E/C.12/BLR/CO/4-6
(d)
United Nations Convention against Transnational Organized Crime and its
Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and
Children, on 25 June 2003;
(e)
1951 Convention relating to the Status of Refugees and its 1967 Protocol, on
23 August 2001;
(f)
International Labour Organization (ILO) Convention No. 182 (1999)
concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of
Child Labour, on 31 October 2000;
(g)
ILO Convention No. 155 (1981) concerning Occupational Safety and Health
and the Working Environment, on 30 May 2000.
4.
The Committee takes note with appreciation of the State party’s measures to
promote economic, social and cultural rights, including the:
(a)
mortality;
Steps that led to the significant decline in infant, child and maternal
(b)
Entry into force in 2009 of the Law (No. 354-Z) on Granting Refugee Status,
Complementary and Temporary Protection to Foreign Citizens and Stateless Persons;
(c)
Adoption in 2010 of the Law on the Legal Status of Foreign Nationals and
Stateless Persons;
(d)
C.
Adoption in 2011 of the Education Code (No. 243-3).
Principal subjects of concern and recommendations
5.
The Committee regrets the lack of references to Covenant provisions by domestic
courts, despite the fact that international treaties form part of the domestic legal order of the
State party (art. 1).
The Committee recommends that the State party undertake to raise awareness of
economic, social and cultural rights, as contained in the Covenant, and their
justiciability, in particular among the judiciary, lawyers, law enforcement officials
and other actors responsible for the implementation of the Covenant, and among
rights holders. The Committee requests the State party to submit in its next periodic
report information on cases before the courts in which the provisions of the Covenant
have been invoked. The Committee also draws the State party’s attention to its
general comment No. 9 (1998) on the domestic application of the Covenant.
6.
The Committee is concerned that the independence of the judiciary from the
executive branch is not fully ensured in practice, despite the proclamation of principles
safeguarding judicial independence in the Constitution and other laws such as the Code on
the Judicial System and the Status of Judges of 2007. In particular, the Committee is
concerned that the President, as the Head of the Executive, not only appoints, but may also
dismiss and otherwise determine the status of judges (art. 2).
The Committee urges the State party to take all the necessary legislative and other
measures in order to guarantee the full independence and impartiality of the judiciary
in line with the United Nations Basic Principles on the Independence of the Judiciary
(endorsed by General Assembly resolutions 40/32 and 40/146), including by
establishing an independent body responsible for the appointment, promotion,
suspension and removal of judges.
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