E/C.12/MUS/CO/4 (b) Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict (2009); (c) Convention on the Rights of Persons with Disabilities (2010); (d) International Labour Organization (ILO) Convention No. 182 (1999) on the Worst Forms of Child Labour (2000); (e) Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (2005). C. Factors and difficulties impeding the implementation of the Covenant 6. The Committee notes the absence of any significant factors or difficulties preventing the effective implementation of the Covenant in the State party. D. Principal subjects of concerns and recommendations 7. The Committee is concerned that economic, social and cultural rights are essentially not enshrined in the Constitution, although some individual rights proclaimed therein are relevant to this category of rights. The Committee is also concerned that the Covenant provisions have not been incorporated in the domestic law and cannot be directly invoked by individuals before national courts. It notes that this situation has a restrictive impact on the scope of the competencies of the institutional guarantees of human rights, including courts, the National Human Rights Commission, and the Ombudsman’s Office. The Committee encourages the State Party to complete the planned amendment of the Constitution with a view to enshrining economic, social and cultural rights on an equal footing with other constitutional rights. The Committee also recommends that the State party accord the Covenant a legal status that would enable its provisions to be invoked directly within the domestic legal system, preferably by incorporating the Covenant provisions into the domestic law. In this regard the Committee refers to its general comment no. 9 (1998) on the domestic application of the Covenant. 8. The Committee is concerned that the draft national action plan on human rights does not specifically deal with economic, social and cultural rights. It is also concerned that this plan has been under finalization for several years. The Committee recommends that the State party revise, finalize and adopt the draft national action plan on human rights and dedicate a section of it to economic, social and cultural rights. It also encourages the State party to consult widely with civil society, the National Human Rights Commission and the Ombudsman in the preparation of the national action plan. 9. The Committee is concerned that the National Human Rights Commission has no specific mandate to deal with economic, social and cultural rights as such, although it notes that the Commission can and does receive complaints against discriminatory treatment in relation to economic, social and cultural rights under section 16 of the Constitution. The Committee recommends that the State party amend the Protection of Human Rights Act of 1998 in order to give the National Human Rights Commission a specific mandate to deal with economic, social and cultural rights. 10. The Committee is concerned that the State party has not adopted any policies or laws to protect refugees and asylum-seekers. 2