GE.09-46892 B. Positive aspects 4. The Committee welcomes the ratification of the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, the Convention on the Rights of the Child and its two optional protocols. It also welcomes the ratification of International Labour Organization (ILO) Conventions No. 87 (1948) on Freedom of Association and Protection of the Right to Organise; No. 105 (1957) on the Abolition of Forced Labour; No. 111 (1958) on Discrimination in Respect of Employment and Occupation; No. 138 (1973) on the Minimum Age for Admission to Employment; No. 182 (1999) on the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour; and No. 135 (1971) on Protection and Facilities to be Afforded to Workers' Representatives in the Undertaking. 5. The Committee welcomes the promulgation of a new Constitution on 18 February 2006 which incorporates a wide range of human rights, including a number of economic, social and cultural rights. The Committee also welcomes the important legislation enacted by the State party, namely: - The Child Protection Code in January 2009; - The Law on Protection of Rights of People Living with HIV/AIDS in July 2008; - Law No. 6/020 of 10 October 2006 and Law No. 08/013 of 5 August 2008 on the organization and functioning of the High Judicial Council; - Law No. 015/2002 of 16 October 2002 on the Labour Code; - Law No. 007/2002 on the mining code. C. Factors and difficulties impeding the implementation of the Covenant 6. The Committee acknowledges the persistent instability and recurrent armed conflicts in some of the provinces in the State party, which pose great challenges to the ability of the State to fulfil its obligations under the Covenant. The Committee considers, however, that impunity for human rights violations and the illegal exploitation of the country’s natural resources, including by foreign companies, constitute major obstacles to the enjoyment of economic, social and cultural rights in the State party. The Committee reiterates the primary responsibility of the State party for ensuring security in its territory and protecting its civilians with respect to the rule of law, human rights and international humanitarian law. D. Principal subjects of concernand recommendations 7. The Committee regrets that the report of the State party and its written replies to the list of issues transmitted to it do not contain detailed factual information or statistics that would enable it to assess how far the rights set out in the Covenant are respected in the

Select target paragraph3