A/HRC/17/3
referendum amendments likely had more to do with the complexity and number of
amendments than with any concern on the part of Nauruans with the proposed changes.
Nauru was committed to exploring alternative approaches which might yet see a successful
referendum.
8.
In the meantime, Nauru was pushing forward with those constitutional amendments
which did not require approval through a referendum. The relevant Bill was tabled in
Parliament in December 2010. It was hoped that it would enter into force at the time of the
next general elections. In their current form, the amendments introduce the concept of a
leadership code and create the office of Ombudsman. The powers of the President and
Cabinet during times of emergency would be tightened.
9.
The delegation stated that the State of Emergency, declared in June 2010, was lifted
on 1 November 2010. Nauru looked forward to a period of stability in the remaining two
years and the 2011 legislative agenda would aim to address the need for major reform in
several sectors. This included the progress of the review of the Nauruan Criminal Code,
much of which has remained unchanged since 1899. With the assistance of the Government
of Australia, this major project was expected to take three years and to introduce significant
changes in how Nauru addressed sexual offences and those arising from domestic violence.
The decriminalization of homosexual activity between consenting adults was under active
consideration as part of this review.
10.
Nauru was conscious that human rights concerns were not resolved by laws alone
and that it had to address the social, economic and political impediments to effective
enjoyment of civil rights. The country size created significant financial and capacity
constraints in the Government’s efforts to meet these objectives.
11.
Since the submission of its national report, Nauru had been able to fill the position
of Chief Justice and to appoint a second Supreme Court Judge although there was still a
concern about the lack of affordable legal services available to the public. Free legal
assistance was available for those charged with criminal offences only, through the creation
of the position of Public Defender.
12.
With the aid of development assistance, particularly from New Zealand, Nauru was
endeavouring to address the issue of capacity in the legal sector.
13.
Nauru’s economy was gradually recovering as a result of major economic and
governance reforms, but remained heavily reliant on foreign aid. Nauru had been seeking to
promote greater sustainability, but this was difficult due to the environmental devastation
caused by mining and the lack of arable land. Nauru continued to nurture the private sector
as a means of promoting development and economic growth. However, Nauru did not have
a regular commercial bank available for its citizens which had been an elusive goal for
successive Nauru Governments. Notwithstanding the challenges it faced, Nauru had
notably established the Nauru Entrepreneurship Development Centre, which provided
training and skills development in the establishment and operation of small business.
14.
In 2005, Nauru finalized its National Sustainable Development Strategy (NSDS), a
25-year strategic plan, which was reviewed and revised in 2009. The theme was
“Partnership for a better quality of life”, recognizing that this was a shared responsibility of
Government, civil society and the private sector. Broad consultations were held to ensure
the NSDS would reflect the priorities of the people of Nauru.
15.
One of the NSDS priorities was to achieve “a stable, trustworthy, fiscally
responsible government with transparent and accountable parliamentarians, cabinet and
public service”. This goal will require essential governance, policy and institutional
reforms.
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