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 2 GE.16-11935

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