E/C.12/BDI/CO/1
4.
The Committee notes with satisfaction the adoption of Act No . 1/04 of 5 January
2011, which provided for the creation of the Independent National Human Rights
Commission, and the measures taken to further the realization of economic, social and
cultural rights in the State party, such as the national human rights p olicy adopted in
2012 and the strategic frameworks for poverty reduction.
C.
Principal subjects of concern and recommendations
Applicability of the Covenant
5.
The Committee finds it regrettable that, despite the constitutional standing of the
Covenant, its provisions have never been invoked before or applied by national courts.
6.
The Committee recommends that the State party ensure the direct
applicability of the Covenant by promoting among judges, attorneys, public
officials and other officials responsible for application of the Covenant, as well as
among rights holders, an awareness of the content of the Covenant and of the
possibility of invoking it in the justice system. The Committee invites the State
party to inform legislators of their role in implementing the Covenant. Recalling
its general comment No. 9 (1998) on the domestic application of the Covenant, the
Committee requests the State party to include in its next periodic report
information on decisions taken by domestic jurisdictions and administrative
authorities that give effect to the rights enshrined in the Covenant.
Independence of the judiciary
7.
The Committee is concerned that the security of judges ’ tenure is not adequately
guaranteed, and that could seriously undermine their independence (art. 2, para. 1).
8.
The Committee recommends that the State party take appropriate steps to
ensure that judges are selected and appointed in an open and transparent manner
based on the candidates’ integrity and competences and that it strengthen
guarantees of their independence.
Independent National Human Rights Commission
9.
The Committee is concerned by the allegations made in connection with the
nomination and reappointment of some members of the Independent National Human
Rights Commission, as well as by the scant physical and financial resources made
available to the Commission and by the failure to implement the Commission ’s
recommendations in the areas covered by the Covenant (art. 2, para. 1).
10. The Committee recommends that the State party take the necessary steps to
ensure that the procedure for the nomination and reappointment of members of
the Independent National Human Rights Commission is properly observed and
conducted in an open and transparent manner. The Committee further
recommends that the State party endow the Commission with adequate human
and financial resources to enable it to fully discharge its mandate in conformity
with the Paris Principles and that it give consideration to following up on the
Commission’s recommendations.
Corruption
11. The Committee is concerned that, despite the efforts deployed, corruption
continues to be widespread in the State party at all levels and is an obstacle to the
enjoyment of economic, social and cultural rights (art. 2, para. 1).
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