Demande directe (CEACR) - adoptée 2014, publiée 104ème session CIT (2015)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Comores (Ratification: 2004)

Autre commentaire sur C182

Demande directe

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Article 3 of the Convention. Worst forms of child labour. All forms of slavery or similar practices. Clause (a). Sale and trafficking of children. In its previous comments, the Committee noted that the national legislation contains no specific provisions on the sale and trafficking of children. It nonetheless noted that section 345 of the Penal Code penalizes anyone who forcibly or fraudulently abducts minors (persons under 18 years) 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.

The Committee notes the Government’s indication that section 335 of the Penal Code also prohibits anyone from concluding an agreement to dispose of a person’s liberty and from bringing into or removing or attempting to remove from the country persons intended to be subject to such an agreement, subject to a sentence of imprisonment. The Committee also notes that the new Labour Code of Comoros, adopted by Act No. 12-167 in 2012, provides in section 131(a) that all forms of slavery or similar practices, such as the sale and trafficking of children, debt servitude and bondage, and forced or compulsory labour are considered worst forms of child labour. The Committee requests the Government to indicate how sections 345 and 335 of the Penal Code make 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. It also requests the Government to provide information on the application of section 131(a) of the new Labour Code in practice, regarding the number of proceedings, convictions and penalties imposed.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee previously noted that sexual exploitation, including prostitution, particularly of girls, existed in the country. It noted that section 322(1) and (6) of the Penal Code punishes the use, procuring or offering of a child for prostitution. According to section 323(1) of the Penal Code, the fact that the offence is committed against a minor constitutes an aggravating circumstance.

The Committee notes the Government’s indication that it will gather statistics concerning the application of these Penal Code provisions and information on the sentences delivered by juvenile judges, and support services. The committee also notes that section 131(b) of the new Labour Code now prohibits the use, procuring or offering of a child for prostitution. The Committee therefore once gain requests the Government to provide information on the application of section 322(1) and (6) and of section 323(1) of the Penal Code, in practice, in particular by providing statistics on the number and the nature of the violations reported, investigations, proceedings, convictions and criminal penalties imposed. It also requests it to provide that information in relation to the application of section 131(b) of the new Labour Code.

Clauses (b) and (c). Use, procuring or offering of a child for the production of pornography or for pornographic performances or for illicit activities. Further to its previous comments, the Committee notes with interest that section 131(b) and (c) of the new Labour Code prohibits the use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances, and the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of narcotics. The Committee requests the Government to provide information on the application of section 131(b) and (c) of the Labour Code, in practice, in particular by providing statistics on the number and nature of the violations reported, investigations, proceedings, convictions and criminal penalties imposed.

Articles 3(d) and 4(1). Hazardous work and determination of hazardous work. Regarding the adoption of a list of hazardous work, the Committee refers to its detailed comments under the Minimum Age Convention, 1973 (No. 138).

Article 5. Monitoring mechanisms. Further to its previous comments, the Committee notes the Government’s indication that, in practice, questions relating to the use of children in the worst forms of labour are never brought to the attention of the labour inspectorate. The Committee notes with regret that the Government does not however provide any information on the mechanisms for monitoring the engagement or use of children in these worst forms of labour. The Committee therefore requests the Government to take the necessary measures to provide for mechanisms to monitor the worst forms of child labour, including providing for a monitoring mechanism to complement labour inspection relating to Article 3(a)–(c) of the Convention which targets criminal offences. It requests the Government to provide information in this regard in its next report.

Article 6. Programmes of action. The Committee previously noted that according to the information sent by the Government in its 2002 annual report under the follow up to the Declaration on Fundamental Principles and Rights at Work, a national plan to ensure effective abolition of child labour in the country had been drawn up.

The Committee notes that the action plan to combat child labour was adopted in September 2010. Since its implementation, efforts have been made with a view to increasing cooperation between sectors and partners, strengthening existing interventions and ensuring that the agreed actions are effectively integrated into the partners’ regular programmes. In addition, a meeting for the discussion and identification of the two sectors most affected by child labour – sexual exploitation and domestic work – was held with the social partners; police teams and units were designated and set up to specifically combat child labour; and national conferences on combating child labour and child trafficking were organized in November 2013. The Committee requests the Government to provide information on the impact of the measures taken within the framework of the action plan to combat child labour relating to the elimination of the worst forms of child labour.

Article 7(1). Sanctions. The Committee notes that the provisions under chapter X of the new Labour Code, regarding penalties, do not seem to contain sanctions for breaches of section 131 of the Code, which deals with the prohibition of the worst forms of child labour. Recalling that, under Article 7(1) of the Convention, the Government must take all necessary measures to ensure the effective implementation and enforcement of the provisions giving effect to this Convention, and do so as a matter of urgency, the Committee urges the Government to take the necessary measures to ensure that suspects involved in the worst forms of child labour are prosecuted and that sufficiently effective and dissuasive sanctions are imposed on them. The Committee requests the Government to provide information in this regard in its next report.

Article 7(2). Effective and time-bound measures. Clause (d). Identify and reach 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 “clandestine” nature of the work. Noting the absence of information 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.

Application of the Convention in practice. Further to its previous comments, the Committee notes the Government’s indication that no reliable statistics are available on the extent and nature of the violations reported concerning children and adolescents involved in the worst forms of child labour. It notes however the Government’s indication in its report provided under the Minimum Age Convention, 1973 (No. 138), that a report to identify the hazardous work exerted by children in Comoros has been prepared and approved by the tripartite constituents and the development partners. The Committee requests the Government to provide this report on the identification of hazardous work exerted by children in Comoros. It also requests the Government to take the necessary measures to ensure the availability of up-to-date and comprehensive figures on the prevalence of child labour in the country, such as statistics and information 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 extent and nature of the violations detected, investigations, prosecutions, as well as the convictions and penalties imposed. As far as possible, the information supplied should be disaggregated by sex and age.