E/C.12/GAB/CO/1
(a)
Order No. 0023/PR/2007 of 21 August 2007 establishing a family allowance
scheme for Gabonese of limited means;
(b)
Decree No. 0003/PR/MTEFP of 8 January 2002 on combating child labour;
(c)
Decree No. 000152/PR/MNASBE of 4 February 2002 defining the role,
organization and functioning of the National Centre for the Integration of Persons with
Disabilities;
(d)
Decree No. 000024/PR/MTE of 6 January 2006 establishing the conditions
for checks, investigations and searches to combat trafficking in children in Gabon;
(e)
Decree No. 000873/PR/MFPEPF of 17 November 2006 on the establishment,
role and functioning of a National Observatory for Children’s Rights;
(f)
The decision adopted in 2011 to issue birth certificates, and birth rulings in
lieu of certificates in the case of late registration, free of charge for all children born in
Gabon.
C.
Principal areas of concern and recommendations
6.
The Committee regrets the absence of any specific regulatory or legislative
framework that would make it possible to systematize practice in implementing the right to
prior informed consultation of indigenous peoples in decision-making processes concerning
the exploitation of natural resources in traditional territories (art. 1).
The Committee recommends that the State party ensure the effective and systematic
application of the principle of prior consultation in discussions with indigenous
peoples, providing the time and space necessary for reflection and decision-making,
and allowing free expression, as well as respecting their consent to the realization of a
project.
7.
The Committee regrets that, despite their constitutional status, the Covenant and its
provisions have never been invoked by the courts of the State party. The Committee also
regrets that the possibilities for securing an effective remedy in the event of violations of
economic, social and cultural rights are limited in the State party owing to the prohibitive
cost of court proceedings and the lack of awareness of the Covenant and the remedies
available (art. 2, para. 1).
The Committee recommends that the State party take appropriate steps to give effect
to the Covenant in the domestic legal order, to bring domestic law generally into line
with the Covenant, and to raise the awareness of the general public and members of
the judiciary of economic, social and cultural rights and the justiciability of those
rights. Accordingly, the Committee urges the State party to introduce an accessible
and affordable judicial remedy. The Committee draws the attention of the State party
to its general comment No. 9 (1998) concerning the domestic application of the
Covenant.
8.
The Committee regrets the absence of reliable statistics that would allow for an
accurate assessment of the fulfilment of economic, social and cultural rights in the State
party (art. 2, para. 1).
The Committee urges the State party to encourage data collection and the production
and use of statistics for human rights indicators, including for economic, social and
cultural rights. In this respect, the Committee refers the State party to the conceptual
and methodological framework for human rights indicators developed by the Office of
the United Nations High Commissioner for Human Rights (HRI/MC/2008/3). The
Committee requests that the State party include in its next periodic report statistical
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