E/C.12/DJI/CO/1-2
The Committee recommends that the State party take steps to collect data and
produce statistical indicators on human rights, including economic, social and cultural
rights. The Committee refers the State party to the conceptual and methodological
framework on human rights indicators developed by the Office of the United Nations
High Commissioner for Human Rights (HRI/MC/2008/3). The Committee calls on the
State party to include comparative annual statistical data on the exercise by persons
in Djibouti of each right enshrined in the Covenant, broken down by age, sex,
rural/urban population, tribe and other pertinent criteria.
9.
The Committee is concerned about the prevalence of corruption in the public service
of the State party (art. 2, para. 1).
The Committee recommends that the State party intensify its effort to combat
corruption and related impunity and ensure that public affairs, in law and in practice,
are conducted in a transparent manner. It also recommends that the State party make
politicians, members of parliament and national and local government officials aware
of the economic and social costs of corruption, and make judges, prosecutors and the
police aware of the need for strict enforcement of the law.
10.
While noting the provisions of articles 390 to 393 of the Criminal Code on the
prohibition of discrimination, the Committee regrets that the law of the State party does not
fully prohibit discrimination in the exercise of all economic, social and cultural rights and
does not provide for the implementation of special measures to this end (art. 2, para. 2).
The Committee invites the State party to adopt a framework non-discrimination law
that prohibits discrimination on any grounds and aims to eliminate de jure
discrimination and de facto discrimination. The Committee recommends that the
State party ensure that its legislation sets out a definition of indirect discrimination
and provides for temporary special measures to reduce or eliminate situations that
put a segment of the population at a disadvantage in the enjoyment of economic, social
and cultural rights. Furthermore, the Committee encourages the State party to
reassess and, if necessary, to amend its laws in order to ensure that they are not
discriminatory and do not lead to discrimination, either in terms of form or substance,
as regards the exercise and the enjoyment of the rights covered by the Covenant. The
Committee refers the State party to its general comment No. 20 (1999) on nondiscrimination in economic, social and cultural rights.
11.
The Committee regrets the absence of legislation that defines the rights of persons
with disabilities. The Committee also regrets the absence of reliable information and data
on their enjoyment of economic, social and cultural rights (art. 2, para. 2).
The Committee recommends that the State party adopt legislation that incorporates
the provisions of the Convention on the Rights of Persons with Disabilities and
provides for administrative and legal remedies in the event of violations of these
rights. The Committee also recommends that the State party collect information and
produce statistical data on the exercise of economic, social and cultural rights by
persons with disabilities and develop a national plan for their economic and social
inclusion accordingly. Furthermore, the Committee calls on the State party to increase
its efforts to make public services accessible to them.
12.
While noting that the State party hosts a significant number of refugees and that the
National Asylum Eligibility Commission has resumed its work, the Committee regrets the
absence of legislation on refugees (art. 2, para. 2).
The Committee encourages the State party to expedite the adoption of a framework
law to guarantee the protection of all persons in need of international protection and
their enjoyment of a minimum set of economic, social and cultural rights in
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