E/C.12/TGO/CO/1
26.
The Committee notes with deep concern the large number of cases that have been
brought to its attention where communities and landowners whose land has been seized in
the public interest have not been provided with compensation or relocated appropriately
(art. 11 and art. 1 para. 2).
Taking note of the statement by the delegation to the effect that the State party is
reviewing expropriation cases, the Committee calls upon the State party to resolve, as
a matter of urgency, the situation of the groups and individuals concerned by
expropriation in the public interest, for whom compensation or replacement rent have
not been paid.
Furthermore, the Committee urges the State party to align the legal provisions on
expropriation, including Decree No. 45-2016 of 1 September 1945 regulating
expropriation in the public interest, with the relevant international norms. In
particular, the Committee recommends that the right of dwellers, local communities
and landowners to prior, free and informed consent in matters that could have an
impact on their lives be protected by law. The Committee also draws the attention of
the State party to the basic principles and guidelines concerning development-based
evictions and displacements (A/HRC/4/18), which were prepared by the Special
Rapporteur on adequate housing as a component of the right to an adequate standard
of living.
27.
The Committee is concerned about the harmful environmental and social impact of
the natural resource extraction activities undertaken in the State party (art. 11 and art. 1,
para. 2).
The Committee recommends that the State party strengthen the legal framework
governing the protection of the environment and social rights in the area of mineral
exploitation in the light of the problems that have emerged as a result of these
activities. The Committee also recommends that the State party ensure that the decree
implementing Act No. 2011-008 of 3 May 2011 on the contribution of mining
companies to local and regional development establishes provisions that allow tangible
benefits for the realization of the economic, social and cultural rights of the
communities concerned.
28.
The Committee deplores the food insecurity and malnutrition that affects a large part
of the population in the State party, notwithstanding the fact that the National Agricultural
Investment and Food Security Programme has been implemented. The Committee is further
concerned by the marketing of food products that do not comply with legal standards (art.
11).
The Committee requests that the State party, through its National Agricultural
Investment and Food Security Programme and the activities of the National Food
Security Agency, ensure that: (a) the legal framework of the right to food is
strengthened; (b) the activities conducted are aimed at implementing the right to food
by including the various components of that right, namely adequacy, quality,
availability and physical and economic accessibility; and (c) the responsibilities of the
various stakeholders are clearly defined, particularly where the implementation of the
national programme is concerned. The Committee draws the State party’s attention to
its general comment No. 12 (1999) on the right to adequate food.
29.
The Committee notes with concern the difficulties that the State party faces in
upholding the right to health. The Committee notes the inadequacy of the resources
allocated to the health sector and the impact that this has on human resources and health
infrastructure, as well as the high cost of health care for households, public health problems
such as malaria and diarrhoeal diseases, and infant and maternal mortality rates (art. 12).
GE.13-44283
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