Demande directe (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

The Committee notes the Government’s first report and the fact that it is lacking in detail. The Committee reminds the Government that a first report must contain full information on measures taken in respect of each of the provisions of the Convention and on each of the questions set out in the report form. The Committee hopes that the Government’s next report will contain detailed replies with regard to each point referred to in the report form.

Article 3 of the Convention. Worst forms of child labour. All forms of slavery or similar practices. Clause (a). 1. Sale and trafficking of children. The Committee notes that the national legislation does not contain any specific provisions on the sale and trafficking of children. However, it notes that sections 345–348 of the Penal Code deal with the abduction of minors. Section 345 of the Penal Code penalizes any person who forcibly or fraudulently abducts minors, or causes them to be forcibly or fraudulently abducted, or moves, removes or lures them away, or causes them to be moved, removed or lured away, from the locations where they were placed by the persons to whose authority or supervision they were entrusted. Section 123 of the Family Code states that the term “minor” means anyone who has not reached the age of majority, which is fixed at 18 years. The Committee requests the Government to indicate to what extent section 345 of the Penal Code makes it possible in practice to charge and convict a person of the sale and trafficking of children under 18 years of age for economic or sexual exploitation.

2. Forced or compulsory labour. The Committee notes that, under section 2(3) of the Labour Code, forced or compulsory labour is strictly prohibited. Under section 2(4), the expression “forced or compulsory labour” means any work or service exacted from an individual under the threat of punishment and for which the individual has not presented himself voluntarily.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee notes that section 322(1) and (6) of the Penal Code penalizes the use, procuring or offering of a child for prostitution. Accordingly, anyone who: (1) in any way knowingly aids, assists or protects the prostitution of another or soliciting with a view to prostitution; (6) acts as any kind of intermediary between persons engaging in prostitution or debauchery and individuals who exploit or remunerate the prostitution or debauchery of another, shall be penalized. Section 323(1) of the Penal Code states that the fact that the offence is committed with regard to a minor constitutes an aggravating circumstance. The Committee notes that, according to the annual report of October 2006 of the Observatory on the Rights of Children in the Indian Ocean Region (ODEROI) entitled “Violence against children in the Indian Ocean region” and mentioned by the Government in its report, sexual exploitation, particularly of girls and including prostitution, exists in the country. The Committee therefore requests the Government to supply information on the application of section 322(1) and (6) and section 323(1) of the Penal Code in practice, including statistics on the number and nature of violations reported, investigations, prosecutions, convictions and penalties imposed. Finally, the Committee requests the Government to indicate whether the Penal Code or any other legislation penalizes the client in cases of child prostitution.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee notes that, according to the ODEROI annual report of October 2006, the use of children in pornography is considered a problem in the country. It notes that the national legislation does not, however, appear to prohibit and penalize this worst form of child labour. The Committee therefore requests the Government to indicate the measures taken or contemplated to prohibit, in accordance with Article 3(b) of the Convention, the use, procuring or offering of a child under 18 years of age for the production of pornography or for pornographic performances, and to establish penalties for this purpose.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee notes that the Government has not supplied any information with regard to this worst form of child labour. It reminds the Government that, under Article 1 of the Convention, immediate and effective measures must be taken as a matter of urgency to secure the prohibition of this worst form of child labour. The Committee requests the Government to supply information on the measures taken to prohibit the use, procuring or offering of a child for illicit activities, particularly for the production and trafficking of drugs, in accordance with Article 3(c) of the Convention. The Committee also requests the Government to establish penalties for this purpose.

Article 3(d) and Article 4, paragraph 1. Hazardous work and determination of these types of work. The Committee notes draft Order No. 5 fixing the types of work and the categories of enterprises prohibited to young persons and the age requirements regarding the admission of children to employment (draft Order No. 5) communicated by the Government in 2005 with its report under Convention No. 33. The Committee observes that, even though several types of hazardous work are covered by this draft Order, the term “child” is not defined and is sometimes used with an age between 15 and 18 years being indicated (see sections 5, 9, 10, 12 and 13) or without any age specified (see sections 2–4, 6–9 and 11). This makes it impossible to identify precisely the minimum age for admission to hazardous work. However, the Committee notes the Government’s statement that a draft regulatory act determining the types of work and the categories of enterprises prohibited to young persons and the age conditions regarding the admission of children to work has been drawn up. The purpose of this draft will be to raise the minimum age from 16 to 18 years. The Committee expresses the hope that the draft legislation will be adopted as soon as possible and will prohibit and penalize the employment of children under 18 years of age in the worst forms of child labour. It requests the Government to provide information on all progress made towards this end. Finally, the Committee requests the Government to provide information on any consultations held with employers’ and workers’ organizations, in accordance with Article 4, paragraph 1, of the Convention.

Article 5. Monitoring mechanisms. 1. Labour inspection. The Committee notes that sections 154–177 of the Labour Code deal with the bodies and means involved in the application of provisions relating to labour. It notes in particular that, under section 154 of the Code, the labour and social legislation departments have a central administration and, in each of the islands, a labour and social legislation inspectorate, possibly with one or more controllers. Under section 155 of the Labour Code, the central administration is responsible for the legislative provisions relating to labour and worker protection. Section 156 states that the labour and social legislation inspectorate is responsible for the enforcement of the legislative and regulatory provisions relating to conditions of work and the protection of workers in the exercise of their occupations, including provisions on the employment of children and young persons. The Committee requests the Government to provide information on the work of the central administration and the labour and social legislation inspectorate, particularly with regard to the worst forms of child labour, including, for example, extracts of reports or documents indicating the scope and nature of violations reported concerning children and young persons involved in the worst forms of child labour.

2. Criminal offences. Inasmuch as Article 3(a)–(c) of the Convention concerns criminal offences, the Committee requests the Government to indicate whether it plans to establish additional monitoring mechanisms for use by the labour and welfare administration to ensure the application of these provisions of the Convention.

Article 6. Programmes of action. The Committee notes that, according to the information provided by the Government in its annual report sent in 2002 under the follow-up to the Declaration on Fundamental Principles and Rights at Work, a national plan to ensure the effective abolition of child labour in the country has been drawn up. The Committee requests the Government to supply information on the measures taken in the context of the implementation of the national plan, indicating, in particular, whether programmes of action for combating the worst forms of child labour have been adopted, and on the results achieved.

Article 7, paragraph 2. Effective and time-bound measures. Noting that the Government has not supplied any information concerning this provision of the Convention, the Committee requests it to provide detailed information on the effective and time-bound measures taken to: (b) provide the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration.

Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee notes that the Committee on the Rights of the Child, in its concluding observations on the country’s initial report in October 2000, noted with concern that the school enrolment rate is low; that equal access to education is not ensured; that a gender gap exists with regard to school enrolment; and that the school drop-out rate is high (CRC/C/15/Add.141, paragraphs 43 and 44). In this regard, the Committee notes that, according to the information supplied by the Government in its annual report sent in 2001 under the follow-up to the Declaration on Fundamental Principles and Rights at Work, child labour is a visible phenomenon in the country, particularly as a result of poverty and the low school enrolment rate with respect to some children.

The Committee notes that, according to the information available on the web site of the UNESCO International Bureau of Education (IBE) (www.ibe.unesco.org/countries/Comoros.html), the education system of Comoros is composed of two sub-systems, one a traditional Koranic type and the other a modern type. Furthermore, under the terms of Framework Act No. 94/035/AF of 20 December 1994, primary education is compulsory between the ages of 6 and 12 years. Secondary education comprises a compulsory first cycle up to the age of 14, lasting four years (age group: 12–16 years). According to the information available on the UNICEF web site (www.unicef.org/infobycountry/comoros_2674.html) for the years 2000–05, the net primary school attendance rate is 31 per cent for both girls and boys, while the secondary school rate is 11 per cent for girls and 10 per cent for boys. The Government adopted a programme of Education for All by 2015 (“EFA by 2015” programme) and a national movement for the education of girls has been launched. However, the Committee notes that, according to the Education for All (EFA) Global Monitoring Report 2008 published by UNESCO entitled Education for All by 2015: Will we make it?, it has been impossible, owing to a lack of data, to make projections concerning the achievement of the goals fixed by the “EFA by 2015” programme, except as regards gender parity in primary education, where the indications are that Comoros may not achieve the goals by 2015. The Committee expresses its concern with regard to the low school attendance rate at both primary and secondary levels. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, it urges the Government to intensify its efforts to approve the functioning of the education system in the country. In this regard, the Committee requests the Government to supply information on the measures taken in the context of the “EFA by 2015” programme to increase the school attendance rate and reduce the school drop-out rate, particularly with respect to girls. It also requests the Government to provide information on the results achieved.

Clause (d). Identifying and reaching out to children at special risk. Child domestic labour. The Committee notes that, according to the ODEROI annual report of October 2006, child domestic labour is a common practice in the country. Poverty, combined with lax enforcement of legislation, is partly responsible for this situation. Even though no detailed analysis exists of the conditions of work of child domestic workers in Comoros, the latter are said to be the victims of alarming violence, particularly girls, who are reportedly subjected to sexual abuse by members of the host family. The Committee notes that, according to this report, a “National Strategy for the protection of children most at risk” was adopted in 2004. It notes that children employed in domestic work, particularly young girls, are often the victims of exploitation, which assumes highly diverse forms, and that it is difficult to monitor their conditions of employment because of the “clandestine” nature of this work. The Committee requests the Government to indicate whether, in the context of the implementation of the “National Strategy for the protection of children most at risk”, it intends 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 requests the Government to supply information on the measures taken in this regard.

Article 8. International cooperation. Noting that poverty reduction programmes contribute towards breaking the circle of poverty, which is essential for the elimination of the worst forms of child labour, the Committee requests the Government to indicate whether it plans to adopt a poverty reduction programme and, if so, to indicate the measures taken or contemplated, in the context of this programme, to prohibit and eliminate the worst forms of child labour.

Part V of the report form. Application of the Convention in practice. The Committee notes that no statistical data relating to the number of children who are victims of the worst forms of child labour appear to be available for Comoros. It hopes that the Government will be in a position to provide statistics and information in its next report on the nature, extent and trends of the worst forms of child labour, the number of children protected by the measures giving effect to the Convention, the number and nature of violations reported, investigations, prosecutions, convictions and penalties imposed. As far as possible, the information supplied should be disaggregated by sex.