Comments adopted by the CEACR: Comoros

Repetition

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. In its previous comments, the Committee noted the adoption of Act No. 14-034/AU of 22 December 2014 to combat child labour and trafficking in children, which criminalizes trafficking in children resulting in exploitation in all its forms, both sexual and through labour, which is punishable by a prison sentence of from ten to 20 years and a fine. The Committee requested the Government to indicate whether measures were envisaged to combat trafficking in adults.

The Committee notes the absence of information on this point in the Government’s report. The Committee observes that the Government is receiving assistance through the Decent Work Country Programme (DWCP) 2015–19. The DWCP does not seem to indicate that trafficking in adults is an alarming phenomenon in Comoros, unlike child labour and trafficking in children. Referring to its comments on the Worst Forms of Child Labour Convention, 1999 (No. 182), the Committee notes that measures to combat trafficking in children were formulated in the National Child Protection Policy (2016–21). In this respect, the Committee requests the Government to provide information on the extent of trafficking in adults, and to indicate whether, within the framework of combating trafficking, measures have been taken or are envisaged, in law or practice, to prevent, eradicate and combat trafficking in adults.

Article 2(2)(c). Work exacted from a person as a consequence of a conviction in a court of law. 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, which requires prisoners awaiting trial to work. The Government has indicated on several occasions that, in practice, prisoners are not required to perform any work and that it intends to repeal the provisions of Order No. 68-353 of 1968 that have become obsolete through a new law. The Committee also noted that section 7(2) of Order No. 68-353 provides for prisoners whose conduct is considered satisfactory to work for private employers, with a view to their moral improvement and rehabilitation for normal working life.

The Committee once again notes the Government’s indication that, in practice, the provisions of section 7(2) of Order No. 68-353 have become obsolete. The Committee therefore once again requests the Government to indicate whether this Order has been formally repealed and to provide the new legislation 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 draft text to amend Order No. 68-353 of 1968 is adopted and that the new legislation regulating work by prisoners explicitly provides that remand prisoners awaiting trial shall not be required to work in prison. Regarding the provisions of section 7(2) of Order No. 68-353, the Committee requests the Government to indicate any measures taken in order to align the legislation with the practice indicated.

Repetition

In its previous comments, the Committee had noted the 2017 observations of the Workers Confederation of Comoros (CTC), which refer to the kidnapping, by the police, of the Secretary-General of the Federation of Education Trade Unions from his home, after a strike in response to the non-compliance with an agreement concluded between the Government and the Federation and had requested the Government to provide its comments thereon. The Committee notes the information provided by the Government regarding the dismissal of some teachers following a strike. It notes that after negotiations conducted by the CTC, those teachers were reinstated and continue to receive their salaries. Recalling that the CTC's observations also alleged the kidnapping of the secretary general of the Federation of Education Trade Unions, the Committee requests the Government to provide information in this regard.

The Committee notes with regret that the Government's report does not provide information on any of the other pending matters. The Committee hopes that the next report will contain full information on all the matters raised in its previous comments, which are reiterated below.

Article 2 of the Convention. Right of workers and employers, without distinction whatsoever, to establish organizations. The Committee notes that persons appointed to a permanent position in the public administration are excluded from the scope of the Labour Code. Although section 8 of the general regulations allows public servants to freely establish trade unions or associations, section 3 of the same general regulations excludes the following categories of workers from the application of this provision: personnel of the Union and island Assemblies; military personnel; judges; officers of the island domestic security forces; State officials governed by the Labour Code; and officials of local authorities and public establishments. The Committee recalls that the right to establish and join occupational organizations should be guaranteed for all public servants and officials, irrespective of whether they are engaged in the state administration at the central, regional or local levels, are officials of bodies which provide important public services, are engaged on a permanent or temporary basis, or are employed in state-owned economic undertakings. The only authorized exceptions regarding the scope of the Convention are members of the police and the armed forces. However, these exceptions are interpreted in a restrictive manner and do not include civilian personnel of the armed forces, firefighters, prison personnel, customs and tax officers, and civilian employees from industrial establishments of the armed forces.  The Committee requests the Government to indicate the legislative provisions that guarantee the categories of personnel specified in section 3 of the general regulations of public servants the right to establish organizations in full freedom. In the absence of such provisions, the Committee requests the Government to take the necessary measures to amend the legislation with a view to enabling these categories of public servants to enjoy the protection provided by Article 2 of the Convention.

Under section 12 of the Labour Code, each representative trade union, that is, a union represented at the national level and comprising at least 150 members, may constitute a trade union section within an enterprise or establishment, which ensures the representation of the occupational interests of its members and all workers in the enterprise or establishment. The Committee recalls that the notion of “most representative trade unions” should be limited to the recognition of certain preferential rights, such as collective bargaining, consultation by the authorities or the designation of delegates to international organizations.  The Committee requests the Government to indicate whether a trade union not fulfilling the requirements of representativeness pursuant to section 12 of the Labour Code but having a significant number of members within the enterprise, can establish a trade union section.

Article 3. Right of organizations to draw up their constitutions and rules. The Committee notes that section 7 of the Labour Code provides that persons who have left their jobs or occupation may continue to be members of a trade union for a maximum of two years, provided that they were in that occupation for at least one year. The Committee recalls that one of the conditions that have to be met to guarantee fully the right of workers’ and employers’ organizations to draw up their constitutions and rules is that national legislation should only lay down formal requirements respecting trade union constitutions, except with regard to the need to follow a democratic process and to ensure a right of appeal for their members.  The Committee therefore requests the Government to take the necessary measures to amend section 7 of the Labour Code so that the question of continued membership of a trade union is determined by the constitutions and rules of the trade union in question.

Right of organizations to elect their representatives in full freedom. The Committee notes that section 6 of the Labour Code limits access to administrative and managerial office in a trade union to Comorian nationals who enjoy their civil rights and have no convictions involving the loss of civic rights. The Committee emphasizes that a conviction for an act that, by its nature, does not call into question the integrity of the individual and does not present a genuine risk to the performance of trade union functions should not constitute disqualification.  The Committee requests the Government to indicate the acts that involve a conviction resulting in the loss of civic rights, and thus, the loss of the right to be elected as a trade union representative.

The Committee also notes that, sections 4(1) and 6(1) of the Labour Code, when read in conjunction, require a person to belong to an occupation in order to hold trade union office. The Committee recalls that provisions that require members of trade unions to belong to the occupation concerned, and officers of the organization to be chosen from among its members, infringe the right of organizations to draw up their constitutions and to elect their representatives in full freedom by preventing qualified persons (such as full-time union officers or pensioners) from being elected, or by depriving them of the experience of certain officers when they are unable to provide enough qualified persons from among their own ranks.  The Committee therefore requests the Government to ensure that the legislative provisions are more flexible – for example, by accepting the candidature of persons who have worked previously in the occupation, or by exempting a reasonable proportion of leaders from the requirement that a person belong to an occupation in order to hold office.

Right of organizations to organize their activities and to formulate their programmes in full freedom. In its previous comments, the Committee requested the Government to specify the content of the legislative and regulatory provisions applicable to strikes. The Committee notes the Government’s indication in its report that the Labour Code is adapted to the spirit of the Convention and that it recognizes trade union rights, particularly in section 247 which recognizes the right of workers to strike, in defence of their occupational interests. The Committee recalls that it considers that strikes relating to the Government’s economic and social policies are legitimate, and that trade union organizations and employers’ organizations responsible for defending socio-economic and occupational interests should be able to use, respectively, strike action or protest action to support their position in the search for solutions to problems posed by major social and economic policy trends which have a direct impact on their members (see the 2012 General Survey on the fundamental Conventions, paragraph 124).  The Committee requests the Government to take the necessary measures to ensure the recognition of the right to strike not only in defence of workers’ occupational interests but also their social and economic interests.

With regard to public servants, the Committee notes that section 9 of the general regulations of public servants authorizes the exercise of the right to strike, provided that they are not governed by regulations that prohibit them from striking.  The Committee requests the Government to provide a list of categories of public servants who are subject to regulation that prohibit them from striking, in accordance with section 9(3) of the general regulations of public servants.

The Committee also notes that section 247(2) of the Labour Code provides that a strike can only be called eight days after notice is given, stating the grounds for and duration of the envisaged strike. In accordance with section 9(3) of the general regulations, public servants are required to provide advance notice of 15 days stating the grounds for and duration of the envisaged strike. The Committee considers that workers and their organizations should be able to call a strike for an indefinite period if they so wish (see the 2012 General Survey on the fundamental Conventions, paragraph 146).  The Committee therefore requests the Government to take the necessary measures to amend section 247(2) of the Labour Code and section 9(3) of the general regulations of service of public servants as indicated.

The Committee notes that, under section 248(3) of the Labour Code, the right to strike does not authorize workers to perform their duties in conditions other than those specified in their contract or those prevailing in the occupation, or to arbitrarily use the premises of the enterprise. Furthermore, section 9 bis(5) of the general regulations prohibits the permanent occupation of the workplace or the immediate surroundings during the exercise of the right to strike.  Recalling that restrictions on strike pickets and workplace occupations can only be accepted where the action ceases to be peaceful (see the 2012 General Survey on the fundamental Conventions, paragraph 149), the Committee requests the Government to clarify the meaning of section 248(3) of the Labour Code, and to take the necessary measures to ensure that section 248(3) of the Labour Code and section 9 bis (5) of the general regulations do not impede the free exercise of the right to strike.

The Committee notes that section 249 of the Labour Code authorizes the competent administrative authority to proceed, at any time, with the requisitioning of workers in private enterprises and in public services and establishments who are engaged in positions that are indispensable for the safety of persons and property, the maintenance of public order, the continuity of the public service or the satisfaction of the essential needs of the community. Section 9 bis of the general regulations limits the requisitioning of public servants who are engaged in indispensable functions to the persons required to provide the minimum indispensable service and specifies that this requisitioning must not in any case prejudice the right to strike. The Committee recalls that it is desirable to limit powers of requisitioning to cases in which the right to strike may be limited, or even prohibited, namely: (i) in the public service for public servants exercising authority in the name of the State; (ii) in essential services in the strict sense of the term; and (iii) in the case of an acute national or local crisis, and considers that essential services, for the purposes of restricting or prohibiting the right to strike, are only those the interruption of which would endanger the life, personal safety or health of the whole of part of the population (see the 2012 General Survey on the fundamental Conventions, paragraphs 151 and 131).  The Committee requests the Government to provide the list of jobs considered indispensable for the safety of persons and property, the maintenance of public order, the continuity of the public service or the satisfaction of the essential needs of the community. The Committee also requests the Government to take the necessary measures to amend section 249 to ensure that requisitioning, as an exceptional measure, is limited to the above situations.

The Committee notes that section 240 of the Labour Code provides that, in the event of the failure of conciliation and in the absence of a contractual arbitration procedure, the parties are required to follow the arbitration procedure of the Arbitration Board and provided for in section 243 et seq. The Committee recalls that the failure of conciliation is not per se an element which justifies the imposition of compulsory arbitration, and that unless the parties agree recourse to arbitration to bring an end to a collective labour dispute and a strike is only acceptable under certain circumstances, namely when the strike in question may be restricted, or even prohibited, that is: (a) in the case of disputes concerning public servants exercising authority in the name of the State; (b) in disputes in essential services in the strict sense of the term; or (c) in situations of acute national or local crisis, but only for a limited period of time and to the extent necessary to meet the requirements of the situation (see the 2012 General Survey on the fundamental Conventions, paragraph 153).  Considering that any failure of conciliation is subject to mandatory referral to an arbitration procedure following which an arbitration award is notified to the parties, the Committee requests the Government to take the necessary measures to amend the legislation to allow the exercise of the right to strike in the context of the settlement of a collective dispute.

Article 4. Dissolution or suspension of organizations by administrative authority. The Committee notes that no provision in the Labour Code addresses the dissolution of a trade union. However, section 9 of the Labour Code provides that the return of the assets of a union in the event of a dissolution that is voluntary, statutory or decided by the courts must be carried out in accordance with the statutes or, in the absence of statutory provisions, the rules determined by the General Assembly, and that the assets may in no case be distributed among the members.  Recalling that, when a trade union ceases to exist, in the absence of specific provisions in its statutes, the assets should be placed at the disposal of the workers concerned, the Committee requests the Government to ensure that section 9 of the Labour Code is amended accordingly. The Committee also requests the Government to provide detailed information on the procedure for the dissolution of trade unions, including the relevant grounds and conditions.

The Committee reminds the Government that it may avail itself of the technical assistance of the Office.

Repetition

The Committee notes the observations of the Workers’ Confederation of Comoros (CTC), received on 1 August 2017, relating to matters examined by the Committee in the present observation, and it requests the Government to provide its comments in this regard. The Committee notes that, in response to the observations of the CTC in 2013, the Government indicates that the trade union leaders who had been dismissed have been reinstated. The Committee requests the Government to provide its comments on the other matters raised by the CTC, and particularly the allegations of employer pressure against trade union leaders of the CTC, the Union of Health and Education Workers and a new trade union in a communications enterprise to persuade them to end their trade union activities.

Articles 4 and 6 of the Convention. Promotion of collective bargaining in the private and public sectors (employees of public enterprises and public servants not engaged in the administration of the State). In its previous comments, the Committee once again regretted the absence of progress in relation to collective bargaining which, according to the CTC, was not structured and had no framework at any level, and particularly that joint bodies in the public service had still not been established. The Committee notes that the CTC in its 2017 observations makes particular reference to decrees and implementing orders covering the Higher Council of the Public Service, the Joint Commission and the Medical Commission established to provide a framework for bargaining, but which have still not been signed following their preparation in 2015, thereby opening the way for regulations and measures which are not in conformity with the law to the prejudice of employees of the public service. While taking note of the request made by the Government in its report for technical assistance, the Committee urges the Government to take the necessary measures to promote collective bargaining in both the private and the public sectors (employees of public enterprises and public servants not engaged in the administration of the State). The Committee requests the Government to provide information on this subject.

The Committee notes the adoption of the Act of 28 June 2012 repealing, amending and supplementing certain provisions of Act No. 84-108/PR issuing the Labour Code.

Repetition

The Committee notes the adoption of the Act of 28 June 2012 repealing, amending and supplementing certain provisions of Act No. 84-108/PR issuing the Labour Code.

Article 1 of the Convention. Adequate protection against anti-union discrimination. The Committee notes that penalties for violations of section 11 of the Labour Code, which protects trade union activities against acts of discrimination and interference, are set out in section 260 of the Labour Code and consist of a fine of between 250,000 and 750,000 Comorian francs (US$600 and US$1,800) and a sentence of imprisonment of between three months and three years, or one only of these penalties. Recalling the importance of the effective and dissuasive nature of penalties, the Committee requests the Government to provide information on the effect given in practice to these provisions, with an indication of the number of cases brought to the attention of the competent authorities, the duration of the procedures and their outcome. Furthermore, noting that in its reply to the Workers’ Confederation of Comoros (CTC) observations of 2013, the Government indicates that the dismissed trade union officers have been reinstated in their positions, the Committee requests the Government to indicate whether reinstatement accompanied by retroactive wage compensation for the period between the dismissal and the reinstatement order, and compensation for the prejudice suffered, are included among the range of measures that may be ordered by the judicial authorities in cases of anti-union discrimination.

Article 2. Adequate protection against acts of interference. The Committee notes that section 11(2) of the Labour Code contains a general prohibition on any employer from exerting pressure in favour of or against any specific trade union. Recalling the importance of the effective prohibition by the national legislation of all of the acts of interference covered by Article 2 and the establishment of dissuasive penalties, the Committee requests the Government to provide information on the effect given to this provision in practice.

Article 4. Promotion of collective bargaining. Determination of the representative organizations of workers and employers. The Committee notes that, under the terms of section 91(4) of the Labour Code, the representative nature of a trade union or an occupational grouping shall be determined by order of the Minister of Labour, who shall base the decision on various elements, including membership and the results of elections of staff delegates, independence, dues paid, the experience of the union, and the scope and nature of its activities. Although this decision can be appealed for abuse of power, the Committee recalls that this determination should be carried out in accordance with a procedure that offers every guarantee of impartiality, by an independent body that enjoys the confidence of the parties, and without political interference (see General Survey on the fundamental Conventions, 2012, paragraph 228). In order to ensure compliance with these principles, the Committee requests the Government to provide information on the determination in practice of the representative nature of workers’ and employers’ organizations. The Committee also requests the Government to specify whether section 91 of the Labour Code applies to the conclusion of any collective agreements, or only those concluded at the branch level.

Procedure for the extension of collective agreements. The Committee notes that, in accordance with section 94 of the Labour Code, the Minister of Labour may initiate the extension procedure with a view to making the provisions of collective agreements mandatory for employers and workers covered by the occupational and territorial scope of the agreements. In light of the principle of free and voluntary collective bargaining recognized in Article 4 of the Convention, the Committee recalls that the extension procedure may be subject to the conditions that the collective agreement already covers a number of employers and workers concerned which is sufficiently representative in the opinion of the competent authority. The Committee requests the Government to specify the conditions under which the extension procedure provided for in section 94 of the Labour Code may be initiated in practice.

Promotion of free and voluntary collective bargaining. The Committee notes that the Advisory Labour and Employment Council (CCTE) has been established under the authority of the Minister of Labour by section 188 of the Labour Code and that it may, at the request of the Minister, examine any difficulty arising in relation to the negotiation of collective agreements and issue an opinion on any matters relating to the conclusion and application of collective agreements. The Committee requests the Government to provide information on the role and activities of the CCTE.

Compulsory arbitration. The Committee notes that section 240 of the Labour Code provides that, in the event of the failure of conciliation, the dispute shall be submitted to arbitration by the labour inspector. The Committee also notes that, in accordance with sections 243 and 244, the parties have a period of ten days from the notification of the arbitration award to oppose it, following which an unchallenged award becomes binding. The Committee recalls that, in accordance with the principle of free and voluntary collective bargaining set out in Article 4 of the Convention, compulsory arbitration to bring an end to collective labour disputes is only admissible under certain specific circumstances. The Committee requests the Government to specify the consequences of a party’s opposition to the arbitration award envisaged in section 243(3) of the Labour Code.

Articles 4 and 6. Right to collective bargaining of public servants not engaged in the administration of the State. The Committee notes, on the one hand, that section 1 of the Labour Code excludes from its scope of application persons appointed to a permanent managerial position in a public administration and, on the other, that under the terms of section 83 of the Code, the personnel of public services, enterprises and establishments not governed by a specific legislative or regulatory status may conclude collective agreements in accordance with the provisions of the Labour Code. Finally, the Committee notes that, under the terms of section 3, the General Regulations respecting public employees of the Union of Comoros does not apply, among others, to the following categories of workers: State employees governed by the Labour Code and employees of local communities and public establishments. The Committee recalls that, under the terms of Article 6, public servants engaged in the administration of the State (that is, public servants who by their functions are directly employed in the administration of the State, such as civil servants in government ministries and other comparable bodies, and ancillary staff) may be excluded from the application of the Convention, while all other persons employed by the Government, by public enterprises or by autonomous public institutions (such as employees in public enterprises, municipal employees and those in decentralized entities, public sector teachers, as well as air transport personnel) should benefit from the guarantees provided for in the Convention (see General Survey on the fundamental Conventions, 2012, paragraph 172). In light of the above, the Committee requests the Government to provide the list of public services, enterprises and establishments in which the personnel is governed by a specific legislative or regulatory status and, accordingly, is excluded from the scope of application of section 83 of the Code, and to indicate any provisions which recognize their right to negotiate their terms and conditions of work and employment.

Repetition

Article 1(a) of the Convention. Prison sentences involving compulsory labour imposed as a punishment for expressing political views or views ideologically opposed to the established political, social or economic system. Since 1987, the Committee has been drawing the Government’s attention to the following provisions of the Penal Code (1982) providing for penalties of imprisonment involving, in accordance with section 1 of Order No. 68-353 of 6 April 1968 (regulating work by prisoners in detention and reform centres), the obligation to work, or the circumstances which may fall into the scope of Article 1(a) of the Convention:

– section 79: schemes, acts and propaganda such as to jeopardize, in particular, public security, or to discredit political institutions or their operation;

– section 94: incitation to unarmed riotous assembly;

– section 99: participation in the organization of an unannounced demonstration;

– section 252: shouting and singing in public places or at public meetings; and

– section 254: publication, dissemination or reproduction by any means, whether deliberate or not, of false news in bad faith that has affected or might affect the morale of the population.

The Committee notes the Government’s indication that the draft Penal Code does not provide for penalties involving forced labour and that Order No. 68-353 has fallen into abeyance. While noting this information, the Committee recalls that the Government previously indicated that it intended to formally repeal Order No. 68-353 and that draft legislation might be submitted to the National Assembly. The Committee hopes that the Government will take the necessary measures to formally repeal Order No. 68-353 regulating work by prisoners in detention and reform centres. The Committee also hopes that, in the context of the adoption of the new Penal Code, the Government will take the necessary measures to ensure that persons who peacefully express their political views or views opposed to the established political, social or economic system are not liable to sentences of imprisonment involving compulsory labour. The Committee requests the Government to provide a copy of the new legislation regulating work by prisoners in detention and reform centres and a copy of the Penal Code, once they have been adopted.

Repetition

The Committee notes the observations made by the Workers Confederation of Comoros (CTC), received on 1 August 2017. It requests the Government to provide its comments on the matter.

Article 1 of the Convention. Implementation of an active employment policy. Youth employment. In its previous comments, the Committee requested the Government to indicate in its next report whether the Act issuing the national employment policy had been adopted and to indicate whether specific difficulties had been encountered in achieving the objectives set out in the national Poverty Reduction and Growth Strategy Paper (PRGSP). The Committee notes with interest that the national employment policy act (PNE) was adopted through the promulgation on 3 July 2014 of Decree No. 14-11/PR enacting Framework Act No. 14-020/AU of 21 May 2014 issuing the national employment policy. The Government indicates that this Act aims to provide a common and coherent vision of the strategic approaches for taking national action on employment, by increasing opportunities for low-income population groups to access decent work and a stable and sustainable income. The Government adds that in November 2014, with ILO support, it developed and adopted the Emergency Plan for Youth Employment (PUREJ), which is part of the process to implement the PNE. The PUREJ involves the adoption of programmes to promote youth employment which result from priority measures identified in the strategic framework of the PNE and integrated in the Strategy for Accelerated Growth and Sustainable Development (SCA2D). The Government adds that the overall objective of the PUREJ is to ensure strong employment growth in the short and medium term. In this context, the PUREJ focuses mainly on the promotion of youth employment in job-creating sectors for a period of two years, in order to contribute to the diversification of the economy, the production of goods and services and the building of social peace. The Government points out that the objective was to create 5,000 new decent and productive jobs for young persons and women by the end of 2016, through the development of skills in line with the needs of priority sectors of the Comorian economy and support for the promotion of employment and vocational integration. The Committee notes that in May 2015 the Government signed, together with the constituents and the ILO, the second generation Decent Work Country Programme (DWCP), of which the main priority is to ensure the promotion and governance of employment. The Committee notes the observations of the CTC which indicate that the implementation of the PNE is not effective. It points out that the vocational training component, which is being conducted through a project with the European Union, is the only one being applied. In this regard, the provisions and mechanisms of the PNE have not been implemented and the text has not been disseminated to the public. The CTC also reports the dismissal of over 5,000 young persons without compensation. The Committee once again requests the Government to indicate whether specific difficulties have been encountered in achieving the objectives set out in the PRGSP. It requests the Government to provide more detailed information on the measures taken with a view to achieving the employment priorities established in the framework of the DWCP 2015–19, and on the impact of measures and programmes such as the PUREJ, which are aimed at increasing access to decent work for young persons. In this regard, the Committee requests the Government to indicate the number of young persons who have benefited from these programmes.

Article 2. Collection and use of employment data. The Committee once again requests the Government to provide detailed information on the progress made with the collection of data on the labour market, and on the manner in which this data is taken into consideration during the formulation and implementation of the employment policy. It reminds the Government that it may avail itself of ILO technical assistance if it so wishes.

Article 3. Participation of the social partners. The Committee once again requests the Government to include full information on the consultations envisaged in Article 3 of the Convention, which requires the participation of all of the persons affected, and particularly employers’ and workers’ representatives, in the formulation and implementation of employment policies. The Committee hopes that the Government will make every effort to take the necessary measures without delay.

Repetition

Article 1 of the Convention. National policy. In its previous comments, the Committee noted the Government’s information on the measures taken since the adoption and implementation of the National Action Plan to Combat Child Labour (PAN) 2010–15.

The Committee notes that, according to the reports on the ILO–IPEC projects, GAP09 and GAP11, covering the 2010–13 period, a number of activities have been implemented in support of the PAN. The most recent of them include organizing the National Forum against Child Labour in November 2013, which saw the adoption of the Moroni Declaration on the National Forum against Child Labour, solemnly reaffirming the will of the stakeholders to combat child labour, and also marking the World Day against Child Labour in Anjouan in June 2015 (with ILO support). Nevertheless, the Committee notes the Ministry of Employment’s statement that there have been no further specific action by the Government since the end of the GAP11 project in 2013, except for incorporating the updated version of the PAN into the review of the Strategy for Accelerated Growth and Sustainable Development (SCA2D) 2015–19.

The Committee notes the Government’s indication in its report on the Worst Forms of Child Labour Convention, 1999 (No. 182), that the success of the implementation of the PAN depends on capacity building for the entities responsible for implementing its component parts, namely the National Committee on Combating Child Labour and its secretariat, and also the ministries and partner organizations concerned. It notes that the Government calls in its report for technical and financial support from partners in order to mobilize funds to implement the PAN effectively. However, the Committee notes that the Government is receiving ILO assistance under the Decent Work Country Programme (DWCP) 2015–19, and also from UNICEF as part of the UNICEF country programme 2015–19. The Committee requests that the Government provide information on all progress made with regard to the ongoing implementation of the PAN to ensure the effective abolition of child labour. It also requests that the Government provide information on the impact of the DWCP, the UNICEF country programme and any other relevant programme as regards the progressive elimination of child labour.

Article 2(1). Scope of application. The Committee previously noted that, under section 123(1) of the Labour Code of 1984, the minimum age of 15 years for admission to employment or work applies only to an employment relationship and consequently no minimum age for admission to employment or work is prescribed in respect of children performing an economic activity outside this context, particularly those working on their own account or in the informal sector. It noted in this regard that the Government had submitted a request for technical assistance to gradually train enough labour inspectors to cover the entire country.

The Committee notes that the new Labour Code of 2012 only applies to an employment relationship (section 1) but that under the second paragraph of section 129 of the new Code, a child cannot be employed as a wage earner or work on his/her own account before the age of 15 years. However, no provision protects children who are working in the informal economy. Furthermore, the Committee notes that the Government again reiterates the need to train labour inspectors with a view to a better application of the Convention in all economic sectors. The Committee requests that the Government once again take the necessary steps to provide labour inspectors with such training as to ensure that children who are not bound by an employment relationship, such as those working on their own account or in the informal economy, benefit from the protection afforded by the Convention. The Committee also requests that the Government provide information on progress made in this regard.

Article 3. Hazardous work. In its previous comments, the Committee noted that a new Labour Code was adopted in 2012 through Act No. 12-167, section 131(d) of which prohibits the admission of children under 18 years of age to work which, by its nature or the circumstances in which it is carried out, is likely to jeopardize their health, safety or morals. The Committee also noted the Government’s indication that, within the framework of the PAN, the list of hazardous types of work prohibited for children was approved by the Council of Ministers on 8 August 2012 and published in March 2014.

The Committee notes that this list comprises a series of tasks regarded as dangerous and classified according to the sectors in which they may be carried out, including agroforestry, engineering, carpentry, work in Koranic schools, domestic work, transport, tourism and fishing. However, the Committee observes that the minimum age for admission to such work remains unclear. In this regard, the Committee notes the Government’s indication that a draft ministerial order is being drawn up specifying the types of work and categories of enterprises which are prohibited for young persons, and also the minimum age for the application of the prohibition. According to the Government, this order is awaiting the opinion of the Labour and Employment Advisory Council.

The Committee reminds the Government that under Article 3(1) and (3) of the Convention, the minimum age for admission to any type of hazardous employment or work must not be less than 18 years, except for certain types of employment or work which may be carried out from the age of 16 years, on condition that: (1) the employers’ and workers’ organizations concerned have been consulted in advance; (2) the health, safety and morals of the young persons concerned are fully protected; and (3) the young persons concerned have received adequate specific instruction or vocational training in the relevant branch of activity. The Committee requests that the Government take the necessary steps to ensure that the provisions of Article 3 of the Convention are observed and, in particular, that the minimum age for admission to hazardous types of employment or work is fixed at 18 years, or at 16 years subject to fulfilment of the conditions set out in Article 3(3) of the Convention. The Committee requests the Government to provide information on progress made in this respect.

Article 7. Light work. The Committee previously noted that section 129 of the new Labour Code reiterates that the minimum age for admission to employment or work is 15 years. However, and as indicated by the Government, the third paragraph of section 129 provides that children may perform their first light work, such as work at home or in the fields, provided that such work is not likely to adversely affect their school attendance, participation in vocational training programmes, or physical and mental development. The fourth paragraph of section 129 provides that a ministerial order will establish the types of light work and the categories of enterprises prohibited for young persons and the minimum age for the application of the prohibition.

The Committee notes with regret that there is no information on this matter in the Government’s report. The Committee once again reminds the Government that, under Article 7(1) of the Convention, national laws or regulations may permit the employment or work of persons aged 13 to 15 years in light work, provided that such work is not likely to be harmful to their health or development. Furthermore, under Article 7(3) of the Convention, the competent authority shall determine the activities in which light work may be permitted and shall prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken. The Committee urges the Government to take the necessary steps to ensure that a ministerial order is adopted to fix the minimum age for admission to light work at 13 years, regulate the employment of young persons from 13 to 15 years of age in these types of light work, determine the activities in which light work may be permitted and prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken.

Repetition

Article 2(3) of the Convention. Compulsory schooling and application of the Convention in practice. In its previous comments, the Committee noted that child labour was a visible phenomenon in the country, particularly as a result of poverty and of the low school enrolment rate in some cases. In this regard, the Committee noted that the capacity of schools was very limited and that some primary and secondary schools were obliged to refuse to enrol certain children of school age. Consequently, a large number of children, particularly from poor families and disadvantaged backgrounds, were deprived of an education.

The Committee noted the Government’s indication that there had been a positive trend towards gender parity in school, standing at 0.87 at primary level. However, it was less satisfactory at secondary level, where the numbers of girls in school had fallen significantly. According to the Government, particular problems in the educational situation for girls involved late enrolment, a very high repetition rate – around 30 per cent in primary school and 23 per cent in secondary school – and a high drop-out rate, with only 32 per cent of pupils completing primary education.

The Committee notes the Government’s statement in its report that it is taking steps to reduce the disparity in school enrolment rates for girls and boys. The Government indicates that the school mapping system is being revised by the Ministry of Education, in conjunction with the education offices and UNICEF, with a view to boosting educational coverage and ensuring better access to education for children living in rural areas. Moreover, the Committee notes that a UNICEF country programme has been adopted for 2015–19, which aims, among other things, to support the Government’s efforts to enhance children’s right to education. One of the main objectives of the programme is to ensure that all children are enrolled in and complete inclusive, high-quality education, with the focus on equity and achievement.

However, the Committee notes that section 2 of Framework Act No. 94/035/AF of 20 December 1994 provides that schooling is only compulsory from 6 to 12 years of age, which is three years earlier than the minimum age for admission to employment or work, namely 15 years. Referring to the General Survey of 2012 on the fundamental Conventions, the Committee observes that if compulsory schooling comes to an end before children are legally entitled to work, a vacuum may arise which regrettably opens the door for the economic exploitation of children (paragraph 371). The Committee therefore considers it desirable to raise the age of completion of compulsory schooling so that it coincides with the minimum age for admission to employment or work, as provided for in Paragraph 4 of the Minimum Age Recommendation, 1973 (No. 146). Recalling that compulsory education is one of the most effective means of combating child labour, the Committee strongly encourages the Government to take the necessary steps to make education compulsory until the minimum age for admission to employment, namely 15 years. Moreover, the Committee requests that the Government intensify its efforts to increase the school attendance rate and reduce the school drop-out rate, especially among girls, in order to prevent children under 15 years of age from working. The Committee requests that the Government provide information on the results achieved in this respect.

Repetition

Articles 3(a)–(c) and 7 of the Convention. Worst forms of child labour, and penalties. Sale and trafficking of children. Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances, or for illicit activities. In its previous comments, the Committee noted that section 131(a)–(c) of the new Labour Code of Comoros, adopted by Act No. 12-167 in 2012, prohibits the worst forms of child labour, which include: (a) all forms of slavery or similar practices, such as the sale and trafficking of children, debt servitude and bondage, and forced or compulsory labour; (b) the use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances; and (c) the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. However, the Committee observed that the provisions of title X of the new Labour Code (relating to penalties) do not specify any penalties for violations of section 131 of the Code, which is concerned with the prohibition of the worst forms of child labour.

The Committee notes that new Act No. 14-034/AU aimed at combating the sale and trafficking of children was promulgated on 22 December 2014. Section 6 of the Act provides that any person who engages or seeks to engage a child under 18 years of age in one of the worst forms of child labour as specified in section 131(a)–(c) of the Labour Code – namely, the trafficking of children or the use, procuring or offering of children for prostitution or for illicit activities – shall be liable to a fine of 100,000 to 5 million Comorian francs (KMF) and imprisonment ranging from five months to ten years. Imprisonment of ten to 20 years applies where the offence is committed against a victim under 15 years of age.

However, the Committee observes that under Act No. 14-034/AU, the same offences sometimes incur different penalties, as follows:

– Under section 13, anyone who engages in trafficking in persons, where it is for the purpose of exploiting young persons under 18 years of age, shall be liable to imprisonment of ten to 20 years and a fine of KMF30 million.

– Under section 11, anyone who coerces or encourages a young person in his/her care or custody to engage in debauchery or prostitution shall be liable to imprisonment of three to five years and a fine of KMF500,000 to 1 million.

– Under section 9, anyone who employs, uses, persuades, incites, encourages or coerces a child to engage in sexual acts with a view to producing a visual representation of such acts shall be liable to imprisonment of five to ten years and a fine of KMF2 million to 5 million.

Moreover, the Committee observes that certain provisions of the Penal Code, particularly sections 322 and 335, are also concerned with prohibitions regarding the sexual exploitation of children and the deprivation of another person’s freedom (which could apply to the trafficking of children).

Hence, the Committee observes that the provisions of Comorian legislation relating to the worst forms of child labour overlap, with the result that the applicable penalties are unclear, thereby potentially resulting in an additional obstacle to the effective prosecution of the perpetrators of such offences. The Committee reminds the Government that Article 7(1) of the Convention provides that the Government must take all necessary measures to ensure the effective implementation and enforcement of the provisions giving effect to the Convention. The Committee therefore urges the Government to take the necessary steps to ensure that persons implicated in the worst forms of child labour are subject to effective prosecution. Accordingly, the Committee requests the Government to take steps to ensure that offences relating to the worst forms of child labour and the corresponding penalties are harmonized so that they are clear and non-contradictory. The Committee requests the Government to provide information on progress made in this regard. It also requests the Government to provide information on the number and nature of reported offences, investigations, prosecutions, convictions and criminal penalties imposed, in relation to the application of the abovementioned provisions concerning the prohibition of the worst forms of child labour. To the extent possible, this information should be disaggregated by age and gender of victims.

Article 5. Monitoring mechanisms. In its previous comments, the Committee noted the Government’s indication that issues relating to the worst forms of child labour are never brought to the attention of the labour inspectorate.

The Committee notes with regret once again that the Government remains silent regarding the existence of any mechanism charged with monitoring the employment or use of children in the worst forms of child labour. The Committee therefore requests the Government once again to take the necessary steps to establish mechanisms to monitor the worst forms of child labour, including by providing for a monitoring mechanism to supplement the labour inspectorate when it comes to the implementation of Article 3(a)–(c) of the Convention targeting criminal offences. It requests the Government to provide information in this regard.

Article 6. Programmes of action. Further to its previous comments, the Committee notes that a national child protection policy in Comoros has been adopted for the 2016–21 period, which includes actions to combat child labour and trafficking of children. The Committee requests the Government to provide information on the specific measures taken as part of the national child protection policy to combat the worst forms of child labour, particularly trafficking for sexual or economic exploitation, and on the results achieved.

Article 7(2). Effective and time-bound measures. Clause (d). Identifying and reaching out to children at special risk. Child domestic labour. The Committee previously noted that child domestic labour was a common practice in the country. Poverty coupled with poorly applied legislation was partly responsible for this situation. The Committee noted that children employed in domestic work, particularly little girls, were often the victims of exploitation, which assumed highly diverse forms, and that it was difficult to monitor their conditions of employment because of the “hidden” nature of their work.

The Committee notes with regret the lack of information on this matter in the Government’s report. The Committee urges the Government to take effective and time-bound measures to protect children employed in domestic work, particularly girls, against the worst forms of child labour and the various forms of abuse to which they may be subjected. It once again requests the Government to supply information on the measures taken in this regard.

Article 8. International cooperation. Poverty reduction. The Committee notes that a national development strategy, the “Strategy for accelerated growth and sustainable development” (SCA2D), has been adopted for the 2015–19 period. This strategy aims at accelerated and strong economic growth to create decent jobs, while promoting the sustainable development of the country. Moreover, the Committee notes that the Comorian Government is assisted by the Decent Work Country Programme (DWCP) 2015–19, whereby the ILO contributes towards achieving the goals set in national development frameworks such as the SCA2D. Recalling that poverty reduction programmes contribute towards breaking the cycle of poverty, which is essential for the elimination of the worst forms of child labour, the Committee requests the Government to provide information on the impact of the SCA2D, the DWCP and any other poverty reduction programme on the elimination of the worst forms of child labour in the country.

Annual holidays with pay

Night work of women

Minimum wage

Protection of wages