Effectively remove all obstacles to the enjoyment of traditional individual and communal rights by ethnic minorities in
their ancestral lands and take effective measures to guarantee land tenure rights without discrimination so as to ensure
access to land and adequate housing for all;
Ensure that forced evictions are used only as a measure of last resort and that persons forcibly evicted are provided with
adequate compensation and/or relocation, bearing in mind the Committee’s general comments No. 4 (1991) on the right
to adequate housing and No. 7 (1997) on the right to adequate housing: forced evictions;
Adopt a human rights-based approach in its development projects, as well as establish participatory mechanisms in order
to ensure that no decision is made that may affect access to resources without consulting the individuals and
communities concerned, with a view to seeking their free, prior and informed consent.
Enabling environment for civil society
The Committee expresses concern at reports of enforced disappearances and killings of land-rights and environmental activists, and
of perpetrators often going unpunished.
The Committee urges the State party to adopt all the measures necessary to protect human rights activists, including
those working to defend economic, social and cultural rights, from any and all acts of intimidation, harassment and
killings and to ensure that perpetrators of such acts are brought to justice.
Transnational corporations and other business enterprises
The Committee is concerned at the lack of a regulatory framework to ensure that companies that are incorporated or have their main
offices under the State party’s jurisdiction fully respect economic, social and cultural rights when acting abroad (art. 2 (1)).
The Committee recommends that the State party establish a clear regulatory framework with a view to ensuring that
companies incorporated or with their main offices under the State party’s jurisdiction are legally accountable regarding
violations of economic, social and cultural rights in their projects abroad, in particular in cross-border development
projects. The State party should also take into account its obligations under the Covenant when negotiating international
agreements. The Committee draws the attention of the State party to its statement on the obligations of State parties
regarding the corporate sector and economic, social and cultural rights (see E/2012/22–E/C.12/2011/3, annex VI, sect.
A).
Non-discrimination
The Committee is concerned that there is no comprehensive anti-discrimination legislation in the State party (art. 2).
Taking into account its general comment No. 20 (2009) on non-discrimination and economic, social and cultural rights,
the Committee recommends that the State party adopt a comprehensive anti-discrimination law that includes all the
grounds for discrimination set out in article 2 of the Covenant. In the light of the ongoing constitutional reform, the
Committee also recommends that the State party ensure the protection of all rights enshrined in the Covenant in its new
Constitution, and guarantee their enjoyment without discrimination. The State party should further guarantee that the
enjoyment of rights already acquired under the 2007 Constitution is not subject to any retrogressive measures.
Stateless persons
The Committee notes the efforts of the State party to reduce statelessness, including amendments to the Nationality Act and the Civil
Registration Act that establish universal birth registration. It is concerned, however, that a large number of persons, particularly
members of ethnic groups, migrants, refugees and asylum seekers, remain stateless, which consequently leads to a denial of their
economic, social and cultural rights. The Committee is also concerned that a large number of births are not registered in practice and
that gaps remain in the Nationality Act, including with regard to the right to nationality for children found abandoned (arts. 2, 9–10
and 12–14).
The Committee recommends that the State party continue strengthening its measures to facilitate the naturalization and
integration of stateless persons, including by addressing remaining gaps in the Nationality Act, as well as to ensure the
enjoyment of their economic, social and cultural rights. It also recommends that the State party consider acceding to the
1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness.
Asylum seekers and refugees
While expressing appreciation of the State party’s continued commitment to hosting a large number of refugees and migrants from
neighbouring countries and its continued cooperation with the Office of the United Nations High Commissioner for Refugees, the
Committee is concerned at the absence of an overall legal framework protecting the rights of asylum seekers and refugees and at the
lack of a formal national refugee status determination procedure, which hinder the full enjoyment of their economic, social and cultural
rights (art. 2).
The Committee urges the State party to adapt its legal framework with a view to ensuring due protection of asylum
seekers and refugees in line with its international obligations and the full enjoyment of their economic, social and cultural
rights. The Committee encourages the State party to re-examine its position with regard to the 1951 Convention relating
to the Status of Refugees and the 1967 Protocol thereto and continue its cooperation with the Office of the United