A/HRC/7/42
page 23
• The Government should appoint a committee drawn from Government, the
BAKC, human rights NGOs and local and foreign experts, to advise on the
organization of legal aid. Its recommendations should be implemented speedily.
• The Government must promote respect for the rule of law within the State and
society. It must set the example, as guardian of the Constitution and the law. Laws
must be implemented fairly and fully and effective remedies for the violation of
rights ensured, if people are to trust the notion of rule of law.
• The Government must urgently enact laws on demonstrations and anti-corruption,
ensuring that they comply with the Constitution and human rights standards.
• The Government must protect the rights of indigenous persons and others who,
due to illiteracy, customary practices and expectations, communal forms of
organizations etc., are not familiar with the law or its procedures, the rules for
making of economic transactions or with the market economy. Steps must be taken
to ensure that State authorities, including communes, are no longer involved in
transactions of dubious morality or law that undermine the rights of these
communities and individuals.
• The Government must do all it can to stop forced evictions. It must never be
complicit in unlawful evictions. Internationally accepted guidelines must be
observed, including the principles that nobody should be made homeless as a result
of development-based evictions, the full and informed consent of those targeted for
eviction. Evictions should be carried out only in exceptional circumstances, and
solely for the purpose of promoting the general welfare in a democratic society.
The use of force should be prohibited. No one should be imprisoned in relation to
protecting their rights to land and housing and anyone detained in this context
should be released. A moratorium on forced evictions should be declared, to allow
the determination of the legality of land claims to be made in an objective and fair
manner.
• The Government must establish an independent authority to receive complaints
about maladministration by the State (including institutions of justice). A Human
Rights Commission fully established on the Paris Principles could be given this
task.
• The Government must respect the duty and right of civil society to promote and
protect human rights and observe United Nations resolutions on the rights of
human rights defenders. No restrictions should be placed on reasonable activities
of local communities and non-governmental associations.
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