Demande directe (CEACR) - adoptée 2015, publiée 105ème session CIT (2016)

Convention (n° 105) sur l'abolition du travail forcé, 1957 - Comores (Ratification: 1978)

Autre commentaire sur C105

Demande directe

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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 under which penalties of imprisonment involving the obligation to work may be imposed in accordance with section 1 of Order No. 68-353 of 6 April 1968 (organizing the work regime of detainees in detention and reform centres):

-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 that has affected or might affect the morale of the population.

The Committee notes the Government’s indication 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 could be submitted to the National Assembly at its session in October 2009. The Committee hopes that the Government will take the necessary measures to effectively repeal Order No. 68-353 organizing work by detainees in detention and reform centres and that, in the context of the repeal of the Order, persons who have peacefully expressed their political views or opposition 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 detainees in detention and reform centres, once it has been adopted.