A/HRC/10/84
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application of such customary law. Mexico also appreciated that, in domestic legislation, should
a law be open to more than one interpretation, preference will always be given to the
interpretation compatible with its international obligations, in particular in the field of human
rights. Mexico recommended that these features be singled out in the report on the State review
as good practices in the field of human rights. It noted that some of the major challenges facing
Tuvalu concern, inter alia, non-discrimination, children’s rights, freedom of religion, cases of
statelessness, corporal punishment and inheritance. It noted that Tuvalu has only ratified two
human rights instruments, and recommended that consideration be given as a matter of priority
to the ratification of at least the two international covenants on civil and political, and economic,
social and cultural rights, respectively. Mexico recommended that a standing invitation be
extended to human rights special procedures, and that it incorporate in its legislation, at all
levels, including in the Constitution, provisions banning discrimination on grounds of sex and
gender. Furthermore, Mexico recommended that Tuvalu reform the Penal Code to cover offences
as sexual abuse against minors and eliminate corporal punishment. It also expressed the wish that
Tuvalu ensure that the necessary resources are made available to the Ombudsman, established
under the Paris Principles in 2006, as soon as possible, so that it can begin functioning.
30.
Japan applauded Tuvalu for its efforts to protect the rights to education and access to
health care, ratification of the Convention on the Rights of the Child and the Convention on the
Elimination of All Forms of Discrimination against Women, and many international human
rights commitments, including the Beijing Platform of Action. Japan noted that Tuvalu had not
yet ratified several major human rights treaties, including the International Covenant on Civil
and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the
Convention against Torture and the International Convention on the Elimination of All Forms of
Racial Discrimination. Japan hoped that Tuvalu would ratify these treaties expeditiously and
recommended that it make good use of technical assistance from OHCHR to do so. It welcomed
the State’s submission of its initial report to the Committee on the Elimination of Discrimination
against Women and its efforts to guarantee the provisions of the governing Convention with
corresponding domestic legislation. Japan asked for more information about measures in place to
improve the human rights situation of women and eliminate existing discrimination. Regarding
human rights education, especially on educational activities to promote freedom of religion and
expression on the outer islands and capacity-building for police officers, Japan asked about
measures taken as well as what efforts were planned for the future.
31.
The Czech Republic thanked the State for its responses to advance questions, especially
concerning the institutional framework and awareness-raising programmes. On this occasion, it
recommended that Tuvalu (a) issue and implement a standing invitation to all special procedures.
With regard to the protection of the right to privacy and non-discrimination, it recommended (b)
the decriminalization of consensual same-sex activity between adults and the adoption of
measures to promote tolerance in this regard, which would also facilitate more effective
educational programmes for the prevention of HIV/AIDS. The Czech Republic recommended
that Tuvalu (c) effectively strengthen its human rights institutional framework and further
promote concrete programmes to raise awareness on human rights.
32.
Germany recognized the efforts and accomplishments made regarding the promotion of
human rights in Tuvalu. It referred to the State’s national report and the initial statement that
women’s rights are not adequately protected by domestic law. Germany referred to the mention
that discrimination on the grounds of gender is not prohibited by law but that the Government is
considering amending the Constitution. Germany recommended that Tuvalu stay firmly
committed to the issue and further discussion leading to an amendment of the Constitution to
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