E/C.12/BFA/CO/1
(f)
Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment, in 1999, and its Optional Protocol, in 2010;
(g)
in 1999;
International Covenant on Civil and Political Rights and its Optional Protocol,
(h)
International Convention on the Elimination of All Forms of Racial
Discrimination, in 1974.
4.
The Committee welcomes the establishment in both the National Assembly and the
National Transition Council of a committee for general and institutional matters and human
rights. It also notes the establishment of a ministry for human rights and of an
interministerial committee on human rights and international humanitarian law.
5.
The Committee further welcomes the adoption of legislation to strengthen the
protection of economic, social and cultural rights and to promote their realization, including:
(a)
Act No. 103-2015/CNT of 22 December 2015 on private tenancy leases in
Burkina Faso;
(b)
Act No. 60-2015/CNT of 5 September 2015 on a universal health insurance
system in Burkina Faso;
C.
(c)
Act No. 34-2009/AN of 16 June 2009 on rural land tenure;
(d)
Act No. 036-2015/CNT of 26 June 2015 on the Burkina Faso Mining Code.
Principal subjects of concern and recommendations
Justiciability of rights under the Covenant
6.
The Committee notes with concern the absence of express recognition in the
Constitution or in domestic legislation of a number of rights under the Covenant, relating to
housing, food and the promotion of national languages, among others, which reduces the
protection of those rights. The Committee regrets the lack of information on cases in which
the Covenant has been invoked before the domestic courts, even though the Constitution
recognizes that international instruments ratified by Burkina Faso take precedence over
domestic law (art. 2 (1)).
7.
The Committee recommends that the State party incorporate all the rights set
out in the Covenant into its Constitution and take the necessary measures to give
effect to the Covenant in the internal legal order. It encourages the State party to raise
awareness of the Covenant and its justiciability among judges, lawyers, public officials,
other parties responsible for law enforcement and the general public and to establish
an accessible and affordable judicial remedy. It also invites the State party to inform
members of parliament about their role in the implementation of the Covenant. In
that connection, the Committee would draw attention to its general comment No. 9
(1998) on the domestic application of the Covenant.
Independent national human rights commission
8.
The Committee welcomes the adoption by the State party in March 2016 of the
law establishing a national human rights commission and recommends that the State
party adopt the necessary measures to enable the new National Human Rights
Commission to comply fully with the Principles relating to the Status of National
Institutions for the Promotion and Protection of Human Rights (the Paris Principles).
It requests the State party to ensure that the Commission’s mandate covers all
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