CERD/C/65/CO/3
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17. While acknowledging the efforts made by the State party to confront the scourge of
terrorism with a national counter-terrorism programme, the Committee is concerned about
the lack of information on the impact of this programme on the principle of nondiscrimination.
The Committee draws the State party's attention to its statement of 8 March
2002 in which it stressed the obligation of States to ensure that measures
taken in the struggle against terrorism did not discriminate in purpose or
effect on grounds of race, colour, descent, or national or ethnic origini and
requests the State party to include in its next periodic report further
information on its counter-terrorism programme.
18. The Committee notes with concern that, with the exception of the judges of the
Supreme Court, all the judges are appointed by the President, who also determines the
organization of the work of the courts.
The Committee recommends that the State party strengthen the
independence of the judiciary and other State organs in order to provide
everyone with effective protection and remedies against any acts of violation
of the Convention and that it include detailed information in its next periodic
report on the measures taken to that end.
19. The Committee notes the absence of court cases regarding racial discrimination in the
State party and that only two complaints of racial discrimination were brought before the
Commission on Human Rights in 2000 and 2001.
The Committee recommends that the State party ensure that the paucity of
complaints is not the result of victims’ lack of awareness of their rights or
limited financial means, or their lack of confidence in the police and the
judicial authorities, or to the authorities’ lack of attention or sensitivity to
cases of racial discrimination. The Committee urges the State party to ensure
that appropriate provisions are available in the national legislation regarding
effective protection and remedies against violation of the Convention and to
disseminate as widely as possible among the public information on the legal
remedies available.
20. While noting the existence of the Commission on Human Rights, which has a
primarily consultative function, as well as the recent nomination of an Ombudsman, the
Committee regrets the insufficiency of detailed information regarding their independence
and effectiveness.
The Committee recommends that in its next periodic report the State party
provide additional information on the role and functioning of the Commission
on Human Rights and the Ombudsman. Furthermore, the Committee
encourages the State party to consider establishing an independent national
human rights institution, in accordance with the Principles relating to the
status of national institutions for the promotion and protection of human
rights (the Paris Principles) (General Assembly resolution 48/134).