A/65/44 (3) The Committee regrets the absence of a delegation from the State party able to enter into a dialogue with it, and notes that, owing to the absence of representatives from the State party, the examination of the report took place in accordance with rule 66, paragraph 2 (b) of its rules of procedure. The Committee invites the State party to submit written responses and comments to the present provisional concluding observations and urges the State party, in the future, to comply fully with its obligations under article 19 of the Convention. B. Positive aspects (4) The Committee welcomes the fact that, in the period since the consideration of the initial report, the State party has ratified or acceded to the following international instruments: (a) The Convention on the Rights of Persons with Disabilities and the Optional Protocol thereto, in 2009; (b) The Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict, in 2007; (c) The Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, in 2004. (5) The Committee notes the ongoing efforts by the State to reform its legislation, policies and procedures to ensure better protection of human rights, including the right not to be subjected to torture and other cruel, inhuman or degrading treatment or punishment, in particular: (a) The State party’s signature of several memorandums of understanding with the United Nations High Commissioner for Refugees in 2004, 2005 and 2007, including its commitment to prepare a refugee law and to promote it; (b) The various human rights education and training activities and the State party’s openness to international cooperation. C. Principal subjects of concern and recommendations Implementation of the Convention (6) The Committee notes with concern that the conclusions and recommendations it addressed to Yemen in 2003 have not been sufficiently taken into consideration. The Committee stresses the duty of States, regardless of their political, economic and cultural systems, to promote and protect all human rights and fundamental freedoms. In its view, cultural and religious specificities may be taken into consideration in order to develop adequate means to ensure respect for universal human rights, but they cannot jeopardize the implementation of all provisions of the Convention or negate the rule of law. In this respect, the Committee notes with concern the establishment, in 2008, of a commission to protect virtue and fight vice and the lack of information on the mandate and jurisdiction of this commission, existing appeal procedures, and whether it is subject to review by ordinary judicial authorities (art. 2). The State party should implement in good faith all recommendations addressed to it by the Committee and find ways to ensure that its religious principles and laws are compatible with human rights and its obligations under the Convention. In this respect, the Committee draws the attention of the State party to its general comment No. 2 on the implementation of article 2. The State party is requested to provide information on the mandate of the new virtue and vice commission, its appeal procedures and whether it exercises a precise jurisdiction in full conformity with the GE.10-44721 61

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