E/C.12/NAM/CO/1
(b)
Adopt comprehensive anti-discrimination legislation that prohibits both
direct and indirect discrimination and provides for the possibility of temporary
special measures and remedies for victims;
(c)
Abrogate all discriminatory legal provisions and, in that regard,
decriminalize sexual relations between consenting individuals of the same sex.
23.
The Committee draws the attention of the State party to its general comment
No. 20 (2009) on non-discrimination in economic, social and cultural rights.
Inequalities
24.
The Committee expresses concern at the persistent inequalities in the State party, an
upper middle-income country with 15.8 per cent of the population still living in extreme
poverty in 2010, in spite of an overall decline in poverty incidence and the implementation
of successive national development plans. The Committee is also concerned that the State
party’s economic and fiscal policies have not significantly reduced the existing inequalities
(arts. 2 (1), 2 (2) and 11).
25.
The Committee recommends that the State party:
(a)
Put into place in the short term, independently of the planned expansion
of the social protection systems, a basic income grant for those living in extreme
poverty, building on the positive experience of the old age pension, which has become
the primary income for a number of disadvantaged households;
(b)
Include specific targets for the enjoyment of rights by the most
disadvantaged and marginalized groups among those targets to be monitored as part
of the National Development Plan, in addition to aggregate national objectives;
(c)
Implement a more redistributive fiscal policy and regularly assess its
impact on combating inequalities.
26.
The Committee draws the attention of the State party to chapter IV on national
implementation of its general comment No. 20 (2009).
Equality between men and women
27.
The Committee notes with concern that discriminatory practices that have been
outlawed under the civil law, such as those relating to inheritance, still occur, in spite of the
State party’s established hierarchy of civil law taking precedence over customary law.
28.
The Committee recommends that the State party raise awareness of women’s
rights as protected by civil law and awareness that certain practices under the
customary law contradict human rights. The Committee refers the State party to its
general comment No. 16 (2005) on the equal right of men and women to the enjoyment
of all economic, social and cultural rights.
Unemployment
29.
The Committee notes with concern the persistently high unemployment, especially
among the youth and women, and the large informal economy in the State party, in spite of
stable economic growth (art. 6).
30.
The Committee recommends that the State party:
(a)
Place the realization of the right to decent work at the heart of such
policies as the national employment policy and the industrial policy;
(b)
Prioritize investments in sectors that are labour intensive;
5