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economic, social and cultural rights and that it is allocated the human and financial
resources required for its proper functioning (art. 2 (1)).
Corruption
9.
The Committee is concerned by the fact that, despite the efforts made by the State
party in this area, corruption and illicit financial flows hinder the full enjoyment of
economic, social and cultural rights (art. 2 (1)).
10.
The Committee recommends that the State party redouble its efforts to combat
corruption, illicit financial flows and related impunity and to ensure absolute
transparency in the conduct of public affairs, both in law and in practice. The
Committee further recommends that the State party take measures to draw the
attention of politicians, members of parliament and national and local officials to the
economic and social costs of corruption and that of judges, prosecutors and members
of law-enforcement agencies to the importance of the strict application of the law.
Non-discrimination
11.
The Committee is concerned at the absence of a general law against discrimination
covering all the rights under the Covenant and at the absence of effective measures,
legislative or otherwise, to combat discrimination. It notes with concern the disparities that
exist between rural and urban areas in the enjoyment of economic, social and cultural rights,
which affect most significantly the most marginalized and vulnerable individuals and
groups (art. 2 (2)).
12.
The Committee recommends that the State party adopt and implement a
comprehensive general law against discrimination that will apply to all grounds of
discrimination provided for under article 2 of the Covenant and prohibit any form of
direct or indirect discrimination. Such a law should also authorize the implementation
of temporary special measures to benefit disadvantaged or marginalized groups,
including minority groups such as the Silanko, Mossi and Fulani, indigenous peoples
such as the Tuareg, Mbororo and Wodaabe, persons with albinism and persons
suffering from a disability. It recommends that the State party take all necessary
measures to address the regional disparities that prevent the whole population from
enjoying economic, social and cultural rights on an equal footing. In that connection,
the Committee invites the State party to refer to its general comment No. 20 (2009) on
non-discrimination in economic, social and cultural rights.
Resources
13.
The Committee is alarmed by the harmful effect on the rights of rural communities,
small farmers and agropastoralists of the activities of businesses that exploit the natural
resources of their territories. It is extremely concerned at reports that these activities have a
serious impact on the human rights of these communities, such as the right to health,
environment, education, housing and water, particularly in the Essakane community, where,
by failing to build a school or to provide water for market gardens, the mining company
concerned has not fully complied with its commitment to compensate displaced populations.
14.
The Committee recommends that the State party take the necessary measures
to improve the implementation of the Environmental and Social Management Plan in
order to ensure that no land is transferred to investors or used for economic
development projects before a full evaluation of the impact on the economic, social
and cultural rights of the peoples that depend on the land for their subsistence has
been conducted and their free, prior and informed consent has been obtained. In that
connection, the Committee recommends that the State party ensure that the Mining
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