CAT/C/NAM/CO/2 Committee’s jurisprudence. The State party should ensure that all allegations of acts of torture and ill-treatment are investigated, prosecuted and punished, including those committed during the liberation struggle and the state of emergency of August 1999. The State party should also ensure that all allegations of torture perpetrated by law enforcement officials are investigated and the officials found guilty prosecuted and punished. Universal jurisdiction 24. While noting that the bill on prevention and combating of torture provides for universal jurisdiction for the crime of torture, the Committee is concerned that, under article 8 (2) of the bill, the prosecution of a public official for torture committed outside Namibian territory is subject to the written authority of the Prosecutor-General (art. 5). 25. Before adopting the bill on prevention and combating of torture, the State party should amend article 8 (2) in order to ensure that the exercise of universal jurisdiction in cases of torture is not left to the sole discretion of the ProsecutorGeneral. Non-refoulement 26. The Committee notes that the bill on prevention and combating of torture provides for the prohibition of refoulement, in accordance with the Convention, and that the delegation gave assurances that no one has been expelled to a country where they risk being subjected to torture. However, the Committee remains concerned that section 24 (1) of the Namibia Refugees (Recognition and Control) Act, No. 41 of 1999, subject to the provisions of section 26, provides for the possibility of expelling recognized refugees and protected persons if it is in the interest of, inter alia, national security. The Committee is also concerned that the State party has still not ratified the 1969 Convention Governing the Specific Aspects of Refugee Problems in Africa or acceded to the 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness. While appreciating the information provided by the delegation on the number of Congolese refugees currently present in the State party’s territory, the Committee regrets the lack of information on their legal status and the number and origin of those who have received removal orders (exit notices). The Committee is further concerned that the Immigration Control Act, No. 7 of 1993, excludes a person convicted of sodomy from entering into Namibia (art. 3). 27. The Committee recommends that the State party: (a) Repeal section 24 (1) of the Namibia Refugees (Recognition and Control) Act, No. 41 of 1999, in order to respect its obligations under article 3 of the Convention, which establishes an absolute prohibition of refoulement when there is a risk of torture; (b) Ratify the 1969 Convention Governing the Specific Aspects of Refugee Problems in Africa and accede to the 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness; (c) Repeal any removal orders (exit notices) that have been issued to asylum seekers from the eastern region of the Democratic Republic of the Congo and allow those asylum seekers to remain in Namibia until the situation in the Democratic Republic of the Congo is favourable for repatriation on a voluntary basis; (d) Ensure that individuals at risk of persecution owing to their sexual orientation or gender identity are not subject to refoulement and have equal access to asylum without discrimination; 6