E/C.12/CRI/CO/5
5.
The Committee welcomes the State party’s ratification of or accession to the
following international instruments:
(a)
The Optional Protocol to the Convention on the Rights of the Child on a
communications procedure, on 14 January 2014;
(b)
The International Convention for the Protection of All Persons from Enforced
Disappearance, on 16 February 2012;
(c)
The Convention on the Rights of Persons with Disabilities and its Optional
Protocol, on 1 October 2008.
C.
Principal subjects of concern and recommendations
Domestic application of the Covenant
6.
While the Committee welcomes the examples provided by the State party of the
direct application of the rights set out in the Covenant, it is concerned that those examples
are limited in scope, since they relate mostly to the right to health and are confined to
decisions of the Constitutional Chamber.
7.
The Committee recommends that the State party take the necessary steps to
promote the enjoyment of all the rights recognized in the Covenant at all levels of the
judicial system. In this connection, the Committee encourages the State party to
provide training that draws on the content of the Committee’s general comments
concerning what those rights cover, publicizing the possibility of invoking the
Covenant before the courts, with a special focus on judges, lawyers, law enforcement
officials, members of the Legislative Assembly and other officials responsible for
implementation of the Covenant. It also encourages the State party to organize
awareness campaigns for rights holders. The Committee draws the State party’s
attention in particular to general comment No. 9 (1998) on the domestic application of
the Covenant and asks that it include in its next periodic report information on cases
in which Covenant rights have been invoked by the national courts.
Rights of indigenous peoples
8.
The Committee is concerned about the failure to consistently respect the right of
indigenous peoples to prior consultation with a view to obtaining their free, prior and
informed consent in respect of decision-making processes that may affect their ability to
exercise their rights, in particular their economic, social and cultural rights. The Committee
is also concerned that the bill on the autonomous development of the indigenous peoples
has not yet been passed into law and that, although the State has recognized indigenous
territories, in practice many of those territories are occupied by non-indigenous persons, a
situation which has given rise to serious conflicts (art. 1).
9.
The Committee recommends that the State party:
(a)
Ensure that indigenous peoples are regularly consulted with a view to
obtaining their free, prior and informed consent in respect of decision-making
processes that may affect their ability to exercise their economic, social and cultural
rights;
(b)
Expedite discussions in the Legislative Assembly on the bill on the
autonomous development of the indigenous peoples and set a specific time frame for
the speedy enactment of the bill;
(c)
Ensure and protect the right of indigenous peoples to own, use, develop
and control the lands, territories and natural resources that they possess, including
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