A/HRC/10/84
Page 15
and willingness to participate in the Council’s planned consideration of climate change and
human rights in March 2009. The Head of Delegation stated that time was running out for the
international community and there is a role for the universal periodic review process to advise
the Council and the United Nations on the problem of climate change. He agreed with small
island countries advocating for and encouraging proper dialogue, and added that Tuvalu is being
constantly forced to take up the option of resettling its people on other countries. He stated that
to relocate the people with all their cultural and fundamental human rights would be selfdefeating for the international community, and believed that it would be unfortunate if the
Council took the view that this was an option.
63.
The Attorney-General of Tuvalu answered questions on access to justice and the High
Court and the Court of Appeal, which is being looked into by the Government, including in the
context of the ongoing process of reviewing the laws to improve them, a project which is
supported by Australia and the United Kingdom. The High Court is located in the capital
because of the limited resources in the country and the fact that it is the only place with access to
the Internet and legal materials. Nevertheless, the Government provides the office of the peoples’
lawyer with funding every year for those who wish to obtain legal advice or representation free
of charge. The office is provided with a budget for all islands, depending on the number of calls
and requests for assistance, including in preparing cases to the High Court.
64.
The Attorney-General explained that the Court of Appeal was established by law
following independence, but that no one had appealed its decision prior to 2005. The first appeal
case from 2006 is still pending and is a source of tension between traditional matters and
freedom of religion as a right laid down in the Constitution. The main problem is financial
resources, and the Government has sent out a request for assistance and is seeking judges from
around the globe. She stated that Tuvalu has provided some funding to the Office of the
Judiciary to launch the judicial work and that Tuvalu would welcome any assistance for the
Court of Appeal to sit urgently in Tuvalu.
65.
The Head of Delegation referred to questions on the establishment of a national
commission on human rights and a human rights office and stated that the Government is
conscious of the need to set up such mechanisms. Tuvalu is trying to find ways to implement
this commitment realistically and without constraining other priorities. One proposal being
considered is for the pooling of resources from small island States in the Pacific to a regional
human rights facilitating institution overseen by the Secretariat of the Pacific Community and the
Pacific Islands Forum. Through such an institution, assistance could be provided to launch
human rights actions in small island countries like Tuvalu and support the pursuance and
implementation of human rights actions, including acceding to relevant conventions on human
rights. Tuvalu considered this a very practical approach and pursues dialogue with the Secretariat
of the Pacific Community and the Pacific Islands Forum on the possibilities.
66.
In closing, Tuvalu referred to the many pertinent issues raised, and thanked all
delegations of the Working Group for their comments and the offers for assistance. The Head of
Delegation also expressed appreciation in particular to the regional bodies that had assisted
Tuvalu, and noted that the universal periodic review was a process which should lead not only to
a periodic report but also to improving the actual human rights situation on the ground.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents