A/HRC/61/49/Add.2 26. The first challenges come from the country’s formal governance apparatus. The governmental structure and the Constitution established a union of autonomous states, which should facilitate democratic and participatory decision-making. However, efficient subsidiarity needs clear communication about the international obligations undertaken by the country and accountability for the decisions taken. The federal government level cannot deliver on its national coordination responsibilities and international law obligations to respect, protect and implement human rights without consistent two-way communication on these matters. The Special Rapporteur was sometimes under the impression that respect for each level’s role was justifying a resistance to engage with one another constructively, while both the federal and state levels pointed to the other levels’ responsibilities when requested to adopt positive measures. When accountability for human rights is not clear, there is a risk of a protection gap for vulnerable and marginalized people. The federal authorities cannot ignore or remain uninformed about the implementation of international obligations in each state. The Federal Government must strengthen its understanding of the principle of subsidiarity and establish clear information and reporting lines, so that each governance level can assume its share of the responsibility in delivering real results to Micronesians. Adopting a federal action plan for cultural rights would greatly facilitate the coordinated realization of the obligations of the Federated States of Micronesia. 27. The second challenge come from the interaction with the traditional systems, which the governmental apparatus has not completely superseded. Chiefs and traditional leaders, including religious ones, still play an important role and command respect. Even if their powers have changed, governmental authorities do not feel entitled to tell them what to do. In some places, such as Pohnpei, traditional chiefs and elected governmental officials are considered as equal levels of authority, with no obligations towards one another. When matters of human rights and abuse of power arise, human rights obligations are clear and supersede any tradition. 28. Challenges arise where the traditional and institutional systems of governance have overlapping authorities. In article V, section 1, of the Federal Constitution, it is affirmed that traditional leaders retain their recognized roles and functions and can – but do not have to – be assigned formal and functional roles at any government level, leaving their role unresolved. State constitutions may assign active roles to traditional leaders (sect. 3 of the Federal Constitution). Considering once more the diversity of traditional structures and their importance across Micronesian islands and states, their role will necessarily be different in each state. In the Yapese State Constitution, the councils of chiefs hold veto power over legislation affecting traditional activities or customs (a legislative role) and will often be called to mediate customary disputes informally (a judicial role). In theory, the court should maintain the final authority, however, in practice, custom and tradition sometimes overrides judicial processes. No role for traditional leadership is outlined as part of the Chuuk, Kosrae and Pohnpei State structures. 29. The Special Rapporteur recommends that much greater efforts be dedicated to recognizing the strengths and weaknesses of both governance systems and to articulating their complementarity. For example, the judicial system of state and federal courts is sometimes perceived as institutionalizing revenge, rather than establishing compensation and reconciliation for offences. Accordingly, when police are not involved, some would prefer that the traditional mediation processes and customary apology seeking forgiveness be applied first, with the court system coming as complement when these processes fail to restore justice and harmony. Such a solution is already used in the application of the states’ Family Protection Acts, where customary apologies can be factored in, while legal cases continue and provide further guarantees of non-recurrence. In most cases, traditional settlement processes do not prevent the use of the law. Conversely, when traditional leaders erode their legitimacy by failing to defend all members of their communities or to redistribute the donations and money that they receive to their people, governmental measures must restore fairness and protection. 30. A third set of challenges arise from the country’s transition from a Trust Territory to a full independent State. With independence, the Indigenous Peoples in the Federated States of Micronesia have become the formal governmental decision makers, in charge of establishing the governance structure, of guaranteeing the implementation of human rights 6 GE.26-01464