A/HRC/61/49/Add.2 measures necessary. The Special Rapporteur was informed that the ratified instruments were being implemented, but that progress was slow. Measures have been taken for the implementation of the Convention on the Rights of Persons with Disabilities; the Convention for the Elimination of All Forms of Discrimination against Women, especially family violence laws protecting women in three States; and the Convention on the Rights of the Child, which can be cited directly in courts. More resources need to be dedicated to the implementation of these treaties as a matter of urgency. 13. At the time of the visit, the Federated States of Micronesia was submitting their national report for the fourth cycle of the universal periodic review in October 2025, for review in January 2026. At the national level, an interministerial task force on human rights was created to prepare this review. The Special Rapporteur hopes that her visit will foster a wider consideration of cultural rights in this context. B. Constitutional and legislative framework 14. The Constitution of the Federated States of Micronesia guarantees fundamental human rights and establishes a separation of powers. The right to education is recognized in article IV of the Constitution and title 40 of the Code of the Federated States of Micronesia Code (National Code). The freedom of expression and association, union rights and personal autonomy are also protected by the Constitution and generally respected. These are important rights for the exercise of cultural rights. 15. Protection against discrimination based on race, sex, sexual orientation, language or religion is inscribed in chapter 1, section 107, of the National Code, and applies to all areas of public life. The prohibition of discrimination on the basis of sex, race, ancestry, national origins, language or social status is reinforced under article IV, section 4. However, no laws address discrimination based on age, citizenship, political opinion or health status. The Special Rapporteur encourages the Government to broaden the scope of anti-discrimination protection, to be consistent with international standards and to strengthen the mechanisms and penalties for violations. 16. According to the Constitution, “the traditions of the people of the Federated States of Micronesia may be protected by statute. If challenged as violative of Article IV, protection of Micronesian tradition shall be considered a compelling social purpose warranting such governmental action” (art. V, sect. 2). Under title 26 of the National Code, the Institute for Micronesian History and Culture is established and its powers (chap. 2, sects. 201–203), historic preservation procedures (chap. 3, sects. 301–305) and the obligations to protect artefacts against unauthorized transportation, defacement and destruction (chap. 4, sects. 401 and 402) are defined. In each state, the statute may provide further precisions about the roles and obligations regarding cultural and historic preservation. 17. The Government recognizes the diverse ethnic groups as a cornerstone of national identity, reflecting the cultural and linguistic mosaic of the Micronesian heritage (preamble of the Constitution). This approach has facilitated the cultural autonomy of each state, centring the main ethnic groups while fostering national cohesion. The Constitution provides a legal basis for state-level efforts to implement cultural rights, but it does not mandate specific programmes. State autonomy over cultural and linguistic matters leads to more locally suited approaches, but also more disparities in operationalizing cultural rights. 18. State laws concerning heritage protection are generic, covering the identification, protection and preservation of Indigenous and non-Indigenous sites and traditions on land and under water. Only Chuuk State has a specific law for the protection of underwater heritage, which applies only to the submerged Japanese Second World War sites and is administered by the Department of Marine Resources not the Heritage Protection Office. 19. At the time of the visit, the country’s new strategic development plan 2024–2043 was still under discussion. In the previous strategic development plan 2004–2024, culture was a cross-cutting area of priority and the purpose of education was defined as preserving the heritage of the past and respecting the diversity of cultures. The Special Rapporteur hopes that her visit may contribute to clarifying how the obligations towards cultural rights can be 4 GE.26-01464

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