State party. The
Committee considers such data to be essential for monitoring implementation of the Covenant.
The Committee urges the State party to provide more concrete information in its next periodic report on the practical
application of the Covenant, including through disaggregated data and relevant statistics, regarding the implementation
of its laws and administrative provisions in the various fields covered by the Covenant.
8. The Committee is concerned that in spite of the fact that international treaties supersede domestic legislation and that several rights
enshrined in the Covenant were incorporated into the 2006 Constitution, domestic legislation which is contrary to the Covenant and
to the new constitution have not been abrogated and laws giving effect to the provisions of the Covenant are hardly implemented. The
Committee is also concerned that the State party has not given full effect to the provisions of the Covenant in the domestic legal
order, especially by providing for judicial and other remedies for violations of economic, social and cultural rights.
The Committee urges the State party to ensure conformity of domestic legislation with the Covenant and to formally
abrogate all legislation contrary to its provisions. In light of its general comment No. 9 (1998) on the domestic application
of the Covenant, the Committee also urges the State party to take immediate steps, including legislative measures, to
create and ensure effective domestic remedies for all economic, social and cultural rights and to include in its next
periodic report precise information on judicial decisions which give effect to Covenant rights.
9. The Committee regrets that the creation of a national human rights commission which would take into account the Paris Principles
relating to the status of national institutions was not established by the new Constitution of 18 February 2006.
The Committee calls upon the State party to speed up the process of establishment of a national human rights
commission and ensure that it conforms to the Paris Principles and is provided with adequate financial and human
resources. In light of its general comment No. 10 (1998) on the role of national human rights institutions in the protection
of economic social and cultural rights, the Committee urges the State party to ensure that the mandate of the national
human rights commission fully covers economic, social and cultural rights and that it is empowered to receive individual
complaints and conduct investigations. The State party is invited to include details of both the mandate and the principal
relevant activities of the national human Rights commission in its next periodic next report.
10. The Committee expresses deep concern at the state of the justice system, characterized by a severe shortage of judges, lack of
adequate resources, political and military interference and high levels of corruption. The Committee is also concerned that in spite of
the recent adoption of the Plan of Action for Justice Reform, unless budget allocations to the justice sector, currently receiving only 1
per cent of the State budget, are significantly increased, the reform will fallshort. The Committee is further concerned that the High
Judicial Council has not been provided with the necessary resources for its effective functioning and that nominations and dismissal of
magistrates continue to be decided in violation of the magistrate’s statute.
The Committee urges the State party to strengthen its efforts to build an independent, efficient, adequately resourced
and accountable justice system. The Committee calls upon the State party to exercise greater political will in fighting
impunity by allocating the necessary resources for a prompt and full implementation of the recently adopted Plan of
Action for Justice Reform and for the proper functioning of the High Judicial Council. The State party should also
urgently create a school for magistrates and promulgate a code of conduct for magistrates. The Committee further calls
upon the State party to respect fully the authority of the High Judicial Council regarding the nomination and dismissal of
magistrates.
11. The Committee notes with concern that corruption remains endemic in the State party, and that the only State institution in charge
of combating corruption, the Professional Ethic Code Observatory (Observatoire du code de l’éthique professionelle) lacks
resources, independence and credibility. The Committee also regrets that the tripartite agreement signed in February 2008 with South
Africa and the United Nations Office on Drugs and Crime (UNODC) to fight corruption has not yet been implemented.