A/HRC/10/84
Page 13
that Tuvalu continue its actions in promoting and protecting human rights effectively on the
ground and achieving the goals set up in the national strategy for sustainable development.
50.
Canada recognized that Tuvalu faced many development challenges and capacity
constraints, and noted that the national report showed laudable transparency in recognizing the
issues faced in the field of human rights. Canada stated that a recent United Nations
Development Assistance Framework report highlighted the State’s recent focus on the
devolution of authority to traditional local government bodies, in an effort to further the
development of the outer islands. The report also indicated that, on the outer islands, in
particular, traditional and customary practices sometimes result in discriminatory practices
against women and religious discrimination. Canada was encouraged by the State’s submission
for the review, which recognized that, in the face of these challenges, there is a need to support
individual freedoms of belief and expression. Tuvalu had also recognized in its report submitted
to the Committee on the Elimination of Discrimination against Women that certain areas of its
domestic law must be brought into compliance with the Convention on the Elimination of All
Forms of Discrimination against Women, in particular in areas of land and family law, which
Canada considered also a significant step. Canada recommended that Tuvalu (a) continue to
combat discriminatory societal behaviours, including by working at reforming domestic laws, in
particular land and family laws, which require amendments in order for Tuvalu to be in
compliance with the Convention on the Elimination of Discrimination against Women. Canada
noted that, to date, Tuvalu has failed to convene its Court of Appeal, although a notice to that
regard was filed with the trial court in relation to a High Court ruling in 2005 on the banning of a
religious group on an outer island. Recourse to appeal is rooted in the general principle of law
establishing the right to invoke judicial action, and it is provided for in the 1986 Constitution.
Canada also recommended that Tuvalu (b) convene the Court of Appeal in the interest of
addressing the pending appeal to the High Court of 2005 ruling on the case of Teonea v.
Kaupule; and(c) ratify core international human rights instruments, in particular the International
Covenant on Civil and Political Rights and the International Covenant on Economic, Social and
Cultural Rights.
51.
China expressed appreciation for the State’s efforts and achievements in recent years in
the field of human rights. It asked how climate change affects the human rights situation in
Tuvalu, and the efforts made and difficulties encountered.
52.
Morocco noted that the State’s voluntary commitments demonstrate its dedication to
ensuring fundamental rights and freedoms. It noted, however, that despite the manifested will
and the tremendous efforts made, the promotion and protection of human rights and fundamental
freedoms is still dependant on the availability of financial, human and technical resources.
Despite these constraints, Tuvalu continued to focus on harmonizing its national legislation with
international human rights instruments and to setting up institutional structures to ensure the full
enjoyment of these rights as well as human, social and economic development. Morocco
recommended that Tuvalu persevere along its path and ask the international community to
provide all the technical and financial support needed by Tuvalu during this process, particularly
for the setting up of national human rights institution in conformity with the Paris Principles; for
the continuation of efforts to harmonize national legislation with international human rights
instruments; for awareness-raising and the dissemination of human rights principles among the
population at large; and for human rights training for officers responsible for law enforcement in
Tuvalu.
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