E/C.12/NPL/CO/3
concerned at the lack of information on redress provided by the State party to victims
(art. 2.1).
The Committee urges the State party to:
(a)
Intensify its efforts to combat corruption and reinforce good governance,
by ensuring that public affairs, in law and in practice, are conducted in a transparent
and accountable manner;
(b)
Carry out awareness-raising campaigns on the economic and social costs
of corruption among politicians, members of parliament, national and local
government officials and the population in general, including in rural areas;
(c)
Further sensitize and train judges, prosecutors and the police on the
need for strict enforcement of its anti-corruption legislation;
(d)
Protect from any reprisals, those who report acts of corruption.
National Human Rights Commission
8.
The Committee is concerned that the National Human Rights Commission Act of
2012 contains restrictions and limitations to the independence, mandate and powers of the
National Human Rights Commission. The Committee is also concerned at the lack of
financial independence of the Commission and of the power to recruit its own staff. The
Committee is further concerned that the State party has not yet implemented the decision of
the Supreme Court of 6 March 2013, in which it declared some provisions of the Act of
2012 null and void (art. 2).
The Committee recommends that the State party amend the National Human Rights
Commission Act of 2012 to guarantee the independence, mandate and powers of the
Commission, as well as the financial autonomy necessary for its functioning, in
compliance with the decision of the Supreme Court of 6 March 2013 and the Paris
Principles.
Rights of indigenous peoples
9.
Notwithstanding the progress made by the State party in recognizing indigenous
peoples, the Committee notes that the process of consideration of the claims for recognition
by some indigenous peoples has not yet been completed. The Committee is also concerned
at information that indigenous peoples have been deprived of their traditionally owned
lands, territories and resources due to development projects carried out by the State party
without seeking their free, prior and informed consent. The Committee is further concerned
that, although the State party has ratified International Labour Organization (ILO)
Convention No. 169 (1989) concerning indigenous and tribal peoples in independent
countries, there is no legal provision that recognizes community ownership of lands by
indigenous peoples (art. 1).
The Committee recommends that the State party:
(a)
Complete, as soon as possible, the process of recognition of indigenous
peoples whose claims are under consideration;
(b)
Ensure that indigenous peoples are represented through their own
chosen representatives in the work of the Constituent Assembly and in the decisionmaking process on all issues that affect them;
(c)
Guarantee the right of indigenous peoples to own, use and develop their
ancestral lands, territories and resources, so as to enable them to fully enjoy their
economic, social and cultural rights;
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