A/HRC/31/7
Nauru. Consequently, the Public Defender’s work included giving free legal advice,
drafting family applications, such as divorce petitions, providing legal representation, for
example to refugees who were charged with criminal offences, and assisting correctional
inmates applying for parole.
21.
Article 10 (3) (e) of the Constitution of the Republic of Nauru guarantees the right of
legal representation, if justice so requires. The establishment of that office strengthened this
Constitutional requirement to ensure justice was afforded to every accused person in court.
Legal representation in court had become more accessible now, and that ensured that justice
was not only done, but seen to be done.
22.
Access to justice for women and children victims had greatly improved with the
setting-up of working groups with the Domestic Violence Unit of the Nauru Police Force
and the introduction of women and family department counsellors, to ensure that cases
were brought to court and eventually to trial, and the likelihood of conviction was high.
23.
The court was deemed to be doing its own functions and this had strengthened the
rule of law with everyone being equal before the law, irrespective of their status or
standing. The rule of law had further been strengthened with the clear demarcation among
law enforcement agencies and their respective powers.
24.
The Office of the Director of Public Prosecutions had strengthened its relationship
with the police and that had been a big success for the office and one which the
Government hoped to continuously foster.
25.
Currently, the Nauru Supreme Court had three judges, rather than just one, thus
removing the limitation of only one justice making all decisions. In addition, members of
the Nauru bench had tended to cases and were also currently dealing with cases that were
constitutional and political in nature. The judiciary also held office for a female judge of the
Supreme Court and a female Resident Magistrate of the District Court.
26.
The Government of Nauru was currently embarking on a nationwide consultation
with regard to the Leadership Code Bill and what that would mean in terms of transparency
and governance generally among leaders in Nauru. It was envisaged that the Leadership
Code would bind: (a) the Head of State; (b) the Speaker of Parliament; (c) the Chief Justice;
(d) judges of the Supreme Court; (e) cabinet ministers; (f) members of parliament; (g)
heads of government departments; (h) heads of statutory bodies; (i) heads of government
commercial companies and board of directors; and (j) heads of church organizations.
27.
Finally, the Government of Nauru called on the United Nations to make the 1951
Convention relating to the Status of Refugees and its 1967 Protocol to be elevated to be a
core human rights treaty.
28.
The head of the delegation concluded by assuring the Council that the Government
of Nauru very much saw the review process as part of its national endeavours to ensure
systematic human rights work. The recommendations Nauru had received would be an
important reference point in its continued work.
B.
Interactive dialogue and responses by the State under review
29.
During the interactive dialogue, 40 delegations made statements. Recommendations
made during the dialogue are to be found in section II of the present report.
Georgia stated that substantial work must still be done in different areas, inter alia, in
international human rights standards and children’s rights. Georgia made
recommendations.30.
6
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents