A/HRC/46/34/Add.1 importance for cultural rights are articles 18, 19 and 27 of the International Covenant on Civil and Political Rights, respectively protecting the rights to freedom of religion or belief and to freedom of opinion and expression and the rights of national, ethnic and linguistic minorities to protect and practice their culture, and article 15 of the International Covenant on Economic, Social and Cultural Rights, which includes the right of everyone to take part in cultural life without discrimination and the rights to access and enjoy cultural heritage and to enjoy the freedom indispensable for scientific research and creative activity. Ratification of those two instruments, which guarantee so many of the human rights threatened by the effects of climate change, could also consolidate the position of Tuvalu as a leading voice for the human rights approach to climate change and for cultural survival in the face of the climate emergency. 13. In terms of the international framework relating to culture, Tuvalu became a party to the UNESCO Convention for the Safeguarding of the Intangible Cultural Heritage in 2017. 14. At the time of the Special Rapporteur’s visit, a national human rights action plan for 2016–2020 and the act creating the national human rights institution (2017) had been adopted. However, the institution itself was still not operational and its budget had not yet been defined. Through the national strategy for sustainable development, 2016–2020 (Te Kakeega III), the Office of the Ombudsman had been tasked to review Tuvaluan laws to align them with international obligations.4 The Ombudsman was also working on promoting the existence of and raising awareness about the institution to all relevant stakeholders and developing its network, with the aim of developing the coordination and capacity to receive complaints related to all human rights themes. The recruitment of two commissioners in the following year was planned so as to be able to attend to an array of questions regarding good governance and human rights. One of the Ombudsman’s concerns is the vulnerability of persons who have retired but do not yet receive social security benefits, which are unavailable until the age of 70. 15. The Special Rapporteur was particularly interested in the intention of the Ombudsman to carry out a national enquiry on cultural values and human rights, which reportedly would highlight the areas where cultural values and practices already reinforce and promote human rights and the areas where cultural practices need adjustments so as to comply with human rights. One important objective would be to clarify that human rights principles are organically present in the culture and context, to combat the misconception that they are foreign concepts and to explore the impact of the regular invocation of “Christian values” in general terms in human rights debates, often without clarification. She encouraged the Ombudsman to pursue this initiative, as described above and in accordance with cultural rights standards, and looks forward to learning more about the forthcoming results. B. Constitutional and legislative framework 16. The Constitution of Tuvalu of 1986 contains a number of fundamental rights and freedoms that are relevant to the respect, protection and implementation of cultural rights, including “freedom of belief”, freedom of expression, freedom of the press and freedom of assembly and association, including the right to strike and form unions. It also states that those rights and freedoms should be exercised “in acceptance of Tuvaluan values and culture, and with respect for them” (art. 11.2.b). 17. Tuvaluan custom and tradition are enshrined in the preamble to the Constitution as one of the three pillars of the Constitution.5 The importance of culture as a basis for happiness, welfare, social stability and law is also stressed in the principles of the Constitution. While this is a positive recognition of the importance of culture for the human dignity of Tuvaluans, the Special Rapporteur is concerned about section 29 of the Constitution, which stipulates that the exercise of human rights might be restricted if it is deemed “divisive, unsettling or 4 5 Te Kakeega III: national strategy for sustainable development, 2016–2020, p. 73. The other two are Christian principles and the rule of law. See Constitution of Tuvalu, Preamble, para. 5. See also Tuvalu, national culture policy: strategic plan, 2018–2024, p. 7; and Tuvalu, national human rights plan, 2016–2020, p. 1. 5