A/HRC/17/3
Introduction
1.
The Working Group on the Universal Periodic Review (UPR), established in
accordance with Human Rights Council resolution 5/1 of 18 June 2007, held its tenth
session from 24 January to 4 February 2011. The review of Nauru was held at the 1st
meeting, on 24 January 2011. The delegation of Nauru was headed by Mathew Batsiua,
MP, Minister for Health, Justice and Sports. At its 5th meeting, held on 26 January 2011,
the Working Group adopted the report on Nauru.
2.
On 21 June 2010, the Human Rights Council selected the following group of
rapporteurs (troika) to facilitate the review of Nauru: Hungary, Malaysia and Switzerland.
3.
In accordance with paragraph 15 of the annex to resolution 5/1, the following
documents were issued for the review of Nauru:
(a)
A national report submitted/written presentation made in accordance with
paragraph 15 (a) (A/HRC/WG.6/10/NRU/1 and A/HRC/WG.6/10/NRU/1/Corr.1);
(b)
A compilation prepared by the Office of the High Commissioner for Human
Rights (OHCHR) in accordance with paragraph 15 (b) (A/HRC/WG.6/10/NRU/2);
(c)
A summary prepared by OHCHR in accordance with paragraph 15 (c)
(A/HRC/WG.6/10/NRU/3).
4.
A list of questions prepared in advance by the Czech Republic, Denmark, France,
Latvia, Maldives, Slovenia, Sweden and the United Kingdom of Great Britain and Northern
Ireland was transmitted to Nauru through the troika. These questions are available on the
extranet of the UPR.
I.
Summary of the proceedings of the review process
A.
Presentation by the State under review
5.
Mr. Batsiua, MP, Minister for Health, Justice and Sports introduced the Nauruan
delegation and acknowledged with gratitude the support of the Secretariat of the Pacific
Community. The delegation of Nauru stated that Nauruan people had traditionally
respected fundamental beliefs, which today were translated into international fundamental
rights and freedoms. However, Nauru, the world’s smallest independent Republic, was not
without its own issues and challenges.
6.
The Constitution of Nauru was the source of its fundamental human rights
principles. In 2004, the Government embarked upon a comprehensive review of the
Constitution, which involved a very extensive public awareness and consultation campaign.
It resulted in two draft laws, which received the unanimous support of the Parliament in
2009. The second of these Bills, upon being passed by Parliament, needed to be further
endorsed through a referendum. However, in February 2010, voters rejected the proposed
amendments, which would have significantly amended Part II of the Constitution,
containing the bill of rights provisions. It would have notably protected the rights of
disabled persons and environmental rights, prohibited the death penalty, guaranteed
children’s rights, recognized the right to receive education and health, and enshrined the
right to receive maternity leave and the right to access information.
7.
Nauru mentioned that the failure of the referendum was currently under review and
being analysed by a Standing Committee of Parliament known as the Constitutional Review
Committee. The head of the delegation stated that he thought that the rejection of the
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