Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

Abolition of Forced Labour Convention, 1957 (No. 105) - Comoros (Ratification: 1978)

Article 1(a) of the Convention. 1. In its previous comments, the Committee referred to sections 79, 94, 99, 252 and 254 of the Penal Code, which provide for terms of imprisonment for offences relating to the exercise of the freedom of expression and assembly. Under the terms of section 1 of Order No. 68-353, of 6 April 1968, these sentences involve an obligation to work. The Committee recalled that the Convention prohibits the use of any form of forced or compulsory labour as a punishment for persons holding or expressing political views or views ideologically opposed to the established political, social or economic system, and it requested the Government to take the necessary measures to ensure that persons protected by the Convention cannot be subjected to punishment which includes the obligation to work.

In an earlier report, the Government had indicated that the above Order was undergoing revision. The Committee, however, noted in its previous direct request that this revision had still not been completed.

The Committee notes the information provided by the Government in its report to the effect that the technical assistance of the Office would be welcome in the context of an overall revision of the labour legislation and regulations. It notes that the Government hopes, in this framework, to revise or repeal, as appropriate, the above sections of the Penal Code and the relevant implementing texts so as to ensure conformity with the provisions of the Convention.

The Committee expresses the firm hope that the above provisions will finally be brought into conformity with the Convention and that the Government will soon be in a position to report on the measures taken to this end.

2. The Committee notes the comments of the Federation of Autonomous Comoran Workers’ Organizations (USATC) on the application, among others, of Conventions Nos. 29 and 105, which were communicated to the Office by electronic mail on 12 October 2000. The Committee notes that in its comments the USATC reports cases of forced labour by political detainees. The Committee requests the Government to provide its observations on these allegations in its next report.