E/C.12/SDN/CO/2
C.
(b)
The adoption of the Disabilities Act, in 2009;
(c)
The establishment of the National Human Rights Commission.
Principal subjects of concern and recommendations
Domestic application of the Covenant
5.
The Committee is concerned that: (a) the lack of explicit recognition of several
Covenant rights in the State party’s Constitution weakens their protection; (b) there are no
mechanisms for ensuring compliance of the laws of the constituent states with the Covenant
and therefore legal provisions that are incompatible with the Covenant are still in force in
the State party; and (c) the Convention has not been invoked by or before courts in the State
party.
6.
The Committee recommends that the State party: (a) incorporate all Covenant
rights in its Constitution; (b) undertake a comprehensive review of federal and state
laws with a view to bringing them into conformity with the Covenant; (c) put into
place a mechanism to ensure that draft laws introduced and adopted by constituent
states comply with the Covenant; (d) raise awareness of the Covenant and its
justiciability among the general public and legal professionals, including through their
training programmes; and (e) take the recommendations contained in the present
concluding observations into account in its legal reforms. The Committee refers the
State party to its general comment No. 9 (1998) on the domestic application of the
Covenant.
Access to remedies
7.
The Committee is concerned at the limited access to justice in the State party, which
deprives victims of effective remedies for violations of economic, social and cultural rights.
The Committee is also concerned at reports of harassment and intimidation of defenders of
economic, social and cultural rights, and of violent repression of actions aimed at claiming
Covenant rights. (art. 2)
8.
Recalling the obligation of the State party to provide judicial or other effective
remedies, the Committee recommends that the State party: (a) step up efforts to train
more legal professionals; (b) expand the reach of justice services and law enforcement
outside urban areas; (c) ensure that legal aid is in fact available to victims and
defendants; (d) promote access to mechanisms, including non-judicial ones, for
lodging complaints for violations of economic, social and cultural rights; and (e)
ensure that those involved in customary justice are aware of the rights covered by the
Covenant. The Committee urges the State party to condemn and punish acts of
harassment, intimidation or violence against individuals claiming their Covenant
rights and to take appropriate measures against those found responsible for such acts.
The Committee refers the State party to its general comment No. 3 (1990) on the
nature of State parties’ obligations.
National human rights institution
9.
The Committee is concerned that the National Human Rights Commission is not in
full compliance with the principles relating to the status of national institutions for the
promotion and protection of human rights (Paris Principles). The Committee is also
concerned, in the context of limited resources in the State party, at the existence of
numerous public bodies with a human rights mandate.
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