Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Forced Labour Convention, 1930 (No. 29) - Comoros (Ratification: 1978)
Protocol of 2014 to the Forced Labour Convention, 1930 - Comoros (Ratification: 2021)

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee observes that in its report the United Nations Committee on the Elimination of all Forms of Discrimination against Women (CEDAW) notes with regret the lack of information on the phenomenon of trafficking in persons, and the lack of a legislative framework on this issue (CEDAW/C/COM/CO/1-4, paragraph 25). The Committee also notes the adoption of Act No. 14-034/AU, of 22 December 2014, to combat work and trafficking of children, which qualifies as a crime trafficking in children resulting in exploitation in all its forms, both sexual and through work, for which there is a penalty of imprisonment of from ten to 20 years and a fine. While noting this information, the Committee requests the Government to indicate the measures adopted or envisaged in law and practice to prevent, supress and combat trafficking in adults.

Article 2(2)(c). Work exacted from an individual as a consequence of a conviction in a court of law. 1. For many years, the Committee has been drawing the Government’s attention to the need to amend section 1 of Order No. 68-353 of 6 April 1968 regulating work by persons detained in detention and reform centres, under the terms of which “labour shall be compulsory for all detainees in detention and reform centres”. Under the terms of this provision, detainees could be subject to the requirement to work, which is contrary to this provision of the Convention. The Government has indicated on several occasions that, in practice, detainees are not required to perform any work and that it intends to repeal Order No. 68-353 of 1968 through a new law.

The Committee notes that the 2012 Labour Code prohibits forced labour. It also notes the Government’s indication that the provisions of Order No. 68-353 became obsolete. The Committee therefore requests the Government to indicate whether the Order referred to above has been repealed and to provide the new text regulating the system of work by prisoners. If the Order has not been repealed, the Committee requests the Government to take the necessary measures to ensure that a Bill to amend Order No. 68-353 of 1968 is adopted and to ensure that the new legislation regulating work by detainees explicitly provides that remand prisoners awaiting trial shall not be compelled to work in prison.

2. In its previous comments, the Committee noted the Government’s indication that the prison administration rarely makes use of section 7(2) of Order No. 68-353, which authorizes prisoners whose conduct is considered satisfactory to work for private employers, as the trend is rather to grant conditional release. The Committee notes the Government’s indications that section 7(2) of Order No. 68 353 became obsolete.

The Committee requests the Government to indicate any measures taken in order to align the legislation with the practice indicated.