Demande directe (CEACR) - adoptée 2022, publiée 111ème session CIT (2023)

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.