A/67/44
by providing them with free access to places of detention so that such facilities can be
independently monitored.
Traditional justice (Dina)
(11) The Committee is particularly concerned about the population’s systematic recourse
to the traditional justice system (Dina), 5 which is apparently attributable to a lack of
confidence in the formal system of justice. In addition to decisions in civil cases, the use of
such courts has reportedly resulted in criminal verdicts as well, and also in torture and
summary and extrajudicial executions (arts. 2 and 16).
In the light of its general comment on the implementation of article 2 of the
Convention, the Committee does not accept references to respect for tradition as a
justification to derogate from the absolute prohibition on torture. The State party
should set up an effective system for monitoring decisions by Dina courts and
investigate any violation of the law or provisions of the Convention. The State party
should ensure that the Dina system is compatible with its human rights obligations, in
particular those under the Convention. It should also explain the hierarchical
relationship between customary law and domestic law.
The State party should take urgent measures to closely monitor the decisions of Dina
courts in line with Act No. 2001-004 of 25 October 2001, which inter alia requires the
approval of Dina court decisions by ordinary courts. It should also ensure that all
decisions by Dina courts are appealed before the ordinary courts. The State party
should work to increase the public’s confidence in the system of justice. It should
undertake judicial reforms to resolve the main problems in the administration of
justice that are undermining the credibility of the justice system and find appropriate
solutions to make it work effectively and to the people’s benefit.
Trafficking in persons
(12) The Committee regrets that there is no information in the State party’s report on
trafficking in persons despite a persistent problem of sex tourism and exploitation of street
children (arts. 2, 12, 13 and 14).
The State party should investigate all allegations of trafficking in persons, in
accordance with Act No. 2007-038 of 14 January 2008 concerning trafficking and sex
tourism and with the relevant international standards. It should carry out awarenessraising campaigns and organize training sessions for law enforcement officers as a
means of preventing and combating trafficking in persons. It should offer protection
to victims and provide them with access to medical, social and legal services, including
rehabilitation services. The Committee invites the State party to include detailed
information in its next report on the number of investigations carried out, complaints
filed and convictions handed down for trafficking in persons.
Violence against women and children
(13) The Committee is concerned about information indicating that there is a large
number of cases of early and forced marriages and of ill-treatment and domestic violence. It
is also concerned about the fact that complaints are not lodged due to social and family
pressure, despite the existence of Act No. 2000-21, which criminalizes domestic violence
and sexual abuse (arts. 2, 12, 13 and 16).
5
58
A traditional parajudicial system designed to maintain social cohesion by settling civil disputes at the
community level.
GE.12-44492
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