Observation (CEACR) - adoptée 2002, publiée 91ème session CIT (2003)

The Committee notes that no report has been received from the Government. It must therefore repeat its previous observation on the following matters:

1. Article 1, paragraph 1, and Article 2, paragraphs 1 and 2(c), of the Convention. In its comments over a number of years, the Committee has drawn the Government’s attention to section 1 of Order No. 68-353 of 6 April 1968, under which labour is compulsory for all persons in detention. In its report the Government indicated that this Order had not been abrogated but that in practice prisoners were not under the obligation to perform any kind of labour, either inside correctional institutions or on the outside. The Committee notes the comments made by the Union of Comoros Workers’ Autonomous Trade Unions (USATC), transmitted by the Government in its report, according to which judicial and prison authorities had recourse to forced labour for detainees and political detainees. The USATC indicated in 1999 that "certain workers of the Ports and Maritime Transport Company (SOCOPOTRAM) who had claimed their rights found themselves in jails of the national police and were forced to work by cleaning the area of the port". The Committee notes that in its response to the comments of the USATC, the Government condemned the fact that detained workers were forced to perform urban cleaning work. The Committee hopes that the Government will take the measures necessary to ensure that persons detained without having been convicted shall work only on a voluntary basis and at their request.

2. In its earlier comments the Committee also referred to section 7, paragraph 2, of Order No. 68-353 of 6 April 1968, according to which prisoners whose conduct is considered satisfactory can work for a private employer with a view to their moral rehabilitation or re-adaptation to normal working life. It requested the Government to provide information on the practice of private individuals or companies using prison labour. In its report the Government indicated that it envisaged the abrogation of the Order in question. The Committee hopes that the Government will soon be able to announce the abrogation of Order No. 68-353 and that it will transmit a copy of the abrogating text.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.