the acceptance of dissent and the
right of everyone to raise human rights concerns publicly and to ensure the protection
of those who criticize human rights failings and their families.
74.
To ensure the equality of all Tuvaluans, the Government should:
(a)
Include prohibitions against discrimination based on gender, sexual
orientation, disability, age and birth in the Constitution, on par with discrimination on
the grounds of race or religion;
(b)
Adequately integrate principles of non-discrimination and equality of
women and men into education policies, the national core curriculum and related
documents, as well as into basic and continuing education for teachers and health-care
professionals and other service providers;
(c)
Amend or repeal all discriminatory provisions in the Native Lands Act
and the Tuvalu Lands Code to ensure that women have equal rights to land ownership
and land inheritance and to eliminate discriminatory customs and traditional practices
that affect the full enjoyment by women of land and inheritance rights, including by
ensuring that local customary leaders and magistrates in the Lands Court are trained
to uphold women’s land rights.
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