A/HRC/46/34/Add.1 offensive to the people” or to “threaten Tuvaluan values and culture”. She recalls the principle, enshrined in the Universal Declaration of Human Rights (art. 30), the Vienna Declaration and Programme of Action (para. 5) and the UNESCO Universal Declaration on Cultural Diversity (art. 4), and regularly stated in the work in pursuit of her mandate, that cultural diversity or values cannot be invoked to infringe upon human rights guaranteed by international law or to limit their scope and that States have a duty to protect all human rights, regardless of their historical and cultural backgrounds. 18. Cultural rights are part of the framework of universal human rights and go to the root of the human experience. They do not justify discrimination, violence or violations of other internationally guaranteed human rights. They must be understood in the light of their interdependence and indivisibility with all human rights. Although no direct mention of cultural rights is made in the Constitution, cultural rights and the rights to education, to freedom of information and expression and to leisure are mentioned in the national human rights action plan. Cultural rights can also be partly respected and protected through the full implementation of the relevant provisions of the Convention for the Safeguarding of the Intangible Cultural Heritage, which promotes access to and participation in cultural heritage. 19. Culture has also been given importance in the Te Kakeega III, which defines four precise objectives in the field: to develop a cultural policy; to establish a cultural development coordinating committee; to develop a strategic action plan and partnerships on cultural preservation and development; and to support cultural awareness-raising and the promotion of culture.6 However, the Special Rapporteur was informed that the field of culture was the sector of the sustainable development strategy receiving the lowest level of investment. In 2018, Tuvalu adopted its first national culture policy and a strategic plan covering the period 2018–2024. 7 It is aimed at safeguarding heritage, assisting in the development of arts, creativity, innovation and entrepreneurship and mainstreaming culture for community wellbeing and sustainable development. At the time of the Special Rapporteur’s visit, the Tuvalu Cultural Council Act of 1991 was considered non-operational. 20. Of significance for the implementation of cultural rights is also the Falekaupule Act. Adopted in 1997, the Act sets out the organization of the work of local government for each island, which builds on local traditional chieftainship and ancestry. Implementation of the Act is under the responsibility of the Ministry of Home Affairs and Rural Development. Each kaupule has an annual budget and is in charge of the island development plans, including cultural development. In section 40 of the Act, the falekaupule (traditional island assembly) is given the following functions that are of particular relevance for cultural rights: “to build, equip and maintain social or sporting centres, public libraries and museums, communal feeding centres, restaurants, rest houses, or buildings designed and used for public or educational purposes��� (para. 2 (i)); “to grant sums of [money] towards the establishment or maintenance of any public library or museum or to any association existing for the promotion of arts and crafts, or recreation and sport, or educational purposes generally” (para. 3 (e)); “to promote and regulate the development of an arts and crafts industry; to protect and preserve the traditional culture of the falekaupule area, and by by-laws to prohibit or control the removal from it of any antique artefact; and to establish and manage, and by by-laws to regulate, recreation grounds, open spaces and parks” (para. 12 (c)–(e)). 21. Concerning freedom of religion or belief, the preamble of the Constitution cites “Christian principles” as one of the guiding influences, but does not clarify what the principles are or how their understanding and interpretation have evolved over time. A separate act declares the Congregational Christian Church of Tuvalu as the State Church. 8 The Constitution further provides for the separation of religion and State, by providing for legal limitations on “freedom of belief” to ensure the protection of the rights of others, public order and traditional values and customs (section 23). However, in 2010, Tuvalu enacted the 6 7 8 6 Te Kakeega III, goal 4.15, p. 25. The policy was prepared on the basis of an assessment report, entitled “Tuvalu cultural mapping, planning and policy report”, prepared by Alamai Sioni and Bikenibeu Paeniu for the Secretariat of the Pacific Community, 2012. See the State Church (Declaration) Act of 1993. Available from www.paclii.org/tv/legis/ consol_act_2008/sca227/.