A/HRC/40/69
sexual assault to the perpetrator, and those that result in the harshest penalties –
including stoning, lashing and death – often being reserved for women, as well as
judicial practices that disregard a history of gender-based violence to the detriment of
women defendants;
(e)
Ensure that a data system is established to regularly collect, analyse and
publish statistical data on the number of complaints about all forms of gender-based
violence against women, including technology-mediated violence, the number and
types of protection orders issued, the rates of dismissal and withdrawal of complaints,
prosecution and conviction rates and time taken for the disposal of cases.
131.
On security and detention, the Commission recommends that the Government:
(a)
Halt the use of secret detention in unofficial detention facilities and the
torture and ill-treatment of detainees, and urgently address conditions in all places of
detention;
(b)
Embark on radical reform of the arrangements for national security to
ensure compliance with international human rights obligations;
(c)
Cease interference with the media and civil society so that freedom of
expression can be reasonably exercised in order to ensure that the peace process is
properly understood, that there can be accountability for past violations, that issues of
corruption can be exposed, and that the process of healing can take place across the
country;
(d)
Reconfirm its former commitment to a moratorium on executions as a
contribution to peace- and nation-building, and confirm its commitment to respecting
its international human rights obligations by declaring that no one who was under the
age of 18 years at the time of the commission of their offence will be sentenced to
death or executed;
(e)
Consider carefully the draft amendment to the Penal Code Act, which
incorporates international crimes into national law in order that all forms of liability
relevant to such crimes are included, so that there can be complementarity between
the national criminal legal order and any international tribunals with jurisdiction.
132.
On the political economy, the Commission recommends that the Government:
(a)
Ensure the implementation of articles 4.8.1.1 and 4.8.1.2 of the
Revitalized Agreement on the Petroleum Revenue Management Act, which facilitate
transparency, accountability and an equitable allocation of oil revenues among the
present and future population of the country, including the closure, within three
months of the start of the transition period, of any petroleum revenue accounts not
established under the Act;
(b)
Establish an appropriate mechanism to monitor the transfer of an
equitable share of the revenue to states and ensure public reporting;
(c)
Ensure that it expedites the operationalization of Future Generations
Fund and the Oil Revenue Stabilization Account and reviews and audits the
allocations and transfers of the 2 per cent and 3 per cent of oil revenue made to oilproducing states and communities, respectively, since 2011;3
(d)
Ensure that the review of the national oil company, Nilepet, and the
National Petroleum and Gas Commission called for under the Revitalized Agreement
is dealt with expeditiously to transform and empower them to exercise their
responsibilities as stated in the amended Constitution and law.4
133.
3
4
18
On transitional justice, the Commission recommends that the Government:
Revitalized Agreement, arts. 4.8.1.14.7 and 4.8.1.14.9.
Revitalized Agreement, art. 4.8.1.14.14.
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