C. Concerns and recommendations
The Committee recalls its general recommendations Nos. 1 (1972) on States parties’ obligations, 7 (1985) on the application of article 4 of the Convention and 15 (1993) on article 4 of the Convention, which state that the provisions of article 4 are of a mandatory and preventive nature, and recommends that the State party amend its current legislation, and the Criminal Code in particular, to include provisions that give full effect to all the elements set out in article 4 of the Convention.
Discrimination based on descent
8. While taking note of the information provided by the State party, the Committee is concerned at the survival of the caste system in certain ethnic groups, which leads to discrimination against certain categories of people and impedes their full enjoyment of the rights enshrined in the Convention (arts. 3 and 5).
(a) Take specific measures to combat and eradicate all caste practices, including through the effective implementation of the current legislation on racial discrimination;
(b) Consider adopting special legislation on discrimination based on descent;
(c) Strengthen and continue with public awareness and education campaigns, particularly among the ethnic and other groups concerned and among traditional and religious leaders, on the harmful effects of the caste system and the situation of victims;
(d) Include this issue in the appropriate programmes, policies and strategies adopted by the State party;
(e) Provide the Committee with detailed additional information on the impact of the measures taken to abolish this system.
C. Positive aspects
6. It is noted with appreciation that the prohibition of discrimination on any ground, in particular of race, ethnic origin, colour, religion or caste, is contained in the Constitution, which makes it an excellent basis for the implementation of the Convention in Burkina Faso.