CAT/C/MUS/CO/3
(b)
Optional Protocol to the Convention on the Rights of the Child on the
involvement of children in armed conflict, on 12 February 2009;
(c)
Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially
Women and Children, supplementing the United Nations Convention against Transnational
Organized Crime, on 24 September 2003;
(d)
Protocol against the Smuggling of Migrants by Land, Sea and Air,
supplementing the United Nations Convention against Transnational Organized Crime, on
24 September 2003;
(e)
(f)
April 2003.
Rome Statute of the International Criminal Court, on 5 March 2002;
United Nations Convention against Transnational Organized Crime, on 21
5.
The Committee notes with satisfaction the efforts being made by the State party to
amend its legislation in order to ensure greater protection of human rights and welcomes
the adoption of:
(a)
The Criminal Code (Amendment) Act (article 78), in 2003, which
incorporates in national law the definition of torture set out in article 1 of the Convention
against torture;
(b)
The Amendments, in 2004, to the Protection from Domestic Violence Act of
(c)
The Amendments, in 2005 and 2008, to the Child Protection Act 1994;
(d)
The Combating of Trafficking Act on 21 April 2009;
1997;
(e)
The Criminal Procedure (Amendment) Act 2007 (section 5(1)) to abolish
mandatory sentences in relation to offences under the Criminal Code and the Dangerous
Drugs Act and to restore the sentencing discretion of the Court in 2007;
(f)
The Imprisonment for Civil Debt (Abolition) Act 2006;
(g)
The Sex Discrimination Act 2002 which creates a Sex Discrimination
Division within the National Human Rights Commission;
(h)
The Transfer of Prisoners Act passed in 2001.
6.
The Committee welcomes the efforts made by the State party to operationalize the
National Human Rights Commission in April 2001 and to establish an Office of
Ombudsperson for children.
C.
Principal subjects of concern and recommendations
Incorporation of international law
7.
While noting that the State party has a dualist system of reception of international
treaties, the Committee is concerned that the State party has not yet fully incorporated the
Convention in its domestic law (art. 2).
The State party should, in the context of the forthcoming constitutional review
announced by the delegation, consider fully incorporating the provisions of the
Convention in its domestic legislation in order to allow the application by domestic
courts of obligations set out in the Convention.
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