E/CN.4/2002/77/Add.2 page 30 Society. This point is all the more telling since the Working Group recommends that civil society should be called upon to play an ever greater role in the process of transition launched by the Amir. 4. This being the Working Group’s first visit to a Muslim-law country, the presence of a member from the region, Mrs. Zerrougui, who knew Islam and Arabic, made it easier to appreciate and take account of local circumstances; this made it possible to forge bonds of great trust with women detainees and with women’s non-governmental organizations. 5. Lastly - in a development unprecedented in the Working Group’s history - the release of all the prisoners, including those on whose circumstances the Group had commented, set the seal on a successful visit. The Working Group wishes to indicate once again its deep satisfaction at the decisive scale and scope of the reforms that have been undertaken and the accompanying acts of clemency. VI. RECOMMENDATIONS Recommendation 1 113. Incarceration for insolvency: the Working Group has noticed that people are extremely often detained for failure to post bond or pay a fine. The Government should see to it that account is taken of insolvent debtors’ good faith and fair allowance is made for the small incomes of the less well-off. As regards imprisonment for contractual debt, the Government should arrange to have the laws permitting incarceration for failure to pay civil debts repealed. The Working Group points out in this connection that article 11 of the International Covenant on Civil and Political Rights prohibits such incarceration. Recommendation 2 114. The “free visa” scheme: the Working Group realizes that holding employers responsible for the entry and exit of workers allows the authorities to control the flow of migrants; it is, nonetheless, concerned at the scale of migration and the resulting insecure status of foreigners. This situation merits close consideration, and might be assigned for that purpose to the Shura Council’s Human Rights Committee with a view to better safeguards that foreigners’ rights, including their economic and social rights, are respected. The Group also recommends the Government to give effect to articles 198 and 302 bis of the Criminal Code, bringing to justice those “sponsors” who all too often break the rules and abuse the scheme. Recommendation 3 115. Courts martial: remedies against decisions handed down by courts martial should be brought into line with international standards. The Working Group recommends the Government to review the legislation governing courts martial and bring it into line with universal standards, in part by allowing appeals to the Court of Cassation against the decisions that courts martial hand down.

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents