A/HRC/46/34/Add.1
what aspects of culture and cultural heritage to prioritize the preservation of, and about how
to memorialize, any heritage losses is essential. 24
68.
International support for the cultural survival of Tuvalu and the human rights,
including cultural rights, of Tuvaluans requires the full implementation of State obligations
under the Paris Agreement by all States parties. While it is the sovereign decision of every
State to become or remain a party to a treaty, subject to the rules of treaty law, when a State
remains outside or withdraws from essential environmental accords such as the Paris
Agreement, or fails to implement them, given the ongoing documented human rights impact
of climate change, it is acting knowingly in a manner that harms the human rights and cultures
of all and is failing to respect its obligation to cooperate internationally. This should be
understood as irreconcilable with the principles of the Charter of the United Nations,
including Articles 55 and 56.25 A failure to fulfil international climate change commitments
is a violation of the State’s obligations to protect human rights, including cultural rights.26
69.
Human rights obligations related to climate change should be understood at both the
national and transnational levels. 27 In many Human Rights Council resolutions, it has
repeatedly noted that the global nature of climate change calls for the widest possible
cooperation by all countries and their participation in an effective and appropriate
international response.28
IV. Conclusions and recommendations
A.
Conclusions
70.
The Special Rapporteur calls upon the authorities to uphold their commitment
to implement the human rights obligations of Tuvalu, including its cultural rights
obligations, for all Tuvaluans without discrimination and to increase its collaboration
with human rights mechanisms. She hopes that the Government will give serious
consideration to the full implementation of her recommendations and to following up
on the recommendations and reports of United Nations experts and mechanisms. A
review of past reports indicates that implementation of some important
recommendations remains outstanding.
71.
In the Special Rapporteur’s report on universality and cultural diversity, issued
in 2018, she noted that each society was encouraged to highlight the expressions of
universal human rights embodied in its languages and traditions, to identify in its own
diverse cultural resources, in sayings, tales and philosophical wisdom, the values at the
root of human rights and of human dignity. Connecting universal values with lived
realities and aspirations and being able to quote an article of the Universal Declaration
of Human Rights, together with a traditional saying that conveys the same message,
reinforced the ownership of those values. 29 As underscored in the UNESCO World
Report in 2009, it is vital to ground the universality of human rights in the realities of
our societies by drawing attention to their appropriation by all individuals who can
identify the rights with a sense of ownership, regardless of language, tradition and
location.30 The Special Rapporteur suggests that more work needs to be done in Tuvalu
with regard to recognizing and promoting the compatibility of, interconnections
between and interdependence of local culture and universal human rights. She also
24
25
26
27
28
29
30
A/75/298, paras. 38–40.
Bruno Simma et al, eds., The Charter of the United Nations: A Commentary, 2012, p. 1, 609.
A/74/161, para. 74.
See, e.g., the assertion by the Committee on the Elimination of Discrimination against Women that
States have obligations both within and outside their territories to ensure the full implementation of
the Convention, including in the areas of disaster risk reduction and climate change mitigation and
adaptation (CEDAW/C/GC/37, para. 43). See also A/HRC/44/28.
See, e.g., Human Rights Council resolutions 41/21 and 44/7.
A/73/227, para. 45.
UNESCO, UNESCO World Report: Investing in Cultural Diversity and Intercultural Dialogue (Paris,
2009), p. 225.
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